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

Vol. 147 WASHINGTON, THURSDAY, NOVEMBER 15, 2001 No. 158 House of Representatives The House met at 10 a.m. PLEDGE OF ALLEGIANCE the United States alone. During these Imam Yahya Hendi, Muslim Chap- The SPEAKER. Will the gentleman troubled times, I believe it is impor- lain, Georgetown University, Wash- from Ohio (Mr. KUCINICH) come forward tant to show all Muslims and the world ington, D.C., offered the following and lead the House in the Pledge of Al- our good will toward the Muslim com- prayer: legiance. munity and our respect for the Islamic A reading from the Holy Koran, the Mr. KUCINICH led the Pledge of Alle- faith. Muslims’ Holy Scripture, chapter 5, giance as follows: Again, our thanks and appreciation verses 8 and 9: I pledge allegiance to the Flag of the to Imam Yahya Hendi for offering our ‘‘And remember the favor of God United States of America, and to the Repub- opening prayer this morning. unto you, and His covenant, which He lic for which it stands, one nation under God, f ratified with you, when you said: ‘we indivisible, with liberty and justice for all. COMMUNICATION FROM THE HON- hear and we obey.’ Fear God, for God f ORABLE GARY A. CONDIT, MEM- knows well the secrets of your hearts. WELCOMING IMAM YAHYA HENDI BER OF CONGRESS O you of faith! Stand up firmly for God, (Mr. LAFALCE asked and was given as witnesses to fair dealings. Let not The SPEAKER pro tempore (Mr. permission to address the House for 1 the hatred of others to you make you HANSEN) laid before the House the fol- minute.) lowing communication from the Honor- swerve to wrong and depart from jus- Mr. LAFALCE. Mr. Speaker, as we tice. Be just, that is next to righteous- able GARY A. CONDIT, Member of Con- begin Ramadan, we are especially gress: ness. Fear God for God is well-ac- pleased to have a Muslim Imam give quainted with all that you do.’’ our opening prayer to the House of NOVEMBER 14, 2001. Hon. DENNIS J. HASTERT, And now let us bow our heads before Representatives. I am honored to wel- God and pray: Speaker, House of Representatives, come Imam Yahya Hendi as our guest Washington, DC. Loving God! chaplain this morning, and I thank him DEAR MR. SPEAKER: This is to formally no- Source of justice, goodness and gen- very much for those inspiring words tify you, pursuant to Rule VIII of the Rules erosity! and reading from the Koran. of the House of Representatives, that my of- We ask You to guide the men and Imam Hendi currently serves as the fice has been served with a grand jury sub- women of this Congress with Your di- Muslim chaplain at Georgetown Uni- poena for documents issued by the Superior vine light, to empower them with Your versity, which is where I first heard Court of the District of Columbia. wisdom, to enable them to be agents of him. He also serves as spokesman and After consultation with the Office of Gen- eral Counsel, I will make the determinations peace in this Nation and around the member of the Islamic Jurisprudence required by Rule VIII. world. Council of North America and directs Sincerely, Help them lead us to act as brothers the ‘‘PEACE’’ office of the Muslim GARY A. CONDIT, and sisters. Empower them to help us American Society. Now an American Member of Congress. work out our differences. Help them citizen, Imam Hendi was born in f help us confront hatred wherever it ex- Nablus in the Palestinian Territories ists that we all may live as one Nation, and educated at the University of Jor- ANNOUNCEMENT BY THE SPEAKER united, under God. dan in Amman and the Hartford Semi- PRO TEMPORE God! nary in Connecticut. He was one of the The SPEAKER pro tempore. There Receive our thanks and hear our Muslim leaders who met with Presi- will be 10 one-minutes on each side prayers. Amen. dent Bush in the aftermath of the Sep- today. tember 11 tragedy. f f I asked Chaplain Dan Coughlin to in- vite Imam Hendi to deliver our opening WELCOMING IMAM YAHYA HENDI prayer today to mark the commence- (Mr. GILMAN asked and was given THE JOURNAL ment of Ramadan, the Islamic holy permission to address the House for 1 The SPEAKER. The Chair has exam- month of fasting and spiritual renewal. minute and to revise and extend his re- ined the Journal of the last day’s pro- Observance of Ramadan begins tomor- marks.) ceedings and announces to the House row evening at dusk, and fasting will Mr. GILMAN. Mr. Speaker, I am de- his approval thereof. commence at sunrise on Saturday. lighted to join in welcoming visiting Pursuant to clause 1, rule I, the Jour- There are 1.5 billion Muslims in the chaplain Imam Hendi as we greet the nal stands approved. world, including almost 7 million in onset of the holy month of Ramadan.

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.

H8183

.

VerDate 06-NOV-2001 22:44 Nov 15, 2001 Jkt 099060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A15NO7.000 pfrm02 PsN: H15PT1 H8184 CONGRESSIONAL RECORD — HOUSE November 15, 2001 Islam is a way of life for millions of URGING ACTION ON AIRLINE SE- my district, Muslims have made his- Americans, and we in the Congress CURITY AND ECONOMIC STIM- tory. They have become prominent want them and all Americans to know ULUS BILL citizens in all walks of life: medicine, of our Nation’s view that Islam should (Mr. FOLEY asked and was given per- engineering, law, business, education, be understood as a faith that firmly up- mission to address the House for 1 and entertainment. holds the values of respect for the indi- minute and to revise and extend his re- Our citizens built the first mosque in vidual human being, the value of the marks.) Ohio and the third in our Nation. And family, and justice for all. We join the Mr. FOLEY. Mr. Speaker, if you read just after September 11, people of faith growing American Muslim community Roll Call today, you will realize that joined hands around our Perrysburg in condemning those who try to tell us the majority leader of the other Cham- mosque in a strong show of unity with otherwise and who commit crimes ber decided at a very important en- our common bond to the Creator of us against humanity in the name of gagement with President Putin to all. Islam. make a joke about his height. A few During the upcoming Ramadan, Christmas, and Hanukkah seasons, Congress has expressed itself for- months ago, he seemed to make the may our national mosaic shaped by mally in condemnation of those who, in same reference to our own President people who have come here willingly the wake of the events of September 11, when he questioned his international from throughout the world shine beau- took illegal actions against people stature. The gentleman must obviously tifully as an example of how people can solely because they were, or seemed to have a height fettish. Rather than fo- live together with respect for one an- be, Muslims. Moreover, we support the cusing on things we can do for our other and without fear. President in his forthright expressions country, he is making fun of the gen- against all such illegal actions, his tleman’s stature. f prosecution of those who commit such Our President has led us successfully b 1015 crimes; and we join President Bush’s in Afghanistan. The words from the assurances that our efforts in Oper- field include: ‘‘The Taliban’s on the CONGRATULATIONS TO CORAL GA- ation Enduring Freedom against ter- run’’; ‘‘we’re focusing in on bin Laden’’; BLES FIRST UNITED METHODIST CHURCH ON ITS 75TH ANNIVER- rorism are not directed against Islam and ‘‘we’re going to achieve our goal SARY or against Muslims. because the United States and its allies remain committed to the end of ter- (Ms. ROS-LEHTINEN asked and was Mr. Speaker, to the contrary, we em- rorism.’’ given permission to address the House brace our fellow citizens who are Mus- I salute our President. I urge the ma- for 1 minute and to revise and extend lims and all those of the Muslim faith jority leader of the other body to her remarks.) who are temporary or permanent resi- quickly take up the airline security Ms. ROS-LEHTINEN. Mr. Speaker, dents here as adherents of one of the bill which the House passed which in- this year marks the 75th anniversary of three great religions in the monothe- cludes options for localities to hire the the Coral Gables First United Meth- istic tradition. kind of screeners they need to protect odist Church, and I congratulate its Accordingly, Mr. Speaker, at the be- the traveling public. I also urge him to clergy and its parishioners. ginning of this holy month, we extend take up the economic stimulus bill Since July of 1926, when 100 Coral our warmest greetings to the American that is ready at his desk and ready for Gable citizens gathered to charter a Muslim community; and we wish them the American economy. United Methodist church, First United a blessed Ramadan. f has been a spiritual beacon to its com- munity. ANNOUNCEMENT BY THE SPEAKER f With the current leadership of Senior PRO TEMPORE Pastor John Harrington, the church AMERICAN JURISPRUDENCE The SPEAKER pro tempore. Mem- continues its mission of serving south SYSTEM bers are reminded not to make mention Florida by reaching out to all commu- of Members of the other body. nities with its message of hope and (Mr. KUCINICH asked and was given f love. Church members operate a ‘‘Pas- permission to address the House for 1 tor’s Pantry’’ and a ‘‘Sharing Place’’ to minute.) WELCOMING IMAM YAHYA HENDI provide immediate food and clothing Mr. KUCINICH. Mr. Speaker, we all (Ms. KAPTUR asked and was given needs to the destitute. agree that terrorists should be brought permission to address the House for 1 The Church also supports many min- to justice. But what kind of justice? minute and to revise and extend her re- istries: Habitat for Humanity, the The American jurisprudence system is marks.) Community Partnership for the Home- the envy of the free world with its em- Ms. KAPTUR. Mr. Speaker, as co- less, the Agape Women’s Center, and phasis on due process. Yet the recent chair of the new Democratic Caucus the Riverside House, just to name a executive order substitutes our Amer- working group on Central Asia and the few. Funding missions all over the ican justice system for military tribu- Middle East, please let me warmly wel- world that bring the promise of Jesus nals, where officers sit as judge and come Imam Yahya Hendi to the peo- Christ and that relieve suffering in the jury with secret evidence, secret wit- ple’s House. world have always been priorities for nesses, secret verdicts, and even se- His prayer ascends to the God of us the Coral Gables First United Meth- cretly handed-down death sentences. all, who ‘‘shows us the straight way, odist Church. the way of those on whom grace is be- Mr. Speaker, I ask my congressional This order is not reflective of the stowed, and whose portion is not colleagues to join me and the Matson workings of the great solons of the law wrath, so we will not go astray.’’ family in congratulating the Coral Ga- whose likenesses ring this Chamber. Mr. Speaker, I am fortunate to rep- bles First United Methodist Church. This is not reflective of Jeffersonian resent a region of our Nation where May it continue serving with love and democracy. This is Kafka’s trial writ Muslims for generations along with devotion as a spiritual center for many large. We cannot, we should not let the faith-filled people from all denomina- of our south Florida residents. actions of terrorists cause us to reject tions and those of secular persuasion f our American system of justice. The have joined together in an interfaith ultimate terror in a democracy is the mission to promote tolerance, under- CHINA IS DESTABILIZING THE destruction of constitutional prin- standing, and to advance social justice. WORLD WITH AMERICAN CASH ciples. We have built homes for the poor (Mr. TRAFICANT asked and was Let us defend against terrorism, and through Habitat for Humanity. We given permission to address the House may we always remain one Nation, work together in the campaign to erase for 1 minute.) under God, indivisible with liberty and hatred. Ours is a peaceful community Mr. TRAFICANT. Mr. Speaker, a re- justice for all. and a patriotic community. Indeed, in port said China is selling missiles to

VerDate 06-NOV-2001 22:44 Nov 15, 2001 Jkt 099060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K15NO7.002 pfrm02 PsN: H15PT1 November 15, 2001 CONGRESSIONAL RECORD — HOUSE H8185 our enemies. The report said China sold gest it is so-called because, during RECOGNIZING THE VISION AND missiles and technology to Iran, Iraq, Ramadan, hearts and souls are more ACHIEVEMENTS OF HARRY W. Libya, Syria, and Pakistan. In addi- readily receptive to the admonition COLMERY tion, China sold nuclear technology to and to the words of God, just as sand (Mr. RYUN of Kansas asked and was Iran and Pakistan, and it has been con- and stone are receptive to the sun’s given permission to address the House firmed by American officials. The re- heat. for 1 minute and to revise and extend port further said that these Chinese Ramadan is a beautiful work that his remarks.) sales will enable Iran to deploy nuclear truly captures the spiritual and the Mr. RYUN of Kansas. Mr. Speaker, I warheads in the near future. physical renewal of this most treasured rise today to recognize the vision and Beam me up here. China is desta- time for Muslims. Americans have ben- achievements of Mr. Harry W. Colmery bilizing the world with American cash. efited immensely from learning more of Topeka, Kansas. Mr. Colmery’s ef- That is no laughing matter. I yield about these traditions. forts led to the enactment of the GI back all those American flags that I join my colleagues today in sending Bill of Rights in 1944. This bill made a were recently passed out at the Wiz- our message of solidarity and warm college education possible for 2 million ards game that were made in China. greetings for a blessed beginning to the veterans and has also allowed for more f holy month of Ramadan for all Mus- than 2 million others to buy homes for lims, here at home and around the their families. THE TIME IS NOW TO PASS AN world. In December of 1943, Harry Colmery, AIRLINE SECURITY BILL f the National Commander of the Amer- (Mrs. MYRICK asked and was given ican Legion, wrote the first draft of permission to address the House for 1 YUCCA MOUNTAIN JEOPARDIZES what became the Servicemen’s Read- minute and to revise and extend her re- NATIONAL SECURITY justment Act, known as the GI Bill. marks.) (Mr. GIBBONS asked and was given Thanks to the work of Mr. Colmery Mrs. MYRICK. Mr. Speaker, I rise permission to address the House for 1 and others, his bill was signed into law today to urge my colleagues to pass an minute and to revise and extend his re- by President Roosevelt some 6 months airline security bill. marks.) later. The holiday season is going to begin Mr. GIBBONS. Mr. Speaker, yester- The GI Bill continues to serve as a next week, and millions of Americans day the Nuclear Regulatory Commis- fitting reward to servicemen and will be flying to see their loved ones. It sion joined the Department of Energy women who have risked their lives to is ridiculous that Congress is dragging in what appears to be a collusion to ig- protect our freedom. Millions were able their feet. It should have been done nore public safety. An NRC statement to better themselves and their families weeks ago. said that it believes that the Depart- through higher education. We need to make sure that the skies ment of Energy has done all the work For this reason, I am asking Presi- are safe for all people so they feel se- necessary for approval to license Yucca dent Bush to posthumously award the cure. It is understandable that folks Mountain. Earlier this week, the Yucca Presidential Medal of Freedom to are still anxious about flying. That is project chief for the DOE said that the Harry W. Colmery, and I ask my col- why we must act. We must reach a analysis for terrorist threats would leagues to join me. compromise. We must restore con- not, I repeat, would not, be included in f fidence in the American public so they a final report to the Secretary of En- will fly on the planes, and we must ergy. AVIATION SECURITY send a message to the terrorists that Well, Mr. Speaker, the last time I (Mr. HOLT asked and was given per- they are not going to scare us into checked, we were at war with ter- mission to address the House for 1 changing our way of life. rorism; and it seems to me that a giant minute and to revise and extend his re- f mountain filled with 77,000 tons of nu- marks.) clear material located near Las Vegas, Mr. HOLT. Mr. Speaker, if we want ANNOUNCEMENT BY THE SPEAKER Nevada, makes an unfortunate, yet at- to revitalize the airline industry, we PRO TEMPORE tractive, target for these evil terror- have to get people back on the planes. The SPEAKER pro tempore (Mr. ists. It is simply reckless and irrespon- It is clear that people do not feel safe HANSEN). The Chair will extend the sible for the DOE and the NRC to ig- flying. Airlines are losing money, and number of 1-minute speeches to 15 on nore the threat of terrorism. the number of passengers is way down. each side. It is obvious that the DOE and NRC Yet, here we are, more than 2 months are on a mission to store nuclear waste f after the events of September 11 with- at Yucca Mountain at any price. Unfor- out an agreement on airline security. IN RECOGNITION OF THE HOLY tunately, that price may be the safety To prevent future attacks and to re- MONTH OF RAMADAN of the American people. store the public’s confidence in flying, (Mr. BONIOR asked and was given f we must take steps. We cannot just permission to address the House for 1 hope that the same security companies minute and to revise and extend his re- PUTTING BOOKS IN THE HANDS OF that have committed gross violations marks.) CHILDREN of current law will do a better job in Mr. BONIOR. Mr. Speaker, I rise in (Mr. DAVIS of Illinois asked and was the future. We have Federal oversight recognition of the beginning of the given permission to address the House of private, for-profit companies right holy month of Ramadan. For nearly 7 for 1 minute and to revise and extend now; and the current system is not million Muslims in America and more his remarks.) working. This is a very real problem, than 1 million worldwide, this is a pe- Mr. DAVIS of Illinois. Mr. Speaker, I and it deserves a real solution. riod of introspection and faith. As Mus- just left a wonderful event at Union Mr. Speaker, Congress should stay in lims prepare for the daily fast, they Station sponsored by First Book, Coca session and pass an aviation security begin a month of deep spirituality and Cola, and Scholastic Educational Serv- bill that protects the flying public. communal observance. ices. f Like many things related to Islam in We all know that the mission of First America, Ramadan is not well under- Book is to put a book in the hands of WE NEED A REAL ECONOMIC stood by most Americans. The word children and encourage them to read. STIMULUS PACKAGE FOR AMER- ‘‘Ramadan’’ comes from the Arabic They are going to be there the rest of ICA root word for ‘‘parched thirst’’ and the day, so I am encouraging people to (Mr. TOOMEY asked and was given ‘‘sun-baked ground.’’ go by, sign this giant book, because for permission to address the House for 1 Some say the word expresses the every signature that they get, some minute.) hunger and thirst felt by those who child is going to get their very own Mr. TOOMEY. Mr. Speaker, hundreds spent the month in fasting. Others sug- book to read. of thousands of Americans are losing

VerDate 06-NOV-2001 22:44 Nov 15, 2001 Jkt 099060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K15NO7.004 pfrm02 PsN: H15PT1 H8186 CONGRESSIONAL RECORD — HOUSE November 15, 2001 jobs. We need an economic stimulus TIME TO FEDERALIZE AIRPORT Just a few days ago, at Boston Logan package now that will lower the Fed- SECURITY International Airport, an Argenbright eral tax burden and, thereby, increase (Mr. HEFLEY asked and was given security guard left her checkpoint un- incentives to work, to save, to invest, permission to address the House for 1 attended for several minutes, allowing to start new small businesses, to hire minute and to revise and extend his re- people to walk through unchecked. The American public does not feel new workers. marks.) safe, and we should be ashamed of the We need to create an environment of Mr. HEFLEY. Mr. Speaker, we need fact that we cannot get an airline secu- opportunity, to help people get back to airport security, we want airport secu- rity bill passed in this House. Enough work, because the people that I rep- rity, and we must have airport secu- is enough. We should not go home until resent of the Lehigh Valley and the rity. we get it done this weekend. Upper Perkiomen Valleys of Pennsyl- When I say that, I do not mean vania, they do not want to know how Mr. Speaker, I challenge all of the Argenbright Security. Did we ever hear Members of the House, but particularly long they can stay out of work; they a worse oxymoron than using the term want to know how quickly they can get those who are holding up this issue ‘‘Argenbright’’ and ‘‘security’’ in the based on whether or not they will agree back to work. same sentence? How can one claim to The President has proposed and the to federalize those screeners, to stop be a security company and let a man the politicking, to stop playing with House has passed a meaningful, tax- get through with seven knives, a can of lowering, back-to-work economic stim- people’s lives. Let us get on with air- Mace, and a stun gun? That is not secu- line security. ulus package. And what is the other rity. f Chamber doing? Instead of a real eco- How can airlines keep hiring this nomic stimulus package, the majority company? Southwest and United up in b 1030 party in the other Chamber has pro- Baltimore just hired them again to posed a package mostly consisting of URGING SENATE ACTION ON manage their security. How can anyone HUMAN CLONING BAN unproductive government spending. put confidence in a company that has (Mr. FERGUSON asked and was Unbelievably, less than 30 percent of repeatedly been fined for violations? the Senate Democrats’ stimulus bill, given permission to address the House How can anyone put confidence in a for 1 minute and to revise and extend so-called stimulus bill, is dedicated to company that either does not do back- actually increasing any incentives for his remarks.) ground checks or does them in such a Mr. FERGUSON. Mr. Speaker, time new job creation. Instead, there is all shoddy way that felons can slip manner of new spending. There is an is running out. With each passing day, through their screening? How can any- scientists come closer and closer to expansion of authority for Indian one put confidence in a company when tribes to issue tax exempt private cloning a human being. Step-by-step, they are hiring new immigrants from they are completing a process whereby bonds, there are increases in subsidies the Third World to do their security to bison ranchers and pumpkin grow- human life, the most sacred of gifts, is checking? cheapened and devalued through mass ers, there is a tax credit proposed for What we are doing is not working. using poultry waste to produce elec- production. We need a change. The first change we Mr. Speaker, I applaud my colleagues tricity. need is to recognize that airport secu- Mr. Speaker, this is not economic in the House for their hard work ear- rity is a Federal responsibility. Now, stimulus; it is pork barrel spending. We lier this year in passing the Human whether they are all Federal employees need real economic stimulus. Cloning Prohibition Act. But now is or not is not the point, but it is a Fed- not the time to rest. Now is the time to f eral responsibility. continue our work and urge our Senate CONGRESS MUST MOVE QUICKLY The other body needs to stop colleagues to listen to the voice of the TO SAFEGUARD AIRLINE SECU- stonewalling and negotiate in good American people and to vote to ban RITY faith and get us an airport security bill human cloning. (Ms. WATSON of California asked today. The American public is losing Mr. Speaker, I am proud of the Sen- and was given permission to address its patience. ate’s compromise to bring this bill to the House for 1 minute and to revise f the floor in a few months. Unfortu- nately, the time line for cloning and extend her remarks.) ANNOUNCEMENT BY THE SPEAKER Ms. WATSON of California. Mr. science is set to outpace our own PRO TEMPORE Speaker, our airline industry is vital to schedule. Therefore, I urge my Senate col- America’s economic health. Our air- The SPEAKER pro tempore. The leagues to act now to bring this bill to lines not only employ over 1 million Chair will remind Members that they a vote and to outpace this unethical Americans, but they also provide the should not characterize actions of the misuse of science that would demean mobility upon which our modern econ- other body. nature’s work and degrade human life. omy and society is based. f In the wake of September 11, Con- f gress passed a short-term boost for the GLARING INADEQUACIES IN AIR- TRIBUTE TO MICHAEL G. McGINTY airline industry. But the only way to PORT SECURITY DEMAND FED- OF FOXBORO, MASSACHUSETTS ensure the long-term stability of our ERALIZATION OF AIRPORT SCREENERS (Mr. WATT of North Carolina asked air transport system is to reassure the and was given permission to address public that air travel is safe. (Ms. WATERS asked and was given the House for 1 minute and to revise In contrast to the speed with which permission to address the House for 1 and extend his remarks.) this Congress enacted the $15 billion minute and to revise and extend her re- Mr. WATT of North Carolina. Mr. quick-fix for airlines, the House marks.) Speaker, on yesterday, my colleague, dragged its feet on passing an airline Ms. WATERS. Mr. Speaker, the gen- the gentlewoman from North Carolina security bill. tleman from Texas (Mr. DELAY) and (Mrs. MYRICK), and I announced, in the This week, another aircraft accident too many Republicans are holding the midst of all of the important other has caused further alarm for the flying airline security bill hostage. They agendas that are going on in the House, public. While there is no reason to be- refuse to federalize airport screeners. an effort to pay tribute to all of the lieve terrorism was involved, Ameri- September 11 revealed the glaring in- people who were killed in the Sep- cans need assurances that air travel is adequacies in airline security. Since tember 11 disaster. safe. September 11, a passenger entered the Today I rise to pay tribute to Mi- Mr. Speaker, please urge the con- cockpit of an airplane and attempted chael G. McGinty, who, during his life ferees to finish their work this week to attack the pilot. In another well- in an Air Force family, moved many and give us an aviation security bill publicized incident, a passenger was al- times. So when he and his wife, Cyn- that, like the original Senate version, lowed to get past screeners with seven thia, bought their first home in Fox- can be passed unanimously into law. knives, a can of Mace and a stun gun. boro, Massachusetts, he put down

VerDate 06-NOV-2001 22:44 Nov 15, 2001 Jkt 099060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K15NO7.007 pfrm02 PsN: H15PT1 November 15, 2001 CONGRESSIONAL RECORD — HOUSE H8187 roots, planted flowers to attract birds words of our colleague from Ohio, minute and to revise and extend his re- and butterflies, and became chairman ‘‘Beam us all up. Have we totally lost marks.) of the deacons at Bethany Congrega- it? Have we learned nothing from the Mr. DINGELL. Mr. Speaker, it is tional Church. events of September 11?’’ I find it in- highly appropriate that we welcome But his great joy in life was being the credible that negotiation for this bill Imam Yahya Hendi. This body rep- father of David and Daniel. Ms. have dragged on this long. resents all Americans, and it is ex- McGinty says, ‘‘I’m the one who would There is no compromise when it tremely appropriate, then, that we say it was time to do homework, but he comes to the security of our aviation should welcome the Imam today to would come and make it fun and system. The status quo has failed us, help celebrate the commencement of games.’’ and continues to fail us every day. We the holy month of Ramadan, which is The night before Mr. McGinty left for must do away with private security set to begin tomorrow. his meeting at the World Trade Tower, firms at these checkpoints and imple- Islam is not only one of the world’s he and his wife had a great conversa- ment the federalization of our airport great religions, but it is one of the tion where everything clicked, and security apparatus immediately. great American religions. American they felt really good about their family This country has suffered enough, Muslims have immigrated to this coun- and children. She said, ‘‘I am so glad and we have an obligation to protect try from all corners of the globe, and in that the last conversation we had was each and every one of our citizens. We all parts of the United States Muslims a really good one.’’ must do that today. are valued, integral members of our I pay tribute to Michael McGinty f communities. today. It is an honor for me to represent the f ANNOUNCEMENT BY THE SPEAKER largest Arab American community in PRO TEMPORE the United States. As Ramadan begins, TRADE PROMOTION AUTHORITY The SPEAKER pro tempore (Mr. I extend my personal greetings to all (Mr. PITTS asked and was given per- HANSEN). With reference to a previous Muslim Americans, particularly my mission to address the House for 1 speaker, the Chair reiterates that friends and constituents in Michigan’s minute and to revise and extend his re- Members should not urge action by the 16th District. marks.) other body. Mr. Speaker, I also send best wishes Mr. PITTS. Mr. Speaker, I rise to dis- to our Muslim friends and allies in the cuss the issue of trade promotion au- f Middle East and South Asia, as well as thority today. TRADE Muslims in all corners of the world. To The benefits of international trade our allies in the Islamic world, I would (Mr. LINDER asked and was given have been clear for decades. Trade fos- also like to express my gratitude for permission to address the House for 1 ters not only economic growth, but their friendship, particularly at this minute and to revise and extend his re- also the growth of free and democratic difficult time. As President Bush has marks.) societies around the world. As the most pointed out, the United States is not at Mr. LINDER. Mr. Speaker, as Ameri- prosperous Nation in the world, we un- war with Islam. We are at war with ter- cans struggle with economic uncer- derstand the importance of expanding rorism. tainty, Congress seeks to stimulate our trade, and expanding trade helps spread Mr. Speaker, some of what has been stalled economy and create new jobs. our values overseas. said over the last couple of months has However, I daresay that many of my It is not a coincidence that many of painted a highly inaccurate picture of colleagues have overlooked one of the the economies most engaged in trade Islam. Islam is not a religion of divi- most consistent and dependable solu- have also pursued political freedom. sion and intolerance, but rather, a reli- tions available, one that Congress has South Korea, Taiwan, and Mexico are gion which values diversity and under- the ability to foster: Trade. just three examples. If economic isola- standing. It is, above all else, a religion Recent studies have found that if tion were the answer, then Cuba and of peace and progress. North Korea would be among the global trade barriers were cut by one- Americans must not tolerate injus- wealthiest and most prosperous coun- third, the world economy would in- tices committed out of ignorance tries in the world. crease by more than $600 billion a year. against any group of Americans, par- Now more than ever the U.S. has a Eliminating trade barriers altogether ticularly against Muslim Americans, moral obligation to lead the fight for would increase the global economy by who share with us the horror of the democracy around the world. Free nearly $2 trillion. events of September 11, which to them trade offers one of the best ways to The infusion of this much capital are particularly offensive because the promote a democratic society. We into the world market would serve as Muslim community feels it is grossly must lead by example. Support trade an engine of economic growth and im- improper that the perpetrators ex- promotion authority. prove the standard of living for all pressly attempted to use that faith as Americans. f an excuse for a horrible crime. Also, it would be unwise to ignore In this month of introspection, faith, THE AVIATION SECURITY BILL the fact that, since 1990, more than 20 prayer, and cleansing, I again wish to (Mr. CROWLEY asked and was given million new jobs have been created in relay my greetings and best wishes to permission to address the House for 1 the United States. the Muslims in southeast Michigan and minute and to revise and extend his re- It is not merely coincidental that in the United States, as well as all the marks.) this increase corresponds to the enact- Muslims in the world. ment of trade agreements such as Mr. CROWLEY. Mr. Speaker, over f the last 2 months we have seen reports NAFTA and GATT. In fact, trade has of knives, guns, mace, and stun guns stimulated job creation, resulting not IN HONOR OF TUBBY RAYMOND’S slip past keystone cop security guards only in new jobs, but in higher wages 300TH WIN at our Nation’s airports, and still the in those jobs supported by exports. (Mr. CASTLE asked and was given GOP defends the third-rate rent-a-cops As we seek to alleviate economic permission to address the House for 1 at our airports. hardship, the U.S. must look beyond minute and to revise and extend his re- Two days ago, one of the airport our borders to increase interaction marks.) screeners at Logan Airport in Boston with our trading partners, and Con- Mr. CASTLE. Mr. Speaker, I rise who was tasked with protecting the gress can facilitate this by supporting today to honor and pay tribute to a traveling public left her checkpoint un- trade promotion authority. football legend, the great Harold Tubby attended for 4 minutes while pas- f Raymond, head coach of the University sengers gained unfettered access to the of Delaware Fighting Blue Hens. gate area. RAMADAN GREETING A lover of sports since he was a kid, There have been over 90 breaches of (Mr. DINGELL asked and was given Tubby played football and baseball in security since September 11. In the permission to address the House for 1 college. Unable to hit the curve ball,

VerDate 06-NOV-2001 22:44 Nov 15, 2001 Jkt 099060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K15NO7.011 pfrm02 PsN: H15PT1 H8188 CONGRESSIONAL RECORD — HOUSE November 15, 2001 Tubby realized early on that his future TRADE PROMOTION AUTHORITY treme poverty, and high infant mor- was in coaching, and what a future he FOR PRESIDENT BUSH tality rates. has had. Tubby won his 300th game on (Mr. DREIER asked and was given We must address this injustice. The Saturday, November 10, 2001. He be- permission to address the House for 1 people of Haiti need our support. Our came one of only nine elite coaches to minute and to revise and extend her re- country can help alleviate human suf- win so many games. marks.) fering in this country in the Western Most importantly, Tubby won them Mr. DREIER. Mr. Speaker, virtually Hemisphere. We must release these ap- all at the University of Delaware. every Member of Congress is talking proved loans. They are not grants, Three national championships, 14 Lam- about the need for us to turn around mind you, but they are loans to Haiti. bert Cups, four NAAC Coach of the the economic challenges that we have f Year awards, and 300 wins, all earned faced leading up to September 11, and b 1045 doing something he loves: Coaching the situation which certainly was exac- NOT ENOUGH DISASTER RELIEF young men to be extraordinary football erbated with what took place on Sep- players. tember 11. (Mrs. MALONEY of New York asked Tubby Raymond is more than your We have right now an effort going on and was given permission to address average football coach. Revered and re- to put together an economic security the House for 1 minute and to revise spected by his peers, Tubby’s name is bill which deals with putting in place and extend her remarks.) synonymous with Bear Bryant, Joe both spending, opportunities to help Mrs. MALONEY of New York. Mr. Paterno, Eddie Robinson, and so many those who are at the lower end of the Speaker, after the September 11 at- other football legends. economic spectrum, and also tax reduc- tacks, the administration told us it What many people do not know is tions, which are designed to encourage would do whatever it takes to help New that he is also an accomplished artist economic growth. York recover. Forty billion dollars was who paints portraits of senior players I think it is important for us to note quickly approved, $20 billion to fight each week. What began as fun many that as we look towards job creation terrorism and $20 billion for disaster years ago has turned into a tradition and economic growth, one of the most relief primarily for New York. cherished by his players, while pro- important things that this institution Well, yesterday, the Committee on viding Tubby with a great escape. can do is to create an opportunity for Appropriations allocated that $40 bil- Predictable as ever, upon winning his President Bush and his team to go out lion and New York got less than $10 bil- 300th game, Tubby Raymond gave the and pry open new markets for U.S. lion. credit to his players, coaches, and fans goods and services throughout the Now we want to know, what will it who supported the Blue Hens during world. take for New York to get its fair share? his 35-year career. It is very apparent that within this Will it take a mass exodus from the A great friend to all Delawareans, I hemisphere, every single one of the city? Because people and businesses are want to join with his family, friends, democratically elected leaders is com- making decisions to stay or go right and the football community in con- mitted to our goal of establishing a now and New York’s future hangs in gratulating Tubby and wishing him a Free Trade Area of the Americas. Their the balance. belated 74th birthday, and many more goal is to have this done by 2005. Some We are told that we will get the wins. of the countries would like to move it money eventually. I want to congratu- late two of my Republican colleagues, f up even quicker. But Mr. Speaker, unless we grant the the gentleman from New York (Mr. THE HIV AIDS CRISIS IN HAITI President trade promotion authority, WALSH) and the gentleman from New York (Mr. SWEENEY), for their courage (Mrs. MEEK of Florida asked and was the ability to put together that very important Free Trade Area of the in saying eventually is not soon given permission to address the House enough. That money was allocated for for 1 minute and to revise and extend Americas and other agreements would be greatly diminished. this year. Now we have to go and hunt her remarks.) for it somewhere else. Mrs. MEEK of Florida. Mr. Speaker, We will, in the not too distant future, be facing an opportunity to do some- New York is one of the economic cen- according to the World Bank, more ters of America and it should not take than half a million people are living thing that will create jobs, help the workers in this country, and encourage this much trouble for America to give with HIV/AIDS in the Caribbean re- New York help. gion, and the prevalence among adults economic growth, so I hope very much 15 to 49 has reached 2 percent. that, in a bipartisan way, our col- f In Haiti, the situation is dramati- leagues will join in support of trade HUMANITARIAN CRISIS IN HAITI cally worse. Estimates reach as high as promotion authority. (Mrs. CHRISTENSEN asked and was 12 percent of the urban population, and f given permission to address the House 5 percent for the rural population. We for 1 minute and to revise and extend HAITI AND FUNDING FROM THE must speak very strongly for Haiti. We her remarks.) INTER-AMERICAN DEVELOPMENT must speak very strongly against this Mrs. CHRISTENSEN. Mr. Speaker, I BANK HIV epidemic or pandemic that is rise to speak of humanitarian crisis, going across our world. (Ms. LEE asked and was given per- not half a world away in Afghanistan, The epidemic has spread beyond the mission to address the House for 1 but in our own hemispheric neighbor- high-risk population to the general minute and to revise and extend her re- hood of Haiti. population. Mr. Speaker, a regional marks.) Mr. Speaker, airline security, the strategic plan is in place to reduce the Ms. LEE. Mr. Speaker, I rise to urge economy and the war have our full at- spread and impact of the epidemic in the United States to lift its block on tention, and rightfully so, but closer to Haiti and throughout the Caribbean, approved loans by the Inter-American us in Haiti, the last election has been but Haiti desperately needs the finan- Development Bank to Haiti. hopelessly deadlocked with no resolu- cial support of the United States, the Haiti is now in the midst of a polit- tion in sight. World Bank, and the international ical impasse that began months after To compound the problem, because of community to implement it. the May, 2000 elections, and has be- the opposition of some to the outcome I have yet to understand why the come a national crisis. The United of those elections, our country and United States is holding up its aid to States has since blocked foreign assist- international financial institutions Haiti. Mr. Speaker, Haiti has made ance, as well as international financial which hold the lifeline of aid dollars to considerable progress politically. It has institutions’ funding for Haiti. this struggling democracy have now met virtually all of the conditions Meanwhile, a severe humanitarian blocked the release of loans to Haiti. established by the United States. disaster looms large over the popu- This has created a crippling effect of I appeal to the Congress to press for lation of 8 million people, including a economic consequences where the poor- relief for Haiti. devastating HIV/AIDS pandemic, ex- est country in our hemisphere cannot

VerDate 06-NOV-2001 22:44 Nov 15, 2001 Jkt 099060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K15NO7.014 pfrm02 PsN: H15PT1 November 15, 2001 CONGRESSIONAL RECORD — HOUSE H8189 meet its financial obligations and food, The SPEAKER pro tempore. The gen- and sometimes costly task, and current medicine and life itself have been hung tlewoman from Ohio (Ms. PRYCE) is law is keeping them from getting the in the balance for 8 million people. recognized for 1 hour. direction that they need. Let us not make the same mistake Ms. PRYCE of Ohio. Mr. Speaker, for Back home, I know many young peo- and ignore another country’s turmoil, the purpose of debate only, I yield the ple who are in their early careers or until a disaster too great for the imagi- customary 30 minutes to the gen- newly married. I see them and their nation or easy recovery unfolds. tleman from Texas (Mr. FROST), pend- spouses trying to understand today’s The people of Haiti need food, medi- ing which I yield myself such time as I complex financial reality. And these cine and funds to combat an HIV infec- may consume. During consideration of are smart kids. They know that you tion rate of 4 percent of the population, this resolution, all time yielded is for can never be too young to begin plan- an infant mortality rate of 74 deaths the purpose of debate only. ning for your future. But with a future out of every 1,000 babies born and to Mr. Speaker, House Resolution 288 is that involves starting a family, pur- improve their quality of life. an appropriate but fair rule providing chasing a home and a car, planning for Mr. Speaker, the people of Haiti have for the consideration of H.R. 2269, the children’s educational needs, under- voted and they know who they want to Retirement Security Advice Act of standing investments for retirement is govern them. Let us respect that and 2001, and it is consistent with previous just one more difficult piece of a very allow the dollars for food and medicine rules that our committee has reported complicated puzzle. to flow. and the House has adopted on bills af- Everyone who enters the workforce f fecting tax policy. has dreams of one day returning to This rule provides for 100 minutes of full-time private life. Some dream of a LAYING ON THE TABLE HOUSE general debate in the House with 60 house on the shore or a ranch out west. RESOLUTIONS 179, 182, 217, 220, 236, minutes equally divided and controlled Others dreams are more modest, a 237, 258, 267 AND 268 by the gentleman from Ohio (Chairman small home close to family and friends. Ms. PRYCE of Ohio. Mr. Speaker, I BOEHNER) and the ranking member of But the common theme of all retire- ask unanimous consent to lay on the the Committee on Education and the ment dreams is security, comfort and a table House Resolutions 179, 182, 217, Workforce, the gentleman from Cali- small reward for a lifetime’s work. 220, 236, 237, 258, 267 and 268. fornia (Mr. GEORGE MILLER). The re- Planning for retirement today is not The SPEAKER pro tempore (Mr. maining 40 minutes are equally divided like it was when our mothers and fa- HANSEN). Is there objection to the re- between the gentleman from California thers and even some of us were new to quest of the gentlewoman from Ohio? (Mr. THOMAS) and the ranking minority the workforce. Retirement planning There was no objection. member of the Committee on Ways and does not simply involve Social Secu- f Means, the gentleman from New York rity and a savings accounts. Today’s (Mr. RANGEL). retirement planning requires an under- RETIREMENT SECURITY ADVICE In lieu of the amendments rec- standing of the many investment op- ACT OF 2001 ommended by the Committee on Edu- tions and their attendant risk and ben- Ms. PRYCE of Ohio. Mr. Speaker, by cation and the Workforce and the Com- efits. direction of the Committee on Rules, I mittee on Ways and Means, the amend- To be sure, planning for the future call up House Resolution 288 and ask ment printed in Part A of the Com- through investment is a welcome as- for its immediate consideration. mittee on Rules report accompanying pect of our country’s financial progress The Clerk read the resolution, as fol- this resolution shall be considered as and the continued expansion of options lows: adopted. for American workers. But we would be H. RES. 288 I would simply note for my col- remiss if we did not make sure that the Resolved, That upon the adoption of this leagues that this Part A amendment law kept up with these widening op- resolution it shall be in order without inter- combines the provisions reported by tions. vention of any point of order to consider in the respective committees into one We must recognize that with the the House the bill (H.R. 2269) to amend title amendment. After general debate, it wealth of investment options available I of the Employee Retirement Income Secu- will be in order to consider only the to workers, there must also be options rity Act of 1974 and the Internal Revenue substitute amendment offered by the for advice and direction. Workers need Code of 1986 to promote the provision of re- tirement investment advice to workers man- gentleman from California (Mr. access to sound advice to help them aging their retirement income assets. The GEORGE MILLER) or his designee, print- maximize their retirement security as bill shall be considered as read for amend- ed in Part B of the Committee on Rules well as minimize their risk. ment. In lieu of the amendments rec- report and is debatable for 1 hour. H.R. 2269, the Retirement Security ommended by the Committee on Education Finally, the rule permits the minor- Advice Act responds to this need and and the Workforce and the Committee on ity to offer a motion to recommit, with provides Americans with access to this Ways and Means now printed in the bill, the or without instructions. help. amendment in the nature of a substitute The resume waives all points of order It allows employers to provide their printed in part A of the report of the Com- against consideration of the bill as workers with access to high quality, mittee on Rules accompanying this resolu- tion shall be considered as adopted. The pre- amended, as well as the amendment in professional investment advice. It re- vious question shall be considered as ordered the nature of a substitute. tains critical safeguards and includes on the bill, as amended, and on any further Mr. Speaker, today in America more new protections to ensure that partici- amendment thereto to final passage without and more working men and women are pants will receive advice solely in their intervening motion except: (1) one hour and investing. We are no longer living in a best interests. 40 minutes of debate on the bill, as amended, world where only the richest Ameri- Advice will be provided by fiduciary with one hour equally divided and controlled cans participate in the stock market. advisors who will be personally liable by the chairman and ranking minority mem- Today’s workers are using worker-di- for failure to act solely in the interest ber of the Committee on Education and the Workforce and 40 minutes equally divided rected or 401(k)-type plans to manage of a worker and subject to both crimi- and controlled by the chairman and ranking and grow their retirement funds. In nal and civil sanctions through the De- minority member of the Committee on Ways fact, it is estimated that some 43 mil- partment of Labor for any breach of and Means; (2) the further amendment print- lion workers are, in part, managing their fiduciary duty. It is also impor- ed in part B of the report of the Committee nearly $1.5 trillion dollars in assets tant to note that all existing securities on Rules, if offered by Representative George through defined contribution plans. and State insurance protections will Miller of California or his designee, which Unfortunately, current law does not continue to apply as well. shall be in order without intervention of any reflect the new world that we live in. H.R. 2269 also includes a strict, plain- point of order, shall be considered as read, For the average worker trying to get language disclosure requirement to in- and shall be separately debatable for one hour equally divided and controlled by the ahead, raising a family or simply pur- form participants about any and all po- proponent and an opponent; and (3) one mo- suing the American dream in any way tential fees or possible conflicts of in- tion to recommit with or without instruc- they choose, managing their retire- terest when advice is first given. Fi- tions. ment funds can be a daunting, difficult nally, it works to educate and empower

VerDate 06-NOV-2001 22:44 Nov 15, 2001 Jkt 099060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K15NO7.016 pfrm02 PsN: H15PT1 H8190 CONGRESSIONAL RECORD — HOUSE November 15, 2001 workers who have full control over b 1100 affiliates thereof in such security or other their investment decisions and help to property, Mr. BOEHNER. Mr. Speaker, pursu- ‘‘(iii) any limitation placed on the scope of close the investment advice gap. ant to House Resolution 288, I call up Mr. Speaker, like President Bush, I the investment advice to be provided by the the bill (H.R. 2269) to amend title 1 of fiduciary adviser with respect to any such too trust Americans to manage their the Employee Retirement Income Se- sale or acquisition, and own money. Indeed, everyone should be curity Act of 1974 and the Internal Rev- ‘‘(iv) the types of services offered by the fi- a part owner in the American dream. enue Code of 1986 to promote the provi- duciary advisor in connection with the provi- This legislation will finally allow em- sion of retirement investment advice sion of investment advice by the fiduciary ployers to sponsor investment advice to workers managing their retirement adviser, ‘‘(B) in the case of the initial or any subse- for their workers and empower them to income assets, and ask for its imme- make decisions based on solid and ex- quent provision of such advice to such plan, diate consideration. participant, or beneficiary, the fiduciary ad- perienced judgment. Today’s workers The Clerk read the title of the bill. viser, throughout the 1-year period following have more choices for their future. Let The SPEAKER pro tempore (Mr. the provision of such advice, maintains the us make sure they have the tools to HANSEN). Pursuant to House Resolu- information described in clauses (i) through know which choice is best for them. tion 288, the bill is considered read for (iv) of subparagraph (A) in currently accu- Mr. Speaker, I urge all my colleagues amendment. rate form for availability, upon request and to support this rule and the underlying The text of H.R. 2269 is as follow: without charge, to the recipient of such ad- vice, legislation. H.R. 2269 Mr. Speaker, I reserve the balance of ‘‘(C) the fiduciary adviser provides appro- Be it enacted by the Senate and House of Rep- priate disclosure, in connection with any my time. resentatives of the United States of America in such acquisition or sale, in accordance with Mr. FROST. Mr. Speaker, I yield my- Congress assembled, all applicable securities laws, self such time as I may consume. SECTION 1. SHORT TITLE. ‘‘(D) such acquisition or sale occurs solely (Mr. FROST asked and was given per- This Act may be cited as the ‘‘Retirement at the direction of the recipient of such ad- mission to revise and extend his re- Security Advice Act of 2001’’. vice, marks.) SEC. 2. PROHIBITED TRANSACTION EXEMPTION ‘‘(E) the compensation received by the fi- FOR THE PROVISION OF INVEST- duciary adviser and affiliates thereof in con- Mr. FROST. Mr. Speaker, I yield my- MENT ADVICE. self such time as I may consume, and nection with such acquisition or sale is rea- (a) AMENDMENTS TO THE EMPLOYEE RETIRE- sonable, and thank my colleague, the gentlewoman MENT INCOME SECURITY ACT OF 1974.— ‘‘(F) the terms of such acquisition or sale from Ohio (Ms. PRYCE) for yielding me (1) IN GENERAL.—Section 408(b) of the Em- are at least as favorable to such plan as an the customary 30 minutes. ployee Retirement Income Security Act of arm’s length transaction would be. Mr. Speaker, both the underlying bill 1974 (29 U.S.C. 1108(b)) is amended by adding ‘‘(2) A fiduciary adviser referred to in para- and the Democratic substitute address at the end the following new paragraph: graph (1) who has provided advice referred to an issue of great importance to the ‘‘(14) If the requirements of subsection (g) in such paragraph shall, for a period of not are met— less than 6 years after the provision of such millions of Americans who will depend ‘‘(A) the provision of investment advice re- advice, maintain any records necessary for upon participant-directed pension ac- ferred to in section 3(21)(A)(ii) provided by a determining whether the requirements of the counts for their retirement income. fiduciary adviser (as defined in subsection preceding provisions of this subsection and Nowadays, fewer and fewer employ- (g)(4)(A)) to an employee benefit plan or to a of subsection (b)(14) have been met. A trans- ees have traditional pension plans. participant or beneficiary of an employee action prohibited under section 406 shall not That means that more and more will benefit plan, be considered to have occurred solely be- depend heavily on investments for ‘‘(B) the sale, acquisition, or holding of se- cause the records are lost or destroyed prior to the end of the 6-year period due to cir- their retirement income. Currently, ap- curities or other property (including any lending of money or other extension of credit cumstances beyond the control of the fidu- proximately 42 million workers partici- associated with the sale, acquisition, or ciary adviser. pate in such accounts. holding of securities or other property) pur- ‘‘(3)(A) Subject to subparagraph (B), a plan It is very important that these work- suant to such investment advice, and sponsor or other person who is a fiduciary ers have access to sound financial plan- ‘‘(C) the direct or indirect receipt of fees or shall not be treated as failing to meet the re- ning and advice to help them make the other compensation by the fiduciary adviser quirements of this part solely by reason of the provision of investment advice referred most of their investments. It is also or an affiliate thereof (or any employee, agent, or registered representative of the fi- to in section 3(21)(A)(ii) (or solely by reason critical that the advice they receive is of contracting for or otherwise arranging for unbiased and in their best interests, duciary adviser or affiliate) in connection with the provision of such investment ad- the provision of such investment advice), if— not for the benefit of the advisor or vice.’’. ‘‘(i) such advice is provided by a fiduciary counselor or the businesses they rep- (2) REQUIREMENTS.—Section 408 of such Act adviser pursuant to an arrangement between resent. is amended further by adding at the end the such plan sponsor or other fiduciary and The Democratic substitute makes following new subsection: such fiduciary adviser for the provision by important improvements in the under- ‘‘(g)(1) The requirements of this subsection such fiduciary adviser of investment advice referred to in such section, and lying bill. Specifically, the Andrews- are met in connection with the provision of advice referred to in section 3(21)(A)(ii), pro- ‘‘(ii) the terms of such arrangement re- Rangel substitute allows employees to quire compliance by the fiduciary adviser receive investment advice and edu- vided to an employee benefit plan or a par- ticipant or beneficiary of an employee ben- with the requirements of this subsection. cation from their employers, while still efit plan by a fiduciary adviser with respect ‘‘(B) Nothing in subparagraph (A) shall be being protected from conflicts of inter- to such plan, in connection with any sale or construed to exempt a plan sponsor or other est and unqualified investment advi- acquisition of a security or other property person who is a fiduciary from any require- ment of this part for the prudent selection sors. for purposes of investment of amounts held and periodic review of a fiduciary adviser by such plan, if— The rule provides an hour and 40 min- with whom the plan sponsor or other person ‘‘(A) in the case of the initial provision of utes of debate on the bill and another enters into an arrangement for the provision such advice with regard to a security or hour on the substitute. Let us pass this of advice referred to in section 3(21)(A)(ii). rule so we may get on with the debate other property, by such fiduciary adviser to Such plan sponsor or other person who is a such plan, participant, or beneficiary, the fi- of this issue of importance to the fiduciary has no duty under this part to duciary adviser provides to the recipient of monitor the specific investment advice given American worker. such advice, at the time of or before the ini- Mr. Speaker, I have no further speak- by the fiduciary adviser to any particular re- tial provision of such advice, a clear and con- cipient of such advice. ers, and I yield back the balance of my spicuous description, in writing (including ‘‘(C) Nothing in this part shall be con- time. by means of electronic communication), of— strued to preclude the use of plan assets to Ms. PRYCE of Ohio. Mr. Speaker, I ‘‘(i) all fees or other compensation relating pay for reasonable expenses in providing in- yield back the balance of my time, and to such advice that the fiduciary adviser or vestment advice referred to in section I move the previous question on the any affiliate thereof is to receive (including 3(21)(A)(ii). compensation provided by any third party) ‘‘(4) For purposes of this subsection and resolution. in connection with the provision of such ad- subsection (b)(14)— The previous question was ordered. vice or in connection with such acquisition ‘‘(A) The term ‘fiduciary adviser’ means, The resolution was agreed to. or sale, with respect to a plan, a person who is a fi- A motion to reconsider was laid on ‘‘(ii) any material affiliation or contrac- duciary of the plan by reason of the provi- the table. tual relationship of the fiduciary adviser or sion of investment advice by such person to

VerDate 06-NOV-2001 23:48 Nov 15, 2001 Jkt 099060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K15NO7.017 pfrm02 PsN: H15PT1 November 15, 2001 CONGRESSIONAL RECORD — HOUSE H8191 the plan or to a participant or beneficiary compensation provided by any third party) 78c(a)(18)) or section 202(a)(17) of the Invest- and who is— in connection with the provision of such ad- ment Advisers Act of 1940 (15 U.S.C. 80b– ‘‘(i) registered as an investment adviser vice or in connection with such acquisition 2(a)(17)).’’. under the Investment Advisers Act of 1940 (15 or sale, SEC. 3. EFFECTIVE DATE. U.S.C. 80b–1 et seq.) or under the laws of the ‘‘(II) any material affiliation or contrac- The amendments made by this Act shall State in which the fiduciary maintains its tual relationship of the fiduciary adviser or apply with respect to advice referred to in principal office and place of business, affiliates thereof in such security or other section 3(21)(A)(ii) of the Employee Retire- ‘‘(ii) a bank or similar financial institution property, ment Income Security Act of 1974 or section referred to in section 408(b)(4), ‘‘(III) any limitation placed on the scope of 4975(e)(3)(B) of the Internal Revenue Code of ‘‘(iii) an insurance company qualified to do the investment advice to be provided by the 1986 provided on or after January 1, 2002. business under the laws of a State, fiduciary adviser with respect to any such The SPEAKER pro tempore. In lieu ‘‘(iv) a person registered as a broker or sale or acquisition, and dealer under the Securities Exchange Act of ‘‘(IV) the types of services offered by the fi- of the amendments recommended by 1934 (15 U.S.C. 78a et seq.), duciary advisor in connection with the provi- the Committees on Education and the ‘‘(v) an affiliate of a person described in sion of investment advice by the fiduciary Workforce and Ways and Means printed any of clauses (i) through (iv), or adviser, in the bill, the amendment in the na- ‘‘(vi) an employee, agent, or registered rep- ‘‘(ii) in the case of the initial or any subse- ture of a substitute printed in part A of resentative of a person described in any of quent provision of such advice to such plan, House Report 107–289 is adopted. clauses (i) through (v). participant, or beneficiary, the fiduciary ad- The text of H.R. 2269, as amended ‘‘(B) The term ‘affiliate’ means an affili- viser, throughout the 1-year period following pursuant to House Resolution 288, is as ated person, as defined in section 2(a)(3) of the provision of such advice, maintains the the Investment Company Act of 1940 (15 information described in subclauses (I) follows: U.S.C. 80a–2(a)(3)). through (IV) of clause (i) in currently accu- SECTION 1. SHORT TITLE. ‘‘(C) The term ‘registered representative’ rate form for availability, upon request and This Act may be cited as the ‘‘Retirement means a person described in section 3(a)(18) without charge, to the recipient of such ad- Security Advice Act of 2001’’. of the Securities Exchange Act of 1934 (15 vice, SEC. 2. PROHIBITED TRANSACTION EXEMPTION U.S.C. 78c(a)(18)) or section 202(a)(17) of the ‘‘(iii) the fiduciary adviser provides appro- FOR THE PROVISION OF INVEST- Investment Advisers Act of 1940 (15 U.S.C. priate disclosure, in connection with any MENT ADVICE. 80b–2(a)(17)).’’. such acquisition or sale, in accordance with (a) AMENDMENTS TO THE EMPLOYEE RETIRE- (b) AMENDMENTS TO THE INTERNAL REVENUE all applicable securities laws, MENT INCOME SECURITY ACT OF 1974.— CODE OF 1986.— ‘‘(iv) such acquisition or sale occurs solely (1) EXEMPTION FROM PROHIBITED TRANS- (1) IN GENERAL.—Subsection (d) of section at the discretion of the recipient of such ad- ACTIONS.—Section 408(b) of the Employee Re- 4975 of the Internal Revenue Code of 1986 (re- vice, tirement Income Security Act of 1974 (29 lating to exemptions from tax on prohibited ‘‘(v) the compensation received by the fidu- U.S.C. 1108(b)) is amended by adding at the transactions) is amended— ciary adviser and affiliates thereof in con- end the following new paragraph: (A) in paragraph (14), by striking ‘‘or’’ at nection with such acquisition or sale is rea- ‘‘(14)(A) Any transaction described in sub- the end; sonable, and paragraph (B) in connection with the provi- (B) in paragraph (15), by striking the pe- ‘‘(vi) the terms of such acquisition or sale sion of investment advice described in sec- riod at the end and inserting ‘‘;or’’; and are at least as favorable to such plan as an tion 3(21)(A)(ii), in any case in which— (C) by adding at the end the following new arm’s length transaction would be. ‘‘(i) the investment of assets of the plan is paragraph: ‘‘(B) MAINTENANCE OF RECORDS.—A fidu- subject to the direction of plan participants ‘‘(16) If the requirements of subsection ciary adviser referred to in subparagraph (A) or beneficiaries, (f)(7) are met— who has provided advice referred to in such ‘‘(ii) the advice is provided to the plan or a ‘‘(A) the provision of investment advice re- subparagraph shall, for a period of not less participant or beneficiary of the plan by a fi- ferred to in subsection (e)(3)(B) provided by a than 6 years after the provision of such ad- duciary adviser in connection with any sale, fiduciary adviser (as defined in subsection vice, maintain any records necessary for de- acquisition, or holding of a security or other (f)(7)(C)(i)) to a plan or to a participant or termining whether the requirements of the property for purposes of investment of plan beneficiary of a plan, preceding provisions of this subsection and assets, and ‘‘(B) the sale, acquisition, or holding of se- of subsection (d)(16) have been met. A prohib- ‘‘(iii) the requirements of subsection (g) curities or other property (including any ex- ited transaction described in subsection are met in connection with the provision of tension of credit associated with the sale, ac- (c)(1) shall not be considered to have oc- the advice. quisition, or holding of securities or other curred solely because the records are lost or ‘‘(B) The transactions described in this property) pursuant to such investment ad- destroyed prior to the end of the 6-year pe- subparagraph are the following: vice, and riod due to circumstances beyond the control ‘‘(i) the provision of the advice to the plan, ‘‘(C) the direct or indirect receipt of fees or of the fiduciary adviser. participant, or beneficiary; other compensation by the fiduciary adviser ‘‘(C) DEFINITIONS.—For purposes of this ‘‘(ii) the sale, acquisition, or holding of a or an affiliate thereof (or any employee, paragraph and subsection (d)(16)— security or other property (including any agent, or registered representative of the fi- ‘‘(i) FIDUCIARY ADVISER.—The term ‘fidu- lending of money or other extension of credit duciary adviser or affiliate) in connection ciary adviser’ means, with respect to a plan, associated with the sale, acquisition, or with the provision of such investment ad- a person who is a fiduciary of the plan by holding of a security or other property) pur- vice.’’. reason of the provision of investment advice suant to the advice; and (2) REQUIREMENTS.—Subsection (f) of such by such person to the plan or to a partici- ‘‘(iii) the direct or indirect receipt of fees section 4975 (relating to other definitions and pant or beneficiary and who is— or other compensation by the fiduciary ad- special rules) is amended by adding at the ‘‘(I) registered as an investment adviser viser or an affiliate thereof (or any em- end the following new paragraph: under the Investment Advisers Act of 1940 (15 ployee, agent, or registered representative of ‘‘(7) REQUIREMENTS FOR EXEMPTION FOR IN- U.S.C. 80b–1 et seq.) or under the laws of the the fiduciary adviser or affiliate) in connec- VESTMENT ADVICE PROVIDED BY FIDUCIARY AD- State in which the fiduciary maintains its tion with the provision of the advice or in VISERS.— principal office and place of business, connection with a sale, acquisition, or hold- ‘‘(A) IN GENERAL.—The requirements of ‘‘(II) a bank or similar financial institution ing of a security or other property pursuant this paragraph are met in connection with referred to in subsection (d)(4), to the advice.’’. the provision of advice referred to in sub- ‘‘(III) an insurance company qualified to do (2) REQUIREMENTS.—Section 408 of such Act section (e)(3)(B), provided to a plan or a par- business under the laws of a State, is amended further by adding at the end the ticipant or beneficiary of a plan by a fidu- ‘‘(IV) a person registered as a broker or following new subsection: ciary adviser with respect to such plan, in dealer under the Securities Exchange Act of ‘‘(g) REQUIREMENTS RELATING TO PROVISION connection with any sale or acquisition of a 1934 (15 U.S.C. 78a et seq.), OF INVESTMENT ADVICE BY FIDUCIARY ADVIS- security or other property for purposes of in- ‘‘(V) an affiliate of a person described in ERS.— vestment of amounts held by such plan, if— any of subclauses (I) through (IV), or ‘‘(1) IN GENERAL.—The requirements of this ‘‘(i) in the case of the initial provision of ‘‘(VI) an employee, agent, or registered subsection are met in connection with the such advice by such fiduciary adviser to such representative of a person described in any of provision of investment advice referred to in plan, participant, or beneficiary, the fidu- subclauses (I) through (V). section 3(21)(A)(ii), provided to an employee ciary adviser provides to the plan, partici- ‘‘(ii) AFFILIATE.—The term ‘affiliate’ benefit plan or a participant or beneficiary pant, or beneficiary, at the time of or before means an affiliated person, as defined in sec- of an employee benefit plan by a fiduciary the initial provision of such advice, a de- tion 2(a)(3) of the Investment Company Act adviser with respect to the plan in connec- scription, in writing or by means of elec- of 1940 (15 U.S.C. 80a–2(a)(3)). tion with any sale, acquisition, or holding of tronic communication, of— ‘‘(iii) REGISTERED REPRESENTATIVE.—The a security or other property for purposes of ‘‘(I) all fees or other compensation relating term ‘registered representative’ means a per- investment of amounts held by the plan, if— to such advice that the fiduciary adviser or son described in section 3(a)(18) of the Secu- ‘‘(A) in the case of the initial provision of any affiliate thereof is to receive (including rities Exchange Act of 1934 (15 U.S.C. the advice with regard to the security or

VerDate 06-NOV-2001 23:48 Nov 15, 2001 Jkt 099060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\A15NO7.003 pfrm02 PsN: H15PT1 H8192 CONGRESSIONAL RECORD — HOUSE November 15, 2001

other property by the fiduciary adviser to ‘‘(4) MAINTENANCE FOR 6 YEARS OF EVIDENCE and securities laws relating to the provision the plan, participant, or beneficiary, the fi- OF COMPLIANCE.—A fiduciary adviser referred of the advice. duciary adviser provides to the recipient of to in paragraph (1) who has provided advice ‘‘(B) AFFILIATE.—The term ‘affiliate’ of an- the advice, at a time reasonably contem- referred to in such paragraph shall, for a pe- other entity means an affiliated person of poraneous with the initial provision of the riod of not less than 6 years after the provi- the entity (as defined in section 2(a)(3) of the advice, a written notification (which may sion of the advice, maintain any records nec- Investment Company Act of 1940 (15 U.S.C. consist of notification by means of elec- essary for determining whether the require- 80a–2(a)(3))). tronic communication)— ments of the preceding provisions of this ‘‘(C) REGISTERED REPRESENTATIVE.—The ‘‘(i) of all fees or other compensation relat- subsection and of subsection (b)(14) have term ‘registered representative’ of another ing to the advice that the fiduciary adviser been met. A transaction prohibited under entity means a person described in section or any affiliate thereof is to receive (includ- section 406 shall not be considered to have 3(a)(18) of the Securities Exchange Act of ing compensation provided by any third occurred solely because the records are lost 1934 (15 U.S.C. 78c(a)(18)) (substituting the party) in connection with the provision of or destroyed prior to the end of the 6-year entity for the broker or dealer referred to in the advice or in connection with the sale, ac- period due to circumstances beyond the con- such section) or a person described in section quisition, or holding of the security or other trol of the fiduciary adviser. 202(a)(17) of the Investment Advisers Act of property, ‘‘(5) EXEMPTION FOR PLAN SPONSOR AND CER- 1940 (15 U.S.C. 80b–2(a)(17)) (substituting the ‘‘(ii) of any material affiliation or contrac- TAIN OTHER FIDUCIARIES.— entity for the investment adviser referred to tual relationship of the fiduciary adviser or ‘‘(A) IN GENERAL.—Subject to subparagraph in such section).’’. affiliates thereof in the security or other (B), a plan sponsor or other person who is a (b) AMENDMENTS TO THE INTERNAL REVENUE property, fiduciary (other than a fiduciary adviser) CODE OF 1986.— ‘‘(iii) of any limitation placed on the scope shall not be treated as failing to meet the re- (1) EXEMPTION FROM PROHIBITED TRANS- of the investment advice to be provided by quirements of this part solely by reason of ACTIONS.—Subsection (d) of section 4975 of the fiduciary adviser with respect to any the provision of investment advice referred the Internal Revenue Code of 1986 (relating such sale, acquisition, or holding of a secu- to in section 3(21)(A)(ii) (or solely by reason to exemptions from tax on prohibited trans- rity or other property, of contracting for or otherwise arranging for actions) is amended— ‘‘(iv) of the types of services provided by the provision of the advice), if— (A) in paragraph (14), by striking ‘‘or’’ at the fiduciary advisor in connection with the ‘‘(i) the advice is provided by a fiduciary the end; provision of investment advice by the fidu- adviser pursuant to an arrangement between (B) in paragraph (15), by striking the pe- ciary adviser, and the plan sponsor or other fiduciary and the ‘‘(v) that the adviser is acting as a fidu- fiduciary adviser for the provision by the fi- riod at the end and inserting ‘‘;or’’; and ciary of the plan in connection with the pro- duciary adviser of investment advice re- (C) by adding at the end the following new vision of the advice, ferred to in such section, paragraph: ‘‘(B) the fiduciary adviser provides appro- ‘‘(ii) the terms of the arrangement require ‘‘(16) any transaction described in sub- priate disclosure, in connection with the compliance by the fiduciary adviser with the section (f)(7)(A) in connection with the pro- sale, acquisition, or holding of the security requirements of this subsection, and vision of investment advice described in sub- or other property, in accordance with all ap- ‘‘(iii) the terms of the arrangement include section (e)(3)(B), in any case in which— plicable securities laws, a written acknowledgment by the fiduciary ‘‘(A) the investment of assets of the plan is ‘‘(C) the sale, acquisition, or holding oc- adviser that the fiduciary adviser is a fidu- subject to the direction of plan participants curs solely at the direction of the recipient ciary of the plan with respect to the provi- or beneficiaries, of the advice, sion of the advice. ‘‘(B) the advice is provided to the plan or a ‘‘(D) the compensation received by the fi- ‘‘(B) CONTINUED DUTY OF PRUDENT SELEC- participant or beneficiary of the plan by a fi- duciary adviser and affiliates thereof in con- TION OF ADVISER AND PERIODIC REVIEW.—Noth- duciary adviser in connection with any sale, nection with the sale, acquisition, or holding ing in subparagraph (A) shall be construed to acquisition, or holding of a security or other of the security or other property is reason- exempt a plan sponsor or other person who is property for purposes of investment of plan able, and a fiduciary from any requirement of this assets, and ‘‘(E) the terms of the sale, acquisition, or part for the prudent selection and periodic ‘‘(C) the requirements of subsection holding of the security or other property are review of a fiduciary adviser with whom the (f)(7)(B) are met in connection with the pro- at least as favorable to the plan as an arm’s plan sponsor or other person enters into an vision of the advice.’’ length transaction would be. arrangement for the provision of advice re- (2) ALLOWED TRANSACTIONS AND REQUIRE- ‘‘(2) STANDARDS FOR PRESENTATION OF IN- ferred to in section 3(21)(A)(ii). The plan MENTS.—Subsection (f) of such section 4975 FORMATION.—The notification required to be sponsor or other person who is a fiduciary (relating to other definitions and special provided to participants and beneficiaries has no duty under this part to monitor the rules) is amended by adding at the end the under paragraph (1)(A) shall be written in a specific investment advice given by the fidu- following new paragraph: clear and conspicuous manner and in a man- ciary adviser to any particular recipient of ‘‘(7) PROVISIONS RELATING TO INVESTMENT ner calculated to be understood by the aver- the advice. ADVICE PROVIDED BY FIDUCIARY ADVISERS.— age plan participant and shall be sufficiently ‘‘(C) AVAILABILITY OF PLAN ASSETS FOR PAY- ‘‘(A) TRANSACTIONS ALLOWABLE IN CONNEC- accurate and comprehensive to reasonably MENT FOR ADVICE.—Nothing in this part shall TION WITH INVESTMENT ADVICE PROVIDED BY apprise such participants and beneficiaries of be construed to preclude the use of plan as- FIDUCIARY ADVISERS.—The transactions re- the information required to be provided in sets to pay for reasonable expenses in pro- ferred to in subsection (d)(16), in connection the notification. viding investment advice referred to in sec- with the provision of investment advice by a ‘‘(3) EXEMPTION CONDITIONED ON CONTINUED tion 3(21)(A)(ii). fiduciary adviser, are the following: AVAILABILITY OF REQUIRED INFORMATION ON ‘‘(6) DEFINITIONS.—For purposes of this sub- ‘‘(i) the provision of the advice to the plan, REQUEST FOR 1 YEAR.—The requirements of section and subsection (b)(14)— participant, or beneficiary; paragraph (1)(A) shall be deemed not to have ‘‘(A) FIDUCIARY ADVISER.—The term ‘fidu- ‘‘(ii) the sale, acquisition, or holding of a been met in connection with the initial or ciary adviser’ means, with respect to a plan, security or other property (including any any subsequent provision of advice described a person who is a fiduciary of the plan by lending of money or other extension of credit in paragraph (1) to the plan, participant, or reason of the provision of investment advice associated with the sale, acquisition, or beneficiary if, at any time during the provi- by the person to the plan or to a participant holding of a security or other property) pur- sion of advisory services to the plan, partici- or beneficiary and who is— suant to the advice; and pant, or beneficiary, the fiduciary adviser ‘‘(i) registered as an investment adviser ‘‘(iii) the direct or indirect receipt of fees fails to maintain the information described under the Investment Advisers Act of 1940 (15 or other compensation by the fiduciary ad- in clauses (i) through (iv) of subparagraph U.S.C. 80b–1 et seq.) or under the laws of the viser or an affiliate thereof (or any em- (A) in currently accurate form and in the State in which the fiduciary maintains its ployee, agent, or registered representative of manner described in paragraph (2) or fails— principal office and place of business, the fiduciary adviser or affiliate) in connec- ‘‘(A) to provide, without charge, such cur- ‘‘(ii) a bank or similar financial institution tion with the provision of the advice or in rently accurate information to the recipient referred to in section 408(b)(4), connection with a sale, acquisition, or hold- of the advice no less than annually, ‘‘(iii) an insurance company qualified to do ing of a security or other property pursuant ‘‘(B) to make such currently accurate in- business under the laws of a State, to the advice. formation available, upon request and with- ‘‘(iv) a person registered as a broker or ‘‘(B) REQUIREMENTS RELATING TO PROVISION out charge, to the recipient of the advice, or dealer under the Securities Exchange Act of OF INVESTMENT ADVICE BY FIDUCIARY ADVIS- ‘‘(C) in the event of a material change to 1934 (15 U.S.C. 78a et seq.), ERS.—The requirements of this subparagraph the information described in clauses (i) ‘‘(v) an affiliate of a person described in (referred to in subsection (d)(16)(C)) are met through (iv) of paragraph (1)(A), to provide, any of clauses (i) through (iv), or in connection with the provision of invest- without charge, such currently accurate in- ‘‘(vi) an employee, agent, or registered rep- ment advice referred to in subsection formation to the recipient of the advice at a resentative of a person described in any of (e)(3)(B), provided to a plan or a participant time reasonably contemporaneous to the ma- clauses (i) through (v) who satisfies the re- or beneficiary of a plan by a fiduciary ad- terial change in information. quirements of applicable insurance, banking, viser with respect to the plan in connection

VerDate 06-NOV-2001 23:48 Nov 15, 2001 Jkt 099060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\A15NO7.004 pfrm02 PsN: H15PT1 November 15, 2001 CONGRESSIONAL RECORD — HOUSE H8193 with any sale, acquisition, or holding of a se- ‘‘(iii) in the event of a material change to entity for the broker or dealer referred to in curity or other property for purposes of in- the information described in subclauses (I) such section) or a person described in section vestment of amounts held by the plan, if— through (IV) of subparagraph (B)(i), to pro- 202(a)(17) of the Investment Advisers Act of ‘‘(i) in the case of the initial provision of vide, without charge, such currently accu- 1940 (15 U.S.C. 80b–2(a)(17)) (substituting the the advice with regard to the security or rate information to the recipient of the ad- entity for the investment adviser referred to other property by the fiduciary adviser to vice at a time reasonably contemporaneous in such section).’’ the plan, participant, or beneficiary, the fi- to the material change in information. SEC. 3. EFFECTIVE DATE. duciary adviser provides to the recipient of ‘‘(E) MAINTENANCE FOR 6 YEARS OF EVIDENCE The amendments made by this Act shall the advice, at a time reasonably contem- OF COMPLIANCE.—A fiduciary adviser referred apply with respect to advice referred to in to in subparagraph (B) who has provided ad- poraneous with the initial provision of the section 3(21)(A)(ii) of the Employee Retire- vice referred to in such subparagraph shall, advice, a written notification (which may ment Income Security Act of 1974 or section for a period of not less than 6 years after the consist of notification by means of elec- 4975(e)(3)(B) of the Internal Revenue Code of provision of the advice, maintain any records tronic communication)— 1986 provided on or after January 1, 2002. ‘‘(I) of all fees or other compensation relat- necessary for determining whether the re- ing to the advice that the fiduciary adviser quirements of the preceding provisions of The SPEAKER pro tempore. After or any affiliate thereof is to receive (includ- this paragraph and of subsection (d)(16) have debate on the bill, as amended, it shall ing compensation provided by any third been met. A transaction prohibited under be in order to consider a further party) in connection with the provision of subsection (c)(1) shall not be considered to amendment printed in part B of the re- have occurred solely because the records are the advice or in connection with the sale, ac- port, if offered by the gentleman from lost or destroyed prior to the end of the 6- quisition, or holding of the security or other year period due to circumstances beyond the California (Mr. GEORGE MILLER), or his property, control of the fiduciary adviser. designee, which shall be considered ‘‘(II) of any material affiliation or contrac- ‘‘(F) EXEMPTION FOR PLAN SPONSOR AND read, and shall be debatable for 60 min- tual relationship of the fiduciary adviser or CERTAIN OTHER FIDUCIARIES.—A plan sponsor utes, equally divided and controlled by affiliates thereof in the security or other or other person who is a fiduciary (other property, the proponent and an opponent. than a fiduciary adviser) shall not be treated The gentleman from Ohio (Mr. ‘‘(III) of any limitation placed on the scope as failing to meet the requirements of this BOEHNER) and the gentleman from New of the investment advice to be provided by section solely by reason of the provision of the fiduciary adviser with respect to any investment advice referred to in subsection Jersey (Mr. ANDREWS) each will control such sale, acquisition, or holding of a secu- (e)(3)(B) (or solely by reason of contracting 30 minutes of debate on the bill, and rity or other property, for or otherwise arranging for the provision the gentleman from California (Mr. ‘‘(IV) of the types of services provided by of the advice), if— THOMAS) and the gentleman from the fiduciary advisor in connection with the ‘‘(i) the advice is provided by a fiduciary Washington (Mr. MCDERMOTT) each provision of investment advice by the fidu- adviser pursuant to an arrangement between ciary adviser, and will control 20 minutes of debate on the the plan sponsor or other fiduciary and the bill. ‘‘(V) that the adviser is acting as a fidu- fiduciary adviser for the provision by the fi- ciary of the plan in connection with the pro- duciary adviser of investment advice re- The Chair recognizes the gentleman vision of the advice, ferred to in such section, from Ohio (Mr. BOEHNER). ‘‘(ii) the fiduciary adviser provides appro- ‘‘(ii) the terms of the arrangement require GENERAL LEAVE priate disclosure, in connection with the compliance by the fiduciary adviser with the sale, acquisition, or holding of the security Mr. BOEHNER. Mr. Speaker, I ask requirements of this paragraph, unanimous consent that all Members or other property, in accordance with all ap- ‘‘(iii) the terms of the arrangement include plicable securities laws, a written acknowledgment by the fiduciary may have 5 legislative days in which to ‘‘(iii) the sale, acquisition, or holding oc- adviser that the fiduciary adviser is a fidu- revise and extend their remarks and to curs solely at the direction of the recipient ciary of the plan with respect to the provi- include extraneous material on H.R. of the advice, sion of the advice, and 2269. ‘‘(iv) the compensation received by the fi- ‘‘(iv) the requirements of part 4 of subtitle The SPEAKER pro tempore. Is there duciary adviser and affiliates thereof in con- B of title I of the Employee Retirement In- objection to the request of the gen- nection with the sale, acquisition, or holding come Security Act of 1974 are met in connec- tleman from Ohio? of the security or other property is reason- tion with the provision of such advice. able, and ‘‘(G) DEFINITIONS.—For purposes of this There was no objection. ‘‘(v) the terms of the sale, acquisition, or paragraph and subsection (d)(16)— Mr. BOEHNER. Mr. Speaker, I yield holding of the security or other property are ‘‘(i) FIDUCIARY ADVISER.—The term ‘fidu- myself such time as I may consume. at least as favorable to the plan as an arm’s ciary adviser’ means, with respect to a plan, My colleagues, this week we found length transaction would be. a person who is a fiduciary of the plan by that for the first time in our Nation’s ‘‘(C) STANDARDS FOR PRESENTATION OF IN- reason of the provision of investment advice history, more than half of all American FORMATION.—The notification required to be by the person to the plan or to a participant provided to participants and beneficiaries or beneficiary and who is— families have invested in the stock under subparagraph (B)(i) shall be written in ‘‘(I) registered as an investment adviser market. I think that is enormously sig- a clear and conspicuous manner and in a under the Investment Advisers Act of 1940 (15 nificant. For years, certainly when I manner calculated to be understood by the U.S.C. 80b–1 et seq.) or under the laws of the was growing up, we thought of the average plan participant and shall be suffi- State in which the fiduciary maintains its stock market as something only the ciently accurate and comprehensive to rea- principal office and place of business, wealthy cared about. And for the most sonably apprise such participants and bene- ‘‘(II) a bank or similar financial institution part, it was. As late as 1982, fewer than ficiaries of the information required to be referred to in subsection (d)(4), 15 percent of all American households provided in the notification. ‘‘(III) an insurance company qualified to do held stocks, bonds, or mutual funds. ‘‘(D) EXEMPTION CONDITIONED ON MAKING RE- business under the laws of a State, QUIRED INFORMATION AVAILABLE ANNUALLY, ON ‘‘(IV) a person registered as a broker or Right now, the number is 52 percent. REQUEST, AND IN THE EVENT OF MATERIAL dealer under the Securities Exchange Act of Today, the working class and the in- CHANGE.—The requirements of subparagraph 1934 (15 U.S.C. 78a et seq.), vestor class are one and the same. (B)(i) shall be deemed not to have been met ‘‘(V) an affiliate of a person described in It is these new entrants into the in- in connection with the initial or any subse- any of subclauses (I) through (IV), or vestment markets that H.R. 2269, the quent provision of advice described in sub- ‘‘(VI) an employee, agent, or registered Retirement Security Advice Act, is paragraph (B) to the plan, participant, or representative of a person described in any of meant to help. We have seen an explo- beneficiary if, at any time during the provi- subclauses (I) through (V) who satisfies the sion of advisory services to the plan, partici- requirements of applicable insurance, bank- sion in the number of 401(k) plans and pant, or beneficiary, the fiduciary adviser ing, and securities laws relating to the provi- IRAs, defined contribution plans in fails to maintain the information described sion of the advice. which the employee decides how much in subclauses (I) through (IV) of subpara- ‘‘(ii) AFFILIATE.—The term ‘affiliate’ of an- to invest and how to invest. As we see graph (B)(i) in currently accurate form and other entity means an affiliated person of from this chart next to us, more than in the manner required by subparagraph (C), the entity (as defined in section 2(a)(3) of the 48 million Americans participate in de- or fails— Investment Company Act of 1940 (15 U.S.C. fined contribution plans today. These ‘‘(i) to provide, without charge, such cur- 80a–2(a)(3))). plans offer great opportunities for in- rently accurate information to the recipient ‘‘(iii) REGISTERED REPRESENTATIVE.—The of the advice no less than annually, term ‘registered representative’ of another vestors, but they also pose many risks. ‘‘(ii) to make such currently accurate in- entity means a person described in section The best way to maximize opportuni- formation available, upon request and with- 3(a)(18) of the Securities Exchange Act of ties and to minimize risk is to have ac- out charge, to the recipient of the advice, or 1934 (15 U.S.C. 78c(a)(18)) (substituting the cess to high-quality investment advice.

VerDate 06-NOV-2001 00:27 Nov 16, 2001 Jkt 099060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\A15NO7.004 pfrm13 PsN: H15PT1 H8194 CONGRESSIONAL RECORD — HOUSE November 15, 2001 But access to advice has not kept But competition is the best consumer process, and I hope that we are able to pace with participation in these de- protection available, and our bill cre- continue working together as the legis- fined contribution plans. Every day, ates a competitive marketplace that lation advances to the other body so workers who are trying to figure out would be flexible and dynamic enough that we may reach a mutually agree- how to best invest their money go to to respond to worker needs. able solution, and I thank the chair- their employers and ask for guidance. I think everyone in this House shares man for his openness and fairness Sadly, current law cripples employers the same ultimate goal of providing throughout this process. who want to provide it. quality investment advice to workers We think that this bill is the wrong So, how did we get to this point? The who critically need it, and I urge Mem- way to give investment advice because 1974 Employee Retirement Income Se- bers today to support this bill. Employ- we think it is flawed in four essential curity Act, enacted long before the ad- ers, workers, both the Commerce and ways: vent of 401(k)s and other defined con- Treasury Secretaries, and the Nation’s First of all, it is important to under- tribution plans, continues to needlessly chief pension law enforcement official stand that this bill will make it pos- deny many employers the opportunity all support this commonsense measure. sible for a person to receive investment to provide their workers with invest- It takes a balanced approach for in- advice about their pension assets, per- ment advice benefits that could help creasing worker access to advice while haps along with their home the most them enhance their retirement savings. including safeguards to protect their important assets a person owns, from We have heard from employers that investments without discouraging em- someone who has a vested interest in they want to provide this service as a ployers from offering any advice at all. that decision, in addition to or other benefit to help retain skilled workers. I want to thank my colleague, the than the interest of the pension. In other words, an employee of an insur- We have heard from workers that they gentleman from Texas (Mr. SAM JOHN- ance company or a bank or a financial want quality advisers to guide invest- SON), who, as a Member of the Com- ment decisions. The authors of ERISA mittee on Ways and Means and also as services company can give advice to a never intended for millions of individ- chairman of our Subcommittee on Em- pensioner that would result in that pensioner putting valuable pension as- uals to have to become investment ex- ployer-Employee Relations, has been sets into a fund where the advisor perts. To illustrate this point, we have instrumental in moving this bill would do better or where the advisor the chart next to me. Betty Shepard, through the two committees; and I would profit from the result of that de- the Human Resources administrator at want to thank him for the vital role he cision. That is an important conflict of Mohawk Industries Carpet Company in has played in this process. interest that we think is a very serious Kennesaw, Georgia, testified before our Mr. Speaker, we must ensure that and troubling one. committee that, and I will quote the American dream is within the The bill does not properly reconcile ‘‘Without this bill, I fear that many of grasp of all of our Nation’s workers, that conflict of interest in four impor- our employees may overreact to mar- not just a select few. Access to quality tant ways: ket fluctuations and listen to the com- investment advice is one way we can First of all, its disclosure provisions mentary of family, friends or the media help rank-and-file workers maximize do not adequately or contempora- to make retirement planning deci- their retirement security. neously disclose to the investor what sions.’’ Mr. Speaker, I reserve the balance of the risks are. If there is to be such ad- We know from survey after survey my time. vice given, we believe, Mr. Speaker, that a large majority of employees do The SPEAKER pro tempore. Without that the person receiving the advice not have access to quality investment objection, the time originally allotted should know with great clarity exactly guidance. In fact, as we see from this to the gentleman from California (Mr. what the nature of a potential conflict chart, only 16 percent of 401(k) partici- THOMAS) will be controlled by the gen- is at the time he or she is making the pants have investment advice options tleman from Texas (Mr. SAM JOHNSON). decision. It is not good enough to re- available through their retirement There was no objection. ceive that disclosure months or even plan, according to the Spectrum Group. Mr. ANDREWS. Mr. Speaker, I yield years before one makes the decision. It It is this investment advice gap that myself such time as I may consume. is not good enough that that disclosure H.R. 2269 seeks to close, and it does it Mr. Speaker, I rise in opposition to be confusing, presented in the verbiage in several ways. First, it streamlines the bill; and later in the debate the of financial planning professionals and the employer’s duty in selecting and gentleman from New York (Mr. RAN- not the commonsense language most of monitoring investment advisers. Em- GEL), the ranking member of the Com- us would be able to understand. Be- ployers will not be responsible for mittee on Ways and Means, and myself cause the bill does not provide for ade- every piece of advice or every trans- will offer a substitute which we believe quate disclosure of potential or real action, but when general problems is a more positive alternative. conflicts by investment advisers, it is arise, they must respond to them. Em- I want to proceed by agreeing with flawed. ployers tell us this will give them the the gentleman from Ohio (Mr. Secondly, the bill does not provide clear guidance they need to offer qual- BOEHNER), the chairman, and my for adequate qualifications of the in- ity investment advice to their employ- friend, the gentleman from Texas (Mr. vestment advisers. If someone is going ees as a benefit. The following chart SAM JOHNSON), the subcommittee to be giving investment advice to summarizes how this bill changes cur- chairman, that there is a serious prob- American pensioners and American rent law. lem that requires a remedy, and that workers, that someone ought to be Second, the bill maximizes competi- problem is the fact that there are mil- trained and qualified and accountable. tion in the investment advice market lions of Americans, a majority of There is a serious loophole in the un- by allowing many of the most highly Americans, who now hold interest in derlying bill with respect to that train- regarded investment firms to offer in- the equity markets, in the stock mar- ing and qualification. Where there are vestment advice through employers. It kets, and that many of these Ameri- cases where employees of large banks, will also protect workers by clearly re- cans do not receive adequate advice as large insurance companies, large finan- quiring advisers to act at all times in to the options and strategies they cial services companies do not have the workers’ best interest, and, if they should follow in investing their money. that kind of adequate training, as we have any possible conflicts of interest, There are too many people who get read the bill, they would still be able to to disclose them early and clearly. their investment advice from a neigh- give such advice. We believe that only If they breach that fiduciary duty, bor, over the back yard fence, or people who are duly licensed and they will be subject to civil litigation through hearsay at an office gathering, trained and qualified should be giving and even criminal prosecution by the or what have you, and we all agree that such advice. Labor Department. The Department of that is a situation that we want to The third major flaw of this bill is it Labor, which has the responsibility for change. does not take adequate measures to protecting workers, tells us that this I also want to say that Chairman make the investor aware that there are structure gives it all the authority nec- BOEHNER and Chairman JOHNSON have alternatives, in many cases better al- essary to protect workers from abuses. been open and fair throughout this ternatives to receiving advice other

VerDate 06-NOV-2001 23:48 Nov 15, 2001 Jkt 099060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\K15NO7.023 pfrm02 PsN: H15PT1 November 15, 2001 CONGRESSIONAL RECORD — HOUSE H8195 than receiving advice from a conflicted Mr. SAM JOHNSON of Texas. Mr. Two, this bill authorizes the indi- advisor; that there is someone else to Speaker, I yield myself such time as I vidual plan participant and the Depart- whom the pensioner could turn, some- may consume. ment of Labor to seek both criminal one else to whom the employee could Mr. Speaker, first of all, the process and civil penalties for infractions of fi- turn who has no stake in the outcome is entirely voluntary for the employ- duciary duty. of his or her decision, who has no con- ees. The workers have full control over Three, comprehensive disclosure will flict of interest. We believe that if con- their investment decisions, not the in- inform participants of any financial in- flicted advice is to be given at all, it vestment advisor. H.R. 2269 does not re- terest, outside interest, that advisors should only be given where there is a quire any employer to contract with an may have. The nature of the advisor’s clear disclosure of the available option investment advisor, and no employee is affiliation, if any, with the available of an independent advisor for that under any obligation to accept or fol- investment options, and any limits worker or retiree, so that the person low any of the advice. that may be placed on the advisor’s receiving the advice knows that there Furthermore, it requires financial ability to provide advice, these types of is someone to whom she or he can turn service providers to fully disclose their disclosure obligations, along with fidu- who has no stake whatsoever in the fees and any potential conflict because ciary duties, have worked well in regu- outcome to have the decision other investment advice may be offered only lating the conduct of advisors under than the best interests of the investor. by fiduciary advisers, qualified entities Federal security laws for more than 60 that are already fully regulated under b 1115 years in protecting innocent people other Federal and State laws. The from scams and fraud. Finally, this bill is significantly courts have consistently held that fidu- Both committees have worked hard flawed because it does not provide ade- ciary duty is the highest form of finan- to take a balanced approach to increas- quate remedies if someone receives ad- cial responsibility to which an invest- ing access to advice while including vice that is wrong and that is a breach ment advisor can be held under the safeguards to protect employers and of fiduciary duties. The bill recognizes law. employees. the fact that the fiduciary relationship This bill authorizes, contrary to Without this bill, employees will con- between the adviser and the investor what the gentleman tried to imply, the tinue to fend for themselves in today’s continues under this bill. individual participant and the Depart- roller-coaster market when it comes to But what happens if the advisor ment of Labor can seek both criminal breaches that duty. Well, the bill would planning their retirement. Help people and civil penalties for infractions of who want to help themselves and vote permit present law to continue, and such fiduciary duty. Comprehensive present law permits the recovery of the for this bill. It is the right thing to do. disclosure will inform participants of Mr. Speaker, I reserve the balance of lost investment; it does not permit the any financial interest advisors may recovery of damages for the con- my time. have, the nature of the advisor’s affili- Mr. MCDERMOTT. Mr. Speaker, I sequences of that lost investment. As a ation, if any, and any limits that may yield myself such time as I may con- practical reality that means that a per- be placed on the advisor’s ability. sume. son who gets bad advice that is a Mr. Speaker, it is a privilege to serve Mr. Speaker, H.R. 2269 is a bill that is breach of the fiduciary duty of the ad- as the chairman of the Subcommittee sort of sitting out here, and there does visor will never get his or her claim to on Employer-Employee Relations not seem to be much interest. There a court of competent jurisdiction and under the wing of the gentleman from are not many people over here, but this will never be made whole again. Once Ohio (Mr. BOEHNER), and I am also the is a very important bill. American in- the horse has left the barn, it cannot only Member of the House on both dustry has moved away from fixed ben- be returned because the remedies are committees. I am pleased to report efit pension systems and given people not sufficient under this bill. that both committees have passed this 401(k)s. People on this floor, we have Mr. Speaker, for these four reasons bill, and it was passed with bipartisan 401(k)s, those of us who came after a we think that this bill is flawed. That support. Now, more than ever, eco- certain date. We do not have a fixed is why our position in opposing this is nomic security goes hand in hand with benefit for all of our money. We have supported by the voice of working peo- retirement security. People are con- to put it in the stock market and see ple in this country, the AFL–CIO and cerned when they watch their nest egg what happens. the American Association of Retired dwindle. Persons. Russell Morgan, a defined contribu- In 1974, we set up a restriction that Finally, I would recognize that the tion consultant at Watson Wyatt the advice investors got had to come gentleman from Ohio (Mr. BOEHNER) Worldwide in Dallas, a management from somebody that was disinterested. made reference to Ms. Shepard who is consulting firm, said ‘‘Employees are In the last few years, the stock market the human resources administrator at having a tough time doing it on their has gone crazy and everybody has been Mohawk Industries. I would like to own. For those who choose poorly, re- watching their 401(k) go up, up, up. read for the RECORD some remarks she tirement may not be an option.’’ That Somebody must have gotten the idea made in the October 21, 2001 issue of is just plain wrong. that they were left out of the process, the New York Times. At the appro- It is obvious that people need invest- so they came with this piece of legisla- priate time I will submit the entire ar- ment advice and they need it now. This tion. ticle for inclusion in the RECORD. bill does just that. This measure re- This legislation eliminates workers’ ‘‘Betty Shepard, human resources ad- moves the obstacles for employers to protections. All of us want our workers ministrator at Mohawk Industries, said provide millions of workers access to to have people give them some advice, it had not offered advice because rules professional investment advice. but we also know something about and liability were unclear,’’ for the em- The bill requires financial service human nature. Human nature says if I ployer. That is my insertion. ‘‘ ‘We providers to fully disclose their fees am going to recommend something want to give employees a way to get and any potential conflicts, as I said that is in my interest or something easy access to reliable investment ad- before. This bill protects people from that is not in my interest, but might be vice within the confines of the law.’ fly-by-night groups or people trying to good for workers, I have a tension. I Ms. Shepard, who testified before Con- make a quick buck. There are a num- have a conflict whether I recommend gress last summer in favor of the bill ber of safeguards. investors buy my product or whether said she ‘would prefer hiring an impar- One, under this bill, sound invest- investors buy the product over here tial advisor to assist employees.’’’ ment advice can only be offered by fi- that might be better for them. Well, so would we. duciary advisors, qualified entities Members know everybody is not We believe that the four reasons that that are already fully regulated under above slanting things. Everybody I have outlined today that are weak- other Federal and State laws. Courts wants an advantage, as long it comes nesses in this bill justify a vote against have consistently held that fiduciary to them. What the present law does is the bill. duty is the highest form of financial re- prevent somebody who is offering a Mr. Speaker, I reserve the balance of sponsibility to which an investment product from benefiting from it. What my time. advisor can be held under the law. this piece of legislation does is say, we

VerDate 06-NOV-2001 23:48 Nov 15, 2001 Jkt 099060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\K15NO7.024 pfrm02 PsN: H15PT1 H8196 CONGRESSIONAL RECORD — HOUSE November 15, 2001 are going to let anybody give advice, Mr. CULBERSON. Mr. Speaker, the our constituents telling us because of no criteria whatsoever for what they Members of this Congress have many the loss of the markets, because of the know about, financial instruments or reasons to support this legislation, and placement of their investments, they anything else. They can recommend, if again I believe it illustrates a funda- are going to have to work a couple of they work in the trust department of a mental difference between the Repub- more years, they are not going to be bank, they can make a recommenda- lican and Democrat philosophy. We able to retire like they thought, or one tion; and the American workers are trust people to manage their own of the wage earners in the family is putting their pension, a substantial money and their lives with intel- going to have to continue to work. So portion of what their future pension is, ligence. Nearly 42 million Americans these funds are subject to the vola- in the hands of people who have a vest- have saved about $1.7 trillion in 401(k) tility of the market, but that is under- ed interest in directing them in a par- plans, and under current law those peo- stood. And it is also understood that ticular direction. ple must either hire their own invest- we believe that over the long run peo- Mr. Speaker, that, in my view, is not ment advisor, rely on an employer- ple will be better off with the invest- responsible on the part of Congress. I sponsored advisor, or make investment ment of these funds in their 401(k)s. do not think we should be doing this. decisions on their own; whereas this The question then comes, the ques- We have an alternative which the gen- legislation, the Retirement Security tion of the type of advice that they can tleman from New York (Mr. RANGEL) Advice Act, will give workers access to be given by their employer. We know and the gentleman from New Jersey professional investment advice from that there were many, many employers (Mr. ANDREWS) will put forward that the administrators of their own plan over the last many years that basically corrects this. for the first time, as long as those advi- made a decision that the 401(k) funds if Members say included in this there is sors make a full disclosure concerning they were a publicly held corporation disclosure. I do not know how many any potential conflict. would be invested in the stock of that Members in this Congress can honestly The bill also protects employees by corporation. Obviously in many, many say that they have ever read any con- holding the financial advisor, not the instances the workers in that corpora- tract they have been involved in, such employer, personally liable and subject tion lost much of their investment, as a life insurance policy, automobile to other criminal penalties if they act some of them did very well; but the insurance policy, a policy related to on behalf of any interest other than concentration of the money in those homeowners insurance and whatever that of the investment portfolio or funds, the failure to diversify that in- information that is given about invest- those who contribute to it. vestment in many instances harmed ments. the employees; and now we require Do Members read all of the way down b 1130 that they be given other alternatives, that Charlie Brown, who is making the Finally, Mr. Speaker, the best part of that they be given other options so investment offerings or giving advice, this legislation is that it is completely that they too can diversify their port- also makes 3 percent on everything voluntary. The bill strengthens retire- folio and they are not locked into a that is bought from XYZ Company? ment security and gives workers access single stock. How many Members see that? Would it to expert investment advice when they But the question now that arises in be the requirement that the person need it. I urge my colleagues to join me this legislation when we give them the making the advice say, I want to bring in supporting it. option of that advice, do we give them investor’s attention to page 3, line 1, Mr. ANDREWS. Mr. Speaker, I yield the right to have an independent re- that says I am going to make money myself 20 seconds. I would simply say view of their account, an independent off this if I recommend XYZ Company. that it is of very little comfort to a advisor who is in the business of advis- There is nothing like that in this bill. pensioner who has just lost everything My belief is that this is a bad piece of ing, not necessarily in the business of in their 401(k) that the Department of advising and also managing stocks and legislation; if we do not adopt the Ran- Labor may someday institute some gel-Andrews amendment or the alter- portfolios for this client and for other civil proceeding. People need to get native, we will be doing a disservice to clients? their money back, and under this bill the American people. I think it is just basic and funda- I do not know how many Members they do not. mental about treating workers with a Mr. Speaker, I yield such time as he have been getting advice on their set of rights about the dominion over 401(k)s in this place, but I bet there are may consume to the gentleman from their funds. The notion that somehow not very many Members who have California (Mr. GEORGE MILLER), the this changes the expense of it and is made much money in the last little ranking member of our full committee. not worthwhile, this advice given to a while. Probably they would have been Mr. GEORGE MILLER of California. group of participants is not that expen- smarter to get out of stocks and into Mr. Speaker, I thank the gentleman sive but it may be terribly, terribly ex- government securities. Who was telling from New Jersey for yielding time and pensive to the employee if they do not us that? Nobody. I rise in opposition to this legislation. get advice that is not conflicted. That is what we are saying to the It has been said time and again, and We have great brand names. We have workers out there. Workers are going we all agree, that pension plan partici- Lehman Brothers, we have Merrill to have somebody who is running a pants need to get additional advice on Lynch, we have Charles Schwab. We company who says buy the stock in our the investment of their moneys. We have houses that now are not just any company, put that in your 401(k). Of have made the point that for the new longer investment banks, they are not course, if the company goes belly up or generation of workers, these pension just any longer stock brokerages. They whatever, we do some financial she- plans, the 401(k) plans, are going to be- run the gamut. They are wholly owned nanigans like Enron has done and the come an ever more important part of subsidiaries of Citicorp, or in fact they investor gets clobbered, too bad. The their future retirement and that we own other subsidiaries; and what we investor has Enron stock, right, while must take care with the investment of have are very complicated financial ar- the guys at the top are doing all kinds those funds by these employees to rangements. of things that are getting them in trou- make sure that in fact that will be In many instances, we have seen over ble with the Securities and Exchange there when they decide to retire. the last couple of years, and especially Commission. We also know that these funds, un- in the downturn in the market, that a I think the advice should come from like their Social Security retirement, number of these companies hold on to somebody who does not have a vested are subject to the ups and downs of the advice long beyond the time when the interest. I think we should all vote market. It will be important how they prudent ordinary person would decide against this bill. make these investment decisions be- to sell that stock. It has become a Mr. Speaker, I reserve the balance of cause the timing of when they retire standing joke now. I think they even my time. may not necessarily coincide with the have theme music on CNBC in the Mr. BOEHNER. Mr. Speaker, I yield 1 good cycle in the market, as many peo- morning for those advisors who will minute to the gentleman from Texas ple have found out over the last 2 not give up their recommendation to (Mr. CULBERSON). years. We now hear more and more of buy stocks even though the stock now

VerDate 06-NOV-2001 23:48 Nov 15, 2001 Jkt 099060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\K15NO7.045 pfrm02 PsN: H15PT1 November 15, 2001 CONGRESSIONAL RECORD — HOUSE H8197 has been down for 7 or 8 months in a Gee, that’s not the disclosure we in- This legislation updates important row; it has lost 70 to 90 percent of its tended. It was the disclosure the banks remedies for those who invest. I have a value, and they are still telling them intended. That is why they sent it out. 401(k) here in Congress and they send to be in there. Lo and behold, when you Most people did not recognize it when me advice and they tell me that over start to look at some of this, as the they got it. But it satisfied disclosure. the last several years government stock exchanges have, you find out So we thought you ought to have funds have done such, 401(k) or equities that they hold a position or they are meaningful disclosure in this case has done such. It is my decision to managing the money for the executives since you are playing with people’s fu- make whether I invest in equity bonds of the company, not necessarily do ture retirements. We also think you or other fixed incomes. I can choose they hold a position in that company, ought to have meaningful recourse the more speculative route of equities. but they hold another position with the when you get bad advice, when you get They make it clear that that is risk executives in managing their port- the wrong advice. Of course, this legis- based. That advice is mine for the tak- folios. They do not want to upset them, lation as it is currently written does ing. If I do not want to use it and want so they are telling the old American not really provide for that. to test the fates and roll it all in my public, ‘‘Buy this stock. We’re on our But most importantly, what we be- equity portfolio, I have the right to do way back.’’ The fact of the matter is lieve you ought to have is an employee that. In this bill, every American has people have been torched. That is sub- who is trying to make these decisions, that right. ject to disciplinary actions again. decisions that they must make today This bill, or the base text prior to But in this legislation, that con- that can impact their livelihood 20 and this bill, has not been updated since flicted advice necessarily is not out of 30, 40 years down the road, that they 1974. That is like asking people in this order here because they have a system ought to have some access to inde- Chamber to drive a 1974 automobile. of disclosure, and that disclosure is pendent advice through their employer This provides a great balance between given once a year and then you are on so that they can in fact make that de- the ability of those savers, those con- your way. What you find out is the way cision. sumers, to increase their retirement the bill is written, under the law, that So I would hope that we would sup- funds through prudent investment. It the fiduciary relationship that we keep port the substitute by the gentleman is specific. The solutions, the benefits talking about does not really exist be- from New Jersey (Mr. ANDREWS) and and the problems listed in the Retire- cause the law is set up that the person the gentleman from New York (Mr. ment Security Advice Act should allay whose funds it is, the employee, has to Rangel); and then I think we would any fears. make a decision, buy this stock, make have a workable piece of legislation Let me underscore. Today, 42 million this investment, put it in this fund. that would do what we all recognize workers invest more than $2 trillion of Once they do that act, they relieve the must be done in terms of giving em- assets in a 401(k). This legislation advisor under the law of all responsi- ployees greater options about the in- would update these rules to reflect this bility. vestment and more information about new pension environment. In addition, Obviously, they should be making how to invest their money, but to the bill would encourage employers to the decisions; but the way this legisla- make sure that that is offered in a fair offer investment advisory services by and open manner to the employees. tion is written, once they do that, they clarifying liability rules that currently Mr. SAM JOHNSON of Texas. Mr. have cleared the decks in terms of li- discourage employees from hiring em- Speaker, I yield 3 minutes to the gen- ability under any sense of fiduciary re- ployee investment advisors. tleman from Florida (Mr. FOLEY), a dis- lationships under the law, because as It is a balanced, fair, fundamentally tinguished member of the Committee we see under section 404 of the ERISA sound way for consumers to ready their on Ways and Means. law: ‘‘No person who is otherwise a fi- Mr. FOLEY. Mr. Speaker, I thank the portfolios for retirement. I encourage duciary shall be liable under this part the House adoption of this important gentleman from Texas (Mr. SAM JOHN- for any loss, or by reason of any SON) and the gentleman from Ohio (Mr. measure and thank the respective breach, which results from such par- BOEHNER) for their leadership on this chairmen for their leadership on the ticipant’s, or beneficiary’s exercise of issue. issue. control.’’ Then you go to the law, and In this bill there are adequate disclo- Mr. MCDERMOTT. Mr. Speaker, I the law says the beneficiary must exer- sure requirements. This is a good bill. yield 4 minutes to the gentleman from cise control. At that point we are home I have heard some interesting debate North Dakota (Mr. POMEROY). free. today about whether the person should Mr. POMEROY. I thank the gen- I just think that we have to under- have an investment in the firm or not; tleman for yielding time. stand now that the change in the mar- should they be strictly giving advice. Mr. Speaker, I think the biggest ketplace, the interlocking relationship There are two schools of thought to problem today for plan participants of between a whole range of financial that. I particularly like somebody 401(k)s is that they have been given re- services, a whole range of financial en- whose money is riding along with mine sponsibility for the investment of their tities requires that in fact we have the investing in the market. If they are retirement funds without being given means by which the employee can get willing to put in their equity, I am a access to information to help them independent advice to make their deci- little comforted by the fact that maybe make informed decisions as they deal sion on. I do not believe that this legis- they are interested in the risk/reward. with something as important as trying lation as it is currently configured does I remember in Palm Beach County, to find optimal earnings on their re- that. That is why I would hope that we had a bank that sold a preferred tirement savings. Members would support the Andrews- note and on the front of the note, it I think many of us in puzzling with Rangel substitute, which I think is a was an 11 percent coupon. But huge dis- our Thrift Savings Plan options think, very reasonable compromise. It pro- closure: ‘‘This is a risky investment. This is hard, this is confusing, I don’t vides for minimum advisor qualifica- This is not FDIC insured.’’ quite know if I am doing this in the tions. Imagine that, having somebody What happened was the consumer, right way. I will tell my colleagues, who is in fact qualified to make this the constituent, decided because of looking at my returns from the last lit- determination advising the individual. greed that they were willing to gamble tle while, I am quite sure I am not How about having meaningful disclo- on that. Of course when the bank went doing it the right way. I could use sure? We just passed here legislation bankrupt and they lost their money, more advice. An awful lot of people in where we told the banks that they had they started blaming the advisor, the the workforce today are thinking ex- to disclose what they are going to do person who sold them the bill. But on actly the same thing. And so we need a with your financial data. What we every document it was very emphatic, strategy to get them more advice. I found out is people got in the mail, that this was risk based, highly specu- think the chairman’s strategy rep- sometimes they got two or three pages, lative, no guarantees; and everybody resents a very excellent and construc- sometimes they got one page, they got then looks to the little print and says, tive way of approaching it. The chair- little tiny print; and the Congress is Oh, boy, I didn’t really read that. Well, man and I are in strong agreement that running around saying to the banks, you could not miss it. as we try and get more advice to plan

VerDate 06-NOV-2001 23:48 Nov 15, 2001 Jkt 099060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\K15NO7.028 pfrm02 PsN: H15PT1 H8198 CONGRESSIONAL RECORD — HOUSE November 15, 2001 participants, we do not want to put and I yield to the gentleman from ment. I am satisfied that these invest- people at risk of heavy sales practices North Dakota (Mr. POMEROY). ment advisors working within trust de- that might be against their interest Mr. POMEROY. I thank the gen- partments under an umbrella trust li- and have them investing in funds that tleman for yielding. cense can be subject to the same ad- are inappropriate for their situations. Mr. Speaker, defined contribution ministrative sanctions as registered in- Therefore, if we have the following plans which place the burden of invest- vestment advisors, insurance agents standards in a new investment advice ment decisions on workers will be the and broker dealers under this bill. regimen advanced by this legislation, I primary source of retirement income Therefore, with these three modifica- think you can actually get more advice for an increasing number of workers. tions, we can provide further protec- and still protect the employee’s inter- Unfortunately, these workers have lit- tions to workers without burdening fi- est. You need to have the fiduciary tle access to professional investment nancial institutions. As this bill moves standard apply so that the advisor advice which could help them grow through the legislative process, I ask must be providing advice solely for the their retirement savings in a prudent for the chairman’s support to make interest of the plan participant or the manner. Current law restricts many these modifications. employee. You have got to have some sources of advice to workers. We must Mr. BOEHNER. Mr. Speaker, in re- type of administrative recourse so that get additional advice to participants. I claiming my time, I want to thank the if the individual violates that advice, salute the gentleman from Ohio for his gentleman from New Jersey (Mr. AN- you can withdraw that individual’s li- earnest efforts in trying to achieve this DREWS), who has worked on this bill with me over the last several years. Al- cense. You can take away their em- goal. though we may be in some slight dis- ployment. You can put them out of This bill goes a long way in giving agreement today over how much pro- business. workers access to professional invest- tection is available in this bill, he has I used to be an insurance regulator. ment advice. In addition, it provides been a faithful partner as we have tried There is not a better policing mecha- two important features that will help to reach some accord. The gentleman nism than being able to put the guy insulate workers from advisors who from North Dakota and I have also out of business to make certain that may otherwise pose a conflict of inter- been working together to try to bring est, a fiduciary duty owed to the work- they are providing advice that is appro- the protections in this bill into a prop- er and a disclosure of all fees and con- priate and comports with the legal re- er balance. I want to thank him for flicts. We agree that the fiduciary duty quirements. bringing these pertinent modifications Thirdly, you need to have fee disclo- of an advisor is a high standard not to to my attention. sure. These things have cost loads. In- be taken lightly and that any advisor I support the changes that the gen- creasingly, employers have shifted all breaching this duty should not be able tleman has described which will fur- of the expense to the employees on the to continue to give advice. We also ther protect workers’ retirement in- loads of 401(k)s. Employees need to agree that the bill’s disclosure require- come security. I support the creation know what it is going to cost them as ments will give workers a clear picture of a model disclosure form as well as a they look at these different options. of what fees would impact their ac- requirement for advisors to disclose to Having a disclosure plan and in fact counts and what conflicts the advisor plan participants that independent ad- having a uniform disclosure format of has with any offered recommendation. vice is available. In addition, I support fees is going to help the individual However, this bill, with a few modifica- the gentleman’s proposed changes to make sure they know what they are tions, can provide further protections the qualification section which would getting into as they make various in- to workers without burdening financial ensure that only licensed individuals vestment options. And so with this leg- institutions. I am glad that we have provide this advice; or in the case of islation, subject to some further been able to reach an agreement in re- banks, such advice be provided by trust amendment, we are able actually to gard to these modifications. or custody department employees who achieve the goal of getting more in- Unfortunately, we are considering are individually accountable to State vestment advice out there and helping this bill under a modified closed rule or Federal regulators. people with their choices. and cannot make these modifications During conference negotiations with I do not think that the opponents of on the floor today. These modifications the Senate, I will work with my col- this legislation have reflected enough would require the disclosure of the league from North Dakota and others upon the disservice we do to those in availability of independent advice pro- to make these modifications for the the workforce by giving them the re- viders and require the Secretary to further protection of workers man- sponsibility of investing their own draft model disclosure forms for fees. aging their retirement income assets. money but depriving them of the infor- The disclosure would remind partici- Mr. POMEROY. I thank the gen- mation to do it. Defined contribution pants that independent advice can be tleman. plans presently represent 90 percent of sought outside of the plan context and Mr. ANDREWS. Mr. Speaker, I am all retirement savings plans in the the model disclosure forms will assist pleased to yield 3 minutes to the gen- workforce. There are $1.5 trillion worth service providers in complying with the tlewoman from California (Ms. of investment in 401(k) plans. But still disclosure requirements. Furthermore, SANCHEZ). Ms. SANCHEZ. Mr. Speaker, many we have less than a quarter of em- these models will ensure uniformity Americans have little knowledge about ployer-sponsored defined contribution among the disclosures to the reason- investing their own money. Mutual plans provide for advice to the workers able understanding of the average plan funds, stocks and bonds are very com- in terms of how to invest within those participant. plicated instruments to which people plans. Lastly, we have agreed to provide pay little attention, especially when I have held a number of round tables further clarity in this bill with regard they have got other things to do all across North Dakota visiting with em- to banks by restricting the provision of day long. ployees, visiting with employers, about investment advice to their trust de- how we can do a better job with facili- partments. It is my belief that every b 1145 tating retirement savings in this coun- advisor giving advice under this bill I know firsthand how complex these try. Information in terms of how to should be individually licensed by a instruments can be because of my pro- best handle their retirement money is Federal or State regulatory agency so fessional experience as an investment a constant theme raised not by the big that when an advisor breaches his fidu- advisor. bad industry that some on this side of ciary duty to a participant, the regu- In concept, the Retirement Security the aisle would talk about, but by em- lator will have the authority to put the Advice Act is a great idea. We must ployees themselves or by employers re- bad actor out of business. find ways to ensure that all Americans flecting what employees are asking for. However, I understand that banks op- participating in retirement savings We can do a better job, and this legisla- erate under a special regulatory plans are making decisions that will tion will do it. scheme in which some investment ad- help them in the long run. All Ameri- Mr. BOEHNER. Mr. Speaker, I yield visors are not individually licensed but cans should have access to licensed in- myself such time as I may consume, work within their bank’s trust depart- vestment professionals who can advise

VerDate 06-NOV-2001 23:48 Nov 15, 2001 Jkt 099060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\K15NO7.030 pfrm02 PsN: H15PT1 November 15, 2001 CONGRESSIONAL RECORD — HOUSE H8199 them on what they should be investing me time, and I congratulate him as a some of the deficiencies in this legisla- in, how risky their portfolio should be Member of the Committee on Ways and tion. I would just remind people, read and when to change plans. Means, but also as the chairman of the the legislation. If you are going to offer There is a major weakness in the cur- Subcommittee on Social Security that this advice, you have to be licensed or rent version of the bill, however. The got this legislation to the floor today. have to be a bank trust officer. That is bill allows registered, licensed banks or He wears two hats, and he has done a in the legislation. similar financial institutions to pro- great job in moving what is a needed The gentleman from North Dakota vide financial investment advice. The piece of legislation to the floor. (Mr. POMEROY), who is going to support problem is that the language is not Also, of course, I want to commend the bill on the floor today, who worked strong enough. It allows bank tellers or my colleague, the gentleman from Ohio very hard on this legislation over the any unrelated subsidiary of these fi- (Mr. BOEHNER), who has spent years on years and also helped us with all the nancial institutions to provide this ad- this issue, understanding that there is portability provisions in the Portman- vice. a need to change the ERISA laws, Cardin bill, has just indicated he is Would you want investment advice which are way out of date. going to support it because the chair- from a bank teller? How about from a As more and more people have moved man has agreed to even some other member of the cleanup crew at an in- into the defined contribution plans, the slight modifications to ensure that you vestment banking firm? These exam- 401(k)s, the 403(b)s and the 457s, 90 per- do not have the conflicts of interest ples may be extreme, but they are pos- cent of folks now are in these defined that would otherwise occur if you did sible under the current language in contribution plans. The law has not not have that fiduciary duty, to be sure this bill. changed to allow them to get the type that people who do offer this advice are I want to make sure that all Ameri- of advice they need. Only 16 percent of qualified, and, finally, to be sure you cans are provided with the best oppor- workers out there in these plans are have the kind of disclosure that is nec- tunity to invest their retirement sav- getting any advice, only 16 percent, yet essary. ings. Think of the time period we just 75 percent of them say in surveys, they This legislation increases that disclo- went through right now. I have a fa- are desperate to get that kind of ad- sure. As it has gone through the proc- ther-in-law who is a banker, and he has vice. ess in the Committee on Ways and plenty of people who would call him So this is a very important change in Means, we were sure that there would and say, ‘‘I just went to a cocktail the law that has to be made in order to be yearly disclosure, disclosure upon party, and why am I not getting 38 per- allow people, those school teachers, request, and disclosure if there is a ma- cent return this year?’’ And no matter those folks who are in retirement plans terial change. how much he tried to talk them all over this country who need this Again, this legislation is sorely need- kind of advice, to be able to make bet- ed. We wanted to encourage people to through about their plan and their sit- ter decisions. save more for retirement. One of the uation, they would basically say, ‘‘I am Recently this Congress took the lead impediments now is the lack of good taking my funds to somebody else who on retirement security by passing leg- advice and the lack of good education. will put me in these types of invest- islation that dramatically expands the So I commend those on both sides of ments.’’ availability of defined contribution and the aisle who have brought this legisla- Now, my father-in-law has licenses. defined benefit options. We allowed ev- tion to the floor. Let us pass it today He has been in the investment banking erybody to put more money away in in a bipartisan way and send a strong world a long time. He has character, he their 401(k), for instance. We simplified message to the Senate that it is about has integrity. He also makes his living all the rules and regulations for all of time to help people out there be able to with that license. He protects it. And the pension plans, to help small busi- make the kind of wise decisions they he would say, ‘‘Well, if that is what you nesses to get into this area. should be making for their own retire- have to do, that is what you are going We also allowed portability, to be ment. to do, but I will not put you in those able to move your plan from job to job types of investments.’’ and to be able to integrate those plans b 1200 Imagine if you have someone who has in a seamless way into one account. Mr. ANDREWS. Mr. Speaker, may I no license and the pressure comes on. This is extremely important, and we inquire of the Chair how much time the What do you do then? Well, you end up think it will allow for millions, mil- Committee on Education and the being in things you really should not lions more Americans, to have the kind Workforce minority has remaining. be in. of retirement security they need and to The SPEAKER pro tempore (Mr. Sometimes we forget about the peo- have the kind of peace of mind in re- LAHOOD). The gentleman from Ohio ple that we are really working to assist tirement that all of us deserve. (Mr. BOEHNER) has 19 minutes remain- here. This bill is targeted at those who That was passed overwhelmingly by ing; the gentleman from New Jersey could not otherwise afford investment this House, and it is great legislation. (Mr. ANDREWS) has 111⁄2 minutes re- advice. They are working-class Ameri- The gentleman from Maryland (Mr. maining; the gentleman from Texas cans who teach our children, build our CARDIN) and I worked on that for years (Mr. SAM JOHNSON) has 9 minutes re- infrastructure and make this country together. maining; and the gentleman from strong. But now we need to take the next big Washington (Mr. MCDERMOTT) has 101⁄2 You probably would not take gour- step, which is education. It is providing minutes remaining. met cooking advice from the fry cook people with the means to understand Mr. ANDREWS. Mr. Speaker, I yield at McDonald’s, so why should people the importance of retirement savings, myself 20 seconds. take investment advice from those who first, on a broad sense, but also to un- Mr. Speaker, the gentleman from may not be qualified to give it? derstand what their options are in Ohio (Mr. PORTMAN), my friend, just Let us do the right thing for all terms of what they can invest in if spoke about his representation that Americans. Let us make sure that this they are indeed going to be among one needs to be a trust officer of a advice is given by licensed individuals. those who benefit from this expansion bank. I would respectfully disagree. There are plenty of different types of that this Congress has pushed forward Page 10 of the bill, line 12, indicates an licenses. We do not have to start a new to get people into 401(k)s, 403(b)s, de- employee, agent, or registered rep- regulatory situation here. fined benefit plans and so on. resentative of a person describing an Mr. SAM JOHNSON of Texas. Mr. So this is the next logical step, and I institution who satisfies the require- Speaker, I yield such time as he may commend the chairman and the gen- ments is qualified. So if there are no consume to the gentleman from Ohio tleman from Ohio (Mr. BOEHNER) for local applicable banking or securities (Mr. PORTMAN), who is a member of the moving this forward, and the gen- laws; a mere employee of a bank or an Committee on Ways and Means and tleman from California (Chairman insurance company is qualified to give who has a long history of working on THOMAS) for getting it to the floor the advice. retirement issues. today. So the gentlewoman from California Mr. PORTMAN. Mr. Speaker, I thank Now, we have heard some discussion (Ms. SANCHEZ) was correct in our de- the chairman very much for yielding here about what some people see as scription.

VerDate 06-NOV-2001 23:48 Nov 15, 2001 Jkt 099060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\K15NO7.032 pfrm02 PsN: H15PT1 H8200 CONGRESSIONAL RECORD — HOUSE November 15, 2001 Mr. Speaker, I yield 4 minutes to the Our shared goal should be to increase agreed to by the gentleman from Ohio gentleman from Massachusetts (Mr. access to investment advice for indi- (Mr. BOEHNER) that were offered by the TIERNEY), a committee member. vidual account plan participants. We gentleman from North Dakota (Mr. Mr. TIERNEY. Mr. Speaker, I thank need not obliterate long-standing pro- POMEROY), and I think it also addresses the gentleman from New Jersey for tections for plan participants in order some of the remaining concerns. It yielding me this time. to do that. Surveys show that the most does provide for adequate disclosure. It Like many Members, I represent peo- important reason advice may not now does provide for fiduciary responsi- ple who have worked hard and whose be offered is that employers have fears bility. Sometimes I think we are being entire hope for a secure retirement that they may be held liable for advice a little bit condescending to a lot of may well rest on the success of their gone bad. The remedy for that, and it the people who are participating in 401(k): leather workers, jet engine as- is in the bill, is that Congress should these plans when we are not giving semblers, teachers, nurses, and other encourage more employers to provide them the credit for engaging in their hard-working, intelligent folks who are independent advice by addressing em- own due diligence by trying to deter- bright and able, but many of whom ployer liability. It should clarify that mine what the costs will be and what have little experience in understanding an employer would not be liable for the values are of the various instru- investment fundamentals. They may specific advice if it undertook due dili- ments of investment that they are lack the time or even the knowledge to gence selecting and monitoring the ad- going to be considering. work through a mountain of financial vice provided. It is as simple as that. Mr. Speaker, most people today are information. They need advice that is There is no need for conflicted advice. becoming increasingly aware that you given by a provider that meets at least Many plans already provide for in- have to consider the cost of a par- minimum standards, one who is quali- vestment education. Many plans now ticular plan. Most people are becoming fied and one who is subject to the laws provide independent investment advice aware that there is increasing risk and of ERISA’s fiduciary standards, stand- through financial institutions and volatility with different mechanisms ards of trust, and one who is free from other firms without conflict. Clarifying that you could invest in. financial conflict, free from divided that employers would not be liable if I remember when Mr. LIEBERMAN was loyalties; and they need an advisor who they undertake due diligence with re- engaged in his last campaign and he will put the worker’s or investor’s in- spect to advice providers would further said, it is interesting, when I would be terests first, above profit. increase advice as necessary. making some visits to labor groups Consider this following example: two Disclosure alone will not mitigate and, in particular, I went into a fire- mutual funds, each posting annual potential problems. The alternative house and met with some firemen gains of 12 percent consistently for 30 bill in adding some protections and there, and he said, their questions to years. One fund has an expense fee of 1 mandating a choice of alternative ad- me were not about some of the chal- percent, the other an expense fee of 2 vice that is not conflicted is a better lenges they face in their jobs, he says, percent. If you invested $10,000 in each idea, but the best idea remains a prohi- their questions were all about their fund, the fund with the lower expense bition against conflicted advice. Con- 401(k) plans and the investments that fee at the end of 30 years would earn gress, by clearing up the liability issue, they were making. He said they had $229,000, but the one with the higher ex- can encourage independent, unbiased more information than most people pense fee of 2 percent would have only investment advice that will better en- that he had come into contact with $174,000. The mutual fund would pocket able employers to improve their long- often on Wall Street. the difference of $55,000. term retirement security, while mini- Mr. Speaker, this bill takes a bal- Obviously, there may be little incen- mizing the potential for employee dis- anced approach. I urge its passage. I tive for the advisor connected to the satisfaction and possible litigation. thank all of the people involved in this. mutual fund to highlight the signifi- This is what is in the best interests of Mr. BOEHNER. Mr. Speaker, I yield 2 cance of this conflict, of his or her po- the plan participants and, in fact, the minutes to the gentleman from Ohio tential gain in steering someone to the best interests of the plan; and it cer- (Mr. OXLEY), the chairman of the Com- higher fee investment. Why should we tainly is in the best interests of the mittee on Financial Services. allow such a conflict of interest to hard-working people in my district who (Mr. OXLEY asked and was given exist when it is not necessary? need to know that their retirement is permission to revise and extend his re- Perhaps that is why the fund indus- secure. marks.) try is lobbying so hard for this bill, but Mr. BOEHNER. Mr. Speaker, I am Mr. OXLEY. Mr. Speaker, I want to workers and retirees are not asking for pleased to yield 2 minutes to the gen- thank the gentleman from Ohio, my its passage. These hard-working people, tleman from California (Mr. DOOLEY). good friend, for his leadership on this like other investors, need and want Mr. DOOLEY of California. Mr. issue, and the gentleman from Texas. good, sound advice; but allowing Speaker, I rise in support of H.R. 2269, This is an important piece of legisla- money managers to make rec- and I appreciate all of the work that tion that really represents bringing ommendations that will generate more has gone in to crafting this piece of ERISA into the 21st century. Let us income for themselves hardly falls into legislation. face it, ERISA was passed almost a the realm of independent advice. In my estimation, this legislation is quarter of a century ago; and times In 1974, Congress chose to ban trans- long overdue. What we are seeing is an have changed. I am convinced, after actions between pension plans and par- increasing number of working people looking at this piece of legislation, ties with a conflict of interest, except that are participating in plans that re- that the responsibilities of the invest- under very narrow circumstances; and quire a defined contribution. They need ment advisors are fully covered and they did that for a simple reason. to have access to the information that regulated by the Securities and Ex- There is too great a danger that a allows them to make the decisions that change Commission, and by various party with a conflict of interest will are going to maximize the returns on State regulations. I think nobody act in its own best interests rather their investments and their retirement needs to fear that these folks will not than exclusively for the benefit of the accounts. be regulated. They have been regulated workers. That concern is no less valid This is inevitable, as we are seeing over the years and will continue to be today. more and more people that are coming so to make sure that the investors are Studies by the financial industry to expect that they will have more protected. itself have found broker conflicts have choices, more choices in the consumer I was reminded of a story the gen- harmed advice received by individuals, products that they are accessing, as tleman from California raised about audit conflicts have undercut the value well as more choices in the financial the visit to the firehouse by Senator of audits on financial firms, analyst re- alternatives they have to meet their LIEBERMAN. I had a similar situation in ports have shown significant evidence retirement needs. my office just last year where I had a of bias in comparing ratings. The law, I think this legislation takes a very young worker from my congressional ERISA, was designed to protect against balanced approach, and especially with district who had come in to talk to me. just these types of issues. some of the modifications that were He was a member of the machinist

VerDate 06-NOV-2001 23:48 Nov 15, 2001 Jkt 099060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\K15NO7.034 pfrm02 PsN: H15PT1 November 15, 2001 CONGRESSIONAL RECORD — HOUSE H8201 union. He did not want to talk about contribution plans, the need for a separate advice. The important thing is those kinds of issues that he had just strong prophylactic ERISA is greater that they should be able to get it. heard over at the machinist union. He than ever. We eviscerate those protec- This bill retains important safe- wanted to talk about investments; he tions within ERISA and we say, well, guards and includes new protections to wanted to talk about his future, his fi- let us disclose the conflicts. That is ensure that participants receive advice nancial future. He told me he was 30 grossly inadequate. that is solely in their best interests. years old, he had a couple of kids, he Surely we need to come up with bet- The measure requires that advice be had an IRA, he had a 401(k) plan, and ter investment advice for the partici- given only by fiduciary advisors which he was interested in the future of So- pants within pension plans, but we also are qualified, fully regulated entities, cial Security, and he was also inter- need to protect against conflicts. The like insurance companies and banks, ested in his ability to make sound deci- bill does not do that. The alternative that would be held liable for any fail- sions of his investments and his future. does. Maybe that is why the represent- ure to act solely in the interests of the That really is a striking example, I atives of the employees in the 401(k) worker. think, that we are seeing all over the plans, the AFL–CIO and so many oth- Moreover, the whole process is com- country. We have over half of the ers, the Consumer Federation of Amer- pletely voluntary, because the bill does households today who are invested in ica, et cetera, say support the sub- not require any employer to contract equities, over half of the households. stitute, but reject the bill that has with investment advisers, and no em- That is a sea change in the way Amer- been reported out of committee. ployee will be obligated to accept any ica looks at its investment opportuni- Mr. BOEHNER. Mr. Speaker, I am advice. ties. That is a huge change. Just 20, 25 pleased to yield such time as he may As Members can see, Mr. Speaker, years ago, two-thirds of people’s sav- consume to the gentleman from Cali- H.R. 2269 provides assistance for hard- working Americans so that they can ings were in bank deposits. Today, two- fornia (Mr. MCKEON), a subcommittee thirds of their savings are in equities. chairman over in our committee. wisely plan their retirement years. Therefore, I strongly urge all my col- That is a huge change that we have Mr. MCKEON. Mr. Speaker, I thank leagues to support this much-needed seen in this country. Let us treat these the gentleman for yielding. legislation. workers, these folks like adults. Let us I rise today in strong support of H.R. Mr. ANDREWS. Mr. Speaker, I am 2269, the Retirement Security Service not say to them they need to make de- pleased to yield 3 minutes to the dis- Act. I want to thank the gentleman cisions on their own. They need the tinguished gentlewoman from Hawaii kind of advice that this bill provides from Ohio (Mr. BOEHNER) and the gen- (Mrs. MINK), a member of our com- them. I urge strong support for this tleman from Texas (Mr. SAM JOHNSON), mittee. legislation. the subcommittee chairman, for bring- Mrs. MINK of Hawaii. Mr. Speaker, I Mr. MCDERMOTT. Mr. Speaker, I ing this important legislation to the thank the gentleman for yielding time yield 4 minutes to the gentleman from floor for our consideration. to me. New York (Mr. LAFALCE). Many workers might not know it, but I rise today, Mr. Speaker, to urge a (Mr. LAFALCE asked and was given there is an outdated provision within a no vote on H.R. 2269, the Retirement permission to revise and extend his re- 27-year-old Federal law that uninten- Security Advice Act of 2001. marks.) tionally prohibits their employers from When Congress enacted the Employee Mr. LAFALCE. Mr. Speaker, I rise in providing access to high-quality invest- Retirement Income Security Act, opposition to H.R. 2269. I was listening ment advice. The Employee Retire- known as ERISA, in 1964, the goal was to the distinguished chairman of the ment Income Security Act, also known to protect employee pension benefits, House Committee on Financial Serv- as ERISA, was written in 1974 at a time which it has done tenaciously since en- ices just now, and I have the honor of when no one had heard of 401(k) plans actment. serving as the ranking member. I guess and no one ever imagined that so many In the ensuing 27 years, employees we have heard different things at the people would participate in the stock have seen significant changes to their committee hearings and drawn dif- market like they do today. pension plans. Many companies no ferent conclusions. b 1215 longer offer predefined benefit plans, I heard about the tremendous con- and many workers place their retire- flicts of interest that existed within se- Under ERISA, the mutual funds, ment funds in stock markets using curities firms. Absolutely outrageous, banks, and insurance companies that 401(k) and other similar investment individuals getting participations administer 401(k)s can only provide plans. within IPOs and then giving analyst general investment education directly According to the Investment Com- advice concerning those IPOs. That is to participants in those plans. They are pany Institute, over 42 million people just one small example. prohibited from providing advice about use 401(k)s and other similar plans. I heard testimony that in the year a person’s specific investments. Last year, the total value of these 2000, of all of the recommendations Since last year when the market plans reached $2.6 trillion. These plans that were given regarding stocks, 1 per- began to slide and the economy began offer higher returns and, of course, cent were sell recommendations, 1 per- showing signs of weakness, many work- higher risks. cent in the year 2000. ers have watched their retirement sav- In today’s market, the value of one’s I heard testimony that talked about ings dwindle. People need sound advice, investments could change drastically earnings management or earnings ma- especially during these times, to maxi- in the course of a year or even 1 day. nipulation, earnings manipulation on mize their investment opportunities by With the highly volatile stock market, the part of the chief financial officers making it possible for workers to be no one questions the need for providing and the chief executive officers of able to get the same kind of advice good, sound, reliable advice to invest major corporations, Fortune 500 com- that wealthy individuals are able to one’s retirement funds. We must there- panies; earnings management, earnings pay for out of pocket. fore ensure that the underlying prin- manipulation by the audit committees H.R. 2269 would do just that. This leg- ciples behind ERISA remain intact. We of the board of directors, all, of course, islation modernizes ERISA to let em- must protect the interests of workers with stock options and a vested inter- ployers give their employees access to and their beneficiaries. est in what those earnings were. And high-quality, tailored investment ad- H.R. 2269 fails to provide the basic earnings management and earnings vice, as long as financial advisors fully protections that all workers deserve. manipulation on the part of the ac- disclose their fees and any potential The bill allows unqualified individuals counting firms who often had a conflict conflicts. to provide investment advice. We of interest also. I have heard some scare talk here should make advisers obtain Federal Mr. Speaker, disclosure does not do about, we need to protect people from and State licenses or other qualified the trick. Disclosure does not protect charlatans or from people who would certifications. They should not be con- the investor. In a day when we have take advantage of them. But I think nected in any way to the investment converted from primarily defined ben- that we need to give the people credit industry or investment companies who efit plans to overwhelmingly defined for understanding and being able to could benefit from the advice given.

VerDate 06-NOV-2001 23:48 Nov 15, 2001 Jkt 099060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\K15NO7.035 pfrm02 PsN: H15PT1 H8202 CONGRESSIONAL RECORD — HOUSE November 15, 2001 Advisors often receive financial re- Mr. BOEHNER. Mr. Speaker, I yield 2 ployees with investment advice if there wards for recommending certain in- minutes to the gentleman from New is any reason to think that the advisor vestments over others, but H.R. 2269 Jersey (Mr. HOLT), a member of our might benefit from recommending one does not require advisors to clearly dis- committee. investment or another. close their incentives for making a par- Mr. HOLT. Mr. Speaker, I thank the ERISA was enacted to protect work- ticular recommendation. Advisors can gentleman for yielding time to me. ers from abuses related to their bene- bury disclosures in a mound of paper- Mr. Speaker, I rise in support of the fits, and this protection has worked for work that the average investor will not Retirement Security Advice Act of over 25 years. But with H.R. 2269, we read or understand. Advisors who will 2001. We need to be sure that the law are saying that it is okay to have in- make money on giving advice should allows families to have a wide range of vestment sales folks at the workplace clearly and continually warn workers investment advice as they plan for under the guise of the employer’s en- of any conflicts of interest. their retirement. As we do so, we need dorsement providing investment advice Proponents of the bill say, well, the to ensure that there are adequate pro- to their employees. advice is free. This is not true. Each in- tections for these workers. Think about this: We have employees vestment that the worker makes will Under the bill, there are protections. with 401(k) plans, many of whom have pay from 1 to 1.5 percent of the money The advisors are subject to a fiduciary little or no knowledge of high finance. invested to the broker. There is big duty and will be personally liable for The employer brings an investment ad- money at stake involved in the advice failure to act solely in the interest of visor to the workplace. That has to ap- given and the advice taken. The bill al- the worker. Under the bill, the Labor pear as if the employer endorses what- lows investment companies to make Department is authorized to seek both ever this advisor is selling. Members billions of dollars every year. criminal and civil penalties if an advi- cannot tell me that most employees Advisors entangled with payoffs, de- sor breaches that responsibility. will not be strongly inclined to accept pending upon the advice given to the The language also contains provi- the investment advice given them worker, should be absolutely forbidden sions to ensure that there is full disclo- under those circumstances. in this access provision. sure in plain language to the workers If the advice is poor or, heaven for- The bill does not provide any remedy of fees and conflicts of interest. These bid, the advice is downright wrong, or or penalties for tainted advice. I urge disclosures and fiduciary protections if it is some kind of scam in the short this House to reject this legislation. are significantly stronger than the av- run, there is no protection for that em- Mr. BOEHNER. Mr. Speaker, I am erage investor has today. ployee. There is hope, however. Fortunately, pleased to yield 2 minutes to the gen- Now, the bill is not perfect. I believe we have a substitute to H.R. 2269. That tlewoman from Illinois (Mrs. BIGGERT), that we may strengthen the bill by is the Andrews substitute. The An- a member of our committee. adding provisions to make sure that Mrs. BIGGERT. Mr. Speaker, I thank drews substitute keeps the good idea of workers know where they can get a fi- the gentleman for yielding time to me. making investment advice available to nancial second opinion. I want to ex- Mr. Speaker, when a person has a employees in the workplace, but it press my appreciation to the gen- cold, he can go to his local drugstore builds on the protections in current tleman from Ohio (Chairman BOEHNER) and choose among dozens of different law that employees need and must for representing my views and agreeing cold remedies. When he is not sure have and must be able to depend on. which medicine is appropriate, there is to take these into consideration in con- The Andrews substitute is a win-win a pharmacist available who can provide ference. I want to continue to work for employees, and I urge my col- expert advice and help him to make the with him and the gentleman from Cali- leagues to vote against H.R. 2269 unless best selection. fornia (Chairman THOMAS) on this sub- the substitute is included. ject as the bill moves through the leg- Yet, when it comes to 401(k) plans in f the workplace, Congress, in effect, has islative process. gagged the pharmacist. Employers pay This bill gives workers important PARLIAMENTARY INQUIRY good money to provide an excellent new options they do not now have. Mr. BOEHNER. Parliamentary in- benefit to their employees, 401(k) plans That is why we want to do it. It mod- quiry, Mr. Speaker. run by professionals, yet our 27-year- ernizes the law to reflect the realities The SPEAKER pro tempore (Mr. old law, ERISA, effectively silences of the real world, the way people actu- LAHOOD). The gentleman will state it. those investment professionals, deny- ally invest and plan their retirements Mr. BOEHNER. Mr. Speaker, we just ing employees a major part of the ben- today. This is a step forward and wor- have the remaining time we expect to efit their employer has intended for thy of support. use. Who has the right to close, or what them. Mr. ANDREWS. Mr. Speaker, I am would the order of closing be? Now, more than ever, Americans in- happy to yield 3 minutes to the gentle- The SPEAKER pro tempore. The vesting their retirement income in woman from California (Ms. WOOLSEY), Committee on Ways and Means will 401(k) plans need access to critical in- a real authority on human resources finish their time first, and then the vestment advice that will help them and employee relations. gentleman from Ohio (Mr. BOEHNER) achieve their financial goals. The Re- (Ms. WOOLSEY asked and was given has the right to close. tirement Security Advice Act of 2001 permission to revise and extend her re- Mr. BOEHNER. I thank the Chair. updates our laws so workers can have marks.) Mr. MCDERMOTT. Mr. Speaker, I access to high-quality professional in- Ms. WOOLSEY. Mr. Speaker, I thank yield myself such time as I may con- vestment advice. These advisors will be the gentleman for yielding time to me. sume. Mr. Speaker, sometimes when I come required to fully disclose their fees and Mr. Speaker, H.R. 2269 is a prime ex- out on this floor I think I have entered any potential conflicts. This legisla- ample of how a good idea can be turned into a bad bill. It is a good idea to the French theater of the absurd. tion also establishes important safe- We are having a bill brought here to make investment advice available to guards to ensure that investors’ goals us about financial advice. I remember, employees at their workplace. Of are met. when this year started, that we had $5.6 Mr. Speaker, let us stop gagging the course it is a good idea. But allowing trillion in surplus, and all the discus- self-interested advisors, those who pharmacist or silencing the investment sion was about what should we do with could benefit from the advice they advisor. Let us make it easier for the it: Shall we pay off the debt? Shall we give, in the workplace is not a good 42 million Americans who participate save it for Social Security? Shall we idea; it is an extremely bad idea. But in 401(k) plans to choose among invest- save it for Medicare? ments. Let us pass H.R. 2269, which will that is exactly what H.R. 2269 does. The decision was, oh, the first thing increase employee participation and Please remember why ERISA was en- we should do is give about $2 trillion of enable more workers to live out their acted in the first place. It was enacted it away. American dreams. to protect workers from abuses related I urge my colleagues to support the to their benefits. So ERISA now pro- b 1230 Retirement Security Advice Act of hibits investment advisors from com- We are going to do that with a tax 2001. ing to a workplace and providing em- break. We said it is 130 trillion, but it

VerDate 06-NOV-2001 00:46 Nov 16, 2001 Jkt 099060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\K15NO7.037 pfrm13 PsN: H15PT1 November 15, 2001 CONGRESSIONAL RECORD — HOUSE H8203 turned out to be more like two, and so flict of interest about it, what do you service if their employers offered it, we go. do at that point? You say to your em- and we have been hearing about banks. We have now spent all the Social Se- ployer, give me another advisor. Banks are regularly examined. Ex- curity money. That is the advice we The bill does not allow that. It does aminations occur frequently. Bank are giving to the American people, and not say you can give me this guy with tellers cannot provide investment ad- then we say, we want to turn you over the vested interest, but I would also vice. Bank trust departments have a to the hands of these nice salesmen, like one who is just sort of on my side long history of trust investment, and they will take care of you. We have maybe, and maybe I can get back at they have been managing trusts for taken away their medical security. We him if he gives me bad advice. We say over two centuries. Banks manage over have not even put the money that they to the workers of this country, we are $2 trillion in employment benefit contributed into the Medicare pro- going to take this away from you at trusts, and banks have strong capital, gram. If we were under ERISA, we the very time when we are acting fi- which provides added protection for would be before the courts for the way nancially as irresponsible as we could funds being invested. I doubt there is a we are handling the investments of our be. bank in this country that would allow constituents. We are the Congress. If it was run by their trust department to make bad ad- We got so wild around here with our the House of Representatives, we would vice because the bank would be out of tax cuts and all the problems after be borrowing money right now to give business. they figured it all out, and said, well, back to the companies of this country Recent market volatility tells us in- we need an economic stimulus bill. So $25 billion they paid back in 1986. That vestment decisions must be based on we come out here with a nonsense bill, is the kind of financial advice we are solid and experienced judgment. Yet, as give it another $161 billion off to major giving this country. We are saying, of today, we continue to deny our em- companies in this country. This is our well, we are going to stimulate things, ployees the same tools that corpora- advice to America. This is what we we are going to give money back to tions and unions are allowed to use in think and then this bill is the follow- IBM and Ford and all those companies making sound investment decisions for on. while they are laying people off. We their defined benefit plans. This bill That nonsense of the stimulus pack- give $15 billion to the airlines because changes that. Simply put, this measure age has run into the ditch over in the we do not want them to get in trouble, ends investment ignorance and pro- Senate. I never thought I would count right, and all those investment people vides workers full control over their in- on another body to save us from our- are out there selling those stocks, vestment decisions. It repeals an out- selves. I know they are going to save us right, keep buying that American Air- dated 1974 law that denies millions of from this bill ultimately. This really lines and United Airlines and all those Americans access to investment advice looks to me like, the other bill, sort of stocks. that could help them make the most of a fund-raising bill, and when I stand So we give them $15 billion. We are their retirement savings. here and think about it and listen to going to stabilize it. We do not give one No longer will wealthy individuals be all this talk, I cannot help thinking single penny to the workers for their the only ones to enjoy the luxury of about my grandfather. health insurance or for their unem- being able to afford their own profes- He was an Irish immigrant, went to ployment, and they lay off 100,000 peo- sional investment advice. Now low and the second grade. He could read the ple in the airline industry, and Boeing middle income Americans will have the newspaper a little bit and he could sign lays off 30,000 because when the airline same choice. his name. That was the basis of his industry goes down, so does Boeing go Since individuals bear the risk of education. He was a hod carrier down down and everybody else; but they stock market volatility in their 401(k) in central Illinois, and in the 1920s, have still got their 401(k), and we say, accounts, they are the ones who must there was a scam in this country. A well, we are going to give you an advi- have advice on how to better diversify guy named Samuel Insull was selling sor to tell you what to do with your their portfolios so they are financially energy stock or utility stock all over money, and that is business. prepared for retirement. the country, and the whole rage in this I say this is bad legislation. It looks H.R. 2269 will permit employers to little town where my grandparents to me like a fund-raising piece, not a offer investment advice as an employee lived, Streator, Illinois, everybody was real serious effort to take care of peo- benefit. This legislation does not re- buying Insull stock, you have got to ple’s investments. If the amendments quire any employer to contract with an buy Insull stock, you are going to get that were offered here were accepted, investment advisor and no employee is rich, real rich real quick. Everybody in all of us would be in favor of it. We under any obligation to accept or fol- the neighborhood was borrowing and think people ought to have advice, but low any advice. putting their money into the Insull it has got to be advice that is not con- This bill is good policy for today’s business. flicted, that does not have its own workers and tomorrow’s retirees. That My grandmother came to my grand- pocket interest, and I think that we is why the bill has been endorsed by father and said, well, Jim, I think we will have a substitute offered by the the Department of Labor, the Depart- should buy some of that Insull stock, gentleman from New Jersey (Mr. AN- ment of Treasury and the Department and he said to her, if this is such a good DREWS) and the gentleman from New of Commerce. idea, why are those boys from Chicago York (Mr. RANGEL) which will fix this In testifying before my sub- down here in the cornfield selling it to bill, but I urge people to vote against committee, Department of Labor As- us? He did not put any of his money in. the bill. sistant Secretary Ann Combs praised He said we have got $500 in the bank. I Mr. Speaker, I yield back the balance the bill and said, ‘‘We believe the bill tell you what, Jane, you can take your of my time. creates a strong protective framework 250 and put it in the stock, but I am Mr. SAM JOHNSON of Texas. Mr. for the provision of investment advice keeping mine in the bank. Speaker, I yield myself such time as I to participants. Both the Committee She followed his advice, and they had may consume. on Ways and Means and the Committee their money when Insull went belly up There is a broad consensus that on Education and the Workforce have in 1929, and everybody in Streator, Illi- workers need access to expert invest- worked hard to take a balanced ap- nois, lost every blooming dime they ment advice. I did not know we were proach for increasing worker access to had put in it. going to talk about tax relief and other advice while including safeguards to Investment advice to ordinary people subjects, but there are only 16 percent protect employees’ interests. is a big issue. If you are a hod carrier of 401(k) participants that have access I urge Members to join all of us in or you are a cab driver or you are doing to investment advice through their re- supporting H.R. 2269. Without it, mil- any one of a number of jobs in this tirement plans, and only 17 percent lions of Americans will be in the dark country and you are suddenly faced have access through outside advisors. in protecting and growing their retire- with this question of what should I do Seventy-five percent of full-time em- ment nest egg. with my money for when I get old and ployees surveyed said they would take Mr. Speaker, I yield back the balance somebody comes to you who has a con- advantage of individualized advice of my time.

VerDate 06-NOV-2001 00:46 Nov 16, 2001 Jkt 099060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\K15NO7.060 pfrm13 PsN: H15PT1 H8204 CONGRESSIONAL RECORD — HOUSE November 15, 2001 Mr. ANDREWS. Mr. Speaker, I yield Is there risk involved in this bill? Advice Act of 2001, introduced by Representa- myself such time as I may consume. Yes, there is. Do we think American tive BOEHNER. The bill not only neglects to Mr. Speaker, I urge my colleagues to workers are smart enough and bright provide any type of security for workers’ retire- vote against this bill. People need in- enough to make these decisions? Yes, ment, but it actually puts worker retirement vestment advice, that is true, but it is they are. plans at greater risk for fraudulent activity. also true they are getting it from the It is a completely voluntary program Workers need independent financial advice, independent sources that are out there for employers and employees. Once the not advice plagued by self-interest. Current in increasingly high numbers. advice is given within the safeguards pension law ensures that those who manage Just 2 years ago only 17 percent of that will be outlined in this bill, the or administer assets of a pension plan cannot employers were offering investment ad- employee has no inhibitions about engage in any transaction under the plan in vice options; today it is up to 31 per- making their own decisions about how which they have a financial or other conflict of cent, nearly double, and it is growing. they want to allocate their assets and interest. These rules, known as the prohibited When someone goes for investment ad- their needs based on their own retire- transaction rules, are designed to ensure that vice and the advice is being given by a ments. the best interest of the investor is maintained. conflicted advisor, that conflict ought The problem that we have with the When these rules are eliminated, as H.R. to be disclosed at the time of the deci- additional safeguards that are being 2269 calls for, the integrity of the pension sys- sion. That does not happen under this proposed here is that they will so re- tem is threatened by fraud and abuse. bill. strict the ability to get advice that we For example, one of our nation’s premier in- The advisor ought to be completely will get what we have today and that is vestment companies, Prudential, in 1996, qualified and accountable. That does no advice at all. Now, if our goal truly agreed to pay at least $410 million in restitu- not happen under this bill. The person is to provide more investment advice tion and fines to compensate investors who receiving the advice ought to know for American workers, we have got to suffered losses to fraud as far back as 1980. that he or she has other independent strike a balance, a balance that will Many Wall Street brokerage firms sold limited choices. That does not happen under work for employers and those who partnerships in the 1980’s to customers seek- this bill. And if the advice that is given would be there to provide advice. ing tax deductions and the potential for profit Now, we are hearing an awful lot of is bad and hurts the investor, there from asset appreciation. However, these in- criticism about people who sell prod- ought to be adequate remedies to make vestments were typically suitable only for ucts and the fact that under this bill that investor whole. That does not hap- wealthy investors because of their speculative they would be able to give advice after pen under this bill. nature. Prudential made nearly $1 billion in they have disclosed any potential con- For all of these reasons, and the oth- commissions and fees from the sale of its flicts, after they have disclosed their ers stated by my colleagues, I would partnerships. In addition to the limited partner- urge a vote against the underlying leg- fees, and with other protections. Now, what they really want to do is, ship claims, widespread securities law viola- islation. they want to eliminate this sector tions were made at various Prudential Mr. Speaker, I yield back the balance from being able to give advice. These branches across the country. These practices of my time. included: Mr. BOEHNER. Mr. Speaker, I yield are the most respected investment firms in the country, with the best Lying about risk—Selling risky real estate myself the balance of my time. and energy partnerships to pension funds, re- Mr. Speaker, I think all of us agree track record of investment advice in the country, that we would want to tirees and other individual investors who were that we want to do everything possible told their investments were safe. to improve the retirement security of shove out of this market and prevent these people from giving their exper- Lying about return—Publishing promotional all American workers. And I think, tise and advice to the American work- material that misled investors about the return based on what we have heard here ers. I just do not think that that makes they could expect on their money. today, all of the Members believe that any sense in the marketplace we are in. Turning a blind eye to a subsidiary—Inad- providing investment advice for those And so I think if we all step back and equately supervising the subsidiary that adver- employees who have self-directed pen- look at where we are trying to go, I tised and sold the partnerships. sion accounts is vital. have worked with Members on both Turning a blind eye to employees—Inad- In 1974, when ERISA was enacted, 95 sides of the aisle trying to craft a prop- equately supervising employees in nine percent of pension assets were in de- er set of balances. branch offices, whose fraudulent practices re- fined benefit programs. And no one in sulted in losses of hundreds of thousands of 1974 with the enactment of ERISA ever b 1245 dollars from customers. envisioned that we would have the And in the debate today, the gen- Churning—Trading excessively without au- number of self-directed accounts, such tleman from North Dakota (Mr. POM- thorization in clients’ accounts to increase bro- as 401(k) accounts, and the amount of EROY) and I came to an agreement to kers’ commissions. participation and the huge shift in as- add additional protections to this bill The settlement affected 8 million investors sets away from defined benefit plans that I do think will protect American in every state, the District of Columbia and towards defined contribution plans. workers more without hindering the Puerto Rico. Many of the investors were elder- What that has done is leave us in a ability of employers or their agents to ly and faced the risk of not being com- situation today, where millions of provide the kind of investment advice pensated in their lifetime. American workers have trillions of dol- that American workers so sorely need Workers should have access to investment lars in their retirement savings, that and want today. advice they can be certain is neither influ- basically they are left to their own So I would ask my colleagues, as we enced by corporate profit motives or driven by ability to hire an investment advisor, continue to move this process along, a company’s need to unload undesirable fi- because under the law as written in that we continue to work together to nancial products. H.R. 2269 undermines that 1974, we have so protected and insu- try to find the right balance, because, certainty by permitting advisors to provide plan lated American workers that there is as we know, the action in the House participants with self-interested advice regard- really no place they can turn for ad- today will not be the end of the proc- ing the investment options under the plan, as vice. And so where do they turn for ad- ess. It is actually the beginning of the well as asset allocation. Under H.R. 2269, vice? They turn to Bob at the coffee process. This bill will have to go both financially sophisticated and financially in- shop. through the Senate, and I am confident experienced workers would lose access to So what we are trying to do here in that we will be able to continue to independent investment advice under their this bill today is to provide a mecha- move this in a strong bipartisan man- 401(k) plans. Clearly, this provides less secu- nism for providing specific investment ner. rity than employees currently receive and has advice to employees while providing I ask all of my colleagues today to the potential for fraudulent activity that would safeguards to protect their retirement support the underlying bill and do be virtually impossible to remedy under our ju- security. We believe that there has to what we can to help American workers dicial system. be a balance between the offering of increase their retirement security. The fraudulent Prudential activity illustrates the advice and the amount of protec- Mr. STARK. Mr. Speaker, I oppose H.R. the need for unbiased, independent invest- tions. 2269, the falsely named Retirement Security ment advice for employees. We cannot allow

VerDate 06-NOV-2001 00:46 Nov 16, 2001 Jkt 099060 PO 00000 Frm 00022 Fmt 7634 Sfmt 9920 E:\CR\FM\K15NO7.041 pfrm13 PsN: H15PT1 November 15, 2001 CONGRESSIONAL RECORD — HOUSE H8205 motivation and campaign contributions from vice provided. The bill before the House says Under current law, employers are discour- the securities, banking and insurance industry that if the employer exercises prudence in se- aged from providing this service because em- to imperil the pensions of 42 million workers lecting the adviser, he or she will not be sub- ployers may be held liable for specific advice who participate in self-directed pension plans. ject to liability for the advice provided. This is that is provided to their employees. H.R. 2269 It is easy to see who will benefit from this bill a good, sensible reform, and I support it. removes the barrier to employers contracting when organizations like Prudential and The second issue addressed by the bill with advice providers and their workers by Citigroup support the bill and organizations goes to the current restrictions within ERISA clarifying that employers are not responsible that oppose it include AARP and the AFL– dealing with ‘‘prohibited transactions.’’ ERISA for the individual advice given by professional CIO. contains important protections that prevent in- advisers to individual participants. Workers won’t get the critical independent vestment advisers from advising plan partici- Under this legislation, investment advice advice from the Boehner bill, but they will from pants to invest in products where the adviser may only be offered by ‘‘fiduciary advisors’’— the Democratic substitute bill. The Democratic has a conflict of interest. It is a sensible pro- qualified entities that are already fully regu- substitute bill requires that if a conflict of inter- tection, and one that should only be lifted with lated under other federal and state laws, such est exists, that the investment advisor would great care. as registered investment advisers, registered be required to provide additional independent The bill before us does not, in my judgment, broker dealers, insurance companies, and advice at no additional charge to the investor. provide satisfactory protections for workers banks. Existing federal and state laws that If Prudential is going to make a greater profit faced with investment advisers providing con- regulate individual industries will continue to by advising the investor to invest in Prudential flicted advice. The bill will require advisers to apply. Moreover, employers will remain re- funds, then an independent advisor with no disclose that they are in a position to make sponsible under ERISA fiduciary rules for the such direct profit interest, must be available to money on the advice they are offering. That is prudent selection and periodic review of any either validate Prudential’s advice or provide an important provision, and the disclosure pro- investment advisor. alternative advice to give the employee a less visions were strengthened by the amendment I urge my colleagues to support H.R. 2269 biased opinion. presented by the Chairman of the Ways and as amended by the rule. The debate is clear. The bill before us will Means Committee. Mr. BOEHNER. Mr. Speaker, I yield hurt the retirement of millions of workers, but But disclosure of the conflict by itself is not back the balance of my time. it will increase profits for investment advisors enough. Workers need to know more than that The SPEAKER pro tempore (Mr. and investment companies. I urge my col- the person sitting in front of them will make LAHOOD). All time for general debate leagues to vote for the Democratic substitute money if their advice is followed. They need to on this bill has expired. bill and vote no on H.R. 2269. have a full range of investment options. They AMENDMENT IN THE NATURE OF A SUBSTITUTE Mr. CARDIN. Mr. Speaker, over the past need to know the range of fees that are OFFERED BY MR. ANDREWS twenty years, this country has witnessed a charged for different types of investments, and Mr. ANDREWS. Mr. Speaker, as the revolution in the way American workers save how those fees will affect their long-term re- designee of the gentleman from Cali- for their retirement. The central feature of this turns. fornia (Mr. GEORGE MILLER), I offer an revolution has been the shift from defined ben- In short, this bill does not provide any assur- amendment in the nature of a sub- efit to defined contribution plans, and, in par- ance or requirement that workers will have the stitute. ticular, the explosion in the growth of 401(k) information they need to make prudent invest- The text of the amendment in the na- plans. Through employer-sponsored 401(k) ment decisions. On the other hand, at the end ture of a substitute is as follows: plans, tens of millions of middle class Ameri- of this debate, we will have a substitute that Amendment in the nature of a substitute cans have entered the investment class, many attempts to address these problems. I cer- printed in part B of House Report 107–289 of- fered by Mr. ANDREWS: of them encountering their first exposure to tainly commend the gentleman from New Jer- Strike all after the enacting clause and in- the workings of the stock markets. sey for his work on this issue and for his long- sert the following: This trend has important implications with standing commitment to expanding retirement SECTION 1. SHORT TITLE. respect to the retirement security of these savings opportunities for American workers. This Act may be cited as the ‘‘Retirement workers. Under the defined benefit model, the But I am concerned that the substitute im- Security Advice Act of 2001’’. risk and responsibility for making prudent in- poses requirements that will make it unlikely SEC. 2. PROHIBITED TRANSACTION EXEMPTION vestments rests with the employer. At the end that employers will take the necessary first FOR THE PROVISION OF INVEST- of the day, the employer is on the hook to pro- step of providing investment advice to their MENT ADVICE. vide the promised benefits. Should the em- workers. (a) AMENDMENTS TO THE INTERNAL REVENUE CODE OF 1986.— Mr. Speaker, America’s workers need in- ployer fail to meet this obligation, the federal (1) IN GENERAL.—Subsection (d) of section government, through the Pension Benefit vestment advice on their retirement savings 4975 of the Internal Revenue Code of 1986 (re- Guaranty Corporation, provides added protec- accounts. Unfortunately, today we have two lating to exemptions from tax on prohibited tion to make sure those benefits will be there choices. The Republican bill takes the position transactions) is amended by striking ‘‘or’’ at when workers retire. that bad advice is better than no advice, and the end of paragraph (14), by striking the pe- In the 401(k) world, however, the risk and the substitute takes the position that no advice riod at the end of paragraph (15) and insert- the responsibility rest with the worker. Indi- is better than bad advice. The right answer, of ing ‘‘;or’’; and by adding at the end the fol- vidual investment choices and decisions can course, is that what the 42 million Americans lowing new paragraph: ‘‘(16) any transaction described in sub- make a huge difference in terms of the size of who participate in a 401(k) account need is section (f)(7)(A) in connection with the pro- the retirement nest egg that a worker accumu- not bad advice, or no advice, but good advice. vision of investment advice described in sub- lates. For many workers, this reality leads to We need to put together a bill that will give section (e)(3)(B), in any case in which— one very basic question: ‘‘Where should I put employers, workers, and the investment com- ‘‘(A) the plan provides for individual ac- my money?’’ munity the chance to get that job done. counts and permits a participant or bene- This bill recognizes the need to provide Mr. CRANE. Mr. Speaker, I rise in strong ficiary to exercise control over assets in his workers with a responsible, reliable answer to support of the Retirement Security Advice Act or her account, that question. I commend the gentleman from of 2001. As a cosponsor of this legislation, I ‘‘(B) the advice is qualified investment ad- vice provided to a participant or beneficiary Ohio, the Chairman of the Education and the would like to commend Mr. JOHNSON of Texas, of the plan by a fiduciary adviser in connec- Workforce Committee, for his leadership on Chairman THOMAS, and Chairman BOEHNER tion with any sale, acquisition, or holding of this issue. He has recognized that the need for crafting common sense legislation that will a security or other property for purposes of for retirement investment advice for America’s help millions of hard-working Americans plan investment of plan assets, and workers is great, and deserves our thanks for more wisely for their retirement. ‘‘(C) the requirements of subsection bringing this issue to the fore. Mr. Speaker, while ERISA law is quite com- (f)(7)(B) are met in connection with each in- The bill does two things to make it more plicated, this legislation is quite simple. It al- stance of the provision of the advice.’’. possible for workers to get investment advice. lows employers to provide their workers with (2) RULES RELATING TO INVESTMENT ADVICE First, it provides liability relief for employers. access to professional investment advice as PROVIDED BY FIDUCIARY ADVISERS.—Sub- section (f) of section 4975 of such Code (relat- Currently, surveys of employers tell us that a long as the investment advisers fully disclose ing to other definitions and special rules) is major impediment to employers retaining in- their fees and any potential conflicts. At the amended by adding at the end the following vestment advice firms for their employees is same time, it establishes significant safe- new paragraph: the concern that they, the employer, will ulti- guards to ensure that these workers receive ‘‘(7) INVESTMENT ADVICE PROVIDED BY FIDU- mately be held responsible for the specific ad- advice that is solely in their best interests. CIARY ADVISERS.—

VerDate 06-NOV-2001 00:46 Nov 16, 2001 Jkt 099060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\A15NO7.016 pfrm13 PsN: H15PT1 H8206 CONGRESSIONAL RECORD — HOUSE November 15, 2001

‘‘(A) ALLOWABLE TRANSACTIONS.—The LAWS.—The fiduciary adviser shall provide duciary adviser to a participant or bene- transactions described in this subsection, in appropriate disclosure, in connection with ficiary regarding any security or other prop- connection with the provision of investment the sale, acquisition, or holding of the secu- erty, if the fiduciary adviser— advice by a fiduciary adviser, are the fol- rity or other property, in accordance with all ‘‘(I) has an interest in the security or other lowing: applicable securities laws. property, or ‘‘(i) the provision of the advice to the par- ‘‘(iii) TRANSACTION OCCURRING SOLELY AT ‘‘(II) has an affiliation or contractual rela- ticipant or beneficiary; DIRECTION OF RECIPIENT OF ADVICE.—The sale, tionship with any third party that has an in- ‘‘(ii) the sale, acquisition, or holding of a acquisition, or holding of the security or terest in the security or other property, security or other property (including any other property shall occur solely at the di- the requirements of subparagraph (B) shall lending of money or other extension of credit rection of the recipient of the advice. be treated as not met in connection with the associated with the sale, acquisition, or ‘‘(iv) REASONABLE COMPENSATION.—The advice unless the fiduciary adviser has ar- holding of a security or other property) pur- compensation received by the fiduciary ad- ranged, as an alternative to the advice that suant to the advice; and viser and affiliates thereof in connection would otherwise be provided by the fiduciary ‘‘(iii) the direct or indirect receipt of fees with the sale, acquisition, or holding of the advisor, for qualified investment advice with or other compensation by the fiduciary ad- security or other property shall be reason- respect to the security or other property pro- viser or an affiliate thereof (or any em- able. vided by at least one alternative investment ployee, agent, or registered representative of ‘‘(v) ARM’S LENGTH TRANSACTION.—The adviser meeting the requirements of clause the fiduciary adviser or affiliate) in connec- terms of the sale, acquisition, or holding of (ii). tion with the provision of the advice. the security or other property shall be at ‘‘(ii) INDEPENDENCE AND QUALIFICATIONS OF ‘‘(B) REQUIREMENTS FOR EXEMPTION FROM least as favorable to the plan as an arm’s ALTERNATIVE INVESTMENT ADVISER.—Any al- PROHIBITED TRANSACTIONS WITH RESPECT TO length transaction would be. ternative investment adviser whose qualified PROVISION OF INVESTMENT ADVICE.—The re- ‘‘(C) CONTINUED AVAILABILITY OF INFORMA- investment advice is arranged for by a fidu- quirements of this subparagraph are met in TION FOR AT LEAST 1 YEAR.—The requirements ciary adviser pursuant to clause (i)— connection with the provision of qualified in- of subparagraph (B)(i) shall be deemed not to ‘‘(I) shall have no material interest in, and vestment advice provided to a participant or have been met in connection with the initial beneficiary of an employee benefit plan by a or any subsequent provision of advice de- no material affiliation or contractual rela- fiduciary adviser with respect to the plan in scribed in subparagraph (B) if, at any time tionship with any third party having a mate- connection with any sale, acquisition, or during the 1-year period following the provi- rial interest in, the security or other prop- holding of a security or other property for sion of the advice, the fiduciary adviser fails erty with respect to which the investment purposes of investment of amounts held by to maintain the information described in adviser is providing the advice, and the plan, if the requirements of the following subclauses (I) through (IV) of subparagraph ‘‘(II) shall meet the requirements of a fidu- clauses are met: (B)(i) in currently accurate form or to make ciary adviser under subparagraph (H)(ii) and ‘‘(i) WRITTEN OR ELECTRONIC DISCLOSURES.— the information available, upon request and (iii), except that an alternative investment At a time contemporaneous with the provi- without charge, to the recipient of the ad- adviser may not be a fiduciary of the plan sion of the advice in connection with the vice. other than in connection with the provision sale, acquisition, or holding of the security ‘‘(D) EVIDENCE OF COMPLIANCE MAINTAINED of the advice. or other property, the fiduciary adviser shall FOR AT LEAST 6 YEARS.—A fiduciary adviser ‘‘(iii) SCOPE AND FEES OF ALTERNATIVE IN- provide to the recipient of the advice a clear referred to in subparagraph (B) who has pro- VESTMENT ADVICE.—Any qualified investment and conspicuous notification, written (or by vided advice referred to in such subpara- advice provided pursuant to this subpara- electronic means) in a manner to be reason- graph shall, for a period of not less than 6 graph by an alternative investment adviser ably understood by the average plan partici- years after the provision of the advice, main- shall be of the same type and scope, and pro- pant pursuant to regulations which shall be tain any records necessary for determining vided under the same terms and conditions prescribed by the Secretary (including math- whether the requirements of the preceding (including no additional charge to the par- ematical examples), of the following: provisions of this paragraph and of sub- ticipant or beneficiary), as apply with re- ‘‘(I) INTERESTS HELD BY THE FIDUCIARY AD- section (d)(16) have been met. A transaction spect to the qualified investment advice to VISER.—Any interest of the fiduciary adviser prohibited under subsection (c)(1) shall not be provided by the fiduciary adviser. in, or any affiliation or contractual relation- be considered to have occurred solely be- ‘‘(H) FIDUCIARY ADVISER DEFINED.—For pur- ship of the fiduciary adviser (or affiliates cause the records are lost or destroyed prior poses of this paragraph and subsection thereof) with any third party having an in- to the end of the 6-year period due to cir- (d)(16)— terest in, the security or other property. cumstances beyond the control of the fidu- ‘‘(i) IN GENERAL.—The term ‘fiduciary ad- ‘‘(II) RELATED FEES OR COMPENSATION IN ciary adviser. viser’ means, with respect to a plan, a person CONNECTION WITH THE PROVISION OF THE AD- ‘‘(E) MODEL DISCLOSURE FORMS.—The Sec- who— VICE.—All fees or other compensation relat- retary shall prescribe regulations setting ‘‘(I) is a fiduciary of the plan by reason of ing to the advice (including fees or other forth model disclosure forms to assist fidu- the provision of qualified investment advice compensation itemized with respect to each ciary advisers in complying with the disclo- by such person to a participant or bene- security or other property with respect to sure requirements of under this paragraph. ficiary, which the advice is provided) that the fidu- ‘‘(F) ANNUAL REVIEWS BY THE SECRETARY.— ‘‘(II) meets the qualifications of clause (ii), ciary adviser (or any affiliate thereof) is to The Secretary shall conduct annual reviews and receive (including compensation provided by of randomly selected fiduciary advisers pro- ‘‘(III) meets the additional requirements of any third party) in connection with the pro- viding qualified investment advice to par- clause (iii). vision of the advice or in connection with ticipants and beneficiaries. In the case of ‘‘(ii) QUALIFICATIONS.—A person meets the the sale, acquisition, or holding of the secu- each review, the Secretary shall review the qualifications of this clause if such person— rity or other property. following: ‘‘(I) is registered as an investment adviser ‘‘(III) ONGOING FEES OR COMPENSATION IN ‘‘(i) COMPLIANCE BY ADVICE COMPUTER MOD- under the Investment Advisers Act of 1940 (15 CONNECTION WITH THE SECURITY OR PROPERTY ELS WITH REASONABLE INVESTMENT METH- U.S.C. 80b–1 et seq.), INVOLVED.—All fees or other compensation ODOLOGIES.—The extent to which advice com- ‘‘(II) if not registered as an investment ad- that the fiduciary adviser (or any affiliate puter models employed by the fiduciary ad- viser under such Act by reason of section thereof) is to receive, on an ongoing basis, in viser comply with reasonable investment 203A(a)(1) of such Act (15 U.S.C. 80b–3a(a)(1)), connection with any security or other prop- methodologies. is registered under the laws of the State in erty with respect to which the fiduciary ad- ‘‘(ii) COMPLIANCE WITH DISCLOSURE REQUIRE- which the fiduciary maintains its principal viser gives the advice. MENTS.—The extent to which disclosures pro- office and place of business, and, at the time ‘‘(IV) APPLICABLE LIMITATIONS ON SCOPE OF vided by the fiduciary adviser have complied the fiduciary last filed the registration form ADVICE.—Any limitation placed (in accord- with the requirements of this subsection. most recently filed by the fiduciary with ance with the requirements of this sub- ‘‘(iii) EXTENT OF VIOLATIONS.—The extent such State in order to maintain the fidu- section) on the scope of the advice to be pro- to which any violations of fiduciary duties ciary’s registration under the laws of such vided by the fiduciary adviser with respect have occurred in connection with the provi- State, also filed a copy of such form with the to the sale, acquisition, or holding of the se- sion of the advice. Secretary, curity or other property. ‘‘(iv) EXTENT OF REPORTED COMPLAINTS.— ‘‘(III) is registered as a broker or dealer ‘‘(V) TYPES OF SERVICES GENERALLY OF- The extent to which complaints to relevant under the Securities Exchange Act of 1934 (15 FERED.—The types of services offered by the agencies have been made in connection with U.S.C. 78a et seq.), fiduciary adviser in connection with the pro- the provision of the advice. ‘‘(IV) is a bank or similar financial institu- vision of qualified investment advice by the Any proprietary information obtained by the tion referred to in subsection (d)(4), fiduciary adviser. Secretary shall be treated as confidential. ‘‘(V) is an insurance company qualified to ‘‘(VI) FIDUCIARY STATUS OF THE FIDUCIARY ‘‘(G) DUTY OF CONFLICTED FIDUCIARY AD- do business under the laws of a State, or ADVISER.—That the fiduciary advisor is a fi- VISER TO PROVIDE FOR ALTERNATIVE INDE- ‘‘(VI) is any other comparable qualified en- duciary of the plan. PENDENT ADVICE.— tity which satisfies such criteria as the Sec- ‘‘(ii) DISCLOSURE BY FIDUCIARY ADVISER IN ‘‘(i) IN GENERAL.—In connection with any retary determines appropriate consistent ACCORDANCE WITH APPLICABLE SECURITIES qualified investment advice provided by a fi- with the purpose of this subsection.

VerDate 06-NOV-2001 00:46 Nov 16, 2001 Jkt 099060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\A15NO7.005 pfrm13 PsN: H15PT1 November 15, 2001 CONGRESSIONAL RECORD — HOUSE H8207

‘‘(iii) ADDITIONAL REQUIREMENTS WITH RE- ‘‘(B) The transactions described in this ‘‘(B) DISCLOSURE BY FIDUCIARY ADVISER IN SPECT TO CERTAIN EMPLOYEES OR OTHER subparagraph are the following: ACCORDANCE WITH APPLICABLE SECURITIES AGENTS OF CERTAIN ADVISERS.—A person ‘‘(i) the provision of the advice to the par- LAWS.—The fiduciary adviser shall provide meets the additional requirements of this ticipant or beneficiary; appropriate disclosure, in connection with clause if every individual who is employed ‘‘(ii) the sale, acquisition, or holding of a any the sale, acquisition, or holding of the (or otherwise compensated) by such person security or other property (including any security or other property, in accordance and whose scope of duties includes the provi- lending of money or other extension of credit with all applicable securities laws. sion of qualified investment advice on behalf associated with the sale, acquisition, or ‘‘(C) TRANSACTION OCCURRING SOLELY AT DI- of such person to any participant or bene- holding of a security or other property) pur- RECTION OF RECIPIENT OF ADVICE.—The sale, ficiary is— suant to the advice; and acquisition, or holding of the security or ‘‘(I) a registered representative of such per- ‘‘(iii) the direct or indirect receipt of fees other property shall occur solely at the di- son, or other compensation by the fiduciary ad- rection of the recipient of the advice. ‘‘(II) an individual described in subclause viser or an affiliate thereof (or any em- ‘‘(D) REASONABLE COMPENSATION.—The (I), (II), or (III) of clause (ii), or ployee, agent, or registered representative of compensation received by the fiduciary ad- ‘‘(III) such other comparable qualified indi- the fiduciary adviser or affiliate) in connec- viser and affiliates thereof in connection vidual who satisfies such criteria as the Sec- tion with the provision of the advice.’’. with the sale, acquisition, or holding of the retary determines appropriate consistent (2) REQUIREMENTS.—Section 408 of such Act security or other property shall be reason- with the purpose of this subsection. is amended further by adding at the end the able. ‘‘(I) ADDITIONAL DEFINITIONS.—For purposes following new subsection: ‘‘(E) ARM’S LENGTH TRANSACTION.—The of this paragraph and subsection (d)(16)— terms of the sale, acquisition, or holding of ‘‘(g) REQUIREMENTS FOR EXEMPTION FROM ‘‘(i) QUALIFIED INVESTMENT ADVICE.—The the security or other property shall be at PROHIBITED TRANSACTIONS WITH RESPECT TO term ‘qualified investment advice’ means, in least as favorable to the plan as an arm’s PROVISION OF INVESTMENT ADVICE.— connection with a participant or beneficiary, length transaction would be. ‘‘(1) IN GENERAL.—The requirements of this investment advice referred to in subsection ‘‘(2) CONTINUED AVAILABILITY OF INFORMA- subsection are met in connection with the (e)(3)(B) which— TION FOR AT LEAST 1 YEAR.—The requirements provision of qualified investment advice pro- ‘‘(I) consists of an individualized rec- of paragraph (1)(A) shall be deemed not to ommendation to the participant or bene- vided to a participant or beneficiary of an have been met in connection with the initial ficiary with respect to the purchase, sale, or employee benefit plan by a fiduciary adviser or any subsequent provision of advice de- retention of securities or other property for with respect to the plan in connection with scribed in paragraph (1) if, at any time dur- the individual account of the participant or any sale, acquisition, or holding of a security ing the 1-year period following the provision beneficiary, in accordance with generally ac- or other property for purposes of investment of the advice, the fiduciary adviser fails to cepted investment management principles, of amounts held by the plan, if the require- maintain the information described in and ments of the following subparagraphs are clauses (i) through (iv) of subparagraph (A) ‘‘(II) takes into account all investment op- met: in currently accurate form or to make the tions under the plan. ‘‘(A) WRITTEN DISCLOSURES.—At a time information available, upon request and ‘‘(ii) REGISTERED REPRESENTATIVE.—The contemporaneous with the provision of the without charge, to the recipient of the ad- term ‘registered representative’ of another advice in connection with the sale, acquisi- vice. entity means a person described in section tion, or holding of the security or other ‘‘(3) EVIDENCE OF COMPLIANCE MAINTAINED 3(a)(18) of the Securities Exchange Act of property, the fiduciary adviser shall provide FOR AT LEAST 6 YEARS.—A fiduciary adviser 1934 (15 U.S.C. 78c(a)(18)) (substituting such to the recipient of the advice a clear and referred to in paragraph (1) who has provided entity for the broker or dealer referred to in conspicuous notification, written in a man- advice referred to in such paragraph shall, such section) or a person described in section ner to be reasonably understood by the aver- for a period of not less than 6 years after the 202(a)(17) of the Investment Advisers Act of age plan participant pursuant to regulations provision of the advice, maintain any records 1940 (15 U.S.C. 80b–2(a)(17)) (substituting such which shall be prescribed by the Secretary necessary for determining whether the re- entity for the investment adviser referred to (including mathematical examples), of the quirements of the preceding provisions of in such section).’’. following: this subsection and of subsection (b)(14) have (3) ASSUMPTION OF LIABILITY.—Subsection ‘‘(i) INTERESTS HELD BY THE FIDUCIARY AD- been met. A transaction prohibited under (b) of section 4975 of such Code is amended— VISER.—Any interest of the fiduciary adviser section 406 shall not be considered to have (A) by striking ‘‘PERSON.—In’’ and insert- in, or any affiliation or contractual relation- occurred solely because the records are lost ing ‘‘PERSON.— ship of the fiduciary adviser (or affiliates or destroyed prior to the end of the 6-year ‘‘(1) IN GENERAL.—In’’, and moving the text thereof) with any third party having an in- period due to circumstances beyond the con- 2 ems to the right, and terest in, the security or other property. trol of the fiduciary adviser. (B) by adding at the end the following new ‘‘(ii) RELATED FEES OR COMPENSATION IN ‘‘(4) MODEL DISCLOSURE FORMS.—The Sec- paragraph: CONNECTION WITH THE PROVISION OF THE AD- retary shall prescribe regulations setting ‘‘(2) ASSUMPTION OF LIABILITY.—If a court VICE.—All fees or other compensation relat- forth model disclosure forms to assist fidu- determines that a fiduciary advisor has ing to the advice (including fees or other ciary advisers in complying with the disclo- breached his fiduciary responsibility as a re- compensation itemized with respect to each sure requirements of under this subsection. sult of a failure to meet the requirements of security or other property with respect to ‘‘(5) EXEMPTION FOR EMPLOYERS CON- subparagraph (B), (C), (D), or (G) of sub- which the advice is provided) that the fidu- TRACTING FOR QUALIFIED INVESTMENT AD- section (e)(7), then, notwithstanding any ciary adviser (or any affiliate thereof) is to VICE.— other provision of this title or the Employee receive (including compensation provided by ‘‘(A) RELIANCE ON CONTRACTUAL ARRANGE- Retirement Income Security Act of 1974, the any third party) in connection with the pro- MENTS.—Subject to subparagraph (B), a plan fiduciary advisor shall be liable for any mon- vision of the advice or in connection with sponsor or other person who is a fiduciary etary losses suffered by a participant or ben- the sale, acquisition, or holding of the secu- (other than a fiduciary adviser) shall not be eficiary as a result of such breach.’’. rity or other property. treated as failing to meet the requirements (b) AMENDMENTS TO THE EMPLOYEE RETIRE- ‘‘(iii) ONGOING FEES OR COMPENSATION IN of this part solely by reason of the provision MENT INCOME SECURITY ACT OF 1974.— CONNECTION WITH THE SECURITY OR PROPERTY of qualified investment advice (or solely by (1) IN GENERAL.—Section 408(b) of the Em- INVOLVED.—All fees or other compensation reason of contracting for or otherwise ar- ployee Retirement Income Security Act of that the fiduciary adviser (or any affiliate ranging for the provision of the investment 1974 (29 U.S.C. 1108(b)) is amended by adding thereof) is to receive, on an ongoing basis, in advice), if— at the end the following new paragraph: connection with any security or other prop- ‘‘(i) the advice is provided by a fiduciary ‘‘(14)(A) Any transaction described in sub- erty with respect to which the fiduciary ad- adviser pursuant to an arrangement between paragraph (B) in connection with the provi- viser gives the advice. the plan sponsor or other fiduciary and the sion of investment advice described in sec- ‘‘(iv) APPLICABLE LIMITATIONS ON SCOPE OF fiduciary adviser for the provision by the fi- tion 3(21)(A)(ii), in any case in which— ADVICE.—Any limitation placed (in accord- duciary adviser of qualified investment ad- ‘‘(i) the plan provides for individual ac- ance with the requirements of this sub- vice, and counts and permits a participant or bene- section) on the scope of the advice to be pro- ‘‘(ii) the terms of the arrangement require ficiary to exercise control over assets in his vided by the fiduciary adviser with respect compliance by the fiduciary adviser with the or her account, to the sale, acquisition, or holding of the se- requirements of this subsection. ‘‘(ii) the advice is qualified investment ad- curity or other property. ‘‘(B) CONTINUED DUTY FOR EMPLOYER TO vice provided to a participant or beneficiary ‘‘(v) TYPES OF SERVICES GENERALLY OF- PRUDENTLY SELECT AND REVIEW FIDUCIARY AD- of the plan by a fiduciary adviser in connec- FERED.—The types of services offered by the VISERS.—Nothing in subparagraph (A) shall tion with any sale, acquisition, or holding of fiduciary adviser in connection with the pro- be construed to exempt a plan sponsor or a security or other property for purposes of vision of qualified investment advice by the other person who is a fiduciary from any re- investment of plan assets, and fiduciary adviser. quirement of this part for the prudent selec- ‘‘(iii) the requirements of subsection (g) ‘‘(vi) FIDUCIARY STATUS OF THE FIDUCIARY tion and periodic review of a fiduciary ad- are met in connection with each instance of ADVISER.—That the fiduciary advisor is a fi- viser with whom the plan sponsor or other the provision of the advice. duciary of the plan. person enters into an arrangement for the

VerDate 06-NOV-2001 00:46 Nov 16, 2001 Jkt 099060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\A15NO7.005 pfrm13 PsN: H15PT1 H8208 CONGRESSIONAL RECORD — HOUSE November 15, 2001 provision of qualified investment advice. The advice provided pursuant to this paragraph 3(a)(18) of the Securities Exchange Act of plan sponsor or other person who is a fidu- by an alternative investment adviser shall be 1934 (15 U.S.C. 78c(a)(18)) (substituting such ciary shall not be liable under this part with of the same type and scope, and provided entity for the broker or dealer referred to in respect to the specific qualified investment under the same terms and conditions (includ- such section) or a person described in section advice given by the fiduciary adviser to any ing no additional charge to the participant 202(a)(17) of the Investment Advisers Act of particular recipient of the advice. Pursuant or beneficiary), as apply with respect to the 1940 (15 U.S.C. 80b–2(a)(17)) (substituting such to regulations which shall be prescribed by qualified investment advice to be provided entity for the investment adviser referred to the Secretary, the fiduciary adviser shall by the fiduciary adviser. in such section).’’. provide appropriate disclosures to the plan ‘‘(8) FIDUCIARY ADVISER DEFINED.—For pur- (c) ENFORCEMENT.— sponsor to enable the plan sponsor to fulfill poses of this subsection and subsection (1) LIABILITY FOR BREACH.— its fiduciary responsibilities under this part. (b)(14)— (A) LIABILITY IN CONNECTION WITH INDI- In connection with the provision of the ad- ‘‘(A) IN GENERAL.—The term ‘fiduciary ad- VIDUAL ACCOUNT PLANS.—Section 409 of such vice by a fiduciary adviser on an ongoing viser’ means, with respect to a plan, a per- Act (29 U.S.C. 1109) is amended by adding at basis, such regulations shall provide for such son— the end the following new subsection: disclosures on at least an annual basis. ‘‘(i) who is a fiduciary of the plan by rea- ‘‘(c)(1) In any case in which the provision ‘‘(C) PLAN ASSETS MAY BE USED TO PAY REA- son of the provision of qualified investment by a fiduciary adviser of qualified invest- SONABLE EXPENSES.—Nothing in this part advice by such person to a participant or ment advice to a participant or beneficiary shall be construed to preclude the use of plan beneficiary, regarding any security or other property assets to pay for reasonable expenses in pro- ‘‘(ii) who— consists of a breach described in subsection viding qualified investment advice. ‘‘(I) is registered as an investment adviser (a), the fiduciary adviser shall be personally ‘‘(6) ANNUAL REVIEWS BY THE SECRETARY.— under the Investment Advisers Act of 1940 (15 liable to make good to the individual ac- The Secretary shall conduct annual reviews U.S.C. 80b–1 et seq.), count of the participant or beneficiary any of randomly selected fiduciary advisers pro- ‘‘(II) if not registered as an investment ad- losses to the individual account resulting viding qualified investment advice to par- viser under such Act by reason of section from the breach, and to restore to the indi- ticipants and beneficiaries. In the case of 203A(a)(1) of such Act (15 U.S.C. 80b–3a(a)(1)), vidual account any profits of the fiduciary each review, the Secretary shall review the is registered under the laws of the State in adviser which have been made through use of following: which the fiduciary maintains its principal assets of the individual account by— ‘‘(A) COMPLIANCE BY ADVICE COMPUTER MOD- office and place of business, and, at the time ‘‘(A) the fiduciary adviser, or ELS WITH GENERALLY ACCEPTED INVESTMENT the fiduciary last filed the registration form ‘‘(B) any other party with respect to whom MANAGEMENT PRINCIPLES.—The extent to most recently filed by the fiduciary with a material affiliation or contractual rela- which advice computer models employed by such State in order to maintain the fidu- tionship of the fiduciary adviser resulted in the fiduciary adviser comply with generally ciary’s registration under the laws of such a violation of section 408(g)(1)(A) in connec- accepted investment management principles. State, also filed a copy of such form with the tion with the advice. ‘‘(B) COMPLIANCE WITH DISCLOSURE REQUIRE- Secretary, ‘‘(2) In the case of any action under this MENTS.—The extent to which disclosures pro- ‘‘(III) is registered as a broker or dealer title by a participant or beneficiary against vided by the fiduciary adviser have complied under the Securities Exchange Act of 1934 (15 a fiduciary adviser for relief under this sub- with the requirements of this subsection. U.S.C. 78a et seq.), section in connection with the provision of ‘‘(C) EXTENT OF VIOLATIONS.—The extent to ‘‘(IV) is a bank or similar financial institu- any qualified investment advice— which any violations of fiduciary duties have tion referred to in section 408(b)(4), ‘‘(A) if the participant or beneficiary shows occurred in connection with the provision of ‘‘(V) is an insurance company qualified to that the fiduciary adviser had any interest the advice. do business under the laws of a State, or in, or had any affiliation or contractual rela- ‘‘(D) EXTENT OF REPORTED COMPLAINTS.— ‘‘(VI) is any other comparable entity which tionship with a third party having an inter- The extent to which complaints to relevant satisfies such criteria as the Secretary deter- est in, the security or other property, there agencies have been made in connection with mines appropriate, and shall be a presumption (rebuttable by a pre- the provision of the advice. ‘‘(iii) who is an entity meeting the require- ponderance of the evidence) that the fidu- Any proprietary information obtained by the ments of subparagraph (B). ciary adviser failed to meet the require- Secretary shall be treated as confidential. ‘‘(B) ADDITIONAL REQUIREMENTS WITH RE- ments of subparagraphs (A) and (B) of sec- ‘‘(7) DUTY OF CONFLICTED FIDUCIARY AD- SPECT TO CERTAIN EMPLOYEES OR OTHER tion 404(a)(1) in connection with the provi- VISER TO PROVIDE FOR ALTERNATIVE INDE- AGENTS OF CERTAIN ADVISERS.—The require- sion of the advice, and PENDENT ADVICE.— ments of this subparagraph are met if every ‘‘(B) the dispute may be settled by arbitra- ‘‘(A) IN GENERAL.—In connection with any individual who is employed (or otherwise tion, but only pursuant to terms and condi- qualified investment advice provided by a fi- compensated) by a person described subpara- tions established by agreement entered into duciary adviser to a participant or bene- graph (A)(ii) and whose scope of duties in- voluntarily by both parties after the com- ficiary regarding any security or other prop- cludes the provision of qualified investment mencement of the dispute. erty, if the fiduciary adviser— advice on behalf of such person to any par- ‘‘(3) For purposes of this subsection, the ‘‘(i) has an interest in the security or other ticipant or beneficiary is— terms ‘fiduciary adviser’ and ‘qualified in- property, or ‘‘(i) a registered representative of such per- vestment advice’ shall have the meanings ‘‘(ii) has an affiliation or contractual rela- son, provided such terms in subparagraphs (A) tionship with any third party that has an in- ‘‘(ii) an individual described in subclause and (B), respectively, of section 406(g)(7).’’. terest in the security or other property, (I), (II), or (III) of subparagraph (A)(ii), or (B) LIMITATION ON EXEMPTION FROM LIABIL- the requirements of paragraph (1) shall be ‘‘(iii) such other comparable qualified indi- ITY.—Section 404(c) of such Act (29 U.S.C. treated as not met in connection with the vidual as may be designated in regulations of 1104(c)) is amended— advice unless the fiduciary adviser has ar- the Secretary. (i) by redesignating paragraph (2) as para- ranged, as an alternative to the advice that ‘‘(9) ADDITIONAL DEFINITIONS.—For purposes graph (3) (and by adjusting the margination would otherwise be provided by the fiduciary of this subsection and subsection (b)(14)— of such paragraph to full measure and ad- advisor, for qualified investment advice with ‘‘(A) QUALIFIED INVESTMENT ADVICE.—The justing the margination of subparagraphs (A) respect to the security or other property pro- term ‘qualified investment advice’ means, in through (B) thereof accordingly); and vided by at least one alternative investment connection with a participant or beneficiary, (ii) by inserting after paragraph (1) the fol- adviser meeting the requirements of sub- investment advice referred to in section lowing new paragraph: paragraph (B). 3(21)(A)(ii) which— ‘‘(2)(A) In any case in which— ‘‘(B) INDEPENDENCE AND QUALIFICATIONS OF ‘‘(i) consists of an individualized rec- ‘‘(i) a participant or beneficiary exercises ALTERNATIVE INVESTMENT ADVISER.—Any al- ommendation to the participant or bene- control over the assets in his or her account ternative investment adviser whose qualified ficiary with respect to the purchase, sale, or by means of a sale, acquisition, or holding of investment advice is arranged for by a fidu- retention of securities or other property for a security or other property with regard to ciary adviser pursuant to subparagraph (A)— the individual account of the participant or which qualified investment advice was pro- ‘‘(i) shall have no material interest in, and beneficiary, in accordance with generally ac- vided by a fiduciary adviser, and no material affiliation or contractual rela- cepted investment management principles, ‘‘(ii) any transaction in connection with tionship with any third party having a mate- and the exercise of such control is not a prohib- rial interest in, the security or other prop- ‘‘(ii) takes into account all investment op- ited transaction solely by reason of section erty with respect to which the investment tions under the plan. 408(b)(14), adviser is providing the advice, and ‘‘(B) AFFILIATE.—The term ‘affiliate’ of an- paragraph (1) shall not apply with respect to ‘‘(ii) shall meet the requirements of a fidu- other entity means an affiliated person of the fiduciary adviser in connection with the ciary adviser under paragraph (7)(A), except such entity (as defined in section 2(a)(3) of provision of the advice. that an alternative investment adviser may the Investment Company Act of 1940 (15 ‘‘(B) For purposes of this subsection, the not be a fiduciary of the plan other than in U.S.C. 80a–2(a)(3))). terms ‘fiduciary adviser’ and ‘qualified in- connection with the provision of the advice. ‘‘(C) REGISTERED REPRESENTATIVE.—The vestment advice’ shall have the meanings ‘‘(C) SCOPE AND FEES OF ALTERNATIVE IN- term ‘registered representative’ of another provided such terms in subparagraphs (A) VESTMENT ADVICE.—Any qualified investment entity means a person described in section and (B), respectively, of section 408(g)(7).’’.

VerDate 06-NOV-2001 00:46 Nov 16, 2001 Jkt 099060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\A15NO7.005 pfrm13 PsN: H15PT1 November 15, 2001 CONGRESSIONAL RECORD — HOUSE H8209 (2) ATTORNEY’S FEES.—Section 502(g) of another, if there is a higher commis- Mr. Speaker, I urge Members of both such Act (29 U.S.C. 1132(g)) is amended— sion or some other gain that derives to sides to consider this proposal, and I (A) in paragraph (1), by inserting ‘‘or (3)’’ that advisor, we say the following: urge a ‘‘yes’’ vote on it. after ‘‘paragraph (2)’’; and (B) by adding at the end the following new Each time a decision is made by the Mr. Speaker, I reserve the balance of paragraph: investor as to what to do, the advisor my time. ‘‘(3) In any action under this title by the has to tell the investor in plain lan- The SPEAKER pro tempore. Does the participant or beneficiary against a fidu- guage, in plain math, in an understand- gentleman from Ohio (Mr. BOEHNER) ciary adviser for relief under section 409(c) in able way what the nature of the advi- claim the time in opposition? which the plaintiff prevails, the court shall sor’s interest is. The advisor has to say Mr. BOEHNER. Mr. Speaker, I am op- allow a reasonable attorney’s fee and costs of to the investor, You know, if you put posed to the amendment, and I do so action to the prevailing plaintiff.’’. your money in fund A instead of fund (3) APPLICABILITY OF STATE FRAUD LAWS.— claim the time. Section 514(b) of such Act (29 U.S.C. 1144(b)) B, I make a little more money than I The SPEAKER pro tempore. The gen- is amended— otherwise would, and you ought to tleman from Ohio is recognized for 30 (A) by redesignating paragraph (9) as para- know that before you make the deci- minutes. graph (10); and sion. Mr. BOEHNER. Mr. Speaker, I yield (B) by inserting after paragraph (8) the fol- Our substitute says that the person myself such time as I may consume. lowing new paragraph: giving that advice must be qualified, ‘‘(9) Nothing in this title shall be construed Mr. Speaker, I first want to thank to supersede any State action for fraud and not most of the time but all of the the gentleman from New Jersey (Mr. against a fiduciary adviser for any act or time. The person giving the advice ANDREWS) and the gentleman from New failure to act by the fiduciary adviser consti- must have proper education. The per- York (Mr. RANGEL) for the serious and tuting a violation of section 409(c).’’. son giving the advice must be part of a hard work they have brought to our de- SEC. 3. EFFECTIVE DATE. regulated industry, whether he or she bate today. The entire process has been The amendments made by this Act shall is a broker or some other form of advi- marked by bipartisan respect, and I am apply with respect to advice referred to in sor. And if the person gives advice that glad to see that is continuing today. I section 3(21)(A)(ii) of the Employee Retire- is in violation of law, that is a viola- look forward to working with both my ment Income Security Act of 1974 or section tion of what we call the fiduciary duty, 4975(e)(3)(B) of the Internal Revenue Code of friends as this process continues. 1986 provided on or after January 1, 2002. then the person must lose their license, Nonetheless, I must oppose their and not most of the time, but all of the The SPEAKER pro tempore. Pursu- amendment because it falls into the time, to make sure that the advisor is ant to House Resolution 288, the gen- trap of so overprotecting people from properly qualified. one set of dangers that, instead, we tleman from New Jersey (Mr. AN- Our substitute says that there must push them into another. If the An- DREWS) and a Member opposed each will control 30 minutes. be some mechanism so that when our drews-Rangel amendment were adopt- The Chair recognizes the gentleman investor goes to ask for advice, and the ed, we could say that workers would advice may be given by a conflicted ad- from New Jersey (Mr. ANDREWS). never receive misleading or self-serving Mr. ANDREWS. Mr. Speaker, I yield visor, by someone having an interest in advice, but it is almost certain that myself such time as I may consume. one or more of the funds, the employee they would not receive any advice at Mr. Speaker, this piece of legislation should also be told that there is at all. Despite my good friends’ inten- is about a person who is at the age of least one other choice; that if they do tions, I believe the substitute would 30 or 40 in his or her life and starting to not want to take advice from this per- practically guarantee that no employ- think about retirement, hopefully son who has an interest in some of the ers would provide investment advice at sooner than that, and they find they funds that he or she is advising about, all to their workers. have a few thousand dollars in an ac- there is somewhere else that individual First, the substitute unnecessarily count, in an IRA or a 401(k). They pick can go, to a person who has no interest intrudes upon an extensive and effec- up the newspaper and they see wild whatsoever in the advice that he or she tive regulatory regime that protects fluctuations in the Dow Jones average, is giving. At least one other option on investors who are paying for advice and they hear from some of their the menu so that the investor knows with their own money outside of an neighbors that they are doing great in that there is somewhere else to go. ERISA plan. In addition to this regu- their investments, and from others Finally, this substitute differs from latory scheme, which includes banking, they are not doing so well; and they re- the underlying bill because the sub- securities, insurance laws, regulations, alize they need some help. They need stitute provides that if the advisor and agencies at the Federal and State some good sound advice as to what to gives advice that is so bad that it is a levels, the substitute requires Depart- do with this very crucial asset. violation of the law, so bad that it sub- ment of Labor qualitative oversight on Both sides of this debate agree that verts and violates the fiduciary duty of computer models of advice, the sub- the present situation is not very good; that advisor, the investor can be made stantive qualifications of financial ad- that the advice does come from people whole. He or she can get their pension visors, and the adequacy of disclosure who are like Bob at the coffee shop, the money back, get back any lost profits forms. Now, this not only creates over- friend of the gentleman from Ohio (Mr. or gains they would have had while lapping and confusing jurisdiction be- BOEHNER), someone who is not really they were waiting to get it back, and tween the Department of Labor and the qualified, that people get advice can get the cost of recovering those Securities and Exchange Commission, through hearsay, and we think some- funds back in attorneys’ fees as well. it adds additional and unnecessary reg- thing should be done about that. The The investor does not have to wait for ulations to existing securities laws. proposal the gentleman from New York some bureaucracy in Washington to H.R. 2269, the underlying bill, seeks (Mr. RANGEL) and myself are putting take action on his or her behalf; they to reduce and streamline regulatory forward now, we think, is a more sen- do not have to hope that they can get burdens on employers and financial ad- sible way to address this need. represented in a case that is not worth visors rather than to create additional We think that when this individual very much money to an attorney, but rules and regulations. The new and un- goes to get advice as to what to do worth an awful lot to them. They have necessary burdens created by the sub- with his or her money, that there the ability to be made whole. stitute will only drive up the cost of in- ought to be some choices of the advi- The proposal that the gentleman vestment advice, discourage competi- sor. We do not rule out the prospect of from New York and I are putting for- tion, and, in the end, mean that fewer an advisor who has an interest in a ward provides for more advice for peo- numbers of American workers will ever fund that he or she is advising about. ple who need it, but it does so in a way get real investment advice. We do say, though, that if such advice that is careful and it does so in a way The substitute also requires that if is going to be given, if the person giv- that does not subvert and discard the investment advice is offered, two in- ing the advice has a vested interest in 27-year history of the ERISA statute vestment advisors must be offered to our hypothetical investor putting his that has provided safer pensions and plan participants. Employers have told or her money in one fund as opposed to sounder investments for our citizens. us that this simply will not work.

VerDate 06-NOV-2001 00:46 Nov 16, 2001 Jkt 099060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\A15NO7.005 pfrm13 PsN: H15PT1 H8210 CONGRESSIONAL RECORD — HOUSE November 15, 2001 When we are trying to make invest- of the American workers without dis- know what is going on in the stock ment advice more accessible and af- couraging employers from offering any market, if somebody says this is the fordable, I do not see any sense in driv- advice at all. thing to buy, and they know that it is ing up costs and compliance effort by, Mr. Speaker, the Andrews-Rangel about to take a dive, maybe they have in effect, forcing employers to select substitute, I do not believe, will pro- even sold short. Who knows? I do not and monitor two advisors instead of tect workers; and I do think it will dis- know that. Here is somebody that is just one. courage any employer from offering ad- gives me that advice. We close that Finally, the substitute creates huge vice. This will not help workers that possibility by the conflicted question, problems with ERISA’s remedy struc- desperately need this kind of advice to and then we give a remedy. ture and would subject employers to a try to increase their own retirement Mr. Speaker, to do any less than this stream of unfair and costly lawsuits by securities. So I urge my colleagues to is to say to people, yes, we are going to reversing the burden of proof and dra- oppose the substitute. give Members another chance. Maybe matically increasing ERISA’s already Mr. Speaker, I reserve the balance of Members can get it in the Senate or in intimidating remedies provisions. The my time. the conference committee; or maybe substitute also erodes ERISA’s careful Mr. ANDREWS. Mr. Speaker, I yield we will pass a bill next year and fix preemption which gives employers myself 30 seconds. this. This ought to be fixed right now. legal certainty and clarity amongst The liability provisions in this sub- We have the opportunity. We know our 50 States. stitute do not impose new liability what the problems are. The underlying bill is meant to make upon employers. What they do is im- We have the chairman suggesting he very minor change to ERISA to allow pose new responsibility and liability agrees with the gentleman from North employers to offer investment advice upon advisors who breach their fidu- Dakota (Mr. POMEROY). We should be to their employees. H.R. 2269 works ciary duty. able to do it. There is a real question within the existing ERISA structure to And the employer-protection provi- here that we cannot do what we all do this without affecting ERISA’s im- sions in this substitute are essentially agree from the chairman on down is portant protections or modifying the identical to those in the underlying the thing to do. I urge Members to vote flexibility that courts have to fashion bill. for this Andrews-Rangel substitute, appropriate remedies within ERISA. Mr. Speaker, I yield 4 minutes to the and then we will have a pretty good Amending ERISA’s remedy structure gentleman from Washington (Mr. bill. will likely have unintended con- MCDERMOTT), a member of the Com- f sequences on all ERISA claims. And be- mittee on Ways and Means. PERMISSION TO POSTPONE FUR- fore significantly changing ERISA’s Mr. MCDERMOTT. Mr. Speaker, I THER CONSIDERATION OF H.R. structure, we should look at the rem- rise in support of the Andrews-Rangel 2269 edies offered in more detail. ERISA’s substitute. I told a story earlier which current remedies structure permits Mr. FLETCHER. Mr. Speaker, I ask sort of makes you wonder about why it unanimous consent that during consid- courts to flexibly fashion appropriate is that the employee groups are not remedies, including attorneys’ fees, eration of H.R. 2269 pursuant to House here saying this is such a good deal. Resolution 288, notwithstanding the economic damages, disgorgement of Where is the AFL–CIO? Why are they operation of the previous question, the profits, and banning advisors. More- not running in here? Why is the AARP Chair may postpone further consider- over, reversing the assumption of proof not coming in here saying we want old ation of the bill to a time designated will not protect plan participants, but folks to have this investment? Because by the Speaker on this legislative day. will only line the pockets of trial at- the bill is not a good one, that is why. The SPEAKER pro tempore (Mr. torneys. So I urge my colleagues to Now, the substitute that has been of- LAHOOD). Is there objection to the re- vote against the substitutes for these fered, really deals with the four issues quest of the gentleman from Ken- reasons. that we need to deal with: one is the tucky? Put yourself in the place of an em- disclosure of conflicts, and that has to There was no objection. ployer. Why would you offer invest- be done in a way that people actually Mr. FLETCHER. Mr. Speaker, I yield ment advice to your workers if your hear it and know what is going on. 3 minutes to the gentleman from Texas litigation risks were so high that you Under the disclosure requirements con- (Mr. SAM JOHNSON). might lose your entire business? Or in tained in this substitute, plan partici- (Mr. SAM JOHNSON of Texas asked the place of an advisor, why would you pants or beneficiaries under the plan and was given permission to revise and even try to enter the investment ad- would receive adequate disclosure of extend his remarks.) vice market when, by doing so, would fees and other compensation that Mr. SAM JOHNSON of Texas. Mr. subject yourself to 50 different stand- would be received by the advisor with Speaker, we talk about two advisors. I ards of litigation, 50 States under a respect to the product being rec- do not know how we keep both of them standard of proof that guarantees you ommended. from being bad. As I mentioned, our costly litigation, even if you have done measure removes the obstacles for em- b 1300 nothing wrong? ployers to provide millions of workers H.R. 2269 effectively protects plan So they would know at the time they professional investment advice. participants in a way that still makes are getting this pitch, who is doing The bill requires financial service employer-provided investment advice what. providers to fully disclose their fees economically viable to employers and Secondly, the qualification of advi- and any potential conflicts. In this their employees. The fiduciary duty sors. We hear a lot of talk about banks bill’s current form, we protect people that it imposes on employers and ad- are regulated. Yes, banks are regu- from fly-by-night groups and scam art- visers alike is the highest duty of loy- lated. But the fact is that under the In- ists looking to make a fast buck. alty in the law. Its disclosure require- vestors’ Advisors Act, that is, the Fed- There are a number of safeguards ments are actually more consumer eral law that controls advisors on that will protect workers and ensure friendly than the Andrews-Rangel sub- money, banks are exempted. So all this that they receive investment advice on stitute because it requires disclosure talk about banks are regulated, blah, their 401(k) plans that is in their best on an annual basis, or when there is a blah, blah, but not in this area. Our interest. The pension fund managers at material change in disclosure. And it substitute closes that loophole. corporations and unions who make de- provides for the most vital consumer Now, the ability to get some noncon- cisions about their defined benefit protection of all, a vibrant competitive flicted advice, investors should be able funds have access to professional port- marketplace, by opening the field to to have at least two, one that is selling folio managers. Now this bill will give many of the most highly regarded in- something and someone who is not sell- rank and file the same protections. vestment advice firms in the country. ing something. The Democrat substitute will not The underlying bill reaches the right The fourth area is the question of help people. It will just add layers of balance of increasing worker access to remedies. If someone sells us some- bureaucracy and could prevent people advice while safeguarding the interests thing, and most Americans do not from seeking advice. People value their

VerDate 06-NOV-2001 02:09 Nov 16, 2001 Jkt 099060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\K15NO7.049 pfrm13 PsN: H15PT1 November 15, 2001 CONGRESSIONAL RECORD — HOUSE H8211 time, and they do not have time to Mr. FLETCHER. Mr. Speaker, I yield IRA–SEP beneficiaries, independent seek and sift through paperwork and 3 minutes to the gentleman from North contractors, to have information and bureaucracy and two advisors. Impor- Carolina (Mr. BALLENGER). then make a decision. tantly, our bill retains critical safe- Mr. BALLENGER. Mr. Speaker, as an Secondly, and most importantly, guards and includes new protections to employer with employees who have Members need to understand that most guarantee that people receive sound in- 401(k) plans back home, I am pleased Americans today, unlike 25 years ago, vestment advice. Since employees will that the House is voting on a bill to en- are going to need to depend on 401(k)s, work with a plan fiduciary advisor, sure professional investment advice for IRA–SEPs or other self-directed plans people will be protected by State law, rank-and-file workers and their indi- for their retirement. I ran as a trustee Federal law, as well as the SEC. People vidual needs. of a 401(k) plan for my company for 22 value their time, and they do not have I urge my colleagues to reject the years, offered an IRA–SEP plan for the time to sift through a whole bunch of Andrews-Rangel substitute which 800 contractors we had. new regulations. That is just wrong. would, in fact, reduce the number of I understand the firewall that pro- Mr. Speaker, I urge my colleagues to employers and financial advisors will- hibits the employer from giving any reject the Democrat substitute and ing to offer their advice to employees. advice and the limited amount of ad- pass H.R. 2269 the way it is. This is just the opposite of what the vice that becomes accessible to either Mr. ANDREWS. Mr. Speaker, I yield worker needs at a time when they are IRA–SEP or 401(k) beneficiaries. 3 minutes to the gentlewoman from nervous about their retirement assets. It is wrong to presume that an em- California (Ms. WOOLSEY). It is just more government regulation. ployer would intentionally, willfully or (Ms. WOOLSEY asked and was given The substitute is bad because it in- wantfully allow bad advice to come to permission to revise and extend her re- creases the cost for advisory services their employees. To the contrary, it is marks.) by requiring two fiduciary advisors as the security blanket which binds those Ms. WOOLSEY. Mr. Speaker, as I options. It undermines the current people to the company. In this time said earlier, H.R. 2269 is a prime exam- ERISA remedies, and erodes the pre- when we are needing the best informa- ple of how a good idea can become a emption statute, and adds more Fed- tion possible, we should trust our em- bad bill. Is it a good idea to make in- eral regulation in areas already regu- ployees to be able to allow access for vestment advice available to employ- lated by Federal and State entities, their employees and independent con- ees at the work site? Of course it is. areas in which the Department of tractors to credible, competent finan- But it is a bad idea to allow self-inter- Labor has no expertise. And it reverses cial advice. ested advisors, those who could benefit the burden of proof in lawsuits against In the substitute, Members trust the from the advice given, into the work- employers and financial advisors which Department of Labor to determine who place. That is exactly what H.R. 2269 surely will attract our friends, the trial can give the right advice. In the under- does. lawyers. It will reduce the number of lying bill, Members trust the employer, Currently ERISA prohibits invest- whose most valued asset is their em- ment advisors from coming to a work- employers that are willing to have a 401(k) plan. ployees, to be able to offer credible ad- place to provide employees with invest- vice through advisors to their employ- ment advice if there is any reason to Mr. Speaker, it is important that my colleagues support the bipartisan ees and independent contractors. think that the advisor might benefit Mr. Speaker, I urge Members to Boehner bill endorsed by Labor, Com- from recommending one investment adopt the underlying bill and reject the merce, Department of Treasury, along over another. We must remember that substitute. with the National Association of Manu- ERISA was enacted to protect workers Mr. FLETCHER. Mr. Speaker, I yield facturers and the National Rural Elec- from abuses related to their benefits. 2 minutes to the gentleman from Indi- tric Coop. These groups speak for a With H.R. 2269, we will allow invest- ana (Mr. SOUDER). ment sales folks onto the work prem- great many of the employers and em- (Mr. SOUDER asked and was given ises under the guise of the employers’ ployees in my district, and I support permission to revise and extend his re- endorsement without protecting the the Boehner bill as a much-needed up- marks.) workers significantly, or at least date of the current law. Mr. SOUDER. Mr. Speaker, I rise in enough to make sure that they are in This bill gives protection and access opposition to the motion to recommit good hands when they have heard the to today’s employees who seek invest- of the gentleman from New Jersey (Mr. advice. ment advice to maximize their retire- ANDREWS). I understand some of his Fortunately, we have an alternative ment savings. The primary focus of concerns and share some of the gentle- to H.R. 2269, and that is the Andrews this act is to give participants advice man’s concerns, but I wanted to speak substitute. We do not need to wait for solely in their best interest. The bill because overall this is a very strong employees to be bilked by some scam achieves this by including strict disclo- bill. It is one that we need to pass. artist to make H.R. 2269. We can pass sure requirements, with sanctions, to I believe that some of the comments the Andrews amendment and then we inform plan participants about any po- that have been made here in this de- have a good bill. tential fees or conflicts of interest in bate have been inappropriate and in- The Andrews substitute starts with what average investors have today. deed anticapitalist and antibusiness. the same good idea of bringing invest- Most important, workers will have To argue that workers should not get ment advisors to the workplace, but full control over their investment deci- financial advice or to argue that busi- the Andrews substitute includes strict sions. I urge the House to reject the nesses are somehow going to trick standards to protect employees from substitute amendment and pass the their employees or bring in charlatans receiving tainted advice. The Andrews Boehner bill today. is in many ways beyond the pale of de- substitute requires meaningful disclo- Mr. ANDREWS. Mr. Speaker, I re- bate here in Congress. sure of the advisors’ affiliations in a serve the balance of my time. Quite frankly, some advice may be way that is easily understandable to Mr. FLETCHER. Mr. Speaker, I yield bad; but much of the advice out in the all employees, and it allows employees such time as he may consume to the financial world is bad right now. Em- to meet with an independent advisor if gentleman from Georgia (Mr. ISAKSON). ployees, at present, can go to the Inter- there is a conflict of interest. Mr. ISAKSON. Mr. Speaker, the in- net and get all sorts of mail at home The Andrews substitute keeps the tentions of the gentleman from New that has no anchor. No employer is good idea of making investment advice Jersey (Mr. ANDREWS) in the substitute completely infallible. No employer can available to employees at the work- are as noble as the intentions of the bring in somebody who is going to give place, but it builds on the protections authors of the underlying bill, but I perfect advice that everybody is going in current laws that employees need happen to favor the underlying bill for to get rich from. and must depend on. The Andrews sub- a couple of reasons that, hopefully, stitute is a win-win for employees, and Members will listen closely to. b 1315 I urge my colleagues to support it as To be against the underlying bill and But I would say that most employers the correct and safe way to provide in- for the substitute, Members have to in America are not like Samuel Insull vestment advice at the workplace. presume we cannot trust employees or from the 1900s. Give me a break.

VerDate 06-NOV-2001 00:46 Nov 16, 2001 Jkt 099060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\K15NO7.051 pfrm13 PsN: H15PT1 H8212 CONGRESSIONAL RECORD — HOUSE November 15, 2001 Most employers know that if they Second, the substitute would ensure for the advisor to say it as well. The brought in somebody with a conflict of that the advice is provided by quali- additional cost that would be imposed interest, that would be out there and fied, licensed and regulated profes- upon investment advice firms I am sure informed at their plant immediately. If sionals. This provision would simply would be gladly borne by those firms in they had somebody who was a char- ensure that the advice is at least as order to win the commissions which latan ripping off, you would have all good as they promised it to be. I have they rightfully earn by giving the ad- sorts of contract negotiation problems, heard my friends on the other side talk vice in the first place. not to mention that if it is a smaller about this, and why we do not guar- Our substitute, I believe, covers the company that is not unionized, the antee this and mandate this is beyond key grounds. It says that a conflicted people probably have their kids go to me. advisor must give full, timely and un- school in the same place, they eat in Finally, as the gentleman from New derstandable disclosure. It says that the same restaurants, they live in the Jersey said so well in his opening every person giving advice, not most same town. To imply that employers statement, the substitute empowers people giving advice but every person are somehow likely to want to rip off consumers to make a choice should giving advice must be duly qualified their employees or give them bad ad- they determine that a potential con- and accountable to lose his or her li- vice at a time when this would be a flict necessitates declining that advice, cense if they breach their fiduciary way to help them and improve their re- meaning, as the gentleman from New duty. lations with their own workforce is ab- Jersey said, that the advisor would It says that every person receiving surd. have to consent to providing the inves- advice from a conflicted advisor must The problem is that our law is ar- tor a different advisor if he or she so know that there are other choices to cane. It has been out of date for a num- chose. whom the person can turn that are not ber of years. As more and more em- Any Member with misgivings about conflicted. And it says that if a fidu- ployees in America have flexibility, the scope of this bill should carefully ciary duty is breached, if bad advice is they need to have the same advice that consider the serious implications un- given and a pensioner or worker suf- the management is getting, that the covered in a series of hearings held this fers, there is somewhere to go to be business leaders are getting and we past year. I would urge a ‘‘yes’’ vote on made whole, not to get back most of should not discriminate against em- the substitute. I have not made my what you lost or some of what you lost ployees. mind up on final passage, but I would but to get back all of what you lost if Mr. ANDREWS. Mr. Speaker, I yield certainly urge a ‘‘yes’’ vote on the An- your advisor has broken the law. 21⁄2 minutes to the gentleman from drews substitute. Our substitute deserves the support Tennessee (Mr. FORD). Mr. ANDREWS. Mr. Speaker, I yield Mr. FORD. Mr. Speaker, I am a little of Members on both sides of the aisle. myself such time as I may consume. disappointed that we are actually in We respectfully ask its adoption. The arguments we have heard the midst of having this debate today Mr. Speaker, I yield back the balance against the substitute that the gen- before actually completing work on an of my time. tleman from New York (Mr. RANGEL) Mr. FLETCHER. Mr. Speaker, I yield aviation security bill and before com- and I have put forward essentially boil pleting work on a stimulus package for myself such time as I may consume. down to two arguments: one is that As we come to the close of this de- people all across this great Nation. employers would get sued if the sub- bate on the substitute, certainly we ap- Hopefully, the encouraging news we stitute were adopted; and the second is preciate the work of the gentleman have heard today about progress being made on that bill will not only give as- that investment advice would be too from New Jersey and the, I think, at- surance or perhaps provide a vehicle expensive for investment advice firms tempt to certainly make sure that we for us to pass something before we to give if the substitute were adopted. protect workers as they get advice on leave here but provide the American Each of these arguments is incorrect. their investments. Liability protection provisions in people with some comfort as they pre- As we have seen over the last number this substitute are essentially identical pare to travel on the busiest holiday of of years, and as I recall owning a busi- the year. for employers as those that are in the ness and providing retirement plans for I rise today, Mr. Speaker, with a lot base bill. If an employer does not en- my employees, there has been a sub- of disappointment about the package gage in any independent act of neg- stantial shift from what we call defined that has come before the House and ligence or illegality, the employer is benefits to defined contributions, to with great concern. I rise to support not liable under the substitute, as is the 401(k)s and 403(b)s and other such the gentleman from New Jersey (Mr. the case in the base bill. In fact, the accounts. It becomes imperative with ANDREWS), who has worked so tire- substitute adds provisions, adds protec- that shift that we allow advice to be lessly with Members on both sides of tions to employers which do not exist made to the employees and that we do the aisle to find some sort of agree- under present law to provide a safe har- it in such a way where it is efficient, ment acceptable, one that would bal- bor for employers who hire investment where it does not drive up the adminis- ance the needs of advisors with inves- advisors. So the argument that this trative cost, and where the employees tors. I might add that the Andrews sub- somehow is going to unleash a flood of can be assured that there is the appro- stitute achieves the twin goals of in- litigation against employers is remi- priate accountability. vestor education and choice far better niscent of the similar false point made The gentleman from Ohio (Mr. than the base bill. The substitute of- under the patients’ bill of rights debate BOEHNER), the chairman of this com- fered by the gentleman from New Jer- and it is equally wrong. mittee, has worked for over 6 years; sey presents the best opportunity, par- The second argument that somehow and I think he has put together an ex- ticularly in my eyes and I am sure or another the expense that is going to cellent, balanced bill which meets many even on the other side, to be imposed upon advisor firms is going those requirements. It certainly pro- achieve these goals. to preclude them from giving advice is vides an ability for employers to con- First, the Andrews substitute would equally wrong. It is not very expensive tinue to offer good retirement plans of ensure that individuals were aware of to tell an employee that there is some- the defined contribution sort. It also all potential conflicts by requiring that where else he or she can go to get ad- provides the ability for them to offer the disclosure be contemporaneous vice. It took me about 4 seconds to say advice so that their employees can with each occasion on which advice is it. It would not take much longer for make the best investment and have the rendered, something all of us should be the advisor to say it, either. It is not most money when they retire at the for. Although most advisors would act very expensive to say to an investor end of their work livelihood. It addi- professionally and be up front, as we that before you put your money in this tionally provides for great account- would say, this provision would pre- fund, you ought to know that I as your ability. There is a disclosure that must vent an unscrupulous firm from bury- advisor make more money if you put be made if there are conflicts of inter- ing one line of disclosure boiler plate the money in the fund than if you do est. in a 10-page document filled with not. It took me about 4 seconds to say I think the difference we see between legalese. it, and it would take about 4 seconds these two bills is the balance, of how

VerDate 06-NOV-2001 00:46 Nov 16, 2001 Jkt 099060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\K15NO7.054 pfrm13 PsN: H15PT1 November 15, 2001 CONGRESSIONAL RECORD — HOUSE H8213 much are we going to go toward trying we will continue to work through this Pursuant to the previous order of the to, what I would say build a box that is process. House, further consideration of the bill padded so no one gets themselves We have got a strong bipartisan bill. is postponed. bruised. In a world where we have free- We have added new protections or at f dom here, people are going to make least have an agreement to add some mistakes. That is part of what freedom additional protections based on a col- MESSAGE FROM THE SENATE is about. How much are we going to re- loquy I had with the gentleman from A message from the Senate by Mr. strict that freedom in order to try to North Dakota (Mr. POMEROY). But I Monahan, one of its clerks, announced make sure that we protect individuals? think all of us know that the sub- that the Senate has passed with There needs to be a balance that is stitute that we have before us just goes amendments a bill of the House of the struck, and I think the substitute goes way too far. While it is well meaning following title: too far. It does not allow the freedom and well intended, expanding litigation H.R. 2540. An act to amend title 38, United that will encourage businesses to offer in our country is not going to create an States Code, to make various improvements the kind of advice that is needed. It environment for employers or their ad- to veterans benefits programs under laws ad- will restrict in the long run the ability, visors to want to give investment ad- ministered by the Secretary of Veterans Af- and there are differences in the liabil- vice which I believe the substitute fairs, and for other purposes. ity sections, there are some very vague does. The extra regulatory burdens f portions here where the liability not that are contained in the substitute MESSAGE FROM THE PRESIDENT only to the fiduciary advisor but, as it will again discourage employers and says on page 33, or any other party their advisors from engaging in making A message in writing from the Presi- with respect to whom a material affili- sure that the American workers get dent of the United States was commu- ation or contractual relationship of the the kind of investment advice they nicated to the House by Ms. Wanda fiduciary advisor resulted in a viola- need if they are going to increase their Evans, one of his secretaries. retirement security. tion of that section, certainly that f could include, in the vagueness of it, Why is this investment advice so REMOVAL OF NAME OF MEMBER the employer and possibly any other sorely needed? Because we have got all kinds of problems out there, with peo- AS COSPONSOR OF H.R. 162 person. So I think it does open up a ple who are underinvested in their self- substantial liability and some vague- Mr. BONILLA (during debate on H.R. directed accounts, having their money ness which makes that liability unpre- 2269). Mr. Speaker, I ask unanimous in low-yield instruments for long peri- dictable. The bill we are looking at, the consent to have my name removed as a ods of time when we know that over a base bill, has strong accountability. cosponsor of H.R. 162. When you talk about getting advice course of 10, 20, 30 years, equities would The SPEAKER pro tempore. Is there from someone, I was even thinking provide a much greater return and objection to the request of the gen- much greater retirement security. that all the advice that we get in what- tleman from Texas? On the other end of the spectrum, we ever purchases we make, and I go back There was no objection. know that we have got employees who to the individual who offers me advice are overinvested in one sector or an- f on buying suits, a guy named Harlan other and we have seen this happen, es- Logan. He is in Lexington, Kentucky. I RECESS pecially in the technology sector, when know every suit I buy from Harlan The SPEAKER pro tempore. Pursu- people were overinvested in that indus- Logan, he is going to make money. He ant to clause 12 of rule I, the Chair de- try and what has happened to their should make money. He should be able clares the House in recess subject to self-directed accounts over the last 18 to make a good, honest living for doing the call of the Chair. months to 2 years. what he says. But that does not keep Accordingly (at 1 o’clock and 30 min- him from giving me good advice on b 1330 utes p.m.), the House stood in recess what he is saying to me, and that is So we know investment advice is nec- subject to the call of the Chair. clearly disclosed. In the bill we have essary. f here, that conflict of interest, as you We heard the gentleman from Ken- call it, is disclosed. It is disclosed at tucky (Mr. FLETCHER) talk about the b 1439 request. It is mandated to be disclosed advice that he got from his tailor. Let AFTER RECESS on an annual basis initially and if us say that an employee today outside The recess having expired, the House there are any significant changes. of his employment with his own sav- I think the substitute bill here, the ings, his or her own money, if they was called to order by the Speaker pro amendment, really impedes the ability want to go to a broker, a mutual fund, tempore (Mr. LAHOOD) at 2 o’clock and of employers to do what the purpose of and they ask for advice, guess what? 39 minutes p.m. this bill intends to do and that is pro- They get all kinds of advice. Why? Be- f vide employees with good advice and to cause outside of ERISA, outside of an RETIREMENT SECURITY ADVICE make sure that they have a good re- employer-provided plan, there is plenty ACT OF 2001 tirement plan. of advice. I would encourage Members to vote What we are trying to do here is The SPEAKER pro tempore. Pursu- against that bill. make sure that those same employees ant to the previous order of the House, Mr. Speaker, I yield the balance of within the employer plan have the proceedings will now resume on the my time to the gentleman from Ohio same kind of access to that advice that bill, H.R. 2269. (Mr. BOEHNER). they have outside of the employer’s The Clerk read the title of the bill. Mr. BOEHNER. I thank the gen- plan. The SPEAKER pro tempore. The tleman for yielding time. So, Mr. Speaker, I would ask my col- question is on the amendment in the Mr. Speaker, I want to thank the leagues to vote no on the Andrews- nature of a substitute offered by the gentleman from Kentucky (Mr. Rangel substitute and to support final gentleman from New Jersey (Mr. AN- FLETCHER) for his work on this bill and passage. DREWS). the gentleman from Texas (Mr. SAM Mr. FLETCHER. Mr. Speaker, I have The question was taken; and the JOHNSON) and all of the work that they no further requests for time, and I Speaker pro tempore announced that have put into it over the last several yield back the balance of my time. the noes appeared to have it. years. I want to thank the gentleman The SPEAKER pro tempore (Mr. Mr. ANDREWS. Mr. Speaker, I object from New Jersey (Mr. ANDREWS), who LAHOOD). Pursuant to House Resolu- to the vote on the ground that a has worked closely with me as we have tion 288, the previous question is or- quorum is not present and make the developed this bill. Obviously it does dered on the bill, as amended, and on point of order that a quorum is not not have as many protections as he the amendment offered by the gen- present. would like at this point in time. But as tleman from New Jersey (Mr. AN- The SPEAKER pro tempore. Evi- I have pledged to him over the years, DREWS). dently a quorum is not present.

VerDate 06-NOV-2001 01:02 Nov 16, 2001 Jkt 099060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\K15NO7.056 pfrm13 PsN: H15PT1 H8214 CONGRESSIONAL RECORD — HOUSE November 15, 2001 The Sergeant at Arms will notify ab- Goode LoBiondo Schrock [Roll No. 442] Goodlatte Lucas (KY) Sensenbrenner sent Members. Gordon Lucas (OK) Sessions AYES—280 Goss Manzullo Shadegg The vote was taken by electronic de- Aderholt Granger Peterson (MN) Graham Matheson Shaw vice, and there were—yeas 180, nays Akin Graves Peterson (PA) Granger McCrery Shays Armey Green (WI) 243, not voting 9, as follows: Graves McHugh Sherwood Petri Bachus Greenwood Pickering [Roll No. 441] Green (WI) McInnis Shimkus Greenwood McKeon Shuster Baird Grucci Pitts YEAS—180 Grucci Mica Simmons Baker Gutknecht Platts Ballenger Hall (TX) Pombo Abercrombie Hilliard Nadler Gutknecht Miller, Dan Simpson Barcia Hansen Pomeroy Ackerman Hinchey Napolitano Hall (TX) Miller, Gary Skeen Hansen Miller, Jeff Skelton Barr Harman Portman Allen Hinojosa Neal Bartlett Hart Andrews Hoeffel Oberstar Hart Moran (KS) Smith (MI) Pryce (OH) Bass Hastings (WA) Baca Holden Obey Hastings (WA) Morella Smith (NJ) Putnam Bentsen Hayes Baldacci Holt Olver Hayes Myrick Smith (TX) Quinn Bereuter Hayworth Baldwin Honda Ortiz Hayworth Nethercutt Smith (WA) Radanovich Berry Hefley Barcia Hooley Owens Hefley Ney Snyder Ramstad Biggert Herger Barrett Hoyer Pallone Herger Northup Souder Regula Berkley Inslee Pascrell Hill Norwood Stearns Bilirakis Hill Rehberg Blumenauer Hilleary Berman Israel Pastor Hilleary Nussle Stenholm Reyes Hobson Osborne Stump Blunt Hinojosa Berry Jackson (IL) Payne Reynolds Hoekstra Ose Sununu Boehlert Hobson Bishop Jackson-Lee Pelosi Riley Horn Otter Sweeney Boehner Hoekstra Blagojevich (TX) Peterson (MN) Roemer Hostettler Oxley Tancredo Bonilla Holt Blumenauer Jefferson Price (NC) Rogers (KY) Houghton Paul Tanner Bono Hooley Bonior Johnson, E. B. Rahall Rogers (MI) Hulshof Pence Tauzin Boswell Horn Borski Jones (OH) Rangel Rohrabacher Boswell Kanjorski Reyes Hunter Peterson (PA) Taylor (MS) Boyd Hostettler Ros-Lehtinen Boucher Kaptur Rivers Hyde Petri Taylor (NC) Brady (TX) Houghton Roukema Brady (PA) Kennedy (RI) Rodriguez Isakson Phelps Terry Brown (SC) Hulshof Royce Brown (FL) Kildee Roemer Issa Pickering Thomas Bryant Hunter Ryan (WI) Brown (OH) Kilpatrick Ross Istook Pitts Thompson (CA) Burr Hyde Capps Kind (WI) Rothman Jenkins Platts Thornberry Burton Inslee Ryun (KS) Capuano Kleczka Roybal-Allard John Pombo Thune Buyer Isakson Sabo Carson (IN) Kucinich Rush Johnson (CT) Pomeroy Tiahrt Callahan Israel Sanchez Carson (OK) LaFalce Sabo Johnson (IL) Portman Tiberi Calvert Issa Sandlin Clay Lampson Sanchez Johnson, Sam Pryce (OH) Toomey Camp Istook Saxton Jones (NC) Putnam Traficant Clayton Langevin Sanders Cannon Jenkins Schaffer Kelly Quinn Upton Clyburn Lantos Sandlin Cantor John Schiff Kennedy (MN) Radanovich Vitter Condit Lee Sawyer Capito Johnson (CT) Schrock Kerns Ramstad Walden Conyers Levin Schakowsky Carson (OK) Johnson (IL) Sensenbrenner King (NY) Regula Walsh Costello Lewis (GA) Schiff Castle Johnson, Sam Sessions Coyne Lipinski Scott Kingston Rehberg Wamp Shadegg Kirk Reynolds Watkins (OK) Chabot Jones (NC) Crowley Lofgren Serrano Shaw Knollenberg Riley Watts (OK) Chambliss Kelly Cummings Lowey Sherman Shays Kolbe Rogers (KY) Weldon (FL) Clement Kennedy (MN) Davis (IL) Luther Shows Sherman LaHood Rogers (MI) Weldon (PA) Coble Kerns DeFazio Lynch Slaughter Collins Kind (WI) Sherwood DeGette Maloney (CT) Solis Larsen (WA) Rohrabacher Weller Larson (CT) Ros-Lehtinen Whitfield Combest King (NY) Shimkus Delahunt Maloney (NY) Spratt Condit Kingston Shuster DeLauro Markey Stark Latham Roukema Wicker Cooksey Kirk Simmons Deutsch Mascara Strickland LaTourette Royce Wilson Cox Knollenberg Simpson Dicks Matsui Stupak Leach Ryan (WI) Wolf Cramer Kolbe Skeen Dingell McCarthy (MO) Tauscher Lewis (CA) Ryun (KS) Wu Crane LaHood Skelton Doggett McCarthy (NY) Thompson (MS) Lewis (KY) Saxton Young (AK) Crenshaw Larsen (WA) Smith (MI) Doyle McCollum Thurman Linder Schaffer Young (FL) Crowley Larson (CT) Smith (NJ) Edwards McDermott Tierney NOT VOTING—9 Engel McGovern Towns Culberson Latham Smith (TX) Eshoo McIntyre Turner Barton Ganske Keller Cunningham LaTourette Smith (WA) Etheridge McKinney Udall (CO) Becerra Hall (OH) Largent Davis (CA) Leach Snyder Evans McNulty Udall (NM) Cubin Hastings (FL) Meeks (NY) Davis (FL) Lewis (CA) Souder Davis, Jo Ann Lewis (KY) Stearns Farr Meehan Velazquez b 1501 Fattah Meek (FL) Visclosky Davis, Tom Linder Stenholm Filner Menendez Waters Mr. NEY changed his vote from Deal LoBiondo Stump Ford Millender- Watson (CA) ‘‘yea’’ to ‘‘nay.’’ DeLay Lucas (KY) Sununu Frank McDonald DeMint Lucas (OK) Sweeney Watt (NC) Mr. DICKS and Ms. MCKINNEY Frost Miller, George Waxman Diaz-Balart Maloney (CT) Tancredo Gephardt Mink Weiner changed their vote from ‘‘nay’’ to Dicks Maloney (NY) Tanner Gonzalez Mollohan Wexler ‘‘yea.’’ Dooley Manzullo Tauscher Green (TX) Moore Woolsey So the amendment in the nature of a Doolittle Matheson Tauzin Gutierrez Moran (VA) Wynn substitute was rejected. Dreier Matsui Taylor (MS) Harman Murtha Duncan McCarthy (MO) The result of the vote was announced Taylor (NC) Dunn McCarthy (NY) Terry NAYS—243 as above recorded. Ehlers McCrery Thomas Aderholt Callahan DeLay The SPEAKER pro tempore (Mr. Ehrlich McHugh Thompson (CA) Akin Calvert DeMint LAHOOD). The question is on the en- Emerson McInnis Thornberry English McIntyre Armey Camp Diaz-Balart grossment and third reading of the bill. Thune Bachus Cannon Dooley Everett McKeon Tiahrt The bill was ordered to be engrossed Ferguson Mica Baird Cantor Doolittle Tiberi Flake Miller, Dan Baker Capito Dreier and read a third time, and was read the Toomey Fletcher Miller, Gary Ballenger Cardin Duncan third time. Traficant Foley Miller, Jeff Barr Castle Dunn Turner The SPEAKER pro tempore. The Forbes Moore Bartlett Chabot Ehlers Upton question is on the passage of the bill. Ford Moran (KS) Bass Chambliss Ehrlich Vitter The question was taken; and the Fossella Moran (VA) Bentsen Clement Emerson Walden Bereuter Coble English Frelinghuysen Morella Speaker pro tempore announced that Walsh Biggert Collins Everett Frost Myrick the ayes appeared to have it. Wamp Bilirakis Combest Ferguson Gallegly Neal Watkins (OK) Blunt Cooksey Flake RECORDED VOTE Ganske Nethercutt Watts (OK) Boehlert Cox Fletcher Mr. BOEHNER. Mr. Speaker, I de- Gekas Ney Boehner Cramer Foley Gibbons Northup Weldon (FL) mand a recorded vote. Weldon (PA) Bonilla Crane Forbes A recorded vote was ordered. Gilchrest Norwood Bono Crenshaw Fossella Gillmor Nussle Weller Boyd Culberson Frelinghuysen The SPEAKER pro tempore. This Gilman Ortiz Whitfield Brady (TX) Cunningham Gallegly vote will be followed by three 5-minute Gonzalez Osborne Wicker Brown (SC) Davis (CA) Gekas votes. Goode Ose Wilson Bryant Davis (FL) Gibbons The vote was taken by electronic de- Goodlatte Otter Wolf Burr Davis, Jo Ann Gilchrest Gordon Oxley Wu Burton Davis, Tom Gillmor vice, and there were—ayes 280, noes 144, Goss Paul Young (AK) Buyer Deal Gilman not voting 8, as follows: Graham Pence Young (FL)

VerDate 06-NOV-2001 02:36 Nov 16, 2001 Jkt 099060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\K15NO7.067 pfrm13 PsN: H15PT1 November 15, 2001 CONGRESSIONAL RECORD — HOUSE H8215 NOES—144 pending the rules and agreeing to the LoBiondo Pelosi Smith (MI) Lofgren Pence Smith (NJ) Abercrombie Gutierrez Napolitano concurrent resolution, H. Con. Res. 228, Lowey Peterson (MN) Smith (TX) Ackerman Hilliard Oberstar as amended. Lucas (KY) Peterson (PA) Smith (WA) Allen Hinchey Obey Lucas (OK) Petri Snyder Andrews Hoeffel Olver The Clerk read the title of the con- Luther Phelps Solis Baca Holden Owens current resolution. Lynch Pickering Souder Baldacci Honda Pallone The SPEAKER pro tempore. The Maloney (CT) Pitts Spratt Baldwin Hoyer Pascrell Maloney (NY) Platts Stark Barrett Jackson (IL) Pastor question is on the motion offered by Manzullo Pombo Stearns Berkley Jackson-Lee Payne the gentleman from California (Mr. Markey Pomeroy Stenholm Berman (TX) Pelosi HERGER) that the House suspend the Mascara Portman Strickland Bishop Jefferson Phelps Matheson Price (NC) Stump Blagojevich Johnson, E. B. Price (NC) rules and agree to the concurrent reso- Matsui Pryce (OH) Stupak Bonior Jones (OH) Rahall lution, H. Con. Res. 228, as amended, on McCarthy (MO) Putnam Sununu Borski Kanjorski Rangel which the yeas and nays are ordered. McCarthy (NY) Quinn Sweeney Boucher Kaptur Rivers McCollum Radanovich Tancredo Brady (PA) Kennedy (RI) Rodriguez This will be a 5-minute vote. McDermott Rahall Tanner Brown (FL) Kildee Ross The vote was taken by electronic de- McGovern Ramstad Tauscher Brown (OH) Kilpatrick Rothman vice, and there were—yeas 418, nays 0, McHugh Rangel Tauzin Capps Kleczka Roybal-Allard McInnis Regula Taylor (MS) Capuano Kucinich Rush not voting 14, as follows: McIntyre Rehberg Taylor (NC) Cardin LaFalce Sanders [Roll No. 443] McKeon Reyes Terry Carson (IN) Lampson Sawyer McKinney Reynolds Thomas Clay Langevin Schakowsky YEAS—418 McNulty Riley Thompson (CA) Clayton Lantos Scott Abercrombie Crane Harman Meehan Rivers Thompson (MS) Clyburn Lee Serrano Ackerman Crenshaw Hart Meek (FL) Rodriguez Thornberry Conyers Levin Shows Aderholt Crowley Hastings (WA) Menendez Roemer Thune Costello Lewis (GA) Slaughter Akin Culberson Hayes Mica Rogers (KY) Thurman Coyne Lipinski Solis Allen Cummings Hayworth Millender- Rogers (MI) Tiahrt Cummings Lofgren Spratt Andrews Cunningham Hefley McDonald Rohrabacher Tiberi Davis (IL) Lowey Stark Armey Davis (CA) Herger Miller, Dan Ros-Lehtinen Tierney DeFazio Luther Strickland Baca Davis (FL) Hill Miller, Gary Ross Toomey DeGette Lynch Stupak Bachus Davis (IL) Hilleary Miller, George Rothman Towns Delahunt Markey Thompson (MS) Baird Davis, Jo Ann Hilliard Miller, Jeff Roukema Traficant DeLauro Mascara Thurman Baker Davis, Tom Hinchey Mink Roybal-Allard Turner Deutsch McCollum Tierney Baldacci Deal Hinojosa Mollohan Rush Udall (CO) Dingell McDermott Towns Baldwin DeFazio Hobson Moore Ryan (WI) Udall (NM) Doggett McGovern Udall (CO) Ballenger DeGette Hoeffel Moran (KS) Ryun (KS) Upton Doyle McKinney Udall (NM) Barcia Delahunt Hoekstra Moran (VA) Sabo Velazquez Edwards McNulty Velazquez Barr DeLauro Holden Morella Sanchez Visclosky Engel Meehan Visclosky Barrett DeLay Holt Murtha Sanders Vitter Eshoo Meek (FL) Waters Bartlett DeMint Honda Myrick Sandlin Walden Etheridge Menendez Watson (CA) Bass Deutsch Hooley Nadler Sawyer Walsh Evans Millender- Watt (NC) Bentsen Diaz-Balart Horn Napolitano Saxton Wamp Farr McDonald Waxman Bereuter Dicks Hostettler Neal Schaffer Waters Fattah Miller, George Weiner Berkley Dingell Houghton Nethercutt Schakowsky Watkins (OK) Filner Mink Wexler Berman Doggett Hoyer Ney Schiff Watson (CA) Frank Mollohan Woolsey Berry Dooley Hulshof Northup Schrock Watt (NC) Gephardt Murtha Wynn Biggert Doolittle Hunter Norwood Scott Watts (OK) Green (TX) Nadler Bilirakis Doyle Hyde Nussle Sensenbrenner Waxman Bishop Dreier Inslee NOT VOTING—8 Oberstar Serrano Weiner Blagojevich Duncan Isakson Obey Sessions Weldon (FL) Barton Hall (OH) Largent Blumenauer Dunn Israel Olver Shadegg Weldon (PA) Becerra Hastings (FL) Meeks (NY) Blunt Edwards Issa Ortiz Shaw Weller Cubin Keller Boehlert Ehlers Istook Osborne Shays Wexler Boehner Ehrlich Jackson (IL) Ose Sherman Whitfield b 1518 Bonilla Emerson Jackson-Lee Otter Sherwood Wicker Bonior Engel (TX) Mr. LYNCH changed his vote from Owens Shimkus Wilson Bono English Jefferson Oxley Shows Wolf ‘‘aye’’ to ‘‘no.’’ Borski Eshoo Jenkins Pallone Shuster Woolsey So the bill was passed. Boswell Etheridge John Pascrell Simpson Wu The result of the vote was announced Boucher Evans Johnson (CT) Pastor Skeen Wynn Boyd Everett Johnson (IL) Paul Skelton Young (AK) as above recorded. Brady (PA) Farr Johnson, E. B. Payne Slaughter Young (FL) A motion to reconsider was laid on Brady (TX) Fattah Johnson, Sam the table. Brown (FL) Ferguson Jones (NC) NOT VOTING—14 Brown (OH) Filner Jones (OH) Barton Hall (OH) McCrery f Brown (SC) Flake Kanjorski Becerra Hastings (FL) Meeks (NY) Bryant Fletcher Kaptur Cox Keller Royce ANNOUNCEMENT BY THE SPEAKER Burr Foley Kelly Cubin Kirk Simmons PRO TEMPORE Burton Forbes Kennedy (MN) Ford Largent Buyer Fossella Kennedy (RI) The SPEAKER pro tempore (Mr. Callahan Frank Kerns b 1526 LAHOOD). Pursuant to clause 8 of rule Calvert Frelinghuysen Kildee Camp Frost Kilpatrick So (two-thirds having voted in favor XX, the Chair will now put the ques- Cannon Gallegly Kind (WI) thereof) the rules were suspended and tion on each motion to suspend the Cantor Ganske King (NY) the concurrent resolution, as amended, rules on which further proceedings Capito Gekas Kingston was agreed to. were postponed on Tuesday, November Capps Gephardt Kleczka Capuano Gibbons Knollenberg The result of the vote was announced 13, 2001, in the order in which that mo- Cardin Gilchrest Kolbe as above recorded. tion was entertained. Carson (IN) Gillmor Kucinich The title was amended so as to read: Votes will be taken in the following Carson (OK) Gilman LaFalce Castle Gonzalez LaHood ‘‘Concurrent resolution expressing the order: Chabot Goode Lampson sense of the Congress that the children House Concurrent Resolution 228, by Chambliss Goodlatte Langevin who lost 1 or both parents or a guard- the yeas and nays; Clay Gordon Lantos ian in the September 11, 2001, World H.R. 2887, by the yeas and nays; Clayton Goss Larsen (WA) Clement Graham Larson (CT) Trade Center and Pentagon tragedies House Concurrent Resolution 239, by Clyburn Granger Latham (including the aircraft crash in Som- the yeas and nays. Coble Graves LaTourette erset County, Pennsylvania) should be Collins Green (TX) Leach f Combest Green (WI) Lee provided with all necessary assistance, Condit Greenwood Levin services, and benefits and urging Fed- PUT OUR CHILDREN FIRST Conyers Grucci Lewis (CA) eral, State or local agencies respon- RESOLUTION OF 2001 Cooksey Gutierrez Lewis (GA) sible for providing such assistance, Costello Gutknecht Lewis (KY) The SPEAKER pro tempore. The un- Coyne Hall (TX) Linder services and benefits to move expedi- finished business is the question of sus- Cramer Hansen Lipinski tiously in providing such assistance,

VerDate 06-NOV-2001 02:36 Nov 16, 2001 Jkt 099060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\A15NO7.011 pfrm13 PsN: H15PT1 H8216 CONGRESSIONAL RECORD — HOUSE November 15, 2001 services and benefits to those chil- McCarthy (NY) Putnam Souder A motion to reconsider was laid on McCollum Quinn Stearns dren.’’. McCrery Radanovich Stenholm the table. A motion to reconsider was laid on McGovern Rahall Strickland f the table. McHugh Ramstad Stump McInnis Regula Sununu f McIntyre Rehberg Sweeney SENSE OF CONGRESS THAT McKeon Reynolds Tancredo SCHOOLS SHOULD SET ASIDE BEST PHARMACEUTICALS FOR McNulty Riley Tanner TIME TO ALLOW CHILDREN TO CHILDREN ACT Meehan Rivers Tauscher Meek (FL) Rodriguez Tauzin PRAY FOR, OR QUIETLY RE- The SPEAKER pro tempore. The un- Menendez Roemer Taylor (MS) FLECT ON BEHALF OF THE NA- finished business is the question of sus- Mica Rogers (KY) Taylor (NC) TION DURING THIS TIME OF Miller, Dan Rogers (MI) Terry pending the rules and passing the bill, Miller, Gary Rohrabacher Thomas STRUGGLE H.R. 2887, as amended. Miller, George Ros-Lehtinen Thompson (CA) The SPEAKER pro tempore (Mrs. The Clerk read the title of the bill. Miller, Jeff Ross Thornberry Moore Rothman Thune BIGGERT). The unfinished business is The SPEAKER pro tempore. The Moran (KS) Roukema Tiahrt the question of suspending the rules question is on the motion offered by Moran (VA) Royce Tiberi and agreeing to the concurrent resolu- the gentleman from Louisiana (Mr. Morella Rush Toomey tion, H. Con. Res. 239. TAUZIN) that the House suspend the Myrick Ryan (WI) Towns Nadler Ryun (KS) Traficant The Clerk read the title of the con- rules and pass the bill, H.R. 2887, as Napolitano Sanchez Turner current resolution. amended, on which the yeas and nays Neal Saxton Udall (CO) The SPEAKER pro tempore. The are ordered. Nethercutt Schaffer Udall (NM) Ney Schiff Upton question is on the motion offered by This will be a 5-minute vote. Northup Schrock Velazquez the gentleman from Georgia (Mr. The vote was taken by electronic de- Norwood Scott Visclosky ISAKSON) that the House suspend the vice, and there were—yeas 338, nays 86, Nussle Sensenbrenner Vitter rules and agree to the concurrent reso- not voting 8, as follows: Osborne Sessions Walden Ose Shadegg Walsh lution, H. Con. Res. 239, on which the [Roll No. 444] Otter Shaw Wamp yeas and nays are ordered. YEAS—338 Oxley Shays Watkins (OK) This will be a 5-minute vote. Pascrell Sherman Watt (NC) Ackerman Davis, Jo Ann Hinchey Pelosi Sherwood Watts (OK) The vote was taken by electronic de- Aderholt Davis, Tom Hinojosa Pence Shimkus Weiner vice, and there were—yeas 297, nays Akin Deal Hobson Peterson (MN) Shows Weldon (FL) 125, answered ‘‘present’’ 1, not voting 9, Armey DeGette Hoeffel Peterson (PA) Shuster Weldon (PA) as follows: Baca Delahunt Hoekstra Petri Simmons Weller Bachus DeLauro Holden Phelps Simpson Wexler [Roll No. 445] Baker DeLay Holt Pickering Skeen Whitfield YEAS—297 Ballenger DeMint Honda Pitts Skelton Wicker Barr Diaz-Balart Hooley Platts Slaughter Wilson Aderholt Davis (FL) Hill Bartlett Dicks Horn Pombo Smith (MI) Wolf Akin Davis, Jo Ann Hilleary Bass Dooley Hostettler Portman Smith (NJ) Wynn Armey Davis, Tom Hilliard Bentsen Doolittle Houghton Price (NC) Smith (TX) Young (AK) Baca Deal Hinojosa Bereuter Dreier Hoyer Pryce (OH) Smith (WA) Young (FL) Bachus DeFazio Hobson Berkley Duncan Hulshof Baker DeLay Hoekstra Biggert Dunn Hunter NAYS—86 Baldacci DeMint Holden Bilirakis Ballenger Edwards Hyde Abercrombie Green (TX) Ortiz Diaz-Balart Hooley Bishop Barcia Ehlers Isakson Allen Gutknecht Owens Doolittle Hostettler Blunt Barr Ehrlich Israel Andrews Hilliard Pallone Doyle Houghton Boehlert Bartlett Engel Issa Baird Inslee Pastor Dreier Hulshof Boehner Bass English Istook Baldacci Jackson (IL) Paul Duncan Hunter Bonilla Bentsen Eshoo Jackson-Lee Baldwin Jones (OH) Payne Dunn Hyde Bono Bereuter Etheridge (TX) Barcia Kaptur Pomeroy Ehlers Isakson Borski Berry Everett Jefferson Barrett Kennedy (RI) Rangel Ehrlich Israel Boswell Biggert Farr Jenkins Berman Kildee Reyes Emerson Issa Boucher Bilirakis Fattah John Berry Kilpatrick Roybal-Allard English Istook Boyd Bishop Ferguson Johnson (CT) Blagojevich Kind (WI) Sabo Eshoo Jefferson Brady (PA) Blunt Flake Johnson (IL) Blumenauer Kucinich Sanders Etheridge Jenkins Brady (TX) Boehlert Fletcher Johnson, E. B. Bonior Lampson Sandlin Everett John Brown (FL) Boehner Foley Johnson, Sam Brown (OH) Langevin Sawyer Ferguson Johnson (CT) Brown (SC) Bonilla Forbes Jones (NC) Clay Lee Schakowsky Flake Johnson (IL) Bryant Bono Ford Kanjorski Conyers Levin Serrano Fletcher Johnson, Sam Burr Boswell Fossella Kelly Coyne Lewis (GA) Snyder Foley Jones (NC) Burton Boucher Frelinghuysen Kennedy (MN) Crowley Markey Solis Forbes Kanjorski Buyer Boyd Frost Kerns Cummings McCarthy (MO) Spratt Ford Kelly Callahan Brady (TX) Gallegly King (NY) Davis (IL) McDermott Stark Fossella Kennedy (MN) Calvert Brown (SC) Ganske Kingston DeFazio McKinney Stupak Frelinghuysen Kerns Camp Bryant Gekas Kirk Deutsch Millender- Thompson (MS) Frost Kildee Cannon Burr Gephardt Kleczka Dingell McDonald Thurman Gallegly King (NY) Cantor Burton Gibbons Knollenberg Doggett Mink Tierney Ganske Kingston Capito Buyer Gilchrest Kolbe Doyle Mollohan Waters Gekas Knollenberg Capps Callahan Gillmor LaFalce Emerson Murtha Watson (CA) Gephardt Kolbe Capuano Calvert Gilman LaHood Evans Oberstar Waxman Gibbons LaFalce Cardin Camp Gonzalez Lantos Filner Obey Woolsey Gilchrest LaHood Carson (IN) Cannon Goode Larsen (WA) Frank Olver Wu Gillmor Lampson Carson (OK) Goodlatte Larson (CT) Cantor Gilman Langevin Castle Gordon Latham NOT VOTING—8 Capito Goode Larsen (WA) Chabot Goss LaTourette Capps Goodlatte Latham Barton Hall (OH) Largent Chambliss Graham Leach Carson (OK) Gordon LaTourette Becerra Hastings (FL) Meeks (NY) Clayton Granger Lewis (CA) Castle Goss Leach Cubin Keller Clement Graves Lewis (KY) Chabot Graham Lewis (CA) Clyburn Green (WI) Linder Chambliss Granger Lewis (KY) Coble Greenwood Lipinski b 1535 Clement Graves Linder Collins Grucci LoBiondo Mr. BERMAN and Mr. CROWLEY Clyburn Green (TX) Lipinski Combest Gutierrez Lofgren Coble Green (WI) LoBiondo Condit Hall (TX) Lowey changed their vote from ‘‘yea’’ to Collins Greenwood Lucas (KY) Cooksey Hansen Lucas (KY) ‘‘nay.’’ Combest Grucci Lucas (OK) Costello Harman Lucas (OK) Mr. GUTIERREZ changed his vote Condit Gutknecht Luther Cox Hart Luther Cooksey Hall (TX) Lynch Cramer Hastings (WA) Lynch from ‘‘nay’’ to ‘‘yea.’’ Costello Hansen Maloney (CT) Crane Hayes Maloney (CT) So (two-thirds having voted in favor Cox Hart Maloney (NY) Crenshaw Hayworth Maloney (NY) thereof) the rules were suspended and Cramer Hastings (WA) Manzullo Culberson Hefley Manzullo the bill, as amended, was passed. Crane Hayes Mascara Cunningham Herger Mascara Crenshaw Hayworth Matheson Davis (CA) Hill Matheson The result of the vote was announced Culberson Hefley McCarthy (NY) Davis (FL) Hilleary Matsui as above recorded. Cunningham Herger McCrery

VerDate 06-NOV-2001 01:02 Nov 16, 2001 Jkt 099060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\K15NO7.072 pfrm13 PsN: H15PT1 November 15, 2001 CONGRESSIONAL RECORD — HOUSE H8217 McHugh Quinn Spratt So (two-thirds having voted in favor an essential element in the effort to bring an McInnis Radanovich Stearns thereof) the rules were suspended and end to the war. McIntyre Rahall Stenholm (4) Continued leadership by the United McKeon Ramstad Strickland the concurrent resolution was agreed McKinney Regula Stump to. States is critical. McNulty Rehberg Stupak The result of the vote was announced (5) Regardless of the future political status Meek (FL) Reyes Sununu of the areas of Sudan outside of the control Mica Reynolds Sweeney as above recorded. of the Government of Sudan, the absence of Miller, Dan Riley Tancredo A motion to reconsider was laid on credible civil authority and institutions is a Miller, Gary Roemer Tanner the table. major impediment to achieving self-suste- Miller, Jeff Rogers (KY) Tauzin Mollohan Rogers (MI) Taylor (MS) f nance by the Sudanese people and to mean- Moore Rohrabacher Taylor (NC) ingful progress toward a viable peace proc- Moran (KS) Ros-Lehtinen Terry FURTHER MESSAGE FROM THE ess. Moran (VA) Ross Thomas SENATE (6) Through manipulation of traditional ri- Morella Roukema Thompson (MS) A further message from the Senate valries among peoples in areas outside their Murtha Royce Thornberry full control, the Government of Sudan has Myrick Rush Thune by Mr. Monahan, one of its clerks, an- effectively used divide and conquer tech- Nethercutt Ryan (WI) Tiahrt nounced that the Senate agreed to the Ney Ryun (KS) Tiberi niques to subjugate their population, and Northup Sandlin Toomey report of the committee of conference internationally sponsored reconciliation ef- Norwood Saxton Towns on the disagreeing votes of the two forts have played a critical role in reducing Nussle Schaffer Traficant Houses on the amendment of the Sen- the tactic’s effectiveness and human suf- Ortiz Schrock Turner ate to the bill (H.R. 2330) ‘‘An Act mak- fering. Osborne Sensenbrenner Upton Ose Sessions Visclosky ing appropriations for Agriculture, (7) The Government of Sudan is utilizing Otter Shadegg Vitter Rural Development, Food and Drug Ad- and organizing militias, Popular Defense Oxley Shaw Walden ministration, and Related Agencies Forces, and other irregular units for raiding Pence Shays Walsh programs for fiscal year ending Sep- and slaving parties in areas outside of the Peterson (MN) Sherwood Wamp control of the Government of Sudan in an ef- tember 30, 2002, and for other pur- Peterson (PA) Shimkus Watkins (OK) fort to severely disrupt the ability of those Petri Shows Watts (OK) poses.’’. populations to sustain themselves. The tac- Phelps Shuster Weldon (FL) The message also announced that the Pickering Simmons Weldon (PA) tic is in addition to the overt use of bans on Pitts Simpson Weller Senate agreed to the report of the com- air transport relief flights in prosecuting the Platts Skeen Whitfield mittee of conference on the disagreeing war through selective starvation and to min- Pombo Skelton Wicker votes of the two Houses on the amend- imize the Government of Sudan’s account- Pomeroy Smith (MI) Wilson ment of the Senate to the bill (H.R. ability internationally. Portman Smith (NJ) Wolf (8) The Government of Sudan has repeat- Price (NC) Smith (TX) Wu 2500) ‘‘An Act making appropriations Pryce (OH) Snyder Young (AK) for the Departments of Commerce, Jus- edly stated that it intends to use the ex- pected proceeds from future oil sales to in- Putnam Souder Young (FL) tice, and State, the Judiciary, and re- crease the tempo and lethality of the war NAYS—125 lated agencies for the fiscal year end- against the areas outside its control. Abercrombie Gutierrez Oberstar ing September 30, 2002, and for other (9) Through its power to veto plans for air Ackerman Harman Olver purposes.’’. transport flights under the United Nations Allen Hinchey Owens Andrews Hoeffel Pallone f relief operation, Operation Lifeline Sudan Baird Holt Pascrell (OLS), the Government of Sudan has been Baldwin Honda Pastor SUDAN PEACE ACT able to manipulate the receipt of food aid by Barrett Horn Paul the Sudanese people from the United States Berkley Hoyer Payne Mr. SMITH of New Jersey. Madam Speaker, I ask unanimous consent that and other donor countries as a devastating Berman Inslee Pelosi weapon of war in the ongoing effort by the Blagojevich Jackson (IL) Rangel the Committee on International Rela- Government of Sudan to subdue areas of Blumenauer Jackson-Lee Rivers tions be discharged from further con- Bonior (TX) Rodriguez Sudan outside of the Government’s control. Borski Johnson, E. B. Rothman sideration of the Senate bill (S. 180) to (10) The efforts of the United States and Brady (PA) Jones (OH) Roybal-Allard facilitate famine relief efforts and a other donors in delivering relief and assist- Brown (FL) Kaptur Sabo comprehensive solution to the war in ance through means outside OLS have Brown (OH) Kennedy (RI) Sanchez Sudan, and ask for its immediate con- played a critical role in addressing the defi- Capuano Kilpatrick Sanders ciencies in OLS and offset the Government of Cardin Kind (WI) Sawyer sideration in the House. Carson (IN) Kirk Schakowsky The Clerk read the title of the Senate Sudan’s manipulation of food donations to Clay Kleczka Schiff bill. advantage in the civil war in Sudan. Clayton Kucinich Scott (11) While the immediate needs of selected Conyers Lantos Serrano The SPEAKER pro tempore (Mrs. areas in Sudan facing starvation have been Coyne Larson (CT) Sherman BIGGERT). Is there objection to the re- addressed in the near term, the population in Crowley Lee Slaughter quest of the gentleman from New Jer- areas of Sudan outside of the control of the Cummings Levin Smith (WA) Davis (CA) Lewis (GA) Solis sey? Government of Sudan are still in danger of Davis (IL) Lofgren Stark There was no objection. extreme disruption of their ability to sustain DeGette Lowey Tauscher The Clerk read the Senate bill, as fol- themselves. Delahunt Markey Thompson (CA) lows: (12) The Nuba Mountains and many areas DeLauro Matsui Tierney in Bahr al Ghazal, Upper Nile, and Blue Nile S. 180 Deutsch McCarthy (MO) Udall (CO) regions have been excluded completely from Dicks McCollum Udall (NM) Be it enacted by the Senate and House of Rep- relief distribution by OLS, consequently Dingell McDermott Velazquez resentatives of the United States of America in placing their populations at increased risk of Doggett McGovern Waters Congress assembled, Dooley Meehan Watson (CA) famine. Edwards Menendez Watt (NC) SECTION 1. SHORT TITLE. (13) At a cost which has sometimes exceed- Engel Millender- Waxman This Act may be cited as the ‘‘Sudan Peace ed $1,000,000 per day, and with a primary Evans McDonald Weiner Act’’. focus on providing only for the immediate Farr Miller, George Wexler food needs of the recipients, the current Fattah Mink Woolsey SEC. 2. FINDINGS. Filner Nadler Wynn Congress makes the following findings: international relief operations are neither Frank Napolitano (1) The Government of Sudan has intensi- sustainable nor desirable in the long term. Gonzalez Neal fied its prosecution of the war against areas (14) The ability of populations to defend ANSWERED ‘‘PRESENT’’—1 outside of its control, which has already cost themselves against attack in areas outside more than 2,000,000 lives and has displaced the Government of Sudan’s control has been Thurman more than 4,000,000. severely compromised by the disengagement NOT VOTING—9 (2) A viable, comprehensive, and inter- of the front-line sponsor states, fostering the Barton Hall (OH) Largent nationally sponsored peace process, pro- belief within officials of the Government of Becerra Hastings (FL) Meeks (NY) tected from manipulation, presents the best Sudan that success on the battlefield can be Cubin Keller Obey chance for a permanent resolution of the achieved. (15) The United States should use all b 1546 war, protection of human rights, and a self- sustaining Sudan. means of pressure available to facilitate a Mr. LUTHER changed his vote from (3) Continued strengthening and reform of comprehensive solution to the war in Sudan, ‘‘nay’’ to ‘‘yea.’’ humanitarian relief operations in Sudan is including—

VerDate 06-NOV-2001 01:02 Nov 16, 2001 Jkt 099060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\A15NO7.012 pfrm13 PsN: H15PT1 H8218 CONGRESSIONAL RECORD — HOUSE November 15, 2001

(A) the multilateralization of economic (2) the President, acting through the (b) STUDY.—The President, acting through and diplomatic tools to compel the Govern- United States Permanent Representative to the United States Agency for International ment of Sudan to enter into a good faith the United Nations, should seek to— Development, shall conduct a study exam- peace process; (A) revise the terms of Operation Lifeline ining the adverse impact upon indigenous (B) the support or creation of viable demo- Sudan to end the veto power of the Govern- Sudan communities by OLS policies that cratic civil authority and institutions in ment of Sudan over the plans by Operation curtail direct humanitarian assistance to ex- areas of Sudan outside government control; Lifeline Sudan for air transport of relief clusionary ‘‘no go’’ areas of Sudan. (C) continued active support of people-to- flights and, by doing so, to end the manipu- (c) EXCLUSIONARY ‘‘NO GO’’ AREAS OF people reconciliation mechanisms and efforts lation of the delivery of those relief supplies SUDAN DEFINED.—In this section, the term in areas outside of government control; to the advantage of the Government of ‘‘exclusionary ‘no go’ areas of Sudan’’ means (D) the strengthening of the mechanisms Sudan on the battlefield; areas of Sudan designated by OLS for cur- to provide humanitarian relief to those (B) investigate the practice of slavery in tailment of direct humanitarian assistance, areas; and Sudan and provide mechanisms for its elimi- including, but not limited to, the Nuba (E) cooperation among the trading part- nation; and Mountains, the Upper Nile, and the Blue Nile ners of the United States and within multi- (C) sponsor a condemnation of the Govern- MOTION OFFERED BY MR. SMITH OF NEW JERSEY lateral institutions toward those ends. ment of Sudan each time it subjects civilians Mr. SMITH of New Jersey. Madam SEC. 3. DEFINITIONS. to aerial bombardment. Speaker, I offer a motion. In this Act: SEC. 7. REPORTING REQUIREMENT. The Clerk read as follows: (1) GOVERNMENT OF SUDAN.—The term Section 116 of the Foreign Assistance Act Mr. SMITH of New Jersey moved to strike ‘‘Government of Sudan’’ means the National of 1961 (22 U.S.C. 2151n) is amended by adding out all after the enacting clause of the bill S. Islamic Front government in Khartoum, at the end the following: 180 and insert in lieu thereof the text of H.R. Sudan. ‘‘(g) In addition to the requirements of sub- 2052 as passed by the House. (2) OLS.—The term ‘‘OLS’’ means the sections (d) and (f), the report required by Mr. TOWNS. Madam Speaker, I rise today United Nations relief operation carried out subsection (d) shall include— by UNICEF, the World Food Program, and ‘‘(1) a description of the sources and cur- to express my concern over proposals that participating relief organizations known as rent status of Sudan’s financing and con- would deny investors and issuers access to ‘‘Operation Lifeline Sudan’’. struction of oil exploitation infrastructure the U.S. capital markets. As the House pre- SEC. 4. CONDEMNATION OF SLAVERY, OTHER and pipelines, the effects on the inhabitants pares to go to conference with the Senate on HUMAN RIGHTS ABUSES, AND TAC- of the oil fields regions of such financing and the Sudan Peace Act (S. 180/H.R. 2052), I TICS OF THE GOVERNMENT OF construction, and the Government of Su- would like to urge my colleagues to take a SUDAN. dan’s ability to finance the war in Sudan; close look at the provisions of the bill that Congress hereby— ‘‘(2) a description of the extent to which would impose such sanctions. (1) condemns— that financing was secured in the United (A) violations of human rights on all sides I am fully aware of the human rights atroc- States or with involvement of United States ities that are going on in Sudan. As Congress of the conflict in Sudan; citizens; (B) the Government of Sudan’s overall ‘‘(3) the best estimates of the extent of aer- works to develop policies to end the violence human rights record, with regard to both the ial bombardment by the Government of is important that we be careful and prudent prosecution of the war and the denial of Sudan forces in areas outside its control, in- and not act in ways that damage our econ- basic human and political rights to all Suda- cluding targets, frequency, and best esti- omy, the free flow of capital, or create greater nese; mates of damage; and uncertainty in our capital markets. (C) the ongoing slave trade in Sudan and ‘‘(4) a description of the extent to which Closing the U.S. capital markets in order to the role of the Government of Sudan in abet- humanitarian relief has been obstructed or influence the behavior of foreign countries sets ting and tolerating the practice; and manipulated by the Government of Sudan or a poor policy precedent that might easily pro- (D) the Government of Sudan’s use and or- other forces for the purposes of the war in voke other countries to pursue their own for- ganization of ‘‘murahalliin’’ or Sudan.’’. ‘‘mujahadeen’’, Popular Defense Forces eign policy objectives through similar sanc- SEC. 8. CONTINUED USE OF NON-OLS ORGANIZA- tions. The continued health of our capital mar- (PDF), and regular Sudanese Army units TIONS FOR RELIEF EFFORTS. into organized and coordinated raiding and (a) SENSE OF CONGRESS.—It is the sense of kets is dependent on economic and political slaving parties in Bahr al Ghazal, the Nuba Congress that the President should continue certainty and predictability. The historic U.S. Mountains, Upper Nile, and Blue Nile re- to increase the use of non-OLS agencies in commitment to open and fair markets has gions; and the distribution of relief supplies in southern been fundamental to the U.S. financial service (2) recognizes that, along with selective Sudan. sector’s ability to nurture and establish a sub- bans on air transport relief flights by the (b) REPORT.—Not later than 90 days after stantial foreign client base. Government of Sudan, the use of raiding and the date of enactment of this Act, the Presi- The imposition of capital markets sanctions slaving parties is a tool for creating food dent shall submit a detailed report to Con- could have the unintended effects of re- shortages and is used as a systematic means gress describing the progress made toward to destroy the societies, culture, and econo- carrying out subsection (a). directing business out of the United States mies of the Dinka, Nuer, and Nuba peoples in SEC. 9. CONTINGENCY PLAN FOR ANY BAN ON and eroding the certainty and predictability a policy of low-intensity ethnic cleansing. AIR TRANSPORT RELIEF FLIGHTS. that have been fundamental to the pre- SEC. 5. SUPPORT FOR AN INTERNATIONALLY (a) PLAN.—The President shall develop a eminence of the U.S. capital markets. More- SANCTIONED PEACE PROCESS. contingency plan to provide, outside United over, capital markets sanctions would seri- (a) FINDINGS.—Congress hereby recognizes Nations auspices if necessary, the greatest ously disrupt investor confidence—both do- that— possible amount of United States Govern- mestic and foreign—in the U.S. markets, (1) a single viable, internationally and re- ment and privately donated relief to all af- thereby jeopardizing their continued vibrancy. gionally sanctioned peace process holds the fected areas in Sudan, including the Nuba greatest opportunity to promote a nego- Mountains, Upper Nile, and Blue Nile, in the Federal Reserve Chairman Alan Greenspan tiated, peaceful settlement to the war in event the Government of Sudan imposes a said ‘‘the motive of the legislation, I think, ob- Sudan; and total, partial, or incremental ban on OLS air viously commendable, but I think it’s not been (2) resolution to the conflict in Sudan is transport relief flights. thoroughly thought through and I don’t think best made through a peace process based on (b) REPROGRAMMING AUTHORITY.—Notwith- that the implications of this particular type of the Declaration of Principles reached in standing any other provision of law, in car- statute is useful to the United States and, in- Nairobi, Kenya, on July 20, 1994. rying out the plan developed under sub- deed, I think it is downright harmful.’’ (b) UNITED STATES DIPLOMATIC SUPPORT.— section (a), the President may reprogram up Capital markets sanctions have never been The Secretary of State is authorized to uti- to 100 percent of the funds available for sup- imposed by the U.S. These types of sanctions lize the personnel of the Department of State port of OLS operations (but for this sub- for the support of— section) for the purposes of the plan. would seriously disrupt investor confidence— (1) the ongoing negotiations between the SEC. 10. HUMANITARIAN ASSISTANCE FOR EX- both domestic and foreign—in the U.S. mar- Government of Sudan and opposition forces; CLUSIONARY ‘‘NO GO’’ AREAS OF kets, thereby jeopardizing their continued vi- (2) any necessary peace settlement plan- SUDAN. brancy. The imposition of capital markets ning or implementation; and (a) PILOT PROJECT ACTIVITIES.—The Presi- sanctions could also have the unintended ef- (3) other United States diplomatic efforts dent, acting through the United States fects of redirecting business out of the United supporting a peace process in Sudan. Agency for International Development, is States and eroding the certainty and predict- SEC. 6. MULTILATERAL PRESSURE ON COMBAT- authorized and requested to undertake, im- ANTS. mediately, pilot project activities to provide ability that have been fundamental to the pre- It is the sense of Congress that— food and other humanitarian assistance, as eminence of the U.S. capital markets. U.S. in- (1) the United Nations should be used as a appropriate, to vulnerable populations in vestors—pension funds, other institutional in- tool to facilitating peace and recovery in Sudan that are residing in exclusionary ‘‘no vestors, and individuals—would see the liquid- Sudan; and go’’ areas of Sudan. ity, and the value, of substantial amounts of

VerDate 06-NOV-2001 01:02 Nov 16, 2001 Jkt 099060 PO 00000 Frm 00036 Fmt 7634 Sfmt 9920 E:\CR\FM\A15NO7.014 pfrm13 PsN: H15PT1 November 15, 2001 CONGRESSIONAL RECORD — HOUSE H8219 their holdings drop precipitately even at the In sum, Madam Speaker, I believe it is a Mr. OBEY. Reserving the right to ob- suggestion that companies in which they are mistake to unilaterally try to resolve complex ject, Madam Speaker, I do not intend invested would be forced to delist from U.S. foreign policy issues through an untested for- to object since I support this con- exchanges. mula that would greatly impair the U.S. capital tinuing resolution; but I rise in order In sum Madam Speaker, I believe it is a markets. The goals of the Sudan Peace Act to do a couple of things: first of all, to mistake to unilaterally try to resolve complex are laudable, however, I am deeply troubled try to ascertain exactly what the foreign policy issues through an untested for- by the capital markets sanctions that are in- schedule is expected to be around here mula that would greatly impair the U.S. capital cluded in the bill. As the House requests a for the remainder of the week; and, sec- markets. The goals of the Sudan Peace Act conference on the Sudan Peace Act, I urge ond, to try to focus the attention of the are laudable, but I object to capital markets my colleagues to continue pursuing open and House on the linkage that exists be- sanctions that are included in the bill. As the fair financial markets and reject these types of tween our need to pass this continuing House prepares to consider the Sudan Peace sanctions. resolution and our inability to finish Act, I urge my colleagues to continue pursuing The motion was agreed to. bills such as the Department of defense open and fair financial markets and reject The Senate bill was ordered to be appropriations bill, which the com- these types of sanctions. read a third time, was read the third mittee has tried mightily to produce as Mr. NEY. Madam Speaker, due to the re- time, and passed, and a motion to re- a bipartisan product. cent tragedies on U.S. soil we are in the posi- consider was laid on the table. I am wondering if the gentleman tion to find ways to stop terrorist attacks. As A similar House bill (H.R. 2052) was from Florida (Mr. YOUNG), under my Congress works to develop these policies it is laid on the table. reservation, I am wondering if he can important that we be careful to not accidentally tell me if he has any idea what the APPOINTMENT OF CONFEREES ON S. 180, SUDAN damage legitimate American jobs. We must schedule is going to be for the remain- act in ways that do not damage our economy, PEACE ACT Mr. SMITH of New Jersey. Madam der of the week. the free flow of capital, or create greater un- Mr. YOUNG of Florida. Madam Speaker, I ask unanimous consent to certainty in our capital markets. Speaker, will the gentleman yield? I am extremely concerned over proposals insist on the House amendment and re- Mr. OBEY. I yield to the gentleman that would deny legitimate investors and quest a conference with the Senate from Florida. issuers access to the U.S. capital markets. As thereon. Mr. YOUNG of Florida. Madam this body moves to go to conference with the The SPEAKER pro tempore. Is there Speaker, I wonder first if the gen- Senate on the Sudan Peace Act (S. 180), I objection to the request of the gen- tleman would have any objection if I urge my colleagues to take a close look at the tleman from New Jersey? The Chair just make a brief explanation of what provisions of the bill that would impose such hears none, and, without objection, ap- the CR does. sanctions. The imposition of capital markets points the following conferees: Mr. OBEY. I am happy to yield to the sanctions could have the unintended effects of For modification of the Senate bill gentleman under my reservation for redirecting business out of the United States and the House amendment and modi- that purpose, Madam Speaker. and eroding the certainty and predictability fications committed to conference: Mr. YOUNG of Florida. Madam that have been fundamental to the success of Messrs. HYDE, GILMAN, and SMITH of Speaker, I appreciate the gentleman the U.S. Capital markets. Moreover, capital New Jersey, Ms. ROS-LEHTINEN, and yielding. markets sanctions would seriously disrupt in- Messrs. ROYCE, TANCREDO, LANTOS, Madam Speaker, this is a simple CR. vestor confidence—both domestic and for- BERMAN, and PAYNE, and Ms. MCKIN- It extends the current continuing reso- eign—in the US. Markets, thereby jeopardizing NEY. lution until December 7. The terms and their continued vibrancy. For consideration of sections 8 and 9 conditions of all the previous CRs re- The safety and certainty of U.S. capital mar- of the House amendment and modifica- main in effect. All ongoing activities kets attracted record numbers of foreign tions committed to conference: Messrs. will be continued at current rates issuers and investors in the 1990s. In the OXLEY, BAKER, BACHUS, LAFALCE, and under the same terms and conditions competitive, global environment, however, FRANK. as fiscal year 2001, with the exception there are few products and services for which There was no objection. of the agencies covered by the FY 2002 U.S. companies are the sole suppliers. If f appropriations bills that have already issuers are denied access to the U.S. capital been enacted into law. markets through unilaterally imposed sanc- GENERAL LEAVE Additionally, the provision for man- tions, they will simply turn to other countries. Mr. YOUNG of Florida. Madam datory payments has been extended for Indeed, since the House of Representatives Speaker, I ask unanimous consent that payments due on December 1, 2001. approved the Sudan Peace Act (H.R. 2052)— all Members may have 5 legislative As the gentleman from Wisconsin with a provision restricting capital market ac- days within which to revise and extend (Mr. OBEY) has suggested, this is not a cess—in June, at lease one foreign company their remarks on House Joint Resolu- controversial resolution, and I urge cited the uncertain environment created by the tion 74, and that I may include tabular that we move it quickly. Then to the gentleman’s question as legislation in deciding to list on the London and extraneous material. to the schedule, I wish I could give him Stock Exchange over a U.S. exchange. H.R. The SPEAKER pro tempore. Is there a very definitive answer; but as he 2052 would have little—if any—impact on the objection to the request of the gen- knows, we have completed work on all ability of sanctioned companies to raise fi- tleman from Florida? of the House bills, and yesterday the nancing, but it would strengthen the position of There was no objection. foreign competitors. U.S. investors—pension Committee on Appropriations was able funds, other institutional investors, and individ- f to finalize the markup of the Defense uals—would see the liquidity, and the value, of FURTHER CONTINUING APPRO- appropriations bill. If I could just state for the record, substantial amounts of their holdings drop PRIATIONS, FISCAL YEAR 2002 precipitately even at the suggestion that com- the reason the Defense appropriations panies in which they are invested would be Mr. YOUNG of Florida. Madam bill is late is two-fold: forced to delist from U.S. exchanges. Speaker, I ask unanimous consent that One is we waited until early July to Closing the U.S. capital markets in order to the Committee on Appropriations be get the President’s budget amendment influence the behavior of foreign countries also discharged from further consideration for the pre-September 11 Defense re- sets a poor policy precedent that might easily of the joint resolution (H.J. Res. 74) quirements; and then the Sub- provoke other countries to pursue their own making further continuing appropria- committee on Defense of the Com- foreign policy objectives through similar sanc- tions for the fiscal year 2002, and for mittee on Appropriations was actually tions. The continued health of our capital mar- other purposes, and ask for its imme- here in the Capitol on September 11 kets is dependent on economic and political diate consideration in the House. when the tragic attacks on the World certainty and predictability. The historic U.S. The Clerk read the title of the joint Trade Center took place, and at the commitment to open and fair markets has resolution. Pentagon. been fundamental to the U.S. financial service The SPEAKER pro tempore. Is there As the gentleman knows, the Capitol sector’s ability to nurture and establish a sub- objection to the request of the gen- was evacuated immediately, so that stantial foreign client base. tleman from Florida? had to be postponed.

VerDate 06-NOV-2001 02:55 Nov 16, 2001 Jkt 099060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\A15NO7.023 pfrm13 PsN: H15PT1 H8220 CONGRESSIONAL RECORD — HOUSE November 15, 2001 Since then, additional activities have responded to by the majority leader- make them less subject to problems in taken place; the $40 billion emergency ship. the event of attacks on the FBI itself. supplemental was broken up into three I am willing to make an offer again We would like to provide $500 million separate tranches; and yesterday we fi- right now, today. I would be willing to to the post office so that they can nalized the Defense bill plus the last give my support to a unanimous con- begin the process of figuring out how tranche of that emergency supple- sent request to bring that Defense bill to sterilize the mail. And we would like mental. up either today or tomorrow, provided to provide additional funding for the Now the issue, I believe, for the only that those same three amend- Coast Guard and Customs, among other schedule is this: that if the require- ments be allowed to be debated and items, all crucial to the security of the ment of a 3-day layover before filing voted on on the House floor. country. And all we are asking is that the Committee on Rules allow those the bill, if that were to be waived, then b 1600 we could actually bring the Defense ap- three amendments to be debated. propriations bill to this floor tomor- Those amendments were considered I would ask the gentleman under my row. in committee yesterday. One was de- reservation if he would have any objec- If it is not waived, then the 3 days feated on a vote of 31 to 34. Another tion to the Committee on Rules allow- would have to ensue. Then we would was defeated on a vote of 31 to 33, and ing those three amendments to be con- file the bill, get a rule, and it would ap- the third was dealt with on a voice sidered by the House. Mr. YOUNG of Florida. Madam pear to me that that would either be vote. That is offer number one. Speaker, will the gentleman yield? early next week or following Thanks- If that is not acceptable, I would be willing to waive the 3-day requirement Mr. OBEY. I yield to the gentleman giving. from Florida. I think the 3-day rule is affected by to file views and to allow the bill to be called up immediately, provided that if Mr. YOUNG of Florida. Madam what type of rule would be presented Speaker, I would like to say first that the rule was defeated, the majority in- by the Committee on Rules. I believe I appreciate the support that the gen- tends to offer that we would then be al- that is an issue that the gentleman tleman from Wisconsin (Mr. OBEY) has lowed to debate the bill under a rule from Wisconsin (Mr. OBEY) is very given us through the process; and yes- much interested in. which would allow those three amend- terday when the Committee on Appro- That is about as much as I can say ments to proceed. So the majority priations took up the basic Defense about the schedule. It is sort of iffy. leader, if he wished, or the majority bill, the Defense Appropriations bill, As far as the nonappropriations legis- leadership, if it wished, could get a and added to it the amendment that, lative schedule, of course the majority vote on the kind of rule that they the chairman’s amendments that allo- leader will speak to that probably want. And if that rule goes down, the cated the $20 billion of that $40 billion sometime today. House would then be given the oppor- supplemental. He was very supportive Mr. OBEY. Madam Speaker, con- tunity to vote on these three amend- in his comments of both the underlying tinuing under my reservation, I thank ments. bill and the amendments. His position the gentleman for his comments. I I think we are trying to be infinitely was, as he indicated, that there was would like to just make an observa- flexible on this bill. But we do insist on much more that needed to be done. tion. the right to deal with three issues that I would say to the gentleman that I I know that a number of Members of are central to the defense bill which is have analyzed those amendments the House are being told that we may the defense of the homeland, added closely and I have really found no ob- be in session Saturday because I and funding for defense for overseas activi- jection to the amendments. The objec- several others on this side of the aisle ties, and meeting our commitments to tion that I had to raise in the com- are refusing to grant permission for the New York that were made in the after- mittee was only one of timing, whether Defense appropriations bill to be math of September 11. we would do it today, now or whether moved. We pledged at the time that the we would wait for the President to re- In fact, I made an offer yesterday to money to New York would be allocated quest a supplemental. the majority in which I indicated that in one of the subsequent appropriations But anyway then, directly to the we would be willing to not offer any bills. Since this is the only one remain- question of the gentleman, I have no amendments in the full committee ing, this is it. objection to the Committee on Rules when the Defense appropriations bill So I want to repeat that and to sug- providing a rule that would make any was before us, and that we would be gest that I think the House would ap- amendment in order to an appropria- willing to give unanimous consent for preciate the opportunity to vote on tions bill that, in fact, is an appropria- that bill to be considered today on the whether or not we should upgrade tions issue. I do object to a rule or add- floor, or tomorrow, provided only that State and local health departments to ing nonappropriations language to a we be given the opportunity to offer help meet any public health problems bill. the three amendments which were in that could be associated with ter- In the case of the gentleman’s spe- fact offered in the committee yester- rorism. I think we would agree that we cific question, I would tell him that I spoke to the chairman of the Com- day: one by the gentleman from New ought to increase our capacity at bio- mittee on Rules earlier today and ad- York (Mr. WALSH), another by the gen- safety laboratories. Right now, those vised him that I would have no objec- tleman from Pennsylvania (Mr. MUR- laboratories are operating at full ca- tion personally to a rule that would THA), and a third by myself. pacity. They have no real ability to ex- allow the consideration of those Those amendments relate to guaran- pand in time of crisis. amendments. I believe that Members We would like to put $150 million teeing that New York, Pennsylvania, have a right to be involved in the de- more in here to help firefighters. We and Virginia would in fact get the bate on very serious issues; and, in would like to put $240 million more in amount that they were originally fact, after the experience that we had promised in the original budget supple- the budget to provide for additional yesterday, after about 7 hours, I almost mental. cockpit security. We would like to put wish that all of our Members could The Murtha amendment referred to an additional $200 million into the bill enjoy some of that fun that we had yes- crucial upgrades that we felt were to provide assistance to local airports terday. needed in the defense budget in light of whom we have mandated to increase So the answer is I have already ad- the events of September 11, and the law enforcement without being given vised the chairman of the Committee contents of my amendment would have the concurrent Federal resources to do on Rules that I would not object. been focused on the need to strengthen that. Mr. OBEY. Madam Speaker, I thank homeland security in a wide variety of We would like to add $440 million to the gentleman for his comments. I un- areas. State and local health departments to derstand that there are some other We said that if those amendments better prepare the country for health Members who have concerns. would be made in order on the floor, emergencies. We would like to provide Under my reservation, I yield to the that we would be willing to go directly $107 million more to the FBI so that distinguished gentleman from Min- to the floor. That suggestion was not they can protect their records and nesota (Mr. SABO), the ranking member

VerDate 06-NOV-2001 01:02 Nov 16, 2001 Jkt 099060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\K15NO7.080 pfrm13 PsN: H15PT1 November 15, 2001 CONGRESSIONAL RECORD — HOUSE H8221 of the Subcommittee on Transpor- Mr. OBEY. Surely. a difficult position, the chairman of tation of the Committee on Appropria- Mr. SABO. Madam Speaker, all the our committee. tions. funds that I speak of and all the funds We had three amendments in com- Mr. SABO. Mr. Speaker, I thank the that the gentleman from Wisconsin mittee yesterday. The chairman of our gentleman for yielding. (Mr. OBEY) speaks of in his amend- committee wanted to back all three of Madam Speaker, I rise to support the ment, as I understand, are declared to the amendments and said so, that he continuing resolution and to speak be emergency funds, so they could only was inclined to vote for the Obey about the supplemental appropriations be spent, even after they are appro- amendment, inclined to vote for the bill. priated, if the President agrees, says Walsh amendment and inclined to vote Yesterday in the Committee on Ap- there is an emergency and then re- for the Murtha amendment, but he did propriations, the gentleman from Wis- leases the funds. not because there is a constraint being consin (Mr. OBEY) offered an amend- Mr. OBEY. That is exactly correct. imposed. ment to increase funding for a number What we are saying is that we believe Very frankly, that constraint will of critical security needs. Unfortu- that the President needs the added perhaps lead us to additional con- nately, that amendment was defeated. flexibility to have these funds avail- tinuing resolutions because we may The September 11 tragedies happened able because of the crisis that we are not finish our business in a timely because terrorists were able to take in; and if he deems any of the items to fashion if we continue to delay that over the cockpit of four airplanes. be nonessential, he simply does not which I think we know we need to do. The Obey amendment would have have to designate them as an emer- The issues raised by the gentleman provided an additional $250 million to gency and that money would not be from Wisconsin (Mr. OBEY), Coast prevent this from ever happening spent. Guard being but one, the homeland se- again. The President even requested Mr. SABO. Madam Speaker, I thank curity issues, that is critical, need to this funding, but the majority bill, due the gentleman from Wisconsin (Mr. be addressed and they need to be ad- to other priorities, included only $50 OBEY) for his answer, and I might indi- dressed in the short term. million of the President’s $300 million cate also that the gentleman from Wis- I thank the gentleman from Wis- request. consin’s (Mr. OBEY) amendment in- consin (Mr. OBEY) for his leadership on Today, the airlines have made some cludes some additional funding for the these issues. I thank him for raising interim improvements so that cockpit important duty of the Coast Guard and these issues on an item that is not con- doors cannot be as easily broken into, for port security in this country, which troversial, but gives us an opportunity such as the strengthening of bolts. The is very crucial. to say that we need to move on these President’s proposed $300 million for Mr. OBEY. Madam Speaker, further and we need to move in the short term permanent modifications to secure the reserving the right to object, I thank on these, and I am certainly hopeful, cockpit doors to prevent an intruder the gentleman from Minnesota (Mr. and I say to my chairman for whom I from entering the cockpit, the funding SABO) very much. I think the gentle- have, as he knows, unreserved respect request by the President and included man’s comments indicate why in the and great, great affection. in the Obey amendment, would help process of approving this continuing I think he is one of the finest Mem- airlines ensure that all aircraft cockpit resolution we are concerned that the bers of this body, and I would urge him doors are secured as quickly as pos- time that will be used by the Congress to prevail upon those who will be mak- sible. between now and the expiration of the ing decisions to allow these amend- In addition, the Obey amendment new continuing resolution would be put ments to be considered on the floor would provide additional funding to to the best possible use. when we consider the Defense bill and our Nation’s airports to meet addi- Madam Speaker, continuing under its supplemental title, because I be- tional security needs. They are doing my reservation, I yield to the gen- lieve that considering these now is in increased patrols of ticket counters, tleman from Maryland (Mr. HOYER), the best interest of our country, the baggage claim areas and screening the distinguished chairman of the Sub- best interest of our security, the best checkpoints that have been mandated committee on Treasury, Postal Service interest of the safety of our people, the as have increased inspections, con- and General Government, as well as best interest of our confronting those trolled access points in areas outside the Subcommittee on Labor, Health who would terrorize this land and peo- the terminal buildings. and Human Services and Education. ple around the world. Airports have also been required to Mr. HOYER. Madam Speaker, I I, therefore, believe that as we did in reissue all airport identification and thank the gentleman from Wisconsin responding immediately to the Ter- verify such identification at all access (Mr. OBEY), my ranking member, for rorist Act, we need to respond with as gates. To meet these requirements, the yielding and rise, obviously, in support much efficiency and speed as we pos- airports have incurred significant addi- of this continuing resolution. sibly can to these identified. tional costs, primarily for law enforce- This needs to be passed, but the I know the chairman and the ranking ment officers and overtime pay. issues that are being raised by Mr. member agree on the objectives. That The American Association of Airport OBEY and others who have spoken with is the irony. It is not that we disagree Executives estimates the cost of these reference to what we need to do in the with the objectives. We are just dis- new requirements to be about $500 mil- short term, what we need to do before agreeing on timing, and now is better lion this year. These increased costs we leave and go home after the first than later. It is safer, more appropriate come at a time when airports are los- session of the 107th Congress, I know policy, and I thank the gentleman from ing money due to increased air travel the Coast Guard was just discussed, Wisconsin (Mr. OBEY) for his leader- and fewer sales in airport shops and great concerns. ship. eateries. The airports estimate total I represent obviously the State of Mr. OBEY. Madam Speaker, further revenue lost to be $2 billion in 2002, or Maryland. The State of Maryland is a reserving the right to object, I thank 20 percent of estimated revenue. coastal State, clearly concerns are the gentleman from Maryland (Mr. The Obey amendment included $200 raised. We have tankers going in and HOYER) for his comments. million to assist airports in meeting out. We do not know who gets off those Under my reservation, Madam the cost of increased security require- tankers, gets in little rubber boats, Speaker, I yield to the gentleman from ments mandated by the FAA. As the brings items to this coast and to Mary- Massachusetts (Mr. OLVER), the rank- Defense bill now goes to the House land, to Delaware, in the Chesapeake ing member of the Subcommittee on Committee on Rules and then comes to Bay which may obviously pose dangers Military Construction. the House floor, I urge the House to to many of the Federal facilities that Mr. OLVER. Madam Speaker, I thank allow consideration of the Obey amend- are located therein. the gentleman from Wisconsin (Mr. ment. We cannot wait. The gentleman from OBEY) for yielding, and I too rise in Just to be clear, would the gen- Wisconsin (Mr. OBEY) made that point support of the continuing resolution tleman from Wisconsin (Mr. OBEY) yesterday very eloquently. The gen- which is indeed necessary, and I hope yield for a question? tleman from Florida (Mr. YOUNG) is in that this continuing resolution, which

VerDate 06-NOV-2001 02:55 Nov 16, 2001 Jkt 099060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\K15NO7.082 pfrm13 PsN: H15PT1 H8222 CONGRESSIONAL RECORD — HOUSE November 15, 2001 is dated for December 7, will in fact from the circumstances before Sep- tion, I yield to the gentleman from provide us with enough time to finish tember 11; and we are an open society, New Jersey (Mr. PASCRELL). the work that needs to be done on the we have acted like an open society, and Mr. PASCRELL. Madam Speaker, I appropriations legislation; and I have many of our bases are very open kinds thank the gentleman from Wisconsin every reason to believe that that will of bases. for yielding. The gentleman from Wis- be the case. Anyone can walk right into the consin and the gentleman from Florida I also want to speak to the question Naval Academy or West Point. Anyone are known for their fairness. I am here of what the rules for debate ought to be can drive a truck, a delivery truck in to appeal to both of them, through the on the Defense and the supplementary there. We have never had to bother Speaker. codicils on the Defense Appropriations taking the kinds of inspection pre- We need to keep our government bill and to urge the Committee on cautions that we probably now almost funded and running while we finish our Rules to make in order the three certainly need to take much more seri- legislative business. I urge my col- amendments that have been spoken of ously. That kind of site is very much leagues to vote in favor of the con- earlier that had been offered in the at risk for a similar sort of a situation tinuing resolution. One of the Federal Committee on Appropriations yester- that happened to our Marines in Leb- agencies that I am particularly focused day and each one, debated at length anon. We have circumstances where on, and I would ask the two gentlemen and then disposed of. there are major highways that go di- to as well, is the Federal Emergency rectly through the middle of major Management Agency. This agency ad- b 1615 bases. ministers the Firefighters Assistance I want to speak specifically to the I can name them in large number, Grant Program under the Fire Services portion that has to do with the mili- but just a couple are in North Carolina, Administration. tary construction budget, the area at Camp Lejeune, a major Marine base We all worked hard, in a bipartisan where I am the ranking member. One there, and at Fort Bragg, a major way, 285 co-sponsors, and finally of the issues that is involved in the Army base in North Carolina. Those brought it to reality, passed in both homeland security amendment which bases have major highways running Houses. This month we passed the VA– the gentleman from Wisconsin (Mr. right through. There are thousands of HUD appropriations bill. It will provide OBEY) offered yesterday, has to do with civilians, thousands of vehicles passing funding for $150 million for fiscal year our major, most important Department through those bases each day. There 2002. But it is far from the amount that of Defense facility that deals with bio- are places where they can turn off. We I think the members of our fire serv- terrorism. That is right here close to do not yet have in those places the ices deserve and need. the Capitol at Ft. Detrick, Maryland. fences, the gates, the barriers, the in- As part of the supplemental chapter All of the samples for anthrax testing spection places to deal with that. We of the Department of Defense appro- in the recent anthrax scares, went to are in danger at places like that, and priations bill, we are trying to secure Ft. Detrick. And the number of sam- dozens of others in this country. $150 million additional dollars for this ples they would not have seen in a The amendment the gentleman from necessary program. If September whole year were handled there within a Wisconsin had offered would provide us taught us anything, it is the impor- 6-week period at a place which is aged with the money to do, in the worst tance of the firefighters and first re- and inadequate as a testing laboratory cases, in the most egregious cases, not sponders to the public safety equation. and very poorly equipped. But that is by any means all, we cannot probably We had to scrape and beg to get $100 the place where we test the samples, in a matter of several years deal with million last year in the emergency where we develop the vaccines to try to all of the force protection problems in spending bill. The leadership told us meet those kinds of public health inci- those kinds of places, but it would give they did not believe us when we said dents. us a major start in dealing with the the fire services needed this money If we had another agent, whether it kinds of places where we need fencing, desperately. So what happened? Thirty be smallpox, or agent X, Y, or Z that we need gating, barriers, and inspec- thousand applications came in to was brought out and we were hit with tion stations at our military facilities FEMA, over 19,000 fire departments that at the same time as we were try- in order to be able to be certain that throughout America, volunteer and ca- ing to deal with the anthrax situation, we can avoid the sort of terroristic ef- reer. And when we added up all those that they struggled with so effectively fects we have seen in other places. applications, it came to $3 billion. We during the past few weeks, that labora- All of this really should be pretty fa- had $100 million. tory would be absolutely overwhelmed, miliar to us, because all of these things I believe we are sincere about re- far beyond its capacity to do the test- have been done close to the Capitol, sponding to September 11, and yet we ing in defense of our public health. And around our own buildings here on Cap- know that over 65 percent of our career part of the amendment which the gen- itol Hill, and our men and women in departments are undermanned, that is, tleman from Wisconsin had offered yes- the armed services deserve at least the of the first 200 cities in America, 160 of terday having to do with homeland se- same kind of protections that we have them cannot pass muster right now, curity began to correct that. It would been trying to provide for ourselves. In today. I am a bit chagrined that we are put nearly $.5 billion into properly fact, right here, within a matter of still scraping and begging, but this is equipping and manning the office over blocks of the Capitol, there is one of needed. there at Ft. Detrick so that they could those billeting locations used by Ma- And trust me, my colleagues, you do the necessary work. rines here in the capital city and close will be hearing from all of these fire The other thing that was in that, to us, which lies within feet, literally departments in your districts around which is related to military construc- feet, of Interstate 295 and major high- the country. We are asking them to do tion, is actually $400 million, or there- way intersections. And we need to do a different job than 20 years ago, to be about, close to it, and is actually much things to correct that kind of risk, to the first responders and, many times, closer to the sort of thing that terror- reduce that kind of risk for our mili- the last to leave all of these emer- ists are directly involved with. We have tary personnel. gencies. The odds are that all of us seen the impact that dedicated terror- So I would hope that the Committee have a few fire departments at home ists can have on an open society such on Rules would make these three that will not get a grant this year be- as ours. Well, we have also seen what amendments in order, in order that cause there was not enough money to happened in 1982, in Lebanon, when a they can be debated, in order that they go around. dedicated terrorist was able to take a can be fully considered by the full There are few heroes in our lives, but truck filled with explosives up to the House and not just by the Committee these people who put their necks on very doors essentially of the dormitory on Appropriations. I thank the gen- the line day in and day out to keep us where 200-plus of our Marines were tleman for yielding, and I do support safe certainly are, and that is what we being billeted and those Marines lost the continuing resolution. are doing here today. I know our con- their lives. We are living under cer- Mr. OBEY. Madam Speaker, con- tribution to this worthy cause will con- tainly very different circumstances tinuing under my reservation of objec- tinue to rise as each of my colleagues

VerDate 06-NOV-2001 01:02 Nov 16, 2001 Jkt 099060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\K15NO7.083 pfrm13 PsN: H15PT1 November 15, 2001 CONGRESSIONAL RECORD — HOUSE H8223 hears from their own constituents the airline security bill. I am hoping MEEK) who is very concerned about the about the need for more fire personnel, that the compromise, when it ulti- security gaps at our ports. safety equipment, and vehicles. mately reaches the floor, will be satis- Mrs. MEEK of Florida. Madam I want to thank the gentleman from factory as it relates to federalizing all Speaker, I thank the gentleman for Wisconsin for yielding. This is an im- of the security for the airlines. I under- yielding, and I thank the gentleman portant matter to Americans and our stand it is gradual; that it will have a from Florida (Chairman YOUNG) for the fire departments and our EMT squads pilot program of five that will be able time and attention they have given to throughout the United States. They to experiment with a private company, some of our greatest needs. have been there as first responders, and but, more importantly, it will have a 3- I regret that we were not able to get we cannot ignore them. So I appeal to year window of federalizing all of the these things passed in our sub- both gentlemen to hear the fairness of security at our airports. committee. Everybody is concerned my request from the depths of their about these important issues, and both b 1630 commitment in their own hearts. the chairman and the subcommittee Mr. OBEY. Madam Speaker, reclaim- In the meantime, I believe it is cru- chairman have worked hard, and the ing my time under my reservation, I cial that we reimburse our local mu- ranking member as well. thank the gentleman very much for his nicipalities and our airports for the I am from Florida, and I have a sin- comments, and I totally agree with work that they have had to do, and the cere appreciation for the safety fea- them. resources that they have used in light tures that we must have at our sea- Madam Speaker, continuing under of September 11 and in light of the bur- ports. Port security is an issue which my reservation of objection, I yield to den we put on them to say, we want to the Obey amendment addresses to show the gentlewoman from Texas (Ms. get our citizens back flying, get Ameri- exactly why it is so important. I think JACKSON-LEE). cans back on planes. And from my if Congress understands this, we can Ms. JACKSON-LEE of Texas. Madam traveling through airports, I can assure better interpret this to the administra- Speaker, I thank the distinguished gen- Members that local municipalities are tion. Each of us has constituents back tleman from Wisconsin for yielding to bearing the brunt of extra security in home that we must face. The President me and for his leadership, and I thank the airport. We have to reimburse is in a larger milieu. Americans want the gentleman from Florida (Mr. them. The director of the airport sys- to know, are we safe and are our ports YOUNG), chairman of the committee, as tem in Houston indicated the necessity safe. We must carry that message. If well for his honesty and forthrightness, of getting these dollars to them. we take a strong enough leadership po- for those of us who did not have 7 hours In addition, the strengthening of the sition on this, I think the President yesterday, were not in the Committee cockpit doors, even though we have will acquiescence, because he, too, un- on Appropriations, to make mention of heard that our airlines are gradually derstands the power of a constituency his support of these amendments. strengthening the cockpit doors, I do that is determined to get some kind of I thank the gentleman from Wis- not think that we can assuredly say consin for these amendments, and I consideration for their needs. that every single cockpit door that de- Port security is an issue that neither would like to highlight and hope that parts from our soil is truly reinforced. party can take a stand against. Num- the Committee on Rules will not only On the state of local hospitals, public ber one, we have 361 deep-water ports make them in order but I am hoping hospitals, in the Homeland Security in this Nation. We have 14 deep-water that they will prevail on the floor of Task Force, we are well informed that the House. ports in Florida. My own port in Miami I think the distinction that the gen- the brunt of any kind of bioterrorism is the largest cruise port in the world; or chemical warfare in local areas obvi- tleman from Minnesota (Mr. SABO) 3.4 million people go through our port made is very important for us to reem- ously will fall to our public hospital annually. Ports in the United States phasize. This simply provides the ap- systems. It is crucial that we reinforce handle about 7.8 million tons of cargo propriations that then can be des- them. Most of them are teetering be- each year. ignated by the White House as to cause of the Medicaid and Medicare At the same time, the State of Flor- whether an emergency exists and that formulas, and so the $440 million is cru- ida is heavily port dependent. Florida these monies are then available to be cial. has the longest coastline of any state utilized. I have no doubt that the Madam Speaker, I have heard that in the lower 48 States. International President, once the facts are presented the overtime is killing doctors and trade through Florida seaports reached fairly and without obstruction, will un- nurses. We need to make sure that the 150 million tons in 2000, valued at $73.8 derstand what is going on in local com- public hospital system is strong. billion. munities. Lastly, the wisdom on the Postal Our State laws in Florida require The firefighter matter that my dis- Service is very important. Again, view- that our ports have vulnerability as- tinguished colleague from New Jersey ing those centers, one of the major sessments. They have been reviewed by just mentioned, I have had firsthand mail centers in my community, watch- the Florida Department of Law En- experience with. First of all, Houston ing the mail come through, this was forcement. We already have security went through Tropical Storm Allison. before the stoppages because of an- plans in place to ensure the safety of It does not compare to September 11 in thrax, the ability to have equipment to our citizens at Florida seaports. Not the enormous loss of life, but we had sanitize that mail, both for the in- only is this important in Florida, it is our emergency responders on the front house postal workers and the letter important throughout the Nation. line there along with FEMA. Following carriers is crucial. It is important that Most of the ports in this country do back to back with Tropical Storm Alli- our mail continue and that the Amer- not have those security assessments son in Houston came September 11, and ican people know that we are taking made. We need to do these assessments, the anthrax scare subsequent to that. charge and helping to assist them in and we need to do them now and we My firefighters answered about 75 calls the security of this Nation. need to address our vulnerabilities. in a 3-day period, the HAZMAT team. Madam Speaker, as I rise to support Many of our seaports are located in ex- So the $150 million to local commu- the continuing resolution, I hope these tremely close proximity to United nities, spread across the communities, amendments will be made in order, and States military bases, population cen- is crucial to be able to respond to what that we do this before we leave for any ters, and even the NASA operations at the firefighters, the first responders, permanent holiday through the holiday Cape Canaveral. and the emergency teams are going season. I thank the gentleman from As the gentleman from Florida through at this time. And so I hope Florida (Mr. YOUNG) for listening to (Chairman YOUNG) knows, the port of that we will be able to not only pass the needs of the Nation, and I thank Tampa alone handles over 10 million this through the Committee on Rules the gentleman from Wisconsin (Mr. tons of hazardous cargo each year, in- but deliberate on the floor and ulti- OBEY) for his leadership. cluding petroleum products. I cannot mately pass it. Mr. OBEY. Madam Speaker, con- stress too strongly the importance of Just this morning, I believe we tinuing under my reservation, I yield port security. There is a clear funding reached some sort of compromise on to the gentlewoman from Florida (Mrs. shortfall at this time for these ready-

VerDate 06-NOV-2001 02:55 Nov 16, 2001 Jkt 099060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\K15NO7.085 pfrm13 PsN: H15PT1 H8224 CONGRESSIONAL RECORD — HOUSE November 15, 2001 to-go projects. They do not have to is not enough money for the Postal Mr. OBEY. Madam Speaker, con- wait. We must impose upon our admin- Service. This is not, and I would stress, tinuing under my reservation, I yield istration to bring these points to light. all of the money that they will need. to the gentleman from Texas (Mr. ED- I am 100 percent behind the con- The Postmaster General said they will WARDS), the second ranking Demo- tinuing resolution, but I would be less need between $3 and $5 billion to re- cratic member on the Subcommittee than a good Representative if I did not spond to the events of September 11 on Energy and Water Development. come before Congress and ask for many and the anthrax scourge that has con- Mr. EDWARDS. Madam Speaker, I of the things that the gentleman from fronted the Postal Service and others. I congratulate the gentleman from Flor- Wisconsin (Mr. OBEY) has asked be con- would urge us to focus on this Postal ida (Mr. YOUNG) on his efforts of mov- sidered in his amendment. Service money. ing the government forward during this On the basis of Florida studies, Flor- Quickly, I would remark on the gen- time of national crisis. He has worked ida’s deep-water ports require $80 mil- tleman from New Jersey (Mr. on a bipartisan basis, and for that, I lion more. The chairman of the Sub- PASCRELL), who has been a leader on have the greatest respect. committee on Treasury, Postal Service behalf of the fire service. The Obey Madam Speaker, God forbid, had the and General Government has done the amendment provides an additional $150 terrorists of September 11 chosen as best the gentleman can do. We have a million for the firefighters and emer- their weapon a nuclear bomb with just huge security risk. Congress needs to gency response personnel. enough uranium to fill a soda can, understand that, and the administra- The gentleman from New Jersey (Mr. placed it in a car in New York City, 2 tion also. It is clear that port safety PASCRELL) mentioned the shortages million people, men, women and chil- around this country in the fire service and security nationwide is very costly. dren, would have been killed that day. in our major cities. I will tell my The President recommends no funds b 1645 whatsoever for port security. It is dif- friends in this House, the fire service of the District of Columbia does not now To put that in perspective, one nu- ficult for me to see the rationale for clear bomb parked in one car in a that. The Obey amendment includes have the capacity to respond to a major catastrophe in this city. We all major American city would kill 400 $200 million for port security assess- hope and pray that does not occur, but times the number of people that the ments and enhancements. The Obey we are not ready for it if it does. terrible terrorist attacks of September amendment is a prudent amendment. It Two other items in the Treasury- 11 killed. looks at the security of our Nation. I Postal bill, we know that the northern I know we would all agree in this say to Members that port security is a border has been a relatively porous Chamber, Democrats and Republicans tremendously important security prob- border. Canada is no threat to us, but alike, that there is no greater responsi- lem. terrorists have utilized Canada as an bility of the Federal Government than Madam Speaker, I urge my col- entry point into the United States. The to protect the lives of American citi- leagues to support the CR, and I also Customs Department has told us that zens and families. In so many ways urge the leaders to get these things they need substantial additional funds. since September 11, this body has acted done, to take the message to the Presi- Unfortunately, they were not included responsibly. Chairman YOUNG espe- dent that we must take a stand on this. in the President’s budget, as submitted cially has led the fight to address vital It is important. to us. national needs when it comes to home- Mr. OBEY. Madam Speaker, con- The gentleman from Florida (Mr. land protection. tinuing under my reservation, I yield YOUNG) did in fact add some money, But, Madam Speaker, I come today to the gentleman from Maryland (Mr. but not enough to accomplish the ob- to point out one area where I think HOYER) who wanted to make one addi- jective. The gentleman from Wisconsin this Congress has failed the American tional point. (Mr. OBEY) adds to the sum that the family. It is the area of protecting Mr. HOYER. Madam Speaker, I had gentleman from Florida (Mr. YOUNG) American citizens from the real and spoken generally about the amend- added, so we can accomplish a more se- devastating threat of nuclear ter- ments that we considered yesterday. cure northern border across which we rorism. I think most Americans would As the ranking member of the Sub- know when the millennium occurred on be shocked to find out that even de- committee on Treasury, Postal Service January 1, 2000, shortly before that, spite all we have learned since Sep- and General Government, I wanted to one of the terrorists came across try- tember 11 that this Congress this year speak particularly about one item, and ing to cause an explosion to occur in will actually reduce funding for the then mention three others quickly. the Los Angeles airport. Coming south, programs designed to keep nuclear First, New York, Pennsylvania and they were caught. That border is such weapons out of the hands of terrorists. the Pentagon, Virginia and the Wash- that we were lucky; and we need to Let me repeat that because I think ington, D.C. metropolitan area, sus- beef it up substantially, and the Obey many Americans will not believe it. tained a direct attack; but there is an- amendment does that. Despite the occurrences of the tragedy other institution in our country which Lastly, we have talked about secu- of September 11, this year this Con- has sustained a direct impact, and that rity at the Capitol. It is important and gress has voted to actually reduce is the Postal Service of our Nation. We I support it. This is the center of de- funding for programs intended and de- have lost two postal workers to an- mocracy, but we need additional funds signed to protect the American home- thrax. They died as a result of anthrax to secure our Federal facilities in land and families from terrorists mak- inhalation. I attended a memorial serv- which Federal workers labor daily on ing nuclear bombs as weapons against ice for those two gentlemen, Mr. behalf of the American people. It is not our country. I find that incredible. Curseen and Mr. Morris, 2 days ago. that the terrorists seek to get to those Intentions have been good. No one In the Obey amendment, there is an individuals. They do not care who they has intended to make America more item of $500 million to allow the postal are. What they want to get to is the vulnerable to nuclear terrorists. But in department to respond: one, to make Federal Government, and if we do not government good intentions do not sure that we do not lose any more lives secure those buildings, we place our protect anyone. It is our priorities and of those who serve us in the postal de- people at risk. The Obey amendment our funding decisions that really partment; and secondly, to make sure speaks to that objective, and I would count. that we have the resources necessary hope that we can consider it as soon as I find it somewhat amazing that last to make sure that the mail that goes possible. night in the defense appropriations bill through the Postal Service, before it is Madam Speaker, again I thank the we were able to find $256 million to pro- delivered to individuals, is in fact free ranking member for his leadership, for tect this Capitol and me, Members of of biological or chemical agents which his efforts on behalf of these objec- Congress and congressional employees would cause them harm. tives. I know the chairman of our com- from possible terrorist attack; yet we This is a critical component of the mittee supports these objectives. He could not find one dime in that $20 bil- Obey amendment that, hopefully, will articulated that yesterday. He is deal- lion budget to fund defense of 281 mil- be made in order and we can offer. We ing with constraints, and we under- lion Americans against the real threat cannot wait. From my standpoint, this stand that. of nuclear terrorism.

VerDate 06-NOV-2001 01:02 Nov 16, 2001 Jkt 099060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\K15NO7.088 pfrm13 PsN: H15PT1 November 15, 2001 CONGRESSIONAL RECORD — HOUSE H8225 I am not here to criticize anyone who not wait until the authors of mass important to secure the safety of helped put together necessary funding murder can gain the weapons of mass Americans all over our country. And so to protect this Capitol, its Members of destruction. We act now because we the rule that comes forward should Congress, 535 of them, and staff. This is must lift this dark threat from our age make in order that amendment. The the center and the symbol of our de- and save generations to come.’’ Members of the House ought to have an mocracy, and it is right that we should I support President Bush’s effort to opportunity to express themselves on protect it. But I would suggest if we say we must act now. It is our responsi- the issue of the funding of domestic se- can find $256 million in this bill coming bility to act now to protect Americans curity. And that opportunity will not up this week to protect a couple of from the threat, the real threat, of nu- be afforded to them unless the rule thousand people here in our Nation’s clear terrorism. But this Congress has makes in order the gentleman from Capitol, then we surely should be able taken no action. In fact, if anything, Wisconsin’s amendment. to find $100 million to protect 281 mil- we have rolled back the clock and re- The same can be said about the lion Americans from nuclear terrorism. duced funding for those important pro- amendment that is being offered by the It is fair for anyone to ask just how grams. gentleman from Pennsylvania (Mr. serious or how real is the possibility of Madam Speaker, I think it is abso- MURTHA). That amendment would add terrorists getting their hands on nu- lutely essential for the protection of additional needs, or make them clearer clear materials, making a bomb, put- our homeland that the Congress, the in the appropriations bill with regard ting it in a car and exploding it here in Committee on Rules in the days ahead to our national defense; and that the United States. Let me give you the allow the gentleman from Wisconsin’s amendment ought to be made in order answer that the U.S. Department of amendment to be voted on on the as well. Both of these amendments are Energy would give us to that question. House floor, because it would put into based upon contingent emergency. In They say, and these are their words, we action what President Bush has said in other words, the money would not be are in urgent need, urgent need, to im- his words, that we must act now. spent unless the President thought mediately upgrade the protection of Finally, some said last night in the that it was necessary to do so. nuclear materials, 600 metric tons of Appropriations Committee hearing We are offering these amendments which exist in Russia that are not pres- that we just wait till next year. Some- because we know that the House is ently adequately protected. That is times waiting is the responsible thing going to be in recess for some period of enough nuclear material to potentially to do. I would argue that when it time, and it may be necessary for the build 41,000 nuclear bombs, any one of comes to protecting Americans from President to respond, both in terms of which could kill 2 million to 3 million the threat of nuclear holocaust, wait- national defense abroad and in terms of American citizens. ing is a dangerous mistake. I am not domestic security here at home. And so How real is the threat possibility of willing to ask other families to pay the the Murtha and Obey amendments are nuclear terrorism against our families? price of playing that waiting game. Let very important and ought to be made In Russia, it has been documented us follow the lead of President Bush in in order and ought to be debated on the since 1992, we have had 14 instances of this time of national crisis. Let us act floor of the House, and we need to have bomb-grade nuclear material being sto- now by voting for the Obey amendment the rule that governs this issue when it len from Russian facilities; and in and adequately funding the programs is brought to the floor make these eight of those cases, the stolen nuclear to keep terrorists’ hands off nuclear amendments in order. bomb-grade material was not found materials. Also, very importantly, is an amend- until it had actually left the country of Mr. OBEY. I thank the gentleman for ment that was offered on a bipartisan Russia. I find that frightening. Even his comments. I think they are most basis by the five members of the Com- more recently, today’s press reports important and ought to be heard by ev- mittee on Appropriations who rep- are suggesting that materials have eryone. resent various congressional districts been found from the facilities left be- Madam Speaker, further reserving in the State and City of New York. As hind by fleeing al Qaeda and Taliban the right to object, I yield to the dis- is true with the other two amend- leaders that actually had materials tinguished gentleman from New York ments, I think it is true of this one as that instructed those terrorists on the (Mr. HINCHEY). well, that the chairman of our com- means by which to take nuclear mate- Mr. HINCHEY. Madam Speaker, I mittee along with the ranking member rial and build a nuclear bomb. I find thank my friend and colleague, the support the ideas behind these amend- that frightening. ranking member of the Committee on ments and the provisions within them. But let us not just take the Depart- Appropriations, for yielding to me for It is unfortunate that the chairman of ment of Energy’s word for it. Let us an opportunity to make some com- our committee is working under very not take today’s press reports for it to ments about the present situation. I difficult and dire circumstances. Other- answer the question of how serious is also want to express my appreciation wise, we know that it would be routine the nuclear threat against American and high regard for the chairman of the for these amendments to be brought families. Let us look at what President Committee on Appropriations, the gen- forward. But routine or no, these Bush said yesterday in the Washington tleman from Florida (Mr. YOUNG), for amendments should find their way to Post from actually a press conference the way in which he has led the com- the floor. The amendment that we in- of 2 days ago with Mr. Putin, and I mittee this year and the fairness with troduced as representatives of the quote our own President, Mr. Bush: which he has conducted its operations. State of New York also should have an ‘‘Our highest priority is to keep ter- But there are several important issues opportunity to be heard on the floor rorists from acquiring weapons of mass that are before the Congress now that and for the Members of this House of destruction.’’ Our highest priority, the many of us are fearful are not going to Representatives to express their will President said. ‘‘We agree that it is ur- be dealt with appropriately, much less with regard to the disaster that struck gent that we improve the physical pro- thoroughly. Therefore, I want to say, New York City when the Twin Towers tection and accounting of nuclear ma- also, how much I support the amend- were attacked on September 11. terials and prevent illicit nuclear traf- ment that was put forth by the gen- I do not know of another time, at ficking.’’ tleman from Wisconsin (Mr. OBEY) to least in the modern history of our What did President Putin say on No- provide for the kind of domestic secu- country, when the Committee on Ap- vember 7, just over a week ago? Refer- rity which we now know we so des- propriations has not responded to the ring to nuclear proliferation, he called perately need as a result of the attacks request of Members for aid at a time of it one of the most foremost threats of that occurred on September 11 in New disaster. In almost every instance contemporary times. How important York, in Virginia, and the plane crash when we speak of disaster, we speak of did President Bush think it was that that occurred in Pennsylvania. natural disaster. We speak of the re- we act immediately in regard to pro- Speakers before me have stipulated, I sults of flood or hurricane or earth- tecting Americans against the threat think, in precise and clear detail why quake or fire or some other natural dis- of nuclear proliferation? On November this amendment that the gentleman aster. The Committee on Appropria- 6, just a few days ago, he said, ‘‘We will from Wisconsin has put forward is so tions always responds. This House of

VerDate 06-NOV-2001 01:02 Nov 16, 2001 Jkt 099060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\K15NO7.090 pfrm13 PsN: H15PT1 H8226 CONGRESSIONAL RECORD — HOUSE November 15, 2001 Representatives always responds when to the attention of the House two addi- no dissenting votes the first down pay- disaster strikes anywhere in the coun- tional matters with respect to this ment of $40 billion that the Speaker try. The disaster that struck New York matter. played a very constructive role in help- is the worst disaster in the history of I note and I am now reading from a ing to negotiate. the Nation. No, it is not natural, it is story in the New York Times today Let me simply say that I understand man-made. It was inflicted upon us by which reads as follows: why our friend on the majority side of enemies from outside of the country. ‘‘Osama bin Laden’s al Qaeda net- the aisle and the committee yesterday Nevertheless, we need to respond to the work held detailed plans for nuclear could not vote with us on the amend- financial needs that are associated devices and other terrorist bombs in ments that we were proposing. I also with the occurrence of that strike, that one of its Kabul headquarters. The understand that, in their hearts, many disaster. Times discovered the partly burned of them would have liked to. We thought that this had been done. documents in a hastily abandoned safe I have an observation to make about Under the leadership of the chairman house in the Karte Parwan quarter of that which has been, in my view, will- of our committee, our ranking mem- the city, written in Arabic, German, fully misunderstood by one person in ber, the Speaker of this House and oth- Urdu and English. The notes give de- OMB who attended a meeting in the ers, an agreement was made shortly tailed designs for missiles, bombs and White House last week and willfully misdescribed to the press since. following the attack of September 11 nuclear weapons. There are descrip- When I was at the White House, I tions of how the detonation of TNT which would provide $40 billion; $20 bil- simply made this observation about compressed plutonium into a critical lion of that $40 billion would go for na- Congress as an institution. It had noth- mass, sparking a chain reaction and ul- tional defense and home security, and ing whatsoever to do with the oper- timately a thermonuclear reaction. the other $20 billion, it was made clear, ation of the White House or any other ‘‘Both President Bush and the British would be made available to the City branch of government. What I simply Prime Minister are convinced that bin and State of New York as a result of observed was this: When each of us is Laden has access to nuclear material, the consequences of this incredible dis- elected, we come to this body as politi- and Mr. Bush said earlier this morning aster that fell upon New York City. cians. All we prove when we win our that al Qaeda was seeking chemical, bi- We thought that that deal was signed first election is that we know how to ological and nuclear weapons. and secure. It was made, again, by the win an election. We then come to this leadership in this House, the leadership ‘‘The discovery of the detailed bomb- making instructions, along with stud- body and seek to become legislators as of the Committee on Appropriations on well as politicians, and that process is a bipartisan basis with the President of ies into chemical and nuclear devices, confirms the West’s worse fears and furthered by each of us being given a the United States. And the President committee assignment. After we are said, You shall have that money, State raises the specter of plans for an at- tack that would far exceed the Sep- given that committee assignment, we of New York, because we know you learn the business over which that need it. But now we are told that it is tember 11 atrocities in scale and grav- ity. Nuclear experts say the design sug- committee has jurisdiction. Some not necessary to provide that money at Members of this House learn it awfully this time. Only half of it has been made gested bin Laden may be working on an fission device similar to Fat Man, the well on both sides of the aisle. available to the City and State of New The point I was trying to make is bomb dropped on Nagasaki. However, York because of that terrible strike. that for any legislative body to be a they emphasize it was extremely dif- 1700 self-respecting legislative institution, b ficult to build a viable warhead.’’ there has to be a fair balance between We plead with you to provide us with The story goes on. the political requirements that some- the remainder, with the remaining $10 That is just one explanation of why times drive the party leadership of billion, and we plead with you specifi- the amendment that we seek to bring both parties and the substantive legis- cally for the individual people who to the floor after this continuing reso- lative requirements that should drive were afflicted as a result of that dis- lution is approved, why that amend- the committees of this institution. aster. Five thousand people almost ment contains $1 billion aimed at keep- In my view, when the leadership of were killed as a result of that strike. ing weapons of mass destruction away the other party seeks to intervene and They left behind husbands, wives, chil- from terrorists, including the items shut off the judgment of the committee dren. Many people are without health discussed most eloquently by the gen- that has responsibility for the subject insurance; many others have lost their tleman from Texas. matter at hand, there is nothing wrong jobs. I would simply say, Madam Speaker, with that happening occasionally. That We need to take care of the widows there has been considerable misunder- is the job of the leadership in both par- and orphans that have resulted as a standing about what the genesis of this ties. But when it happens routinely, es- consequence of that strike, and we amendment is. pecially on matters this sensitive, then need to make available to the people Let me simply say, Madam Speaker, what happens is that this body be- who have been placed out of work, tens that immediately after the need be- comes more and more strictly a polit- of thousands of people have lost their came apparent, the gentleman from ical rather than a legislative institu- jobs as a result of that strike, we need Florida and I both instructed our staffs tion. That is not good for us, that is to make available to them health in- to review all of the agency requests for not good for the country, and that is surance through COBRA, Medicaid for additional funds that might legiti- the point I am trying to make. those who were not eligible for COBRA, mately be considered by this body in It seems to me that if the committee unemployment insurance and Workers’ order to strengthen homeland security; had been left to its own devices, we Compensation for those people who and we produced for discussion pur- would have had a significantly have been injured as a result of this poses a document which listed items uncontroversial proposal to make to strike. Tier One, Tier Two, Tier Three, in the the House, which would have increased So these things, all of them, are nec- order of what people considered to be funding for military expenditures asso- essary. These amendments are appro- their importance. Some of them are ciated with the war. It would have priate. They ought to be considered in funded, some of them are not, under added these additional items which I the context of the bill. I hope and trust the base bill. believe are not at all controversial and that when the Committee on Rules We feel that if there had not been are badly needed to plug some of the considers this issue, they will in fact intervention at a higher level in this security holes, and we would have also make these amendments in order. institution, I feel strongly that we assured that the original commitment Mr. OBEY. Madam Speaker, con- would have had a bipartisan amend- made to New York, Pennsylvania and tinuing my reservation of objection, I ment presented to the committee yes- Virginia would have been maintained. thank the gentleman very much for his terday and to this House, whenever the That is the purpose of what we were comments. bill is considered, which would have trying to do yesterday. Madam Speaker, before I withdraw had us stand as one, just as we did a I urge the White House and I urge my reservation, I would like to bring few weeks earlier when we passed with every Member of this House to, please,

VerDate 06-NOV-2001 01:02 Nov 16, 2001 Jkt 099060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\K15NO7.092 pfrm13 PsN: H15PT1 November 15, 2001 CONGRESSIONAL RECORD — HOUSE H8227 before they make up their mind about Congress assembled, That Public Law 107–44 is tleman from New Jersey (Mr. PALLONE) how they are going to vote on whatever further amended by striking the date speci- is recognized for 5 minutes. rule is attached to the Defense Appro- fied in section 107(c) and inserting in lieu (Mr. PALLONE addressed the House. thereof ‘‘December 7, 2001’’; and by striking priations bill, I urge every Member to the date specified in section 123 and inserting His remarks will appear hereafter in simply review line-by-line what it is in lieu thereof ‘‘December 1, 2001’’. the Extensions of Remarks) that is being proposed. If they do, I The joint resolution was ordered to f think that you will find that the vast be engrossed and read a third time, was b 1715 majority of members of both parties read the third time, and passed, and a would recognize the substantive value motion to reconsider was laid on the CONGRATULATIONS TO MEL AND of what it is we are trying to do. It just table. SUG HANCOCK ON THEIR 50TH seems to me that that is our job. WEDDING ANNIVERSARY I also want to point out again, lest f anyone think we are trying to ‘‘bust COMMUNICATION FROM STAFF The SPEAKER pro tempore (Mr. the budget,’’ each and every add-on to MEMBER OF THE OFFICE OF AT- GRUCCI). Under a previous order of the the homeland security package, each TENDING PHYSICIAN House, the gentleman from Tennessee and every item in that bill contains as (Mr. DUNCAN) is recognized for 5 min- The SPEAKER pro tempore (Mr. utes. part of that item the following lan- GRUCCI) laid before the House the fol- guage: ‘‘Provided further that such Mr. DUNCAN. Mr. Speaker, I believe lowing communication from Ronald J. that all of us who are fortunate enough amounts shall be available only to the Norra, Pharmacist/Security Officer of to serve in this House consider it a extent that an official budget request the Office of Attending Physician: great privilege to do so, and we are that includes designation of the entire OFFICE OF ATTENDING PHYSICIAN, very grateful to our constituents for amount of the request as an emergency U.S. CAPITOL, requirement, as defined in the Bal- Washington, DC, November 15, 2001. giving us this privilege. I think most of anced Budget and Emergency Deficit Hon. J. DENNIS HASTERT, us feel that the best part, the most Control Act of 1985, is transmitted by Speaker, House of Representatives, gratifying part of our job is that we are Washington, DC. able to help many people, and we re- the President to the Congress.’’ DEAR MR. SPEAKER: This is to notify you What that language means, Madam ceive many very kind thank you notes formally, pursuant to Rule VIII of the Rules and letters. But certainly a close sec- Speaker, is that if this money were to of the House of Representatives, that I have be provided, not a dime could be spent been served with a subpoena for production ond is that we are each able to make unless the President later agreed that of documents issued by the U.S. District some very close friendships with other each and every one of those items rep- Court for the District of Columbia. Members from around the country, resented an emergency that needed to After consultation with the Office of Gen- people we probably never would have eral Counsel, I will make the determinations be funded. If, in the judgment of the met if we had never been able to serve required by Rule VIII. in this House. President after reviewing our argu- Sincerely, I consider myself very lucky to have ments, he decided that spending could RONALD J. NORRA, wait for another day, that is the way it Pharmacist/Security Officer. become friends with former Congress- man Mel Hancock of Missouri. Mel would be. He would maintain total con- f trol over the expenditures. came to Congress just a short time UNITED STATES ARCTIC RE- But we believe it is crucial to provide after I did, and this was only because I SEARCH PLAN BIENNIAL REVI- this, because we have talked to the was sworn in the day after the 1988 SION: 2002–2006—MESSAGE FROM FBI, the CIA, the National Security election, and he came in in January. I THE PRESIDENT OF THE UNITED Agency, to many other agencies of gov- rise today to pay tribute to Mel be- STATES ernment, and we are convinced that cause he and his wonderful wife, Sug, this is necessary for the good of the The SPEAKER pro tempore laid be- will celebrate their 50th wedding anni- country. fore the House the following message versary in Springfield, Missouri, this We have stimulus packages floating from the President of the United Sunday. around here being promoted by both States; which was read and, together Mel was one of the best examples of parties. I will not comment on what I with the accompanying papers, without a citizen legislator that I have ever think of them. But the fact is that if objection, referred to the Committee known. He was as honest as it is pos- we want to stimulate the economy, the on Science: sible to be. He was a straight shooter. number one requirement is to restore To the Congress of the United States: He always told the truth. If he could public confidence in our ability to Pursuant to the provisions of the not support a bill, he told the people travel and people’s ability to go into Arctic Research and Policy Act of 1984, who were for it that he could not sup- public places without fear, and that is as amended (15 U.S.C. 4108(a)), I trans- port it. He was one man who was never what we attempt to do. That could do mit herewith the seventh biennial revi- swayed by any special interests. He more to restore economic confidence sion (2002–2006) to the United States was and is a patriotic man who loves than virtually anything else this body Arctic Research Plan. this country. His life has been the will do. GEORGE W. BUSH. American dream come true. He did not So I urge each and every Member to THE WHITE HOUSE, November 15, 2001. have everything handed to him on a review this. And I repeat, we are per- f silver platter. He lived and worked for a while, for about a year and a half, in fectly willing at any time to grant SPECIAL ORDERS unanimous consent for that Defense my hometown of Knoxville as a rep- bill to come up today or tomorrow, The SPEAKER pro tempore. Under resentative of International Harvester; provided only that we have an oppor- the Speaker’s announced policy of Jan- and he and Sug had a son born there in tunity to vote on these three amend- uary 3, 2001, and under a previous order 1954. I guess I am glad that he left, ments. Surely that is not too much to of the House, the following Members though, because both of us could not ask. will be recognized for 5 minutes each. have been elected to Congress if he had Madam Speaker, I withdraw my res- f stayed there. ervation of objection. The SPEAKER pro tempore. Under a Mel started a bank security business The SPEAKER pro tempore (Mrs. previous order of the House, the gen- and built that small business up from BIGGERT). Is there objection to the re- tleman from Oregon (Mr. DEFAZIO) is nothing to become one of the most suc- quest of the gentleman from Florida? recognized for 5 minutes. cessful small businesses in the State of There was no objection. (Mr. DEFAZIO addressed the House. Missouri. Probably from his small busi- The Clerk read the joint resolution, His remarks will appear hereafter in ness background he became a staunch as follows: the Extensions of Remarks.) conservative, very much opposed to H.J. RES. 74 f Federal rules and regulations and red Resolved by the Senate and House of Rep- The SPEAKER pro tempore. Under a tape, and absolutely horrified by waste resentatives of the United States of America in previous order of the House, the gen- and high taxes. He believed that the

VerDate 06-NOV-2001 01:02 Nov 16, 2001 Jkt 099060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\K15NO7.094 pfrm13 PsN: H15PT1 H8228 CONGRESSIONAL RECORD — HOUSE November 15, 2001 people of Missouri knew better how to Mr. SOUDER. Mr. Speaker, last Fri- Americans today only see an Afghani- spend their own money than Federal day I led a bipartisan delegation to Eu- stan that is riven by tribal factions, bureaucrats could spend it for them. He rope that met with the exiled King of funded by heroin, chaos and constant believed in a government of, by, and for Afghanistan in Rome, and I want to war, terrorists and terrorist sympa- the people, rather than one of, by, and say up front one of the most common thizers. But the former King has shown for the bureaucrats. He led the fight in questions we had was, is United States that a different Afghan did exist, a coa- Missouri for the Hancock amendment policy tilted towards the King, or is it lition government, a move from mon- to limit taxes because he knew it is not tilted towards the Northern Alliance? archy to democracy, rights for women, possible to ever satisfy government’s And one thing we continually made and an economy not dependent upon appetite for money or land. clear and we need to continually make heroin. It can happen in Afghanistan, He did not win every race or every clear is that many of us here in Con- and it did for many years. election, but Sug stood by him through gress supported the Northern Alliance In that sense, the country is cur- thick and thin, the losses as well as the and wanted additional funding to go to rently missing all of this for many victories. He won his seat in Congress them, and many of us in Congress sup- years, and the exiled king would give running on the slogan of ‘‘Give ’Em port the exiled King. We support both, them a vision of hope. It is not a ques- Mel,’’ and he did just that in his 8 years and we believe there should be a coali- tion of his returning as a King, but as of service here. He served from 1989 to tion government. a symbol of a functional Afghanistan 1997 and always won overwhelming re- In fact, today’s papers, in The New which many people in the United elections. He could have been easily re- York Times, Washington Post, Los An- States and the world do not see. As our elected in 1996; but he had committed geles Times, all are running stories delegation told him, if we do not see, if to an 8-year term limit, and he was a suggesting that the Northern Alliance the Afghan that he represented that man of his word. In fact, probably is suddenly wanting to go it alone, now did not harbor terrorists, that re- about the only issue that Mel and I that after months of not moving or ac- spected human rights and, in fact, does ever disagreed on was that of term lim- tually retreating, were able to advance not distribute heroin, then the Amer- its. Mel started something called the with American bombs, all of a sudden ican people will help rebuild their eco- Hancock Poll for those of us who had they want to go exclusive. Our policy nomic devastation that the Taliban has come to Congress with him, always rat- needs to be balanced. caused. But we are not going to help ing us compared to his votes, and some I would like to share a few comments rebuild if, in fact, it is replaced with of us always thought it was a great of our exchange with the King and then another government. It does not mean honor if we came out very close to Mel some thoughts on the direction of that an enemy of an enemy is just in the Hancock Poll. where we may head. Clearly, the King that, an enemy of an enemy is a tem- Shortly after the first election in is 87. He is of strong mind and will, but porary ally, but to be a friend, where 1988, Mel went with other freshmen to he has been in exile for years. His role they get the financial assistance, the the Kennedy School of Government at would be more of a coordinator and trade and help in rebuilding their coun- Harvard; but because he found that peacemaker, not necessarily a domi- try, we want to see a decent govern- there is not really true academic free- nant leader. After all, he is 87, not 57. ment. dom in this country on our college His heart hurts for his people and coun- Afghanistan has been subject to campuses, and particularly in a place try. He expressed sorrow because of the being a political football for centuries, like Harvard, Mel got fed up and terrorism that brought the bombing. particularly between Russia and Eng- walked out on Harvard after just a He stated that that bombing was a nec- land, but all the way back to Timur-i- short time there. essary evil. He stressed the need for Leng, for centuries and centuries. The In his service here in this Congress, meetings with the Northern Alliance as book ‘‘Tournament of Champions,’’ a he became a member of the Committee soon as possible. We pushed him hard book about this battle for Central Asia, on Ways and Means, and he was a lead- in part on that point, and clearly they reads, in many ways, like the current er on the Committee on Ways and need to get to those meetings. Unfortu- New York Times: ‘‘Back and forth Means on all the major issues that that nately, one of the dangers here is if one through the passes, through the moun- very powerful committee acts on. He group gets in a dominant position, par- tain hideouts, hiding out in the snow, was a pilot, and he was very much in- ticularly if they are in the minority fighting mountain wars, tribal factions terested in aviation issues; and during population, a dominant governing posi- dominated by the bordering nations.’’ my 6 years as Chairman of the sub- tion over the others, we will not have What we do see in the reign of the committee aviation, he always had peace in Afghanistan; we will descend former King is a move to democracy, good suggestions and comments to into further chaos. that it can be different. A country torn make in regard to the very important We stressed Afghan solutions. But by war with tribal and religious dif- aviation issues facing this country. that does not mean just warlords who ferences that was poor before being Mr. Speaker, Mel Hancock was and is could not have advanced without our wrecked by the Taliban is not suddenly a true-blue American who believes in bombs; it means a real coalition. Our going to be paradise on Earth. Roman- free enterprise, private property and goal is to hunt down terrorists and to ticism by Americans is not in order. individual freedom, the things that bring them to justice and to hold those But we do know that it can be a bet- made this country great. He voted that who harbor terrorists accountable; but ter Afghanistan. We do know that if way here in the House. Mel Hancock our goal is not to be nation-building there is a coalition government that helped make this Nation great, and our beyond a point. We want an Afghan so- respects the rights of the Afghan peo- country is a better place today because lution, but if they want our long-term ple, that does not deal in heroin, that of men and women like Mel and Sug support, they need to have a balanced is committed to rebuilding their econ- Hancock. Mel Hancock is one of the solution. omy, that is oriented towards peace, finest men I have ever known, and I We also aggressively oppose the dis- not harboring terrorists, it can be dif- know that all of my colleagues who tribution of heroin and the violation of ferent. But if it does not, it not only served here with him and got to know human rights, which some of our so- will not be a paradise, it will continue Mel join me in wishing him and Sug a called new-found friends have done as to be close to an earthly version of wonderful and a happy 50th wedding well, not just the Taliban. Financial hell. anniversary this coming Sunday. assistance and trade policies of the f f United States are impacted by a gov- ernment’s abuse of human rights and HONOR THE FALLEN VISIONS FOR A NEW death peddling through drug dealing The SPEAKER pro tempore. Under a AFGHANISTAN and drug trafficking of heroin. previous order of the House, the gentle- The SPEAKER pro tempore. Under a There is an Afghan solution that woman from Virginia (Mrs. JO ANN previous order of the House, the gen- meets these goals, but it needs to in- DAVIS) is recognized for 5 minutes. tleman from Indiana (Mr. SOUDER) is clude the people of the north as well as Mrs. JO ANN DAVIS of Virginia. Mr. recognized for 5 minutes. the majority Pashtuns of the south. Speaker, today I would like to take up

VerDate 06-NOV-2001 03:12 Nov 16, 2001 Jkt 099060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\K15NO7.101 pfrm13 PsN: H15PT1 November 15, 2001 CONGRESSIONAL RECORD — HOUSE H8229 where we left off yesterday as we con- tleman from South Dakota (Mr. However, he did not give up nor give in. tinue to pay tribute and honor the fall- THUNE) is recognized for 5 minutes. He secured a $500 loan by using his en who perished as a result of the at- (Mr. THUNE addressed the House. His mother’s furniture as collateral. tacks of September 11, 2001. This grow- remarks will appear hereafter in the In 1942, he founded Johnson Pub- ing list of over 3,000 names includes Extensions of Remarks.) lishing Company in Chicago and began many of the victims of the recent hor- f production of the Negro Digest, later rific attacks on our great Nation. I in- titled Black World. On November 1, GENERAL LEAVE tend to read these names for as many 1945, the first issue of Ebony hit the days as it takes in this ongoing effort Mr. DAVIS of Illinois. Mr. Speaker, I newsstands. With a monthly circula- to honor those individuals who lost ask unanimous consent that all Mem- tion of more than 2 million, Ebony is their lives or are still missing. Again, bers may have 5 legislative days in the largest African American-oriented please forgive me in advance for any which to revise and extend their re- magazine in the country. mispronunciations of the names. marks and to include extraneous mate- Mr. Johnson did not rest on his suc- Mr. Speaker, I ask for God’s blessing rial on the subject of my special order cess, and in 1985 he started Ebony Man, on the following: Terence M. Lynch; this evening. which now has a circulation of 300,000, Michael F. Lynch; James Francis The SPEAKER pro tempore. Is there and he owns a 20 percent interest in Es- Lynch; Farrell Peter Lynch; James objection to the request of the gen- sence, his closest competitor. Lynch; Robert H. Lynch, Jr.; Sean Pat- tleman from Illinois? In the 1970s, Mr. Johnson branched rick Lynch; Michael Lynch; Richard There was no objection. into cosmetics, insurance, and other Dennis Lynch; Louise A. Lynch; Sean f media. Today he owns Fashion Fair Cosmetics and Supreme Beauty Prod- Lynch; Nehamon Lyons, IV; Michael J. HONORING THE 50TH ucts. By all accounts, Mr. Johnson has Lyons; Patrick Lyons; Monica Lyons; ANNIVERSARY OF JET MAGAZINE Robert Francis Mace; Marianne risen above the obstacles of poverty Macfarlane; Jan Maciejewski; Susan The SPEAKER pro tempore. Under a and prejudice to become one of the MacKay; Catherine Fairfax MacRae; previous order of the House, the gen- most successful publishers and busi- Richard B. Madden; Simon Maddison; tleman from Illinois (Mr. DAVIS) is rec- nessmen in history. Dennis A. Madsen, Sr.; Noell C. Maerz; ognized for 5 minutes. On tomorrow, I shall introduce a res- Joseph Maffeo; Jennieann Maffeo; Jay Mr. DAVIS of Illinois. Mr. Speaker, I olution in the House so that all Mem- Robert Magazine; Brian Magee; Charles rise today to acknowledge the 50th an- bers will have an opportunity to pay Wilson Magee; Joseph Maggitti; Ronald niversary of Jet Magazine and pay trib- tribute to this outstanding American. E. Magnuson; Daniel L. Maher; Thomas ute to its founder, Mr. John H. John- He will be the first to tell us that he A. Mahon, William J. Mahoney; Joseph son. has not always enjoyed success. In fact, Maio; Takashi Makimoto; Abdu This month Jet Magazine, black he started seven magazines, four of Malahi; Debora I. Maldonado; Myrna T. America’s number one weekly news them failures. Mr. Johnson says that Maldonado-Agosto; Alfred R. Maler; magazine, turns 50 years old. Since 1951 out of failure comes success. He in- Gregory James Malone; Joseph E. Jet Magazine has provided a voice to structs that one must always be will- Maloney; Edward Francis ‘‘Teddy’’ and for African Americans and people ing to take the risk of failing in order Maloney; Gene E. Maloy; Christian of color. Jet Magazine has covered sto- to succeed. Hartwell Maltby; Francisco Mancini; ries in black life that the mainstream His unwavering spirit, tenacity, and Joseph Mangano; Sara Elizabeth press often ignores. From the civil persistence to succeed have not been Manley; Debra M. Mannetta; Terence rights movement to politics, music, the his alone. Mr. Johnson credits his late J. Manning; Marion Victoria Manning; arts, and sports, Jet has always been mother, Mrs. Gertrude Johnson Wil- James Maounis; Alfred Gilles Padre Jo- there to give voice to ordinary people. liams, for much of his success. It was seph Marchand; Joseph Marchbanks, Today, Jet Magazine currently en- her nurturing, support, and guidance Jr.; Hilda Marcin; Peter Mardikian; Ed- joys a circulation of more than 970,000 that planted the seeds for his success. ward Joseph Mardovich; Charles weekly and is international in its He notes that she lived to see 30 years Margiotta; Louis Neil Mariani; Kennth scope. The magazine has been success- of his success. Marino; Vita Marino; Lester Vincent ful because it speaks to and addresses Additionally, he credits his wife of Marino. issues that directly impact black more than 50 years, Ms. Eunice John- Again, Mr. Speaker, I have an alpha- America. son, who is the producer and director of betical list that I would request that As Jet Magazine celebrates its 50th Ebony Fashion Fair, and his daughter, all Members utilize for this coordi- anniversary, it does so in good finan- Linda Johnson Rice, who is the chief nated effort. As more victims are iden- cial shape. We know that behind every operating officer of Johnson Publishing tified, their names will be added to this successful venture is a person with vi- Company. book. Please contact my office with sion and a good work ethic. Well be- Additionally, no operation is success- times that fit Members’ schedules so hind Jet Magazine is Mr. John H. John- ful only because of its leadership. Mr. that we can arrange for the book to be son, a man of integrity a man who be- Johnson has a team of over 2,600 em- on the floor at Members’ convenience, lieves that hard work, determination, ployees who contribute to Johnson for Special Orders or 1-minute speech- dedication, and education allows one to Publishing Company. Stellar among es. I appreciate their assistance in this rise above poverty and racism. this group for many years was Mrs. important undertaking. Again, I en- Mr. Johnson’s story is truly rep- Willie Miles Burns, a good friend of courage my colleagues to join me in resentative of one who has pulled him- mine and Mr. Johnson’s cousin, who for honoring the fallen. self up by his bootstraps. Born in Ar- many years was vice president for cir- kansas City, Arkansas, on the banks of culation. f the Mississippi River, he moved to Chi- As a result of Mr. Johnson’s prowess, b 1730 cago when he was 15. others have been able to let their lights As a young man, he spent 2 years on of journalistic talent and management The SPEAKER pro tempore (Mr. welfare while at DuSable High School. skills shine, individuals like associate GRUCCI). Under a previous order of the He often calls himself a welfare grad- publisher and executive editor emer- House, the gentlewoman from Georgia uate. He noted that the days he spent itus Robert Johnson, who ran Jet for (Ms. MCKINNEY) is recognized for 5 min- on welfare were some of his darkest many years; and current senior editor, utes. days, and his greatest goal was to get Sylvia P. Flanagan; managing editor (Ms. MCKINNEY addressed the off, which he did. Malcolm R. West; feature editor Clar- House. Her remarks will appear here- Mr. Johnson recalls that when, at the ence Waldron; Washington Bureau after in the Extensions of Remarks.) age of 24, he first tried to borrow Chief Simeon Booker; West Coast Bu- f money to start a magazine geared to- reau Chief Aldore D. Collier, and many The SPEAKER pro tempore. Under a ward African American readers, a others who have helped to make the previous order of the House, the gen- banker refused and called him a boy. Johnson Publishing Company a team.

VerDate 06-NOV-2001 01:09 Nov 16, 2001 Jkt 099060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\K15NO7.103 pfrm13 PsN: H15PT1 H8230 CONGRESSIONAL RECORD — HOUSE November 15, 2001 Mr. Johnson, now 83, still works hard awards for his outstanding achievements, in- Simeon Booker, has been a consistent source and has not missed a beat. He has re- cluding the Presidential Medal of Freedom, the of information about current events, and gov- ceived thousands of awards and acco- Horatio Alger Award, the NAACP Springarn ernmental and legislative decisions. lades. Recently, he was the first Afri- Medal, and the National Newspaper Pub- Over the years, John Johnson has helped to can American to be inducted into the lishers Association’s Henry Johnson Fisher present the news and interests of people of prestigious Arkansas Business Hall of Award for outstanding contributions to pub- color virtually around the world. Today we sa- Fame. lishing. lute him, and one of his flagship publications— Mr. Johnson and Ebony and Jet have The Johnson Publishing name is synony- Jet Magazine—for being part of our lives for all given African Americans, as well as mous with achievement, wealth, staying 50 years. All of us look forward to another 50 much of the rest of the world, knowl- power, vision and plain old common sense. So years of success, and of Ebony and Jet Maga- edge, insight, and understanding into at this time, I want to congratulate and thank zine continuing to bring the news not only to the needs, hopes, and aspirations of the Mr. Johnson and JET Magazine for 50 years all of us, but also to future generations. people. of journalistic excellence. Mrs. MEEK of Florida. Mr. Speaker, I am Mr. CLAY. Mr. Speaker, I rise today to offer Mr. SCOTT. Mr. Speaker, today, we cele- pleased to join my colleagues in honoring Mr. my congratulations to JET Magazine and its brate the 50th Anniversary of Jet Magazine, John H. Johnson, Publisher and Chief Execu- founder and publisher, John H. Johnson, on and congratulate Mr. John H. Johnson and the tive Officer of the Johnson Publishing Com- the 50th anniversary of the world’s leading Jet Magazine family on 50 outstanding years pany on the 50th Anniversary of JET Maga- Black weekly newsmagazine. of covering African-American life. zine—Black America’s leading weekly news John H. Johnson is the president of John- Both Ebony and Jet Magazine have meant magazine. son Publishing Company, the most prosperous a lot to African-Americans; it was a way for us Mr. Johnson is one of the true giants of the African-American publishing empire in Amer- to be connected as a community, at a time American business world, and the publishing ica. In addition to JET Magazine, his company when there were few publications of wide- industry. In November 1942, as a young vi- also publishes Ebony, Black Star and JET Jr. spread circulation devoted to African-American sionary, he began publishing the Negro Digest magazines. Within the journalism industry, life. Many of us can remember the first time with a $500 loan using his mother’s furniture John H. Johnson is to publishing, what Berry we glimpsed Jet and Ebony in our family as collateral. Over the years he has built the Gordy of Motown is to the entertainment in- homes, and learned about current events, and privately held company into what is widely re- dustry. the lives and achievements of our fellow Afri- garded as the world’s largest Black-owned John Johnson’s journalistic dream began in can-American. publishing company. Chicago in 1942. Back then, he was going to The success and longevity of Ebony and Jet Today, Johnson Publishing Company titles college and working part time for an insurance Magazine are due to the vision, hard work and include: EBONY magazine, JET magazine, company, where he clipped articles con- perseverence of John H. Johnson, the pub- and EBONY magazine South Africa. EBONY magazine, with a monthly circula- cerning African-Americans out of newspapers lisher, chairman, and Chief Executive Officer tion of more than two million, is the largest Af- and magazines. It was there that Johnson re- of Johnson Publishing Company. rican American oriented magazine in the coun- alized that the black community was lacking a John Johnson began with a vision and an idea. When he was in his early 20’s, he try. publication similar to Life and Reader’s Digest, Fifty years ago this month, Johnson Pub- worked for the Supreme Liberty Life Insurance so he set out to design a magazine that would lishing introduced JET, a national weekly Company, then the largest African-American cater specifically to the African-American com- which now boasts a weekly circulation of near- owned business in the North. One of John munity. ly 1 million. Since 1951, JET magazine has To raise money to fund his project, Mr. Johnson’s jobs was to comb African-American firmly established itself as Black America’s Johnson’s mother allowed him to use her fur- newspapers and magazines from around the weekly news magazine. It has done so, pri- niture as collateral for a $500 loan. Johnson country, in order to brief the President of Su- marily, by covering stories about Black life then developed a mailing list of 20,000 Afri- preme Liberty Life. John Johnson soon discov- often ignored by the mainstream press, in a can-American households, whose names he ered that African-Americans were hungry for timely and relevant manner. had pulled from the insurance company’s list news of their own community—news that was Johnson Publishing Company has provided of policyholders. With the money he had bor- broader than what was reported in the pre- thousands of opportunities for Black journalists rowed, Johnson sent letters to those on the dominantly white media of the time, and news to get their start and move to higher positions. list, in which he offered $2 subscriptions for that was not, as Mr. Johnson remarked, ‘‘only Mr. Johnson is one of those special individ- his yet unpublished magazine. He received in connection with a crime.’’ uals in whom there exists not only an im- 3,000 replies and printed the first issue of his So in 1942 John Johnson founded Negro mense capacity for service, but also that touch new magazine, Negro Digest, later to be re- Digest. However, due to his humble roots, Mr. of genius which everybody recognizes but no named Black World, with only $6,000. Johnson did not have the financial support one can define. He is also a great man with Mr. Johnson began his second publication, necessary to support his new publication. At a great big heart. Since 1958 he has donated Ebony, in 1945. Six years later, Johnson start- the time, mainstream banks did not commonly more than $48 million to charitable causes. ed JET Magazine, which today is his flagship make loans to African-Americans, so John So, to John H. Johnson I say thank you for publication. However, in the 1950’s Johnson Johnson ended up borrowing $500 at the Citi- your vision, your wisdom, and your example. Publishing Company was not without prob- zens Loan Corporation, using his mother’s fur- Thank you for giving African Americans a lems. He had trouble getting mainstream niture for collateral. The magazine quickly be- voice in the publishing world, and congratula- sponsors to advertise, so Mr. Johnson decided came successful. tions on fifty years of publication of JET maga- to form his own company, called Beauty In 1945, John Johnson launched Ebony, zine. modeling it after Life and Look magazines. Salon, and advertised his own products in the f pages of his publications. Johnson would later Ebony started as a magazine about achieve- receive sponsorships from Zenith Radio and ment and success. John Johnson realized the AGRICULTURAL BIOTERRORISM Chrysler after some coaxing. importance of African-Americans feeling good COUNTERMEASURES ACT OF 2001 Today, JET Magazine has a weekly circula- about themselves, and of their achievements The SPEAKER pro tempore. Under a tion of nearly 1 million. Over the last 50 years, in the context of American society. In his previous order of the House, the gen- JET Magazine has chronicled the important book, Succeeding Against the Odds, Mr. John- tleman from Oklahoma (Mr. LUCAS) is milestones in the lives of African-Americans, son wrote that at the time, ‘‘There was no con- recognized for 5 minutes. including desegregation, black migration from sistent coverage of the human dimension of Mr. LUCAS of Oklahoma. Mr. Speak- the South, the Civil Rights movement, our ef- black Americans in Northern newspapers and er, I rise today to ask for Members’ forts to reduce poverty, and African-American magazines. It’s hard to make people realize support for the Agricultural Bioter- advances in politics, the Arts and sports. It is this, but blacks didn’t get married on the soci- rorism Countermeasures Act of 2001, America’s preeminent publication on the Black ety pages of major American dailies until the H.R. 3293. experience. late sixties.’’ The tragic events of September 11 It is also worth noting that in 1995, Johnson Jet Magazine followed in 1951, and contin- have made all Americans appreciate Publishing Company expanded their oper- ued John Johnson’s vision of reporting about our freedom and democracy more than ations into South Africa. the people, history and current events of the ever. As we continue to get our lives Over the course of his illustrious publishing African-American community. For example, Jet back to normal, we must also realize career, Mr. Johnson has received numerous Magazine’s Ticker Tape column, authored by how much this has changed.

VerDate 06-NOV-2001 01:09 Nov 16, 2001 Jkt 099060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\K15NO7.106 pfrm13 PsN: H15PT1 November 15, 2001 CONGRESSIONAL RECORD — HOUSE H8231 Terrorism does not have to be di- important, and encouraging ARS to The SPEAKER pro tempore. Under a rected towards people; it can be di- work with international operations to previous order of the House, the gen- rected at our modes of transportation, control the spread of plant and animal tleman from Illinois (Mr. RUSH) is rec- our communications infrastructure, or diseases. ognized for 5 minutes. even our food supply. The consortium for countermeasures (Mr. RUSH addressed the House. His The United States Department of Ag- against agricultural bioterrorism is remarks will appear hereafter in the riculture, along with the Food and truly valuable. Those colleges and uni- Extensions of Remarks.) Drug Administration, is in charge of versities that turn out animal and f ensuring that Americans have a safe plant doctors will coordinate with the The SPEAKER pro tempore. Under a and abundant food supply. Federal agencies, such as USDA, to de- previous order of the House, the gentle- I would like to make it absolutely velop the long-term program needed to woman from California (Ms. LEE) is clear that because of USDA and FDA combat bioterrorism. Americans enjoy the benefit of the Furthermore, competitive grants will recognized for 5 minutes. safest food supply in the world. How- be provided through USDA which are (Ms. LEE addressed the House. Her ever, USDA and FDA have not had to directed towards the protection of the remarks will appear hereafter in the clearly focus on how to prevent ter- domestic food supply. The Animal and Extensions of Remarks.) rorism, bioterrorism, agriterrorism, or Plant Health Inspection Service, f whatever term one prefers to use in de- APHIS, will be authorized to receive HISTORIC COMPROMISE ON scribing the threats to America’s food more funds to increase inspections at AVIATION SECURITY supply. points of origin and to improve surveil- Prevention is the key and long-term lance at points of entry. They will also The SPEAKER pro tempore. Under a planning should be the goal to contin- be required to develop new and better previous order of the House, the gentle- ued food safety. Congress needs to take techniques of working with State and woman from California (Ms. positive steps to help USDA perform local agencies to control the outbreaks MILLENDER-MCDONALD) is recognized what we ask of it. of plant and animal diseases. for 5 minutes. Today, I am dropping a bill to help The Food Safety Inspection Service, Ms. MILLENDER-MCDONALD. Mr. with prevention and long-term plan- FSIS, will be charged with enhancing Speaker, today is a glorious day for us. ning. H.R. 3293 authorizes money to be its ability to inspect the safety of meat It is a glorious day for the American spent on USDA’s agricultural research and poultry products. Like APHIS, people because today we have reached a laboratories so that there is adequate FSIS will be expected to work with historic compromise and have finally plant and animal research being per- State and local agencies to create the addressed aviation security, a full 8 formed to combat bioterrorism. Some best possible means of sharing informa- weeks after the tragic events of Sep- of USDA’s most important research fa- tion and technology in order to reach tember 11. cilities need to be modernized in order the best results possible. We now have a victory for the Amer- for the U.S. to stand ready for our new This legislation is designed for the ican people, the flying public, and the fight. long-term benefit of producers and con- flight crews that will be traveling dur- The bill also provides money for the sumers alike. Please support H.R. 3293. ing this upcoming holiday season. We Oklahoma City National Memorial In- f will be scrapping a system that is bro- stitute for the Prevention of Ter- The SPEAKER pro tempore. Under a ken. rorism, for research to make sure that previous order of the House, the gen- Today, public safety is threatened by USDA, the Department of Agriculture, tleman from Mississippi (Mr. SHOWS) is an unprecedented event: War has been and other law enforcement and emer- recognized for 5 minutes. declared on the American people by gency preparedness organizations co- (Mr. SHOWS addressed the House. Osama bin Laden and his terrorist net- operate and have the proper techniques His remarks will appear hereafter in work. The Federal Government must in place in the event of bioterrorism the Extensions of Remarks.) protect our country during these times of peril. events. f Further, Oklahoma State is author- Security at the Nation’s airports is The SPEAKER pro tempore. Under a ized to receive a grant to establish a no longer a private-sector matter; it is previous order of the House, the gen- food safety research center. OSU is the in fact part of the front line of our Na- tleman from Florida (Mr. FOLEY) is ideal location for a food safety center tion’s defense. Congress needs to treat recognized for 5 minutes. that is needed in our new struggle. (Mr. FOLEY addressed the House. His this as a question of national security This proposed food safety center will remarks will appear hereafter in the by putting in place an effective Federal utilize state-of-the-art detection meth- Extensions of Remarks.) law enforcement system. ods to determine the critical points in Mr. Speaker, America is experiencing the food chain, from production, har- f a crisis of confidence in its aviation vest, processing, and distribution, to The SPEAKER pro tempore. Under a system. The status quo of private secu- consumption, where interventions previous order of the House, the gen- rity firms in no way will provide the could be applied to eliminate the tleman from Virginia (Mr. SCOTT) is aviation security necessary to protect known hazards for humans. recognized for 5 minutes. the traveling public. Simply put, the The Secretary of Agriculture will de- (Mr. SCOTT addressed the House. His private contractors who currently have velop rapid response field test kits that remarks will appear hereafter in the the responsibility for screening pas- can quickly be deployed to State and Extensions of Remarks.) sengers and baggage failed on Sep- local agencies to determine if an act of f tember 11, and for that matter, they bioterrorism has occurred. These are The SPEAKER pro tempore. Under a have failed for the past three decades. intended for quick discovery and to previous order of the House, the gen- The private contractors entrusted confirm outbreaks of plant or animal tleman from Indiana (Mr. PENCE) is with overseeing security for our avia- diseases, pathogens, or other bioter- recognized for 5 minutes. tion system are the same companies rorism agents. (Mr. PENCE addressed the House. His who pay very low wages, have a turn- The intramural agricultural bioter- remarks will appear hereafter in the over of over 400 percent, and have rorism research and development sec- Extensions of Remarks.) failed to detect dangerous objects that tion of this bill will make USDA’s ARS f were recently revealed by the GAO and programs focus on enhancing regu- The SPEAKER pro tempore. Under a the Department of Transportation dur- latory agencies’ response time, encour- previous order of the House, the gentle- ing their testing. aging academic and private sector woman from North Carolina (Mrs. 1745 partners to work together to maximize CLAYTON) is recognized for 5 minutes. b research benefits, strengthening the (Mrs. CLAYTON addressed the House. In fact, 68 percent of the teams sent links with the intelligence community Her remarks will appear hereafter in by the DOT Inspector General repeat- to learn what research needs are most the Extensions of Remarks.) edly found a breach of security.

VerDate 06-NOV-2001 03:12 Nov 16, 2001 Jkt 099060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\CR\FM\K15NO7.107 pfrm13 PsN: H15PT1 H8232 CONGRESSIONAL RECORD — HOUSE November 15, 2001 Argenbright, one of the companies These deductions cover the taxpayer’s spouse and he is unable to pay for that. So it currently entrusted with security at and any dependents and must be used on is not a luxury, but it is something he our Nation’s airports, was fined a mil- commercial travel (air, bus, train, boat). The must let go if he is going to try to lion dollars and placed on 36 months taxpayer may also use these deductions for meet his mortgage payment and the probation. This company failed to con- hotels, meals and other travel costs. rest of the obligations to his family. duct required background checks, hired Hotels are lowering their prices to try to en- Ms. Woods was in the same situation. convicted felons, and improperly tice tourists to come and stay. The federal On her unemployment, she would have trained workers which provided secu- government must do our part to give the pub- had to pay $200 a month for her COBRA rity at U.S. airports. Their probation lic incentives to travel again in order to revive was extended on October 23 for failure the depressed economies of all states and and she can not afford to do that, nor to comply with a previous court order. communities that rely on tourism for their liv- can her son. This is the same company that was re- ing. The President and my fellow colleagues These are two individuals that, be- sponsible for the recent security breach have repeatedly stated that we must keep tween them, have worked almost 50 at Chicago O’Hare. America rolling and we must return to some years, 50 years; and now they find This issue does not revolve just sense of normalcy. Giving these incentives will themselves having to need unemploy- around Argenbright. In the last 5 years, actually accomplish these feats. ment for 26 weeks and that has run out. FAA successfully prosecuted over 1,776 I urge my colleagues to support the Travel And yet this Congress has failed to re- cases for screening violations which Stimulus Act of 2001. spond to provide for an extension of un- amounts to more than a violation a f employment benefits. We provided a day. These cases resulted in $8.1 mil- EXTENDING UNEMPLOYMENT bailout for the airline industry for $15 lion in civil penalties against air car- BENEFITS billion, $5 billion in cash. We provided riers for screening violations by screen- $38 billion to the energy industries in ing companies. The SPEAKER pro tempore. Under a previous order of the House, the gen- tax provisions. We have provided a re- Are these the kind of companies, Mr. peal of the alternative minimum tax so Speaker, that we want to ensure our tleman from California (Mr. GEORGE that some of the richest and largest aviation security when millions of our MILLER) is recognized for 5 minutes. corporations in the world would get fellow Americans and even us, who Mr. GEORGE MILLER of California. their taxes forgiven back to 1986. We travel twice a week and will be trav- Mr. Speaker, yesterday the Committee eling during this upcoming holiday day on Education and the Workforce held a have provided tax reductions for the season, need? Absolutely not. hearing at the request of the Demo- wealthiest people in this country. And Thankfully, under the compromise cratic Caucus to listen to those indi- most recently now the President has reached by the conferees and the ad- viduals who have been impacted by the suggested we speed up those tax reduc- ministration, all airports will have fed- downturn in the economy, workers, Mr. tions to that same group of very, very eralized screeners. In addition, this John Sweeney, the president of the wealthy individuals. compromise will allow for a significant AFL/CIO, who represents many, many But what the Congress has not found increase in the air marshal program. It workers who have been caught in this time to do is to take care of the hun- will require screening for all checked downturn in the economy. dreds of thousands of people, the mil- baggage within 2 years, and it will re- As we listened to two of the wit- lions of people in this country that are quire background checks for all airport nesses, Mr. Michael Hannah, who is a in the same situation as Linda Woods member of the Steel Workers in Bir- personnel and aircraft crews. and Michael Hannah. What we have not mingham, Alabama, who has worked The Congress owes a duty to the found time to do is extend the unem- for 29 years in that industry and re- American public to ensure the strong- ployment benefits for another 26 weeks cently, working for Butler Manufac- est level of security possible at our Na- or another 13 weeks or whatever we can turing, has just been told that he will tion’s airports. As the senior member do to help these people. Many of these be laid off indefinitely as of November serving on aviation from California, I people were unemployed before Sep- am very pleased to be able to come 30. Mr. Hannah had been laid off earlier this year for 4 months. And, of course, tember 11. But because of the Sep- today to let the American people know tember 11 terrorist attack in New York that Congress has responded to their what Mr. Hannah is now confronting is, his unemployment benefits of $190 a City and the Pentagon, the economy requests. has gotten worse. Removing the profit motive from air- week are running out. port security and establishing a Fed- We also heard from Linda Woods. So their situation in trying to find eral law enforcement work force will Linda Woods has been employed in the work has become more difficult, and provide the necessary security and re- commercial printing and advertising many people who are unemployed be- store the traveling public’s confidence. industry for the last 18 years and for cause of September 11 in the hotel in- Mr. Speaker, we are all the better off. one company the last 8 years, making dustry, the travel industry, they now f $19.11 an hour, but she too has been laid find themselves trying to replace their off and she is down to her last unem- income in a worsening job market. If TRAVEL STIMULUS ACT OF 2001 ployment check. Her son, who is also they look for work for 30 hours a week, The SPEAKER pro tempore (Mr. working and helping her obviously they cannot get unemployment be- GRUCCI). Under a previous order of the while he is holding down two jobs for a cause that is not full-time, and while 97 House, the gentlewoman from Hawaii hotel and an auto parts factory, has percent of the businesses in this coun- (Mrs. MINK) is recognized for 5 minutes. lost both of those jobs. First went the try pay into unemployment insurance, Mrs. MINK. Mr. Speaker, on November 13, hotel job and then the auto parts fac- less than 40 percent of the people are 2001, I introduced H.R. 3281, the Travel Stim- tory job. So that income has been lost covered. ulus Act of 2001. This bill will allow individuals to her household. to claim a temporary tax deduction for travel Mr. Hannah told us also of the prob- Mr. Speaker, I realize my time is expenses for cost of travel after September lems of his wife who just suffered a running out. I just want to say this. As 11, 2001, and before September 12, 2001. back injury and is unable to work and Congress heads home for Thanksgiving Mr. Speaker, people are not traveling. In my needs a lot of expensive medicines, as dinner with their family, the holidays home State of Hawaii, our beaches and hotels he said. He has also told us he would with their children and grandchildren, are empty, our economy is floundering, and not be able to continue his health in- we had better remember these families our workers are being laid-off at staggering surance under the COBRA program and pass the unemployment extension rates. The total unemployed as of this date is which allows unemployed people to bill so that they can do it. It is the 27,000. continue to have their health insur- most efficient economic stimulus we I have introduced the Travel Stimulus Act of ance they had when they were working, can provide. These people will spend 2001, to allow individuals to deduct personal but they must pay for, would cost him the money to create the demand so the travel expenses for all personal travel to a $529 a month. And, of course, his unem- economy can recover. We ought to do it destination of 500 miles or more from home. ployment provides him $760 a month, and we ought to do it now.

VerDate 06-NOV-2001 01:09 Nov 16, 2001 Jkt 099060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\CR\FM\K15NO7.116 pfrm13 PsN: H15PT1 November 15, 2001 CONGRESSIONAL RECORD — HOUSE H8233 THE PLIGHT OF BLACK FARMERS In my home State of North Carolina, Jose Martinez; Edward J. Martinez; The SPEAKER pro tempore. Under a there has been a 64 percent decline in Betsy Martinez; Robert Martinez; Lizie previous order of the House, the gentle- minority farmers just over the last 15 Martinez-Calderon; Paul Richard Mar- woman from North Carolina (Mrs. years, from 6,996 farms in 1978 to 2,498 tini; Joseph Mascali; Bernard CLAYTON) is recognized for 5 minutes. farms, again when we measured from Mascarenhas; Stephen Masi; Ada L. Mrs. CLAYTON. Mr. Speaker, over this time in 1992. There are several rea- Mason; Nicholas ‘‘Nick’’ Massa; Patri- the last 9 years I have come to this sons why a number of minorities and cia A. Massari; Michael Massaroli; floor to talk about the plight of rural limited resource farmers indeed are de- Philip W. Mastrandrea; Rudolph America. I have talked about farmers, clining so rapidly, but the one that has Mastrocinque; Joseph Mathai; Charles including small farmers, disadvantaged been documented time and time again William Mathers; William A. farmers and minority farmers. is the discrimination in the credit ex- Mathesen; Margaret Elaine Mattic; Today, I rise again to talk about the tended by the Department of Agri- Marcello Mattricciano; Dean E. plight of the black farmers who have culture, the very agency established by Mattson; Robert D. Mattson; Walter suffered a saga of mistreatment, dis- the U.S. Government to accommodate Matuza; Choi ‘‘Irene’’ Mau; Timothy crimination and benign neglect. I and to assist the special needs of all Maude; Charles J. Mauro; Nancy T. would say that both the problems, as farmers and ranchers. Mauro; Dorothy Mauro; Charles A. well as their possibilities, really tran- The issue was first raised in 1968 Mauro; Robert J. Maxwell; Renee May; scend region, transcend race. It encom- when the U.S. Commission on Civil Tyrone May; Keithroy Maynard; Rob- passes a wide array of individuals that Rights established that the USDA dis- ert J. Mayo; Kathy Mazza; Edward go beyond just black Americans but in- criminated both in internal employee Mazzella, Jr.; Jennifer Mazzotta; cludes Hispanics, includes Asian, in- actions and external program delivery Kaaria Mbaya; James J. McAlary; cludes Indian Americans and women as activities. An ensuing USDA employee Brian McAleese; Patricia A. McAneney; well. focus group that was established in 1970 Colin Richard McArthur; John This issue also affects the disabled. A again reported that USDA was callous McAvoy; Kenneth M. McBrayer; Mi- wheelchair-bound white male in Michi- in their institutional attitude and de- chael Justin McCabe; Brendan F. gan has felt the sting of unfair dis- meanor regarding civil rights and equal McCabe; Charlie McCabe; Robert criminatory practices on the part of opportunity. McCallum; the Agriculture Department and con- In 1982, the U.S. Commission on Civil And I would encourage my colleagues tacted the Agriculture Department, Rights examined the issue yet again to contact our colleague, the gentle- who are there to serve; and indeed, all and published the report called The De- woman from Virginia (Mrs. JO ANN who are involved in farming as a way cline of the Black Farmers in America. DAVIS), to help us read the names of of life are affected by the mistreatment The Commission concluded that there those who fell in the tragedy on Sep- and by the lost opportunities that the were widespread prejudicial practices tember 11. black farmers would have. in loan approval, loan servicing, farm f All farmers are affected by changes management assistance as adminis- TRIBUTE TO FORMER CONGRESS- and forces that have been experienced tered by then what we used to call the MAN EDWARD P. BOLAND in this new world order or this new Farmers Home Administration. economy of the world. There are sev- However, as no improvement was The SPEAKER pro tempore. Under eral factors that have caused small forthcoming, indeed my friend the gen- the Speaker’s announced policy of Jan- farmers to decline or to accelerate the tleman from Michigan (Mr. CONYERS) uary 3, 2001, the gentleman from Mas- decline of these small producers. They had a report. I want to tell my col- sachusetts (Mr. MARKEY) is recognized include globalization of commerce, leagues that this saga has been going for 30 minutes as the designee of the economies of scale, limited access to on. In fact, the gentleman from Michi- minority leader. capital and technological advances. gan (Mr. CONYERS) in his operational Mr. MARKEY. Mr. Speaker, I appre- The existence of worldwide markets for committee, as he chaired it, had a re- ciate having this time in order to all commodities, not just agriculture, port and he called it The Minority speak about our great beloved, de- but all commodities, are feeling this, Farmer: A Disappearing Resource. parted colleague from the State of have created unique market forces and Well, we have an obligation then. We Massachusetts, Edward Patrick Bo- pressures that producers of the past did should do better. land. He served in this institution for not have to compete against. Mr. Speaker, I will be coming to this 36 years. He was elected in 1952; he American’s producers have to cope floor more than once again to raise a served until 1988. with the substantially larger and less consciousness that we cannot have this He loved this institution, and this in- accommodating world market in which benign neglect, this mistreatment and stitution loved him. He arrived in 1952, to sell their merchandise and their this discrimination. with his best pal, Tip O’Neill, another commodities, with competitors who freshman Congressman coming from play by sometime significantly dif- f the eastern part of the State. They ferent rules. b 1800 were roommates for 24 years here in In 1992, when we first started looking Washington, really only staying here at farmers and the demise of farmers, TRIBUTE TO VICTIMS OF on Tuesday, Wednesday, and Thursday, we saw the landscape was very dif- SEPTEMBER 11 TRAGEDY and immediately returning to their ferent, and we compared the landscape The SPEAKER pro tempore (Mr. home districts after the close of busi- as it was in 1920, when we had over 6 GRUCCI). Under a previous order of the ness on Thursdays. million farms in the United States. House, the gentleman from Illinois And that is how it went in their little Things have changed obviously. Close (Mr. SHIMKUS) is recognized for 5 min- apartment over all those years until to one-sixth of those farmers were real- utes. Tip was elected Speaker and brought ly in North Carolina; 926,000 small Mr. SHIMKUS. Mr. Speaker, I want Millie down. However, it had been pre- farmers were in North Carolina. to join my colleague, the gentlewoman ceded just a couple of years before that When we looked at it again in 1992, from Virginia (Mrs. JO ANN DAVIS), in by Eddie breaking his long years of the landscape was very different. For continuing to read the names of those bachelorhood and marrying Mary only 1 percent of 1.9 million farmers in who fell in the tragedy on September Egan, a marriage that produced four the United States were then operated 11, and I would do so now. beautiful children that were, without by African Americans. Since the 2000 Kevin Marlo; Jose J. Marrero; Fred question, the pride and joy of his life. census, that decline has even gone fur- Marrone; Constance Marshal; Shelley Now, for those that knew Eddie, he ther. At that time, it was only 18,816 A. Marshall; John Marshall; Daniel still and for always will be thought of farmers. That is a paltry number of Af- Marshall; James Martello; Michael A. as a legislative giant, as someone who rican Americans when we consider that Marti; Teresa M. Martin; Peter C. Mar- motored around on the floor of the we represent more than 13 percent of tin; Karen Martin; William J. Martin; House like the Energizer Bunny, mov- the total population. Brian E. Martineau; Waleska Martinez; ing at the speed of sound from deal to

VerDate 06-NOV-2001 01:09 Nov 16, 2001 Jkt 099060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\CR\FM\K15NO7.119 pfrm13 PsN: H15PT1 H8234 CONGRESSIONAL RECORD — HOUSE November 15, 2001 deal to deal to deal as he worked his he was undefeated and untied. What a have come to this Congress during the legislative magic. And whether the remarkable legacy indeed that was. last 2 years and say to them: you Member was Democrat or Republican, But there are projects across this should understand the reverence that Eddie Boland was universally re- country that bear his imprint. Because Eddie Boland held for service in this in- spected. of his relationship with John Kennedy stitution. He really believed that this When, in 1977, Tip O’Neill decided and the fact that he was on the plane was one of the great arbiters of fairness that it was necessary to create a Per- with President Kennedy, or at that in American life. He really believed manent Select Committee on Intel- time Senator Kennedy, as they re- that this institution was courageous ligence, by definition that job required turned from Los Angeles after having and visionary in the manner in which someone who could keep secrets, some- secured the Democratic nomination in it proceeded. But not only did he feel one who could be trusted with the 1960, he was devoted to the Apollo pro- strongly about this institution, he was greatest intelligence which our coun- gram and, indeed, remained, until his a believer in the Federal Government try has, that which protects the na- last days, one of its great champions. of the United States. tional security, the health and well- We recall in this institution his wis- I am going to close on this note, be- being of every American, out of the en- dom as it related to the Boland amend- cause while people understood him and tire institution, Tip selected Eddie Bo- ment and Nicaragua. He saved this his legacy and the programs he cham- land to be the first chairman of the country from a disastrous journey had pioned, one of the footnotes that oc- Permanent Select Committee on Intel- we proceeded with military support for curred in his obituary that few people ligence. Because he was someone that Nicaragua. Today, Mr. Speaker, with ever knew, because he never called at- every Member, Democrat and Repub- the exception of Cuba, every govern- tention to it, Eddie Boland marched in lican, would trust. ment in Central and South America is Selma, Alabama, to bring about an end And so, without question, as the 20th freely elected. His impact on housing to much of the unfairness that had century’s legislative history is written, programs because of his subcommittee been institutionalized in American life. he will be looked back upon as someone chairmanship at VA–HUD happens to He was patriotic, he was kind, he was who was the quintessential public serv- be profound. impeccably decent. ant, elected as a State representative But there was another side of Con- He has a wonderful wife in Mary when Roosevelt was President. He gressman Boland, and I think my col- Egan, and to hear his son’s remarkable served in World War II, was elected and league, the gentleman from Massachu- testimony to his father at the funeral, served in Congress in the Korean War, setts (Mr. MARKEY), and others in the his son Edward, his daughter Martha, in the Vietnam War, and all the way delegation again hold it in highest re- daughter Kathleen, and son Michael. through to the point where not only gard. Congressman Boland only talked What a great family. And I would be re- was the Reagan era ending but the to reporters from the hometown news- miss as I close if I did not mention one George Bush, Sr., administration was paper. In 36 years in this institution, of the great eulogies that I have ever about to begin. What a legacy that he Congressman Boland had one fund-rais- heard that came from former judge and leaves to this country, to his family. er, and really was upset that he had to my friend, Daniel M. Keyes, who was So we in the Massachusetts delega- go to it. He thought that the only alle- Eddie Boland’s friend for 70 years. tion, without question, will miss him; giance he owed to anyone was to those We will miss him in this institution; but we know so too will all of his col- people back in the Second District of we miss him in Massachusetts. A great leagues, all of his constituents, and all Massachusetts. friend was Congressman Eddie Boland. who came to know him in this great And here is an even more compelling Mr. MARKEY. Let me now yield to country. statistic, given the modern nature of the gentleman from Massachusetts I would like to turn now to the gen- Congress. Congressman Boland held (Mr. OLVER), whose congressional dis- tleman who succeeded Eddie in the one press conference in 36 years to an- trict abuts the district of the gen- United States Congress in his seat in nounce he was retiring; and he did it on tleman from Massachusetts (Mr. NEAL) Springfield, and, in fact, was Eddie’s Hungry Hill, where 36 years before he and then Congressman Boland, so he choice to carry on the political and had announced he was running, with- knew him very well. spiritual legacy that he brought to the out a press conference at that time. Mr. OLVER. I thank the gentleman Congress from the City of Springfield, It is remarkable that his legacy for yielding to me, and I am very the gentleman from Massachusetts could have been as pervasive as it was, pleased to be able to join my col- (Mr. NEAL). given the fact that by nature he was leagues, the gentleman from Massachu- Mr. NEAL of Massachusetts. Mr. fairly shy and really did not care for setts (Mr. NEAL), from the second dis- Speaker, I want to thank my colleague, the limelight and did not care for the trict, and the successor to Edward P. the gentleman from Massachusetts national attention that his years in Boland, and the dean of our delegation, (Mr. MARKEY), who is the dean of the Congress and the Boland amendment the gentleman from Massachusetts Massachusetts delegation, for orga- and the housing programs that he (Mr. MARKEY), from the eastern part of nizing this Special Order as we pause in championed brought him as they were the State. remembrance of my friend and former put in front of the American people. Mr. Speaker, I rise to pay tribute to Congressman, Edward P. Boland. It is the honor of a lifetime to have the life and work of Congressman Ed- Congressman Boland came here in known him. I attended one day this re- ward Boland, who represented the Sec- the midst of the Eisenhower landslide; markable Christmas luncheon that he ond Congressional District of Massa- and he won that first race, I believe, by had every year after he retired, which chusetts for nearly 4 decades. Let me 5,000 votes. And for 36 years he served many of the people that had elected start by giving my deepest sympathy here virtually, but with a couple of ex- him State representative 50 years be- to Mary Boland and the Boland chil- ceptions, without challenge. What I fore all attended faithfully. At one of dren for their loss of a husband and a think is ironic about the Boland leg- those luncheons, the fellow he de- father. acy, beyond the kindness that he ex- feated, I believe in 1934, for State rep- I first met Congressman Eddie Bo- hibited time and again, was the affec- resentative from Hungry Hill, was land in 1968. He had already served tion that he held for this old House. He there. And when asked why he was more than 15 years and was a force in revered his service in this institution, there, he simply pointed out that a half the Congress. I, by contrast, was mak- respected it, and believed time and century before Eddie Boland had re- ing my first run for political office as a again that this was one of the best jobs tired him from public life. And with Massachusetts State representative in that anybody could ever hope to hold. that graciousness Boland simply a district that partly overlapped Eddie Eddie Boland came from Springfield’s smiled and laughed, and they had a Boland’s Second Congressional Dis- Hungry Hill. He was the child of Irish wonderful moment of friendship and trict. immigrants. For 50 years, 50 years, he harmony again. was elected. Think of it, at least 25 I am struck by that service, I am b 1815 elections, and at the end of those 25 struck by the legacy, but I would like My first and most lasting impression elections he could say, at retirement, to take all of the young Members that of Ed Boland was his booming voice. He

VerDate 06-NOV-2001 03:04 Nov 16, 2001 Jkt 099060 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 E:\CR\FM\K15NO7.121 pfrm13 PsN: H15PT1 November 15, 2001 CONGRESSIONAL RECORD — HOUSE H8235 was speaking at an event in Granby, It has been said that he treated his Mary, and their children, Martha, Ed- and I was certain that he could be constituents the same way as he treat- ward, Jr., Kathleen, and Michael were heard all of the way to South Hadley. ed his friends. That explains not only the focus of his life, each though he Over time I learned that Congressman his success at the polls, but the high started late in life to acquire that mag- Ed Boland was not just heard, but at- regard with which he was held. His ca- nificent and beautiful family. Many of tention was paid when he spoke. He reer was a testament to the fact that us saw him with his family at the fu- was heard all the way down the hall to politics, when practiced by people of neral of Congressman Joe Moakley, an- the Senate. He was heard by Presidents great skill and commitment, is both an other esteemed Member of this Con- at the White House. He was even heard art and a high calling. gress, and it gave us a chance to say at the Pentagon. Eddie served with distinction on the hello to Eddie, and little did we know This modest man with a towering Committee on Appropriations, and was that it would be good-bye. But we re- voice commanded towering respect the committee’s second most senior ported to our colleagues in the House here in Washington, and he was a tow- Democrat for many years. He was a that Eddie was still as sharp as a tack ering presence in the political life of long-time chairman of what was then and enjoying his beautiful family. Our western Massachusetts. Eddie Boland the Department of Housing and Urban condolences go out to Mary and the provides even now a model for Mem- Affairs and Independent Agencies, now children. bers of this House of Representatives known as VA–HUD. I doubt that there That is why he left here, to spend to follow. are many communities in the United more time with his family at a very Eddie Boland was known equally for States who have not benefited from his important time in their lives. His devo- his ability to tackle the most complex programs that he promoted on the sub- tion to them says as much about the issues of the day, and his willingness to committee. Veterans hospitals and man he was as does his distinguished show simple kindness to anyone around clinics, projects to improve the quality service in the Congress. him who needed his help. He rose to na- of air and water, affordable housing for Mr. Speaker, although I only served tional prominence on a number of the poor, the elderly and disabled, ef- for a short time with Eddie Boland, I issues, particularly his authorship of forts to reinvigorate the Nation’s cities directly followed him onto the Com- the Boland amendments restricting and to explore the universe of which we mittee on Appropriations and the Per- U.S. involvement in the conflict in are a part, were among the activities manent Select Committee on Intel- Nicaragua. Yet the people of the Sec- made national priorities by the appro- ligence, so I know well how well-re- ond Congressional District remained priations measures he crafted. It is im- spected he was by his colleagues and by his foremost concern throughout his possible to calculate all of the ways in the people in the executive branch. He long and distinguished career. which those programs made fuller and was one of the quiet, hard-working When Eddie Boland passed away last more secure the lives of the people of Members so essential to the conduct of week, everyone in the Pioneer Valley our country. the business of the House. His service lost a friend. On behalf of the people of Had Eddie Boland’s service been enriched the Nation, and will always be the First Congressional District, I rise measured only by his work on the Com- a source of great pride for his family. to say ‘‘thank you’’ one last time to mittee on Appropriations, it would Anyone who served with him will al- Congressman Edward Boland for his have been deemed highly successful. As ways treasure the privilege of calling work and his service. Mr. MARKEY. Mr. Speaker, I thank has been mentioned by the distin- him ‘‘colleague.’’ the gentleman for participating in this guished dean of the Massachusetts del- Mr. Speaker, I thank the gentleman special order, and now I yield to the egation earlier, in 1977 Speaker Tip for allowing me to participate in this minority whip designee, the gentle- O’Neill asked Eddie to be the first special order. chairman of the Permanent Select Mr. MARKEY. Mr. Speaker, I thank woman from California (Ms. PELOSI), who knew Ed Boland well. Committee on Intelligence. Tip’s rea- the gentlewoman for participating. Ms. PELOSI. Mr. Speaker, I com- soning was simple. The leader of that One of the great things about Eddie mend the gentleman for calling this committee would have to be someone Boland was that he lived such a long special order and congratulate him. I people could trust, as the gentleman life. He passed away at 90. The gen- congratulate because this is a wonder- from Massachusetts (Mr. MARKEY) said, tleman from California (Mr. GEORGE ful occasion when we in the House who someone who could keep a secret. MILLER) is now one of the few Members served with Ed Boland can come to- Eddie Boland’s integrity was unas- who served with him because he left 13 gether and talk about him and the sailable. The committee’s reputation years ago. I yield to the gentleman wonderful contribution he made to our for keeping secret matters secret is due from California. country. in large part to the standard estab- Mr. GEORGE MILLER of California. I felt a special responsibility to come lished during the 8 years he served as Mr. Chairman, I thank the gentleman to the floor, not only because it was a chairman. That is an incredibly long for holding this special order so we can privilege to serve with Eddie, but also time to be chairman of the Committee pay tribute to Eddie Boland. I want to as the senior Democrat on the Perma- on Intelligence. mention a small episode. nent Select Committee on Intelligence, Although not one to seek fame, he There was a time when many of us I know full well what his great con- did not shrink from taking on a pop- were involved in trying to end the vio- tribution was to our country. The gen- ular President in a most public way lence in Latin America, in Guatemala, tleman referenced that in his remarks when the U.S. intelligence agencies un- El Salvador, Nicaragua and elsewhere. very beautifully, and I want to speak wisely, in his judgment, became in- It was a struggle that was consuming to that for a bit. volved in a civil war in Nicaragua. those individuals and those countries. I do so bringing some of the apprecia- Later when questions arose as to It was an uphill struggle. tion from the staff of the Intelligence whether laws restricting the activities Finally, justice came, and in the case Committee, as well as many Members of those agencies had been violated, he of El Salvador, a democratic govern- who have served on that committee was among the small number of Mem- ment has been established and a series over time. We serve in the Edward P. bers of the House selected to determine of elections have been held; but that Boland Room in the Permanent Select the truth. Even in the highly charged was not the history of the region and Committee on Intelligence. atmosphere that surrounded that in- that country at the time when I served For over 50 years, 36 in this House, vestigation, when legislation bearing in this Congress with Mr. Boland. Eddie Boland represented the people of his name was central to the inquiry, he I always thought that the reason western Massachusetts with uncom- was not interested in publicity, but that justice came to Central America mon dedication and effectiveness. He sought only to do the job entrusted to in large part was because the generals believed deeply in the capacity of gov- him by the House. in El Salvador made a huge mistake ernment to be a positive force in peo- Despite his many accomplishments and the intelligence community in this ple’s lives and in the duty of those in in Washington, Eddie took his greatest country made a huge mistake. government to do everything within joy and was most proud of his family The generals in El Salvador made a their power to ensure that result. back home in Springfield. His wife, huge mistake in lying to Joe Moakley

VerDate 06-NOV-2001 01:18 Nov 16, 2001 Jkt 099060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\CR\FM\K15NO7.123 pfrm13 PsN: H15PT1 H8236 CONGRESSIONAL RECORD — HOUSE November 15, 2001 about their involvement in the killing idea, you look around the institution that and did that with his dignity and of the Jesuits at the university. From to find somebody who everybody re- with his respect for this institution that day forward, because he recog- spects who as we say in the Catholic and with all of the cultural attributes nized the lie when it was uttered, and I Church, would place their imprimatur, that he brought to the job really did, was with him on the trip to Latin their blessing, on the idea. as the gentleman said, give it the im- America to investigate that, Mr. Moak- As the gentleman from California primatur, or did give it a legitimacy. ley recognized that lie the minute it (Mr. GEORGE MILLER) knows, when Mr. What that meant was this. It meant was presented on that military base by Boland put his blessing in terms of we could argue it on the merits. Too those generals. He pursued it along what our relationship should be with often when we are dealing with an with our now-colleague, the gentleman the Government of Nicaragua, at that issue like this, there is a whole set of from Massachusetts (Mr. MCGOVERN) point people could disagree with Eddie deferences, a whole set of attitudes for many, many months until that lie Boland, but they knew they would be that interfere. Ed Boland’s stature in unraveled and we realized the incred- wrong because he would never take this institution was justifiably of suffi- ible role that the Government of El anything other than the most honest cient weight so that when he spoke on Salvador played in the murder of those position. that issue, he overcame those Jesuits and its military. Let me conclude the special order by deferences and we got to the merits, Eddie Boland, while he did not agree recognizing the only other member and he did a great service. He was also, with us necessarily on the policy in with the exception of myself who of course, defending the prerogatives of Latin America or what some of us were served in the Massachusetts congres- the elected legislature against the ex- trying to achieve, believed that the sional delegation with Eddie Boland, ecutive, and in that also he was car- laws of the land were the laws of the the Congressman from the city of New- rying on in the tradition of great par- land. When he later found out the in- ton, the gentleman from Massachusetts liamentarians. volvement of the intelligence agency in (Mr. FRANK). Finally, as someone who has been Latin America and when it became Mr. FRANK. Mr. Speaker, I thank concerned with housing policy since I clear that they were fudging the laws, the gentleman from Massachusetts got here, I want to acknowledge his we passed the Boland amendment that (Mr. MARKEY) for taking this special great leadership as subcommittee made it very clear that having Eddie order to give us a chance to express our Chair in terms of recognizing the obli- Boland stand before this Congress and sympathy to Mary Boland and their gation of this very wealthy country to support the Boland amendment and children, and express our admiration do something about the housing needs having this Congress pass the Boland for a man who really had an extraor- of the people. We look back now to the amendment as he did in his role as the dinary, distinguished legislative ca- days of Ed Boland’s chairmanship of chairman of the Intelligence Com- reer. the appropriations subcommittee deal- mittee changed the dynamics and I am a great follower of parliamen- ing with HUD as golden days when we changed people’s attitude to what was tary and legislative history. It is some- in fact did far more to meet vital social taking place in Central America and thing that I read to relax, reading needs than we are doing today, unfor- the deep involvement of this country in about the British parliament and other tunately. And there are a lot of reasons really horrific events and abuses of parliamentary bodies. I do not think it for that. But Ed Boland’s committed human rights in those countries. is sufficiently appreciated what an im- and passionate advocacy, and you can Mr. Speaker, I think we owe him a portant role a leading institutionalist be passionate without making a lot of great debt of gratitude because he in- plays in making democracy function. noise, you can be passionate by having sisted that people not play fast and Among other things, that is what an unstinting, unyielding determina- loose with the laws of this country, Eddie Boland exemplified. tion to do the right thing; and that is that this country not be involved in b 1830 what he had. the abuse of human rights of the people As my friend from Massachusetts has in El Salvador; and we all should thank He was an elected official, a man who said, he and I are the last two Members him very much and remember him for came up through the political ranks, who served with Ed Boland and know that important role that he played on was always deeply rooted in the com- just what integrity he brought to this behalf of humanity who, without Eddie munity from which he came, who was job and just to what extent he exempli- Boland, would not have had a cham- always in constant touch at all levels fied what an elected representative of pion of that stature to bring about that with the people he represented, and the people ought to be in a functioning kind of change. who took to Washington their mandate democracy. I thank the gentleman for I thank Eddie Boland for his service and built on it. He was at the same giving me the opportunity to say this. to this country. time their Representative and someone Mr. MARKEY. I thank the gentleman Mr. MARKEY. Mr. Speaker, I yield to who transcended what might be the from Massachusetts, and I thank all of the gentlewoman from California (Ms. narrowing aspects of being a Rep- the Members who have participated in PELOSI.) resentative. this Special Order. Ms. PELOSI. Mr. Speaker, I just As previous speakers have said, he We will keep this part of the RECORD want to mention that we serve, those confounded some stereotypes. He was open so that any other Members who of us on the Intelligence Committee, not by his manner, by his political wish to do so may enter their own serve in the Edward P. Boland Room background, by his general place in the statement. upstairs, and while Members have the world of the political culture the kind Eddie Boland’s career ended the way opportunity to come to the floor to ex- of man who people would have expected it began. He worked tirelessly in order press their condolences as well as their to have been leading an assault on a to make the world a better place. I am commendations of Mr. Boland, I want Presidential foreign policy. We have a proud to have known him. I am proud to extend the condolences also of the tradition of deferring to Presidents in to have worked with him. I am proud staff of the Permanent Select Com- foreign policy, indeed excessively, it to have served with him in this institu- mittee on Intelligence, especially Mike seems to me, in many cases because le- tion that he loved so much. I am proud Sheehy, the Democratic counsel to the gitimate differences ought to be articu- to have called him my friend. His serv- staff, who served Mr. Boland so very lated. ice to this country will never be forgot- well for so many years, and mourns his Eddie Boland, as the gentleman from ten. Our condolences to his wife, Mary, death, and knows more about his con- Massachusetts and the gentleman from and his children. tributions than many. California just said, did a great deal to May Eddie Boland rest in peace. I thank the gentleman for allowing legitimize the notion that in a demo- Mr. MEEHAN. Mr. Speaker, I rise today to me that further remark. cratic society, elected officials had not commemorate the life of public service and Mr. MARKEY. Mr. Speaker, I thank only the right but the duty to speak passing of Congressman Edward ‘‘Eddie’’ P. the gentleman from California (Mr. out if they thought the President was Boland. Congressman Boland was a humble GEORGE MILLER) very much. When a pursuing gravely mistaken foreign statesman who moved legislative mountains younger Member is advocating for an policies. The fact that Ed Boland did and earned the respect of his colleagues with

VerDate 06-NOV-2001 03:12 Nov 16, 2001 Jkt 099060 PO 00000 Frm 00054 Fmt 7634 Sfmt 9920 E:\CR\FM\K15NO7.124 pfrm13 PsN: H15PT1 November 15, 2001 CONGRESSIONAL RECORD — HOUSE H8237 a polite manner and solemn regard for this of the threat, it is high time that the who have gotten this in. We are happy body. U.S. Congress has passed such a meas- that we have finally achieved this end, He received his education from Springfield’s ure. We are told now that our conferees that we can now tell Americans that Bay Path Institute and Boston College Law in both parties, in the House and Sen- they will be able to have the peace of School. The son of an Irish immigrant railroad ate, have agreed on a measure that will mind when they get on an airplane worker, he would later establish himself as a set a deadline for the actual implemen- that we are not going to have explo- community leader. Boland began his life of tation of 100 percent screening for sives in the belly of the airplane. public service at the age of twenty-three when checked baggage. We also are told that There are a couple of things we hope elected to the Massachusetts House of Rep- we are going to have interim measures that both our conferees, if this has not resentatives. Later, he was elected as the while we get to that 100 percent use by been totally finalized, and our friends Hampden County register of deeds. In 1942, mechanical devices, by some of the so- at the FAA and the Department of he enlisted in the Army to fight tyranny in the phisticated machinery, to be assured Transportation need to be attentive to, Pacific theater of World War II and was pro- that we cannot see a plane taken down and, that is, that we need to very moted to captain. out of the sky. quickly evaluate the screening devices In 1952, Eddie Boland won election to Mas- This has been the result of a lot of ef- for various types of technology to sachusetts’ second congressional district seat fort here in Congress, but I want to pay make sure that we use the most effec- in the U.S. House of Representatives. During a real congratulatory note to two gen- tive, the fastest, the most efficient, the his 36 years in the House, Congressman Bo- tlemen who have been working for over most cost-effective means of screening land became the Chairman of the Permanent a decade now to achieve that end, and this baggage. We brought to the Can- Select Committee on Intelligence and of the those gentlemen are Bob Monetti and non House Office Building last week VA, HUD and Independent Agencies Appro- George Williams, two gentlemen each some new technology that we hope priations Subcommittee. Developing the nec- of whom lost a son in the Lockerbie that the FAA will look at very closely essary trust between his committee and the bombing in Scotland in 1988. Bob when we choose which types of screen- intelligence community and an acceptance of Monetti, who lost his son Rick, a Syra- ing machines to use. We want the FAA the need for Congressional oversight were cuse student, in that bombing and Mr. to be very open in its assessment so we hallmarks of his Chairmanship. Furthermore Monetti since then has been working have the fair opportunity to assess all he was a steadfast advocate for individual’s with the community of families that of the technologies, and there are sev- privacy rights and providing informative but lost members in the Lockerbie bomb- eral types of machines that use several discreet intelligence information to the public. ing to try to get this Chamber, the U.S. types of technology to determine Among this most notable legislative achieve- House, and the Senate, to pass a provi- whether there is an explosive device in ments was passage of the Boland amend- sion to assure that that type of tragedy a bag. We are going to be working dili- ments which restricted the use of U.S. funds cannot happen again. gently with the FAA to make sure that by Nicaragua’s Contra rebels and lay at the I have met Mr. Monetti; he is a great they have a fair evaluation process to heart of the ‘‘Iran-Contra’’ scandal. leader in this regard and has been a decide which type of technology to im- Although Congressman Boland rose to be- conscience of his community to see to plement throughout our Nation’s air- come a figure of national prominence, he it that the House of Representatives ports. In doing that, we are going to be never lost sight of his modest beginnings in would act. I have also met Mr. George very insistent that we fully mobilize the Hungry Hill district of Springfield, Massa- Williams, who lost his son Geordie, an the industrialized base of the United chusetts. Congressman Edward P. Boland is American soldier, Mr. Williams, a States. survived by his wife Mary Egan, and four chil- proud Marine. I really want to thank Some time ago, the FAA talked dren. His legacy to our nation is a model of Mr. Williams for his efforts to make about getting this done in 10 years or leadership born from quiet dignity and integ- sure that the U.S. Congress would fi- more, to get enough machines in our rity. nally act to see to it that other family airports to get this done. We are not f members do not have to suffer a loss going to wait that long. We need to do that they have done. I think it is a real the same kind of industrialization and AIRLINE SECURITY mark of tribute to these families that mobilization that happened in World The SPEAKER pro tempore (Mr. they have hung in this effort for over War II. We built about 10 or 12,000 B–24s TIBERI). Under the Speaker’s an- 10 years to see to it that the Congress in World War II when we fully mobi- nounced policy of January 3, 2001, the would finally act. lized our industrial base. We have got gentleman from Washington (Mr. INS- Now in the next day or two, we will to do the same thing with these ma- LEE) is recognized for the balance of be voting on a provision that will fi- chines. We need a couple of thousand of the hour, approximately 28 minutes. nally achieve their goal of having 100 them, and we need to find the licensing Mr. INSLEE. Mr. Speaker, I have percent screening. I want to thank Mr. and a contractual way to fully engage come to the floor this evening to com- Monetti and Mr. Williams and all of the manufacturers of this country to ment on what I believe is a major, the Lockerbie families for their efforts get this done right away. We are going major step forward in our national se- to educate us in Congress about the to be very insistent on that. We look curity and, that is, the imminent pas- need for this. I hope they take some forward to working with our agencies sage of our airline security bill. Our measure of satisfaction. I know Rick to make sure we make this decision conferees, we have been told, have been and Geordie would be real proud of promptly and in a way that gets the successful in ironing out a bill that I their fathers when this bill passes, as best technology into our airports. think is a real major step forward in we were of them. The other aspect of this bill that we several respects. I would like to talk I also want to thank some of our co- are very, very pleased about is that it about two of those ways that this bill sponsors, the gentleman from Ohio will have a quantum leap forward in is really going to advance Americans’ (Mr. STRICKLAND), a Democrat, who has the quality of screening of the individ- sense of security and hopefully instill a insisted on this; the gentleman from uals who screen passengers when they fair measure of confidence in airline Connecticut (Mr. SHAYS), a Republican. go through these screening gates head- travel. The gentleman from Connecticut has ing for their airplanes. We have had The first is that our efforts have been been a great, great leader on many re- such a litany of failure. We have had successful to make sure that 100 per- form efforts. He has been instrumental such a disastrous experience with pri- cent of the checked baggage that goes in convincing some of the leadership on vate companies, low-bid contractors, into the belly of our airplanes in fact the Republican side of the aisle in in- who have allowed these types of fail- will be screened for explosive devices. cluding this measure in the eventual ures to occur. Now we have finally This is a major step forward to give the airline security bill. I consider this a agreed and our conferees have agreed traveling public the assurance that any bipartisan success through the efforts to essentially ensure that we will have bag that is going to go into the luggage of the gentleman from Connecticut and Federal employees who, in fact, will compartment of an airplane, we are several other Republicans, the gen- man these stations in the next 2 years. going to be assured, does not have an tleman from Massachusetts (Mr. MAR- We are very happy that that assurance explosive device in it. Given the nature KEY) and others on our side of the aisle will be given to the traveling public. It

VerDate 06-NOV-2001 01:18 Nov 16, 2001 Jkt 099060 PO 00000 Frm 00055 Fmt 7634 Sfmt 0634 E:\CR\FM\A15NO7.028 pfrm13 PsN: H15PT1 H8238 CONGRESSIONAL RECORD — HOUSE November 15, 2001 is time that we have the same level of fortunately, we have had a situation in is very, very important. Yet, at the protection of folks when they get on this country where, largely, the screen- same time this conference report, this airplanes as we do when we have folks ing has been done by three foreign cor- compromise, addresses concerns that coming across our borders, namely, we porations, hiring people at the min- people had with regular civil service, in have Federal employees who have been imum wage, not doing security back- that they were worried that if a person certified and trained, that work for ground checks, being fined millions was not doing their job, that you could Uncle Sam; the same type of assurance and millions of dollars and still not not get them off the job or replaced in we have with FBI agents; the same correcting their operations, being fined a reasonable period of time. Because type of assurance we have for fire and by the FAA. this is a job, these screener jobs are, in police personnel who work for the pub- This is not just a problem in the my opinion, professional law enforce- lic and are certified and trained appro- United States. Securicorp, the parent ment-type jobs, and I think we learned priately. We are going to require that company of Argenbright, has had the on September 11 that, you know, avia- and that that will happen. same types of problems at Heathrow in tion security is a matter of national se- As you know, as with any legislative England. So, since September 11 we curity, and national security is some- process, there has been some give and have seen more than 70 violations thing that we all take an oath to up- take in fashioning that, the give and where people have gotten on to air- hold when we say that we will defend take as some of the Republican leader- planes or gotten through the screeners the Constitution, because the Constitu- ship has resisted this idea, and we have carrying such things as seven knives, a tion says that we will do our best job been told that in this provision, there can of mace and a stun gun, as an ex- to secure the protection and the na- will be a provision that 2 years from ample. tional defense. now, airports that wanted to petition It is clear that we need to improve So, I, too, am pleased with the con- the agency to have a private con- the performance, professionalize those ference report that we are going to tractor do this work, if they can con- screeners. We made strong arguments vote on tomorrow. I expect we will vince the agency that that was a good here on the floor of the House a week have an overwhelming vote for this idea, they would at least allow that ar- or so ago that the proper way to do conference report, President Bush will gument to be made. But with all due that is to transfer that responsibility sign it, and we will start to get on our respect, we do not think there is going from the airports and the airlines to way to having better security. to be any such petitions because the the Federal Government. I think the gentleman was absolutely The bill that we voted on, some of us traveling public is going to learn that correct, it will take a little while to voted for on the House floor, would transition. You know, there will be the best way to get this done is to have have moved that to the Department of some mistakes made. Nobody and no Federal employees to do it, and we are Justice, as the bill which passed origi- system is perfect. But the question is, confident that that is going to be the nally in the Senate. In this com- will we have a better system? And I case; and we feel good about the strides promise, that will still be handled think this conference report will do that have been made. under the Department of Transpor- that. We want to compliment our friends tation. However, all of these screeners Mr. INSLEE. I thank the gentleman across the aisle who showed some bold will now be Federal employees. for his leadership on this issue. It is a leadership to move this effort forward. But there are important provisions in very difficult position, and the gen- I see the gentleman from Iowa (Mr. this conference bill that duplicate tleman did an admirable job getting GANSKE) here. I do not know if he some of the provisions we had in the this issue before on your side of the wants to join in this colloquy or not, Senate bill. aisle. We appreciate that very much. but I would be happy to yield to him if Number one, those screeners cannot I would now like to yield to the gen- he would like to join me in this regard. go on strike. They just cannot walk off tleman from Ohio (Mr. STRICKLAND), Mr. GANSKE. I appreciate the rec- the job. who has been a cosponsor of the bill ognition. Number two, if they are not per- that started the 100 percent checked On September 11 when we saw the forming the job, then they get fired. baggage requirement going and the airplane fly into the World Trade Cen- They get laid off immediately and can amendment. ter after the first one had already be fired, because under the terms and Mr. STRICKLAND. I want to thank struck the first building and we kept conditions of this conference report, my friend from Washington State. You seeing it and seeing it again and again they will not be under regular civil know, oftentimes when we stand in on TV, it really brought home the fact service rules. So they will be the what this chamber, we find that we are being that an airplane full of jet fuel is a fly- are excepted government employees, E- critical of each other. But I would like ing bomb and we lost 5,000 plus Amer- X-C-E-P-T-E-D, government employ- to begin my statement by just pointing ican lives in that attack on our coun- ees. This will be the same whether you out that the gentleman from Iowa (Mr. try, really more than twice as many are talking about a big airport, one of GANSKE) has been really wonderful on American citizens as we lost in the at- our hubs or our smaller airports. this issue. tack on Pearl Harbor. I think this is a good thing coming I am a Democrat, you are a Repub- out of the conference, because we b 1845 lican. But I have observed you during learned from September 11 that we also the course of your tenure in this House, So, Congress has been struggling a need to have very good security at our and not only on this issue, but on the little bit to come to a resolution on smaller airports, because some of those Patients’ Bill of Rights and on many how to improve the security in our Na- terrorists enter the system through the other issues. The gentleman has been tion’s airports and on our airplanes, smaller airports, and, once they are such a worthy Member and has fought and I applaud the conference com- passed the screeners, then they do not for really good causes. I thank you for mittee for coming together on this get examined again. your great efforts on this legislation. issue. So what the thrust of this conference I also want to thank my friend from What we really need is, we need se- report will do is to make sure that Washington State (Mr. INSLEE). I really cure cockpits, we need more air mar- these screeners get professional train- believe that the emphasis on screening shals. Those things will be achieved in ing, that they meet professional stand- all of the baggage that goes into the this bill. We need to make sure that ards, that they will make a decent liv- belly of our airplanes, which has been people getting on to airplanes do not ing wage, so that they do not just run included in this compromise, I believe carry weapons. We need to make sure down the hallway and take the next job that provision perhaps would not have that the luggage that gets stored in the that is open at McDonald’s, that they been included had it not been for your belly of those airplanes does not have a will view themselves as a professional efforts. bomb. in terms of law enforcement, similar to So I suppose this is an evening when That means that the people who what we have with Customs inspectors we stand on this floor and, instead of screen the people walking on the and officials. being critical or talking about the planes and the people that screen the That changes the whole mind set of things that we wish would happen, we baggage need to be professionals. Un- the people who do those jobs. I think it in a sense celebrate the fact that, after

VerDate 06-NOV-2001 03:12 Nov 16, 2001 Jkt 099060 PO 00000 Frm 00056 Fmt 7634 Sfmt 0634 E:\CR\FM\K15NO7.128 pfrm13 PsN: H15PT1 November 15, 2001 CONGRESSIONAL RECORD — HOUSE H8239 weeks of work, that we have been able Mr. INSLEE. I thank the gentleman, need the protection that this House of to reach a compromise. But it is not a and I appreciate all your great work. Representatives can give them. compromise on safety, it is a com- When we started this dialogue several So I just hope that the people in this promise on strategy and process. weeks ago, it was a little bit lonely country, as they did with the airline I think what we have done is come up talking about that checked baggage. security bill, will contact Senators and with a bill that will make the Amer- But I agree with the gentleman: The Congress Members and say get this bill ican traveling public much safer. That American voice was heard. We shared passed so that we can know that we are is something that both sides of this some information with America, name- being protected in terms of our health chamber should feel good about. ly, that not enough of these bags were care. I do not think either side, Democrat being screened. Americans responded, Mr. GANSKE. If the gentleman would or Republican, can claim total victory they let their legislators know what yield further, I thank the gentleman in terms of getting their particular they thought, and we have this prod- from Ohio and the gentleman from point of view put forth in this com- uct. Washington for their kind words. promise, but I do think this is an ex- So we want to thank Americans for The economy is in a real slump right ample of how the process can work and their part in achieving this end, and we now, and insurance premiums have should work. It has worked with this will look forward now to passage of gone up a lot. People are being laid off issue, and it is my hope that in the re- this in the next day or two, and realize work. So there is a real problem with maining days of this session of our that we have a real step forward in air- access to health care. However, as Congress, that this kind of process line security. those HMOs start to squeeze down, I could work to get a Patients’ Bill of Mr. STRICKLAND. If I could just say predict that we are going to see more Rights brought before us, to get an another word, I mentioned earlier the and more examples again of people not education bill brought before us. We tenacious fight of the gentleman from getting the type of necessary medical still have some time remaining before Iowa (Mr. GANSKE) for a strong Pa- care that they deserve and that they we have to draw this session to a close, tients’ Bill of Rights. Perhaps the pay a lot of premiums for. and the fact is that we will get no- American people can do for a Patients’ I assure the gentleman that we will where as long as we are unbending and Bill of Rights what they have done for continue to push continue to push for a uncompromising. But if we work to- airline security legislation if they just strong Patients’ Bill of Rights. The gether for the good of the country, I simply let their Member of Congress or conference has not even yet been think we can accomplish a great deal they let their Senator know how im- named, partly, I think, because of Sep- of good. portant this is. tember 11 and because we have had to So I feel some relief tonight. I stood I stood on this floor a few weeks ago deal with a number of emergent issues, last week where the gentleman is and I talked about one of my constitu- such as aviation security, and also standing, and I said that if the Amer- ents, a young woman, 41 years of age, something I am going to speak about ican people will just simply allow their whose name was Patsy Haines. She had in the next half-hour or so, bioter- voices to be heard, if they will commu- leukemia, and she needed a transplant, rorism. But that does not mean that nicate their strong desire for an airline a bone marrow transplant. She had a when we come back after Christmas, security bill to the Members of the brother who was a perfect match. The House and the Senate, that we can get the beginning of next year, that we insurance company was saying to her this done before we leave here. should not refocus attention on some they were not going to pay for it. I believe over the last several days of these issues that we have debated in I went to the James Cancer Center in the American people have expressed the past. Columbus, Ohio, a wonderful institu- themselves very clearly and very I would encourage the gentlemen to tion where they do great research. I strongly. They want to feel that it is listen to part of my next half-hour or talked with cancer specialists. They safe to get on an American airliner and so, because I am going to be intro- talked with my constituent, these won- fly. They want to know if they put ducing tomorrow, along with the gen- derful well-trained doctors and re- their families on that airliner, that ev- tleman from Arkansas (Mr. BERRY), the erything that can be done has been searchers. They talked with my con- companion bill to the Kennedy-Frist done to see that their family members stituent, they talked with her personal bioterrorism bill, which does a number are going to be safe. They want this physician, and they concurred that she of good things to try to address the chamber to work together coopera- needed this transplant, and, if she re- issue of bioterrorism. ceived it, she quite possibly would be tively to do the people’s business. b 1900 So, as we found out throughout the cured of her condition and live a long We are looking for cosponsors, we are course of this day, we have been able to life, and the chances were if she did not going to drop that bill tomorrow some- accomplish that, and tomorrow I think receive this treatment, that she almost we are going to have a very strong vote certainly at some point in the future time, and I would encourage my col- on this bill, the President will sign it, would lose her life. leagues’ participation in this, because I and we can say to the American people I went to Secretary Thompson and know both of my colleagues have been and to our individual constituencies talked with him about it, and he was very interested in health issues. I that we have done our part to make wonderfully sympathetic. In fact, I think that this is a really good bill; it sure that they are safe when they fly. wrote the Secretary a letter today is a bipartisan bill. It is not a bill on Is it perfect? No, it is not. Will it thanking him for his concern for Patsy the cheap, but it is not a profligate bill solve all the problems? No, it will not. Haines. either. It will address many issues that There will be no perfect solution to the But the fact is that the only way she our constituents are asking us about in problem of airline security. got this surgery, and, by the way she terms of their threat from such things One of the things that I continue to got her surgery last week and we are as anthrax and smallpox and potential be concerned about, as I know my staying in touch on a daily basis to see epidemics. So once again, I thank both friend from Washington State is con- how she is doing, but the way she got the gentlemen for their kind remarks. cerned about, is whether or not we are her surgery was for Uncle Sam to come Mr. INSLEE. Mr. Speaker, I would moving as expeditiously, as rapidly as along and provide it. The Medicare sys- love to listen to the gentleman’s pres- we should, to make sure that all the tem provided this surgery. Her insur- entation, but I have a meeting with an luggage that is placed on our airlines, ance company never relented. So here incredible high school teacher named all of that luggage is screened for ex- Uncle Sam comes to the rescue. Mary Linquist of the famous Linquist plosive devices. But when I think of Patsy Haines and teaching family that I have to keep to But this is a major step forward, and her critical condition tonight, and our tackle educational matters, but I will I believe we eventually will get to the great hope that she is going to recover look at the gentleman’s bill and I point where people can say that my and continue to be a wife and a mother thank the gentleman for his work on government has done all that it can do to her child, I am reminded that there that. to make sure that I am safe when I get are many people in this country who Mr. Speaker, with that, I would like on an airliner. face similar circumstances and who to thank the gentleman from Ohio (Mr.

VerDate 06-NOV-2001 01:18 Nov 16, 2001 Jkt 099060 PO 00000 Frm 00057 Fmt 7634 Sfmt 0634 E:\CR\FM\K15NO7.130 pfrm13 PsN: H15PT1 H8240 CONGRESSIONAL RECORD — HOUSE November 15, 2001 STRICKLAND) and others who partici- both parties, was walking off the steps, This last weekend I was in Iowa, I pated in this. We are going to look for- somebody started singing God Bless had several meetings; and I will tell my ward to good success over the next 2 America. I felt a real sense of unity at colleagues that people are concerned days. This is good news for the Amer- that moment, because we were stand- about aviation security and they are ican people. ing there, not as Republicans or Demo- concerned about a bioterrorist attack. f crats, but as Americans. And the mes- I would recommend to my colleagues sage that day and today and tomorrow that they see or watch the program THE THREAT OF BIOTERRORISM to those terrorists is that we are one that was on WETA just a few nights IN AMERICA Nation, united we stand. You can chal- ago on bioterrorism, as well as con- The SPEAKER pro tempore (Mr. lenge our Nation’s spirit, but you can- stituents. We have even had a few FORBES). Under the Speaker’s an- not break it. And we will chase down to phone calls from constituents back nounced policy of January 3, 2001, the the ends of the Earth, if necessary, the home who have been unhappy that we gentleman from Iowa (Mr. GANSKE) is terrorists who caused this attack on have answered their letters and sent recognized for 60 minutes as the des- our country. Justice demands it for the them replies from Washington. One ignee of the majority leader. victims’ families, and our national se- lady phoned up rather irate saying she Mr. GANSKE. Mr. Speaker, Sep- curity demands it. did not want to get any letters from tember 11 did change this country. As I commend the brave men and women Washington that might be contami- we were just discussing here on the who, even at this moment, are fighting nated with anthrax. That may seem floor, all of us have very vivid memo- in Afghanistan, flying airplane raids funny to some, but it was not funny to ries of September 11. We see images against the Taliban, a thoroughly des- that lady. And so I believe that Con- seared into our minds of airplanes fly- picable lot, the Taliban and the terror- gress needs to, before we leave for the ing into buildings, those tall World ists they harbor. People who have end of the year, we need to deal with a Trade Center buildings collapsing, taken little girls who have dared to do bill to improve our national ability to clouds of evaporated concrete, steel, something like go to school, taken deal with a bioterrorist attack, cer- glass, and our fellow human beings them to a soccer field and killed them. tainly one that could cause an epi- rolling down the streets. I have a pic- The war is going well, but as Presi- demic. ture in my mind of the flaming crater dent Bush has rightly said, this is a It has been clear for many, many of the Pentagon and an American flag war that will probably go on for some years that the managed care revolution flying in front of it. period of time. It will not be easy to has trimmed all the fat out of our A few days after September 11, I vis- root out the nests of those vipers. They health system and I would argue has ited ground zero. At that time there are intertwined throughout Europe in trimmed bone and sinew as well. There were six or seven stories of smoking their nests and probably some yet in is no hospital in this country, in my rubble. I will never forget that visit. I the United States. So we are devoting opinion, that is capable of handling an kept seeing superimposed on that hor- a lot of resources to find them. This epidemic. I do not care whether we are rific sight, essentially the graveyard of Congress has acted on this. We have talking about Johns Hopkins up the 5,000 innocent Americans, words that I passed legislation to give assistance to road in Baltimore or we are talking had seen written on the wall of a fam- our security forces and to our military, about the University of Iowa hospital ily relief center just a short time be- to give them the tools they need to in Iowa City, or if we are talking about fore visiting ground zero. This was a find out these terrorists before they your local hospital. There is no excess family relief center where families of commit an act like an airplane hijack- capacity in our health system to han- victims could come in, get financial ing or lacing letters with anthrax and dle the massive type of casualties that help and get counseling as well. All sending them through our mail system. we could see from a bioterrorist at- along one wall for probably about 100 I think we have done a pretty good tack. Believe me, the threat is real. yards, families had brought in pictures job here of, in a bipartisan fashion, All we need to do is read a few books. of their mothers and fathers and sons crafting, drafting legislation, getting it So here are my suggestions to my col- and daughters, put them on the wall signed with overwhelmingly bipartisan leagues. The first book on the reading and then written personal notes to votes and to the President’s desk for list, I think this should be required them, and there were flowers and can- his signature that balances the rights reading for every Congressman and dles underneath these pictures. I kept of individuals to their privacy and every Congresswoman. That is a book seeing, as I was looking at that pile of their constitutional protections and out called ‘‘Biological Weapons and rubble, I kept seeing the handwriting yet, at the same time, recognizes that America’s Secret War—Germs,’’ by Ju- of a little girl. One could tell she was one of the most important constitu- dith Miller, Stephen Engelberg and just learning to write from her hand- tional protections is to our citizens’ William Broad. This should be required writing and it said, ‘‘Daddy, I miss you. health and safety. reading for every Congressman and I will love you always.’’ Now, prior to coming to Congress I every Congresswoman. It is readable; it I will tell my colleagues something. was a physician. I have taken care of is understandable. It does not deal just We still grieve for those victims. Every patients with some pretty serious in- with biology, but it deals with the bio- day in The New York Times there is fections. I have treated patients who terrorist threat. one full page of obituaries from the have had what is called necrotizing There is another book that people victims of that attack. A little picture fasciitis, or in the popular vernacular, should read, or at least parts of it. It is and a little story or vignette about it is called the flesh-eating disease. But by a fellow named Ken Alibek, and it is that particular victim. I do not know I will admit that when we found that called ‘‘Biohazard.’’ It is referenced in about my colleagues, but I can only there was anthrax that had gotten this book ‘‘Germs.’’ read about two or three of those, and through the mail, contaminated the Now, let me read a section. Ken that is all I can read for that day. They Hart Office Building, contaminated my Alibek was a Russian scientist who did are very human stories. Because they office building, the Longworth Build- germ warfare for the Soviet Union. He remind us that these were people just ing, I needed to go back and review a changed his name when he defected to like our neighbors, members of our little bit on the biology of anthrax and the United States. His real name is families, and we grieve for these vic- look up again some of my old medical Kanatjan Alibekov. He changed it to tims. We grieve for the victims of the textbooks on smallpox. sound more American. Here is what bioterrorist attacks, the anthrax at- Mr. Speaker, we had thought that we this, a short section of what this book tack that has killed people and made had eradicated that disease from the ‘‘Germs’’ says about the type of infor- many others sick. world, and yet we are finding out that mation Mr. Alibek brought to our in- I remember from September 11 about there very well may be supplies of an- telligence agencies. What Alibek had 170 Members of Congress gathering on thrax not just in secure labs in the to say was horrifying: ‘‘Moscow,’’ he the steps of the Capitol in the length- United States and Russia, but poten- reported in grim detail, ‘‘had secretly ening twilight shadows to say a prayer tially also in some terrorist states. produced hundreds of tons of anthrax.’’ for those victims. As our leadership, Something to worry about. Let me repeat that. ‘‘Hundreds of tons

VerDate 06-NOV-2001 01:18 Nov 16, 2001 Jkt 099060 PO 00000 Frm 00058 Fmt 7634 Sfmt 0634 E:\CR\FM\K15NO7.132 pfrm13 PsN: H15PT1 November 15, 2001 CONGRESSIONAL RECORD — HOUSE H8241 of anthrax, smallpox, plague germs election was coming up. They wanted the bill that Senator BILL FRIST and meant for use against the United to put up their own slate of candidates Senator KENNEDY introduced on the States and its allies.’’ and win that election. Senate side today. It is called the Bio- b 1915 So what did they do? They set up a terrorism Preparedness Act. Let me medical corporation. They bought a just briefly summarize a few things The amounts dwarfed anything bunch of incubation equipment. By that this bill does. American experts had ever imagined. having that medical corporation, they It would upgrade Federal capacity to Alibek also described a germ empire were then able to purchase from a lab respond to bioterrorism by expanding that stretched from the Soviet Council in Maryland all sorts of different orga- the strategic national pharmaceutical of Ministers to the Soviet Academy of nisms, like salmonella. But they could stockpile. It would expand the Centers Sciences through the Ministries of have easily used typhoid and gotten for Disease Control capacities and im- Health, Defense and Agriculture and the bugs. prove training. into the Biopreparat, his own osten- Fortunately, they decided not to use Public health laboratories, our lab- sibly civilian pharmaceutical agency. something like typhoid, so what they oratories, have been severely stretched In fact, Biopreparat was a biologic did was they grew cultures and they in trying to deal with all of the types war machine that employed tens of brewed up a batch of salmonella. They of cultures that we have been doing thousands of people at more than 40 put it into little slurries and they went with just this anthrax attack. We need sites spread across Russia and to every restaurant and they sprinkled better disease surveillance so that we Kazakhstan. We were worried about it over the salad bars. can coordinate information from all this. This book goes through the long his- I will bet Members think I am mak- around the country, so that we have tory of biologic warfare research, but ing this up. It is well documented. It is early warning systems and will be able we were particularly worried because documented in this book. It was docu- to respond to those. there filtered out of the Soviet Union mented, but a lot of people did not We need to enhance the controls on reports of an epidemic, an anthrax epi- know this full story until interviews dangerous biologic agents. Anthrax is demic in one of these towns that were done years later. Consequently, an organism that exists in the soil proved to be a research town. about 700-plus citizens became deathly around the United States. We still see For years we tried to figure out ill right around the time that there a sporadic anthrax case in cattle, for whether in fact this had been tainted were elections. Fortunately, none of instance. There have been many, many meat, like the Soviets had said, or those people became so sick that they sites around the country that have an- whether in fact there had been a re- passed away. thrax in their storerooms, in their lease of aerosolized anthrax by acci- I can tell the Members that I have stores, in their labs, because they have dent from one of the Soviet bloc labs. had some personal experience with been doing research on this as it re- It turned out in the end that it was a food-borne infection. A few years ago I lates to animal diseases. leak, and there was a very significant was on a surgical mission down in Peru We need to make sure that those dan- contamination and loss of life in the and ate some contaminated food and gerous agents are properly secure so Soviet Union from that. came down with a bad case of encepha- that they cannot be stolen. We need to The United States carried on re- litis, and nearly passed away. It is no improve the response at the State and search, too, but nothing to the scale of fun to catch food-borne illnesses. local level. the Soviet Union. What is worrisome is So this problem that we are looking Mr. Speaker, the States right now that after the collapse of the Soviet at runs across many different aspects are having a tough time because, as the Union and the economic chaos that has of American life. I believe that we need economy has gone down, we will see in ensued, so many of these biologists in to address this before we leave for the practically every State’s newspapers the Soviet Union that were doing the end of the year. problems with meeting their State type of research that Mr. Alibek was It is clear that the United States budgets. This is the case in Iowa. Our doing were basically unemployed. They faces a grave and I think growing legislature just had a special session were destitute. threat from bioterrorism. There is where they did an across-the-board 4 or It is fair to say that our defense and some evidence that Osama bin Laden 5 percent cut in Federal-State spend- our intelligence agencies, members and his people have tried to develop ing, but it is clear that these State high up in our government, have been biologic agents. We know that a ter- public health services have been very concerned that these individuals rorist group in Japan tried planting trimmed for several years and are very, and their expertise could get to ter- biologic agents in subways. very insufficient. rorist states. So, all of a sudden when We have also found that the recent So we need to provide grants to the we had these letters laced with an- rather limited anthrax attacks on our States, in my opinion, to assure for thrax, the public became very aware of country have stretched to the breaking adequate planning and preparedness. this potential threat. point Federal, State, and local public We need to equip hospitals to respond Now, I should point out that this at- health abilities, so I think we need to to this threat. We need to develop new tack with anthrax was not the first substantially invest in some bioter- treatments, vaccines. We need to accel- biologic terrorist attack in the United rorism preparedness. As I said before, a erate the production of the smallpox States. I did my general surgery train- major epidemic I think would over- vaccine. We need to expand research ing in Oregon. Shortly after I left Or- whelm our hospitals. It would over- grants for new product advancement. egon to go to Boston for some addi- whelm our Federal, State, and local We need to authorize long-term con- tional training, 750 people in a little health agencies, as well. tracts for vaccinations and drug devel- town in eastern Oregon became deathly We need to be able to respond to a opment and be able to do it in a way ill with salmonella. bioterrorist attack. We need to do that we do not violate things like anti- The CDC sent investigators, and they things to improve the ability of vic- trust. just could not crack what happened. tims to survive, improve our ability to We need to improve research and de- Eventually they said in the end, I treat the victims of an attack in a hos- velopment coordination through both think it is an accidental exposure, food pital. I think we need to improve our public and private partnerships. poisoning. ability to contain an epidemic by ex- We need to improve our food safety. It was about a year later that the panding treatment. That means in- We have an awful lot of food coming true story came out. The story was, creasing our supplies of drugs, our into this country from foreign coun- and this is the truth, that there was a pharmaceutical stockpiles. We need to tries. We need to make sure that there group of Rajneeshis that had a com- accelerate the development of new are no accidental exposures or acts of pound in this county in eastern Or- treatments, including a smallpox vac- bioterrorism related to food coming egon, thousands of Rajneeshis under cine. into this country. the aegis of the Bhagwan. So tomorrow, the gentleman from If nothing else, we need to make sure They had had a lot of trouble with Arkansas (Mr. BERRY) and I will intro- that our borders are secure so that the county government, so a county duce in the House a companion bill to somebody does not try to introduce, let

VerDate 06-NOV-2001 01:18 Nov 16, 2001 Jkt 099060 PO 00000 Frm 00059 Fmt 7634 Sfmt 0634 E:\CR\FM\K15NO7.134 pfrm13 PsN: H15PT1 H8242 CONGRESSIONAL RECORD — HOUSE November 15, 2001 us say, hoof and mouth disease. Hoof that. They are already in the red be- tional disaster medical response sys- and mouth disease resulted in a several cause of low reimbursements rates tem of volunteers who can respond at billion dollar loss in England alone. If from Medicare and from HMO’s. So the Secretary’s direction to a national hoof and mouth disease were used by what do we need to do? We need to as- public health emergency. terrorists in this country, it could sist hospitals who are part of a consor- This bill amends and further clarifies wreak economic devastation on our ag- tium that would respond to an attack. the procedures for declaring a national ricultural sector and significantly hurt I think a figure of about $375 million is public health emergency. It expands the whole economy. We need to address a reasonable figure for that. the authority of the Secretary during that. Finally, I talked a little bit about the emergency periods. We need to increase inspections of things we need to do for agriculture. Today, before the Committee on En- food and products coming into this We have about $500 million budgeted ergy and Commerce, Secretary Tommy country. We need to improve the Fed- into this bill for that. These are not Thompson testified. He said very good eral Government’s capacity to prevent huge sums when you are talking about things about this bill. The fact that the and detect those terrorist activities on a country as big as the United States. administration has worked hand-in- agriculture. This comes to about $3.2 billion. As hand with Senator FRIST, Senator KEN- Now, we cannot do this on the cheap; Senator FRIST said today, we think NEDY, Senator PAT ROBERTS, Senator but at the same time, we need to be that this amount is enough to get us CHUCK HAGEL, Senator EDWARDS and careful that we spend wisely. Senator ready, to take us from an unprepared others to come to reasonable ways so FRIST and Senator KENNEDY introduced state, to get us to a prepared state. We that the Secretary can actually do his their bill today. This bill would cost may need to do more later on. But this job. about $3.2 billion. Let me run briefly is a good start. A report by the General Accounting through some of the areas where we Let me go into a few more details Office raised concerns about the lack of need to do some spending and put this about the bill. Title I of this bill, the coordination of Federal anti-bioter- rorism efforts. Therefore, this bill con- into perspective. Bioterrorism Preparedness Act of 2001, I have already mentioned that we basically deals with national goals to tains a number of measures to enhance that coordination and cooperation need to improve the national strategic deal with this terrorist threat. The among various Federal agencies. Sec- pharmaceutical stockpile. This would Bioterrorism Preparedness Act states that the United States should further retary Tommy Thompson agreed. increase the coordination of activities, Title II establishes an assistant sec- develop and implement a coordinated increase the amount of necessary retary for emergency preparedness at strategy to prevent and, if necessary, therapies, including therapies for post- HHS. It creates an interdepartmental to respond to biologic threats and at- exposure vaccines. I think it would be working group on bioterrorism that tacks. I do not know anyone in this reasonable to spend about $640 million would include the Secretary of Health Congress that would disagree with on this. and Human Services, the Secretary of that. If we then moved down to title IV in Defense, Veterans Affairs, Labor and It further states that it is the goal of the bill, smallpox vaccine, this would Agriculture, FEMA, the Attorney Gen- Congress that this strategy should, cost roughly $500 million. So if we add eral and appropriate other Federal offi- number one, provide Federal assistance up the drugs that we need plus the vac- cials because all of these officials are to State and local government in the cines we need, we are already at about called upon to respond in this type of event of a biologic attack; number two, 1.2, $1.1 billion. That is with nothing attack, and we need to have coordina- improve public health, hospital, lab- else. If we stopped at $1.2 billion, we tion in a working group. would have nothing left for doing the oratory communications and emer- Additionally, Title II helps the Fed- other things that we need to do. gency response preparedness; number eral Government to better track and For instance, we need to upgrade the three, rapidly develop and manufacture control biologic agents and toxins. The CDC’s bioterrorism capabilities. Under needed therapies, vaccines, medical Secretary would be required to review the bill that the gentleman from Ar- supplies; and number four, enhance the and update a list of biologic agents and kansas (Mr. BERRY) and I will intro- safety of the Nation’s food supply and toxins that could pose a severe threat duce tomorrow, we set aside $60 million protect its agriculture from biologic to the public and to enhance regula- for that. threats. Noncontroversial section. tions regarding the possession, use and Title II of this bill, improving the b 1930 transfer of agents or toxins. Federal response to bioterrorism. This Remember, I was telling the story We need to improve the public health is important. It may sound a little dry, about the Rajneeshis and how they laboratory network through the CDC. but unfortunately, we have a situation were able to obtain these biologic That would be another $60 million. We now where you have this responsibility agents. This section deals with that. need to improve State and local pre- spread out through about 40 different Violations of these regulations could paredness capabilities. agencies. That is part of the reason trigger civil penalties of up to 500,000 There are about 280 million Ameri- why President Bush stood on this floor and criminal sanctions could be im- cans, roughly speaking, in this coun- and said we need a director of home- posed. try. We are proposing spending about land security. We need to consolidate. Title III, we need to improve State $1 billion in order to create a new We need to streamline. and local preparedness. Numerous re- emergency State bioterrorism pro- Title II of this bill does this because ports in recent years have found that gram, a grant program that would as- it requires the Secretary of Health and the Nation’s public health infrastruc- sist all States in achieving some mini- Human Services to report to Congress ture is lacking. For example, nearly 20 mal levels of preparedness. We need to within 1 year of enactment and 2 years percent of local public health depart- strengthen the current 319(C) grant afterwards on progress made towards ments have no e-mail capability. Fewer programs to allow project grants to ad- meeting the objectives of this act. It than half of our public health agencies dress public health capabilities. provides authorization for the Stra- have Internet or broadcast facsimile Now, think of that, 280 million Amer- tegic National Pharmaceutical Stock- capabilities. Think of that. Half of our icans, about $1 billion; we are talking pile. It provides additional resources to public health departments do not have about probably less than $3.75 per the Centers for Disease Control to fax transmission. American to do this. Do you think carry out education and training ini- Before September 11 only one in five most Americans think that that is too tiatives, to help those health profes- U.S. hospitals had a bioterrorism pre- much to spend on being able to combat sionals who are going to be on the paredness plan of any sort. Title III ad- a terrorist activity at their State and front line, the first responders to a ter- dresses this situation by including sev- local level? rorist attack, to recognize in early eral enhanced grant programs to im- What about hospitals? As I said be- stages when treatment may be effec- prove State and local public health fore, hospitals have been cut to the tive, diseases such as anthrax. preparedness. bone. In Iowa, especially some of the We need to improve the Nation’s lab Today, Secretary of Health and rural hospitals, it is even worse than capacity. We need to establish a na- Human Services Tommy Thompson

VerDate 06-NOV-2001 01:18 Nov 16, 2001 Jkt 099060 PO 00000 Frm 00060 Fmt 7634 Sfmt 0634 E:\CR\FM\K15NO7.136 pfrm13 PsN: H15PT1 November 15, 2001 CONGRESSIONAL RECORD — HOUSE H8243 agreed. That is the former governor of to import contaminated food. A num- mitting a draft bill entitled, ‘‘FDA Export Wisconsin. He knows what this is like. ber of issues are involved. and Import Fee Act of 2001’’; to the Com- He knows how States are strapped for There is one issue, for instance, local mittee on Energy and Commerce. cash, how State public health depart- to my State of Iowa. We have in Ames, 4584. A letter from the Deputy Associate Administrator, Office of Acquisition Policy, ments have suffered, and how we need Iowa, the National Animal Disease General Services Administration, transmit- to do something to help. Center. They deal with a lot of very ting the Administration’s final rule—Federal So there would be grants given in powerful infectious diseases. We need Acquisition Regulation; Veterans’ Employ- this bill for those States. Activities to make sure that that facility is se- ment [FAC 2001–01; FAR Case 1998–614; Item funded under the grant would include cure, and we need to make sure that it IV] (RIN: 9000–AI46) received November 13, conducting an assessment of core pub- is updated and modernized in order to 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to the lic health capacities, achieving the fulfill its function. My colleagues may Committee on Government Reform. core public health capabilities and ful- remember that with these anthrax 4585. A letter from the Deputy Associate filling preparedness plans. The bill cases, the anthrax is being traced to a Administrator, Office of Acquisition Policy, General Services Administration, transmit- would also establish a new grant pro- type of anthrax called the ‘‘Ames vari- ting the Administration’s final rule—Federal gram for hospitals, as I have men- ety.’’ Acquisition Regulation; Very Small Business tioned. So these are a number of things that Pilot Program [FAC 2001–01, FAR Case 2001– Title IV, developing new counter- are in the bill that the gentleman from 001; Item VI] (RIN: 9000–AJ16) received No- measures against bioterrorism. As I Arkansas (Mr. BERRY) and I will intro- vember 13, 2001, pursuant to 5 U.S.C. said, we need to expand our Nation’s duce tomorrow, the companion bill to 801(a)(1)(A); to the Committee on Govern- stockpile of smallpox vaccine, critical the Senate bioterrorist bill, Bioter- ment Reform. pharmaceuticals. Title IV gives the rorism Preparedness Act of 2001. I 4586. A letter from the Deputy Associate Secretary authority to enter into long- Administrator, Office of Acquisition Policy, would strongly encourage my col- General Services Administration, transmit- term contracts with sponsors to guar- leagues to sign up as cosponsors for ting the Administration’s final rule—Federal antee that the government will pur- this. We already have a fair number of Acquisition Regulation; Small Entity Com- chase a certain quantity of vaccine at bipartisan cosponsors for this bill. We pliance Guide—received November 13, 2001, a certain price. will be dropping this tomorrow some- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- This problem with vaccines has been time. mittee on Government Reform. one that has vexed the government for This is something that the language 4587. A letter from the Deputy Associate a number of years. The pharmaceutical will be out there. People can look at it Administrator, Office of Acquisition Policy, General Services Administration, transmit- companies traditionally have not been over Thanksgiving recess, and I would interested in producing vaccines. It is ting the Administration’s final rule—Federal hope then that we could have a debate Acquisition Circular 2001–01; Introduction— not a big money maker for them. on this, both in the Senate and in the received November 13, 2001, pursuant to 5 Maybe one person in a million can suf- House sometime in the first 2 weeks of U.S.C. 801(a)(1)(A); to the Committee on Gov- fer a serious problem, including death December. This is something, along ernment Reform. from a vaccine. It probably is closer to with aviation security, that I think our 4588. A letter from the Deputy Associate four to six people can suffer some seri- constituents are demanding that Con- Administrator, Office of Acquisition Policy, ous permanent sequela from a vaccine gress put aside partisan concerns and General Services Administration, transmit- and one person might die out of a mil- address as a national security issue. ting the Administration’s final rule—Federal lion. Consequently, there have been Acquisition Regulation; Application of the Once again, I want to recommend to Davis-Bacon Act to Construction Contracts problems with lawsuits and liability re- my colleagues that they read this book with Options to Extend the Term of the Con- lated to that. on germs, become experts on this. We tract [FAC 2001–01; FAR Case 1997–613; Item The lab that the government has are going to get a lot of questions from I] (RIN: 9000–AI47) received November 13, wanted to produce the anthrax has had our constituents at our town hall 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to the real problems with control and ste- meetings. Sign up for this bill and we Committee on Government Reform. rility and cleanliness. It is clear we will be able to tell them some of the 4589. A letter from the Deputy Associate need to devote some funds for this. good things that we are going to be Administrator, Office of Acquisition Policy, General Services Administration, transmit- Title V deals with our Nation’s food able to do to try to improve our ability supply. With 57,000 establishments ting the Administration’s final rule—Federal to handle a potential epidemic or bio- Acquisition Regulation; Acquisition of Com- under its jurisdiction, we have only 7- terrorist threat. mercial Items [FAC 2001–01; FAR Case 2000– to 800 food inspectors, including 175 im- b 1945 303; Item II] (RIN: 9000–AI88) received No- port inspectors for more than 300 ports vember 13, 2001, pursuant to 5 U.S.C. of entry into this country. The FDA So with that, Mr. Speaker, I hope 801(a)(1)(A); to the Committee on Govern- needs increased resources for inspec- that we proceed with this in a timely ment Reform. tions of imported food. There is no fashion. 4590. A letter from the Deputy Associate question about that. Secretary Tommy f Administrator, Office of Acquisition Policy, Thompson agreed with that today. General Services Administration, transmit- RECESS The President’s emergency relief ting the Administration’s final rule—Federal The SPEAKER pro tempore (Mr. Acquisition Regulation; Prompt Payment budget included a request for 61 million Under Cost-Reimbursement Contracts for to enable the FDA to hire 410 new in- FORBES). Pursuant to clause 12 of rule Services [FAC 2001–01; FAR Case 2000–308; spectors, lab specialists and other ex- I, the Chair declares the House in re- Item III] (RIN: 9000–AJ17) received November perts, as well as to invest in new tech- cess subject to the call of the Chair. 13, 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to nology and equipment. We think that Accordingly (at 7 o’clock and 45 min- the Committee on Government Reform. should be done. utes p.m.), the House stood in recess 4591. A letter from the Deputy Associate Title V grants the FDA needed au- subject to the call of the Chair. Administrator, Office of Acquisition Policy, General Services Administration, transmit- thority to ensure the safety of domes- f tic and imported food. It allows the ting the Administration’s final rule—Federal EXECUTIVE COMMUNICATIONS, Acquisition Regulation; Veterans’ Entrepre- FDA to use qualified employees from ETC. neurship and Small Business Development other agencies. It makes sure that the Act of 1999 [FAC 2001–01; FAR Case 2000–302; FDA has authority to prevent port- Under clause 8 of rule XII, executive Item V] (RIN: 9000–AI93) received November shopping by marking food shipments communications were taken from the 13, 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to denied entry at one U.S. port to ensure Speaker’s table and referred as follows: the Committee on Government Reform. that they just do not show up at an- 4582. A letter from the Secretary, Depart- 4592. A letter from the Acting Commis- other U.S. port. It gives the FDA addi- ment of Health and Human Services, trans- sioner of Social Security, Social Security tional tools to ensure proper records mitting a draft bill entitled, ‘‘Promotion and Administration, transmitting the Adminis- Support of Responsible Fatherhood and tration’s draft bill entitled, ‘‘Ticket to Work are maintained by those who manufac- Healthy Marriage Act of 2001’’; to the Com- and Work Incentives Improvement Act ture, process, pack, transport, dis- mittee on Education and the Workforce. Amendments of 2001’’; jointly to the Com- tribute, receive food. It may debar a 4583. A letter from the Secretary, Depart- mittees on Ways and Means and Energy and person who engages in patterns seeking ment of Health and Human Services, trans- Commerce.

VerDate 06-NOV-2001 01:18 Nov 16, 2001 Jkt 099060 PO 00000 Frm 00061 Fmt 7634 Sfmt 0634 E:\CR\FM\K15NO7.139 pfrm13 PsN: H15PT1 H8244 CONGRESSIONAL RECORD — HOUSE November 15, 2001 4593. A letter from the Secretary, Depart- for printing and reference to the proper American Development Bank, and the Euro- ment of Health and Human Services, trans- calendar, as follows: pean Bank for Reconstruction and Develop- mitting a draft bill entitled, ‘‘HHS Bioter- Mr. OXLEY: Committee on Financial Serv- ment; with an amendment (Rept. 107–291). rorism Prevention and Emergency Response ices. H.R. 2604. A bill to authorize the United Referred to the Committee of the Whole Act of 2001’’; jointly to the Committees on States to participate in and contribute to House on the State of the Union. Energy and Commerce, the Judiciary, and the seventh replenishment of the resources Ways and Means. Mr. OXLEY: Committee on Financial Serv- of the Asian Development Fund and the fifth ices. H.R. 2871. A bill to reauthorize the Ex- f replenishment of the resources of the Inter- national Fund for Agricultural Development, port-Import Bank of the United States, and REPORTS OF COMMITTEES ON for other purposes; with an amendment PUBLIC BILLS AND RESOLUTIONS and to set forth additional policies of the United States towards the African Develop- (Rept. 107–292). Referred to the Committee of Under clause 2 of rule XIII, reports of ment Bank, the African Development Fund, the Whole House on the State of the Union. committees were delivered to the Clerk the Asian Development Bank, the Inter-

N O T I C E Incomplete record of House proceedings. Today’s House proceedings will be continued in the next issue of the Record.

VerDate 06-NOV-2001 01:18 Nov 16, 2001 Jkt 099060 PO 00000 Frm 00062 Fmt 7634 Sfmt 8633 E:\CR\FM\L15NO7.000 pfrm13 PsN: H15PT1 E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 107 CONGRESS, FIRST SESSION

Vol. 147 WASHINGTON, THURSDAY, NOVEMBER 15, 2001 No. 158 Senate The Senate met at 10 a.m. and was RESERVATION OF LEADER TIME I ask Senators’ patience. As soon as called to order by the President pro The PRESIDENT pro tempore. Under the progress becomes more apparent, tempore [Mr. BYRD]. the previous order, the leadership time we will make a definitive judgment is reserved. about the time involved in consider- PRAYER f ation of the conference report later The Chaplain, Dr. Lloyd John this week. RECOGNITION OF THE MAJORITY I thank Senators for their attention Ogilvie, offered the following prayer: LEADER Faithful Father, Your words to Josh- and yield the floor. ua so long ago sound in our souls as The PRESIDENT pro tempore. The f majority leader is recognized. Your encouragement to us today: ‘‘I MORNING BUSINESS will not leave you nor forsake you. Be f strong and of good courage.’’ The PRESIDING OFFICER. Under SCHEDULE the previous order, there will now be a Thank You for the consistency and Mr. DASCHLE. Mr. President, this period for the transaction of morning constancy of Your presence. Your love morning the Senate will conduct a pe- business with Senators permitted to and guidance are not on again off riod of morning business with Senators speak therein for up to 10 minutes again. We can depend on Your steady permitted to speak for up to 10 min- each. flow of strength. Just to know that utes. At 10:30 this morning, the Senate Under the previous order, the Sen- You are with us in all the ups and will consider the Agriculture appro- ator from Nevada, Mr. REID, will speak downs of political life is a great source priations conference report under a 1- for up to 10 minutes. Under the order of confidence. We can dare to be strong hour time agreement with a vote on previously entered, the junior Senator in the convictions that You have honed the adoption of the report at approxi- from Nevada, Mr. ENSIGN, will be rec- in our hearts and courageous in the ap- mately 11:30. We also hope to consider ognized to speak likewise for up to 10 plication of them to our work in gov- the Commerce-State-Justice appropria- minutes. ernment. tions conference report during today’s The majority whip. Grant the Senators a renewed sense session. There will be other business as of how much You have invested in well, perhaps including some addi- f them and how much You desire to do tional nominations. YUCCA MOUNTAIN through them in the onward movement I have just consulted with Senator Mr. REID. Senator ENSIGN and I rise HOLLINGS in regard to the airport secu- of this Nation. It is for Your namesake, to address the Senate on something we Your glory, and Your vision that You rity legislation. He has indicated that negotiations continue. He was encour- believe is extremely important. bless them. You guide and inspire them For 20 years now, there have been at- as leaders because You have great aged by the progress made overnight. I have discussed the matter at some tempts made to place high-level nu- plans for this Nation that You want clear waste in the deserts outside Las them to accomplish. You have chosen length with Senator LOTT over the course of the last couple of days. It is Vegas. We have always believed that them. May they choose to be chosen the process has not been fair. Origi- today and lead with spiritual self-es- his view, as it is mine, that we just cannot leave today, this week, until nally, there was supposed to be three teem motivated by this sense of sites selected under the 1982 act. Wash- chosenness. Your word for the day is this matter has been completed. I know a number of Senators have ington, Texas, and Nevada were the ‘‘Be not afraid, I am with you.’’ You three sites chosen. are our Lord and Saviour. Amen. been interested in the schedule for the balance of the week. I am not able to In 1987, for various reasons, the two give them a definitive schedule with other sites were eliminated, and so f regard to votes, either today or tomor- there is only one site now being fo- row, until we know the timeframe in- cused. That is Yucca Mountain in Ne- PLEDGE OF ALLEGIANCE volved in completing our work on the vada. The PRESIDENT pro tempore led the airport security bill. Let’s assume that a person is charged Pledge of Allegiance, as follows: It is my hope and expectation that it with a crime and they learn later that the prosecutor and the person rep- I pledge allegiance to the Flag of the would be done sometime today. If not, United States of America, and to the Repub- of course, we will then take it up to- resenting the accused were the same lic for which it stands, one nation, under morrow, and Senators would be re- lawyer. People would be outraged. If God, indivisible, with liberty and justice for quired to stay for the vote on that very you were in an automobile accident all. important legislation. and you had a trial and you suddenly

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

S11869

.

VerDate Mar 15 2010 03:29 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S11870 CONGRESSIONAL RECORD — SENATE November 15, 2001 learned that the person representing volved in the licensing of Yucca Moun- administrations. Each Cabinet agency you, the person injured, also rep- tain, of how severely tainted was the we have has an inspector general who resented the insurance company, that information they received on building is independent. The inspector general would be unfair. That is what we have Yucca Mountain. This is supposed to be doesn’t have to account to the Sec- just learned has been going on at unbiased science and legal information. retary of Energy. He is independent. Yucca Mountain. Was the science biased now? Did the Their terms go through different ad- We found that the attorney who was Department of Energy buy biased ministrations. He was appointed during giving advice to Yucca Mountain and science? They have obviously bought the Clinton administration, now in the being paid up to $16 million, this law biased legal work. Bush administration. He is giving the firm also was representing the nuclear So there needs to be a full investiga- best advice that he can give. What he power industry. tion of this whole process. We have has determined is that this is one of Senator ENSIGN will outline for any- some very serious questions to come the most serious ethical violations one within the sound of our voices how before the U.S. Senate next year. The they have ever found in that depart- this came about that we learned that Department of Energy is ready to ment, and I think rightfully so. there was one law firm representing make their recommendation in a favor- The American people have spent mil- both sides in effect. able fashion on the suitability for lions of dollars on a biased report, bi- Mr. ENSIGN. I thank the senior Sen- Yucca Mountain. We think we need to ased advice given to the Department of ator from Nevada. Back in July of this put the brakes on all of this and take Energy. year, one of the local Las Vegas Sun a whole fresh new look. We can’t blame this on the Depart- reporters, Ben Grove, brought out in a So, Mr. President, I say to the senior ment of Energy. We blame them for a news report that there was a potential Senator from Nevada that I think we lot of things, but we can’t blame them conflict of interest involving a law have some serious, serious matters be- for this conflict of interest. When they firm based in Chicago, Winston & fore us that need the attention of quite were filing an application to get this Strawn, which was representing not a few people as we are going forward. account, they asked questions such as: only the nuclear power industry but Mr. REID. If the Senator will yield. Do you have a conflict of interest? Do also the Department of Energy at the The PRESIDENT pro tempore. The you represent parties adverse to giving same time. We sent a letter together, senior Senator from Nevada has the good advice to the DOE? They said, dated August 1, to the Inspector Gen- floor. without any qualifications, no. eral for the Department of Energy, Mr. REID. As the Senator, my friend, I want to ask my friend from Nevada asking that the inspector general look from Nevada has indicated, 14 employ- a question. The Senator is a scientist. into this conflict of interest. Late yes- ees working for this law firm were, in He has a degree in veterinary medicine. terday afternoon, the inspector general effect, giving advice to both sides. This He is a doctor. It is easy to spin science met with the senior Senator from Ne- isn’t like representing somebody who the wrong way, if you choose to do so, vada and myself and laid out the full may have had a stop sign violation. and not be fair; is that correct? report on their findings. As it turns This is a law firm that has represented Mr. ENSIGN. If the Senator will out, the inspector general said that the Department of Energy in an at- yield, I will go even further and say there has been virtually no clear evi- tempt to go forward on a licensing pro- that, in science, one of the reasons you dence of a conflict of interest in his cedure that affects the life and safety even do what are called double blind time period that he has been doing of tens of millions of Americans. This studies is so that you don’t prejudice these types of investigations. From not only involves the State of Nevada yourself in going forward with a poten- September 1999 until July 2001—and by but the rest of this country. The nu- tial conclusion. What I mean by that— the way, only because of the reporters clear waste is going to have to travel and I will try to give an example on bringing this thing to the public did across this country on highways and this particular project—you would not Winston & Strawn terminate the rela- railways. want to have people who are saying up- tionship with the Energy Institute. But The advice the Department of Energy front that Yucca Mountain is safe for a during that period of time, this law has been getting from this law firm is nuclear repository and, therefore, we firm represented both the Department tainted. This is a clear case of bias. It are going to investigate it and prove of Energy and the Nuclear Energy In- is an ethical meltdown. What the peo- that it is safe. You want people to look stitute. ple of Nevada need now is a full ac- at it who are going to say: We don’t Now, to paint what was going on counting of how far this misconduct know whether Yucca Mountain is safe there, the DOE had hired this law firm has spread. What my friend, the junior or suitable for a nuclear repository or to give them advice on the licensing Senator from Nevada, has said is, has not, but we are going to do the inves- process and the legal process for build- this gone over into the scientific cal- tigation to find out whether it is suit- ing a permanent repository at Yucca culations and considerations made. able. Mountain. During the time that they Mr. President, I ask unanimous con- That would be an unbiased view. And were supposed to be getting unbiased sent that Senator ENSIGN and I both then on top of that, if you have people information, they were being retained have 20 minutes, and if the Chair will who have a financial interest giving by the lobbying group that is pushing advise us when we have 2 minutes left. you information, you can imagine how Yucca Mountain to be built. This is a The PRESIDENT pro tempore. With- that can taint the whole process. clear conflict of interest. out objection, it is so ordered. I say to the senior Senator from Ne- There were over 14 employees, from Mr. REID. The people of Nevada need vada that the potential for bias here in what we read in the report. This report a full accounting of how far this mis- a scientific realm is very great and was released this morning publicly at 8 conduct has spread. The junior Senator causes me great concern. o’clock. It is on the Internet. But there from Nevada is a scientist. He is a doc- Mr. REID. Mr. President, DOE hired were 14 employees that had done work tor of veterinary medicine. He knows a biased lobbyist and an unethical law both for the Department of Energy and how easy it is to misinterpret, mis- firm. What stops them from having al- for the Nuclear Energy Institute. calculate scientific calculations. ready purchased biased or unethical Potentially, up to $16 million is the I am a lawyer. I know what it means science? Nothing. total amount of lawyer’s fees that the to have misconduct, to commit mal- I believe we need an independent sci- DOE could be paying out to Winston & practice. Certainly, that is what you entific review of the science, an inde- Strawn for supposedly getting unbiased have here. This is an ethical meltdown. pendent review by scientists who have information. So I tell the senior Sen- I think what this law firm of Winston never received funding from DOE for ator from Nevada, with this informa- & Strawn should be doing today is Yucca Mountain work. tion that we have received—and I know searching for lawyers to represent With this review, we would have a that my friend agrees—there should be them because what they have done is, program that could stand the light of a full investigation by the Department if not illegal, certainly unethical. day. Until we do this, we have a taint- of Energy and by the Nuclear Regu- Mr. President, we have done this leg- ed program, one that should be latory Institute, and anybody else in- islatively with the support of various stopped. This involves 43 of our United

VerDate Mar 15 2010 03:29 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY November 15, 2001 CONGRESSIONAL RECORD — SENATE S11871 States, with train and truck traffic violation. That is why I have said sev- The PRESIDENT pro tempore. The going through every one of those eral times today, I think they need to clerk will call the roll. States. This is very serious. find themselves a lawyer because what The assistant legislative clerk pro- Mr. President, how much time re- they have done is either criminal or ceeded to call the roll. mains? unethical. Mr. REID. Mr. President, I ask unan- The PRESIDENT pro tempore. Seven Mr. ENSIGN. Mr. President, I want imous consent that the order for the minutes remain. to point out one other item that is in quorum call be rescinded. Mr. REID. I yield the floor. this document to show what a conflict The PRESIDENT pro tempore. With- The PRESIDENT pro tempore. The of interest we have. Winston & Strawn out objection, it is so ordered. junior Senator from Nevada. not only represented the Nuclear En- f Mr. ENSIGN. Mr. President, I want ergy Institute, but they also were rep- to point out a couple other items in resenting a company that manufac- VETERANS BENEFITS ACT OF 2001 this report. First, when the inspector tured the nuclear waste containers. Mr. REID. Mr. President, I ask unan- general was giving us the briefing, one There is no company that would ben- imous consent that the Veterans’ Af- of the things that was pointed out to us efit more from having Yucca Mountain fairs Committee be discharged from was that Winston & Strawn had actu- built than the company that builds further consideration of H.R. 2540, and ally recognized in some of their inter- these nuclear waste containers. the Senate proceed to its immediate nal documents a potential conflict of If they are representing people who consideration. interest. are going to benefit financially from The PRESIDENT pro tempore. With- Some of their senior people said that this project going forward—obviously, out objection, it is so ordered. The we need to put up some firewalls with- the Nuclear Energy Institute does as clerk will report the bill by title. in our firm to make sure if we have well—clearly the people who make the The assistant legislative clerk read lawyers over here working one way, casks to store the waste are going to as follows: that they are in no way in concert with benefit hugely financially. A bill (H.R. 2540) to amend title 38, United some of the lawyers working with DOE, Those same lawyers representing this States Code, to make various improvements say, versus the Nuclear Energy Insti- firm over here and also trying to give to veterans benefits programs under laws ad- tute. the Department of Energy unbiased in- ministered by the Secretary of Veterans Af- Those firewalls were never put in formation is so outrageous it is hard to fairs, and for other purposes. place. Let me repeat, those firewalls even conceive. There being no objection, the Senate which could have potentially stopped I hope all our colleagues will take a proceeded to consider the bill. the conflict of interest were never put fresh look at this issue because the Mr. REID. Mr. President, I under- in place. Instead, 14 lawyers worked on Senate is going to be dealing with some stand that Senators ROCKEFELLER and both sides. If this is not a conflict of very serious issues when it comes to SPECTER have a substitute amendment interest, if this does not spark people’s Yucca Mountain over the next 12 at the desk. I ask unanimous consent outrage, not only at this law firm—by months. that the amendment be agreed to, the the way, upfront this law firm was I hope, regardless of how people have bill, as amended, be read a third time asked: Do you have any clients who voted in the past, that my colleagues and passed, the amendment to the title would present a conflict of interest? will take a fresh look and say: Maybe be agreed to, the motion to reconsider When we let Government contracts, we need a timeout on this issue. be laid upon the table, any statements especially for law firms such as this, About $7 billion has already been relating to the bill be printed in the they are always asked that same ques- spent on Yucca Mountain. We appro- RECORD, all with no intervening action tion. From what I understand—and if priated another couple hundred million or debate. the senior Senator, being a lawyer, will dollars this year. We are talking a lot The PRESIDENT pro tempore. With- address this—there are people within of money that is potentially being out objection, the several requests are law firms, there are ethical panels that wasted, being put down a rat hole. All granted. It is so ordered. review whether there are going to be of your colleagues need to take a fresh The amendment (No. 2149) was agreed problems representing one side or the look at this because the GAO has said to, as follows: other side to make sure that ethical it is going to cost over $50 billion more Strike all after the enacting clause and in- violations do not occur simply because to finish this project. That is serious sert the following: it is such a serious matter within the money, and we need to take a fresh SECTION 1. SHORT TITLE; REFERENCES TO TITLE legal profession. look. 38, UNITED STATES CODE. Will the senior Senator from Nevada The PRESIDENT pro tempore. The (a) SHORT TITLE.—This Act may be cited as address how that is set up within law time of the Senator has expired. the ‘‘Veterans’ Compensation Rate Amend- firms, the whole ethics committee, to Mr. ENSIGN. I yield the floor to the ments of 2001’’. make sure they do not have these con- senior Senator. (b) REFERENCES TO TITLE 38, UNITED STATES CODE.—Except as otherwise expressly flicts of interest? Mr. REID. Mr. President, my final provided, whenever in this Act an amend- Mr. REID. I will be happy to respond statement is, if this law firm, Winston ment or repeal is expressed in terms of an to the question of the junior Senator & Strawn, had firewalls set up to see if amendment to, or repeal of, a section or from Nevada. there was a conflict of interest, these other provision, the reference shall be con- One of the things we discussed yes- firewalls burned down. They burned to sidered to be made to a section or other pro- terday evening with the Office of the the ground. This law firm, in my opin- vision of title 38, United States Code. Inspector General when they were ion, has burned to the ground. They SEC. 2. DISABILITY COMPENSATION. going over the report they released this should refund the money to the Depart- (a) INCREASE IN RATES.—Section 1114 is morning is that law firms have built-in ment of Energy, and I think the State amended— mechanisms to prevent conflicts of in- Bar Association of Illinois should look (1) by striking ‘‘$98’’ in subsection (a) and terest. These large law firms can de- inserting ‘‘$103’’; at proceedings against this law firm. (2) by striking ‘‘$188’’ in subsection (b) and velop conflicts of interest, so every What they have done gives not only inserting ‘‘$199’’; case they take is submitted to a com- lawyers a bad name but gives the en- (3) by striking ‘‘$288’’ in subsection (c) and mittee. Even the relatively small law tire process dealing with Yucca Moun- inserting ‘‘$306’’; firms in Nevada that have 40, 50, 60 law- tain a bad name. With Winston & (4) by striking ‘‘$413’’ in subsection (d) and yers have an apparatus within them Strawn’s malfeasance, malpractice, inserting ‘‘$439’’; where every new file they take is and unethical actions, I think they (5) by striking ‘‘$589’’ in subsection (e) and looked over for conflicts. should refund the money, I repeat, and inserting ‘‘$625’’; I am astounded that Winston & find themselves a good lawyer for the (6) by striking ‘‘$743’’ in subsection (f) and inserting ‘‘$790’’; Strawn did not have such a program. If other activities in which they have (7) by striking ‘‘$937’’ in subsection (g) and they did not have such a program, that been engaged. inserting ‘‘$995’’; is malpractice. If they did have a pro- Mr. President, I suggest the absence (8) by striking ‘‘$1,087’’ in subsection (h) gram and avoided it, that is an ethical of a quorum. and inserting ‘‘$1,155’’;

VerDate Mar 15 2010 03:29 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S11872 CONGRESSIONAL RECORD — SENATE November 15, 2001

(9) by striking ‘‘$1,224’’ in subsection (i) (c) ADDITIONAL DIC FOR CHILDREN.—Sec- ability compensation. The manager’s amend- and inserting ‘‘$1,299’’; tion 1311(b) is amended by striking ‘‘$222’’ ment strikes the text of the House bill and (10) by striking ‘‘$2,036’’ in subsection (j) and inserting ‘‘$234’’. inserts the actual amount of the increased and inserting ‘‘$2,163’’; (d) AID AND ATTENDANCE ALLOWANCE.—Sec- rates. The percentage of the increase will be (11) in subsection (k)— tion 1311(c) is amended by striking ‘‘$222’’ the same percentage—2.6 percent—as Social (A) by striking ‘‘$76’’ both places it appears and inserting ‘‘$234’’. Security recipients will receive. There are no and inserting ‘‘$80’’; and (e) HOUSEBOUND RATE.—Section 1311(d) is other provisions contained in the bill as (B) by striking ‘‘$2,533’’ and ‘‘$3,553’’ and amended by striking ‘‘$107’’ and inserting amended. inserting ‘‘$2,691’’ and ‘‘$3,775’’, respectively; ‘‘$112’’. The bill (H. R. 2540), as amended, was (12) by striking ‘‘$2,533’’ in subsection (l) SEC. 6. DEPENDENCY AND INDEMNITY COM- read the third time and passed. and inserting ‘‘$2,691’’; PENSATION FOR CHILDREN. The title amendment (No. 2150) was (13) by striking ‘‘$2,794’’ in subsection (m) (a) DIC FOR ORPHAN CHILDREN.—Section and inserting ‘‘$2,969’’; 1313(a) is amended— agreed to, as follows: (14) by striking ‘‘$3,179’’ in subsection (n) (1) by striking ‘‘$373’’ in paragraph (1) and Amend the title so as to read ‘‘An Act to and inserting ‘‘$3,378’’; inserting ‘‘$397’’; amend title 38, United States Code, to pro- (15) by striking ‘‘$3,553’’ each place it ap- (2) by striking ‘‘$538’’ in paragraph (2) and vide a cost-of-living adjustment in the rates pears in subsections (o) and (p) and inserting inserting ‘‘$571’’; of disability compensation for veterans with ‘‘$3,775’’; (3) by striking ‘‘$699’’ in paragraph (3) and service-connected disabilities and the rates (16) by striking ‘‘$1,525’’ and ‘‘$2,271’’ in inserting ‘‘$742’’; and of dependency and indemnity compensation subsection (r) and inserting ‘‘$1,621’’ and (4) by striking ‘‘$699’’ and ‘‘$136’’ in para- for survivors of such veterans.’’. ‘‘$2,413’’, respectively; and graph (4) and inserting ‘‘$742’’ and ‘‘$143’’, re- Mr. REID. Mr. President, I suggest (17) by striking ‘‘$2,280’’ in subsection (s) spectively. and inserting ‘‘$2,422’’. the absence of a quorum. (b) SUPPLEMENTAL DIC FOR DISABLED The PRESIDENT pro tempore. The (b) SPECIAL RULE.—The Secretary of Vet- ADULT CHILDREN.—Section 1314 is amended— erans Affairs may authorize administra- (1) by striking ‘‘$222’’ in subsection (a) and clerk will call the roll. tively, consistent with the increases author- inserting ‘‘$234’’; The assistant legislative clerk pro- ized by this section, the rates of disability (2) by striking ‘‘$373’’ in subsection (b) and ceeded to call the roll. compensation payable to persons within the inserting ‘‘$397’’; and Mr. KOHL. Mr. President, I ask unan- purview of section 10 of Public Law 85–857 (3) by striking ‘‘$188’’ in subsection (c) and imous consent that the order for the who are not in receipt of compensation pay- inserting ‘‘$199’’. able pursuant to chapter 11 of title 38, United quorum call be rescinded. States Code. SEC. 7. EFFECTIVE DATE. The PRESIDENT pro tempore. With- SEC. 3. ADDITIONAL COMPENSATION FOR DE- The amendments made by this Act shall out objection, it is so ordered. take effect on December 1, 2001. PENDENTS. f Section 1115(1) is amended— Mr. ROCKEFELLER. Mr. President, (1) by striking ‘‘$117’’ in clause (A) and in- as chairman of the committee on Vet- AGRICULTURE, RURAL DEVELOP- serting ‘‘$124’’; erans’ Affairs, I am tremendously MENT, FOOD AND DRUG ADMIN- (2) by striking ‘‘$201’’ and ‘‘$61’’ in clause pleased to urge prompt, favorable Sen- ISTRATION, AND RELATED (B) and inserting ‘‘$213’’ and ‘‘$64’’, respec- ate action on the pending measure, leg- AGENCIES APPROPRIATIONS tively; ACT, 2002—CONFERENCE REPORT (3) by striking ‘‘$80’’ and ‘‘$61’’ in clause (C) islation that will provide a cost-of-liv- and inserting ‘‘$84’’ and ‘‘$64’’, respectively; ing adjustment to veterans’ compensa- The PRESIDENT pro tempore. Under (4) by striking ‘‘$95’’ in clause (D) and in- tion for next year. This measure in- the previous order, the Senate will now serting ‘‘$100’’; cludes the actual adjusted amounts as proceed to the consideration of the (5) by striking ‘‘$222’’ in clause (E) and in- calculated, based on the increase in the conference report accompanying H.R. serting ‘‘$234’’; and Consumer Price Index. I thank my col- 2330, which the clerk will report. (6) by striking ‘‘$186’’ in clause (F) and in- The assistant legislative clerk read serting ‘‘$196’’. league on the Veterans’ Affairs Com- as follows: SEC. 4. CLOTHING ALLOWANCE FOR CERTAIN mittee, Ranking Minority Member DISABLED VETERANS. Senator ARLEN SPECTER, for his dili- The committee on conference on the dis- Section 1162 is amended by striking ‘‘$546’’ gence and commitment to providing agreeing votes of the two Houses on the and inserting ‘‘$580’’. this important increase to well deserv- amendment of the Senate to the bill (H.R. SEC. 5. DEPENDENCY AND INDEMNITY COM- ing veterans. 2330), making appropriations for Agriculture, PENSATION FOR SURVIVING The Veterans’ Compensation Cost-of- Rural Development, Food and Drug Adminis- SPOUSES. Living Adjustment Act of 2001 directs tration, and related agency programs for the (a) NEW LAW RATES.—Section 1311(a) is fiscal year ending September 30, 2002, having amended— the Secretary of Veterans Affairs to in- met have agreed that the House recede from (1) by striking ‘‘$881’’ in paragraph (1) and crease, as of December 1, 2001, the rates its disagreement to the amendment of the inserting ‘‘$935’’; and of veterans’ disability compensation, Senate, and agree to the same with an (2) by striking ‘‘$191’’ in paragraph (2) and as well as compensation for eligible de- amendment, signed by a majority of the con- inserting ‘‘$202’’. pendents and surviving spouses. The ferees on the part of both Houses. (b) OLD LAW RATES.—The table in section 1311(a)(3) is amended to read as follows: legislation raises compensation by 2.6 (The report is printed in the House percent, the same percentage as the in- Proceedings of the RECORD of Novem- Monthly Monthly crease provided to Social Security re- ber 9, 2001, page H7962.) ‘‘Pay grade rate Pay grade rate cipients. The PRESIDENT pro tempore. Under E–1 ...... $935 W–4 ...... $1,119 It is particularly timely that we the previous order, there will be 60 E–2 ...... 935 O–1 ...... 988 move this legislation during the week E–3 ...... 935 O–2 ...... 1,021 minutes of debate on the conference re- E–4 ...... 935 O–3 ...... 1,092 of Veterans Day. Veterans and their port with the time to be equally di- E–5 ...... 935 O–4 ...... 1,155 families depend on the cost-of-living vided and controlled. E–6 ...... 935 O–5 ...... 1,272 increase to ensure that their well-de- E–7 ...... 967 O–6 ...... 1,433 The Senator from Wisconsin. E–8 ...... 1,021 O–7 ...... 1,549 served benefits not be eroded by infla- Mr. KOHL. Mr. President, I am E–9 ...... 1 1,066 O–8 ...... 1,699 tion. Veterans’ disability compensation pleased to bring to the Senate, the con- W–1 ..... 988 O–9 ...... 1,818 rates must keep pace with the increas- ference report on H.R. 2330, the Agri- W–2 ..... 1,028 O–10 ...... 2 1,994 W–3 ..... 1,058 ing cost of living. culture, Rural Development, Food and ‘‘1 If the veteran served as Sergeant Major of I urge all of my colleagues to support Drug, and Related Agencies Appropria- the Army, Senior Enlisted Advisor of the Navy, passage of this bill. Chief Master Sergeant of the Air Force, Ser- tions Act, 2002. The House approved geant Major of the Marine Corps, or Master Mr. President, I ask unanimous con- this measure day before yesterday, and Chief Petty Officer of the Coast Guard, at the sent that a summary of the legislation applicable time designated by section 1302 of we need to take swift action in the this title, the surviving spouse’s rate shall be be printed in the RECORD. Senate on final passage in order for the $1,149. There being no objection, the mate- ‘‘2 If the veteran served as Chairman or Vice President to sign this conference re- Chairman of the Joint Chiefs of Staff, Chief of rial was ordered to be printed in the port into law as soon as possible. Staff of the Army, Chief of Naval Operations, RECORD, as follows: Chief of Staff of the Air Force, Commandant of This conference report includes $75.8 the Marine Corps, or Commandant of the Coast SUMMARY OF S. 1088 billion in total spending for fiscal year Guard, at the applicable time designated by sec- tion 1302 of this title, the surviving spouse’s This bill contains the annual Cost-of-Liv- 2002. These funds will be used to sup- rate shall be $2,139.’’. ing Adjustment (COLA) to veterans dis- port programs and services of the

VerDate Mar 15 2010 03:29 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY November 15, 2001 CONGRESSIONAL RECORD — SENATE S11873 United States Department of Agri- Mr. COCHRAN. Mr. President, I sug- quality food to the American con- culture—except for the Forest Serv- gest the absence of a quorum. sumer. This legislation assists in that ice—the Food and Drug Administra- The PRESIDENT pro tempore. The important part of the American life- tion, and the Commodity Futures clerk will call the roll. style and the American economy. Trading Commission. Of this total, $16 The bill clerk proceeded to call the Also, as agriculture has dwindled, billion is discretionary spending, and roll. and especially in my State of Idaho this amount is within the subcommit- Mr. CRAIG. Mr. President, I ask where we have seen Federal policy and tee’s 302(b) allocation. unanimous consent the order for the national attitudes over the last two or As I have stated before, this is not quorum call be dispensed with. three decades that would suggest we simply an ‘‘agricultural’’ bill. This bill The PRESIDENT pro tempore. With- ought not log or we ought not mine or not only supports the rural sector, it out objection, it is so ordered. we ought not graze because somehow it supports all sectors. It supports fami- Under whose time does the Senator damages the environment, we have lies in the cities; it supports inspectors seek recognition? seen rural economies dwindle, unem- along our borders; it supports the Mr. CRAIG. Under that of the rank- ployment rise, and many of our rural availability of drugs and vaccines to ing minority member, Senator COCH- areas, which are farm and resource respond to the challenges of today and RAN. communities, in dire straits. whatever tomorrow may bring. I sup- The PRESIDENT pro tempore. From In this package is also a rural eco- port this conference report, and I hope Senator COCHRAN. Very well, the Sen- nomic development component that is all Senators will do the same. ator is recognized. increasingly important to rural Amer- Again, I thank Senator COCHRAN, Mr. CRAIG. Mr. President, I thank ica. As agriculture struggles, many of ranking member of this subcommittee, the chairman of the subcommittee, the other associated service industries, and his staff for their tireless and in- Senator KOHL, and Senator COCHRAN, and many of the industries that were dispensable help this year. I also thank for the tremendous cooperation they very typical in my State, have suffered my staff and all people who have have extended to me and Idaho agri- even more. Many of them have shut helped bring us to this final stage of culture as we have considered this very down. Over the last decade, and in part the appropriations process. important appropriations bill. I am because of the philosophy of the former The PRESIDENT pro tempore. Who pleased the conference report is now administration, we have seen an 80-per- seeks recognition? before us. cent decline in logging on public lands. Mr. COCHRAN. Mr. President, I yield We all know that agriculture over That has cost Idaho, and other States myself such time as I may consume. the last 4 or 5 years has had a very dif- like Idaho, tens of thousands of jobs. The PRESIDENT pro tempore. The ficult time, especially at the produc- As a result, unemployment in those Senator from Mississippi is recognized tion level, in finding a commodity with areas has grown to 12 percent and 14 for such time as he may consume. which the producer could break even or percent. Mr. COCHRAN. Mr. President, I am make a profit. That has certainly been Unemployment means people out of pleased today to join my friend from true in my State of Idaho. While that work. It means no food on the table. Wisconsin, Senator KOHL, to present has gone on, there have been opportu- Oftentimes it means fewer clothes for for the Senate’s approval the con- nities to improve the research capa- the children. It means strife within the ference report on H.R. 2330. This con- bility and certainly the conference re- family because of the economic cir- ference agreement provides total new port we have before us represents that. cumstances they are experiencing. To budget authority of $75.8 billion for the All of our Nation’s agricultural produc- be able to turn that around is part of programs and activities administered tion has historically benefited from my job. But it is also part of the job of by the United States Department of the Congress, to have sensitivity to- Agriculture, the Food and Drug Admin- Federal dollars that have flowed into research at our colleges and univer- ward economic development of the istration, and the Commodity Futures kind that is, in fact, represented here Trading Commission. These include sities that ultimately produce hybrid crops, better techniques, better con- as we strive to fund U.S. Forest Service programs that provide housing oppor- programs, USDA programs that will tunities for low and moderate-income servation, better use of water and soil. All of those things in combination benefit rural communities of the kind residents of rural America, that pro- that make up a very large part of my tect our Nation’s food supplies against make agriculture as great as it is in our country today. State. pests and diseases, assure the safety I thought it important and appro- and efficacy of drugs and medical prod- I am always amazed at the abun- dance we have produced as a result of a priate this morning that I come to the ucts, and provide nutrition assistance floor to thank the chairman, Senator for America’s children and working private-State-Federal partnership. It can at times be a problem, too, and KOHL, and the ranking member, Sen- families. ator COCHRAN, for the cooperation and This is the seventh conference report that explains part of where we are today. With phenomenal abundance the sensitivity they have shown. Cer- of the 13 regular fiscal year 2002 appro- tainly, the chairman of the full com- priations bills to be presented to the and availability of commodities, com- modity prices in the last several years mittee, who is now the Presiding Offi- Senate this year for approval. This cer here in the Senate, has always had conference agreement has been ap- have been at about their all-time lows in relation to the cost of production. an eye to rural America. I appreciate proved by the House of Representatives that because his State of West Virginia by a substantial vote in that body, and As a result of that, certainly this ap- propriating subcommittee and the au- is much like mine. It is built on re- Senate passage of the conference report sources. It is built on mining. It is today would be the final step necessary thorizing Committee of Agriculture here in the Senate, along with the built on the rural lifestyle. to send this bill to the President for his That has been and remains a major House of Representatives, has made signature. I am hopeful the Senate will part of the American economy. This every effort to assure that production approve the conference report and give bill represents that sensitivity, and I agriculture at least had a safety net so our committee a vote of confidence in thank them for that. our efforts to resolve successfully the we would not lose this valuable part of I yield the floor. differences that existed between the the American economy. The PRESIDENT pro tempore. Who Senate and House-passed bills. I know our consumers oftentimes seeks recognition? We think we defended the Senate’s take for granted when they go to the Mr. KOHL. Mr. President, I suggest interests aggressively, and we worked supermarket, and go to the food shelf the absence of a quorum. out a compromise that will serve the in that supermarket, finding such an The PRESIDENT pro tempore. The interests not only of the two bodies but abundance at such a low price. They of- clerk will call the roll. of the American people as well. tentimes assume it is always going to The assistant legislative clerk pro- Mr. President, I reserve the remain- be there. Very seldom do we have the ceeded to call the roll. der of our time. ability to look behind at the thousands Mr. BYRD. Mr. President, I ask unan- The PRESIDENT pro tempore. Who and thousands of American producers imous consent that the order for the seeks recognition? Time is running. and processors that provide that high- quorum call be rescinded.

VerDate Mar 15 2010 03:29 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S11874 CONGRESSIONAL RECORD — SENATE November 15, 2001 The PRESIDING OFFICER (Mr. underlying statutes that provide au- spectors to service the backlog of ani- KOHL). Without objection, it is so or- thority to agencies under the jurisdic- mal care investigations. I would like to dered. tion of this conference report on the mention that the conference com- Mr. BYRD. Mr. President, I thank subject of animal treatment. They are mittee became aware of reported viola- the Chair. the Animal Welfare Act and the Hu- tions of the Animal Welfare Act re- How much time do I have, Mr. Presi- mane Slaughter Act. garding treatment of polar bears by a dent? The Animal Welfare Act was first au- traveling circus, and Statement of The PRESIDING OFFICER. Senator thorized by Public Law 89–544, the Act Managers language is included direct- BYRD has up to 20 minutes. of August 24, 1966, and is today carried ing the agency to investigate this mat- Mr. BYRD. Mr. President, I thank out by USDA’s Animal and Plant ter, take appropriate action, and report the Chair, Senator KOHL, who is also Health Inspection Service (APHIS). to the Appropriations Committee. chairman of the agriculture appropria- The primary purpose of this Act was to Earlier this year, news accounts de- tions subcommittee. I thank him for authorize the Secretary of Agriculture scribed incidents in meat slaughter- his good work on behalf of the people of to regulate the transportation, sale, houses which were atrocious—atro- his State, for his good work on behalf and handling of dogs, cats, and certain cious—violations of the Humane of the people of my State, and for his other animals intended to be used for Slaughter Act. As part of the $2.5 mil- good work on behalf of the people of purposes of research or experimen- lion amendment that I sponsored in the Nation. He is an apt student of pub- tation, and for other purposes. Think this year’s supplemental, an enhanced lic service and of the legislative proc- of the service that those animals program of oversight within the agency ess. He is one of my favorites. When I render to mankind. And they don’t do has been initiated to ensure better en- speak in that term, I think of the legis- it without a sacrifice to themselves. forcement of this act. Last month, the lative process and I think of this insti- Today, in addition, this act is used to U.S. Department of Agriculture an- tution, the Senate. regulate individual dog breeders and nounced that it had begun this new ini- I also thank Senator COCHRAN, who is handlers and larger operations such as tiative—using both funds provided by the ranking member of the sub- circuses and zoos around the nation. the supplemental and other Depart- committee. I thank him for his service The Humane Slaughter Act was mental funds—and had placed addi- to the Nation and to his people and to originally passed in 1958, and requires tional FSIS personnel in field district my people—to our people. Senator that animals be rendered insensitive to offices to work closely with plant in- COCHRAN likewise does good work for pain before they are killed in a slaugh- spectors and veterinarians. the Nation and for the committee. He terhouse. This Act is today carried out These individuals, who will be offi- is a very able member of the Appro- by USDA’s Food Safety Inspection cially known as ‘‘Humane Handling priations Committee. Service, FSIS. Verification Experts and Liaisons’’— This conference report includes $75.8 For a number of years, the level of let me repeat, these individuals, who billion in total spending for fiscal year funding at APHIS for inspections and will be officially known as ‘‘Humane 2002. This amount is $3 million below enforcement of the Animal Welfare Act Handling Verification Experts and Li- the level passed by the Senate. Of the had been held stagnant. More recently, aisons’’—will work to tighten up en- total amount provided, $16.0 billion is this Congress has been able to provide forcement and oversight of the Humane discretionary spending, and this significant increases for these activi- Slaughter Act. amount is within the subcommittee’s ties, including $2.5 million provided 302(b) allocation. This conference does through an amendment I offered in the We are talking about animals. I am not include one cent—not one copper supplemental appropriations bill that not one of those who claim that man is penny—of emergency spending. was signed into law on July 20, 2001. an animal. Man was created a little This conference report supports pro- In this conference report, additional lower than the angels but above the grams related to agricultural research, increases are provided for these pur- beasts of the field. Read the Scriptures. conservation, rural development, pro- poses. In this conference report that we Read Milton’s ‘‘Paradise Lost.’’ Yes, motion of international trade, and are debating today, I say, additional the animals serve us every day in ways many other traditional programs for increases are provided for these pur- that we do not tend to remember. They which the agriculture bill has become poses. serve us. But for the animals, mankind so well known. This conference report This conference report includes an would not exist upon the Earth, in all also supports domestic food programs increase of $2.4 million above the Presi- likelihood. Oh, you say, he might be- such as Food Stamps and the Women, dent’s request for animal welfare in- come a vegetarian, but what about the Infants, and Children, WIC, program, as spections and the conferees have di- beasts of burden? The righteous man well as the other food safety and public rected the agency to hire additional in- looks to the welfare of his beast. So, I health programs of the Food and Drug spectors and support staff to increase intend to watch this initiative. You Administration and other agencies. the overall number of inspections, and can bet on it. I intend to watch this The programs supported by this con- to conduct more repeat inspections of initiative with keen interest and will ference report serve the most basic of facilities found to be in noncompliance look forward to making sure that re- needs of the American people in nearly with the act. Let’s go back and look at sources are continually provided to every facet of their lives. them again, if they are not complying make it an effective tool to stop inhu- On September 11—another day that with the act. This year’s appropriation mane treatment of animals. will always live in history, a date that of $15,167,000—in addition to funds I guess my little dog Billy has had a will not be a footnote in the annals of made available in the supplemental— great deal to do with my attitude to- mankind—the American people were represents an increase of 60 percent ward animals. He has a little sister reminded of the importance of pro- since fiscal year 1999. So, at last, we named Bonnie. Billy Byrd is 15 years grams related to public health, food are paying more attention—and we old. But if there is a creature on this supply, and food safety. These pro- ought to pay more attention—to these Earth that is absolutely and forever grams have long been a part of the Ag- animals and to the enforcement of the unfailingly loyal and dedicated to me— riculture Appropriations bill, and they law in regard to their slaughter. and there is—it is my little dog Billy, are continued, and strengthened, by Increased inspections are logically that Maltese terrier. He is an animal, this bill. followed by increased demand for in- but he feels pain. He must understand I am particularly pleased that the vestigations and enforcement. This affection and love because he gives it conference report contains a number of conference report includes an increase to me and he gives it to Erma; and I provisions related to the treatment of of $1,852,000—that is in addition to give it and she gives it in return. animals—those creatures that cannot funds made available in the supple- Yes, never does he let me leave the speak for themselves, those creatures mental—for APHIS investigation and door for work that he does not follow without which mankind would perish. enforcement activities. In addition, me to the last step. That is an animal. We should think of them, and we do Statement of Managers language di- We are talking about animals that are think of them. There are two principle rects the agency to hire additional in- slaughtered for the food that graces

VerDate Mar 15 2010 03:29 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY November 15, 2001 CONGRESSIONAL RECORD — SENATE S11875 the table of men and women and chil- CONFERENCE REPORT TO H.R. 2330, THE AGRICULTURE, keep the canned goods and other items dren around the world—animals that RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRA- of food available for families who are we should treat humanely. TION, AND RELATED AGENCIES APPROPRIATIONS ACT, struggling. Mr. President, again I want to con- 2002, SPENDING COMPARISONS—CONFERENCE RE- Bob came to tell me this morning gratulate the chairman and the rank- PORT—Continued that the challenge facing food banks ing member of the Agriculture Appro- [In millions of dollars] across America and feeding programs is priations Subcommittee for a job well growing geometrically; 415,000 Ameri- OHL General done. Well done, Senator K . Well purpose Mandatory Total cans lost their jobs last month. Many done, Senator COCHRAN. I also thank of them lost jobs that don’t qualify for all members of the subcommittee for Outlays ...... 16,282 33,847 50,129 Senate 302(b) allocation: 1 unemployment insurance, and they are their contributions to this final prod- Budget Authority ...... 16,018 43,112 59,130 struggling to feed their children. uct. I thank the members of the staff Outlays ...... 16,282 33,847 50,129 In this land of prosperity, children President’s request: on both sides of the aisle, without Budget Authority ...... 15,399 43,112 58,511 are going hungry and the numbers whom, where would we find ourselves. I Outlays ...... 15,789 33,847 49,636 grow by the day. This bill, with its pro- House-passed: thank them. I support this conference Budget Authority ...... 15,668 43,112 58,780 vision for WIC, for mothers, infants, report, and I hope that all Senators Outlays ...... 16,044 33,847 49,891 and small children, as well as the pro- Senate-passed: will do the same. Budget Authority ...... 16,137 43,112 59,249 vision for food stamps, addresses that. Mr. President, I thank the Chair and Outlays ...... 16,118 33,847 49,965 We ought to be mindful of the need to I yield the floor. CONFERENCE REPORT watch this closely. More money prob- Mr. CONRAD. Mr. President, I rise to COMPARED TO: ably will be needed before the end of Senate 302(b) allocation: 1 offer for the record the Budget Com- Budget Authority...... 0 0 0 the next fiscal year. mittee’s official scoring of the con- Outlays ...... 0 0 0 There is an important element in President’s request: ference report to H.R. 2330, the Agri- Budget Authority ...... 619 0 619 this bill about food safety. I salute culture, Rural Development, Food and Outlays ...... 493 0 493 Senator BYRD, who stood here yester- House-passed: Drug Administration, and Related Budget Authority ...... 350 0 350 day and said: Let us put money into Agencies Appropriations Act for Fiscal Outlays ...... 238 0 238 food security at a time when American Senate-passed: Year 2002. Budget Authority ...... ¥119 0 ¥119 families are worried about bioter- The conference report provides Outlays ...... 164 0 164 rorism. We lost because colleagues $16.018 billion in discretionary budget 1 For enforcement purposes, the budget committee compares the con- from the other side of the aisle said authority, which will result in new ference report to the revised Senate 302(b) allocation. this is not an emergency. We know bet- outlays in 2002 of $12.038 billion. When Notes.—Details may not add to totals due to rounding. Totals adjusted for consistency with scorekeeping conventions. ter. America knows better. outlays from prior-year budget author- This bill, which funds the Food and ity are taken into account, discre- Mr. DURBIN addressed the Chair. Drug Administration and the U.S. De- tionary outlays for the report total The PRESIDING OFFICER (Mr. NEL- partment of Agriculture to make cer- $16.282 billion in 2002. By comparison, SON of Florida). Who yields time to the tain that our food is safe, provides the Senate-passed version of the bill Senator from Illinois? funds, but the bill offered by Senator provided $16.137 billion in discretionary Mr. BYRD. Mr. President, how much BYRD would have given the additional budget authority, which would have re- time do I have remaining? resources needed for more inspectors, sulted in $16.118 billion in total out- The PRESIDING OFFICER. Three better inspection, better peace of mind lays. The conference report is at its re- and a half minutes. for people all across America. That bill vised Section 302(b) allocation for Mr. BYRD. I yield the 31⁄2 minutes to was defeated. I hope we have a chance budget authority and outlays. The con- the distinguished Senator from Illinois. to debate that again. ferees have met their target without Mr. DURBIN. I thank the Senator What happened yesterday really the use of any emergency designations. from West Virginia. First, I congratu- turned this Chamber on its head. We I commend Senators KOHL and COCH- late him on his excellent remarks. All are supposed to listen to the people we RAN for working together in a bipar- of us who have owned pets and have de- represent. We are supposed to speak for tisan manner with their House coun- veloped a friendship and affection for them and advocate for them. What terparts to complete in an expedited them can certainly identify with his Senator BYRD came forward with yes- manner the conference to this very im- kind words about his beloved Billy terday was spending so that we could portant piece of legislation, which pro- Byrd and Billy Byrd’s sister Bonnie. I produce vaccines to prepare America vides funding for agriculture, conserva- say to Senator BYRD, I was not aware for a possible bioterrorist attack. Some tion, rural development, and domestic your dog had a sister. I am glad that have said: There the Democrats go food programs. I also commend Chair- has been reported formally in the CON- again, spending money right and left man BYRD and Senator STEVENS, as GRESSIONAL RECORD. on porkbarrel. Vaccines to immunize well as House Chairman YOUNG and I also congratulate Senator KOHL be- our children and families in case of a Ranking Member OBEY on the signifi- cause he has worked hard on the Agri- bioterrorist attack is not porkbarrel or cant progress made by the two appro- culture appropriations bill that is be- wasteful. It is prudent and thoughtful. priations committees over the last cou- fore us. I am happy to serve on the sub- I thank Senator BYRD for his leader- ple of weeks in completing the 2002 ap- committee. I know the hours that have ship on that. propriations bill. been put in by the Senator and his Putting money into law enforcement: Mr. President, I ask unanimous con- staff. We tried yesterday so that across Illi- sent that a table displaying the budget Let me highlight two aspects of this nois and West Virginia and Wisconsin committee scoring of this bill be print- bill that we ought to keep in mind. It and across the Nation, our first re- ed in the RECORD. is known as the Agriculture appropria- sponders, whether police or fire- There being no objection, the mate- tions bill, but it is so much more. fighters, will have the resources to re- rial was ordered to be printed in the As important as agriculture is to spond to an act of terrorism. RECORD, as follows: America, this bill contains as much Modernization for computers: The money or more for nutrition and feed- Senator from West Virginia may be CONFERENCE REPORT TO H.R. 2330, THE AGRICULTURE, ing as it does for agricultural pro- stunned to learn, as I did recently, that RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRA- grams. a new FBI agent told me their com- TION, AND RELATED AGENCIES APPROPRIATIONS ACT, This morning a man by the name of puter system at the FBI does not have 2002, SPENDING COMPARISONS—CONFERENCE RE- Robert Forney came to my office. Bob e-mail, nor does it have access to the PORT is an old friend. He was head of the Chi- Internet. That is the computer system [In millions of dollars] cago Stock Exchange. When he retired of the premier law enforcement agency last year, Bob Forney became the CEO in America. General Mandatory Total purpose of a program known as Second Harvest. Senator BYRD put resources in that Conference report: Second Harvest is the largest emer- bill to modernize computers at the FBI Budget Authority ...... 16,018 43,112 59,130 gency food provider in America. They and other important law enforcement

VerDate Mar 15 2010 03:29 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S11876 CONGRESSIONAL RECORD — SENATE November 15, 2001 agencies. The Republicans voted process—and funding priorities in stark gram on these appropriations bills. We against it, saying it was not an emer- discord with that of the administra- need to weed out this outrageous dis- gency. tion. pensation of American tax dollars. The PRESIDING OFFICER. The Sen- Many of my colleagues have spoken I want to speak briefly about one of ator’s time has expired. before the Senate about the economic the concealed provisions slipped into Mr. DURBIN. I thank the Chair. struggle of America’s farmers. Com- the managers’ amendment just before The PRESIDING OFFICER. The Sen- mon sense would dictate that this bill the Senate passed this bill. This provi- ator from Arizona. be directed towards supporting those sion effectively bans all imports of Vi- Mr. BYRD. Will the Senator yield 30 Federal programs that most benefit etnamese catfish into the United seconds? farmers in need. Instead, special inter- States. The sly wording of this meas- Mr. MCCAIN. I am always happy to ests reign and millions of taxpayers’ ure doesn’t mention Vietnam at all. yield to the Senator from West Vir- dollars are diverted to funding research But it does patently violate our solemn ginia. facilities, universities, and farming trade agreement with Vietnam, before Mr. BYRD. I thank the Senator. conglomerates. the Vietnamese National Assembly has I thank Senator DURBIN, the very dis- Even emergency dollars provided by even ratified that agreement. The ink tinguished and able Senator from Illi- Congress for farmers do not reach in- isn’t even dry yet, and we are violating nois, for his kind remarks and for his tended beneficiaries. This porkbarrel that. Why? No doubt it was inserted on references to the amendment of yester- bonanza includes millions for projects behalf of several large, wealthy U.S. day. We will be back. that administrations have proposed for agribusinesses that will handsomely I again thank the distinguished Sen- elimination year after year. Yet gen- profit by killing competition from Vi- ator who yielded me the time. erous benefactors on the Appropria- etnamese catfish imports. Mr. MCCAIN. I thank the Senator. tions Committee keep the spigot open Whether you are a free trader or an Mr. President, the Agriculture appro- and continue to drain dollars from opponent of harmful special interest priations bill is fundamental to the Na- hard-working taxpayers. riders hidden in big spending bills, you tion’s agricultural economy and sup- This method of budget monopoliza- can’t help but find this sort of behavior ports foreign and domestic food pro- tion is ricocheting out of control. Let’s to be a scandalous abrogation of our grams. Unfortunately, porkbarrel in- take a look at the top 10 porkbarrel duty to the national interest. After terests also received remarkable sup- earmarks in this final Agriculture ap- preaching for years to the Vietnamese port in this final conference report. propriations bill. about the need to get government out While this final conference report in- No. 10, $2.2 million for the Center for of the business of micromanaging their cludes less porkbarrel spending than Cool and Cold Water Aquaculture in economy, we have sadly implicated the Senate bill passed just a couple Leetown, WV. I come from a pretty hot ourselves in the very sin our trade pol- weeks ago, it still includes $335 million State. It is starting to cool off now. icy claims to reject. I will work with in wasteful, unnecessary, and Maybe we could get some of that Senators KERRY, PHIL GRAMM, and oth- unreviewed spending which is $30 mil- money out in Arizona for cool and cold ers to see that this offensive trade bar- lion more than the amount included in water aquaculture rather than have it rier doesn’t stand. We have a great responsibility to the final report passed last year. all be devoted to Leetown, WV. American citizens. I urge my col- Every single appropriations bill we No. 9, $600,000 for a tristate joint pea- leagues to exercise greater prudence have passed so far has an increase in nut research project in Alabama. Natu- porkbarrel spending over last year. We and principle in this responsibility. rally it is in Alabama, but it is tri- Mr. President, I have an article from are now up to $9.6 billion of wasted, un- state. necessary programs. the Wall Street Journal of yesterday, No. 8, $600,000 for agricultural waste and I also have an article from the While the Senator from Wisconsin is utilization in West Virginia. Nowhere on the floor, I saw one of the more Washington Post of today. I ask unani- else in America—$600,000 for agricul- mous consent that both of those arti- egregious things happen the other tural waste utilization in West Vir- night when there was a managers’ cles be printed in the RECORD. ginia. I guess agricultural waste needs There being no objection, the articles package which had 35 provisions in it. to be utilized more importantly in were ordered to be printed in the When we were about to vote on it, I West Virginia than any other part of RECORD, as follows: asked: Does anybody here know what is America. [From the Wall Street Journal, Nov. 14, 2001] in this package? No one did. No. 7, Increase of $750,000 for the Wis- We found out what was in it. What ADD-ON SPENDING PROJECTS ARE ON COURSE consin Livestock Identification Con- TO EXCEED THOSE OF LAST ADMINISTRATION was in it was a violation of a trade sortium. We now have a consortium in (By David Rogers) agreement we just concluded with Wisconsin to identify livestock. WASHINGTON.—After tough talk last spring, Vietnam. We found 15 porkbarrel No. 6, $2 million to pay for efficient the White House appears to be retreating projects identified by State for mem- irrigation in New Mexico and Texas— from its vow to stem the tide of year-end bers of the appropriations sub- efficient irrigation in New Mexico and spending projects added by Congress to an- committee. I tell the Senator from Texas. nual appropriations bills. Wisconsin, I will not allow a vote again No. 5, $100,000 for the Trees Forever Soon after taking office, the administra- until the managers’ package is exam- Program in Illinois. Trees Forever. I tion proposed to write off billions of dollars ined. That was an egregious act that in existing pork-barrel projects as ‘‘one- have mentioned on the floor, I would time’’ expenditures. But as the legislative was done by the Senate. My constitu- like to see a cactus forever program. session draws to a close just the opposite is ents deserve a lot better than what Perhaps the appropriators might de- the case, and the number of so-called spend- happened the other night with a man- vote that to my State of Arizona. ing earmarks by lawmakers may actually be agers’ package which was brought up No. 4, $200,000 for the Iowa Soybean growing. late in the evening. No one had seen it. Association. Last I checked, the Iowa Congress yesterday sent President Bush a When we found out, it was certainly Soybean Association was a private or- $112.7 billion appropriations bill estimated to have close to 1,400 earmarks attached to something that I never would have al- ganization composed of individuals science, veterans, housing and environ- lowed to pass. who decided to join in this association mental programs. The list of projects in a When the Senate considered and in support of soybeans. Now we are single account in the Department of Housing passed the Agriculture spending bill a going to give them $200,000. and Urban Development consumed 10 pages couple weeks ago, the typical No. 3, $4.5 million for the U.S. Vege- of the Congressional Record, and space- porkbarrel trickery reached unprece- table Laboratory in Charleston, SC. science programs increasingly have become a dented levels. Midnight legislative rid- No. 2, $230,000 for animal waste man- conduit for grants to home state univer- ers were covertly slipped in unseen by agement in Oklahoma. sities. The action came as House and Senate ne- a majority of the Senate. Erroneous No. 1, $100,000 for the Weed It Now gotiators approved a $75.9 billion agriculture earmarks for special interest projects initiative in Massachusetts, New York, budget adding scores of research projects were tacked on—again, unseen and cir- and Connecticut. Weed It Now. Mr. along with an amendment to help U.S. cat- cumventing the normal committee President, we need a Weed It Now pro- fish growers fight off imports from Vietnam.

VerDate Mar 15 2010 03:29 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY November 15, 2001 CONGRESSIONAL RECORD — SENATE S11877 Hours later, still more earmarks were ap- billion for the purpose—have done little so Sept. 11 attacks—they have been reluctant proved as part of a final $39.3 billion Com- far to curb congressional appetites for court- to do so at the expense of pet projects back merce, Justice, and State Department budg- houses, highways, dams, parks and other home. et that adds money for maritime loan sub- purely parochial items. According to con- During a House-Senate conference on the sidies that the White House wants to termi- gressional aides, the number of such ‘‘ear- energy and water bill Oct. 26, for example, nate. marks’’ in this year’s crop of spending bills Rep. Chet Edwards (D–Tex.) offered an The administration has raised objections, is likely to approach or even exceed last amendment that would have added $131 mil- but nothing like this week’s veto threat over year’s record number, which was estimated lion to an Energy Department program to how much Congress can spend in response to by the White House budget office at 6,400 (a help Russia safeguard its nuclear materials. the terrorist attacks. For example, in a re- threefold increase from 1995). He was responding, in part, to a January cent five-page letter to negotiators on the Many of the earmarks, as in previous warning by a department task force—chaired HUD and science bill, the issue of earmarks years, reflect political clout more than na- by former Senate Republican leader Howard was almost the last issue raised by Budget tional need. Money is flowing disproportion- H. Baker Jr. (Tenn.) and former White House Director Mitchell Daniels Jr. His Deputy, ately to the districts of appropriations com- counsel Lloyd Cutler—that lax nuclear secu- Sean O’Keefe, insisted yesterday that mittee members and congressional leaders— rity in Russia was ‘‘the most urgent unmet progress is being made incrementally, but on including self-described fiscal conservatives national security threat to the United States a bipartisan basis, House Appropriations such as Senate Minority Leader Trent Lott, today.’’ But conferees rejected Edwards’s proposal staff say the administration has been little who secured millions for projects in his home to shift the money from a program to refur- help in curbing the more earmark-prone Sen- state of Mississippi. bish nuclear warheads in the U.S. arsenal. ate. ‘‘We haven’t heard a peep,’’ said James ‘‘These legislative hijinks are bad enough Nor did they consider taking funds from hun- Dyer, chief clerk to the House Appropria- in peacetime,’’ Sen. John McCain (R-Ariz.) dreds of local water projects or other ear- tions panel. told the Senate last week, after noting Last spring, the tone was very different, as marks, such as the atomic history museum. acidly that on Sept. 13, while the Pentagon ‘‘That’s a very fair question to ask,’’ the Office of Management and Budget tallied and the World Trade Center ‘‘still smol- Edwards said when queried about why he did up more than 6,000 earmarks costing $15 bil- dered,’’ the Senate approved $2 million for not suggest the option. lion in the last appropriations bills approved the Oregon Groundfish Outreach Program. Edwards said that while he would have by the departing Clinton administration. In ‘‘America is at war. . . . Congress should been open to an across-the-board cut in trying to make room for its own initiatives— grow up and stop treating the domestic water projects to fund the nonproliferation including the president’s tax cut—OMB as- budget as a political Toys R Us.’’ program, ‘‘it is politically very difficult’’ to sumed cuts of $8 billion from such earmarks There is no shortage of examples: $510,000 eliminate individual earmarks—some of and other ‘‘one time’’ expenditures. Failure for a chapel at Kaneohe Bay Marine Corps which, he acknowledged, he sought on behalf to enforce this budget discipline, now, could Base in Hawaii; $100,000 to study the feasi- of his own constituents. come back to haunt the administration, bility of converting a building in Martins- The $1 million earmark to pay for exhibits which faces the prospect of rising costs be- burg, W. Va., to a museum for Army arti- at the Atomic Testing History Institute was cause of terrorist strikes and a troubled facts; $70,000 to refurbish a bird observatory added by Sen. Harry M. Reid (D-Nev.), the economy. in Montgomery County, Pa.; $500,000 for the assistant majority leader, who chairs the en- The revised agriculture budget yesterday Montana Sheep Institute. ergy and water panel of the Appropriations is a first sign of these pressures. As unem- ‘‘Pork thrives in good times and bad Committee. Reid’s hand is evident through- ployment has risen, so has the projected times,’’ said Allen Schick, a congressional out the final bill, which adds 50 Nevada-spe- caseload next year for federal nutrition pro- expert at the Brookings Institution. He cific items worth $146 million to Bush’s grams, and lawmakers had to add $211 mil- added, ‘‘the problem is not the individual original budget request. lion to Mr. Bush’s request to pay these bills. project, but the cumulative effect. . . . When According to a spokesman, Reid strongly All of this comes at a time of increasingly you add up the total, it just blows your supports the Energy Department’s non- bitter relations between the Appropriations mind.’’ proliferation efforts but objects to shifting and OMB. Mr. Daniels is blamed by law- Earmarks do not automatically swell the funds for the purpose ‘‘at the eleventh hour.’’ makers in both parties for precipitating the federal budget, because in some cases they The spokesman, Nathan Naylor, said it was veto clash this week with Mr. Bush. In a merely direct government agencies to spend not surprising that a bill to fund nuclear ‘‘Dear Mitch’’ letter, House Appropriations money for specific purposes within the limits programs would steer a lot of money to Ne- Chairman Bill Young (R., Fla.) and Wis- of available funds. But many of this year’s vada, given the state’s central role in nu- consin Rep. David Obey, the ranking Demo- items were added on top of President Bush’s clear testing. crat, asked that OMB freeze all spending and budget request, sometimes in House-Senate Naylor said the atomic history museum transfers from an emergency fund until there conferences where they received little scru- would ‘‘chronicle the historic sacrifice that is more consultation with the panel. tiny. Successive administrations have in- Nevada has made for the country during the sisted that such choices are better left to Cold War,’’ when some of its residents were poisoned by radiation from above-ground [From the Washington Post, Nov. 15, 2001] federal agencies, complaining that earmarks tests in the 1950s. ‘‘This is part of our his- IN CONGRESS, PORK STAYS ON MENU create upward pressure on the budget by tory, and if this is what it costs to protect crowding out more important needs. PET PROJECTS SOMETIMES AT ODDS WITH NEW that legacy, so be it,’’ he said. Members of the appropriations commit- SPENDING DEMANDS Reid is hardly alone in using his leadership (By John Lancaster and Dan Morgan) tees—who note that the Constitution grants post to channel federal resources to the folks Congress authority over spending—say they Last month, lawmakers rejected a proposal back home. can judge local needs better than federal bu- to add $131 million to a program that helps Lott, for example, has joined the Bush ad- reaucrats because they have their ears to the Russia keep track of its nuclear stockpile. ministration in opposing additional spending ground back home. It’s not that they didn’t like the idea: After for homeland defense, the military and New Several congressional aides defended this Sept. 11, almost everyone in Congress agrees York City in a pending supplemental appro- year’s earmarks, observing that spending on the need to do more to stop terrorists priations bill. ‘‘He’s concerned about spend- legislation was largely drafted—and in some from acquiring nuclear bombs. ing just spiraling completely out of control,’’ cases voted on by one or both chambers—be- But House and Senate negotiators meeting Lott told reporters last week. ‘‘And I share fore Sept. 11. They also noted that, whatever to decide the final shape of a $24.6 billion that concern.’’ the particulars of individual bills, spending spending bill covering the nation’s nuclear But even as Lott was making that com- is on track to stay within the overall budget and water programs could not find room for ment, the Senate was giving final approval ceiling of $686 billion negotiated by the Bush the increase. to a spending bill that included $10 million They had other priorities, including: administration and congressional leaders for the Stennis Space Center in Bay St. A museum at the Atomic Testing History last month. Louis, Miss.; $50,000 for a street extension Institute in Las Vegas ($1 million); There is little question, however, that the that will ‘‘link cultural and entertainment Aquatic-weed removal in the Lavaca and fat surplus projections of recent years, now districts’’ in Jackson, Miss.; $500,000 for Navidad rivers in Texas ($350,000). fading into memory, have eased pressure on Lott’s alma mater, the University of Mis- A study of erosion on Waikiki Beach in Ha- Congress to show restraint. White House sissippi; and more than $1 million for water waii ($350,000). budget director Mitchell E. Daniels Jr. has systems in Jackson and Picayune, Miss. Targeting funds for specific projects at the all but abandoned the quest he launched ear- In a similar vein, Rep. Jerry Lewis (R- request of individual lawmakers is a time- lier this year to contain the practice of ear- Calif) used his power as chairman of the Ap- honored ritual on Capital Hill, and this year marking. ‘‘To be honest, the appropriators propriations defense subcommittee to steer a is no exception. But as Congress completes weren’t that receptive,’’ an administration $10 million grant to the city of San work on 13 annual spending bills, its busi- official said. Bernardino, in his district, to clean up the ness-as-usual approach to managing the fed- Despite broad bipartisan agreement on the underground water supply. The bill would di- eral budget is colliding with the new de- need to spend more to fight terrorism—law- rect the Army to clean up radioactive waste mands of fighting terrorism. makers have tried without success to per- at a site in the district of Rep. John P. Mur- The soaring costs of responding to the at- suade the White House to lift the $40 billion tha (Pa.), the ranking Democrat on the tacks—Congress has already approved $40 ceiling on emergency spending related to the panel.

VerDate Mar 15 2010 03:29 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S11878 CONGRESSIONAL RECORD — SENATE November 15, 2001 Senate appropriators, meanwhile, used the The PRESIDING OFFICER. The vote DEPARTMENTS OF COMMERCE, $10.5 billion military construction bill, will begin when all time is yielded JUSTICE, AND STATE, THE JUDI- signed by the president on Nov. 5, to speed up back. CIARY, AND RELATED AGENCIES stalled environmental projects in their states and districts. For example, the report Mr. REID. How much time is out- APPROPRIATIONS ACT, 2002—CON- attached to the enacted bill gives the Pen- standing? FERENCE REPORT tagon 90 days to submit a master plan for The PRESIDING OFFICER. There The PRESIDING OFFICER. Under ‘‘environmental remediation’’ of Hunters are approximately 4 minutes on each the previous order, the Senate will now Point Naval Shipyard in San Francisco, side. proceed to the consideration of the home town of the chairman of the military conference report to accompany H.R. construction panel in the Senate, Dianne Mr. KOHL. Mr. President, I yield Feinstein (D). back the remainder of the time on our 2500, which the clerk will report. According to a Senate study, the nine side. The legislative clerk read as follows: states that will receive the most earmarked The PRESIDING OFFICER. The time The committee of conference on the dis- military construction money are represented is yielded back. agreeing votes of the two Houses on the by senior members of the defense or military amendment of the Senate to the bill (H.R. construction panels, or the two armed serv- Mr. REID. Mr. President, upon the 2500), ‘‘making appropriations for the De- ices committees. advice of the Republican staff, I yield partments of Commerce, Justice, and State, To pay for earmarked projects while stay- back their time. the Judiciary, and related agencies for the ing within a $10.5 billion ceiling established The PRESIDING OFFICER. All time fiscal year ending September 30, 2002, and for by the appropriations committees, House is yielded back. other purposes,’’ having met have agreed and Senate conferees adopted a 1.127 percent that the House recede from its disagreement across-the-board cut in regular military con- Mr. KOHL. Mr. President, I ask for to the amendment of the Senate, and agree struction accounts. the yeas and nays. to the same with an amendment, signed by Mr. MCCAIN. Mr. President, I am The PRESIDING OFFICER. Is there a all of the conferees on the part of both against what is going on here. In a sufficient second? Houses. time of war, some have called it ‘‘war There is a sufficient second. (The report is printed in the House profiteering.’’ I think it is wrong. We The question is on agreeing to the proceedings of the RECORD of November are abrogating our responsibilities to conference report. 9, 2001 page H7986.) the American people. I also think it is The clerk will call the roll. The PRESIDING OFFICER (Mrs. CARNAHAN). Under the previous order, time the administration step in and The senior assistant bill clerk called there are 45 minutes for debate of the President veto some of these bills the roll. which Senator HOLLINGS, Senator with these outrageous spending Mr. REID. I announce that the Sen- projects in them. GREGG, and Senator MCCAIN have 15 ator from New Jersey (Mr. TORRICELLI) minutes each. I yield the floor. is necessarily absent. The PRESIDING OFFICER. Who Who yields time? yields time? The Senator from Nevada. The PRESIDING OFFICER. Are there Mr. HOLLINGS. Madam President, I Mr. REID. Mr. President, I ask unan- any other Senators in the Chamber de- yield myself such time as is necessary. imous consent that the time run equal- siring to vote? The PRESIDING OFFICER. The Sen- ly on both sides. The result was announced—yeas 92, ator from South Carolina is recognized. The PRESIDING OFFICER. The time nays 7, as follows: Mr. HOLLINGS. Madam President, I am very pleased to present to the Sen- is running equally. [Rollcall Vote No. 339 Leg.] Mr. REID. The Senator from Arizona ate today the FY 2002 State, Justice, YEAS—92 has said I can yield back his time. Commerce, and related agencies con- The PRESIDING OFFICER. Without Akaka Domenici Lott ference report. The conference report Allard Dorgan Lugar before you combines the strongest objection, the time is yielded back. Allen Durbin McConnell Mr. REID. Mr. President, I suggest Baucus Edwards Mikulski components from both the Senate and the absence of a quorum. Bennett Enzi Miller House bills which passed a few months The PRESIDING OFFICER. The Biden Feingold Murkowski ago, and it addresses new priorities Bingaman Feinstein Murray clerk will call the roll. Bond Fitzgerald that have arisen since September 11. The legislative clerk proceeded to Nelson (FL) I could not have done this without Boxer Frist Nelson (NE) call the roll. Breaux Graham Nickles the help of the ranking member, Sen- Brownback Gramm Mr. REID. Mr. President, I ask unan- Reed ator GREGG. He and his staff have Bunning Grassley imous consent that the order for the Reid Burns Hagel worked diligently with me and my staff Roberts quorum call be rescinded. Byrd Harkin to produce a fair, well balanced, and bi- Rockefeller The PRESIDING OFFICER. Without Campbell Hatch Santorum partisan bill. I also want to thank objection, it is so ordered. Cantwell Helms Chairman WOLF and ranking member Carnahan Hollings Sarbanes UNANIMOUS CONSENT AGREEMENT—H.R. 2500 Carper Hutchinson Schumer SERRANO, as well as their staffs, for Mr. REID. Mr. President, I ask unan- Chafee Hutchison Sessions their commitment to a positive and imous consent that immediately fol- Cleland Inhofe Shelby constructive conference. The outcome Smith (OR) lowing the action on the Agriculture Clinton Inouye of this conference is a bi-partisan and Cochran Jeffords Snowe appropriations conference report, the Collins Johnson Specter bi-cameral piece of legislation. In fact, Senate proceed to the consideration of Conrad Kennedy Stabenow the House passed this bill 411–15 yester- the conference report to accompany Corzine Kerry Stevens day. I now call on the Senate to pass H.R. 2500, the Commerce-State-Justice Craig Kohl Thomas Crapo Landrieu Thompson this bill as well. appropriations bill, and that it be con- Daschle Leahy Thurmond I have always said that the funds ap- sidered under the following limita- Dayton Levin Warner propriated under this bill affect the tions: 45 minutes for debate with time DeWine Lieberman Wellstone lives of all Americans in so many dif- equally divided under and controlled as Dodd Lincoln Wyden ferent ways. However, the importance follows: 15 minutes each for Senator NAYS—7 of this bill became even more apparent HOLLINGS, Senator GREGG, and Senator Bayh Kyl Voinovich in the aftermath of the September 11 MCCAIN, or their designees; that upon Ensign McCain attacks. The conference report before the use or yielding back of time, with- Gregg Smith (NH) you today meets the following three out further intervening action or de- NOT VOTING—1 goals: One, it provides funding at the bate, the Senate proceed to vote on Torricelli Federal, State, and local level to com- adoption of the conference report. bat terrorism here at home. The PRESIDING OFFICER. Is there The conference report was agreed to. In fact, that is exactly what we were objection? Mr. KOHL. Mr. President, I move to debating with Senator GREGG’s initia- Without objection, it is so ordered. reconsider the vote, and I move to lay tive on counterterrorism at the time Mr. REID. It is my understanding that motion on the table. the Pentagon was struck that morning. that the order is that the vote begin at The motion to lay on the table was Second, it provides funds to protect 11:30; is that right? agreed to. American citizens and employees of

VerDate Mar 15 2010 03:29 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY November 15, 2001 CONGRESSIONAL RECORD — SENATE S11879 the American Government, while over- tinues to assist States in their efforts sources to address border enforcement seas, and three, this bill continues the to manage overwhelming economic and benefits processing. numerous domestic programs that have growth in our coastal communities. It For border enforcement, the bill pro- had, and will continue to have, a posi- also provides funds to preserve our few vides $66 million for 570 additional Bor- tive impact on the American way of remaining pristine estuarine areas. der Patrol agents, and $25.4 million for life. Funding is provided to assist our small 348 additional land border inspectors. First, this bill continues to fund the businesses, to gather economic statis- To better equip and house these en- counter-terrorism programs under the tical data, to perfect our census proc- forcement officers, the conference re- Office of Justice Programs (OJP), Of- ess, to promote export of American port provides $2 million for Border ve- fice of Domestic Preparedness (ODP). products. All of these are vital pro- hicles, $22 million for Border equip- Most of these funds go directly to grams that have contributed daily to ment, such as search lights, goggles States in the form of formula grants the strength of this Nation. and infrared scopes, $40 million to mod- for the purchase of equipment to re- In all, the CJS bill totals $39.3 billion ernize inspection technology; and $128.4 spond to terrorist incidents at both the in budget authority, which is $1.2 bil- million for Border patrol and detention State and local level. The distribution lion above the fiscal year 2001 amount. facility construction and rehabilita- of funds among State and local agen- The Departments of State, Justice, and tion. cies are based on State plans that each Commerce, as well as the Judiciary, all For INS’ benefits processing efforts, State must submit to ODP prior to re- receive significant increases over prior the conference report provides an addi- tional $45 million to specifically ad- ceiving grant funds. Funds provided to year appropriations. I would like to dress the case backlog and accelerate the office of domestic preparedness are take a few minutes to go over some of also used to provide training to State processing times. the specific funding highlights from This conference report includes $3.24 and local law enforcement officials, as the SJC bill the conferees are pre- billion for the Office of Justice Pro- well as to provide real-time emergency senting to the Senate: grams, which is $425 million above the exercises for first responders and Fed- Once again, the FBI’s Preliminary amount requested by the President. eral, State, and local executives. Annual Uniform Crime Report released This bill provides for the funding of a The bill also provides a significant this past May demonstrates how well number of important law enforcement increase in funds over last year to en- these programs are working. According programs. sure that agencies have the resources to the FBI’s report, in 2000, serious The conference report provides $251.4 they need to prevent and fight ter- crime has decreased 7-percent from million to the Office of Domestic Pre- rorism. For example, the fiscal year 1998, marking 9 consecutive years of de- paredness for equipment and training 2002 bill includes a $280 million in- cline. This continues to be the longest of State and local law enforcement re- crease over last year for the Federal running drop in crime on record. Bipar- garding counter terrorism activities. In Bureau of Investigations and a $700 tisan efforts to fund DOJ’s crime fight- addition, $2.4 billion has been provided million increase for Immigration and ing initiatives have impacted this re- for State and local law enforcement as- Naturalization Services. duction in crime during the past 10 sistance grants. Within this amount; Second, as in past years, the con- years. $594.4 million is provided for the Byrne ferees have placed significant re- The conference report provides $3.5 State and Local Law Enforcement Pro- sources—$1.3 billion for worldwide se- billion for the FBI, which is $280 mil- gram; $400 million is provided for the curity upgrades and $458 million for lion above last year’s funding level. To Local Law Enforcement Block Grant Embassy construction—into ensuring meet the critical need of sharing and Program; $390.5 million is provided for that our overseas facilities are ade- storing information within the FBI, Violence Against Women Act, VAWA, quately protected. U.S. citizens and the bill provides the FBI with $142 mil- Programs, including programs to assist overseas employees utilizing these fa- lion for the FBI’s Computer Moderniza- disabled female victims, programs to cilities should be safeguarded against tion Program, Trilogy. In addition, the reduce violence against women on col- possible terrorist attacks—and the conference report provides significant lege campuses, and efforts to address funding provided in this conference re- funding increases for vital programs domestic and child abuse in rural port will help assure that they are. such as $6.8 million to improve inter- areas; and $565 million is provided for Finally, the conferees have placed cept capabilities; $7 million for the State Criminal Alien Assistance great emphasis on continuing funding counter-encryption resources; $12 mil- Program which reimburses States for for domestic programs that have a lion for forensic research; and $32 mil- the incarceration costs of criminal positive impact on the American way lion for an annex of the engineering re- aliens. of life. It is imperative that the ter- search facility, which develops and Within the amount provided for the rorist attack against this Nation does fields cutting edge technology in sup- Office of Justice Programs, a total of not force us to abandon the vital do- port of case agents. $305.8 million has been included for Ju- mestic programs that have made us a The conference report provides $1.48 venile Justice Programs. These funds great nation. This conference report billion for DEA, $129 million above last will go toward programs aimed at re- ensures that those vital programs are year’s funding level. Increased funds ducing delinquency among at-risk not neglected. It continues programs are provided for technology and infra- youth; assisting States in enforcing un- that make our Nation’s primary and structure improvements, including an derage drinking laws; and enhancing secondary schools safer by providing additional $13 million for DEA’s labora- school safety by providing youth with grants for the hiring of school resource tory operations for forensic support. positive role models through struc- officers. Funds are provided to protect To combat drugs that are reaching tured mentoring programs, training for all Americans by increasing the num- our streets and our children, the con- teachers and families so that they can ber of police officers walking the Na- ference report provides $32.8 million to recognize troubled youth, and training tion’s streets, providing additional fight methamphetamine and encour- for students on conflict resolution and funds to fight the growing problem of ages the DEA to increase its efforts in violence reduction. illegal drug use, guarding consumers fighting heroin and emerging drugs The conference report includes $1.05 from fraud, and shielding children from such as oxycontin and ecstacy. The billion in new budget authority, for the internet predators. In addition, people conference report also directs the DEA COPS Office which is $195.3 million throughout this country benefit from to renew its efforts to work with Mex- above the President’s request. As in weather forecasting services funded ico in combating drug trafficking and prior years, the Senate has provided up through this bill. These Americans in- corruption under the country’s new to $180 million for the Cops-In-Schools clude farmers receiving information President Vicente Fox. Program to fund up to 1,500 additional necessary to effectively manage their For the INS, the conference report school resources officers in fiscal year crops, and families receiving lifesaving includes $5.6 billion, $2 billion of which 2002, which will make a total of 6,100 emergency bulletins regarding torna- is derived from fees. This is an $800- school resource officers funded since does, floods, torrential rains, and hur- million increase over last year’s fund- Senator GREGG and I created this pro- ricanes. This conference report con- ing level and provides the necessary re- gram in 1998.

VerDate Mar 15 2010 03:29 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S11880 CONGRESSIONAL RECORD — SENATE November 15, 2001 The conference report reflects Con- nomic Development Agency, and the ing level includes $95 million for the gress’ continued commitment to pro- Office of Economic and Statistical Secretary’s ‘‘new hire’’ initiative viding grant funds for the hiring of Analysis. The conference report in- which will provide for an increase in local law enforcement officers through cludes a $76 million increase for the 360 personnel, along with $12 million the Cops Universal Hiring Program. Al- next generation of polar-orbiting sat- for training and recruitment, and $162 though the President did not seek ellites. It also includes a new radio million in human resources enhance- funding for this program in fiscal year spectrum measurement system at the ments. The conference report provides 2002, the committee has provided $150 National Telecommunications and In- funding for recruitment, spousal em- million to continue to hire officers, as formation Administration. We also en- ployment, and civil service mobility. well as to provide much needed com- courage the United States Patent and Funding also is provided for an addi- munications technology to the Na- Trademark Office to reflect on its in- tional 186 security personnel and for tion’s law enforcement community. frastructure needs and to report back the replacement of obsolete equipment Within the Cops budget, the con- on what we can do to help in the fu- and motor vehicles overseas. ference report provides increased fund- ture. The conference report before the Sen- ing for programs authorized by the The conference report provides $3.26 ate today also addresses a significant Crime Identification and Technology billion for NOAA. Funding is included weakness in the State Department’s in- Act, CITA. In fiscal year 2002, $197 mil- to begin construction of 2 new research formation technology infrastructure. lion is provided for programs that will vessels and to refurbish 5 others. In ad- The worldwide web has become essen- improve the retention of, and access to, dition, funding is included for repairs tial to the conduct of foreign policy. criminal records nationwide, improve at the Beaufort, Oxford and Kasitsna Yet, at this moment, most of the State the forensic capabilities of State and coastal laboratories. Sufficient funding Department’s overseas posts are de- local forensic labs, and reduce the is provided to begin construction on re- pendent on obsolete computers and backlog of crime scene and convicted gional National Marine Fisheries Serv- communications equipment to process offender DNA evidence. ice buildings in Hawaii and in Alaska. information, and most posts lack se- And finally, the conference report The bill provides funding to start cure internet browser access for their has provided $70.4 million within Cops building visitor facilities at national employees. Full funding is provided in to continue the Cops Methamphet- marine sanctuaries. this conference report to bring the amine Initiative. These funds will pro- The funding provided in this con- internet to the desk top of all employ- vide for the clean-up of meth produc- ference report for these purposes is a ees by January 2003 and also to protect tion sites which pose serious health down-payment on the future of a ro- the Department’s classified global risks to law enforcement and the sur- bust Department of Commerce. I be- computer system from cyber-terrorism. rounding public. Funds will also be pro- lieve that the people at the department Finally, full funding in the amount of vided to State and local law enforce- are its greatest asset and that these $1.3 billion is provided for worldwide security upgrades and $458 million for ment to acquire training and equip- targeted funds will allow these profes- Embassy construction. Again, under ment to safely and effectively dis- sionals to better do their jobs for dec- Secretary Powell’s leadership in the se- mantle existing meth labs. ades to come. A total of $5.51 billion is provided for In terms of advancing technology, in lection of General Williams to head the the Department of Commerce in fiscal addition to the satellite programs, re- foreign buildings operations, millions year 2002, this conference report fo- search vessels, radio spectrum manage- of U.S. taxpayer dollars have already cuses on the goals of improving depart- ment systems and other programs that been saved in the re-evaluation of cur- mental infrastructure and promoting I mentioned earlier, the bill provides rent construction projects. This pru- dent action should expedite the con- the advancement of technology. The $674.5 million for the National Institute struction needs highlighted in the Department of Commerce consists of for Standards and Technology, NIST. Crowe report and put us ahead of 37,000 employees working in agencies as This amount aggressively funds sci- schedule in addressing the security diverse as the Economic Development entific and technical research and serv- needs of our vulnerable facilities. Administration, the National Oceanic ices that are carried out in the NIST Let me conclude by saying again this and Atmospheric Administration, and laboratories in Gaithersburg and in is a solid piece of legislation that ad- the Bureau of the Census. They are Boulder. The bill provides the current dresses issues that affect the daily highly-trained experts who are respon- year funding level of $60.7 million for lives of all Americans. It is a good bill sible for a huge array of critical pro- new ATP awards. The ATP is an indus- that balances the needs on many di- grams. These employees help minority try-led, competitive, and cost-shared verse missions, and the interests of businesses and small manufacturers program to help the U.S. develop the members from both parties and both flourish, run trade missions to open next generation of breakthrough tech- Houses. Every year, we face difficulties foreign markets to American goods, nologies in advance of its foreign com- with respect to limited funding and forecast hurricanes, estimate the Na- petitors. ATP contracts encourage multiple, sometimes competing, prior- tion’s gross domestic product, set companies to undertake initial high- ities. This year was no different. And, standards and measurements recog- risk research that promises significant as in past years, the CJS conferees nized and used world-wide, fly sat- widespread economic benefits. Over made those decisions in a bipartisan, ellites, manage the Nation’s fisheries, one-half of the ATP awards go to small bicameral, and judicious manner. This conduct censuses, and process patents. companies. could not have happened without the These missions of the Department of In the aftermath of the bombings of assistance of Senator GREGG and the Commerce are the glue that holds to- Dar es Salaam and Nairobi, the Depart- endless hours of work that both my and gether the U.S. economy, both domes- ment of State focused more on the se- his staff put into drafting the con- tically and abroad. curity of our overseas infrastructure ference report before the Senate today. There is no doubt as to the impor- and peacekeeping missions than on the Specifically, I would like to thank my tance of the missions under the pur- ‘‘quality of life’’ needs of its employ- clerk, Lila Helms, along with Jill Sha- view of the Department of Commerce. ees. Secretary of State Colin Powell piro Long, Luke Nachbar, and Dereck There is, however, a crisis looming in should be commended for taking the Orr as well as Senator GREGG’s minor- terms of the infrastructure available to approach that the morale of his em- ity clerk, Jim Morhard, along with the employees who work there. The ployees does not have to be com- Kevin Linsky, Katherine Hennessey, conference report we have before us be- promised in the name of safety. The and Nancy Perkins. gins to turn the tide on infrastructure conference report before the Senate This is a great conference report be- needs. In all cases, the conference re- today takes a good first step in that fore the Senate and with the help of port funds the President’s request for same direction. The conference report my colleagues, I look forward to swift capital upgrades. This includes new in- provides $7.36 billion in funding for the passage at the end of this debate. formation technology systems at the Department of State, an increase of I thank the distinguished Chair. I Minority Business Development Agen- $761 million above last year’s appro- again thank my distinguished ranking cy, the Bureau of the Census, the Eco- priated level of $6.6 billion. This fund- member.

VerDate Mar 15 2010 03:29 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY November 15, 2001 CONGRESSIONAL RECORD — SENATE S11881 I yield the floor and retain the re- The Senator from South Carolina has In addition, as the Senator men- mainder of my time. highlighted what amounts to the key tioned, we have made a huge commit- The PRESIDING OFFICER. The Sen- areas in the bill, but I do want to re- ment in the area of technology. This is ator from New Hampshire is recog- turn to a couple items and make a a very important function for us, not nized. point to reinforce the commitment only in the Justice Department but Mr. GREGG. Madam President, as I that this bill makes in those areas. equally important in the State Depart- understand the regular order, the Sen- First is the area of terrorism, as I ment, where they really have been lag- ator from South Carolina has 15 min- mentioned. This committee long before ging in their technological capability. utes, I have 15 minutes, the Senator this bill was brought forward, has fo- We think progress is being made in this from Arizona has 15 minutes, and then cused a great deal on the issue of how area, rather dramatic progress, as well we go to a vote. we try to get ourselves up to speed to as, of course, as was mentioned, the at- The PRESIDING OFFICER. The Sen- deal with terrorism. Regrettably, obvi- tempt to upgrade our facilities over- ator is correct. ously, we were not up to speed when seas, and especially harden them in Mr. GREGG. Madam President, does September 11 occurred. But in the past, light of the terrorist threat which they the Senator from New Hampshire seek this committee orchestrated the Cen- confront. recognition? tral Command Center for Crisis Man- One area that was left out of this Mr. SMITH of New Hampshire. I in- agement at the FBI. It has orches- bill, which was not left out because of quire of the managers if I may have 5 trated the legate services overseas in any actions by the chairman—it was or 6 minutes to raise a point. order to try to improve our intel- left out because of the House Ways and Mr. GREGG. I will be happy to yield ligence capabilities. Means Committee—was the issue of you 6 minutes of my time after I have It was as a result of this committee conflict diamonds. When this bill finished. that we undertook two major exercises passed the Senate, it had language in it Mr. SMITH of New Hampshire. in the area of terrorism, the top-off which would limit the use of conflict Thank you. program, which showed us that we had diamonds. Conflict diamonds are those Mr. GREGG. Madam President, I cracks, but it also showed us where we diamonds being produced primarily in begin by congratulating the Senator needed to go. A lot of what is hap- Sierra Leone. They are diamonds which from South Carolina for bringing this pening in the post-September climate have blood on them. They are dia- bill forward. He has done a superb job. is as a result of information we were monds which are being used to fund not This is a bill that has a lot of moving able to develop especially out of the only the terrorist elements in Sierra parts. It covers a broad sector of the Denver bioterrorism top-off exercise. Leone, known as the RUF, but it ap- agencies of the Federal Government, The bill specifically has in it the cre- pears now there is a connection be- some of the most critical agencies, of ation of a Deputy Attorney General for tween those diamonds and al-Qaeda course, being the Justice Department, Combating Terrorism, the concept and the organizations of Osama bin the State Department, the Commerce being there are a lot of different agen- Laden. These diamonds, where people Department, SEC, FTC, FCC, and SBA. cies, a lot of different moving parts are basically held in slavery in order to The list goes on and on, so it is a com- just within the Justice Department produce them, and children are used, plex bill. that have responsibility for terrorism— child labor is used, and people are tor- As is typical of the Senator from the INS, obviously; the DEA; most im- tured in order to produce these dia- South Carolina, he has handled it with portantly, the FBI; and the Justice De- monds, should not be on the open mar- great ability and acumen. As a result, partment itself. There needed to be a ket in free countries. Therefore, we put in language which we have before us what I think is an central focus where there was one per- would attempt to set up a system that extraordinarily strong bill, and a bill son thinking solely about the issue of would track diamonds. Diamonds are which aggressively funds and promotes how Justice specifically manages the question of terrorism. an important part of our culture, espe- these agencies, and the primary roles There were some questions as to how cially when we get around the holi- of these agencies, as well as making a this individual would relate to the At- days. There are a lot of folks who ex- point of focusing on certain initiatives torney General, and specifically to press their love and concern for indi- which are critical to better governance Governor Ridge in his role. My view is viduals by using diamonds, but we in this country, especially in light of that he complements Governor Ridge want Americans to know when they September 11. in that he or she will give Governor buy diamonds they are not funding ter- A large percentage of the terrorism Ridge a single point of contact where rorist organizations such as al-Qaeda dollars that are domestically oriented, he can get action within the Justice or the RUF. and the initiatives that are domesti- Department and cut through red tape Regrettably, that language—which I cally oriented, are tied up in this bill and turf. And, hopefully, as a result, think is very important, and which I with over $1.1 billion of funding. The this person will increase the capabili- know the chairman on the House side, initiatives which are necessary in order ties of Governor Ridge as we try to Congressman WOLF, strongly supported to secure strong action on the part of manage the Federal response to ter- because he was one of the authors of the Justice Department and the State rorism. So I think it is an initiative this language on the House side—was Department are also part of the policy which makes sense, and I understand forced out of the bill on a procedural in this bill. that it has been worked out. issue raised by the House Ways and So I congratulate the Senator from Secondly, I congratulate the chair- Means Committee. It is my under- South Carolina for doing a superb job. man and his staff and the participation standing the Ways and Means Com- But he could not have done it, and I of our staff in the area of NOAA. This mittee is going to have hearings on could not have participated in this bill, is an agency which is really one of the this issue. I hope they have them soon. without having exceptional staff. His premier science agencies in our coun- I hope we do not leave this session of staff, headed up by Lila Helms, has try; of course, specifically, science re- Congress without having passed effec- done an exceptional job. His staff has lated to the atmosphere and ocean. tive conflict diamond language. been extremely supportive of the ef- The maintenance of a series of vi- Again, in conclusion, I thank Chair- forts on our side of the aisle, and has brant NOAA programs is extremely im- man HOLLINGS. I thank his staff, led by worked with our staff, led by Jim portant if we, as a country, are going Lila Helms, and I thank my staff, led Morhard, extraordinarily well. I spe- to have the science we need in order to by Jim Morhard. I thank them all for cifically thank my staff people, includ- protect, preserve, and improve those the excellent job in producing what I ing Jim Morhard and Kevin Linskey, resources, the ocean and our air, and think is an exceptional piece of legisla- Katherine Hennessy, and Nancy Per- manage issues such as hurricanes and tion, which more than adequately ag- kins. They all work around the clock tornadoes, and other potential God- gressively funds our efforts to try to at this time of the year, and we very driven catastrophes, and be ready for address the issue of terrorism, but it much appreciate it. We have produced those events so that we can handle also strongly funds the agencies which an exceptional bill because of those ef- them more effectively as a Govern- are under our jurisdiction, especially forts. ment. agencies such as NOAA.

VerDate Mar 15 2010 03:29 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S11882 CONGRESSIONAL RECORD — SENATE November 15, 2001 Madam President, how much time do to which we agree can be held, if you or she was used as slave or forced labor. The I have? want to apply that standard. That is conferees understand that the Administra- The PRESIDING OFFICER. The Sen- simply wrong. tion strongly opposes this language, and is ator has 5 minutes. I would just say to the Parliamentar- concerned that the inclusion of such lan- Mr. GREGG. I yield the remainder of guage in the act would be detrimental to the ians that we ought to clarify this. If ongoing effort to enlist multilateral support my time to the Senator from New this is what we are going to do, then for the campaign against terrorism. The con- Hampshire. throw out rule 28.2 and say it is irrele- ferees strongly agree that the extraordinary The PRESIDING OFFICER. The Sen- vant. You are throwing it out because suffering and injury of our former prisoners ator from New Hampshire. you are using this substitute which is a of war deserve further recognition, and ac- Mr. SMITH of New Hampshire. gimmick to take out language that knowledge the need for such additional con- Madam President, I thank my col- somebody just decided they didn’t like. sideration. league for the 5 minutes. Again, the language is the language. In fairness to the position of the I simply want to use this time to You have a bunch of POWs now who are White House, we did have in 1951 the raise a point that I think should con- going to get screwed by this, to put it treaty of San Francisco settling the cern all of us in the Senate in terms of bluntly. That is not the issue as much claims of prisoners of war against the procedures. I understand that the Par- as it is who is next and how many Japanese Government. Maybe it wasn’t liamentarian would rule against me times does this have to happen before adequate. For 50 years we have adhered and so, therefore, I will not offer it. I we correct it and do the right thing. to that treaty, and now with the ter- cannot because of the unanimous con- I am not picking on this particular rorism attacks in the United States sent agreement, but I raise this point— bill or the two managers here. The out with an affirmative action plan to and I hope the Parliamentarian will point is, it happens to be something I win friends and influence people, to pay attention—because I believe this is was involved in and I know about it. form a coalition, now is no time for us a serious matter. If I had had the chance, I would have to take treaties and start abrogating There was language in both the made the Parliamentarian rule. But I them 50 years past or 1 year hence. House and Senate bills that dealt with didn’t get down here in time before the The truth is, the U.S. Senate ratified taxpayer dollars not being used to unanimous consent. I think you should that treaty. On this particular vote, interfere in any pending lawsuits with rule and we can prove that it is an in- the Senate bill was—the Senate bill—in some of the survivors of the Bataan correct ruling. the nature of an amendment to the Death March. You have to decide. I hope we will House bill. The entire bill was in the It was a controversial issue, but both take 28.2 out, if that is what we are nature of an amendment. That is how the House and the Senate agreed ver- going to do. My preference is that it technically, under the rule cited by my batim with the language. Not one would stay in and you would stop the distinguished colleague from New word, no date, no comma, no letter, interpretation, because if you can sub- Hampshire, it can be found as nothing, nothing misspelled, no stitute a Senate substitute for the parliamentarily sound. That is what we changes in spelling; it was verbatim. House, how then can you have a con- had to do in order to get the bill ap- The language was exactly the same. ference? What is the purpose of a con- proved. I am sorry these occasions Under rule 28.2, it states: ference if you can say, I am going to arise. It was a measured judgment. Conferees shall not insert in their report substitute the Senate version for the We agree with our distinguished col- matter not committed to them by either House version, take the House version league from New Hampshire, but that House, nor shall they strike from the bill is the best we could do under the cir- matter agreed to by both Houses. If new and throw it out the window? That is where it goes, right out. There is no cumstances. matter is inserted in the report or if matter Mr. SMITH of New Hampshire. Will which was agreed to by both Houses is conference. You have now substituted stricken from the bill, a point of order may bill A for bill B, and there is no con- the Senator yield for 30 seconds? be made against the report, and if the point ference. And anything that you have in Mr. HOLLINGS. Yes. of order is sustained, the report is rejected or here, whatever you have in this book, Mr. SMITH of New Hampshire. I say shall be recommitted to the committee of in your report, is no good. The lan- to the Senator from South Carolina, conference if the House of Representatives guage is irrelevant because you have you are correct. I am not challenging has not already acted thereon. now said you can substitute one bill for the technical aspect. I think it is a vio- This is very complicated and it is another. lation of the spirit of the rule. My parliamentary language. It is difficult It is wrong. It is absolutely wrong. It point is, I know how you feel about it. to understand. In essence, what has is what makes the American people We had the debate on the floor. I re- happened here is the House and the sick of what we do here, that they see spect your view. I know you respect Senate, as prescribed by rule 28.2, had stuff passed. They see it in both mine. The House, by 393 to 33, dis- identical language. And because under Houses. They see it go into conference, agreed with you. And the Senate, by a the rules you substituted the Senate identical language. At least you could vote of 58 to 34, disagreed with you. I bill for the House bill, you have now have changed the date and made it thought we had separate but equal used that as a technicality to rule legal. Instead, you took verbatim lan- branches of Government. If the White against me and to rule against this guage and threw it out. It is wrong. House wants to veto the bill over that, provision. And I want to make that point. I am then veto the bill over it. We will bring What happens is, the House and the very sorry it happened. it back here and talk about it. I don’t Senate agree on something. You go The PRESIDING OFFICER. Who think it is right to violate the spirit into conference. Nobody disagrees. But yields time? and intent of the rules. it comes out. Mysteriously, it is taken The Senator from South Carolina. Mr. HOLLINGS. It was just like out by somebody in the conference Mr. HOLLINGS. Madam President, President Lincoln, during the Civil committee, of which the rest of us are the distinguished Senator from New War, when he put a vote to his Cabinet not privy. It violates the rules. And if Hampshire, generally speaking, is cor- and all the Cabinet voted aye and it does not violate the rule, it violates rect. We tortured over this. Bottom President Lincoln voted no. And he the spirit and intent of it, clearly. line, the White House opposed it. So said: The ‘‘no’’ vote prevails. That is This is very troubling. It is not just question: Do we pass a bill that is what prevailed here. I yield the remainder of our time this issue. It could be any issue down going to be approved or do we pass a under the agreement. the road where somebody has worked bill that is going to be disapproved? hard on both sides, the House and Sen- On page 171 of the report language: NATIONAL DOMESTIC PREPAREDNESS ate, to put in the language. Then it is CONSORTIUM taken out in conference in violation di- The conference agreement does not include Mrs. HUTCHISON. Madam President, language proposed in both the House and rectly of rule 28.2. It clearly violates it. Senate bills regarding civil actions against I thank Chairman HOLLINGS and Sen- When you say you can substitute a Japanese corporations for compensation in ator GREGG for their leadership and ef- Senate bill for the House bill to get which the plaintiff alleges that, as an Amer- forts on the Commerce, Justice, State around that, that means any provision ican prisoner of war during World War II, he appropriations bill for fiscal year 2002.

VerDate Mar 15 2010 03:29 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY November 15, 2001 CONGRESSIONAL RECORD — SENATE S11883 This bill contains funding for many of porary holding facility designed to hold Mr. SMITH of New Hampshire. Mr. the important law enforcement activi- 18 prisoners for up to 72 hours. Today, President, this decision clearly dis- ties and counterterrorism training that an average of 33.4 offenders are being regards the wishes of the House and is vital in the wake of the September 11 held daily. Because of the lack of Senate. I taught history and civics attacks. space, only the most serious and repeat when I was a teacher. I always taught I want to comment on one aspect of offenders are incarcerated and the trib- my students that conference commit- this bill and that is the funding for the al court has been forced to rely on ‘‘de- tees were intended to resolve dif- National Domestic Preparedness Con- ferred sentencing’’ for less serious of- ferences between the House and Senate sortium. The consortium has been ful- fenses. This has created a large backlog versions. There is not difference in this filling the important role of training of convicted inmates waiting to be case. the Nation’s first responders and train- placed in jail. The current facility is Let me read from the report: ing cities and communities on how to simply inadequate to meet existing The conference agreement does not include assess their own vulnerabilities to an needs and the projected law enforce- language proposed in both the House and attack for over 3 years. I believe the ment needs of the tribe and its growing Senate bills regarding civil actions against bill funds the consortium at a level of population. Japanese corporations for compensation in which the plaintiff alleges that, as an Amer- $13.969 million, divided evenly. This is a The tribe is in need of a new facility and the gentleman from South Caro- ican prisoner of war during World War II, he significant reduction in funding from or she was used as slave or forced labor. last year, and it is my understanding lina recognized this requirement and included funding for the construction There was no difference between the that additional funding is expected to two versions, just a decision by a small be provided in the supplemental appro- of the Choctaw jail in the Senate bill. I thank the conference committee for group of conferees to impose their own priations bill. will on both Houses of Congress. This is The components of the consortium its inclusion of language directing the Department of Justice to fund the not the way things should work. each have an important role to play, The House passed this amendment in Choctaw detention facility. I would however, the National Emergency Re- July with a 393–33 vote. The Senate like to clarify, however, that it was the sponse and Rescue Training Center, later passed the exact same provision intention of the Senate to provide NERRTC, at Texas A&M has been the with a 58–34 vote. leader in the number of first responders $16,300,000 for the construction of the Congress should not turn its back on trained. It would be my hope and will- Choctaw jail facility. the 700 prisoners of war and their fami- Mr. HOLLINGS. Indeed, my colleague ingness to assure increased funding for lies who are seeking long-delayed jus- from Mississippi is correct. The Senate the NERRTC and the consortium as a tice. They have gone to court to de- did include funding in the amount of whole. mand compensation from the Japanese $16,300,000 for the Choctaw Indians to Mr. HOLLINGS. I will be happy to re- companies that used from for slave construct their jail facility. It was the view the need for increased resources labor. Throughout the war, these intention of the Senate that the tribe for the consortium and consider fur- Americans worked in mines, factories, receive this needed funding for this ther funding in the supplemental bill. shipyards, and steel mills. They la- Mr. GREGG. I agree that additional project as noted in the conference agreement. bored every day for as long as 10 hours funding for the consortium should be a day in dangerous working conditions. considered in the supplemental bill to Mr. COCHRAN. Madam President, I thank the Senator for clarifying this They were beaten on a regular basis. support our antiterrorism efforts. They were given no compensation by Mrs. HUTCHISON. I thank Chairman issue and for his support of this project. these companies. HOLLINGS and Senator GREGG for their Now they deserve their day in court consideration. SLAVE LABOR IN JAPAN Mr. HARKIN. Mr. President, I rise to without interference by the U.S. State DETENTION FACILITY ON CHOCTAW RESERVATION Department or the Department of Jus- Mr. COCHRAN. Madam President, I express my deep disappointment with the conference committee on the FY tice. That’s what our amendment had would like to take the opportunity to 2002 Commerce-Justice-State appro- set out to do—allow our POWs to seek clarify language included in the Com- priations bill for eliminating the provi- the long-delayed justice and compensa- merce, Justice, State, appropriations sion that would allow World War II tion they deserve. bill for fiscal year 2002. My distin- Mr. CONRAD. Madam President, I POWs, who served as slave laborers in guished colleague, the chairman of the rise to offer for the record the Budget Japan, to have their day in court. CJS Appropriations Subcommittee, Mr. The amendment, sponsored by Sen- Committee’s official scoring of the con- HOLLINGS, worked with me to ensure ator SMITH of New Hampshire and my- ference report to H.R. 2500, the Depart- that a very important project for the self, would have prohibited the U.S. ments of Commerce, Justice, and Mississippi Band of Choctaw Indians State Department and the Department State, the Judiciary, and Related was included in the Senate version of of Justice from blocking attempts by Agencies Appropriations Act for fiscal the bill and the subsequent conference American veterans to obtain com- year 2002. report. pensation in court from Japanese com- The conference report provides The Senate-passed version contained panies who used the POWs for slave $38.656 billion in discretionary budget $16,300,000 for the construction of an labor during WWII. authority, of which $567 million is for adult and juvenile detention facility on Some 30,000 Americans were taken defense and $438 million is for con- the Choctaw Reservation. The tribe has prisoner in the Philippines in the servation activities. That budget au- encountered many obstacles as it has months following Pearl Harbor and thority will result in new outlays in sought to satisfy both the Bureau of In- forced to perform as slave laborers for 2002 of $26.126 billion. When outlays dian Affairs and the Justice Depart- Japanese companies. For more than 3 from prior-year budget authority are ment through compliance with their years, our POWs endured horrific con- taken into account, discretionary out- varying jurisdictions, regulations, and ditions and received little or no com- lays for the report total $38.847 billion varied interpretations of law enforce- pensation. It is wrong and unfair that in 2002. By comparison, the Senate- ment for Indian tribes over the past the U.S. Government is using taxpayer passed version of the bill provided decade. These delays have resulted in a dollars to fight against these men and $38.641 billion in discretionary budget deterioration of law enforcement, and women who served and suffered for us authority, which would have resulted an escalation in the costs of the facil- during WWII, and deny them the com- in $38.744 billion in total outlays. The ity. Further delays will only exacer- pensation they deserve. conference report does not include any bate these problems. Some 60 families and POW survivors emergency designations. The Choctaw Tribe is firm in its view in Iowa are affected. Because the conference report ex- that detention is essential to the main- I ask the Senator from New Hamp- ceeds the outlay allocation provided to tenance of law and order of the reserva- shire if it was appropriate for the com- the subcommittee for conservation ac- tion. The detention facility the tribe mittee to cut out this provision, con- tivities, the report is in violation of currently utilizes was built by the Bu- sidering both the House and Senate section 302(f) of the Congressional reau of Indian Affairs in 1973 as a tem- voted to include it in the bill? Budget Act of 1974.

VerDate Mar 15 2010 03:29 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S11884 CONGRESSIONAL RECORD — SENATE November 15, 2001 I ask for unanimous consent that a this bill. The avalanche of unrequested physical conditions of the NIST labora- table displaying the budget committee earmarks buried in this measure will tories, home of two recent Nobel Prize scoring of this bill be inserted in the undoubtedly further burden the Amer- winners. I am amazed to see that we RECORD at this point. ican taxpayers. While the amounts as- are more concerned about ‘‘pork’’ than There being no objection, the mate- sociated with each individual earmark supporting world-class research facili- rial was ordered to be printed in the may not seem extravagant, taken to- ties. RECORD, as follows: gether, they represent a serious diver- Several items provided under funding sion of taxpayers’ hard-earned dollars for the State Department stand out for THE CONFERENCE REPORT TO H.R. 2500, THE DEPART- at the expense of numerous programs their questionable role in advancing MENTS OF COMMERCE, JUSTICE, AND STATE, THE JUDI- that have undergone the appropriate American foreign policy interests. The CIARY, AND RELATED AGENCIES APPROPRIATIONS ACT, merit-based selection process. report language directs the Depart- 2002, SPENDING COMPARISONS—CONFERENCE RE- Let me read a quote from Allen ment to make available $500,000 to the PORT Schick, a congressional expert at the Northern Forum, which works to ‘‘im- [In millions of dollars] Brookings Institution: prove international communication, Pork thrives in good times and bad. The cooperation, and opportunities for eco- General De- Con- Manda- pur- serva- Total problem is not the individual project, but the fense 2 tory nomic growth in northern regions of pose 2 tion cumulative effect. . . . When you add up the countries’’ around the world. I am from Conference report: total, it just blows your mind. the Southwest, so perhaps I am geo- Budget Authority ...... 37,651 567 438 572 39,228 Now I want to turn to some examples graphically biased, but I have trouble Outlays ...... 37,853 631 363 581 39,428 Senate 302(b) allocation: 1 of earmarks in this bill: understanding how this earmark serves Budget Authority ...... 37,651 567 439 572 39,229 There is $250,000 for the Central Cali- the national interest. Outlays ...... 38,653 0 203 581 39,437 President’s request fornia Ozone Study; $500,000 for the There is also a $200,000 earmark for a Budget Authority ...... 37,178 465 284 572 38,499 International Pacific Research Center conference in human trafficking at the Outlays ...... 38,016 538 259 581 39,394 House-passed: at the University of Hawaii; $1 million University of Hawaii in this bill. I am Budget Authority ...... 37,534 567 440 572 39,113 for the National Coral Reef Institute in pleased the conference report does not Outlays ...... 37,913 632 360 581 39,486 Senate-passed: Hawaii; $3.7 million for the Conserva- include language earmarking $9 mil- Budget Authority ...... 37,782 604 255 572 39,213 tion Institute of the Bronx Zoo; $750,000 lion for the East-West Center, as pro- Outlays ...... 37,880 660 204 581 39,325 for the Alaska Fisheries Development posed in the Senate bill, although it SENATE-REPORTED BILL COMPARED TO: Foundation; $3.35 million for the New does contain a plus-up for the center of Senate 302(b) allocation: 1 Hampshire Institute of Politics at $500,000, and it does not include Senate Budget Authority ...... 0 0 ¥1 0 ¥1 Saint Anselm College; and $6 million language earmarking $5 million to the Outlays ...... ¥169 0 160 0 ¥9 President’s request: for the Thayer School of Engineering State of Hawaii for hosting an Asian Budget Authority ...... 473 102 154 0 729 at Dartmouth University for the Development Bank meeting. Outlays ...... ¥163 93 104 0 34 House-passed: nanocystalline materials and biomass Five new educational exchange ear- Budget Authority ...... 117 0 ¥2 0 115 research initiative. marks found their way into this con- Outlays ...... ¥60 ¥1 3 0 ¥58 Senate-passed: There are many more projects on the ference report, although the report lan- Budget Authority ...... ¥131 ¥37 183 0 15 list that I have compiled, which will be guage refers only to ‘‘$500,000 for one- ¥ ¥ Outlays ...... 27 29 159 0 103 available on my Senate Web site. time seed funding for five new ex- 1 For enforcement purposes, the budget committee compares the con- Once, again, I must remind my col- change activities listed in the Senate ference report to the Senate 302(b) allocation. 2 The 2002 budget resolution includes a contingent ‘‘firewall’’ in the Sen- leagues that the administration has chart.’’ Since the conference report ne- ate between defense and nondefense spending. Because the contingent fire- urged us to maintain our fiscal dis- glects to list them, I will: they are the wall is for budget authority only, the Senate appropriations committee did not provide a separate allocation for defense outlays. This table combines cipline to ensure that we will continue Jointer Fellowships in War, the Padnos defense and nondefense outlays together as ‘‘general purpose’’ for purposes to have adequate funds to prosecute International Center, the UNI–Cedar of comparing the conference report outlays with the Senate subcommittee’s allocation. our war against terrorism, to aid those Falls Russo-American Exchange, the Notes.—Details may not add to totals due to rounding. Totals adjusted in need, and to cover other related UNLV Global Business Exchange, and for consistency with scorekeeping conventions. costs. We should let the people who run the UNR International Business Ex- Mr. MCCAIN. Madam President, I the programs we fund decide how best change. In addition, the conferees have thank the conferees of this bill for to spend the appropriated funds. After generously provided $400,000 for ‘‘ex- their hard work. This legislation pro- all, they know what their most press- changes to build linkages between vides funding for fighting crime, en- ing needs are. American and foreign musicians and hancing drug enforcement, and re- I am also greatly concerned by the musical institutions.’’ sponding to threats of terrorism. It fur- Appropriations Committee’s decision In closing, I urge my colleagues to ther addresses the shortcomings of the to fund the controversial Advanced curb our habit of directing hard-earned immigration process funds the oper- Technology Program at $184.5 million. taxpayer dollars to locality-specific ation of the judicial process, facilitates In his budget request, the President special interests. commerce throughout the United recommended that Congress suspend Mr. INOUYE. I rise to congratulate States, and supports the needs of the new funding for ATP, pending a re- and commend Chairman HOLLINGS and State Department and other agencies. evaluation of the program. The Sec- Senator GREGG and their staff for their This conference report spends at a retary of Commerce has not released tireless work in crafting the Con- level 4.9 percent higher than the level the results of that review nor any rec- ference Report on the Fiscal Year 2002 enacted in fiscal year 2001. In real dol- ommended changes to the program to Appropriations Bill for the Depart- lars, this is $828 million in additional the Commerce Committee. I urge my ments of Commerce, Justice, and State spending above the amount requested colleagues to await the results of the and the Judiciary. Because of their ef- by the President, and a $1.9 billion in- Secretary’s review, before we consider forts, we have before us today a fair crease in spending from last year. funding this program. As we all know, bill that puts aside partisan politics in Once again, however, I find myself in the country is currently involved in favor of delivering to the American the unpleasant position of speaking be- both war and economic downturn, and people the governmental programs and fore my colleagues about parochial this $184.5 million should be spent on support they need. I know from per- projects in yet another conference re- higher priorities than a welfare pro- sonal experience how difficult it can be port. I have identified $1.8 billion in gram for special corporate interests. to strike balances among competing earmarks, which is greater than the Furthermore, I am equally concerned interests, and the introduction of the cost of the earmarks in the conference that of the $62.4 million in the National tragic events of September 11, 2001, report passed last year, which totaled Institute of Standards and Tech- have only compounded these difficul- $1.5 billion. so far this year, total nology’s Construction account, $41.5 ties. porkbarrel spending has already hit a million is for non-construction related The efforts of my friends, Chairman staggering $9.6 billion. ‘‘pork’’ projects. Earlier this year, I HOLLINGS and Senator GREGG, were There are hundreds of millions of dol- wrote to the Secretary of Commerce supported by the work of their extraor- lars in porkbarrel spending throughout expressing my concerns about the dinary staff. Under the leadership of

VerDate Mar 15 2010 03:29 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY November 15, 2001 CONGRESSIONAL RECORD — SENATE S11885 Ms. Lila Helms on the majority side, wake of the terrible loss of police offi- While Members of the Senate may and Mr. Jim Morhard on the minority, cers on September 11, to ensure that have real questions and concerns per- this dedicated crew stayed late and this program is adequately funded. taining to the ICC, now is not the time came in on weekends to help my distin- Every police department in the coun- to be pushing legislation that under- guished colleagues put together a con- try is being called upon to increase cuts the administration’s efforts to ference report that every one of us can their vigilance, to expand their duties, work with our closest allies in building vote for with pride. and to do more to respond to the threat a strong coalition against terrorism. In Accordingly, I also wish to extend of terrorism. Increased funding for the addition, the President’s recent order my congratulations to each member of Police Corps Program would improve allowing military tribunals to be cre- Chairman HOLLINGS’ staff, Ms. Lila the quality and capabilities of police ated for trials involving members of al Helms, Ms. Jill Shapiro Long, Mr. departments throughout the country Qaeda suggests that a long-term fight Luke Nachbar, and Mr. Dereck Orr, and by educating and training qualified, against terrorism will include a variety to each member of Mr. GREGG’s staff, motivated young people. The whole of legal structures ranging from Mr. Jim Morhard, Ms. Katherine country stands to benefit from this Lockerbie type tribunals to the Inter- Hennessey, Mr. Kevin Linsky, and Ms. program. I deeply regret that the CJS national Criminal Court. It is thus im- Nancy Perkins. conference report does not contain, at perative that our government remains Ladies, gentlemen, my esteemed col- a minimum, level funding for the Po- engaged in the development of the ICC. leagues, I salute you all. lice Corps Program and am saddened I strongly hope that the Bush adminis- Mr. KERRY. Madam President, I am that the program has been so dras- tration will do that. pleased to vote for the Commerce, Jus- tically cut. The PRESIDING OFFICER. The Sen- tice, State, and the Judiciary, CJS, Mr. DODD. Madam President, I would ator from New Hampshire. conference report today. This legisla- like to draw attention to what I believe Mr. GREGG. It is my understanding, tion is critical to our continuing ef- is an unconstitutional amendment that Madam President, that the Senator forts to fight terrorism and increase was recently added to the final con- from Arizona, who had the other 15 homeland security. ference report of the FY02 Commerce, minutes, is willing to yield back his I am troubled, however, that the con- Justice, State and the Judiciary Ap- time. I believe that is correct. So I ference report appropriates only $14.4 propriations Act. This amendment, yield back our time on this side, and I million for the Police Corps Program, which was first offered by Senator understand we are setting the vote for an amount which I believe is insuffi- CRAIG on September 10 in the Senate 12:45. cient to adequately fund this critically version of the bill, would prohibit any I suggest the absence of a quorum. important program. I strongly support U.S. funds from being used ‘‘for co- The PRESIDING OFFICER. Without the $30 million level of funding that operation with, or assistance or other objection, the time is yielded back. was included in the Senate version of support to, the International Criminal Mr. HOLLINGS. I ask unanimous the CJS appropriations bill. The CJS Court or the Preparatory Commis- consent that all time on the conference conference report before us today sion.’’ report be yielded back and the Senate slashes the budget of the Police Corps The Craig amendment, which was op- vote on adoption of the report. program in half. It is more important posed by the administration, seeks to The PRESIDING OFFICER. Without now than ever before that we work to prevent our government from having a objection, it is so ordered. ensure that Americans feel safe within role in shaping the definition of the The clerk will call the roll. their communities and that our Na- crime of aggression and other key The assistant legislative clerk pro- tion’s police forces have strong federal issues pertaining to the International ceeded to call the roll. support. Criminal Court, ICC. It is my belief Mr. HOLLINGS. Madam President, I The Police Corps Program helps po- that this attempt to curtail the power ask unanimous consent that the order lice and sheriffs’ departments to in- of the President to negotiate treaties is for the quorum call be rescinded. crease the number of officers with ad- unconstitutional and I urge the admin- The PRESIDING OFFICER. Without vanced education and training. It pro- istration to remain engaged in a proc- objection, it is so ordered. vides Federal scholarships to highly ess vital to our country’s national se- Mr. HOLLINGS. Madam President, I motivated students who agree to serve curity. ask for the yeas and nays on the final as police officers or sheriffs’ deputies In addition to highlighting the con- vote on the conference report. for at least 4 years. Participants in the stitutional concerns raised by this The PRESIDING OFFICER. Is there a program are assigned to areas of the amendment, I would also like this op- sufficient second? country that are in the most desperate portunity to raise a broader concern. There is a sufficient second. need for additional officers. All of the The legislative maneuvering that led The yeas and nays were ordered. participants serve on community pa- to the adoption of this amendment fol- Mr. HOLLINGS. Madam President, I trol. lows European Union and German re- suggest the absence of a quorum. The benefits of this program can be quests that our government refrain The PRESIDING OFFICER. The seen in many ways. By encouraging from adopting anti-ICC legislation. In clerk will call the roll. educated young men and women to late October the Belgium Foreign Min- The bill clerk proceeded to call the enter into the police force, Police ister Louis Michel wrote on behalf of roll. Corps improves the quality of law en- the European Union to Senator Mr. GREGG. Madam President, I ask forcement in towns and States DASCHLE and Secretary of State Colin unanimous consent that the order for throughout the country. Police Corps Powell, expressing the EU’s strong sup- the quorum call be rescinded. reduces the local costs of hiring and port for the ICC. German Foreign Min- The PRESIDING OFFICER. Without training new officers by providing Fed- ister Joschka Fischer wrote to the Sec- objection, it is so ordered. eral funding law enforcement training. retary of State directly on October 31, The PRESIDING OFFICER. The In addition, the Federal Government noting that, ‘‘In view of the inter- question is on agreeing to the con- pays police departments that hire par- national effort against terrorism . . . it ference report to accompany H. R. 2500. ticipants $10,000 a year per participant is particularly important for the The yeas and nays have been ordered. for the first 4 years of service. United States and the European Union The clerk will call the roll. Police Corps also offers a scholarship to act in accord in this field too.’’ He The bill clerk called the roll. program for children of officers killed continued, ‘‘The future International Mr. REID. I announce that the Sen- in the line of duty. Eligible children Criminal Court will be a valuable in- ator from New Jersey (Mr. TORRICELLI) can receive up to $30,000 to cover edu- strument for combating the most seri- is necessarily absent. cational expenses. There is no service ous crimes. It will provide us with an The PRESIDING OFFICER (Mr. CAR- or repayment obligation and the appli- opportunity to fight with judicial PER). Are there any other Senators in cation process is non-competitive. I means crimes such as the mass murder the Chamber desiring to vote? can think of no time in our recent his- perpetrated by terrorists in New York The result was announced—yeas 98, tory more appropriate than now, in the and Washington on 11 September 2001.’’ nays 1, as follows:

VerDate Mar 15 2010 03:29 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S11886 CONGRESSIONAL RECORD — SENATE November 15, 2001 [Rollcall Vote No. 340 Leg.] The PRESIDING OFFICER. Is there seas. The rest of it comes from Texas, YEAS—98 objection? Louisiana, Pennsylvania, Colorado, and Akaka Dorgan Lott Without objection, it is so ordered. my State of Alaska. However, it is im- Allard Durbin Lugar Mr. REID. Mr. President, I suggest portant to note that Alaska has pro- Allen Edwards McConnell the absence of a quorum. duced about 20 percent of the total Baucus Ensign Mikulski The PRESIDING OFFICER. The crude oil produced in this Nation for Bayh Enzi Miller Bennett Feingold Murkowski clerk will call the roll. the last 27 years. Biden Feinstein Murray The assistant legislative clerk pro- We had a great debate in this body in Bingaman Fitzgerald Nelson (FL) ceeded to call the roll. the early 1970s. That debate was wheth- Bond Frist Nelson (NE) Mr. MURKOWSKI. Mr. President, I Boxer Graham er or not Congress should authorize the Nickles ask unanimous consent that the order building of an 800-mile pipeline from Breaux Gramm Reed Brownback Grassley Reid for the quorum call be rescinded. Prudhoe Bay to Valdez to move the oil. Bunning Gregg Roberts The PRESIDING OFFICER. Without There was a tie vote in the Senate. The Burns Hagel Rockefeller Byrd Harkin objection, it is so ordered. Vice President, Spiro Agnew, broke the Santorum Campbell Hatch f tie, and the pipeline was authorized. As Sarbanes Cantwell Helms a consequence, we have been producing Carnahan Hollings Schumer MORNING BUSINESS Sessions for many, many years up to 2 million Carper Hutchinson The PRESIDING OFFICER. Under Chafee Hutchison Shelby barrels of oil a day. Now that pipeline Cleland Inhofe Smith (NH) the previous order, there will now be a is producing a little over 1 million bar- Clinton Inouye Smith (OR) period for the transaction of morning Snowe rels a day. Cochran Jeffords business with Senators permitted to The important point to recognize, as Collins Johnson Specter Conrad Kennedy Stabenow speak for up to 10 minutes each. we reflect on what we can do now—and Corzine Kerry Stevens The Senator from Alaska is recog- what we can do now is to open up that Craig Kohl Thomas nized. small sliver of the Arctic known as the Crapo Kyl Thompson Mr. MURKOWSKI. I thank the Chair. Daschle Landrieu Thurmond ANWR Coastal Plain—is what that will Dayton Leahy Voinovich f mean to this Nation’s dependence on DeWine Levin Warner ENERGY increased imports from overseas. It Dodd Lieberman Wellstone will reduce that dramatically. Domenici Lincoln Wyden Mr. MURKOWSKI. Mr. President, I We do not really know what is in NAYS—1 would like to share with my colleagues ANWR because Congress has never au- McCain a situation developing that I think de- thorized the opening of this area. But serves attention as we contemplate the NOT VOTING—1 the geologists estimate somewhere be- Thanksgiving recess and shortly there- tween 5.7 and 16 billion barrels. That Torricelli after, hopefully, the break for the may not mean much in the overall The conference report was agreed to. Christmas holidays. scope of things, but it is estimated that Mr. REID. Mr. President, I move to Throughout the year, our new Presi- the current proven oil reserves of reconsider the vote. dent has requested that Congress take Texas are about 5.3 billion barrels. So Mr. HOLLINGS. Mr. President, I up and pass an energy bill. The ques- this could be very, very significant. move to lay that motion on the table. tion of our Nation’s energy security, Let’s compare it back to Prudhoe The motion to lay on the table was the question of our continued depend- Bay because Prudhoe Bay is an actual agreed to. ence on imported oil from overseas, experience. We have been there for 27 f and the question of our vulnerability years. The experts indicated that field ORDER OF PROCEDURE relative to terrorist activities here at would produce about 10 billion barrels. home bring to this body the reality of Today, it is on its 13th billion barrel. It Mr. REID. Mr. President, I ask unan- taking positive action to correct that is still producing a million barrels a imous consent that the Senate stand in situation. day. recess from 2 p.m. until 4 p.m. today. The circumstances surrounding our So when you talk about what might There is already an order in existence vulnerability need some examination. be in ANWR, whether it is 5.7 or 16 bil- that the time we are in be morning That examination should focus, first, lion, even if it is 10 billion, it is as big business. on the lessons of history. as Prudhoe Bay. It has a very signifi- Mr. BYRD. Mr. President, reserving Many people in this body, and many cant potential in reducing, if you will, the right to object, I certainly don’t young people in this country, do not our dependence on imports. want to be an impediment to what the remember 1973. They do not remember What is involved here? I have stood distinguished majority whip is trying the Arab oil embargo. They do not re- in this chamber numerous times and to do. I do have a couple of speeches I member the gas lines that were have indicated that you have to get a want to make. I will go down to my of- stretching around the block. They do feel for the magnitude of the area. The fice to get them. One has to do with not remember the inconvenience that ANWR area is a million and a half Thanksgiving. The other has to do with was associated with that reality. acres in the sense of the classification another matter of great importance. What were the circumstances, then? of 1002. I do not want to confuse Mem- Mr. REID. Mr. President, if I could We were 37 percent dependent on im- bers, but what I am saying is that only amend that request, we have from 3 to ported oil. The public was indignant at the 1002 area—or a million and a half 4 o’clock for which the Chaplain has ar- that time. They blamed the govern- acres—can be authorized by Congress ranged for the Senate family to be to- ment. They blamed everybody. How out of the 19 million acres that are in gether in the Russell Rotunda. could this country allow itself to be- ANWR. Nineteen million acres is the I amend that request so that we end come that dependent on external size of the State of South Carolina, a at 2 o’clock, or whenever Senator BYRD sources of oil? pretty big piece of real estate. Out of completes his remarks. Today, we are 57 percent dependent that 19 million acres in ANWR, we set I was present last year and the year on imported oil. The Department of aside 81⁄2 million acres in a wilderness before when Senator BYRD gave his Energy has indicated by the year 2010 in perpetuity. We set aside another 9 Thanksgiving speech. I hope I can be we will be somewhere in the area of 66 million acres in a conventional refuge, present this year when the speech is percent dependent on imported oil. leaving this million and a half acres given. It is something I look forward What do we do about that? only for Congress to consider making to. It has become, at least for me, kind There are two logical steps we can available for exploration. of a Thanksgiving tradition to hear the take. One is to use less oil by being The House passed an energy bill, H.R. things for which Senator BYRD is more creative with technology, in- 4. In that bill they authorized that only thankful because they always trigger creasing efficiency; and the other is to 2,000 acres of the 1002 area could bear a in my mind the things I am thankful produce more domestically. footprint of development. That reminds for, or that I should be thankful for. Where does America’s oil come from? me of the Hollywood movie star, Rob- I renew my request. Fifty-seven percent comes from over- ert Redford, who is very much opposed

VerDate Mar 15 2010 03:29 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY November 15, 2001 CONGRESSIONAL RECORD — SENATE S11887 to opening this area. He has a 5,000- But let’s face it, America and the world not done it. We know it will not in- acre farm in Utah. I mention that to moves on oil. We have no other means clude ANWR. There is absolutely no put things in perspective. A 2,000-acre of transportation currently available. question about that. footprint out of 19 million acres, that Our airplanes, boats, and trains all Yet, here we are with a situation is what we are talking about. move on oil. There is no relief in sight. that is ongoing. Time runs and nothing I know America’s environmental We use heating oil to fuel our homes. is done. We face a crisis associated community is very much opposed to So until we develop a new technology, with our vulnerability and dependence this. This is an issue that is far away. America is going to have a continued on foreign oil. The American people cannot see it. dependence on oil. Let me add a couple more points that They cannot see the good record of We have an opportunity here, in the bear some reflection. Currently we are Prudhoe Bay or the contribution of the stimulus package, to address a real importing almost 1 million barrels of 27 years of production from Prudhoe stimulus. A real stimulus is opening up oil a day from Iraq. How can we justify Bay. So it is an ideal issue for Amer- ANWR because here is what ANWR on the one hand becoming more de- ica’s environmental community. It is would do: It would provide at least pendent on a source that was our like a cash cow, if you will pardon the 250,000 direct jobs. enemy just a few years ago when we expression. They have milked it for all This isn’t something the Federal fought the war in the Persian Gulf and it is worth, and they will continue to Government has to underwrite or the on the other hand, importing oil from do so because it is warm and fuzzy. taxpayer has to basically contribute that country and enforcing a no-fly They throw in a polar bear. They do to. These are private sector jobs, zone over Iraq on a daily basis? We are not tell you that you cannot take a skilled labor, welders, pipe fitters, putting the lives of our men and polar bear for trophy, cannot shoot a Teamsters, you name it. These unions women at risk in enforcing that. We polar bear in Alaska because they are support this. They are in contrast to occasionally take out targets in Iraq. I protected marine mammals. You can the environmentalists who are opposed have said it before and I will say it go to Russia or you can go to Canada if to it. This is the biggest jobs issue in again: We take their oil, put it in our you want to shoot one. They talk about the stimulus package. airplanes, and enforce a no-fly zone. the porcupine caribou herd. They talk What else is there in this proposal? They take our money, develop missile about the Gwich’in people. But they do There is an opportunity for the Federal capability, a biological capability, and not tell you that the Gwich’ins in Can- Government to garner about $3.3 bil- aim it at our ally Israel. We don’t ada are leasing their land for oil explo- lion in bonus bids as a result of this know what they are doing because we ration. They are developing their cor- 1002 area being put up for lease. That is don’t have inspectors over there any- poration and their opportunity for a lot of money. That can offset some of more. It is a grossly inconsistent pol- jobs, a better lifestyle, a better edu- the responsibilities we have to address icy. in response to terrorism, the cost of cation, and so forth. They do not tell We have differences of opinion, of the war, security. There are lots and you that we have had experience with course. I respect my colleagues with re- lots of things that we can use this rev- the central Arctic herd of caribou in gard to issues such as this. I find it enue for. Prudhoe Bay that was 6,000 strong in ironic that the spokespersons who If you look at the jobs, if you look at 1978 and that is now over 27,000 because stand before this body communicating the revenue and recognize that none of you cannot shoot them, you cannot directly their feelings on the issue have this is going to cost the taxpayer one take them. never been up there. They have never red cent, we should consider the real So every argument that the environ- taken the time. Each year Senator mentalists use against opening ANWR merits of a stimulus package that con- STEVENS tains a provision to provide the author- and I offer trips to ANWR. is a bogus argument. These arguments They don’t come. Yet they are experts. are not based on sound science; they ity to open up this area. Members have opinions on this, but are based on emotion. We have brought this to the floor What is this issue really all about? It time and time again. We have proposed they don’t go up and see for them- is not about replacing imported oil, if opportunities for committee action. As selves. They don’t evaluate. They don’t you will, but it is about reducing our the ranking member on the Energy and talk to the people who live there. My dependence on imported oil. If we made Natural Resources Committee, I can Native and Eskimo people have rights, a commitment in this body to open up only express my disappointment in the too. There are 95,000 acres of private ANWR, one of two things would hap- process. The Democratic leader has land that they own in the 1002 area, the pen, or perhaps both. OPEC would, in taken away from the authorizing com- 1.5 million acres in question. The Na- my opinion, increase production be- mittee, the Energy and Natural Re- tive and Eskimo people have no access. cause they would know that the United sources Committee, and the chairman, They can’t even drill for gas to heat States means business about reducing the ability to address the formation of their homes. Is that democracy? Is that its dependence on imported oil. As a an energy bill in the committee. For fair and equitable? Should they not consequence, you would see a stabiliza- some reason there is a terrible fear to have the same rights as any other tion in price. have a vote on this issue in committee American who owns private land? This What OPEC has done now is they or, for that matter, on the floor. is a terrible travesty on the people of have put together a self-disciplined I know there are several Members my State. It is unjustified. commitment of the countries that from time to time who have ideas of We are a big piece of real estate with make up OPEC to have a floor and ceil- Presidential aspirations. This body and a small population. We have real peo- ing. The ceiling is about $28 a barrel, the American people have a right to ple. We have a village in the area. and the floor is about $22 a barrel. have an energy bill debated on the Some people say: This pristine area, it If you do not believe that, just look floor of the Senate and voted upon. The is an extraordinary area. It is a huge at what OPEC did the other day. They President has asked for it continually. area. To suggest that a 2,000 acre foot- decreased production a million and a He deems it as a stimulus. We don’t print suddenly is going to have a disas- half barrels. What does that do? It seem to be able to move. trous activity associated with it is ab- makes the price go up. We are caught What happened is—as a member of solutely inconsistent with reality. in that leverage. Of course, right now, the Energy Committee, I am obviously We have a village there of 300 people. we have seen a tremendous reduction pretty close to it—I thought we could It has a little school, a health care fa- in oil demand because of the terrorist proceed, have a markup in the com- cility, a little airport. These are real activities, lack of air traffic in this mittee, vote it out of committee, and people. They have real hopes, real aspi- country, the reduction of people driv- take it to the floor. The Democratic rations. They are very disappointed ing. But that isn’t going to be the case leader intervened, took the authority that this body fails to hear their cry forever. We are going to go back and away from the chairman of the com- and the Members who feel very strong- begin to use fuel at a higher degree. mittee. We have been waiting for the ly about this are refusing to go up and I am all for alternatives. I am all for majority leader to come up with an en- talk to them, to recognize that they renewables. I am all for wind and solar. ergy bill and present it to us. He has are really there.

VerDate Mar 15 2010 03:29 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S11888 CONGRESSIONAL RECORD — SENATE November 15, 2001 I have said this before, as we look at over the years and we have a curious military uniforms and conspiring to terrorist activities, as we look at vul- relationship, in the sense that he is use explosives on unknown targets. nerability, let’s look at the Mideast for senior to me in the Republican caucus After their capture, President Roo- a moment. Look at Saudi Arabia. Some because it was done alphabetically, and sevelt proclaimed that all saboteurs individuals predict that Saudi Arabia ‘‘M’’ comes before ‘‘S.’’ I am senior to caught in the United States would be is setting itself up for what happened a Senator MURKOWSKI in the Senate be- tried by military commission. The Su- few decades ago with Iran, the fall of cause I come from a State that is preme Court of the United States de- the Shah, America’s ally. somewhat larger population-wise but nied their writs of habeas corpus, hold- Bin Laden’s terrorist activities in the not geographically. But it is always a ing that trial by such a commission did oilfields of Saudi Arabia could wreak pleasure to follow Senator MURKOWSKI not offend the Constitution. havoc. What you would see is the price on the floor or any other time. In World War II, we obviously faced a of oil skyrocketing. A couple of tank- f dire threat. The decision was made, un- ers in the Straits of Hormuz taken out derstandably at that time, to have that by terrorist activities could accom- TRYING TERRORISTS AS WAR kind of a trial procedure and not in plish the same effect. CRIMINALS regular civil Federal courts. Our cur- These are the real risks associated Mr. SPECTER. Mr. President, I have rent circumstances may warrant such with our increased dependence. If you sought recognition to comment on a action at the present time, but I do be- look at the terrorists who we can iden- couple of subjects today. First is a sub- lieve it is something that ought to be tify with the Trade Center disaster, a ject that is very much in the forefront considered by the Judiciary Com- lot of them had Saudi Arabia citizen- of the news, which is the proposal to mittee. ship, including bin Laden. Where does try terrorists in military tribunals as I note the presence of the distin- the money come from? You and I are opposed to trials in U.S. courts of law. guished chairman of the committee in associated with the business commu- The Attorney General of the United the Chamber. I just commented, Sen- nity. We know where it comes from. It States is quoted in this morning’s press ator LEAHY, that I have signed a letter comes from oil. That is the wealth of as citing circumstances that the ad- to you on this subject. I thought it the Mideast; it funds terrorism. Make ministration believes would require worthwhile to go far beyond the letter no mistake about it. this change in procedure, and it is a and to talk about this subject because A good friend of mine, a Member of matter that I believe ought to be con- I believe it is a matter of very substan- this body for many years, Mark Hat- sidered by the Congress, because under tial importance. field, is a pacifist. He said: I would vote the Constitution the Congress has the Mr. LEAHY. If the Senator will yield for ANWR any day than send another authority to establish military courts for a moment, I haven’t seen the letter, man or woman of our Armed Forces to and tribunals dealing with inter- but the press described it to me and fight a war on foreign soil, a war over national law. asked me about it. I told them I totally oil. I have written today to the chairman agree with you on that, that we should This Senator has been a good soldier. of the Judiciary Committee suggesting have hearings on this—actually a num- I have been here 21 years. I have lived that prompt hearings be held on this ber of these steps. One of the difficult with this issue for 21 years. I have subject. We are going to be returning things, as the Senator knows, is get- asked for votes. We passed this bill in after the Thanksgiving recess, and we ting the Attorney General to come up 1995 in both the House and the Senate. will have a chance to look into this here and testify. I think the last person It was vetoed by President Clinton. It matter. Events are unfolding very rap- to be able to even ask him a question is not going to be vetoed by the White idly now in the war in Afghanistan, in our committee was the senior Sen- House this time around. The point is, with major advances being made by the ator from Pennsylvania during the ter- we can’t get the leadership to bring it Northern Alliance, with U.S. com- rorism bill. up. mandos on the ground, moving in an ef- I only heard part of what the Senator I am going to have to filibuster some- fort to find Osama bin Laden. I have was saying, but his usual fashion is to thing around here. There are a few predicted consistently since September lay out the law and the history very things left to get some kind of a com- 11 that we would find him and, as clearly. I do believe we should have mitment from the Democratic leader- President Bush has said, we would ei- hearings. I intend to have a meeting ship to get a vote on this issue in a ther bring bin Laden to justice, or we with the FBI Director this afternoon. I timely manner. We have that right. All would bring justice to him. So the am also going to talk to the Attorney we want is a vote. We will take our issue of military courts is something General on this and a number of other lumps. But they don’t want to vote on that may be upon us sooner rather issues, including some about which the it. than later. Senator has expressed concern to me. They don’t want to vote on it, even The Constitution provides that the He really should come up here before to the point where they are fearful if I Congress is empowered to define and we finish for the year. We should dis- were to bring this up in committee and punish violations of international law, cuss some of these issues. prevail, that somehow it would pass as well as to establish courts with ex- I think the Senator from Pennsyl- and it would represent a position of clusive jurisdiction over military of- vania is absolutely right in raising strength. fenses. Under articles of war, enacted this. I appreciate him doing it. He does Let me conclude by alerting Mem- by Congress, and statutes, the Presi- us all a service. bers that we are not going to let this dent does have the authority to con- Mr. SPECTER. I thank my colleague issue go away. We are going to force a vene military commissions to try of- from Vermont for those comments. I vote. If I have to force a filibuster, I fenses against the law of war. Military think the Attorney General would will. This time this issue is going to commissions could be convened to try come up on an invitation. We are due come up before this body and be ad- offenses, whether committed by U.S. back here on the 26th. I think it would dressed once and for all. service members, civilian U.S. citizens, be in order to make this the first order I thank the Chair for the time. I or enemy aliens, and a state of war of business of the committee on the thank my colleague for his indulgence. need not exist. So there has been a del- 27th. That would be 12 days’ notice. I yield the floor. egation of authority by the Congress. I note that there is a very extensive The PRESIDING OFFICER. The Sen- But under the Constitution it is the Executive Order implementing this ator from Pennsylvania is recognized. Congress that has the authority to es- procedure. This matter is not some- Mr. SPECTER. Mr. President, I am tablish the parameters and the pro- thing which burst upon the scene yes- pleased to follow my distinguished col- ceedings under such courts. terday. It has been under consider- league from Alaska, who has been here In World War II, in the case of Ex ation. for 21 years. I can personally attest to parte Quirin, 317 U.S. 1, eight German I noted that a key Member of the that and take an affidavit to that fact saboteurs were tried by a military House of Representatives was quoted in because I came here on the same day commission for entering the United this morning’s press as not having been that he did. We have worked together States by submarine, shedding their consulted. I noted the chairman is also

VerDate Mar 15 2010 03:29 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY November 15, 2001 CONGRESSIONAL RECORD — SENATE S11889 quoted in the press as having not been were not dusted off in the past because tion may have more than rhetorical value. consulted. That is the President’s cooler heads prevailed. The purpose of this report is to clarity the right. He can take his action, but I think the American public will, as law enforcement implications of treating the the Congress has, support the Presi- terrorist acts as war crimes and to identify under the separation of powers we have the possible ramifications of applying the our own rights. The Congress has the dent in a fight against terrorism, but law of war rather than criminal statutes to authority to make those determina- the American public deserves having prosecute the alleged perpetrators. tions. That is what the Constitution questions aired and answers given. The Law Enforcement versus Law of War. Some says. We have the authority to decide Senator from Pennsylvania does a serv- observers have expressed concern that treat- how those trials will be conducted. Of ice in raising that. I can assure him ing terrorist acts as acts of war may legiti- course, we are in a very difficult situa- there will be a time set. The Attorney mize the acts as a lawful use of force and ele- vate the status of the Taliban and the ter- tion. We face a struggle for survival General will be requested to come be- rorist networks to that of legitimate state with what happened on September 11. fore us prior to the Senate adjourning. actors and lawful combatants. However, it The executive branch is entitled to There has not been consultation with may be argued that an application of the law great deference, but we are entitled to either the Republican or Democratic of war to terrorism does not imply lawful- know the reasons for the President’s leadership in the Congress on each of ness of the conflict, nor does it imply that order and its scope. Such a military these issues. I do not know how many perpetrators are not criminals. Terrorists do tribunal need not have a trial by jury, other shoes will drop between now and not, by definition, conduct themselves as the time of the hearing, but whatever lawful combatants. Under this view, they which would be expected. Not to have a may be treated as war criminals and if cap- trial by jury is a military court-mar- is there, we will ask about them. tured, are not entitled to prisoner-of-war tial. There is no explicit privilege I do not want to interrupt the Sen- status under the Geneva Conventions. As against self-incrimination. That is ator from Pennsylvania any further, suspected war criminals, they may be tried something we have to consider. but I came to the Chamber simply to by any nation in its national courts or by a There is even no right of the defend- thank him for raising what is a very military commission convened by one nation ant to choose his counsel. I don’t think valid point. or many. that would be the case in every tri- Mr. SPECTER. Mr. President, I The Justice Department is reportedly ex- ploring whether to adopt the law of war ap- bunal, but these are powers that are thank the Senator from Vermont for proach to prosecute those responsible for the very broad, and just as we found it nec- those comments. These are issues of September 11 attacks. It appears that there essary to take some time on the ter- very considerable moment. These are are few legal impediments to adopting such rorist bill, our job is to take a look at matters which need to be analyzed very an approach. Other practical considerations it. And the executive will be immeas- carefully. that may arise include the following ques- urably strengthened if the Congress The war against terrorism is a very tions: Must war crimes be investigated by backs the President. vital war. Some suggestions have been military police, possibly implicating the Mr. LEAHY. If the Senator will yield made there might be a concern about Posse Comitatus Act? If federal or state po- lice are used, must they follow the same further on that point, first off, I could convicting bin Laden, but I remind standards that they apply to criminal cases? not agree more with him. I think his them, he has been under indictment How will it affect the United States’ ability last point is one that bears emphasis— since 1998 for killing Americans in to extradite terrorists captured abroad? how they might be strengthened. The Mogadishu in 1993 and the blowing up Such an approach could also have an im- Senator from Pennsylvania and I have of our embassies in Africa in 1998, and pact on civil matters. Will there be any ef- served here longer than most Members there evidence against him linking him fect on the possible civil liability of terror- to the attack on the U.S.S. Cole. So ists to compensate victims? Would it matter of this body. I think it is safe to say if a particular victim was a government em- that we have seen more bipartisan— there is considerable evidence. How- ployee or someone located at a ‘‘military virtually nonpartisan—support for the ever that may turn out, this is a mat- target’’ at the time of an attack? Will there President in the last 2 months than we ter which should receive deliberation be an effect on the liability of insurers? A de- have for any President, Republican or by the Judiciary Committee because cision to adopt a law of war approach to the Democrat, during the times he and I there are very weighty issues to be terrorist acts currently at issue, or to all fu- have been privileged to serve together considered. ture terrorist acts, could also have signifi- There is not a great deal of time. We cant foreign policy repercussions. in this body. That can be very helpful What is the Law of War? As a subset of the for the President. are scheduled to have a recess to get a law of nations, the law of war is a composite However, it raises one certain dan- secret briefing later today on what is of many sources and is subject to varying in- ger. That support in our common goal happening in Afghanistan. So I ask terpretations constantly adjusting to ad- to fight terrorism and to protect our unanimous consent to print in the CON- dress new technology and the changing na- fellow citizens in this country is good, GRESSIONAL RECORD a CRS Report for ture of war. It may also be referred to as jus but if it goes beyond that, and nobody Congress, dated October 29, 2001, on in bello, or law in war, which refers to the has a question, ultimately the Presi- ‘‘Trying Terrorists as War Criminals,’’ conduct of combatants in armed conflict, as distinguished from jus ad bellum—law before dency is hurt, the Senate is hurt, and which outlines some of the key consid- war—which outlines acceptable reasons for the country is hurt. I think we have to erations. nations to engage in armed conflict. The ask these questions. You have a ques- There being no objection, the mate- main thrust of its principles requires that a tion of basic rights such as counsel, rial was ordered to be printed in the military objective be pursued in such a way jury trial, and whatnot. Obviously, RECORD, as follows: as to avoid needless and disproportionate there are exceptions. We understand TRYING TERRORISTS AS WAR CRIMINALS suffering and damages. Sources of the law of that. But if the exception becomes the (By Jennifer Elsea, Legislative Attorney, war include international agreements, cus- American Law Division) tomary principles and rules of international rule, then all of us suffer. We have seen law, judicial decisions by both national and this in efforts to go after organized Summary: In the aftermath of the Sep- international tribunals, national manuals of crime and in other efforts. It is easy to tember 11 terrorist attacks on the World military law, treatises, and resolutions of push the envelope because we only need Trade Center and the Pentagon, the question various international bodies. it this time. of whether to treat the attacks as acts of At the risk of oversimplifying the concept, We have to ask what are the stand- war or criminal acts has not been fully set- three principles derived from the law of war tled. The purpose of this report is to clarify ards, what is the trigger for using this. may be applied to assess the legality of any the rationale for treating the acts as war use of force for political objectives. I have read the Executive order. It is crimes and the ramifications of applying the Military necessity. If the use of force is obvious it was thought about a lot. law of war rather than criminal statutes to justified, that use must be proportional in George Terwilliger, a former pros- prosecute the perpetrators. The discussion relation to the anticipated military advan- ecutor from Vermont and former Dep- focuses on the trial of alleged terrorists and tage or as a measure of self-defense. The uty Attorney General, is quoted today conspirators by a military commission rath- principle applies to the choice of targets, as saying a lot of these items have been er than the federal courts. weapons and methods. This principle, how- In the aftermath of the September 11 ter- around the Justice Department in both ever, does not apply to unlawful acts of war. rorist attacks on the World Trade Center and There can be no excuse of necessity if the re- Republican and Democratic adminis- the Pentagon, the question of whether to sort to the use of arms is not itself justified. trations—my words, not his—for a long treat the attacks as acts of war or criminal Humanity. Lawful combatants are bound time and are being dusted off. Some acts has not been fully settled. The distinc- to use force discriminately. In other words,

VerDate Mar 15 2010 03:29 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S11890 CONGRESSIONAL RECORD — SENATE November 15, 2001 they must limit targets to valid military ob- ness, punishing contempt, and accepting into the Constitution contains explicit limita- jectives and must use means no harsher than evidence certain depositions and records of tions. Aiding and abetting a hostile (but law- necessary to achieve that objective. They courts of inquiry. ful) force, however, may be distinguishable may not use methods designed to inflict Procedural Rules. Procedural rules and from conspiring to commit a war crime. needless suffering, and they may not target evidentiary rules are prescribed by the Presi- The broad delegation of authority to con- civilians. dent and may differ among commissions. vene military commissions makes a statu- Chivalry. Combatants must adhere to the Courts-martial are conducted using the Mili- tory claim unlikely to succeed. A defendant law of armed conflict in order to be treated tary Rules of Evidence set out in the Manual could argue that Congress, by passing com- as lawful combatants. They must respect the for Courts-Martial; however, these rules need prehensive anti-terrorism legislation that rights of prisoners of war and captured civil- not apply to trials by military commission. does not authorize trial by military commis- ians, and avoid behavior such as looting and Subject to the statutory provisions above, sion, implicitly withholds such authority. A pillaging. They may not disguise themselves the President may establish any rules of pro- similar argument failed in Ex Parte Quirin. as non-combatants. cedure and evidence he deems appropriate. However, the Supreme Court noted that the Although these principles leave a great Although there may be little judicial re- Espionage Act of 1917 and the Articles of War deal of room for interpretation, there can be view available to persons convicted by U.S. explicitly kept open concurrent jurisdiction little doubt, assuming such acts can be military commissions, it is surely necessary with military tribunals. viewed as acts of war, that the attacks of to provide for trials that will be fundamen- A last option would be to argue that the September 11 were not conducted in accord- tally fair under both U.S. and international military commission violated its own rules. ance with the law of war. Even if one con- standards regarding the application of the For such a challenge to succeed, the court siders the Pentagon to be a valid military law of war. Telford Taylor noted in evalu- would have to find that the military review- target, the hijacking of a commercial air- ating World War II war crimes trials: ‘‘It is ing authority committed an error which liner is not a lawful means for attacking it. of the first importance that the task of plan- probably affected the verdict. If the appeal Acts of bioterrorism, too, violate the law of ning and developing permanent judicial ma- were successful, the court would likely re- war, regardless of the nature of the target. chinery for the interpretation and applica- mand the case to the military authorities for Constitutional Bases for Establishing mili- tion of international penal law be tackled retrial. tary Commission. The Constitution empow- immediately and effectively. The war crimes f ers the Congress to define and punish viola- trials, at least in Western Europe, have been tions of international law as well as to estab- held on the basis that the law applied and RECLASSIFICATION OF SCRANTON- lish courts with exclusive jurisdiction over enforced in these trials is international law WILKES BARRE-HAZELTON, WIL- military offenses. United States law recog- of general application which everyone in the LIAMSPORT, AND SHARON MET- nizes the legality of creating military com- world is generally bound to observe. On no ROPOLITAN STATISTICAL AREAS missions to deal with ‘‘offenders or offenses other basis can the trials be regarded as judi- Mr. SPECTER. Mr. President, on an- designated by statute or the law of war.’’ cial proceedings, as distinguished from polit- other subject of great importance to Under the former Articles of War and subse- ical inquisitions.’’ quent statute, the President has authority to There is some historical precedent from Pennsylvania, on two amendments convene military commissions to try of- which an international norm regarding pro- which I am considering offering on the fenses against the law of war. Military com- cedural rights for accused war criminals stimulus bill, one relates to the reclas- missions could be convened to try such of- might be derived. The Nuremberg Tribunals sification of the Scranton-Wilkes fenses whether committed by U.S. provide a good starting point, as further re- Barre-Hazelton metropolitan statis- servicemembers, civilian citizens, or enemy fined by the International Criminal Tribu- tical area and also the reclassification aliens. A declared state of war need not nals for Yugoslavia and Rwanda. Perhaps the of the Williamsport metropolitan sta- exist. most recent embodiment of the requirements tistical area, and the reclassification of Precedent. Although the current crisis of the international law of war is to be found does not fit the typical mold associated with in the procedures of the not-yet-operational the Sharon metropolitan statistical war crimes committed by otherwise lawful International Criminal Court established by area. These areas’ hospitals are in dire combatants in obvious theaters of war, there the Rome Statute. straits because the Medicare reim- is precedent for convening military commis- The evidentiary rules used at Nuremberg bursement formulas allow them less sions to try accused saboteurs for conspiring and adopted by the Tokyo tribunals were de- compensation than that to which they to commit violations of the law of war out- signed to be non-technical, allowing the ex- should be entitled. side of the recognized war zone. In the World peditious admission of ‘‘all evidence [the Tri- This matter was considered near the War II case of Ex Parte Quirin, eight German bunal] deems to have probative value.’’ This end of the last Congress, and there saboteurs (one of whom was purportedly a evidence included hearsay, coerced confes- were quite a few areas which wanted to U.S. citizen) were tried by military commis- sions, and the findings of prior mass trials. sion for entering the United States by sub- While the historical consensus seems to have have a reclassification. All were omit- marine, shedding their military uniforms, accepted that the war crimes commissions ted. The pain for these areas in my and conspiring to use explosives on unknown were conducted fairly, some observers argue State has become more intense. An ap- targets. After their capture, President Roo- that the malleability of the rules of proce- propriate vehicle would be the stimulus sevelt proclaimed that all saboteurs caught dure and evidence could and did have some package because these reimbursement in the United States would be tried by mili- unjust results. For some, the perception is shortfalls have a direct bearing on the tary commission. The Supreme Court denied that ‘‘victors’ justice’’ was all that was economies of these three very impor- their writs of habeas corpus, holding that sought. tant areas. trial by such a commission did not offend the Assuming that ordinary procedural and There has been a great problem Constitution. evidentiary rules are unsuitable for the task, Power of the Military Commission. As a it will likely be necessary to adapt or de- which has resulted from the Balanced legislative court, a military commission is velop a more fitting set. The necessity to Budget Act of 1997, and these areas not subject to the same constitutional re- protect civil liberties will be seen to require have a much lower reimbursement rate quirements that apply to Article III courts. balancing with the need to protect vital na- than adjacent areas. For example, if Defendants before a military commission, tional security information and the public you take the Scranton-Wilkes Barre- like defendants before a court-martial, have safety. Hazelton area, they receive $6,010 in no right to demand a jury trial before a Possible Challenges. Although federal Medicare payments per case compared court established in accordance with rules courts do not have jurisdiction to review the to Monroe County, an adjacent county, decisions of legislative courts, a defendant governing the judiciary. There is no right of which receives $7,390, more than $1,380 indictment or presentment under the Fifth sentenced by a military commission may file Amendment, and there may be no protection a writ of habeas corpus claiming a violation more, an enormous differential. against self-incrimination or right to coun- of the law of war, the Constitution, relevant What is the result? The nurses and sel. While Congress has enacted procedures statutes, or military regulations. A chal- the medical personnel go from one area applicable to courts-martial that ensure lenge based on an interpretation of the law to the higher paid area. The Allentown basic due process rights, no such statutory of war is not likely to succeed. Because of area, again adjacent, receives $6,665 procedures exist to codify due process rights Congress’ power to define and punish viola- compared to the $6,010 for the Scran- to defendants before military commissions. tions of international law, and due to na- ton-Wilkes Barre-Hazelton area. The Congress has delegated to the President tional security implication, courts are likely Williamsport area, which is in the the authority to convene military commis- to defer to the political branches. Due proc- same region, is similarly disadvan- sions, set rules of procedure, and review ess claims are also unlikely to succeed. Case their decisions. This authority may be dele- law demonstrates the difficulties such a taged, and so is Sharon, PA. gated to a field commander or any other challenge would face. A U.S. citizen charged I ask unanimous consent that a 2- commander with the power to convene a gen- with aiding and abetting the foreign terror- page summary on reclassification of eral court-martial. Statutes authorize pros- ists might be able to argue that the charges these areas be printed in the CONGRES- ecuting persons for failure to appear as wit- against him amount to treason, for which SIONAL RECORD since there is relatively

VerDate Mar 15 2010 03:29 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY November 15, 2001 CONGRESSIONAL RECORD — SENATE S11891 little time remaining, and the sum- pitals to retain or recruit all the caregivers REHABILITATION, PRESERVATION, mary will explain in some greater de- that the communities require. Nearby re- AND IMPROVEMENT OF RAIL- tail the reasons, and also a copy of the gions, including Newburgh, Allentown and ROAD TRACKS proposed amendment which Senator Harrisburg, continue the Scranton skilled workforce. For Sharon, it must compete Mr. SPECTER. Mr. President, I wish SANTORUM and I are considering offer- with the Erie area to the North and Youngs- to make one more point before yielding ing when the stimulus package comes town to the West. the floor, and that is another amend- before the Senate. All of the hospitals in the Sharon MSA ment which I am considering offering There being no objection, the mate- compete with Youngstown for nurses, phar- on the stimulus package. That is an rial was ordered to be printed in the macists, radiology technicians, and other al- amendment which would add $350 mil- RECORD, as follows: lied health professionals. Youngstown pays lion for capital grants to be made by ECLASSIFICATION OF CRANTON ILKES nurses $2–$3 more per hour than hospitals in R S -W the Secretary of Transportation for the BARRE-HAZLETON, WILLIAMSPORT, AND Sharon, yet those hospitals receive nearly SHARON METROPOLITAN STATISTICAL AREAS the lowest area wage index in Pennsylvania rehabilitation, preservation, and im- Many of Northeastern Pennsylvania’s hos- (.850). Youngstown is a larger city/region provement of railroad tracks, including pitals faced operating losses over the last with a much higher area wage index. bridges, roadbed, and related track few years, a troubling reality felt all across An MSA reclassification for Sharon, PA is structures to short-line railroads. the country. In addition, the area is one of crucial if its hospitals are to maintain their Legislation has been pending in the the most aged communities in the country, ability to provide quality health care to its House of Representatives on this sub- therefore the region’s hospitals are ex- citizens. ject which has more than 100 sponsors. tremely dependent on Medicare reimburse- A National Solution is Still Years Away: Legislation is pending in the Senate ment. These hospitals cannot afford to wait for which has 7 sponsors. This would be a The region has also seen one of the most this. rapid and dramatic shifts to managed care in tremendous stimulus because it would The amendment we intend to offer seeks to the country: over the last five years, man- immediately put many people to work remedy this disparity. Our language would aged care grew from virtually no presence to on the reconstruction of the short-line reclassify for a period of three years the Wil- almost 50% of the commercially insured pop- liamsport MSA to the Harrisburg MSA: all of railroads in the short run, providing ulation and 20% of the Medicare population. the counties within Scranton-Wilkes Barre- very extensive jobs, and in the long While virtually no hospital in the nation Hazleton MSA into the Newburgh, NY MSA; run, by improving the infrastructure has been left untouched by the cost pressures and the Sharon MSA into Youngstown, OH. inflicted by BBA 97 and other factors, hos- which would be enormously helpful to pitals in the Scranton-Wilkes Barre-Hazle- the economy of Pennsylvania and simi- ton Metropolitan Statistical Area (MSA) and AMENDMENT NO.— larly to other areas where there are in the Williamsport MSA face a unique situ- (Purpose: To provide for the reclassification short-line railroads. ation. of certain counties for purposes of reim- At my request, the McFarren Group Both of these MSAs contain areas or bor- bursement under the medicare program) prepared an extensive analysis of pro- der on areas from which Geisinger Medical posed railroad costs to be included in At the end of title IX, add the following: Center, a 437 bed teaching hospital in the Federal stimulus package. Because Montour County, Pennsylvania, draws its pa- SEC. ll. THREE-YEAR RECLASSIFICATION OF of the shortage of time, Mr. President, tients—and more importantly, its workforce. CERTAIN COUNTIES FOR PURPOSES Due to the understandably high wage costs OF REIMBURSEMENT UNDER THE I ask unanimous consent that a limited of operating its large tertiary care facility, MEDICARE PROGRAM. portion of this report be printed: The Geisinger has been reclassified to be deemed (a) IN GENERAL.—Notwithstanding any executive summary and the third page part of the Harrisburg MSA. (Its original other provision of law, effective for dis- of the summary, together with a sum- classification was part of the rural area of charges occurring during fiscal years 2002, mary of factors in support of this Pennsylvania.) 2003, and 2004, for purposes of making pay- Therefore, Geisinger Medical Center is amendment and a copy of the amend- ments under subsections (d) and (j) of section ment itself. being reimbursed based on a wage index that 1886 of the Social Security Act (42 U.S.C. is currently more than 12% higher than the 1395ww) to hospitals (including rehabilita- There being no objection, the mate- wage indexes of the Scranton-Wilkes Barre- tion hospitals and rehabilitation units under rial was ordered to be printed in the Hazleton MSA and the Williamsport MSA. such subsection (j))— RECORD, as follows: This results in unsustainably low Medicare (1) in Columbia, Lackawanna, Luzerne, EXECUTIVE SUMMARY reimbursements within those MSAs, particu- Wyoming, and Lycoming Counties, Pennsyl- PROPOSED RAILROAD COSTS TO BE INCLUDED IN larly since the costs of living are similar to vania, such counties are deemed to be lo- THE FEDERAL ECONOMIC STIMULUS PACKAGE, those in Geisinger’s area. cated in the Newburgh, New York-PA Metro- OCTOBER 31, 2001 From 11/13/01 Citizen’s Voice (Hospitals’ politan Statistical Area; Background Numbers): Medicare Payment per case in (2) in Northumberland County, Pennsyl- Scranton/Wilkes-Barre/Hazleton—$6,010— vania, such county is deemed to be located in At the request of Senator Arlen Specter, compared to: Monroe County: $7,390; Allen- the Harrisburg-Lebanon-Carlisle, Pennsyl- the Keystone State Railroad Association town: $6,665; and Harrisburg: $6,359. vania Metropolitan Statistical Area; and conducted a survey of member and non-mem- The Scranton-Wilkes Barre MSA wage (3) in Mercer County, Pennsylvania, such ber Pennsylvania railroads to ascertain the index has been steadily falling, reduced from county is deemed to be located in the degree of infrastructure improvements need- 0.8578 last fiscal year to 0.8473. The actual Youngstown-Warren, Ohio Metropolitan Sta- ed across the Commonwealth’s rail system. wage index for the area is around 0.80, but tistical Area. Respondents were asked to provide informa- federal law does not permit an MSA to go tion related to project readiness, safety and (b) RULES.—The reclassifications made below the state’s rural rate, which will be infrastructure conditions, security and in- under subsection (a) shall be treated as deci- 0.8473. surance cost estimates, and estimates on the sions of the Medicare Geographic Classifica- Nursing Shortages Intensifies: the Hospital number of jobs that could be created if listed tion Review Board under paragraph (10) of Association of PA has identified Northeast projects were undertaken. PA as the area in the state with the worst section 1886(d) of the Social Security Act (42 Summary of Findings shortage of nurses. Moreover, other skilled U.S.C. 1395ww(d)), except that payments care givers remain in very short supply. shall be made under such section to any hos- Pennsylvania railroads responding to this These shortages drive up the cost of health pital reclassified into— survey indicate more often than 60% of the care and the need to increase wages—some- (1) the Newburgh, New York-PA Metropoli- short line and regional railroad infrastruc- thing which these hospitals have done. tan Statistical Area as of October 1, 2001, as ture is in need of extensive rehabilitation, Sharon, PA, in the Northwestern part of if the counties described in subsection (a)(1) including more than 170 bridges. Excluding Pennsylvania, faces similar difficulty hiring had not been reclassified into such Area the Bessemer & Lake Erie and Delaware & skilled workers, due to an unacceptably low under such subsection; Hudson railroads, both of which have heavy reimbursement rate and its need to compete (2) the Harrisburg-Lebanon-Carlisle, Penn- load infrastructures, the short line and re- with bordering areas which qualify for high- sylvania Metropolitan Statistical Area as of gional railroads are capable of handling the er wage indices. October 1, 2001, as if the county described in heavier 286,000-pound loads on only 70% of Sharon Regional Medical Center, UPMC subsection (a)(2) had not been reclassified their infrastructure. The funds needed to up- Horizon and United Community Hospital are into such Area under such subsection; and grade these lines and the related bridge in- located in the Sharon MSA. Sharon Regional (3) the Youngstown-Warren, Ohio Metro- frastructure will exceed many preliminary Medical Center is 1 mile from the Ohio bor- politan Statistical Area as of October 1, 2001, cost estimates. Many customers are begin- der and 12 miles from Youngstown, OH. as if the county described in subsection (a)(3) ning to demand the use of 315,000-pound cars, However, further reductions in the wage had not been reclassified into such Area which will dramatically escalate funding index will make it impossible for the hos- under such subsection. needed for these rail lines even further.

VerDate Mar 15 2010 03:29 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S11892 CONGRESSIONAL RECORD — SENATE November 15, 2001 The cost of most extensive bridge repairs nation’s steel industry since new rail would Class I system because it never generated can easily exceed $1 million each for smaller be purchased from domestic steel sources, as enough traffic to justify sufficient invest- spans. Short line and regional railroads also required in most government funded ment. With a lower cost structure and more indicate that more than 300 rail crossings are projects. Pennsylvania railroads responding flexible service, short line companies that in need of serious rehabilitation and repair. to this survey have painted a compelling pic- purchased the track have been able to keep Projects that could be undertaken to ad- ture for investment in rail infrastructure. these lines going. However, the revenue is dress Pennsylvania railroad infrastructure Attached is a detailed listing of projects still not high enough to make up for past needs total some $280 million. Of these that Pennsylvania railroads are prepared to years of neglect. projects, construction could be initiated on undertake, as well as an addendum per- Today, two factors have combined to bring 44% of them, totaling more than $120 mil- taining to railroad security. this situation to a head. First, the advent of lion, in the next six months. the heavier 286,000-pound cars that are be- While it may be difficult to quantify, a * * * * * coming the standard of the Class I industry Any economic stimulus package should in- clear correlation undoubtedly exists between require substantially higher investment in clude expenditures that will initiate further derailments and rail infrastructure condi- the track. Second, as the Class I’s put a economic activity and that will produce a tions. Railroads indicated that more than 350 greater premium on speed and precisely long-term economic benefit. Any such stim- derailments occurred during the past twelve scheduled operations, the short line railroads ulus must be timely and result in meaningful months resulting in only nine worker inju- must meet these higher standards or be cut ries. This is a tremendous testament to the product development rather than merely off from the national system. railroad industry’s excellent safety record. A being an additional burden on future govern- Transportation is at the heart of industrial majority of the derailments occurred at low ment spending patterns. production and energy generation. Railroads Many transportation authorities have con- speeds in yard and switching operations. It is transport more than 60% of coal used by gen- tinually pointed to the dramatic need to in- estimated that more than 540,000 carloads of erating facilities and are a major mover of vest in our major transportation infrastruc- hazardous materials cross Pennsylvania’s automobiles, industrial chemicals and min- ture. These improvements in most cases are rail system each year. ing products. The short line and regional In the aftermath of the tragic events of already part of the strategic transportation railroads are the feeders and supporting September 11, business and government are plan. The projects, which we have analyzed players in this transportation network and taking a much harder look at ways to im- and produced for your consideration, have al- the network is only as strong as its weakest prove the security of the nation’s transpor- ready been engineered and prioritized by the link. respective railroad companies. These tation system. A group of Class I railroads POINTS RELATED TO THE STIMULUS PACKAGE projects can be initiated with very short no- has already met to discuss a series of secu- AND SECURITY rity measures. Any efforts undertaken by tice and the economic stimulus will be im- mediate. The additional employment will be Money spent on railroad capital programs Class I railroads will also need to be ad- can be spent immediately. Replacing rails dressed by regional and short line railroad needed immediately. From a national security perspective, rail- and ties and rebuilding equipment is an on- systems. The costs of augmenting manpower going process for railroads. The engineering at critical points along the system can be ex- roads are one of the best ways to produce a more secure system for transporting dan- and planning were done long ago. Unlike tremely prohibitive to many small and me- highways, railroads control their rights-of- dium-sized operations. gerous or hazardous products. By further im- proving the infrastructure, the overall rail- way and the timing of their traffic. To dou- The September 11 disaster has already es- ble or triple the number of rails and ties in- road operating system can become even safer calated insurance costs in most sectors. Sev- stalled requires virtually no lead-time. The and more difficult to disrupt by any terrorist eral railroads have been warned that their short lines national association surveyed its group. These needed changes and the addi- risks and their rates will be re-evaluated. entire membership following September 11th tional security measures will add substantial Some railroads may not even qualify for any and found that the short line industry could costs to industry operations but the changes affordable insurance coverage. It is conceiv- spend over $400 million on infrastructure im- and improvements are long lasting and a able that railroads receiving funding for in- provements in the next three months and fraction of the cost incurred in other areas. frastructure projects will be forced to spend over $1.2 billion in the next six months. Over an equivalent amount in additional security Transportation is the centerpiece of indus- trial production and energy generation. Rail- 6,000 workers would be directly employed for and insurance costs in coming years. An ad- the three month period and nearly 9,500 dendum provides an overview of current in- roads transport more than 60% of coal used by generating facilities and some 70% of workers would be directly employed for the surance conditions, as it relates to the rail- six-month period. These jobs would be in ad- road industry. motor vehicles from the factory to a regional distribution facility. Some 30,000 miles of the dition to the railroad’s in-house work forces There is no doubt that investment in the and would not include additional workers in nation’s railroad infrastructure is war- railroad network is part of the strategic na- tional defense corridor system. The regional the tie and rail supply industry. ranted. The American Short Line and Re- A large portion of this investment involves and short line railroads are the feeders and gional Railroad Association (ASLRRA) re- the purchase of rail and in testimony before supporting players in this overall transpor- cently surveyed members nationwide and re- the Senate Commerce Committee on Novem- tation network. The network is only as ported that the nation’s short line and re- ber 1 the short line association president in- strong as its weakest link. Therefore, the gional railroads could invest $1.2 billion in dicated that the short lines have agreed they $280 million of projects for Pennsylvania infrastructure upgrades in the next six will purchase only US made rail with this short line and regional railroads is an abso- months if the financial resources were avail- money. able. KSRRA’s findings in Pennsylvania cer- lute priority in any national economic stim- One of the recommendations being made tainly bear this out. The most modest fore- ulus package. by security experts in the wake of September casts for the movement of freight by the 11th is that we find ways to transport haz- FACTS IN SUPPORT OF PROPOSED SPECTER- Federal Highway Administration (FHWA) in- ardous materials around heavily populated SANTORUM AMENDMENT dicate that increases of up to 70% can be ex- areas. The nation’s short line railroads offer pected in the Northeast over the next ten GENERAL POINTS a ready-made transportation network that years. A fraction of this type of growth The amendment would provide $350 million bypasses our nation’s most heavily popu- would severely congest the national trans- in track rehabilitation funds for short line lated areas. Today, 20 percent of all short portation network unless investments are railroads. It would be distributed based on line customers ship hazardous materials. made today. Railroads remain the safest and the criteria established in S. 1220, pending Keeping America’s light density railroad most viable mode for transporting hazardous legislation that would authorize this expend- lines connected to the national railroad sys- materials, coal, industrial raw materials and iture. This legislation was moving quickly tem is important under any circumstances. large quantities of goods. It is clear that an through the process prior to September 11th. Today it is even more important. The events investment in an improved rail infrastruc- It was passed unanimously by the House T&I of September 11th have caused major disrup- ture is an investment in the country’s eco- Committee and awaiting floor action. It has tions in all our transportation systems. As nomic future. strong bipartisan support in the Senate in- we sit here today, the federal government is The funding of railroad infrastructure cluding sponsorship by the Chairman and determining how to best inspect truck cargo projects also creates powerful economic Ranking Member of the Senate authorizing and is surveying all of America’s railroads to stimuli as more than 650 new construction subcommittee of jurisdiction. It is supported determine the location of critical infrastruc- and maintenance jobs could be directly cre- by the Class I railroads and by rail labor. ture assets such as bridges and tunnels and ated if the attached projects were funded. There are over 500 Class II and III railroads how and where we move hazardous materials This does not include the hundreds of addi- that together operate approximately 50,000 near large population centers. Today, Amer- tional jobs that would need to be added by miles of track, or just under one third of ica’s entire transportation infrastructure is railroad tie manufacturers, steel rail manu- America’s railroad route mileage, and em- under duress and we should be concerned facturers, the stone industry and other addi- ploying approximately 25,000 people. that America’s entire transportation infra- tional suppliers. Typically, a multiplier of The short line industry keeps the less pop- structure is up to the task. four is applied to measure the overall eco- ulated areas of the country connected to the September 11th has already escalated in- nomic impact. These infrastructure projects national railroad main line network. It does surance costs in many sectors. Several rail- would also be of tremendous benefit to the so over track that was very marginal in the roads have been warned that their risks and

VerDate Mar 15 2010 03:29 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY November 15, 2001 CONGRESSIONAL RECORD — SENATE S11893 their rates will be re-evaluated. Some rail- BIOLOGICAL WEAPONS CONVEN- Negotiations began in 1995 on how to roads may not even qualify for affordable in- TION-NUCLEAR ARMS TREATIES add a binding protocol to the Biologi- surance coverage. As small railroads are hit Mr. BYRD. Mr. President, the Na- cal Weapons Convention to create a re- with higher and higher insurance costs, they gime that would verify compliance will have less and less to invest in needed re- tion’s attention is focused on the habilitation. threat of biological weapons. The per- with the treaty. Parties to the Conven- tion would thereby submit themselves POINTS RELATED TO PENNSYLVANIA nicious nature of these types of weap- to the same kinds of inspections that Sixty percent of Pennsylvania’s short line ons has been shown in the anthrax- and regional railroad infrastructure is in laced mailings that were sent to the of- are conducted at nuclear facilities need of extensive rehabilitation, including fice of the majority leader, TOM under the Nuclear Non-Proliferation more than 170 bridges. Over 300 rail crossings DASCHLE, NBC news in New York, and Treaty and chemical facilities under require significant rehabilitation. Excluding American Media in Florida, which have the Chemical Weapons Convention. The the Bessemer & Lake Erie and Delaware & resulted in contamination of a number purpose of these inspections would be Hudson railroads, both of which have heavy of post offices in Washington, D.C., to assure the whole wide world that po- load infrastructures, almost one third of tentially dangerous microbes, which Pennsylvania’s short lines and regionals can- New Jersey, Florida, and perhaps else- where. are needed to conduct scientific and not effectively handle the heavier 286,000- medical research, are handled in a safe pound cars that are becoming the new stand- One question is on all American’s ard in the industry. minds: how can we defend ourselves manner, and are not being diverted to A recent survey of the state’s short lines against a threat that is literally micro- nefarious purposes. Representatives at the last con- indicate that infrastructure needs total some scopic? In the days of the Cold War, we $280 million, and over 40% of those projects ference on the Biological Weapons Con- became accustomed to being able to could be initiated in the immediate future. vention, which took place in July, quantify the threats posed to the More than 540,000 carloads of hazardous hoped to gain consensus on the final United States: we could count the materials cross Pennsylvania’s rail system text of the protocol, which may open each year. number of Soviet missiles, bombers, for signature within weeks. The results The most modest forecasts for the move- tanks, and soldiers, and respond by in- of that conference were disappointing. ment of freight by the Federal Highway Ad- creasing the capabilities of our own Rather than negotiating toward the ministration indicate that increases of up to military. 70% can be expected in the Northeast over resolution of many outstanding issues But now, the threat to our security the next ten years. This growth will severely on the protocol, the Bush Administra- has changed. We can not quantify this congest the national transportation network tion took the view that no protocol threat and we can not track its move- unless investments are made today. Rail- would be preferable to a negotiated roads remain the safest and most viable ments until it might be too late. Build- protocol. Like much of the world, I was mode for transporting hazardous materials, ing up our military will not affect our left wondering whether this Adminis- coal, industrial raw materials and bulk com- security from biological weapons. We modities. Investment in rail infrastructure is tration takes arms control seriously. must adjust our thinking on how to I am pleased to see that on November an investment in the country’s economic fu- deal with these abhorrent weapons of ture. 1, the Administration unveiled a num- pestilence. ber of proposals to complement the Bi- AMENDMENT NO.— Mr. President, remember that Jesus ological Weapons Convention. These (Purpose: To provide additional funding for said: You shall hear of wars and rumors voluntary measures are well-inten- capital grants for rehabilitation, preserva- of wars, but the end is not yet. For na- tioned and they make sense. However, tion, or improvement of railroad track of tion will rise against nation and king- they do not go far enough. class II and class III railroads) dom against kingdom. There will be I am wary of addressing our urgent At the appropriate place, insert the fol- famines and pestilences and earth- and serious national security concerns lowing: quakes. SEC. . There is appropriated to the De- simply through voluntary measures by Pestilences, that is what I am talk- foreign countries. With no formal mul- partment of Transportation for the Federal ing about; germ warfare, viral warfare, Railroad Administration for fiscal year 2002, tilateral protocol to spell out exactly out of any funds in the Treasury not other- anthrax. Building up our military, I what each country’s responsibilities wise appropriated, $350,000,000 for capital said, will not affect our security from are, I fear that the future of the inter- grants to be made by the Secretary of Trans- these pestilences. We must adjust our national ban on biological weapons will portation for rehabilitation, preservation, or thinking, I say again, on how to deal be a patchwork quilt of full compli- improvement of railroad track (including with these abhorrent weapons of pes- ance, non-compliance, half-measures, roadbed, bridges, and related track struc- tilence. tures) of class II and class III railroads. and more talk and less action. This We do not yet know for certain could ultimately leave us even less se- Funds appropriated by the preceding sen- whether the anthrax attacks were car- tence shall remain available until expended. cure from these horrific weapons. ried out by foreign or domestic agents, There are other important treaty The PRESIDING OFFICER. The Sen- by someone across the seas or someone ator from Nevada. matters before our country. We are in our midst. We also do not know closing in on an agreement with Russia Mr. REID. We are recessing at 2 p.m. when the next biological weapons at- Has the Senator completed his state- for sharp reductions in our nuclear tack might happen, what type of germs stockpiles, and negotiations will con- ment? or viruses might be used, or who might Mr. SPECTER. I have. I thank the tinue on altering the Anti-Ballistic be planning it. But the U.S. must take Chair and yield the floor. Missile Treaty of 1972 to allow in- Mr. REID. Mr. President, I ask unan- action. The time is right now, in the creased national missile defense test- imous consent that at 4 p.m. Senator midst of intensified international con- ing. These deals, if concluded, would be demnation of the use of biological BYRD be recognized to speak in morn- a major development in our relation- ing business. weapons, to form an international re- ship with Russia and have a major im- The PRESIDING OFFICER. Without gime to eliminate the manipulation of pact on geopolitics. The strategic arms objection, it is so ordered. nature for violent purposes. of the two biggest nuclear powers Over 140 countries have signed the f would be cut to between 1,700 and 2,200 Biological Weapons Convention of 1972. warheads, which is less than a third of RECESS It is one of the simplest arms control our present level. We have not had as The PRESIDING OFFICER. Under treaties in existence. Parties of the few as 2,000 strategic warheads in our the previous order, the Senate stands treaty agree not to develop or retain nuclear arsenal since 1955. in recess until 4 p.m. any biological toxins or agents that are I am not against reducing the nu- Thereupon, the Senate, at 1:59 p.m., to be used for other than peaceful pur- clear stockpile. I am not against reduc- recessed until 3:59 p.m. and reassem- poses. There are no means to verify ing the number of missiles, the number bled when called to order by the Pre- this binding commitment, but the Con- of warheads. I am not against that. But siding Officer (Mr. JOHNSON). vention has succeeded in its limited as important as this agreement would The PRESIDING OFFICER. Under purpose by confirming among most of be, I am shocked by the President’s the previous order, the Senator from the world that biological weapons are view that an agreement on arms reduc- West Virginia is recognized. abhorrent to all mankind. tions need not be on paper. Legally and

VerDate Mar 15 2010 03:29 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S11894 CONGRESSIONAL RECORD — SENATE November 15, 2001 technically he is right. It need not be what his successor might say. Or who agreements negotiated by the Presi- on paper. But, Mr. President, it ought knows how the successor to Mr. Putin dent. Senate approval of important to be on paper. The President said that might feel about it. A written treaty treaties, such as a protocol to the Bio- he was content to conclude arms reduc- could provide clear answers to each of logical Weapons Convention or a new tion talks with nothing more than a these important questions. strategic agreement with Russia would handshake. Nothing more than a hand- It would be a real mistake to make strengthen the Chief Executive’s hand shake. such an important international agree- to negotiate from a position of Now, that is troubling me. If I sell a ment in any other form, I think, than strength on other international mat- piece of property or if I buy a piece of a treaty. We do not need fly-by-night ters, such as the Kyoto Protocol, pos- property, I will shake hands with the arms control. We need arms control sible NATO expansion, and future arms person who buys my property. I will measures that are carefully examined control treaties. shake hands with the person from to support our national security. We do So I say that legally and technically, whom I buy property. But there will not need hush-hush agreements with the President might not need to have it also be a deed and it will be registered other countries on our nuclear weap- written on a piece of paper. Legally at the courthouse in the county where ons. We need public confidence in our and technically, he may be able to do it the property exists. There will be a military and foreign policy. Lacking with a handshake. handshake—that is fine. A handshake the full confidence of the public, an in- Let me say again that I am not pro- carries with it the indication of honor. formal agreement on nuclear arms and posing that we shouldn’t reduce our ‘‘It is an honor to deal with you—it is national missile defense is not worth nuclear weapons stockpile. I am not a pleasure, I have enjoyed doing busi- the paper that it is—or is not—written proposing that at all. I think the MX ness with you.’’ But it is that deed that on. missile, for example, is old, and we is in writing that assures my grand- President Franklin D. Roosevelt once shouldn’t continue to keep that children, and their children if nec- said, ‘‘Treaties are the cornerstones on around. But a handshake is not enough. essary, that that property, that trans- which all relations between nations I don’t rest easy. Do you, Mr. Presi- fer of property is on record. must rest.’’ Treaties are useful in dent? I am saying to the Presiding Offi- So I say again, the President said—he clearly elaborating the responsibilities cer, and I am saying to other Senators, is reported to have said that he was of each party, and formal ratification would you rest easy with just a hand- content to conclude arms reduction of treaties indicate a country’s full ac- shake in a matter of this nature? talks with nothing more than a hand- ceptance of those responsibilities. The The two issues I have just discussed, shake. Are you? Are you, the people Founding Fathers of this country The the Biological Weapons Convention and who are watching this Senate floor Founding Fathers who wrote this Con- our strategic situation with regard to through those electronic eyes behind stitution and made reference to trea- Russia, are very important to the secu- the Presiding Officer, are you content? ties in that Constitution, understood rity of our country. The United States Are you content that arms reduction that, and that is why they secured for must take a leadership position on talks be concluded with nothing more the Senate advice and consent respon- these issues to crack down on the use than a handshake? sibilities to any treaty made by the of germs and viruses as weapons, and We are closing in on a historic com- President. to clarify our relationship with the na- pact, and I cannot understand why this We should not turn away from this tion that has emerged from our Cold agreement should not be done as a for- treaty-making process for the simple War opponent. These matters cannot mal written treaty. That would require convenience of the executive branch. rest on voluntary measures or unwrit- a two-thirds vote, yes. But a simple The Kings of England make treaties. ten pacts. I urge the Administration to handshake leaves many questions un- The Kings of England have always pursue formal agreements on these answered. I would like to see one or made treaties. But this country has no issues in order to recognize their im- both Houses of the Congress having King. This Republic has no King. Gen- portance to Americans and the world. some say in that, and backing up that tlemen’s agreements on matters as im- Mr. President, I yield the floor. handshake, if needed, with their votes, portant as international security or I suggest the absence of a quorum. the representatives, the elected rep- the control of weapons of mass destruc- The PRESIDING OFFICER. The resentatives of the people. tion are simply not sufficient to inspire clerk will call the roll. A simple handshake leaves many the confidence of the public in this or The assistant legislative clerk pro- questions unanswered. What will hap- other countries. By making treaties, ceeded to call the roll. pen to the nuclear warheads once they with the advice and consent of the Sen- Mr. BYRD. Mr. President, I ask unan- are removed from their missiles? I ate, the United States shows itself to imous consent the order for the must note that in this year’s budget re- be a reliable ally to our friends, and a quorum call be rescinded. quest, the Administration cut more principled actor to our opponents. The PRESIDING OFFICER. Without than $131 million from the programs We should also consider the Presi- objection, it is so ordered. that keep these powerful weapons from dent’s role in conducting our foreign f falling into the wrong hands. How will policy, and his role as commander-in- we verify? How will we verify that Rus- chief. Is his hand in conducting future THANKSGIVING sia carries out its arms reductions, and negotiations with Russia, in the case of Mr. BYRD. Mr, President, nearly 4 how will Russia, how will President the ABM Treaty and nuclear arms re- centuries ago, a courageous little Putin verify that we carry out ours? duction, or with the other nations of group of people left their homeland, That we are carrying out our arms re- the world, in the case of the Biological boarded a small, flimsy sailboat—it duction? It was Ronald Reagan himself Weapons Convention, the Kyoto Pro- was not a steamboat; it was a sailboat, that said, ‘‘Trust, but verify.’’ In other tocol, and a host of other treaties, a sail ship—and they journeyed across words, yes, shake hands. But verify. strengthened if he concludes these a mighty ocean, and settled in an in- And what will happen to the agree- types of agreements without the advice scrutable unfriendly wilderness. They ment when President Bush and Presi- and consent of the Senate? did all of this, took all of these risks. dent Putin leave office? President Bush Is his hand strengthened if he doesn’t Think about the risks that they under the Constitution can serve 3 have the advice and consent of the U.S. took. They did not have any cell more years after this year, and if he is Senate standing behind him? No. I phones. They did not have any radios. then elected again, he can serve 4 more don’t think his hand would be They did not have any weather predic- years. But who knows what the atti- strengthened. I would think just the tors. They did not have any newspapers tude of his successor will be. If there is opposite. to tell them what might lie ahead or no treaty, no formal agreement in Senate approval or ratification of im- what the weather conditions might be which this Senate, or on which the portant international agreements is a 24 hours away. They did not have any Senate and House—whichever type of signal to all the world that our nation hospitals nearby. But they had faith. agreement it might be—has been able not just a branch of our government They had the guiding light of God’s to put a stamp of approval, who knows approves of and will carry out those word. Many of them took all these

VerDate Mar 15 2010 03:29 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY November 15, 2001 CONGRESSIONAL RECORD — SENATE S11895 risks so that they could go to church, the fundamental, the basic principles other, and with the future of man- the church of their choice. Think about of democracy in America, namely a be- kind.’’ it. How many of us today have dif- lief in self government, the rule of law, Thanksgiving has become one of ficulty getting up on Sunday morning and government by mutual consent. America’s oldest and most beloved in order to go to church? I do. Ah, how The Pilgrims had also established holidays. It is one of our most impor- I like to lie in bed on Sunday morning. that the government of their new world tant holidays. It has become a day de- My little dog Billy gets me up many would be a government under God. The voted to turkey, mashed potatoes, and times, or that alarm clock does. But I Mayflower Compact made this intent cranberries. I can tell these pages to like to go back to bed on Sunday morn- perfectly clear as it read, in part: savor that day when they can meet at ing. Can’t do it on Monday, you see. In the name of God, amen, we whose names mom’s house and have all these Can’t do it on Tuesday. But Saturday are underwritten . . . Having undertaken for goodies. They are not going to and Sunday—ah, Sunday. the Glory of God . . . Do by these Presents, Shoney’s or some other restaurant. How many of us do not like to walk solemnly and mutually in the Presence of They are going to eat with mother or those few blocks or drive those few God and one another, covenant and combine grandmother, with their parents, with miles to go to church? But here were ourselves together into a civil Body Politik, their brothers, with their families. for our better Ordering and Preservation. It has become a day devoted to tur- the Pilgrims, crossing a vast ocean— ... 2,500 miles, 3,000 miles—a vast body of There you have it. These were our key, mashed potatoes, cranberries, water, facing the darkest of unknowns. forebears. The next year, these same family togetherness, football games, They did not know what would lie in men and women established the custom parades, and the beginning of the wait for them. They knew it would be of gathering together each year to ex- Christmas holiday season. But it also a long time before they could get back press their gratitude to God for pro- remains a day that should be devoted home, and perhaps there would not be tecting them, for the harvests that to God and country because it always friendly winds that would bring their their labors had brought forth in the has been. During the American Revolution, fol- sail ships back home. They faced the new land, and for the preservation of lowing the important American victory darkest of unknowns just to preserve their community. over the British at the Battle of Sara- the sacred right to worship as they In the middle of October of 1621, a toga in October 1777, which marked a pleased, or not to worship, to go to this group of hunters sent out by Governor turning point in the war, the Conti- church or that church, the church of Bradford brought back a great store of nental Congress approved a resolution their choice. Many of them came for wild turkeys. I can just see them. They proclaiming December 1 as a day of that reason only. wouldn’t go the back streets with this ‘‘Thanksgiving and praise.’’ You see, Stop and think about it. Doesn’t one big bundle of turkeys they had shot. our fathers did not forget. Our fathers stand in awe, absolute stark awe, as No, they would go the front street, and mothers remembered the great God one thinks of the courage of those men wouldn’t they? They would go right of heaven. They remembered the God and women to strike out across the down front street so that everybody who had watched over them through stormy deep, in awe of their courage could see the turkeys they had bagged, that perilous trek across the deep and their devotion to God? One cannot a great store of wild turkeys. When waters and had protected them in their help but be awed by that courage that these were added to the collection of homes and the forests, had provided they had to go against odds, to face lobsters and clams and fish and corn food and sustenance for them. They re- hunger and deprivation and danger, to and green vegetables and dried fruits membered. They gave thanks to him. be away from their loved ones there in that the community had collected, the the British Isles or in the Netherlands Following the establishment of the Pilgrims had the makings of a great new Government of the United States or in Germany or in France or Italy, or feast. Hot diggity dog, they had it, wherever, to leave those friends and in 1789, President George Washington didn’t they. They had something good issued a ‘‘Thanksgiving Proclamation’’ relatives, those loved ones, perhaps for- to eat. Yes, indeed. So they invited ever, not knowing whether they would designating Thursday, November 26, as their neighbors to join them in a day of a ‘‘day of public thanks-giving and ever in this world see those loved ones, celebration and worship and in a com- those friends, those acquaintances prayer to be observed by acknowl- mon giving of thanks. edging with grateful hearts the many again. Two years later, in 1623, the Pilgrims The journey was not easy. Turbulent favors of Almighty God.’’ This is made this day of thanks, feasting, and weather, including rough winds and George Washington. This isn’t ROBERT worship a tradition. The spirit of that strong currents, forced the Pilgrims to BYRD. This is George Washington, our glorious day, which some people recog- anchor at Cape Cod, MA, far north of first President, the greatest of all, nize as the first official Thanksgiving, their destination and well outside the George Washington. ‘‘By acknowl- was captured in a proclamation attrib- boundaries of their patent. This meant edging with grateful hearts,’’ he said, uted to Governor Bradford. That proc- that, once on land, there would be no ‘‘the many favors of Almighty God, es- lamation read in part—let us read it legal authority or government over pecially by affording them an oppor- together: them. tunity peaceably to establish a form of Therefore, before disembarking, the Inasmuch as the Great Father has given us government for their safety and happi- Pilgrim leaders assembled together all this year in an abundant harvest of Indian ness.’’ Those were George Washington’s corn, wheat, peas, squashes and garden vege- the adult men who made the journey tables, and made the forest to abound with words. At President Washington’s re- on the Mayflower in order to formulate game and the sea with fish and clams, and quest, Americans assembled in church- a government. inasmuch as he has . . . spared us from the es on the appointed day and thanked It was a covenant. One might call it pestilence and granted us freedom to worship God for his blessings. a contract. I prefer to call it a cov- God according to the dictates of our own One thing, if I forget all else, that I enant. Drawing upon their church cov- conscience, now I, your magistrate, do pro- will always remember about President enant which vested religious authority claim that all ye Pilgrims, with your wives Eisenhower is this: In his first inau- in the congregation, they established a and ye little ones, do gather at ye meeting gural address, he, Dwight D. Eisen- house, on ye hill, between the hours of nine form of self-government. and twelve in the daytime on Thursday, No- hower, prayed. In his first inaugural It seemed simple enough, but little vember ye 29th, of the year of our Lord one address, President Eisenhower prayed. could these men aboard the Mayflower thousand six hundred and twenty-three, and I shall never forget that, and I shall that fateful November night in 1620 the third year since ye Pilgrims landed on ye never fail to honor him for that. have realized the mighty forces that Plymouth Rock, there to listen to ye Pastor Dwight D. Eisenhower prayed a prayer they were unleashing. By binding and render Thanksgiving to ye all Almighty in his first inaugural address. themselves into a ‘‘civil body politic,’’ God for all his blessings. During the American Civil War, fol- by giving themselves the power to ‘‘Thanksgiving day,’’ wrote President lowing the bloody battle of Gettysburg enact laws for the common good, and John Kennedy, ‘‘has ever since been that marked a turning point in that obligating themselves to obey such part of the fabric which has united war, President Abraham Lincoln asked laws, the Pilgrims were establishing Americans with their past, with each the people of the United States to set

VerDate Mar 15 2010 03:29 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S11896 CONGRESSIONAL RECORD — SENATE November 15, 2001 aside the last Thursday of November In later time should play like part takes to develop a limited missile de- ‘‘as a day of thanksgiving and praise to For our posterity. fense. Obviously, Russian officials have our beneficent Father.’’ This was Lin- Then fretful murmur not they gave heard him, and they understand his de- So great a charge to keep, coln, not ROBERT BYRD. ‘‘In the midst Nor dream that awestruck time shall save termination to proceed. of a civil war of unequal magnitude and Their labour while we sleep. But—and it is a big but—President severity,’’ President Lincoln pro- Dear-bought and clear, a thousand year Putin, in his discussion with some of us claimed the country should take a day Our fathers’ title runs. Senators and in his public statements, to acknowledge—listen to his words— Make we likewise their sacrifice, has made it clear that he still con- Defrauding not our sons. the ‘‘gracious gifts of the most high siders the ABM Treaty a critical ele- God, who, while dealing with us in Mr. President, I yield the floor. ment in the agreements that govern anger for our sins, hath nevertheless The PRESIDING OFFICER (Mr. DAY- strategic relations between the United remembered in mercy.’’ TON). The Senator from Delaware is States and his country. recognized. Two towering Presidents, Wash- President Bush and President Putin ington and Lincoln, humbled them- f seem to have achieved a personal rap- selves to call upon God’s name and to SIGNIFICANT STRATEGIC ISSUES port over the last 6 months that bol- give him thanks. sters President Putin’s confidence that This year, as was 1863, has been a Mr. BIDEN. Mr. President, I com- pliment the distinguished leader—and we mean no harm to Russia. I have said year of tragedy and adversity for our before, somewhat facetiously but only Nation. We again find ourselves at war. he is still my leader—the chairman of the Appropriations Committee, Sen- somewhat, that as a student of his- Because of this, on this Thanksgiving, tory—although not to the extent of my as in 1863, there will be too many ator BYRD, on his speech and his re- membrance relative to Thanksgiving. friend from West Virginia, and I mean empty chairs at the table. Neverthe- that seriously—I cannot think of any less, as in 1863, we should recognize I also rise to compliment him on his speech that I only heard in my office Russian leader, other than a tsar Peter that there is so much for which to be the Great, who looked further west thankful. relating to strategic doctrine and stra- tegic weapons. Quite frankly, I am a than this gentleman, Mr. Putin, seems While I recognize that today, as in to be looking. 1863, we live in a time of uncertainty little embarrassed. I thought he was and danger, we should all be thankful going to make the Thanksgiving He seems to have made a very funda- that the American people have the speech first. I wished to be here for his mental and significant decision that steadfastness and the determination to comments on what is going on now in the future of his country lies in the move forward. Crawford, TX, with President Bush and West. He has taken some political While I recognize that many young President Putin. chances at home. How significant they American men and women will spend Today, I think we all agree we have are, we do not know, but nonetheless, this holiday in harm’s way protecting an opportunity to reach a reasonable he has, to use the vernacular, stiffed our country and protecting the values agreement with the Russians on the both the browns and the reds, the na- we hold dear, we can all be thankful we three most significant strategic issues tionalists and the former Communists, do have the best, the bravest, and the of our day: missile defense, strategic in making such a dramatic statement most determined Armed Forces—and arms reductions, and nonproliferation. about his intentions to live and thrive always have had—in the world, Armed Senator BYRD and I and others have in the West. He has even dismantled Forces that are now fighting the had a chance to meet with Mr. Putin in Russia’s listening post in Cuba as a scourge of terrorism. I am thankful we a larger group. Based on private discus- demonstration of the lack of feeling of live in a country that can confront a sions with him and on reports of what hostility toward the United States. crisis with strength and moral cer- he has said in his meetings with Presi- I will say that President Bush has tainty, without forcing us to abandon dent Bush, it seems as though genuine succeeded in communicating to the the very principles and values that we progress has been made in the summit President of Russia that we mean no hold most dear. this week between President Bush and harm; that the Cold War is over. In Like President Washington, I am President Putin. fact, Secretary Powell said in Asia that thankful for ‘‘the many favors of Al- I respectfully suggest—and I believe the post-Cold War is also over. This is mighty God,’’ including a government the President would probably agree— the opportunity for a fundamental new that ensures our ‘‘safety and happi- that much more needs to be done. It beginning. But the beginning does not ness.’’ seems to me that, in conjunction with necessarily mean the end, and clearly Like President Lincoln, I am thank- what Senator BYRD said earlier, it is to Putin it does not mean the end, to ful for the ‘‘gracious gifts of the most vital for us to continue to make the ABM Treaty. President Putin ap- high God, who, while dealing with us in progress, and it is equally vital that pears to have internalized President anger for our sins’’—and there are the United States refrain from actions Bush’s assertion that he is not an many—‘‘hath nevertheless remembered that would make further agreements enemy and that Russia is not an mercy.’’ on these vital issues difficult, if not enemy—but President Putin is still un- Finally, I am thankful for those men impossible. willing to bend the ABM Treaty. President Bush has made clear—in and women, who, 381 years ago, had the He is willing, however, to let the the ten months since he has been Presi- courage, the faith, and the devotion to United States proceed with the testing dent—his determination to proceed on God to challenge the most difficult and and development of missile defense, so the development of a limited missile dangerous of journeys and face the long as the ABM Treaty remains in defense system, despite any limitations darkest unknown. They left friends and force. That seems to me to be a sen- in the Anti-Ballistic Missile Treaty of homes and warm hearths to launch out sible arrangement. 1972. Now, we have had very conflicting upon a dangerous, deep journey, led The part that gets difficult is the and guided only by the faith they had accounts from his representatives in the administration before the Intel- part to which the Senator from West in a higher power and a desire to create Virginia spoke. If, in fact, we are, in a new home where they could go to the ligence Committee, the Armed Services Committee, and the Foreign Relations practical terms, about to amend the church of their choice. Thank God for ABM Treaty—this is a government them. Committee as to whether or not they were ‘‘prepared to break out of the with equal branches—that is something On this Thanksgiving, let us remem- about which we in the Senate get to ber: ABM treaty’’ based on planned testing, or needed testing, to further determine have a say. We should be in on that Our fathers in a wondrous age, the feasibility of a limited missile de- deal, as Russell Long used to say. That Ere yet the Earth was small, is a deal we should be in on. Ensured to us an heritage, fense. And doubted not at all But one thing has come through con- I am very happy the President ap- That we, the children of their heart, sistently: President Bush has stated pears not to be intent at this moment Which then did beat so high, his determination to do whatever it on withdrawing from the ABM Treaty,

VerDate Mar 15 2010 03:29 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY November 15, 2001 CONGRESSIONAL RECORD — SENATE S11897 which I think would be a tragic mis- 3 years. For great countries to have keep these treaties, and Lord only take—not only substantively as it re- such fundamental decisions rest upon knows what they are doing, and we lates to arms control but diplomati- personal assurances between two hon- have to build this national missile de- cally as it relates to our relations orable men is not sufficient—not be- fense. That was only in January of this around the world. I am anxious to hear cause the men are not honorable, not year. what the President has in mind, how- because they are not intent on keeping But when people suggested that we ever, in terms of how, in effect, to rat- their promises, but because they are inspect those sites—because we ify—not in the constitutional sense, not immortal; they are not going to be thought, as some asserted, they had necessarily—but how to ratify what- around forever. stored nuclear weapons there—there ever agreement he reaches with Mr. It seems to me they should make were no grounds to request the inspec- Putin. sure, whatever each side is promising, tion, let alone demand one, because If I am not mistaken, my friend from that it is able to be determined with there was no agreement attendant to West Virginia said that President Bush some objectivity. This would avoid sig- the promise of Gorbachev and Yeltsin said—and I recall President Bush say- nificant misunderstandings of the sort to, in fact, allow for verification. ing this, but I am paraphrasing—we that, I remind my colleagues, have Why do I bring this up? To say the can do this on a handshake. plagued us in the past regarding the Russians cannot be trusted? No. Handshakes are great—and I admire Russian promises on tactical nuclear What happens is that when there is and I trust the President’s resolve and weapons made a decade ago. doubt about issues such as nuclear I trust his sense of honor and I believe U.S. force planners benefit from pre- weapons, people always err on the side he means what he says and will stick dictability in Russian strategic forces. of the worst case because we almost to it when he shakes hands. I am even The more we know about what is going cannot afford not to—because if we are prepared to acknowledge that is prob- on in the Russian nuclear force pos- wrong, we are, no pun intended, dead ably true with President Putin as ture, the easier it is to determine how wrong; we are really wrong. well—but a handshake is not the stuff we should deal with them, how we So what happened as a consequence upon which these kinds of agreements should counter them. With a hand- of the January dispute about whether should rest ultimately. shake, all we know is what President or not they had kept their 1991 prom- The goal of our policy should not be Putin says to the press or in private to ise? What happened was it bred mis- to withdraw from the ABM Treaty, as President Bush. That is all we know. trust. Remember all the articles that some continue to urge. I think they With a written agreement, we have spe- occurred in January and February and miss the point. The goal should be to cific commitments. U.S.-Russian rela- March and actually began during the maximize our national security inter- tions will benefit from knowing what last campaign? This administration got ests rather than to win some debating each has promised—and what we and off to an incredibly rocky start with point over the relevance of arms con- they have not promised. Russia. trol agreements in this post-cold-war I go back to the promises made by The President has made that right, era. both Presidents Gorbachev and Yeltsin. and I compliment him for it, but now With regard to strategic weapons, In fact, what happened was that Gorba- we have stalled. We have sort of stum- President Bush announced this week chev and Yeltsin made an agreement bled through 9 months of lost oppor- that the United States will reduce its they intended to keep, and they may, tunity. force level over the next 10 years to in fact, have kept it. The point is, when there is no inde- somewhere between 1,700 and 2,200 de- In January of this year, I remind my pendent means to verify—when a new ployed warheads. colleagues, some of our friends who do President comes into office, the next The devil is in the details—for exam- not like arms control agreements and President, whoever that is—how does ple, ‘‘deployed warheads.’’ To date, I were much less trusting of Russia than he or she judge whether or not the have not gotten an explanation of what they seem to be today raised questions commitment is being kept? I promise is going to happen with ‘‘all the other over whether Russia had violated its he or she will be buffeted on every side warheads,’’—roughly 4,000 additional 1991 and 1992 promises to cut back on by those within the Defense Depart- warheads, not just ours, but the Rus- tactical nuclear weapons. That was an ment, the intelligence community and sians’ as well, because President Putin issue before this body in the beginning the think-tanks who are whispering in promised to do the same thing, to cut of this year, discussed in this town his or her ear saying: Hey, they are not his forces as well. I assume—and this is among the nuclear theologians, dis- keeping the deal. a little premature—but I assume he is cussed in this town among those inter- The same problems can and do occur also talking about ‘‘deployed’’ nuclear ested in strategic doctrine and stra- regarding strategic weapons. How will weapons, as opposed to all the nuclear tegic weapons. Had the Russians kept we know if Russia has reduced its weapons in your possession. their promise? weapons numbers? Will it remove them That is excellent progress as far as it Part of the problem was that people from launchers and silos, or only say goes, Mr. President, and I do not mean were not sure what Gorbachev or that certain weapons are no longer to sound as if I am trying to rain on Yeltsin had actually promised to do. operational? How will we know? That the President’s parade. I think what he That was part of the problem. was the basis of a big debate not too is doing is very helpful. Now, though, it Verification obviously helps. Without long ago, I remind my friend—although seems to me—and obviously to the a formal agreement of some sort, how- I do not have to remind my friend— chairman of the Appropriations Com- ever, generally one does not get from West Virginia. That was the basis mittee—Presidents Bush and Putin verification. of a big debate. should agree on a means by which they The allegation in January of 2001 was How are we going to know? What is can verify that each country is com- that Russia was storing nuclear weap- Russia really promising to do? The plying with its promise. ons in Kaliningrad and people wanted only misunderstanding that is worse Even if the Lord Almighty came to inspect those sites. We heard some than one that was intended is one that down and stood in the well of the Sen- concern from my friends, saying the was unintended. Maybe they are going ate and said: I guarantee to all you Russians have these missiles hidden in to be keeping their word, but how will Senators and all America and all the barns and they took them out of silos we know? world that both Putin and Bush will but they have them on rail, and on and I promise, there will be many voices keep their agreements, that would not on, trying to demonstrate a short 8 questioning whether the Russians are be quite good enough for me. God will- months ago that we cannot trust the keeping the agreement, and if there is ing, Presidents Bush and Putin will re- Russians. no independent means to verify it, our main healthy, and I am sure President It caused a bit of a furor because one questioning then breeds distrust as to Bush expects to remain in power for 4 of the arguments concerning why we whether or not the Americans really years beyond his term. But it may be should do away with the ABM Treaty are looking for a way out: Are they that he will not be President in 3 years, was that we ought to do away with this really with us? Did they really mean to and Mr. Putin may not be President in treaty because the Russians do not enter into this?

VerDate Mar 15 2010 03:29 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S11898 CONGRESSIONAL RECORD — SENATE November 15, 2001 What is Russia really promising to in 1979, when the SALT II agreement saying there is no longer a strategic ra- do? That, I hope, will be made clear, was under consideration, to lead a tionale for putting trade above non- because even that is in question. group of new Senators who were uncer- proliferation in Russia’s relations with It is not wise to make assertions that tain about whether or not they were Iran and Iraq. The question now is you will reduce weapons to between for this new arms control agreement. It money. It is not a question of Russia’s 1,700 and 2,200. I guarantee there will be was in the face of this scare that the place in the world. That place is clear- people in this Chamber saying the Rus- Russians had bases in Cuba, and we ly with us in the West and in opposi- sians really said they would be down to were trying to push the treaty through. tion to proliferation. 1,700 by such and such a date, and there The Carter administration wanted it. I We and our allies can provide the are 2,200. led a delegation of 10 or 12 Senators— money that Russia needs to maintain I might add, what is going to happen great Senators who are no longer in economic growth and well-being, in re- to those warheads that are not de- the Senate, Bradley, Boren, Pryor, and turn for new Russian policies and ac- ployed? For that matter, how will Rus- a number of others, because they were tions that refrain from proliferating sia or the American people know if the just elected that year. We sat down weapons in that part of the world. United States reduces its arms? What with Leonid Brezhnev, who was the We can offer Russia debt relief on its are we promising to do? Are we prom- Russian President at the time. Brezh- Soviet-era obligations to the United ising to destroy the weapons, as the nev came into their Cabinet room. We States and other countries. Russia START agreements require us to do, were all on one side, and Brezhnev and could use a significant proportion of such that when we get the force num- Kosygin on the other side, and it the proceeds of that debt relief on non- bers down, we get rid of the rest? Or opened the following way: He welcomed proliferation programs to secure its are we only promising we will decom- us. We had contemporaneous trans- sensitive materials and to provide new, mission them in the sense that we will lation. civilian careers for its many weapons put them in a barn, we will put them in Brezhnev looked at me, and he said: scientists who could otherwise become a hangar, able to be reloaded, but we ‘‘Let’s get two things straight, Sen- prey to offers from rogue states or ter- are not going to have them on station ator. The first thing is, when I was rorist groups. Senator LUGAR of Indiana and I have and targeted somewhere? your age I had an important job.’’ He encouraged the Administration to con- Will Russia change its training doc- went on to tell me his job, along with sider this option. We also have legisla- trine in the absence of a formal treaty? Kosygin, was to supply Leningrad in tion to authorize such debt relief, I remind people when Gorbachev and the siege of Leningrad, making it clear which the Foreign Relations Com- Yeltsin agreed with the first President ‘‘you are a young man, Senator.’’ He Bush to reduce tactical nuclear weap- mittee has approved unanimously. wanted me to know he had been impor- The U.N. could authorize a major in- ons, they said that without a formal tant for a long time. I got the message. crease in the Iraqi Oil for Food pro- agreement they could not change Rus- The second thing he said, and this is gram—which would revitalize Iraq’s oil sian training. literally what he said: ‘‘Let’s agree production infrastructure—in return What does that have to do with any- that we do not trust each other, and we for devoting the proceeds to payment thing? Rather than deciding they were have good reason not to trust each of Iraq’s foreign debt, especially its going to act as if they had decommis- other.’’ debt to Russia. That would free Russia sioned the weapons, which they said He went on to say: ‘‘You Americans to pursue the issue of United Nations they had, what did they do? They con- believe, with every fiber of your being, inspections on the basis of strategic tinued to train Russian forces to make that you would never use nuclear weap- concerns alone. war with the weapons they said were ons.’’ You believe you would never use Senators DOMENICI and LUGAR pro- no longer deployed. So what then hap- them against us first. But I hope you pose that we provide loan guarantees pened? understand why we think you might. to Russia in return for Russia reducing I am sure my colleagues from West Then he went on to say: ‘‘You are the its fissile material stockpiles. Virginia and Montana and I must have only nation in the history of mankind Missile defense, strategic arms and attended intelligence meetings where that has ever used nuclear weapons. non-proliferation affect not only Rus- we would be told the following: They You used them against civilian popu- sia and the United States, but the fu- said they had decommissioned these lations.’’ ture of the whole world. The opportuni- weapons, but yet look at the manual; He quickly added: ‘‘I am not second- ties for U.S.-Russian cooperation—if their doctrine still says they are going guessing that, but you used them. So we seize them—hold the promise of a to plan to use them. So that must you have to understand we might think transformed world in which inter- mean they have not decommissioned you might use them again.’’ national cooperation is the norm, with them. How do we know? And yet A point well taken. No matter how Russia and the United States leading Gorbachev and Yeltsin had said at the well intended either side is, we cannot the way. start, without a verifiable agreement expect other nations to trust our re- But we must seize those opportuni- we are not going to change our manual solve as much as we trust our resolve. ties. because we may have to pull those So if we want others to trust us and we And we must not waste those oppor- suckers out of storage and use them if want to be able to trust Russia in the tunities by engaging in purely ideolog- you guys turn out not to keep your years to come, we should remember ical actions, like withdrawing from the side of the deal. Ronald Reagan’s advice: Trust but ABM Treaty when there is no rational What will we do? Will we, too, train verify. need to do that. our troops to make war with weapons I am encouraged by President Bush’s I conclude by saying that I com- we say are no longer deployed? Will statement, following his force reduc- pliment my friend from West Virginia other countries take heart because we tions announcement: If we need to who is, as usual, the first person to have fewer deployed weapons, or will write it down on a piece of paper, I come to the floor and speak to this they look at our total stockpile and would be glad to do that. issue. It is vitally important. I hope say that our reductions are a sham? He should. I hope he will. I also hope the President and the administration Again, I have no doubt that President that piece of paper comes our way for listen to his advice. I think he is dead Bush will keep his word and do the us to take a look at. A new START III right. right thing, but we cannot, in my view, treaty would not be difficult to draft. Mr. BYRD. Mr. President, I ask unan- expect other countries to have as much It would ensure not only rigorous imous consent to proceed for 3 min- trust in us as we have in ourselves. verification but also proper respect for utes. I will never forget the first time I the constitutional role of the Senate The PRESIDING OFFICER. The Sen- was sent by the man who is now the regarding international agreements. ator from West Virginia. chairman of the Appropriations Com- There are also grounds for hope re- Mr. BYRD. Mr. President, I thank mittee, and who was then the leader of garding the problem of proliferation the distinguished Senator from Dela- the U.S. Senate—he may remember— and Russia’s relations with Iraq and ware for his statement. I well remem- asked me as a relatively young Senator Iran. For the first time, Russians are ber in 1987, with respect to the INF

VerDate Mar 15 2010 03:29 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY November 15, 2001 CONGRESSIONAL RECORD — SENATE S11899 Treaty, the Reagan administration I thank the Senator and I thank the trade to the Congress. Yet the adminis- sought to reinterpret the provisions of Chair, and I particularly thank Sen- tration is now acting without a man- the ABM Treaty—to reinterpret those ator BAUCUS for his kindness in allow- date from Congress. provisions because the Reagan admin- ing us to proceed. Congress must have a more promi- istration did not want to live up to the Mr. BYRD. I join in the thanks. nent role in trade negotiations. As ABM Treaty. They wanted to get away Mr. BAUCUS. Mr. President, I com- chairman of the Senate Finance Com- from that ABM Treaty. There were pliment the Senator from West Vir- mittee, I plan oversight hearings on some people in that administration ginia as well as the Senator from Dela- these negotiations. who sought to reinterpret the ABM ware. They as well as many others over The problems I have outlined also Treaty. But as we prepared for the sub- the years have provided terrific service make clear why any new grant of fast sequent approval by this U.S. Senate of to our country, keeping their eye on track negotiating authority must ad- the ratification of the INF Treaty, the this ball with respect to the former So- dress the concerns of Congress on distinguished Senator from Delaware viet Union, current Russia, and the key issues like preservation of U.S. trade was adamant in insisting that there be question of nuclear proliferation. I laws. It must also ensure that Congress an amendment written to provide that thank them very much. On behalf of has an active role in trade negotia- there be no reinterpretation of any the American people, I thank them, tions. treaty by a subsequent administration; too. I yield the floor. I suggest the ab- that the treaty had to be interpreted The Senator has done a terrific job. sence of a quorum. based on the four corners of the treaty Mr. BYRD. Mr. President, let me say The PRESIDING OFFICER. The plus interpretation of the treaty as ex- I am deeply appreciative, and I thank clerk will call the roll. plained by witnesses of the administra- the very able Senator from Montana The legislative clerk proceeded to tion in power at the time the treaty for his observations. call the roll. was ratified. Any new understanding f Mr. DORGAN. Mr. President, I ask unanimous consent that the order for would have to be agreed upon by the WTO MINISTERIAL MEETING executive branch and the legislative the quorum call be rescinded. branch. Mr. BAUCUS. Mr. President, I rise The PRESIDING OFFICER. Without The distinguished Senator from Dela- today to discuss the just-concluded objection, it is so ordered. ware rendered a great service in that World Trade Organization Ministerial f in Doha, Qatar. instance, as did the then-Senator from THE STIMULUS PACKAGE Georgia, Mr. Nunn, who was chairman The administration has announced of the Armed Services Committee; the that WTO members reached an agree- Mr. DORGAN. Mr. President, while then-Senator from Oklahoma, Mr. ment to launch new negotiations on a we are waiting for some intervening Boren, who was chairman of the Intel- number of international trade topics. Senate business, I wish to make a cou- ligence Committee; and the then-chair- Our trade negotiations hailed this as a ple of comments about international man of the Foreign Relations Com- major victory. trade. I am inspired to do that by my mittee, Mr. Pell. I recognize the considerable efforts of colleague from Montana. Mr. BIDEN. That is correct. our trade negotiators in this process. Before I do that, let me compliment Mr. BYRD. Those three Senators and That said, I am unsettled by the re- my colleague, Senator BAUCUS, on the I insisted on having it in writing from sults of this session in several areas. work he has done on the stimulus the Soviets. And Secretary of State The agreement reached today in package. I told him yesterday in a pri- Shultz went to—I guess it was Paris— Doha makes it even more clear why vate conversation how impressed I was went to Europe, at least, and worked Congress must have deeper involve- with what he brought to the floor deal- with Mr. Shevardnadze, I believe, and ment in our international trade policy. ing with taxation and other issues to came back with a document in writing Without a doubt, there are positive try to provide some lift and recovery to saying that all parties agreed that that items in the documents to launch the this country’s economy. I think it was would be the interpretation, that there negotiation. I am pleased that the the right bill. It was the right thing. I would not be any subsequent reinter- United States was able to negotiate commend him for his leadership, and I pretation by any administration, any forward-looking language on agri- appreciate his leadership on that. subsequent President. Because if that culture. There are some good things I was sorely disappointed that there were the case, how could we ever de- there—for example, goals of improving was a point of order raised against that pend upon any treaty as having credi- market access and reducing market which prevailed last evening because I bility, if a subsequent administration distortions, particularly export sub- think Senator BAUCUS, along with Sen- could reinterpret it according to its sidies. ator DASCHLE and others of us who own wishes? But these are vague commitments, were pushing very hard to get this How would a subsequent administra- and Europe and some of its allies have done, had put together a piece of legis- tion interpret an ‘‘understanding’’ that already demonstrated their strident lation that really would provide some was entered into by a handshake? All opposition to meaningful progress in boost to the American economy. the more reasons for wanting to see it this area. The devil is in the details— We are not in a position where we in writing and having it debated by the and the details have yet to be worked can just decide to stand around and elected representatives of the people. out. wait and see what happens. I men- I thank the distinguished Senator. On the other side of the ledger, I am tioned earlier that we had a trade his- Mr. BIDEN. I ask unanimous consent extremely troubled by the decision to tory during President Hoover’s period to speak for 30 seconds. re-open the agreements reached just a where this country seemed to be sink- The PRESIDING OFFICER. The Sen- few years ago on antidumping and anti- ing into a deep abyss. And the attitude ator from Delaware. subsidy measures. Both Houses of Con- was: Well, there is not much we can do Mr. BIDEN. Mr. President, to reaf- gress have made it clear that they op- about that; we will sit around here and firm what the Senator says, I do not pose negotiations to further weaken wait and see what happens. That is not think anyone should read in this that U.S. trade laws. what should have been done then, and the Senator from West Virginia and I Let’s be absolutely clear on this it is not what we can do now. aren’t happy that the President wants point. Our trading partners have only What we did was positive; that is, try to bring down the number of nuclear one goal here: to weaken our trade to put together a legislative program weapons. laws. That is something the adminis- that does the best we can to say to the Mr. BYRD. No. tration should not tolerate—and that American people that we are trying to Mr. BIDEN. We are very supportive Congress will not tolerate. give lift and boost to this economy in of that. We want to make sure when it These problems demonstrate why a way that provides jobs. is done, it is done. Congress must take a hard look at I say to my colleague from Montana Mr. BYRD. It is done. trade negotiations. The Constitution that I thought he did a great job, and Mr. BIDEN. And we know it is done. assigns responsibility for international I appreciate his work.

VerDate Mar 15 2010 03:29 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S11900 CONGRESSIONAL RECORD — SENATE November 15, 2001 INTERNATIONAL TRADE It is interesting, if you ask econo- sent to Japan has a 38.5-percent tariff Mr. DORGAN. Mr. President, let me mists, they all give you different an- attached to it—every single pound. Is talk just for a moment about inter- swers: It is because the dollar is too that fair trade with Japan? No. Fair national trade because there has been a strong; the dollar is too weak; it is be- trade would be more T-bone steaks to trade conference in Doha, Qatar. I ex- cause our budget deficit is too high, Tokyo, in my judgment. But we have a pect the people who run the WTO chose not high enough; productivity isn’t 38.5-percent tariff on every single that place largely because they did not high enough. It depends on the econo- pound. want to have a trade conference where mist that you ask. Going back to Korea: What about po- there were a lot of hotel rooms. Experi- Having both studied and taught eco- tato flakes to Korea? Up in my part of ences in trade conferences in recent nomics in college, I understand that the country, in the Red River Valley, years have not been good. Thousands the field of economics is certainly not where the Presiding Officer also rep- and thousands of people from around a science. I consider it psychology resents some potato growers, those po- the world have come to demonstrate pumped up with just a little bit of he- tatoes are cut into flakes. Those potato and express concerns about one thing lium. All you have to do is ask, and flakes are sent around the world, and or another. So they decided to have a you get an answer. It does not mean it they are put into chips in fast food. Po- ministerial conference in Doha. My un- is an informed answer. There are 100 tato flakes are used for fast food. Well, derstanding is there are so few hotel different answers as to why our deficit that is probably a pejorative. I rooms in Doha that they had to bring is out of control. Ask any economist. shouldn’t say ‘‘fast food.’’ I should say in cruise ships in order to provide lodg- They don’t have the foggiest idea. We ‘‘snacks.’’ Potato flakes are used for ing for visitors to Doha. had a $449 billion merchandise trade snacks. Because of other business this week, deficit last year in this country. If you raise a potato in the Red River I didn’t pay a lot of attention to what Now let me describe some of the de- Valley and then turn it into potato they did at Doha. tails of trade. It is interesting that ev- flakes and send it to Korea, guess what I do know that all these trade folks erybody talking about trade, especially happens to it? Korea slaps a 300-percent converged and they had a long visit. I those at the ministerial conferences, tariff on potato flakes. watched part of a similar visit in Mon- want to talk about the big picture: Are potato flakes going to threaten treal some years ago. I watched part of global trade. They never want to the the Korean food market? I do not think the visit they had in Seattle. So I know talk about specifics. So here is a spe- so. Is it fair to an American potato they all get together. They have the cific. farmer to confront a 300-percent tariff? same backgrounds, and they talk the We trade with Korea, which is a good Where I live, it is not fair. same language. They actually have friend of ours. This chart shows that I could spend a lot of time talking shorthand for all the trade lingo that last year Korea sent 570,000 auto- about these things. they develop. Apparently now, from mobiles to the United States to be sold China: We have a huge trade deficit the experience of recent days in Doha, in the United States. Do you know how with China. We also have a huge trade they have decided they have reached many automobiles the United States deficit with Japan. We have a big def- some agreements on a new round, and sent to be sold in Korea? Was it 570,000? icit with Europe. We have a huge def- so forth. No, not quite. The answer: 1,700. So icit with Canada and Mexico. But So I want to point out just a couple 570,000 cars coming our way and then China, we sent 12 American movies of concerns I have about where we are we were able to export 1,700 cars to into China in the last year. Why? That with international trade. Korea. Get a Ford Mustang convertible is all China would let into their coun- I have a chart that shows a series of here in the United States, send it to try, 12 movies. Fair trade? I don’t balloons that represent the very seri- Korea, and it costs twice as much for a think so. ous trade problem confronting us in Korean consumer. Why? Because Korea Or how about this? In the last trade this country. It is a trade deficit that does not want our cars. They do not agreement we negotiated with China, is ballooning, year after year after want our cars coming in and com- we sent our negotiators to China. Now, year. It is the largest trade deficit in peting. They have all kinds of mecha- presumably, these are the best nego- human history. nisms and devices to discourage our tiators we have. We sent them to We spend a lot of time worrying ability to move a car to Korea. The re- China. I do not know how we sent them about the fiscal policy budget deficit sult is, 570,000 Korean cars in the there, probably not on a slow boat, as that about 9 years ago was almost $300 United States; 1,700 United States cars the saying goes; probably in an air- billion a year. There was hand wring- to Korea. Fair trade? I don’t think so. plane. ing and teeth gnashing and people wip- Is that something we ought to cor- They got to China and negotiated a ing their brow, and they would come to rect? In my judgment, it is because bilateral agreement with China, which the floor of the Senate, saying they these numbers translate to jobs. A was the precursor to allowing China to wanted to change the Constitution, working family, a man or a woman get- join the WTO. They brought back the they wanted to do this and that. Why? ting a job on an assembly line in a bilateral agreement, which we did not Because we had this growing budget manufacturing plant, a job that pays vote on because we do not have a vote deficit, this tumor that was growing in well, a job with security, a job with on a bilateral trade agreement with the fiscal policy of this country. It was benefits, these are good jobs. This China. Guess what we discovered? going to hurt this country. means we export these jobs to other Let me give you an example. Auto- It is interesting that there is a deaf- countries that produce products and mobiles: After a long phase-in, we have ening silence in this country about the send them to us and then keep their decided—our negotiators agreed with trade deficit. It, too, is growing, much market closed to our products, which the Chinese negotiators—we would more rapidly, in many ways, than the means fewer manufacturing jobs in the have a 2.5 tariff on Chinese vehicles fiscal policy deficit did. It is much United States. being sent into the United States, and higher at this point than our budget I have another chart I did not bring China could have a 25-percent tariff on deficit was at its height. One can make to the Chamber. It shows T-bone steaks the United States vehicles sent to the case, as an economist, that the in Tokyo. Do you know that 12 years China. In other words, our negotiators budget deficit is something we owe to after the last beef agreement we sat down with the Chinese, with whom ourselves. This deficit we owe to oth- reached with Japan, the conclusion of we had a $60 billion deficit, and we said ers. This deficit will ultimately be re- which resulted in feasting and rejoicing to them: OK, we will agree to this deal. paid by a lower standard of living in by everyone engaged in the trade nego- You go ahead and impose a tariff on the United States. tiations—you would have thought they U.S. cars sent to China that is 10 times My point is, this deficit is growing just won the gold medal in the Olym- higher than the tariff we will impose and growing and growing. After round pics. The headlines trumpeted the beef on any Chinese cars you send to the after round of trade negotiations, we agreement with Japan. What a wonder- United States, and we will sign that are in worse and worse shape. The ful agreement. Twelve years later, by agreement. That is what our nego- question is, why? the way, every pound of American beef tiators said. So that is our agreement.

VerDate Mar 15 2010 03:29 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY November 15, 2001 CONGRESSIONAL RECORD — SENATE S11901 I don’t know, my feeling is these ne- I agree with my colleagues, Senator Because the Senator from North Da- gotiators need to wear jerseys. They do BYRD and others: We need expanded kota might find this interesting, I in the Olympics. The jerseys should trade. There is no question about that. would like to talk about beef, and beef say: USA. At least they could look I want to see global markets that are with Japan and Korea, for that matter. down, from time to time, and under- fair. I want to see opportunity for our I have forgotten how many years ago stand on whose behalf they are negoti- farmers and our manufacturers around —it must have been maybe 10, 12 years ating. They can say: Oh, yeah, that is the world. But I also demand that we ago—Japan had a quota on foreign beef who I represent. That is whose inter- see trade agreements that step forward into Japan. It amounted to, if I recall, ests I represent, and not be bashful and protect this country’s interests re- about 28,000 tons of hotel/restaurant- about standing up for our economic in- quiring fair trade. It is not fair trade cut beef. That is a quota on all beef terests. with respect to movies in China, durum coming to Japan. That is American, By what justification ever should we in Canada, high-fructose corn syrup Australian, and Argentine beef. That agree to this sort of one-sided agree- with Mexico, cars in Korea, potato amounted to one 6-ounce steak per ment: T-bones in Tokyo, automobiles flakes in Korea and Mexico. It is not Japanese person per year—a very to Korea, potato flakes to Korea, high- fair trade with autos in China. None of strong, tight quota against American fructose corn syrup to Mexico, durum that is fair trade. There ought not be beef sales in Japan. wheat to Canada. I could tell stories anybody who is nervous or worried At the same time, we Americans im- for an hour about this. In each and about standing up and demanding fair ported considerably more pounds of every circumstance, it is this country trade with our trading partners around beef than we exported worldwide. We signing up to a trade agreement that is the world. imported far more beef worldwide— fundamentally bad for our producers. I have not spent much time on this, lower cut grades for hamburgers and Our durum growers. I should, just for but I intend to in the coming days, if other things—than we exported. therapeutic purposes, spend 15 minutes the House and the administration, I decided I wanted to do something to talk about unfair durum trade com- buoyed by the success in Doha, Qatar, about the problem with Japan. I tried ing to us from the Canadian Wheat decide they want to try to bring en- everything under the Sun. I remember Board, which would be an illegal entity hanced trade authority to the Senate. in the Mike Mansfield Room—Senator in this country, a state-sponsored mo- There is no problem at all negoti- Mansfield was Ambassador to Japan, nopoly that sends durum wheat into ating trade agreements without fast very highly regarded, very revered—I this country to undercut American track. The last administration wanted said: Why don’t I invite the Japanese farmers’ prices, and then thumbs their fast track. They didn’t get it. But they diplomatic corps up to the Mansfield nose at us when we say we want to see said they negotiated 300 trade agree- Room and we will show to them how the prices at which you are selling be- ments. That means you can negotiate good Montana beef is. We will do all we cause we believe they are violating our trade agreements without fast track. can to get that quota reduced or elimi- trade laws. I could spend a long time You just need to be careful to nego- nated. talking about that, about the day I tiate good ones because if you don’t, That was naive. Nothing happened. I went to the Canadian border with Earl you won’t get them through the House might say, one member of the Japanese Jensen in a 12-year-old, orange, 2-ton and Senate. Parliament had the audacity to say the The inability to have fast track actu- truck. reason they have a quota on foreign All the way to the Canadian border ally promotes more responsibility on beef is that their digestive system we met 18-wheel trucks carrying Cana- the part of those who are required to can’t handle foreign beef. It is total dian durum south into the United negotiate these trade agreements. nonsense. States. I wanted to follow on the remarks of At the same time, maybe a few years So we got to the Canadian border, Senator BYRD of 2 days ago on the sub- after meeting truck after truck, bring- ject of fast track. He and I and others earlier, we had a difficult time import- ing Canadian durum south. We had 200 will work very hard to try to see if we ing American skis into Japan, and bushels of durum in Earl’s little, or- can’t make some sense out of this their excuse then was: Well, Japanese ange truck, and the Canadians said: mess, this trade problem that is now snow is a little different. That is why No, you can’t come into Canada with choking this country with very large we can’t take American skis. They 200 bushels of durum. Why not? Just trade deficits and is destroying manu- were totally ludicrous arguments. because you can’t. It is just the way facturing jobs and injuring this econ- I decided I had had it with the Japa- life is. It is a one-way track across that omy. We can do better than that even nese on beef. So I had a press con- border with durum wheat. as we expand opportunities, even as we ference over in the Hart Building, and I will not go on further. I know my expand international trade. We can do about 20 Japanese journalists showed colleague wants to speak. That is all a better than that by standing up for up. I had a button on me. The button precursor to say this. fairness for American producers and said, ‘‘I have a beef with Japan.’’ And I My colleague, Senator BYRD, the farmers. said to the Japanese, very respectfully, other day, spoke about trade protec- I yield the floor. trade has to be a two-way street. I said: tion authority or fast track. In my The PRESIDING OFFICER. The Sen- Japan, we take a lot of your products. judgment, what we ought to do is de- ator from Montana. We take your VCRs, we take your cide that we are going to stand up for Mr. BAUCUS. Mr. President, I did Hondas, we take your Seiko watches, this county’s economic interests in not intend to speak on this subject, but and you don’t take our beef. Trade has international trade. since the Senator from North Dakota to be a two-way street. It can’t be one Don’t give anybody any fast-track has raised it, it is important to put all way. As you can see, it is one way. It trade authority. Say, go negotiate of this in perspective. Matters could be is not right, and I am going to do what some good trade agreements, bring much better, but they are not quite as I can to stop that. them back here, and we will sign up to bleak as outlined by my good friend At about that time, there was legis- vote for them. First thing in the morn- from North Dakota, not in my judg- lation on the Senate floor called do- ing, count us as supporters. Go nego- ment. It is clear that other countries mestic content legislation. That legis- tiate bad agreements, which you have still intend to take greater advantage lation required a certain percentage of done time and time and time again, of America in trade matters than we do content, manufacture, and assembly of and understand they won’t see the of them. autos in America to be American con- light of day here because we are sick We are a country of the world. There tent, not foreign. It was domestic con- and tired of it. are other countries of the world. We tent legislation. At that point, I did I will not support fast track. We have have our views. They have their views. not favor that legislation. I thought it been fast-tracked right into a huge We have our social structure. They was too prescriptive. It was wage/price hole, a trade deficit that has ballooned have theirs. It is incumbent upon us to controls—too controlling—although I now to a $450 billion merchandise trade find a way to be effective in protecting agreed with the purport and the direc- deficit. I will not support fast track. our American interests. tion it was going.

VerDate Mar 15 2010 03:29 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S11902 CONGRESSIONAL RECORD — SENATE November 15, 2001 I said: If you don’t take American sure these other countries play fair. If Mr. REID. The Senator has our assur- beef, I am going to go right to the Sen- we work well in a concerted effort with ance that will be handled in wrap-up. ate floor and do all I can to get that the trade negotiators, we can get some The PRESIDING OFFICER. Is there domestic content legislation passed be- things done. But I have also learned objection? cause that will be two way; that will be deeply that no country altruistically is Without objection, it is so ordered. fair. going to lower a trade barrier. You f My gosh, I could see scribbling of all need leverage. kinds of notes, cameras going on. The I urge that as we move forward to INTERNET TAX next day there was a big article about protect American interests, we find the NONDISCRIMINATION ACT my statement in the Japanese news- proper persuasion to help each other. I The PRESIDING OFFICER. The papers. My photo was in the Japanese see the assistant majority leader anx- clerk will report the bill by title. newspapers. I can’t read Japanese, but iously waiting to seek recognition. The legislative clerk read as follows: I know basically what I had said. I yield the floor. A bill (H.R. 1552) to extend the moratorium Guess what. Within a couple of (Ms. CANTWELL assumed the Chair.) weeks, the Japanese sat down at the enacted by the Internet Tax Freedom Act Mr. REID. Madam President, I thank through November 1, 2003, and for other pur- bargaining table. Mike Armstrong was my friend. I extend my appreciation to poses. our trade negotiator at the time. They the chairman of the Finance Com- The PRESIDING OFFICER. The Sen- needed to negotiate, and they agreed to mittee, the senior Senator from Mon- eliminate that quota entirely. But they ator from Arizona is recognized. tana, who is so important to this insti- Mr. MCCAIN. Since I see the Senator did replace it with a 70-percent tariff. tution. That is pretty high, but at least our in- from North Dakota here, I suggest that f dustry said: That is great; the quota is perhaps we could make our opening eliminated. We can start importing UNANIMOUS CONSENT statements as part of the 60 minutes of beef into Japan. AGREEMENT—H.R. 1552 debate on the Dorgan-Enzi amendment. If that is agreeable, I would be glad to I go over to Japan a couple, three Mr. REID. Madam President, I ask do that. I move to modify the agree- times. I know about two words in Japa- unanimous consent that we now pro- ment that we move immediately to the nese. I learned this one. It is ‘‘Oishii,’’ ceed to the consideration of Calendar Enzi-Dorgan amendment with the 60 which means delicious. I would stand No. 204, H.R. 1552, the Internet tax mor- minutes of debate equally divided. in front of the Japanese cameras and atorium bill; that when the bill is con- The PRESIDING OFFICER. Is there say: American beef is Oishii, delicious. sidered, it be under the following limi- objection? At the same time, a Japanese polling tations: that there be 20 minutes for Mr. BAUCUS. Madam President, re- company showed that the Japanese general debate on the bill, with that serving the right to object—— housewives and Japanese citizens of time divided as follows: 5 minutes each Mr. MCCAIN. I withdraw that. I will Tokyo wanted American beef by far. for the chairman and ranking members proceed with my statement. I was try- Under the Japanese constitution, be- of the Senate Commerce and Finance ing to save the Senate some time. Ob- cause the rural districts have dis- Committees, or their designees; that viously, we will take more time in dis- proportionate voting power, they want the only first-degree amendment in cussing whether I was saving the Sen- to protect themselves. That is why order be the following: an Enzi-Dorgan ate time or not. they had that quota. The quota was amendment regarding extension, on First, I ask unanimous consent to eliminated, replaced with a 70-percent which there will be 60 minutes for de- have printed in the RECORD a State- tariff. bate prior to a vote in relation to the We also agreed to bring that tariff ment of Administration Policy con- amendment; that if the amendment is down. The Senator from North Dakota cerning H.R. 1552, the Internet Tax not tabled, then Senator GRAMM of says it is now down to around 28 per- Nondiscrimination Act, from the Presi- Texas be recognized to offer a relevant cent. That could well be. It is my recol- dent of the United States. second-degree amendment to the Enzi- lection that eventually that tariff will There being no objection, the mate- Dorgan amendment; that there be 20 be down at a lower rate. The point is rial was ordered to be printed in the minutes for debate prior to a vote in that we have made progress with RECORD, as follows: relation to the Gramm of Texas amend- Japan. We now, by the way, export ment, with no amendments in order, H.R. 1552—INTERNET TAX NONDISCRIMINATION more beef overseas than we import. ACT That line was crossed about 2 years with all time equally divided and con- The Administration supports Senate pas- ago. So there is progress. trolled between the proponents and op- ponents; that upon the disposition of sage of H.R. 1552. The Administration be- These things are more complicated lieves that government should be promoting than meets the eye. But we certainly all amendments, the use or yielding back of all time, the bill be read the Internet usage and availability, not discour- have a lot more to do and further to go. aging it with access taxes and discrimina- As in the Korean situation, Korea had third time, the Senate vote on passage tory taxes. this provision—this was about 2 years of the bill, with this action occurring As passed by the House, H.R. 1552 extends ago—called the shelf life law. They with no further intervening action or the Internet tax moratorium enacted by the wouldn’t let boats unload beef prod- debate. Internet Tax Freedom Act for two years. ucts, canned beef, for over 2 weeks. I further ask unanimous consent that While a five-year extension would be pref- the Enzi-Dorgan and Gramm of Texas erable, a two-year extension will provide ad- Their distribution system wouldn’t let ditional time to analyze the impact of e- foreign beef get to the grocery stores. amendments, which are at the desk, be the amendments in order under the commerce on local and State tax receipts That was bad beef under Korean law. while ensuring that the growth of the Inter- The Korean Prime Minister was, for provisions of this agreement. net is not slowed by new taxes. about 2 or 3 months, coming over to The PRESIDING OFFICER. Is there The moratorium expired on October 21, the United States. objection? 2001. The Administration supports rapidly re- So I got ahold of him. I said: Mr. Am- The Senator from Minnesota. instating the moratorium. The Administra- bassador, your Prime Minister is com- Mr. WELLSTONE. Reserving the tion encourages the Senate to pass H.R. 1552, ing over. I have a letter signed, with right to object, and I say to the whip without amendment, to enable its expedi- many Senators cosigning who are op- that I will not object, I want to be tious enactment into law. posed to this. I don’t think you want clear that on the record tonight the It basically says that the administra- your Prime Minister to come over Senate, in wrap-up, will proceed to Cal- tion supports Senate passage of H.R. when we are getting up on the Senate endar No. 191, S. 739, the Homeless Vet- 1552. He concludes by saying that the floor being critical of Korea. erans Improvement Act, which Con- administration encourages the Senate He got the message. Within 2 weeks, gressman LANE EVANS and I have to pass H.R. 1552, without amendment, they repealed the provisions and al- worked on for the last 3 weeks. There to enable its expeditious enactment lowed in American beef. has been an anonymous hold. My un- into law. So it is important for us to think of derstanding is that tonight this will On Sunday, October 21, the Federal how we can get this job done and make pass in wrap-up without any objection. moratorium on Internet taxes expired.

VerDate Mar 15 2010 03:29 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY November 15, 2001 CONGRESSIONAL RECORD — SENATE S11903 State and local taxing jurisdictions, re- held protracted debate on the question tech jobs eliminated since the begin- portedly over 7,000 of them, are now of Internet taxes. Although the issue is ning of the year, 47,250 of which were free to tax Internet access, and to im- extraordinarily controversial, we don’t eliminated in September alone. pose multiple and discriminatory taxes have time to thoroughly consider the Industry leaders such as AOL, Sun on e-commerce. still-divergent proposals. This con- Microsystems, and Intel have seen both I strongly support H.R. 1552, which troversy, however, should not prevent stock prices and profits plunge. Ac- would extend the moratorium by 2 us from proceeding on the separate, cording to the research firm of Thom- years. This proposal for a simple, and non-controversial issue of extend- son Financial/First Call the high tech- short-term extension of the morato- ing the moratorium on Internet access nology companies on the Standard & rium is supported by diverse interests, taxes. Poor’s 500 are expected to see fourth including, among many others, the Na- Just as there is agreement that the quarter profits fall to 58 percent of last tional Conference of State Legisla- moratorium on Internet access taxes year’s levels. tures, the United States Conference of should be extended, there is also agree- This grim picture is expected to de- Mayors the Information Technology ment that state sales taxes must be cline further, with tech profits ex- Association of America, the American radically reconciled and simplified to pected to fall sharply in the first quar- Electronics Association, and the Na- remove both practical and legal bar- ter of 2002, before recovering by the end tional Association of Manufacturers. riers to remote collection and remis- of next year. Allowing access and mul- I urge my colleagues to support this sion. tiple and discriminatory taxes on elec- measure that has already passed the This simplification, however, has not tronic commerce will inevitably lead House of Representatives, and to op- yet occurred. And it is not the Federal to harder times for an ailing industry. We are now faced with the choice, pose the Enzi/Dorgan amendment. Let Government’s responsibility to see will we allow the Internet tax morato- me explain why. that it does. rium to remain expired, further ham- There is broad consensus that the Recognizing the need for simplifica- pering the recovery of the high tech moratorium on the imposition of ac- tions, thirty-two states last year sector and the entire economy, or will cess taxes should be extended. This has joined the Steamlined Sales Tax we act now to extend the moratorium not been done, however, because of the Project to develop a plan for simpli- and support the recovery of this econ- separate issue of the collection of sales fying remote sales and use tax collec- omy. taxes on remote transactions. A num- tion. The National Conference of State Again, I reiterate my appreciation to ber of Senators believe that this sepa- Legislatures has since undertaken to the Senator from North Dakota, Mr. rate issue must be addressed if the develop model legislation to create DORGAN, who has, along with myself, moratorium is extended for more than uniform definitions and remove the the Senator from Oregon, the Senator a few months. burden on retailers of collecting and from Virginia, and others, had count- State and municipal governments are remitting sales taxes. Next month, the less meetings. We have tried to come to concerned that they will lose signifi- 20 states that have passed legislation an agreement. I believe there will come cant revenue as more and more con- this year indicating their intent to pro- a time when we reach agreement. sumers buy goods on-line. Most of ceed on sales tax simplification will There will come a time when there are these consumers are required by state meet in Salt Lake City to do this. enough States that have come together laws to pay taxes on these trans- Although these efforts are underway, to come up with a simplified system of actions, but they seldom do. While the the simplification is complex and will sales taxes that can be fair to every- loss of tax revenue from remote cata- not happen overnight. Reconciling defi- body. But we are not there yet. log sales has been of concern to states nitions among states of what is or is Other colleagues of mine will make for many years, the prospect of many not taxable, and resolving the alloca- arguments on both sides of this issue. I more untaxed on-line transactions has tion of tax revenues among localities wish we could reach that stage because worried main street merchants and within states will not happen in 8 I am fully aware that State and local state and local governments that rely months. Frankly, it probably will not revenues are being unfairly diverted, or on sales tax revenue to support critical happen in 2 years. Nevertheless, I think not collected because of the failure to functions including education and that substantial progress toward sim- have any taxes imposed on Internet emergency response. Their concerns plification can be made in 2 years, and transactions. But we are not there yet. are legitimate. Congress will be in a much better posi- I believe, particularly at this time A group of Senators have tried, lit- tion then to determine whether to con- when we are in an economic situation erally for years, to address these con- sent to allowing states to require out- that is clearly unpleasant, it would not cerns. Senators DORGAN, ENZI, KERRY, of-state retailers to collect and remit be the time for us to impose taxes on VOINOVICH, HUTCHISON, WYDEN, and sales taxes on remote transactions. the Internet which is already in a state ALLEN, among others, have held count- In the meantime, I think it is imper- of fragility. less meetings to try to balance con- ative that we extend the moratorium Madam President, I reserve the re- cerns about loss of State and local rev- on the separate issue of Internet access mainder of my time. enue with concerns about imposing un- taxes. The PRESIDING OFFICER. The Sen- warranted and perhaps unbearable bur- The recent economic success experi- ator has used his time. Who yields dens on remote transactions. I have enced by the United States, the longest time? participated in many of these meetings economic expansion in U.S. history was Mr. BAUCUS. Madam President, who is controlling time? at which countless drafts of legislation due, in part, to the Internet. Now the Mr. MCCAIN. May I ask the par- sectors of the economy tied to this ve- have been circulated, and I have been liamentary situation? continually impressed at how com- hicle of growth are experiencing trou- The PRESIDING OFFICER. The Sen- mitted, creative, and open to com- bled times and the nation is spiraling ator from Arizona has consumed his 5 promise these Senators have been. into recession. During times of eco- minutes. There is 5 minutes to the Unfortunately, however, there is not nomic uncertainty, we must restrain chairman of the Commerce Committee yet a consensus on if or how Congress ourselves from further burdening an al- and 5 minutes each to the chairman should permit states to require out-of- ready ailing sector, particularly one and ranking member of the Finance state retailers to collect sales taxes on which provides the most promise for Committee. remote transactions. After the events successful recovery and further growth. Mr. MCCAIN. In other words, there is of September 11 refocused out efforts, Prior to September 11, the high tech no time available under the unanimous it became clear that we would not re- sector began to suffer dramatic losses. consent agreement, so we would have solve this issue before the moratorium Since the beginning of this year alone, to move to the amendment in order for on Internet taxes expired. revenue for U.S. Technology sales, in- other Members to speak; is that cor- While we are much closer to an cluding computers, semiconductors, rect? agreement on legislation relating to and communications equipment, had The PRESIDING OFFICER. There is the collection of sales taxes we are not fallen by 35 percent. Mass layoffs 1 hour available on the first-degree yet there. In the past, Congress has plagued the sector with 479,199 high amendment.

VerDate Mar 15 2010 03:29 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S11904 CONGRESSIONAL RECORD — SENATE November 15, 2001 Mr. MCCAIN. On the amendment. States impose business activity It is for this reason, that I encourage Madam President, parliamentary in- taxes—corporate income and/or fran- my colleagues to support a short, 2- quiry. I suppose the next speaker will chise taxes—on corporations that have year clean extension of the Internet then be taking time on the amend- property or employees in the State. Tax Freedom Act. ment. The businesses that pay these taxes re- In my judgment, 2 years is adequate The PRESIDING OFFICER. If the ceive some governmental benefits and time to give the Finance Committee an amendment is called up, time will be protections afforded by that State. opportunity to address these impor- available on the amendment. A similar situation exists inter- tant, but difficult, tax issues. The Senator from Montana. nationally, where foreign jurisdictions I emphasize that the work remaining Mr. BAUCUS. Madam President, I impose a direct tax liability on busi- involves tax issues that must be re- understand I have 5 minutes. nesses operating within in the country. solved by the Finance Committee. The PRESIDING OFFICER. The Sen- Therefore, as the rules for sales and There is a long-term precedent of the ator is correct. use taxes are simplified, it is also im- Senate Finance Committee having ju- Mr. BAUCUS. Madam President, I portant that we pay special attention risdiction over issues involving the will try to make the best use of those to the rules regarding business activity taxation of the Internet. 5 minutes. taxes. A 2-year extension of the Internet What we used to think of when we Madam President, I rise in support of Tax Freedom Act is a reasonable com- heard ‘‘property,’’ ‘‘goods,’’ or even a simple 2 year extension of the Inter- promise and deserves the support of the ‘‘employees,’’ is now very different in a net Tax Freedom Act. In my judgment, Senate. world of digital goods, bits of electrons, a short-term extension represents a Mr. LEAHY. Mr. President, I want to reasonable, bipartisan compromise. and telecommuters. I stress the need to sort through add my support to promoting elec- While I support a clean 2-year exten- these issues because I am certain that tronic commerce and keeping it free sion, we should be firm in our resolve the rules we establish for ‘‘interstate’’ from discriminatory and multiple that this will not be the first of an end- commerce will be the model for ‘‘inter- State and local taxes. less line of moratorium extensions. national’’ commerce. I strongly support the Senate quickly I make a strong plea that this be the We need to be very careful we do not passing H.R. 1552 to extend the Internet last time we impose a moratorium set up a system that makes U.S. com- tax moratorium for 2 years. without taking the meaningful steps panies a tax collector for every juris- Last month, I was pleased to join the needed to bring interstate tax rules diction around the world. senior Senator from Oregon and the into the 21st century. On Internet access taxes, I believe we senior Senator from Arizona as an While progress has been made on the should look for ways to reduce barriers original cosponsor of the Internet Tax issue of sales tax simplification, State to access, including taxes. Moratorium Extension Act, the Senate and local governments will certainly If our intention is to make Internet counterpart to H.R. 1552. I commend need more than 6, 12, or even 18 months access tax-free, we must be certain Senator WYDEN and Senator MCCAIN to come up with a system that works. that an appropriate definition of access for their continued leadership on Inter- Moreover, we do not need a quick fix; is developed. Moreover, it is important net tax policy. we need a real solution. Let us con- to ensure that otherwise taxable prod- Although electronic commerce is be- tinue to keep the parties at the table uct provided over the Internet are not ginning to blossom, it is still in its in- long enough to make a meaningful inappropriately shielded from tax. fancy. Stability is key to reaching its change that works. I appreciate the hard work of my full potential, and creating new tax The debate and negotiations that friends, Senators ENZI, GRAHAM, DOR- categories for the Internet is exactly occur from this point forward must be GAN. They have worked hard. They the wrong thing to do. about resolving issues regarding tax- have a proposal which may have merit. E-commerce should not be subject to ation of the Internet and not about the But the devil is always in the details, new taxes that do not apply to other length of any future extensions. and the details have not been examined commerce. More importantly, the focus must be by the Finance Committee, or any Indeed, without the current morato- on how the traditional tax rules should committee for that matter. rium, there are 30,000 different jurisdic- apply to ‘‘new economy’’ businesses. In fact, there have been no hearings tions around the country that could These are issues the Finance Com- on the Dorgan-Enzi amendment to give levy discriminatory or multiple Inter- mittee has been and will continue to interested parties, academics, and net taxes on e-commerce. examine. Members of the Senate the opportunity Let’s not allow the future of elec- The States have been working hard to discuss the consequences of this leg- tronic commerce, with its great poten- to create a model simplified sales and islation and assess the workability of tial to expand the markets of Main use tax system. A limited extension of this bill. Street businesses, to be crushed by the the moratorium for 2 years is needed in This amendment may be a reasonable weight of discriminatory taxation. order to provide an adequate time to starting point, but as with all legisla- Many Vermont companies have con- assess their progress. tion of this magnitude, the Senate, tacted me in the last month and weeks More importantly, as chairman of through its committees, should give it in support of extending the morato- the Finance Committee I represent the careful consideration. rium, including Green Mountain Coffee Some people may say that we have State of Montana, which does not have Roasters, the Army & Navy Store in talked too much already. They say a sales tax. Barre, and the Vermont Teddy Bear that the parties have already had three As a Senator from Montana, I will Company. years to iron out their differences. work to ensure that any simplification That may be, but we must be very Cyberselling is working for plan will not place a undue burden on careful because this bill raises more Vermonters. Montana businesses. Sales tax sim- questions than it answers. We also need a national policy to plification should also be truly simple, For example, how does this legisla- make sure that the traditional State and easy for businesses to comply with. tion make sure that the uniform rates and local sales taxes on Internet sales Hopefully, by making this a short 2- among states stay uniform over time? are applied and collected fairly and year extension, we can encourage the Does the definition of ‘‘Internet ac- uniformly. This 2-year extension of the States and the business community to cess’’ allow nonincidental content, current moratorium gives our Gov- move expeditiously to resolve out- such as music and movies, to be pro- ernors and State legislatures time to standing issues and design a truly sim- vided tax free if bundled with Internet simplify their sales tax rules and reach plified sales and use tax system. access? consensus on a workable national sys- This debate is not only about the Are business activity taxes ade- tem for collecting sales taxes on e- structure of State sales and use taxes. quately addressed? commerce. There is also concern with how States These are difficult issues, and they Indeed, the National Conference of assert a direct tax liability on an out- deserve serious and deliberative consid- State Legislatures has endorsed our of-State company. eration. legislation to extend the Internet tax

VerDate Mar 15 2010 03:29 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY November 15, 2001 CONGRESSIONAL RECORD — SENATE S11905 moratorium for two more years to give Supreme Court discussed in Ptasynski, for the purposes of Interstate sales tax States time to complete work on sales and would survive heightened scrutiny. collection, especially at this late hour. tax simplification. In contrast, the Enzi amendment’s That is why I ask that my colleagues I must also raise some serious ques- permanent discrimination on the basis table this amendment. tions about the approach of some Sen- of where an Internet user lives is much SECTION 5(a)(8) ators to pass legislation to waive harder to explain under the heightened Mr. DURBIN. Madam President, I Congress’s authority to carefully re- scrutiny required by the Supreme would like to have a discussion with view and approve interstate compacts. Court. If courts treat the Federal Gov- the managers that I hope will clarify As chairman of the Senate Judiciary ernment’s establishment of a discrimi- the meaning of an important element Committee, which has jurisdiction over natory regime of taxation by the of this legislation. Section 5(a)(8) of interstate compacts, I cannot under- States as raising the same uniformity the bill calls for ‘‘State administration stand why we should recede congres- clause issues as the Federal Govern- of all State and local sales and use sional authority to approve an inter- ment’s levying of discriminatory taxes, taxes’’ to be part of the streamlining state compact on sales tax issues if 20 the Enzi amendment’s Internet access process that would allow States and lo- States join any compact. tax moratorium will be ruled unconsti- calities to be able to collect taxes due Despite good intentions of its pro- tutional. on remote sales. I believe it is impor- ponents, this approach is asking the As a result, this amendment appears tant to make clear—in the legislation Senate to buy a pig in a poke. to raise serious constitutional con- itself—that the requirement for ‘‘State I am a strong supporter of interstate cerns. administration’’ applies only to those compacts where appropriate, such as E-Commerce is growing, our morato- taxes on out-of-State remote sales. The the Northeast Dairy Compact, but the rium law is working, and we should fact that, in a particular State, a sin- Senate should not approve of any inter- keep a good thing going. I am proud to gle locality might on its own continue state compact without carefully re- cosponsor the Internet Tax Morato- to collect local taxes on other sales viewing its details first. When the rium Extension Act to encourage on- would not affect that State’s eligibility Northeast Dairy Compact was approved line commerce to continue to grow to be part of the streamline compact. by the Congress, every detail and every with confidence and to continue to By way of example, the city of Chi- aspect of it was known far in advance. allow the States to move ahead with cago has a number of local use taxes It also raises constitutional ques- sales tax simplification efforts. that are imposed on different types of tions for legislation to mandate that I urge my colleagues to vote for a transactions. The city both imposes Congress automatically approve an straight forward 2-year extension of and collects those taxes from sellers interstate compact on sales taxes with- the internet tax moratorium. wherever they are located in the State out reviewing its text since the Con- Mr. BURNS. Madam President, mul- of Illinois. While the city and the State might agree to State administration of stitution explicitly requires Congress tiple, confusing and inconsistent State out of State remote sales, I would not to approve interstate compacts. tax rules impose an incredible burden The Enzi amendment allows 11 juris- on interstate commerce and the econ- want to see this legislation mandate dictions to continue to tax Internet ac- omy, and therefore it is imperative that only the State of Illinois could collect these taxes on other sales. cess, but permanently bans Internet that the Senate move quickly to ex- I believe that this interpretation is access taxes everywhere else in the tend the moratorium on Internet ac- intended by the legislation. Section cess taxes and to continue protecting country. By permanently prohibiting 5(a) call for States and localities to electronic commerce from multiple and taxation of Internet access in some work together to develop a streamlined discriminatory taxation. States, but approving of such taxation tax system ‘‘in the context of remote As a result of the U.S. Senate’s fail- in other States, the Enzi amendment sales.’’ However, I am concerned that ure to extend the moratorium before it may violate the ‘‘uniformity clause’’ in this intent is not clearly enough lapsed on October 21, 2001, it is now Article I, 8 of the United States Con- spelled out. When the legislation re- possible for the more than 7,600 State stitution. turns from conference, I hope that this and local taxing jurisdictions to im- The uniformity clause states that intent would be made absolutely clear. ‘‘all Duties, Imposts and Excises shall pose multiple and discriminatory taxes This could be done by changing section be uniform throughout the United on electronic commerce and taxes on 5(a)(8) to read ‘‘State administration of States.’’ internet access. all State and local sales and use taxes On October 16, the House adopted The uniformity clause requires that on remote sales.’’ It would also help to Federal legislation levying taxes follow H.R. 1552 under expedited floor proce- add a general use clause that would a consistent plan and apply in all por- dures. This bipartisan legislation state that ‘‘nothing in this Act shall be tions of the United States where the would extend the current moratorium construed to divest the authority of subject of the tax is found. created by the Internet Tax Freedom local governments to collect taxes on In United States v. Ptasynski, the Act for 2 years. H.R. 1552 is supported sales other than remote sales as de- Supreme Court held that it will subject strongly by a wide range of groups, in- fined in this Act.’’ geographic distinctions in Federal tax- cluding the entire high-tech business Would the managers agree to this in- ation to heightened scrutiny. In a community, the National Conference of terpretation and assure me that the unanimous decision, the Court stated State Legislatures, State and local mu- final legislation will make this inter- that ‘‘Where Congress does choose to nicipal groups, the U.S. Chamber of pretation absolutely clear? frame a tax in geographic terms, we Commerce, the National Association of Mr. DORGAN. I thank the Senator will examine the classification closely Manufacturers, and many other busi- for his observations. I agree with his to see if there is actual geographic dis- ness and retail groups that have put interpretation that the requirement of crimination.’’ aside their differences in support of a State administration of sales and use The Enzi amendment proposal to clean, 2-year extension of the morato- taxes applies only to remote sales. lock in discrimination between States rium. While I believe that this is the intent in taxation of Internet access raises Given recent events and the current of the current wording, I will work in questions under the uniformity clause economy, this is the wrong time to sad- conference to assure that this point is that require careful consideration. dle consumers with Internet access absolutely clear. In the case of a temporary morato- taxes or with multiple and discrimina- Mr. ENZI. I am in agreement with rium, such as the one in the House bill, tory State taxes on electronic com- both the Senator from Illinois and the the grandfathering of Internet access merce. Enacting H.R. 1552 now would Senator from North Dakota. I also taxes in a limited number of States provide us with additional time to con- agree that the requirement for State may be explained as freezing the status tinue to work together to try to reach administration of sales and use taxes quo while Congress comes up with a consensus on clear and simple tax rules applies only to remote sales, and that permanent solution to the Internet tax for a borderless marketplace. this is the intent of the current word- issue. Thus, it is unlikely to raise the We should not be focusing on how to ing. However, I will join with the Sen- geographic discrimination problem the make our tax codes less cumbersome ator from North Dakota in working to

VerDate Mar 15 2010 03:29 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S11906 CONGRESSIONAL RECORD — SENATE November 15, 2001 further clarify this language in con- so sales tax revenues would not go worked with the International City- ference. down. It would take care of an exten- County Management Association. We The PRESIDING OFFICER. The Sen- sion of the access tax, and it would pro- have worked with the National Asso- ator’s time has expired. Who yields vide some encouragement for the ciation of Counties and the Council of time? The Senator from Wyoming. States to do something to streamline State Governments. All of those folks AMENDMENT NO. 2155 and simplify their sales tax system. have endorsed what we have done and (Purpose: To foster innovation and techno- A very important procedure in this asked for Congress to take this step of logical advancement in the development of provision is one that protects start-up extending the moratorium with en- the Internet and electronic commerce, and and small businesses, and that is an ex- couragement. to assist the States in simplifying their clusion from having to collect any tax, In their letter they state, irrespec- sales and use taxes) even should the Congress at a future tive of previous letters on the Internet Mr. ENZI. Madam President, appar- date say that needs to be done, on sales tax moratorium and contrary to some ently under the unanimous consent of less than $5 million. That is not a dear colleague letters circulating in agreement, that brings us to the start-up business. That is not a small the Senate, we do not support legisla- amendment itself. As such, I yield my- business. So what this amendment ac- tion to reinstate the Internet tax mor- self 8 minutes, and I call up amend- tually does is extend the access taxes, atorium for 2 additional years. The let- ment No. 2155. in a very conservative way, so we ter is from those groups I mentioned. The PRESIDING OFFICER. The would not overreach on access taxes, Besides those groups, we have been clerk will report. but so we would put a prohibition on working with retailers from virtually The assistant legislative clerk read access taxes. every State. We have been working as follows: Then it gives some encouragement to with direct marketers and the Direct The Senator from Wyoming [Mr. ENZI], for the States to simplify their tax sys- Marketing Association. We have been himself, Mr. DORGAN, Mrs. HUTCHISON, Mr. tems. It does not agree it will be done. working with realtors. They have a GRAHAM, Mr. VOINOVICH, Mr. BREAUX, Mr. It does not put any tax into effect. It huge stake in this whole process as HUTCHINSON, and Mr. CARPER, proposes an gives them encouragement, and that is well. amendment numbered 2155. something Congress has not been giv- I have to say there are not provisions Mr. ENZI. Madam President, I ask ing them for the last 2 years. We have in this bill that satisfy any one of unanimous consent that the reading of not been giving them encouragement, those groups, but they recognize the the amendment be dispensed with. other than a few meetings we have had need to do this in order to get the The PRESIDING OFFICER. Without with them to see what kind of work States in a position where they can objection, it is so ordered. they can do, and they have been meet- provide for the kinds of services they (The text of the amendment is print- ing. They have been streamlining. have to provide in their communities. ed in today’s RECORD under ‘‘Amend- They have been working to come up I reserve the remainder of my time, ments Submitted.’’) with a system that will make it pos- and I yield the floor. The PRESIDING OFFICER. The Sen- sible for people to collect the sales tax The PRESIDING OFFICER. The Sen- ator from Wyoming. in a way that will benefit the States ator from Oregon. Mr. ENZI. Madam President, 2 years and the marketers. Mr. WYDEN. Madam President, as ago we passed a simple extension of the I hope my colleagues will take a look the original Senate sponsor of the moratorium. That is exactly what we at the bill. I know this is something Internet Tax Freedom Act, I have did 2 years ago, and now we are saying that has been talked about, reviewed spent 18 months trying to find common there have been no hearings held on it by a lot of people, particularly since we ground on this issue. For hour after and there has been no committee work turned in this last version of the bill, hour, we have gone at it, because obvi- on it. but through all of the versions that we ously the technology sector is being There have been individuals working have worked on. I know the guidelines pounded and local governments are un- on this because 2 years ago there were have been seen that are outlined for derstandably concerned about their a number of us who were deeply con- the States. There is some flexibility for revenues. Today, however, and I want cerned about what was going to happen the States yet, and that is a necessity to emphasize this to the Senate, many to revenues for cities, towns, counties, while they finish out their work, but in both camps are in agreement on and States. We have been working on it this bill contains some guidelines for what the Senate should do. Groups as in the meantime. We have been work- them. Then it provides for us to vote diverse as the American Electronics ing with people from the committees. on their provision when they get 20 Association and the National Con- We have been having groups come in. States together, if they can get 20 ference of State Legislatures are in I particularly want to mention Sen- States together. That is a pretty large agreement. ator DORGAN of North Dakota, Senator group of people to be able to get into a There ought to be a simple 2-year ex- GRAHAM of Florida, Senator WYDEN of compact. The encouragement for them tension of the current Internet Tax Oregon, Senator VOINOVICH of Ohio, to join the compact is, even if Congress Freedom Act. It would be a mistake to Senator ALLEN of Virginia, and Sen- approves the compact, they cannot support the substitute, although well- ator Carper of Delaware. A lot of us have remote sales tax collections with- intentioned, by the Senator from Wyo- have been working and meeting with out joining the compact. So we have ming. The current Internet Tax Free- any group that would meet with us to some requirements we have asked for dom Act makes it illegal to discrimi- talk about how we could handle this them for the simplification, and then nate against electronic commerce, and sales tax loophole. we have put a provision in if they can no jurisdiction in the country has been There is pain out there, there is get 20 States together—and again, I able to show that they have been hurt agony out there, and through a proc- want to mention how hard that is—the by their inability to discriminate. I ess—not a popular process because this Congress will vote on whether they want to emphasize to our colleagues amendment does not wind up with have simplified or not, whether they tonight, a vote for the Enzi substitute what any one group wants. Usually the have met criteria that we have imposed means millions of Americans could be process around here is to say: This either in the bill or in our minds since hit with new taxes for clicking on a group has enough votes to pass this, that time. It will require a vote of Con- Web page. and I am going to join that group and gress, and that complies with Federal The substitute is bad news because it we will build in what we can for other and Supreme Court direction we have changes the definition of Internet ac- people and expand the vote. That is not had before. cess so if Internet access includes re- what can happen because it does not I have a bill. I am pleased with the ceipt of content or services then Inter- put in any degree of fairness for any- support. I do want to mention it has net access can be taxed. That would body who is involved in the system. been a difficult process. We have mean, for millions of Americans, the So what we tried to do with this bill worked with the National Governors first thing they would get when they was go into a leveling process, one that Association. We have worked with the get on to the Web, news or weather or would provide for sales tax collections National League of Cities. We have sports, that could be taxed. If this were

VerDate Mar 15 2010 03:29 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY November 15, 2001 CONGRESSIONAL RECORD — SENATE S11907 not damaging enough, the substitute ference of State Legislatures, two Second, at the same time, collect a actually makes it possible to inflict groups that, on this issue, have in the tax that is already owed and make it those taxes retroactively to 1998. past disagreed again and again. Those much simpler for those who owe that I am of the view most Senators be- two groups, the American Electronics tax to comply with current law. lieve there ought to be a permanent Association and the National Con- We can do both of those. We can solve ban on Internet access taxes, that ference of State Legislatures, are both of those by beginning with this Internet access taxes widen the digital united saying the way for the Senate substitute. This substitute itself divide, and yet the substitute goes in to proceed is to go for a clean 2-year doesn’t solve the problem, but we have the opposite direction. extension of this moratorium and re- two choices. We can decide to ignore Our first economic responsibility ject the substitute. this problem and do nothing. But you ought to be to do no harm, but the sub- I yield the floor. know and I know it will not go away. stitute creates new opportunities for The PRESIDING OFFICER. The Sen- We will be back here next year or the economic mischief. ator from North Dakota. year after or 5 years from now. This For many Americans, basic Internet Mr. DORGAN. Madam President, I re- problem is going to grow, not recede. access is about plugging the computer quest the Chair please notify me when We can solve this problem now or we into a plain old phone line, dialing an I have used 4 minutes. can just do the moratorium, which, in- Internet Service Provider, such as Madam President, we need to decide cidentally, I have supported and do Erol’s or Earthlink, and logging on to what this debate is about and what it is support, but I support it with a solu- the Internet. Obviously, the blank not about. This is not a debate about a tion to the other problem. screen does no one any good; most peo- new tax. It is not a debate about a new We can do these in tandem by pro- ple when they click on to the Net they tax. My colleague referred to that. viding support for the Enzi substitute, get a Web page and start receiving in- That is not accurate, and I would be saying we want to do a number of formation and content on that Web happy to have a long and extended de- things. We want to extend this morato- page. For that, the substitute opens bate about that. But let’s understand rium. We don’t believe in punitive tax- those millions of people up to new what it is and is not. ation. We don’t believe in taxing ac- taxes. I support the Enzi-Dorgan substitute. cess. We want to do all the things Sen- The second flaw with the substitute I think it is an important piece of leg- ator WYDEN talked about with respect is it would not prevent every tax juris- islation. Let me describe what it does. to the moratorium, but we want to do diction from imposing new taxes on the We have two problems. One of the more than that. We want to solve an- Internet. Any of the 7,600 taxing juris- problems is that more and more sales other problem out, festering, and grow- dictions in America could go out and in this country now are being con- ing. It is not a problem that deals with concoct new taxes. For the life of me, ducted by remote sellers—Internet, a new tax. Anybody who talks about I cannot figure out why that would be catalog, and so on. On Main Streets of that is just dead wrong. It is a problem good for the economy right now. our communities we have sales being dealing with school finance, with fair- The third flaw in the substitute is it conducted by small business men and ness on Main Street, a problem with allows discrimination against remote women. When they make those sales, ballooning revenues that need to come and on-line sellers, forcing them to pay they collect the tax. They compete to support our schools, revenues that different tax rates than in-State busi- against a remote seller who makes a are now being lost because they are not nesses. The substitute permits the re- sale but does not charge the tax, even being paid. mote seller to be taxed differently than though a tax is owed on the trans- That is the choice, and I hope we an in-State business and, as a result, action. The tax is owed on a trans- make the right choice tonight. millions of small businesses will face action with the remote seller, but it is Let me make one final point. When significant large, new burdens trying never paid because it is a use tax and we pass the Enzi substitute, we have to navigate a system of multiple and people don’t file millions and millions not done anything except say to the varying tax rates. of use tax returns. The result is State States: You go ahead and develop this For example, in one part of Colorado and local governments are losing a sub- process and submit it to us later, and there are five distinct tax rates within stantial amount of money—$13 billion we will then make a judgment on a single zip code. No software exists it is estimated this year; by the year whether we will allow you to impose today that can help the small 2006, $45 billion, most of which goes to this collection. But our judgment will businessperson navigate the sea of bu- support local schools. So State and be based on whether you substantially reaucracy and redtape, and I hope the local governments are rightly con- have simplified your tax laws. Senate won’t force that daunting task cerned about funding for their schools. That is what the Enzi substitute on unsuspecting small businesses. There is also the issue of fairness for does, and that is why I support it. I will conclude with this comment. Main Street. That is a problem: Lack I yield the floor. Tonight, the Senate is being presented of funding for schools, a tax that is The PRESIDING OFFICER. The Sen- with two different views of Federal pol- owed but not paid, fairness for Main ator from Virginia. icy towards the Internet. The first, Street retailers. Mr. ALLEN. Madam President, I which is contained in the underlying The second problem is a problem for yield myself 8 minutes off the time of bill, stipulates that there ought to be a remote sellers. A remote seller says: I the opponents of the amendment. short, clean extension of current law don’t want to have to collect a tax and The PRESIDING OFFICER. The Sen- barring discriminatory taxes on elec- submit it to 5,000 or 7,000 jurisdictions. ator is recognized for 8 minutes. tronic commerce and nothing else. The That is a fair point. They should not Mr. ALLEN. Madam President, the substitute—the Senate Finance chair- have to do that. That is burdensome reality is, if we pass the Enzi-Dorgan man is absolutely right, and I am and too complicated. So we say solve amendment, the substitute, what we grateful for his support on this—hasn’t both problems. are in effect doing is imposing Internet had a hearing. It exposes millions of Require State and local governments access taxes and allowing discrimina- Americans to the prospects of new to make dramatic simplifications in tory taxes on the Internet. This is a taxes, creates the possibility of a crazy their tax systems. When they do, measure on which I know Senator ENZI quilt of Internet regulation throughout through a compact, submit that com- and Senator DORGAN have worked hard. the country, and looks to the possi- pact to the Congress for approval or Nevertheless, it has been changing al- bility that we would see scores of forms disapproval. If the Congress approves most by the day and certainly almost and paperwork that would chew up a that, then allow them to require re- by the hour in recent weeks. There has vast amount of time in compliance. mote sellers to collect the tax that is not been any scrutiny to it. I hope my colleagues will support the already owed on the transaction, solv- Let me associate myself, though, underlying bill, will reject the sub- ing both problems and dramatically with the remarks and observations of stitute, and join a diverse coalition simplifying compliance for the remote Senator WYDEN of Oregon. This does that includes the American Electronics sellers. And we will not approve it if it complicate the Tax Code. It is a very Association and the National Con- does not do that. complex issue which actually makes it

VerDate Mar 15 2010 03:29 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S11908 CONGRESSIONAL RECORD — SENATE November 15, 2001 worse. There are unfair taxes that line—$120. It is $121 at the store in well-built for this ‘‘new economy.’’ could occur even within a State if this Springfield. But, again, the savings is Technology has made it possible for were adopted and, indeed, it has added $3.50 if you go to the store over ship- commerce to transcend traditional taxes. ping and handling. local, state and even national borders. If we allow this amendment to be put If you buy a Dell computer on line, The issue here is how can we con- on, let’s have no doubt about it; the the price is exactly the same price as it tinue to grow the Internet while at the House is not going to conference. We is at Circuit City in Charlottesville, same time preserving state’s rights to will have this expired moratorium con- VA. But you would save money in that collect revenues on sales that tradi- tinuing. There are already States that the sales tax is $71. Shipping and han- tionally would be generate sales taxes. have access taxes that are grand- dling is $95. You would save approxi- Frankly, I believe that no state is in fathered. These are taxes, such as the mately $24. favor of creating new taxes so as to Spanish-American war tax that was Put all of that into context. If you cripple the growth of the Internet. But put on for telephone service, a luxury. are buying a dress, or somebody is buy- I do feel that states and localities Once taxes are put on by a State or lo- ing boots, you may like to try them on. should be able to collect taxes on le- cality, it is very hard to get them off. You may want to put them on to see if gitimate transactions that have a sub- There are two sides. There is a choice they fit. That is the advantage those in stantial nexus with their state so that Senators are going to need to make. the stores have over somebody buying they would be able to collect sales The opponents are for a tax-free Inter- on line. You can touch it. You can feel taxes on those transactions if they net. The other side is on the pro-tax- it. You can see how they fit. If there is were to physically take place in their collector side. The first decision we a problem, you bring them right back state. need to make is whether we extend the to that store. You don’t have to pay And many other organizations agree. Internet access tax moratorium or do handling and shipping and go through This legislation is supported by the we vote for the Enzi-Dorgan amend- all that annoyance and aggravation of National Governors Association, Na- ment which would result in allowing handling and shipping. tional Association of Counties, Na- Internet access taxes and discrimina- Say you wanted to buy your son or tional League of Cities, Council of tory Internet taxes. daughter the Harry Potter soundtrack State Governments, International City The opponents of this amendment but didn’t want to wait 5 days. Maybe and County Management Association, side with individuals. We side with en- you wanted to get an Allen Jackson National Retail Federation, National trepreneurs rather than siding with the soundtrack and listen to it driving Association of Retailers, E–Fairness tax collectors. home. You would want to get it right Coalition and companies such as Gate- We have heard that this is a loophole, away. Again, the convenience is there. way, Compaq, VerticalNet, Walmart, the fact that someone who has no phys- The point is there is competition. Target, HomeDepot, and Circuit City. ical presence in a State, gets no bene- This issue is truly about federalism— The idea that this is not a level playing fits from fire or police services, that the delineation of the role the federal field is not just borne out by the facts. they do not have to collect and remit government plays relative to state and While this is all very well intentioned, sales and use taxes to 7,600 jurisdic- local governments and the people. the solution is not burdening the free tions—that that is not a level playing With regard to sales taxes, there are enterprise system. The solution is not field, or it is a loophole. currently 45 states that rely on some I look at the Internet as an individ- harming the Internet, and the capabili- form of sales tax. These states receive, ualized enterprise zone where the con- ties and potential and possibilities of on average, almost 33 percent of their sumer, the individual, the human being the Internet for education, communica- annual operating budgets from sales is the one making the decisions, not tion, and commerce. taxes. In my state of Ohio, it’s 31.4 per- tax-collecting bureaucracies. Indeed, what is being tried here with cent. As far as this level playing field, let’s the Enzi-Dorgan amendment is to abro- Our States are in a very serious situ- assume you wanted to get your son or gate and negate a settled constitu- ation. A recent study prepared by the daughter a Harry Potter CD. If you or- tional law from Supreme Court deci- University of Tennessee shows that dered it on line, it would cost $16.26. sions, whether it was the Quill decision states could lose nearly $440 billion in That is including shipping and han- or whether it was the Bella Hess deci- sales tax revenue over the next decade dling. That would be getting it in 3 to sion, which say there cannot be tax- in Internet tax revenues if Congress 5 days in shipment. It would be 5 times ation without representation. does not empower our states to collect more in cost of shipping if you wanted I would like to work with the pro- revenues from remote sales. it overnight. Off line, at a store, it ponents of this amendment to find a These are revenues that would not be would be $14.62. system where the folks who care about available to build schools, pave roads, With the velour dress, here are cow- their local schools, as Senator DORGAN pay for emergency services or meet boy boots and a computer. Let me go said, can pay those use taxes. But I am other fundamental responsibilities. through the specification on each of going to stand on the side of freedom— In my home state of Ohio, our state these to show how this playing field is freedom of the Internet, trusting indi- government will lose more than $475 relatively level and, in fact, you actu- viduals and entrepreneurs—and not on million in fiscal year 2002 and Ohio is ally save money by going to a store, as the side of making this advancement in projected to lose $596 million in fiscal well as convenience. Amazon.com on technology easier to tax for the tax year 2003 in revenue forgone from their line, total price, shipping and handling, collectors. ability to raise funds from Internet is $16.26. If you go to Best Buy in I reserve whatever time I may have sales. Springfield, VA, paying a sales tax, it remaining. And as our economy moves more and is $14.62. Savings by going to the store The PRESIDING OFFICER. The Sen- more towards E-commerce, the fiscal is $1.64. Again, we took the lowest ship- ator from Ohio. impact on Ohio and other states will ping and handling. Mr. VOINOVICH. Madam President, I continue to damage the abilities of our Again, this is where we take the low- yield myself 4 minutes. states to fund their own services. This est shipping and handling. Madam President, I rise in support of lost revenue merely exacerbates the Let’s assume you wanted to buy the amendment offered by my col- difficult fiscal challenges Ohio and yourself or your bride a dress. There is leagues, Senators ENZI and DORGAN. other states face as they suffer reve- a velour dress from Spiegel.com, on Most experts agree that this explosion nues losses from the current economic line, at $89. The price at the store is ac- in electronic commerce, made possible downturn. tually a little more. At Tyson’s Corner, through the Internet, helped fuel our For the federal government to shield at Macy’s, it is $95. But when you put most recent economic surge and con- Internet sellers from state tax collec- in the tax versus shipping and han- tributed to the greatest sustained pe- tion responsibilities would usurp the dling, you save money by going to the riod of growth in our nation’s history. autonomy of the states and force them store. However, most would agree that the to cut services and/or raise revenue Say you wanted to buy yourself some current framework of thousands of elsewhere through additional taxes or boots. This is what it would cost on state and local tax jurisdictions is now fees.

VerDate Mar 15 2010 03:29 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY November 15, 2001 CONGRESSIONAL RECORD — SENATE S11909 In my view, preempting the states in the last month or so. But it is very ing 293 employees by April. Later in such a critical area as e-commerce clear to me that if this amendment February, it said it would file for bank- without addressing the state and local were to become law—by the way, the ruptcy protection. revenue needs suggests that Congress House would never allow it to become Here is the Webvan Group story. Cut is not as committed to the principles of law. But let’s say it could become law. staff in April 2001 by 30 percent or 885 federalism. I think it would wreak havoc on Inter- employees. They also closed operations And it could force the states to come net commerce. Let me tell you why. in Sacramento, CA, and in Atlanta, the to Washington in order to make up the Look at page 3 of the amendment. latest in a series of shutdowns. In July funds we have taken away from them. Look at section 3, and look at para- 2001, they announced plans to close all For those concerned about the growth graph A. There is a 1, which clearly remaining operations and terminate of the federal government, as I am, it states that Internet service providers 2,000 employees. will be very difficult to say ‘‘no’’ when could be forced to go back retro- The general economy is in trouble. states argue for more money if Con- actively to 1998 and remit Internet ac- We have seen more layoffs in 1 month gress by inaction has taken away a rev- cess taxes to the States. than we have in 21 years. enue source. Can you imagine the burden that The PRESIDING OFFICER. The Sen- That is why this amendment by Sen- would put on this country at a time in ator’s time has expired. ators ENZI and DORGAN is so important. our history when we are in a major re- Mrs. BOXER. Madam President, I ask It provides a permanent extension of cession? unanimous consent for 30 seconds to the moratorium on Internet access Second, Senator ENZI’s amendment conclude my remarks. taxes, and extends the moratorium on would not prohibit new taxes on Inter- The PRESIDING OFFICER. Without multiple and discriminatory taxes for net access and, although it would keep objection, it is so ordered. five years. the moratorium on ‘‘discriminatory Mrs. BOXER. So, in closing, this In addition, this amendment encour- and multiple’’ taxes, it may not pre- amendment is flawed. It will allow new ages states to develop a streamlined vent ‘‘new’’ taxes on electronic com- Internet access taxes. It will force the system of sales and use taxes that pro- merce. collection of Internet access taxes vides: a centralized multi-state reg- Finally, I want to state that these going back to 1998. It will allow taxing istration system for sellers; uniform are statements made by my friend and on content. And it comes at a time rules for attributing transactions to colleague from Oregon, RON WYDEN, in when the economy is tanking. particular taxing jurisdictions; uni- a far more articulate way than I. I am For goodness sakes, we cannot even form procedures for exempt purchases; trying to underscore what he said. get an economic stimulus package uniform software certification proce- If you look at page 4, you see that passed, and the first thing we do, late dures; uniform tax return and remit- the Enzi proposal would allow taxes on on a Thursday night, is look at ways to tance forms; consistent electronic fil- Internet content. It is very clear that get more people laid off. ing and remittance methods; and pro- the moratorium on Internet access I hope we will vote, in a bipartisan tections for consumer privacy. taxes would no longer apply to Internet way, against the Enzi amendment. This amendment will also allow Con- content. I yield back my time. gress to remain involved before any Can you imagine people connecting The PRESIDING OFFICER. Who state moves to tax any Internet trans- to the Internet and suddenly being yields time? actions. Once 20 states have developed charged every time perhaps they con- The Senator from Florida. and adopted an Interstate Simplified nected to the Web? Mr. GRAHAM. I yield myself 5 min- Sales and Use Tax Compact, the states In my view, this is a very dangerous utes off the proponents’ time. will submit the Compact to Congress. kind of amendment because if it does The PRESIDING OFFICER. The Sen- Our State and local governments are become law it will wreak havoc on ator may proceed. not interested in putting a damper on business on the Internet, and not only Mr. GRAHAM. Madam President, the expansion of the Internet; they business, but just the right to get on this is the most important vote that want it to prosper like all of us. the Web and read content and to be we are going to take in this Congress, The real question before us is: how able to do that without extra charges. first or second session, on education, can we ensure that our businesses and This is not the time for that. on public services, and on fundamental our nation are able to compete in this Madam President, this was updated fairness in America’s marketplace. new, technology driven economy with- as of October 5, 2001. The Wall Street Why do I make that statement? I out sacrificing the principles of fed- Journal has printed 30 pages of compa- make that statement because, first, eralism which have served us well for nies that have gone out of business. I State and local governments are very over 200 years? State economies benefit will give you some of them. AdMart: dependent on the sales tax in order to from the healthy and unfettered announced plans to shut down, lay off fund their basic public service respon- growth of electronic sales. All they and 334 employees. Advertising.com: an- sibilities, specifically education, po- traditional retailers ask is fair treat- nounced plans to lay off 72 employees, lice, and fire. ment. or 25 percent of its staff. And it goes on Let me just give you some examples. Federalism can adapt and even flour- and on and on. The city of Boston: 10 percent of its ish when we remember to work as part- You will remember some of these revenue comes from its local sales tax. ners with our state and local govern- companies. We remember the Webvan That represents approximately half of ments. That is why I urge my col- that went out of business. But it just its annual cost of its police and fire leagues to support the Enzi-Dorgan goes on and on. You would recognize services. amendment. some of these companies. The city of Detroit: 10 percent of its I yield the floor. Is this a time, I would ask my col- total revenue comes from its local The PRESIDING OFFICER. The Sen- leagues, to go after this industry? It is sales tax. That represents two-thirds of ator from California. the wrong time. It is the wrong time, the cost of its police and fire services. Mrs. BOXER. Madam President, I and it is a dangerous time. I will give In Milwaukee, 23 percent of the local yield myself 5 minutes in opposition to you some more examples. revenue comes from its sales tax which the Enzi amendment. Barnes & Noble.com said in February represents almost 100 percent of the The PRESIDING OFFICER. The Sen- 2001 it will cut 350 jobs, or 60 percent of cost of its police and fire. ator may proceed. its workforce. At a State level, to use my State of Mrs. BOXER. Thank you very much, Beautyjungle.com, a cosmetics sell- Florida as an example, 73 percent of Madam President. er, laid off 60 percent of their work- our general revenue comes from the I rise in strong opposition to the Enzi force and then shut down. sales tax, and 70 percent of that gen- amendment, and I hope we will defeat I will go on. eToys: In January 2001, eral revenue is used to finance edu- it by a very strong bipartisan vote. it said it would lay off 700 people, or 70 cation and the public emergency serv- I have read this amendment over and percent of its workforce. In February ices, such as State police and our judi- over. It has changed mightily during 2001, it said it would let go the remain- cial system.

VerDate Mar 15 2010 03:29 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S11910 CONGRESSIONAL RECORD — SENATE November 15, 2001 If there were to be a significant ero- for the most important services ren- have gotten more hearings. If this idea sion of our sales tax, in these cities in dered by our State and local govern- makes sense, it should go through a my State, and the other 45 States ments. I urge a vote against the mo- proper hearing process before it comes which are very dependent on the sales tion to table. to the floor. It would create an atmos- tax, there would be an immediate im- The PRESIDING OFFICER. The Sen- phere where 7,000 different jurisdictions pact on their primary responsibilities ator from New Hampshire. across the States could end up taxing of education and public services. Mr. GREGG. Madam President, I rise the Internet. That would be chaos and Second, State governments and local in opposition to the amendment and would fundamentally undermine this governments are facing a hem- yield myself 5 minutes. engine of prosperity and economic orrhaging of the sales tax. To use my The PRESIDING OFFICER. The Sen- growth which we had and which we State again as an example, the State of ator may proceed. continue to have and which we con- Florida collects approximately $30 bil- Mr. GREGG. Madam President, there tinue to lead the world in, which is the lion a year in sales tax. The General are a number of issues that are raised Internet. Accounting Office has estimated that by this amendment which are very sig- Those are the substantive reasons by the year 2003, there will be a 4-per- nificant. It comes to us tonight with- why this is a bad idea at this time. cent erosion of that sales tax revenue out having any hearings, without hav- There is probably an equally, if not by virtue of sales tax that will not be ing any airing in the public sector of more important procedural reason. If required to be collected because the any significance. Yet it addresses some this amendment passes, it is a poison sale will be made by a distant seller. of the most fundamental issues of con- pill. It will kill the Internet tax mora- Then, according to a study made by stitutional law, and the relationship torium. It will mean that there will be the University of Tennessee, 3 years between States and between the Fed- no moratorium for the next 2 years. later, in the year 2006, that will go up eral Government and States, that we The House has said it is not going to from 4 percent to almost 8 percent of could confront as a Congress. It is sim- take this language. It is not going to our State’s sales tax revenue. ply precipitous to pass this amendment conference this language. So as a prac- That is what I call a hemorrhaging of in this rushed format. tical matter, the Internet tax morato- the ability of a major State—illus- The amendment would go right at rium is dead. The underlying bill here trative of the other 45 sales tax the heart of what has been a long his- would cause a 2-year tax moratorium. States—to be able to finance basic pub- tory of case law settled by the Supreme And if the language of this amendment lic services. Court and reverse it. It would reverse makes sense, that will give us more Third, there is no rationale for this the Bella Hess case and the Quill case than ample time to proceed in the discrimination in favor of one group of which, essentially, are cases which said proper course through the proper hear- retailers over another group of retail- that there must be a nexus between the ing procedure to listen to the argu- ers. This is not a new tax. This is a re- seller of the goods and the State in ments for this proposal. It can be sponsibility to collect a tax which is which the goods are sold before a tax passed any time during this next 2 paid by the ultimate consumer and can be assessed against the seller of the years. which has been in place in most States, goods. What can’t be done during the next 2 including mine, for over a half a cen- This amendment would reverse that. years, if we don’t have an Internet tax tury. This is not a new tax. It is a re- That is the purpose of this amendment. moratorium, is put back together sponsibility for equality of treatment It does not affect just Internet trans- Humpty Dumpty because we will lit- in the collection of an existing tax. erally have thousands of jurisdictions This will do serious harm. It will do actions. There is an equally large effort here which will put in place taxes against more harm to our traditional Main to reverse the issue as it has been dealt the Internet as soon as they have that Street retailers. Why should we say to opportunity, as soon as it is clear that a local bookstore that they have to col- with in catalog sales. Yet the proposal is going to be dealt with in 2 hours in there is going to be no moratorium. We lect the sales tax on the Harry Potter will have chaos which we will never be book, but that if you buy it from a dis- the Senate Chamber. Clearly, it is pre- cipitous because the implications are able to sort out. tant store, they do not have to collect The amendment, although obviously huge. the sales tax? There is no rationale to sincerely principled and aggressively The second major constitutional that policy. pursued, has serious substantive prob- problem with the amendment is that it There have been, in the past, times in lems. I hope we will not pass this creates this brandnew regime where 20 which there has been a public policy amendment because it will represent a States can bind the other 30 States. that said, we will provide a lessened poison pill and it will end up killing This is truly an excess of the minority sales tax or some other preferential the Internet tax moratorium. over the majority. It reverses the con- benefit in order to stimulate the sale of The PRESIDING OFFICER (Mr. MIL- a product that we consider to be in the cept of federalism and turns it on its LER). Who yields time? public interest. head and says if 20 States reach agree- The Senator from Delaware. In my State, we did it, for instance, ment, then the rest of the 30 States Mr. CARPER. Mr. President, I rise in for solar energy. But we are not talk- have to follow that agreement. If you support of the amendment and yield ing about new products here; we are are going to change constitutional law, myself 4 minutes. talking about books, we are talking you have to have a three-fifths vote. The PRESIDING OFFICER. The Sen- about clothes, we are talking about There is no way you can do it with 20 ator may speak. electronic items. It is not the product; States. And yet that is the attempt Mr. CARPER. Mr. President, Dela- it is the method of sale of the product here. ware is one of five States that has no that is getting the discriminatory ben- This is a roundabout way of trying to sales tax. One might think as a result eficial treatment. amend what is essentially a constitu- we have no dog in this fight. We do. I Finally, there have been statements tional procedure without using the ap- think we all do, whether we happen to made about all of the horrors that are propriate constitutional procedures. If be from a sales tax State or not. going to happen if we pass this amend- it were passed, it would truly set up a My colleague who spoke immediately ment. People forget, this amendment precedent which would fundamentally before me said we haven’t had hearings had no life, had no vitality until this harm the concept of federalism. If it is on this proposal. We have had discus- Congress, by a separate independent af- used here, I can see this concept of 20 sion in this Chamber, in the House, in firmative act, at some point in the fu- States getting together and ganging up State houses across the country, cer- ture, voted to institute this authority on the rest of the States being used tainly in Governors’ meetings for the of the States to collect the sales tax fairly regularly. last 3 years. We don’t need a hearing to through distant sellers. The amendment itself on the issue of know that States are under duress. The PRESIDING OFFICER. The Sen- substance is wrong and inappropriately Their economies are struggling. Their ator’s time has expired. presented. It certainly is wrong on the revenue growth is down and in some Mr. GRAHAM. Madam President, issue of the manner in which it has cases negative. Spending is up. Unem- this is an extremely important issue been brought forward in that it should ployment is up. Out-of-pocket costs for

VerDate Mar 15 2010 03:29 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY November 15, 2001 CONGRESSIONAL RECORD — SENATE S11911 health care for Medicaid are up, and this issue and realizing how important own. Of course, with local businesses they are in between a rock and a hard it is to other States. I will definitely and consumers in an uproar, States place. work to get that done. What we are would have to retaliate. Then we come We have been debating this week how trying to do is have an even playing to lawsuits. At some point, the Federal can we help those States in their time field here. I will work to get that as Government is going to step in and be of need. Some have said: Let’s increase part of the definition and clarification. called to set regulations and taxing the Federal share for Medicaid. Others Mr. CARPER. I thank the Senator for levels, and here we go on down the road have said: Let’s provide an extension of his assurances. where the Government sets the sales unemployment insurance and pay for it The PRESIDING OFFICER. The Sen- tax rate. They would then have the with Federal dollars. Others have said: ator from New Hampshire. venue they needed to have a national Let’s pass a stimulus package. Maybe Mr. SMITH of New Hampshire. Mr. sales tax. we should provide a sales tax holiday President, I rise as an opponent to the Some have argued for a national and let the Federal Government pay amendment and yield myself 3 min- sales tax, but this would be on top of for that—something I don’t think is a utes. the income tax. If you don’t like the good idea, but that has been put for- The PRESIDING OFFICER. Without income tax, you are not going to be too ward. objection, it is so ordered. happy about having a sales tax on top A much better idea is the Enzi-Dor- Mr. SMITH of New Hampshire. Mr. of it. gan amendment that lies before us President, I rise in opposition to this This is a multibillion-dollar increase, today, the product of many years work amendment because e-commerce is at a regulatory monster, and it must be between the States, between Gov- the very heart of our economy. It stopped. I urge my colleagues to vote ernors, mayors, county executives, leg- brings billions of dollars in revenues, against the Enzi amendment and sup- islators here, and previous administra- provides huge surpluses to local, State, port Main Street and freedom. tions as well as the current administra- and Federal coffers throughout the The PRESIDING OFFICER. Who tion. What does it do? Anybody listen- country. Why, particularly in an eco- yields time? ing to this debate has to be confused. nomic slowdown, would we want to Mr. WYDEN. Mr. President, we are This amendment provides for exten- saddle an industry with huge new tax moving to wrap this up. I want to come sions of bans on multiple and discrimi- increases and heavy bureaucratic and back to a couple points because I think natory taxes for 5 years, and it extends regulatory burdens? It does not make there is confusion, for example, on the the ban on access taxes permanently. sense. Internet access charge issue. There is a That is what it does. What it also does The National Bureau of Economic sense among some Senators that this is is it empowers the States to work Research concludes that imposing something that would have to be ap- among themselves to see if 20 of them these multibillion dollar tax increases proved by this body. That is not cor- can agree on a simplified approach to- and government burdens would result rect. This amendment—the sub- ward collecting taxes from remote sell- in a 30 percent reduction in purchases stitute—changes the definition of ers. If they can come to an agreement over the Internet. Think of what that Internet access, and it can be applied and provide that kind of a simplified would do to the economy. It would to millions of Americans without any approach, then that plan would come have a devastating effect. further action by the Senate. to us and we would have the oppor- For the first time in history, govern- In particular, what the amendment tunity to vote yes or no as to whether ment bureaucrats in one State will says is that it would be possible to or not States can actually proceed. If have the power to tax the people in an- ‘‘tax content or services.’’ That is vir- we vote no, they can’t proceed. other State. That is not right. The tually everything. Nobody wants a Our voting for this amendment hours and capital required to comply blank screen on their computer. Of today, even if it ended up in the final with the Tax Code from the IRS and course, they are going to have a Web bill signed by the President, would not State and local taxing agencies are page with news, weather, and basic in- authorize the collection of a sales tax going to be overwhelming under this formation. The fact is that the sub- by remote vendors. It simply sets in amendment. Not only would stitute means that millions of Ameri- motion a process which could lead to businessowners be under the glass with cans could be hit with new taxes just another vote by us somewhere down the usual suspects, but now they are for clicking on a Web page, and this the line. going to be open to thousands of bu- could be done without any further ac- My last point: If you happen to be a reaucratic agencies looking into their tion by the Senate. brick and mortar vendor in a State and business to get a cut. I think most Senators believe there you have a sales tax and you are re- I can assure you if a State or local of- ought to be a permanent ban on Inter- quired to collect a sales tax and are ficial spends money to come across the net access taxes, that Internet access selling a piece of luggage or a shirt or country to audit you, he is going back taxes widen the digital divide. Yet the wallet, a CD player, and you have to with some money. In New Hampshire, substitute on the Internet access tax collect sales taxes on those items and we don’t have a sales tax, and I believe issue goes in just the opposite direc- charge more for those items and there it is a regressive tax that dispropor- tion. A lot of Americans think Internet is somebody who is buying it remotely tionately affects the poor and working access is plugging the computer into a from another State, where are people class. It is a State’s decision as to phone line, dialing up the Internet pro- going to shop? More and more they are whether they want to impose the tax. vider, and logging onto the net. Then shopping on the Internet. They are not Under this legislation, New Hampshire you would get a blank screen. Of going to the local vendor. It is not fair residents would be forced to pay these course, you want information and con- to the local vendor who is collecting taxes to businesses all across the coun- tent. People need to know, as they the taxes that pay for the schools and try. Due to the increased costs of pay- move to this vote, that they could be public safety and transportation and ing these out-of-State taxes, and the taxed for getting those kinds of serv- other things. It is just not fair. flood of audits, our residents would pay ices that many of them believe are es- One aspect of this amendment I am substantially higher prices for goods sential, such as the weather. not comfortable with deals with Ama- and services. At the end of the day, I pledge to zon.com and the eBay issue which I So allowing State and local govern- continue to work with the Senator have discussed with Senators ENZI and ments the power to target taxpayers from Wyoming. He has been extremely DORGAN. I hope when we get to con- outside their own State, where those sincere and extremely dedicated. How- ference, we will have an opportunity to people have nothing to say at the bal- ever this vote comes out, I want to address those issues. lot box, would set a horrible precedent. make it clear that I will work closely I yield to Mr. ENZI for whatever time Frankly, I believe it is unconstitu- with him, Senator DORGAN, and all the he consumes. tional. Senators who see this differently than Mr. ENZI. I thank the Senator from States would then be able to use this I, Senator BAUCUS, Senator MCCAIN, Delaware, particularly since he is from new sword to target businesses and and others. We are going to have to a non-sales-tax State, for supporting States that were competing with their stay at it.

VerDate Mar 15 2010 03:29 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S11912 CONGRESSIONAL RECORD — SENATE November 15, 2001 When you vote tonight, you are talk- The extension of the current morato- Furthermore, State and local reve- ing about two very differing ap- rium of the Internet Tax Freedom Act nues and budgets are especially critical proaches with respect to Internet pol- of 1998 expired this past Sunday on Oc- now as these governments are respond- icy. One approach that we advocate to- tober 21, 2001. I believe this amendment ing to protect the security of all of our night is backed by the American Elec- would thoroughly address this issue as citizens and businesses. Any action to tronics Association and the National well as the simplification of State and extend the current moratorium with- Conference of State Legislatures. The local use tax systems. out creating a level playing field would other is opposed by virtually all of the We had to take a look at the Internet perpetuate a fundamental inequity and technology groups in the country. sales tax issue for people who might be ignore a growing problem that will I yield the floor. using legislative vehicles to develop gravely affect the readiness of the na- The PRESIDING OFFICER. The Sen- huge loopholes in our current system. tion. We need to preserve the system for ator from Wyoming. After months of hard work, negotia- Mr. ENZI. Mr. President, I yield my- those cities, towns, counties, and tions, and compromise, this amend- self 3 minutes. states that rely on the ability to col- ment has been filed. I would like to I thank all of those people who have lect the sales tax they are currently commend several of my colleagues for been dedicated in their work on this getting. I believe that the moratorium their commitment to finding a solu- issue. There have been innumerable on Internet access taxes and multiple tion. I know this amendment is the so- meetings, and Senator MCCAIN, Sen- and discriminatory taxes on the Inter- lution. The amendment makes perma- ator DORGAN, Senator KERRY, Senator net should not be extended without ad- nent the existing moratorium on Inter- WYDEN, and I have been the primary dressing the larger issue of sales and net access taxes, but extends the cur- people. We have met with these dif- use tax collection on electronic com- rent moratorium on multiple and dis- ferent groups to see what parts of the merce. criminatory taxes for an additional Internet were their interests. Certainly, no Senator wants to take This bill is as close as we can come to steps that will unreasonably burden four years through December 31, 2005. pulling everybody to the center. No, it the development and growth of the Throughout the past several years, doesn’t please everybody. Does it Internet. At the same time, we must we have heard that catalog and Inter- please most of the people? I certainly also be sensitive to issues of basic com- net companies say they are willing to hope so, and we will have a vote to de- petitive fairness and the negative ef- allow and collect sales tax on inter- termine whether it does or not. But fect our action or inaction can have on state sales, regardless of traditional or this does make permanent the Internet brick-and-mortar retailers, a critical Internet sales, if states will simplify access tax prohibition. Now that is economic sector and employment force collections to one rate per state sent to something that Gateway, VerticalNet, in all American society. In addition, we one location in that state. I think that Compaq, and other high-tech folks must consider the legitimate need of is a reasonable request. I have heard have wanted and do want. State and local governments to have the argument that computers make it This bill does not have new taxes in the flexibility they need to generate possible to handle several thousands it. This bill has a provision so that resources to adequately fund their pro- tax entities, but from an auditing States will be encouraged to simplify grams and operations. standpoint as well as simplicity for As the only accountant in the Sen- their taxes and, at some future time, in small business, I support one rate per ate, I have a unique perspective on the order to comply with the Supreme State. dozens of tax proposals that are intro- Court decisions mentioned here, there duced in Congress each year. In addi- I think the States should have some will be a vote to see if Congress ap- tion, my service on the state and local responsibility for redistribution not a proves of their simplification. Unless levels and my experiences as a small business forced to do work for govern- the vast majority of the States are in- business owner enable me to consider ment. Therefore, the amendment would volved in that, I am sure they won’t these bills from more than one view- put Congress on record as urging states get approval. point. and localities to develop a streamlined We passed a moratorium 2 years ago, I understand the importance of pro- sales and use tax system, which would and we promised all of these govern- tecting and promoting the growth of include a single, blended tax rate with mental agencies and all of the other Internet commerce because of its po- which all remote sellers can comply. people with an interest in sales tax tential economic benefits. It is a valu- You need to be aware that states are that we would put a bill together, solve able resource because it provides ac- prohibited from gaining benefit from their problem, bring them a solution. cess on demand. Therefore, I do not the authority extended in the bill to Have there been hearings? Everybody support a tax on the use of Internet require sellers to collect and remit says there have not been hearings. itself. sales and use taxes on remote sales if There have been a lot of meetings. I do, however, have concerns about the states have not adopted the sim- There has not been a bill produced using the Internet as a sales tax loop- plified sales and use tax system. other than what we have here. hole. Sales taxes go directly to state This is a promise we made to local Further, the amendment would au- and local governments and I am very thorize states to enter into an Inter- and State governments 2 years ago. leery of any Federal legislation that This is some action we can take on it. state Sales and Use Tax Compact bypasses their traditional ability to through which members would adopt It doesn’t make anything final, but it raise revenue to perform needed serv- the streamlined sales and use tax sys- provides incentive to get people to- ices such as school funding, road repair tem. Congressional authority and con- gether to work on a problem that is and law enforcement. I will not force sent to enter into such a compact necessary. Cities, towns, and counties, states into a huge new exemption. would expire if it has not occurred by not to mention States, have been put While those who advocate a perma- January 1, 2006. The amendment also under some unusual circumstances just nent loophole on the collection of a since September 11. We need to have a sales tax over the Internet claim to authorizes states to require all other mechanism for them to be able to fund represent the principles of tax reduc- sellers to collect and remit sales and them. We have not promised funding tion, they are actually advocating a use taxes on remote sales once Con- for everything. We have made them do tax increase. Simply put, if Congress gress has acted to approve the compact a lot. This gives them an opportunity continues to allow sales over the Inter- by law within a period of 120 days after to work out a system whereby they can net to go untaxed and electronic com- the Congress receives it. continue to operate, continue to have merce continues to grow as predicted, The amendment also calls for a sense revenues that are on a declining basis revenues to state and local govern- of the Congress that before the end of at the moment, and this is something ments will fall and property taxes will the 107th Congress, legislation should so that we can have a vote. This just have to be increased to offset lost rev- be enacted to determine the appro- provides for a vote of Congress at a fu- enue or States who do not have or be- priate factors to be considered in estab- ture date when there has been stream- lieve in state income taxes will be lishing whether nexus exists for State lining. forced to start one. business activity tax purposes.

VerDate Mar 15 2010 03:29 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY November 15, 2001 CONGRESSIONAL RECORD — SENATE S11913 I strongly support this amendment similar content or services over the If we don’t continue to work on this because I do not think there is ade- counter, over a cable wire, or via any definition, we will go contrary to the quate protection now. It is very impor- other means. The discrimination could findings in the legislation we are con- tant we do not build electronic loop- affect a variety of products and serv- sidering. If we allow the current defini- holes on the Internet, an every-chang- ices that I don’t think any of us envi- tion of Internet access to remain un- ing Internet, one that is growing by sioned as part of access to the Internet. changed, we will be authorizing the dis- leaps and bounds, one that is finding In a nutshell, the current definition es- parate treatment of the sales of iden- new technology virtually every day. sentially includes anything and every- tical products depending on whether Mr. President, I recognize this body thing, except telecommunications that the sale occurs online or not. In sim- has a constitutional responsibility to could be offered as a part of a package plest terms, the current definition of regulate interstate commerce. Fur- of Internet access services, including Internet access would exempt the sales thermore, I understand the desire of television programs, radio broadcasts, of many products and services that several senators to protect and pro- games, books, music, motion pictures would be taxed if sold in any other mote the growth of Internet commerce. and other such products and services. way. Besides the fiscal problem this I am very concerned, however, with Following mergers of Internet service would cause for states, this is also fun- any piece of legislation that mandates providers and media and entertainment damentally unfair, and should be pre- or restrict State and local govern- companies, it is not hard to envision an vented. I think formulating a good def- ments’ ability to meet the needs of its ISP that provides these services and in- inition of Internet access presents a citizens. This has the potential to pro- cludes all of the items in one bill to a host of opportunities that we should vide electronic loopholes that will take customer. For example, an ISP could not let pass by. It gives us an oppor- away all of their revenue. This amend- provide downloadable movies to cus- tunity to define a critical component ment would designate a level playing tomers—allowing a customer to of the infrastructure of our new econ- field for all involved—business, govern- download a set number of movies each omy—and, in doing so, provide a defini- ment, and the consumer. month includable in their monthly fee tion that allows all new economy com- The States, and not the Federal Gov- for Internet access, while paying extra panies, both large and small, to operate ernment, should have the right to im- for any movies beyond the included on a level playing field. It provides us pose, or not to impose, consumption amount. This sets up some perverse with an opportunity to provide a clear taxes as they see fit. The reality is and discriminatory situations. First, definition that reduces the probability that emergency response personnel, for example, someone who pays $9.95 of litigation over the exact meaning of law enforcement officials, and other es- for basic Internet service that doesn’t the statute. And, it provides us with an sential services are funded largely by include movies would have to rent opportunity to insure that we do no states and local governments, espe- movies separately and pay tax on those harm to the fiscal stability of many cially through sales taxes. Passing an rentals, while customers of an ISP that levels of government—while providing extension of the current moratorium include movies in its $21.95 service a positive environment in which busi- without taking steps toward a com- would not pay tax on those movies. ness can survive. prehensive solution would leave many Second, the tax-exempt benefit of pur- I hope to continue to work with my states and local communities unable to chasing more expensive Internet access colleagues at a later date to develop a fund their services. I urge my col- services doesn’t stop at just movies. definition of Internet access that pre- leagues to vote for this amendment. Providers could also include music, serves the tax-exemption for access to In the current definition in § 1104(5) of publications—and someday soon, the basic services and resources of the the ITFA: downloadable nightly cable broad- Internet. casts—and under the current definition The Internet is such a powerful tool The term ‘‘Internet access’’ means a serv- of education and commerce that we ice that enables users to access content, in- these would also be exempt from tax. I formation, electronic mail, or other services don’t think any of us ever envisioned should do everything we can to make offered over the Internet, and may also in- when we first debated and enacted a sure that each American can take ad- clude access to proprietary content, informa- temporary moratorium that the scope vantage of it. At the same time, we tion, and other services as part of a package of services provided over the Internet need to insure that our goal assisting of services offered to users. Such term does was intended to cover anything beyond in the provision of basic access is not not include telecommunications services. basic access. subverted by an overly broad definition I do want to address one very impor- I believe that the current definition of access that allows a host of digital tant issue that has not been addressed of Internet access needs to be examined goods and services to be bundled to- in this amendment. One of the most closely by the Congress so that we gether and sold tax exempt. Such sub- important aspects of this legislation don’t do damage where we intend to do version would only serve to weaken deals with State and local taxation of good. I have tried a number of different state and local governments at this im- Internet access services. There is gen- approaches to defining it, and each of portant time in our nation’s history. eral agreement in this body that there them has issues and problems. I am not I ask unanimous consent that a let- should be no new State and local taxes ready to give up, however. ter from the National Governors Asso- on basic Internet access as a way to as- Furthermore, there are also some ciation, National League of Cities, sist every American to be able to take that believe the current definition of International City/County Manage- advantage of the Internet and its re- Internet access needs to be changed be- ment Association, National Associa- sources. That is a goal I obviously sup- cause it unfairly discriminates among tion of Counties, and Council of State port, and my amendment will do that. providers of Internet access and gives Governments be printed in the RECORD. As you know, however, I have serious some providers advantages over others. There being no objection, the mate- concerns with the current definition of The current definition favors large rial was ordered to be printed in the Internet access. I am concerned that companies over small. It also excludes RECORD, as follows: without further work, it will subvert telecommunications services from the NATIONAL GOVERNORS ASSOCIATION, our intent, discriminate against some definition of access. In doing so, the NATIONAL LEAGUE OF CITIES, INTERNATIONAL CITY/COUNTY MAN- Internet Service providers, and impact language could be interpreted to ex- AGEMENT ASSOCIATION, NATIONAL state and local governments. Thus, I clude Wireless Web Access because all ASSOCIATION OF COUNTIES, COUN- want to continue to work with my col- services provided by wireless compa- CIL OF STATE GOVERNMENTS, leagues at a later date to refine that nies are considered ‘‘telecommuni- November 6, 2001. definition so that we accomplish our cations.’’ Thus, Internet access pur- Hon. THOMAS A. DASCHLE, aim without doing harm. chased from one company might be ex- Majority Leader, U.S. Senate, The Capitol, The problem is that the current defi- empt, but it could be taxable if pur- Washington, DC. nition is so broad, and technology is chased from a wireless provider. I know Hon. TRENT LOTT, Minority Leader, U.S. Senate, The Capitol, changing so fast that the current defi- our intent is not to discriminate Washington, DC. nition could unfairly discriminate among Internet access providers, but DEAR SENATOR DASCHLE AND SENATOR against many businesses that provide that is the effect of current law. LOTT: Irrespective of previous letters on the

VerDate Mar 15 2010 03:29 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S11914 CONGRESSIONAL RECORD — SENATE November 15, 2001 Internet tax moratorium and contrary to Dayton Hollings Rockefeller ficult vote for many of us. We do not some ‘‘Dear Colleague’’ letters circulating in DeWine Hutchinson Santorum support any tax on the Internet itself. the Senate, we do not support legislation to Dorgan Hutchison Sarbanes Durbin Jeffords We don’t support access taxes. We reinstate the Internet tax moratorium for Shelby Enzi Johnson don’t support content taxes. We don’t two additional years. Four organizations Specter Feingold Kerry Stabenow listed below support legislation by Senator support discriminatory taxes. Many of Fitzgerald Levin Thomas us would like to see a permanent mora- Enzi (S. 1567) that would create a level play- Graham Lincoln Voinovich Grassley Mikulski torium on all of those kinds of taxes. ing field so that remote and Main Street sell- Wellstone ers receive equal treatment. The National Harkin Nelson (NE) At the same time, a lot of us were League of Cities is working closely with Sen- Helms Reed caught in a place where we thought it ator Enzi and believes that S. 1567 represents The motion was agreed to. important to send the message that we a promising opportunity to resolve this crit- Mr. MCCAIN. Mr. President, I move have to get back to the table in order ical issue. to reconsider the vote. to come to a consensus as to how we Sincerely, Mrs. BOXER. I move to lay that mo- equalize the economic playing field in RAYMONG C. SCHEPPACH, tion on the table. the United States in a way that is fair. Executive Director, I hope the Senator from Arizona will National Governors Association. The motion to lay on the table was DONALD J. BOUNT, agreed to. follow up with us, so we can come back Executive Director, Mr. MCCAIN. Mr. President, I think to that table to do what is sensible and National League of Cities. we are in agreement the major aspects fair. I look forward to the chance to do WILLIAM H. HANSELL, of this legislation have been decided. that. Executive Director, International So I do not think, unless someone de- The PRESIDING OFFICER. The Sen- City/County Management Association. sires it, that we need another recorded ator from Oregon. LARRY MAAKE, vote. Mr. WYDEN. Mr. President, before Executive Director, the Senator from Massachusetts National Association of Counties. The PRESIDING OFFICER. If there be no amendment to be offered, the leaves, I want him to know, as the DANIEL MY. SPRAGUE, original Senate sponsor, I want to re- Executive Director question is on the third reading of the Council of State Governments. bill. double my efforts to work with him and Senator ENZI and all of our col- The PRESIDING OFFICER. The Sen- The bill (H.R. 1552) was ordered to a third reading and was read the third leagues. We may be able to see that ator has consumed his 3 minutes. Does there is a technological fix here that is the Senator yield back his time? time. The PRESIDING OFFICER. The bill going to make it possible to collect Mr. ENZI. I reserve the remainder of taxes owed. my time. The other side has used their having been read the third time, the question is on the passage of the bill. There is a lot of good will on both time? sides. This is by no means the end of The PRESIDING OFFICER. The op- The bill (H.R. 1552) was passed. Mr. MCCAIN. Mr. President, I move the issue. I am very pleased the Sen- ponents have used all of their time. ator from Massachusetts is ending this The proponents have 2 minutes. to reconsider the vote, and I move to lay that motion on the table. discussion in a conciliatory way be- Mr. ENZI. I yield back the remainder The motion to lay on the table was cause we are going to have to stay at of my time. agreed to. it. He has my pledge as the original The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The Sen- sponsor of this effort to do it. ator from Arizona. ator from Arizona. The PRESIDING OFFICER. The Sen- Mr. MCCAIN. Mr. President, on be- Mr. MCCAIN. Mr. President, I appre- ator from Massachusetts. YDEN Mr. KERRY. Mr. President, as an half of myself and Senator W , I ciate the debate. I appreciate the ef- original author and cosponsor of the move to table the Dorgan-Enzi amend- forts made on both sides of this very moratorium, which I believe in, I ap- ment and I ask for the yeas and nays. difficult issue. The closeness of it real- preciate the comments. I had hoped, The PRESIDING OFFICER. Is there a ly dictates that we do sit down and and in many ways thought this was not sufficient second? work something out on this issue with ripe for this vote, but I think it was There is a sufficient second. Senator DORGAN, Senator KERRY, Sen- important for us to have gone through The question is on agreeing to the ator ALLEN—all of those with whom we the process. I look forward to seeing if motion. have met in numerous, countless hours we can come up with a sensible resolu- The clerk will call the roll. on this issue. It is very clear we need tion. The legislative clerk called the roll. to come to some kind of agreement The PRESIDING OFFICER. Are there I thank the Chair. rather than go through moratorium The PRESIDING OFFICER. The Sen- any other Senators in the Chamber de- after moratorium. siring to vote? ator from Wyoming. Mrs. BOXER. Mr. President, the Sen- Mr. ENZI. I thank my colleagues, The result was announced—yeas 57, ate is not in order. who have just spoken, for their com- nays 43, as follows: The PRESIDING OFFICER. The Sen- ments, for the effort they put forth. I [Rollcall Vote No. 341 Leg.] ate will come to order. thank all the people for allowing the YEAS—57 The Senator from Arizona. debate that happened. That had to be Allard Edwards McConnell Mr. MCCAIN. Mr. President, I con- done by unanimous consent. Allen Ensign Miller clude by saying I think we should begin Now we know our work is cut out for Baucus Feinstein Murkowski meetings as soon as possible so we can Bennett Frist Murray us. Two years ago we passed a morato- Biden Gramm Nelson (FL) resolve this issue so there is a reason- rium. Tonight we passed a moratorium. Bond Gregg Nickles able resolution. I know the proponents Hopefully before 2 years is up we will Boxer Hagel Reid of this amendment which was just de- have done something that will solve Brownback Hatch Roberts feated spent great labor and effort on Bunning Inhofe Schumer the problem. I appreciate the commit- Burns Inouye Sessions it. I congratulate them for their argu- ment of the chairman of the Commerce Byrd Kennedy Smith (NH) ments. I look forward to working with Committee to make that happen. I am Campbell Kohl Smith (OR) them. This is an issue that needs to be Cantwell Kyl Snowe sure all the people who are involved in Cochran Landrieu Stevens resolved. this issue will be extremely happy that Corzine Leahy Thompson I yield the floor. some work will be done on it. The hear- Craig Lieberman Thurmond The PRESIDING OFFICER. The Sen- ings will be held. The consensus will be Crapo Lott Torricelli ator from Massachusetts. Dodd Lugar Warner arrived at because it is necessary for Domenici McCain Wyden Mr. KERRY. Mr. President, I say to our cities, towns, counties, and States. the distinguished Senator from Ari- NAYS—43 I yield the floor. zona, we spent a lot of hours working The PRESIDING OFFICER. The Sen- Akaka Carnahan Clinton through this with Senator ENZI, Sen- Bayh Carper Collins ator from Arizona. Bingaman Chafee Conrad ator DORGAN, Senator MCCAIN, myself, Mr. MCCAIN. Mr. President, I have Breaux Cleland Daschle and many others. This was a very dif- been involved in a number of issues in

VerDate Mar 15 2010 03:29 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY November 15, 2001 CONGRESSIONAL RECORD — SENATE S11915 my time here. I know of no two people potentiary of the United States of America FOREIGN SERVICE who have worked harder on an issue to the Commonwealth of The Bahamas. PN1139 Foreign Service nomination of Ter- than the Senator from Wyoming and George L. Argyros, Sr., of California, to be ence J. Donovan, which was received by the Ambassador Extraordinary and Pleni- Senate and appeared in the Congressional the Senator from North Dakota. potentiary of the United States of America That renews my commitment to try Record of October 16, 2001. to Spain, and to serve concurrently and PN1140 Foreign Service nominations (23) as hard as I can to come to an agree- without additional compensation as Ambas- beginning Keith E. Brown, and ending ment because they deserve an all-out sador Extraordinary and Plenipotentiary of Olivier C. Carduner, which nominations were effort on an issue on which we are fun- the United States of America to Andorra. received by the Senate and appeared in the Larry Miles Dinger, of Iowa, a Career damentally in agreement. Congressional Record of October 16, 2001. Member of the Foreign Service, to be Ambas- I thank the Chair. I thank my col- sador to the Federated States of Micronesia. f leagues. Darryl Norman Johnson, of Washington, a LEGISLATIVE SESSION I yield the floor. Career Member of the Senior Foreign Serv- Mr. STEVENS. Mr. President, I sug- ice, Class of Minister-Counselor, to be Am- The PRESIDING OFFICER. Under gest the absence of a quorum. bassador Extraordinary and Plenipotentiary the previous order, the Senate will now The PRESIDING OFFICER. The of the United States of America to the King- return to legislative session. dom of Thailand. clerk will call the roll. Lyons Brown, Jr., of Kentucky, to be Am- f The assistant legislative clerk pro- bassador Extraordinary and Plenipotentiary UNANIMOUS CONSENT AGREE- ceeded to call the roll. of the United States of America to the Re- MENT—CONFERENCE REPORT AC- Mr. DASCHLE. Mr. President, I ask public of Austria. COMPANYING S. 1447 unanimous consent the order for the William D. Montgomery, of Pennsylvania, quorum call be rescinded. a Career Member of the Senior Foreign Serv- Mr. DASCHLE. Mr. President, I ask The PRESIDING OFFICER. Without ice, Class of Minister-Counselor, to be Am- unanimous consent that the majority bassador Extraordinary and Plenipotentiary objection, it is so ordered. leader, following consultation with the of the United State of America to the Fed- Republican leader, may proceed to the Mr. DASCHLE. Mr. President, I eral Republic of Yugoslavia. thank all of those Senators who were Melvin F. Sembler, of Florida, to be Am- conference report to accompany S. involved in the array of legislative bassador Extraordinary and Plenipotentiary 1447, the Aviation Security Act; that it items that we have taken up today. of the United States of America to Italy. be considered under the following limi- This has been quite a busy day, with a Charles Lawrence Greenwood, Jr., of Flor- tations: 90 minutes for debate, with the ida, a Career Member of the Senior Foreign lot of coordination and a tremendous time equally divided and controlled be- Service, Class of Minister-Counselor, for the tween the chairman and ranking mem- amount of work. I think we have ac- rank of Ambassador during his tenure of complished a good deal today. service as Coordinator for Asia Pacific Eco- ber of the Commerce Committee or I also report that the Commerce nomic Cooperation (APEC). their designees; that upon the use or Committee has completed its work. I Stephan Michael Minikes, of the District yielding back of time, the conference compliment the chair and ranking of Columbia, to be U.S. Representative to report be adopted, and the motion to the Organization for Security and Coopera- member of the Commerce Committee reconsider be laid upon the table, with tion in Europe, with the rank of Ambassador. no further intervening action or de- for their work on the aviation security Ernest L. Johnson, of Louisiana, to be an bill. We will be addressing that bill a Alternate Representative of the United bate. little later. States of America to the Fifty-sixth Session Mr. BURNS. Reserving the right to object, and I will not object, is that S. f of the General Assembly of the United Na- tions. 1447? EXECUTIVE SESSION William J. Hybl, of Colorado, to be Rep- Mr. DASCHLE. That is correct. resentative of the United States of America Mr. BURNS. Reserving the right to to the Fifty-sixth Session of the General As- object, and I will not object, there are EXECUTIVE CALENDAR sembly of the United Nations. Nancy Cain Marcus, of Texas, to be an Al- some of us who did not and will not Mr. DASCHLE. Mr. President, I ask ternate Representative of the United States sign the conference report. I will make unanimous consent that the Senate of America to the Fifty-sixth Session of the my statement this evening, but we proceed to executive session to con- General Assembly of the United Nations have not seen the bill and will not see sider Executive Calendar Nos. 547 Robert M. Beecroft, of Maryland, a Career it until the morning. I think it is ask- through 566, and 568, and the nomina- Member of the Senior Foreign Service, Class ing a little bit of those of us who have of Minister-Counselor, for the rank of Am- tions on the Secretary’s desk; that the bassador during his tenure of service as Head a responsibility to the aviation indus- nominations be confirmed, the motions of Mission, Organization for Security and Co- try and the security of this country to to reconsider be laid upon the table, operation in Europe (OSCE), Bosnia and not see that legislation before it any statements thereon be printed in Herzegovina. passes. We understand there are some the RECORD, that the President be im- Charles Lester Pritchard, of Virginia, for dogs and cats in there and some things mediately notified of the Senate’s ac- the rank of Ambassador during his tenure of to which we cannot agree. service as Special Envoy for Negotiations tion, and that the Senate return to leg- with the Democratic People’s Republic of So I want to put myself on record islative session. Korea (DPRK) and United States Represent- that I will oppose this piece of legisla- The PRESIDING OFFICER. Without ative to the Korean Peninsula Energy Devel- tion, but I will not hold it up. objection, it is so ordered. opment Organization (KEDO). I thank the leader. The nominations considered and con- AFRICAN DEVELOPMENT BANK Mr. DASCHLE. I thank the Senator firmed are as follows: Cynthia Shepard Perry, of Texas, to be from Montana. THE JUDICIARY United States Director of the African Devel- Mr. MCCAIN. If the majority leader Odessa F. Vincent, of the District of Co- opment Bank for a term of five years. will yield to me for a second, I can in- lumbia, to be an Associate Judge of the Su- INTER-AMERICAN DEVELOPMENT BANK form the Senator from Montana that I perior Court of the District of Columbia for Jose A. Fourquet, of New Jersey, to be understand his concerns. A copy of the the term of fifteen years. United States Executive Director of the bill is available at this time in room DEPARTMENT OF STATE Inter-American Development Bank for a SD–512. term of three years. Raymond F. Burghardt, of Florida, a Ca- The PRESIDING OFFICER. Is there UNITED STATES AGENCY FOR INTERNATIONAL reer Member of the Senior Foreign Service, objection? DEVELOPMENT Class of Minister-Counselor, to be Ambas- Without objection, it is so ordered. sador Extraordinary and Plenipotentiary of Constance Berry Newman, of Illinois, to be Mr. DASCHLE. Mr. President, with an Assistant Administrator of the United the United States of America to the Social- that understanding, I inform all Sen- ist Republic of Vietnam. States Agency for International Develop- ment. ators there will be no more rollcall Ronald Weiser, of Michigan, to be Ambas- votes tonight, nor do we anticipate sador Extraordinary and Plenipotentiary of UNITED STATES AGENCY FOR INTERNATIONAL the United States of America to the Slovak DEVELOPMENT now that there will be any rollcall Republic. John Marshall, of Virginia, to be an Assist- votes tomorrow. J. Richard Blankenship, of Florida, to be ant Administrator of the United States We have a number of other matters Ambassador Extraordinary and Pleni- Agency for International Development. we will take into account during wrap-

VerDate Mar 15 2010 03:29 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S11916 CONGRESSIONAL RECORD — SENATE November 15, 2001 up. I will begin with one, and there will neutrinos, tiny particles that can only nisms exist in deep environments from which be others that will be addressed. All be detected deep underground where sunlight is excluded? How are heat and water the matters, of course, in wrap-up will thousands of feet of rock block out transported underground over long distances and long times? be offered in consultation with the Re- other cosmic radiation. American scientists have been among the publican leader and have his consent. Recently, I received a letter from Dr. world leaders in research in these under- f John Bahcall. Dr. Bahcall is a scientist ground studies. But we have had to travel to at the Institute for Advanced Study in Japan, to Italy, to Russia, to South Africa, HOMESTAKE MINE CONVEYANCE Princeton, NJ. He was awarded the Na- to Finland, to India and to other countries in ACT OF 2001 tional Medal of Science in 1998, and is order to carry out our experiments. During Mr. DASCHLE. Mr. President, I ask a widely recognized expert in neutrino the past year, I had the privilege of chairing unanimous consent that the Environ- science and an authority on the poten- a national committee of distinguished re- ment and Public Works Committee be search scientists that was charged with the tial of an underground laboratory. In a task of recommending whether or not the discharged from further consideration recent letter to me, he explained, United States should develop its own na- of S. 1389, and the Senate proceed to its ‘‘There are pioneering experiments in tional laboratory to support the under- consideration. the fields of physics, astronomy, biol- ground scientific work of physicists, astrono- The PRESIDING OFFICER. Without ogy, and geology that can only be car- mers, biologists, and geologists. We were objection, it is so ordered. The clerk ried out in an environment that is also asked to make a recommendation as to will report the bill by title. shielded from the many competing phe- whether the expenditure of funds for this The legislative clerk read as follows: nomena that occur on the surface of purpose would, in a highly constrained budg- etary situation, be beneficial to the sci- A bill (S. 1389) to provide for the convey- the earth. These experiments concern ance of certain real property in South Da- entific enterprise. such fundamental and applied subjects The committee had many meetings in this kota to the State of South Dakota with in- as: How stable is ordinary matter? country and in other countries where major demnification by the United States Govern- What is the dark matter of which most underground scientific facilities are cur- ment, and for other purposes. of our universe is composed? What new rently active. The committee reached two There being no objection, the Senate types of living organisms exist in deep conclusions. First, it is in the best interest proceeded to consider the bill. underground environments from which of the United States to develop a national AMENDMENT NO. 2161 sunlight is excluded? How are heat and underground science laboratory only if this (Purpose: To provide a complete substitute) facility would be the best in the world. Sec- water transported underground over ondly, the Homestake Gold Mine could be Mr. DASCHLE. Mr. President, I have long distances and long times?’’ converted into the premier underground lab- an amendment at the desk, and I ask This research, as well as other re- oratory in the world. The recommendations unanimous consent that the amend- search that could be conducted in the of the committee have been endorsed by pan- ment be considered and agreed to, and mine, has the potential to answer fun- els of scientists representing different dis- the motion to reconsider be laid upon damental questions about our universe. ciplines. the table. The National Science Foundation is al- I hope that these remarks are useful to you The PRESIDING OFFICER. Without and to your colleagues. ready considering a $281 million pro- Sincerely yours, objection, it is so ordered. posal for the construction of this lab- JOHN BAHCALL, The amendment (No. 2161) was agreed oratory. National Medal of Science, 1998. to. I want to thank all of those who have Mr. DASCHLE. Mr. President, I ask (The text of the amendment is print- been involved in the development of unanimous consent that the bill, as ed in today’s RECORD under ‘‘Amend- this legislation. I particularly appre- amended, be read a third time, passed, ments Submitted.’’) ciate the hard work and support of and the motion to reconsider be laid Mr. DASCHLE. Mr. President, I am Governor Bill Janklow of South Da- upon the table, with no intervening ac- delighted that the Senate has approved kota and officials with the Homestake tion or debate, and that any state- a modified version of S. 1389, the and Barrick mining companies, who ments thereon be printed in the Homestake Mine Conveyance Act of helped us to reach agreement on this RECORD. 2001. legislation. I also want to thank my The PRESIDING OFFICER. Without This important legislation will en- colleague, Senator JOHNSON, a cospon- objection, it is so ordered. able the construction of a new, world- sor of this bill, for all of his work. In The bill (S. 1389), as amended, was class scientific research facility deep in particular, Senator JOHNSON’s ability read the third time and passed. the Homestake Mine in Lead, SD. Not to secure the $10 million in transition Mr. DASCHLE. Mr. President, we only will this facility create an oppor- funds that will bridge the gap between have a number of other items to be tunity for critical breakthroughs in Homestake’s closure and the establish- taken up. physics and other fields, it will provide ment of the laboratory has been crit- f unprecedented new economic and edu- ical to this effort. cational opportunities for South Da- I ask unanimous consent that the MEASURE READ THE FIRST kota. letter from Dr. John Bahcall be printed TIME—H.R. 2873 Just over a year ago, the Homestake in the RECORD. Mr. DASCHLE. Mr. President, I un- Mining Company announced that it in- There being no objection, the letter derstand that H.R. 2873, which was just tended to close its 125-year-old gold was ordered to be printed in the received from the House, is at the desk, mine in Lead, SD, at the end of 2001. RECORD, as follows: and I now ask for its first reading. This historic mine has been a central PROFESSOR JOHN N. BACHALL, The PRESIDING OFFICER. The part of the economy of the Black Hills INSTITUTE FOR ADVANCED STUDY, clerk will read the bill for the first for over a century, and the closure of Princeton, NJ, November 8, 2001. time. the mine was expected to present a sig- The Hon. TOM DASCHLE, The legislative clerk read as follows: nificant economic blow to the commu- U.S. Senate, Washington, DC. A bill (H.R. 2873) to extend and amend the nity. DEAR SENATOR TOM DASCHLE: I would like program entitled Promoting Safe and Stable to summarize for you the scientific impor- In the wake of this announcement, Families under title IV-B, subpart 2 of the tance of the National Underground Science Social Security Act, and to provide new au- you can imagine the surprise of South Laboratory to be located in the Homestake Dakotans to discover that a committee thority to support programs for mentoring Gold Mine near Lead, South Dakota. children of incarcerated parents; to amend of prominent scientists viewed the clo- There are pioneering experiments in the the Foster Care Independent Living Program sure of the mine as an unprecedented fields of physics, astronomy, biology, and ge- under title IV-E of that Act to provide for new opportunity to establish a Na- ology that can only be carried out in an en- educational and training vouchers for youths tional Underground Science Labora- vironment that is shielded from the many aging out of foster care, and for other pur- tory in the United States. Because of competing phenomena that occur on the sur- poses. face of the earth. These experiments concern the extraordinary depth of the mine such fundamental and applied subjects as: Mr. DASCHLE. Mr. President, I now and its extensive existing infrastruc- How stable is ordinary matter? What is the ask for its second reading and object to ture, they found that the mine would dark matter of which most of our universe is my own request on behalf of my col- be an ideal location for research into composed? What new types of living orga- leagues.

VerDate Mar 15 2010 03:29 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY November 15, 2001 CONGRESSIONAL RECORD — SENATE S11917 The PRESIDING OFFICER. Objec- (6) The CHALENG assessment referred to in Department of benefits and services to homeless tion is heard. The bill will remain at paragraph (2) reports— veterans. the desk. (A) that Department of Veterans Affairs and ‘‘(2)(A) In providing advice to the Secretary community providers were responsible for estab- under this subsection, the Committee shall— f lishing almost 500 beds for homeless veterans ‘‘(i) assemble and review information relating during 2000, including emergency, transitional, to the needs of homeless veterans; HEATHER FRENCH HENRY HOME- and permanent beds; and ‘‘(ii) provide an on-going assessment of the ef- LESS VETERANS ASSISTANCE (B) that there is a need for about 45,724 addi- fectiveness of the policies, organizational struc- ACT tional beds to meet current needs of homeless tures, and services of the Department in assist- Mr. DASCHLE. Mr. President, I ask veterans. ing homeless veterans; and (7) Nearly four decades ago, the Nation estab- ‘‘(iii) provide on-going advice on the most ap- unanimous consent that the Senate lished a goal of sending a man to the moon and propriate means of providing assistance to proceed to the immediate consider- returning him safely to earth within a decade homeless veterans. ation of Calendar No. 191, S. 739. and accomplished that goal, and the Nation can ‘‘(3) The Committee shall— The PRESIDING OFFICER. The do no less to end homelessness among the Na- ‘‘(A) review the continuum of services pro- clerk will report the bill by title. tion’s veterans. vided by the Department, whether directly or by The legislative clerk read as follows: (b) HOMELESS VETERAN DEFINED.—In this Act, contract, in order to define cross-cutting issues the term ‘‘homeless veteran’’ means a veteran and to improve coordination of all services in A bill (S. 739) to amend title 38, United who is homeless (as that term is defined in sec- the Department that address the special needs States Code, to improve programs for home- tion 103(a) of the McKinney-Vento Homeless As- of homeless veterans; less veterans, and for other purposes. sistance Act (42 U.S.C. 11302(a)). ‘‘(B) identify (through annual assessments There being no objection, the Senate SEC. 3. NATIONAL GOAL TO END HOMELESSNESS under section 1774 of this title and other avail- proceeded to consider the bill, which AMONG VETERANS. able resources) gaps in programs of the Depart- had been reported from the Committee (a) NATIONAL GOAL.—Congress hereby de- ment in serving homeless veterans, including on Veterans’ Affairs, with an amend- clares it to be a national goal to end homeless- identification of geographic areas with unmet ment to strike all after the enacting ness among veterans within a decade. needs, and provide recommendations to address those gaps; clause and inserting in lieu thereof the (b) COOPERATIVE EFFORTS ENCOURAGED.— Congress hereby encourages all departments and ‘‘(C) identify gaps in existing information sys- following: agencies of Federal, State, and local govern- tems on homeless veterans, both within and out- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. ments, quasi-governmental organizations, pri- side the Department, and provide recommenda- (a) SHORT TITLE.—This Act may be cited as vate and public sector entities, including com- tions about redressing problems in data collec- the ‘‘Heather French Henry Homeless Veterans munity-based organizations, and individuals to tion; Assistance Act’’. work cooperatively to end homelessness among ‘‘(D) identify barriers under existing laws and (b) TABLE OF CONTENTS.—The table of con- veterans within a decade. policies to effective coordination by the Depart- ment with other Federal agencies and with tents for this Act is as follows: SEC. 4. ADVISORY COMMITTEE ON HOMELESS Sec. 1. Short title; table of contents. VETERANS. State and local agencies addressing homeless Sec. 2. Findings; definition. (a) IN GENERAL.—Chapter 5 of title 38, United populations; Sec. 3. National goal to end homelessness States Code, is amended by adding at the end ‘‘(E) identify opportunities for enhanced liai- among veterans. the following new section: son by the Department with nongovernmental Sec. 4. Advisory Committee on Homeless Vet- organizations and individual groups addressing ‘‘§ 546. Advisory Committee on Homeless Vet- homeless populations; erans. erans Sec. 5. Meetings of Interagency Council on the ‘‘(F) with appropriate officials of the Depart- ‘‘(a)(1) There is established in the Department Homeless. ment designated by the Secretary, participate the Advisory Committee on Homeless Veterans Sec. 6. Evaluation of programs and activities with the Interagency Council on the Homeless (hereinafter in this section referred to as the regarding homeless veterans. under title II of the McKinney-Vento Homeless ‘Committee’). Sec. 7. Per diem payments for furnishing serv- Assistance Act (42 U.S.C. 11311 et seq.); ‘‘(2) The Committee shall consist of not more ‘‘(G) recommend appropriate funding levels ices to homeless veterans. than 15 members appointed by the Secretary for specialized programs for homeless veterans Sec. 8. Dental care for homeless veterans. from among the following: provided or funded by the Department; Sec. 9. Programmatic expansions. ‘‘(A) Veterans service organizations. ‘‘(H) recommend appropriate placement op- Sec. 10. Various authorities. ‘‘(B) Advocates of homeless veterans and tions for veterans who, because of advanced Sec. 11. Life safety code for grant and per diem other homeless individuals. age, frailty, or severe mental illness, may not be providers. ‘‘(C) Community-based providers of services to appropriate candidates for vocational rehabili- Sec. 12. Assistance for grant applications. homeless individuals. tation or independent living; and Sec. 13. Extension of homeless veterans re- ‘‘(D) Previously homeless veterans. ‘‘(I) perform such other functions as the Sec- integration program. ‘‘(E) State veterans affairs officials. retary may direct. SEC. 2. FINDINGS; DEFINITION. ‘‘(F) Experts in the treatment of individuals ‘‘(c)(1) Not later than March 31 of each year, (a) FINDINGS.—Congress makes the following with mental illness. the Committee shall submit to the Secretary a findings: ‘‘(G) Experts in the treatment of substance use report on the programs and activities of the De- (1) On the field of battle, the members of the disorders. partment that relate to homeless veterans during Armed Forces who defend the Nation are honor- ‘‘(H) Experts in the development of permanent the preceding year. Each such report shall in- bound to leave no one behind and, likewise, the housing alternatives for lower income popu- clude— Nation is honor-bound to leave no veteran be- lations. ‘‘(A) an assessment of the needs of homeless hind. ‘‘(I) Experts in vocational rehabilitation. veterans; (2) The Department of Veterans Affairs report ‘‘(J) Such other organizations or groups as the ‘‘(B) a review of the programs and activities of known as the Community Homeless Assessment, Secretary considers appropriate. the Department designed to meet such needs, in- Local Education, and Networking Groups for ‘‘(3) The Committee shall include, as ex officio cluding the evaluation of outreach activities re- Veterans (CHALENG) assessment, issued in members— quired under paragraph (2); May 2000, reports that during 1999 there were ‘‘(A) the Secretary of Labor (or a representa- ‘‘(C) a review of the activities of the Com- an estimated 344,983 homeless veterans, an in- tive of the Secretary selected after consultation mittee; and crease of 34 percent above the 1998 estimate of with the Assistant Secretary of Labor for Vet- ‘‘(D) such recommendations (including rec- 256,872 homeless veterans. erans’ Employment and Training); ommendations for administrative and legislative (3) The 1996 National Survey of Homeless As- ‘‘(B) the Secretary of Defense (or a represent- action) as the Committee considers appropriate. sistance Providers and Clients found that, al- ative of the Secretary); ‘‘(2)(A) The Committee shall include in each though veterans constitute only 13 percent of ‘‘(C) the Secretary of Health and Human report under paragraph (1) an evaluation of the the adult population, veterans comprise 23 per- Services (or a representative of the Secretary); outreach activities of the Department with re- cent of homeless clients. and spect to homeless veterans, including outreach (4) Homelessness among veterans is persistent ‘‘(D) the Secretary of Housing and Urban De- regarding clinical issues and outreach regarding despite unprecedented economic growth and job velopment (or a representative of the Secretary). other benefits. creation and general prosperity. ‘‘(4) The Secretary shall determine the terms ‘‘(B) The Committee shall conduct each eval- (5) While there are many effective programs of service and pay and allowances of the mem- uation under this paragraph in consultation that assist homeless veterans to again become bers of the Committee, except that a term of with the Under Secretary for Benefits, the productive and self-sufficient members of soci- service may not exceed three years. The Sec- Under Secretary for Health, the Readjustment ety, current resources provided to such programs retary may reappoint any member for additional Counseling Service, the Director of Homeless and other activities that assist homeless vet- terms of service. Veterans Programs, and the Mental Health erans are inadequate to provide all needed es- ‘‘(b)(1) The Secretary shall, on a regular Strategic Health Care Group. sential services, assistance, and support to basis, consult with and seek the advice of the ‘‘(C) In including an evaluation under this homeless veterans. Committee with respect to the provision by the paragraph in a report under paragraph (1), the

VerDate Mar 15 2010 03:29 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00049 Fmt 0624 Sfmt 6333 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S11918 CONGRESSIONAL RECORD — SENATE November 15, 2001 Committee shall set forth in the report the fol- (2) Information about the veterans contacted States Code, are amended by striking ‘‘December lowing: through the program. 31, 2001’’ and inserting ‘‘December 31, 2006’’. ‘‘(i) The results of the evaluation. (3) Information about processes under the pro- SEC. 10. VARIOUS AUTHORITIES. ‘‘(ii) Any recommendations that the Com- gram. (a) EMPLOYMENT PROGRAMS.—The Secretary mittee considers appropriate to improve the out- (4) Information about program treatment out- of Veterans Affairs may authorize homeless vet- reach activities of the Department with respect comes under the program. erans receiving care through vocational reha- to homeless veterans, including recommenda- (5) Other information the Secretary considers bilitation programs to participate in the com- tions for enhanced interagency cooperation and relevant in assessing the program. pensated work therapy program. enhanced cooperation between the Department (6) Information about supported housing pro- (b) SUPPORTED HOUSING FOR VETERANS PAR- and appropriate community organizations and grams. TICIPATING IN COMPENSATED WORK THERA- recommendations for additional activities to (7) Information about the grant and per diem PIES.—(1) The Secretary may authorize homeless complement, supplement, or otherwise eliminate provider program of the Department. veterans in the compensated work therapy pro- deficiencies in the outreach activities. (d) ANNUAL PROGRAM ASSESSMENT.—Section gram to be provided housing through the thera- ‘‘(3) Not later than 90 days after the receipt of 1774(b) of title 38, United States Code, is amend- peutic residence program under section 1772 of a report under paragraph (1), the Secretary ed— title 38, United States Code, or through grant shall transmit to the Committees on Veterans’ (1) in paragraph (1), by inserting ‘‘annual’’ and per diem providers. Affairs of the Senate and House of Representa- after ‘‘to make an’’; and (2) As used in this subsection, the term ‘‘grant tives a copy of the report, together with any (2) by adding at the end the following new and per diem provider’’ means an entity in re- comments and recommendations concerning the paragraph: ceipt of a grant under section 3 or 4 of the report that the Secretary considers appropriate. ‘‘(6) The Secretary shall review each annual Homeless Veterans Comprehensive Service Pro- ‘‘(4) The Committee may also submit to the assessment under this subsection, and shall con- grams Act of 1992 (38 U.S.C. 7721 note). Secretary such other reports and recommenda- solidate the findings and conclusions of such as- (c) REPORT ON ASSIGNMENT OF HOMELESS CO- tions as the Committee considers appropriate. sessments into an annual report which the Sec- ORDINATORS AT VBA REGIONAL OFFICES.—(1) ‘‘(5) The Secretary shall include with each an- retary shall submit to Congress.’’. Not later than 120 days after the date of the en- nual report submitted to Congress pursuant to SEC. 7. PER DIEM PAYMENTS FOR FURNISHING actment of this Act, the Secretary shall submit section 529 of this title a summary of all reports SERVICES TO HOMELESS VETERANS. to the Committees on Veterans’ Affairs of the and recommendations of the Committee sub- (a) INCREASE IN RATE OF PER DIEM PAY- Senate and the House of Representatives a re- mitted to the Secretary since the previous an- MENTS.—Section 4(a) of the Homeless Veterans port on the assignment of Homeless Coordina- nual report of the Secretary submitted pursuant Comprehensive Service Programs Act of 1992 (38 tors at the Regional Offices of the Veterans to that section. U.S.C. 7721 note) is amended by striking ‘‘at Benefits Administration. ‘‘(d)(1) Except as provided in paragraph (2), such rates’’ and all that follows through ‘‘home- (2) The report shall include the following: the provisions of the Federal Advisory Com- less veteran—’’ and inserting the following: ‘‘at (A) A list of the Regional Offices of the Vet- mittee Act (5 U.S.C. App.) shall apply to the ac- the same rates as the rates authorized for State erans Benefits Administration for which Home- tivities of the Committee under this section. homes for domiciliary care provided under sec- less Coordinators have been assigned. ‘‘(2) Section 14 of such Act shall not apply to tion 1741 of title 38, United States Code, for serv- (B) A description of the manner in which each the Committee.’’. ices furnished to homeless vet- Regional Office listed under subparagraph (A) (b) CLERICAL AMENDMENT.—The table of sec- erans—’’. staffs the assignment, whether as a collateral tions at the beginning of such chapter is amend- (b) EFFECTIVE DATE.—The amendment made hire, by rotation of staff, or by a full-time em- ed by adding at the end the following new item: by subsection (a) shall take effect on the first ployee, including the caseload of the position ‘‘546. Advisory Committee on Homeless Vet- day of the first fiscal year beginning after the and the amount of time spent on the caseload by erans.’’. date of the enactment of this Act. each employee assigned to fulfill the duties of SEC. 8. DENTAL CARE FOR HOMELESS VETERANS. the position. SEC. 5. MEETINGS OF INTERAGENCY COUNCIL ON (C) In the case of any Regional Offices for THE HOMELESS. Section 1712(a)(1)(H)(ii) of title 38, United which no Homeless Coordinator has been as- Section 202(c) of the McKinney-Vento Home- States Code, is amended by inserting ‘‘(includ- signed, a description of the manner in which less Assistance Act (42 U.S.C. 11312(c)) is amend- ing a homeless veteran)’’ after ‘‘for a veteran’’. such Regional Office addresses matters relating ed to read as follows: SEC. 9. PROGRAMMATIC EXPANSIONS. to homeless veterans. (a) TRANSITIONAL HOUSING.—Effective October ‘‘(c) MEETINGS.—The Council shall meet at the (D) An evaluation of the demand for services 1, 2001, section 12 of the Homeless Veterans call of its Chairperson or a majority of its mem- of Homeless Coordinators in the various Re- Comprehensive Service Programs Act of 1992 (38 bers, but not less often than annually.’’. gional Offices, including a statement of the Re- U.S.C. 7721 note) is amended to read as follows: SEC. 6. EVALUATION OF PROGRAMS AND ACTIVI- gional Offices which have the greatest demand TIES REGARDING HOMELESS VET- ‘‘SEC. 12. FUNDING. for such services. ERANS. ‘‘(a) AMOUNTS FOR GRANT AND PER DIEM PRO- (d) COORDINATION OF EMPLOYMENT SERV- VALUATION ENTERS (a) E C .—The Secretary of GRAMS.—From amounts appropriated for ‘Med- ICES.—(1) Section 4103A(c) of title 38, United Veterans Affairs shall support the continuation ical Care’ for any fiscal year, the Secretary may States Code, is amended by adding at the end within the Department of Veterans Affairs of at expend not more than $55,000,000 (as adjusted the following new paragraph: least one center for evaluation to monitor the from time to time under subsection (b)) to carry ‘‘(11) Coordination of services provided to vet- structure, process, and outcome of programs of out the transitional housing grant and per diem erans with training assistance provided to vet- the Department that address homeless veterans. provider programs under sections 3 and 4 of this erans by entities receiving financial assistance (b) ANNUAL REPORT ON PROCESSING OF BENE- Act. under section 738 of the McKinney-Vento Home- FITS CLAIMS.—The Secretary shall submit to ‘‘(b) PERIODIC INCREASES.—The amount in ef- less Assistance Act (42 U.S.C. 11448).’’. Congress on an annual basis a report on the fect under subsection (a) shall be increased for (2) Section 4104(b) of such title is amended— programs and activities of the Veterans Benefits any fiscal year by the overall percentage in- (A) by striking ‘‘and’’ at the end of paragraph Administration in processing of claims for bene- crease in the Medical Care account for that fis- (11); fits of homeless veterans during the preceding cal year over the preceding fiscal year.’’. (B) by striking the period at the end of para- year. Each report shall include, for the year (b) COMPREHENSIVE HOMELESS SERVICES PRO- graph (12) and inserting ‘‘; and’’; and covered by such report, the following: GRAM.—(1)(A) The Secretary of Veterans Affairs (C) by adding at the end the following new (1) Information on costs, expenditures, and shall provide for the establishment of not less paragraph: workload of Veterans Benefits Administration than five additional centers for the provision of ‘‘(13) coordinate services provided to veterans claims evaluators in processing claims for bene- comprehensive services to homeless veterans with training assistance for veterans provided fits of homeless veterans. under section 1773(b) of title 38, United States by entities receiving financial assistance under (2) Information on the filing of claims for ben- Code. section 738 of the McKinney-Vento Homeless As- efits by homeless veterans. (B) In establishing additional centers under sistance Act (42 U.S.C. 11448).’’. (3) Information on efforts undertaken to expe- this paragraph, the Secretary shall take into ac- SEC. 11. LIFE SAFETY CODE FOR GRANT AND PER dite the processing of claims for benefits of count the particular needs of homeless veterans DIEM PROVIDERS. homeless veterans. in each metropolitan area in which the Sec- (a) NEW GRANTS.—Section 3(b)(5) of the Home- (4) Any other information that the Secretary retary proposes to establish a center. less Veterans Comprehensive Service Programs considers appropriate. (C) The Secretary shall ensure that the serv- Act of 1992 (38 U.S.C. 7721 note) is amended by (c) ANNUAL REPORT ON HEALTH CARE.—The ices provided to homeless veterans at each cen- striking ‘‘, but fire and safety’’ and all that fol- Secretary shall submit to Congress on an annual ter established under this paragraph are tai- lows through ‘‘in carrying out the grant’’ and basis a report on programs of the Department lored to the needs of homeless veterans in the inserting ‘‘and the fire and safety requirements addressing health care needs of homeless vet- metropolitan area in which such center is estab- applicable under the Life Safety Code of the Na- erans. The Secretary shall include in each such lished. tional Fire Protection Association’’. report the following: (2) Section 1773(b) of title 38, United States (b) PREVIOUS GRANTEES.—Section 4 of such (1) Information about expenditures, costs, and Code, is amended by striking ‘‘not fewer than Act is amended by adding at the end the fol- workload under the Department of Veterans Af- eight’’. lowing new subsection: fairs program known as the Health Care for (c) PROGRAM EXPIRATION EXTENSION.—Sec- ‘‘(e) LIFE SAFETY CODE.—(1) Except as pro- Homeless Veterans program (HCHV). tions 1771(b) and 1773(d) of title 38, United vided in paragraph (2), a per diem payment (or

VerDate Mar 15 2010 03:29 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00050 Fmt 0624 Sfmt 6333 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY November 15, 2001 CONGRESSIONAL RECORD — SENATE S11919 in-kind assistance in lieu of per diem payments) community-based organizations for the There being no objection, the mate- may not be provided under this section to a care of homeless veterans to the rate rial ordered to be printed in the grant recipient unless the facilities of the grant already provided to state veterans RECORD, as follows: recipient meet the fire and safety requirements homes for domiciliary care. This would applicable under the Life Safety Code of the Na- SUMMARY OF S. 739: THE HEATHER FRENCH tional Fire Protection Association. increase the daily rate from $19 to $24, HENRY HOMELESS VETERANS ASSISTANCE ‘‘(2) During the five-year period beginning on giving those who are truly combating ACT OF 2001 the date of the enactment of the Heather French homelessness the appropriate resources The Committee bill incorporates provi- Henry Homeless Veterans Assistance Act, para- with which to work. sions from S. 739, as originally introduced. It graph (1) shall not apply to an entity that re- Another important aspect of this leg- seeks to enhance and provide additional sup- ceived a grant under section 3 before that date islation is the establishment of an Ad- port for VA programs that combat homeless- if the entity meets fire and safety requirements ness among veterans. established by the Secretary. visory Committee on Homeless Vet- The following is a summary of key provi- ‘‘(3) From amounts available for purposes of erans within VA. This 12–15 member sions in the Committee bill, S. 739: this section pursuant to section 12, not less than committee would evaluate and report Programmatic Expansions: Authorizes VA $5,000,000 shall be used only for grants to assist directly to the Secretary of Veterans to spend up to $55 million per year on the entities covered by paragraph (2) in meeting the Affairs on all matters related to home- transitional housing Grant and Per Diem Life Safety Code of the National Fire Protection less veterans. This ensures that there program. Requires VA to establish at least Association.’’. is always a voice for this segment of five new comprehensive service centers for SEC. 12. ASSISTANCE FOR GRANT APPLICATIONS. the veteran population at the highest homeless veterans in those metropolitan (a) GRANT PROGRAM.—The Secretary of Vet- areas found to have the greatest need. Ex- erans Affairs shall carry out a program to make level within VA. tends the Homeless Chronically Mentally Ill technical assistance grants to nonprofit commu- With regard to the overall evaluation and Comprehensive Homeless Programs until nity-based groups with experience in providing of homeless programs—often cited as December 31, 2006. assistance to homeless veterans in order to assist one of the biggest impediments to Advisory Committee on Homeless Vet- such groups in applying for grants relating to properly serving the homeless—the erans: Establishes a Committee that will ex- addressing problems of homeless veterans. pending legislation would encourage amine and report to the Secretary no various (b) FUNDING.—There is authorized to be ap- the continued support of at least one services provided to homeless veterans. propriated to the Secretary of Veterans Affairs Interagency Council on the Homeless: Re- for each of fiscal years 2002 through 2006, evaluation center within VA. Cur- quires annual meetings of the Interagency $750,000 to carry out the program under this sec- rently, VA’s Northeast Program Eval- Council on the Homeless, as the Council has tion. uation Center in Connecticut conducts yet to get underway. SEC. 13. EXTENSION OF HOMELESS VETERANS such research, and it’s important to en- Evaluation on Homeless Programs: En- REINTEGRATION PROGRAM. sure that all research efforts receive courages the continued support of at least Section 4111(d)(1) of title 38, United States needed resources to pursue valuable one evaluation center to monitor the effec- Code, is amended by striking subparagraphs (C) work. tiveness of VA’s various homeless programs. and (D) and inserting the following: Requires VA to report on both the benefits ‘‘(C) $50,000,000 for fiscal year 2002. Evaluation needs to be conducted so and health care aspects of combating home- ‘‘(D) $50,000,000 for fiscal year 2003. that VA policy makers and Members of lessness. ‘‘(E) $50,000,000 for fiscal year 2004. Congress know what works and what Life Safety Code: Requires that real prop- ‘‘(F) $50,000,000 for fiscal year 2005. does not. Therefore, the pending meas- erty of grantees under VA’s homeless Grant ‘‘(G) $50,000,000 for fiscal year 2006.’’. ure would require two annual reports and Per Diem program meet fire and safety Mr. ROCKEFELLER. Mr. President, to Congress from VA on the activities requirements applicable under the Life Safe- as chairman of the Committee on Vet- of both the health care and benefits-re- ty Code of the National Fire Protection As- erans’ Affairs, I urge the Senate to pass lated aspects of their treatment of sociation. Technical Assistance Grants: Authorizes S. 739, the proposed ‘‘Heather French homeless veterans. Henry Homeless Veterans Assistance the Secretary to conduct a technical assist- Yet another key aspect of the pend- Act of 2001,’’ a bill that enhances VA’s ance grants program to assist nonprofit ing measure is the required establish- groups in applying for grants relating to ad- efforts to combat homelessness among ment of at least five new Comprehen- dressing problems of homeless veterans. Pro- our Nation’s veterans. sive Service Centers. These centers vides $750,000 for each of fiscal years 2002 On July 19, 2001, the Committee on would be located in the metropolitan through 2006 for these purposes. Veterans’ Affairs held a hearing on S. areas found by VA to have the greatest Homeless Veterans Reintegration Pro- 739 as originally introduced by my good gram: Extends the Homeless Veterans Re- demand for homeless services. Existing friend and colleague on the Committee, integration Program and authorizes $50 mil- centers, such as ones located in Brook- Senate PAUL WELLSTONE. The Depart- lion a year for each of fiscal years 2002 lyn, NY, and Dallas, TX, provide the ment of Veterans Affairs and homeless through 2006. full spectrum of care for homeless vet- advocate shared their views on what Mr. DASCHLE. Mr. President, I ask erans, including transitional housing could be done to help VA treat the unanimous consent that the committee and substance abuse treatment. unique problems faced by homeless vet- amendment be agreed to. erans. Witnesses testified that home- In closing, I would like to acknowl- The PRESIDING OFFICER. Without lessness remains a prevalent problem edge the hard work and dedication of objection, it is so ordered. among veterans, with roughly one- the namesake of this bill, Miss Amer- The committee amendment was third of the total homeless population ica 2000, Heather French Henry. Her agreed to. consisting of veterans. Members of the focus on homeless veterans during her Mr. DASCHLE. Mr. President, I ask Committee were told that more needs reign and subsequent to the end of her unanimous consent the bill be read the to be done to help these men and tenure as miss America brought sig- third time and passed, the motion to women get back on their feet. nificant attention to this important reconsider be laid upon the table, and I will highlight a couple of the provi- issue. Ms. Henry’s advocacy for home- that any statements relating to the sions included in the bill and refer my less veterans is truly admirable. bill be printed in the RECORD. colleagues to the report accompanying It is my sincere hope this bill will The PRESIDING OFFICER. Without this legislation for more detail. give VA greater ability to treat home- objection, it is so ordered. The pending measure contains many less veterans, and thereby contribute The bill (S. 739), as amended, was provisions seek to enhance programs toward eradicating this national share. read the third time and passed. that VA currently administers to I urge my colleagues on the House f homeless veterans, most notably the Veterans’s Affairs Committee, who Grant and Per Diem Program. This have also been active on this issue, to TO PREVENT ELIMINATION OF program offers grants to nonprofit work with Senator WELLSTONE, the CERTAIN REPORTS community-based organizations that other members of our Committee, and Mr. DASCHLE. Mr. President, I ask serve homeless veterans. Specifically, me, to help those who have sacrificed unanimous consent that the Senate the bill authorizes up to $55 million a for our country and now need our help. proceed to the immediate consider- year in funding for the program. I ask unanimous consent that a sum- ation of Calendar No. 212, H.R. 1042. In addition, the bill would link the mary of S. 739 be printed in the The PRESIDING OFFICER. The daily per diem rates provided to these RECORD. clerk will report the bill by title.

VerDate Mar 15 2010 03:29 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S11920 CONGRESSIONAL RECORD — SENATE November 15, 2001 The legislative clerk read as follows: Mr. DASCHLE. Mr. President, I ask Nobody can doubt that our economy A bill (H.R. 1042) to prevent the elimi- unanimous consent that the joint reso- is in trouble. The employment rate nation of certain reports. lution be read the third time, passed, jumped 5.4 percent in October; nearly 8 There being no objection, the Senate and the motion to reconsider be laid million workers are unemployed. We proceeded to consider the bill. upon the table, with no intervening ac- must rise above our differences and Mr. DASCHLE. Mr. President, I ask tion or debate. focus on the priorities that unite us. unanimous consent that the bill be The PRESIDING OFFICER. Without Three things are of paramount im- read the third time and passed, the mo- objection, it is so ordered. portance. It is important that we get The joint resolution (H.J. Res. 74) tion to reconsider be laid upon the business growing again. There are a va- was read the third time and passed. riety of good tax cut proposals for busi- table, with no intervening action or de- The PRESIDING OFFICER. The Sen- bate, that any statements relating nesses on the table. They would cause ator from Missouri is recognized. immediate investment and growth thereto be printed in the RECORD. Mrs. CARNAHAN. Mr. President, I without busting the budget. Identi- The PRESIDING OFFICER. Without ask unanimous consent that I be per- fying the best set of incentives should objection, it is so ordered. mitted to speak as in morning business not be a difficult task. But it is also The bill (H.R. 1042) was read the third for a period not to exceed 10 minutes. important that we invigorate consumer time and passed. The PRESIDING OFFICER. Without demand. Both sides of the aisle have f objection, it is so ordered. proposed tax rebate checks to those OFFICE OF GOVERNMENT ETHICS f Americans who did not receive a rebate AUTHORIZATION ACT OF 2001 THE ECONOMIC STIMULUS earlier this year. We know that a $300 PACKAGE rebate to low-income persons would Mr. DASCHLE. Mr. President, I ask create economic activity because this Mrs. CARNAHAN. Mr. President, yes- unanimous consent that the Senate money will be spent to make ends terday’s action by the Senate to block proceed to the immediate consider- meet. But it is also important to pro- the consideration of an economic stim- ation of Calendar No. 207, S. 1202. vide temporary assistance to those who ulus package was unfortunate, un- The PRESIDING OFFICER. The have lost their jobs. As we have in pre- timely, and unnecessary. For the third clerk will report the bill by title. vious recessions, Congress should ex- time in 2 months, we missed an oppor- The legislative clerk read as follows: tend unemployment benefits. A bill (S. 1202) to amend the Ethics in Gov- tunity to bring desperately needed as- The claim that these benefits would ernment Act of 1978 (5 U.S.C. App.) to extend sistance to unemployed workers. We be a disincentive to work is an insult the authorization of appropriations for the were also blocked from providing tax to our workers. I have never met any- Office of Government Ethics through fiscal relief to businesses to encourage new one who would rather receive a meager year 2006. investment, and we were not even per- unemployment check than hold a job. There being no objection, the Senate mitted to consider a homeland security But we need to provide unemployment proceeded to consider the bill. initiative to meet the safety needs of benefits for a longer time than usual Mr. DASCHLE. Mr. President, I ask our homes and communities. because the economy simply is not pro- But the resumption of negotiations unanimous consent that the bill be ducing new jobs. read the third time, passed, the motion on an economic stimulus package be- Republicans and Democrats agree to reconsider be laid upon the table, tween congressional leaders and the ad- that those who have lost their jobs with no intervening action or debate, ministration is a positive sign. I say should not also lose their health insur- and that any statements relating ‘‘resumption of negotiations’’ because ance. But there are many different thereto be printed in the RECORD. there were productive talks last month ideas on the best way to provide health The PRESIDING OFFICER. Without between administration officials and insurance to unemployed workers. objection, it is so ordered. congressional leaders. These talks re- Whether it is a tax credit or a subsidy, The bill (S. 1202) was read the third sulted in an agreement on the size of I am open to these ideas. The impor- time and passed, as follows: the stimulus package and consensus tant thing is that we not add millions was beginning to build. S. 1202 of workers to the ranks of the unem- The Democratic and Republican lead- Be it enacted by the Senate and House of Rep- ployed and uninsured. ers of the Budget Committee also We should also take care that our ac- resentatives of the United States of America in agreed upon a set of guidelines to de- Congress assembled, tions do not compound the fiscal woes velop this legislation. They said it SECTION 1. SHORT TITLE. of our State and local governments. should be immediate, that it should This Act may be cited as the ‘‘Office of Many States were already experiencing Government Ethics Authorization Act of provide a temporary stimulus. They large budget deficits even before Sep- 2001’’. also said it should focus on those who tember 11. Since the attacks, there has SEC. 2. EXTENSION OF AUTHORIZATION OF AP- would be most likely to spend the been a sharp reduction in revenues. PROPRIATIONS. money, and all that was left was to fill There has been an increased burden on Section 405 of the Ethics in Government in the details. essential Government services. If the Act of 1978 (5 U.S.C. App.) is amended by Unfortunately, the sensible process Federal tax cuts we enact result in a striking ‘‘1997 through 1999’’ and inserting was abandoned. The House of Rep- ‘‘2002 through 2006’’. reduction in State revenue, we must resentatives pushed through a tax bill find a way to fill the gap for our f that was not temporary, did not pro- States. vide immediate stimulus, and did not MAKING FURTHER CONTINUING If we stay focused on our core prior- put money into the hands of those APPROPRIATIONS FOR THE FIS- ities, we can come to an agreement. We most likely to spend it. The House bill CAL YEAR 2002 can also be sure that we don’t bust the was bloated well beyond the size of the budget in the long run. Mr. DASCHLE. Mr. President, I ask package that had been agreed upon, Economists have warned us that if unanimous consent that the Senate and the permanent changes it would we abandon fiscal discipline, we will proceed to the immediate consider- make to the Tax Code would return us force long-term interest rates to rise. If ation of H.J. Res. 74, the continuing to the days of deficit spending and high we push up home mortgage rates, then resolution just received from the House interest rates. any other stimulus we provide will be and at the desk. The bill passed by a slim margin on a futile. The PRESIDING OFFICER. The partisan vote. The fact that the admin- Keeping interest rates low is espe- clerk will report. istration has endorsed this effort is a cially important in my State. Missouri A joint resolution (H.J. Res. 74) making grave disappointment. Now that we are has one of the highest rates of home further continuing appropriations for the fis- back at the negotiating table, it is ownership in the country. Seventy-four cal year 2002, and for other purposes. time to return to the bipartisan Budget percent of Missourians own their own There being no objection, the Senate Committee principles. It should be homes, and they are counting on us to proceeded to consider the joint resolu- stimulative, immediate, and tem- act responsibly. They are counting on tion. porary. our national leaders to step forward.

VerDate Mar 15 2010 03:29 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY November 15, 2001 CONGRESSIONAL RECORD — SENATE S11921 The President has shown bold leader- reconcile with our Creator. I think it is A bill (S. 1270) to designate the United ship in the war against terrorism, and an important model for us to show to States courthouse to be constructed at 8th now they are counting on him to show the Nation. I hope people can partici- Avenue and Mill Street, in Eugene, Oregon, bold leadership on the economic front pate in that as well. as the ‘‘Wayne Lyman Morse United States Courthouse’’. as well. Mr. President, I yield the floor. A bipartisan agreement in the Senate The PRESIDING OFFICER. The Sen- There being no objection, the Senate is within reach. It is up to the Presi- ator from Idaho. proceeded to consider the bill. Mr. REID. Mr. President, I ask unan- dent to bring all parties together for a f sensible, balanced economic package imous consent that the bill be read a that is good for America. That is the JAMES A. McCLURE FEDERAL third time, passed, the motion to re- challenge. Americans are watching and BUILDING AND UNITED STATES consider be laid upon the table, and waiting. COURTHOUSE any statements relating to the bill be I thank the Chair. Mr. CRAPO. Mr. President, I ask printed in the RECORD, with no inter- The PRESIDING OFFICER. The Sen- unanimous consent that the Senate vening action or debate. ator from Kansas. proceed to the immediate consider- The PRESIDING OFFICER. Without Mr. BROWNBACK. Mr. President, I ation of Calendar No. 220, S. 1459. objection, it is so ordered. ask unanimous consent to speak as in The bill (S. 1270) was read the third The PRESIDING OFFICER. The morning business for up to 5 minutes. time and passed, as follows: The PRESIDING OFFICER. Without clerk will report the bill by title. The legislative clerk read as follows: S. 1270 objection, it is so ordered. Be it enacted by the Senate and House of A bill (S. 1459) to designate the Federal f Representatives of the United States of America building and United States courthouse lo- in Congress assembled, NATIONAL DAY OF cated at 550 West Fort Street in Boise, Idaho, RECONCILIATION as the ‘‘James A. McClure Federal Building SECTION 1. DESIGNATION OF WAYNE LYMAN and United States Courthouse’’. MORSE UNITED STATES COURT- Mr. BROWNBACK. Mr. President, I HOUSE. will not take the full period of time. I There being no objection, the Senate The United States courthouse to be con- want to make an announcement and proceeded to consider the bill. structed at 8th Avenue and Mill Street in inform the Senate family of something. Mr. CRAPO. Mr. President, I ask Eugene, Oregon, shall be known and des- unanimous consent that the bill be ignated as the ‘‘Wayne Lyman Morse United Last night, we cleared through the States Courthouse’’. Senate a national day of reconciliation read a third time, passed, the motion SEC. 2. REFERENCES. to take place in the Senate and the to reconsider be laid upon the table, and any statements relating to the bill Any reference in a law, map, regulation, House on December 4. document, paper, or other record of the When we come back, hopefully we be printed in the RECORD. United States to the United States court- will not be in session too much past The PRESIDING OFFICER. Without house referred to in section 1 shall be deemed that, but at least on December 4, there objection, it is so ordered. to be a reference to the Wayne Lyman Morse will be a gathering between the House The bill (S. 1459) was read the third United States Courthouse. and Senate, and hopefully members of time and passed, as follows: f the Cabinet, as a time to support one S. 1459 AFGHAN WOMEN AND CHILDREN another and to reconcile. Be it enacted by the Senate and House of Rep- RELIEF ACT OF 2001 Historically, this was done 100 years resentatives of the United States of America in ago, in particular at this time of the Congress assembled, Mr. REID. Mr. President, I ask unan- year, between Thanksgiving and SECTION 1. DESIGNATION OF JAMES A. MCCLURE imous consent that the Senate proceed Christmas. We will try to see the minor FEDERAL BUILDING AND UNITED to the immediate consideration of Cal- differences that have separated us and STATES COURTHOUSE. endar No. 203, S. 1573. see if we really cannot make amends The Federal building and United States The PRESIDING OFFICER. The courthouse located at 550 West Fort Street with each other, and seek amends with clerk will report the bill by title. in Boise, Idaho, shall be known and des- The legislative clerk read as follows: our Creator, if there are things that ignated as the ‘‘James A. McClure Federal separate us from Him as well. This is Building and United States Courthouse’’. A bill (S. 1573) to authorize the provision of educational and health care assistance to the going to take place on December 4. It SEC. 2. REFERENCES. women and children of Afghanistan. has passed the House and the Senate as Any reference in a law, map, regulation, a concurrent resolution. There is a document, paper, or other record of the There being no objection, the Senate group that is planning on working to- United States to the Federal building and proceeded to consider the bill. gether to do this, along with the Chap- United States courthouse referred to in sec- AMENDMENT NO. 2158 lains of the two bodies. tion 1 shall be deemed to be a reference to Mr. REID. Mr. President, there is an I wanted to announce that to the the James A. McClure Federal Building and United States Courthouse. amendment proposed by Senator Senate. Hopefully, there are people HUTCHISON of Texas, which is at the who will want to participate in this Mr. CRAPO. I thank the Chair. desk. gathering. It is voluntary. It will be a Mr. President, I suggest the absence The PRESIDING OFFICER. The private session. Nobody from outside of a quorum. clerk will report. the House, the Senate, or the adminis- The PRESIDING OFFICER. The The legislative clerk read as follows: clerk will call the roll. tration, other than the two Chaplains, The Senator from Nevada [Mr. REID], for will participate. There will be no media The assistant legislative clerk pro- Mrs. HUTCHISON, proposes an amendment present. It is a private, closed session. ceeded to call the roll. numbered 2158. It will take place in the Rotunda. Mr. REID. Mr. President, I ask unan- The amendment is as follows: imous consent that the order for the It will take place between 5 p.m. and (Purpose: To amend the reporting and 7 p.m. on December 4. I hope people quorum call be rescinded. funding provisions) The PRESIDING OFFICER. Without will mark it on their calendars. This Beginning on page 4, strike line 19 and all can be a special time given the nature objection, it is so ordered. that follows through page 5, line 16, and in- of what has happened in our country, f sert the following: this year in particular, with the events (2) Beginning 6 months after the date of en- of September 11, with the anthrax WAYNE LYMAN MORSE UNITED actment of this Act, and at least annually scares, and with the plane that went STATES COURTHOUSE for the 2 years thereafter, the Secretary of down this week out of New York. We Mr. REID. Mr. President, I ask unan- State shall submit a report to the Com- have had a lot of trial and trauma in imous consent that the Senate proceed mittee on Appropriations and the Committee to the consideration of Calendar No. on Foreign Relations of the Senate and the this Nation. It has called upon us to Committee on Appropriations and the Com- unify and pull together. We need to 167, S. 1270. mittee on International Relations of the continually do that. The PRESIDING OFFICER. The House of Representatives describing the ac- This will be an effort for us to do just clerk will report the bill by title. tivities carried out under this Act and other- that—to reconcile with one another, to The legislative clerk read as follows: wise describing the condition and status of

VerDate Mar 15 2010 03:29 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S11922 CONGRESSIONAL RECORD — SENATE November 15, 2001 women and children in Afghanistan and the vately funded schools where thousands of events giving rise to this first harass- persons in refugee camps while United States young women and girls were receiving edu- ment charge, and any other employee aid is given to displaced Afghans. cation and training in skills that would have in the Senator’s office from whom tes- (c) AVAILABILITY OF FUNDS.—Funds made helped them support themselves and their timony may be required, to testify and available under the 2001 Emergency Supple- families. mental Appropriations Act for Recovery (11) Of the many tens of thousands of war produce documents at trial, with rep- from and Response to Terrorist Attacks on widows in Afghanistan, many are forced to resentation by the Senate Legal Coun- the United States (Public Law 107–38), shall beg for food and to sell their possessions be- sel. be available to carry out this Act. cause they are not allowed to work. Mr. REID. I ask unanimous consent Mr. REID. Mr. President, I ask unan- (12) Resistance movements courageously that the resolution and preamble be imous consent that the amendment be continue to educate Afghan girls in secrecy agreed to en bloc, the motion to recon- and in foreign countries against Taliban law. agreed to. sider be laid upon the table, with no in- SEC. 3. AUTHORIZATION OF ASSISTANCE. The amendment (No. 2158) was agreed tervening action. (a) IN GENERAL.—Subject to subsection (b), to. The PRESIDING OFFICER. Without the President is authorized, on such terms objection, it is so ordered. Mr. REID. Mr. President, I ask unan- and conditions as the President may deter- imous consent that the bill, as amend- mine, to provide educational and health care The resolution (S. Res. 181) was ed, be read a third time and passed, the assistance for the women and children living agreed to. motion to reconsider be laid upon the in Afghanistan and as refugees in neigh- The preamble was agreed to. table, and any statements relating to boring countries. (The text of the resolution, with its (b) IMPLEMENTATION.—(1) In providing as- preamble, is printed in today’s RECORD the bill be printed in the RECORD. sistance under subsection (a), the President The PRESIDING OFFICER. Without under ‘‘Statements on Submitted Reso- shall ensure that such assistance is provided lutions.’’) objection, it is so ordered. in a manner that protects and promotes the The bill (S. 1573), as amended, was human rights of all people in Afghanistan, f read the third time and passed, as fol- utilizing indigenous institutions and non- EXPRESSING APPRECIATION TO lows: governmental organizations, especially wom- THE UNITED KINGDOM S. 1573 en’s organizations, to the extent possible. (2) Beginning 6 months after the date of en- Mr. REID. Mr. President, I ask unan- Be it enacted by the Senate and House of Rep- actment of this Act, and at least annually imous consent that the Senate proceed resentatives of the United States of America in for the 2 years thereafter, the Secretary of to the immediate consideration of Cal- Congress assembled, State shall submit a report to the Com- endar No. 225, S. Res. 174. SECTION 1. SHORT TITLE. mittee on Appropriations and the Committee The PRESIDING OFFICER. The This Act may be cited as the ‘‘Afghan on Foreign Relations of the Senate and the clerk will report the resolution by Women and Children Relief Act of 2001’’. Committee on Appropriations and the Com- title. SEC. 2. FINDINGS. mittee on International Relations of the The legislative clerk read as follows: Congress makes the following findings: House of Representatives describing the ac- (1) In Afghanistan, Taliban restrictions on tivities carried out under this Act and other- A resolution (S. Res. 174) expressing appre- women’s participation in society make it wise describing the condition and status of ciation to the United Kingdom for its soli- nearly impossible for women to exercise women and children in Afghanistan and the darity and leadership as an ally of the their basic human rights. The Taliban re- persons in refugee camps while United States United States and reaffirming the special re- strictions on Afghan women’s freedom of ex- aid is given to displaced Afghans. lationship between the two countries. pression, association, and movement deny (c) AVAILABILITY OF FUNDS.—Funds made There being no objection, the Senate women full participation in society and, con- available under the 2001 Emergency Supple- proceeded to consider the resolution. sequently, from effectively securing basic ac- mental Appropriations Act for Recovery Mr. REID. Mr. President, I extend my cess to work, education, and health care. from and Response to Terrorist Attacks on congratulations to the Presiding Offi- the United States (Public Law 107–38), shall (2) Afghanistan has one of the highest in- cer for this resolution. It was spon- fant (165 of 1000) and child (257 of 1000) mor- be available to carry out this Act. sored by the Presiding Officer. It is cer- tality rates in the world. f (3) Only 5 percent of rural and 39 percent of tainly timely. America does not have a urban Afghans have access to safe drinking AUTHORIZING TESTIMONY, DOCU- better friend anywhere in the world water. MENT PRODUCTION AND LEGAL than the people of Great Britain. (4) It is estimated that 42 percent of all REPRESENTATION I ask unanimous consent that the deaths in Afghanistan are due to diarrheal Mr. REID. Mr. President, I ask unan- resolution and preamble be agreed to diseases caused by contaminated food and imous consent that the Senate proceed en bloc, the motion to reconsider be water. laid upon the table, and any state- (5) Over one-third of Afghan children under to the immediate consideration of S. 5 years of age suffer from malnutrition, Res. 181, introduced earlier today by ments related thereto be printed in the 85,000 of whom die annually. the majority and minority leaders. RECORD. (6) Seventy percent of the health care sys- The PRESIDING OFFICER. The The PRESIDING OFFICER. Without tem in Afghanistan is dependent on foreign clerk will report the resolution by objection, it is so ordered. assistance. title. The resolution (S. Res. 174) was (7) As of May 1998, only 20 percent of hos- The legislative clerk read as follows: agreed to. pital medical and surgical beds dedicated to The preamble was agreed to. adults were available for women, and thou- A resolution (S. Res. 181) to authorize tes- timony, document production, and legal rep- The resolution, with its preamble, sands of Afghan women and girls are rou- reads as follows: tinely denied health care. resentation in State of Idaho v. Joseph Dan- (8) Women are forbidden to leave their iel Hooper. S. RES. 174 homes without being escorted by a male rel- There being no objection, the Senate Whereas the United Kingdom has been a ative. This prevents many women from seek- proceeded to consider the resolution. stalwart and loyal ally to the United States; ing basic necessities like health care and Mr. DASCHLE. Mr. President, this Whereas in response to the September 11, food for their children. Doctors, virtually all resolution concerns a request for testi- 2001 terrorist attacks on the United States of whom are male, are also not permitted to mony in a criminal action in Idaho Dis- the Prime Minister of the United Kingdom, provide certain types of care not deemed ap- Tony Blair, declared that ‘‘America is our propriate by the Taliban. trict Court for the County of Kootenai. closest ally and friend. The links between (9) Before the Taliban took control of In the case of Senate of Idaho v. Joseph our two peoples are many and close and have Kabul, schools were coeducational, with Daniel Hooper, the Coeur d’Alene city been further strengthened over the last few women accounting for 70 percent of the attorney’s office has charged the de- days. We believe in Britain that you stand by teaching force. Women represented about 50 fendant with two counts of mis- your friends in times of trial just as America percent of the civil service corps, and 40 per- demeanor telephone harassment, the stood by us’’; cent of the city’s physicians were women. first of which arises out of calls to Sen- Whereas the United Kingdom has worked Today, the Taliban prohibits women from with the United States to build and consoli- ator CRAIG’s office. Pursuant to sub- working as teachers, doctors, and in any date an international coalition of countries other occupation. poena issued on behalf of the city pros- determined to defeat the scourge of ter- (10) The Taliban prohibit girls and women ecutor, this resolution authorizes a rorism; from attending school. In 1998, the Taliban former employee in Senator CRAIG’s Whereas Prime Minister Tony Blair and ordered the closing of more than 100 pri- Coeur d’Alene office who witnessed the other senior officials of the Government of

VerDate Mar 15 2010 03:29 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY November 15, 2001 CONGRESSIONAL RECORD — SENATE S11923 the United Kingdom have personally trav- rent resolution be printed in the Small Business Investment Company eled to foreign capitals, including Moscow, RECORD. Amendments Act of 2001, today. Until Islamabad, and New Delhi, as part of the ef- The PRESIDING OFFICER. Without this legislation is enacted, the SBA fort to build this international coalition; and objection, it is so ordered. cannot provide any leverage to the Whereas British military forces partici- The concurrent resolution (S. Con. SBICs to make investments. We need pated in the initial strikes against the Res. 44), as amended, was agreed to. to vote, send it to the House and on to Taliban and the Al Qaeda terrorist network The preamble was agreed to. and continue to fight side by side with the President’s desk for signature. United States forces in this war against ter- The concurrent resolution, with its I joined Senator BOND in introducing rorism: Now, therefore, be it preamble, reads as follows: this bill in July and all 19 members of Resolved, That the Senate— S. CON. RES. 44 our committee have agreed unani- (1) extends its most heartfelt appreciation Whereas on December 7, 1941, the Imperial mously in favor of its passage. Why to the United Kingdom for its unwavering Japanese Navy and Air Force attacked units does it enjoy so much support? For solidarity and leadership as an ally of the of the Armed Forces of the United States anyone who missed the article in the United States; and stationed at Pearl Harbor, Hawaii; Washington Post on November 1, let (2) reaffirms the special relationship of his- Whereas 2,403 members of the Armed me talk about the track record of tory, shared values, and common strategic Forces of the United States were killed in SBA’s venture capital program and the interests that the United States enjoys with the attack on Pearl Harbor; the United Kingdom. Whereas there are more than 12,000 mem- role it plays in our economy. Last year, the Agency financed 4,600 f bers of the Pearl Harbor Survivors Associa- tion; venture capital deals, investing $5.6 bil- EXPRESSING SENSE OF CONGRESS Whereas the 60th anniversary of the attack lion in our fastest-growing small busi- REGARDING NATIONAL PEARL on Pearl Harbor will be December 7, 2001; nesses. Over the last 5 years, investing HARBOR REMEMBRANCE DAY Whereas on August 23, 1994, Public Law by SBIC-licensed firms has accounted 103–308 was enacted, designating December 7 for half of all venture-financing deals. Mr. REID. Mr. President, I ask unan- of each year as National Pearl Harbor Re- Since its inception, the program has imous consent that the Judiciary Com- membrance Day; and also returned $700 million directly to mittee be discharged from further con- Whereas Public Law 103–308, reenacted as Federal coffers. Despite this impressive sideration of S. Con. Res 44, and the section 129 of title 36, United States Code, re- quests the President to issue each year a track record, the President’s budget Senate proceed to its immediate con- eliminated funding for the SBIC par- sideration. proclamation calling on the people of the United States to observe National Pearl Har- ticipating securities program and re- The PRESIDING OFFICER. Without bor Remembrance Day with appropriate duced the program level for the deben- objection, it is so ordered. ceremonies and activities, and all depart- ture program, which requires no appro- The clerk will report the concurrent ments, agencies, and instrumentalities of the priations. With venture capital having resolution by title. Federal Government, and interested organi- all but dried up, this is no time to The legislative clerk read as follows: zations, groups, and individuals, to fly the eliminate funding and restrict activity A concurrent resolution (S. Con. Res. 44) flag of the United States at half-staff each for the SBIC programs. As I have said expressing the sense of the Congress regard- December 7 in honor of the individuals who died as a result of their service at Pearl Har- so many times, the programs at the ing National Pearl Harbor Remembrance SBA are a bargain. For very little, tax- Day. bor: Now, therefore, be it Resolved by the Senate (the House of Rep- payers leverage their money to help There being no objection, the Senate resentatives concurring), That the Congress, thousands of small businesses every proceeded to consider the concurrent on the occasion of the 60th anniversary of year and fuel the economy. resolution. December 7, 1941, pays tribute to— In the SBIC participating securities AMENDMENT NO. 2159 (1) the United States citizens who died as a program last year, taxpayers spent result of the attack by Japanese Imperial $1.31 for every $100 leveraged for invest- Mr. REID. Mr. President, it is my un- Forces on Pearl Harbor, Hawaii; and derstanding Senators FITZGERALD and (2) the service of the American sailors and ment in our fastest-growing compa- DURBIN have an amendment at the soldiers who survived the attack. nies—companies like Staples, Callaway Golf, Federal Express, and Apple Com- desk. f The PRESIDING OFFICER. The puter. clerk will report. SMALL BUSINESS INVESTMENT The main purpose of this act is to ad- The legislative clerk read as follows: COMPANY AMENDMENTS ACT OF just the fees charged to Participating 2001 Security SBICs from 1 percent to 1.38 The Senator from Nevada [Mr. REID], for Mr. FITZGERALD, for himself, and Mr. DUR- Mr. REID. Mr. President, I ask unan- percent. The change is necessary be- BIN, proposes an amendment numbered 2159. imous consent the Senate proceed to cause, at the President’s request, all The amendment is as follows: the consideration of Calendar No. 143, funding for this program was elimi- S. 1196. nated. I disagree with that. I preferred (Purpose: To express the sense of the Con- to show fiscal responsibility by level gress regarding National Pearl Harbor Re- The PRESIDING OFFICER. The membrance Day) clerk will report the bill by title. funding the program and then increas- ing the fees only as much as necessary Strike all after the resolving clause and in- The legislative clerk read as follows: sert the following: A bill (S. 1196) to amend the Small Busi- to raise the program level from $2 bil- ‘‘That the Congress, on the occasion of the ness Investment Act of 1958 and for other lion to $3.5 billion. Consistent with 60th anniversary of December 7, 1941, pays purposes. that opinion, as my colleagues may re- tribute to— There being no objection, the Senate member, Senator BOND and I offered an ‘‘(1) the United States citizens who died as proceeded to consider the bill. amendment to the Budget Resolution, a result of the attack by Japanese imperial Mr. REID. I ask unanimous consent Amendment No. 183, that did just that. forces on Pearl Harbor, Hawaii; and the Bond and Kerry amendment which It was agreed to in the Senate by voice ‘‘(2) the service of the American sailors and is at the desk be agreed to, the bill, as vote in April and retained in the final soldiers who survived the attack.’’. amended, be read a third time, passed, budget resolution. Unfortunately, the Mr. REID. Mr. President, I ask unan- the motion to reconsider be laid upon appropriators had very tough decisions imous consent that the amendment be the table, and any statements relating to make and the funding agreed to in agreed to. to the bill be printed in the RECORD. our budget amendment was not in- The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without cluded in the appropriations process. objection, it is so ordered. objection, it is so ordered. Despite my disagreement, I am sup- The amendment (No. 2159) was agreed The amendment (No. 2160) was agreed porting S. 1196 and joining Senator to. to, as follows: BOND in offering this amendment be- Mr. REID. Mr. President, I ask unan- (Purpose: To amend the bill with respect to cause if we want to continue this pro- imous consent that the concurrent res- subsidy fees) gram, it must be funded entirely olution, as amended, be agreed to, the On page 2, lines 8 and 16, strike ‘‘1.28’’ each through fees, which forces us to au- preamble be agreed to, the motion to place it appears and insert ‘‘1.38’’. thorize the fee change. reconsider be laid upon the table, and Mr. KERRY. Mr. President, it is very For the record, let me state that the any statements relating to the concur- important that we pass S. 1196, the National Association of Small Business

VerDate Mar 15 2010 03:29 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S11924 CONGRESSIONAL RECORD — SENATE November 15, 2001 Investment Companies testified before tions best known companies. It has The ‘‘Small Business Investment both the Senate and House Committees provided a financial boost at critical Company Amendments Act of 2001,’’ as on Small Business in favor of increas- points in the early growth period for amended, would permit the annual in- ing the program level from $2 billion to many companies that are familiar to terest fee paid by Participating Securi- $3.5 billion. As I just explained, this all of us. For example, Federal Express ties SBICs to increase from 1.0 percent legislation makes that possible. received a needed infusion of capital to no more than 1.38 percent. In addi- The other modifications strengthen from two SBA-licensed SBICs at a crit- tion, the bill would make three tech- the oversight and authority of the SBA ical juncture in its development stage. nical changes to the Small Business In- to take action against bad actors, pro- The SBIC program also helped other vestment Act of 1958 (‘58 Act) that are tect the integrity of the program, and well-known companies, when they were intended to make improvements in the streamline operations. not so well-known, such as Intel, Out- day-to-day operation of the SBIC pro- Mr. BOND. Mr. President, I rise back Steakhouse, America Online, and gram. today to urge my colleagues in the Callaway Golf. Projected demand for the Partici- Senate to pass the ‘‘Small Business In- What is not well known is the ex- pating Securities SBIC program for FY vestment Company Amendments Act of traordinary help the SBIC program 2002 is $3.5 billion, a significant in- 2001,’’ S. 1196. This bill is important for provides to Main Street America small crease over the FY 2001 program level one simple reason: once enacted it businesses. These are companies we of $2.5 billion. It is imperative that paves the way for more investment know from home towns all over the Congress approve this relatively small capital to be available for more small United States. Main Street companies increase in the annual interest charge businesses that are seeking to grow provide both stability and growth in paid by the Participating Securities and hire new employees. our local business communities. A good SBICs before the end of the fiscal year. There has been a significant growth example of a Main Street company is The fee increase included in the bill, in the small business sector of the U.S. Steelweld Equipment Company, found- 1.38 percent, will allow the program to economy over the past two decades. ed in 1932, which designs and manufac- operate at its authorized level—$3.5 bil- Today, small businesses make up over turers utility truck bodies in St. Clair, lion—an amount needed to help sup- 1⁄2 of the entire U.S. economy. Over 99 Missouri. The truck bodies are mount- port small businesses as they help lead percent of all employers in the United States are small businesses. They em- ed on chassis made by Chrysler, Ford, out country to an economic recovery. The ‘‘Small Business Investment ploy over 50 percent of workers and and General Motors. Steelweld provides Company Amendments Act of 2001’’ provide 75 percent of the net new jobs truck bodies for Southwestern Bell would also make some relatively tech- each year. Small businesses generate 51 Telephone Co., Texas Utilities, Par- nical changes the ‘58 Act that are percent of the Nation’s private sector agon Cable, GTE, and GE Capital Fleet. Steelweld is a privately held, woman- drafted to improve the operations of output. In light of the ongoing dip in owned corporation. The owner, Elaine the SBIC program. Section 3 would re- the U.S. economy with the accom- Hunter, went to work for Steelweld in move the requirement that the SBA panying retrenchment by many busi- nesses, both large and small, S. 1196 1966 as a billing clerk right out of high take out local advertisements when it will serve as part of the solution to school. She rose through the ranks of seeks to determine if a conflict of in- move us toward a recovery. the company and was selected to serve terest exists involving an SBIC. This Before voting on S. 1196, I will offer on the board of directors. In December section has been recommended by the an amendment that will permit the 1995, following the death of Steelweld’s SBA, that has informed me that it has Small Business Administration to in- founder and owner, Ms. Hunter re- never received a response to a local ad- crease fees paid by Small Business In- ceived financing from a Missouri-based vertisement and believes the require- vestment Companies up to 1.38 percent. SBIC, Capital for Business, CFB, Ven- ment is unnecessary. When the Committee on Small Busi- ture Fund II, to help her complete the The bill would amend Title 12 and ness unanimously approved the bill on acquisition of Steelweld. CFB provided Title 18 of the United States Code to July 19, 2001, the Committee adopted a $500,000 in subordinated debt. Senior insure that false statements made to fee increase from 1.0 percent to 1.28 bank debt and seller debt were also the SBA under the SBIC program percent. At that time, some members used in the acquisition. would have the same penalty as mak- of the committee believed they could Since Ms. Hunter acquired Steelweld, ing false statements to an SBIC. This obtain an appropriation for the SBIC its manufacturing process was rede- section would make it clear that a Participating Securities Program that signed to make the company run more false statement to SBA or to an SBIC would offset part of the fee increase. At efficiently. By 1997, Steelweld’s profit- for the purpose of influencing their re- this time, it appears unlikely that the ability had doubled, with annual sales spective actions taken under the ‘58 Conferees on the Commerce Justice of $10 million and 115 employees. SBIC Act would be a criminal violation. The State Appropriations bill will approve program success stories like Ms. Hunt- courts could then assess civil and any funds for the SBIC program. Con- er’s experience at Steelweld occur reg- criminal penalties for such violations. sequently, it is critical that the Senate ularly throughout the United States. Section 5 of the bill would amend approve a fee increase to 1.38 percent, In 1991, the SBIC program was experi- Section 313 of the ‘58 Act to permit the as required by the Federal Credit Re- encing major losses, and the future of SBA to remove or suspend key manage- form Act of 1990; otherwise, the SBIC the program was in doubt. Con- ment officials of an SBIC when they Participating Securities Program will sequently, in 1992 and 1996, the Com- have willfully and knowingly com- be shut down. mittee on Small Business worked mitted a substantial violation of the In 1958, Congress created the SBIC closely with the Small Business Ad- ‘58 Act, any regulation issued by the program to assist small business own- ministration to correct deficiencies in SBA under the Act, a cease-and-desist ers in obtaining investment capital. the law in order to ensure the future of order that has become final, or com- Forty years later, small businesses the program. mitted or engaged in any act, omission continue to experience difficulty in ob- Today, the SBIC Program is expand- or practice that constitutes a substan- taining investment capital from banks ing rapidly in an effort to meet the tial breach of a fiduciary duty of that and traditional investment sources. Al- growing demands of small business person as a management official. though investment capital is readily owners for debt and equity investment The amendment expands the defini- available to large businesses from tra- capital. And it is important to focus on tion of persons covered by Section 313 ditional Wall Street investment firms, the significant role that is played by to be ‘‘management officials,’’ which small businesses seeking investments the SBIC program in support of grow- includes officers, directors, general in the range of $500,000–$3 million have ing small businesses. When Fortune partners, managers, employees, agents to look elsewhere. SBICs are frequently Small Business compiled its list of 100 or other participants in the manage- the only sources of investment capital fastest growing small companies in ment or conduct of the SBIC. At the for growing small businesses. 2000, 6 of the top 12 businesses on the time Section 313 if the ‘58 Act was en- Often we are reminded that the SBIC list received SBIC financing during acted in November 1966, an SBIC was program has helped some of our Na- their critical growth years. organized as a corporation. Since that

VerDate Mar 15 2010 03:29 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY November 15, 2001 CONGRESSIONAL RECORD — SENATE S11925 time, SBIC has been organized as part- ‘‘SEC. 313. REMOVAL OR SUSPENSION OF MAN- management official referred to in sub- nerships and Limited Liability Compa- AGEMENT OFFICIALS. section (b)(1), by written notice to such ef- ‘‘(a) DEFINITION OF ‘MANAGEMENT OFFI- fect served upon the management official. nies (LLCs), and this amendment would CIAL’.—In this section, the term ‘manage- take into account those organizations. ‘‘(2) EFFECTIVENESS.—A suspension or pro- ment official’ means an officer, director, hibition under paragraph (1)— Time is of the essence. We need to general partner, manager, employee, agent, ‘‘(A) shall become effective upon service of act promptly and pass the Small Busi- or other participant in the management or notice under paragraph (1); and ness Investment Company Act of 2001 conduct of the affairs of a licensee. ‘‘(B) unless stayed by a court in pro- ‘‘(b) REMOVAL OF MANAGEMENT OFFI- today, so that the House of Representa- ceedings authorized by paragraph (3), shall CIALS.— tives has time to act before the Con- remain in effect— ‘‘(1) NOTICE OF REMOVAL.—The Adminis- ‘‘(i) pending the completion of the adminis- gress adjourns in the coming weeks. trator may serve upon any management offi- trative proceedings pursuant to a notice of The bill was read the third time and cial a written notice of its intention to re- intention to remove served under subsection passed, as follows: move that management official whenever, in (b); and the opinion of the Administrator— S. 1196 ‘‘(ii) until such time as the Administrator Be it enacted by the Senate and House of Rep- ‘‘(A) such management official— ‘‘(i) has willfully and knowingly com- shall dismiss the charges specified in the no- resentatives of the United States of America in tice, or, if an order of removal or prohibition Congress assembled, mitted any substantial violation of— ‘‘(I) this Act; is issued against the management official, SECTION 1. SHORT TITLE. ‘‘(II) any regulation issued under this Act; until the effective date of any such order. This Act may be cited as the ‘‘Small Busi- or ‘‘(3) JUDICIAL REVIEW.—Not later than 10 ness Investment Company Amendments Act ‘‘(III) a cease-and-desist order which has days after any management official has been of 2001’’. become final; or suspended from office or prohibited from par- SEC. 2. SUBSIDY FEES. ‘‘(ii) has willfully and knowingly com- ticipation in the management or conduct of (a) IN GENERAL.—Section 303 of the Small mitted or engaged in any act, omission, or the affairs of a licensee, or both, under para- Business Investment Act of 1958 (15 U.S.C. practice which constitutes a substantial graph (1), that management official may 683) is amended— breach of a fiduciary duty of that person as apply to the United States district court for (1) in subsection (b)— a management official; and the judicial district in which the home office (A) by striking ‘‘of not more than 1 percent ‘‘(B) the violation or breach of fiduciary of the licensee is located, or the United per year’’; duty is one involving personal dishonesty on States District Court for the District of Co- (B) by inserting ‘‘which amount may not the part of such management official. lumbia, for a stay of the suspension or prohi- bition pending the completion of the admin- exceed 1.38 percent per year, and’’ before ‘‘(2) CONTENTS OF NOTICE.—A notice of in- ‘‘which shall be paid’’; and tention to remove a management official, as istrative proceedings pursuant to a notice of (C) by striking ‘‘September 30, 2000’’ and provided in paragraph (1), shall contain a intent to remove served upon the manage- inserting ‘‘September 30, 2001’’; and statement of the facts constituting grounds ment official under subsection (b), and such (2) in subsection (g)(2)— therefor, and shall fix a time and place at court shall have jurisdiction to stay such ac- (A) by striking ‘‘of not more than 1 percent which a hearing will be held thereon. tion. per year’’; ‘‘(3) HEARINGS.— ‘‘(d) AUTHORITY TO SUSPEND ON CRIMINAL (B) by inserting ‘‘which amount may not ‘‘(A) TIMING.—A hearing described in para- CHARGES.— exceed 1.38 percent per year, and’’ before graph (2) shall be fixed for a date not earlier ‘‘(1) IN GENERAL.—Whenever a management ‘‘which shall be paid’’; and than 30 days nor later than 60 days after the official is charged in any information, in- (C) by striking ‘‘September 30, 2000’’ and date of service of notice of the hearing, un- dictment, or complaint authorized by a inserting ‘‘September 30, 2001’’. less an earlier or a later date is set by the United States attorney, with the commission (b) EFFECTIVE DATE.—The amendments Administrator at the request of— of or participation in a felony involving dis- made by this section shall become effective ‘‘(i) the management official, and for good honesty or breach of trust, the Adminis- on October 1, 2001. cause shown; or trator may, by written notice served upon SEC. 3. CONFLICTS OF INTEREST. ‘‘(ii) the Attorney General of the United that management official, suspend that man- Section 312 of the Small Business Invest- States. agement official from office or prohibit that ment Act of 1958 (15 U.S.C. 687d) is amended ‘‘(B) CONSENT.—Unless the management of- management official from further participa- by striking ‘‘(including disclosure in the lo- ficial shall appear at a hearing described in tion in any manner in the management or cality most directly affected by the trans- this paragraph in person or by a duly author- conduct of the affairs of the licensee, or action)’’. ized representative, that management offi- both. SEC. 4. PENALTIES FOR FALSE STATEMENTS. cial shall be deemed to have consented to the ‘‘(2) EFFECTIVENESS.—A suspension or pro- (a) CRIMINAL PENALTIES.—Section 1014 of issuance of an order of removal under para- hibition under paragraph (1) shall remain in title 18, United States Code, is amended by graph (1). effect until the subject information, indict- inserting ‘‘, as defined in section 103 of the ‘‘(4) ISSUANCE OF ORDER OF REMOVAL.— ment, or complaint is finally disposed of, or Small Business Investment Act of 1958 (15 ‘‘(A) IN GENERAL.—In the event of consent until terminated by the Administrator. U.S.C. 662), or the Small Business Adminis- under paragraph (3)(B), or if upon the record ‘‘(3) AUTHORITY UPON CONVICTION.—If a tration in connection with any provision of made at a hearing described in this sub- judgment of conviction with respect to an of- that Act’’ after ‘‘small business investment section, the Administrator finds that any of fense described in paragraph (1) is entered company’’. the grounds specified in the notice of re- against a management official, then at such (b) CIVIL PENALTIES.—Section 951 of the Fi- moval has been established, the Adminis- time as the judgment is not subject to fur- nancial Institutions Reform, Recovery, and trator may issue such orders of removal from ther appellate review, the Administrator Enforcement Act of 1989 (12 U.S.C. 1833a) is office as the Administrator deems appro- may issue and serve upon the management amended— priate. official an order removing that management (1) by redesignating subsections (d) ‘‘(B) EFFECTIVENESS.—An order under sub- official, which removal shall become effec- through (g) as subsections (e) through (h), re- paragraph (A) shall— tive upon service of a copy of the order upon spectively; and ‘‘(i) become effective at the expiration of 30 the licensee. (2) in subsection (c)— days after the date of service upon the sub- ‘‘(4) AUTHORITY UPON DISMISSAL OR OTHER (A) in paragraph (1), by striking ‘‘or’’ at ject licensee and the management official DISPOSITION.—A finding of not guilty or other the end; concerned (except in the case of an order disposition of charges described in paragraph (B) in paragraph (2)— issued upon consent as described in para- (1) shall not preclude the Administrator from (i) by striking ‘‘1341;’’ and inserting ‘‘1341’’; graph (3)(B), which shall become effective at thereafter instituting proceedings to suspend and the time specified in such order); and or remove the management official from of- (ii) by striking ‘‘institution.’’ and inserting ‘‘(ii) remain effective and enforceable, ex- fice, or to prohibit the management official ‘‘institution; or’’; cept to such extent as it is stayed, modified, from participation in the management or (C) by inserting immediately after para- terminated, or set aside by action of the Ad- conduct of the affairs of the licensee, or graph (2) the following: ministrator or a reviewing court in accord- both, pursuant to subsection (b) or (c). ‘‘(3) section 16(a) of the Small Business Act ance with this section. ‘‘(e) NOTIFICATION TO LICENSEES.—Copies of (15 U.S.C. 645(a)).’’; and ‘‘(c) AUTHORITY TO SUSPEND OR PROHIBIT each notice required to be served on a man- (D) by striking ‘‘This section shall’’ and in- PARTICIPATION.— agement official under this section shall also serting the following: ‘‘(1) IN GENERAL.—The Administrator may, be served upon the interested licensee. ‘‘(d) EFFECTIVE DATE.—This section shall’’. if the Administrator deems it necessary for ‘‘(f) PROCEDURAL PROVISIONS; JUDICIAL RE- SEC. 5. REMOVAL OR SUSPENSION OF MANAGE- the protection of the licensee or the inter- VIEW.— MENT OFFICIALS. ests of the Administration, suspend from of- ‘‘(1) HEARING VENUE.—Any hearing pro- Section 313 of the Small Business Invest- fice or prohibit from further participation in vided for in this section shall be— ment Act of 1958 (15 U.S.C. 687e) is amended any manner in the management or conduct ‘‘(A) held in the Federal judicial district or to read as follows: of the affairs of the licensee, or both, any in the territory in which the principal office

VerDate Mar 15 2010 03:29 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S11926 CONGRESSIONAL RECORD — SENATE November 15, 2001 of the licensee is located, unless the party af- PATENT, COPYRIGHT AND TRADE- (b) AREAS OF REVIEW.—In conducting the forded the hearing consents to another place; MARK LAW TECHNICAL CORREC- study under subsection (a), the Institute of and TIONS Medicine shall at a minimum consider the fol- ‘‘(B) conducted in accordance with the pro- lowing: visions of chapter 5 of title 5, United States Mr. REID. Mr. President, I ask that (1) The current areas of research incor- Code. the Chair lay before the Senate a mes- porating Centers of Excellence (which shall in- ‘‘(2) ISSUANCE OF ORDERS.—After a hearing sage from the House to accompany S. clude a description of such areas) and the rela- provided for in this section, and not later 320. tionship of this form of funding mechanism to than 90 days after the Administrator has no- The PRESIDING OFFICER laid be- other forms of funding for research grants, in- cluding investigator initiated research, contracts tified the parties that the case has been sub- fore the Senate the following message: and other types of research support awards. mitted for final decision, the Administrator Resolved, That the bill from the Senate (S. (2) The distinctive aspects of Centers of Excel- shall render a decision in the matter (which 320) entitled ‘‘An Act to make technical cor- lence, including the additional knowledge that rections in patent, copyright, and trademark shall include findings of fact upon which its may be expected to be gained through Centers of laws’’, do pass with the following amend- decision is predicated), and shall issue and Excellence as compared to other forms of grant ment: cause to be served upon each party to the or contract mechanisms. Strike out all after the enacting clause and proceeding an order or orders consistent (3) The costs associated with establishing and insert: with the provisions of this section. maintaining Centers of Excellence, and the ‘‘(3) AUTHORITY TO MODIFY ORDERS.—The SECTION 1. SHORT TITLE. record of scholarship and training resulting Administrator may modify, terminate, or set This Act may be cited as the ‘‘Intellectual from such Centers. The research and training aside any order issued under this section— Property and High Technology Technical contributions of Centers should be assessed on ‘‘(A) at any time, upon such notice, and in Amendments Act of 2001’’. their own merits and in comparison with other such manner as the Administrator deems SEC. 2. OFFICERS AND EMPLOYEES. forms of research support. proper, unless a petition for review is timely (a) RENAMING OF OFFICERS.—(1)(A) Except as (4) Specific areas of research in which Centers filed in a court of appeals of the United provided in subparagraph (B), title 35, United of Excellence may be useful, needed, or States Code, other than section 210(d), is amend- States, as provided in paragraph (4)(B), and underused, as well as areas of research in which ed— Centers of Excellence may not be helpful. thereafter until the record in the proceeding (i) by striking ‘‘Director’’ each place it ap- has been filed in accordance with paragraph (5) Criteria that may be applied in deter- pears and inserting ‘‘Commissioner’’; and mining when Centers of Excellence are an ap- (4)(C); and (ii) by striking ‘‘Director’s’’ each place it ap- ‘‘(B) upon such filing of the record, with propriate and cost-effective research investment pears and inserting ‘‘Commissioner’s’’. and conditions that should be present in order permission of the court. (B) Section 3(b)(5) of title 35, United States to consider the establishment of Centers of Ex- ‘‘(4) JUDICIAL REVIEW.— Code, is amended by striking ‘‘Director’’ the cellence. ‘‘(A) IN GENERAL.—Judicial review of an first place it appears and inserting ‘‘Commis- (6) Alternative research models that may ac- sioner’’. order issued under this section shall be ex- complish results similar to or greater than Cen- clusively as provided in this subsection. Mr. REID. Mr. President, I ask unan- ters of Excellence. ‘‘(B) PETITION FOR REVIEW.—Any party to a imous consent the Senate concur with (c) REPORT.—Not later than 1 year after the hearing provided for in this section may ob- the House amendment with a further date on which the contract is entered into under tain a review of any order issued pursuant to amendment which is at the desk. subsection (a), the Institute of Medicine shall paragraph (2) (other than an order issued The PRESIDING OFFICER. Without complete the study under such subsection and with the consent of the management official objection, it is so ordered. submit a report to the Secretary of Health and concerned, or an order issued under sub- The amendment (No. 2162) is agreed Human Services and the appropriate committees section (d)), by filing in the court of appeals of Congress that contains the results of such to. of the United States for the circuit in which study. (The amendment is printed in today’s the principal office of the licensee is located, Mr. REID. I ask unanimous consent or in the United States Court of Appeals for RECORD under ‘‘Amendments Sub- mitted.’’) the committee amendment be agreed the District of Columbia Circuit, not later to, the bill, as amended, be read three than 30 days after the date of service of such f times, passed, the motion to reconsider order, a written petition praying that the MUSCULAR DYSTROPHY COMMU- be laid upon the table, and any state- order of the Administrator be modified, ter- NITY ASSISTANCE, RESEARCH minated, or set aside. ments relating thereto be printed in AND EDUCATION AMENDMENTS ‘‘(C) NOTIFICATION TO ADMINISTRATION.—A the RECORD, with no intervening action copy of a petition filed under subparagraph OF 2001 or debate. (B) shall be forthwith transmitted by the Mr. REID. I ask unanimous consent The PRESIDING OFFICER. Without clerk of the court to the Administrator, and the Senate now proceed to the consid- objection, it is so ordered. thereupon the Administrator shall file in the eration of Calendar No. 208, H.R. 717. The committee amendment was court the record in the proceeding, as pro- The PRESIDING OFFICER. The agreed to. vided in section 2112 of title 28, United States clerk will report. The bill (H.R. 717), as amended, was Code. The legislative clerk read as follows: read the third time and passed. ‘‘(D) COURT JURISDICTION.—Upon the filing A bill (H.R. 717) to amend the Public f of a petition under subparagraph (A)— Health Service Act to provide for research ‘‘(i) the court shall have jurisdiction, with respect to various forms of muscular PROVIDING AUTHORITY TO THE which, upon the filing of the record under dystrophy, including Duchenne, Becker, limb FEDERAL POWER MARKETING subparagraph (C), shall be exclusive, to af- girdle, congenital, facioscapulohumeral, ADMINISTRATIONS TO REDUCE firm, modify, terminate, or set aside, in myotonic, oculopharyngeal, distal, and VANDALISM AND DESTRUCTION whole or in part, the order of the Adminis- Emery-Dreifuss muscular dystrophies. OF PROPERTY trator, except as provided in the last sen- There being no objection, the Senate tence of paragraph (3)(B); proceeded to consider the bill (H.R. 717) Mr. REID. Mr. President, finally, I ‘‘(ii) review of such proceedings shall be which had been reported from the Com- ask unanimous consent that the Sen- had as provided in chapter 7 of title 5, United mittee on Health, Education, Labor, ate proceed to the consideration of States Code; and H.R. 2924 that was recently received ‘‘(iii) the judgment and decree of the court and Pensions with an amendment, as follows: from the House and which is now at the shall be final, except that the judgment and desk. decree shall be subject to review by the Su- On page 16, after line 21, insert the fol- lowing: The PRESIDING OFFICER. The preme Court of the United States upon cer- clerk will report the bill by title. tiorari, as provided in section 1254 of title 28, SEC. 7. STUDY ON THE USE OF CENTERS OF EX- United States Code. CELLENCE AT THE NATIONAL INSTI- The legislative clerk read as follows: TUTES OF HEALTH. ‘‘(E) JUDICIAL REVIEW NOT A STAY.—The A bill (H.R. 2924) to provide authority to (a) REVIEW.—Not later than 60 days after the commencement of proceedings for judicial the Federal Power Marketing Administra- date of enactment of this Act, the Secretary of review under this paragraph shall not, unless tions to reduce vandalism and destruction of Health and Human Services shall enter into a property, and for other purposes. specifically ordered by the court, operate as contract with the Institute of Medicine for the a stay of any order issued by the Adminis- purpose of conducting a study and making rec- There being no objection, the Senate trator under this section.’’. ommendations on the impact of, need for, and proceeded to consider the bill. other issues associated with Centers of Excel- Mr. REID. I ask unanimous consent lence at the National Institutes of Health. the bill be read three times, passed, the

VerDate Mar 15 2010 03:29 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY November 15, 2001 CONGRESSIONAL RECORD — SENATE S11927 motion to reconsider be laid upon the sive report on the plight of hungry of extended benefits in most states. In table, and any statements relating Americans. Last year, 23 million Amer- fact, the States with the highest unem- thereto be printed in the RECORD, with icans, including 9 million children, ployment rates are the least likely to the above occurring with no inter- sought emergency food relief through receive help under that plan. Even for vening action or debate. America’s Second Harvest. The current those few workers who will be helped, The PRESIDING OFFICER. Without downturn in the economy means that the plan won’t provide any benefits objection, it is so ordered. even more families are facing the dif- until next spring. America’s working The bill (H.R. 2924) was read the third ficult choice between feeding their families must not be left behind when time and passed. children and paying the rent, a choice Congress acts on an economic recovery f no person should have to make. package. These findings demonstrate the dra- We must also help families afford ECONOMIC STIMULUS matic rise in hunger and related health health insurance. It is also the right Mr. KENNEDY. Mr. President, on problems among children. They dem- thing to do for them, and it is the right Tuesday, we began debate about the onstrate that current unemployment thing to do for economy. Providing economic stimulus package. We know benefits are not adequate to help work- health insurance for laid-off workers the economy is in trouble, and we ing families during the current eco- improves the health of our economy. know we have to act. Clearly, by any nomic downturn. We need to do more When a parent is forced to choose be- standard, we face an economic emer- to see that families can afford to put tween health insurance and food on gency that demands responsible action food on their tables. Our Democratic their table, it is unfair for their family, by Congress. plan provides unemployment benefits and it undermines the economy. The American people want action by to 600,000 more low-wage and part-time On average, health insurance pre- Congress too. They strongly support workers and increase these benefits by miums for these families cost nearly our Democratic proposals to provide at least $25 a week. two-thirds of their unemployment in- unemployment insurance and health The economy needs stimulus now. surance. That is why only 18 percent of insurance to laid-off workers, and Fed- Workers need assistance now. workers eligible for COBRA use this eral assistance to States. They know The best way to accomplish both of coverage. And millions of workers are it’s an emergency in the economy and these goals is to get relief to the fami- not eligible for COBRA at all. they know it is an emergency for the lies who need it the most. Economists This is no time to accept an increase hundreds of thousands of men and across the country agree that pro- in the uninsured. It is wrong for fami- women without unemployment insur- viding relief to low- and moderate-in- lies and wrong for hospitals, nursing ance or health insurance. come families is one of the most effec- homes, health care workers and many Yet, some of our colleagues in Con- tive ways to stimulate the economy. others in the health care sector, which gress oppose this action. Instead, they The Democratic plan would stimu- makes up one-seventh of our economy. support a bill that would retroactively late the economy right away, by put- The Democratic economic recover repeal the corporate minimum tax and ting money in the hands of the people plan provides temporary health insur- give the largest corporations $25 billion most likely to spend it—dislocated ance for workers who have been laid off in direct payments from the U.S. workers and their families. We do that in the slowing economy. Currently, Treasury. They don’t think laid-off by strengthening the unemployment workers must pay 65 percent of their workers who can’t afford, or don’t insurance system, improving workers’ unemployment check to purchase have, health insurance are an emer- ability to afford health care, and pro- COBRA health insurance coverage. Our gency. Instead, they support spending viding a tax rebate for those who did plan to subsidize COBRA coverage $120 billion to accelerate the reduction not receive a full rebate earlier this would make health care affordable for of upper income tax rates, 80 percent of year. all displaced workers. States also could which won’t go into the economy until Unemployment insurance is the Na- receive Federal Medicaid matching after next year. tion’s first line of defense in an eco- payments to cover other laid-off work- Our economy is in trouble. There is nomic recession. By putting UI trust ers who do not qualify for COBRA. no denying it. Just ask the men and fund dollars into the declining econ- By protecting both workers eligible women who have lost their jobs and omy, we automatically boost consumer for COBRA coverage and increasing the have to tell their families every week spending in communities affected by Medicaid matching payments, the Sen- that they cannot find new employ- rising unemployment, while meeting ate Democratic plan provides meaning- ment. They will tell you how hard it is essential needs of households hurt by ful health coverage for unemployed to put food on their families’ tables layoffs. Americans while the Republican plan each week. They will tell you how hard A recent study by the Department of will leave families behind. For unem- it is to watch their bills piling up with Labor shows that every $1 invested in ployed workers who are eligible for no end in sight. unemployment insurance generates COBRA, the Senate Democratic plan If that’s not enough, look at the $2.15 for the Nation’s economy. That provides health coverage for 12 months numbers. same study estimated that unemploy- during the economic downturn. The Only 38 percent of unemployed work- ment insurance ‘‘mitigated the real Senate Republican plan provides ers receive unemployment insurance. loss in GDP by 15 percent’’ in the last enough for only 2 weeks of coverage. This figure is down from 75 percent in five recessions. For unemployed Americans who are 1975. And, the figure is much worse for According to Joseph Stiglitz, ‘‘we not eligible for COBRA, the Demo- low-wage workers. According to a new should extend the duration and mag- cratic plan again provides coverage for study by the National Campaign for nitude of the benefits we provide to our 1 year, while the Republican plan offers Jobs and Income Support, only 20 per- unemployed. This is not only the fair- no assistance. cent of unemployed low-wage workers est proposal, but also the most effec- The plan to provide unemployed will qualify for benefits during a reces- tive. People who become unemployed workers with health insurance cov- sion. cut back on their expenditures. Giving erage will also be good for the economy These workers are least likely to them more money will directly in- by helping to stop a decline in the qualify for unemployment benefits, and crease expenditures.’’ health care sector. If unemployed indi- they are most likely to be laid off. The Congressional Research Service viduals who lack health insurance They are struggling to keep a roof over agrees: ‘‘Extending unemployment forgo health care, the health care sec- their families’ heads and to afford food compensation is, in fact, likely to be a tor will be hurt during the downturn. for their children. We know that the more successful policy for stimulating The health care system has been one of number of hungry children has grown aggregate demand than many other the most vibrant sectors of the econ- in recent years. Unless we do more to . . . changes.’’ omy in recent years. It has been re- help, the number will continue to grow. The Republican plan will put very sponsible for 30 percent of the real Yesterday, America’s Second Harvest little money into the hands of unem- growth in gross domestic product and released the largest, most comprehen- ployed workers. It offers no guarantees 45 percent of the net increase in jobs in

VerDate Mar 15 2010 03:29 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S11928 CONGRESSIONAL RECORD — SENATE November 15, 2001 the past year. A reduction in the pur- immediate economic stimulus, they do It is time for Congress to do its part chase of health care services has an ef- not incur any substantial cost beyond to respond to the emergency we face. fect on the economy similar to that of 2003. This point is vital to our eco- We must respond to the economic crisis other reductions in consumer spending, nomic recovery. Enacting new perma- the Nation faces. As we do so, we must it dampens economic activity. nent tax cuts which can trigger large show our dedication to America’s best Finally, a federal stimulus package long-term Federal deficits would be ideals. As we fight for a safer society, will do no good if States have to make counter-productive. Permanent new we can also create a more just society spending cuts or raise taxes. The cur- tax cuts, on top of the nearly $2 trillion at the same time. September 11 has rent recession is already having an im- in tax cuts enacted earlier this year, taught all Americans that we need to pact on state budgets. In fact, 35 States would actually hurt the economy now, help each other as never before. have reported budget shortfalls—a by raising the cost of long-term bor- We will not ignore the plight of mil- shortfall that already totals more than rowing and discouraging the kinds of lions of Americans hurt by this tragedy $15 billion and will grow to $30 billion investment we need most today. and by economic forces beyond their if unemployment continues to in- The House of Representatives passed, control. As we work together to get our crease. by the narrowest of margins, a so- economy moving again, we can also This means that states across the called stimulus package that will not work together to see that none are left country will have to make drastic cuts. stimulate economic growth in the behind. In particular, they are cutting back on short term, and will not be affordable We have a unique opportunity to give Medicaid. In fact, 20 States are already in the long term. It merely repackages help and hope to every American as we planning to cut Medicaid. At the same old, unfair, permanent tax breaks, enact a stimulus plan that puts Amer- time, the number of people on Medicaid which were rejected by Congress last ica back to work. is expected to grow by as much as 3 spring, under the new label of ‘‘eco- The American people are meeting million during this recession, about 2 nomic stimulus.’’ The American people this challenge, and we must dem- million of them could be children. deserve better. onstrate to them that Congress is capa- If States cut Medicaid just as more The long-term cost of the House plan ble of meeting it too. The test we face people need it, we are going to see an is too high, and less than half of the now is to pass a stimulus package that increase in the uninsured. Also, leading dollars would reach the economy next truly lifts the economy, and lifts it economists believe substantial cuts in year. The House plan offers $46 billion fairly and responsibly. We do have an state Medicaid budgets would have dra- in tax breaks to big businesses by per- emergency, and we must address it. matic ripple effects on the national manently repealing the corporate al- The American people are watching this ternative minimum tax and by giving economy. debate closely, and they are waiting for permanent new tax cuts for multi- Our plan provides financial assist- our answer. ance to States to help avoid dev- national corporations. These provisions Mr. KYL. Mr. President, President astating cuts in Medicaid, cuts that are an unacceptable giveaway of public Bush has asked us to send him an effec- will hurt State economies and reduce resources. tive, anti-recession stimulus package. The alternative suggested by our Re- health coverage. States would receive In the spirit of bipartisanship and good publican colleagues in the Senate is $5.5 billion through an increased Fed- faith, he proposed a series of provisions also flawed. Their proposal to accel- eral Medicaid matching rate, providing that enjoyed both Republican and erate the reduction of upper income an immediate influx of cash into States Democratic support. After much foot- tax rates would cost $120 billion over suffering from the recession-driven dragging, the Democratic majority has budget crisis. the next decade. Only a small percent- finally produced a bill. Unfortunately, The Senate Republican alternative is age of these dollars, less than one dol- it appears to be nothing more than a unacceptable. It fails to address aid to lar in four, would go into the economy the States, health care or unemploy- in 2002. And these dollars would go to collage of special interest wish lists, ment insurance in any meaningful way. those least likely to spend them. The from livestock assistance to new enti- The Democratic plan is a fair balance result would be little immediate stim- tlements—with very little if anything between tax incentives and spending ulus, large long-term costs, and a that will actually stimulate the econ- incentives for the economy. The tax in- grossly unfair distribution to the omy. centives in the plan meet the three es- wealthiest individuals in our society. It is fat on claims but thin on data. sential criteria for a stimulus: They In fact, the House Republican pro- It struts around in the light of day as will put money into the economy now; posal gives $115 billion in permanent a bipartisan package, but makes deals they do not impose substantial new new tax breaks to wealthy individuals in the dark of night to secure votes. long-term costs on the federal budget; and corporations, while the Senate The bill before us is an embarrassment and they treat fairly those who are plan would give them $142 billion in to the Senate; it is no good for our most in need. new tax breaks. Yet each of the Repub- country, and it is certainly no good for Seventy percent of Americans today lican tax plans provide only $14 billion our economy. There may be many good pay more in payroll taxes than in in- for low and moderate income families. political reasons for Congress to pass come taxes. Yet many of them received Under the GOP plan, the tax cuts for an economic stimulus package, but no tax rebate earlier this year. The re- corporations and wealthy individuals when pet projects trump fiscal pru- bate unfairly ignored these low and are permanent, while the cuts for dence, we miss a historic opportunity moderate income families. A one-time working families are limited to just to help the American people during a rebate of payroll taxes to them now one year. The result is unfair, and it time of great need. We must improve will immediately inject $15 billion into won’t provide the economic stimulus the incentives to work, save, and in- the economy, placing the dollars in the that the nation urgently needs now. vest—the real catalysts of economic hands of people who are likely to spend Perhaps never before in history has growth—and the Democratic bill fails them immediately. Economists tell us our nation faced such grave challenges. on all three counts. that families with modest incomes are The tragedy of September 11 has Instead, Democrats insist that in- likely to spend the extra money they touched us all. Together, we witnessed creased Government spending serves as receive right away on needed consumer a horror we could not have imagined, the primary tool for boosting economic goods. Those with higher incomes are and bravery which inspires us all. The activity. But look what they are spend- more likely to save it. tragedy may have shaken our basic as- ing money on—sugar beet disaster pro- The Democratic bill also includes sumptions about the world in which we grams, rural telecommunications in- temporary, targeted tax cuts to stimu- live. But, Americans have not re- frastructure, and water-treatment and late immediate business activity. treated in fear. Instead, they have waste disposal facilities. It is no mys- These changes provide more favorable risen to meet these new challenges. tery to leading economists, although treatment for new investments now, The spirit of September 11 has com- my colleagues across the aisle will tell and they deserve to be supported. pelled vast numbers of our fellow citi- you otherwise, that the better ap- Because the tax cuts in the Demo- zens to ask what they can do for their proach is to lower tax rates and the tax cratic plan are truly designed to be an communities and our country. burden on labor and capital to improve

VerDate Mar 15 2010 03:29 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY November 15, 2001 CONGRESSIONAL RECORD — SENATE S11929 incentives for workers and business should be focused on those who need for funds so far this year, and yet only owners. This produces more jobs and the help the most. 5 received funding. generates higher incomes, which in I also have four principles for home- Clearly, we need to do better. turn translate into higher investment land defense legislation. First, it must Even before the tragedy of September and consumer spending. give law enforcement the tools they 11th, I was fighting for our firefighters. Democrats prefer to add new health- need to prevent attacks. Next, it must We were able to increase funding for care entitlements and massive pork- give first responders the tools they the fire grant program by 50 percent to barrel spending items rather than ac- need to respond to an act of terrorism. $150 million in the VA–HUD bill. The celerate tax cuts for businesses and in- Also, it must improve security of our Homeland Security bill does even bet- dividuals. Given the amount of money infrastructure. Lastly, it must provide ter by providing $600 million for our that would be spent under this bill, we for greater public information, since firefighters. would be better off passing no bill at information is the antidote for panic. The Homeland Security bill provides all. The Republican minority strongly The legislation we’re considering $4 billion for our nation’s bioterrorism supports the President’s proposal, and today meets my principles. preparedness and response needs. Our has crafted a bill that reaffirms his Our Nation is fighting a war against country’s ability to recognize and re- principles for economic recovery. As terrorism. This war is on two fronts: in spond to a bioterrorist attack depends such, criticism of the Republican bill is Afghanistan, and in every community on a strong, coordinated public health direct criticism of the President, be- in America. Our military has the right system. This bill gives state and local cause it is his bare-bones proposal we stuff to defeat our enemies. They have public health departments additional introduced. To my Democratic friends, honor, courage and patriotism. They resources to prepare for this new germ I say, don’t take refuge in calling Re- also have the best training, best intel- warfare. State and local public health publicans partisan; if you object to our ligence, best equipment. departments have already been bill, criticize the President—it’s his Yet on the home front, our commu- stretched thin. This bill gives them the proposal. The truth is: he’s right, and nities are foraging. They are forced to resources to detect, respond, and con- you’re wrong. choose between keeping communities tain a possible bioterrorist attack. The American economy is starved for safe from drug dealers and other thugs, This bill recognizes the important business investment. The President’s and keeping key infrastructure safe— role the CDC plays in a public health proposals are designed to stimulate like bridges, power plants and sta- emergency. It expands CDC’s labora- business investment. My Democratic diums. tory capacity so public health officials friends say rich people don’t spend, I recently held a hearing in the VA– can quickly and accurately identify a only poor people do. Now that is real HUD Subcommittee to hear the mayors suspected biological agent. voodoo economics. Alternative Min- perspective on homeland defense. What To prepare our Nation for a bioter- imum Tax relief for a business provides did we learn at the hearing? We learned rorist attack, this bill upgrades State money for reinvestment. Neither rich that our local governments are on the and local public health departments; people nor corporations hide their front lines of homeland defense. We expands laboratory capacity and sur- money in a mattress. They invest it, learned that they are responsible for veillance at the State, local, and Fed- which does . . . what? It creates jobs. the protection of our infrastructure, eral level; and trains first responders What do we need to do today? Create including our bridges, tunnels, and to recognize the signs and symptoms of jobs. And what happens when we do mass transit as well as our first re- a bioterrorist attack. The bill also im- that? People have more money to sponders, our police and fire fighters. proves State and local communications spend. I would rather people have a job Yet their resources don’t match their systems; ensures that hospitals and than an unemployment check. I would responsibilities. emergency rooms have the expertise rather they spend their paycheck than What will happen if we don’t pass and equipment to handle a surge in pa- an unemployment check. this homeland security bill? tients from a bioterrorist attack; in- I recently read an article in which a Costs are shifted to local govern- creases our nation’s supply of antidotes key Democratic political operative ments who must forage for funds from and vaccines against possible biologi- said, in effect, we will stand with the local programs. That means higher cal agents; and, provides significant President in the war, but on the domes- local taxes and lower security across new resources so that the Food and tic front, we’ll use issues to our polit- our Nation. Drug Administration (FDA) can pro- ical advantage. Righting our economy What does this legislation do? It pro- tect the safety of our nation’s food sup- is critical to our war effort. We vides the resources we need to secure ply with more inspectors and addi- shouldn’t be playing politics with it. our homeland. Local law enforcement tional tools. So let’s stop the political games. is essential to our fight against ter- Investments in the fight against bio- Time is short. The President has asked rorism. They are our front line of de- terrorism will help in our battles us to produce a bill for him by the end fense. There are 650,000 local police of- against infectious disease and anti- of the month, and the minority intends ficers and only 11,000 FBI agents. This microbial resistance. Our nation’s pub- to do so. We have already come a good legislation will provide $2 billion that lic health system is on the front lines distance toward the other side. It is will go to states to be used for counter- of this new biological war. This bill time for Democrats to do the same, and terrorism training for police to train will make sure they are combat ready converge upon what the President and them to prevent and respond to ter- and fit-for-duty. the American people think is best. rorist attacks and for new equipment. Our Coast Guard used to focus on Ms. MIKULSKI. Mr. President, I rise Our firefighters are our protectors. drug and migrant interdiction, and in support of the Economic Recovery We must protect the protectors. Sim- search and rescue. Today, it’s primary and Assistance to American Workers ply put, that means making sure they role is national security by keeping our Act. This legislation is about security, have the equipment they need to save ports safe, patrolling around power economic security and physical secu- lives. Yet fire equipment is very expen- plants and under bridges, and searching rity. This bill will help us achieve two sive. A new fire engine costs $300,000. A suspicious vessels. national priorities: homeland defense new rescue vehicle costs $500,000. A suit This bill provides $177 million in op- and economic recovery. of protective gear for our firefighters erating funds. These funds will be used I have four principles for economic costs $1,000 and wears out quickly. to improve training, and allow for in- stimulus. First, any measure should Each year we provide funds for creased patrols without forcing the have a strong, immediate impact. Next, grants to local fire companies, but the Coast Guard to cut back on it’s other economic recovery provisions should be funding has been spartan and skimpy. missions. temporary—sunsetting within one or Over 30,000 fire companies requested al- Terrorists look for weaknesses. We two years. The overall package should most $3 billion dollars worth of equip- can not let them find these weaknesses be fiscally responsible to ensure long- ment this year, including $400 million on our nation’s railroads. We must en- term interest rates are not negatively just for personal protection equipment. sure the safety of all the components of affected. And, lastly, the proposal In Maryland, 198 fire companies applied our rail system. This means providing

VerDate Mar 15 2010 03:29 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S11930 CONGRESSIONAL RECORD — SENATE November 15, 2001 tunnel security which means pre- help provide the real boost this econ- 12 months for workers to continue venting people from entering tunnels. omy needs. health insurance through their former It includes terminal safety—the fact The Democratic proposal also con- employer’s plan. It allows States to that most terminals are intermodal, tains provisions that would help busi- cover the remaining 25 percent of the bringing together different forms of nesses invest in the new equipment and premium for low-income workers. transportation which means that it’s infrastructure needed to rebuild, would For unemployed workers who are not hard to screen passengers. It means help small businesses acquire new eligible for COBRA, it gives States the providing bridge security and the pro- equipment, and would provide rebates option to provide Medicaid coverage tection of track switchboards. to companies quickly. for these workers for up to 12 months. Why is railroad security so impor- The Economic Recovery bill will also These proposals are temporary; they tant? Because each day, 350,000 people help unemployed working Americans end on Dec. 31, 2002. ride on our railroads. That’s over 20 by providing a 13 week extension of the Under the Democratic Economic Re- million people a year. Forty percent of period during which they can collect covery plan, unemployed workers will all freight is transported on our rails unemployment insurance, by increas- get the health care they need, tempo- which is more than any other mode of ing the amount that unemployed work- rarily, and this will help stimulate the transportation. ers can collect, and by including more economy. Unemployed workers with A terrorist attack on our rails could displaced workers in the unemploy- health insurance will have more money result in a catastrophic loss of life and ment insurance program. to spend on other items because they paralyze our economy. Amtrak is ready I am sure that many will ask how won’t have to pay high out-of-pocket and willing to improve rail safety, but does this help the economy recover? health care costs. it must also address its critical infra- These Americans do not even have a For example, a mom or dad in Prince structure needs. paycheck to live on anymore. But they George’s County can afford to buy a re- For example, the tunnels that run still have to meet their basic needs of frigerator to replace the broken one or through Washington, Baltimore, and food and shelter. For example, the av- buy school clothes for their growing New York accommodate trains that erage unemployment benefits in Mary- child because they did not have to pay carry roughly 350,000 people a day. land are about $950 per month, the av- lots of money to take their child to the These tunnels don’t meet minimum erage rent in Baltimore is about $500/ emergency room for a severe earache. safety standards. They do not have month, and the average grocery bill for Unemployed workers will spend proper ventilation, and there is not a family is about $475. Thus, under the money on health care because if you adequate lighting. current benefit levels families are fall- have health insurance, you are more Rail safety requires Federal help. Yet ing behind and could not continue their likely to go to the doctor to get the Federal support for Amtrak has been health care which costs at an esti- treatment you need. cut by eighty percent in the last three mated average cost of $ 650/month in Finally, the Democratic proposal years eighty percent. Annual appro- my State. temporarily strengthens the Medicaid priations for Amtrak is frozen at $521 Unemployment Insurance is an essen- safety net when unemployed workers million. That’s only about half of what tial part of the valuable social safety will need it the most. States across the Congress authorized in the TEA–21 bill. net. In every recession over the past country are facing budget shortfalls What does this legislation do? It en- thirty years, unemployment insurance and are considering Medicaid cuts at ables Amtrak to enhance security of has been extended. It is absolutely cru- the same time more unemployed work- their overall network by providing $300 cial to continue this good practice. The ers will need health care through Med- million and enabling Amtrak to up- Democratic proposal would also expand icaid. This provision provides addi- grade it’s most dangerous tunnels by the eligibility of those qualifying for tional resources to states so that providing $760 million for tunnel safe- benefits. For example, this would allow states don’t have to resort to serious ty. working mothers to look for part-time cutbacks in their Medicaid program in As stated before, I have four prin- work. order to balance their budgets this ciples for economy recovery. These The Economic Recovery proposal year. This provision is important to principles have been widely adopted. would also increase benefits by 15 per- Maryland and has the strong support of When I compare the different proposals cent or at least $25 a week. This is the National Governors’ Association. for economic recovery to these prin- enough for a couple of bags of groceries During times of crisis, our Nation ciples, the answer is clear. or two tanks of gas. comes together. We have seen that The Economic Recovery package pro- President Bush has a proposal that since the terrible events of September posed by Senator BAUCUS meets my would address unemployment benefits. 11th. The terrorists thought they would principles and provides real and effec- But the devil is in the details. The cripple us, but they have only made us tive measures for economic recovery. Democratic plan helps the 3.2 million stronger. We want to help those in This package provides real economic already unemployed workers left out need. recovery that benefits working Ameri- by the Bush plan. Under the Bush pro- Yet volunteers and philanthropy can- cans who have lost their jobs, helps posal, about 25,000 to 30,000 more Mary- not take the place of public policy. The businesses recover from the recent at- landers would have to lose their jobs Economic Recovery and Homeland Se- tacks and the economic downturn, and and wait until March 2002 before Mary- curity bill puts our values into action provides real the boost that this econ- land’s workers would qualify for any to help our fellow citizens to get back omy needs. extensions under the Bush proposal. on their feet and to protect our citizens The Economic Recovery bill will pro- The Economic Recovery bill provides from the evil acts of our enemies. vide tax relief to nearly 44 million guaranteed benefits to workers laid off I urge my colleagues to join me in working Americans who were left out prior to September 11 who may be hav- supporting this legislation. of the last round of rebates. This bill ing difficulty finding their next job. It Mr. BROWNBACK. Mr. President, I will provide the same $300 checks to in- would extend benefits to part-time rise today to speak on a matter that dividuals or $600 checks to married workers, low-wage workers, and would should be intertwined with any eco- couples who tend to pay only payroll help most hospitality and airline work- nomic stimulus package that passes taxes. These are the people who live ers that have been especially hard hit. this Chamber—providing airline depre- paycheck to paycheck. These are the The Economic Recovery bill would ciation on the sale of new and refur- working Americans who will benefit also help provide health care to dis- bished aircraft. most from a rebate check. placed workers who have lost their jobs The aviation industry and the indus- Often times, these hard working since September 11th through the com- try’s employees have been hit espe- Americans have trouble making end ing year. So that just because they cially hard in the aftermath of the Sep- meet. This Democratic proposal will temporarily lose their job they do not tember 11 attacks. The economic woes help them make ends meet thus ensur- also lose their health care. reach far beyond slumping ticket sales ing that the vast majority of these re- The economic recovery bill provides and the layoff of airport personnel. bates will actually be spent which will a 75 percent COBRA subsidy for up to These difficult times are stretching to

VerDate Mar 15 2010 03:29 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY November 15, 2001 CONGRESSIONAL RECORD — SENATE S11931 the heart of the aviation industry, to and Human Services, the head of the included in the stimulus plan or an- the companies that manufacture, re- Centers for Disease Control and Pre- other appropriations bill, we must get construct, and refurbish aircraft. vention, and head of FBI bioterrorism it done. By providing a depreciation allow- efforts. We also heard from distin- Mr. FEINGOLD. Mr. President, I rise ance for the aviation industry, we will guished State and local officials and today to talk about the stimulus pack- avert the loss of more jobs in this top scientists from the public and pri- age we recently considered in the Sen- major industry. vate sectors. Their testimony made ate, and the disturbing new definition Kansas is a state that has a tremen- clear that we are not adequately pre- of patriotism that was associated with dous interest in the aviation industry. pared for this threat. We do not have it. As I think most of my colleagues Boeing, Cessna, Raytheon, and Bom- enough vaccines to respond to an at- are aware, the bill we considered was bardier, which all have major plants tack. Our public health system has laden with rewards for wealthy donors. based in Wichita, employ tens of thou- been allowed to decay, and needs more Now, I think these days we would hard- sands of Kansans. While the airline help to detect an outbreak quickly, to ly be able to recognize a stimulus pack- bailout package will go a long way to- treat a large number of infectious pa- age, or any kind of emergency spend- ward preventing immediate mass lay- tients, and to vaccinate large parts of ing, if it weren’t loaded down with pro- offs, it is not doing enough to ensure the country. visions designed to benefit special in- that the sale of aircraft will rebound As I said before, to put the state of terests. This practice certainly isn’t from their current lulls. our public health system into military new. But what is new, is the attempt to If we provide a depreciation allow- terms, our troops are ill-trained, our cloak these giveaways in a kind of pa- ance equal to 40 percent of the adjusted radar is out of date, and we are short triotism. basis for the qualified property ac- on ammunition. A recent Washington Post editorial quired by those purchasing aircraft, we The plan we developed and which was quoted a lobbyist for will provide a strong incentive for indi- included in the stimulus package is a PricewaterhouseCoopers, who has been viduals and corporations to increase thoughtful, bipartisan approach. It pushing tax breaks in the bill that their purchases from the aviation in- closely follows the 7 point plan I out- would profit clients such as GE and dustry. In so doing, we would provide lined last month. It provides more than IBM, saying that it would have been an immediate boost to the economy, twice the resources of the President’s ‘‘irresponsible’’ and even unpatriotic while at the same time providing secu- to bolster our Nation’s defenses against for him to behave otherwise. rity for aviation-industry employees a bioterrorist attack. Patriotic to push for a taxbreak for beyond the 1-year period of the airline In contrast to the President’s plan, major corporations? I never thought I’d bailout. our proposal prioritizes funding to see the day. But here we are, in the Moreover, it is important that we ex- ‘‘first responders’’ at the State and midst of the war on terrorism, trying tend this depreciation allowance to in- local level. We have put the bulk of the to stop a deepening recession, and we clude not only new orders, but also air- funding, $1.3 billion, into improving were faced with a stimulus package craft that have been purchased or our public health departments, beefing that was designed to reward wealthy taken in a trade and refurbished or re- up local lab capacity and expanding the interests, but did very little to boost constructed, and sold to a third party. By taking such steps, production or- Health Alert Network. We desperately the economy. And now, to add insult to ders will increase, and we will be able need to make these investments if we injury, we’ve been told that this isn’t to ensure that hard-working Americans want to quickly identify, track and merely pork barrel politics, but that it have jobs beyond the time-table of the contain a bioterrorist attack should we is downright patriotic. I find that ap- airline bailout package. ever be confronted with one. The Presi- palling, and I’m sure many of my col- This is good for America. It is good dent’s plan neglects this vital piece of leagues did as well. for Kansas, and it is something that I our response system. Because today this country is brim- will be working to see implemented as Our proposal also includes funding ming with real patriotism, and I think part of an economic stimulus package. for the production of enough smallpox many of us draw strength from that Mr. HARKIN. Mr. President, I was vaccine for every American should that shared sense of pride in our country. hoping to make a statement yesterday ever be necessary. As we have seen in But some versions of the stimulus bill on this important subject, but I was recent press reports, the administra- were nothing to be proud of. tied up chairing the Agriculture Com- tion’s request is too low to produce At this moment I believe that we mittee in consideration of our new enough smallpox vaccine for all Ameri- may well need a stimulus package. But farm bill. I would like to speak briefly cans. that’s not what we were considering; on the subject of bioterrorism and the We also allocate $116 million for re- instead we were faced with the same economic stimulus/homeland security search on new vaccines. Earlier this kind of pork-barrel spending we have proposal considered by the Senate. The month my subcommittee heard testi- seen year in and year out, except that defeat of this legislation on a budget mony from Dr. Fauci at NIH about the now these provisions were dressed up in point of order was especially dis- promising future of antivirals against red, white and blue. That kind of op- appointing to me because it included a smallpox. The administration’s plan portunism, at a time like this, is an af- crucial $4 billion initiative to combat devotes no money to developing these front to the American people, and it bioterrorism. Senator SPECTER and I new drugs. should be unwelcome in this Chamber. worked closely with Senator BYRD to Our plan also provides more money The stimulus bill, and in particular, develop this funding proposal, which is than the President to bolster the work the House-passed version of the bill, a comprehensive plan to better protect of the Centers for Disease Control and represents a lost opportunity for the Americans from anthrax, smallpox, and Prevention. We need to upgrade their Nation, and I think the American peo- other bioterrorism threats. overburdened lab capacity and their ple have the right to ask what went I have the privilege to chair the ap- disease surveillance systems. wrong. How, at a time when the Nation propriations subcommittee which funds It also includes $650 million to im- needs a strong stimulus package, did our health programs. Our sub- prove safety and to safeguard our ani- we end up with this pile of pork? And committee has for the past several mal disease labs. when I say pile of pork, I’m being kind. years provided increased funding to I would like to thank Chairman BYRD The St. Louis Post Dispatch called it combat bioterrorism. We have made for the opportunity to work with him chicken manure. From time to time I real progress as a result. However, on this important funding package. like to Call the Bankroll on legisla- much more remains to be done. To de- Our Nation’s public health system is tion, and talk about the potent mix of termine what additional steps are nec- now the front lines in our war against money and influence that results in the essary, our subcommittee has held terrorism; it should be prepared ac- kind of legislation that’s before us three hearings during the past 2 cordingly. today. I think it’s appropriate to re- months. I believe that we cannot leave this view the donations given by the inter- We heard from our top Federal offi- year without addressing the bioter- ests that could reap such tremendous cials, including the Secretary of Health rorism threat. Whether our package is benefits from this bill.

VerDate Mar 15 2010 03:29 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S11932 CONGRESSIONAL RECORD — SENATE November 15, 2001 According to information from Com- campaign finance reform to the Presi- ida and then joined NASA shortly after mon Cause and Citizens for Tax Jus- dent’s desk. The Nation is closely the Shuttle’s return to flight following tice, just 14 corporations alone would watching our work here, more now the Challenger disaster. reap a $6.3 billion windfall from the than ever in the wake of September 11. As a project engineer with NASA, he retroactive repeal of the alternative And bills like the stimulus package supported various propulsion develop- minimum tax in the House-passed would make any American wonder ment programs at Stennis Space Cen- package. Enron, which has given more whether we are truly conducting the ter, including the Air Force’s New than $3.7 million in soft money from people’s business on this floor. We Launch System, NASA’s Advanced 1991 through 2000, will get an estimated must restore integrity to legislative Solid Rocket Motor, the NASA/Air $254 million refund under this bill. process, and restore the people’s faith Force National Aerospace Plane, and Chevron Texaco, which gave more that in us and what we do. the NASA X–33 Aerospike Engine. Dur- $3.6 million in soft money over the last I think we can start by voting ing this time he attended Florida Tech, 10 years, will get an estimated refund against this bill, if it comes to us in a where he received a Master of Science of $572 million. General Electric gave form like the House-passed bill. But we in Management degree and eventually $1.3 million, and they’ll get $671 mil- must do much more, we must abolish transitioned to a job with more respon- lion. And this list goes on. Billions soft money and shut down the issue ad sibilities as a NASA project manager upon billions of dollars being funneled loophole, and it can’t wait another for Boeing’s Evolved Expendable back to big donors at a time when year. Campaign finance reform should Launch Vehicle and NASA’s Rocket more and more Americans are out of be one of the first orders of business Based Combined Cycle test facility. Mr. President, Mr. Power is married work, lacking health care coverage and when we return next year. The Amer- to the former Susan Foreman of Crow- struggling to pay their bills. ican people are looking to us for lead- ley, LA. They have two children, a 7- The House package also gave a tem- ership, and I believe that this Senate year-old-son Brandon and a 5-year-old porary tax break to multinational cor- can provide that leadership. We can daughter Madison, and are expecting porations on some profits from their show the American people that we have their third child next year in March. foreign operations. As the Washington the courage and leadership they seek, Mr. Power will return to NASA Stennis Post pointed out, ‘‘it’s hard to see how and we can start by making campaign Space Center to continue his endeavors this measure, which would encourage finance reform the law of the land. in the area of rocket propulsion test- firms to keep money outside the coun- f ing. I will truly miss his experience and try, would do anything to stimulate assistance he has provided to me, and I the American economy.’’ This measure TRIBUTE TO KEVIN P. POWER, wish him all the very best as he helps rewards some of the biggest donors in NASA FELLOW NASA advance its efforts in the areas the banking, investment and life insur- Mr. LOTT. Mr. President, I take this opportunity to recognize and say fare- of space propulsion and remote sensing ance industries. Some of the biggest in the 21st century. donors in these industries include Mer- well to an outstanding NASA Manager, rill Lynch, which has given more than Kevin P. Power, upon his departure f $2.2 million in soft money over the last from my staff. Mr. Power was selected RECLASSIFICATION OF SCRANTON- 10 years, and Citigroup, which has as a Congressional Fellow to work in WILKES BARRE-HAZLETON, WIL- given more than $2.1 million during the my office because of his knowledge of LIAMSPORT, AND SHARON MET- last 10 years, according to Common the aerospace industry, NASA pro- ROPOLITAN STATISTICAL AREAS Cause. grams, and the John C. Stennis Space Mr. SANTORUM. Mr. President, I The House-passed package even in- Center in my home State of Mis- wish to thank the senior Senator from cluded Medical Savings Accounts, sissippi. It is a privilege for me to rec- Pennsylvania for working with me on which soft money donor Golden Rule ognize the many outstanding achieve- this very important issue of Medicare Financial Corporation and other insur- ments he has provided for the U.S. Sen- provider payment policy, particularly ance interests have lobbied for for ate, NASA, and our great Nation. in light of the unique financial pres- many years. Golden Rule gave just shy During his NASA fellowship, Mr. sures being faced by the hospitals in of $1.3 million in soft money in the last Power worked on legislation affecting Scranton-Wilkes Barre, Williamsport, ten years. NASA and the aerospace industry. He and Sharon metropolitan statistical The stimulus bill should have been worked hard to ensure that the NASA areas, MSAs, which emanate in part an opportunity to stimulate the econ- appropriations bill for fiscal year 2002 from some glaring disparities in Medi- omy; instead it turned out to be a included legislative provisions that care’s payment formulas. chance for special interests to add the will support specific programs aimed at As I travel around the Common- provisions they’ve been pushing for all fostering the development of a robust wealth, many health care leaders have these years. Wealthy interests haven’t U.S. space propulsion industry, which conveyed to me their continued con- hesitated to take this difficult period includes rocket engine testing at Sten- cerns about the impact of the Balanced for the country and exploit it for their nis Space Center. Specifically, he Budget Act of 1997, BBA, on their own gain. And if this version of the bill helped ensure that NASA’s rocket en- health care delivery operations. Our ever passes, they will reap an enormous gine test facilities are ready to provide Pennsylvania constituents, who rep- financial windfall. continued support for testing under resent rural, urban and community In the last few months, the Nation NASA’s Space Launch Initiative. hospitals and systems, have shared has endured a great deal, and we will Mr. Power also worked to ensure that with us detailed information about the continue to face enormous challenges. adherence to past legislative provisions financially strained health care deliv- As a Congress, we must address the affecting land remote sensing data ery environment under the BBA. issues before us with the kind of integ- buys are being met to continue the We are all aware of the administra- rity that these challenges will demand. stimulation of a private sector remote tive and financial challenges that But we can’t meet those challenges sensing industry without competition health care providers all across the when the legislative process is hobbled from the U.S. Government. country face, particularly in their serv- by the clout of special interests. The Mr. Power graduated from the Uni- ice to our Nation’s elderly population. stimulus bill was a sobering example of versity of New Orleans, where he re- But the environment in which the hos- a bill that went through that process, ceived a Bachelor of Science degree in pitals in these three areas of Pennsyl- and fell far short of its goal. Mechanical Engineering, prior to be- vania are seeking to deliver quality The stimulus bill was a missed oppor- ginning his engineering career with the health care to their respective commu- tunity that the Nation may pay dearly U.S. Navy in Annapolis, MD, as a civil- nities is even more challenging given for down the road. We’ve missed an op- ian engineer working on submarine that their MSAs contain areas or bor- portunity, but we don’t have to miss acoustics. He transitioned to an aero- der on areas from which higher com- another one. I hope when Congress re- space career as a contract engineer pensated providers, with similar health turns next year, we will rise to meet supporting Space Shuttle launches at care delivery costs, draw their pa- the next challenge before us: getting NASA’s Kennedy Space Center in Flor- tients, and more importantly, their

VerDate Mar 15 2010 03:29 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY November 15, 2001 CONGRESSIONAL RECORD — SENATE S11933 workforce. Facilities located in these relief for these hospitals in Pennsyl- solve that has defined us since our areas must compete for workers and vania is of utmost importance to my- statehood. From Libby to Great Falls patients against hospitals in neigh- self and Senator SPECTER. We are will- to Alzada, Montana has joined together boring MSAs with drastically higher ing to work with our colleagues in any to show patriotism and support for the wage indices, even when labor and way in order to bring about stability in American effort. Blood drives are going health care delivery costs are virtually the funding of these community health on at Malmstrom Air Force base in identical. This situation is simply not care providers and to ensure that the Great Falls, MT, as I speak today. Per- sustainable. many Medicare beneficiaries living in centages of all sales in the town of And these problems are only exacer- the Commonwealth have access to Conrad, MT, are being designated for bated by our Nation’s ongoing nursing needed care. the relief effort. shortage, and the scarcity of other f I also want to point out the efforts of skilled care givers. Health care work- Burlington Elementary School in Bil- force shortages are particularly acute HONORING MONTANANS FACING lings. The motivation of one 3rd grade in these areas of the Commonwealth, THE SEPTEMBER 11TH TRAGEDY cub scout named Jim Rubich to raise and they have the effect of driving up Mr. BURNS. Mr. President, some pennies for the recovery of the WTC the cost of health care and precipi- time has passed since the tragic events and the Pentagon has spun into a full tating the need to increase wages. And that took place in New York, Wash- scale effort on the part of many Mon- although these hospitals have taken ington, DC, and Pennsylvania. Never- tana elementary schools. Jim, in true the step of increasing wages, further theless, I want to reflect upon the Montana spirit, marched up to his reductions in the wage index will make events of that day and draw attention teacher’s desk with a bag full of pen- it impossible for the hospitals to retain to the tremendous good that has nies and demanded that an effort be en- or recruit all the caregivers that the evolved in the face of evil. Since that acted to raise pennies for the victims communities require. time, it has become evident that the of this terrible attack. His message was Other regions near the Scranton- American public is the most patriotic heard loud and clear, and now what Wilkes Barre-Hazleton MSA, including and resilient group the world will ever began as a penny drive, started by the Newburgh, Allentown and Harrisburg, see. Those who may have been strang- innocent and unwavering patriotism of continue to recruit workers from its ers are now confidants, those who were one little boy, is on pace to raise skilled workforce. acquaintances are now considered fam- $18,000. This is the next generation of Likewise in the Sharon MSA: All of ily. American workers, soldiers, carriers of the hospitals in the Sharon MSA com- During this trying time, I want both freedom, and already in their young pete with the Youngstown, OH, MSA to express my heartfelt condolences to life they are strong contributors. I for nurses, pharmacists, radiology all those directly involved in this trag- think the promise that is displayed technicians, and other allied health edy, and to commend and honor those here speaks for itself. We must protect professionals. As Senator SPECTER had who have devoted their soul to working these young people so that they may mentioned, Youngstown pays nurses $2 to restore tranquility and normalcy to pick up the torch when it is their time. to $3 more per hour than hospitals in the Nation. From firehouses to school- We cannot and will not fail them. I Sharon, yet those hospitals receive the houses, from New York City to San pledge to Jimmy Rubich that 20 years lowest area wage index in Pennsyl- Francisco and everywhere in between, from now, his great Nation, the United vania. Americans have repeatedly dem- States of America, will still be the bea- I have been working on this unique onstrated their capacity for compas- con of freedom that it is today. Medicare payment problem for more sion. f than 2 years now, seeking to enact at I want to begin by addressing the least a temporary reclassification of families of those who lost their lives on THE WTO MEETING IN QATAR, several Northeastern Pennsylvania United flight 93. I cannot begin to com- TAIWAN’S ACCESSION TO THE counties into the Newburgh, NY— fort them in their grief, but I must say WTO, AND TRADE PROMOTION Pennsylvania MSA; Northumberland that they have every reason to be ex- AUTHORITY County into the Harrisburg-Lebanon- tremely proud of the bravery shown by Mr. MURKOWSKI. Mr. President, I Carlisle MSA; and Mercer County into those on Flight 93. Their efforts are rise to note that yesterday the WTO the Youngstown-Warren, OH, MSA. As commended by all who stand here in concluded its fourth ministerial meet- Senator SPECTER had mentioned, there Congress. As Americans, we all recog- ing in Doha, Qatar. are other areas around the country nize, that we owe your family a debt Circumstances leading to this meet- where glitches such as these can be that cannot be repaid. ing were not auspicious. There is a war found. And what we seek to do with the Montanans have been deeply affected on, after all, and the Middle East is not submission of this legislative language by this tragedy; they have contacted the most comfortable place for the is to put our colleagues on notice that me with their grief, their hope for vic- champions of globalization and we are determined to work on a bipar- tory, and their desire to aid in the re- progress. tisan basis to bring much needed relief lief effort. Tragically, Adam Larson of With the global economic slowdown, to our negatively affected hospitals, Choteau, MT, was an employee of Aon protectionism is on the rise. Not ex- and to do the same for other areas Corp., located on what was the 103rd actly the best time to undertake talks around the country where these cir- floor of the World Trade Center. In the to expand global trade. cumstances have caused similar prob- midst of the attacks, he phoned his Many of us remember that in 1999, lems and merit similar response. wife Patti and told her the building the WTO met in Seattle in very dif- I have recently spoken directly with was being evacuated and he was on his ficult circumstances. The city was Senate Finance Committee Ranking way to safety. He was last seen by his rocked by rioting, the participants Member GRASSLEY about this very co-workers following them down the failed to reach consensus, and the basic issue, and my strong desire to achieve stairs to exit the building, a building assumptions underlying international a legislative fix as soon as possible. I he never escaped. Adam Larson was 37 trade were left in tatters. In sharp con- am also a strong supporter of legisla- years old, and senior vice president for trast and against some tough odds, the tion to set the rural wage index nation- Aon. Many think that because of his WTO ministerial meeting was a great ally at a uniform and higher rate. How- outwardly giving personality, he may success. ever, whether or not Congress con- have stopped to help someone in need. The WTO initiated a new Round of siders a national solution to this area I, along with Montanans everywhere international trade negotiations, set- of Medicare law is unclear, and our grieve with the Larson family, pray for ting forth an ambitious agenda by hospitals cannot afford to wait for a hope, and express our sincere support overcoming difficult objections from national solution that may be a year or in enduring a set of circumstances that the EU, the developing world, and even two away. is difficult to comprehend. those in this country who are less- In closing, I wish to relay to our col- In addition to grief, Montanans have than-appreciative of the importance of leagues that achieving this financial also displayed the characteristic re- international trade.

VerDate Mar 15 2010 03:29 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S11934 CONGRESSIONAL RECORD — SENATE November 15, 2001 I believe United States Trade Nego- nal that violence of any kind is unac- expected him to transform those secre- tiator Robert Zoellick and his team de- ceptable in our society. tive, corrupt and brutal institutions serves much of the credit for the suc- I would like to describe a terrible overnight. But it is the Government’s cess of Doha. crime that occurred Aug. 24, 1997 in first duty to protect its citizens, and By skillfully engineering compromise Leesburg, FL. A man allegedly punched people did expect him to make justice where compromise did not appear pos- a woman in the face because of her sex- a priority, get rid of the old guard, and sible, Ambassador Zoellick has helped ual orientation. The assailant, Kevin demand accountability. to set the table for important gains to Earl Bilbrey, 25, was charged with ag- That has not happened, at least not come in international trade. gravated battery and a hate crime. yet, and Digna Ochoa’s death has, trag- Thanks to Ambassador Zoellick and I believe that government’s first duty ically, focused attention again on this President Bush’s leadership on trade, is to defend its citizens, to defend them festering problem. There are undoubt- the future for US agricultural export- against the harms that come out of edly many others who have suffered ers is brighter, prospects for improve- hate. The Local Law Enforcement En- similar fates—faceless Mexican who ment in the transparency of the WTO hancement Act of 2001 is now a symbol are not widely known, who have been are better, and the commitment of all that can become substance. I believe threatened or murdered, or who lan- nations to help end the scourge of HIV/ that by passing this legislation, we can guish in prison without access to jus- AIDS and other is more secure. The lib- change hearts and minds as well. tice. eralization of international trade is f To his credit, on November 9 Presi- back on track. dent Fox ordered the release from pris- DIGNA OCHOA He and his staff were also instru- on of two ecologists, represented by mental in achieving the accessions of Mr. LEAHY. Mr. President, I rise Ms. Ochoa in the past, who never China and Taiwan at the Doha Ministe- today to express the deep sadness and should have been imprisoned in the rial Meeting. anger that I and many of my Vermont first place. For possessing the courage I also want to highlight two impor- constituents feel about the senseless, to try to stop the destruction of forests tant other achievements of the Doha cold-blooded murder of one of Mexico’s where they lived, they were arrested Ministerial. most respected and courageous human and allegedly tortured. First, China acceded to the WTO. rights lawyers, Digna Ochoa y Placido. The destruction of tropical forests is This culminates the more than 20 years On October 20, 2001, Ms. Ochoa was an urgent problem from Indonesia to of economic reform in that country, shot at near point blank range in her Latin America, as logging companies and, I think, places China squarely on office. At her side was a note that compete for profits until the forests the path toward greater political re- threatened other human rights activ- are completely destroyed. Often, the forms. We should congratulate Ambas- ists who have defended environmental- militaries in these countries are di- sador Zoellick for his leadership on ists, labor leaders, or other unjustly rectly involved in these destructive, that score. imprisoned or tortured by the Mexican yet lucrative, schemes, and do not hesi- Finally, I want to say a special word army and police. A former nun, Ms. tate to kill or frame those who get in of congratulation to the people of Tai- Ochoa was a role model for all human their way because they have known wan for achieving WTO accession at rights defenders, because of her ex- only impunity. Doha. Taiwan’s membership in inter- traordinary courage, dedication, and However, besides releasing these two national organizations such as the commitment to some of the most dis- men, the Mexican Government has WTO is an important recognition of her advantaged members of Mexican soci- done little to respond to Ms. Ochoa’s current and future contributions. ety. death. A truth commission to examine Taiwan is a critical member of the Ms. Ochoa frequently put the people past human rights abuses has not been international community. The WTO, she represented ahead of her own per- established. That is presumably be- and other global institutions, are bet- sonal safety, and was an easy target for cause it requires challenging some of ter off for Taiwan’s membership. those who represent the worst of soci- the most entrenched, powerful, and Ambassador Zoellick and Assistant ety, who would threaten or kill the dangerous forces within Mexican soci- USTR Jeff Bader deserve special rec- downtrodden to protect their own ety. Nevertheless, President Fox made ognition for ensuring Taiwan’s entry crimes. She had received many death this promise, and that is what is ur- into the WTO over the potential objec- threats, and in 1999 she was kidnapped gently needed. tions of the other newest member of twice. During one of those abductions, Another troubling case is the impris- that organization. her kidnappers tied her to a chair, onment of Brigadier General Jose This was a good week for inter- opened a gas canister, and left her to Francisco Gallardo, who was convicted national trade. I hope that the United die as the fumes slowly filled the of corruption based on evidence that is, States Congress will follow up on the room—from which she narrowly es- at best, inconclusive. Many observers successes of this week and provide the caped. feel that the main reason he is in pris- President with the authority he needs Digna Ochoa’s death is a tragedy for on and the Mexican Government con- to negotiate new trade agreements. all Mexicans. But it is particularly out- tinues to oppose his release is because We need to capitalize on the gains rageous because it could have been he spoke out about abuses in the mili- made at Doha, and Trade Promotion avoided. Although it was widely known tary. President Fox must deal with Authority for the President is the crit- that threats and acts of violence were this case immediately. ical tool he needs to do just that. being carried out against her and other I am convinced that President Fox is I am hopeful that the House will act members of Prodh—the human rights the right leader for Mexico at this crit- on a bill to provide the President TPA organization where she worked—Mexi- ical time, and I have confidence in him this session, and that the Finance can officials failed to investigate or and his advisors. I do not minimize the Committee will have the opportunity prosecute those crimes. herculean tasks they face—political, to mark-up that bill for a vote on the It would be hard to overstate the op- economic and social reform on a na- floor before we leave for the holidays. timism I felt when Vicente Fox was tional scale. But there is no way de- f elected Mexico’s President after 70 mocracy can succeed in Mexico with- years of misrule by the PRI. This elec- out the rule of law. And there is no bet- LOCAL LAW ENFORCEMENT ACT tion meant that Mexico could begin to ter place to start than by tracking OF 2001 overcome years of official corruption, down Digna Ochoa’s killers, and bring- Mr. SMITH of Oregon. Mr. President, police brutality, injustice and poverty ing them to justice for all to see. I rise today to speak about hate crimes suffered by the fast majority of Mexi- Mr. President, I ask unanimous con- legislation I introduced with Senator co’s population. sent that a piece written by Digna KENNEDY in March of this year. The When President Fox took office, he Ochoa, about her life, which was in- Local Law Enforcement Act of 2001 promised to end the long history of cluded in Kerry Kennedy Cuomo’s ex- would add new categories to current abuses by the Mexican army and po- traordinary book ‘‘Speak Truth To hate crimes legislation sending a sig- lice. No one expected miracles. No one Power,’’ be printed in the RECORD.

VerDate Mar 15 2010 03:29 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY November 15, 2001 CONGRESSIONAL RECORD — SENATE S11935 There being no objection, the mate- and named them. The worst was when they threatened. My first reaction was to feel cold rial was ordered to be printed in the said they were holding my father. I knew shivers. I went to the kitchen with a faxed copy of the threat and said to one of the sis- RECORD, as follows: what my father had suffered, and I didn’t want him to relive that. The strongest tor- ters in the congregation, ‘‘Luz, we’ve re- DIGNA OCHOA ture is psychological. Though they also gave ceived a threat, and they’re directed at me.’’ I am a nun, who started life as a lawyer, I me electric shocks and put mineral water up And Luz responded, ‘‘Digna, this is not a sought a religious community with a social my nose, nothing compared to the psycho- death threat. This is a threat of resurrec- commitment, and the protection of human logical torture. tion.’’ That gave me great sustenance. Later rights is one of the things that my particular There was a month of torture. I managed that day another of my lawyer colleagues, community focuses on. They have permitted to escape from where they were holding me. Pilar, called me to ask what security meas- me to work with an organization that fights I hid for a month after that, unable to com- ures I was taking. She was—rightfully—wor- for human rights, called Centro Pro, sup- municate with my family. It was a month of ried. I told her what Luz had said and Pilar porting me economically, morally, and spir- anguish and torture, of not knowing what to responded, ‘‘Digna, the difference is that itually. This has been a process of building a do. I was afraid of everything. you’re a religious person.’’ And I realized life project, from a social commitment to a I eventually got in touch with my family. that being a person of faith and having a spiritual one with a mystical aspect. Students at the University, with whom I had community, that having a base in faith, is a My father was a union leader in Veracruz, always gotten along very well, had mobilized source of support that others don’t have. Mexico. In the sugar factory where he on my behalf. After I ‘‘appeared’’ with the Now, some people said to me that my reac- worked, he was involved in the struggles for help of my family and human rights groups tion was courageous. But I’ve always felt potable water, roads, and securing land cer- in Jalapa, Veracruz, I was supported by law- anger at the suffering of others. For me, tificates. I studied law because I was always yers, most of whom were women. The fact anger is energy, it’s a force. You channel en- hearing that my father and his friends need- that I was in Veracruz caused my family an- ergy positively or negatively. Being sen- ed more lawyers. And all the lawyers guish. At first I wanted to stay, because I sitive to situations of injustice and the ne- charged so much. My father was unjustly knew we could find the police who detained cessity of confronting difficult situations jailed for one year and fifteen days. He was me. We filed a criminal complaint. We asked like those we see every day, we have to get then disappeared and tortured—the charges for the police registries. I could clearly iden- angry to provoke energy and react. If an act against him were fabricated. This led to my tify some of the officers. But there was a lot of injustice doesn’t provoke anger in me, it determination to do something for those suf- of pressure about what I should do: continue could be seen as indifference, passivity. It’s fering injustice, because I saw it in the flesh or not with the case? My life was at risk, and injustice that motivates us to do something, to take risks, knowing that if we don’t, with my father. so were the lives of members of my family. things will remain the same. Anger has made When I first studied law, I intended to After a month of anguish, my family, prin- us confront police and soldiers. Something begin practicing in the attorney general’s of- cipally my sisters, asked me to leave Jalapa that I discovered is that the police and sol- fice, then become a judge, then a magistrate. for a while. For me, but also for my parents. diers are used to their superiors shouting at I thought someone from those positions I came to Mexico City. The idea was to them, and they’re used to being mistreated. could help people. After I got my degree, I take a three-month human rights course for So when they run into a woman, otherwise became a prosecutor. I remember a very which I had received a scholarship. I met insignificant to them, who demands things of clear issue of injustice. My boss, who was re- someone at the human rights course who them and shouts at them in an authoritarian sponsible for all of the prosecutions within worked at Centro Pro, one of the human way, they are paralyzed. And we get results. the attorney general’s office, wanted me to rights groups involved on my behalf. One day I consider myself an aggressive person, and charge someone whom I knew to be innocent. he said, ‘‘Look, we’re just setting up the cen- it has been difficult for me to manage that There was no evidence, but my boss tried to ter and we need a lawyer. Work with us.’’ I within the context of my religious edu- make me prosecute him. I refused, and he had never dreamed of living in Mexico City, cation. But it does disarm authorities. I nor- prosecuted the case himself. and I didn’t want to. But I accepted, because mally dress this way, in a way that my Up until that time, I was doing well. The the conditions in Jalapa were such that I friends call monklike. That’s fine. It keeps job was considered a good one, because it was couldn’t go back. Two really good women people off guard. I give a certain mild image, in a coffee-producing area and the people lawyers in Jalapa with a lot of organiza- but then I can, more efficiently, demand there had lots of money. But I realized that tional support took up the defense case I had things, shout. I was doing the same thing that everyone been working on. This comforted me, be- For example, one time there was a guy who did, serving a system that I myself criticized cause I knew the case would not be dropped— had been disappeared for twenty days. We and against which I had wanted to fight. I I had learned the importance of having orga- knew he was in the military hospital, and we decided to quit and with several other law- nizational backup. So I started to work with filed habeas corpus petitions on his behalf. yers opened an office. I had no litigation ex- Centro Pro in December 1988. Since I began But the authorities simply denied having perience whatsoever. But I was energized by working with the organization, I’ve handled him in custody. One night we were informed leaving the attorney general’s office and a lot of cases of people like my father and that he was being held at a particular state being on the other side, the side of the de- people like me. That generates anger, and hospital. We went the next day. They denied fense. that anger becomes the strength to try to do us access. I spent the whole morning study- The first case I worked on was against ju- something about the problem. At work, even ing the comings and goings at the hospital to dicial police officers who had been involved though I give the appearance of seriousness see how I could get in. During a change in in the illegal detention and torture of sev- and resolve, I’m trembling inside. Some- shifts, I slipped by the guards. When I got to eral peasants. We wanted to feel like law- times I want to cry, but I know that I can’t, the room where this person was, the nurse at yers, so we threw ourselves into it. Our mis- because that makes me vulnerable, disarms the door told me I could not go in. ‘‘We are take was to take on the case without any in- me. not even allowed in,’’ she said. I told her that stitutional support. I had managed to obtain At this time, because of what happened to I would take care of myself; all I asked of her substantial evidence against the police, so me, I needed the help of a psychoanalyst, but was that she take note of what I was going they started to harass me increasingly, until I wasn’t ready to accept it. The director of to do and that if they did something to me, I was detained. First, they sent telephone Centro Pro prepared me to accept that sup- she should call a certain number. I gave her messages telling me to drop the case. Then port. He was a Jesuit and psychologist. For my card. I took a deep breath, opened the by mail came threats that if I didn’t drop it six months, I didn’t know he was a therapist. door violently and yelled at the federal judi- I would die, or members of my family would When I found out, I asked him why he hadn’t cial police officers inside. I told them they be killed. I kept working and we even pub- told me. ‘‘You never asked,’’ he said. We be- had to leave, immediately, because I was the licly reported what has happening. The in- came very close. He was my friend, my con- person’s lawyer and needed to speak with timidation made me so angry that I was mo- fessor, my boss, and my psychologist, too, al- him. They didn’t know how to react, so they tivated to work even harder. I was fright- though I also had my psychoanalyst. left. I had two minutes, but it was enough to ened, too, but felt I couldn’t show it. I al- The idea of a confessor came slowly to me. explain who I was, that I had been in touch ways had to appear—at least publicly—like I In Jalapa, I had been supported by some with his wife, and to get him to sign a paper was sure of myself, fearless. If I showed fear priests. When I first ‘‘appeared,’’ the first proving he was in the hospital. He signed. By they would know how to dominate me. It was place I was taken was a church. I felt secure then the police came back, with the fierce- a defense mechanism. there, though as a kid, I had never had much ness that usually characterizes their behav- Then, I was disappeared and held incom- to do with priests, besides attending church. ior. Their first reaction was to try to grab municado for eight days by the police. They To me they were people who accepted dona- me. They didn’t expect me to assume an at- wanted me to give them all the evidence tions, delivered sacraments, and were power tack position—the only karate position I against them. I had hidden the case file well, brokers. It made an impression on me to see know, from movies, I suppose. Of course, I not in my office, not in my house, and not priests committed to social organizations, don’t really know karate, but they definitely where the victims lived, because I was afraid supporting people. thought I was going to attack. Trembling in- that the police would steal it. Now, I felt in Since I’ve been at Centro Pro, we’ve gone side, I said sternly that if they laid a hand on the flesh what my father had felt, what other through some tough times, like the two me they’d see what would happen. And they people had suffered. The police told me that years of threats we received beginning in drew back, saying, ‘‘You’re threatening us.’’ they were holding members of my family, 1995. Once again it was me who was being And I replied, ‘‘Take it any way you want.’’

VerDate Mar 15 2010 03:29 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S11936 CONGRESSIONAL RECORD — SENATE November 15, 2001 After some discussion, I left, surrounded learned that the world is a lot bigger than the nation before the joint session of by fifteen police officers. Meanwhile I had the very small world that I had constructed. Congress. managed to record some interesting con- Thanks to a very difficult, painful experi- I commend Charles Krauthammer for versations. They referred to ‘‘the guy who ence for me and my family and my friends, this thoughtful and compelling article, was incommunicado,’’ a term that was very my horizons were broadened. Sometimes I important. I took the tape out and hid the say to myself, ‘‘What a way for God to make and highly recommend it to my col- cassette where I could. The police called for you see things.’’ But sometimes without that leagues in the Senate. hospital security to come, using the argu- we aren’t capable of seeing. Mr. President, I ask unanimous con- ment that it wasn’t permitted to have tape f sent that the text of the Krauthammer recorders inside the hospital. I handed over article be printed in the RECORD. the recorder. Then they let me go. I was THE REAL NEW WORLD ORDER There being no objection, the article afraid that they would kidnap me outside Mr. KYL. Mr. President, I rise today was ordered to be printed in the the hospital, I was alone. I took several to commend Charles Krauthammer for RECORD, as follows: taxis, getting out, changing, taking another, because I didn’t know if they were following his fine article in the November 12 [From the Weekly Standard, Nov. 12, 2001] me. When I arrived at Centro Pro, I could fi- issue of The Weekly Standard, titled THE REAL NEW WORLD ORDER nally breathe. I could share all of my fear. If ‘‘The Real New World Order.’’ Not only THE AMERICAN EMPIRE AND THE ISLAMIC the police knew that I was terrified when does Mr. Krauthammer’s article CHALLENGE they were surrounding me, they would have present the flawed assumptions and (By Charles Krauthammer) been able to do anything to me. philosophical underpinnings of the for- I. The Anti-Hegemonic Alliance Sometimes, without planning and without eign policies of the Clinton administra- being conscious of it, there is a kind of group On September 11, our holiday from history therapy among the colleagues at Centro Pro. tion—particularly his denunciation of came to an abrupt end. Not just in the triv- We show what we really feel, our fear. We that administration’s fealty to the no- ial sense that the United States finally cry. There’s a group of us who have suffered tion of an overriding international learned the meaning of physical vulner- physically. On the other hand, my religious order defined by treaties and designed ability. And not just in the sense that our il- community has helped me manage my fear. to insulate the world from the burden lusions about the permanence of the post- At times of great danger, group prayer and of American hegemony—but also the Cold War peace were shattered. study of the Bible and religious texts helps demands placed upon the administra- We were living an even greater anomaly. With the collapse of the Soviet Union in the me. Praying is very important. Faith in God. tion of George W. Bush in the wake of That has been a great source of strength. early 1990s, and the emergency of the United And I’m not alone anymore. As a Christian, the events of September 11. It is a com- States as the undisputed world hegemon, the as a religious person, I call myself a follower pelling piece, and deserves notice. inevitable did not happen. Throughout the of Christ who died on the cross for denounc- Krauthammer’s article was written three and a half centuries of the modern ing the injustices of his time. And if He had prior to the dramatic events of the past state system, whenever a hegemonic power to suffer what he suffered, what then can we week in Afghanistan. That some of his has emerged, a coalition of weaker powers expect? analysis is out of date in light of the has inevitably arisen to counter it. When Na- For years after my father was tortured, I battlefield successes of the so-called poleonic France reached for European he- wanted revenge. Then, when I was the tor- Northern Alliance does not, however, gemony, an opposing coalition of Britain, ture victim, the truth is that the last thing Prussia, Russia, and Austria emerged to stop I wanted was revenge, because I feared that detract from the validity of the main it. Similarly during Germany’s two great it would be an unending revenge. I saw it as thesis he presents in his typically ar- reaches for empire in the 20th century. It is a chain. Three years after coming to Mexico ticulate and knowledgeable style. an iron law: History abhors hegemony. Yet City I remember that a person came to tell Krauthammer argues that the United for a decade, the decade of the unipolar mo- me that they had found two of the judicial States, as a result of the terrorist at- ment, there was no challenge to the United police officers who tortured me. tacks that killed thousands of Ameri- States anywhere. The person asked if I wanted him to get cans, is confronted with an epochal op- The expected anti-American Great Power coalition never materialized. Russia and them and give them their due. At first, I did portunity that, if seized, will facilitate have a moment when I thought yes. But I China flirted with the idea repeatedly, but thought about it and realized that I would one of the most far-reaching trans- never consummated the deal. Their summits simply be doing what they did. I would have formations in the history of inter- would issue communique´s denouncing he- no right to speak about them as I am talking national relations. Rather than facing gemony, unipolarity, and other euphemisms about them now. I would have been one of the rising tide of anti-Americanism for American dominance. But they were un- them. postulated to be the natural result of likely allies from the start. Each had more I rarely share my own experience of tor- the United States’ unique status as the to gain from its relations with America than ture. But I remember talking to a torture world’s sole superpower, much of the from the other. It was particularly hard to victim who was very, very angry, for whom see why Russia would risk building up a the desire for revenge was becoming destruc- world has actually aligned itself with more populous and prosperous next-door tive. I shared my own experience, and that U.S. interests in the face of an elusive neighbor with regional ambitions that would made an impression on him. But if we don’t enemy brandishing an apocalyptic view ultimately threaten Russia itself. forgive and get over the desire for revenge, of the current global structure, radical The other candidate for anti-hegemonic we become one of them. You can’t forget tor- Islamic fundamentalism. opposition was a truncated Russia picking ture, but you have to learn to assimilate it. The developments of the past several up pieces of the far-flug former Soviet em- To assimilate it you need to find forgiveness. days have caught many of us off-guard. pire. There were occasional feints in that di- It’s a long-term, difficult, and very necessary Little that was known about the rection, with trips by Russian leaders to undertaking. Taliban indicated that it would coun- former allies like Cuba, Iraq, even North If you don’t step up to those challenges, Korea. But for the Russians this was even what are you doing? What meaning does tenance its own defeat as swiftly as has more a losing proposition than during their your life have? It is survival. When I began occurred. I do not believe that could first go-round in the Cold war when both the to work, when I took that case in which they have happened had the President not Soviet Union and the satellites had more to made me leave Jalapa, I was committed to made clear, in word and deed, his com- offer each other than they do today. doing something against injustice. But there mitment to prevail over that brutal re- With no countervailing coalition emerging, was something else that motivated me, and I gime and the terrorist organization it American hegemony had no serious chal- have to recognize it, even though it causes protects and that was responsible for lenge. That moment lasted precisely ten me shame. What motivated me as well as the years, beginning with the dissolution of the commitment was the desire to win prestige the terrible events of September 11. Soviet Union in December 1991. It is now as a lawyer. Thanks to the very difficult sit- The imperative of victory not yet over. The challenge, long-awaited, finally de- uation that I lived through, I realized what achieved, however, remains. The mo- clared itself on September 11 when the rad- was wrong. What a shame that I had to go mentous reaction of the world’s major ical Islamic movement opened its world-wide through that in order to discover my real regional powers, as well as of govern- war with a, literally, spectacular attack on commitment, the meaning of my life, the ments throughout the Middle East, to the American homeland. Amazingly, how- reason I’m here. In this sense, I’ve found the attacks on the World Trade Center ever, this anti-hegemonic alliance includes something positive in what was a very pain- and the Pentagon will prove ephemeral not a single Great Power. It includes hardly ful experience. If I hadn’t suffered, I wouldn’t any states at all, other than hostage-accom- have been able to discover injustice in such should we fail to continue to wage this plice Afghanistan. depth. Maybe I wouldn’t be working in war, and to define its parameters, with That is the good news. The bad news is Centro Pro. Maybe I wouldn’t have entered the determination and clarity evident that because it is a sub-state infiltrative en- the congregation. Maybe I wouldn’t have in the President’s splendid address to tity, the al Qaeda network and its related

VerDate Mar 15 2010 03:29 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY November 15, 2001 CONGRESSIONAL RECORD — SENATE S11937 terrorists around the world lack an address. trying to get like-minded countries to sign to be the world’s most populous state. For And a fixed address—the locus of any retalia- onto an agreement to prevent individuals half a century since Nehru’s declaration of tion—is necessary for effective deterrence. from getting easy access to the substrates of nonalignment, India had defined itself inter- Moreover, with the covert support of some bioweapons. That is perfectly reasonable. nationally in opposition to the United rogue regimes, this terrorist network com- And it is totally different from having some States. As one of the founders in 1955 of the mands unconventional weapons and uncon- kind of universal enforcement bureaucracy nonaligned movement at Bandung, India ventional tactics, and is fueled by a radi- going around the world checking biolabs, helped define nonalignment as anti-Amer- calism and a suicidal fanaticism that one which would have zero effect on the bad ican. Indeed, for reasons of regional politics does not normally associate with adversary guys. They hide everything.) (Pakistan’s relations with China and with states. This decade-long folly—a foreign policy of the United States) as well as ideology, India This radicalism and fanaticism anchored norms rather than of national interest—is aligned itself firmly with the Soviet Union. in religious ideology only increased our over. The exclamation mark came with our That began to fade with the end of the Cold shocked surprise. We had given ourselves to urgent post-September 11 scurrying to Paki- War, and over time relations with the United believe that after the success of our classic stan and India to shore up relations for the States might have come to full flower. None- encounters with fascism and Nazism, then fight with Afghanistan. Those relations theless, September 11 made the transition in- communism, the great ideological struggles needed shoring up because of U.S. treatment stantaneous. India, facing its own Taliban- were finished. This was the meaning of of India and Pakistan after their 1998 nuclear related terrorism in Kashmir, immediately Francis Fukuyama’s End of History. There tests. Because they had violated the uni- invited the United States to use not just its would, of course, be the usual depredations, versal nonproliferation ‘‘norm,’’ the United airspace but its military bases for the cam- invasions, aggressions, and simple land grabs States automatically imposed sanctions, paign in Afghanistan. The Nehru era had of time immemorial. But the truly world- blocking international lending and aid, and ended in a flash. Nonalignment was dead. historical struggles were over. The West had banning military sales. The potential warm- India had openly declared itself ready to join won. Modernization was the way. No great ing of relations with India after the death of Pax Americana. idea would arise to challenge it. its Cold War Soviet alliance was put on hold. The transformation of Russian foreign pol- Radical Islam is not yet a great idea, but And traditionally strong U.S.-Pakistani rela- icy has been more subtle but, in the long it is a dangerous one. And on September 11, tions were cooled as a show of displeasure. run, perhaps even more far-reaching. It was it arose. After September 11, reality once again set in, symbolized by the announcement on October 17 that after 37 years Russia was closing its II. The American Mind and such refined nonsense was instantly put aside. massive listening post at Lourdes, Cuba. It took only a few hours for elite thinking Lourdes was one of the last remaining sym- about U.S. foreign policy to totally reorient This foreign policy of norms turned out to be not just useless but profoundly damaging. bols both of Soviet global ambitions and of itself, waking with a jolt from a decade-long reflexive anti-Americanism. slumber. During the 1990s, American foreign During those eight Clinton years, while the United States was engaged in (literally) pa- Now, leaving Lourdes is no miracle. It policy became more utopian and divorced would likely have happened anyway. It is a from reality than at any time since our last perwork, the enemy was planning and arm- ing, burrowing deep into America, preparing $200 million a year luxury at a time when the postwar holiday from history in the 1920s. Russian military is starving. But taken to- The liberal internationalists of the Clinton for war. When war broke out, eyes opened. You no gether with the simultaneously reported era could not quite match the 1928 Kellogg- longer hear that the real issue for American Russian decision to leave Cam Ranh Bay (the Briand Pact abolishing war forever for sheer foreign policy is global warming, the inter- former U.S. Naval base in South Vietnam, cosmic stupidity. But they tried hard. And nal combustion engine, drug traffic, AIDs, or leased rent-free in 1979 for 25 years), it sig- they came close. naled a new orientation of Russian policy. Guided by the vision of an autonomous, ac- any of the other transnational trendies of the ’90s. On September 11, American foreign On his trip to European Union headquarters tive, and norm-driven ‘‘international com- in early October, President Vladimir Putin munity’’ that would relieve a unilateralist policy acquired seriousness. It also acquired a new organizing principle: We have an made clear that he sees Russia’s future with America from keeping order in the world, the West—and that he wants the West to see the Clinton administration spent eight years enemy, radical Islam; it is a global opponent of worldwide reach, armed with an idea, and its future including Russia. signing one treaty, convention, and inter- This shift is tactical for now. America national protocol after another. From this with the tactics, weapons, and ruthlessness necessary to take on the world’s hegemon; needs help in the Afghan war. Russia can web of mutual obligations, a new and vital provide it. It retains great influence over the ‘‘international community’’ would ulti- and its defeat is our supreme national objec- tive, as overriding a necessity as were the ‘‘-stans,’’ the former Soviet Central Asian re- mately regulate international relations and publics. From their side, the Russians need keep the peace. This would, of course, come defeats of fascism and Soviet communism. That organizing principle was enunciated hands off their own Islamic problem in at the expense of American power. But for by President Bush in his historic address to Chechnya. Putin came in deal. In Brussels, those brought up to distrust, and at times Congress. From that day forth, American he not only relaxed his opposition to NATO’s detest, American power, this diminution of foreign policy would define itself—and define expansion to the borders of Russia, not only dominance was a bonus. signaled his willingness to compromise with To understand the utter bankruptcy of this friend and foe—according to who was with us or against us in the war on terrorism. This is the United States on missile defense, but approach, one needs but a single word: an- broadly hinted that Russia should in essence thrax. The 1972 Biological Weapons Conven- the self-proclaimed Bush doctrine—the Tru- man doctrine with radical Islam replacing become part of NATO. tion sits, with the ABM treaty and the Were this movement to develop and deep- Soviet communism. The Bush doctrine Chemical Weapons Convention, in the pan- en, to become strategic and permanent, it marks the restoration of the intellectual and theon of arms control. We now know that its could become one of the great revolutions in conceptual simplicity that many, including signing marks the acceleration of the Soviet world affairs. For 300 years since Peter the our last president, wistfully (and hypo- bioweapons program, of which the 1979 an- Great, Russia has been unable to decide critically) said they missed about the Cold thrax accident at a secret laboratory at whether it belongs east or west. But in a War. Henry Kissinger’s latest book, brilliant Sverdlovsk was massive evidence, largely ig- world realigned to face the challenge of rad- though it is, published shortly before Sep- nored. It was not until the fall of the Soviet ical Islam, it is hard to see why Russia could tember 11, is unfortunately titled Does Union that the vast extent of that bio- not, in principle, be part of the West. With America Need a Foreign Policy? Not only do weapons program was acknowledged. But the Soviet ideology abandoned, Russia’s we know that it does. We know what it is. that—and the post-Gulf War evidence that grievances against the West are reduced to Iraq, another treaty signatory in good stand- III. The New World Order the standard clash of geopolitical ambitions. ing, had been building huge stores of bio- The post-September 11 realignments in the But just as France and Germany and Britain weapons—made little impression on the lib- international system have been swift and have learned to harmonize their old geo- eral-internationalist faithful. Just before tectonic. Within days, two Great Powers political rivalries within a Western struc- September 11, a serious debate was actually that had confusedly fumbled their way ture, there is no reason Russia could not. about to break out in Congress about the through the period of unchallenged Amer- Cam Ranh Bay and Lourdes signal Russia’s Bush administration’s decision to reject the ican hegemony in the 1990s began to move renunciation of global ambitions. What re- biological weapons treaty’s new, and particu- dramatically. A third, while not altering its main are Russia’s regional ambitions—to larly useless, ‘‘enforcement’’ protocol that commitments, mollified its militancy. The protect the integrity of the Russian state the Clinton administration had embraced. movement was all in one direction: toward itself, and to command a sphere of influence After the apocalypse, there are no believ- alignment with the United States. The three including its heavily Islamic ‘‘near abroad.’’ ers. The Democrats who yesterday were powers in question—India, Russia, and For the first decade of the post-Cold War era, touting international law as the tool to fight China—have one thing in common: They all we showed little sympathy for the first of bioterrorism are today dodging anthrax border Islam, and all face their own radical these goals and none for the second. We spores in their own offices. They very idea of Islamic challenges. looked with suspicion on Russia’s reasser- safety-in-parchment is risible. When war First to embrace the United States was tion of hegemony over once-Soviet space. breaks out, even treaty advocates take to India, a rising superpower, nuclear-armed, The great fight over Caspian oil, for exam- the foxholes. (The Bush administration is economically vibrant, democratic, and soon ple, was intended to ensure that no pipeline

VerDate Mar 15 2010 03:29 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S11938 CONGRESSIONAL RECORD — SENATE November 15, 2001 went through Russia (or Iran), lest Russia fying deterrent effect of American power, American power and its ability to provide end up wielding too much regional power. will be fatally threatened. safety under the American umbrella. Should That day may be over. Today we welcome Which is why so much hinges on the suc- we succeed in the war on terrorism, first in Russia as a regional power, particularly in cess of the war on terrorism. Initially, suc- Afghanistan, we will be cementing the New Islamic Central Asia. With the United States cess need not be defined globally. No one ex- World Order—the expansion of the American and Russia facing a similar enemy—the rad- pects a quick victory over an entrenched and sphere of peace to include Russia and India ical Islamic threat is more virulent towards shadowy worldwide network. Success does, (with a more neutral China)—just now begin- America but more proximate to Russia— however, mean demonstrating that the ning to take shape. Should we fail, it will be Russia finds us far more accommodating to United States has the will and power to en- sauve qui peut. Other countries—and not just its aspirations in the region. The United force the Bush doctrine that governments our new allies but even our old allies in Eu- States would not mind if Moscow once again will be held accountable for the terrorists rope—will seek their separate peace. If the gained hegemony in Central Asia. Indeed, we they harbor. Success therefore requires mak- guarantor of world peace for the last half would be delighted to give it back Afghani- ing an example of the Taliban. Getting century cannot succeed in a war of self-de- stan—except that Rusia (and Afghanistan) Osama is not the immediate goal. Everyone fense against Afghanistan(!), then the whole would decline the honor. But American rec- understands that it is hard, even for a super- post-World War II structure—open borders, ognition of the legitimacy of Russian Great power, to go on a cave-to-cave manhunt. open trade, open seas, open societies—will Power status in Central Asia is clearly part Toppling regimes is another matter. For the begin to unravel. of the tacit bargain in the U.S.-Russian re- Taliban to hold off the United States is an The first President Bush sought to estab- alignment. Russian accommodation to NATO astounding triumph. Every day that they re- lish a New World Order. He failed, in part be- expansion is the other part. The Afghan cam- main in place is a rebuke to American power. cause he allowed himself to lose a war he had paign marks the first stage of a new, and Indeed, as the war drags on, their renown, just won. The second President Bush never quite possibly historic, rapprochement be- particularly in the Islamic world, will only sought a New World Order. It was handed to tween Russia and the West. grow. him on Sept. 11. To maintain it, however, he The third and most reluctant player in the After September 11, the world awaited the has a war to win. show of American might. If that show fails, realignment game is China. China is the f least directly threatened by radical Islam. It then the list of countries lining up on the has no Chechnya or Kashmir. But it does other side of the new divide will grow. This ADDITIONAL STATEMENTS have simmering Islamic discontent in its particularly true of the Arab world with its western provinces. It is sympathetic to any small, fragile states. Weaker states invari- attempt to tame radical Islam because of the ably seek to join coalitions of the strong. GIVE IT UP FOR BUCK O’NEIL long-term threat it poses to Chinese unity. For obvious reasons of safety, they go with ∑ those who appear to be the winners. (Great Mrs. CARNAHAN. Mr. President, At the just completed Shanghai Summit, today I rise to honor a true hero on the China was noticeably more accommodating Powers, on the other hand, tend to support than usual to the United States. It is still no coalitions of the weak as a way to create occasion of his 90th birthday. ally, and still sees us, correctly, as standing equilibrium. Thus Britain was forever bal- John Jordan O’Neil, Jr. was born on in the way of its aspirations to hegemony in ancing power on the Continent by supporting November 13, 1911 in Carrabelle, FL. the western Pacific. Nonetheless, the notion coalitions of the weak against a succession Over the years he has been given many of China’s becoming the nidus for a new anti- of would-be hegemons.) Jordan is the classic nicknames including Jay, Foots, Coun- American coalition is dead. At least for now. example. Whenever there is a conflict, it try, Cap, even Nancy and Old Relic, but tries to decide who is going to win, and joins There is no Russian junior partner to play. the one that endures is Buck. Pakistan, which has thrown in with the that side. In the Gulf War, it first decided wrong, then switched to rejoin the American As a teenager, he worked in the Sara- United States, will not play either. And sota celery fields. The job was miser- there is no real point. For the foreseeable fu- side. That was not out of affection for Wash- ture, the energies of the West will be di- ington. It was cold realpolitik. The improb- able, toiling in the oven-hot dirt and rected against a common enemy. China’s able pro-American Gulf War coalition man- muck. He knew there had to be some- posture of sympathetic neutrality is thus a aged to include such traditional American thing better, and fortunately for us, he passive plus: It means that not a single adversaries as Syria because of an accurate was right. Buck O’Neil loves baseball. Great Power on the planet lies on the wrong Syrian calculation of who could overawe the It’s that simple. In his own words he side of the new divide. This is historically region. describes what a wonderful thing base- unprecedented. Call it hyper-unipolarity. The Arab states played both sides against the middle during the Cold War, often ball is. ‘‘There is nothing greater for a And for the United States, it is potentially a human being than to get his body to great gain. abruptly changing sides (e.g., Egypt during With Latin America and sub-Saharan Afri- the ’60s and ’70s). They lined up with the react to all the things one does on a ca on the sidelines, the one region still in United States against Iraq at the peak of ballfield...It’s as good as music. It play—indeed the prize in the new Great American unipolarity at the beginning of the fills you up.’’ Game—is the Islamic world. It is obviously 1990s. But with subsequent American weak- You see, by studying the history of divided on the question of jihad against the ness and irresolution, in the face both of baseball one discovers a great deal post-Gulf War Iraqi defiance and of repeated infidel. Bin Laden still speaks for a minor- about the sport’s hidden history. Biog- ity. The religious parties in Pakistan, for ex- terrorist attacks that garnered the most feckless American military responses, re- rapher Ken Burns said, ‘‘By lifting the ample, in the past decade never got more rug of our past, we find not only the than 5 percent of the vote combined. But bin spect for American power declined. Inevi- Ladenism clearly has support in the Islamic tably, the pro-American coalition fell apart. sins we hoped we had concealed be- ‘‘street.’’ True, the street has long been The current pro-American coalition will neath it, but also new and powerful he- overrated. During the Gulf War, it was ut- fall apart even more quickly if the Taliban roes who thrived in the darkness and terly silent and utterly passive. Nonetheless, prove a match for the United States. Con- can teach us much about how to live in after five years of ceaseless agitation trary to the current delusion that the Is- the light.’’ lamic states will respond to American dem- through Al Jazeera, and after yet another Living through the bitter experiences decade of failed repressive governance, the onstrations of solicitousness and sensitivity (such as a halt in the fighting during Rama- that our country reserved to men of his street is more radicalized and more poten- color, Buck reflects only gold and light tially mobilizable. For now, the corrupt rul- dan), they are waiting to see the success of ing Arab elites have largely lined up with American power before irrevocably commit- out of despair and suffering. He knows the United States, at least on paper. But ting themselves. The future of Islamic and he can go farther with generosity and their holding power against the radical Is- Arab allegiance will depend on whether the kindness than with anger and hate. He lamic challenge is not absolute. The war on Taliban are brought to grief. knows what human progress is all The assumption after September 11 was terrorism, and in particular the Afghan war, that an aroused America will win. If we dem- about. will be decisive in determining in whose onstrate that we cannot win, no coalition When asked to tell of his journey camp the Islamic world will end up: ours— with moderate Arabs will long survive. But from the Negro Leagues to the Majors, that of the United States, the West, Russia, much more depends on our success than just Buck’s eyes light up. Though he has India—or Osama bin Laden’s. the allegiance of that last piece of the geo- been telling the story for the past fifty IV. The War political puzzle, the Islamic world. The en- years, he never tires of recounting the The asymmetry is almost comical. The tire new world alignment is at stake. playing days and the men who lived whole world against one man. If in the end States line up with more powerful states it—men like Satchel Paige, Josh Gib- the United States, backed by every Great not out of love but out of fear. And respect. Power, cannot succeed in defeating some The fear of radical Islam has created a new, son and Cool Papa Bell. Like many a cave dwellers in the most backward country almost unprecedented coalition of interests good story and storyteller, it’s inter- on earth, then the entire structure or world among the Great Powers. But that coalition esting to see how much they’ve im- stability, which rests ultimately on the paci- of fear is held together also by respect for proved over the years.

VerDate Mar 15 2010 03:29 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY November 15, 2001 CONGRESSIONAL RECORD — SENATE S11939 When others would have preferred to men and women of the United States Postal the Strategy with United States energy pol- live in a more enlightened time, Buck Service have done an outstanding job of col- icy, and promoting a sound national environ- has no regrets. ‘‘Waste no tears on lecting, processing, sorting, and delivering mental policy, to establish a research and me,’’ he says. ‘‘I didn’t come along too the mail during this time of national emer- development program that focuses on bold gency. technological breakthroughs that make sig- early. I was right on time.’’ What a les- nificant progress toward the goal of sta- son we can learn from this great hero. ENROLLED BILLS SIGNED The message further announced that bilization of greenhouse gas concentrations, ‘‘Give it up’’—that’s Buck’s way. Don’t to establish the National Office of Climate be so formal. Don’t hide behind polite the Speaker has signed the following Change Response within the Executive Office conversations. Don’t be afraid to show enrolled bills: of the President, and for other purposes. someone some love. Show what’s in H.R. 2330. An act making appropriations (Rept. No. 107–99). your heart, always; don’t keep it in- for Agriculture, Rural Development, Food f side. On this special occasion I urge us and Drug Administration, and Related Agen- ∑ cies programs for the fiscal year ending Sep- EXECUTIVE REPORT OF A all to ‘‘Give it up.’’ tember 30, 2002, and for other purposes. COMMITTEE f H.R. 2500. An act making appropriations for the Departments of Commerce, Justice, The following executive report of a MESSAGES FROM THE PRESIDENT and State, the Judiciary, and related agen- committee was reported on November Messages from the President of the cies for the fiscal year ending September 30, 15, 2001: United States were communicated to 2002, and for other purposes. By Mr. BIDEN, from the Committee on the Senate by Ms. Evans, one of his The enrolled bills were signed subse- Foreign Relations: secretaries. quently by the President pro tempore TREATY DOC. 106–41 PROTOCOL RELATING TO f (Mr. BYRD). THE MADRID AGREEMENT (EXEC. REPT. 107–1) TEXT OF THE COMMITTEE RECOMMENDED f EXECUTIVE MESSAGES REFERRED RESOLUTION OF ADVICE AND CONSENT As in executive session the Presiding MEASURES REFERRED Resolved (two-thirds of the Senators present Officer laid before the Senate messages The following concurrent resolutions concurring therein), from the President of the United were read, and referred as indicated: SECTION 1. ADVICE AND CONSENT TO ACCES- States submitting a withdrawal and SION TO THE MADRID PROTOCOL, H. Con. Res. 211. Concurrent resolution SUBJECT TO AN UNDERSTANDING, sundry nominations which were re- commending Daw Aung San Suu Kyi on the DECLARATIONS, AND CONDITIONS. ferred to the appropriate committees. 10th anniversary of her receiving the Nobel The Senate advises and consents to the ac- (The nominations received today are Peace Prize and expressing the sense of the cession by the United States to the Protocol printed at the end of the Senate pro- Congress with respect to the Government of Relating to the Madrid Agreement Con- ceedings.) Burma; to the Committee on Foreign Rela- cerning the International Registration of tions. Marks, adopted at Madrid on June 27, 1989, f H. Con. Res. 257. Concurrent resolution ex- entered into force on December 1, 1995 (Trea- REPORT ON THE SEVENTH BIEN- pressing the sense of the Congress that the ty Doc. 106–41; in this resolution referred to NIAL REVISION (2002–2006) TO THE men and women of the United States Postal as the ‘‘Protocol’’), subject to the under- UNITED STATES ARCTIC RE- Service have done an outstanding job of de- standing in section 2, the declarations in sec- SEARCH PLAN—MESSAGE FROM livering the mail during this time of na- tion 3, and the conditions in section 4. tional emergency; to the Committee on Gov- THE PRESIDENT—PM 59 SEC. 2. UNDERSTANDING. ernmental Affairs. The advice and consent of the Senate The PRESIDING OFFICER laid be- f under section 1 is subject to the under- fore the Senate the following message standing, which shall be included in the from the President of the United EXECUTIVE AND OTHER United States instrument of accession to the States, together with an accompanying COMMUNICATIONS Protocol, that no secretariat is established report; which was referred to the Com- The following communications were by the Protocol and that nothing in the Pro- mittee on Governmental Affairs. tocol obligates the United States to appro- laid before the Senate, together with priate funds for the purpose of establishing a To the Congress of the United States: accompanying papers, reports, and doc- permanent secretariat at any time. Pursuant to the provisions of the uments, which were referred as indi- SEC. 3. DECLARATIONS. Arctic Research and Policy Act of 1984, cated: The advice and consent of the Senate as amended (15 U.S.C. 4108(a)), I trans- EC–4576. A communication from the Sec- under section 1 is subject to the following mit herewith the seventh biennial revi- retary of the Senate, transmitting, pursuant declarations: sion (2002–2006) to the United States to law, the report of the receipts and expend- (1) NOT SELF-EXECUTING.—The United itures of the Senate for the period April 1, States declares that the Protocol is not self- Arctic Research Plan. 2001 through September 30, 2001; ordered to executing. GEORGE W. BUSH. lie on the table. (2) TIME LIMIT FOR REFUSAL NOTIFICATION.— THE WHITE HOUSE, November 15, 2001. EC–4577. A communication from the Gen- Pursuant to Article 5(2)(b) of the Protocol, f eral Counsel, National Science Foundation, the United States declares that, for inter- transmitting, pursuant to law, the report of national registrations made under the Pro- MESSAGE FROM THE HOUSE a rule entitled ‘‘Amendments to Antarctic tocol, the time limit referred to in subpara- At 5:32 p.m., a message from the Conservation Act Regulations (45 CFR Part graph (a) of Article 5(2) is replaced by 18 House of Representatives, delivered by 670) to designate two additional Antarctic months. The declaration in this paragraph Mr. Hays, one of its reading clerks, an- Specially Protected Areas and Correct Typo- shall be included in the United States instru- graphical Errors’’ received on November 8, nounced that the House has passed the ment of accession. 2001; to the Committee on Environment and (3) NOTIFYING REFUSAL OF PROTECTION.— following joint resolution, in which it Public Works. Pursuant to Article 5(2)(c) of the Protocol, requests the concurrence of the Senate: the United States declares that, when a re- f H.J. Res. 74. A joint resolution making fur- fusal of protection may result from an oppo- ther continuing appropriations for the fiscal REPORTS OF COMMITTEES sition to the granting of protection, such re- year 2002, and for other purposes. fusal may be notified to the International The following reports of committees Bureau after the expiry of the 18-month time The message also announced that the were submitted: House has agreed to the following con- limit. The declaration in this paragraph By Mr. LIEBERMAN, from the Committee shall be included in the United States instru- current resolutions, in which it re- on Governmental Affairs, with amendments: ment of accession. quests the concurrence of the Senate: S. 1008: A bill to amend the Energy Policy (4) FEES.—Pursuant to Article 8(7)(a) of the H. Con. Res. 211. Concurrent resolution Act of 1992 to develop the United States Cli- Protocol, the United States declares that, in commending Daw Aung San Suu Kyi on the mate Change Response Strategy with the connection with each international registra- 10th anniversary of her receiving the Nobel goal of stabilization of greenhouse gas con- tion in which it is mentioned under Article 3 Peace Prize and expressing the sense of the centrations in the atmosphere at a level that of the Protocol, and in connection with each Congress with respect to the Government of would prevent dangerous anthropogenic in- renewal of any such international registra- Burma. terference with the climate system, while tion, the United States chooses to receive, H. Con. Res. 257. Concurrent resolution ex- minimizing adverse short-term and long- instead of a share in revenue produced by the pressing the sense of the Congress that the term economic and social impacts, aligning supplementary and complementary fees, an

VerDate Mar 15 2010 03:29 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S11940 CONGRESSIONAL RECORD — SENATE November 15, 2001 individual fee the amount of which shall be ject to income or employment taxes; to the gun owner privacy and ownership the current application or renewal fee Committee on Finance. rights, and for other purposes. charged by the United States Patent and By Mr. CAMPBELL: Trademark Office to a domestic applicant or S. 1711. A bill to designate the James Peak S. 990 registrant of such a mark. The declaration in Wilderness and the James Peak Protection At the request of Mr. SMITH of New this paragraph shall be included in the Area in the State of Colorado, and for other Hampshire, the name of the Senator United States instrument of accession. purposes; to the Committee on Energy and from Montana (Mr. BAUCUS) was added SEC. 4. CONDITIONS. Natural Resources. as a cosponsor of S. 990, a bill to amend The advice and consent of the Senate By Mr. GRASSLEY (for himself, Mr. the Pittman-Robertson Wildlife Res- KOHL, Mr. HATCH, Mr. CARPER, Mr. under section 1 is subject to the following toration Act to improve the provisions THURMOND, Mr. CHAFEE, and Mr. conditions: relating to wildlife conservation and (1) TREATY INTERPRETATION.—The Senate SPECTER): reaffirms condition (8) of the resolution of S. 1712. A bill to amend the procedures that restoration programs, and for other ratification of the Document Agreed Among apply to consideration of interstate class ac- purposes. the States Parties to the Treaty on Conven- tions to assure fairer outcomes for class S. 1022 tional Armed Forces in Europe (CFE) of No- members and defendants, and for other pur- poses; to the Committee on the Judiciary. At the request of Mr. WARNER, the vember 19, 1990 (adopted at Vienna on May name of the Senator from New Jersey 31, 1996), approved by the Senate on May 14, By Mr. STEVENS: 1997 (relating to condition (1) of the resolu- S. 1713. A bill to amend title 39, United (Mr. TORRICELLI) was added as a co- tion of ratification of the INF Treaty, ap- States Code, to direct the Postal Service to sponsor of S. 1022, a bill to amend the proved by the Senate on May 27, 1988). adhere to an equitable tender policy in se- Internal Revenue Code of 1986 to allow (2) NOTIFICATION OF THE SENATE OF CERTAIN lecting air carriers of non-priority bypass Federal civilian and military retirees mail to certain points in the State of Alaska, EUROPEAN COMMUNITY VOTES.—The President to pay health insurance premiums on a shall notify the Senate not later than 15 days and for other purposes; to the Committee on Governmental Affairs. pretax basis and to allow a deduction after any nonconsensus vote of the European for TRICARE supplemental premiums. Community, its member states, and the By Mr. MCCONNELL: United States within the Assembly of the S. 1714. A bill to provide for the installa- S. 1140 tion of a plaque to honor Dr. James Harvey Madrid Union in which the total number of At the request of Mr. HATCH, the votes cast by the European Community and Early in the Williamsburg, Kentucky Post Office Building; to the Committee on Gov- name of the Senator from Missouri its member states exceeded the number of (Mr. BOND) was added as a cosponsor of member states of the European Community. ernmental Affairs. By Mr. FRIST (for himself, Mr. KEN- S. 1140, a bill to amend chapter 1 of f NEDY, Mr. ALLEN, Mr. DASCHLE, Mr. title 9, United States Code, to provide INTRODUCTION OF BILLS AND BOND, Mr. AKAKA, Mr. CHAFEE, Mr. for greater fairness in the arbitration JOINT RESOLUTIONS BAYH, Ms. COLLINS, Mr. BIDEN, Mr. process relating to motor vehicle fran- DOMENICI, Mr. BREAUX, Mr. DEWINE, chise contracts. The following bills and joint resolu- Mrs. CARNAHAN, Mr. HAGEL, Mr. S. 1163 tions were introduced, read the first CLELAND, Mr. HUTCHINSON, Mrs. CLIN- and second times by unanimous con- TON, Mrs. HUTCHISON, Mr. CORZINE, At the request of Mr. CORZINE, the sent, and referred as indicated: Mr. ROBERTS, Mr. DODD, Ms. SNOWE, name of the Senator from Nevada (Mr. URBIN, Mr. VOINOVICH, Mr. By Mr. BOND: Mr. D ENSIGN) was added as a cosponsor of S. S. 1705. A bill to amend the Public Health EDWARDS, Mr. WARNER, Mrs. FEIN- 1163, a bill to increase the mortgage Service Act to provide for the establishment STEIN, Mr. HARKIN, Mr. JEFFORDS, Mr. loan limits under the National Housing JOHNSON, Mr. LEAHY, Mr. LIEBERMAN, of a homeland security academic centers for Act for multifamily housing mortgage Ms. MIKULSKI, Mrs. MURRAY, Mr. public health preparedness network; to the insurance. Committee on Health, Education, Labor, and NELSON of Florida, Mr. REED, Mr. Pensions. ROCKEFELLER, Mr. SARBANES, and Mr. S. 1248 By Mr. HARKIN: TORRICELLI): At the request of Ms. MIKULSKI, her S. 1715. A bill to improve the ability of the S. 1706. A bill to provide for the enhanced name was added as a cosponsor of S. United States to prepare for and respond to control of biological agents and toxins; to a biological threat or attack; to the Com- 1248, a bill to establish a National the Committee on Health, Education, Labor, mittee on Health, Education, Labor, and Housing Trust Fund in the Treasury of and Pensions. Pensions. the United States to provide for the de- By Mr. JEFFORDS (for himself, Mr. By Mr. KERRY (for himself, Mr. STE- velopment of decent, safe, and afford- BREAUX, Mr. KYL, Mr. KERRY, Mr. VENS, Mr. HOLLINGS, Mr. INOUYE, and BINGAMAN, Mr. SMITH of Oregon, Mr. able, housing for low-income families, Mr. AKAKA): FRIST, Mr. WARNER, Mr. HELMS, Mr. and for other purposes. S. 1716. A bill to speed national action to HARKIN, Ms. COLLINS, Mr. SHELBY, address global climate change, and for other S. 1324 Ms. SNOWE, and Mrs. MURRAY): purposes; to the Committee on Commerce, At the request of Mr. LIEBERMAN, the S. 1707. A bill to amend title XVIII of the Science, and Transportation. Social Security Act to specify the update for name of the Senator from California payments under the medicare physician fee f (Mrs. BOXER) was added as a cosponsor of S. 1324, a bill to provide relief from schedule for 2002 and to direct the Medicare SUBMISSION OF CONCURRENT AND the alternative minimum tax with re- Payment Advisory Commission to conduct a SENATE RESOLUTIONS study on replacing the use of the sustainable spect to incentive stock options exer- growth rate as a factor in determining such The following concurrent resolutions cised during 2000. update in subsequent years; to the Com- and Senate resolutions were read, and S. 1434 mittee on Finance. referred (or acted upon), as indicated: By Mr. MCCONNELL (for himself and At the request of Mr. SPECTER, the By Mr. DASCHLE (for himself and Mr. Ms. LANDRIEU): names of the Senator from Delaware LOTT): S. 1708. A bill to amend the Robert T. Staf- S. Res. 181. A resolution to authorize testi- (Mr. CARPER), the Senator from Wyo- ford Disaster Relief and Emergency Assist- mony, document production, and legal rep- ming (Mr. ENZI), the Senator from Ar- ance Act to ensure the continuity of medical resentation in State of Idaho v. Joseph Dan- kansas (Mr. HUTCHINSON), the Senator care following a major disaster by making iel Hooper; considered and agreed to. from Arkansas (Mrs. LINCOLN), the Sen- private for-profit medical facilities eligible By Mr. SCHUMER (for himself and for Federal disaster assistance; to the Com- ator from Kentucky (Mr. MCCONNELL), Mrs. CLINTON): the Senator from Kansas (Mr. ROB- mittee on Environment and Public Works. S. Con. Res. 84. A concurrent resolution ERTS), the Senator from Pennsylvania By Mr. SMITH of New Hampshire (for providing for a joint session of Congress to himself and Mrs. FEINSTEIN): be held in New York City, New York; to the (Mr. SANTORUM), and the Senator from S. 1709. A bill to amend the Internal Rev- Committee on Rules and Administration. Tennessee (Mr. THOMPSON) were added enue Code of 1986 to provide incentives to in- as cosponsors of S. 1434, a bill to au- troduce new technologies to reduce energy ADDITIONAL COSPONSORS thorize the President to award post- consumption in buildings; to the Committee S. 906 humously the Congressional Gold on Finance. By Mr. SMITH of New Hampshire: At the request of Mr. ENZI, the name Medal to the passengers and crew of S. 1710. A bill to amend the Internal Rev- of the Senator from Nevada (Mr. EN- United Airlines flight 93 in the after- enue Code of 1986 to provide that tips re- SIGN) was added as a cosponsor of S. math of the terrorist attack on the ceived for certain services shall not be sub- 906, a bill to provide for protection of United States on September 11, 2001.

VerDate Mar 15 2010 03:29 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY November 15, 2001 CONGRESSIONAL RECORD — SENATE S11941 S. 1503 S. 1705. A bill to amend the Public necessary skills and knowledge base to At the request of Mr. ROCKEFELLER, Health Service Act to provide for the meet the needs of the emerging public- the name of the Senator from Massa- establishment of a homeland security health system and public-health chusetts (Mr. KERRY) was added as a academic centers for public health pre- threats. These statistics highlight the cosponsor of S. 1503 , a bill to extend paredness network; to the Committee critical need to provide these profes- and amend the Promoting Safe and on Health, Education, Labor, and Pen- sionals with the most up-to-date train- Stable Families Program under sub- sions. ing, technology, and tools necessary to part 2 of part B of title IV of the Social Mr. BOND. Mr. President, I rise meet the increasing demands and Security Act, to provide the Secretary today to introduce a bill I call the emerging needs. of Health and Human Services with ‘‘The Homefront Medical Preparedness An important first step has already new authority to support programs Act.’’ been taken. The Centers for Disease mentoring children of incarcerated In the past century we have wit- Control has created Centers for Public parents, to amend the Foster Care nessed unprecedented advances in Health Preparedness across the coun- Independent Living Program under science, technology and medicine and try. There are currently 14 centers part E of title IV of the Social Security have seen limitless potential to im- total: 7 Academic Centers, 4 Speciality Act to provide for educational and prove the human condition, cure dis- Centers, and 3 Local Exemplar Centers. training vouchers for youths aging out ease, and advance human health in The Academic Centers link schools of of foster care, and for other purposes. ways that were once unimaginable. public health, State and local-health Yet, at the same time we have seen S. 1562 agencies and other academic and com- some of these very advances have munity health partners to foster indi- At the request of Mr. SANTORUM, the spawned new threats, threats that were vidual preparedness on the front line. name of the Senator from Utah (Mr. simply inconceivable 100 years ago. The The Speciality Centers focus on a HATCH) was added as a cosponsor of S. recent outbreaks of anthrax in Florida, topic, professional discipline, core pub- 1562, a bill to amend title 39, United New York City, and Washington, DC, lic-health competency, practice setting States Code, with respect to coopera- coupled with the terrorist attack of or application of learning technology. tive mailings. September 11 have brought to light the And finally, the Local Exemplar Cen- S. 1571 compelling need to properly prepare ters develop advanced applications at At the request of Mr. LUGAR, the our communities for the threat of bio- the community level in three areas of names of the Senator from New Jersey terrorists attacks. key importance to preparedness for (Mr. TORRICELLI) and the Senator from A strong public-health infrastructure bioterrorism and other urgent health Rhode Island (Mr. CHAFEE) were added is the best defense against any bioter- threats: integrated communications as cosponsors of S. 1571, a bill to pro- rorism attack. As a Nation we remain and information systems across mul- vide for the continuation of agricul- highly vulnerable, not because we are tiple sectors; advanced operational tural programs through fiscal year unprepared, but because we are under- readiness assessment; and comprehen- 2006. prepared. The Department of Health sive training and evaluation. S. 1593 and Human Services has made tremen- In Missouri we are fortunate to have At the request of Mr. JEFFORDS, the dous advances over the past few years. not one, but two centers in St. Louis at name of the Senator from New Mexico However, while significant progress has St. Louis University School of Public (Mr. BINGAMAN) was added as a cospon- been made, there are still large gaps in Health: an Academic Center the Heart- sor of S. 1593, a bill to authorize the our current approach. Our goal must be land Center for Public Health Pre- Administrator of the Environmental to eliminate these gaps and reduce the paredness as well as a Speciality Cen- Protection Agency to establish a grant risk to our Nation and our commu- ter The Center for the Study of Bioter- program to support research projects nities. As a nation, we must prepare rorism and Emerging Threats. The on critical infrastructure protection our communities, and improve our ca- School of Public Health at St. Louis for water supply systems, and for other pacity to respond. Central to an effec- University has clearly been on the fore- purposes. tive response to a bioterrorist attack front of this issue. I was honored to S. 1643 are detection, treatment and contain- have secured Federal appropriations At the request of Mrs. MURRAY, the ment of a disease epidemic and our Na- dollars necessary for startup costs for name of the Senator from Pennsyl- tion’s public-health system is on the the Center for the Study of Bioter- vania (Mr. SPECTER) was added as a co- front line in this effort. rorism, the only specialty center with sponsor of S. 1643, a bill to provide Fed- The Nation’s public health system is a primary focus on bioterrorism in the eral reimbursement to State and local a complex network of people, systems, country. The center provides public- governments for a limited sales, use and organizations working at the local, healthcare providers and healthcare fa- and retailers’ occupation tax holiday. State and national levels. The Nation cilities with the tools needed for pre- is served by more then 3,000 county and paredness, response, recovery, and S. 1646 city health departments, more than mitigation of intentional or naturally At the request of Mr. BINGAMAN, the 3,000 local boards of health, 59 State occurring outbreaks. Under the leader- name of the Senator from Oklahoma and territorial-health departments, ship of Dr. Evans, the center has devel- (Mr. INHOFE) was added as a cosponsor tribal-health departments more than oped training curriculum that is being of S. 1646, a bill to identify certain 160,000 public and private laboratories. used nationwide to train healthcare routes in the States of Texas, Okla- Current estimates suggest that the providers and public-health depart- homa, Colorado, and New Mexico as public-health workforce includes ments. In fact, the center’s training part of the Ports-to-Plains Corridor, a 500,000 professionals employed at the materials were used by the CDC to high priority corridor on the National local, State and national levels. Ac- train emergency health personal, Highway System. cording to the Health Resource and healthcare providers and other public- S. CON. RES. 44 Services Administration in 1989 only 44 health workers in New York to respond At the request of Mr. STEVENS, the percent of these 500,000 workers had to the September 11 attack. name of the Senator from Hawaii (Mr. formal, academic training in public But more can and must be done. INOUYE) was added as a cosponsor of S. health and those with graduate public Today I introduced legislation which Con. Res. 44, a concurrent resolution health degrees were an even smaller will expand the national network of expressing the sense of the Congress re- fraction. As of 1997, 78 percent of local Centers of Public Health Preparedness garding National Pearl Harbor Remem- health departments executives did not by adding new centers across the coun- brance Day. have graduate degrees in public health. try as well as funneling more valuable f Changes on the public health system resources to existing centers to meet have brought new demands on the urgent, public-health training needs. STATEMENTS ON INTRODUCED workforce and identified a need for ad- This bill will authorize $50 million and BILLS AND JOINT RESOLUTIONS ditional training and education. Many would instruct the Director of the Cen- By Mr. BOND: public-health workers do not have the ters for Disease Control to establish a

VerDate Mar 15 2010 03:29 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S11942 CONGRESSIONAL RECORD — SENATE November 15, 2001 national network of Centers for Public the letterhead and the lab he claimed for possession, use, and transfer of se- Health Preparedness utilizing the ex- to be from. In fact he was a member of lect agents and toxins. The registra- isting Centers for Public Health Pre- a white supremacist group who would tion would include known characteriza- paredness Program to train and to pre- later tell of plans to kill hundreds of tion of the agents, such as the strains, pare the national public-health work- thousands of Americans with the in order to facilitate their traceability. force, healthcare providers and the plague. But when he was arrested with The Department would be required to general public to respond to bioter- the vials, he was only charged with maintain a database of locations and rorist threats. mail fraud for misrepresenting himself. characterizations of the agents using Each center, housed at an accredited No Federal license, registration, or the registration information. school of public health will 1. provide even notification was required to ob- Third, the regulations would also training and education to local and tain, own, or work with the plague. have to include safeguards and security state health department staff, emer- Partly as a result of this incident, standards, as well as safety standards. gency first responders, and primary Congress in 1996 passed provisions in Labs would be required to restrict ac- and acute care providers on the best the Antiterrorism and Effective Death cess to the agents to people who need practices necessary to protect against, Penalty Act to close the specific loop- to handle them. And a process would be and respond to the array of potential hole. This bill required the Secretary set up to screen people who do have ac- threats facing the American public, in- of Health and Human Services to regu- cess to the agents. cluding bioterrorism, infectious disease late transfer of a select list of biologi- Fourth, the bill requires that any ex- and weapons of mass destruction; 2. cal agents. But it did not regulate pos- emptions from these regulations be provide information to healthcare [pro- session or use of the agents. The subse- consistent with public health and safe- viders and other components of the quent regulations incorporated safety ty. Any exemptions from registration healthcare industry to protect against standards for labs receiving these requirements would have to still allow and respond to the threat of bioter- agents, but set virtually no security a complete database of agents of con- rorism, infectious disease and weapons standards to make sure these agents cern, but exemptions could be allowed of mass destruction; and 3. provide in- don’t end in the wrong hands. They either for a lab that only temporarily formation and education on relevant carved out broad exemptions, including possesses the agent or for samples that bioterrorist threats to the public. all certified clinical laboratories. And could not be useful for making a weap- Under my legislation each center, they included little means of enforce- on. These exemptions are intended to both new and existing, will receive at ment. avoid an unnecessary burden on thou- least $1 million per year, but may re- I think most Americans would be sands of clinical labs that receive diag- ceive additional sums per year if the shocked to learn that we still have no nostic samples for testing and, if the CDC deems additional resources are idea who has anthrax, plague, or other test is positive for a select agent, necessary to carry out regional or na- biological agents in their freezer. Labs quickly pass the sample on to a govern- tional training activities at a par- have had to register only if they have ment lab or destroy it. Fifth, the bill includes strong en- ticular center. sent or received one of the agents since forcement measures. The bill specifi- I believe that our schools of pubic 1996. We know the recent attacks with cally authorizes inspections to ensure health across the country, working in anthrax used the so-called ‘‘Ames’’ compliance. To give teeth to the en- conjunction with the CDC can provide strain of anthrax, which was identified forcement, it enacts a civil penalty for training and education to local and at Iowa State University some decades violating the regulations of up to State health department staff, emer- ago, but we don’t know how many labs $250,000 for an individual of $500,000 for in the United States have samples of gency first responders, and primary a group. And it enacts a criminal pen- this strain today. If we had that infor- and acute-care providers on the best alty up to 5 years in prison for posses- mation before the next attack, espe- practices necessary to protect against, sion or transfer of select agents by cially if a less common agent or strain identify and respond to the wide array someone who is not registered, and also of potential threats facing the Amer- were used, it could be the starting for transfer to a person who is not reg- ican public, including bioterrorism, in- point for the next investigation. istered. fectious disease and weapons of mass We can and we must do better. We In addition, the bill exempts infor- destruction. The capacity and com- have long had relatively tight controls mation about specific labs from disclo- petency of our healthcare workforce is on materials that can be used in nu- sure under the Freedom of Information a critical component of the basic pub- clear weapons. You must have a license Act to prevent one-stop-shopping for lic-health infrastructure necessary to from the NRC or an agreement state to information by would-be bioterrorists. protect our communities. As with our possess these nuclear materials. There It requires biennial review of the list of military, our public-health system are strict safety and security require- biological agents and toxins of concern. must be prepared at all times to ward ments on the licensees, and a small And it codifies the law in Public Health off threats and respond to crises. Our army of inspectors to make sure they Service Act, maintains current regula- national public-health infrastructure is comply. Licensees must report all ship- tions until the Secretary issues new the first and in some cases the only ments and receipts, and report any ones, and sets a deadline for the reg- line of defense. Like our military, our losses from their inventory of a gram istration and associated penalties. public-health system must be at a con- or more of the most dangerous mate- I have been working with several of stant state of readiness nationwide and rials. Bioweapons have been called ‘‘the my colleagues on a $4 billion package this legislation will enable our public poor man’s nuclear bomb’’ because to strengthen our response to a pos- health system to better achieve this they could cause similar devastation, sible bioterrorism attack, so that we goal. If the public-health system is but are easier and cheaper to obtain. can stop a terrible attack from becom- fully prepared then communities across It’s time we place reasonable controls ing a national or world calamity. We the country will be better protected. on biological agents too. need these funds to strengthen the pub- That is why I am introducing the lic health infrastructure, monitor food By Mr. HARKIN: Bioweapons Control and Tracking Act safety, and build our capacity for vac- S. 1706. A bill to provide for the en- of 2001. This bill would for the first cinations. But for just a few millions hanced control of biological agents and time impose five important controls on dollars we may be able to prevent an toxins; to the Committee on Health, dangerous biological agents and toxins attack, to stop bioterrorists before Education, Labor, and Pensions. to reduce the risk of an accident or ter- they even get hold of the necessary Mr. HARKIN. Mr. President, in May rorist attack. First, the bill would di- agents. We must no delay. 1995, Larry Wayne Harris of Ohio or- rect the Secretary of Health and dered three vials of the bacterium that Human Services to regulate the posses- By Mr. MCCONNELL (for himself causes bubonic plague to be FedEx’ed sion and use of select biological agents and Ms. LANDRIEU): from a company in Rockville, MD. At as well as their transfer. S. 1708. A bill to amend the Robert T. the time, all he needed was a credit Second, the regulations would re- Stafford Disaster Relief and Emer- card and letterhead. He invented both quire registration with the Department gency Assistance Act to ensure the

VerDate Mar 15 2010 03:29 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY November 15, 2001 CONGRESSIONAL RECORD — SENATE S11943 continuity of medical care following a ship, these publicly owned hospitals (b) CLARIFICATION OF ELIGIBILITY OF MED- major disaster by making private for- are not eligible for Federal disaster ICAL FACILITIES FOR EMERGENCY PREPARED- profit medical facilities eligible for mitigation or recovery assistance. NESS ASSISTANCE.— (1) DEFINITION OF EMERGENCY PREPARED- Federal disaster assistance; to the Hospitals are critical community re- NESS.—Section 602(a)(3)(A) of the Robert T. Committee on Environment and Public sources which must be able to provide Stafford Disaster Relief and Emergency As- Works. services in an emergency, regardless of sistance Act (42 U.S.C. 5195a(a)(3)(A)) is Mr. MCCONNELL. Mr. President, I their ownership or management struc- amended by inserting ‘‘the preparation of rise today to introduce the Parity in ture. That is why I am proud to intro- private nonprofit and for-profit medical fa- Emergency Preparedness and Response duce the Parity in Emergency Pre- cilities (including hospitals and long-term Act of 2001. The horrific attacks of Sep- paredness and Response Act with my care facilities) to withstand major disas- ters,’’ after ‘‘control centers,’’. tember 11 and subsequent anthrax ex- colleague from Louisiana, Ms. LAN- (2) FUNCTIONS OF FEMA.—Section 611(j)(1) of posures have focused our attention on DRIEU. This legislation would eliminate the Robert T. Stafford Disaster Relief and the need to prepare and respond to the disparity which exists between Emergency Assistance Act (42 U.S.C. emergencies, whether they result from nonprofit and investor-owned hospitals 5196(j)(1)) is amended in the first sentence by acts of nature or the misdeeds of man. and allow all eligible hospitals to apply inserting before the period at the end the fol- The legislation I introduce today will for disaster mitigation and recovery lowing: ‘‘(including the preparation of pri- correct a provision in current law that funds. Our bill does not create an enti- vate nonprofit and for-profit medical facili- prevents many hospitals from working tlement for hospitals that are owned or ties (including hospitals and long-term care facilities) to withstand major disasters)’’. with the Federal Government to pre- operated by private companies. The (c) DEFINITION OF LONG-TERM CARE FACIL- vent and respond to disasters. When Stafford Act is clear in stating the ITY.—Section 102 of the Robert T. Stafford tragedy strikes, the most important President ‘‘may make contributions’’ Disaster Relief and Emergency Assistance consideration shouldn’t be a hospital’s to help damaged hospitals respond to Act (42 U.S.C. 5122) is amended by adding at tax status, but rather its ability to and recover from an emergency, and the end the following: care for the injured. this legislation does nothing to dimin- ‘‘(10) LONG-TERM CARE FACILITY.—‘Long- In 1974, Congress enacted the Robert term care facility’ means— ish the President’s discretion in this ‘‘(A) any skilled nursing facility (as de- T. Stafford Disaster Relief and Emer- regard. fined in section 1819(a) of the Social Security gency Assistance Act, commonly re- Since September 11, 2001, the need to Act (42 U.S.C. 1395i–3(a)); ferred to as the Stafford Act. This im- ensure that our Nation’s public health ‘‘(B) any nursing facility (as defined in sec- portant legislation helps States and infrastructure is capable of responding tion 1919(a) of that Act (42 U.S.C. 1396r(a)); communities plan for emergencies and to unanticipated emergencies has re- and take steps to minimize the damage in- ceived renewed attention in Congress. ‘‘(C) any other long-term care facility, flicted by a potential disaster. Once a In fact, the Senate will soon consider such as an intermediate care facility for the mentally retarded.’’. disaster strikes, the Stafford Act au- comprehensive legislation to address thorizes the President to provide com- the growing threat of bioterrorism and ELIGIBLE HOSPITALS Bluegrass Community munities the resources they need to re- protect the safety of our food supply. Hospital, Versailles, KY; Bourbon Commu- spond quickly and recover completely. While I strongly support the intent of nity Hospital, Paris, KY; FHC Cumberland While the Stafford Act has helped this legislation, it will be woefully in- Hall, Hopkinsville, KY; Frankfort Regional countless communities respond to dis- complete if it does not allow all hos- Medical Center, Frankfort, KY; Gateway Re- asters, it has one glaring shortcoming, habilitation Hospital, Florence, KY; Gate- pitals, including investor-owned hos- way Rehabilitation Hospital at Norton it prohibits the President and Federal pitals, to apply for disaster assistance. Healthcare Pavilion, Louisville, KY; George- Emergency Management Agency, Hospitals play a vital role in respond- town Community Hospital, Georgetown, KY; FEMA, from offering assistance to hos- ing to emergencies, regardless of their Greenview Regional Hospital, Bowling pitals that are owned or managed by management structure. I look forward Green, KY; HEALTHSOUTH Rehabilitation private companies. As a result, there to working with Ms. LANDRIEU and our Hospital of Central Kentucky, Elizabeth- are 36 hospitals in my home State of colleagues in the Senate to pass this town, KY; HEALTHSOUTH Rehabilitation Kentucky which are ineligible to re- legislation and ensure that all of Amer- Hospital of Northern Kentucky, Edgewood, ceive Federal disaster mitigation and KY; Jackson Purchase Medical Center, ica’s hospitals are prepared to respond Mayfield, KY; Jenkins Community Hospital, recovery funds. to disasters. Jenkins, KY; Kentucky River Medical Cen- I find it incomprehensible that the I ask unanimous consent that a list ter, Jackson, KY; Kindred Hospital-Louis- Federal Government would deny need- of hospitals which would become eligi- ville, Louisville, KY; Lake Cumberland Re- ed disaster assistance to a county hos- ble for disaster assistance under my gional Hospital, Somerset, KY; Lincoln Trail pital, simply because of its ownership, legislation be printed in the RECORD, Behavioral Health System, Radcliff, KY; management structure, or tax status. and I ask unanimous consent the text Logan Memorial Hospital, Russellville, KY; Meadowview Regional Medical Center, Is a tornado any less devastating in of the bill be printed in the RECORD. one community than another, simply Maysville, KY; Mediplex Rehab-Bowling There being no objection, the mate- Green, Bowling Green, KY; Paul B. Hall Re- because of a local hospital’s tax status? rial was ordered to be printed in the gional Medical Center, Paintsville, KY; Are they any less deserving of the Fed- RECORD, as follows: Ridge Behavioral Health System, Lexington, eral Government’s support? I think S. 1708 KY; Rivendell Behavioral Health Services, not. Be it enacted by the Senate and House of Rep- Bowling Green, KY; Samaritan Hospital, What I find most troubling about this resentatives of the United States of America in Lexington, KY; Ten Broeck Hospital, Louis- disparity is that it disproportionately Congress assembled, ville, KY; Ten Broeck Hospital DuPont, Lou- affects rural communities, whose hos- SECTION 1. SHORT TITLE. isville, KY; Three Rivers Medical Center, pitals are frequently owned by the This Act may be cited as the ‘‘Parity in Louisa, KY; Caldwell County Hospitals, community but operated by private Emergency Preparedness and Response Act Princeton, KY; Crittenden Health System, of 2001’’. West Marion, KY; Cumberland County Hos- companies. Many small towns and pital, Burkesville, KY; Fleming County Hos- rural counties prefer this sort of rela- SEC. 2. ELIGIBILITY OF PRIVATE FOR-PROFIT MEDICAL FACILITIES FOR FEDERAL pital, Flemingsburg, KY; Jennie Stuart Med- tionship because it allows them to en- DISASTER ASSISTANCE. ical Center, Hopkinsville, KY; Marshall sure their citizens have access to need- (a) ELIGIBILITY OF PRIVATE FOR-PROFIT County Hospital, Benton, KY; Monroe Coun- ed health care services, while relieving MEDICAL FACILITIES FOR ASSISTANCE AVAIL- ty Medical Center, Tompkinsville, KY; Muh- themselves of the burdens of operating ABLE TO PRIVATE NONPROFIT FACILITIES.— lenberg Community Hospital, Greenville, a modern hospital. In the rural Ken- Section 102(9) of the Robert T. Stafford Dis- KY; Ohio County Hospital, Hartford, KY; and tucky communities of Caldwell, Cum- aster Relief and Emergency Assistance Act Pineville Community Hospital, Pineville, KY. berland, Crittenden, Fleming, Mar- (42 U.S.C. 5122(9)) is amended— shall, Monroe, Ohio and Bell Counties, (1) by striking ‘‘and facilities’’ and insert- ing ‘‘facilities’’; and By Mr. CAMPBELL: the community owns the hospital but (2) by inserting before the period at the end S. 1711. A bill to designate the James contracts with a private management the following: ‘‘, and private for-profit med- Peak Wilderness and the James Peak firm to direct the hospital’s day to day ical facilities (including hospitals and long- Protection Area in the State of Colo- operations. As a result of this relation- term care facilities)’’. rado, and for other purposes; to the

VerDate Mar 15 2010 03:29 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S11944 CONGRESSIONAL RECORD — SENATE November 15, 2001 Committee on Energy and Natural Re- (2) FOREST SUPERVISOR.—The term ‘‘Forest (4) AVAILABILITY.—Copies of the maps and sources. Supervisor’’ means the Forest Supervisor of legal descriptions shall be on file and avail- Mr. CAMPBELL. Mr. President, the Arapaho National Forest and Roosevelt able for public inspection in— today I introduce the ‘‘James Peak National Forest. (A) the office of the Chief of the Forest (3) MANAGEMENT PLAN.—The term ‘‘man- Service; and Wilderness and Protection Area Act.’’ agement plan’’ means the 1997 Revision of (B) the office of the Forest Supervisor. This language is the product of years of the Land and Resource Management Plan for SEC. 4. DESIGNATION OF JAMES PEAK PROTEC- detailed negotiations regarding an area the Arapaho and Roosevelt National Forests TION AREA. of great majesty in my home State of and the Pawnee National Grasslands. (a) FINDINGS AND PURPOSE.— Colorado. (4) PROTECTION AREA.—The term ‘‘Protec- (1) FINDINGS.—Congress finds that— When discussing public lands issues, tion Area’’ means the James Peak Protec- (A) the Protection Area includes important the potential uses for land are as var- tion Area designated by section 4(b). resources and values, including wildlife habi- (5) SECRETARY.—The term ‘‘Secretary’’ tat, clean water, open space, and opportuni- ied and numerous as the diverse groups ties for solitude; of users. Oftentimes, one camp is pitted means the Secretary of Agriculture. (6) SPECIAL INTEREST AREA.—The term (B) the Protection Area includes areas that against another, each convinced that ‘‘special interest area’’ means the land in the are suitable for recreational uses, including its view is right to the point that it Protection Area that is bounded— the use of snowmobiles and other motorized necessarily excludes the other inter- (A) on the north by Rollins Pass Road; and nonmotorized vehicles; and ested party. And the result is that (B) on the east by the Continental Divide; (C) the Protection Area should be managed nothing viable happens. No land is pro- and in a way that protects the resources and val- tected and no uses of land are pre- (C) on the west by the 11,300-foot elevation ues of the Protection Area while permitting contour, as depicted on the map entitled continued recreational uses, subject to ap- served. Instead, we read of angry ex- propriate regulations. changes, that if it were not for one side ‘‘Proposed James Peak Protection Area’’, dated September 2001. (2) PURPOSE.—The purpose of this section being so stubborn in its view, then we (7) STATE.—The term ‘‘State’’ means the is to provide for management of certain land would have had a bill, while ignoring State of Colorado. in the Arapaho National Forest and Roo- their own immobile position. sevelt National Forest in a manner that— This bill, I am very proud to say, is SEC. 3. WILDERNESS DESIGNATION. (A) is consistent with the management different from the all-too-common dis- (a) JAMES PEAK WILDERNESS.—Section 2(a) plan; and course that I described. of the Colorado Wilderness Act of 1993 (Pub- (B) protects the natural qualities of the lic Law 103–77; 107 Stat. 756) is amended by This bill stands as a testament to land. adding at the end the following: (b) DESIGNATION.—The approximately 16,000 what can be achieved when interested ‘‘(20) JAMES PEAK WILDERNESS.—Certain acres of land in the Arapaho National Forest parties stop for a moment and listen to land in the Arapaho National Forest and and Roosevelt National Forest generally de- each other. I would like to take this Roosevelt National Forest comprising ap- picted on the map entitled ‘‘Proposed James moment to commend the work of my proximately 14,000 acres, as generally de- Peak Protection Area’’, dated September friends in the House, Representatives picted on the map entitled ‘Proposed James 2001, is designated as the ‘‘James Peak Pro- tection Area’’. UDALL and MCINNIS for their efforts on Peak Wilderness’, dated September 2001, and (c) MAP AND LEGAL DESCRIPTION.— this issue. which shall be known as the ‘James Peak Wilderness’.’’. (1) IN GENERAL.—As soon as practicable The ‘‘James Peak Wilderness and after the date of enactment of this Act, the (b) ADDITION TO THE INDIAN PEAKS WILDER- Protection Area Act’’ respects the di- Secretary shall submit to the Committee on NESS AREA.—Section 3 of the Indian Peaks verse uses of Colorado’s lands and rec- Resources of the House of Representatives Wilderness Area, the Arapaho National and the Committee on Energy and Natural ognizes those differences accordingly. Recreation Area and the Oregon Islands Wil- Resources of the Senate a map and legal de- This bill designates about 14,000 acres derness Area Act (Public Law 95–450; 92 Stat. scription of the Protection Area. in Boulder, Clear Creek, and Gilpin 1095) is amended by adding at the end the fol- (2) EFFECT.—The map and legal description Counties as Wilderness, and enlarges lowing: shall have the same force and effect as if in- the existing Indian Peaks Wilderness ‘‘(c) ADDITIONAL LAND.—In addition to the cluded in this Act. by an additional 3,195 acres. Further, land described in subsection (a), the Indian (3) CORRECTIONS.—The Secretary may cor- this carefully balanced approach des- Peaks Wilderness Area shall include— rect clerical and typographical errors in the ignates 16,000 acres of national forest ‘‘(1) the approximately 2,232 acres of Fed- map and legal description. land as the ‘‘James Peak Protection eral land in the Arapaho National Forest and (4) AVAILABILITY.—The map and legal de- Roosevelt National Forest, as generally de- Area.’’ The Protection Area in Grand scription shall be on file and available for picted on the map entitled ‘Ranch Creek Ad- public inspection in— County would disallow development of dition to Indian Peaks Wilderness’, dated the land, but would permit recreational (A) the office of the Chief of the Forest September 2001; and Service; and use for the public’s continued enjoy- ‘‘(2) the approximately 963 acres of Federal (B) the office of the Forest Supervisor. ment. land in the Arapaho National Forest and (d) MANAGEMENT.— I am pleased with the careful com- Roosevelt National Forest, as generally de- (1) IN GENERAL.—Except as otherwise pro- promises that were necessary in picted on the map entitled ‘Fourth of July vided in this section, the Secretary shall crafting this bill and proudly introduce Addition to Indian Peaks Wilderness’, dated manage and administer the Protection Area it today. I only wish this kind of co- September 2001.’’. in accordance with the management plan. operation was more evident in the (c) MAPS AND LEGAL DESCRIPTIONS.— (2) GRAZING.—Nothing in this Act, includ- (1) IN GENERAL.—As soon as practicable ing the establishment of the Protection other discussions about public lands in after the date of enactment of this Act, the Area, affects grazing on land in or outside of America. Secretary shall submit to the Committee on the Protection Area. I hope for quick passage of this im- Resources of the House of Representatives (3) WITHDRAWALS.— portant bill. and the Committee on Energy and Natural (A) IN GENERAL.—Subject to valid existing I ask unanimous consent that the Resources of the Senate— rights, all Federal land in the Protection text of the bill be printed in the (A) a map and legal description of the area Area (including land and interests in land ac- RECORD. designated as wilderness by the amendments quired for the Protection Area by the United There being no objection, the bill was made by subsection (a); and States after the date of enactment of this ordered to be printed in the RECORD, as (B) a map and legal description of the area Act) is withdrawn from— follows: added to the Indian Peaks Wilderness Area (i) all forms of entry, appropriation, or dis- by the amendments made by subsection (b). posal under the public land laws; S. 1711 (2) EFFECT.—The maps and legal descrip- (ii) location, entry, and patent under the Be it enacted by the Senate and House of Rep- tions shall have the same force and effect as mining laws; and resentatives of the United States of America in if included in— (iii) the operation of the mineral leasing, Congress assembled, (A) the Colorado Wilderness Act of 1993 mineral materials, and geothermal leasing SECTION 1. SHORT TITLE. (Public Law 103–77; 107 Stat. 756); and laws. This Act may be cited as the ‘‘James Peak (B) the Indian Peaks Wilderness Area, the (B) EFFECT.—Nothing in subparagraph (A) Wilderness, Wilderness Study, and James Arapaho National Recreation Area and the affects the discretionary authority of the Peak Protection Area Act’’. Oregon Islands Wilderness Area Act (Public Secretary under other Federal law to grant, SEC. 2. DEFINITIONS. Law 95–450; 92 Stat. 1095). issue, or renew any right-of-way or other In this Act: (3) CORRECTIONS.—The Secretary may cor- land use authorization consistent with this (1) BOARD.—The term ‘‘Board’’ means the rect technical errors in the maps and legal Act. Colorado State Land Board. descriptions. (4) MOTORIZED AND MECHANIZED TRAVEL.—

VerDate Mar 15 2010 03:29 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY November 15, 2001 CONGRESSIONAL RECORD — SENATE S11945

(A) REVIEW AND INVENTORY.— (A) vegetation management; (B) whether additional funds need to be ap- (i) IN GENERAL.—Not later than 2 years (B) road maintenance; propriated or otherwise made available to after the date of enactment of this Act, the (C) ground stabilization; and the Secretary for the acquisition of the land. Secretary, in consultation with any inter- (D) motorized vehicle access. (d) MANAGEMENT OF ACQUISITIONS.—Any ested parties, shall complete a review and in- (f) PERMANENT FEDERAL OWNERSHIP.—All land within the James Peak Wilderness or ventory of all roads and trails in the Protec- right, title, and interest of the United the Protection Area acquired by the United tion Area (excluding the special interest States, held on or acquired after the date of States after the date of enactment of this area) on which use was allowed on Sep- enactment of this Act, in and to land within Act shall be added to the James Peak Wil- tember 10, 2001. the boundaries of the Protection Area shall derness or the Protection Area, respectively. (ii) CONNECTION.—In conducting the review be retained by the United States. SEC. 6. JAMES PEAK FALL RIVER TRAILHEAD. and inventory under clause (i), the Secretary (a) SERVICES AND FACILITIES.— (g) WATER RIGHTS.— may connect any existing road or trail in the (1) IN GENERAL.—Following the consulta- (1) EFFECT OF THIS ACT.—Nothing in this inventory area to another existing road or tion required by subsection (c), the Forest Act— trail in the inventory area for the purpose of Supervisor shall establish a trailhead, facili- (A) constitutes an express or implied res- mechanized and nonmotorized use, if the ties, and services for National Forest System ervation of any water or water right with re- connection results in no net gain in the total land that is located— spect to land within the Protection Area; mileage of roads or trails open for public use (A) in the vicinity of the Fall River basin; (B) affects any conditional or absolute in the Protection Area. and water right in the State in existence on the (iii) CLOSURE.—In conducting the review (B) south of the communities of Alice date of enactment of this Act; and inventory under clause (i), the Secretary Township and St. Mary’s Glacier in the (C) establishes a precedent with regard to may close or remove any road or trail in the State. any future Protection Area designation; or Protection Area that the Secretary deter- (2) INCLUSIONS.—The facilities and services (D) limits, alters, modifies, or amends any mines to be undesirable, except those roads under paragraph (1) shall include— interstate compact or equitable apportion- or trails managed under paragraph (7). (A) parking for the trailhead; ment decree that apportions water among (iv) DESIGNATED AREAS.—As soon as prac- (B) public restroom accommodations; and and between the State and other States. ticable after completion of the review and (C) maintenance of the trailhead and trail. (2) COLORADO WATER LAW.—The Secretary inventory under clause (i), the Secretary (b) PERSONNEL.—The Forest Supervisor shall prohibit motorized and mechanized shall be subject to all procedural and sub- shall assign Forest Service personnel to pro- travel in the Protection Area, except on stantive laws of the State in order to obtain vide appropriate management and oversight roads and trails— and hold any new water rights with respect of the area specified in subsection (a)(1). (I) identified as being open to use in the in- to the Protection Area. (c) CONSULTATION.—The Forest Supervisor ventory; or (3) WATER INFRASTRUCTURE.—Nothing in shall consult with the commissioners of (II) established under paragraph (5). this Act affects, impedes, interferes with, or Clear Creek County and with residents of (B) ROGERS PASS TRAIL.—Notwithstanding diminishes the operation, existence, access, Alice Township and St. Mary’s Glacier in the any other provision of this Act, a motorized maintenance, improvement, or construction State regarding— vehicle shall not be permitted on any part of of a water facility or infrastructure, right-of- (1) the appropriate location of facilities the Rogers Pass Trail. way, or other water-related property, inter- and services in the area specified in sub- (5) NEW ROADS AND TRAILS.— est, or use (including the use of motorized section (a)(1); and (A) IN GENERAL.—Except as provided in vehicles and equipment on land within the (2) appropriate measures that may be need- subparagraph (B), no road or trail shall be Protection Area) on any land except the land ed in this area— established in the Protection Area after the in the special interest area. (A) to provide access by emergency or law date of enactment of this Act. SEC. 5. ACQUISITION OF LAND. enforcement vehicles; (B) ESTABLISHMENT.—The Secretary may (a) BOARD LAND.—The Secretary may ac- (B) for public health; and establish— quire by purchase or exchange land in the (C) to address concerns regarding impeded (i) a new road or trail to replace a road or Protection Area owned by the Board. access by local residents. trail of the same character and scope that (d) REPORT.—As soon as practicable after has become nonserviceable because of a rea- (b) JIM CREEK DRAINAGE.— the consultation required by subsection (c), son other than neglect; (1) IN GENERAL.—The Secretary may ac- the Forest Supervisor shall submit to the (ii) as necessary, nonpermanent roads for— quire by purchase or exchange land in the Committee on Resources and the Committee (I) hazardous fuel reduction; Jim Creek drainage in the Protection Area. on Appropriations of the House of Represent- (II) fire, insect, or disease control projects; (2) CONSENT OF LANDOWNER.—The Secretary atives and the Committee on Energy and or may acquire land under this subsection only Natural Resources and the Committee on (III) other management purposes; with the consent of the landowner. Appropriations of the Senate a report re- (iii) any road determined to be appropriate (3) EFFECT.—Nothing in this Act affects garding the amount of any additional fund- for reasonable access under section 5(b)(3); the rights of any owner of land located with- ing required to implement this section. (iv) a loop trail established under section 7; in the Jim Creek drainage in the Protection SEC. 7. LOOP TRAIL STUDY. or Area, including any right to reasonable ac- (a) STUDY.—Not later than 3 years after the (v) a trail for nonmotorized use along the cess to the land by motorized or other date on which funds are first made available corridor designated as the Continental Di- means, as determined by the Chief of the to carry out this section, the Secretary, in vide Trail. Forest Service and the landowner, in accord- consultation with interested parties, shall (6) TIMBER HARVESTING.—No timber har- ance with applicable law (including regula- complete a study of the suitability and feasi- vesting shall be allowed within the Protec- tions). bility of establishing, consistent with the tion Area, except to the extent necessary (c) REPORT.— purpose described in section 4(a)(2), a loop for— (1) IN GENERAL.—The Secretary shall sub- trail for mechanized and other nonmotorized (A) hazardous fuel reduction; mit to the Committee on Resources of the recreation that connects the trail designated (B) a fire, insect, or disease control project; House of Representatives and the Committee as ‘‘Rogers Pass’’ and the trail designated as or on Energy and Natural Resources of the Sen- ‘‘Rollins Pass Road’’. (C) protection of public health or safety. ate a report concerning any agreement or (b) ESTABLISHMENT.—If the results of the (7) SPECIAL INTEREST AREA.—The manage- the status of negotiations for the acquisition study required by subsection (a) indicate ment prescription applicable to the land re- of land under— that establishment of a loop trail would be ferred to in the management plan as the (A) subsection (a), on the earlier of— suitable and feasible, the Secretary shall es- James Peak Special Interest Area shall (i) the date on which an agreement for ac- tablish the loop trail. apply to the special interest area. quisition by the United States of land re- SEC. 8. ADMINISTRATIVE PROVISIONS. (e) NATURAL GAS PIPELINE.— ferred to in subsection (a) is entered into; or (a) NO BUFFER ZONES.— (1) MAINTENANCE.—The Secretary shall (ii) 1 year after the date of enactment of (1) IN GENERAL.—The designation by this allow for maintenance of rights-of-way and this Act; and Act or by amendments made by this Act of access roads located in the Protection Area— (B) subsection (b), on the earlier of— wilderness areas under section 3 and the Pro- (A) to the extent necessary to operate the (i) the date on which an agreement for ac- tection Area in the State shall not establish natural gas pipeline permitted under the quisition by the United States of land re- any express or implied protective perimeter Arapaho/Roosevelt National Forest master ferred to in subsection (b) is entered into; or or buffer zone around a wilderness area or permit numbered 4138.01; and (ii) 1 year after the date of enactment of the Protection Area. (B) in a manner that— this Act. (2) SURROUNDING LAND.—The fact that the (i) does not have a negative effect on pub- (2) REQUIREMENTS.—A report under para- use of, or conduct of an activity on, land lic safety; and graph (1) shall include information on fund- that shares a boundary with a wilderness (ii) allows for compliance with Federal ing, including— area or the Protection Area may be seen or pipeline safety requirements. (A) to what extent funds are available to heard from a wilderness area or the Protec- (2) INCLUSIONS.—Maintenance under para- the Secretary for the acquisition of the land, tion Area shall not, in and of itself, preclude graph (1) may include— as of the date of the report; and the conduct of the use or activity.

VerDate Mar 15 2010 03:29 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S11946 CONGRESSIONAL RECORD — SENATE November 15, 2001 (b) ROLLINS PASS ROAD.— minor modifications. We have also in- courts are making decisions for the en- (1) IN GENERAL.—If requested by 1 or more cluded a few more provisions that will tire country. The 1999 Rand Study and of Grand, Gilpin, or Boulder Counties in the better protect class members. I am a more recent study by the Manhattan State, the Secretary, with respect to the re- hopeful that in this Congress, the Sen- Institute found that most of the in- pair of the Rollins Pass road in those coun- ate will consider this bill promptly and ties, shall provide technical assistance and crease in class action lawsuits is occur- otherwise cooperate with the counties to enact the much needed changes to the ring in State courts. With this hap- permit 2-wheel-drive vehicles to travel be- current system. pening, basically State courts are dic- tween Colorado State Highway 119 and U.S. Presently, the class action system is tating national policy. Class actions Highway 40. awash with problems. More and more are usually the cases that involve the (2) CLOSURE OF MOTORIZED ROADS AND class action lawsuits are being filed to most people, the most money, and the TRAILS.—If Rollins Pass road is repaired in the benefit of attorneys, where attor- most interstate commerce issues. But accordance with paragraph (1), the Secretary neys agree to settlements that give it is clear that these cases really be- shall close the motorized roads and trails on them huge fees while their clients get long in Federal court. And there is a Forest Service land indicated on the map en- little of value or nothing. A 1999 Rand constitutional basis for this. Article 3, titled ‘‘Rollins Pass Road Reopening: At- Report on class actions found that tendant Road and Trail Closures,’’ dated section 2 of the Constitution states September 2001. state courts often give most of the that controversies between citizens of money in a settlement to the lawyers, SEC. 9. WILDERNESS POTENTIAL. different States should be subject to not the class members they supposedly (a) IN GENERAL.—Nothing in this Act pre- the jurisdiction of the Federal courts. cludes or restricts the authority of the Sec- represent. The Judiciary Committee However, the present Federal jurisdic- retary— held hearings where we heard about tion statutes were originally enacted (1) to evaluate the suitability of land in settlement after settlement where over a century ago, so they do not take the Protection Area for inclusion in the Na- class members got coupons or nothing, the modern day class action into ac- tional Wilderness Preservation System; or but the lawyers got millions of dollars count and basically exclude them from (2) to make recommendations to Congress in attorneys’ fees. We heard about class the Federal court system. on the inclusion of land evaluated under members being awarded restrictive paragraph (1) in the National Wilderness Consequently, the current system coupons for airline tickets, as well as produces aberrant results as to what Preservation System . class members who received a lawyers’ (b) EVALUATION OF CERTAIN LANDS.—As can or cannot proceed in Federal court. part of the first revision of the management bill that was higher than the com- For example, right now, a slip and fall plan carried out after the date of the enact- pensation for their injury. But the law- case worth $75,001 involving two resi- ment of this Act, the Secretary shall— yers got all the money in fees. dents from different States can be (1) evaluate the suitability of the special Is this fair? I thought the lawyers heard in Federal court. But a nation- interest area for inclusion in the National were supposed to represent their cli- wide class action that involves mil- Wilderness Preservation System; and ents, not themselves. I am not saying lions of citizens residing in all 50 (2) make recommendations to Congress on that attorneys should not be paid for States, that seeks billions of dollars in the inclusion of land evaluated under para- their work, but it seems to me that damages, implicates the laws of every graph (1) for inclusion in the National Wil- lawyers have found class actions to be derness Preservation System. State, and involves interstate com- an easy way for them to make money. merce issues, is mainly confined to the By Mr. GRASSLEY (for himself, The Judiciary Committee also heard that lawyers game the class action State courts. Why should a State coun- Mr. KOHL, Mr. HATCH, Mr. CAR- rules to keep class actions in certain ty court with an elected judge decide PER, Mr. THURMOND, Mr. State courts, particularly courts that these cases, but not a Federal judge? CHAFEE, and Mr. SPECTER): By only allowing State courts to are quick to certify a class without S. 1712. A bill to amend the proce- hear nationwide class actions, State adequately considering the interests of dures that apply to consideration of courts can dictate national policy or all class members or courts that aren’t interstate class actions to assure fairer careful in evaluating whether the pro- improperly impose their State’s laws outcomes for class members and de- posed class meets the required class on the citizens of other States. Let me fendants, and for other purposes; to the criteria. Those State courts are also illustrate this serious problem with the Committee on the Judiciary. more likely to rubber-stamp settle- State Farm case. In a large class ac- Mr. GRASSLEY. Mr. President, I rise ment proposals without scrutinizing tion case brought against State Farm today to introduce the ‘‘Class Action them for fairness. For example, we on the issue of auto insurers’ use of Fairness Act of 2001.’’ I am pleased to learned that in some cases members of ‘‘aftermarket’’ auto parts in auto- be joined by Senators KOHL, HATCH, a class that lived closer to the court- mobile repairs, an Illinois court ap- CARPER, THURMOND, CHAFEE and SPEC- house in which the settlement was filed plied Illinois auto insurance law to the TER. The Class Action Fairness Act of got a larger recovery than others. We other 49 States. Several State attor- 2001 will help curb class action lawsuit also learned about settlements where a neys general intervened in the case and abuses and protect consumers who find bounty was paid to class representa- expressed their opposition to the themselves as potential members of tives which was disproportionately court’s application of Illinois law to class action lawsuits. At the same larger than that provided to absent their citizens. The National Associa- time, the bill will preserve class action class members. tion of State Insurance Commissioners lawsuits as an important tool that It’s easy for lawyers to forum-shop and Public Citizen also expressed con- brings representation to the unrepre- and keep these cases in State court, for cern over the outcome of this case. The sented. example, attorneys name irrelevant reason for this opposition was because In the last Congress, Senator KOHL parties to their class action suits in an State laws and policy on the use of and I introduced S. 353, the ‘‘Class Ac- effort to destroy diversity. Attorneys aftermarket parts varies widely State tion Fairness Act of 1999.’’ We worked make inaccurate statements about the by State, yet the Illinois State court diligently and in good faith to address jurisdictional amount to keep the de- imposed its auto insurance laws on the concerns expressed by members of the fendant from transferring the case to other States. The ability of a State Judiciary Committee, as well as others Federal court, but then retract them court to have such a monumental im- interested in this issue. The Judiciary one year later when removal is barred. pact on the laws of other States, by ba- Committee marked up and favorably In addition, similar class actions are sically overturning national policy and voted out a Hatch/Grassley/Kohl filed in many State courts and cannot the laws or regulations of the other 50 amendment in the nature of a sub- be consolidated, increasing the chances States is more than troubling. stitute. Unfortunately, S. 353 was not for collusive settlements or situations So, there are compelling reasons for considered by the full Senate in the where there is a ‘‘race to settlement’’ us to take remedial steps regarding the 106th Congress because of the press of by the attorneys. This also creates sig- class action system. The Class Action other legislative business. nificant inefficiencies and waste of Fairness Act of 2001 takes a good first Today, we are introducing the bill court resources. step at addressing some of the prob- that the Senate Judiciary Committee A much more troublesome effect of lems we have identified. To address the agreed to in the last Congress, with this problem is the fact that State problem of class members not knowing

VerDate Mar 15 2010 03:29 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY November 15, 2001 CONGRESSIONAL RECORD — SENATE S11947 what is going on in a class action or bill that addresses some of the prob- (A) counsel are awarded large fees, while settlement, or not being clear as to lems that we’ve identified. Moreover, leaving class members with coupons or other what their rights are, the Class Action there has been a lot of compromise to awards of little or no value; Fairness Act of 2001 has a provision address concerns about the bill. We (B) unjustified awards are made to certain plaintiffs at the expense of other class mem- that notice to class members needs to have also improved the bill by adding bers; and contain an explanation of their rights additional consumer protections. So, (C) confusing notices are published that and other matters concerning settle- the Class Action Fairness Act of 2001 prevent class members from being able to ment terms, including attorneys’ fees, will preserve the class action process, fully understand and effectively exercise in a plain and easy to understand lan- but put a stop to the more egregious their rights. guage. abuses in the system. (4) Abuses in class actions undermine the To address the problem where class In addition, I’d like to thank my national judicial system and the concept of diversity jurisdiction as intended by the members get nothing and attorneys get friend Senator KOHL, who has worked millions, the Class Action Fairness Act framers of the United States Constitution, in so closely with me over the years in that State and local courts are— of 2001 provides that notification of any bringing the issue of class action abuse (A) keeping cases of national importance proposed settlements must be given to to the forefront. We both share a deep out of Federal court; the State attorneys general or the pri- concern over protecting the rights of (B) sometimes acting in ways that dem- mary regulatory or licensing agency of consumers, while making sure that the onstrate bias against out-of-State defend- any State whose citizens are involved. due process rights of all litigants are ants; and This is so that the State attorney gen- preserved. I’d also like to thank Sen- (C) making judgments that impose their view of the law on other States and bind the eral or responsible agency can inter- ator HATCH, who worked with us to rights of the residents of those States. vene in the case to ensure that settle- move this bill forward in the Judiciary ments are fair. To address the problem (b) PURPOSES.—The purposes of this Act Committee last year, and worked on are to— of special bounties that unfairly im- improvements to the bill. (1) assure fair and prompt recoveries for pact the absent members of a class, the I urge all my colleagues to join Sen- class members with legitimate claims; bill contains a new provision that ators KOHL, HATCH, CARPER, THUR- (2) restore the intent of the framers of the would prohibit the payment of bounties MOND, CHAFEE and SPECTER in sup- United States Constitution by providing for to class representatives that are dis- porting this important piece of legisla- Federal court consideration of interstate proportionately larger than that pro- tion. cases of national importance under diversity jurisdiction; and vided to absent class members. To ad- I ask unanimous consent that the dress the problem of discrimination be- (3) benefit society by encouraging innova- text of the bill be printed in the tion and lowering consumer prices. tween class members based on geo- ECORD R . SEC. 3. CONSUMER CLASS ACTION BILL OF graphic location, the bill contains a There being no objection, the bill was RIGHTS AND IMPROVED PROCE- new provision that prohibits courts ordered to be printed in the RECORD, as DURES FOR INTERSTATE CLASS AC- from approving settlements that award follows: TIONS. (a) IN GENERAL.—Part V is amended by in- some class members a larger recovery S. 1712 serting after chapter 113 the following: than others based on geography. Be it enacted by the Senate and House of Rep- To start responding to the issue of resentatives of the United States of America in ‘‘CHAPTER 114—CLASS ACTIONS outrageous attorneys fees, the Class Congress assembled, ‘‘Sec. Action Fairness Act of 2001 asks the SECTION 1. SHORT TITLE; REFERENCE; TABLE OF ‘‘1711. Definitions. Judicial Conference to report back to CONTENTS. ‘‘1712. Judicial scrutiny of coupon and other Congress in a year after studying at- (a) SHORT TITLE.—This Act may be cited as noncash settlements. torneys’ fees in class actions and how the ‘‘Class Action Fairness Act of 2001’’. ‘‘1713. Protection against loss by class mem- judges can do a better job in making (b) REFERENCE.—Whenever in this Act ref- bers. ‘‘1714. Protection against discrimination sure that class action settlements are erence is made to an amendment to, or re- peal of, a section or other provision, the ref- based on geographic location. fair. The bill also includes new provi- erence shall be considered to be made to a ‘‘1715. Prohibition on the payment of boun- sions that protect class members section or other provision of title 28, United ties. against net losses and require the States Code. ‘‘1716. Clearer and simpler settlement infor- courts to make specific findings as to (c) TABLE OF CONTENTS.—The table of con- mation. the fairness of coupon and other non- tents for this Act is as follows: ‘‘1717. Notifications to appropriate Federal cash class action settlements. Sec. 1. Short title; reference; table of con- and State officials. To respond to the problem where tents. ‘‘§ 1711. Definitions plaintiff lawyers game the system to Sec. 2. Findings and purposes. ‘‘In this chapter: improperly keep class action cases in Sec. 3. Consumer class action bill of rights ‘‘(1) CLASS.—The term ‘class’ means all of State court, or where similar class ac- and improved procedures for the class members in a class action. tion suits are being filed in different interstate class actions. ‘‘(2) CLASS ACTION.—The term ‘class action’ Sec. 4. Federal district court jurisdiction for means any civil action filed in a district State courts, or where State courts are interstate class actions. imposing their laws on citizens of other court of the United States under rule 23 of Sec. 5. Removal of interstate class actions the Federal Rules of Civil Procedure or any States and formulating national pol- to Federal district court. civil action that is removed to a district icy, the Class Action Fairness Act of Sec. 6. Report on class action settlements. court of the United States that was origi- 2001 loosens diversity and removal re- Sec. 7. Effective date. nally filed under a State statute or rule of quirements so that class action cases SEC. 2. FINDINGS AND PURPOSES. judicial procedure authorizing an action to with national ramifications can be (a) FINDINGS.—Congress finds the fol- be brought by 1 or more representatives as a heard in Federal courts and similar lowing: class action. class actions can be consolidated. The (1) Class action lawsuits are an important ‘‘(3) CLASS COUNSEL.—The term ‘class coun- bill is crafted so that it will not harm and valuable part of the legal system when sel’ means the persons who serve as the at- they permit the fair and efficient resolution torneys for the class members in a proposed federalism or deprive State courts of of legitimate claims of numerous parties by or certified class action. their ability to adjudicate cases for allowing the claims to be aggregated into a ‘‘(4) CLASS MEMBERS.—The term ‘class their own citizens. That is because single action against a defendant that has al- members’ means the persons (named or there is a constitutional basis for class legedly caused harm. unnamed) who fall within the definition of actions to proceed in Federal court. (2) Over the past decade, there have been the proposed or certified class in a class ac- Clearly, the Federal courts are a better abuses of the class action device that have— tion. forum for these kinds of cases that are (A) harmed class members with legitimate ‘‘(5) PLAINTIFF CLASS ACTION.—The term of nationwide importance. claims and defendants that have acted re- ‘plaintiff class action’ means a class action In conclusion, there is substantial sponsibly; and in which class members are plaintiffs. (B) undermined public respect for our judi- ‘‘(6) PROPOSED SETTLEMENT.—The term evidence that class action abuse is cial system. ‘proposed settlement’ means an agreement going on and we should do something (3) Class members often receive little or no regarding a class action that is subject to about it. I think that the Class Action benefit from class actions, and are some- court approval and that, if approved, would Fairness Act of 2001 is a good, balanced times harmed, such as where— be binding on some or all class members.

VerDate Mar 15 2010 03:29 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S11948 CONGRESSIONAL RECORD — SENATE November 15, 2001

‘‘§ 1712. Judicial scrutiny of coupon and other ‘‘(b) TABULAR FORMAT.—Any court with ju- ‘‘(4) any proposed or final class action set- noncash settlements risdiction over a plaintiff class action shall tlement; ‘‘The court may approve a proposed settle- require that the information described in ‘‘(5) any settlement or other agreement ment under which the class members would subsection (a)— contemporaneously made between class receive noncash benefits or would otherwise ‘‘(1) be placed in a conspicuous and promi- counsel and counsel for the defendants; be required to expend funds in order to ob- nent location on the notice; ‘‘(6) any final judgment or notice of dis- tain part or all of the proposed benefits only ‘‘(2) contain clear and concise headings for missal; after a hearing to determine whether, and each item of information; and ‘‘(7)(A) if feasible, the names of class mem- making a written finding that, the settle- ‘‘(3) provide a clear and concise form for bers who reside in each State and the esti- ment is fair, reasonable, and adequate for stating each item of information required to mated proportionate share of the claims of class members. be disclosed under each heading. such members to the entire settlement to ‘‘(c) TELEVISION OR RADIO NOTICE.—Any no- that State’s appropriate State official; or ‘‘§ 1713. Protection against loss by class mem- tice provided through television or radio (in- ‘‘(B) if the provision of information under bers cluding transmissions by cable or satellite) subparagraph (A) is not feasible, a reason- ‘‘The court may approve a proposed settle- to inform the class members in a class action able estimate of the number of class mem- ment under which any class member is obli- of the right of each member to be excluded bers residing in each State and the estimated gated to pay sums to class counsel that from a class action or a proposed settlement, proportionate share of the claims of such would result in a net loss to the class mem- if such right exists, shall, in plain, easily un- members to the entire settlement; and derstood language— ber only if the court makes a written finding ‘‘(8) any written judicial opinion relating ‘‘(1) describe the persons who may poten- that nonmonetary benefits to the class mem- to the materials described under subpara- tially become class members in the class ac- ber substantially outweigh the monetary graphs (3) through (6). loss. tion; and ‘‘(2) explain that the failure of a class ‘‘(c) DEPOSITORY INSTITUTIONS NOTIFICA- ‘‘§ 1714. Protection against discrimination member to exercise his or her right to be ex- TION.— based on geographic location cluded from a class action will result in the ‘‘(1) FEDERAL AND OTHER DEPOSITORY INSTI- ‘‘The court may not approve a proposed person’s inclusion in the class action. TUTIONS.—In any case in which the defendant settlement that provides for the payment of ‘‘§ 1717. Notifications to appropriate Federal is a Federal depository institution, a deposi- greater sums to some class members than to and State officials tory institution holding company, a foreign others solely on the basis that the class bank, or a non-depository institution sub- ‘‘(a) DEFINITIONS.— members to whom the greater sums are to be sidiary of the foregoing, the notice require- ‘‘(1) APPROPRIATE FEDERAL OFFICIAL.—In paid are located in closer geographic prox- this section, the term ‘appropriate Federal ments of this section are satisfied by serving imity to the court. official’ means— the notice required under subsection (b) upon ‘‘§ 1715. Prohibition on the payment of boun- ‘‘(A) the Attorney General of the United the person who has the primary Federal reg- ties States; or ulatory or supervisory responsibility with respect to the defendant, if some or all of the ‘‘(a) IN GENERAL.—The court may not ap- ‘‘(B) in any case in which the defendant is prove a proposed settlement that provides a Federal depository institution, a State de- matters alleged in the class action are sub- for the payment of a greater share of the pository institution, a depository institution ject to regulation or supervision by that per- award to a class representative serving on holding company, a foreign bank, or a non- son. TATE DEPOSITORY INSTITUTIONS.—In behalf of a class, on the basis of the formula depository institution subsidiary of the fore- ‘‘(2) S any case in which the defendant is a State for distribution to all other class members, going (as such terms are defined in section 3 depository institution (as that term is de- than that awarded to the other class mem- of the Federal Deposit Insurance Act (12 fined in section 3 of the Federal Deposit In- bers. U.S.C. 1813)), the person who has the primary surance Act (12 U.S.C. 1813)), the notice re- ‘‘(b) RULE OF CONSTRUCTION.—The limita- Federal regulatory or supervisory responsi- tion in subsection (a) shall not be construed bility with respect to the defendant, if some quirements of this section are satisfied by to prohibit a payment approved by the court or all of the matters alleged in the class ac- serving the notice required under subsection for reasonable time or costs that a person tion are subject to regulation or supervision (b) upon the State bank supervisor (as that was required to expend in fulfilling the obli- by that person. term is defined in section 3 of the Federal gations of that person as a class representa- ‘‘(2) APPROPRIATE STATE OFFICIAL.—In this Deposit Insurance Act (12 U.S.C. 1813)) of the tive. section, the term ‘appropriate State official’ State in which the defendant is incorporated means the person in the State who has the or chartered, if some or all of the matters al- ‘‘§ 1716. Clearer and simpler settlement infor- primary regulatory or supervisory responsi- leged in the class action are subject to regu- mation bility with respect to the defendant, or who lation or supervision by that person, and ‘‘(a) PLAIN ENGLISH REQUIREMENTS.—Any licenses or otherwise authorizes the defend- upon the appropriate Federal official. court with jurisdiction over a plaintiff class ant to conduct business in the State, if some ‘‘(d) FINAL APPROVAL.—An order giving action shall require that any written notice or all of the matters alleged in the class ac- final approval of a proposed settlement may concerning a proposed settlement of the tion are subject to regulation by that person. not be issued earlier than 90 days after the class action provided to the class through If there is no primary regulator, supervisor, later of the dates on which the appropriate the mail or publication in printed media con- or licensing authority, or the matters al- Federal official and the appropriate State of- tain— leged in the class action are not subject to ficial are served with the notice required ‘‘(1) at the beginning of such notice, a regulation or supervision by that person, under subsection (b). statement in 18-point or greater bold type, then the appropriate State official shall be ‘‘(e) NONCOMPLIANCE IF NOTICE NOT PRO- stating ‘LEGAL NOTICE: YOU ARE A the State attorney general. VIDED.— PLAINTIFF IN A CLASS ACTION LAWSUIT ‘‘(b) IN GENERAL.—Not later than 10 days ‘‘(1) IN GENERAL.—A class member may AND YOUR LEGAL RIGHTS ARE AF- after a proposed settlement of a class action refuse to comply with and may choose not to FECTED BY THE SETTLEMENT DE- is filed in court, each defendant that is par- SCRIBED IN THIS NOTICE.’; ticipating in the proposed settlement shall be bound by a settlement agreement or con- ‘‘(2) a short summary written in plain, eas- serve upon the appropriate State official of sent decree in a class action if the class ily understood language, describing— each State in which a class member resides member demonstrates that the notice re- ‘‘(A) the subject matter of the class action; and the appropriate Federal official, a notice quired under subsection (b) has not been pro- ‘‘(B) the members of the class; of the proposed settlement consisting of— vided. ‘‘(C) the legal consequences of being a ‘‘(1) a copy of the complaint and any mate- ‘‘(2) LIMITATION.—A class member may not member of the class action; rials filed with the complaint and any refuse to comply with or to be bound by a ‘‘(D) if the notice is informing class mem- amended complaints (except such materials settlement agreement or consent decree bers of a proposed settlement agreement— shall not be required to be served if such ma- under paragraph (1) if the notice required ‘‘(i) the benefits that will accrue to the terials are made electronically available under subsection (b) was directed to the ap- class due to the settlement; through the Internet and such service in- propriate Federal official and to either the ‘‘(ii) the rights that class members will cludes notice of how to electronically access State attorney general or the person that lose or waive through the settlement; such material); has primary regulatory, supervisory, or li- ‘‘(iii) obligations that will be imposed on ‘‘(2) notice of any scheduled judicial hear- censing authority over the defendant. the defendants by the settlement; ing in the class action; ‘‘(3) APPLICATION OF RIGHTS.—The rights ‘‘(iv) the dollar amount of any attorney’s ‘‘(3) any proposed or final notification to created by this subsection shall apply only fee class counsel will be seeking, or if not class members of— to class members or any person acting on a possible, a good faith estimate of the dollar ‘‘(A)(i) the members’ rights to request ex- class member’s behalf, and shall not be con- amount of any attorney’s fee class counsel clusion from the class action; or strued to limit any other rights affecting a will be seeking; and ‘‘(ii) if no right to request exclusion exists, class member’s participation in the settle- ‘‘(v) an explanation of how any attorney’s a statement that no such right exists; and ment. fee will be calculated and funded; and ‘‘(B) a proposed settlement of a class ac- ‘‘(f) RULE OF CONSTRUCTION.—Nothing in ‘‘(E) any other material matter. tion; this section shall be construed to expand the

VerDate Mar 15 2010 03:29 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY November 15, 2001 CONGRESSIONAL RECORD — SENATE S11949 authority of, or impose any obligations, du- tion filed in State court may be removed to the meanings given such terms under section ties, or responsibilities upon, Federal or the appropriate district court if it is an ac- 1332(d)(1). State officials.’’. tion of which the district courts of the ‘‘(b) IN GENERAL.—A class action may be (b) TECHNICAL AND CONFORMING AMEND- United States have original jurisdiction. removed to a district court of the United MENT.—The table of chapters for part V is ‘‘(C) In any action that is dismissed under States in accordance with this chapter, with- amended by inserting after the item relating this paragraph and is filed by any of the out regard to whether any defendant is a cit- to chapter 113 the following: original named plaintiffs therein in the same izen of the State in which the action is brought, except that such action may be re- ‘‘114. Class Actions ...... 1711’’. State court venue in which the dismissed ac- tion was originally filed, the limitations pe- moved— SEC. 4. FEDERAL DISTRICT COURT JURISDIC- riods on all reasserted claims shall be ‘‘(1) by any defendant without the consent TION FOR INTERSTATE CLASS AC- of all defendants; or TIONS. deemed tolled for the period during which ‘‘(2) by any plaintiff class member who is (a) APPLICATION OF FEDERAL DIVERSITY JU- the dismissed class action was pending. The not a named or representative class member RISDICTION.—Section 1332 is amended— limitations periods on any claims that were without the consent of all members of such (1) by redesignating subsection (d) as sub- asserted in a class action dismissed under class. section (e); and this paragraph that are subsequently as- serted in an individual action shall be ‘‘(c) WHEN REMOVABLE.—This section shall (2) by inserting after subsection (c) the fol- apply to any class action before or after the lowing: deemed tolled for the period during which the dismissed action was pending. entry of a class certification order in the ac- ‘‘(d)(1) In this subsection— tion. ‘‘(7) Paragraph (2) shall not apply to any ‘‘(A) the term ‘class’ means all of the class ‘‘(d) PROCEDURE FOR REMOVAL.—Section members in a class action; class action that solely involves a claim— 1446 relating to a defendant removing a case ‘‘(B) the term ‘class action’ means any ‘‘(A) concerning a covered security as de- shall apply to a plaintiff removing a case civil action filed under rule 23 of the Federal fined under 16(f)(3) of the Securities Act of under this section, except that in the appli- Rules of Civil Procedure or similar State 1933 and section 28(f)(5)(E) of the Securities cation of subsection (b) of such section the statute or rule of judicial procedure author- Exchange Act of 1934; requirement relating to the 30-day filing pe- izing an action to be brought by 1 or more ‘‘(B) that relates to the internal affairs or riod shall be met if a plaintiff class member representative persons as a class action; governance of a corporation or other form of files notice of removal within 30 days after ‘‘(C) the term ‘class certification order’ business enterprise and that arises under or receipt by such class member, through serv- means an order issued by a court approving by virtue of the laws of the State in which ice or otherwise, of the initial written notice the treatment of some or all aspects of a such corporation or business enterprise is in- of the class action. civil action as a class action; and corporated or organized; or ‘‘(e) REVIEW OF ORDERS REMANDING CLASS ‘‘(D) the term ‘class members’ means the ‘‘(C) that relates to the rights, duties (in- ACTIONS TO STATE COURTS.—Section 1447 persons (named or unnamed) who fall within cluding fiduciary duties), and obligations re- shall apply to any removal of a case under the definition of the proposed or certified lating to or created by or pursuant to any se- this section, except that notwithstanding class in a class action. curity (as defined under section 2(a)(1) of the section 1447(d), an order remanding a class ‘‘(2) The district courts shall have original Securities Act of 1933 and the regulations action to the State court from which it was jurisdiction of any civil action in which the issued thereunder). removed shall be reviewable by appeal or matter in controversy exceeds the sum or ‘‘(8) For purposes of this subsection and otherwise. value of $2,000,000, exclusive of interest and section 1453 of this title, an unincorporated ‘‘(f) EXCEPTION.—This section shall not apply to any class action that solely in- costs, and is a class action in which— association shall be deemed to be a citizen of volves— ‘‘(A) any member of a class of plaintiffs is the State where it has its principal place of ‘‘(1) a claim concerning a covered security a citizen of a State different from any de- business and the State under whose laws it is as defined under section 16(f)(3) of the Secu- fendant; organized. rities Act of 1933 and section 28(f)(5)(E) of the ‘‘(B) any member of a class of plaintiffs is ‘‘(9)(A) For purposes of this section and Securities Exchange Act of 1934; a foreign state or a citizen or subject of a section 1453 of this title, a civil action that ‘‘(2) a claim that relates to the internal af- foreign state and any defendant is a citizen is not otherwise a class action as defined in fairs or governance of a corporation or other of a State; or paragraph (1)(B) shall nevertheless be form of business enterprise and arises under ‘‘(C) any member of a class of plaintiffs is deemed a class action if— or by virtue of the laws of the State in which a citizen of a State and any defendant is a ‘‘(i) the named plaintiff purports to act for such corporation or business enterprise is in- foreign state or a citizen or subject of a for- the interests of its members (who are not corporated or organized; or eign state. named parties to the action) or for the inter- ‘‘(3) a claim that relates to the rights, du- ‘‘(3) Paragraph (2) shall not apply to any ests of the general public, seeks a remedy of ties (including fiduciary duties), and obliga- civil action in which— damages, restitution, disgorgement, or any tions relating to or created by or pursuant to ‘‘(A)(i) the substantial majority of the other form of monetary relief, and is not a any security (as defined under section 2(a)(1) members of the proposed plaintiff class and State attorney general; or of the Securities Act of 1933 and the regula- the primary defendants are citizens of the ‘‘(ii) monetary relief claims in the action tions issued thereunder).’’. State in which the action was originally are proposed to be tried jointly in any re- spect with the claims of 100 or more other (b) REMOVAL LIMITATION.—Section 1446(b) filed; and is amended in the second sentence by insert- ‘‘(ii) the claims asserted therein will be persons on the ground that the claims in- volve common questions of law or fact. ing ‘‘(a)’’ after ‘‘section 1332’’. governed primarily by the laws of the State (c) TECHNICAL AND CONFORMING AMEND- ‘‘(B)(i) In any civil action described under in which the action was originally filed; MENTS.—The table of sections for chapter 89 subparagraph (A)(ii), the persons who alleg- ‘‘(B) the primary defendants are States, is amended by adding after the item relating edly were injured shall be treated as mem- State officials, or other governmental enti- to section 1452 the following: bers of a proposed plaintiff class and the ties against whom the district court may be ‘‘1453. Removal of class actions.’’. foreclosed from ordering relief; or monetary relief that is sought shall be treat- SEC. 6. REPORT ON CLASS ACTION SETTLE- ‘‘(C) the number of members of all pro- ed as the claims of individual class members. ‘‘(ii) Paragraphs (3) and (6) of this sub- MENTS. posed plaintiff classes in the aggregate is (a) IN GENERAL.—Not later than 12 months section and subsections (b)(2) and (d) of sec- less than 100. after the date of enactment of this Act, the tion 1453 shall not apply to any civil action ‘‘(4) In any class action, the claims of the Judicial Conference of the United States, described under subparagraph (A)(i). individual class members shall be aggregated with the assistance of the Director of the to determine whether the matter in con- ‘‘(iii) Paragraph (6) of this subsection, and Federal Judicial Center and the Director of troversy exceeds the sum or value of subsections (b)(2) and (d) of section 1453 shall the Administrative Office of the United $2,000,000, exclusive of interest and costs. not apply to any civil action described under States Courts, shall prepare and transmit to ‘‘(5) This subsection shall apply to any subparagraph (A)(ii).’’. the Committees on the Judiciary of the Sen- class action before or after the entry of a (b) CONFORMING AMENDMENTS.— ate and the House of Representatives a re- class certification order by the court with (1) Section 1335 (a)(1) is amended by insert- port on class action settlements. respect to that action. ing ‘‘(a) or (d)’’ after ‘‘1332’’. (b) CONTENT.—The report under subsection ‘‘(6)(A) A district court shall dismiss any (2) Section 1603 (b)(3) is amended by strik- (a) shall contain— civil action that is subject to the jurisdic- ing ‘‘(d)’’ and inserting ‘‘(e)’’. (1) recommendations on the best practices tion of the court solely under this subsection SEC. 5. REMOVAL OF INTERSTATE CLASS AC- that courts can use to ensure that proposed if the court determines the action may not TIONS TO FEDERAL DISTRICT class action settlements are fair to the class proceed as a class action based on a failure COURT. members that the settlements are supposed to satisfy the prerequisites of rule 23 of the (a) IN GENERAL.—Chapter 89 is amended by to benefit; Federal Rules of Civil Procedure. adding after section 1452 the following: (2) recommendations on the best practices ‘‘(B) Nothing in subparagraph (A) shall ‘‘§ 1453. Removal of class actions that courts can use to ensure that— prohibit plaintiffs from filing an amended ‘‘(a) DEFINITIONS.—In this section, the (A) the fees and expenses awarded to coun- class action in Federal court or filing an ac- terms ‘class’, ‘class action’, ‘class certifi- sel in connection with a class action settle- tion in State court, except that any such ac- cation order’, and ‘class member’ shall have ment appropriately reflect the extent to

VerDate Mar 15 2010 03:29 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S11950 CONGRESSIONAL RECORD — SENATE November 15, 2001 which counsel succeeded in obtaining full re- tion plaintiffs against a system which The study focused on three county dress for the injuries alleged and the time, is subject to abuse. As in past years, courts, Madison County, IL; Jefferson expense, and risk that counsel devoted to the the bill can be divided into three main County, TX; and Palm Beach County, litigation; and sections, all of which provide enhanced FL, that have seen a steep rise in class (B) the class members on whose behalf the protections for individual plaintiffs. settlement is proposed are the primary bene- action filings over the last several ficiaries of the settlement; and First, the bill provides that every years that seems disproportional to (3) the actions that the Judicial Conference class action notice be written in plain, their populations. They found that of the United States has taken and intends easily understandable English. Too rural Madison County, IL ranked third to take toward having the Federal judiciary many of the class action notices are nationwide, after Los Angeles County, implement any or all of the recommenda- written in legalese, designed to make it California and Cook County, Illinois, in tions contained in the report. impossible for the average American to the estimated number of class actions (c) AUTHORITY OF FEDERAL COURTS.—Noth- comprehend his rights and responsibil- filed each year, whereas rural Jefferson ing in this section shall be construed to alter ities as a member of the plaintiff class. the authority of the Federal courts to super- County and Palm Beach County ranked The bill requires that a statement be eighth and ninth, respectively. As vise attorneys’ fees. included at the beginning of the notice SEC. 7. EFFECTIVE DATE. plaintiff attorneys found that Madison The amendments made by this Act shall written in large, bold type alerting the County was a welcoming host, the apply to any civil action commenced on or plaintiff that he is involved in a class number of class action suits filed there after the date of enactment of this Act. action lawsuit and that his legal rights rose 1850 percent between 1998 and 2000. Mr. KOHL. Mr. President, I rise are affected by the contents of the no- Another trend evident in the re- today to join Senators GRASSLEY, tice. This means that every class mem- search was the use of ‘‘cut-and-paste’’ HATCH, CARPER, and THURMOND in in- ber will understand the subject matter complaints in which plaintiffs’ attor- troducing the Class Action Fairness of the case and his rights and respon- neys file a number of suits against dif- Act of 2001. This legislation addresses sibilities as a participant in the law- ferent defendants in the same industry the growing problems in class action suit. challenging standard industry prac- Further, if the case were settled, the litigation, particularly unfair and abu- tices. For example, within a one-week notice to the class members would sive settlements that shortchange period early this year, six law firms clearly describe the terms of the settle- plaintiff class members. filed nine nearly identical class actions ment, the benefits to each plaintiff and We have worked together on this leg- in Madison County alleging that the a summary of the attorneys fees in the islation in past Congresses. In fact, last automobile insurance industry is de- case and how they were calculated. year a similar version of class action frauding Americans in the way that Currently, none of this information is reform passed the House of Representa- they calculate claims rates for totaled clearly communicated to the class tives and was approved by the Senate vehicles. members. Judiciary Committee. Unfortunately, Second, the bill requires that notice The system is not working as in- the session ended before we could bring be given to State Attorneys General or tended and needs to be fixed. The way it to a vote of the full Senate. the appropriate State regulatory au- to fix it is to move more of these cases The problem that this bill addresses thorities about proposed class settle- currently being brought in small state is simple. Too often, the class action ments in Federal court which affect courts like Madison County, IL to Fed- procedure is being hijacked by unscru- their constituents. This encourages a eral court. pulous parties who are more interested The Federal courts are better venues neutral third party to weigh in on in making a dollar for themselves than whether a settlement is fair and to for class actions for a variety of rea- helping the plaintiff class members alert the court if they do not believe sons articulated clearly in a RAND remedy a legitimate harm. Let me give that it is. The Attorney General review study. RAND proposed three primary you just one well known example of the is an extra layer of security for the explanations why these cases should be unfairness this bill attempts to cor- plaintiffs and is designed to ensure in federal court. ‘‘First, Federal judges rect. that abusive settlements are not ap- scrutinize class action allegations A few years ago, a class action law- proved without a critical review by one more strictly than State judges, and suit was begun against the Bank of or more experts. deny certification in situations where a Boston. Martha Preston from Baraboo, Third, the bill makes it easier to State judge might grant it improperly. WI was an unnamed class member of move State class action cases to Fed- Second, State judges may not have that suit against her mortgage com- eral court by changing the diversity adequate resources to oversee and man- pany. The case involved allegations rules governing these actions. Class ac- age class actions with a national scope. that the bank had overcharged its tion cases often have national implica- Finally, if a single judge is to be mortgage customers and had kept ex- tions and are joined by plaintiffs from charged with deciding what law will cess money in their escrow accounts. It many, if not most, States. Currently, apply in a multistate class action, it is was ultimately settled. Ms. Preston class actions are frequently heard by a more appropriate that this take place was represented by a group of plain- State court judge in a venue chosen by in federal court than in State court.’’ tiffs’ lawyers who she had never met. the plaintiffs’ attorneys to maximize We all know that class actions can The settlement they negotiated for her the chance that the class action will be result in significant and important was a bad joke. She received four dol- certified. benefits for class members and society, lars and change in the lawsuit, while For class actions, the certification and that most class lawyers and most her attorneys pocketed $8 million in process is usually more than half the state courts are acting responsibly. fees. battle. Once a set of plaintiffs succeeds Class actions have been used to deseg- Soon after receiving her four dollars, in getting a judge to certify them as a regate racially divided schools, to ob- Ms. Preston discovered that her law- class, the defendants are often faced tain redress for victims of employment yers helped pay for their fees by taking with extraordinary costs associated discrimination, and to compensate in- $80 from her escrow account. Naturally with preparing for trial and dealing dividuals exposed to toxic chemicals or shocked, she and the other plaintiffs with a multitude of plaintiffs. So, the defective products. Class actions in- sued the lawyers who in turn sued her defendants settle the case at terms crease access to our civil justice sys- in Alabama, a State she had never vis- beneficial to the plaintiffs’ attorneys, tem because they enable people to pur- ited, for $25 million. Not only was she often at the expense of the plaintiffs sue claims that collectively would oth- $75 poorer for her class action experi- themselves. erwise be too expensive to litigate. ence, but she also had to defend herself A recent study on the class action The difficulty in any effort to im- against a $25 million suit by the very problem by the Manhattan Institute prove a basically good system is weed- people who took advantage of her in demonstrates that class action cases ing out the abuses without causing the first place. are being brought disproportionately in undue damage. The legislation we pro- In response to this case and many a few counties where plaintiffs expect pose attempts to do this. more like it, we developed a measured, to be able to take advantage of lax cer- Let me emphasize the limited scope reasoned response to protect class ac- tification rules. of this legislation. We do not close the

VerDate Mar 15 2010 03:29 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY November 15, 2001 CONGRESSIONAL RECORD — SENATE S11951 courthouse door to any class action. lective amount in controversy is more 1860; and then to Rebecca Cummins We do not require that State attorneys than $2 million, and where any member Sammons, died 1914. Dr. Early died at home general do anything with the notice of the class of plaintiffs is from a dif- in Rockhold, Kentucky on May 24, 1885 at the they receive. We do not deny reason- ferent State than any defendant. This age of 77.’’. able fees for class lawyers. And we do means that many State class actions By Mr. FRIST (for himself, Mr. not mandate that every class action be may be removed to Federal court. KENNEDY, Mr. ALLEN, Mr. brought in Federal court. Instead, we Nonetheless, the bill does not extend DASCHLE, Mr. BOND, Mr. AKAKA, simply promote closer and fairer scru- Federal jurisdiction to encompass Mr. CHAFEE, Mr. BAYH, Ms. COL- tiny of class actions and class settle- intrastate class actions, where the LINS, Mr. BIDEN, Mr. DOMENICI, ments. claims are governed primarily by the Mr. BREAUX, Mr. DEWINE, Mrs. Right now, people across the country laws of the State in which the case is CARNAHAN, Mr. HAGEL, Mr. can be dragged into lawsuits unaware filed and the majority of the plaintiffs CLELAND, Mr. HUTCHINSON, Mrs. of their rights and unarmed on the and the primary defendants are citi- CLINTON, Mrs. HUTCHISON, Mr. legal battlefield. What our bill does is zens of that State. So there is no fed- CORZINE, Mr. ROBERTS, Mr. give back to regular people their rights eralism issue here. All the bill does is DODD, Ms. SNOWE, Mr. DURBIN, and representation. This measure may to protect constitutionally mandated Mr. VOINOVICH, Mr. EDWARDS, not stop all abuses, but it moves us for- diversity jurisdiction—‘‘suits between Mr. WARNER, Mrs. FEINSTEIN, ward. It will help ensure that Citizens of different States.’’ Mr. HARKIN, Mr. JEFFORDS, Mr. unsuspecting people like Martha Pres- I am aware that there are those that JOHNSON, Mr. LEAHY, Mr. LIE- ton don’t get ripped off. say that the bill would ‘‘flood’’ Federal BERMAN, Ms. MIKULSKI, Mrs. We believe this is a moderate ap- courts. But, again, according to Article MURRAY, Mr. NELSON of Flor- proach to correct the worst abuses, III of the Constitution and our Found- ida, Mr. REED, Mr. ROCKE- while preserving the benefits of class ing fathers, these cases belong in Fed- FELLER, Mr. SARBANES, and Mr. actions. It is both pro-consumer and eral court. Critics making the judicial TORRICELLI): pro-defendant. We believe it will make overload argument also ignore the fact S. 1715. A bill to improve the ability a difference. that this bill does not require that of the United States to prepare for and Mr. HATCH. Mr. President, there is interstate class actions be heard in respond to a biological threat or at- little doubt that serious problems exist Federal courts. It simply provides the tack; to the Committee on Health, within our Nation’s judicial system, es- option for either side. In jurisdictions Education, Labor, and Pensions. pecially in the way that interstate where the State courts provide a rel- Mr. FRIST. Mr. President, I am class action lawsuits are handled and atively level playing field, there is no pleased to rise today on behalf of my- administered in local courtrooms reason to believe that all class actions self, Senator KENNEDY, and a number of across this country. Increasingly, par- will be removed to Federal court. our colleagues to introduce vitally im- ties to class actions have taken to I should also point out that this bill portant legislation, the ‘‘Bioterrorism forum shopping to pick sympathetic would not prohibit any class action Preparedness Act of 2001.’’ This bipar- local courts where, more and more from being filed. It is merely a process tisan bill, which represents the very often, plaintiffs are offered coupon set- or procedural bill. It simply determines best effort of a number of our col- tlements and lawyers are awarded the court in which interstate class ac- leagues in the Senate, responds to the enormous fees. tions with significant national implica- threat of bioterrorism by focusing our According to recent studies, while tions should be adjudicated—that is, in Nation’s efforts to prevent, prepare for Federal class action filings over the Federal court. and respond to any future bioterrorist past 10 years have increased over 300 I urge my colleagues to adopt this attacks. percent, class action filings in State common-sense legislation. Events of recent weeks have made courts have increased over 1,000 per- clear the danger we currently face. In cent. However, interstate class actions By Mr. MCCONNELL: the aftermath of the September 11 at- involve more citizens in more States, S. 1714. A bill to provide for the in- tacks on the World Trade Center and more money, and more interstate com- stallation of a plaque to honor Dr. Pentagon, terrorists have used the merce ramifications than any other James Harvey Early in the Williams- mail to deliver anthrax to commu- type of civil litigation. They are the burg, Kentucky Post Office Building: nities across America. In doing so, they paradigm of what our Framers envi- to the Committee on Governmental Af- have also spread fear across our great sioned when they invented Federal di- fairs. nation and have underscored the versity jurisdiction, as reflected in Ar- Mr. MCCONNELL. Mr. President, I threats that bioterrorism poses. If they ticle III of the Constitution. These ask unanimous consent that the text of had employed a more sophisticated de- State court statistics are even more the bill be printed in the RECORD. livery mechanism, or weaponized troubling in light of the fact that many There being no objection, the bill was smallpox or another communicable State courts have crushing caseloads ordered to be printed in the RECORD, as virus, our health care system may have and far fewer resources available to follows: been overwhelmed. them than their Federal counterparts S. 1714 Last year, Congress enacted bipar- to manage these important and com- Be it enacted by the Senate and House of Rep- tisan legislation to revitalize our pub- plex cases. resentatives of the United States of America in lic health defenses at the local, State The primary reason that interstate Congress assembled, and national levels. The Frist-Kennedy class actions have remained in State SECTION 1. INSTALLATION OF PLAQUE TO ‘‘Public Health Threats and Emer- court despite their complex nature is HONOR DR. JAMES HARVEY EARLY. gencies Act of 2000’’ authorized a series because it is relatively easy for plain- (a) IN GENERAL.—The United States Post- of important initiatives to strengthen tiffs’ class attorneys to defeat both the master General shall install a plaque to the Nation’s public health system, im- honor Dr. James Harvey Early in the Wil- statutory ‘‘complete diversity’’ re- liamsburg, Kentucky Post Office Building lo- prove hospital response capabilities, quirement by adding non-diverse par- cated at 1000 North Highway 23 West, Wil- upgrade the rapid identification and ties and the $75,000 ‘‘amount in con- liamsburg, Kentucky 40769. early warning systems at the Centers troversy’’ requirement by aggregating (b) CONTENTS OF PLAQUE.—The plaque in- for Disease Control and Prevention, individual claims to be less than this stalled under subsection (a) shall contain the CDC, improve the training of health amount. Interestingly, the ‘‘complete following text: professionals to diagnose and care for diversity’’ requirement was adopted by ‘‘Dr. James Harvey Early was born on June victims of bioterrorism, enhance our Congress in the late 1700s, well before 14, 1808 in Knox County, Kentucky. He was research and development capabilities, appointed postmaster of the first United the development of modern class ac- States Post Office that was opened in the and take additional steps necessary to tion lawsuits. town of Whitley Courthouse, now Williams- prevent, prepare for and respond to bio- Simply put, the Class Action Fair- burg, Kentucky in 1829. In 1844 he served in logical attacks. ness Act would allow Federal courts to the Kentucky Legislature. Dr. Early married Today’s legislation, the ‘‘Bioter- adjudicate class actions where the col- twice, first to Frances Ann Hammond, died rorism Preparedness Act of 2001,’’

VerDate Mar 15 2010 03:29 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S11952 CONGRESSIONAL RECORD — SENATE November 15, 2001 builds on the foundation laid by the by the ‘‘Public Health Threats and Emer- and streamlines the functions of two existing Public Health Threats Act, a founda- gencies Act of 2000’’ by authorizing addi- working groups first established under the tion built on prevention, preparedness, tional measures to improve our health sys- ‘‘Public Health Threats and Emergencies Act tem’s capacity to respond to bioterrorism, of 2000.’’ It is responsible for coordinating and response. protect the nation’s food supply, speed the the development of bioterrorism counter- The ‘‘Bioterrorism Preparedness development and production of vaccines and measures, research on pathogens likely to be Act’’ takes a number of steps to pre- other countermeasures, enhance coordina- used in a biological attack, shared standards pare our Nation for these threats. It in- tion of federal activities on bioterrorism, for equipment to detect and protect against cludes important measures to improve and increase our investment in fighting bio- from biological pathogens, national pre- our health system’s capacity to re- terrorism at the local, state, and national paredness and response for biological threats spond to bioterrorism, protect the Na- levels. The legislation would authorize ap- or attacks, and other matters. proximately $3.2 billion in funding for Fiscal Title II also establishes two advisory com- tion’s food supply, speed the develop- mittees to the Secretary. The National Task ment and production of vaccines and Year 2002 (and such sums in years thereafter) toward these activities. Force on Children and Terrorism will report other countermeasures, enhance co- on measures necessary to ensure that the TITLE I—NATIONAL GOALS FOR BIOTERRORISM ordination of government agencies re- health needs of children are met in preparing PREPAREDNESS for and responding to any potential biologi- sponsible for preparing for and respond- Title I of the ‘‘Bioterrorism Preparedness ing to bioterrorism and increase our in- cal attack or event. The Emergency Public Act’’ states that ‘‘the United States should Information and Communications Task vestment in fighting bioterrorism at further develop and implement a coordinated Force will report on appropriate ways to the local, State, and national levels. strategy to prevent and, if necessary, to re- communicate to the public information re- The bill authorizes roughly $3.2 bil- spond to biological threats or attacks.’’ It garding bioterrorism. Both of these commit- lion in fiscal year 2002 emergency fund- further states that it is the goal of Congress tees sunset after one year. ing toward these critical activities. I that this strategy should: (1) provide federal The title also contains a Congressional rec- believe it is important that this fund- assistance to state and local governments in ommendation that there be established an the event of a biological attack; (2) improve official federal internet website on bioter- ing be considered in the context of the public health, hospital, laboratory, commu- rorism to provide information to the public, existing agreement limiting overall ap- nications, and emergency response prepared- health professionals, and others on matters propriations this year to $686 billion in ness and responsiveness at the state and relevant to bioterrorism. The title further addition to the $40 billion emergency local levels; (3) rapidly develop and manufac- requires that states have a coordinated plan supplemental appropriations bill. I will ture needed therapies, vaccines, and medical for providing information relevant to bioter- work very hard to ensure that the pri- supplies; and (4) enhance the safety of the rorism to the public. Additionally, Title II helps the federal gov- orities outlined in this authorization nation’s food supply and protect its agri- culture from biological threats and attacks. ernment better track and control biological legislation are included within this agents and toxins. The Secretary of HHS is TITLE II—IMPROVING THE FEDERAL RESPONSE framework. required to review and update a list of bio- TO BIOTERRORISM The ‘‘Bioterrorism Preparedness Act logical agents and toxins that could pose a of 2001’’ is a comprehensive bill that Title II requires the Secretary of Health severe threat to public health and safety and and Human Services (HHS) to report to Con- takes a major step toward better pre- to enhance regulations regarding the posses- gress within one year of enactment, and bi- sion, use, and transfer of such agents or tox- paring our nation to respond to the ennially thereafter, on progress made toward ins. Violations of these regulations could special challenges posed by biological meeting the objectives of the Act. It provides trigger civil penalties of up to $500,000, and weapons. We have worked diligently statutory authorization for the strategic na- criminal sanctions may be imposed. Existing with many of our colleagues and the tional pharmaceutical stockpile, provides law already regulates the transfer of these administration over the several weeks, additional resources to the Centers for Dis- pathogens. and I believe that the product of those ease Control and Prevention (CDC) to carry TITLE III—IMPROVING STATE AND LOCAL efforts represents a strong bill that in- out education and training initiatives and to PREPAREDNESS CAPABILITIES improve the nation’s federal laboratory ca- cludes some of the best ideas of both Numerous reports in recent years have pacity, and establishes a National Disaster found the nation’s public health infrastruc- Republicans and Democrats. Medical Response System of volunteers to I know the bill is stronger due to the ture lacking in its ability to respond to bio- respond, at the Secretary’s direction, re- logical threats or other emergencies. For ex- input of so many of our colleagues and spond to national public health emergencies ample, nearly 20 percent of local public the leadership and guidance of the ad- (with full liability protection, re-employ- health departments have no e-mail capa- ministration, and I would like to thank ment rights, and other worker protections bility, and fewer than half have high-speed several of my colleagues for their ef- for such volunteers similar to those cur- Internet or broadcast facsimile transmission forts. Specifically, I would like to rently provided to those who join the Na- capabilities. Before September 11, only one tional Guard). thank Senator COLLINS for her con- in five U.S. hospitals had bioterrorism pre- The bill further amends and clarifies the paredness plans in place. tributions regarding food safety and procedures for declaring a national public Title III addresses this situation by includ- the appropriate emphasis on children, health emergency and expands the authority ing several enhanced grant programs to im- Senator HUTCHINSON for his assistance of the Secretary during the emergency pe- prove state and local public health prepared- with the provisions related to vaccine riod. In declaring such an emergency, the ness. In addition to converting the current development and production, Senator Secretary must notify Congress within 48 public health core capacity grants estab- hours. Such emergency period may not be ROBERTS and Majority Leader DASCHLE lished under the ‘‘Public Health Threats and longer than 180 days, unless the Secretary for their contributions to this bill in Emergencies Act of 2000’’ to non-competitive determines otherwise and notifies Congress grants, the bill replaces the current 319F the area of agricultural safety, and of such determination. During that emer- competitive bioterrorism grant with a new many of our other colleagues who con- gency period, the Secretary may waive cer- state bioterrorism emergency program that tributed in a bipartisan way—Senators tain data submittal and reporting deadlines. provides resources to states based on popu- GREGG, HAGEL, DEWINE, HATCH, MIKUL- A recent report by the General Accounting lation and that would guarantee each state a SKI, DODD, and CLINTON. Office raised concerns about the lack of co- minimum level of funding for preparedness I look forward to working with my ordination of federal anti-bioterrorism ef- activities. States must develop bioterrorism forts. Therefore, the bill contains a number preparedness plans to be eligible for such colleagues to see that this important of measures to enhance coordination and co- legislation becomes law this year. funding. Activities funded under this grant operation among various federal agencies. include conducting an assessment of core I ask unanimous consent that a sum- Title II establishes an Assistant Secretary public health capacities, achieving the core mary of the bill be printed in the for Emergency Preparedness at HHS to co- public health capacities, and fulfilling the RECORDS. ordinate all functions within the Depart- bioterrorism preparedness plan. This pro- There being no objection, the mate- ment relating to emergency preparedness, gram would only be authorized for two years. rial was ordered to be printed in the including preparing for and responding to bi- The bill also establishes a new grant pro- ological threats and attacks. gram for hospitals that are part of consortia RECORD, as follows: Title II also creates an interdepartmental with public health agencies, and counties or SUMMARY—THE BIOTERRORISM PREPAREDNESS Working Group on Bioterrorism that in- cities. To be eligible for the grant, the hos- ACT OF 2001 cludes the Secretaries of HHS, Defense, Vet- pital’s grant proposal must be consistent The ‘‘Bioterrorism Preparedness Act of eran’s Affairs, Labor, and Agriculture, the with their state’s bioterrorism preparedness 2001’’ is designed to address gaps in our na- Director of the Federal Emergency Manage- plan. Using these grants, hospitals with ac- tion’s biodefense and surveillance system ment Agency, the Attorney General of the quire the capacity to serve as regional re- and our public health infrastructure. This United States, and other appropriate federal sources during a bioterrorist attack. This new legislation builds on the foundation laid officials. The Working Group consolidates program is authorized for five years.

VerDate Mar 15 2010 03:29 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00084 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY November 15, 2001 CONGRESSIONAL RECORD — SENATE S11953 TITLE IV—DEVELOPING NEW COUNTERMEASURE Title V also includes several measures to attack. Many departments were forced AGAINST BIOTERRORISM help safeguard the nation’s agriculture in- to put aside other major public health To better respond to bioterrorism, Title IV dustry from the threats of bioterrorism. To- responsibilities. ward this end, it contains a series of grants expands our nation’s stockpile of smallpox Hospitals across the country have vaccine and critical pharmaceuticals and de- and incentives to help encourage the devel- vices. The bill also expands research on bio- opment of vaccines and antidotes to protect immediate needs. According to the logical agents and toxins, as well as new the nation’s food supply, livestock, or crops, American Public Health Association, treatments and vaccines for such agents and as well as preventing crop and livestock dis- hospitals are hard-pressed even during toxins. eases from finding their way to our fields a heavy flu season, and could not cope Since the effectiveness of vaccines, drugs, and feedlots. with a lethal contagious disease like and therapeutics for many biological agents It also authorizes emergency funding to smallpox. and toxins often may not ethically be tested update and modernize USDA research facili- in humans, Title IV ensures that the Food ties at the Plum Island Animal Disease Lab- The Bioterrorism Preparedness Act and Drug Administration (FDA) will finalize oratory in New York, the National Animal we are proposing will address these de- by a date certain its rule regarding the ap- Disease Center in Iowa, the Southwest Poul- ficiencies. It provides new resources for proval of new countermeasures on the basis try Research Laboratory in Georgia, and the bioterrorism preparedness to the of animal data. Priority countermeasures Animal Disease Research Laboratory in Wy- States under a formula that guarantees will also be given enhanced consideration for oming. Also, it funds training and imple- help to each State. These resources expedited review by the FDA. ments a rapid response strategy through a Because of the lack of or limitations on a will be available to improve hospital consortium of universities, the USDA, and readiness, equip emergency personnel, market for vaccines for these agents and tox- agricultural industry groups. enhance State planning, and strength- ins, Title IV gives the Secretary of HHS au- Mr. KENNEDY. Mr. President, it is a en the ability of public health agencies thority to enter into long-term contracts privilege to join my distinguished col- with sponsors to ‘‘guarantee’’ that the gov- to detect and contain dangerous dis- league, Senator FRIST, to introduce ernment will purchase a certain quantity of ease outbreaks. this bipartisan legislation to respond a vaccine at a certain price. The government Federal stockpiles of antibiotics, has the authority, through an existing Exec- to one of the most severe dangers of utive Order, to ensure that sponsors through terrorism, the grave threat of bioter- vaccines, and other medical supplies these contracts will be indemnified by the rorist attacks. I commend Senator are an essential part of the national re- sponse. We have a strategic petroleum government for the development, manufac- FRIST for his impressive continuing ture and use of the product as prescribed in leadership on this vital issue. reserve to safeguard our energy supply the contract. in times of crisis. We need a strategic Title IV also provides a limited antitrust We are all well aware of the emer- gency we face. In recent weeks, 15 an- pharmaceutical reserve as well, to en- exemption to allow potential sponsors to dis- sure that we have the medicines and cuss and agree upon how to develop, manu- thrax cases stretched our health care facture, and produce new countermeasures, system to the breaking point. A larger vaccines stockpiled to respond to bio- including vaccines, and drugs. Federal Trade attack could be a disaster for whole terrorist attacks. Our legislation es- Commission and the Department of Justice communities of Americans. The an- tablishes this reserve, and authorizes approval of such agreements is required to thrax attack of the past weeks has the development of sufficient smallpox ensure such agreements are not anti-com- and other vaccines to meet the needs of petitive. sounded the alarm. The clock is tick- ing on America’s preparedness for a fu- the entire U.S. population. TITLE V—PROTECTING OUR NATION’S FOOD The legislation will also help protect SUPPLY ture attack. We’ve had the clearest possible warning, and we can’t afford the safety of the food supply, through With 57,000 establishments under its juris- increased research and survelliance of diction and only 700–800 food inspectors, in- to ignore it. We know that hundreds, cluding 175 import inspectors for more than even millions, of lives may be at dangerous agricultural pathogens. 300 ports of entry, FDA needs increased re- stake—and we’re not ready yet. Every day we delay means that sources for inspections of imported food. The The needs are great. A summit meet- States can’t buy the equipment to im- President’s emergency relief budget included ing of experts in bioterrorism and pub- prove their labs and hire the personnel a request for $61 million to enable FDA to lic health concluded that $835 million they need. It means another day in hire 410 new inspectors, lab specialists and which hospitals can’t purchase stocks other experts, as well as invest in new tech- was needed just to address the most nology and equipment to monitor food im- pressing needs for public health at the of antibiotics or add emergency room ports. State and local levels. capacity. It means further delay in Title V grants FDA needed authorities to The National Governor’s Association building up pharmaceutical stockpiles ensure the safety of domestic and imported has said that states need $2 billion to and producing essential vaccines. We food. It allows FDA to use qualified employ- improve readiness for bioterrorism. face an extraordinary threat, and we ees from other agencies and departments to John Hopkins is spending $7.5 million must take immediate action to combat help conduct food inspections. Any domestic it. or foreign facility that manufacturers or to improve its ability to serve as a re- processes food for use in the U.S. must reg- gional bioterrorism resource for Balti- Our legislation draws on the work ister with FDA. Importers must provide at more. Equipping just one hospital to and suggestions of numerous col- least four hours notice of the food, the coun- this level in each of 100 cities across leagues on both sides of the aisle. One try of origin, and the amount of food to be America would cost $750 million. of the important areas addressed in the imported. FDA also receives authority to Clearly, our legislation is an impor- legislation is the threat of agricultural prevent ‘‘port-shopping’’ by making food bioterrorism. Deliberate introduction shipments denied entry at one U.S. port to tant downpayment on preparedness. ensure such shipments to do reappear at an- But we must make sure that our com- of animal diseases could pose grave other U.S. port. mitment to achieving full readiness is dangers to the safety of the food sup- The bill gives additional tools to FDA to sustained in the weeks and months to ply. Such acts of agricultural bioter- ensure proper records are maintained by come. rorism would also be economically dev- those who manufacture, process, pack, trans- Since September 11, the American astating. The outbreaks of ‘‘mad cow’’ port, distribute, receive, hold or import food. people have supported our commitment disease in Europe cost over $10 billion, The FDA’s ability to inspect such records of billions of dollars and thousands of and the foot and mouth outbreak cost will strengthen their ability to trace the billions more. We must guard against source and chain of distribution of food and troops to battle terrorism abroad. But to determine the scope and cause of the adul- Americans also want to be safe at this danger. teration or misbranding that presents a home. We have an obligation to every Protecting the safety of the food sup- threat of serious adverse health con- American that we will do no less to ply is a central concern in addressing sequences or death to humans or animals. protect them against terrorism at the problem of bioterrorism. Senator Importantly, the bill also enables FDA to de- home than we do to fight terrorism CLINTON, Senator MIKULSKI, Senator tain food after an inspection for a limited pe- abroad. HARKIN, Senator COLLINS and Senator riod of time if such food is believed to The need for help at the State and DURBIN have all contributed thoughtful present a threat of serious adverse health consequences or death to humans or animals. local level is especially urgent. In the proposals about food safety. Our bill The FDA may also debar imports from a per- first 3 weeks of October alone, State will enable FDA and USDA to protect son who engages in a pattern of seeking to health departments spent a quarter bil- the Nation’s food supply more effec- import such food. lion dollars responding to the anthrax tively.

VerDate Mar 15 2010 03:29 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00085 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S11954 CONGRESSIONAL RECORD — SENATE November 15, 2001 We’re grateful for the leadership of sionate advocacy for the needs of those rorism, he declared, ‘‘We need to recog- other Senators who have made signifi- with mental illnesses. In the event of a nize the central role of public health cant contributions to this legislation. terrorist attack, thousands of persons and medicine in this effort and engage Senator BAYH and Senator EDWARDS would have mental health needs, and these professionals fully as partners on contributed important proposals on our legislation includes key proposals the national security team.’’ There are providing block grants to states, so by Senator WELLSTONE to address these many good things in this bill, ranging that each State will be able to increase needs. from the expansion of the National its preparedness. Their proposal en- Mobilizing the nation’s pharma- Pharmaceutical Stockpile to efforts to sures that each state will receive at ceutical and biotech companies so that enhance food safety, but I am espe- least a minimum level of funding. they can fully contribute to this effort cially please that the Bioterrorism We’re also grateful for the contribu- is critical. Senators LEAHY, HATCH, Preparedness Act provides direct tions that many of our distinguished DEWINE, and KOHL made thoughtful grants to improve the public health in- colleagues have made to address the contributions to the antitrust provi- frastructure at the State and local special needs of children. Senator sions of the bill, which will help en- level. Our doctors, nurses, emergency DODD, Senator COLLINS, Senator CLIN- courage a helpful public-private part- medical technicians, and other public TON, Senator DEWINE and Senator nership to combat bioterrorism. health personnel are our eyes and ears This legislation is urgent because the MURRAY have emphasized the crucial on the ground for detecting a biological need to prepare for a bioterrorist at- needs of children relating to bioter- weapons attack. We can’t afford not to tack is urgent. I look forward to its rorism. The legislation includes impor- do everything we can to make sure prompt passage so that the American tant initiatives to provide for the spe- they have the necessary tools and re- people can have the protection they cial needs of children and other vulner- sources in containing any BW attack. need. able populations. Mr. BIDEN. Mr. President, I am This bill goes a long way towards ful- The events of recent weeks have proud to be an original cosponsor of filling that core commitment. So I strongly support the Bioter- shown the importance of effective com- the Bioterrorism Preparedness Act, a rorism Preparedness Act and I look for- munication with the public. Our legis- comprehensive package of measures to ward to its early passage and entry lation incorporates proposals on im- improve our Nation’s capability to re- into law before the Congress adjourns proving communication offered by sev- spond to a future biological weapons eral of our colleagues. Senator CARNA- attack against the United States. This for the year. But I am deeply concerned HAN has recognized the importance of that the bill ignores the international bill, introduced by Senators KENNEDY the internet in providing information aspects to any effective response to po- and FRIST, would authorize $3.25 billion to the public. The legislation includes in funding for fiscal year 2002, a sub- tential bioterrorism. As chairman of the provisions of her legislation to es- stantial boost in resources for the the Foreign Relations Committee, I tablish the official Federal internet measures outlined in the bill. I applaud know that we cannot address the threat of bioterrorism within the bor- site on bioterrorism, to help inform the Senators KENNEDY and FRIST for com- public. ing together in a bipartisan spirit and ders of the United States alone. Senator MIKULSKI also contributed putting forth a bill that takes the first Let me be clear, a biological weapons provisions on improving communica- important step towards truly pro- attack need not originate in the United tion with the public. The high level, tecting our Nation against future acts States to pose a threat to our Nation. blue ribbon task force can provide vi- of bioterrorism. When Sam Nunn testi- A dangerous pathogen deliberately re- tally needed insights on how best to fied in early September before the For- leased anywhere in the world can provide information to the public. Sen- eign Relations Committee on the quickly spread to the United States in ator MIKULSKI also recommended ways threat posed by biological weapons, he a matter of days, if not hours. The to ensure that states have coordinated was very clear, bioterrorism is a direct scope and frequency of international plans for communicating information threat to the national security of the trade, travel, and migration patterns about bioterrorism and other emer- United States and we need to invest offer unlimited opportunities for gencies to the public. the necessary resources to counter this pathogens to spread across national The Centers for Disease Control and threat accordingly. borders and even to move from one Prevention have a leading role in re- As troubling as the recent spate of continent to another. Therefore, we sponding to bioterrorism. Senator anthrax by mail attacks was, we were need to view all infectious disease CLELAND has been an effective and very fortunate that this was a com- epidemics, wherever they occur, as a skillful advocate for the needs of the paratively small-scale attack. Seven- potential threat to all nations. CDC. Our legislation today incor- teen Americans contracted inhalation It is for this reason that Senator porates many of the proposals intro- or cutaneous anthrax; unfortunately, HELMS, the distinguished ranking duced by Senator CLELAND in his legis- four individuals died. The next time a member on the Foreign Relations Com- lation on public health authorities. biological weapons attack occurs, we mittee, and I worked together in seek- Hospitals are also one of the keys to may not be so fortunate in dealing ing to insert provisions in this bill to an effective response to bioterrorism. with a small number of victims who enhance global disease monitoring and We must do more to strengthen the emerge over a period of weeks. Instead, surveillance. With Senator KENNEDY’s ability of the nation’s hospitals to cope we may face thousands of victims strong backing, we wanted to ensure with bioterrorism. Senator CORZINE has flooding local emergency rooms and the full availability of information, i.e. proposed to strengthen designated hos- overwhelming our hospitals in a mat- disease characteristics, pathogen pitals to serve as regional resources for ter of hours. Let’s be real here, the an- strains, transmission patterns, on in- bioterrorism preparedness, I commend thrax attacks, as small-scale as they fectious epidemics overseas that may him for his thoughtful proposal, which have been, have greatly stressed our provide clues indicating possible illegal we have incorporated into the legisla- national public health infrastructure. biological weapons use or research. tion. One out of every eight Centers for Dis- Even if an infectious disease outbreak We must also ensure that we monitor ease Control employees at their head- occurs naturally, improved monitoring dangerous biological agents that might quarters in Atlanta is working on the and surveillance can help contain the be used for bioterrorism. There is a se- current anthrax outbreak, forcing the epidemic and tip off scientists and pub- rious loophole in current regulations, CDC to sideline other essential core ac- lic health professionals to new diseases and we are grateful for the proposals tivities for the time being. Folks, what that may be used as biological weapons offered by Senator DURBIN and Senator we have just been through is small po- in the future. FEINSTEIN to achieve more effective tatoes compared to what we poten- The World Health Organization, control of these pathogens. tially will face. Plain and simple, we WHO, established a formal worldwide In a biological threat or attack, men- can’t afford to be so underprepared in network last year, called the Global tal health care will be extremely im- the future. Alert and Response Network, to mon- portant. We are indebted to Senator Among Sam Nunn’s recommenda- itor and track infectious disease out- WELLSTONE for his skillful and compas- tions for countering biological ter- breaks in every region of the world.

VerDate Mar 15 2010 03:29 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00086 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY November 15, 2001 CONGRESSIONAL RECORD — SENATE S11955 The WHO has done an impressive job so should be dropped from this bill. While weapons by rogue nations or groups.’’ I far working on a shoestring budget. administration officials assured me am hopeful that a majority of my col- But this global network is only as good that they liked our ideas, they asserted leagues will recognize we cannot leave as its components, individual nations. any bioterrorism bill passed this year the rest of the world to fend for itself Many developing nations simply do not should only include those provisions in combating biological weapons and possess the personnel, laboratory that carry a domestic focus and meet infectious diseases in general if we are equipment or public health infrastruc- the test of urgency. to ensure America’s security as well. ture to track disease patterns and de- Let me respond to those arguments. Mrs. CARNAHAN. Mr. President, I tect traditional and emerging patho- It is extremely short-sighted to draw rise in strong support of the Bioter- gens. In fact, these nations often just artificial boundaries between ‘‘domes- rorism Preparedness Act. I am proud to seek to keep up in treating those who tic’’ and ‘‘international’’ responses to join Senator KENNEDY, Senator FRIST, have already fallen ill. bioterrorism. I have already pointed and Senator GREGG as an original co- Doctors and nurses in many devel- out that pathogens deliberately re- sponsor of this timely bipartisan legis- oping countries only treat a small frac- leased in an attack anywhere in the lation. Senator KENNEDY and Senator tion of the patients who may be ill world can quickly spread to the United FRIST have been leaders on this issue with a specific infectious disease—in States if we are unable to contain the even before the events of September 11. effect, they are only witnessing the tip epidemic at its source. The National In June of 2000, they introduced the of a potentially much larger iceberg. Intelligence Council has concluded Public Health Threats and Emer- According to the National Intelligence that infectious diseases are a real gencies Act, which was enacted into Council, governments in developing threat to U.S. national security. To ig- law last year. countries in Africa and Asia have es- nore the international arena in favor of The recent anthrax attacks have tablished rudimentary or no systems at domestic solutions alone is profoundly shown that Congress must do much all for disease surveillance, response or misguided. As for urgency, I can think more to prepare our country for pos- prevention. For example, in 1994, an of few things more urgent than taking sible future bioterrorist attacks. We outbreak of plague occurred in India, the necessary steps to respond to bio- need to e4nsure that all of our commu- nities across the country, both rural resulting in 56 deaths and billions of terrorism in a global context. Ameri- and urban, are equipped to respond to a dollars of economic damage as trade cans have been repeatedly warned by bioterrorism attack in the event that and travel with India ground to a halt. their government leaders to expect other terrorist attacks in the near fu- such an unfortunate act should occur. The plague outbreak was so severe be- The Bioterrorism Preparedness Act ture; we cannot limit ourselves to cause Indian authorities did not catch would put in place a comprehensive na- thinking these attacks will occur in a the epidemic in its early stages. Au- tional strategy to combat bioter- conventional form or location. Just thorities had ignored or failed to re- rorism. This legislation would improve this fall, the WHO has had to respond spond to routine complaints of flea in- preparedness at the Federal, State, and to natural outbreaks of hemorrhagic festation, a sure warning signal for local levels. It would increase invest- fever in Pakistan and yellow fever in plague. ments in public health surveillance Owing to the lack of resources, devel- the Ivory Coast. An effective global systems and public health laboratories oping nations are the weak spots in disease surveillance network cannot to improve our ability to detect an at- global disease monitoring and surveil- come into existence soon enough. tack. Moreover, the Act would I therefore intend to offer an amend- lance. Without shoring up these na- strengthen our ability to contain the ment, when this bill comes to the floor tions’ capabilities to detect and con- spread of a bioterrorism attack by in- later this year, to re-insert the provi- tain disease outbreaks, we are leaving creasing the Nation’s stockpile of vac- sions to enhance the capabilities of de- the entire world vulnerable to either a cines and treatments. deliberate biological weapons attack or veloping nations to track, diagnose, One critical component of a national an especially virulent naturally occur- and contain disease outbreaks result- strategy on bioterrorism is commu- ring epidemic. ing from both BW attacks and natu- nication between the government and Therefore, Senator HELMS and I rally occurring epidemics. It is not my the public. Americans have many ques- worked together in proposing language intention to slow down this overall bill tions about what bioterrorism is and for this bill to authorize $150 million in or raise any obstacles; on the contrary, how they can protect their families. fiscal year 02 and fiscal year 03 to I want to see comprehensive bioter- They need a reliable source of informa- strengthen the capabilities of indi- rorism legislation reach the Presi- tion where they can go to get accurate vidual nations in the developing world dent’s desk this year. But we cannot answers to their questions, thereby al- to detect, diagnose, and contain infec- address the full scope of the threat leviating some of their anxiety and tious disease epidemics. The proposed posed by biological weapons without fears. Several weeks ago, I introduced title would have helped train entry- including the international component the Bioterrorism Awareness Act, S. level public health professionals from of the solution. 1548, to address this need. S. 1548 calls developing countries and provide Let me close with an excerpt of testi- for the creation of a single website con- grants for the acquisition of modern mony from the Foreign Relations Com- taining information on bioterrorism laboratory and communications equip- mittee hearing on bioterrorism in Sep- that would serve as the official federal ment essential to any effective disease tember from Dr. D.A. Henderson, the government source of information for surveillance network. Upon first man who spearheaded the international the public. This website will provide glance, $150 million is chump change in campaign to eradicate smallpox in the ‘‘one-stop shopping’’ for people who a bill that authorizes more than $3 bil- 1970s. Today, he is the director of the need to find answers to questions about lion. But I have been assured by public newly-formed Office of Emergency Pre- bioterrorism. For so many of us, the health experts that $150 million alone paredness in the Department of Health fear of bioterrorism is a fear of the un- can go a long ways in making sure that and Human Services, which has the known. Knowledge is power, and the developing countries acquire the basic mandate to help organize the Federal more knowledge we have about ter- disease surveillance and monitoring ca- Government’s response to future bio- rorism, the more power we have to pabilities to effectively contribute to terrorist attacks. Dr. Henderson was overcome our fears. the WHO’s global network. The bottom very clear on the value of global dis- I am pleased that my proposal has line is that these provisions would have ease surveillance: ‘‘In cooperation with been included as a key part of the na- offered an inexpensive, commonsense the WHO and other countries, we need tional communications strategy in the solution to a problem of global propor- to strengthen greatly our intelligence Bioterrorism Preparedness Act. This tions. gathering capability. A focus on inter- legislation calls for the creation of a I was greatly disappointed, therefore, national surveillance and on scientist- new official Federal website to serve as when the White House weighed in late to-scientist communication will be the definitive source of bioterrorism in the negotiations and expressed its necessary if we are to have an early for the public and other targeted popu- strong insistence that the language warning about the possible develop- lations. For example, farmers and oth- Senator HELMS and I worked out ment and production of biological ers individuals involved in the Nation’s

VerDate Mar 15 2010 03:29 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00087 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S11956 CONGRESSIONAL RECORD — SENATE November 15, 2001 food supply need accurate information As the fight against terrorism heats grams will provide the resources and on bioterrorism. This website would in- up, it is critical that we dedicate suffi- expertise that will prove invaluable in clude information geared specifically cient resources to the growing threat the war on agricultural bioterrorism. towards the needs of agricultural work- of bioterrorism. This legislation will This is the first modern war where ers and the unique challenges they enhance the capabilities of Federal, the front lines lie on our own shores, might encounter in the event of a bio- State, and local governments to coordi- farms and fields, but I know we are up terrorism attack on our food supply. I nate emergency preparedness efforts, to the challenge, especially as Texas encourage the development of this stockpile vaccines and medical sup- will proudly serve as one of the States website as soon as possible. plies, link channels of communication, on the first lines of defense for our en- The Bioterrorism Preparedness Act modernize biosecurity facilities, and tire country. States where agriculture also contains other provisions aimed at ensure the safety of America’s health is critical are vulnerable to a bioter- protecting our food supply. It recog- and food supply. In other words, it will rorism attack, but they will also prove nizes that our Nation’s food supply help the U.S. protect its citizens. invaluable in the war on bioterrorism cannot be left vulnerable to a terrorist I am proud to have worked with my when they provide the first evidence of attack. The bill would authorize funds colleague, Senator ROBERTS, to address an attack. to increase the Food and Drug Admin- the concerns about our food supply and To protect our citizens, our economy istration’s authority to perform food vital agricultural economies. The agri- and our food supply, I urge my col- inspections. It would also authorize cultural bioterrorism provisions in this leagues to support the Bioterrorism funds to improve security at facilities legislation will authorize the U.S. De- Preparedness Act of 2001. belonging to the Department of Agri- partment of Agriculture, USDA, to culture, the Department of Health and strengthen its capacities to identify, By Mr. KERRY (for himself, Mr. Human Services, and universities prepare for, and respond to such bioter- STEVENS, Mr. HOLLINGS, Mr. across the country, where potential rorism threats to our farms, ranches, INOUYE, and Mr. AKAKA): animal and plant pathogens are housed livestock, poultry, crops, and food S. 1716. A bill to speed national ac- or researched. processing, packaging, and distribution tion to address global climate change, I know that farmers in Missouri, as facilities and systems. and for other purposes; to the Com- well as across the country, are con- We have a clear priority to ensure mittee on Commerce, Science, and cerned about protecting their crops and the safety of our food, and to maintain Transportation. livestock. A terrorist attack on these the public’s confidence regarding this. Mr. KERRY. Mr. President, I rise be- targets has the potential to not only To do so, we must identify and quickly fore you today to introduce the Global disrupt the food supply in the U.S., but control the threats to our food supply, Climate Change Act of 2001. I am throughout the world. The potential currently the world’s safest and most pleased to have Senators STEVENS, economic impact on farmers’ livelihood abundant and affordable. HOLLINGS, INOUYE, and AKAKA join me would be devastating to them and their Bioterrorism has always been a ques- as original cosponsors. families. The food safety provisions in tion of when it would strike, not could We face a fundamental environ- this bill go far in protecting this essen- it occur, especially since the cold war. mental challenge. Scientists have tial national resource. During the cold war, it was known that warned that pollution and deforest- Another key component in dealing the former Soviet Union had a bio- ation are raising atmospheric con- with bioterrorism is providing states weapons program that included bio- centrations of greenhouse gases, rais- with the resources to be equipped to re- agents aimed at agriculture, while dur- ing global temperatures and altering spond. The bill would award block ing the gulf war our own soldiers have the world’s climate system with ad- grants to states for improving pre- shown evidence of possible use of bio- verse and potentially catastrophic im- paredness and coordination in the logical weapons. From the terrorist at- plications for the global environment. event of an attack. These grants would tacks on Japan’s subway system to the And, while sea levels rise, species ex- allow States to improve their surveil- foot-and-mouth and ‘‘mad-cow’’ disease tinction, drought, disease migration lance and detection capabilities. Fur- outbreaks in Europe to the recent an- and other potential impacts cannot be ther, they would allow states to bolster thrax attacks here, even the public is known with certainty, we know enough their public health infrastructure to now acutely aware of this threat. to understand that the threat of harm best protect the public from an attack. For this reason, this bill is critical, is real and that worst-case scenarios These block grants are especially im- both for the results it will achieve and under current ‘‘business-as-usual’’ portant because when it comes to pro- the reassurance it will provide. USDA practices are disastrous. tecting our nation from terrorism, the will be expanded to enhance inspection The best indicator that other nations Federal Government cannot do it capability, implement new information believe action is desperately overdue is alone. We need the cooperation and technology, and develop methods for the conclusion of an agreement to im- support of State and local governments rapid detection and identification of plement the Kyoto Protocol last week to protect the citizens at all levels. plant and animal disease. USDA’s Vet- in Marrakesh, Morocco. Incredibly, the These funds will help ensure that State erinary Services will be authorized to Marrakesh Accords, under which rules governments have the resources they establish cooperative agreements with for compliance and international need to prevent and respond to a bio- state animal health commissions and greenhouse gas emissions trading were terrorism attack. regulatory agencies for livestock and reached, were concluded without U.S. This bipartisan legislation would poultry health, and private veterinary support. allow our Nation to improve its ability practitioners to enhance its ability to Although the Administration aban- to prevent, detect, contain, and re- respond to outbreaks of animal disease. doned the Kyoto process in March, to spond to a possible bioterrorist attack. We must emphasize and promote col- our national detriment, it is critical In this time of uncertainty, prepara- laboration to strengthen America’s re- that the United States map out a clear tion is our best defense. This bill pro- search and development capacity. path to reduce greenhouse gas emis- vides the necessary resources to Therefore, USDA is instructed to es- sions across the economy. In the Com- strengthen that defense throughout all tablish a Consortium for Counter- merce Committee we have held several levels of government—Federal, State, measures Against Agricultural Bioter- hearings to examine the science and and local. I urge my colleagues to sup- rorism to form long-term programs of the solutions to global warming. We port the ‘‘Bioterrorism Preparedness research and development to enhance have heard testimony about the poten- Act’’ and to act on it expeditiously. the biosecurity of U.S. Agriculture. tial for wind and other renewable en- Mrs. HUTCHISON. Mr. President, America’s institutes of higher edu- ergy to provide our nation the power it along with Senators FRIST, ROBERTS, cation that have a demonstrated exper- needs emissions free. We have heard COLLINS, BOND, HAGEL, SNOWE, DEWINE, tise in animal and plant disease re- from companies leading the push for and other colleagues, I rise today in search, strong linkages with diagnostic hydrogen fuel cells to provide distrib- support of the Bioterrorism Prepared- laboratories, and strong coordination uted generation and transportation en- ness Act of 2001. with state cooperative extension pro- ergy with low emissions. And we’ve

VerDate Mar 15 2010 03:29 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00088 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY November 15, 2001 CONGRESSIONAL RECORD — SENATE S11957 heard from automakers designing the scientific and technical expertise in nities to plan for change on a 20–50 technology for more fuel efficient cars. our climate change oversight role. The year time horizon. The bill would re- The Commerce Committee has jurisdic- bill would create a Science and Tech- quire NOAA to evaluate vulnerability tion over of the Corporate Average nology Assessment Service that would of regions of the United States, par- Fuel Economy, CAFE, program and provide ongoing science and tech- ticularly coastal regions, to effects of will continue a series of hearings on nology advice to Congress. Since the climate change, including drought and the issue that was delayed by the at- Office of Technology Assessment, OTA, sea level rise, and develop a strategy tacks of September 11. The United was eliminated in 1995, experts agree for helping states deal with the issues. States must assert itself as a leader in that Congress has suffered from lack of The bill also directs NOAA to work research, development and deployment ongoing, credible advice. While some with NASS to develop remote sensing of these and other technologies. objected to the OTA structure, all technologies that will help coastal The Global Climate Change Act of agree that expert technical advice for managers identify hazards and make 2001 would help us move down a path of Congress is essential to ensuring we intelligent planning decisions. scientific understanding, research, pol- hold up our end in efforts to make This legislation neatly rolls into one icy innovation and technological inno- progress on this important issue. Con- package key components of any na- vation. The bill will complement other gressional requests for advice are over- tional plan to address climate change: legislation under consideration in burdening the National Academy of coordinated research, monitoring, re- other Senate committees for reducing Sciences and threatening to com- porting and verification, mitigation our greenhouse gas emissions, as well promise its independent stature. The technology, impact assessment, and ad- as legislation to improve CAFE in the bill would economize on resources and aptation planning. This package is but Commerce Committee. The Global Cli- personnel by utilizing the administra- one of many I hope to see my col- mate Change Act of 2001 will also pro- tive services of the Library of Congress leagues in Congress develop to help the vide a solid technical basis upon which and the expertise of the National Re- United States reduce the threat of to build any future greenhouse emis- search Council, and provide an ongoing global climate change now. The Cli- sions tracking, reduction, or trading separate service to Congress that will mate Change meetings in Marrakesh programs. not threaten compromise NAS’s inde- last week show that other nations are The bill contains provisions aimed at pendent role. ready to act. We can, and must, do the bringing the world-class science, tech- Fourth, the bill revises the Global same, even without leadership from nology, and planning expertise of the Change Research Act of 1990 and the this Administration. National Oceanic and Atmospheric Ad- National Climate Program Act, so that Mr. HOLLINGS. Mr. President, I am ministration, NOAA, the National In- interagency and Commerce Depart- pleased to join Senator KERRY as a co- stitute of Standards and Technology, ment programs focus on improving de- sponsor of the Global Climate Change NIST, and other Department of Com- tection, modeling and regional impact Act of 2001. The Senate Commerce merce programs to bear on this prob- assessments and are better managed to Committee has worked hard to ensure lem, whether it is in climate observa- provide useful information to govern- that the Federal Government has the tion, measurement and verification, in- ment decisionmakers and managers. In best research and information possible formation management, modeling and addition, the legislative changes would about global warming, as well as other monitoring, technology development direct improvements in atmospheric types of climate changes. Our invest- and transfer, or hazards planning and monitoring and establish a new inte- ments are bearing fruit and we are prevention. grated coastal and ocean observing sys- identifying ways to focus our research First, the bill would endorse the ele- tem to ensure we understand and pre- to help us make decisions now and in vation of climate change issues in the dict the role of oceans in climate. Fi- the decades ahead. Administration, identifying the Office nally, it would create an integrated During the 1980s, a number of us on of Science and Technology Policy, program office for the USGCRP within the Committee became increasingly OSTP, as the coordinating entity in the Office of Science and Technology concerned about the potential threat of the White House. An interagency task Policy to ensure budget coordination, global warming and loss of the ozone force on global climate change action using models established under the layer. In 1989, I sponsored the National chaired by the Secretary of Commerce multiagency National Oceanographic Global Change Research Act, which at- would be responsible for developing a Partnership Program and the NPOESS, tracted support from many members multi-faceted climate change action polar satellite, convergence process. still serving on the Commerce Com- strategy, including development of Fifth, the bill addresses a critical mittee. In 1990, after numerous hear- mitigation approaches. component of reducing greenhouse gas ings and roundtable discussions, Con- Second, it would create an emissions emissions: technology innovation. The gress enacted the legislation, thereby reporting system to ensure accurate bill is aimed at increasing the Depart- creating the U.S. Global Climate Re- measurement, reporting, and verifica- ment of Commerce’s technology inno- search Program. tion of greenhouse gas emissions, vation role in reducing greenhouse gas When we passed the Global Change which is essential to any efforts to re- emissions. Specifically, it would utilize Research Act, we knew it was the first duce our emissions. The bill utilizes the Advanced Technology Program, step in investigating a very complex the technical capabilities of the NIST ATP, to promote and commercialize problem. We placed a lot of responsi- and NOAA to establish uniform and energy efficient technologies and the bility in NOAA, the scientific agency credible new measurement methods Manufacturing Extension Program for best suited to monitor and predict and technologies. It establishes a man- small manufacturers. This section ocean and atmospheric processes. We datory reporting system for greenhouse would also direct NIST to develop need to renew this ocean research com- gas emissions for entities operating in methods and technologies, including mitment to ensure we better under- the U.S. with significant emissions. process improvements, that can be stand the oceans, the engines of cli- The system will maximize complete- used in a variety of sectors to reduce mate. The so-called ‘‘wild card’’ of the ness, accuracy and transparency and production of greenhouse gases. climate system, the oceans are capable minimize costs for covered entities. It Finally, we must admit that even if of dramatic climate surprises we will be designed to ensure interoper- we stopped all greenhouse gas emis- should strive to comprehend. ability of any U.S., state or inter- sions tomorrow, the effects of climate I am glad to report that the research national system of reporting and trad- change and variability will not end. It accomplished under the National Glob- ing greenhouse gas emissions. It would is in our interest to undertake assess- al Change Research Act has led to in- also require Commerce to issue annual ments and actions now that will help creased understanding of global cli- reports showing greenhouse gas emis- us address safety and infrastructure mate change, as well as regional cli- sions and trends, including areas where issues that will likely accompany cli- mate phenomena like El Nino/Southern reductions have occurred. mate variability and change in the fu- Oscillation, ENSO. We now have a bet- Third, the bill would ensure that we ture. There is currently no way for ter understanding of how the Earth’s in Congress get the best independent State governments or coastal commu- oceans, atmosphere, and land surface

VerDate Mar 15 2010 03:29 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00089 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S11958 CONGRESSIONAL RECORD — SENATE November 15, 2001 function together as a dynamic system, Council, NRC, has been forced to ex- Whereas, by the privileges of the Senate of but we cannot stop there. Only re- pand its role in providing research and the United States and Rule XI of the Stand- cently, NOAA measured an important information to Congress. However, the ing Rules of the Senate, no evidence under increase in temperature in all the NRC studies have their limitations. the control or in the possession of the Senate may, by the judicial or administrative proc- world’s oceans over a 40 year period. The reports, often slow and expensive, ess, be taken from such control or possession We need to understand the causes and provide limited opportunity for formal but by permission of the Senate; how that will affect us. All this re- input and review by affected parties. Whereas, when it appears that evidence search ensures that federal and state Furthermore, unlike OTA, they often under the control or in the possession of the decision-makers get better information make specific recommendations rather Senate may promote the administration of and tools to cope with such climate re- than laying out a range of alternative justice, the Senate will take such action as lated problems as food supply, energy policy options. will promote the ends of justice consistently allocation, and water resources. The problems addressed by Congress with the privileges of the Senate: Now, therefore, be it Resolved That Elizabeth Kay While we have learned an astonishing are becoming increasingly complex. amount about climate and other earth/ Tucker, or any other current or former em- Science and technology play a crucial ployee of Senator Craig, is authorized to tes- ocean interactions in only a decade, we role in addressing problems in energy, tify and produce documents in the case of have other critical questions that re- defense, aviation and the environment. State of Idaho v. Joseph Daniel Hooper, ex- quire further research to answer. Many Without a permanent, non-partisan cept concerning matters for which a privi- of these questions are relevant not source of independent scientific and lege should be asserted. only to improving our scientific under- technical policy analysis, Congress be- SEC. 2. The Senate Legal Counsel is author- standing, but also to contributing to come lost in the wealth of information ized to represent Elizabeth Kay Tucker and any other current or former employee of our future social and economic well- provided by scientists, think tanks, being. For example, climate anomalies Senator Craig’s in connection with the testi- and interest groups. The Global Cli- mony and document production authorized during the past two years, most di- mate Change Act of 2001 addresses this in section one of this resolution. rectly related to the 1997–1998 El Nino problem by creating a service that f event, have accounted for over $30 bil- would provide ongoing science and lion in impacts worldwide. When im- technology advice to Congress, but SENATE CONCURRENT RESOLU- pacts from the recent floods in China avoid the criticisms leveled at OTA. It TION 84—PROVIDING FOR A are included, these direct losses could would economize on resources and per- JOINT SESSION OF CONGRESS TO rise to $60 billion. This most recent El sonnel by utilizing the administrative BE HELD IN NEW YORK CITY, Nino claimed 21,000 lives, displaced 4.5 services of the Library of Congress and NEW YORK million people, and affected 82 million the expertise of the National Research Mr. SCHUMER (for himself and Mrs. acres of land through severe flood, Ccouncil. Congressional requests for CLINTON) submitted the following con- drought, and fire. When we better un- advice are overburdening NRC and current resolution; which was referred derstand the global climate system, threatening to compromise its inde- to the Committee on Rules and Admin- and its relationship to regional climate pendent stature as it is increasingly istration: events like El Nino, we may be able to asked to fill the role of OTA. This pro- S. CON. RES. 84 find ways, such as improved fore- vision would defer to NRC as the Whereas on September 11, 2001, the United casting and early warning—to avoid source of outside, unbiased advice and States was victim to the worst terrorist at- some of the severe impacts. experts, but also provide an ongoing tack on American soil in history, as hijacked Understanding these and other im- separate service to Congress. This serv- aircraft were deliberately crashed into the pacts of climate change at the regional ice would also be asked to review the World Trade Center towers in New York City level is a critical step in preparing for report of the Climate Change Action and the Pentagon outside of Washington, these changes. We must maintain our D.C.; Task Force. Whereas the terrorist attacks on the World commitment to research and further The Global Climate Change Act of refine our existing modeling capabili- Trade Center towers located in New York 2001 demonstrates that the Committee City have resulted in the deaths of over 5,000 ties. The second critical need is plan- on Commerce, Science and Transpor- individuals and the destruction of both tow- ning for sea level rise and other inevi- tation is serious about climate change, ers as well as adjacent buildings; table results of climate change. It is and I commend this Act to you. Whereas these attacks were by far the costly in human lives and real dollars deadliest terrorist attacks ever launched to manage our response in a crisis f against the United States, and by targeting mode. Just as we needed to modernize SUBMITTED RESOLUTIONS symbols of American strength and success, our National Weather Service, we need the attacks were an attempt to violate the to strengthen and modernize our Na- freedoms and liberties that have been be- SENATE RESOLUTION 181—TO AU- stowed upon all Americans; tional Climate Service, which can help Whereas in 1789 the first meeting of the the U.S. predict and plan for climate THORIZE TESTIMONY, DOCU- United States House of Representatives and events. This includes establishing a na- MENT PRODUCTION AND LEGAL Senate was held in New York City; and tional ocean and coastal observing sys- REPRESENTATION IN STATE OF Whereas in this time of crisis it would be tem using the expertise and resources IDAHO V. JOSEPH DANIEL HOO- appropriate that a special one-day joint ses- of a variety of federal agencies. In ad- PER sion of Congress be convened in New York City as a symbol of the Nation’s solidarity dition, this bill will help our coastal Mr. DASCHLE (for himself and Mr. communities at risk from future cli- with New Yorkers who epitomize the human LOTT) submitted the following resolu- spirit of courage, resilience, and strength: mate-related hazards create plans that tion; which was considered and agreed Now, therefore, be it will help us adapt to such changes to: Resolved by the Senate (the House of Rep- without catastrophic disruptions expe- S. RES. 181 resentatives concurring), That the two Houses rienced in Alaska by my friend Senator of Congress assemble in New York City, New Whereas, in the case of State of Idaho v. York, during the One Hundred Seventh Con- STEVENS. Joseph Daniel Hooper, C. No. CRM–01–11531, gress at such date, time, and location as the Not only do we need continued sup- pending in the District Court of the First Ju- Speaker of the House of Representatives and port for technological research and de- dicial District of the State of Idaho, in and the President Pro Tempore of the Senate velopment, we must also consider the for the County of Kootenai, testimony has may jointly select, for the purpose of con- method in which this information is been requested from Elizabeth Kay Tucker, a ducting such business as the Speaker and former employee in the Coeur d’Alene office delivered to Congress. Before it was President Pro Tempore may consider appro- of Senator Larry E. Craig; abolished in 1995, the Office of Tech- priate. nology Assessment, OTA, was respon- Whereas, pursuant to sections 703(a) and f sible for providing Congress with bal- 704(a)(2) of the Ethics in Government Act of 1978, 2 U.S.C. §§ 288b(a) and 288c(a)(2), the anced, independent scientific and tech- AMENDMENTS SUBMITTED AND Senate may direct its counsel to represent PROPOSED nological advice. Since 1995, the func- employees of the Senate with respect to any tion of the National Academy complex, subpoena, order, or request for testimony re- SA 2149. Mr. REID (for Mr. ROCKEFELLER particularly the National Research lating to their official responsibilities; (for himself and Mr. SPECTER)) proposed an

VerDate Mar 15 2010 03:29 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00090 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY November 15, 2001 CONGRESSIONAL RECORD — SENATE S11959 amendment to the bill H.R. 2540, An act to SECTION 1. SHORT TITLE; REFERENCES TO TITLE (1) by striking ‘‘$881’’ in paragraph (1) and amend title 38, United States Code, to pro- 38, UNITED STATES CODE. inserting ‘‘$935’’; and vide a cost-of-living adjustment in the rates (a) SHORT TITLE.—This Act may be cited as (2) by striking ‘‘$191’’ in paragraph (2) and of disability compensation for veterans with the ‘‘Veterans’ Compensation Rate Amend- inserting ‘‘$202’’. service-connected disabilities and the rates ments of 2001’’. (b) OLD LAW RATES.—The table in section of dependency and indemnity compensation (b) REFERENCES TO TITLE 38, UNITED 1311(a)(3) is amended to read as follows: for survivors of such veterans. STATES CODE.—Except as otherwise expressly provided, whenever in this Act an amend- SA 2150. Mr. REID (for Mr. ROCKEFELLER ment or repeal is expressed in terms of an (for himself and Mr. SPECTER)) proposed an Pay grade Monthly amendment to, or repeal of, a section or amendment to the bill H.R. 2540, supra. other provision, the reference shall be con- E–1 ...... $935 SA 2151. Mr. BOND submitted an amend- sidered to be made to a section or other pro- E–2 ...... 935 ment intended to be proposed by him to the E–3 ...... 935 vision of title 38, United States Code. bill H.R. 3090, to provide tax incentives for E–4 ...... 935 SEC. 2. DISABILITY COMPENSATION. E–5 ...... 935 economic recovery; which was ordered to lie (a) INCREASE IN RATES.—Section 1114 is E–6 ...... 935 on the table. E–7 ...... 967 amended— SA 2152. Mr. DEWINE submitted an amend- E–8 ...... 1,021 (1) by striking ‘‘$98’’ in subsection (a) and E–9 ...... 1 1,066 ment intended to be proposed by him to the inserting ‘‘$103’’; W–1 ...... 988 W–2 ...... 1,028 bill H.R. 3090, supra; which was ordered to lie (2) by striking ‘‘$188’’ in subsection (b) and on the table. W–3 ...... 1,058 inserting ‘‘$199’’; W–4 ...... 1,119 SA 2153. Mr. BOND submitted an amend- (3) by striking ‘‘$288’’ in subsection (c) and O–1 ...... 988 ment intended to be proposed by him to the inserting ‘‘$306’’; O–2 ...... 1,021 bill H.R. 3090, supra; which was ordered to lie O–3 ...... 1,092 (4) by striking ‘‘$413’’ in subsection (d) and O–4 ...... 1,155 on the table. inserting ‘‘$439’’; O–5 ...... 1,272 SA 2154. Mr. SMITH, of New Hampshire (5) by striking ‘‘$589’’ in subsection (e) and O–6 ...... 1,433 submitted an amendment intended to be pro- O–7 ...... 1,549 inserting ‘‘$625’’; O–8 ...... 1,699 posed by him to the bill H.R. 3090, supra; (6) by striking ‘‘$743’’ in subsection (f) and O–9 ...... 1,818 2 which was ordered to lie on the table. inserting ‘‘$790’’; O–10 ...... 1,994 SA 2155. Mr. ENZI (for himself, Mr. DOR- (7) by striking ‘‘$937’’ in subsection (g) and ‘‘1 If the veteran served as Sergeant Major of the Army, Senior Enlisted GAN, Mrs. HUTCHISON, Mr. GRAHAM, Mr. inserting ‘‘$995’’; Advisor of the Navy, Chief Master Sergeant of the Air Force, Sergeant Major VOINOVICH, Mr. BREAUX, Mr. HUTCHINSON, and of the Marine Corps, or Master Chief Petty Officer of the Coast Guard, at the (8) by striking ‘‘$1,087’’ in subsection (h) applicable time designated by section 1302 of this title, the surviving Mr. CARPER) proposed an amendment to the and inserting ‘‘$1,155’’; spouse’s rate shall be $1,149. bill H.R. 1552, to extend the moratorium en- (9) by striking ‘‘$1,224’’ in subsection (i) ‘‘2 If the veteran served as Chairman or Vice Chairman of the Joint Chiefs acted by the Internet Tax Freedom Act of Staff, Chief of Staff of the Army, Chief of Naval Operations, Chief of Staff and inserting ‘‘$1,299’’; of the Air Force, Commandant of the Marine Corps, or Commandant of the through 2006, and for other purposes. (10) by striking ‘‘$2,036’’ in subsection (j) Coast Guard, at the applicable time designated by section 1302 of this title, SA 2157. Mr. MCCAIN (for himself, Mr. and inserting ‘‘$2,163’’; the surviving spouse’s rate shall be $2,139.’’. ALLARD, Mr. LIEBERMAN, Ms. SNOWE, Mr. (11) in subsection (k)— (c) ADDITIONAL DIC FOR CHILDREN.—Sec- LEVIN, Mr. MURKOWSKI, Mr. CLELAND, Mr. (A) by striking ‘‘$76’’ both places it appears tion 1311(b) is amended by striking ‘‘$222’’ INHOFE, Ms. LANDRIEU, Mr. BURNS, Mr. DUR- and inserting ‘‘$80’’; and and inserting ‘‘$234’’. BIN, Mr. SESSIONS, and Mr. DEWINE) sub- (B) by striking ‘‘$2,533’’ and ‘‘$3,553’’ and (d) AID AND ATTENDANCE ALLOWANCE.—Sec- mitted an amendment intended to be pro- inserting ‘‘$2,691’’ and ‘‘$3,775’’, respectively; tion 1311(c) is amended by striking ‘‘$222’’ posed by him to the bill H.R. 3090, to provide (12) by striking ‘‘$2,533’’ in subsection (l) and inserting ‘‘$234’’. tax incentives for economic recovery; which and inserting ‘‘$2,691’’; (e) HOUSEBOUND RATE.—Section 1311(d) is was ordered to lie on the table. (13) by striking ‘‘$2,794’’ in subsection (m) amended by striking ‘‘$107’’ and inserting SA 2158. Mr. REID (for Mrs. HUTCHISON) and inserting ‘‘$2,969’’; ‘‘$112’’. proposed an amendment to the bill S. 1573, to (14) by striking ‘‘$3,179’’ in subsection (n) authorize the provision of educational and and inserting ‘‘$3,378’’; SEC. 6. DEPENDENCY AND INDEMNITY COM- PENSATION FOR CHILDREN. health care assistance to the women and (15) by striking ‘‘$3,553’’ each place it ap- (a) DIC FOR ORPHAN CHILDREN.—Section children of Afghanistan. pears in subsections (o) and (p) and inserting 1313(a) is amended— SA 2159. Mr. REID (for Mr. FITZGERALD (for ‘‘$3,775’’; (1) by striking ‘‘$373’’ in paragraph (1) and himself and Mr. DURBIN)) proposed an (16) by striking ‘‘$1,525’’ and ‘‘$2,271’’ in inserting ‘‘$397’’; amendment to the concurrent resolution S. subsection (r) and inserting ‘‘$1,621’’ and (2) by striking ‘‘$538’’ in paragraph (2) and Con. Res. 44, expressing the sense of the Con- ‘‘$2,413’’, respectively; and inserting ‘‘$571’’; gress regarding National Pearl Harbor Re- (17) by striking ‘‘$2,280’’ in subsection (s) (3) by striking ‘‘$699’’ in paragraph (3) and membrance Day. and inserting ‘‘$2,422’’. inserting ‘‘$742’’; and SA 2160. Mr. REID (for Mr. BOND (for him- (b) SPECIAL RULE.—The Secretary of Vet- (4) by striking ‘‘$699’’ and ‘‘$136’’ in para- self and Mr. KERRY)) proposed an amendment erans Affairs may authorize administra- graph (4) and inserting ‘‘$742’’ and ‘‘$143’’, re- to the bill S. 1196, to amend the Small Busi- tively, consistent with the increases author- spectively. ness Investment Act of 1958, and for other ized by this section, the rates of disability (b) SUPPLEMENTAL DIC FOR DISABLED purposes. compensation payable to persons within the ADULT CHILDREN.—Section 1314 is amended— SA 2161. Mr. DASCHLE proposed an amend- purview of section 10 of Public Law 85–857 (1) by striking ‘‘$222’’ in subsection (a) and ment to the bill S. 1389, to provide for the who are not in receipt of compensation pay- inserting ‘‘$234’’; conveyance of certain real property in South able pursuant to chapter 11 of title 38, United (2) by striking ‘‘$373’’ in subsection (b) and Dakota to the State of South Dakota with States Code. inserting ‘‘$397’’; and indemnification by the United States gov- SEC. 3. ADDITIONAL COMPENSATION FOR DE- (3) by striking ‘‘$188’’ in subsection (c) and ernment, and for other purposes. PENDENTS. Section 1115(1) is amended— inserting ‘‘$199’’. SA 2162. Mr. REID (for Mr. HATCH) pro- posed an amendment to the bill S. 320, to (1) by striking ‘‘$117’’ in clause (A) and in- SEC. 7. EFFECTIVE DATE. make technical corrections in patent, copy- serting ‘‘$124’’; The amendments made by this Act shall right, and trademark laws. (2) by striking ‘‘$201’’ and ‘‘$61’’ in clause take effect on December 1, 2001. (B) and inserting ‘‘$213’’ and ‘‘$64’’, respec- f tively; SA 2150. Mr. REID (for Mr. ROCKE- (3) by striking ‘‘$80’’ and ‘‘$61’’ in clause (C) TEXT OF AMENDMENTS FELLER (for himself and Mr. SPECTER) and inserting ‘‘$84’’ and ‘‘$64’’, respectively; proposed an amendment to the bill SA 2149. Mr. REID (for Mr. ROCKE- (4) by striking ‘‘$95’’ in clause (D) and in- H.R. 2540, An act to amend title 38, serting ‘‘$100’’; FELLER (for himself and Mr. SPECTER)) United States Code, to provide a cost- proposed an amendment to the bill (5) by striking ‘‘$222’’ in clause (E) and in- serting ‘‘$234’’; and of-living adjustment in the rates of dis- H.R. 2540, an act to amend title 38, (6) by striking ‘‘$186’’ in clause (F) and in- ability compensation for veterans with United States Code, to provide a cost- serting ‘‘$196’’. service-connected disabilities and the of-living adjustment in the rates of dis- SEC. 4. CLOTHING ALLOWANCE FOR CERTAIN rates of dependency and indemnity ability compensation for veterans with DISABLED VETERANS. compensation for survivors of such vet- service-connected disabilities and the Section 1162 is amended by striking ‘‘$546’’ erans; as follows: and inserting ‘‘$580’’. rates of dependency and indemnity Amend the title so as to read ‘‘An Act to compensation for survivors of such vet- SEC. 5. DEPENDENCY AND INDEMNITY COM- PENSATION FOR SURVIVING amend title 38, United States Code, to pro- erans; as follows: SPOUSES. vide a cost-of-living adjustment in the rates Strike all after the enacting clause and in- (a) NEW LAW RATES.—Section 1311(a) is of disability compensation for veterans with sert the following: amended— service-connected disabilities and the rates

VerDate Mar 15 2010 03:29 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00091 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S11960 CONGRESSIONAL RECORD — SENATE November 15, 2001 of dependency and indemnity compensation incentives for economic recovery; would be deductible from the taxpayer’s for survivors of such veterans.’’. which was ordered to lie on the table; gross income under section 162(a)(1) if the as follows: employee were present and receiving such SA 2151. Mr. BOND submitted an compensation, and At the appropriate place, insert the fol- ‘‘(B) which is not characterized by the tax- amendment intended to be proposed by lowing: payer as vacation or holiday pay, or as sick him to the bill H.R. 3090, to provide tax SEC. ll. DEDUCTION OF CERTAIN EXPENSES OF incentives for economic recovery; leave or pay, or as any other form of pay for MEMBERS OF THE RESERVE COMPO- a nonspecific leave of absence, and with re- which was ordered to lie on the table; NENT. spect to which the number of days the em- as follows: (a) DEDUCTION ALLOWED.—Section 162 (re- lating to certain trade or business expenses) ployee participates in qualified reserve com- At the appropriate place, add the fol- is amended by redesignating subsection (p) ponent duty does not result in any reduction lowing: as subsection (q) and inserting after sub- in the amount of vacation time, sick leave, SEC. ll. FAIR AND EQUITABLE RESOLUTION OF section (o) the following new subsection: or other nonspecific leave previously cred- LABOR INTEGRATION ISSUES. ited to or earned by the employee. ‘‘(p) TREATMENT OF EXPENSES OF MEMBERS (a) PURPOSE.—The purpose of this section ‘‘(3) QUALIFIED EMPLOYEE.—The term OF RESERVE COMPONENT OF ARMED FORCES OF is to require procedures that ensure the fair ‘qualified employee’ means a person who— THE UNITED STATES.—For purposes of sub- and equitable resolution of labor integration section (a), in the case of an individual who ‘‘(A) has been an employee of the taxpayer issues, in order to prevent further disruption performs services as a member of a reserve for the 21-day period immediately preceding to transactions for the combination of air component of the Armed Forces of the the period during which the employee par- carriers, which would potentially aggravate United States at any time during the taxable ticipates in qualified reserve component the disruption caused by the attack on the year, such individual shall be deemed to be duty, and United States on September 11, 2001. away from home in the pursuit of a trade or ‘‘(B) is a member of the Ready Reserve of (b) DEFINITIONS.—In this Act: business during any period for which such in- a reserve component of an Armed Force of (1) AIR CARRIER.—The term ‘‘air carrier’’ dividual is away from home in connection the United States as defined in sections 10142 means an air carrier that holds a certificate with such service.’’. and 10101 of title 10, United States Code. issued under chapter 411 of title 49, United (b) DEDUCTION ALLOWED WHETHER OR NOT ‘‘(c) SELF-EMPLOYMENT CREDIT.— States Code. TAXPAYER ELECTS TO ITEMIZE.—Section ‘‘(1) IN GENERAL.—The self-employment (2) COVERED AIR CARRIER.—The term ‘‘cov- 62(a)(2) (relating to certain trade and busi- credit of a qualified self-employed taxpayer ered air carrier’’ means an air carrier that is ness deductions of employees) is amended by for any taxable year is equal to 50 percent of involved in a covered transaction. adding at the end the following new subpara- the excess, if any, of— (3) COVERED EMPLOYEE.—The term ‘‘cov- graph: ‘‘(A) the self-employed taxpayer’s average ered employee’’ means an employee who— ‘‘(D) CERTAIN EXPENSES OF MEMBERS OF RE- daily self-employment income for the tax- (A) is not a temporary employee; and SERVE COMPONENTS OF THE ARMED FORCES OF able year over (B) is a member of a craft or class that is THE UNITED STATES.—The deductions allowed ‘‘(B) the average daily military pay and al- subject to the Railway Labor Act (45 U.S.C. by section 162 which consist of expenses paid lowances received by the taxpayer during the 151 et seq.). or incurred by the taxpayer in connection taxable year, while participating in qualified (4) COVERED TRANSACTION.—The term ‘‘cov- with the performance of services by such reserve component duty to the exclusion of ered transaction’’ means a transaction taxpayer as a member of a reserve compo- the taxpayer’s normal self-employment du- that— nent of the Armed Forces of the United ties for the number of days the taxpayer par- (A) is a transaction for the combination of States.’’. ticipates in qualified reserve component multiple air carriers into a single air carrier; (c) EFFECTIVE DATE.—The amendments duty during the taxable year, including time (B) involves the transfer of ownership or made by this section shall apply to amounts spent in a travel status. control of— paid or incurred in taxable years beginning ‘‘(2) AVERAGE DAILY SELF-EMPLOYMENT IN- (i) 50 percent or more of the equity securi- after December 31, 2001. COME AND AVERAGE DAILY MILITARY PAY AND ties (as defined in section 101 of title 11, SEC. ll. CREDIT FOR EMPLOYMENT OF RE- ALLOWANCES.—As used with respect to a self- United States Code) of an air carrier; or SERVE COMPONENT PERSONNEL. employed taxpayer— (ii) 50 percent or more (by value) of the as- (a) IN GENERAL.—Subpart D of part IV of ‘‘(A) the term ‘average daily self-employ- sets of the air carrier; subchapter A of chapter 1 (relating to busi- ment income’ means the self-employment in- (C) became a pending transaction, or was ness-related credits) is amended by adding at come (as defined in section 1402) of the tax- completed, not earlier than January 1, 2001; the end the following new section: payer for the taxable year divided by the dif- and ‘‘SEC. 45G. RESERVE COMPONENT EMPLOYMENT ference between— (D) did not result in the creation of a sin- CREDIT. ‘‘(i) 365, and gle air carrier by September 11, 2001. ‘‘(a) GENERAL RULE.—For purposes of sec- ‘‘(ii) the number of days the taxpayer par- (c) SENIORITY INTEGRATION.—In any cov- tion 38, the reserve component employment ticipates in qualified reserve component ered transaction involving a covered air car- credit determined under this section is an duty during the taxable year, including time rier that leads to the combination of crafts amount equal to the sum of— spent in a travel status, and or classes that are subject to the Railway ‘‘(1) the employment credit with respect to ‘‘(B) the term ‘average daily military pay Labor Act— all qualified employees of the taxpayer, plus and allowances’ means— (1) sections 3 and 13 of the labor protective ‘‘(2) the self-employment credit of a quali- ‘‘(i) the amount paid to the taxpayer dur- provisions imposed by the Civil Aeronautics fied self-employed taxpayer. ing the taxable year as military pay and al- Board in the Allegheny-Mohawk merger (as ‘‘(b) EMPLOYMENT CREDIT.—For purposes of lowances on account of the taxpayer’s par- published at 59 CAB 45) shall apply to the this section— ticipation in qualified reserve component covered employees of the covered air carrier; ‘‘(1) IN GENERAL.—The employment credit duty, divided by and with respect to a qualified employee of the ‘‘(ii) the total number of days the taxpayer (2) subject to paragraph (1), in a case in taxpayer for any taxable year is equal to 50 participates in qualified reserve component which a collective bargaining agreement pro- percent of the amount of qualified compensa- duty, including time spent in travel status. vides for the application of sections 3 and 13 tion that would have been paid to the em- ‘‘(3) QUALIFIED SELF-EMPLOYED TAXPAYER.— of the labor protective provisions in the ployee with respect to all periods during The term ‘qualified self-employed taxpayer’ process of seniority integration for the cov- which the employee participates in qualified means a taxpayer who— ered employees, the terms of the collective reserve component duty to the exclusion of ‘‘(A) has net earnings from self-employ- bargaining agreement shall apply to the cov- normal employment duties, including time ment (as defined in section 1402) for the tax- ered employees and shall not be abrogated. spent in a travel status had the employee able year, and (d) ENFORCEMENT.—Any aggrieved person not been participating in qualified reserve ‘‘(B) is a member of the Ready Reserve of (including any labor organization that rep- component duty. The employment credit, a reserve component of an Armed Force of resents the person) may bring an action to with respect to all qualified employees, is the United States. enforce this section, or the terms of any equal to the sum of the employment credits ‘‘(d) CREDIT IN ADDITION TO DEDUCTION.— award or agreement resulting from arbitra- for each qualified employee under this sub- The employment credit provided in this sec- tion or a settlement relating to the require- section. tion is in addition to any deduction other- ments of this section. The person may bring ‘‘(2) QUALIFIED COMPENSATION.—When used wise allowable with respect to compensation the action in an appropriate Federal district with respect to the compensation paid or actually paid to a qualified employee during court, determined in accordance with section that would have been paid to a qualified em- any period the employee participates in 1391 of title 28, United States Code, without ployee for any period during which the em- qualified reserve component duty to the ex- regard to the amount in controversy. ployee participates in qualified reserve com- clusion of normal employment duties. ponent duty, the term ‘qualified compensa- ‘‘(e) LIMITATIONS.— SA 2152. Mr. DEWINE submitted an tion’ means compensation— ‘‘(1) MAXIMUM CREDIT.— amendment intended to be proposed by ‘‘(A) which is normally contingent on the ‘‘(A) IN GENERAL.—The credit allowed by him to the bill H.R. 3090, to provide tax employee’s presence for work and which subsection (a) for the taxable year—

VerDate Mar 15 2010 03:29 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00092 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY November 15, 2001 CONGRESSIONAL RECORD — SENATE S11961 ‘‘(i) shall not exceed $7,500 in the aggre- of section 52 shall apply for purposes of this cluding lodging and food and beverage serv- gate, and section.’’. ices), recreation, baggage handling, trans- ‘‘(ii) shall not exceed $2,000 with respect to (b) CONFORMING AMENDMENT.—Section 38(b) portation, delivery, shoe shine, and other each qualified employee. (relating to general business credit) is services where tips are customary. ‘‘(B) CONTROLLED GROUPS.—For purposes of amended— (3) ANNUAL LIMIT.—The amount excluded applying the limitations in subparagraph (1) by striking ‘‘plus’’ at the end of para- from gross income for the taxable year by (A)— graph (14), reason of paragraph (1) with respect to each ‘‘(i) all members of a controlled group shall (2) by striking the period at the end of service provider shall not exceed $10,000. be treated as one taxpayer, and paragraph (15) and inserting ‘‘, plus’’, and (4) EMPLOYEE TAXABLE ON AT LEAST MIN- ‘‘(ii) such limitations shall be allocated (3) by adding at the end the following new IMUM WAGE.—Paragraph (1) shall not apply to among the members of such group in such paragraph: tips received by an employee during any manner as the Secretary may prescribe. ‘‘(16) the reserve component employment month to the extent that such tips— For purposes of this subparagraph, all per- credit determined under section 45G(a).’’. (A) are deemed to have been paid by the sons treated as a single employer under sub- (c) CLERICAL AMENDMENT.—The table of employer to the employee pursuant to sec- section (a) or (b) of section 52 or subsection sections for subpart D of part IV of sub- tion 3121(q) (without regard to whether such (m) or (o) of section 414 shall be treated as chapter A of chapter 1 is amended by insert- tips are reported under section 6053), and members of a controlled group. ing after the item relating to section 45F the (B) do not exceed the excess of— (i) the minimum wage rate applicable to ‘‘(2) DISALLOWANCE FOR FAILURE TO COMPLY following new item: such individual under section 6(a)(1) of the WITH EMPLOYMENT OR REEMPLOYMENT RIGHTS ‘‘Sec. 45G. Reserve component employment Fair Labor Standards Act of 1938 (deter- OF MEMBERS OF THE RESERVE COMPONENTS OF credit.’’. mined without regard to section 3(m) of such THE ARMED FORCES OF THE UNITED STATES.— No credit shall be allowed under subsection (d) EFFECTIVE DATE.—The amendments Act), over (ii) the amount of the wages (excluding (a) to a taxpayer for— made by this section shall apply to taxable tips) paid by the employer to the employee ‘‘(A) any taxable year in which the tax- years beginning after December 31, 2001. during such month. payer is under a final order, judgment, or (5) TIPS.—For purposes of this title, the other process issued or required by a district SA 2153. Mr. BOND submitted an term ‘‘tips’’ means a gratuity paid by an in- court of the United States under section 4323 amendment intended to be proposed by dividual for services performed for such indi- of title 38 of the United States Code with re- him to the bill H.R. 3090, to provide tax vidual (or for a group which includes such in- spect to a violation of chapter 43 of such incentives for economic recovery; dividual) by another individual if such serv- title, and which was ordered to lie on the table; ices are not provided pursuant to an employ- ‘‘(B) the two succeeding taxable years. as follows: ment or similar contractual relationship be- ‘‘(3) DISALLOWANCE WITH RESPECT TO PER- tween such individuals. SONS ORDERED TO ACTIVE DUTY FOR TRAIN- At the appropriate place, add the fol- (b) EXCLUSION FROM SOCIAL SECURITY ING.—No credit shall be allowed under sub- lowing: TAXES.— (1) Paragraph (12) of section 3121(a) section (a) to a taxpayer with respect to any SEC. . DEDUCTION FOR 100 PERCENT OF HEALTH INSURANCE COSTS OF of such Code is amended to read as follows: period for which the person on whose behalf ‘‘(12)(A) tips paid in any medium other the credit would otherwise be allowable is SELF-EMPLOYED INDIVIDUALS. (a) IN GENERAL.—Paragraph (1) of section than cash; called or ordered to active duty for any of ‘‘(B) cash tips received by an employee in 162(l) of the Internal Revenue Code of 1986 is the following types of duty: any calendar month in the course of his em- amended to read as follows: ‘‘(A) active duty for training under any ployment by an employer unless the amount provision of title 10, United States Code, ‘‘(1) ALLOWANCE OF DEDUCTION.—In the case of an individual who is an employee within of such cash tips is $20 or more and then only ‘‘(B) training at encampments, maneuvers, to the extent includible in gross income after outdoor target practice, or other exercises the meaning of section 401(c)(1), there shall be allowed as a deduction under this section the application of section 102(d);’’ under chapter 5 of title 32, United States (2) Paragraph (10 of section 209(a) of the an amount equal to 100 percent of the Code, or Social Security Act is amended to read as amount paid during the taxable year for in- ‘‘(C) full-time National Guard duty, as de- follows: fined in section 101(d)(5) of title 10, United surance which constitutes medical care for ‘‘(10)(A) tips paid in any medium other States Code. the taxpayer and the taxpayer’s spouse and than cash; ‘‘(f) GENERAL DEFINITIONS AND SPECIAL dependents.’’. ‘‘(B) cash tips received by an employee in RULES.— (b) CLARIFICATION OF LIMITATIONS ON OTHER any calendar month in the course of his em- ‘‘(1) MILITARY PAY AND ALLOWANCES.—The COVERAGE.—The first sentence of section ployment by an employer unless the amount term ‘military pay’ means pay as that term 162(l)(2)(B) of the Internal Revenue Code of of such cash tips is $20 or more and then only is defined in section 101(21) of title 37, United 1986 is amended to read as follows: ‘‘Para- to the extent includible in gross income after States Code, and the term ‘allowances’ graph (1) shall not apply to any taxpayer for the application of section 102(d) of the Inter- means the allowances payable to a member any calendar month for which the taxpayer nal Revenue Code of 1986 for such month;’’. of the Armed Forces of the United States participates in any subsidized health plan (3) Paragraph (3) of section 3231(e) of such under chapter 7 of that title. maintained by any employer (other than an Code is amended to read as follows: ‘‘(2) QUALIFIED RESERVE COMPONENT DUTY.— employer described in section 401(c)(4)) of the ‘‘(3) Solely for purposes of the taxes im- The term ‘qualified reserve component duty’ taxpayer or the spouse of the taxpayer.’’. posed by section 3201 and other provisions of includes only active duty performed, as des- (c) EFFECTIVE DATE.—The amendments this chapter insofar as they relate to such ignated in the reservist’s military orders, in made by this section shall apply to taxable taxes, the term ‘compensation’ also includes support of a contingency operation as de- years beginning after December 31, 2001. cash tips received by an employee in any cal- fined in section 101(a)(13) of title 10, United endar month in the course of his employ- States Code. SA 2154. Mr. SMITH of New Hamp- ment by an employer if the amount of such ‘‘(3) NORMAL EMPLOYMENT AND SELF-EM- shire submitted an amendment in- cash tips is $20 or more and then only to the PLOYMENT DUTIES.—A person shall be deemed tended to be proposed by him to the extent includible in gross income after the to be participating in qualified reserve com- bill H.R. 3090, to provide tax incentives application of section 102(d).’’. ponent duty to the exclusion of normal em- (c) EXCLUSION FROM UNEMPLOYMENT COM- ployment or self-employment duties if the for economic recovery; which was or- dered to lie on the table; as follows: PENSATION TAXES.—Subsection(s) of section person does not engage in or undertake any 3306 of such Code is amended to read as fol- substantial activity related to the person’s At the appropriate place, add the fol- lows: normal employment or self-employment du- lowing: ‘‘(s) TIPS NOT TREATED AS WAGES.—For ties while participating in qualified reserve ‘‘SECTION. . TIPS RECEIVED FOR CERTAIN purposes of this chapter, the term ‘wages’ component duty unless in an authorized SERVICES NOT SUBJECT TO INCOME shall include tips received in any month only leave status or other authorized absence OR EMPLOYMENT TAXES. to the extent includible in gross income after from military duties. If a person engages in (a) IN GENERAL.—Section 102 of the Inter- the application of section 102(d) for such or undertakes any substantial activity re- nal Revenue Code of 1986 (relating to gifts month.’’ lated to the person’s normal employment or and inheritances) is amended by adding at (d) EXCLUSION FROM WAGE WITHHOLDING.— self-employment duties at any time while the end the following new subsection: Paragraph (16) of section 3401(a) of such Code participating in a period of qualified reserve (d) TIPS RECEIVED FOR CERTAIN SERVICES.— is amended to read as follows: component duty, unless during a period of (1) IN GENERAL.—For purposes of subsection ‘‘(16)(a) as tips in any medium other than authorized leave or other authorized absence (a), tips received by an individual for quali- cash; from military duties, the person shall be fied services performed by such individual ‘‘(B) as cash tips to an employee in any deemed to have engaged in or undertaken shall be treated as property transferred by calendar month in the course of his employ- such activity for the entire period of quali- gift. ment by an employer unless the amount of fied reserve component duty. (2) QUALIFIED SERVICES.—For purposes of such cash tips is $20 or more and then only ‘‘(4) CERTAIN RULES TO APPLY.—Rules simi- this subsection, the term ‘‘qualified serv- to the extent includible in gross income after lar to the rules of subsections (c), (d), and (e) ices’’ means cosmetology, hospitality (in- the application of section 102(d);’’

VerDate Mar 15 2010 03:29 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00093 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S11962 CONGRESSIONAL RECORD — SENATE November 15, 2001

(e) CONFORMING AMENDMENT.—Sections ing with transmission to enable users to ac- (c) CONGRESSIONAL APPROVAL OF COM- 32(c)(2)(A)(i) and 220(b)(4)(A) of such Code are cess Internet content and services. Such PACT.— each amended by striking ‘‘tips’’ and insert- term does not include receipt of such content (1) ADOPTING STATES TO TRANSMIT.—Upon ing ‘‘tips to the extent includible in gross in- or services.’’. the 20th State becoming a signatory to the come after the application of section (b) EFFECTIVE DATE.—The amendment Compact, the adopting States shall transmit 102(d)).’’ made by this section shall take effect as if a copy of the Compact to Congress. (f) EFFECTIVE DATE.—The amendments included in the enactment of the Internet (2) CONGRESSIONAL ACTION.— made by this section shall apply to tips re- Tax Freedom Act. (A) IN GENERAL.—If a joint resolution de- ceived after the calendar month which in- SEC. 5. STREAMLINED SALES AND USE TAX SYS- scribed in subparagraph (B) is enacted into cludes the date of the enactment of this Act. TEM. law within 120 calendar days, excluding con- (a) DEVELOPMENT OF STREAMLINED SYS- SA 2155. Mr. ENZI (for himself, Mr. gressional recess period days, of Congress re- TEM.—It is the sense of Congress that States ceiving the Compact under paragraph (1), DORGAN, Mrs. HUTCHISON, Mr. GRAHAM, and localities should work together to de- then sections 7 and 8 shall apply to the Mr. VOINOVICH, Mr. BREAUX, Mr. velop a streamlined sales and use tax system adopting States, and any other State that HUTCHINSON, and Mr. CARPER) proposed that addresses the following in the context subsequently adopts the Compact. of remote sales: an amendment to the bill H.R. 1552, to (B) JOINT RESOLUTION.—A joint resolution extend the moratorium enacted by the (1) A centralized, one-stop, multi-state re- described in this subparagraph is a joint res- porting, submission, and payment system for Internet Tax Freedom Act through olution of the two Houses of Congress, the sellers. matter after the resolving clause of which is 2006, and for other purposes; as follows: (2) Uniform definitions for goods or serv- as follows: ‘‘That Congress— Strike all after the first word and insert ices, the sale of which may, by State action, ‘‘(1) agrees that the uniform, streamlined the following: be included in the tax base. sales and use tax system described in the SECTION 1. SHORT TITLE. (3) Uniform rules for attributing trans- This Act may be cited as the ‘‘Internet Tax actions to particular taxing jurisdictions. Compact transmitted to Congress by the Moratorium and Equity Act’’. (4) Uniform procedures for— States pursuant to section 6(c)(1) of the Internet Tax Moratorium and Equity Act SEC. 2. FINDINGS. (A) the treatment of purchasers exempt does not create an undue burden on inter- Congress makes the following findings: from sales and use taxes; and state commerce; and (1) The moratorium of the Internet Tax (B) relief from liability for sellers that rely Freedom Act on new taxes on Internet access on such State procedures. ‘‘(2) authorizes any State that adopts such and on multiple and discriminatory taxes on (5) Uniform procedures for the certification Compact to require remote sellers to collect electronic commerce should be extended. of software that sellers rely on to determine and remit sales and use taxes in accordance (2) States should be encouraged to simplify sales and use tax rates and taxability. with such system .’’ their sales and use tax systems. (6) A uniform format for tax returns and (C) EXPEDITED PROCEDURE FOR APPROVAL.— (3) As a matter of economic policy and remittance forms. (i) RULES OF HOUSE AND SENATE.—This basic fairness, similar sales transactions (7) Consistent electronic filing and remit- paragraph is enacted— should be treated equally, without regard to tance methods. (I) as an exercise of the rulemaking power the manner in which sales are transacted, (8) State administration of all State and of the House of Representatives and the Sen- whether in person, through the mails, over local sales and use taxes. ate, respectively, and as such is deemed a the telephone, on the Internet, or by other (9) Uniform audit procedures, including a part of the rules of each House, respectively, means. provision giving a seller the option to be sub- but applicable only with respect to the pro- (4) Congress may facilitate such equal tax- ject to no more than a single audit per year cedure to be followed in that House in the ation consistent with the United States Su- using those procedures; except that if the case of the joint resolution described in sub- preme Court’s decision in Quill Corp. v. seller does not comply with the procedures paragraph (B), and they supersede other North Dakota. to elect a single audit, any State can con- rules only to the extent that they are incon- (5) States that adequately simplify their duct an audit using those procedures. sistent therewith, and tax systems should be authorized to correct (10) Reasonable compensation for tax col- (II) with full recognition of the constitu- the present inequities in taxation through lection by sellers. tional right of either House to change the requiring sellers to collect taxes on sales of (11) Exemption from use tax collection re- rules (so far as they relate to the procedure goods or services delivered in-state, without quirements for remote sellers falling below a of that House) at any time, in the same man- regard to the location of the seller. de minimis threshold of $5,000,000 in gross ner and to the same extent as in the case of (6) The States have experience, expertise, annual sales. any other rule of that House. and a vital interest in the collection of sales (12) Appropriate protections for consumer (ii) APPLICABLE PROCEDURAL PROVISIONS.— and use taxes, and thus should take the lead privacy. Except as otherwise provided in this para- in developing and implementing sales and (13) Uniform enforcement criteria and a graph, the procedures set forth in section 152 use tax collection systems that are fair, effi- process for ensuring compliance by those (other than subsection (a) thereof) of the cient, and non-discriminatory in their appli- States that adopt the streamlined sales and Trade Act of 1974 (19 U.S.C. 2192) shall apply cation and that will simplify the process for use tax system. to the joint resolution described in subpara- both sellers and buyers. (14) A process for resolving conflicts of law graph (B) by substituting the ‘‘Committee on among States in the interpretation or appli- (7) Online consumer privacy is of para- the Judiciary’’ for the ‘‘Committee on Ways cation of statutory or regulatory provisions mount importance to the growth of elec- and Means’’ and the ‘‘Committee on Com- implementing the system. tronic commerce and must be protected. merce, Science, and Transportation’’ for the (15) Such other features that the States SEC. 3. EXTENSION OF INTERNET TAX FREEDOM ‘‘Committee on Finance’’ in subsections (b) deem warranted to promote simplicity, uni- ACT MORATORIUM. and (f)(1)(A)(i) thereof. Section 1101(a) of the Internet Tax Free- formity, neutrality, efficiency, and fairness. (iii) INTRODUCTION OF JOINT RESOLUTION dom Act (47 U.S.C. 151 note) is amended to (b) STUDY.—It is the sense of Congress that AFTER COMPACT RECEIVED.—Until Congress read as follows: a joint, comprehensive study should be com- receives the Compact described in paragraph ‘‘(a) MORATORIUM.—No State or political missioned by State and local governments (1), it shall not be in order in either House to subdivision thereof shall impose— and the business community to determine ‘‘(1) any taxes on Internet access during the cost to all sellers of collecting and re- introduce the joint resolution described in the period beginning after September 30, mitting State and local sales and use taxes subparagraph (B). 1998, unless such a tax was generally imposed on sales made by sellers under the law as in (iv) CONSIDERATION OF JOINT RESOLUTION.— and actually enforced prior to October 1, effect on the date of enactment of this Act No amendment to the joint resolution de- 1998; and and under the system described in subsection scribed in subparagraph (B) shall be in order ‘‘(2) multiple or discriminatory taxes on (a) to assist in determining what constitutes in either the House of Representatives or the electronic commerce during the period be- reasonable compensation. Senate, and no motion to suspend the appli- ginning on October 1, 1998, and ending on De- SEC. 6. INTERSTATE SALES AND USE TAX COM- cation of this clause shall be in order in ei- cember 31, 2005.’’. PACT. ther House. Within 120 calendar days, exclud- SEC. 4. INTERNET TAX FREEDOM ACT DEFINI- (a) AUTHORIZATION.—In general, the States ing congressional recess period days, after TIONS. are authorized to enter into an Interstate the date on which a joint resolution de- (a) INTERNET ACCESS SERVICES.—Section Sales and Use Tax Compact. The Compact scribed in subparagraph (B) is introduced in 1104 of the Internet Tax Freedom Act (47 shall describe a uniform, streamlined sales either House, that House shall proceed to a U.S.C. 151 note) is amended by adding at the and use tax system consistent with section final vote on the joint resolution without in- end the following new paragraph: 5(a), and shall provide that States joining tervening action. If either House approves ‘‘(11) INTERNET ACCESS SERVICES.—The term the Compact must adopt that system. the resolution, it shall be placed on the cal- ‘Internet access services’ means services (b) EXPIRATION.—The authorization in sub- endar in the other House, which shall pro- that combine computer processing, informa- section (a) shall expire if the Compact has ceed immediately to a final vote on the joint tion storage, protocol conversion, and rout- not been formed before January 1, 2005. resolution without intervening action.

VerDate Mar 15 2010 03:29 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00094 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY November 15, 2001 CONGRESSIONAL RECORD — SENATE S11963 SEC. 7. AUTHORIZATION TO SIMPLIFY STATE SEC. 11. DEFINITIONS. SA 2158. Mr. REID (for Mrs. USE-TAX RATES THROUGH AVER- In this Act: HUTCHISON) proposed an amendment to AGING. (1) STATE.—The term ‘‘State’’ means any the bill S. 1573, to authorize the provi- (a) IN GENERAL.—Subject to the exceptions State of the United States of America and in subsections (c) and (d), a State that includes the District of Columbia. sion of educational and health care as- adopts the Compact authorized and approved (2) GOODS OR SERVICES.—The term ‘‘goods sistance to the women and children of under section 6 and that levies a use tax or services’’ includes tangible and intangible Afghanistan; as follows: shall impose a single, uniform State-wide personal property and services. Beginning on page 4, strike line 19 and all use-tax rate on all remote sales on which it (3) REMOTE SALE.—The term ‘‘remote sale’’ that follows through page 5, line 16, and in- assesses a use tax for any calendar year for means a sale in interstate commerce of sert the following: which the State meets the requirements of goods or services attributed, under the rules (2) Beginning 6 months after the date of en- subsection (b). established pursuant to section 5(a)(3), to a actment of this Act, and at least annually (b) AVERAGING REQUIREMENT.—A State particular taxing jurisdiction that could not, for the 2 years thereafter, the Secretary of meets the requirements of this subsection except for the authority granted by this Act, State shall submit a report to the Com- for any calendar year in which the single, require that the seller of such goods or serv- mittee on Appropriations and the Committee uniform State-wide use-tax rate is in effect ices collect and remit sales or use taxes on on Foreign Relations of the Senate and the if such rate is no greater than the weighted such sale. Committee on Appropriations and the Com- average of the sales tax rates actually im- (4) LOCUS OF REMOTE SALE.—The term ‘‘par- mittee on International Relations of the posed by the State and its local jurisdictions ticular taxing jurisdiction’’, when used with House of Representatives describing the ac- during the 12-month period ending on June respect to the location of a remote sale, tivities carried out under this Act and other- 30 prior to such calendar year. means a remote sale of goods or services at- wise describing the condition and status of (c) ANNUAL OPTION TO COLLECT ACTUAL tributed, under the rules established pursu- women and children in Afghanistan and the TAX.—Notwithstanding subsection (a), a re- ant to section 5(a)(3), to a particular taxing persons in refugee camps while United States mote seller may elect annually to collect the jurisdiction. aid is given to displaced Afghans. actual applicable State and local use taxes (c) AVAILABILITY OF FUNDS.—Funds made on each sale made in the State. SA 2157. Mr. MCCAIN (for himself, available under the 2001 Emergency Supple- (d) ALTERNATIVE SYSTEM.—A State that Mr. ALLARD, Mr. LIEBERMAN, Ms. mental Appropriations Act for Recovery adopts the uniform, streamlined sales and SNOWE, Mr. LEVIN, Mr. MURKOWSKI, Mr. from and Response to Terrorist Attacks on use tax system described in the Compact au- CLELAND, Mr. INHOFE, Ms. LANDRIEU, the United States (Public Law 107–38), shall thorized and approved under section 6 so Mr. BURNS, Mr. DURBIN, Mr. SESSIONS, be available to carry out this Act. that remote sellers can use information pro- and Mr. DEWINE) submitted an amend- vided by the State to identify the single ap- SA 2159. Mr. REID (for Mr. FITZ- ment intended to be proposed by him plicable rate for each sale, may require a re- GERALD (for himself and Mr. DURBIN)) mote seller to collect the actual applicable to the bill H.R. 3090, to provide tax in- proposed an amendment to the concur- State and local sales or use tax due on each centives for economic recovery; which rent resolution S. Con. Res. 44, express- was ordered to lie on the table; as fol- sale made in the State if the State provides ing the sense of the Congress regarding such seller relief from liability to the State lows: National Pearl Harbor Remembrance for relying on such information provided by At the appropriate place insert the fol- the State. lowing: Day; as follows: SEC. 8. AUTHORIZATION TO REQUIRE COLLEC- SEC. ll. SPECIAL RULE FOR MEMBERS OF UNI- Strike all after the resolving clause and in- TION OF USE TAXES. FORMED SERVICES AND FOREIGN sert the following: (a) GRANT OF AUTHORITY.— SERVICE IN DETERMINING EXCLU- ‘‘That the Congress, on the occasion of the (1) STATES THAT ADOPT THE SYSTEM MAY RE- SION OF GAIN ON SALE OF PRIN- 60th anniversary of December 7, 1941, pays CIPAL RESIDENCE. QUIRE COLLECTION.—Any State that has tribute to— (a) IN GENERAL.—Section 121(d) (relating to adopted the system described in the Compact ‘‘(1) the United States citizens who died as special rules) is amended by adding at the authorized and approved under section 6 is a result of the attack by Japanese imperial end the following: authorized, notwithstanding any other provi- forces on Pearl Harbor, Hawaii; and ‘‘(9) MEMBERS OF UNIFORMED SERVICES AND ‘‘(2) the service of the American sailors and sion of law, to require all sellers not quali- FOREIGN SERVICE.— soldiers who survived the attack.’’. fying for the de minimis exception to collect ‘‘(A) IN GENERAL.—The running of the 5- and remit sales and use taxes on remote year period described in subsection (a) shall SA 2160. Mr. REID (for Mr. BOND (for sales to purchasers located in such State. be suspended with respect to an individual himself and Mr. KERRY)) proposed an (2) STATES THAT DO NOT ADOPT THE SYSTEM during any time that such individual or such MAY NOT REQUIRE COLLECTION.—Paragraph (1) amendment to the bill S. 1196, to individual’s spouse is serving on qualified of- does not extend to any State that does not amend the Small Business Investment ficial extended duty as a member of a uni- adopt the system described in the Compact. Act of 1958, and for other purposes; as formed service or of the Foreign Service. (b) NO EFFECT ON NEXUS, ETC.—No obliga- follows: ‘‘(B) QUALIFIED OFFICIAL EXTENDED DUTY.— tion imposed by virtue of authority granted For purposes of this paragraph— On page 2, lines 8 and 16, strike ‘‘1.28’’ each by subsection (a)(1) or denied by subsection ‘‘(i) IN GENERAL.—The term ‘qualified offi- place it appears and insert ‘‘1.38’’. (a)(2) shall be considered in determining cial extended duty’ means any period of ex- whether a seller has a nexus with any State tended duty during which the member of a SA 2161. Mr. DASCHLE proposed an for any other tax purpose. Except as pro- uniformed service or the Foreign Service is amendment to the bill S. 1389, to pro- vided in subsection (a), nothing in this Act under a call or order compelling such duty at vide for the conveyance of certain real permits or prohibits a State— a duty station which is a least 50 miles from (1) to license or regulate any person; property in South Dakota to the State the property described in subparagraph (A) (2) to require any person to qualify to of South Dakota with indemnification or compelling residence in Government fur- transact intrastate business; or by the United States government, and nished quarters while on such duty. (3) to subject any person to State taxes not for other purposes; as follows: ‘‘(ii) EXTENDED DUTY.—The term ‘extended related to the sale of goods or services. duty’ means any period of active duty pursu- Strike all after the enacting clause and in- SEC. 9. NEXUS FOR STATE BUSINESS ACTIVITY ant to a call or order to such duty for a pe- sert the following: TAXES. riod in excess of 90 days or for an indefinite SECTION 1. SHORT TITLE. It is the sense of Congress that before the period. This Act may be cited as the ‘‘Homestake conclusion of the 107th Congress, legislation ‘‘(C) DEFINITIONS.—For purposes of this Mine Conveyance Act of 2001’’. should be enacted to determine the appro- paragraph— SEC. 2. FINDINGS. priate factors to be considered in estab- ‘‘(i) UNIFORMED SERVICE.—The term ‘uni- Congress finds that— lishing whether nexus exists for State busi- formed service’ has the meaning given such (1) the United States is among the leading ness activity tax purposes. term by section 101(a)(5) of title 10, United nations in the world in conducting basic sci- SEC. 10. LIMITATION. States Code. entific research; In general, nothing in this Act shall be ‘‘(ii) FOREIGN SERVICE OF THE UNITED (2) that leadership position strengthens the construed as subjecting sellers to franchise STATES.—The term ‘member of the Foreign economy and national defense of the United taxes, income taxes, or licensing require- Service’ has the meaning given the term States and provides other important bene- ments of a State or political subdivision ‘member of the Service’ by paragraph (1), (2), fits; thereof, nor shall anything in this Act be (3), (4), or (5) of section 103 of the Foreign (3) the Homestake Mine in Lead, South Da- construed as affecting the application of Service Act of 1980.’’. kota, owned by the Homestake Mining Com- such taxes or requirements or enlarging or (b) EFFECTIVE DATE.—The amendment pany of California, is approximately 8,000 reducing the authority of any State or polit- made by this section shall apply to sales or feet deep and is situated in a unique physical ical subdivision to impose such taxes or re- exchanges on or after the date of the enact- setting that is ideal for carrying out certain quirements. ment of this Act. types of particle physics and other research;

VerDate Mar 15 2010 03:29 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00095 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S11964 CONGRESSIONAL RECORD — SENATE November 15, 2001

(4) the Mine has been selected by the Na- Dakota Department of Environment and (b) REQUIREMENTS FOR CONVEYANCE.— tional Underground Science Laboratory Natural Resources, and the Administrator— (1) IN GENERAL.—As a condition precedent Committee, an independent panel of distin- (A) to conduct a due diligence inspection of conveyance and of the assumption of li- guished scientists, as the preferred site for under section 4(b)(2)(A); and ability by the United States in accordance the construction of the National Under- (B) to determine the fair value of the Mine with this Act, the Administrator shall ac- ground Science Laboratory; under section 5(a). cept the final report of the independent enti- (5) such a laboratory would be used to con- (7) INDIAN TRIBE.—The term ‘‘Indian tribe’’ ty under paragraph (3). duct scientific research that would be funded has the meaning given the term in section 4 (2) DUE DILIGENCE INSPECTION.— and recognized as significant by the United of the Indian Self-Determination and Edu- (A) IN GENERAL.—As a condition precedent States; cation Assistance Act (25 U.S.C. 450b). of conveyance and of Federal participation (6) the establishment of the laboratory is (8) LABORATORY.— described in this Act, Homestake shall per- in the national interest, and would substan- (A) IN GENERAL.—The term ‘‘laboratory’’ mit an independent entity to conduct a due tially improve the capability of the United means the national underground science lab- diligence inspection of the Mine to deter- States to conduct important scientific re- oratory proposed to be established at the mine whether any condition of the Mine may search; Mine after the conveyance. pose an imminent and substantial threat to (7) for economic reasons, Homestake in- (B) INCLUSION.—The term ‘‘laboratory’’ in- human health or the environment. cludes operating and support facilities of the tends to cease operations at the Mine in 2001; (B) CONSULTATION.—As a condition prece- (8) on cessation of operations of the Mine, laboratory. dent of the conduct of a due diligence inspec- (9) MINE.— Homestake intends to implement reclama- tion, Homestake, the South Dakota Depart- (A) IN GENERAL.—The term ‘‘Mine’’ means tion actions that would preclude the estab- ment of Environment and Natural Re- the portion of the Homestake Mine in Law- lishment of a laboratory at the Mine; sources, the Administrator, and the inde- rence County, South Dakota, proposed to be (9) Homestake has advised the State that, pendent entity shall consult and agree upon conveyed to the State for the establishment after cessation of operations at the Mine, in- the methodology and standards to be used, and operation of the laboratory. stead of closing the entire Mine, Homestake and other factors to be considered, by the is willing to donate the underground portion (B) INCLUSIONS.—The term ‘‘Mine’’ in- cludes— independent entity in— of the Mine and certain other real and per- (i) the conduct of the due diligence inspec- sonal property of substantial value at the (i) real property, mineral and oil and gas rights, shafts, tunnels, structures, backfill, tion; Mine for use as the National Underground (ii) the scope of the due diligence inspec- Science Laboratory; broken rock, fixtures, facilities, and personal property to be conveyed for establishment tion; and (10) use of the Mine as the site for the lab- (iii) the time and duration of the due dili- oratory, instead of other locations under and operation of the laboratory, as agreed upon by Homestake and the State; and gence inspection. consideration, would result in a savings of (3) REPORT TO THE ADMINISTRATOR.— millions of dollars for the Federal Govern- (ii) any water that flows into the Mine from any source. (A) IN GENERAL.—The independent entity ment; shall submit to the Administrator a report (11) if the Mine is selected as the site for (C) EXCLUSIONS.—The term ‘‘Mine’’ does not include— that— the laboratory, it is essential that closure of (i) the feature known as the ‘‘Open Cut’’; (i) describes the results of the due dili- the Mine not preclude the location of the (ii) any tailings or tailings storage facility gence inspection under paragraph (2); and laboratory at the Mine; (other than backfill in the portion of the (ii) identifies any condition of or in the (12) Homestake is unwilling to donate, and Mine described in subparagraph (A)); or Mine that may pose an imminent and sub- the State is unwilling to accept, the prop- (iii) any waste rock or any site used for the stantial threat to human health or the envi- erty at the Mine for the laboratory if dumping of waste rock (other than broken ronment. Homestake and the State would continue to rock in the portion of the Mine described in (B) PROCEDURE.— have potential liability with respect to the subparagraph (A)). (i) DRAFT REPORT.—Before finalizing the transferred property; and (10) PERSON.—The term ‘‘person’’ means— report under this paragraph, the independent (13) to secure the use of the Mine as the lo- (A) an individual; entity shall— cation for the laboratory, and to realize the (B) a trust, firm, joint stock company, cor- (I) issue a draft report; benefits of the proposed laboratory, it is nec- poration (including a government corpora- (II) submit to the Administrator, essary for the United States to— tion), partnership, association, limited li- Homestake, and the State a copy of the draft (A) assume a portion of any potential fu- ability company, or any other type of busi- report; ture liability of Homestake concerning the ness entity; (III) issue a public notice requesting com- Mine; and (C) a State or political subdivision of a ments on the draft report that requires all (B) address potential liability associated State; such comments to be filed not later than 45 with the operation of the laboratory. (D) a foreign governmental entity; days after issuance of the public notice; and SEC. 3. DEFINITIONS. (E) an Indian tribe; and (IV) during that 45-day public comment pe- In this Act: (F) any department, agency, or instrumen- riod, conduct at least 1 public hearing in (1) ADMINISTRATOR.—The term ‘‘Adminis- tality of the United States. Lead, South Dakota, to receive comments on trator’’ means the Administrator of the En- (11) PROJECT SPONSOR.—The term ‘‘project the draft report. vironmental Protection Agency. sponsor’’ means an entity that manages or (ii) FINAL REPORT.—In the final report sub- (2) AFFILIATE.— pays the costs of 1 or more projects that are mitted to the Administrator under this para- (A) IN GENERAL.—The term ‘‘affiliate’’ carried out or proposed to be carried out at graph, the independent entity shall respond means any corporation or other person that the laboratory. to, and incorporate necessary changes sug- controls, is controlled by, or is under com- (12) SCIENTIFIC ADVISORY BOARD.—The term gested by, the comments received on the mon control with Homestake. ‘‘Scientific Advisory Board’’ means the enti- draft report. (B) INCLUSIONS.—The term ‘‘affiliate’’ in- ty designated in the management plan of the (4) REVIEW AND APPROVAL BY ADMINIS- cludes a director, officer, or employee of an laboratory to provide scientific oversight for TRATOR.— affiliate. the operation of the laboratory. (A) IN GENERAL.—Not later than 60 days (3) CONVEYANCE.—The term ‘‘conveyance’’ (13) STATE.— after receiving the final report under para- means the conveyance of the Mine to the (A) IN GENERAL.—The term ‘‘State’’ means graph (3), the Administrator shall— State under section 4(a). the State of South Dakota. (i) review the report; and (4) FUND.—The term ‘‘Fund’’ means the En- (B) INCLUSIONS.—The term ‘‘State’’ in- (ii) notify the State in writing of accept- vironment and Project Trust Fund estab- cludes an institution, agency, officer, or em- ance or rejection of the final report. lished under section 8. ployee of the State. (B) CONDITIONS FOR REJECTION.—The Ad- (5) HOMESTAKE.— SEC. 4. CONVEYANCE OF REAL PROPERTY. ministrator may reject the final report only (A) IN GENERAL.—The term ‘‘Homestake’’ (a) IN GENERAL.— if the Administrator identifies 1 or more con- means the Homestake Mining Company of (1) DELIVERY OF DOCUMENTS.—Subject to ditions of the Mine that— California, a California corporation. paragraph (2) and subsection (b) and notwith- (i) may pose an imminent and substantial (B) INCLUSION.—The term ‘‘Homestake’’ in- standing any other provision of law, on the threat to human health or the environment, cludes— execution and delivery by Homestake of 1 or as determined by the Administrator; and (i) a director, officer, or employee of more quit-claim deeds or bills of sale con- (ii) require response action to correct each Homestake; veying to the State all right, title, and inter- condition that may pose an imminent and (ii) an affiliate of Homestake; and est of Homestake in and to the Mine, title to substantial threat to human health or the (iii) any successor of Homestake or suc- the Mine shall pass from Homestake to the environment identified under clause (i) be- cessor to the interest of Homestake in the State. fore conveyance and assumption by the Fed- Mine. (2) CONDITION OF MINE ON CONVEYANCE.—The eral Government of liability concerning the (6) INDEPENDENT ENTITY.—The term ‘‘inde- Mine shall be conveyed as is, with no rep- Mine under this Act. pendent entity’’ means an independent enti- resentations as to the condition of the prop- (C) RESPONSE ACTIONS AND CERTIFICATION.— ty selected jointly by Homestake, the South erty. (i) RESPONSE ACTIONS.—

VerDate Mar 15 2010 03:29 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00096 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY November 15, 2001 CONGRESSIONAL RECORD — SENATE S11965

(I) IN GENERAL.—If the Administrator re- assume any and all liability relating to the conveyed under this Act, except to the ex- jects the final report, Homestake may carry Mine and laboratory, including liability tent that any such claim, injury, damage, li- out or bear the cost of, or permit the State for— ability, or reclamation or cleanup obligation or another person to carry out or bear the (A) damages; arises out of the continued existence or use cost of, such response actions as are nec- (B) reclamation; of the Mine subsequent to the date of con- essary to correct any condition identified by (C) the costs of response to any hazardous veyance. the Administrator under subparagraph (B)(i) substance (as defined in section 101 of the SEC. 7. INSURANCE COVERAGE. that may pose an imminent and substantial Comprehensive Environmental Response, threat to human health or the environment. Compensation, and Liability Act of 1980 (42 (a) PROPERTY AND LIABILITY INSURANCE.— (II) LONG-TERM RESPONSE ACTIONS.— U.S.C. 9601)), contaminant, or other material (1) IN GENERAL.—To the extent property (aa) IN GENERAL.—In a case in which the on, under, or relating to the Mine and lab- and liability insurance is available and sub- Administrator determines that a condition oratory; and ject to the requirements described in para- identified by the Administrator under sub- (D) closure of the Mine and laboratory. graph (2), the State shall purchase property paragraph (B)(i) requires continuing re- (2) CLAIMS AGAINST UNITED STATES.—In the and liability insurance for the Mine and the sponse action, or response action that can be case of any claim brought against the United operation of the laboratory to provide cov- completed only as part of the final closure of States, the United States shall be liable for erage against the liability described in sub- the laboratory, it shall be a condition of con- response costs under paragraph (1)(C) only to sections (a) and (b) of section 6. veyance that Homestake, the State, or an- the extent that an award of response costs is (2) REQUIREMENTS.—The requirements re- other person deposit into the Fund such made in a civil action brought under— ferred to in paragraph (1) are the following: amount as is estimated by the independent (A) the Federal Water Pollution Control (A) TERMS OF INSURANCE.—In determining entity, on a net present value basis and after Act (33 U.S.C. 1251 et seq.); the type, extent of coverage, and policy lim- taking into account estimated interest on (B) the Solid Waste Disposal Act (42 U.S.C. its of insurance purchased under this sub- that basis, to be sufficient to pay the costs of 6901 et seq.); section, the State shall— the long-term response action or the re- (C) the Comprehensive Environmental Re- (i) periodically consult with the Adminis- sponse action that will be completed as part sponse, Compensation, and Liability Act of trator and the Scientific Advisory Board; of the final closure of the laboratory. 1980 (42 U.S.C. 9601 et seq.); or and (bb) LIMITATION ON USE OF FUNDS.—None of (D) any other applicable Federal environ- (ii) consider certain factors, including— the funds deposited into the Fund under item mental law, as determined by the Adminis- (I) the nature of the projects and experi- (aa) shall be expended for any purpose other trator. ments being conducted in the laboratory; than to pay the costs of the long-term re- (b) LIABILITY PROTECTION.—On completion (II) the availability and cost of commercial sponse action, or the response action that of the conveyance, neither Homestake nor insurance; and will be completed as part of the final closure the State shall be liable to any person or the (III) the amount of funding available to of the Mine, identified under that item. United States for injuries, costs, injunctive purchase commercial insurance. (ii) CONTRIBUTION BY HOMESTAKE.—The relief, reclamation, damages (including dam- (B) ADDITIONAL TERMS.—The insurance pur- total amount that Homestake may expend, ages to natural resources or the environ- chased by the State under this subsection pay, or deposit into the Fund under sub- ment), or expenses, or liable under any other may provide coverage that is— clauses (I) and (II) of clause (i) shall not ex- claim (including claims for indemnification (i) secondary to the insurance purchased ceed— or contribution, claims by third parties for by project sponsors; and (I) $75,000,000; less death, personal injury, illness, or loss of or (ii) in excess of amounts available in the (II) the fair value of the Mine as deter- damage to property, or claims for economic Fund to pay any claim. mined under section 5(a). loss), under any law (including a regulation) (3) FINANCING OF INSURANCE PURCHASE.— (iii) CERTIFICATION.— for any claim arising out of or in connection (A) IN GENERAL.—Subject to section 8, the (I) IN GENERAL.—After any response actions with contamination, pollution, or other con- State may finance the purchase of insurance described in clause (i)(I) are carried out and dition, use, or closure of the Mine and lab- required under this subsection by using— any required funds are deposited under oratory, regardless of when a condition giv- (i) funds made available from the Fund; clause (i)(II), the independent entity may ing rise to the liability originated or was dis- and certify to the Administrator that the condi- covered. (ii) such other funds as are received by the tions for rejection identified by the Adminis- (c) INDEMNIFICATION.—Notwithstanding any State for the purchase of insurance for the trator under subparagraph (B) have been cor- other provision of law, on completion of the Mine and laboratory. conveyance in accordance with this Act, the rected. (B) NO REQUIREMENT TO USE STATE FUNDS.— United States shall indemnify, defend, and (II) ACCEPTANCE OR REJECTION OF CERTIFI- Nothing in this Act requires the State to use hold harmless Homestake and the State from CATION.—Not later than 60 days after an inde- State funds to purchase insurance required and against— pendent entity makes a certification under under this subsection. (1) any and all liabilities and claims de- subclause (I), the Administrator shall accept (4) ADDITIONAL INSURED.—Any insurance scribed in subsection (a), without regard to or reject the certification. purchased by the State under this subsection any limitation under subsection (a)(2); and (c) REVIEW OF CONVEYANCE.—For the pur- shall— poses of the conveyance, the requirements of (2) any and all liabilities and claims de- (A) name the United States as an addi- this section shall be considered to be suffi- scribed in subsection (b). tional insured; or (d) WAIVER OF SOVEREIGN IMMUNITY.—For cient to meet any requirement of the Na- (B) otherwise provide that the United the purposes of this Act, the United States tional Environmental Policy Act of 1969 (42 States is a beneficiary of the insurance pol- waives any claim to sovereign immunity. U.S.C. 4321 et seq.). icy having the primary right to enforce all (e) TIMING FOR ASSUMPTION OF LIABILITY.— SEC. 5. ASSESSMENT OF PROPERTY. If the conveyance is effectuated by more rights of the United States under the policy. (a) VALUATION OF PROPERTY.—The inde- than 1 legal transaction, the assumption of (5) TERMINATION OF OBLIGATION TO PUR- pendent entity shall assess the fair value of liability, liability protection, indemnifica- CHASE INSURANCE.—The obligation of the the Mine. tion, and waiver of sovereign immunity pro- State to purchase insurance under this sub- (b) FAIR VALUE.—For the purposes of this vided for under this section shall apply to section shall terminate on the date on section, the fair value of the Mine shall in- each legal transaction, as of the date on which— clude the estimated cost, as determined by which the transaction is completed and with (A) the Mine ceases to be used as a labora- the independent entity under subsection (a), respect to such portion of the Mine as is con- tory; or of replacing the shafts, winzes, hoists, tun- veyed under that transaction. (B) sufficient funding ceases to be avail- nels, ventilation system, and other equip- (f) EXCEPTIONS FOR HOMESTAKE CLAIMS.— able for the operation and maintenance of ment and improvements at the Mine that are Nothing in this section constitutes an as- the Mine or laboratory. expected to be used at, or that will be useful sumption of liability by the United States, (b) PROJECT INSURANCE.— to, the laboratory. or relief of liability of Homestake, for— (1) IN GENERAL.—The State, in consultation (c) REPORT.—Not later than the date on (1) any unemployment, worker’s compensa- with the Administrator and the Scientific which each report developed in accordance tion, or other employment-related claim or Advisory Board, may require, as a condition with section 4(b)(3) is submitted to the Ad- cause of action of an employee of Homestake of approval of a project for the laboratory, ministrator, the independent entity de- that arose before the date of conveyance; that a project sponsor provide property and scribed in subsection (a) shall submit to the (2) any claim or cause of action that arose liability insurance or other applicable cov- State a report that identifies the fair value before the date of conveyance, other than an erage for potential liability associated with assessed under subsection (a). environmental claim or a claim concerning the project described in subsections (a) and SEC. 6. LIABILITY. natural resources; (b) of section 6. (a) ASSUMPTION OF LIABILITY.— (3) any violation of any provision of crimi- (2) ADDITIONAL INSURED.—Any insurance (1) IN GENERAL.—Subject to paragraph (2), nal law; or obtained by the project sponsor under this notwithstanding any other provision of law, (4) any claim, injury, damage, liability, or section shall— on completion of the conveyance in accord- reclamation or cleanup obligation with re- (A) name the State and the United States ance with this Act, the United States shall spect to any property or asset that is not as additional insureds; or

VerDate Mar 15 2010 03:29 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00097 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S11966 CONGRESSIONAL RECORD — SENATE November 15, 2001 (B) otherwise provide that the State and (B) may direct that amounts in the Fund SECTION 1. SHORT TITLE. the United States are beneficiaries of the in- be applied to pay amounts and costs de- This Act may be cited as the ‘‘Intellectual surance policy having the primary right to scribed in this section; and Property and High Technology Technical enforce all rights under the policy. (2) may take action to enforce the right of Amendments Act of 2001’’. (c) STATE INSURANCE.— the United States to receive 1 or more pay- SEC. 2. OFFICERS AND EMPLOYEES. (1) IN GENERAL.—To the extent required by ments from the Fund. (a) RENAMING OF OFFICERS.—(1)(A) Except as State law, the State shall purchase, with re- (e) NO REQUIREMENT OF DEPOSIT OF PUBLIC provided in subparagraph (B), title 35, United spect to the operation of the Mine and the FUNDS.—Nothing in this section requires the States Code, other than section 210(d), is amend- laboratory— State to deposit State funds as a condition of ed— (A) unemployment compensation insur- the assumption by the United States of li- (i) by striking ‘‘Director’’ each place it ap- ance; and ability, or the relief of the State or pears and inserting ‘‘Commissioner’’; and (B) worker’s compensation insurance. Homestake from liability, under section 6. (ii) by striking ‘‘Director’s’’ each place it ap- (2) PROHIBITION ON USE OF FUNDS FROM SEC. 9. WASTE ROCK MIXING. pears and inserting ‘‘Commissioner’s’’. FUND.—A State shall not use funds from the After completion of the conveyance, the (B) Section 3(b)(5) of title 35, United States Fund to carry out paragraph (1). State shall obtain the approval of the Ad- Code, is amended by striking ‘‘Director’’ the SEC. 8. ENVIRONMENT AND PROJECT TRUST ministrator before disposing of any material first place it appears and inserting ‘‘Commis- FUND. quantity of laboratory waste rock if— sioner’’. (1) the disposal site is on land not conveyed (C) Section 3(a) of title 35, United States Code, (a) ESTABLISHMENT.—On completion of the conveyance, the State shall establish, in an under this Act; and is amended in the subsection heading, by strik- interest-bearing account at an accredited fi- (2) the State determines that the disposal ing ‘‘DIRECTOR’’ and inserting ‘‘COMMIS- nancial institution located within the State, could result in commingling of laboratory SIONER’’. the Environment and Project Trust Fund. waste rock with waste rock disposed of by (D) Section 3(b)(1) of title 35, United States Homestake before the date of conveyance. Code, is amended in the paragraph heading, by (b) AMOUNTS.—The Fund shall consist of— striking ‘‘DIRECTOR’’ and inserting ‘‘COMMIS- (1) an annual deposit from the operation SEC. 10. REQUIREMENTS FOR OPERATION OF LABORATORY. SIONER’’. and maintenance funding provided for the After the conveyance, nothing in this Act (2) The Act of July 5, 1946 (commonly referred laboratory in an amount to be determined— exempts the laboratory from compliance to as the ‘‘Trademark Act of 1946’’; 15 U.S.C. (A) by the State, in consultation with the with any law (including a Federal environ- 1051 et seq.) is amended by striking ‘‘Director’’ Administrator and the Scientific Advisory mental law). each place it appears and inserting ‘‘Commis- Board; and SEC. 11. CONTINGENCY. sioner’’. (B) after taking into consideration— (3)(A) Title 35, United States Code, other than This Act shall be effective contingent on (i) the nature of the projects and experi- subsection (f) of section 3, is amended by strik- the selection, by the National Science Foun- ments being conducted at the laboratory; ing ‘‘Commissioner for Patents’’ each place it dation, of the Mine as the site for the labora- (ii) available amounts in the Fund; appears and inserting ‘‘Assistant Commissioner tory. (iii) any pending costs or claims that may for Patents’’. be required to be paid out of the Fund; and SEC. 12. OBLIGATION IN THE EVENT OF NON- (B) Title 35, United States Code, other than CONVEYANCE. (iv) the amount of funding required for fu- subsection (f) of section 3, is amended by strik- ture actions associated with the closure of If the conveyance under this Act does not ing ‘‘Commissioner for Trademarks’’ each place the facility; occur, any obligation of Homestake relating it appears and inserting ‘‘Assistant Commis- (2) an amount determined by the State, in to the Mine shall be limited to such reclama- sioner for Trademarks’’. consultation with the Administrator and the tion or remediation as is required under any (C) Section 3(b)(2) of title 35, United States Scientific Advisory Board, and to be paid by applicable law other than this Act. Code, is amended— the appropriate project sponsor, for each SEC. 13. PAYMENT AND REIMBURSEMENT OF (i) in the paragraph heading, by striking project to be conducted, which amount— COSTS. ‘‘COMMISSIONERS’’ and inserting ‘‘ASSISTANT (A) shall be used to pay— The United States may seek payment— COMMISSIONERS’’; (i) costs incurred in removing from the (1) from the Fund, under section 8(d), to (ii) in subparagraph (A), in the last sen- Mine or laboratory equipment or other mate- pay or reimburse the United States for tence— rials related to the project; amounts payable or liabilities incurred (I) by striking ‘‘a Commissioner’’ and insert- (ii) claims arising out of or in connection under this Act; and ing ‘‘an Assistant Commissioner’’; and with the project; and (2) from available insurance, to pay or re- (II) by striking ‘‘the Commissioner’’ and in- (iii) if any portion of the amount remains imburse the United States and the Fund for serting ‘‘the Assistant Commissioner’’; after paying the expenses described in amounts payable or liabilities incurred (iii) in subparagraph (B)— clauses (i) and (ii), other costs described in under this Act. (I) by striking ‘‘Commissioners’’ each place it subsection (c); and SEC. 14. AUTHORIZATION OF APPROPRIATIONS. appears and inserting ‘‘Assistant Commis- (B) may, at the discretion of the State, be There are authorized to be appropriated sioners’’; assessed— such sums as are necessary to carry out this (II) by striking ‘‘Commissioners’ ’’ each place (i) annually; or Act. it appears and inserting ‘‘Assistant Commis- (ii) in a lump sum as a prerequisite to the sioners’ ’’; and approval of the project; SEC. 15. TANF BONUSES TO REWARD DECREASE IN ILLEGITIMACY RATIO. (iv) in subparagraph (C), by striking ‘‘Com- (3) interest earned on amounts in the (a) RESCISSION.—Effective on the date of missioners’’ and inserting ‘‘Assistant Commis- Fund, which amount of interest shall be used enactment of this Act, $100,000,000 of the sioners’’. only for a purpose described in subsection amount appropriated under subparagraph (D) (D) Section 3(b) of title 35, United States Code, (c); and of section 403(a)(2) of the Social Security Act is amended— (4) all other funds received and designated (42 U.S.C. 603(a)(2)) is rescinded. (i) by redesignating paragraphs (3), (4), and by the State for deposit in the Fund. (b) BUDGET SCORING.—Notwithstanding sec- (5) as paragraphs (4), (5), and (6), respectively; (c) EXPENDITURES FROM FUND.—Amounts tion 257(b)(2) of the Balanced Budget and and in the Fund shall be used only for the pur- Emergency Deficit Control Act of 1985 (2 (ii) by inserting after paragraph (2) the fol- poses of funding— U.S.C. 907(b)(2)), the Director of the Congres- lowing: (1) waste and hazardous substance removal sional Budget Office and the Director of the ‘‘(3) SPECIAL COUNSEL FOR INTELLECTUAL or remediation, or other environmental Office of Management and Budget shall PROPERTY POLICY AND DEPUTY COMMISSIONER cleanup at the Mine; project the baseline assumption with respect FOR LEGISLATIVE AND INTERNATIONAL AFFAIRS (2) removal of equipment and material no to the amount of bonus grants that shall be OF THE UNITED STATES PATENT AND TRADEMARK longer used, or necessary for use, in conjunc- made under section 403(a)(2) of the Social Se- OFFICE.— tion with a project conducted at the labora- curity Act (42 U.S.C. 603(a)(2)) for fiscal year ‘‘(A) APPOINTMENT AND DUTIES.—The Special tory; 2003 and each fiscal year thereafter without Counsel for Intellectual Property Policy shall be (3) a claim arising out of or in connection regard to the amount rescinded under sub- a citizen of the United States and shall be ap- with the conducting of such a project; section (a). pointed by the President, after consultation (4) purchases of insurance by the State as with the Secretary of Commerce. The Deputy required under section 7; SA 2162. Mr. REID (for Mr. HATCH) Commissioner for Legislative and International (5) payments for and other costs relating Affairs shall be a citizen of the United States to liability described in section 6; and proposed an amendment to the bill S. 320, to make technical corrections in and shall be appointed by the President, after (6) closure of the Mine and laboratory. consultation with the Secretary of Commerce. (d) FEDERAL PAYMENTS FROM FUND.—The patent, copyright, and trademark laws; The Special Counsel shall serve as the chief in- United States— as follows: tellectual property policy advisor to the Under (1) to the extent the United States assumes In lieu of the matter proposed to be in- Secretary of Commerce for Intellectual Property liability under section 6— serted by the House amendment, insert the and Commissioner for Patents and Trademarks. (A) shall be a beneficiary of the Fund; and following: The Deputy Commissioner for Legislative and

VerDate Mar 15 2010 03:29 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00098 Fmt 0624 Sfmt 6333 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY November 15, 2001 CONGRESSIONAL RECORD — SENATE S11967 International Affairs shall serve as the chief ad- Trademarks’’ and inserting ‘‘Assistant Commis- (B) in subsection (c), by striking ‘‘Unless the visor on all congressional and international sioner for Patents, the Assistant Commissioner requesting person is the owner of the patent, matters relating to intellectual property and ad- for Trademarks’’. the’’ and inserting ‘‘The’’. ministration of the Office. (b) ADDITIONAL CLERICAL AMENDMENTS.— (2) Section 312 is amended— ‘‘(B) OATH.—The Special Counsel and the (1) The following provisions of law are amend- (A) in subsection (a), by striking the last sen- Deputy Commissioner for Legislative and Inter- ed by striking ‘‘Director’’ each place it appears tence; and national Affairs shall, before taking office, take and inserting ‘‘Commissioner’’. (B) in subsection (b), by striking ‘‘, if any’’. an oath to discharge faithfully responsible du- (A) Section 9(p)(1)(B) of the Small Business (3) Section 314(b)(1) is amended— (A) by striking ‘‘(1) This’’ and all that follows ties. Act (15 U.S.C. 638(p)(1)(B). (B) Section 19 of the Tennessee Valley Au- through ‘‘(2)’’ and inserting ‘‘(1)’’; ‘‘(C) REMOVAL.—The Special Counsel and the (B) by striking ‘‘the third-party requester Deputy Commissioner for Legislative and Inter- thority Act of 1933 (16 U.S.C. 831r). (C) Section 182(b)(2)(A) of the Trade Act of shall receive a copy’’ and inserting ‘‘the Office national Affairs may be removed from office by shall send to the third-party requester a copy’’; the President. The President shall provide noti- 1974 (19 U.S.C. 2242(b)(2)(A)). (D) Section 302(b)(2)(D) of the Trade Act of and fication of any such removal to both Houses of (C) by redesignating paragraph (3) as para- Congress. 1974 (19 U.S.C. 2412(b)(2)(D)). (E) Section 702(d) of the Federal Food, Drug, graph (2). ‘‘(D) COMPENSATION.—The Special Counsel (4) Section 315(c) is amended by striking and the Deputy Commissioner for Legislative and Cosmetic Act (21 U.S.C. 372(d)). (F) Section 1295(a)(4)(B) of title 28, United ‘‘United States Code,’’. and International Affairs of the United States States Code. (5) Section 317 is amended— Patent and Trademark Office shall be paid an (G) Section 1744 of title 28, United States (A) in subsection (a), by striking ‘‘patent annual rate of basic pay— Code. owner nor the third-party requester, if any, nor ‘‘(i) not less than the minimum rate of basic (H) Section 151 of the Atomic Energy Act of privies of either’’ and inserting ‘‘third-party re- pay for a position at ES–4 of the Senior Execu- 1954 (42 U.S.C. 2181). quester nor its privies’’; and tive Service established under section 5382 of (I) Section 152 of the Atomic Energy Act of (B) in subsection (b), by striking ‘‘United title 5; and 1954 (42 U.S.C. 2182). States Code,’’. (b) CONFORMING AMENDMENTS.— ‘‘(ii) not to exceed the maximum rate of basic (J) Section 305 of the National Aeronautics (1) APPEAL TO THE BOARD OF PATENT APPEALS pay for the Senior Executive Service established and Space Act of 1958 (42 U.S.C. 2457). AND INTERFERENCES.—Subsections (a), (b), and under section 5382 of title 5, including any ap- (K) Section 12(a) of the Solar Heating and (c) of section 134 of title 35, United States Code, plicable locality-based comparability payment Cooling Demonstration Act of 1974 (42 U.S.C. are each amended by striking ‘‘administrative that may be authorized under section 5510(a)), the last place such term appears. 5304(h)(2)(C) of title 5.’’. (L) Section 10(i) of the Trading with the patent judge’’ each place it appears and insert- (E) Section 3(f) of title 35, United States Code, enemy Act (50 U.S.C. App. 10(i)). ing ‘‘primary examiner’’. (2) PROCEEDING ON APPEAL.—Section 143 of is amended in subparagraphs (A) and (B) of (M) Sections 4203, 4506, 4606, and 4804(d)(2) of title 35, United States Code, is amended by paragraph (2)— the Intellectual Property and Communications amending the third sentence to read as follows: (i) by striking ‘‘the Commissioner’’ each place Omnibus Reform Act of 1999, as enacted by sec- ‘‘In an ex parte case or any reexamination case, it appears and inserting ‘‘the Assistant Commis- tion 1000(a)(9) of Public Law 106–113. sioner’’; and (2) The item relating to section 1744 in the the Commissioner shall submit to the court in (ii) by striking ‘‘a Commissioner’’ each place it table of sections for chapter 115 of title 28, writing the grounds for the decision of the Pat- appears and inserting ‘‘an Assistant Commis- United States Code, is amended by striking ent and Trademark Office, addressing all the sioner’’. ‘‘generally’’ and inserting ‘‘, generally’’. issues involved in the appeal. The court shall, (F) Section 13 of title 35, United States Code, (c) PRESIDENTIAL APPOINTMENT AND COM- before hearing an appeal, give notice of the time is amended— PENSATION FOR DEPUTY DIRECTOR.—Section and place of the hearing to the Commissioner (i) by striking ‘‘Commissioner of’’ each place it 3(b)(1) of title 35, United States Code, is amend- and the parties in the appeal.’’. (c) CLERICAL AMENDMENTS.— ed by— appears and inserting ‘‘Assistant Commissioner (1) Section 4604(a) of the Intellectual Property (1) striking ‘‘The Secretary of Commerce, upon for’’; and and Communications Omnibus Reform Act of nomination by the Director,’’ and inserting the (ii) by striking ‘‘Commissioners’’ and inserting 1999, as enacted by section 1000(a)(9) of Public following: ‘‘Assistant Commissioners’’. Law 106–113, is amended by striking ‘‘Part 3’’ ‘‘(A) IN GENERAL.—The President, after con- (G) Chapter 17 of title 35, United States Code, and inserting ‘‘Part III’’. sultation with the Secretary of Commerce,’’; and is amended by striking ‘‘Commissioner of Pat- (2) Section 4604(b) of that Act is amended by (2) inserting at the end the following: ents’’ each place it appears and inserting ‘‘As- striking ‘‘title 25’’ and inserting ‘‘title 35’’. ‘‘(B) COMPENSATION.—The Deputy Commis- sistant Commissioner for Patents’’. (d) EFFECTIVE DATE.—The amendments made sioner shall be paid an annual rate of basic (H) Section 297 of title 35, United States Code, by section 4605 (b), (c), and (e) of the Intellec- pay— is amended by striking ‘‘Commissioner of Pat- tual Property and Communications Omnibus ‘‘(i) not less than the minimum rate of basic ents’’ each place it appears and inserting ‘‘Com- Reform Act, as enacted by section 1000(a)(9) of pay for a position at ES–4 of the Senior Execu- missioner’’. Public Law 106–113, shall apply to any reexam- tive Service established under section 5382 of (4) Section 5314 of title 5, United States Code, ination filed in the United States Patent and title 5; and is amended by striking Trademark Office on or after the date of the en- ‘‘(ii) not to exceed the maximum rate of basic ‘‘Under Secretary of Commerce for Intellectual actment of Public Law 106–113. Property and Director of the United States Pat- pay for the Senior Executive Service established under section 5382 of title 5, including any ap- SEC. 4. PATENT AND TRADEMARK EFFICIENCY ent and Trademark Office.’’ ACT AMENDMENTS. plicable locality-based comparability payment and inserting (a) DEPUTY COMMISSIONER.— that may be authorized under section (1) Section 17(b) of the Act of July 5, 1946 ‘‘Under Secretary of Commerce for Intellectual 5304(h)(2)(C) of title 5.’’. Property and Commissioner of the United States (commonly referred to as the ‘‘Trademark Act of (d) REFERENCES.—Any reference in any other 1946’’) (15 U.S.C. 1067(b)), is amended by insert- Patent and Trademark Office.’’. Federal law, Executive order, rule, regulation, (5) Section 5315 of title 5, United States Code, ing ‘‘the Deputy Commissioner,’’ after ‘‘Commis- or delegation of authority, or any document of sioner,’’. is amended by striking the following: or pertaining to the Patent and Trademark Of- ‘‘Deputy Under Secretary of Commerce for In- (2) Section 6(a) of title 35, United States Code, fice— is amended by inserting ‘‘the Deputy Commis- tellectual Property and Deputy Director of the (1) to the Director of the United States Patent United States Patent and Trademark Office.’’. sioner,’’ after ‘‘Commissioner,’’. and Trademark Office or to the Commissioner of (b) PUBLIC ADVISORY COMMITTEES.—Section 5 (6)(A) Sections 303 and 304 of title 35, United Patents and Trademarks is deemed to refer to States Code, are each amended in the section of title 35, United States Code, is amended— the Under Secretary of Commerce for Intellec- (1) in subsection (i), by inserting ‘‘, privi- headings by striking ‘‘ ’’ and inserting Director tual Property and Commissioner of the United leged,’’ after ‘‘personnel’’; and ‘‘Commissioner’’. States Patent and Trademark Office; (2) by adding at the end the following new (B) The items relating to sections 303 and 304 (2) to the Commissioner for Patents is deemed subsection: in the table of sections for chapter 30 of title 35, to refer to the Assistant Commissioner for Pat- ‘‘(j) INAPPLICABILITY OF PATENT PROHIBI- United States Code, are each amended by strik- ents; and TION.—Section 4 shall not apply to voting mem- ing ‘‘Director’’ and inserting ‘‘Commissioner’’. (3) to the Commissioner for Trademarks is bers of the Advisory Committees.’’. (7)(A) Sections 312 and 313 of title 35, United deemed to refer to the Assistant Commissioner (c) MISCELLANEOUS.—Section 153 of title 35, States Code, are each amended in the section for Trademarks. United States Code, is amended by striking headings by striking ‘‘Director’’ and inserting SEC. 3. CLARIFICATION OF REEXAMINATION PRO- ‘‘and attested by an officer of the Patent and ‘‘Commissioner’’. CEDURE ACT OF 1999; TECHNICAL Trademark Office designated by the Commis- (B) The items relating to sections 312 and 313 AMENDMENTS. sioner,’’. in the table of sections for chapter 31 of title 35, (a) OPTIONAL INTER PARTES REEXAMINATION SEC. 5. DOMESTIC PUBLICATION OF FOREIGN United States Code, are each amended by strik- PROCEDURES.—Title 35, United States Code, is FILED PATENT APPLICATIONS ACT ing ‘‘Director’’ and inserting ‘‘Commissioner’’. amended as follows: OF 1999 AMENDMENTS. (8) Section 17(b) of the Trademark Act of 1946 (1) Section 311 is amended— Section 154(d)(4)(A) of title 35, United States (15 U.S.C. 1067) is amended by striking ‘‘Com- (A) in subsection (a), by striking ‘‘person’’ Code, as in effect on November 29, 2000, is missioner for Patents, the Commissioner for and inserting ‘‘third-party requester’’; and amended—

VerDate Mar 15 2010 03:29 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00099 Fmt 0624 Sfmt 6333 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S11968 CONGRESSIONAL RECORD — SENATE November 15, 2001 (1) by striking ‘‘on which the Patent and (1) Section 2(b) is amended in paragraphs (16) Section 210 is amended— Trademark Office receives a copy of the’’ and (2)(B) and (4)(B), by striking ‘‘, United States (A) in subsection (a)— inserting ‘‘of’’; and Code’’. (i) in paragraph (11), by striking ‘‘5901’’ and (2) by striking ‘‘international application’’ the (2) Section 3 is amended— inserting ‘‘5908’’; and last place it appears and inserting ‘‘publica- (A) in subsection (a)(2)(B), by striking (ii) in paragraph (20) by striking ‘‘178(j)’’ and tion’’. ‘‘United States Code,’’; inserting ‘‘178j’’; and SEC. 6. DOMESTIC PUBLICATION OF PATENT AP- (B) in subsection (b)(2)— (B) in subsection (c)— PLICATIONS PUBLISHED ABROAD. (i) in the first sentence of subparagraph (A), (i) by striking ‘‘paragraph 202(c)(4)’’ and in- Subtitle E of title IV of the Intellectual Prop- by striking ‘‘, United States Code’’; serting ‘‘section 202(c)(4)’’; and erty and Communications Omnibus Reform Act (ii) in the first sentence of subparagraph (B)— (ii) by striking ‘‘title..’’ and inserting ‘‘title.’’. of 1999, as enacted by section 1000(a)(9) of Pub- (I) by striking ‘‘United States Code,’’; and (17) The item relating to chapter 29 in the lic Law 106–113, is amended as follows: (II) by striking ‘‘, United States Code’’; table of chapters for part III is amended by in- (1) Section 4505 is amended to read as follows: (iii) in the second sentence of subparagraph serting a comma after ‘‘Patent’’. ‘‘SEC. 4505. PRIOR ART EFFECT OF PUBLISHED (B)— (18) The item relating to section 256 in the APPLICATIONS. (I) by striking ‘‘United States Code,’’; and table of contents for chapter 25 is amended to ‘‘Section 102(e) of title 35, United States Code, (II) by striking ‘‘, United States Code.’’ and read as follows: is amended to read as follows: inserting a period; ‘‘256. Correction of named inventor.’’. ‘‘ ‘(e) the invention was described in (1) an ap- (iv) in the last sentence of subparagraph (B), plication for patent, published under section by striking ‘‘, United States Code’’; and (19) Section 294 is amended— 122(b), by another filed in the United States be- (v) in subparagraph (C), by striking ‘‘, United (A) in subsection (b), by striking ‘‘United fore the invention by the applicant for patent or States Code’’; and States Code,’’; and (2) a patent granted on an application for pat- (C) in subsection (c)— (B) in subsection (c), in the second sentence ent by another filed in the United States before (i) in the subsection caption, by striking ‘‘, by striking ‘‘court to’’ and inserting ‘‘court of’’. the invention by the applicant for patent, except UNITED STATES CODE’’; and (20) Section 371(d) is amended by adding at that an international application filed under (ii) by striking ‘‘United States Code,’’. the end a period. the treaty defined in section 351(a) shall have (3) Section 5 is amended in subsections (e) and (21) Paragraphs (1), (2), and (3) of section the effects for the purposes of this subsection of (g), by striking ‘‘, United States Code’’ each 376(a) are each amended by striking the semi- an application filed in the United States only if place it appears. colon and inserting a period. the international application designated the (4) The table of chapters for part I is amended (b) OTHER AMENDMENTS.— United States and was published under Article in the item relating to chapter 3, by striking (1) Section 4732(a) of the Intellectual Property 21(2) of such treaty in the English language; ‘‘before’’ and inserting ‘‘Before’’. and Communications Omnibus Reform Act of or’. ’’. (5) The item relating to section 21 in the table 1999 is amended— (2) Section 4507 is amended— of contents for chapter 2 is amended to read as (A) in paragraph (9)(A)(ii), by inserting ‘‘in (A) in paragraph (1), by striking ‘‘Section 11’’ follows: subsection (b),’’ after ‘‘(ii)’’; and and inserting ‘‘Section 10’’; (B) in paragraph (10)(A), by inserting after ‘‘21. Filing date and day for taking action.’’. (B) in paragraph (2), by striking ‘‘Section 12’’ ‘‘title 35, United States Code,’’ the following: and inserting ‘‘Section 11’’. (6) The item relating to chapter 12 in the table ‘‘other than sections 1 through 6 (as amended (C) in paragraph (3), by striking ‘‘Section 13’’ of chapters for part II is amended to read as fol- by chapter 1 of this subtitle),’’. and inserting ‘‘Section 12’’; lows: (2) Section 4802(1) of that Act is amended by (D) in paragraph (4), by striking ‘‘12 and 13’’ ‘‘12. Examination of Application ...... 131’’. inserting ‘‘to’’ before ‘‘citizens’’. and inserting ‘‘11 and 12’’; (E) in section 374 of title 35, United States (7) The item relating to section 116 in the table (3) Section 4804 of that Act is amended— Code, as amended by paragraph (10), by striking of contents for chapter 11 is amended to read as (A) in subsection (b), by striking ‘‘11(a)’’ and ‘‘confer the same rights and shall have the same follows: inserting ‘‘10(a)’’; and effect under this title as an application for pat- ‘‘116. Inventors.’’. (B) in subsection (c), by striking ‘‘13’’ and in- serting ‘‘12’’. ent published’’ and inserting ‘‘be deemed a pub- (8) Section 154(b)(4) is amended by striking ‘‘, lication’’; and (4) Section 4402(b)(1) of that Act is amended United States Code,’’. by striking ‘‘in the fourth paragraph’’. (F) by adding at the end the following: (9) Section 156 is amended— ‘‘(12) The item relating to section 374 in the (A) in subsection (b)(3)(B), by striking ‘‘para- SEC. 8. TECHNICAL CORRECTIONS IN TRADE- table of contents for chapter 37 of title 35, MARK LAW. graphs’’ and inserting ‘‘paragraph’’; (a) AWARD OF DAMAGES.—Section 35(a) of the United States Code, is amended to read as fol- (B) in subsection (d)(2)(B)(i), by striking lows: Act of July 5, 1946 (commonly referred to as the ‘‘below the office’’ and inserting ‘‘below the Of- ‘‘Trademark Act of 1946’’) (15 U.S.C. 1117(a)), is ‘‘ ‘374. Publication of international applica- fice’’; and tion.’ ’’. (C) in subsection (g)(6)(B)(iii), by striking amended by striking ‘‘a violation under section (3) Section 4508 is amended to read as follows: ‘‘submittted’’ and inserting ‘‘submitted’’. 43(a), (c), or (d),’’ and inserting ‘‘a violation ‘‘SEC. 4508. EFFECTIVE DATE. (10) The item relating to section 183 in the under section 43(a) or (d),’’. ‘‘Except as otherwise provided in this section, table of contents for chapter 17 is amended by (b) ADDITIONAL TECHNICAL AMENDMENTS.— sections 4502 through 4504 and 4506 through striking ‘‘of’’ and inserting ‘‘to’’. The Trademark Act of 1946 is further amended 4507, and the amendments made by such sec- (11) Section 185 is amended by striking the sec- as follows: tions, shall be effective as of November 29, 2000, ond period at the end of the section. (1) Section 1(d)(1) (15 U.S.C. 1051(d)(1)) is and shall apply only to applications (including (12) Section 201(a) is amended— amended in the first sentence by striking ‘‘speci- international applications designating the (A) by striking ‘‘United States Code,’’; and fying the date of the applicant’s first use’’ and United States) filed on or after that date. The (B) by striking ‘‘5, United States Code.’’ and all that follows through the end of the sentence amendments made by section 4504 shall addi- inserting ‘‘5.’’. and inserting ‘‘specifying the date of the appli- tionally apply to any pending application filed (13) Section 202 is amended— cant’s first use of the mark in commerce and before November 29, 2000, if such pending appli- (A) in subsection (b)(4), by striking ‘‘last those goods or services specified in the notice of cation is published pursuant to a request of the paragraph of section 203(2)’’ and inserting ‘‘sec- allowance on or in connection with which the applicant under such procedures as may be es- tion 203(b)’’; and mark is used in commerce.’’. tablished by the Commissioner. Except as other- (B) in subsection (c)— (2) Section 1(e) (15 U.S.C. 1051(e)) is amended wise provided in this section, the amendments (i) in paragraph (4), by striking ‘‘rights;’’ and to read as follows: made by section 4505 shall be effective as of No- inserting ‘‘rights,’’; and ‘‘(e) If the applicant is not domiciled in the vember 29, 2000 and shall apply to all patents (ii) in paragraph (5), by striking ‘‘of the United States the applicant may designate, by a and all applications for patents pending on or United States Code’’. document filed in the United States Patent and filed after November 29, 2000. Patents resulting (14) Section 203 is amended— Trademark Office, the name and address of a from an international application filed before (A) in paragraph (2)— person resident in the United States on whom November 29, 2000 and applications published (i) by striking ‘‘(2)’’ and inserting ‘‘(b)’’; may be served notices or process in proceedings pursuant to section 122(b) or Article 21(2) of the (ii) by striking the quotation marks and affecting the mark. Such notices or process may treaty defined in section 351(a) resulting from comma before ‘‘as appropriate’’; and be served upon the person so designated by leav- an international application filed before Novem- (iii) by striking ‘‘paragraphs (a) and (c)’’ and ing with that person or mailing to that person ber 29, 2000 shall not be effective as prior art as inserting ‘‘paragraphs (1) and (3) of subsection a copy thereof at the address specified in the of the filing date of the international applica- (a)’’; and last designation so filed. If the person so des- tion; however, such patents shall be effective as (B) in the first paragraph— ignated cannot be found at the address given in prior art in accordance with section 102(e) in ef- (i) by striking ‘‘(a)’’, ‘‘(b)’’, ‘‘(c)’’, and ‘‘(d)’’ the last designation, or if the registrant does not fect on November 28, 2000.’’. and inserting ‘‘(1)’’, ‘‘(2)’’, ‘‘(3)’’, and ‘‘(4)’’, re- designate by a document filed in the United SEC. 7. MISCELLANEOUS CLERICAL AMEND- spectively; and States Patent and Trademark Office the name MENTS. (ii) by striking ‘‘(1.’’ and inserting ‘‘(a)’’. and address of a person resident in the United (a) AMENDMENTS TO TITLE 35.—The following (15) Section 209 is amended in subsections States on whom may be served notices or process provisions of title 35, United States Code, are (d)(2) and (f), by striking ‘‘of the United States in proceedings affecting the mark, such notices amended: Code’’. or process may be served on the Commissioner.’’.

VerDate Mar 15 2010 03:29 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00100 Fmt 0624 Sfmt 6333 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY November 15, 2001 CONGRESSIONAL RECORD — SENATE S11969 (3) Section 8(f) (15 U.S.C. 1058(f)) is amended United States Patent and Trademark Office the (1) Section 119(a)(6) is amended by striking to read as follows: name and address of a person resident in the ‘‘of performance’’ and inserting ‘‘of a perform- ‘‘(f) If the registrant is not domiciled in the United States on whom may be served notices or ance’’. United States, the registrant may designate, by process in proceedings affecting the mark. Such (2)(A) The section heading for section 122 is a document filed in the United States Patent notices or process may be served upon the per- amended by striking ‘‘rights; secondary’’ and and Trademark Office, the name and address of son so designated by leaving with that person or inserting ‘‘rights: Secondary’’. a person resident in the United States on whom mailing to that person a copy thereof at the ad- (B) The item relating to section 122 in the may be served notices or process in proceedings dress specified in the last designation so filed. If table of contents for chapter 1 is amended to affecting the mark. Such notices or process may the person so designated cannot be found at the read as follows: be served upon the person so designated by leav- address given in the last designation, or if the ‘‘122. Limitations on exclusive rights: Secondary ing with that person or mailing to that person assignee does not designate by a document filed transmissions by satellite carriers a copy thereof at the address specified in the in the United States Patent and Trademark Of- within local markets.’’. last designation so filed. If the person so des- fice the name and address of a person resident (3)(A) The section heading for section 121 is ignated cannot be found at the address given in in the United States on whom may be served no- amended by striking ‘‘reproduction’’ and in- the last designation, or if the registrant does not tices or process in proceedings affecting the serting ‘‘Reproduction’’. designate by a document filed in the United mark, such notices or process may be served (B) The item relating to section 121 in the States Patent and Trademark Office the name upon the Commissioner.’’. table of contents for chapter 1 is amended by and address of a person resident in the United (6) Section 23(c) (15 U.S.C. 1091(c)) is amended striking ‘‘reproduction’’ and inserting ‘‘Repro- States on whom may be served notices or process by striking the second comma after ‘‘numeral’’. duction’’. in proceedings affecting the mark, such notices (7) Section 33(b)(8) (15 U.S.C. 1115(b)(8)) is (4)(A) Section 106 is amended by striking ‘‘107 or process may be served on the Commissioner.’’. amended by aligning the text with paragraph through 121’’ and inserting ‘‘107 through 122’’. (4) Section 9(c) (15 U.S.C. 1059(c)) is amended (7). (B) Section 501(a) is amended by striking ‘‘106 to read as follows: (8) Section 34(d)(1)(A) (15 U.S.C. through 121’’ and inserting ‘‘106 through 122’’. ‘‘(c) If the registrant is not domiciled in the 1116(d)(1)(A)) is amended by striking ‘‘section (C) Section 511(a) is amended by striking ‘‘106 United States the registrant may designate, by a 110’’ and all that follows through ‘‘(36 U.S.C. through 121’’ and inserting ‘‘106 through 122’’. document filed in the United States Patent and 380)’’ and inserting ‘‘section 220506 of title 36, (5) Section 101 is amended— Trademark Office, the name and address of a United States Code,’’. (A) by moving the definition of ‘‘computer person resident in the United States on whom (9) Section 34(d)(1)(B)(ii) (15 U.S.C. program’’ so that it appears after the definition may be served notices or process in proceedings 1116(d)(1)(B)(ii)) is amended by striking ‘‘section of ‘‘compilation’’; and affecting the mark. Such notices or process may 110’’ and all that follows through ‘‘(36 U.S.C. (B) by moving the definition of ‘‘registration’’ be served upon the person so designated by leav- 380)’’ and inserting ‘‘section 220506 of title 36, so that it appears after the definition of ‘‘pub- ing with that person or mailing to that person United States Code’’. licly’’. a copy thereof at the address specified in the (10) Section 34(d)(11) is amended by striking (6) Section 110(4)(B) is amended in the matter last designation so filed. If the person so des- ‘‘6621 of the Internal Revenue Code of 1954’’ and preceding clause (i) by striking ‘‘conditions;’’ ignated cannot be found at the address given in inserting ‘‘6621(a)(2) of the Internal Revenue and inserting ‘‘conditions:’’. the last designation, or if the registrant does not Code of 1986’’. (7) Section 118(b)(1) is amended in the second designate by a document filed in the United (11) Section 35(b) (15 U.S.C. 1117(b)) is amend- sentence by striking ‘‘to it’’. States Patent and Trademark Office the name ed— (8) Section 119(b)(1)(A) is amended— and address of a person resident in the United (A) by striking ‘‘section 110’’ and all that fol- (A) by striking ‘‘transmitted’’ and inserting States on whom may be served notices or process lows through ‘‘(36 U.S.C. 380)’’ and inserting ‘‘retransmitted’’; and in proceedings affecting the mark, such notices ‘‘section 220506 of title 36, United States Code,’’; (B) by striking ‘‘transmissions’’ and inserting or process may be served on the Commissioner.’’. and ‘‘retransmissions’’. (5) Subsections (a) and (b) of section 10 (15 (B) by striking ‘‘6621 of the Internal Revenue (9) Section 203(a)(2) is amended— U.S.C. 1060(a) and (b)) are amended to read as Code of 1954’’ and inserting ‘‘6621(a)(2) of the (A) in subparagraph (A)— follows: Internal Revenue Code of 1986’’. (i) by striking ‘‘(A) the’’ and inserting ‘‘(A) ‘‘(a)(1) A registered mark or a mark for which (12) Section 44(e) (15 U.S.C. 1126(e)) is amend- The’’; and an application to register has been filed shall be ed by striking ‘‘a certification’’ and inserting ‘‘a (ii) by striking the semicolon at the end and assignable with the good will of the business in true copy, a photocopy, a certification,’’. inserting a period; which the mark is used, or with that part of the SEC. 9. PATENT AND TRADEMARK FEE CLERICAL (B) in subparagraph (B)— good will of the business connected with the use AMENDMENT. (i) by striking ‘‘(B) the’’ and inserting ‘‘(B) of and symbolized by the mark. Notwithstanding The Patent and Trademark Fee Fairness Act The’’; and the preceding sentence, no application to reg- of 1999 (113 Stat. 1537–546 et seq.), as enacted by (ii) by striking the semicolon at the end and ister a mark under section 1(b) shall be assign- section 1000(a)(9) of Public Law 106–113, is inserting a period; and able prior to the filing of an amendment under amended in section 4203, by striking ‘‘111(a)’’ (C) in subparagraph (C), by striking ‘‘(C) the’’ section 1(c) to bring the application into con- and inserting ‘‘1113(a)’’. and inserting ‘‘(C) The’’. formity with section 1(a) or the filing of the SEC. 10. COPYRIGHT RELATED CORRECTIONS TO (10) Section 304(c)(2) is amended— verified statement of use under section 1(d), ex- 1999 OMNIBUS REFORM ACT. (A) in subparagraph (A)— cept for an assignment to a successor to the Title I of the Intellectual Property and Com- (i) by striking ‘‘(A) the’’ and inserting ‘‘(A) business of the applicant, or portion thereof, to munications Omnibus Reform Act of 1999, as en- The’’; and which the mark pertains, if that business is on- acted by section 1000(a)(9) of Public Law 106– (ii) by striking the semicolon at the end and going and existing. 113, is amended as follows: inserting a period; ‘‘(2) In any assignment authorized by this sec- (1) Section 1007 is amended— (B) in subparagraph (B)— tion, it shall not be necessary to include the (A) in paragraph (2), by striking ‘‘paragraph (i) by striking ‘‘(B) the’’ and inserting ‘‘(B) good will of the business connected with the use (2)’’ and inserting ‘‘paragraph (2)(A)’’; and The’’; and of and symbolized by any other mark used in (B) in paragraph (3), by striking ‘‘1005(e)’’ (ii) by striking the semicolon at the end and the business or by the name or style under and inserting ‘‘1005(d)’’. inserting a period; and which the business is conducted. (2) Section 1006(b) is amended by striking (C) in subparagraph (C), by striking ‘‘(C) the’’ ‘‘(3) Assignments shall be by instruments in ‘‘119(b)(1)(B)(iii)’’ and inserting and inserting ‘‘(C) The’’. writing duly executed. Acknowledgment shall be ‘‘119(b)(1)(B)(ii)’’. (11) The item relating to section 903 in the prima facie evidence of the execution of an as- (3)(A) Section 1006(a) is amended— table of contents for chapter 9 is amended by signment, and when the prescribed information (i) in paragraph (1), by adding ‘‘and’’ after striking ‘‘licensure’’ and inserting ‘‘licensing’’. reporting the assignment is recorded in the the semicolon; SEC. 12. OTHER COPYRIGHT RELATED TECH- United States Patent and Trademark Office, the (ii) by striking paragraph (2); and NICAL AMENDMENTS. record shall be prima facie evidence of execu- (iii) by redesignating paragraph (3) as para- (a) AMENDMENT TO TITLE 18.—Section tion. graph (2). 2319(e)(2) of title 18, United States Code, is ‘‘(4) An assignment shall be void against any (B) Section 1011(b)(2)(A) is amended to read as amended by striking ‘‘107 through 120’’ and in- subsequent purchaser for valuable consideration follows: serting ‘‘107 through 122’’. without notice, unless the prescribed informa- ‘‘(A) in paragraph (1), by striking ‘primary (b) STANDARD REFERENCE DATA.—(1) Section tion reporting the assignment is recorded in the transmission made by a superstation and em- 105(f) of Public Law 94–553 is amended by strik- United States Patent and Trademark Office bodying a performance or display of a work’ ing ‘‘section 290(e) of title 15’’ and inserting within 3 months after the date of the assignment and inserting ‘performance or display of a work ‘‘section 6 of the Standard Reference Data Act or prior to the subsequent purchase. embodied in a primary transmission made by a (15 U.S.C. 290e)’’. ‘‘(5) The United States Patent and Trademark superstation or by the Public Broadcasting Serv- (2) Section 6(a) of the Standard Reference Office shall maintain a record of information on ice satellite feed’;’’. Data Act (15 U.S.C. 290e) is amended by striking assignments, in such form as may be prescribed SEC. 11. AMENDMENTS TO TITLE 17, UNITED ‘‘Notwithstanding’’ and all that follows through by the Commissioner. STATES CODE. ‘‘United States Code,’’ and inserting ‘‘Notwith- ‘‘(b) An assignee not domiciled in the United Title 17, United States Code, is amended as standing the limitations under section 105 of States may designate by a document filed in the follows: title 17, United States Code,’’.

VerDate Mar 15 2010 03:29 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00101 Fmt 0624 Sfmt 6333 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S11970 CONGRESSIONAL RECORD — SENATE November 15, 2001 AUTHORITY FOR COMMITTEES TO Finance be authorized to meet during detailee on my staff, be granted the MEET the session of the Senate on Thursday, privilege of the floor during the Sen- COMMITTEE ON AGRICULTURE, NUTRITION, AND November 15, 2001, at 1 p.m., to con- ate’s consideration of H.R. 2230, the Ag- FORESTRY sider the nomination of Richard riculture Appropriations Act for fiscal Mr. REID. Mr. President, I ask unan- Clarida to be Assistant Secretary of year 2002. imous consent that the Committee on Treasury for Economic Policy; Ken- The PRESIDENT pro tempore. With- Agriculture, Nutrition, and Forestry be neth Lawson to be Assistant Secretary out objection, it is so ordered. authorized to meet to conduct a busi- of Treasury for Enforcement; B. John Mr. GREGG. Madam President, I ask ness meeting during the session of the Williams, Jr., to be Chief Counsel/As- unanimous consent that a member of Senate on Thursday, November 15, 2001. sistant General Counsel for the Inter- my staff, Nancy Perkins, have floor The purpose of this business meeting nal Revenue Service; Janet Hale to be privileges during the pendency of this will be to discuss the new Federal Assistant Secretary of Health and bill. Farm bill. Human Services for Budget, Tech- The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without nology and Finance; Joan E. Ohl, to be objection, it is so ordered. objection, it is so ordered. Commissioner of Children, Youth and Mr. GRAHAM. Madam President, I COMMITTEE ON BANKING, HOUSING, AND URBAN Family Administration, Department of ask unanimous consent that a member AFFAIRS Health and Human Services; James B. of my staff, Shawn Fitzpatrick, be Mr. REID. Mr. President, I ask unan- Lockhart III, to be Deputy Commis- granted the privilege of the floor for imous consent that the Committee on sioner of the Social Security Adminis- the duration of the debate on H.R. 1552. Banking, Housing, and Urban Affairs tration; and Harold Daub to be a Mem- The PRESIDING OFFICER. Without be authorized to meet during the ses- ber of the Social Security Advisory objection, it is so ordered. sion of the Senate on November 15, Board. 2001, at 10 a.m., to conduct a hearing on The PRESIDING OFFICER. Without f the nomination of Mr. Allen I. objection, it is so ordered. ORDERS FOR FRIDAY, NOVEMBER Mandelowitz, of Connecticut, to be a COMMITTEE ON FOREIGN RELATIONS 16, 2001 director of the Federal Housing Fi- Mr. REID. Mr. President, I ask unan- Mr. REID. Mr. President, I ask unan- nance Board; Mr. Franz Leichter, of imous consent that the Committee on imous consent that when the Senate New York, to be a Director of the Fed- Foreign Relations be authorized to completes its business today, it ad- eral Housing Finance Board; Mr. John meet during the session of the Senate journ until the hour of 10 a.m. tomor- Thomas Korsmo, of North Dakota, to on Thursday, November 15, 2001, at 3:00 row, Friday, November 16; that fol- be a Director of the Federal Housing p.m., to hold a hearing titled, ‘‘Human- lowing the prayer and pledge, the Jour- Finance Board; Mr. Eduardo Aguirre, itarian Crisis: Is Enough Aid Reaching nal of proceedings be approved to date, Jr., of Texas, to be First Vice President Afghanistan.’’ of the Export-Import Bank of the the morning hour be deemed expired, United States; and Mr. Randall Scott Witnesses the time for the two leaders be re- Kroszner, of Illinois, to be a member of Panel 1: Carol Bellamy, Executive served for their use later in the day, the Council of Economic Advisors. Director, UNICEF, New York City, NY; and the Senate be in a period of morn- The Committee will also vote on the Catherine Bertini, Executive Director, ing business with Senators permitted nominations of Mr. Mark W. Olson, of World Food Program, Washington, DC; to speak for up to 10 minutes each. Minnesota, to be a member of the and Guenet Guebre-Christos, Rep- The PRESIDING OFFICER. Without Board of Governors of the Federal Re- resentative, United Nations High Com- objection, it is so ordered. serve System; Dr. Susan Schmidt Bies, mission for Refugees, Washington, DC. f of Tennessee, to be a member of the Panel 2: Joel Charny, Vice-President, Board of Governors of the Federal Re- Refugees International, Washington, ADJOURNMENT UNTIL 10 A.M. serve System; and Mr. James Gilleran, DC, and Peter Bell, President, CARE TOMORROW of California, to be Director of the Of- International, Atlanta, GA. Mr. REID. Mr. President, I do not be- fice of Thrift Supervision. The PRESIDING OFFICER. Without lieve there is any further business to The PRESIDING OFFICER. Without objection, it is so ordered. come before the Senate this evening. I objection, it is so ordered. COMMITTEE ON GOVERNMENTAL AFFAIRS therefore ask unanimous consent the COMMITTEE ON COMMERCE, SCIENCE AND Mr. REID. Mr. President, I ask unan- Senate stand in adjournment under the TRANSPORTATION imous consent that the Committee on previous order. Mr. REID. Mr. President, I ask unan- Governmental Affairs be authorized to There being no objection, the Senate, imous consent that the Committee on meet on Thursday, November 15, 2001, at 8:34 p.m., adjourned until Friday, Commerce, Science, and Transpor- at 9:30 a.m., to hold a hearing entitled November 16, 2001, at 10 a.m. tation be authorized to meet on Thurs- ‘‘Oversight of the Centers for Medicare day, November 15, 2001, at 10 a.m., on and Medicaid Services: Medicare Pay- f the nomination of William Schubert to ment Policies for Ambulance Serv- NOMINATIONS be Administrator of the Maritime Ad- ices.’’ Executive nominations received by ministration of the Department of The PRESIDING OFFICER. Without the Senate November 15, 2001: Transportation. objection, it is so ordered. DEPARTMENT OF HOUSING AND URBAN The PRESIDING OFFICER. Without SUBCOMMITTEE ON EMERGING THREATS AND DEVELOPMENT objection, it is so ordered. CAPABILITIES COMMITTEE ON ENVIRONMENT AND PUBLIC Mr. REID. Mr. President, I ask unan- VICKERS B. MEADOWS, OF VIRGINIA, TO BE AN ASSIST- ANT SECRETARY OF HOUSING AND URBAN DEVELOP- WORKS imous consent that the Subcommittee MENT, VICE MARILYN A. DAVIS. Mr. REID. Mr. President, I ask unan- on Emerging Threats and Capabilities DEPARTMENT OF ENERGY imous consent that the Committee on of the Committee on Armed Services BEVERLY COOK, OF IDAHO, TO BE AN ASSISTANT SEC- Environment and Public Works be au- be authorized to meet during the ses- RETARY OF ENERGY (ENVIRONMENT, SAFETY AND thorized to meet on Thursday, Novem- sion of the Senate on Thursday, No- HEALTH), VICE DAVID MICHAELS, RESIGNED. ber 15, 2001, at 9:30 a.m., to conduct a vember 15, 2001, at 2:30 p.m., in open ENVIRONMENTAL PROTECTION AGENCY hearing on how S. 556 would affect the and closed session to receive testimony J. PAUL GILMAN, OF VIRGINIA, TO BE AN ASSISTANT environment, the economy, and any ADMINISTRATOR OF THE ENVIRONMENTAL PROTECTION on terrorist organizations and motiva- AGENCY, VICE NORINE E. NOONAN, RESIGNED. improvements or amendments that tions. MORRIS X. WINN, OF TEXAS, TO BE AN ASSISTANT AD- should be made to the legislation. The MINISTRATOR OF THE ENVIRONMENTAL PROTECTION The PRESIDING OFFICER. Without AGENCY, VICE ROMULO L. DIAZ, JR., RESIGNED. hearing will be held in room SD–406. objection, it is so ordered. The PRESIDING OFFICER. Without DEPARTMENT OF THE TREASURY f objection, it is so ordered. EDWARD KINGMAN, JR., OF MARYLAND, TO BE AN AS- SISTANT SECRETARY OF THE TREASURY, VICE LISA COMMITTEE ON FINANCE PRIVILEGES OF THE FLOOR GAYLE ROSS, RESIGNED. Mr. KOHL. Mr. President, I ask unan- EDWARD KINGMAN, JR., OF MARYLAND, TO BE CHIEF Mr. REID. Mr. President, I ask unan- FINANCIAL OFFICER, DEPARTMENT OF THE TREASURY, imous consent that the Committee on imous consent that Dan Dager, a VICE LISA GAYLE ROSS, RESIGNED.

VerDate Mar 15 2010 03:29 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00102 Fmt 0624 Sfmt 9801 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY November 15, 2001 CONGRESSIONAL RECORD — SENATE S11971

DEPARTMENT OF STATE JOEL D TUCK, 0000 DONALD G HIGGINS, 0000 WILLEM P VANDEMERWE, 0000 ROBERT E HOLLAND, 0000 ARTHUR E. DEWEY, OF MARYLAND, TO BE AN ASSIST- CHARLES A HOLT, 0000 ANT SECRETARY OF STATE (POPULATION, REFUGEES, THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT WILLIAM D HUFF, 0000 AND MIGRATION), VICE JULIA TAFT. TO THE GRADE INDICATED IN THE RESERVE OF THE DENNIS A ICE, 0000 ARMY UNDER TITLE 10, U.S.C., SECTION 12203: ELODIE S IMONEN, 0000 DEPARTMENT OF COMMERCE To be colonel FRANK H ISE, 0000 LOUIS KINCANNON, OF VIRGINIA, TO BE DIRECTOR OF OMAR L IZQUIERDOFRAU, 0000 DAVID S ALLEMAN, 0000 THE CENSUS, VICE KENNETH PREWITT, RESIGNED. STEPHEN L JAFFE, 0000 JAMES D ANDERSON JR., 0000 ROBERT E KASPER, 0000 DEPARTMENT OF JUSTICE JAMES E CADE, 0000 STEPHEN P KATZ, 0000 RICHARD T CANADA, 0000 MUHAMMAD I KHAN, 0000 MICHAEL A. BATTLE, OF NEW YORK, TO BE UNITED TIMOTHY J COEN, 0000 MICHAEL G KIDD, 0000 STATES ATTORNEY FOR THE WESTERN DISTRICT OF TIMOTHY W CONWAY III, 0000 CHARLES P KILLINGSWORTH, 0000 NEW YORK FOR A TERM OF FOUR YEARS, VICE DENISE E. LEROY S CRAPANZANO, 0000 YOUNGSOOK C KIM, 0000 O’DONNELL, RESIGNED. CURTIS M DILWORTH, 0000 ROBERT S KNAPP, 0000 SCOTT R DRAKE, 0000 SMALL BUSINESS ADMINISTRATION MANGARAJU KOLLURU, 0000 VICTOR H ESCOBAR, 0000 DONALD J KOSIAK, 0000 MELANIE SABELHAUS, OF MARYLAND, TO BE DEPUTY JOHN J FERRY, 0000 SAMPATH KULASEKAR, 0000 ADMINISTRATOR OF THE SMALL BUSINESS ADMINISTRA- CHRISTOPHER T FINLAYSON, 0000 KENNETH W LAIRD, 0000 ROBERT T FRAME, 0000 TION, VICE FRED P. HOCHBERG. CRAIG J LAMBRECHT, 0000 ENRIQUE F FRASER, 0000 HEE S LEE, 0000 IN THE ARMY TIMOTHY M HALE, 0000 DONALD L LEVENE, 0000 HAZEL P HAYNES, 0000 WAYNE D LEVY, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT LOUIS H HEITKE, 0000 CLARENCE E LLOYD, 0000 TO THE GRADE INDICATED IN THE RESERVE OF THE ROBERT G HENRY, 0000 DAVID E LUDLOW, 0000 ARMY UNDER TITLE 10, U.S.C., SECTION 12203: LEE P JOHNS JR., 0000 JAMIL MALOUF, 0000 CHARLES K JOHNSON, 0000 To be colonel MATTHEW C MCCLURE, 0000 MICHAEL P JUNG, 0000 JOHN P MCGUINNESS, 0000 MARION S. CORNWELL, 0000 ZAVON F KANION, 0000 CHARLES J F MCHUGH, 0000 JAMES J. ELLIOTT, 0000 ARNOLD K KAPLAN, 0000 MORTON MELTZER, 0000 MARK E. GANTS, 0000 ALAN P KAWAKAMI, 0000 NARCISO D MENDOZA, 0000 HUGH E. HODGES, 0000 BRIAN T KENNEDY, 0000 YAO C C ONG, 0000 MARC E. MATTIX, 0000 STEPHEN E KOMYATI, 0000 JOHN C OTTENBACHER, 0000 LEE M. PHILO, 0000 RICHARD A LEE, 0000 CARY S POLLACK, 0000 GROVER C. RITCHIE III, 0000 ROBERT A MASON, 0000 FELICITAS E RAMOS, 0000 GARY L. WHITE, 0000 GEORGE L MAXWELL, 0000 RICHARD J RANDOLPH III, 0000 THURMAN C MORGAN, 0000 ROBERT F REISS, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT ROBERT A PRUCKLER, 0000 JIMMIE W RIGGINS, 0000 TO THE GRADE INDICATED IN THE RESERVE OF THE BRADLEY S RABAL, 0000 EMILE D RISBY, 0000 ARMY UNDER TITLE 10, U.S.C., SECTION 12203: LANCE C RAMP, 0000 SUNG C RO, 0000 BRUCE C RAMSAY, 0000 To be colonel FRANKLIN D ROBINSON, 0000 CHRISTOPHER A N RANKINE, 0000 SUSAN G SKEA, 0000 CHERYL A ADAMS, 0000 STANLEY A ROBERTS, 0000 DANNY P SMITH, 0000 SHEILA E DOMINGUEZ, 0000 EDWARD J ROBINSON, 0000 LYNN H SNODDY, 0000 MARK A GALANTOWICZ, 0000 BERNICE SCALES, 0000 PETER J SPEICHER, 0000 HELEN L GANT, 0000 LAWRENCE E SCHEITLER, 0000 ARNOLD L SPERLING, 0000 GAYE L GEORGE, 0000 PAUL E SCRUGGS, 0000 ROBERT P STANTON, 0000 PAULA B GETZIE, 0000 LAURENCE B SHAROS, 0000 LEON I STEINBERG, 0000 MARGARET A GIGSTAD, 0000 JEFFREY M SHERWOOD, 0000 LEE STEVENS, 0000 STEPHEN A GREENE, 0000 DOUGLAS J SMITH, 0000 RICHARD A STONE, 0000 CHRISTINE H INOUYE, 0000 WILLIAM H SWILLEY, 0000 TONY L WALDEN, 0000 VIRGINIA JANOVSKY, 0000 BRUCE A TANCEK, 0000 LAWRENCE R WALKER, 0000 JANE H KASSWOLFF, 0000 DAVID G THOMAS, 0000 CHARLES M WARE JR., 0000 JUDITH A KEMPER, 0000 ERIC J WAGNER, 0000 JERRY C WIBLE, 0000 ROSEMARY KUCA, 0000 PETER C WEI, 0000 DAVID E WILMOT, 0000 SANDRA B MALONE, 0000 CURTIS S WILKERSON, 0000 JAMES S. K. WU, 0000 RICHARD A MARSHALL, 0000 WILLIAM P YEOMANS, 0000 STEPHEN D MASSEY, 0000 RUSSELL H ZELMAN, 0000 BETTY A MOSHEA, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT BURKHARDT H ZORN, 0000 TO THE GRADE INDICATED IN THE RESERVE OF THE MARY E MURPHY, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT ARMY UNDER TITLE 10, U.S.C., SECTION 12203: LINDA L NYE, 0000 TO THE GRADE INDICATED IN THE RESERVE OF THE MICHAEL R OSTROSKI, 0000 To be colonel ARMY UNDER TITLE 10, U.S.C., SECTION 12203: JANICE M PICCIOLIFARINELLI, 0000 VIOLETTE A RUFF, 0000 LYNN F ABRAMS, 0000 To be colonel KATHLEEN D SANFORD, 0000 MICHAEL D ADUDDELL, 0000 CHARLES B. COLISON, 0000 JOHN N SCHANK, 0000 WILLIAM J ALBRIGHT, 0000 STEPHEN P. SHANDERA, 0000 FRANCES J SORGE, 0000 ERIC B ALLELY, 0000 JOANNE C. SLYTER, 0000 WANDA M VAUGHN, 0000 PABLO I ALMODOVAR, 0000 ARLENE SPIRER, 0000 ROSALIE E VILAR, 0000 FRANK ANDERS JR., 0000 AUGUSTENE WESTON, 0000 JAMES T ARSCOTT, 0000 f ARMANTINE K WILLIAMS, 0000 THOMAS L ASHCOM, 0000 DEBBIE T WINTERS, 0000 DENIECE M BARNETTSCOTT, 0000 CONFIRMATIONS DANIEL C BATES, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT MARCEL G BAYOL, 0000 Executive nominations confirmed by TO THE GRADE INDICATED IN THE RESERVE OF THE MICHAEL J BEEZLEY, 0000 ARMY UNDER TITLE 10, U.S.C., SECTION 12203: JEFFREY BERMAN, 0000 the Senate November 15, 2001: To be colonel MICHAEL C BLAKE, 0000 DEPARTMENT OF STATE PETER M BLENDONOHY, 0000 WILLIE J ATKINSON, 0000 WILLIAM L BOGRAKOS, 0000 RAYMOND F. BURGHARDT, OF FLORIDA, A CAREER STEPHEN E BOGLE, 0000 AARON C BORNSTEIN, 0000 MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF DONALD C BRITTEN, 0000 WILLIAM C BOWENS, 0000 MINISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- DONNA M CARMAN, 0000 BEDFORD F BOYLSTON, 0000 DINARY AND PLENIPOTENTIARY OF THE UNITED STATES MEE Y Y CHUNG, 0000 ARNOLD J BRENDER, 0000 OF AMERICA TO THE SOCIALIST REPUBLIC OF VIETNAM. EDWARD W DURANT III, 0000 RICHARD S BROADHURST, 0000 RONALD WEISER, OF MICHIGAN, TO BE AMBASSADOR ROBERT M EDELMAN, 0000 JOHN H BROOKS, 0000 EXTRAORDINARY AND PLENIPOTENTIARY OF THE DONALD FAMIANO, 0000 DEBORAH S BROWN, 0000 UNITED STATES OF AMERICA TO THE SLOVAK REPUBLIC. TODD H FURSE, 0000 DEBRA M BROWN, 0000 J. RICHARD BLANKENSHIP, OF FLORIDA, TO BE AMBAS- CAROL A GADDY, 0000 DAVID R BRYSON, 0000 SADOR EXTRAORDINARY AND PLENIPOTENTIARY OF CYNTHIA E GANT, 0000 EMIGDIO A BUCOBO, 0000 THE UNITED STATES OF AMERICA TO THE COMMON- KEVIN K GARROUTTE, 0000 CRAIG A BUGNO, 0000 WEALTH OF THE BAHAMAS. JAMES R GERICKE, 0000 ANN J BURGARDT, 0000 GEORGE L. ARGYROS, SR., OF CALIFORNIA, TO BE AM- JAY L GRIFFIN, 0000 JAMES T BURT, 0000 BASSADOR EXTRAORDINARY AND PLENIPOTENTIARY OF JAMES E GRIFFITH, 0000 BRADFORD S BURTON, 0000 THE UNITED STATES OF AMERICA TO SPAIN, AND TO MICHAEL H HULSEY, 0000 MARK L BYLER, 0000 SERVE CONCURRENTLY AND WITHOUT ADDITIONAL COM- RAMONA M KANE, 0000 DARYL J CALLAHAN, 0000 PENSATION AS AMBASSADOR EXTRAORDINARY AND GARLAND M KNOTT JR., 0000 ALAN H CARR, 0000 PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA MICHAEL A LEE, 0000 GEORGE L CHOLAK, 0000 TO ANDORRA. MARSHA A LUNT, 0000 STEPHEN D CLIFT, 0000 LARRY MILES DINGER, OF IOWA, A CAREER MEMBER ERNEST LYONS JR., 0000 TODD R CLOW, 0000 OF THE FOREIGN SERVICE, TO BE AMBASSADOR TO THE DANIEL L MACINTYRE, 0000 AVON C COFFMAN II, 0000 FEDERATED STATES OF MICRONESIA. SUZANNE D MARTIN, 0000 LAMAR P COLLIE III, 0000 DARRYL NORMAN JOHNSON, OF WASHINGTON, A CA- WILLIAM F MARTIN II, 0000 ROBERT M COSBY, 0000 REER MEMBER OF THE SENIOR FOREIGN SERVICE, AMY L MARVIN, 0000 RODNEY DAVIS, 0000 CLASS OF MINISTER-COUNSELOR, TO BE AMBASSADOR MARK P MCGUIRE, 0000 ANDREW R DOW, 0000 EXTRAORDINARY AND PLENIPOTENTIARY OF THE DONALD A MENARD, 0000 MICHAEL D DRISCOLL, 0000 UNITED STATES OF AMERICA TO THE KINGDOM OF THAI- JOHN W RIDLEY, 0000 RICHARD G FOUTCH, 0000 LAND. SUSAN G ROGERS, 0000 PETER FREDERICKS, 0000 LYONS BROWN, JR., OF KENTUCKY, TO BE AMBAS- MICHAEL J ROGGI, 0000 CORNELIUS E FREEMAN, 0000 SADOR EXTRAORDINARY AND PLENIPOTENTIARY OF JOSEPH J SAADY, 0000 HOMERO R GARZA, 0000 THE UNITED STATES OF AMERICA TO THE REPUBLIC OF THOMAS O SALMON, 0000 LENORE E GONZALEZ, 0000 AUSTRIA. MURTY SAVITALA, 0000 JON R HAGER, 0000 WILLIAM D. MONTGOMERY, OF PENNSYLVANIA, A CA- THOMAS E SCHUURMANS, 0000 RAE R HANSON, 0000 REER MEMBER OF THE SENIOR FOREIGN SERVICE, ROBERT F TABARONI, 0000 RONALD P HARGRAVE, 0000 CLASS OF MINISTER-COUNSELOR, TO BE AMBASSADOR CLIFTON K TAKENAKA, 0000 JEFFREY J HARROW, 0000 EXTRAORDINARY AND PLENIPOTENTIARY OF THE JUDITH A THORNHILL, 0000 JERRY W HAYGOOD, 0000 UNITED STATES OF AMERICA TO THE FEDERAL REPUB- ALBIN A TIMM JR., 0000 JOSE M HERNANDEZ, 0000 LIC OF YUGOSLAVIA.

VerDate Mar 15 2010 03:29 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00103 Fmt 0624 Sfmt 9801 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S11972 CONGRESSIONAL RECORD — SENATE November 15, 2001

MELVIN F. SEMBLER, OF FLORIDA, TO BE AMBAS- CHARLES LESTER PRITCHARD, OF VIRGINIA, FOR THE THE JUDICIARY SADOR EXTRAORDINARY AND PLENIPOTENTIARY OF RANK OF AMBASSADOR DURING HIS TENURE OF SERVICE THE UNITED STATES OF AMERICA TO ITALY. AS SPECIAL ENVOY FOR NEGOTIATIONS WITH THE DEMO- ODESSA F. VINCENT, OF THE DISTRICT OF COLUMBIA, CHARLES LAWRENCE GREENWOOD, JR., OF FLORIDA, A CRATIC PEOPLE’S REPUBLIC OF KOREA (DPRK) AND TO BE AN ASSOCIATE JUDGE OF THE SUPERIOR COURT CAREER MEMBER OF THE SENIOR FOREIGN SERVICE, UNITED STATES REPRESENTATIVE TO THE KOREAN PE- OF THE DISTRICT OF COLUMBIA FOR THE TERM OF FIF- CLASS OF MINISTER-COUNSELOR, FOR THE RANK OF AM- NINSULA ENERGY DEVELOPMENT ORGANIZATION TEEN YEARS. BASSADOR DURING HIS TENURE OF SERVICE AS COORDI- (KEDO). FOREIGN SERVICE NOMINATION OF TERENCE J. DONO- NATOR FOR ASIA PACIFIC ECONOMIC COOPERATION AFRICAN DEVELOPMENT BANK VAN. (APEC). FOREIGN SERVICE NOMINATIONS BEGINNING KEITH E. STEPHAN MICHAEL MINIKES, OF THE DISTRICT OF CO- CYNTHIA SHEPARD PERRY, OF TEXAS, TO BE UNITED BROWN AND ENDING OLIVIER C. CARDUNER, WHICH LUMBIA, TO BE U. S. REPRESENTATIVE TO THE ORGANI- STATES DIRECTOR OF THE AFRICAN DEVELOPMENT NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- ZATION FOR SECURITY AND COOPERATION IN EUROPE, BANK FOR A TERM OF FIVE YEARS. PEARED IN THE CONGRESSIONAL RECORD ON OCTOBER WITH THE RANK OF AMBASSADOR. 16, 2001. ERNEST L. JOHNSON, OF LOUISIANA, TO BE AN ALTER- INTER-AMERICAN DEVELOPMENT BANK NATE REPRESENTATIVE OF THE UNITED STATES OF JOSE A. FOURQUET, OF NEW JERSEY, TO BE UNITED AMERICA TO THE FIFTY-SIXTH SESSION OF THE GEN- f STATES EXECUTIVE DIRECTOR OF THE INTER-AMERICAN ERAL ASSEMBLY OF THE UNITED NATIONS. DEVELOPMENT BANK FOR A TERM OF THREE YEARS. WILLIAM J. HYBL, OF COLORADO, TO BE REPRESENTA- TIVE OF THE UNITED STATES OF AMERICA TO THE UNITED STATES AGENCY FOR INTERNATIONAL WITHDRAWAL FIFTY-SIXTH SESSION OF THE GENERAL ASSEMBLY OF DEVELOPMENT THE UNITED NATIONS. Executive message transmitted by NANCY CAIN MARCUS, OF TEXAS, TO BE AN ALTER- CONSTANCE BERRY NEWMAN, OF ILLINOIS, TO BE AN the President to the Senate on Novem- NATE REPRESENTATIVE OF THE UNITED STATES OF ASSISTANT ADMINISTRATOR OF THE UNITED STATES AMERICA TO THE FIFTY-SIXTH SESSION OF THE GEN- AGENCY FOR INTERNATIONAL DEVELOPMENT. ber 15, 2001, withdrawing from further ERAL ASSEMBLY OF THE UNITED NATIONS. JOHN MARSHALL, OF VIRGINIA, TO BE AN ASSISTANT Senate consideration the following ROBERT M. BEECROFT, OF MARYLAND, A CAREER MEM- ADMINISTRATOR OF THE UNITED STATES AGENCY FOR BER OF THE SENIOR FOREIGN SERVICE, CLASS OF MIN- INTERNATIONAL DEVELOPMENT. nomination: ISTER-COUNSELOR, FOR THE RANK OF AMBASSADOR THE ABOVE NOMINATIONS WERE APPROVED SUBJECT SHIRLEE BOWNE, OF FLORIDA, TO BE A DIRECTOR OF DURING HIS TENURE OF SERVICE AS HEAD OF MISSION, TO THE NOMINEES’ COMMITMENT TO RESPOND TO RE- THE FEDERAL HOUSING FINANCE BOARD FOR A TERM ORGANIZATION FOR SECURITY AND COOPERATION IN EU- QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY EXPIRING FEBRUARY 27, 2004, WHICH WAS SENT TO THE ROPE (OSCE), BOSNIA AND HERZEGOVINA. CONSTITUTED COMMITTEE OF THE SENATE. SENATE ON SEPTEMBER 14, 2001.

VerDate Mar 15 2010 03:29 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00104 Fmt 0624 Sfmt 9801 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY November 15, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E2081 EXTENSIONS OF REMARKS

HONORING PATTY BURKHOLDER the Pentagon since 1978. He represented the tend my thanks to Congressman PETER KING best of America—an incredibly talented indi- for his leadership in introducing this resolution. HON. SCOTT McINNIS vidual who selflessly devoted his gifts to public Daw Aung-Sun Suu Kyi is indeed a heroine OF COLORADO service. At the Pentagon he was known for his to her country and to democratic nations IN THE HOUSE OF REPRESENTATIVES brilliance with numbers, in addition to being a around the world for her leadership of the non- Thursday, November 15, 2001 caring friend and coworker. violent movement for human rights and de- Bryan’s official position was as a budget an- mocracy in Burma. She was born into public Mr. McINNIS. Mr. Speaker, I would like to alyst, heading the Defense Department’s pro- service in 1945 as the daughter of General take this opportunity to recognize the signifi- gramming and fiscal economics division. He Aung San, a national leader who was cant contributions of a member of the commu- was responsible for overseeing the capital assasinated 2 years after her birth, and Daw nity in Durango, Colorado, Patty Burkholder, budget, an immense and complicated task. He Kin Kyi, her mother who was appointed in who was recently honored by her coworkers took the Defense Secretary’s policy decisions, 1960 as Burma’s ambassador to India. for thirty years of involvement and leadership worked them into the budget and made sure In pursuit of higher education, Daw Aung- in the banking industry. Not only has Patty that the numbers added up. He also had over- San Suu Kyi went on to study abroad in Eng- helped improve the banking industry locally, sight over the Defense Department’s school in land, Japan, and India and worked in various but she has also spent a great deal of her Monterrey, California. He made several busi- capacities for the United Nations and as a fel- time and effort providing for the needs of the ness trips a year to Monterrey and was on his low and scholar at several educational institu- area in many capacities. way there on September 11, when the terror- tions. In 1988, she traveled back to Burma to Patty moved to Durango in 1993 where she ists hijacked his plane. He had planned to help her ailing mother while massive pro-de- assumed the position of President at the local stop over on his return trip to visit his parents, mocracy demonstrations against the repres- Wells Fargo Bank. She worked her way up Helen and James Jack, in Tyler. sive military regime arose. Later that year, she through several different banks holding posi- Growing up in Tyler, Bryan attended Moore led the charge calling for a democratic govern- tions that ranged from secretary to personal Middle School and Robert E. Lee High School. ment in Burma. Despite the military reestab- banker and vice president to president. The Both of Bryan’s parents were teachers—his fa- lishment of control and the crushing force that employees at the new Wells Fargo Bank rec- ther was a retired colonel from the U.S. Air retaliated against the pro-democracy sup- ognized the special relationship that Patty had Force—and Bryan was always an exceptional porters, she helped to form the National with them as well as the customers that has student. He graduated among the top in his League for Democracy (NLD) and was named influenced the success of the business. She is high school class and had been a state debat- its General Secretary. As the leader of the a team player who consistently supports and ing champion. He received his undergraduate NLD, she traveled extensively throughout encourages her staff to perform at the highest degree from the California Institute of Tech- Burma in support for the establishment of a level, giving staff the flexibility to perform at nology and an MBA from Stanford. Later, he democratic government. In 1989, she was their best. went on to earn his Ph.D. in Economics from placed under house arrest by the military re- Not only has Patty given to the Durango the University of Maryland. gime that reclaimed the power from the pro- community through her role at the bank, but Just weeks before his tragic death, Bryan democracy supporters. Despite her detention also she actively participates in other local or- had married Barbara Rachko, an artist from that year, the NLD won a landslide victory in ganizations. She is a member and past Presi- New York. In addition to his parents and wife, the general elections of Burma with 82% of dent of the La Plata Development Action Part- he is survived by a brother, Terry, who lives the seats. However, the military regime re- nership, and is past President of the Durango in Denver. fused to recognize the result of the election Area Chamber and Resort Association and Both in Washington and Tyler, Bryan leaves and she remained under house arrest. served in several other local volunteer posi- behind memories of a kind, caring and intel- On October 14, 1991, Daw Aung-San Suu tions. ligent individual. He was an exemplary ambas- Kyi was awarded the 1991 Nobel Peace Prize Mr. Speaker, Patty Burkholder has played sador from the Fourth District of Texas and and $1.3 million, which she used to establish an important role in shaping the community of will be truly missed by his family, friends and a health and education trust in support of Bur- Durango, Colorado. It is my pleasure to recog- coworkers at the Pentagon—but his memory mese people. Throughout the years of her de- nize Patty for her significant contributions both will live forever as one of those who made the tention and after her release from house arrest to the banking industry and to the community. ultimate sacrifice for their country on Sep- in 1995, she has continued to assert the rights Patty is a role model for us all as an active tember 11. Mr. Speaker, it is an honor for me of her people and move forward the struggle and responsible member of the community. to pay my last respects in the CONGRESSIONAL for democracy and the national reconciliation f RECORD to this outstanding American and a of the Burmese government. Last year, Presi- TRIBUTE TO AN AMERICAN HERO, true American hero—Bryan Jack—and to all dent Bill Clinton conferred the Presidential BRYAN JACK, PASSENGER ON AA those who lost their lives during this tragic day Medal of Freedom Award, America’s highest FLIGHT 77 in America’s history. civilian honor, to Daw Aung-San Suu Kyi for f her tireless leadership for her country. HON. RALPH M. HALL It is only fitting that today Congress pay trib- COMMENDING DAW AUNG SAN SUU ute and honor to Daw Aung-San Suu Kyi for OF TEXAS KYI ON THE 10TH ANNIVERSARY IN THE HOUSE OF REPRESENTATIVES her inspiring leadership and remarkable con- OF HER RECEIVING THE NOBEL tributions to bring peace and democracy to Thursday, November 15, 2001 PEACE PRIZE Burma. I urge my fellow colleagues to join in Mr. HALL of Texas. Mr. Speaker, today I support in the passage of H. Con. Res. 211. SPEECH OF rise to honor the life of Dr. Bryan C. Jack, a f passenger on American Airlines Flight 77, HON. ROBERT A. UNDERWOOD NECESSITY OF STRONG MILITARY which terrorists hijacked and crashed into the OF GUAM Pentagon on September 11, a day that we will IN THE HOUSE OF REPRESENTATIVES long mourn and never forget. Bryan grew up Tuesday, November 13, 2001 HON. BOB SCHAFFER in Tyler, TX, in my Congressional district, and OF COLORADO his parents live there still. We join them in Mr. UNDERWOOD. Mr. Speaker, I rise in IN THE HOUSE OF REPRESENTATIVES mourning the loss of this wonderful and gifted strong support today of H. Con. Res. 211, Thursday, November 15, 2001 young man. which commends Daw Aung-San Suu Kyi on Bryan was an exemplary scholar and native the 10th anniversary of her Nobel Peace Mr. SCHAFFER. Mr. Speaker, defense of Texan who had faithfully served his country at Prize. I would also like to commend and ex- the American way of life is no less than the

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

VerDate 112000 06:26 Nov 16, 2001 Jkt 099060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A15NO8.000 pfrm04 PsN: E15PT1 E2082 CONGRESSIONAL RECORD — Extensions of Remarks November 15, 2001 defense of freedom. Our world changed for- concrete necessity than it is today. The exist- phone Company to become Marketing Man- ever on September 11th when our freedom ence of freedom is at stake and it must be de- ager for major accounts at Bell Atlantic New was attacked and a long present terrorist fended. Jersey, now Verizon. While at the former Bell threat was realized. f Atlantic, he quickly rose the corporate ladder Our government’s most sacred responsibility becoming Director of Sales in 1985. As Direc- is to provide for the common defense, pro- PAYING TRIBUTE TO GLENN L. tor of Sales, he supervised and coordinated a mote the general welfare, and secure the GRAYEM renowned sales team that led Bell Atlantic blessings of liberty to ourselves and our pos- sales for 8 consecutive years. Upon his depar- terity. This is an enormous undertaking. It will HON. SCOTT McINNIS ture from Bell Atlantic, Mr. Simunovich joined require not only a complete rethinking of mili- OF COLORADO United Water New Jersey-New York as Senior tary strategies and a very proactive and imagi- IN THE HOUSE OF REPRESENTATIVES Vice President for Business Development, Ex- native pursuit of new technology, but also a Thursday, November 15, 2001 ternal Affairs, and Corporate Communications. new American attitude towards the rest of the In addition, Mr. Simunovich has served as world. Mr. McINNIS. Mr. Speaker I would like to Chief of Staff, President, and Vice Chairman The necessity of a strong military is undeni- take this opportunity to pay tribute to Mr. of the Board of Directors during his nine dedi- able. Our soldiers must have the finest train- Glenn L. Grayem and recognize his contribu- cated years at United Water New Jersey, New ing, technology and support our country can tions to this nation. A native of Holyoke, Colo- York. offer. However, the branches of our military rado, Glenn began his service as a soldier at Mr. Simunovich has also played an influen- are completely overextended and exhausted. the age of nineteen, during World War II, tial and active role in New Jersey politics. In Eight years of abuse and downsizing have not when he was assigned to Ft. Wheeler, Texas 1986, he was appointed by Governor Kean to only shrunk our active duty military by nearly for basic training. Upon completion of training, be a Member of the New Jersey Economic half (from 900,000 active-duty soldiers in in 1945 Glenn was sent to serve in the Pacific Development Authority (EDA). He has been 1991, to 475,000 In 2000) but have also left and take part in the invasion of the Phil- re-appointed to the EDA for six consecutive the standing forces with the lowest moral ippines. terms and currently serves as EDA Vice since Viet Nam. Glenn was assigned to the 25th Infantry Di- Chairman. In addition, he is Chairman of the There has been a resurgence of enlistment vision with the task of liberating the island of Bergen County Economic Development Cor- since the September 11th attacks, but we can- Luzon. For months, Glenn’s unit fought the poration and served 12 years as a Hudson not rely on attacks to drive enlistment and it is Japanese army for control of several towns lo- County Freeholder. unfair to rely on patriotism. Instead, patriotism cated throughout the region. During the bat- Joseph Simunovich is a resident of Bergen should be rewarded with strong incentives to tles, the Japanese were instructed by their County, New Jersey. He is married and has join the military. Men and women willing to leaders to fight to the last man and surrender two children and four grandchildren. make the ultimate sacrifice should be com- was not an honorable option. Glenn fought As a result of his hard work, Joseph pensated accordingly. Neither active-duty nor through enemy defenses for over three Simunovich has helped improve the quality of reserve forces should have to worry about months until the end of the campaign. Over life for thousands of families living throughout feeding their families or losing their jobs while 156,000 Japanese and 30,000 Allied soldiers New Jersey. they are defending our country. We cannot lost their lives in the Battle of Luzon. Today, I ask my colleagues to join me in look at our military as a superfluous fiscal Glenn went on to serve as part of the occu- honoring Joseph Simunovich for his commit- comer to be cut. pational force in Japan following the victory. ment to helping others and for his years of These incentives must extend to our vet- He returned to his native Colorado upon the distinguished service to the people of New erans as well. It is appalling that the men and completion of his enlistment. Some of Glenn’s Jersey. women who sacrificed so dearly for our coun- decorations from his service include the f try cannot expect basic consideration when Bronze Star, the Asiatic Pacific Campaign they return home, Never again can we allow Medal, the Philippine Liberation Ribbon, and PROCLAMATION FOR GREGORY M. our soldiers to be treated the way veterans re- the Army of Occupation medal. Glenn Grayem PORTER turning from Viet Nam were treated. (Link to now makes his home in Montrose, Colorado. Veterans Page). Mr. Speaker it is a great privilege to recog- HON. STEVE ISRAEL Consideration of our soldiers is only one as- nize Glenn and thank him for his dedicated OF NEW YORK pect of our national defense. Another area of service during the war. If it were not for sol- IN THE HOUSE OF REPRESENTATIVES great concern is our intelligence gathering ca- diers such as Glenn, America would not enjoy Thursday, November 15, 2001 pability. With out adequate knowledge of our the many freedoms that we have today. He enemies, we cannot create effective military served selflessly in a time of great need, Mr. ISRAEL. Mr. Speaker, it is with great responses, weapons or foreign policy. Cost bringing credit to himself and to this great na- pride that I rise today to recognize one of New cutting measures have left our intelligence tion. Thanks Glenn. York’s outstanding young students, Gregory gathering capability compromised and our in- f Porter. This young man has received the telligence incomplete. Eagle Scout honor from their peers in recogni- American men and women, sent to fight for IN HONOR OF JOSEPH SIMUNOVICH tion of their achievements. us, should be armed and equipped to the best Since the beginning of this century, the Boy of our abilities. We must ensure their safety to HON. ROBERT MENENDEZ Scouts of America have provided thousands of the greatest possible degree. More resources OF NEW JERSEY boys and young men each year with the op- must be dedicated to research and develop- IN THE HOUSE OF REPRESENTATIVES portunity to make friends, explore new ideas, ment of cutting edge technology. There is no and develop leadership skills while learning Thursday, November 15, 2001 reason our soldiers cannot be the best self-reliance and teamwork. equipped on the planet. Mr. MENENDEZ. Mr. Speaker, I rise today The Eagle Scout award is presented only to Our soldiers and intelligence agencies must to pay tribute to Joseph Simunovich for his ex- those who posses the qualities that make our have the best technology we can create in tensive corporate, governmental, and entre- nation great: commitment to excellence, hard order to defend us. They must be able to de- preneurial genius and expertise. On Friday, work, and genuine love of community service. tect and react to any threat to American sov- November 16, 2001, Mr. Simunovich will cele- Becoming an Eagle Scout is an extraordinary ereignty. An integral part of this is a missile brate his official retirement with family, friends, award with which only the finest Boy Scouts defense program, which can destroy ballistic and former colleagues. The celebration will are honored. To earn the award—the highest missiles launched at the United States. This take place at the White Beaches Golf & Coun- advancement rank in Scouting—a Boy Scout system must be capable of destroying missiles try Club in Haworth, New Jersey. must demonstrate proficiency in the rigorous in their launch phase, while they are most vul- Joseph Simunovich’s remarkable career in areas of leadership, service, and outdoor nerable (Link to MDI Page). corporate America spans four decades. In skills; they must earn a minimum of 23 merit With adequate intelligence, human and elec- 1962, he began his distinguished career work- badges as well as contribute at least 100 tronic, we will be able to detect threats early ing in the Sales and Marketing Management man-hours toward a community oriented serv- enough to mount an effective defense. The divisions at the New York Telephone Com- ice project. need for this capability is mandated by our pany. After 16 years of remarkable service, I ask my colleagues to Join me in congratu- Constitution and it has never been more of a Joseph Simunovich left the New York Tele- lating the recipients of these awards, as their

VerDate 112000 06:26 Nov 16, 2001 Jkt 099060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A15NO8.003 pfrm04 PsN: E15PT1 November 15, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E2083 activities are indeed worthy of praise. Their her family, students and friends in Rockwall. early age. He would often stop by a neighbor- leadership benefits our community and they Her feat took resolve, extraordinary willpower hood restaurant to purchase a bowl of oatmeal serve as role models for their peers. and courage—as well as meticulous planning for breakfast before walking to school each Also, we must not forget the unsung heroes, and resourcefulness. She said the trip made morning. In 1927, Toko and his parents, along who continue to devote a large part of their her stronger in her resolve to tackle difficult with younger sister, Chizue, moved to Sac- lives to make all this possible. Therefore, I sa- challenges in life and reinforced what mattered ramento, where he attended Lincoln School lute the families, scout leaders, and countless most to her—her family. for his elementary and junior high years before others who have given generously of their Mr. Speaker, I am pleased today to recog- attending Sacramento High School. time and energy in support of scouting. nize this outstanding young woman from my While in high school, Toko was an active It is with great pride that I recognize the hometown of Rockwall—Kristie Thompson— member of the Japanese Student Club, Math achievements of Gregory and bring the atten- and to congratulate her for this extraordinary Honor Club, and the prestigious California tion of Congress to this successful young man achievement in hiking the Appalachian Trail. Scholarship Federation. In his spare time, Toko was also involved in the Buddhist on his day of recognition, Saturday, November f 24, 2001. Congratulations to Gregory and his Church Youth Organization. It was in a high family. PAYING TRIBUTE TO CHARLIE school French class that he first met Sayoko BOLLINGER Akume, who eventually became his wife and f had been for the last 58 years. CONGRATULATING KRISTIE HON. SCOTT McINNIS When World War II broke out, Toko and THOMPSON Sayoko were sent to the Tule Lake Internment OF COLORADO camp. During the internment, he kept busy by HON. RALPH M. HALL IN THE HOUSE OF REPRESENTATIVES writing a column for the camp newspaper. Thursday, November 15, 2001 Toko and Sayoko eventually left camp in the OF TEXAS summer of 1943 and the young couple moved IN THE HOUSE OF REPRESENTATIVES Mr. McINNIS. Mr. Speaker, it is with a sol- emn heart that I would like to take this oppor- to Salt Lake City, where they were married on Thursday, November 15, 2001 tunity and pay tribute to an icon of the Pueblo, July 3, 1943. While majoring in Business Ad- Mr. HALL of Texas. Mr. Speaker, I am Colorado community who recently passed ministration at the University of Utah, Toko pleased to recognize today Ms. Kristie Thomp- away. Charles Bollinger, who was fighting Alz- displayed his innate talent for bringing people son of Rockwall, Texas, who this past summer heimer’s disease and a brief illness, died at together when he organized a basketball team succeeded in hiking the 2,167 miles of the Ap- the age of 85 and as his family and friends of Japanese Americans from the university. Upon graduation, Toko and Sayoko moved palachian Trail. This hike from Springer Moun- mourn his loss, I think it is appropriate that we to Denver before returning to Sacramento. tain in Northern Georgia to Katahdin in Central remember Charlie for his many contributions During these years, Toko further enhanced his Maine is a trek completed by fewer than 500 throughout his life. ability to bring people together. Toko orga- people each year. What makes Kristie’s ac- Charlie owned and operated Bollinger’s nized his first fundraiser to raise money for complishment even more outstanding is the Confectionary, a magazine/bookstore located uniforms and traveling costs for the Japanese fact that she hiked the distance in only four in Pueblo. Bollinger’s Confectionary began as American All Star Basketball Team. Toko also months instead of the usual six—and she did a candy store that was started by his uncle in played an instrumental role in the establish- a majority of it alone. 1927. In 1946, Charlie bought the business ment of the Buddhist Church Basketball Since childhood, Kristie has had a love for and moved it to a new location. While there, the outdoors and a sense of adventure. A League and the Northern California Nisei Ath- he added the magazine collection that made letic Union. Before the integration of Little schoolteacher at Maurine Cain Middle School Bollinger’s a favorite store in the community. in Heath, Texas, and the mother of two teen- League Baseball, he played a major role in or- Charlie was an adamant sports fan through- ganizing the Northern California Church age children, she used her summer break to out his life. He was a longtime, devoted Den- League, a Nisei baseball league. fulfill this ambitious, lifelong dream. Kristie and ver Broncos fan and his love of sports was In his professional life, Toko first ran the her sister, Melanie Musser, began the journey clearly reflected in his store magazine selec- Sun Hotel and shortly thereafter he became a on April 15, but 800 miles later, Melanie de- tions. His legendary collection included over real estate and insurance broker before he cided she could not be away from her family ninety titles covering sports from football to was recruited to manage the El Rancho Bowl for another two months. Kristie understood— baseball, and outdoor sports including hunting in 1960. In 1964, Toko and his business part- for she, too, missed her family—but she de- and fishing. ner, Kay Hamatani, started Victory Trophies, cided to go on alone. Mr. Speaker it is with profound sadness that which he successfully operated until 1996. In Kristie awoke each day to begin hiking by 7 we remember the life and memory of Charlie addition to being a small business owner, am and did not stop until 6 pm. That is an av- Bollinger. He will be remembered for his kind Toko also contributed 27 years of outstanding erage of eighteen miles every day, much of it heart and the gentle demeanor he displayed service to the former Bank of Tokyo. through mountains, carrying a pack of about throughout his life. As family and friends In his personal life, Toko remained very ac- 26 pounds. Often hiking as many as thirty mourn his passing, I would like to recognize tive with various community causes. He miles in one day, Kristie noted that the mental the wonderful life Charlie lived. We will miss served as the acting office manager for the challenges were equally as great as the phys- you Charlie. Japanese American Citizen’s League since ical ones. Her emotions ranged from elation to f the early 1990’s. In early 1991, he spear- loneliness to frustration. She tells that more headed the project to exhibit the story of Japa- TRIBUTE TO TOKO FUJII than three months along the trail—but still 300 nese American’s in the Greater Sacramento miles from her destination—she stopped, Valley. After the unexpected death of the stared down at the trail and burst into tears. HON. ROBERT T. MATSUI project’s organizer, Toko assumed full respon- But there, scratched in the dirt, was a mes- OF CALIFORNIA sibility of the project and fulfilled the mission to sage left for some other mother: ‘‘Good job, IN THE HOUSE OF REPRESENTATIVES introduce their story at the Sacramento History Mom.’’ This message gave her the inspiration Thursday, November 15, 2001 Museum for six months in 1992. and resolve to complete the arduous journey. Toko was also affectionately known as ‘‘The Support from family and strangers saw her Mr. MATSUI. Mr. Speaker, I rise in tribute to Man’’ in the local community when it comes to through. Every few days she would pick up Toko Fujii, one of Sacramento’s most notable fund raising for special causes. Toko played a food and supplies that her parents would send citizen leaders. Toko was regarded as one of key role in securing $200,000 for the Sac- to towns along the way. Her children sent the most well respected and positive figures in ramento Japanese American Citizens postcards and provided words of encourage- the Sacramento Japanese American commu- League’s Endowment Fund in 1990. When the ment when she called. They followed her nity. I ask all of my colleagues to join with me National Japanese American Memorial Foun- progress on a map. Along the way she slept in saluting one of Sacramento’s most out- dation was organized in 1999, Toko stepped in shelters or under a tarp or tent. On the last standing citizens. up to the plate and organized a local fund five miles of the hike, Kristie was joined by her Toko was born in Stockton, California on raising campaign that raised $120,000. He father, Emmett Howe, who shares her family’s May 11, 1920. The eldest child of Kinji and never forgot the importance of giving back to immense pride in this accomplishment. Midori Fujii. As a youngster in Oakland, where his community. Toko’s tireless commitment to Kristie’s ambition and perseverance cer- his parents owned a billiard hall, Toko dem- serving his community was truly an inspiration tainly will serve as sources of inspiration for onstrated his trademark independence at very and example to his fellow citizens.

VerDate 112000 06:26 Nov 16, 2001 Jkt 099060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A15NO8.005 pfrm04 PsN: E15PT1 E2084 CONGRESSIONAL RECORD — Extensions of Remarks November 15, 2001 Mr. Speaker, as Mr. Toko Fujii’s friends and PAYING TRIBUTE TO DEBBIE This country will not fall. family gather to celebrate and honor his leg- JOHNS We are Americans, acy and many contributions, I am honored to United through it all. pay tribute to one of Sacramento’s most well HON. SCOTT McINNIS We’ll bind our wounded. respected citizens. His successes are unparal- Grieve for those who died. OF COLORADO Praise the heroes’ efforts. leled, and it is great honor for me to have the IN THE HOUSE OF REPRESENTATIVES And sing out with pride, opportunity to pay tribute to his accomplish- Thursday, November 15, 2001 ‘‘America, America ments. I ask all my colleagues to join with me God shed his grace on thee, in celebrating the deeds of an extraordinary Mr. MCINNIS. Mr. Speaker, I would like to And crown thy good leader. take this opportunity to recognize Debbie With brotherhood.’’ Johns and thank her for the contributions she For we’re united in our victory, f has made to the School District 51 Board in United in our cause. Clifton, Colorado. Debbie has served on the We’ll stand against all enemies, HONORING WESTFIELD WORKS school board for over sixteen years, and Liberty has no walls. WONDERS though she will be dearly missed, I am happy We’re stronger than those towers, to congratulate Debbie on her retirement. This country will not fall. Debbie was elected to School District 51 We are Americans, HON. ROSA L. DeLAURO Board in 1985. She ran for office because of United through it all. concerns she had over school redistricting and f OF CONNECTICUT how it would affect her children’s lives. Since UNITED STATES POLICY TOWARDS IN THE HOUSE OF REPRESENTATIVES then, Debbie has been elected three more times to the board with the help of her cam- HAITI Thursday, November 15, 2001 paign staff and her family. She has been in- Ms. DELAURO. Mr. Speaker, I rise today to strumental in many changes that have oc- HON. EDDIE BERNICE JOHNSON recognize the fifth annual Westfield Works curred to the district during her tenure. While OF TEXAS Wonders event which is being celebrated in in office, six new schools have been built and IN THE HOUSE OF REPRESENTATIVES shopping malls across the nation. Over the another twenty have undergone renovations. Thursday, November 15, 2001 last five years, this wonderful charity event When not meeting with the board, Debbie can be found distributing her time between Ms. EDDIE BERNICE JOHNSON of Texas. has raised millions of dollars for national and Mr. Speaker, I rise today to express my deep local non-profits and charities. managing a doctor’s office and caring for her family. This is no easy task considering concern regarding current United States policy First implemented in Connecticut in 1997, Debbie works an average of seventy hours towards Haiti. the Westfield Works Wonders program began per week in her management position. Despite Haiti’s human and development statistics as a project to benefit local non-profits and her newfound freedom, Debbie already plans are alarming. The life expectancy of the aver- charities. In just three years, the event to fill the void by donating her time to the age Haitian is only 53 years, and this number achieved outstanding results raising upwards Mesa County Public Library literacy program. is certain to decline as the HIV/AIDS epidemic of one million dollars and attracting more than Mr. Speaker it is a great privilege to honor in the country becomes even more severe. 120,000 shoppers to the four centers in Con- Debbie Johns and wish her the best as she According to UNAIDS, the United Nations necticut. Due to its local success in Con- steps down from the School District 51 Board. agency responsible for addressing the HIV/ necticut, Westfield Wonder Works was rolled She has dedicated her energy and time to the AIDS pandemic, more than 5% of the adult out as a national program in 1999. In its two- community for the last sixteen years and cer- population is HIV-positive, and some sectors year national history, malls across the nation tainly deserves the praise and admiration of of the population have infection rates of over have raised almost three million dollars in con- this body. Debbie, thank you for your dedi- 50%. In other human development categories, tributions for thousands of non-profits and cated service. Haiti’s record is just as lamentable. Half of charities. f Haitian adults are illiterate, and more than 1 in The simplicity of the program is one of its 4 children under the age of 5 are malnour- UNITED THROUGH IT ALL greatest benefits. Westfield Works Wonders is ished. Haiti ranks 152nd out of 174 on the a one-day three hour event held in November United Nations Development Program’s when shoppers are ready to begin their holi- HON. HENRY E. BROWN, JR. Human Development Index, below such coun- day shopping. For a five dollar donation, shop- OF SOUTH CAROLINA tries as Bangladesh and Sudan. pers enjoy a private evening at Westfield IN THE HOUSE OF REPRESENTATIVES In previous years, the United States pur- sued a constructive relationship with Haiti, the Shoppingtowns with special discounts, instore Thursday, November 15, 2001 promotions, prize giveaways, entertainment, poorest country in the Western Hemisphere. Mr. BROWN of South Carolina. Mr. Speak- celebrity appearances, free photos with Santa, Between FY 95 and FY 99, the United States er, I would like to submit the following poem and more. All ticket proceeds are donated di- provided $884 million in critical development for the RECORD. rectly to participating organizations. In Con- assistance funds to support agricultural devel- necticut alone, over sixty non-profits and char- UNITED THROUGH IT ALL opment, democracy and governance, teacher ities will receive invaluable funding. (By Mike Allen and Randall Bayne) training, health care, and many other pro- On an island in the harbor, grams. The United States also supported mul- It is important to recognize the dreams and tilateral institutions that worked to improve the wishes that are made a reality by this special Lady Liberty’s darkest day, Terror rose against our land. lives of ordinary Haitians. More recently, how- event. The money raised helps thousands of Evil had its way. ever, the United States has pursued a myopic children and families receive much needed We witnessed two strong towers policy towards Haiti and has used its veto services. Hospitals, schools and a variety of As they came crashing down, power to prevent the disbursement of funds national and local charities all benefit from the Innocent lives were sacrificed from multilateral institutions such as the World generosity of the over half a million people In rubble on the ground. Bank and the Inter-American Development who attend this event nationwide. With a small We stood in awe, in disbelief, Bank (IDB). The board of directors of the IDB donation, people can make a real difference in Souls of thousands fell. has already approved $146 million in social the lives of many. In the horror of the picture, sector loans for Haiti, but because of United In the midst of this hell. I am proud to stand today to recognize the States policy, these funds have been blocked tremendous contribution Westfield We bound our sprits in resolve from improving the lives of 8 million Haitians. To answer freedoms call. Shoppingtowns are making to communities This is America, This policy must change. across the nation. I am honored to take this We’ll rise above it all. In order for the living standards and life opportunity to extend my thanks and apprecia- We’re united in our victory, chances of ordinary Haitians to improve, inter- tion to all of those—from Westfield America to United in our cause. national development assistance is critical. the thousands of retail employees—who make We’ll stand against all enemies, The United States must change its current pol- this evening possible. Your efforts are truly in- Liberty has no walls. icy towards Haiti so that it may receive multi- spiring. We’re stronger than those towers, lateral funds for pressing development needs.

VerDate 112000 06:26 Nov 16, 2001 Jkt 099060 PO 00000 Frm 00004 Fmt 0626 Sfmt 0634 E:\CR\FM\A15NO8.008 pfrm04 PsN: E15PT1 November 15, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E2085 IN HONOR OF THE PUERTO RICAN decorations for his contributions to the war ef- Today nearly 195,000 Hmong and 135,000 ASSOCIATION FOR HUMAN DE- fort, but is worthy of the praise of this body of Lao Americans live in the United States. Large VELOPMENT, INC. Congress. Hmong and Lao communities have been es- Mr. Speaker, it is a great privilege to honor tablished in parts of California, Minnesota, HON. ROBERT MENENDEZ Verne L. Wikert for his service to this country. Wisconsin, North Carolina and Colorado. OF NEW JERSEY He served selflessly during a time when the In closing, I would like to congratulate Con- IN THE HOUSE OF REPRESENTATIVES country was in great need. His actions have gressman Tancredo for his work on this legis- brought great credit to himself and his nation. lation and urge my colleagues to stand in Thursday, November 15, 2001 f strong support for the passage of H. Con. Mr. MENENDEZ. Mr. Speaker, I rise today Res. 88. EXPRESSING SENSE OF CONGRESS to honor and pay tribute to the Puerto Rican f Association for Human Development, Inc. THAT PRESIDENT ISSUE PROC- (PRAHD). PRAHD is a non-profit organization LAMATION RECOGNIZING A NA- 68TH ANNIVERSARY OF FAMINE- in Perth Amboy, New Jersey, dedicated to TIONAL LAO-HMONG RECOGNI- GENOCIDE IN UKRAINE providing health, educational, and social serv- TION DAY ices to low-income residents of Middlesex HON. BOB SCHAFFER SPEECH OF County, New Jersey. OF COLORADO Since 1974, PRAHD has emerged as one of HON. ROBERT A. UNDERWOOD IN THE HOUSE OF REPRESENTATIVES the premier non-profit organizations in the OF GUAM Thursday, November 15, 2001 State of New Jersey. This dynamic organiza- IN THE HOUSE OF REPRESENTATIVES Mr. SCHAFFER. Mr. Speaker, as Co-Chair tion provides a wide range of social services Tuesday, November 13, 2001 essential to low-income and elderly residents of the Congressional Ukrainian Caucus, I rise of Middlesex County. PRAHD currently spon- Mr. UNDERWOOD. Mr. Speaker, I rise in today to commemorate the memory of millions sors pre-school child care programs, HIV/AIDS strong support of H. Con. Res. 88, a resolu- of innocent victims ruthlessly murdered at the educational services, substance abuse pre- tion urging the President to issue a national tyrannical hands of Joseph Stalin and other vention classes, and health care services for proclamation recognizing the important con- Soviet communists. This year marks the 68th homebound senior citizens. tributions of Hmongs and Laotians to our great anniversary of the Famine-Genocide per- The outstanding success and efficiency of nation. petrated by Stalin in an attempt to subjugate this organization can be attributed to its com- Unfortunately, few Americans know that the people of Ukraine. mitted staff, which is working tirelessly to en- many Hmong and Lao people came to the In order to achieve his vision of a strong in- sure that adequate social services are pro- United States as refugees fleeing genocide dustrialized Soviet Union, Stalin sought to vided for residents in Middlesex County. and persecution for fighting against the spread force Ukraine into compliance. However, his PRAHD, which is governed by a Board of Di- of communism in Laos, a country once part of policy of forced collectivization was strongly rectors and is managed by an Executive Di- the French colony known as Indochina, which resisted by the freedom-loving peasantry. In rector, currently employs 38 full-time and 74 also encompassed Cambodia and Vietnam. an effort to break the spirit of the Ukrainian part-time staffers. It is also supported by the Following the French rule over Indochina people, Stalin used food as a weapon, starv- diligent efforts of numerous community lead- from 1863 until its withdrawal from the region ing between six and eight million people to ers, who volunteer their skills and services. in 1954, the United States became involved in death, while confiscating and exporting mas- As a result of its hard work, PRAHD has the struggle for democracy and independence sive quantities of grain. This was a naked act vastly improved the standard of living for thou- for Indochina from 1955 to 1975. During this of genocide against Ukraine and her people. sands of New Jersey families. period which became known as the Vietnam The famine was entirely the creation of Sta- Today, I ask my colleagues to join me in War, the United States recruited Hmong and lin’s totalitarian policies. The Communist honoring PRAHD for its service to the commu- Lao people to fight against the communist Vi- State’s prohibition of private land ownership nity of Perth Amboy and for its countless acts etnamese Army and the Pathet Lao. Hmong and Stalin’s excessive seizures of agricultural of kindness and compassion. and Lao soldiers flew thousands of deadly products created an intolerable life for the combat missions in support of the U.S. Armed Ukrainian peasantry. This situation escalated f Forces and the Central Intelligence Agency, when state-sanctioned production quotas HONORING VERNE L. WIKERT and fought in conventional and guerrilla com- could not be filled. The quotas were designed bat clashes with extreme casualties against to guarantee failure. The failure of quota fulfill- HON. SCOTT McINNIS communist Vietnamese and Pathet Lao. More ment was interpreted, by Stalin, as anti-Soviet OF COLORADO than 35,000 Hmong and Lao soldiers lost their behavior, as treason, and acted upon accord- IN THE HOUSE OF REPRESENTATIVES lives in defense of democracy and many more ingly. were seriously injured and disabled. Stalin ordered the Soviet secret police, the Thursday, November 15, 2001 After the United States pulled out of Viet- GPU (State Political Directorate), later the Mr. McINNIS. Mr. Speaker, I would like to nam in 1975, many of the Hmong and Lao NKVD (People’s Commissariat for Internal Af- take this opportunity to recognize Verne L. soldiers and their families were forced to live fairs), to enforce his quotas by whatever Wikert and his contributions to this country. in communist concentration camps known as means necessary. The GPU, with the help of Verne began his service to this nation in the ‘‘reeducation camps’’ by the Pathet Lao. While local party officials, seized all the available 1940’s, serving as a Merchant Marine in the in these camps, thousands of Hmong and Lao food and seed, rendering the peasantry in- Pacific theatre during World War II. people were subjected to chemical bombings, capable of producing even enough to feed Mr. Wikert joined the Merchant Marines at tortures, and genocidal murders. Many eventu- themselves in the most fertile regions of Eu- the age of seventeen. Tasked with the position ally escaped to refugee camps in Thailand rope and Asia. As a result, a mass migration as oiler aboard the S.S. Coast Trader, Verne and some refugees fled to the United States. of peasantry loomed. Many sought a chance and his crew were responsible for supplying It is estimated that between 1975 and 1995, for survival in the cities, others merely brought the Pacific theatre with troops and supplies the communist Pathet Lao government killed their children to urban areas and left them in throughout the war. On June 7, 1942, a Japa- more than 300,000 people in Laos, including the hope they would survive, returning, them- nese submarine torpedoed his ship. Following the Royal Lao family. selves, to their villages to die. the attack, Verne fought his way from below Only in recent years have we begun to rec- To prevent the migration, the ‘‘social para- deck to escape the sinking ship. This event ognize and commemorate the contributions sitism’’ Stalin implemented a passport system, put the crew through a five-day ordeal, fighting thousands of Hmong and Lao Americans have which forced the peasantry to remain in their for their survival off the coast of the state of made during the period of the Vietnam War. In villages. Those caught hiding food were either Washington. Upon rescue, Wikert, in a coma, the 106th Congress, Congress passed the deported to Siberian labor camps or shot. was near death. Hmong Veterans’ Naturalization Act introduced Often, the grain collected would begin to rot Mr. Wikert recovered from this experience by our esteemed former colleague the late while it waited for pickup. Those trying to steal and continued his service to his country, sur- Congressman Bruce Vento, which expedited even the rotting grain faced the same fate as viving two more torpedo attacks before the naturalization procedures for Hmong and Lao those hiding it. Anyone who did not appear to end of the war. As is customary in the Mer- refugees who fought in the special guerrilla be starving was suspected of hording food chant Marines, he received no awards or units in Laos. and faced death or deportation. Unable to eat,

VerDate 112000 06:26 Nov 16, 2001 Jkt 099060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A15NO8.011 pfrm04 PsN: E15PT1 E2086 CONGRESSIONAL RECORD — Extensions of Remarks November 15, 2001 under penalty of death, the peasants starved PAYING TRIBUTE TO PAUL It has been over 13 years since Eddie Bo- to death. JORDAN land last graced the halls of Congress as a The fate of these victims is a lasting testa- distinguished member of the House of Rep- ment to the failure of the Soviet system. Sta- HON. SCOTT McINNIS resentatives, but the ideals that he quietly lin’s quote, ‘‘a single death is a tragedy, a mil- OF COLORADO fought for during his tenure have not been lion are just a statistic,’’ responding to a ques- IN THE HOUSE OF REPRESENTATIVES lost. I extend my sincere condolences to his wife Mary and their four children. tion about the reported deaths of millions of Thursday, November 15, 2001 Ukrainians, is evidence of the horror Ukraine faced. Mr. McINNIS. Mr. Speaker, I would like to f take this opportunity to recognize Paul Jordan In 1986, the U.S. Congress appointed a for his contributions to this country. Paul HONORING SERGEANT JOSEPH Commission on the Ukraine Famine. After two began his service to our nation in 1942 by re- BUONOME ON THE OCCASION OF years, the Commission confirmed these ter- porting for duty as a new army recruit at Fort HIS RETIREMENT rible events did occur and constituted an act Logan, CO. Following his training, Paul was of genocide against Ukrainians. Over two hun- assigned as a tank assistant gunner for the in- dred courageous Ukrainian survivors testified vasion of Sicily, Italy in June of 1943. HON. ROSA L. DeLAURO before the Commission. Their testimony is Mr. Jordan’s company supported cover for preserved in the CONGRESSIONAL RECORD. OF CONNECTICUT the 45th Division and served in the initial inva- These terrible events must not be forgotten. sion of Sicily. The Allied success brought Paul IN THE HOUSE OF REPRESENTATIVES Because of the courage of survivors and the to the invasion of Salerno in September of that commitment of those who remember and com- Thursday, November 15, 2001 same year. It was during this invasion that memorate this tragedy, they will not be. Paul had his first tank destroyed by enemy Ms. DELAURO. Mr. Speaker, it gives me fire. Paul survived and later was reunited with great pleasure to rise today to pay tribute to f his company and assigned a new tank. After Sergeant Joseph Buonome who recently re- PROCLAMATION FOR JAMES fighting for three months near Monte Cassino, tired from the East Haven Police Department LEHANE Paul was assigned to yet another invasion after three decades of dedicated service. Ser- force, this time the invasion of Southern geant Buonome led an exemplary career and France. Fighting near Cannes in 1944, Paul’s has left a legacy that will not soon be forgot- HON. STEVE ISRAEL tank was again destroyed by an enemy attack. ten. OF NEW YORK Evading enemy forces once again, Paul was Joining the East Haven Police Department promoted to tank commander upon reaching as an Auxiliary Officer nearly thirty years ago, IN THE HOUSE OF REPRESENTATIVES his unit. The war ended for Paul in Strasborg, Sergeant Buonome was soon sworn in as a Thursday, November 15, 2001 France close to the German border in 1945. full time officer. Appointed Court Liaison and Mr. Jordan returned to Colorado in Novem- Police Spokesperson ten years ago, Sergeant Mr. ISRAEL. Mr. Speaker, it is with great ber 1945. He married his sweetheart Ellen and Buonome played an integral role in maintain- pride that I rise today to recognize one of New raised three children. He went on to work in ing the Department’s relationship with the local York’s outstanding young students, James the Delta County School District for almost 30 community. Throughout the course of his ca- Lehane. This young man has received the years. Paul and his wife Ellen recently trav- reer, he also took on the duties of Hostage Eagle Scout honor from their peers in recogni- eled back to France to visit a small village his Negotiator, Supply Officer and Airport Liaison. tion of their achievements. unit liberated during the war, and to visit a me- His outstanding service has been recognized Since the beginning of this century, the Boy morial to five of his comrades who died during with more than ten Commendations and two Scouts of America have provided thousands of the fighting. Citations for performing above and beyond the boys and young men each year with the op- Mr. Speaker, it is a great privilege to recog- call of duty—a reflection of his unwavering portunity to make friends, explore new ideas, nize and pay tribute to Paul Jordan for his commitment to serve and protect the residents and develop leadership skills while learning service to his country during World War II. He of East Haven. Sergeant Buonome has cer- self-reliance and teamwork. served selflessly in a time of great need, tainly been a hero to our community. The Eagle Scout award is presented only to bringing credit to himself and this nation. Paul Sergeant Buonome’s compassion and gen- those who possess the qualities that make our is one reason that our country enjoys the free- erosity extends well beyond his professional nation great: commitment to excellence, hard dom that we hold so high today. career. As a member, Secretary, Vice-Presi- work, and genuine love of community service. f dent and President for the Police Union Local Becoming an Eagle Scout is an extraordinary TRIBUTE TO EDDIE BOLAND 1662, he worked hard to ensure the safety award with which only the finest Boy Scouts and security of his fellow officers and their are honored. To earn the award—the highest families. Sergeant Buonome has also served advancement rank in Scouting—a Boy Scout HON. ROBERT T. MATSUI as the Vice President of the Connecticut Po- must demonstrate proficiency in the rigorous OF CALIFORNIA lice Association as well as Vice President and areas of leadership, service, and outdoor IN THE HOUSE OF REPRESENTATIVES President of the Order of Centurions devoting skills; they must earn a minimum of 23 merit Thursday, November 15, 2001 countless hours to these fine organizations. badges as well as contribute at least 100 Mr. MATSUI. Mr. Speaker, I rise today to Dedicated to enriching his community, he has man-hours toward a community oriented serv- also served as Co-Chairman for many chari- ice project. pay tribute to a dear friend and former col- league Eddie Boland. By his own choosing, he table events. His commitment to the East I ask my colleagues to join me in congratu- loyally served this body for 36 years with mini- Haven community, professional and otherwise, lating the recipients of these awards, as their mal national attention. And yet despite his is unquestionable and he has made a real dif- activities are indeed worthy of praise. Their best efforts to remain known only to his con- ference in the lives of many. leadership benefits our community and they stituents and his colleagues, his name carries Too often we take for granted the role of our serve as role models for their peers. a familiar ring to a vast number of Americans. law enforcement officers; men and women Also, we must not forget the unsung heroes, While it was his role as Chairman of the who face risks few of us can truly com- who continue to devote a large part of their House Select Committee on Intelligence that prehend. Each day, they must be ready to lives to make all this possible. Therefore, I sa- brought him household recognition, Eddie Bo- perform under intense pressure—literally in life lute the families, scout leaders, and countless land stood for more than the namesake or death situations. It is an honor for me to others who have given generously of their amendments that helped set the stage for the stand today to express my deepest thanks time and energy in support of scouting. Iran-contra affair. To his constituents, he was and appreciation to Sergeant Joseph It is with great pride that I recognize the a friend, a steadfast supporter of civil rights Buonome for his outstanding service to the achievements of James and bring the atten- and simply unbeatable when it came to the Town of East Haven and to extend my very tion of Congress to this successful young man polls. To members of this body, he was an best wishes to him and his wife, Barbara; on his day of recognition, Friday, January 4th, honest, sincere and dedicated man who came daughter, Cheryl and her husband, Michael-, 2002. Congratulations to James and his fam- to Washington to serve his district and did it and his grandchildren, Gabrielle and Chris- ily. well. topher as they celebrate his retirement.

VerDate 112000 06:26 Nov 16, 2001 Jkt 099060 PO 00000 Frm 00006 Fmt 0626 Sfmt 0634 E:\CR\FM\A15NO8.014 pfrm04 PsN: E15PT1 November 15, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E2087 WELCOME IMAM HENDI AND Southwest Colorado. Gene has spent over a DULCE AND DECORUM EST . . . BY COMMENCEMENT OF RAMADAN century of her life working to help better un- JAMES F. CAHALAN, PH.D. derstand previous cultures and the archeo- HON. NICK J. RAHALL II logical preservation of the Anasazi culture. HON. HENRY E. BROWN, JR. OF WEST VIRGINIA Ms. Parker began her work as a volunteer OF SOUTH CAROLINA IN THE HOUSE OF REPRESENTATIVES for the Bureau of Land Management’s Anasazi IN THE HOUSE OF REPRESENTATIVES Thursday, November 15, 2001 Heritage Center in Dolores, Colorado. Her du- ties include the inventorying of the center’s Thursday, November 15, 2001 Mr. RAHALL. Mr. Speaker, I am honored to collections, where she is relied upon to verify extend a warm welcome to Imam Hendi. that each piece was properly documented for Mr. BROWN of South Carolina. Mr. Speak- He is here with us today as guest chaplain its historical study. Gene has also volunteered er, I would like to submit the following poem and here to observe the commencement of her services to the center’s library, assisting for the RECORD. Ramadan—the Islamic holy month of fasting with special events as they occur. She is also DULCE AND DECORUM EST and spiritual renewal. a member of the Anasazi Historical Society. Imam Hendi has spent his life educating JIM CAHALAN, MAY 5, 2001 and working with youngsters and students to Gene has dedicated her time and effort for They once were boys, like you and me, Just guide their spiritual development and to edu- two days a week for the past fifteen years. little boys, not heroes then; Just small cate them on the tenets and faith of Islam. Following recovery from a broken hip in 1999, and ordinary. Gene remained committed to continue her du- No one could have known that when He was the first Muslim chaplain designated Their country called them overseas They’d by Georgetown University where he currently ties where she has amassed 1,814 volunteer give their all, more than could bear We serves. hours. who stayed in tranquil leas, Gave out Back in 1991, I was the first Member of Mr. Speaker, it is a great privilege to recog- medals, but no care. Congress to invite an imam to pray before the nize Gene for her service to help preserve the We must engrave this one bold truth Of House. noble men who give their all, Keep us artifacts of the ancient Anasazi culture. Her free from harm, forsooth, Safe, con- Today we share again the rich religious di- dedication to a worthwhile cause certainly de- versity of America by welcoming Imam Hendi. tent, and out of thrall; serves the praise of this body. Because of her Who leave behind their homes and wives All This morning, at the commencement of efforts, many will now be able to better under- to brave those hellish places, Sacrifice Ramadan we send our greetings as our Mus- stand the Anasazi culture. their very lives, Saving our eternal lim citizens and Muslims around the world blazes, prepare for this holy month of spiritual re- And work to make much, much the less Of f newal. strife and human misery: Dulce et de- Islam is one of the largest world religions, corum est Pro patria vivere. and one of America’s major religions. ST. JOSEPH’S HIGH SCHOOL’S Muslims from all over the world are valued FOOD DRIVE COMMITTEE members of our American communities. f And this Muslim community comes to- gether in the United States from all corners PAYING TRIBUTE TO BERNICE of the world: the Middle East, Indonesia, HON. ROBERT MENENDEZ ELAINE FORCE Southeast Asia, and Africa to celebrate their OF NEW JERSEY faith in our country. In this month of introspection, faith, pray- IN THE HOUSE OF REPRESENTATIVES HON. SCOTT McINNIS er and cleansing, together we share the hor- OF COLORADO ror of American Muslims felt when they wit- Thursday, November 15, 2001 nessed criminals use their sacred faith as an IN THE HOUSE OF REPRESENTATIVES Mr. MENENDEZ. Mr. Speaker, I rise today excuse for their crimes. Thursday, November 15, 2001 While we will not excuse the criminal acts to honor and pay tribute to the Food Drive of September 11, so too can we never excuse Committee at Saint Joseph’s High School in Mr. MCINNIS. Mr. Speaker, I would like to those who seek to blame Muslims as a whole Metuchen, New Jersey. For over thirty years, take this opportunity to pay tribute to the life for those acts. this Food Drive Committee has provided and memory of Bernice Elaine Force who re- Nor will we, as a Nation, tolerate acts of Thanksgiving food baskets for thousands of cently passed away in Glenwood Springs, Col- violence and hatred directed towards those needy families throughout New Jersey. who practice Islam. orado on October 25, 2001. She began her This has been made clear, from the Presi- This charitable food drive was inaugurated life in Kalamazoo County, Michigan, born to dent on down. under the guidance of Brother George Fred and Bessie Bishop Barber, where she at- There can be no battle between the United Woodburn. Currently, the Food Drive Com- tended the University of Michigan School of States and the Muslim world, because the mittee operates under the auspices of the Nursing. After her marriage to Jack Force in United States is part of the Muslim world. Saint Joseph’s Student Council. Annually, this 1932, the couple moved to Mesa, Colorado. Today we have 6 million Muslims in the United States, and that number continues to food drive provides hundreds of Thanksgiving Throughout her life, Bernice was dedicated grow. food baskets to various food shelters and or- to providing healthcare services to those who We welcome our Muslim citizens, and we ganizations for distribution to families in need. were in need. She served in several hospitals value them, and we send them our best wish- The success and longevity of this event is throughout the state including Veterans Hos- es. due to the compassionate efforts of Saint Jo- pital in Grand Junction, Faith Hospital in I would like to close by stating my support Collbran, and Valley View Hospital in Glen- seph’s dedicated administration, faculty, and as a cosponsor of Congressman John La- wood Springs. Falce’s resolution, H.Res. 280; to express soli- students. As a result of Saint Joseph’s kind- darity and support for members of the Is- hearted efforts, this month-long food drive en- In her free time, Bernice enjoyed various ac- lamic community in the United States and ables hundreds of needy families to enjoy a tivities and interacting with others who were in around the world while commending them Thanksgiving dinner. her life. Her most cherished time was spent for their faith in Islam. with family. She was a dedicated wife, mother For four decades, Saint Joseph’s has also of three, grandmother to five, and great-grand- f been dedicated to the education and leader- mother of four. Bernice enjoyed gardening, HONORING GENE PARKER ship development of young men residing in fishing, baking and cooking. She was also an Central New Jersey. This institution prepares active member of her church. HON. SCOTT McINNIS young men for post-secondary academic suc- Mr. Speaker, it is with great sadness that cess, while also enabling them to acquire the we mourn the loss of Bernice Elaine Force. OF COLORADO skills and values essential to become respon- IN THE HOUSE OF REPRESENTATIVES She devoted most of her ninety years to oth- sible young adults. ers and will be missed by those she touched. Thursday, November 15, 2001 Today, I ask my colleagues to join me in Her family and friends are grateful for her Mr. McINNIS. Mr. Speaker, I would like to honoring Saint Joseph’s High School for its dedication and service to Glenwood Springs. take this opportunity to recognize a truly dedi- dedication and commitment on behalf of As we mourn her passing, our thoughts are cated volunteer, Ms. Gene Parker, from needy families throughout New Jersey. with those who knew her.

VerDate 112000 06:26 Nov 16, 2001 Jkt 099060 PO 00000 Frm 00007 Fmt 0626 Sfmt 0634 E:\CR\FM\A15NO8.017 pfrm04 PsN: E15PT1 E2088 CONGRESSIONAL RECORD — Extensions of Remarks November 15, 2001 TRIBUTE TO HOUSING OPTIONS & the law for more than fifty years in order to AMERICAN SPIRIT FRAUD GERIATRIC ASSOCIATION RE- protect the American national interest. PREVENTION ACT SOURCES, INC. We have been dismayed this year by the SPEECH OF ´ FCC’s approval of the Deutsche Telekom ac- HON. JOSE E. SERRANO quisition of VoiceStream Wireless Commu- HON. CLIFF STEARNS OF FLORIDA OF NEW YORK nications and the SES-Astra acquisition of GE IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Americom Communications. For several years, Thursday, November 15, 2001 we have repeatedly expressed the most seri- Tuesday, November 13, 2001 Mr. SERRANO. Mr. Speaker, I rise today to ous reservations about the Commission’s in- Mr. STEARNS. Mr. Speaker, in the days fol- pay tribute to Housing Options & Geriatric As- terpretation of the foreign government owner- lowing the terrible tragedy that befell America sociation Resources, Inc., an organization ship provisions of Section 310 of the Commu- on September 11, 2001, we have experienced a reaffirmation of the American Spirit in the dedicated to improving the lives of homeless, nications Act. We have repeatedly pointed out heroic acts of some Americans and the self- elderly, mentally ill, physically challenged, and that companies controlled by foreign govern- HIV/AIDS infected individuals in the Bronx. less giving of others. Americans have opened ments are too often motivated by political con- This invaluable organization celebrates the their hearts to the families of the victims of the grand opening of its Scattered Site Housing siderations that may be against the interests September 11th tragedy and heeded the calls Program and Supported Housing Unit on No- of the United States rather than by the work- for assisting those victims. Americans from all vember 15, 2001. ing of the competitive marketplace. walks of life have to date contributed in ex- H.O.G.A.R.’s mission is not only to raise Notwithstanding our stated concerns, the cess of $1 billion to charities and other organi- awareness of the housing and health issues Commission approved the Deutsche Telekom zations supporting the victims of the tragedy. facing burdened groups of society, but also to acquisition of VoiceStream in April of this year, While the overwhelming majority of fund-rais- ing efforts in response to the September 11th provide ways of dealing with these issues. Not revealing the clear differences between the only does H.O.G.A.R. spread the word that a terrorist acts are legitimate, unfortunately, Congress and members of the Commission number of individuals diagnosed as mentally ill there have been a few fraudulent fundraising end up on the streets each year, but it also about the meaning and application of Section efforts capitalizing on this National tragedy. maintains a program to find housing for these 310. The proposal of SES-Astra to acquire GE As unacceptable as it may be, the Sep- people and has even opened a 12-bed sup- Americom presented the same concerns, and tember 11th tragedy, as other tragic emer- ported housing unit that emphasizes commu- I asked the Commission to conduct a ‘‘vig- gencies, have spun deceit and fraud per- nity reintegration. orous review;’’ of the proposed acquisition to petrated by unscrupulous persons manipu- Mr. Speaker, H.O.G.A.R. also recently im- assure that our national interests were pro- lating the emotions of generous citizens so plemented the Scatter Site Housing Program tected. However, instead of the vigorous re- that they may fraudulently line their pockets. for HIV/AIDS infected people. This program view that was needed and requested, the Scam artists often use the telephone and Internet to prey on emotions— for example, by provides relocation assistance, access to Commission allowed the International Bureau being rude when asked for specific information counseling services, access to primary health to rapidly approve this significant acquisition in care, recreational activities, daily life skills or insinuating that people who decline to give a pro forma manner. Indeed, once that ap- training, and classes in healthy meal prepara- are unpatriotic. By taking advantage of the tion to name just a few things. Essentially it is proval had been given, SES-Astra revealed moment and acting quickly, these criminals a program to ensure that people living with that it had not fully revealed the substantial are often able to raise thousands of dollars AIDS, actually have some quality of life. Often extent of foreign control in the company, but before they are caught. And when they’re those who are sick and poor are left to the the FCC staff again gave its prompt pro forma caught, the FTC has tepid legal authority to wayside. H.O.G.A.R. is there to pick these in- approval with no public notice. make them pay for their offense. H.R. 2985, the American Spirit Fraud Pre- dividuals up and to show them how to stand Commissioner Michael J. Copps issued a vention Act, introduced by Reps. DEAL and alone. statement noting that SES-Astra’s failure to re- An amazing group of men and women give BASS, takes measures to prevent scam artists veal the full extent of its foreign ownership and H.O.G.A.R. its heart and soul and continually from capitalizing on national tragedies and fuel its efforts. It is because of them that stating that the Telecommunications Act re- takes additional steps to penalize those prac- H.O.G.A.R. exists and succeeds in its mission. quired the FCC to provide the opportunity for tices. The bill takes the needed step of We will never be able to accurately assess ex- public notice. We agree. We believe the Com- strengthening the Federal Trade Commission actly how many lives H.O.G.A.R. has saved or mission has exceeded its authority in this area Act so the Commission can punish those un- how many lives it has helped give meaning and has not weighed fully the full national in- scrupulous scam artists. and hope to. We can only be sure that any terest considerations in foreign government The bill gives the Commission the power, addition to this organization is worthy of great ownership of our telecommunications infra- during times of presidentially-declared national emergency or natural disaster, to crack down celebration. That is why my son, Councilman structure, especially in the wake of recent hard on unfair or deceptive acts or practices elect, and myself are so honored to be named events that have heightened our concerns that take advantage of the emergency or dis- special guests of H.O.G.A.R.’s grand opening about the security of our homeland. of these two new program units. aster. If the Commission acts to stop the fraud Mr. Speaker, I ask my colleagues to join me Accordingly, we introduced legislation to administratively, this bill doubles the civil pen- in congratulating the H.O.G.A.R. directors and make it clear that foreign governments are not alties from $11,000 to $22,000 for each viola- staff for their immeasurable contributions to allowed to own or control American tele- tion. Alternatively, if the Commission opts to those most in need and most overlooked and communications, satellite, or broadcast net- go to federal district court for an injunction to in thanking them for their ceaseless efforts. works, whether directly or indirectly. This legis- stop the fraud, the bill gives the Commission the authority to demand civil penalties of f lation does not break new ground, but rather $22,000 for each violation, a punitive power simply reaffirms, in no uncertain terms, that THE FOREIGN GOVERNMENT the FTC currently does not have at their dis- OWNERSHIP ACT OF 2001 the telecommunications, broadcast, and Inter- posal. The increased penalties are available net facilities that underlie our freedom of for unfair or deceptive acts or practices com- HON. W. J. (BILLY) TAUZIN speech and our economy cannot be made vul- mitted within one year after the President ter- OF LOUISIANA nerable to the actions of foreign governments. minates the emergency period under the Na- IN THE HOUSE OF REPRESENTATIVES We suggest that it serves neither the public tional Emergencies Act or within one year of the disaster declaration under the Robert T. Thursday, November 15, 2001 interest nor the interest of the applicants for the FCC to approve any mergers of this type, Stafford Disaster Relief and Emergency As- Mr. TAUZIN. Mr. Speaker, last week, Sen- sistance Act. or for that matter to allow the SES-Astra ac- ator HOLLINGS and I joined together to intro- Those are needed changes to the FTC Act. duce legislation to emphasize the prohibition quisition of GE Americom to go forward with- It is unfortunate that such changes were ne- on foreign goverment ownership of American out the full Commission seriously addressing cessitated by the horrific events of September telecommunications and broadcast infrastruc- our concerns. 11th. Yet, we must put all those engaged in ture. This is not a new concept. It has been fraud or contemplating fraudulent acts that

VerDate 112000 06:26 Nov 16, 2001 Jkt 099060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A15NO8.024 pfrm04 PsN: E15PT1 November 15, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E2089 take advantage of National tragedies on notice World Humanitarian Award Dinner-Dance. The The American dream must be kept alive and that they will pay and pay dearly for their un- event will be held at the Sheraton well within our current nightmare. I am deeply scrupulous acts. This bill shows that we will Meadowlands Hotel in East Rutherford, New disappointed to hear of the many instances of not tolerate the manipulation of Americans’ Jersey. hate crimes that have occurred throughout the goodwill at times of National tragedy. Carl Goldberg has enjoyed an extensive nation. I know that America is greater than this I wholeheartedly support the American Spirit and successful real estate career that spans and I know that as always, the forces of fair- Fraud Prevention Act and I strongly urge its over two decades. In 1979, he joined the pres- ness will overcome every domestic and inter- passage. tigious real estate firm Bertram Associates as national evil because the moral arch of the f a Project Manager for the development of sin- universe may be long, but it always bends to- gle-family homes. While at Bertram, he quickly ward justice. PAYING TRIBUTE TO DAVID climbed the corporate ranks and became Op- f POLLARD erating Partner. As Operating Partner, he was instrumental in the construction of more than TRIBUTE TO TOM J. DONOHO HON. SCOTT McINNIS 2,000 homes throughout New Jersey. OF COLORADO In 1994, Carl Goldberg left Bertram Associ- HON. CHARLES H. TAYLOR ates and founded the Roseland Property Com- IN THE HOUSE OF REPRESENTATIVES OF NORTH CAROLINA pany. Since its formation, Roseland has IN THE HOUSE OF REPRESENTATIVES Thursday, November 15, 2001 played a major role in the development of Thursday, November 15, 2001 Mr. MCINNIS. Mr. Speaker, I would like to company communities throughout the North- take this opportunity to recognize David Pol- east. Under Carl Goldberg’s guidance, Rose- Mr. TAYLOR of North Carolina. Mr. Speak- lard of Cedaredge, Colorado, and thank him land builds over 1,500 residential units a year. er, it is my honor to rise and commend one of for his contributions to the people of Kosovo. Currently, Carl Goldberg serves as a mem- Western North Carolina’s and Buncombe For the past year, David has been involved ber of the National Association of Home- County’s finest citizens, the late Tom J. with the ‘‘Youth With A Mission’’ organization builders and is the former President of the Donoho, ‘‘The big man with the big heart.’’ that helps people throughout the world by Community Builders’ Association. Tom passed away on November 6, 2001. He building homes and fostering relief projects in Today, I ask my colleagues to join me in was a personal friend of mine for many years, troubled areas around the world. honoring Carl Goldberg for his years of distin- and he will be sorely missed. David began his work with YWAM after guished service on behalf of New Jersey resi- Born in Greenville, South Carolina, Tom’s training in Trinidad, Colorado for several dents. family moved to North Carolina where he months. His first assignment was to be sent to f graduated from Biltmore High School in 1952. Kosovo as a member of the outreach team. HATE CRIMES IN AMERICA As an alumnus of Biltmore High School, sav- The team’s duties included building housing ing the school from destruction became a pet for families that have been displaced or lost SPEECH OF project of Tom’s in recent years. Last June the their homes in the recent conflict in Kosovo. HON. EDDIE BERNICE JOHNSON WNC Historical Association acquired the deed, Living with a host family, David contributed to and Tom sought my help for $300,000 for the OF TEXAS his team by providing the labor to construct ‘‘Biltmore School Museum,’’ which was pro- IN THE HOUSE OF REPRESENTATIVES these homes. David reached out further to the vided in the 2002 Interior Appropriation. communities by interacting with locals and Wednesday, November 14, 2001 After high school, Tom served in the United spreading moral messages based on the Bible Ms. EDDIE BERNICE JOHNSON of Texas. States Army and twelve years in the National and the Koran. Mr. Speaker, I want to rise to lend my voice Guard and Reserves. He was a man who David ended his first mission to Kosovo last to those who have spoken here today on the loved his country, his community, and his peo- summer. Since, he has returned to Trinidad issue of hate crimes directed toward those ple. Tom supported the East Asheville Youth and assisted in the training of more teams to who are Muslims, of middle eastern descent, Program for the past 47 years, giving freely of continue with YWAM’s mission. After his sec- or who are perceived as belonging to either his time, materials, labor and money to this ond round of training, he was instrumental as group. As Chairman of the Congressional program, not for recognition but because he a co-leader for a new team of volunteers and Black Caucus, I know that hate crimes are not loved young people. Together, Tom and his accompanied them back to Kosovo. Some new. They are as old as lynchings and as real wife Betty founded Asheville Electric forty people might say that two missions are as bombings. Racial, religious and ethnic mi- years ago, building it into a thriving business, enough in a place that has experienced such norities have been the victims of hate crimes of which Tom was President, employing about devastation and hardship for so long, but for a very long time in America and yet we all 35 people. David continues his assistance to Kosovo. He know that these acts of cowardice are rarely When the new Reynolds High School was is now planning to return to the country, on his punished, routinely ignored and the victims are built, it was Tom Donoho who offered to wire own, at his own expense. Once arriving, David often considered the cause of the horror the school, and he drove to Kansas to get the hopes to find work with relief organizations aimed at them. famous ‘‘Rocket’’—an Army surplus ‘‘Honest and continue his service to the people of I know that in other moments of crisis in this John’’ rocket—which he helped mount at the Kosovo. country, we have allowed fear to overcome entrance to the school and is the school’s Mr. Speaker, it is a great privilege to honor reason and official actions to lead to unfair mascot. Tom provided the lighting for the David Pollard and his contributions to a coun- deprivations. The internment of the Japanese school’s football and baseball stadiums. try in a time of need. Like other members of Americans, the treatment of the Native Ameri- Tom took an active part in politics in Ashe- ‘‘Youth With A Mission,’’ David has provided cans and the slavery and segregation of Afri- ville and Buncombe County. For many years his services without compensation. His volun- can Americans were all caused by the inter- he contributed to the campaigns of good men teering efforts are well appreciated and bring action of fear, hatred and official action. In the and women who ran for public office and great credit to himself, his family, and his com- new millennium, this country cannot afford to stood as a candidate for Asheville City Council munity. Thanks David. resort to old patterns of behavior. in 1989. He was well known for donning an f In my district, the day after the September apron and cooking at fundraisers for local can- 11th attack, there were reports of people who didates. IN HONOR OF CARL J. GOLDBERG shot into mosques in attempts to harm or ter- In addition to being a well-known business- rorize. At that time, I issued a call for calm man, Tom served two four-year terms on the HON. ROBERT MENENDEZ and reminded my constituents that this country Asheville Regional Airport Authority. During OF NEW JERSEY must never resort to vigilante violence. In the that time he served as vice-chairman, chair- IN THE HOUSE OF REPRESENTATIVES wake of the horror that has been visited upon man of the building and grounds committee, this country, we cannot allow ourselves to for- and employee relations committee. He was Thursday, November 15, 2001 get what it means to be an American. We also a Shriner with the Oasis Temple and a Mr. MENENDEZ. Mr. Speaker, I rise today must not forget that inclusion, diversity and re- member of the Biltmore Masonic Lodge, Ashe- to honor and pay tribute to Carl J. Goldberg. spect for all people regardless of race, reli- ville York Rite and the Asheville Scottish Rite. On Friday, November 16, 2001, Mr. Goldberg gion, gender, sexual orientation and national Tom married Betty Brittain 43 years ago, will be the Honoree at the Deborah Hospital origin is the cornerstone of America’s founda- they reared two children: Susan Donoho Mar- Foundation’s 15th Annual Children of the tion and the undergirding of our greatness. tin of Asheville and Daniel Woron of Florida.

VerDate 112000 06:26 Nov 16, 2001 Jkt 099060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A15NO8.025 pfrm04 PsN: E15PT1 E2090 CONGRESSIONAL RECORD — Extensions of Remarks November 15, 2001 Tom Donoho was a big man with an even ticular day and read from the Bible during HONORING UNITED PARCEL SERV- bigger heart. WNC and Buncombe County service, then unfortunately place it on a shelf ICE, FRESNO DISTRIBUTION CEN- have lost a very good friend and we will miss until the next attendance. However, daily read- TER him. I know that my colleagues will join me in ing of the Bible should be encouraged. It is a saluting this fine man and community leader. wonderful source of comfort, spiritual guid- HON. GEORGE RADANOVICH f ance, uplifting spirits, and the religious history OF CALIFORNIA HONORING NASA ADMINISTRATOR of our existence. From Genesis to Revela- IN THE HOUSE OF REPRESENTATIVES DANIEL GOLDIN tions, the Bible covers our moral laws, how to Thursday, November 15, 2001 receive salvation and the promise of ever- Mr. RADANOVICH. Mr. Speaker, I rise HON. DAVID L. HOBSON lasting life. It is truly our daily bread. today to honor United Parcel Service (UPS) OF OHIO Our great country was established on the and their Fresno employees for their dedica- IN THE HOUSE OF REPRESENTATIVES teachings of the Bible. The Pilgrims landed on tion to answering the needs of the local busi- ness community. Their hard work and ability to Thursday, November 15, 2001 our shores with the Bible in their hands. Our founding fathers were rooted in the Bible. adapt quickly have kept Fresno businesses Mr. HOBSON. Mr. Speaker, I rise today to Leaders from our first president to our present competitive with those in other areas. pay tribute to an outstanding public servant— UPS, which is the world’s largest package legislators quoted verses at speaking events. the outgoing NASA Administrator Daniel distribution company, transports more than 3 Goldin. In his nine years with the agency, Mr. The Bible contains an answer for every life sit- billion parcels and documents annually. Using Goldin has been instrumental in shaping all uation to help us cope and strengthen our re- more than 500 aircraft, 149,000 vehicles and aspects of NASA’s mission for the challenges solve. I strongly encourage everyone to read 1,700 facilities to provide service in more than of the 21st Century. He brought a welcome the Bible daily, and to begin during National 200 countries and territories, they have made new management style and instituted reforms Bible Week I congratulate the National Bible a worldwide commitment to serving the needs for NASA to operate ‘‘Faster, Better, and Association for its role in arousing interest in of the global marketplace. Cheaper.’’ Through these aggressive and in- the Holy Bible. Recently, UPS has added next-day ground novative management changes, NASA service to their delivery options out of their achieved a necessary balance between the f Fresno distribution center. The addition of this aeronautics and space programs. At the same service has opened the door for Fresno busi- time, Administrator Goldin made the safety of PAYING TRIBUTE TO THE STU- nesses. The ability to make ground deliveries the Space Shuttle and Space Station crews DENTS OF ROY MOORE ELEMEN- overnight gives Fresno businesses the same the top priority for our space missions. TARY SCHOOL advantage that Southern California businesses Mr. Goldin led the Shuttle Operations transi- have, next-day delivery. tion from an inefficient government bureauc- Mr. Speaker, it is my pleasure to honor the racy to a private contractor, which significantly HON. SCOTT McINNIS UPS Fresno Distribution Center for its commit- reduced the cost of human space flight. The ment to the financial prosperity of Fresno and OF COLORADO cost savings realized in human space flight the Central Valley. I urge my colleagues to operations allowed NASA to dedicate addi- IN THE HOUSE OF REPRESENTATIVES join me in wishing the UPS Fresno Distribution tional resources for science research and Center many more years of continued suc- aerospace technologies. This is a particular in- Thursday, November 15, 2001 cess. terest of mine since Glenn Research Center in Mr. MCINNIS. Mr. Speaker, I would like to f Cleveland, Ohio, has developed preeminent take this opportunity to recognize the students capabilities in aeropropulsion systems, aero- NATIONAL OSTEOPATHIC space power and electric propulsion, aero- of Roy Moore Elementary School of Silt, Colo- MEDICINE WEEK space communications, and combustion and rado and thank them for their dedication to fluids physics. helping the children of Afghanistan. The stu- HON. TED STRICKLAND As anyone who knows Dan Goldin will tell dents, led by their student council, have begun OF OHIO you, he is not afraid to lead and direct his em- efforts to raise money for America’s Fund for IN THE HOUSE OF REPRESENTATIVES ployees and his agency to higher levels of Afghan Children. They began their effort fol- Thursday, November 15, 2001 achievement. He has done so at NASA, and lowing President Bush’s call to help the Af- our aeronautics and space programs reflect ghan children caught in the current conflict. Mr. STRICKLAND. Mr. Speaker, November his drive for innovation. As a Member of the 11–17 is National Osteopathic Medicine Week, The students have been occupied with find- VA, HUD, and Independent Agencies Appro- a week when we recognize the more than priations Subcommittee, I have enjoyed work- ing the means to earn dollars and donate 47,000 osteopathic physicians (D.O.s) across ing with Administrator Goldin over the past money to the fund for some time. Several stu- the country for their contributions to the Amer- nine years, and wish him the best in his future dents have donated allowances, found chores ican healthcare system. This year, we cele- endeavors. to earn money and contributed from their sav- brate D.O.s commitment to preventative medi- f ings. The school has raised more than cine and end-of-life care. $200.00 for the children in Afghanistan. During National Osteopathic Medicine NATIONAL BIBLE WEEK (NOM) Week, D.O.s and patients celebrate The students of Roy Moore Elementary the benefits of preventative health care by HON. ILEANA ROS-LEHTINEN have shown great kindness and compassion looking at the simple things that can be done by their efforts. More importantly, they have OF FLORIDA to live healthier lives. As physicians who focus realized that the children in this conflict are not IN THE HOUSE OF REPRESENTATIVES on treating the whole person and not just their responsible for the attacks on this country and symptoms, the nation’s osteopathic physicians Thursday, November 15, 2001 that they too, are victims in this struggle. Their are dedicated to helping maintain health Ms. ROS-LEHTINEN. Mr. Speaker, I am in- efforts can act as a model for other schools through a whole-person patient-centered ap- deed honored and pleased to serve as Con- around the country participating in this worthy proach to healthcare. And, within that prin- gressional Co-chair for National Bible Week, endeavor. ciple, they recognize death as the legitimate November 18–25, 2001. As we celebrate an- Mr. Speaker, it gives me great pleasure to endpoint to the human lifecycle and respect other blessed day of remembrance, Thanks- the dignity and special needs of both patients recognize the students of Roy Moore Elemen- giving, we are to be thankful to be living in a and caregivers. country where the Holy Bible can be read and tary School for their efforts to such a noble During NOM Week, D.O.s everywhere will where we have the freedom to practice what cause. The students and faculty have brought explore multidisciplinary perspectives on end- the Bible teaches without fear of repression or great credit to themselves for dedicating their of-life care, the ethical debate of pain manage- punishment, and to worship as we believe. resources to those in need. As we all look for ment and ways to remove communications Our 4th Commandment commands us ‘‘Re- a way to help, Roy Moore Elementary de- barriers in the physician-patient relationship at member the Sabbath day, to keep it holy.’’ We serves the praise and admiration of this body end of life. Activities also educate Americans attend the church of our choice on that par- as we commend them for their contributions. about end-of-life care and related topics, such

VerDate 112000 06:26 Nov 16, 2001 Jkt 099060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A15NO8.028 pfrm04 PsN: E15PT1 November 15, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E2091 as advances in pain management, cultural economic impact the Newport News shipyard acquisition of the North Yard for its expansion. sensitivities toward final stages of life, organ had on his district and on the state of Virginia. As a senior lawmaker on the Committee on donation, advance directives, and end-of-life During his tenure, the shipyard added the area Merchant Marine and Fisheries, Tom had sig- care options and financing. known as the Northyard, making it easier and nificant expertise in maritime issues and For more than a century, D.O.s have made more cost-effective to build some of the larg- played a major role in crafting legislation. a difference in the lives and health of my fel- est ships in the world. On that Committee, he was a strong advo- low citizens in southeast Ohio and all Ameri- Congressman Downing is also remembered cate of building a strong and modem U.S. cans. Overall, more than 100 million patient nationally for his work following the assassina- Merchant Marine Service for this country’s na- visits are made each year to D.O.s. As fully li- tions of President John F. Kennedy and Martin tional security. Tom served as Chair of the censed physicians, D.O.s are committed to Luther King Jr. During the 94th Congress he Merchant Marine Subcommittee. As Chair, he serving the needs of rural and underserved served as the chairman of the select Com- presided over and helped to craft major legis- communities. That is why D.O.s make up 15 mittee on Assassinations. lation to overhaul and modemize the merchant percent of the total physician population in Finally, Congressman Downing made signifi- marines. The Merchant Marine Act of 1970 towns of 10,000 or less. cant achievements in strengthening and mod- was one of his signature pieces of legislation Osteopathic physicians are certified in near- ernizing the U.S. Merchant Marine Service. As and was designed to renovate the American ly 60 specialties and 33 subspecialties. They chair of the House Merchant Marine Sub- Merchant Navy by 1980. complete similar requirements set for M.D.s, committee he helped craft major legislation to In addition to his work on merchant marine and must complete and pass: four years of overhaul and modernize the merchant ma- issues on that Committee, he also played a medical education at one of 19 osteopathic rines. The Merchant Marine Act of 1970 was prominent role in crafting legislation that medical schools; a one-year internship; a a significant promotion of our national security sought to preserve the resources of our multi-year residency; and a state medical interests. oceans and waterways. He played a leading board exam. Throughout this education, D.O.s In short, Congressman Downing served the role in the implementation of the Ocean- are trained to understand how the musculo- Commonwealth of Virginia and the country Dumping Convention and in extending U.S. skeletal system influences the condition of all with distinction. Again, on behalf of the entire fishing rights to the 200 mile limit bill. He also other body systems. Many patients want this House, we would extend our condolences on played a role in crafting the Deep Water Port extra education as a part of their health care. his family and friends. Our nation, the state of Act as well as legislation on deep sea bed Individuals may call (866) 346–3236 to find a Virginia and the Tidewater Peninsula will truly mining. At the time of his retirement from the D.O. in their community. miss him. House, one of his colleagues called him the In recognition of NOM Week, I congratulate f ‘‘premier expert on the problems of the Na- the over 3,300 D.O.s in Ohio, the 416 stu- tion’s maritime commerce and its commercial dents at Ohio University College of Osteo- FORMER REPRESENTATIVE fisheries industry.’’ pathic Medicine (located in my district), and THOMAS N. DOWNING As the Chairman of the NASA Oversight the 47,000 D.O.s represented by the American Subcommittee of the then Space Science and Osteopathic Association for their contributions HON. ROBERT C. SCOTT Technology Committee, his interests in sci- to the good health of the American people. OF VIRGINIA entific research made him a national leader of f IN THE HOUSE OF REPRESENTATIVES the space effort. On that Subcommittee, he also represented the interests of NASA Lang- Thursday, November 15, 2001 ON THE PASSING OF FORMER VIR- ley Research Center located in Hampton, Vir- GINIA CONGRESSMAN TOM Mr. SCOTT. Mr. Speaker, I rise today to join ginia. DOWNING my colleagues in paying tribute to former Con- Tom Downing also made a gift to future gressman Thomas N. Downing. generations of Virginians and North Caro- HON. FRANK R. WOLF Tom represented Virginia’s First Congres- linians through his efforts to create the OF VIRGINIA sional District from 1959 to 1977. He rep- Assateague Island National Seashore Park IN THE HOUSE OF REPRESENTATIVES resented part of what is now the First and and the Great Dismal Swamp National Wildlife Third Congressional Districts, and part, at one Refuge. Thursday, November 15, 2001 time, of the Second. In the Ninety-Fourth Congress, his col- Mr. WOLF. Mr. Speaker, we honor today Tom began his public service career in the leagues called upon him to chair the promi- the memory of Thomas Downing, a former military. In 1940, he graduated from Virginia nent Select Committee on Assassinations that member of Congress from the Tidewater area Military Institute. From 1942 to 1946, he launched new investigations into the assas- of Virginia who died October 23 at the age of served as the troop commander of the Mecha- sinations of President John F. Kennedy and 82. I join with fellow members of the Virginia nized Cavalry with Third United States Army the Rev. Martin Luther King, Jr. He had been congressional delegation in honoring Tommy and commanded the first troops in the Third a leading critic of the Warren Commission and Downing, who represented the Tidewater Pe- Army to invade Germany. For his exemplary was the author of the 1976 legislation to re- ninsula for 18 years from 1959 to 1977. service involving the rescue of two of his men open investigation into both cases. Even While Congressman Downing’s record of during a reconnaissance operation in Northern knowing of his retirement, his colleagues could long public service and work in the House of France, Tom was awarded the Silver Star. think of no other Member who could have Representatives preceded most of today’s The citation accompanying the Silver Star served in that post with his ability and integrity Members, including myself, the impact and read in part ‘‘Captain Downing, without hesi- during the nation’s time of turmoil. achievements of his career will long be re- tation, and with utter disregard for his personal As the dean of the Virginia Delegation at the membered. I would like to say a few words safety, ran to the aid of his men among a hail time, Tom Downing helped to set the tone and today to acknowledge the career of this dedi- of bullets.’’ tradition of our delegation today. He consist- cated public servant. After his service in the military, Tom would ently sought and achieved joint action by A graduate of Virginia Military Institute, Con- return to school to earn his law degree from Members of the delegation, irrespective of gressman Downing, who was an Army cap- the University of Virginia. He practiced law in party affiliation, to deal with matters affecting tain, led an Army reconnaissance team in Hampton for 11 years and also served as a the entire State. Today, we still honor that tra- World War II. On August 11, 1944, his unit in substitute judge of the municipal court for the dition and work together as a delegation to northern France was ambushed by the Ger- City of Warwick prior to his election to the speak with one voice for Virginia’s interests. man troops. After the initial exchange of gun- Eighty-sixth Congress in 1958. He would Even after his lengthy service in Congress, fire, two of his troops were injured. Congress- serve eight succeeding Congresses with little Tom Downing continued his commitment to man Downing immediately rescued them, and opposition. While in Congress he was a mem- public service. He served on the Board of Visi- received the Silver Star, which said, ‘‘Captain ber of the Merchant Marine and Fisheries tors of the Virginia Military Institute from 1985 Downing, without hesitation and with utter dis- Committee and the Space Science and Tech- to 1993 and served as President of the Board regard for his personal safety, ran to the aid nology Committee. of Directors of The Mariners’ Museum. of his men among a hail of bullets.’’ During his career in Congress, he rep- Mr. Speaker, Tom Downing served in this Mr. Downing was first elected in 1958, and resented the Commonwealth and the First body as a true statesman and Virginia gen- is especially remembered for his dedication to Congressional District with distinction. He tleman. He was a good friend to everyone on his district, especially Newport News Ship- worked to ensure the future of Newport News the Virginia Peninsula and he will be sorely building. He recognized early on the great Shipyard and was instrumental in the yard’s missed.

VerDate 112000 06:26 Nov 16, 2001 Jkt 099060 PO 00000 Frm 00011 Fmt 0626 Sfmt 0634 E:\CR\FM\A15NO8.032 pfrm04 PsN: E15PT1 E2092 CONGRESSIONAL RECORD — Extensions of Remarks November 15, 2001 IN MEMORY OF FORMER U.S. REP- helped during his eight terms. Fiscally con- Peninsula, former Congressman of Virginia’s RESENTATIVE THOMAS DOWNING servative? Of course. Integrity? From head to First Congressional District, Tom Downing. toe. But it was the kindness of the man that Tom was a true gentleman and a great pa- HON. JO ANN DAVIS most recall about Tom Downing. He liked peo- triot. Representing the Peninsula in Congress OF VIRGINIA ple and vice-versa. . . .’’ from 1959 to 1977, he helped Newport News IN THE HOUSE OF REPRESENTATIVES His memory lives on in Tidewater’s strength Shipbuilding gain approval for expansion, and in the lives of those his service touched. which made it easier and more cost effective Thursday, November 15, 2001 Tom Downing will be missed, but not forgot- for the shipyard to construct some of the larg- Mrs. JO ANN DAVIS of Virginia. Mr. Speak- ten. est ships in the world. er, today I take the opportunity to honor the f Tom was also well known for his firm belief memory of former United States Representa- that Lee Harvey Oswald did not act alone in tive Thomas Downing, who passed away HONORING CONGRESSMAN assassinating President John Kennedy. He Tuesday, November 6, 2001. THOMAS DOWNING convinced Congress to open a second inves- Tom Downing was a strong and effective tigation into the death of the President. While representative of Virginia’s First District, and HON. EDWARD L. SCHROCK he retired before the panel began its work, served the people well. He was a true friend OF VIRGINIA Tom remained convinced until his recent of the military and an American patriot, Tom IN THE HOUSE OF REPRESENTATIVES death that the footage on the Zapruder film was loved by both Democrat and Republican held the answers. Thursday, November 15, 2001 alike. His passion was not about partisan poli- Born in Newport News, Virginia on February tics—it was about Virginia, and he served the Mr. SCHROCK Mr. Speaker, I rise today to 1, 1919, Tom was a graduate of Newport Commonwealth well. join my colleagues in honoring, the life of Con- News High School, received a B.S. degree Mr. Speaker, it is a great honor to represent gressman Thomas Downing. Congressman from Virginia Military Institute and a law de- the First District, which Tom did admirably with Downing served Virginia’s First District as a gree from the University of Virginia. He served class, passion and an unyielding love for member of this body from 1959 to 1977, and in World War II as a combat troop commander country. Representative Downing will be re- represented parts of the peninsula and the of Mechanized Cavalry with Gen. George Pat- membered not only for his service in Con- Eastern Shore that will soon become part of ton’s Third U.S. Army and commanded the gress, but for his devoted military service as Virginia’s Second Congressional District. first troops in the Third Army to invade Ger- well. Congressman Downing brought with him to many. He received a Silver Star for gallantry A true war hero, Tom will be missed, but we Congress a keen, first-hand knowledge of the in action in France when his unit was am- will never forget his contributions to Virginia, military and the need for readiness. He was a bushed by a German patrol. He rescued two and to our nation as a whole. decorated veteran and hero, having com- of his men who were wounded during the ini- f manded some of the first troops to invade tial exchange of gunfire. Germany. He was awarded the Silver Star for Tom Downing was re-elected to Congress IN MEMORY OF VIRGINIA CON- saving two of his companymen after an am- eight times, with little trouble and often unop- GRESSMAN THOMAS N. DOWNING bush by German troops. posed. During his tenure in Congress, Tom During his service in Congress, he used this recognized more than anyone the great eco- HON. J. RANDY FORBES knowledge of the military to help create a mili- nomic impact the Newport News shipyard had OF VIRGINIA tary more prepared for combat. He helped on his district. He twice considered running for IN THE HOUSE OF REPRESENTATIVES Newport News Shipbuilding expand and build higher office—U.S. Senate in 1966 and gov- the North Yard, which allowed them to build Thursday, November 15, 2001 ernor a few years later—but decided against larger ships and to allow for a stronger and both. This body benefited greatly from those Mr. FORBES. Mr. Speaker, I rise today to more prepared American Navy. decisions. join my colleagues in honoring the memory of Congressman Downing is perhaps best Mr. Speaker, I mourn the recent loss of our a former Member of Congress and pivotal known for his work following the assassina- friend and former colleague. Tom lived his life Tidewater politician, Thomas N. Downing. tions of President John F. Kennedy and Dr. with exuberance and passion for serving his Congressman Downing represented Tide- Martin Luther King. During the 94th Congress, beloved Virginia. He was a true leader on be- water Virginia for eighteen years. He was well- he served as the Chairman of the Select Com- half of all Virginians and Americans. known for his affability with his colleagues and mittee on Assassinations. His own curiosity in f his tenacity in representing his constituents. In the matters fueled a vigorous investigation and particular, he was a staunch supporter of numerous new theories to explain the cir- TRIBUTE TO EDWARD S. Newport News Shipbuilding, which was and is cumstances surrounding President Kennedy’s GRYCZYNSKI a cornerstone of the Tidewater economy and assassination. of our nation’s military readiness. It was Tom Following his retirement from the House, HON. BOB STUMP Downing’s support and assistance that helped Congressman Downing continued to serve the OF ARIZONA to expand and improve that company’s ability Commonwealth of Virginia and our nation, as IN THE HOUSE OF REPRESENTATIVES to contribute so much to national defense and a member of the Board of Visitors for his alma Thursday, November 15, 2001 local jobs. mater, the Virginia Military Institute, and as His interest in Newport News Shipbuilding President of the Board of Directors of the Mr. STUMP. Mr. Speaker, I rise today to was far more than parochial, it was patriotic. Mariners’ Museum. pay tribute to an exceptional leader and Amer- Tom Downing was a graduate of Virginia Mili- Throughout his life and during his service as ican Patriot, LTC Edward S. Gryczynski, U.S. tary Institute (VMI), a decorated veteran of a member of this House, Congressman Thom- Army, Retired, in recognition of an outstanding World War II, and a patriot in the truest sense as Downing was a true public servant and a career in service to his country. of the word. He graduated from VMI in 1940 great Virginian. Our nation, the Common- LTC Gryczynski has a truly distinguished and four years later was commanding mecha- wealth, and Hampton Roads will all miss him. record, including over 22 years of commis- nized cavalry troops and Army reconnaissance f sioned service in the U.S. Army uniform, during the liberation of France and sweep which certainly merits special recognition on across Germany. Tom Downing’s personal THE PASSING OF FORMER VIR- the occasion of his retirement from his position bravery in rescuing two of his men who were GINIA CONGRESSMAN TOM as Director of Personal Affairs for The Retired injured during a German ambush earned him DOWNING Officers Association. the Silver Star. He entered the Army in June 1961 through His legacy in Congress is no less impres- HON. TOM DAVIS LaSalle College’s ROTC Program and was sive. Newport News Daily Press summed his OF VIRGINIA commissioned as a second lieutenant in the service in these hallowed halls up best: ‘‘[In IN THE HOUSE OF REPRESENTATIVES Air Defense Artillery. In 1965, he transferred to Congress] he truly hit his stride. He was a nat- the Adjutant General Corps and was inte- ural. Few congressmen have served their con- Thursday, November 15, 2001 grated in the regular Army in 1966. stituents better. Just ask the shipyard. Or Mr. TOM DAVIS of Virginia. Mr. Speaker, I Colonel Gryczynski served in a variety of NASA. Or the watermen. Or any of thousands rise today to pay tribute to a gracious friend positions in the administrative and personnel of individuals and institutions that Mr. Downing and champion of the citizens of the Virginia management fields, including assignments as

VerDate 112000 06:26 Nov 16, 2001 Jkt 099060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A15NO8.035 pfrm04 PsN: E15PT1 November 15, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E2093 instructor and course director at the Army’s Mankind has waged many types of war— buck, Chapman S. Root, Harold Routzong, Adjutant General School at Fort Benjamin Har- wars fought for land, wars fought for superi- Gilmer D. Sadler, Angus S. Schmelz, Donald rison, Indiana. His staff assignments included ority, wars fought for riches, wars fought for J. Schneider, Lawrence E. Sellers, Eli tours as administrative officer in the Defense independence. Most wars only impact the op- Seplowitz, Robert W. Sheffield, Joseph A. Intelligence Agency, Chief of Military Per- posing forces and are often not remembered Shelley, Svend T. Simonsen, Raymond L. sonnel at Aberdeen Proving Ground, Maryland long in history. Some wars, however, are of Simpson, Donald G. Smith, John I. Smith, and Chief of Administrative Services and Ex- such magnitude that they change the course Wilbert H. Snively, Frank D. Snyder, Phil ecutive Officer at Supreme Headquarters Al- of history. These wars are usually fought be- Spivack, Ellwood P. Stake, Earl N. Steinmetz, lied Powers Europe (SHAPE), in Belgium. He tween good and evil. The heroes, who fought William H. Stewart, John R. Stokes, Sr., served two tours in Vietnam, first as Chief of World War II, fought such a war. Without vic- James H. Trott, Thomas H. Ursry, Theodore Administrative Services at Cam Ranh Bay and tory for the Allies, the world, as we know it, H. Voll, Charles L. Webster, Thomas F. Wil- later as a personnel staff officer at Head- would be a much different place. son, Harold W. Wright, Linville F. Young. quarters, U.S. Army, Vietnam. There is no doubt that the Normandy Inva- f In 1975, the Army selected him for full-time sion was a turning point in World War II. The graduate study at Ball State University, where Normandy veterans from the Fourth Congres- FISCAL YEAR 2002 VETERANS AF- he earned a masters degree in journalism and sional District were there, but, perhaps, at the FAIRS/HOUSING AND URBAN DE- public relations. He next served as editor of time they did not know they were changing the VELOPMENT AND INDEPENDENT the Defense Management Journal, an official course of history. These heroes were busy AGENCIES APPROPRIATIONS ACT publication of the Department of Defense. He fighting, watching their brothers perish and is also a graduate of the Adjutant General Of- surviving to fight another day. And like the title HON. JAMES H. MALONEY ficer Advanced Course, the Army Personnel of the Stephen Ambrose book, they were ‘‘Cit- OF CONNECTICUT Management Staff Officer Course, and the Na- izen Soldiers’’. Professional soldiers designed IN THE HOUSE OF REPRESENTATIVES the battle plan but it was implemented by tional Security Management Course of the In- Thursday, November 15, 2001 dustrial College of the Armed Forces. His mili- thousands of citizen soldiers. The Battle of tary decorations include the Defense Superior Normandy was the ultimate in on-the-job train- Mr. MALONEY of Connecticut. Mr. Speaker, Service Medal, Legion of Merit, Bronze Star ing. It was a simple plan: attack and push the I rise today in support of the Fiscal Year 2002, with oak leaf cluster, Defense Meritorious Germans back. The how was left up to those VA/HUD appropriations bill. The Appropria- Service Medal, the Army Meritorious Service soldiers in battle. I am sure that each Nor- tions Committee has put together a bill that is Medal and the Army Commendation Medal. mandy veteran has a story that speaks vol- truly bipartisan. I am proud to rise in strong At the time of his military retirement in Feb- umes about bravery, ingenuity and drama. support of this measure which funds such im- ruary 1985, LTC Gryczynski was Chief of Re- It was in honor of these veterans that I was portant priorities as veterans health care and tired and Veterans Activities Division in the of- pleased to launch the Jubilee of Liberty Pro- benefits, needed housing initiatives, and key fice of the Adjutant General, Department of gram this past summer. Since that time, ap- environmental programs. This measure also the Army. In this position he was responsible proximately ninety veterans of the 1944 Nor- provides resources to assist state and local for policy development and execution of the mandy Invasion have been identified to re- governments with infrastructure improvement Army’s Retirement Services Program. ceive this medal and we had the privilege of and economic development needs. Since becoming the Director of Personal Af- having seventy—nine of these brave men with The Central Naugatuck Valley in my district fairs for The Retired Officers Association, LTC us for our ceremony. has been undergoing a major water/sewer in- Gryczynski has worked tirelessly and traveled The medal we presented honors that coura- frastructure upgrade. I am pleased that under hundreds of thousands of miles to counsel geous effort. The Normandy medal was origi- the State and Territorial Assistance Grant Pro- tens of thousands of military retirees, vet- nally minted at the direction of the Regional gram, $485,000 has been appropriated for this erans, family members and survivors of those Council of Normandy and the Governor of much needed purpose. in the armed forces. His professional coun- Normandy, was first presented to D-Day vet- The City of Waterbury, which operates the seling concerning their entitlements and bene- erans who returned to France for the 50th an- hub of the region’s sewer system, has been fits of military service has assisted those niversary of the Normandy Invasion. burdened by the majority of the cost for these groups tremendously. Mr. Speaker, in closing I would like to com- improvements. Therefore, $260,000 (of the Mr. Speaker, Ed Gryczynski’s long and dis- mend the following men for their service to our total $485,000) will go to the City of Waterbury tinguished career in service to his country and country during the Battle of Normandy: Joseph for wastewater infrastructure improvements in- to the men and women of America’s Uni- J. Accardi, Edgar G. Aid, Harold V. Aiken, cluding the cost of the new sewage treatment formed Services and their family members is Frank E. Alexander, Henry A. Baughn, Joseph facility in the City which new funds, together admirable and is to be highly commended. H. Beekers , Ellsworth G. Beer, Richard M. with the $750,000 made available through the Our best wishes go with him for a long and Behan, John W. Bier, Edward T. Binns, Jr., FY 2001 VA/HUD Appropriations Act, are to fruitful second retirement. He has earned our Carl Bishop, Louie M. Blocker, Michael A. be used so as to lower the sewer rates heartfelt gratitude, and our salutes. Bondanza, George G. Borcherding, Ian R. charged to system customers. Bourdo, Forrest V. Brewer, Harry J. Buffone, f The Town of Wolcott, Connecticut is par- Santo N. Cascia, Paul W. Caudill, Nicholas M. tially served by the water system of the City of FOURTH CONGRESSIONAL DIS- Celona, Ashley D. Clemmons, Robert K. Clif- Waterbury. However, the Clinton Hill Road TRICT NORMANDY MEDAL OF ton, James M. Cooper, Jr., Milton A. neighborhood of Wolcott relies on well water THE JUBILEE OF LIBERTY PRO- Cunningham, Willie B. Douglass, Raymond Q. and septic systems for their water needs. This GRAM Ellis, John J. Field, James H. Gaff, Chester F. area of town has been experiencing well fail- Galbraith, Edward C. Gandy, Eugene Gaskins, ures and contamination. Under this legislation, HON. ANDER CRENSHAW Patrick F. Gavin, Howard F. Gottwals, Edward the Town on Wolcott will receive $125,000 (of OF FLORIDA V. Grant, Frank A. Griffen, Jr., Herbert E. Grif- the total $485,000) towards the extension of IN THE HOUSE OF REPRESENTATIVES fin, Gilbert J. Grout, Jack R. Guest, Jack Hall, the water distribution system to the Clinton Hill Karlob A. Hanson, Charles H. Hardman, Leslie Road neighborhood, together with $250,000 Thursday, November 15, 2001 F. Hart, Darrell D. Hilliker, Lloyd R. Hoffman, made available through the FY 2001 VA/HUD Mr. CRENSHAW. Mr. Speaker, last week- Raymond D. Hoffman, Forrest W. Howell, Appropriations Act. end I had the honor of recognizing Normandy Henry H. Hull, Robert L. Jennings, Chester E. The Town of Middlebury is served by dan- veterans, who reside in Florida’s Fourth Con- Johns, John W. Johnson, LeGrand K. John- gerously inadequate rock wells. In 1999, sev- gressional District, with the special Jubilee of son, Martin L. Johnson, John J. Kelly, Ray- eral of the town wells went dry and MTBE Liberty medal during a ceremony at Naval Sta- mond J. Kotchkowski, Charles B. Lane, War- contamination was discovered. The town has tion Mayport. den S. Lee, Esse E. Lewis, L.V. Lewis, Wilmer already secured significant state funds to ex- The Saturday, November 10, 2001 cere- E. Mann, Harold E. McFee, John Milko, Wil- tend a twelve-inch water main to the affected mony I hosted carried special significance liam H. Miller, Hubert C. Mott, John W. Nich- area of the town. $100,000 (of the total since it was Veterans Day weekend and also ols, Morton H. Parks, Annest Partozes, John $485,000) will go to the Town of Middlebury to in light of the fact that we have another set of C. Posluszny, William B. Pou, Sr., Ralph L. help complete their project. brave American service members fighting the Powers, Richard B. Rayl, Henry T. Richard- Finally, I would like to also point out that war on terrorism across the globe. son, Robert L. Richardson, Teaford R. Roe- $100,000 has been appropriated for the City

VerDate 112000 06:26 Nov 16, 2001 Jkt 099060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A15NO8.040 pfrm04 PsN: E15PT1 E2094 CONGRESSIONAL RECORD — Extensions of Remarks November 15, 2001 of Derby to assist with the restoration of the CONFERENCE REPORT ON H.R. 2500, their papers filed properly, or even at all, by historic Sterling Opera House. Built in 1889, DEPARTMENTS OF COMMERCE, unscrupulous individuals purporting to be im- the Sterling was the first structure in Con- JUSTICE, AND STATE, THE JUDI- migration lawyers. necticut to be placed on the National Register CIARY, AND RELATED AGENCIES Many members, including myself and the of Historic Places. Today, the Opera House is APPROPRIATIONS ACT, 2002 membership of Congressional Hispanic Cau- cus, believe that Congress should pass a per- suffering from 35 years of neglect. The State SPEECH OF manent extension Section 245(i). While some of Connecticut and the City of Derby have al- may disagree with this view, it is clear that ready committed a substantial sum of money HON. LUCILLE ROYBAL-ALLARD OF CALIFORNIA some sort of extension is long overdue. Presi- to begin this restoration. The money in this bill IN THE HOUSE OF REPRESENTATIVES dent Bush, the AFL–CIO and the U.S. Cham- will help the City to restore the Sterling Opera ber of Commerce have all publicly supported House to its original grandeur. Wednesday, November 14, 2001 an extension of this important provision. Mr. Speaker, I am pleased today to support Ms. ROYBAL-ALLARD. Mr. Speaker, I rise The Senate passed a compromise exten- in support of H.R. 2500, the Commerce, Jus- sion of 245(i) more than 2 months ago, and this measure not only because of what it tice, State and Judiciary Appropriations Con- the House was set to vote on this legislation means to my District, but also for what it ference Report. I’d like to thank our Chairman, on September 11th. It is my sincere hope that means to America’s veterans, our environ- FRANK WOLF, and our Ranking Member, JOSE the leadership of the House will re-schedule a ment, and those who receive vital housing as- SERRANO, for putting together such a fair con- vote on this critical legislation as soon as pos- sistance in order to partake in the American ference report under the significant funding sible. I look forward to working with Chairman Dream. constraints faced by the Committee. WOLF and Ranking Member SERRANO to en- As my colleagues know, one of the most sure that an extension of 245(i) is passed be- f critical functions of this bill is to provide re- fore Congress adjourns for the year. sources for our law enforcement to assist Mr. Speaker, having expressed my concern CONGRATULATING DR. VINCENT them in enforcing the laws of our nation and about the omission of section 245(i), let me PETRUCCI keeping our citizens safe. The CJS bill con- now focus on some of the positive aspects of tains the majority of funding for federal law en- the bill and why I will support it. For example, forcement personnel, and funds critical grant I am very pleased that the conference com- HON. GEORGE RADANOVICH programs which get the resources out to the mittee was willing to provide funding for a vari- local law enforcement agencies which work so ety of initiatives and projects that are of impor- OF CALIFORNIA hard to keep our communities safe. tance to Los Angeles and California. IN THE HOUSE OF REPRESENTATIVES While we know that additional resources will The Los Angeles Conservancy works with a be needed in the future, the bill provides sig- variety of community interest groups and de- Thursday, November 15, 2001 nificant funding to make sure that our federal velopers on rehabilitation and restoration Mr. RADANOVICH. Mr. Speaker, I rise law enforcement agencies, such as the Fed- projects. The funding in this bill will assist the today to honor Dr. Vincent Petrucci for receiv- eral Bureau of Investigation, the Drug Enforce- L.A. Conservancy with their renovation of his- ment Agency, the Immigration and Naturaliza- toric St. Vibiana’s Cathedral. In addition, the ing the 2000 Agriculturist of the Year Award. tion Service and the Border Patrol, have ade- conservancy’s Broadway Redevelopment The award is given by the Greater Fresno quate funding to do their jobs in light of the project will rehabilitate a number of theaters in Area Chamber of Commerce to an individual tragic events on September 11th. I am particu- the historic area of Los Angeles. Both projects who exemplifies leadership and integrity in larly pleased that the bill provides important, fit into an exciting downtown redevelopment California’s Central Valley agricultural busi- much-needed increases for the Immigration plan that is strengthening the economic foun- ness community. and Naturalization Service, including an in- dation of this once neglected area of down- Dr. Vincent Petrucci, a native of California, crease in the number of border patrol agents town Los Angeles. In addition to economic development fund- studied at U.C. Davis where he earned a BS and INS inspectors, while at the same time dedicating an additional $45 million above ing, I am also pleased by the number of degree in pomology and a MS degree in horti- base funding in order to tackle the existing projects that have been included to help our culture. In 1994 he was honored with an hon- backlog in the processing of immigration nation’s kids through the Department of Jus- orary degree of Doctor of Science by Cali- cases. tice’s juvenile justice programs and commu- fornia State University, Fresno (CSUF). While I am pleased with the overall bill, I am nity-oriented police (COPS) programs. In Los During his 45-year tenure at CSUF, he de- disappointed that the Senate provision perma- Angeles, several groups that are working with veloped the viticulture and enology programs nently extending Section 245(i) of the Immi- teenagers will receive support for their prom- at Fresno State, including the curriculum and gration and Nationality Act was not included in ising efforts. The East Los Angeles Commu- the final conference report. facilities. Dr. Petrucci has served as a consult- nity Union (TELACU) operates a family-based 245(i) allows certain eligible immigrants to gang violence prevention program, Project ant to more than 34 different grape-growing apply for green cards in the United States, JADE—the Juvenile Assistance Diversion Ef- countries around the world, including the rather than returning to their home countries to fort—is a well-regarded community-based or- former Soviet Union and the People’s Repub- apply. Without Section 245(i), people fully eli- ganization working to expand its juvenile crime lic of China. He has participated in the Inter- gible for green cards will be forced to return to prevention program. Para Los Nin˜os provides national Office of the Wine and Grape (O.I.V.) their countries of origin and barred from re- intervention for first-time juvenile offenders and has served as vice president of the Inter- turning to the United States for up to ten and their families, including after-school pro- national Group of Experts on Raisins and years—ripping families apart and causing grams for at-risk youth. Another program in- Table Grapes for O.I.V. many employers to lose qualified and well- cluded in our bill is LA’s Best, a nationally rec- trained employees. The issue is not whether ognized afterschool program which operates in Dr. Petrucci’s multiple awards include the these immigrants are eligible for legal resi- schools throughout the city of Los Angeles. CSUF Outstanding Professor Award, the Nico- dence, nor when they can adjust, but rather I was also pleased to work in cooperation las Salgo Outstanding Teacher Award, the from where they can apply to become perma- with Governor Davis and Republican and 1981 Wines and Vines Man of the Year nent U.S. residents. Democratic members of the California delega- Award, the 1990 California Restaurant Asso- As my colleagues know, the LIFE Act, which tion to acquire funding for other projects of re- ciation Lifetime Achievement, and the Distin- passed last year, provided a window of just gional and statewide importance. guished Achievement Award of U.C. Davis. four months for people to file applications with One of the proudest achievements of the the INS or Department of Labor. For various California delegation is a project that honors Mr. Speaker, I rise to congratulate Dr. Vin- reasons, thousands of qualified immigrants the longtime service on the Commerce-Jus- cent Petrucci on his 2000 Agriculturist of the were unable to benefit from this short exten- tice-State Subcommittee of our late colleague, Year Award. I ask my colleagues to join me in sion by the April 30th 2001, deadline. In the Julian Dixon. Funds are provided to assist congratulating Dr. Petrucci and wishing him rush to apply, many eligible applicants had Julian’s law school alma mater, Southwestern many more years of continued success. their files returned by the INS because of University School of Law, with construction of technical mistakes after the deadline expired. its state-of-the-art Julian Dixon Courtroom. In addition, many immigrants did not have The courtroom will facilitate the teaching of

VerDate 112000 06:26 Nov 16, 2001 Jkt 099060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\A15NO8.043 pfrm04 PsN: E15PT1 November 15, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E2095 advocacy and litigation skills. It will also pro- Commerce-Justice-State-Judiciary Sub- ture or religion that may be different than vide Southwestern, which serves a significant committee this year on the wide variety of pro- yours. We should all attempt to learn more populace of minority law students, with a com- grams and agencies within our jurisdiction. about and appreciate the multitude of cultures munity resource for jurists and lawyers. The Our work is a constant balancing act, but I be- that surround us every day, and I am so university has committed to a better than one lieve a good balance has been achieved. I pleased that the citizens of San Luis Obispo to one match for the federal funding. urge support of the conference report. County have taken the initiative in creating this Mr. Speaker, there are not many issues f wonderful Day of Understanding. where 100 percent of the diverse 52-member f California House delegation come together, CONDOLENCES TO BETRU FAMILY but support for the State Criminal Alien Assist- RECOGNIZING TEDD RICHARDSON ance Program is one of them. A united and HON. DIANE E. WATSON FOR HIS CONTRIBUTIONS unanimous delegation is responsible for see- OF CALIFORNIA ing that $565 million was provided for this im- IN THE HOUSE OF REPRESENTATIVES HON. SILVESTRE REYES portant program that reimburses California and Thursday, November 15, 2001 OF TEXAS other impacted states for the costs associated IN THE HOUSE OF REPRESENTATIVES with incarcerating illegal aliens. Ms. WATSON of California. Mr. Speaker, as Several other California projects also re- a fellow American, I extend my deepest sym- Thursday, November 15, 2001 ceived attention. The California Center for In- pathies and condolences to Yeneneh Betru’s Mr. REYES. Mr. Speaker, I rise today to tegrative Coastal Research, CI–CORE, is a friends and family, as well as the numerous recognize an important member of the El Paso new research initiative pulling together the and untold victims of the tragedies that oc- community. strengths of several California State University curred on September 11th. Dr. Betru was Mr. Tedd Richardson, an El Paso business- campuses, including San Jose, San Francisco, aboard the American Airlines Flight 77 bound man, is well known around the city for his gra- Hayward, Monterey Bay, San Luis Obispo, from Washington Dulles Airport to Los Ange- cious contributions to the under-served. He Sacramento, Long Beach, Los Angeles, and les which crashed into the Pentagon. conducts an annual Christmas dinner to serve San Diego. With the increased burden placed A native of Ethiopia who was raised in the less fortunate and he has currently ex- upon California’s coastal resources due to ag- Saudi Arabia, Yeneneh Betru came to the panded his Christmas tradition to my home riculture, industry and urban development, bet- United States for an education. ‘‘Ever since he community of Canutillo. Mr. Richardson re- ter understanding of the oceans and our was a little kid, he always wanted to be a doc- cently toured the Bill Childress Elementary coastal region is imperative in making in- tor’’ said his brother Sirak, ‘‘he always wanted School in Canutillo. He was so impressed by formed commercial, recreational and environ- to help people.’’ Yeneneh realized his dream the progress of their school grounds improve- mental policy decisions. CI–CORE will provide before his life tragically ended. Dr. Betru was ment project that he made a generous dona- timely, indispensable and appropriate environ- a pioneer in the hospitalist movement and he tion to help fund and further the progression of mental data to regulatory agencies that are re- personally trained hundreds of hospitalists. His the project. sponsible for the development and enforce- passion and legacy was a project distributing Mr. Richardson also vowed to help raise the ment of management policies. dialysis equipment to Ethiopia. $19,000 necessary to complete the project, The University of California’s textile re- May we honor his legacy and cherish his and in addition has challenged other local search program will receive funding and des- memory forever and always. businesses and individuals to match his con- ignation as one of the member institutions of f tributions. This project is empowering students the National Textile Consortium (NTC). Cali- and is teaching a life lesson in the importance fornia is the leading manufacturer of apparel in HONORING A DAY OF of civic responsibility. Mr. Richardson has the U.S. and is the largest employer in the ap- UNDERSTANDING promised to continue working hand-in-hand parel and textile trade, yet until now, no Cali- with the Bill Childress Elementary School. fornia university was included in the NTC. The HON. LOIS CAPPS Mr. Tedd Richardson is an exemplary cit- inclusion of its research program, whose OF CALIFORNIA izen. He believes in helping people to help strengths include polymer science, fiber me- IN THE HOUSE OF REPRESENTATIVES themselves. I believe that Tedd Richardson is chanics, fabric performance, and fashion the- Thursday, November 15, 2001 a model citizen who insists that his contribu- ory, is long overdue. tion to his community be more than average. The California Spatial Reference Center at Mrs. CAPPS. Mr. Speaker, today I would His dedication to education and establishing a Scripps Institute will also receive special atten- like to acknowledge Sunday, November 18, future for El Paso children has not only made tion. The center’s research and activities sup- 2001 as a Day of Understanding. In a society him an individual of distinction, but has also port an accurate spatial reference system in where so many diverse ethnicities and beliefs earned him a special place in the minds of California that is integral to decision-making by coincide with each other every day it is impor- families and schools all over the city. I am policy-makers at the local, state and federal tant that we take the time to realize and ap- proud to recognize Mr. Richardson, and hope level. As California faces significant seismic preciate all the different cultures that are rep- the model of his citizenship reflects in all peo- and geologic activity each year, an up-to-date resented throughout the United States. ple around El Paso. spatial reference system is central to our abil- The County of San Luis Obispo in California f ity to perform environmental monitoring, man- has resolved that November 18th be recog- age our civil infrastructure, and respond ap- nized as a Day of Understanding, in order to HONORING WAYNE BEMIS propriately to emergencies of all kinds. promote understanding among many different And finally, a modest amount of funding is faiths. As a nation, we need to take this op- HON. GEORGE RADANOVICH provided to support the Central California portunity to listen and learn about one an- OF CALIFORNIA Ozone Study. This study is being conducted to other’s faiths, and attempt to understand dif- IN THE HOUSE OF REPRESENTATIVES understand the relative role of local emissions ferent cultures and practices. Thursday, November 15, 2001 and transported pollutants on air quality. The Religious intolerance and lack of under- study is a collaborative effort by the California standing has long contributed to wars between Mr. RADANOVICH. Mr. Speaker, Mr. Air Resources Board, local governments, and different groups throughout the history of man- Speaker, I rise today to pay tribute to Wayne industry, and has already received over $8 kind. It is time to recognize and appreciate Bemis on the occasion of his retirement as million in state and local contributions. In light cultural differences instead of condemn and Forestry Instructor at Reedley College. of the change in federal air quality standards remain ignorant about them. In a free society, Mr. Bemis was born in New Hampshire. At for ozone, the deregulation of utilities in bring- peoples of divergent faiths should endeavor to the age of eight, he and his family moved to ing new power generation to California, and understand and respect one another’s different San Diego, California. In 1953, he graduated the on-going process of developing State Im- religious and spiritual heritages, beliefs, hopes from Grossmont High School. After completing plementation Plans for air quality, the Central and dreams, and it is my hope that by ac- a two-year forestry program at Lassen Junior California Ozone Study is a vital ingredient to knowledging the Day of Understanding we are College, he enrolled at California State Univer- ensure the cleanest air possible for all Califor- taking the first step in making this possible. sity, San Diego. He interrupted his college nians. I encourage you to pause this Sunday, No- education for two years when he joined the I have enjoyed working with our chairman, vember 18, and take the time to ask a neigh- Army, where he served at Fort Bliss, Texas. ranking member and all the members of the bor, friend, or co-worker about his or her cul- After proudly serving his country in the U.S.

VerDate 112000 06:26 Nov 16, 2001 Jkt 099060 PO 00000 Frm 00015 Fmt 0626 Sfmt 9920 E:\CR\FM\A15NO8.046 pfrm04 PsN: E15PT1 E2096 CONGRESSIONAL RECORD — Extensions of Remarks November 15, 2001 Army, Bemis continued his college education FOOD RATIONS, CLUSTER BOMBS end up scattered across the ground, waiting and graduated in 1963. He then enrolled at AND NATION BUILDING IN AF- for a farmer to plow it, a child to play with it, California State University, Humboldt, where GHANISTAN or an unknowing hungry mother to pick it up. he earned a Masters Degree in Forest Man- As a United Nations mine clearance expert agement. HON. CYNTHIA A. McKINNEY noted ‘‘it is highly likely that many in Afghani- After completing his formal education, Mr. OF GEORGIA stan will not know the difference between aeri- Bemis served the U.S. Forest Service for 12 IN THE HOUSE OF REPRESENTATIVES ally delivered food aid and aerially delivered years as a firefighter, professional forester, Thursday, November 15, 2001 munitions.’’ and silviculturalist. His 12 years with the U.S. Ms. McKINNEY. Mr. Speaker, today we But, Mr. Speaker, the situation in Afghani- Forest Service provided Wayne with a variety stan only gets worse. It is estimated that 724 of valuable on-the-ground experiences that he have been bombing Afghanistan for one month. During that time, we have also million square meters of land in Afghanistan went on to share with students at Reedley are tainted with landmines. Unexploded cluster College. During his teaching career at Reedley dropped about 1.1 million humanitarian daily bomblets will only expand this area, undoubt- College, he developed an outdoor laboratory rations. I find it unfortunate that, from the en- edly to include farms, villages and holy sites. at Sequoia Lake, where thousands of forestry tire spectrum of colors, both the cluster Further, winter is coming soon in Afghanistan, students have received their first practical ex- bomblets and the food rations we are dropping and as snow falls in the mountains, cluster perience in the woods. The program he devel- are bright yellow. Though recent reports from bomblets will become buried and frozen, si- oped uses Reedley College Forestry students the Pentagon stated that the food rations to manage the forest resource for the YMCA. would be changed to blue packages, appar- lently waiting for an unexpecting civilian or al- ently this color will not work either. Radio lied soldier to walk by. Wayne and his wife, Pat, have one son, broadcasts from our psychological operations Scott. It is no surprise that Human Rights Watch planes that are trying to explain the color dis- Mr. Speaker, it is my honor to pay tribute to has called for a global moratorium on the use crepancy because many Afghans neither hear of cluster bombs. They realize that Wayne Bemis for his dedicated public service the broadcast nor trust them, will not solve this and distinguished teaching career over the unexploded cluster bombs become in effect problem. I can only hope that the Pentagon landmines. A recent report by the group finds past 38 years. I urge my colleagues to join me will soon find a solution, before innocent Af- in wishing Wayne Bemis a pleasant retirement that cluster bombs ‘‘have proven to be a seri- ghan children try to pry open a cluster bomb, ous and long-lasting threat to civilians, sol- and many more years of continued happiness. hoping to cure their hunger but killing them in- diers, peacekeepers, and even clearance ex- stead. perts, because of the high initial failure rate of f There are many problems associated with the bomblets, because of the large number TRIBUTE TO DR. LEE HARTWELL this war, and they go far beyond the similar color of food rations and cluster bombs. typically dispersed over large areas, and be- Six years ago, the use of cluster bombs was cause of the difficulty in precisely targeting the HON. ADAM SMITH prohibited during the 1995 bombing campaign bomblets.’’ For these same reasons, many be- lieve that the use of cluster bombs is a viola- OF WASHINGTON in Bosnia by Air Force Major General Michael Ryan, then-commander of Allied Air Forces tion of the Geneva Convention’s prohibition IN THE HOUSE OF REPRESENTATIVES Southern Europe and of NATO’s air campaign against weapons that cause superfluous injury Thursday, November 15, 2001 in Bosnia. The logic behind this decision was and suffering. If we can’t guarantee that only simple. General Ryan recognized the inherent military targets will be hit, and if we can’t guar- Mr. SMITH of Washington. Mr. Speaker, I antee that all cluster bomblets will explode, rise today to congratulate Dr. Lee Hartwell, danger from cluster bombs to Bosnian civil- ians, the very people whom we were sup- then we simply should not use them. I have president and director of the Fred Hutchinson written President Bush to urge him to end the Cancer Research Center in Seattle, Wash- posedly fighting to protect. He knew that clus- ter bombs landed in villages and near hos- use of cluster bombs, and I anticipate his re- ington and professor of genetics and medicine sponse. at the University of Washington, on his out- pitals, that dud cluster bombs were picked up standing research on yeast genetics which and played with by children and that innocent Our use of cluster bombs leaves much to be earned him the prestigious Nobel Prize in Bosnians were being killed. An Air Force study considered for when the bombing in Afghani- physiology or medicine for 2001. on cluster bombs stated ‘‘the problem was that stan ends. Will the United States work to the fragmentation pattern was too large to suf- It is with great pride that I extend my con- cleanse the landscape of cluster bomblets as ficiently limit collateral damage and there was gratulations to Dr. Hartwell whose dedication it tries to build a new government in Afghani- also the further problem of potential and hard work in the area of genetic research stan? I have no doubt that landmines and unexploded ordnance.’’’ cluster bombs will be cleared from the areas has not only enabled many lives to be saved, Despite General Ryan’’s wise action, cluster but has provided the groundwork for many that Unocal wants to build its pipeline. The oil bombs were again used in Kosovo and now giant’s consultant, Dr. Henry Kissinger, may others to go on and make countless advances again in Afghanistan. Nonetheless, little has of their own. well use his vast influence to protect Unocal’s changed, and the array of problems and dan- interest, to have cluster bomblets removed Though I don’t pretend to be an expert on gers with cluster bombs continues to exist. In cell division in eukaryotic (nucleated) orga- from a swath through southern Afghanistan Kosovo, the first casualties to peacekeeping leading from Turkmenistan to Pakistan. But I nisms, I am well aware that Dr. Hartwell’s forces occurred when two British soldiers at- dedication and innovative study, beginning wonder about their opinions of cluster tempted to disarm an unexploded cluster bomblets elsewhere. Will Unocal and Kis- over 25 years ago, has made an enormous bomblet. The International Committee of the difference in our understanding of how cells singer see cluster bomblets as a buffer, insu- Red Cross found that, in one year’s time, lating their interests from the threat of angry, divide and the vast medical advances we can there were over 150 civilian casualties in derive from such knowledge. Dr. Hartwell’s re- antiAmerican Afghans? Will it serve the oil Kosovo from cluster bomblets. In 1999, the company’s interest to have a maimed popu- search was the first to harness the tools of ge- Pentagon admitted that more than 11,000 lation and to restrict the Afghan government? netics to study how cells function, thus deter- unexploded cluster bomblets remain in Time will only tell. . . mining which genes cause cells to divide— Kosovo. In Afghanistan, the United Nations without his efforts, this critical information has reported that villagers near the City of What ever the case may be, the need for could very well remain a mystery. Herat fear leaving their home because little the U.S. to take the lead in ending its use of His hard work and persistence is to be com- yellow cluster bomblets litter the ground. Or cluster bombs has never been more apparent. mended, and I am pleased that the Nobel As- perhaps they’re yellow food rations, who We need to protect the Afghan citizenry and sembly in Sweden has selected Dr. Hartwell knows . . . instill trust with the people; we need to protect for this honor, which is so richly deserved. Cluster bombs are neither safe, nor are they the Afghan land and insure a viable economic Congratulations, Dr. Hartwell, and thank you humane. They can be dropped from nearly future; and we need to assist in developing a for your dedication and contribution not only to any Marine, Navy or Air Force plane. Once re- government for Afghanistan that will serve the biotechnology and health fields, but ulti- leased, cluster bombs open up and release peace in the region, not profits abroad. Cluster mately to people both here and throughout the 200 to 2000 bomblets, which fall to the ground bombs only serve a short-term goal of death, world who will so greatly benefit from your dis- and cover football field size areas. As many and have no role in the long-term strategy of coveries. as 10% of these bomblets don’t explode, and peace.

VerDate 112000 06:26 Nov 16, 2001 Jkt 099060 PO 00000 Frm 00016 Fmt 0626 Sfmt 0634 E:\CR\FM\A15NO8.051 pfrm04 PsN: E15PT1 November 15, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E2097 HONORING THE ROCKY MOUNTAIN to buildings; as RMI notes, weatherizing the problem from a whole-system approach. INSTITUTE homes, using energy-efficient appliances and An example the authors use to underscore harnessing the natural heating and cooling ef- this point is the costs of maintaining our mili- HON. MARK UDALL fects of the sun and earth can lead to dra- tary forces to keep oil flowing from the Middle OF COLORADO matic reductions while also resulting in in- East oil fields. They note that if we simply IN THE HOUSE OF REPRESENTATIVES creased productivity and enhanced living envi- weatherize our homes, businesses and office ronments). They have been leaders in the pro- complexes and increase gas mileage of our Thursday, November 15, 2001 motion of high-efficiency light-bulbs (about 20 cars, we could eliminate U.S. oil imports from Mr. UDALL of Colorado. Mr. Speaker, I rise percent of our electricity generation goes for all sources. Again, it is this kind of thinking today to acknowledge the important energy lighting; as RMl notes, if the country fully uti- that we need now to address our security and environmental research and achievements lized the now commercially available efficient needs. of the Rocky Mountain Institute (RMI), located light bulbs, we could displace 120 Chernobyl- These are but a few examples of the criti- in Snowmass, Colorado. sized power plants). cally important work of the RMI—and RMI not Over the last two decades, RMI has com- And, they have been leaders in the develop- only produces abstract analyses, but it also piled an outstanding record of achievement— ment of new transportation technologies to re- puts its ideas into practice. A prime example and it is poised to make even greater contribu- duce oil consumption (transportation needs is the RMI office building in Snowmass, Colo- tions now, as we address the interrelated comprise nearly two-thirds of our oil consump- rado. The 4,000-square-foot building is pas- problems and opportunities of energy policy, tion, and RMI notes that if we increased the sive-solar, super-insulated, and earth-shel- environmental protection and national security. average fuel efficiency of vehicles by just 10 tered. It has no heating system in the tradi- Resource analysts Hunter and Amory miles per gallon from today’s current 19 mpg, tional sense, but is kept comfortable even at Lovins, who still lead it, established the RMI in we could displace all of the oil we import from 20 degrees below zero by passive solar gain 1982. It began as a small group of colleagues the Persian Gulf). through super-insulated windows. Savings of focusing on energy policy, and has grown into Also in the transportation arena, RMI re- 99 percent in space-and water-heating energy a broadbased institution with more than 45 searchers introduced the Hypercar concept in and 90 percent in household electricity repaid full-time staff, an annual budget of nearly $7 1992. This car was built using the same bed- the costs in building this facility in 10 months. million, and a global reach. rock, whole-systems thinking used in all of RMI can even grow bananas in its green- RMI focuses on a wide range of pressing RMI’s work—they imagined what a car could house—in the high mountains of Colorado. and important issues—such as energy effi- be if designed from scratch. Not losing sight of More importantly, the RMI building dem- ciency, resource productivity, market-oriented consumer needs and the demands placed on onstrates to homeowners that this level of effi- solutions to resource problems, and unlocking cars, they produced a car composed of sturdy ciency is possible and cost effective. the positive power of corporate structures. But and light components that is aerodynamic and This work—and much more—now has its principal focus is on what it calls a ‘‘whole- uses a combination of gas and electricity. This spanned the past twenty years. It has been systems approach.’’ Instead of viewing re- past spring, RMI unveiled the ‘‘Revolution’’— highly praised and recognized with a number source problems as merely symptoms (re- an actual working prototype employing of awards, including the Right Livelihood duced supplies) or as discrete, isolated com- Hypercar concepts. Award (the ‘‘alternative Nobel Prize’’) in 1984, ponents (oil, gas, water, etc.), RMI looks at The Hypercar, like all of RMI’s other work, the Onassis Foundation’s fist Delphi Prize the root causes of scarcity (wasteful, counter- is not based on science-fiction, or environ- (one of the world’s top two environmental productive activities) and devises cost-effec- mentally utopian precepts. RMI’s work is awards) in 1989 for its energy work, and tive, profit-generating responses that result in based on real world, practical techniques that Amory and Hunter Lovins were named ‘‘He- greater efficiencies, fewer environmental im- are available today. In fact, as can be attested roes of the Planet’’ by Time magazine in 2000. pacts, and greater economic and national se- to by the many companies that RMI consults As we seek solutions for the vast array of curity. for, the whole-system approach can result in energy and national security issues we are In short, RMI and its team of researchers tangible benefits that increase productivity now confronting, we would do well to draw ask more probing questions that in turn lead to and, ultimately, profits. upon the ideas and approaches being ex- the creation of exciting new techniques for But perhaps RMI’s most important contribu- plored, tested and implemented by the people more profitable and sustainable living, while tion that has particular importance for today’s at RMI. I look forward with anticipation to also increasing awareness and understanding world has been to highlight the connection be- RMI’s next twenty years and the exciting con- of the impacts of bad habits and practices. tween energy use and national security. tributions and innovative ideas they will no The creation of RMI came in response to a In their probing, and, unfortunately, pre- doubt produce. well-remembered energy crisis—the oil embar- scient 1982 book ‘‘Brittle Power: Energy Strat- f go of 1973—a time of challenges in some egy for National Security,’’ Amory and Hunter HONORING WILLIAM M. MAGUY ways similar to those we face today. At that Lovins made a convincing case that our reli- time of high gas prices, long lines at the gas ance on centralized, concentrated distributed station and a war in the Middle East, most of power systems is inherently insecure. Poten- HON. GEORGE RADANOVICH the country was focused on how we could be- tial terrorists can take advantage of this sys- OF CALIFORNIA come more energy independent by increasing tem by targeting power grids, pipelines and IN THE HOUSE OF REPRESENTATIVES our traditional energy supplies. production facilities to cause major power and Thursday, November 15, 2001 Amory Lovins was also thinking about this energy disruptions. The authors then argued Mr. RADANOVICH. Mr. Speaker, I rise problem, but he came at it from a different that a more secure energy system is one that today to honor the memory of William M. perspective. Instead of trying to find solutions is dispersed, diverse and involves more locally Maguy for his faithful dedication to improving to feed our existing consumption, he was ask- produced energy—in addition to the simple the lives of others. Mr. Maguy died in his ing more bedrock questions, such as—What technique of reducing consumption altogether. home on February 17, 2001, of a massive are the activities for which we need energy? Given the events of September 11th, we heart attack. Can we Find other energy sources to supply would be well advised to reengage in these William had an extensive education. He these needs? What are the cheapest ways to issues and begin to seriously consider the rec- earned a BA and an MA in Philosophy from supply that energy? From this thinking arose a ommendations outlined in this book. the Aquinas Institute of Philosophy, an MA in whole new era of looking at energy issues As the work of RMI continually points out, Theology from the Aquinas Institute of The- from the end-use/least-cost approach—the enhancing our national security, does not only ology, and he was a Ph.D. candidate in Edu- core focus of RMI. Since then, Amory and his involve a reexamination of our energy infra- cation from the University of Chicago. team of researchers, which includes his wife structure, consumption and resource supplies. From 1961 to 1963 William served as a Pro- Hunter Lovins, have examined the whole It also involves creating strong and healthy fessor of Theology, a Dean of Students, a Re- range of energy consumption, supply and de- communities. ligious Education Instructor, and an Informal livery systems and considered ways to As Amory and Hunter Lovins note, ‘‘Security Liaison Officer of Catholic Church and Inter- achieve the same social goals at lower costs also derives from a society in which people national Organizations in Bolivia. From 1965– and lower environmental impact. are healthy and have a healthful environment, 1966 he served as the Dean of Men at the They have been the leaders in promoting a sustainable economy, a legitimate system of Aquinas Institute in Illinois. In 1967 he began the more effective use of buildings (over 30 government, and abundant cultural and spir- his service at Proteus, Inc, a company that fo- percent of America’s total energy usage is tied itual assets.’’ This again involves looking at cuses on improving people’s ability to become

VerDate 112000 06:26 Nov 16, 2001 Jkt 099060 PO 00000 Frm 00017 Fmt 0626 Sfmt 9920 E:\CR\FM\A15NO8.056 pfrm04 PsN: E15PT1 E2098 CONGRESSIONAL RECORD — Extensions of Remarks November 15, 2001 economically self sufficient. Mr. Maguy served group of students as part of celebrating Buck’s preciation of ‘‘. . . furthering better under- as the Chief Executive Officer of Proteus, Inc. 88th birthday party. Our ‘‘Hometown Hero’’ is standing and friendly relations among peoples until he retired in 1998. very active in various charitable causes within of the world.’’ Kansas State University be- Mr. Speaker, I rise to honor William M. the community. He lends his name and energy stowed upon him the ‘‘Lifetime Leadership Maguy for his dedication to improving the lives to sponsor the Buck O’Neil Golf Classic, a Award’’ in ‘‘recognition for leadership, commu- of others. I urge my colleagues to join me in fundraiser for the Negro Leagues Baseball nity involvement, commitment to diversity, and honoring the memory of William M. Maguy. I Museum and the Leukemia & Lymphoma So- life long record of contribution to the public.’’ wish to send condolences to his family and ciety. In the past three years, the event has Buck has received numerous awards in rec- friends. raised nearly $350,000 for the organizations. ognition of his work in the community and as- f For the past six years, the Kansas City Securi- sistance to various organizations. Some of ties Association, Inc. Educational Endowment these awards are: recognition by the United HONORING JOHN JORDON ‘‘BUCK’’ Fund has given four-year scholarships to grad- States Army for ‘‘outstanding support of Army O’NEIL ON HIS 90TH BIRTHDAY uating high school students in honor of Negro recruiting in Kansas City;’’ the Kansas City Leagues players, one in honor of Buck O’Neil. Chamber of Commerce honored him with its HON. KAREN McCARTHY He participates in the Negro Leagues Muse- ‘‘Centurion Leadership Award;’’ he was ac- OF MISSOURI um’s ‘‘Night of the Harvest Moon’’ program on corded the ‘‘Distinguished Service Award’’ by IN THE HOUSE OF REPRESENTATIVES Halloween night. It provides area children a the State Historical Society of Missouri; and on November 10, 2001 Buck was given the Thursday, November 15, 2001 safe alternative from the traditional to door to door trick or treating. More than 14,000 chil- ‘‘Ewing Kauffman Outstanding Achievement Mr. MCCARTHY of Missouri. Mr. Speaker, I dren have participated in the event over the Award’’ from the Jewish Community Center. rise today to honor a man some call ‘‘Mr. Kan- past four years. As an award winning baseball player, es- sas City’’, Mr. John Jordan ‘‘Buck’’ O’Neil. Buck has risen to national prominence with teemed baseball manager and scout, deco- ‘‘Buck’’ is a man who has come to embody the his moving narration of the Negro Leagues as rated veteran, and humanitarian, Buck exem- ideals we share as a nation. As he celebrates part of Ken Burns’ PBS baseball documentary. plifies excellence in public service and his ca- his 90th birthday on November 13, 2001, I am Since then he has been the source of count- reer serves as a beacon for generations to proud and honored to celebrate the lifetime of less national interviews including appearances come. He symbolizes the spirit of American achievement of our hometown hero. on ‘‘Late Night with David Letterman,’’ and patriotism and is a role model for us all. John Jordan ‘‘Buck’’ O’Neil was born No- ‘‘Late, Late Show with Tom Snyder.’’ Last Mr. Speaker, please join me in saluting vember 13, 1911 in Carrabelle, Florida. He de- week he gave an interview to Jim Rome, who John Jordan ‘‘Buck’’ O’Neil. It is an honor and veloped a love of baseball at an early age and has a nationally syndicated sports radio pro- a privilege to join in the 90th birthday celebra- his father nicknamed him ‘‘Buck’’ after the co- gram. Mr. Rome said he could have talked to tion of an American hero, a national treasure, owner of the Miami Giants, Buck O’Neal. Buck for the entire three hour show because a symbol of African American pride, and one Though a segregated America denied Buck Buck had such rich experiences to share of Kansas City’s favorite sons. Buck’s favorite the opportunity to grace the diamonds of the about various baseball players, and baseball song is ‘‘The Greatest Thing in All My Life, is Major Leagues as a player, he was able to in general. He ended his comments by saying Loving You.’’ Buck, I love you, salute you and showcase his unmatched talent with the Kan- that Buck was one of the most interesting your heroic accomplishments, and am de- sas City Monarchs of the Negro Leagues. He interviews he had ever had on his show. lighted and privileged to know such a patriot joined the Monarchs in 1938, and played for Mr. Speaker, our hero finds ways to assist and to call you my friend, Thank you, Buck. them until 1943, at which time he went to deserving organizations even in celebrating f serve his country in World War II. Recognizing his birthday. While talking about baseball, A TRIBUTE TO PAUL WEEDEN FOR his patriotic responsibility to our country, he Buck mentioned that his ‘‘birthday present’’ 29 YEARS OF DEDICATION TO entered the United States Navy and was sta- would be to raise ninety thousand dollars for FEDERAL LANDS tioned in the Philippines from 1943 until his the programs of the Negro Leagues. Starting discharge in 1946. Buck was named player/ almost immediately after his interview ended, manager for the Monarchs in 1948 and contin- the staff of the Negro Leagues Museum was HON. JERRY LEWIS ued his association with the team through the inundated with calls and e-mails for nearly four OF CALIFORNIA end of the 1955 season. hours. IN THE HOUSE OF REPRESENTATIVES As a player, Buck had a career batting aver- On his 90th birthday, the City of Kansas Thursday, November 15, 2001 age of .288, including four .300-plus seasons City, Missouri named a street in his honor one Mr. LEWIS of California. Mr. Speaker, I at the plate, and led the Kansas City Mon- block north of 18th and Vine, the area which would like today to pay tribute to Paul archs to victory in the 1942 Negro World Se- houses the Negro Leagues Museum as well Weeden, the Deputy Forest Supervisor of the ries. After 12 years as a player, Buck changed as the Jazz Hall of Fame. The street’s new San Bernardino National Forest in my district, hats and managed the Monarchs to four more name is John ‘‘Buck’’ O’Neil Way. In honor of who recently retired after 36 years of service league titles in six years. Following his career his 90th birthday on November 13, I requested in the National Parks and National Forests. with the Kansas City Monarchs, Buck joined a flag be flown from my Capitol office window. Like many of the dedicated employees who the major leagues as a scout for the Chicago This was presented to him at a dinner cere- work for the agencies that manage and protect Cubs. In 1962 the Chicago Cubs made him mony in Kansas City, Missouri on November our national lands, Paul Weeden began his the first African American to coach in the Ma- 14. At this ceremony he was recognized for service as a seasonal employee. Beginning in jors. Buck is credited with signing Hall of his heroic and patriotic accomplishments by 1965, he worked summers as a fishery biolo- Fame baseball greats Ernie Banks and Lou the President of the United States, the House gist aide, park ranger and a fire prevention Brock to their first professional contracts, and and Senate, and local and state officials. I technician. He became a full-time forester for is acknowledged to have sent more Negro look forward to the day in the near future the Forest Service in 1977, serving for 10 League athletes to the all white major leagues when the Baseball Hall of Fame Veterans years in Arizona and Northern California. than any other man in baseball history. Committee recognizes our hometown hero for From 1987 to 1990, Mr. Weeden was as- Today he serves as the Board Chairman for his accomplishments on and off the baseball signed to the Fire and Aviation Management the Negro Leagues Baseball Museum in Kan- field and approve his induction into the Base- Staff in Washington, D.C., coordinating the sas City, and spends his time promoting the ball Hall of Fame. Forest Service response to natural disasters in achievements of African American baseball In addition to his work in Cooperstown and the United States, and serving as an advisor players who played for the love of the game, at the museum in Kansas City, Buck is finding to other nations dealing with disaster when re- despite the color barriers at that time that kept new and exciting ways to enjoy life and quested by the Office of Foreign Disaster As- them out of the Majors. He is also actively in- spread his infectious charm and warm spirit. sistance. volved in utilizing the Museum to assist in the He is a local hero whose recognition for serv- He became Deputy Forest Supervisor of the education of youth in the community through ice is recognized at home and nationally. He San Bernardino National Forest in 1990, and programs such as ‘‘Reading Around the was given the Trumpet Award in 1999 by the has helped make the San Bernardino and San Bases’’ where elementary school students Turner Broadcasting System saluting him for Gabriel Mountain region one of the most suc- learn from community readers about the pio- achievements to African Americans. The Ro- cessful urban use forests in the nation. Lo- neers of the Negro Leagues. I was honored to tary Foundation of Rotary International con- cated within easy driving distance of the 8 mil- be asked to read from ‘‘second base’’ to a ferred on Buck its ‘‘Paul Harris Fellow’’ in ap- lion people who live in Southern California, the

VerDate 112000 06:26 Nov 16, 2001 Jkt 099060 PO 00000 Frm 00018 Fmt 0626 Sfmt 9920 E:\CR\FM\A15NO8.059 pfrm04 PsN: E15PT1 November 15, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E2099 forest’s campgrounds, hiking trails, ski resorts KLAMATH BASIN EMERGENCY OP- before. It was his job. And we pay our re- and other recreation activities attract millions ERATION AND MAINTENANCE RE- spects to him, his wife Emily Cozort Cranford of visits each year. The forest is also home to FUND ACT OF 2001 and his entire family. I want to personally sa- thousands of constituents in my district, who lute my friend and Emily’s Uncle Jack Cozort see the Forest Service as their largest neigh- SPEECH OF who led efforts to establish a scholarship at bor and in many cases their landlord. HON. PETER A. DeFAZIO North Carolina State University, Eric and Although the national forest has seen a OF OREGON Emily’s alma mater, for Burke County students in Eric’s name. number of dramatic wildfires in the past dec- IN THE HOUSE OF REPRESENTATIVES Earlier this week, our nation observed Vet- ade, the Forest Service under Mr. Weeden Tuesday, November 13, 2001 has helped limit the losses of property and erans Day in remembrance and in gratitude of Mr. DEFAZIO. Mr. Speaker, Nobody could wildlife habitat in each case. The agency has the many men and women like Lt. Com- have foreseen the devastating drought that increasingly worked with local officials to pro- mander Cranford have served our nation so has besieged Oregon over the past year. The vide maximum recreation opportunities while bravely in the United States military. Veterans lack of water has adversely effected agri- protecting the natural beauty that attracts the have always represented what is best about culture, energy generation, recreation, and fish visitors. As manager of a 440-person agency our great nation, From the American Revolu- and wildlife habitat. The Klamath Basin in with a $24 million budget, Mr. Weeden has tion’s Minutemen to today’s soldiers, sailors, Southern Oregon and Northem California has helped guide the forest into the 21st Century airmen, and marines, American men and suffered particular hardship through this as a verdant oasis in one of the largest urban women have dedicated themselves to the drought. The snowpack and rainfall that supply areas in the world. preservation of liberty and democracy through- the Basin with life-sustaining water are critical out the history of our country. Even as he watched over the San to the economic viability of the Basin, and Those in uniform—past and present—are Bernardino National Forest, Mr. Weeden in have been significantly below normal. Be- the defenders of the American values that 1998 coordinated American aid to Mexico in cause the federal government, through the Bu- have made our nation strong and kept us free. response to the worst wildland fire season in reau of Reclamation, has encouraged the Ba- I commend each and every one of them for that nation’s history. He has since provided sin’s dependence with nearly a century of their brave service to America. This Veterans guidance and leadership to Mexico’s fire- promised federal water allocation, this Con- Day, we gathered with heavy hearts and trou- fighting, detection and prevention programs, gress has an obligation to take further steps to bled minds. We are at war. It is a war Eric as well as helping in the restoration of impor- provide further funding for relief and mitigation. Cranford and those who lost their lives at the tant natural lands. This bill, H.R. 2828, will provide further as- Pentagon on September 11th would have Mr. Speaker, Paul Weeden retired last sistance to the farmers of the Klamath Basin been ready to fight. Today, we face the great- month to take a job in the private sector, al- by reimbursing them for operations and main- est challenge to our freedom since World War though he and his wife Barbara remain resi- tenance costs. Farmers receiving federal II. September 11 will forever be remembered dents of Highland, California, in my district. I water pay these fees to the government for as a day that evil visited our great nation as ask you and my colleagues to Join me in upkeep of the infrastructure of the Klamath never before. Four commercial planes were thanking Mr. Weeden for his three decades of Project. Many of the farmers in the project did transformed into missiles and aimed at build- service, and wishing him well in his future en- not receive federal water this year. Therefore, ings that define our nation, and symbolize our deavors. those farmers should not have to bear the freedom and values. These attacks resulted in cost of maintaining the federal infrastructure. a loss of life on a scale not seen in our coun- f Representative WALDEN has taken every pre- try since the Civil War. caution to ensure that this modest reimburse- The terrorists who committed these terrible BLOCKING AID TO HAITI ment is fair and equitable. Only irrigation dis- acts on completely innocent men, women and tricts receiving severely limited water supplies children are not just criminals. They are mortal will be reimbursed, and districts who have al- enemies of the United States of America. But HON. MAXINE WATERS ready been reimbursed by California will not these cowards cannot hide forever. We must be eligible for the funds in this bill. OF CALIFORNIA pursue them to the ends of the earth to en- I am pleased to be working with Mr. WAL- sure that international terrorists can never IN THE HOUSE OF REPRESENTATIVES DEN, and many members of the Oregon and again threaten innocent Americans. California delegations, to find reasonable short Once again, we have called on our men and Thursday, November 15, 2001 and long term solutions to the situation in the women in uniform to defend those values we Basin. This bill will provide farmers in the hold so dear. President Bush has said that Ms. WATERS. Mr. Speaker, Haiti is the Basin with much needed economic assistance this campaign will not be simple, it will not be poorest country in the Western Hemisphere. by simply refunding their O&M costs. Passing quick, and it will not be without casualties. But Yet the U.S. government is blocking aid to this bill is fair, and the right thing to do for the we will show the world that any enemy who Haiti in order to expand the influence of a sin- farmers in the Klamath Basin. I urge adoption chooses to test the resolve of the United gle political party that is supported by less of H.R. 2828, the Klamath Basin Emergency States and its allies will face the collective than four percent of the Haitian electorate. Operation and Maintenance Refund Act of might of our military. I have full confidence in Meanwhile, the people of Haiti are facing a 2001. our Commander in Chief and our armed serious humanitarian crisis. Haiti’s per capita f forces. income is only $460 per year. Four percent of the population is infected with the AIDS virus, IN HONOR OF LT. COMMANDER We will win this war because we cannot af- and 163,000 children have been orphaned by ERIC CRANFORD ford to fail. We will win this war for Eric AIDS. The infant mortality rate is over seven Cranford and the thousands who lost their percent. For every 1000 infants born in Haiti, HON. BOB ETHERIDGE lives on September 11. We will win it for Emily, and those who were left behind to five women die in childbirth. OF NORTH CAROLINA mourn. We will win it because we are a good IN THE HOUSE OF REPRESENTATIVES Not only has the U.S. suspended develop- and just nation and because evil must not be ment assistance, the U.S. is also blocking Thursday, November 15, 2001 allowed to flourish anywhere in this world. We loans from international financial institutions. Mr. ETHERIDGE. Mr. Speaker, I rise today must show these cowards that their efforts to U.S. policy has effectively prevented Haiti from to honor Lt. Commander Eric Cranford, who terrorize us will not succeed. receiving $146 million in loans from the Inter- lost his life in service to our nation on Sep- As we pray for those fighting to avenge the American Development Bank that were al- tember 11th. A Navy rescue pilot, Lt. Com- terrible events of September 11, let us not for- ready approved by that institution’s Board of mander Cranford knew danger, he knew sac- get those who came before them. Their great Directors. These loans are desperately need- rifice—and courage could have been his mid- strength and sacrifice during the conflicts of ed by the people of Haiti. dle name. If Eric had not been in the Pen- the Twentieth Century moved heaven and It is time for the United States to end this tagon that fateful morning, or if his side of the earth, and showed the world that the Amer- political impasse and restore bilateral and mul- building had not been hit, you can bet he ican warrior is the most potent force on the tilateral assistance to this impoverished de- would have sacrificed his own safety, risking face of the earth. Millions of men and women mocracy. his own life to rescue others. He had done it served bravely in the first and second World

VerDate 112000 06:26 Nov 16, 2001 Jkt 099060 PO 00000 Frm 00019 Fmt 0626 Sfmt 9920 E:\CR\FM\A15NO8.062 pfrm04 PsN: E15PT1 E2100 CONGRESSIONAL RECORD — Extensions of Remarks November 15, 2001 Wars, the Korean Conflict, the jungles of Viet- ceed led him to work for Means Developers. While the potential scientific benefits of nam, and the sands of Desert Storm. But With the addition of Mamon’s knowledge of studying neutrinos is clear, this agreement is many who served did not come home. construction and his desire to make the city of also vital to the economies of South Dakota, They came from every walk of life. They Gary a better place, Means Construction de- the Black Hills and the city of Lead. If were our friends, neighbors, mothers, fathers, veloped one of the city’s finest neighborhoods, Homestake were to close, its absence would sons, daughters, sisters and brothers. They Means Manor. have a tremendous economic and cultural im- were ordinary and extraordinary all at once, Mamon Powers, Sr. began his own con- pact on our state. The Mine has been an inte- and all Americans should honor their sac- struction company in the early 1950’s and gral part of the Hills culture since it opened rifices. Freedom is not free. But freedom is eventually became one of the first African- over 125 years ago. The miners and their fam- worth fighting for. On Veterans Day, and every American members of a union in the city of ilies have contributed so much to the area. day, let us salute Lt. Commander Cranford Gary. Over the years, he developed his busi- However, with the cost of mining gold in- and all our nation’s veterans. May God Bless ness into the most successful African-Amer- creasing, Homestake has decided to terminate America, now and forever. ican construction company in the state, and its operations in Lead. The introduction of a national physics laboratory is a fitting sub- f one of the 100 largest in the country. Powers and Sons Construction Company was also stitute. The lab will employ a number of the PERSONAL EXPLANATION recognized nationally by the Small Business current Homestake employees to maintain the Administration in 1997 for its minority business integrity of the mine and to make improve- HON. ANTHONY D. WEINER development initiatives. He was responsible ments to the structure for the siting of the lab there. Additionally, the lab will employ many OF NEW YORK for the construction of hundreds of private scientists and support staff bringing new diver- homes in Northwest Indiana, as well as the IN THE HOUSE OF REPRESENTATIVES sity to the South Dakota economy. Thursday, November 15, 2001 construction of many commercial buildings. The legislation I will introduce today is a His professional career made an impact on companion bill to S. 1389, introduced by Sen- Mr. WEINER. Mr. Speaker, I was unavoid- the community that cannot be measured sim- ably detained in my District on Tuesday, No- ator TOM DASCHLE and is the result of months ply by the number of buildings he created. His of negotiations between the Homestake Gold vember 13, 2001, and I would like the RECORD love for his work was revealed in his cre- Mine, the State of South Dakota, the South to indicate how I would have voted had I been ations, and it inspired the citizens of Gary to Dakota congressional delegation and others. present. take pride in their community. Recently, those negotiations were concluded, For rollcall vote No. 436, the conference re- While Mamon was dedicated to his work, and late last week this bill was completed. port for the Agriculture appropriations act for his love for his family and his community re- The purpose of the bill is to set the terms fiscal 2002, I would have voted ‘‘aye.’’ mained his top priority. He was committed to of land conveyance from Homestake to the For rollcall vote No. 437, a bill to enhance his late wife, Leolean, and their six children, State of South Dakota for the establishment of the authorities of special agents and provide Mamon, Jr., Mark, Demetrius, Claude, Florita, a National Underground Science Laboratory. limited authorities to uniformed officers re- and Marquita. He served on the Methodist The Homestake Mining Company would turn sponsible for the protection of domestic De- Hospital Board of Directors and as a member over portions of their property, including a partment of State occupied facilities, I would of the Lake County Community Development nearly 8,000 foot mine shaft and equipment have voted ‘‘aye.’’ Committee. In 1989, he was inducted into the that together likely will be worth hundreds of f Steel City Hall of Fame for his outstanding millions of dollars saving taxpayers hundreds contributions to Northwest Indiana. Earlier this of millions of dollars in construction and devel- IN MEMORY OF MAMON POWERS, year, the Frontiers Service Club nominated opmental expenses. SR. Mamon for the prestigious Gary Drum Major In addition to the land conveyance, the bill Award for extraordinary set-vice in the com- also addresses current and future environ- HON. PETER J. VISCLOSKY munity. mental remediation and reclamation concerns. OF INDIANA Mr. Speaker, I ask you and my other distin- The bill accomplishes this through three main IN THE HOUSE OF REPRESENTATIVES guished colleagues to join me in offering our mechanisms. First, it requires an independent Thursday, November 15, 2001 condolences to the family of Mr. Mamon Pow- evaluation of current and future environmental ers, Sr. Mamon was a true inspiration to ev- risks on the site. This evaluation would be Mr. VISCLOSKY. Mr. Speaker, it is with eryone who knew him, and his work in North- conducted under the auspices of the Environ- great sorrow and a heavy heart that I offer my west Indiana will survive as a tribute to his mental Protection Agency and would be sub- heartfelt condolences to the family of a pio- memory. He impacted the lives of many in our ject to public review and comment. Second, it neer in the communities of Northwest Indiana. community, our state, and our country, and I establishes an environmental trust fund. Con- Mr. Mamon Powers, Sr., a construction worker am proud to have had the opportunity to rep- tributions to this trust fund would be calculated and owner of Powers and Sons Construction resent Mamon Powers, Sr. in Congress. as a part of the cost of constructing and oper- Company, died on Tuesday, November 13, ating the lab and the experiments that would f 2001, following a long struggle with illness, take place there. Third, it requires insurance and will be laid to rest on Saturday, November INTRODUCTION OF HOMESTAKE coverage by the State of South Dakota, which 17, 2001. Mr. Powers was 80 years old. MINE CONVEYANCE ACT OF 2001 would be the managing entity, and any group Mamon Powers, Sr. was born of humble conducting experiments in the mine. These means in the small town of Churchill, Mis- HON. JOHN R. THUNE provisions will provide the needed protection sissippi. The son of a preacher and home- OF SOUTH DAKOTA of the environment and the taxpayers that I believe is necessary for this agreement. builder, Mamon learned the virtues of hard IN THE HOUSE OF REPRESENTATIVES work and strong faith at an early age. Al- This legislation is one piece of the puzzle though African-Americans were only allowed Thursday, November 15, 2001 that will make this lab a reality. I look forward to attend school through eighth grade in Mr. THUNE. Mr. Speaker, I rise today to in- to working with the House leadership, the Churchill at that time, Mamon refused to be troduce a bill very important to the world of Committees of jurisdiction, my colleagues in encumbered by the bonds with which society science, our nation, and my state of South Da- the House and Senate and the Administration attempted to restrict the rights of African- kota. to see this bill enacted into law. American citizens. He continued his education Thirty years ago, the Homestake Mine was f by attending Campbell College, now known as host to pioneering research about neutrinos; CONSTITUTIONAL AND CIVIL Jackson State University, and by serving his particles with virtually no weight and pos- LIBERTIES ISSUES country in the United States military. sessing no electrical charge that are every- To the benefit of Northwest Indiana, Mamon where around us. Scientists believe these Powers, Sr. came to the city of Gary after mysterious particles hold secrets that can pro- HON. JOHN CONYERS, JR. OF MICHIGAN serving with the military. He went to work in vide us with important insights into the funda- IN THE HOUSE OF REPRESENTATIVES the steel mill, but quickly learned that he mental nature of the universe. would not be successful because racial bar- This legislation, which I will introduce today, Thursday, November 15, 2001 riers prohibited many African-Americans from envisions an underground neutrino telescope Mr. CONYERS. Mr. Speaker, I am growing joining the union. However, Mamon’s love for that extends pioneering research begun three increasingly concerned about a series of re- the community and his determination to suc- decades ago. cent actions taken by the Bush Administration

VerDate 112000 06:26 Nov 16, 2001 Jkt 099060 PO 00000 Frm 00020 Fmt 0626 Sfmt 9920 E:\CR\FM\A15NO8.066 pfrm04 PsN: E15PT1 November 15, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E2101 which raise important constitutional and civil lieve Senator Ashcroft grossly Second Amendment; his active support for liberties issues. Many of these concerns are mischaracterized and distorted a good man’s legislation in Missouri that would allow in- set forth in the attached letter I forwarded yes- record in this case. Senator Ashcroft’s un- dividuals to carry concealed weapons; and willingness at his confirmation hearing to terday to Chairman Sensenbrenner requesting his unwillingness to commit to relinquish acknowledge or express a scintilla of regret his membership in the NRA, which has that the Judiciary Committee hold hearings on for the manner in which he orchestrated sought to undermine almost every federal these matters, as well as an excellent editorial Judge White’s defeat can hardly be seen as a gun safety law that is on the books, in ad- written today by William Safire of the New promising omen to those of us in the African vance of his confirmation. York Times. American community who have worked so Finally, I am severely disappointed by the I am also attaching a copy of a letter I wrote hard to integrate the federal judiciary. fact that Senator Ashcroft failed to meet last January detailing my opposition to the I also believe Senator Ashcroft has not with me or respond to any of my written nomination of John Ashcroft as Attorney Gen- been forthright in describing the reasons for questions to him, despite his personal re- eral. The Attorney General’s recent actions his opposition to the nomination of James quest to me that I refrain from taking a po- Hormel to become the ambassador to Lux- threatening our civil liberties only reinforces sition on his nomination until we met. This embourg. When Senator Leahy asked the is problematic to me because in addition to the concerns mentioned in this letter. I also nominee to explain the reasons for his oppo- delaying my taking a position on the very question the timing and need for the Attorney sition to Hormel, he referred, without elabo- important matter of Senator Ascroft’s nomi- General’s recent actions undermining Or- ration, to the ‘‘totality of [Hormel’s] nation, I do not believe he has been forth- egon’s assisted suicide law and California’s record.’’ When Senator Leahy again asked right in explaining why he has failed to re- medical marijuana laws. Both of these actions Senator Ashcroft in a written question to spond to my questions. (For example, in Sen- raise very serious federalism issues (since ‘‘specify the factors that led you to oppose ator Ashcroft’s written response to a ques- they seek to overturn state enacted ref- [Hormel],’’ he failed to do so, stating merely tion from Senator Carl Levin asking whether that his opposition was based ‘‘on the total- the nominee had answered my letter, Sen- erendum) and separation of powers issues ity of Mr. Hormel’s record of public positions (since the authorities were each the subject of ator Ashcroft wrote that my letter, ‘‘though and advocacy.’’ To this day, Senator written on January 12, was only received by failed legislation in recent congresses). Ashcroft has failed to provide a single spe- me on January 17.’’ I do not understand how CONGRESS OF THE UNITED STATES, cific reason for opposing Hormel other than this could be. To ensure that he would re- Washington, DC, Jan. 31, 2001. his sexual orientation. ceive my letter immediately, my staff con- The cause of civil rights for all Americans DEAR DEMOCRATIC SENATOR: I am writing tacted the Bush-Cheney Transition Office, also has not been well-served by Senator to inform you that as the Ranking Democrat informed a transition official there that my Ashcroft’s granting an interview with South- on the House Judiciary Committee and the letter to Senator Ashcroft was forthcoming, ern Partisan and then implying that slavery Senior Member of the Congressional Black and was instructed to fax the letter to a tele- was something other than a ‘‘perverted agen- Caucus, I am unalterably opposed to John phone number reserved for facsimile commu- da.’’ I also cannot accept his explanation at Ashcroft’s nomination to be Attorney Gen- nications from Members of Congress. We his hearing that he was unaware of the mag- eral of the United States. have confirmation that the fax was received I have reached this decision with much re- azine’s extreme and racist positions when he at 4:02 p.m. on January 12, one week before gret and great consternation. In my 36 years granted the interview. the conclusion of Senator Ashcroft’s con- in Congress, I have never before publicly op- (It is especially implausible given Senator firmation hearing and before he received any posed a nominee for Attorney General. How- Ashcroft’s explicit endorsement of the Jour- written questions from the Senate. Even ever, in the present case, my reservations nal’s agenda when he said that it ‘‘helps set though his responses to the questions from about Senator Ashcroft’s ability and inclina- the record straight’’—this from a journal the Senate were filed last Friday, January tion to support and uphold the law in such that has published articles arguing that slav- 26, I still have yet to receive any response critical areas as civil rights, reproductive ery was beneficial for black families.) from Senator Ashcroft, notwithstanding the choice, and gun safety are so grave, and his Second, given Senator Ashcroft’s past fact that he wrote to Senator Levin that it pattern of misleading and disingenuous re- record and statements at the hearings, I do was his intent to turn to the questions posed sponses at his confirmation hearing so seri- not find his apparent acknowledgment of a by me following the submission of his writ- ous, that I believe it is in the national inter- woman’s constitutional right to an abortion ten answers tot he Senators.) est that his nomination be withdrawn, or be as settled law under Roe and Casey as being In sum, I have come to the reluctant con- rejected by the Senate. I am also concerned at all credible. I say this because in 42 out of clusion that Senator Ashcroft is the wrong that Senator Ashcroft’s personal lack of re- 43 Senate votes concerning reproductive man for the job at the wrong time. When our sponsiveness to me foreshadows a pattern of rights, he cast a vote aimed at overturning nation urgently needs an Attorney General conscious avoidance or, at best, benign ne- Roe v. Wade. In addition, in his written an- who can bring us all together, we have been glect, of me and my Democratic colleagues swers to a question from Senator Kennedy, offered a person known for extreme right in the House. the nominee replied that he would defend I have several specific concerns in the area federal legislation outlawing so-called par- wing positions and divisiveness. I have spent of civil rights. First, I am troubled by the tial-birth abortion, even though the Supreme my entire career fighting for the cause of fact that notwithstanding Senator Court has already declared unconstitutional civil rights, reproductive choice, and com- Ashcroft’s general statements about support virtually identical legislation under those mon sense crime and gun safety laws. In my for civil rights enforcement, he declined to very cases. Also, when Senator Leahy asked view, Senator Ashcroft’s record is simply too state specific agreement with the Depart- Senator Ashcroft to justify his sponsorship inconsistent with these goals to justify my ment’s positions in a host of civil rights of the Human Life Act of 1998, he responded support for him. cases, including its support of the University that ‘‘[a]s introduced, [the legislation] is not Sincerely, of Michigan’s affirmative action program, a constitutional under Roe and Casey.’’ If Sen- JOHN CONYERS, JR. position that was recently ratified by a fed- ator Ashcroft is willing to introduce admit- Ranking Member. eral court. Also, with regard to equal rights tedly unconstitutional legislation in Con- in the area of education, I am dismayed that gress, notwithstanding his oath, his assur- [From the New York Times, Nov. 15, 2001] Senator Ashcroft has taken public positions ances provide little comfort that he will not SEIZING DICTATORIAL POWER opposing voluntary school desegregation. defend blatantly unconstitutional policies or Unfortunately, Senator Ashcroft’s testimony legislation designed to undermine this set- (By William Safire) at his confirmation hearing with regard to tled law as Attorney General. WASHINGTON.—Misadvised by a frustrated this matter only served to compound my res- Thirdly, with regard to Senator and panic-stricken attorney general, a presi- ervations. For example, he asserted, in re- Aschcroft’s record of opposition to gun con- dent of the United States has just assumed sponse to written questions from Senator trol legislation, I remain unconvinced that what amounts to dictatorial power to jail or Kennedy, that the state had ‘‘done nothing he is the appropriate person to uphold and execute aliens. Intimidated by terrorists and wrong’’ and was ‘‘found guilty of no wrong’’ enforce our nation’s firearms laws. I find lit- inflamed by a passion for rough justice, we in the Missouri desegregation cases. How- tle solace in the fact that in response to Sen- are letting George W. Bush get away with ever, there were two separate federal courts ator Schumer’s question as to whether he the replacement of the American rule of law of appeal decisions and numerous district supports the Brady law, Senator Aschcroft with military kangaroo courts. court decisions holding the state expressly merely stated that ‘‘[t]he President has indi- In his infamous emergency order, Bush ad- responsible for the unconstitutional dis- cated that he supports this law, and I sup- mits to dismissing ‘‘the principles of law and crimination that occurred. port his position on this matter.’’ Such a the rules of evidence’’ that undergird Amer- Similarly, I remain profoundly dis- weak answer is particularly troubling in ica’s system of justice. He seizes the power appointed in the manner by which Senator light of Senator Ashcroft’s written response to circumvent the courts and set up his own Ashcroft thwarted Judge Ronnie White’s to Senator Leahy, in which he acknowledged drumhead tribunals—panels of officers who nomination to be a federal district court his disagreement with ‘‘some of the policy will sit in judgment of non-citizens who the judge, the first African American justice prescriptions that Mr. [Jim] Brady has advo- president need only claim ‘‘reason to be- ever to serve on the Missouri Supreme Court. cated’’; Senator Ashcroft’s past whole- lieve’’ are members of terrorist organiza- As I have previously written to him, I be- hearted embrace of an extreme view of the tions.

VerDate 112000 06:26 Nov 16, 2001 Jkt 099060 PO 00000 Frm 00021 Fmt 0626 Sfmt 0634 E:\CR\FM\A15NO8.070 pfrm04 PsN: E15PT1 E2102 CONGRESSIONAL RECORD — Extensions of Remarks November 15, 2001 Not content with his previous decision to kangaroo courts to betray our principles of the poverty line, leaving millions of suddenly permit police to eavesdrop on a suspect’s justice. unemployed Americans facing poverty, job- conversations with an attorney, Bush now lessness and homelessness. strips the alien accused of even the limited f rights afforded by a court-martial. The Republican response to this crisis has NOBEL LAUREATES ENDORSE been the misguided antidote of Herbert Hoo- His kangaroo court can conceal evidence GENUINE STIMULUS PACKAGE by citing national security, make up its own ver: help the rich and the poor will benefit from rules, find a defendant guilty even if a third the improving economy. Prosperity is right of the officers disagree, and execute the alien HON. GEORGE MILLER around the corner. But we were not elected to with no review by any civilian court. OF CALIFORNIA ignore the suffering of our constituents. No longer does the judicial branch and an IN THE HOUSE OF REPRESENTATIVES When will the Congress hear the voices of independent jury stand between the govern- our desperate countrymen and women and ment and the accused. In lieu of those checks Thursday, November 15, 2001 and balances central to our legal system, demonstrate its concern for the real victims of non-citizens face an executive that is now in- Mr. GEORGE MILLER of California. Mr. this recession? First, the House passed a $1.4 vestigator, prosecutor, judge, jury and jailer Speaker, nine Nobel laureates in economics trillion tax cut, mainly for the wealthy. Then a or executioner. In an Orwellian twist, Bush’s as well as other leading economists have $38 billion bail-out for the oil, gas, electric and order calls this Soviet-style abomination ‘‘a issued an appeal to the leaders of the Senate nuclear power companies that earned more full and fair trial.’’ to reject the cynical and ineffective stimulus than $1.6 trillion last year. Now, a ‘‘stimulus’’ On what legal meat does this our Caesar approach taken by the House of Representa- bill that showers tens of billions more on the feed? One precedent the White House cites is tives and instead pass a bill that will generate wealthiest and most powerful in our nation, a military court after Lincoln’s assassina- greater spending now through expanded un- and only a fraction for genuine ‘‘stimulus.’’ tion. (During the Civil War, Lincoln sus- employment benefits and other initiatives. pended habeas corpus; does our war on terror The views of these Nobel laureates and oth- require illegal imprisonment next?) Another The need for expanded benefits for jobless ers should guide us in crafting a genuine stim- is a military court’s hanging, approved by Americans and their families is apparent to all ulus bill that helps hurting Americans instead the Supreme court, of German saboteurs but the leaders of the House of Representa- of adding billions in additional tax breaks for landed by submarine in World War II. tives. The October increase in unemployment the richest taxpayers and for corporations. I Proponents of Bush’s kangaroo court say: was the largest in over two decades, adding submit for the RECORD these views. Don’t you soft-on-terror, due-process types more than a half million jobless to the 1.1 mil- ECONOMISTS’ STATEMENT—AN OPEN LETTER know there’s a war on? Have you forgotten lion jobs already lost this year prior to the ter- TO SENATORS TOM DASCHLE AND TRENT LOTT our 5,000 civilian dead? In an emergency like rible events of September 11th. this, aren’t extraordinary security measures The current state of the U.S. economy jus- The so-called stimulus bill passed recently needed to save citizens’ lives? If we step on tifies further fiscal stimulus by the federal a few toes, we can apologize to the civil lib- by the House of Representatives lavished bil- government. But the stimulus package ertarians later. lions of dollars on the wealthiest of Ameri- passed by the House of Representatives will Those are the arguments of the phony- cans—the same fortunate few who enjoyed do little to assist a near term recovery and tough. At a time when even liberals are de- most of the tax cut passed earlier this year. is likely to undermine growth in the long bating the ethics of torture of suspects— But the House offered only crumbs to the hun- term. weighing the distaste for barbarism against dreds of thousands who have lost their jobs The basic principles in designing an eco- the need to save innocent lives—it’s time for and whose families are on the brink of eco- nomic stimulus are: (1) that it be targeted to conservative iconoclasts and card-carrying nomic catastrophe. increase spending immediately; and (2) that hard-liners to stand up for American values. it be temporary, phasing out when the econ- To meet a terrorist emergency, of course The criticism of that House stimulus bill was omy recovers. some rules should be stretched and new laws by no means partisan in nature. This is a bill The bill passed by the House fails on both passed. An ethnic dragnet rounding up visa- that, in the words of the Wall Street Journal’s counts. First, it mainly provides permanent skippers or questioning foreign students, if November 1 editorial, ‘‘mainly padded cor- tax cuts rather than the temporary measures short-term, is borderline tolerable. porate bottom lines.’’ No less a conservative required by prudent fiscal policy. Second, Congress’s new law permitting warranted stalwart than Kevin Phillips compared the most of the benefits go to the wealthy and to roving wiretaps is understandable. House-passed bill to ‘‘war profiteering’’ passed large corporations. But let’s get to the target that this blun- ‘‘in the phony name of economic stimulus . . . In addition to being inequitable, tax cuts derbuss order is intended to hit. Here’s the Over three-quarters of the hundred billion [dol- for the wealthy are less likely to be spent big worry in Washington now: What do we do quickly than are benefits to low-income fam- lars cost] goes for business and upper income if Osama bin Laden gives himself up? A prop- ilies and the recently unemployed. The tax er trial like that Israel afforded Adolf Eich- objectives . . . The only real solution is a pub- cuts for large corporations are particularly mann, it is feared, would give the terrorist a lic outcry, tens of millions of pointing finger inappropriate. Large retroactive rebates to a global propaganda platform. Worse, it would and voices saying, ‘Shame!’’’ And that’s just few giant companies will do little to stimu- be likely to result in widespread hostage- the conservative critique of the bill this Repub- late an economy suffering from insufficient taking by his followers to protect him from lican House of Representatives voted that pro- demand. Moreover, the permanent nature of the punishment he deserves, vides $2.3 billion to Ford Motor Company, these tax cuts is likely to worsen the long- The solution is not to corrupt our judicial term budget outlook and may keep long- tradition by making bin Laden the star of a $1.4 billion to IBM, $830 million to General Motors, and $671 million for General Electric. term interest rates high. new Star Chamber. The solution is to turn The package passed by the House should be his cave into his crypt. When fleeing Taliban But under the Republican bill, Larry Johnson rejected by the Senate and replaced with reveal his whereabouts, our bombers should won’t get a dime. Larry Johnson doesn’t work temporary measures, such as further ex- promptly bid him farewell with 15,000-pound in the corporate boardroom. He cleaned the panded unemployment benefits, that will in- daisy-cutters and 5,000-pound rock- bar and polished the floors at the World Trade crease spending now. penetrators. Center, and now he’s out of a job and denied George A. Akerlof, University of Cali- But what if he broadcasts his intent to sur- unemployment benefits by New York. fornia, Berkeley; Kenneth J. Arrow, render, and walks toward us under a white Stanford University; Martin N. Baily, flag? It is not in our tradition to shoot pris- There are hundreds of thousands of Larry Johnsons, and something is very wrong here. Institute for International Economics; oners. Rather, President Bush should now set Alan Blinder, Princeton University; forth a policy of ‘‘universal surrender’’: all of While 97 percent of employers pay into the Jeff Faux, Economic Policy Institute; Al Qaeda or none. Selective surrender of one unemployment funds, less than 40 percent of Lawrence R. Klein, University of Penn- or a dozen leaders—which would leave cells workers nationally receive unemployment as- sylvania; Franco Modigliani, Massa- in Afghanistan and elsewhere free to fight sistance, a substantial drop over the past 25 chusetts Institute of Technology; on—is unacceptable. We should continue our years. And in some states, the percent that Douglass C. North, Washington Univer- bombardment of bin Laden’s hideouts until qualify is much lower than that. Workers in the sity; William F. Sharpe, Stanford Uni- he agrees to identify and surrender his entire new economy—younger, immigrant, part time, versity; Robert M. Solow, Massachu- terrorist force. setts Institute of Technology; Joseph If he does, our criminal courts can handle lower-income, short-term—are especially hurt E. Stiglitz, Columbia University; them expeditiously. If, as more likely, the by inadequate UI coverage. And economists James Tobin, Yale University; Laura primary terrorist prefers what he thinks of are predicting another 1.5 million could lose D’Andrea Tyson, University of Cali- as martyrdom, that suicidal choice would be their jobs in the next 9 months. Even for those fornia, Berkeley; Janet Yellen, Univer- his—and Americans would have no need of who do qualify, benefit levels are often below sity of California, Berkeley.

VerDate 112000 06:26 Nov 16, 2001 Jkt 099060 PO 00000 Frm 00022 Fmt 0626 Sfmt 0634 E:\CR\FM\A15NO8.074 pfrm04 PsN: E15PT1 November 15, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E2103 INDIA ILLEGALLY DETAINS Mr. Speaker, I would like to place an article ington, where the AFGE members from his re- WIDOW OF HUMAN-RIGHTS AC- from Burning Punjab on the detention of Mrs. gion would come to Congress to press their TIVIST Khalra into the RECORD at this time. legislative agenda. But, Bob was active and [From the Burning Punjab News, Nov. 2, engaged in the legislative process 365 days of 2001] every year. HON. DAN BURTON This past summer, I reconstituted the First MRS. KHALRA HELD OF INDIANA Congressional District’s Labor Task Force and IN THE HOUSE OF REPRESENTATIVES (Our Correspondent) convened a meeting on a very warm day in Amritsar, November 2—The police today Thursday, November 15, 2001 Chicago. Bob was one of the first union rep- early morning arrested Mrs Paramijit Kaur resentatives to confirm his attendance and he Khalra of the Khalra Mission Committee to Mr. BURTON of Indiana. Mr. Speaker, I was was there, struggling to walk with a leg brace disturbed to read that the Indian government prevent disturbance of the peace in the state. She reportedly was arrested at 4:30 a.m. and a walker that was the result of earlier sur- has once again put its utter contempt for basic gery on his leg. He was looking forward, he human rights on public display. At a time hours before the arrival of the Prime Min- ister at 10 a.m. today reportedly from her said, to getting out of the brace and walker, to when India is posturing as an ally in the fight residence here. The police also rounded-up be able to get on with his union’s business against terrorism, it is commiting more ter- six others, including Kirpal Singh Randhwa and the business of the larger labor family at rorism against the minority peoples living with- PHRO vice-president. his previous speed. Bob’s previous speed in its own borders. f often rivaled the speed of light, and even with The Indian government is currently holding the leg brace, we struggled to keep up with Mrs. Paramjit Kaur Khalra and six other Sikh PERSONAL EXPLANATION his pace. human-rights activists in detention supposedly Mr. Speaker, I will greatly miss Bob’s dedi- ‘‘to prevent disruption,’’ or in other words to HON. PORTER J. GOSS cation, unfailing humor and support. My pray- prevent them from carrying out peaceful polit- OF FLORIDA ers and heartfelt condolences go out to his ical activities. Mrs. Khalra is the widow of IN THE HOUSE OF REPRESENTATIVES wife, Judy, and his brother, Ron, and his chil- Jaswant Singh Khalra, the late General Sec- dren: Robert, Jr.; Aaron; Daron; Eric; Cornel; retary of the Human Rights Wing, who ex- Thursday, November 15, 2001 Erica; and Shannon. posed India’s brutal policy of picking up young Mr. GOSS. Mr. Speaker, on the afternoon of Chicago, and the Nation, have lost a labor Sikhs, torturing them, killing them, then declar- November 14, I had to depart early for a pre- giant. ing their bodies ‘‘unidentified’’ and secretly viously scheduled meeting at the White f cremating them. Mr. Khalra published a report House. As a result, I was not able to be BEST PHARMACEUTICALS FOR showing that there had been at least 25,000 present for rollcall votes Nos. 439 and 440. CHILDREN ACT Sikhs victimized by this brutal policy. The Had I been present, I would have voted ‘‘yes’’ Khalra Mission Committee, which Mrs. Khalra on both measures. I request that this state- SPEECH OF heads, in conjunction with other human-rights ment appear at the appropriate place in the groups, has subsequently shown that the RECORD. HON. DOUG BEREUTER OF NEBRASKA number is in excess of 50,000. f After Mr. Khalra published this report, he re- IN THE HOUSE OF REPRESENTATIVES ceived a phone call from a police official say- TRIBUTE TO ROBERT CORNEL Tuesday, November 13, 2001 NELSON OF ILLINOIS ing, ‘‘We made 25,000 disappear. We can Mr. BEREUTER. Mr. Speaker, this Member make one more disappear.’’ On September 6, wishes to comment on H.R. 2887, the Best 1995, while he was washing his car, he was HON. BOBBY L. RUSH Pharmaceuticals for Children Act, and would abducted by the police. One eyewitness who OF ILLINOIS like to command the distinguished gentleman saw him while he was in custody said that he IN THE HOUSE OF REPRESENTATIVES from Pennsylvania, Mr. GREENWOOD, the was severely tortured, to the point that he Thursday, November 15, 2001 sponsor of this bill, and the distinguished gen- could barely eat. In late October 1995, Khalra tleman from Louisiana, Mr. TAUZIN, the Chair- was murdered in a police station. None of the Mr. RUSH. Mr. Speaker, it was with great man of the Committee on Energy and Com- police officials responsible for this heinous sadness that I learned last night of the death merce, for bringing this legislation to the crime has ever been punished. All the Indian of one of the giants of the labor movement in House Floor today. government has done is transfer them to other Illinois—Robert Cornel Nelson. Bob died in his Mr. Speaker, this Member is unaware of any police stations, where they can find new vic- sleep on November 7, 2001, just two days shy Member of Congress who opposes the appro- tims to torture. of his 52nd birthday. He was laid to rest today priate testing, evaluation and proper labeling According to ‘‘The Politics of Genocide’’ by in Glenwood, Illinois. of prescription drugs for use in children. We Inderjit Singh Jaijee, the Indian government At the time of his death, Bob Nelson was need to ensure that medicines are safe and has murdered over 250,000 Sikhs since 1984, national vice president of the American Fed- effective for both children and adults. The only over 200,000 Christians in Nagaland since eration of Government Employees’ (AFGE) question for debate is how to accomplish this 1947, over 75,000 Kashmiri Muslims since seventh district, which encompasses Illinois, critical public health objective. 1988, and thousands and thousands of Dalit Michigan and Wisconsin, and was recently As you are aware, the Best Pharmaceuticals ‘‘Untouchables,’’ Tamils, Manipuris, Assam- elected to the position of vice president of the for Children Act would continue a program that ese, tribal people all in pursuit of ‘‘Hindutva’’— Illinois State AFL–CIO. grants prescription drug companies an addi- a Hindu state, society, and culture. Last year, Bob began his union career as a member of tional six-month patent exclusivity, as an in- a government official was quoted as saying AFGE’s local 375 at the Railroad Retirement centive for them to test their drugs on children. that everyone who lives in India must either be Board, and throughout the years, he held a While pediatric exclusivity has resulted in an a Hindu or be subservient to Hindus. That is number of union offices, including second vice increase in the number of pediatric drug stud- not democracy, Mr. Speaker. It is theocracy. It president, first vice president, and ultimately, ies and has provided valuable information to takes more than elections to make a democ- president. pediatricians about how to use drugs in chil- racy; it takes genuine respect for basic human From 1974 to 1980, Bob also served as dren, this Member is concerned about the cur- freedoms. president of the Chicago Area Council of rent law for several reasons. I have serious misgivings about current U.S. AFGE locals and in 1974 was elected presi- Most importantly, the law has imposed high- plans to resume arms sales to India. We dent of the AFGE Railroad Retirement Board er prices on consumers because it delays the should very cautious in considering such an Council—a position which he held until he was introduction of lower-priced generic drugs for aid resumption, especially given India’s terrible elected to the seventh district national vice an additional six months. This Member is also human-rights record. We should also support president’s position in October 1986, and was concerned that the pediatric exclusivity provi- a free and fair plebiscite on independence in reelected to that position five times. sion provides substantial incentives to drug Khalistan, Kashmir, Christian Nagaland, and As national vice president of the seventh companies to test drugs that have high sales, all the countries seeking their freedom from district, Bob sat on AFGE’s national executive particularly among adults, rather than those India. This is the best thing we can do for board and chaired both the legislative and drugs which pediatricians need more informa- freedom, peace, prosperity, and stability in legal rights committees. Every two years, Bob tion. It appears that brand name drug compa- South Asia. held a legislative breakfast here in Wash- nies are receiving six months of exclusivity for

VerDate 112000 06:33 Nov 16, 2001 Jkt 099060 PO 00000 Frm 00023 Fmt 0626 Sfmt 9920 E:\CR\FM\A15NO8.079 pfrm04 PsN: E15PT1 E2104 CONGRESSIONAL RECORD — Extensions of Remarks November 15, 2001 testing a drug on children, even when that Security guards asked Mr. Babra to remove Mr. Speaker, I would like to place the testing is of minimal value because it is for an his turban. Mr. Babra suggested that the Rediff.com article on the Babra case in the indication that rarely occurs in children, such guard use a hand-held scanner to scan his RECORD for the information of my colleagues. as ulcers, hypertension, or Type II (adult- turban. The security guard wouldn’t accept [From Rediff.com, Nov. 10, 2001] onset) diabetes. However, there seems to be that and made him remove his turban imme- CANADIAN SIKH FORCED TO REMOVE TURBAN adequate provisions which would cause com- diately. AT LAGUARDIA panies to initiate such testing to gain an addi- Mr. Speaker, the turban is a religious sym- (By Ajit Jain) tional six-month patent exclusivity only upon bol. It is required by the Sikh religion. It is one Surjit Babra, president of the $100 million FDA request. of the five symbols every Sikh is required to Furthermore, pediatric exclusivity provides portfolio SkyLink, ‘‘was forced to remove carry on his person. Removing a Sikh’s turban his turban’’ at LaGuardia airport in New little incentive to test drugs that are still under is an insult to him and to the Sikh faith. York, allegedly as part of a security inspec- patent, but do not result in high profits. It ap- Dr. Gurmit Singh Aulakh, President of the tion. pears that pediatric exclusivity leaves many Council of Khalistan, who visits my office In a press release, Indo-Canadian Member drugs unstudied in children, because the drug often, sports a bright saffron turban. It looks of Parliament Gurbax Malhi, himself a companies believe they will not make enough very impressive. He is a committed, practicing turbaned Sikh, said that ‘‘while under- standing and sharing the terrible cir- from six months of additional patent protec- Sikh and he will not remove his turban in pub- tion. cumstances that have led to this point’’, the lic under any circumstances. I am sure other United States should ‘‘train and educate se- f Sikhs feel the same way. They should not be curity personnel so that they will respect TURBAN IS RELIGIOUS SYMBOL; IT harassed by asking them to remove their tur- the right of people of the Sikh religion to MUST NOT BE REMOVED bans at routine security checks at the airport. wear turbans and not subject them to this I agree with Gurbax Singh Malhi, a Sikh undignified and unnecessary procedure’’. member of the Canadian Parliament, who said Rediff.com tried to reach Babra several HON. EDOLPHUS TOWNS that ‘‘while understanding and sharing the ter- times, but he wouldn’t respond to telephone calls. OF NEW YORK rible circumstances that have led to this IN THE HOUSE OF REPRESENTATIVES Businessman Garry Singh, a close friend of point’’, the United States should ‘‘train and Babra, recounted that it was on Wednesday Thursday, November 15, 2001 educate security personnel so that they will re- evening, when he was going through security Mr. TOWNS. Mr. Speaker, I was distressed spect the right of people of the Sikh religion to before boarding his flight to Toronto at to find out that another Sikh was forced to re- wear turbans and not subject them to this un- LaGuardia, that the incident took place. move his turban at LaGuardia Airport in New dignified and unnecessary procedure’’. Babra was asked to remove his turban by I urge Transportation Secretary Mineta to the security guard. The Sikh businessman York. I am from New York, as you know, and suggested that the guard use a hand-held it particularly distresses me to learn that this order the FAA to stop the harassment of Sikhs scanner to scan his turban. If he were still occurred in my home city. and order that their turbans not be removed not satisfied, he would then remove his tur- According to the website Rediff.com, Surjit unless other security means show an absolute ban. Babra, president of a $100 million company necessity to do so. The security guard wouldn’t accept that called SkyLink, ‘‘was forced to remove his tur- America is a land of freedom. Sikhs come and made him remove his turban imme- ban’’ at LaGuardia airport in New York, alleg- here to escape from the repression they suffer diately. edly as part of a security inspection. Mr. Babra in India. They have contributed to every as- Malhi said, ‘‘In Canada we have learned to respect religious symbols.’’ The Royal Cana- is a Canadian Sikh who was trying to board a pect of American life. We even had one Sikh, dian Mounted Police has changed its rules to flight back to Toronto. Previously, a sitting Dalip Singh Saund, who served in this House allow Sikhs to wear turbans on duty. judge who is Sikh was forced to remove his in the early 60s. America must respect the re- Barbra’s SkyLink moves U.N. peace- turban at the same airport. We must clean up ligious freedom of Sikhs just as it respects the keeping personnel and equipment to various the security procedures at this airport. religious freedom of other faiths. countries in the world.

VerDate 112000 06:26 Nov 16, 2001 Jkt 099060 PO 00000 Frm 00024 Fmt 0626 Sfmt 0634 E:\CR\FM\A15NO8.082 pfrm04 PsN: E15PT1 Thursday, November 15, 2001 Daily Digest

HIGHLIGHTS Senate passed Veterans Benefits Act. House Committee ordered reported the Help America Vote Act. The House and Senate passed H.J. Res. 74, Making Continuing Appro- priations for FY 2001 through December 7. The House passed H.R. 2269, Retirement Security Advice Act. Senate Reid (for Rockefeller/Specter) Amendment No. Chamber Action 2149, in the nature of a substitute. Pages S11871–72 Routine Proceedings, pages S11869–S11972 Reid (for Rockefeller/Specter) Amendment No. Measures Introduced: Twelve bills and two resolu- 2150, to amend the title. Page S11872 tions were introduced, as follows: S. 1705–1716, S. Internet Tax Nondiscrimination Act: Senate Res. 181, and S. Con. Res. 84. Page S11940 passed H.R. 1552, to extend the moratorium enacted Measures Reported: by the Internet Tax Freedom Act through November S. 1008, to amend the Energy Policy Act of 1992 1, 2003, after rejecting the following amendment to develop the United States Climate Change Re- proposed thereto: Pages S11902–14 sponse Strategy with the goal of stabilization of Enzi Amendment No. 2155, to foster innovation greenhouse gas concentrations in the atmosphere at and technological advancement in the development a level that would prevent dangerous anthropogenic of the Internet and electronic commerce, and to as- interference with the climate system, while mini- sist the States in simplifying their sales and use mizing adverse short-term and long-term economic taxes. (By 57 yeas to 43 nays (Vote No. 341), Senate and social impacts, aligning the Strategy with tabled the amendment.) Pages S11905–14 United States energy policy, and promoting a sound Homestake Mine Conveyance Act: Committee on national environmental policy, to establish a research Environment and Public Works was discharged from and development program that focuses on bold tech- further consideration of S. 1389, to provide for the nological breakthroughs that make significant conveyance of certain real property in South Dakota progress toward the goal of stabilization of green- to the State of South Dakota with indemnification house gas concentrations, to establish the National by the United States government, and the bill was Office of Climate Change Response within the Exec- then passed, after agreeing to the following amend- utive Office of the President., with amendments. (S. ment proposed thereto: Page S11916 Rept. No. 107–99) Page S11939 Daschle Amendment No. 2161, in the nature of Measures Passed: a substitute. Page S11916 Veterans Benefits Act: Committee on Veterans’ Homeless Veterans Assistance Act: Senate passed Affairs was discharged from further consideration of S. 739, to amend title 38, United States Code, to H.R. 2540, to amend title 38, United States Code, improve programs for homeless veterans, after agree- to provide a cost-of-living adjustment in the rates of ing to a committee amendment in the nature of a disability compensation for veterans with service- substitute. Pages S11917–19 connected disabilities and the rates of dependency and indemnity compensation for survivors of such Report Elimination Prevention: Senate passed veterans, and the bill was then passed, after agreeing H.R. 1042, to require agencies to continue certain to the following amendments proposed thereto: reports to Congress that are now slated for elimi- Pages S11871–72 nation pursuant to the Federal Reports Elimination D1150

VerDate 11-MAY-2000 06:06 Nov 16, 2001 Jkt 099060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D15NO1.REC pfrm04 PsN: D15NO1 November 15, 2001 CONGRESSIONAL RECORD — DAILY DIGEST D1151

and Sunset Act of 1995, clearing the measure for the Small Business Investment Act of 1958, after agree- President. Pages S11919–20 ing to the following amendment proposed thereto: Office of Government Ethics Authorization Act: Pages S11923–26 Senate passed S. 1202, to amend the Ethics in Gov- Reid (for Bond/Kerry) Amendment No. 2160, to ernment Act of 1978 (5 U.S.C. App.) to extend the amend the bill with respect to subsidy fees. authorization of appropriations for the Office of Gov- Pages S11923–26 ernment Ethics through fiscal year 2006. Page S11920 Muscular Dystrophy-CARE Act: Senate passed H.R. 717, to amend the Public Health Service Act Continuing Resolution: Senate passed H.J. Res. to provide for research with respect to various forms 74, making further continuing appropriations for the of muscular dystrophy, including Duchenne, Becker, fiscal year 2002, clearing the measure for the Presi- limb girdle, congenital, facioscapulohumeral, dent. Page S11920 myotonic, oculopharyngeal, distal, and Emery- James A. McClure Federal Building Designa- Dreifuss muscular dystrophies, after agreeing to a tions: Senate passed S. 1459, to designate the Fed- committee amendment. Page S11926 eral building and United States courthouse located at Property Vandalism and Destruction Reduction: 550 West Fort Street in Boise, Idaho, as the ‘‘James Senate passed H.R. 2924, to provide authority to the A. McClure Federal Building and United States Federal Power Marketing Administrations to reduce Courthouse’’. Page S11921 vandalism and destruction of property, clearing the Wayne Lyman Morse United States Courthouse measure for the President. Pages S11926–27 Designation: Senate passed S. 1270, to designate the Agriculture Appropriations Conference Report: United States courthouse to be constructed at 8th By 92 yeas to 7 nays (Vote No. 339), Senate agreed Avenue and Mill Street in Eugene, Oregon, as the to the conference report on H.R. 2330, making ap- ‘‘Wayne Lyman Morse United States Courthouse’’. propriations for Agriculture, Rural Development, Page S11921 Food and Drug Administration, and Related Agen- Afghan Women and Children Relief Act: Senate cies programs for the fiscal year ending September passed S. 1573, to authorize the provision of edu- 30, 2002, clearing the measure for the President. cational and health care assistance to the women and Pages S11872–78 children of Afghanistan, after agreeing to the fol- Commerce, Justice, State Appropriation Con- lowing amendment proposed thereto: Pages S11921–22 ference Report: By 98 yeas to 1 nay (Vote No. Reid (for Hutchison) Amendment No. 2158, to 340), Senate agreed to the conference report on H.R. amend the reporting and funding provisions. 2500, making appropriations for the Departments of Page S11922 Commerce, Justice, and State, the Judiciary, and re- lated agencies for the fiscal year ending September Legal Representation Authorizations: Senate 30, 2002, clearing the measure for the President. agreed to S. Res. 181, to authorize testimony, docu- Pages S11878–86 ment production, and legal representation in State of Idaho v. Joseph Daniel Hooper. Page S11922 Intellectual Property and High Technology Technical Amendments Act: Senate concurred in United Kingdom Alliance Appreciations: Senate the amendment of the House to S. 320, to make agreed to S. Res. 174, expressing appreciation to the technical corrections in patent, copyright, and trade- United Kingdom for its solidarity and leadership as mark laws, with a further amendment as follows: an ally of the United States and reaffirming the spe- Page S11926 cial relationship between the two countries. Reid (for Hatch) Amendment No. 2162 (to the Pages S11922–23 amendment of the House), in the nature of a sub- National Pearl Harbor Remembrance Day: stitute. Page S11926 Committee on the Judiciary was discharged from Aviation Security Act Conference Report— further consideration of S. Con. Res. 44, expressing Agreement: A unanimous-consent-time agreement the sense of the Congress regarding National Pearl was reached providing for consideration of the con- Harbor Remembrance Day, and the resolution was ference report on S. 1447, to improve aviation secu- then agreed to, after agreeing to the following rity. Page S11915 amendment proposed thereto: Page S11923 Executive Reports of Committees: Senate received Reid (for Fitzgerald/Durbin) Amendment No. the following executive report of a committee: 2159, in the nature of a substitute. Page S11923 Report to accompany Protocol Relating To The Small Business Investment Company Amend- Madrid Agreement (Treaty Doc. 106–41) (Ex. Rept. ments Act: Senate passed S. 1196, to amend the 107–1) Pages S11939–40

VerDate 11-MAY-2000 05:54 Nov 16, 2001 Jkt 099060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D15NO1.REC pfrm04 PsN: D15NO1 D1152 CONGRESSIONAL RECORD — DAILY DIGEST November 15, 2001

Messages From the President: Senate received the Constance Berry Newman, of Illinois, to be an As- following message from the President of the United sistant Administrator of the United States Agency States: for International Development. Transmitting, pursuant to law, a report on the Melvin F. Sembler, of Florida, to be Ambassador seventh biennial revision (2002–2006) to the United to Italy. States Arctic Research Plan; to the Committee on Robert M. Beecroft, of Maryland, a Career Mem- Governmental Affairs. (PM–59) Page S11939 ber of the Senior Foreign Service, Class of Minister- Nominations Confirmed: Senate confirmed the fol- Counselor, for the rank of Ambassador during his lowing nominations: tenure of service as Head of Mission, Organization Odessa F. Vincent, of the District of Columbia, to for Security and Cooperation in Europe (OSCE), Bos- be an Associate Judge of the Superior Court of the nia and Herzegovina. District of Columbia for the term of fifteen years. Charles Lester Pritchard, of Virginia, for the rank Raymond F. Burghardt, of Florida, to be Ambas- of Ambassador during his tenure of service as Special sador to the Socialist Republic of Vietnam. Envoy for Negotiations with the Democratic People’s Ronald Weiser, of Michigan, to be Ambassador to Republic of Korea (DPRK) and United States Rep- the Slovak Republic. resentative to the Korean Peninsula Energy Develop- J. Richard Blankenship, of Florida, to be Ambas- ment Organization (KEDO). sador to the Commonwealth of The Bahamas. John Marshall, of Virginia, to be an Assistant Ad- George L. Argyros, Sr., of California, to be Am- ministrator of the United States Agency for Inter- bassador to Spain, and to serve concurrently and national Development. without additional compensation as Ambassador to Darryl Norman Johnson, of Washington, to be Andorra. Ambassador to the Kingdom of Thailand. Cynthia Shepard Perry, of Texas, to be United A routine list in the Foreign Service. States Director of the African Development Bank for Pages S11971–72 a term of five years. Nominations Received: Senate received the fol- Jose A. Fourquet, of New Jersey, to be United lowing nominations: States Executive Director of the Inter-American De- Vickers B. Meadows, of Virginia, to be an Assist- velopment Bank for a term of three years. ant Secretary of Housing and Urban Development. Larry Miles Dinger, of Iowa, to be Ambassador to Beverly Cook, of Idaho, to be an Assistant Sec- the Federated States of Micronesia. retary of Energy (Environment, Safety and Health). Charles Lawrence Greenwood, Jr., of Florida, a Ca- J. Paul Gilman, of Virginia, to be an Assistant reer Member of the Senior Foreign Service, Class of Administrator of the Environmental Protection Minister-Counselor, for the rank of Ambassador dur- Agency. ing his tenure of service as Coordinator for Asia Pa- Morris X. Winn, of Texas, to be an Assistant Ad- cific Economic Cooperation (APEC). ministrator of the Environmental Protection Agency. Stephan Michael Minikes, of the District of Co- Edward Kingman, Jr., of Maryland, to be an As- lumbia, to be U.S. Representative to the Organiza- sistant Secretary of the Treasury. tion for Security and Cooperation in Europe, with Edward Kingman, Jr., of Maryland, to be Chief the rank of Ambassador. Financial Officer, Department of the Treasury. Lyons Brown, Jr., of Kentucky, to be Ambassador Arthur E. Dewey, of Maryland, to be an Assistant to the Republic of Austria. Secretary of State (Population, Refugees, and Migra- Ernest L. Johnson, of Louisiana, to be an Alternate tion). Representative of the United States of America to the Fifty-sixth Session of the General Assembly of Louis Kincannon, of Virginia, to be Director of the United Nations. the Census. William J. Hybl, of Colorado, to be Representa- Michael A. Battle, of New York, to be United tive of the United States of America to the Fifty- States Attorney for the Western District of New sixth Session of the General Assembly of the United York for a term of four years. Nations. Melanie Sabelhaus, of Maryland, to be Deputy Nancy Cain Marcus, of Texas, to be an Alternate Administrator of the Small Business Administration. Representative of the United States of America to A routine list in the Army. Pages S11970–71 the Fifty-sixth Session of the General Assembly of Nominations Withdrawn: Senate received notifica- the United Nations. tion of withdrawal of the following nominations: William D. Montgomery, of Pennsylvania, to be Shirlee Bowne, of Florida, to be a Director of the Ambassador to the Federal Republic of Yugoslavia. Federal Housing Finance Board for a term expiring

VerDate 11-MAY-2000 05:54 Nov 16, 2001 Jkt 099060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D15NO1.REC pfrm04 PsN: D15NO1 November 15, 2001 CONGRESSIONAL RECORD — DAILY DIGEST D1153 February 27, 2004, which was sent to the Senate on NOMINATIONS September 14, 2001. Page S11972 Committee on Banking, Housing, and Urban Affairs: Messages From the House: Page S11939 Committee concluded hearings on the nominations Measures Referred: Page S11939 of Allan I. Mendelowitz, of Connecticut, Franz S. Leichter, of New York, and John Thomas Korsmo, Executive Communications: Page S11939 of North Dakota, each to be a Director, all of the Executive Reports of Committees: Pages S11939–40 Federal Housing Finance Board, Eduardo Aguirre, Additional Cosponsors: Pages S11940–41 Jr., of Texas, to be First Vice President of the Ex- port-Import Bank of the United States, and Randall Statements on Introduced Bills/Resolutions: S. Kroszner, of Illinois, to be a Member of the Coun- Pages S11941–58 cil of Economic Advisers. Additional Statements: Pages S11938–39 NOMINATION Amendments Submitted: Pages S11958–69 Committee on Commerce, Science, and Transportation: Authority for Committees to Meet: Page S11970 Committee concluded hearings on the nomination of Privilege of the Floor: Page S11970 William Schubert, of Texas, to be Administrator of Record Votes: Three record votes were taken today. the Maritime Administration, Department of Trans- portation, after the nominee testified and answered (Total–341) Pages S11878, S11886, S11914 questions in his own behalf. Adjournment: Senate met at 10 a.m., and ad- journed at 8:34 p.m., until 10 a.m., on Friday, No- CLEAN POWER ACT vember 16, 2001. (For Senate’s program, see the re- Committee on Environment and Public Works: Com- marks of the Acting Majority Leader in today’s mittee concluded hearings on S. 556, to amend the Record on page S11970.) Clean Air Act to reduce emissions from electric pow- erplants, focusing on the bill’s impact on the envi- ronment and the economy, after receiving testimony Committee Meetings from Vermont Governor Howard Dean, Montpelier; (Committees not listed did not meet) Gerard M. Anderson, DTE Energy Resources/DTE Energy Company, Detroit, Michigan, and Jeff Sterba, NEW FEDERAL FARM BILL Public Service Company of New Mexico, Albu- querque, both on behalf of the Edison Electric Insti- Committee on Agriculture, Nutrition, and Forestry: Com- tute; Robert LaCount, Jr., PG&E National Energy mittee ordered favorably reported an original bill, to Group, Bethesda, Maryland; Jeffrey C. Smith, Insti- strengthen the safety net for agricultural producers, tute of Clean Air Companies, David G. Hawkins, to enhance resource conservation and rural develop- Natural Resources Defense Council, and Ronald J. ment, to provide for farm credit, agricultural re- Tipton, National Parks Conservation Association, all search, nutrition, and related programs, and to en- of Washington, D.C.; John L. Kirkwood, American sure consumers abundant food and fiber. Lung Association, New York, New York; and Bill TERRORIST ORGANIZATIONS Banig, United Mine Workers of America, Fairfax, Virginia. Committee on Armed Services: Subcommittee on Emerg- ing Threats and Capabilities concluded hearings to NOMINATIONS examine terrorist organizations and motivations, after Committee on Finance: Committee concluded hearings receiving testimony from Jerrold M. Post, George on the nominations of Richard Clarida, of Con- Washington University Political Psychology Pro- necticut, to be Assistant Secretary for Economic Pol- gram, Washington, D.C.; and Brian M. Jenkins, icy, Kenneth Lawson, of Florida, to be Assistant Sec- RAND Corporation, Santa Monica, California. retary for Enforcement, and B. John Williams, Jr., of Virginia, to be Chief Counsel for the Internal TERRORIST ORGANIZATIONS Revenue Service and Assistant General Counsel, all Committee on Armed Services: Subcommittee on Emerg- of the Department of the Treasury, James B. ing Threats and Capabilities met in closed session to Lockhart III, of Connecticut, to be Deputy Commis- receive a briefing on terrorist organizations and mo- sioner of Social Security, and Harold Daub, of Ne- tivations from Jennifer L. Oatman, Senior Terrorism braska, to be a Member of the Social Security Advi- Analyst, Joint Terrorism Analysis Center, Intel- sory Board, both of the Social Security Administra- ligence Directorate, J–2, The Joint Staff; and an offi- tion, and Janet Hale, of Virginia, to be Assistant cial of the intelligence community. Secretary for Management and Budget, and Joan E.

VerDate 11-MAY-2000 05:54 Nov 16, 2001 Jkt 099060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D15NO1.REC pfrm04 PsN: D15NO1 D1154 CONGRESSIONAL RECORD — DAILY DIGEST November 15, 2001 Ohl, of West Virginia, to be Commissioner of the MEDICARE PAYMENT FOR AMBULANCE Children, Youth, and Family Administration, both SERVICES of the Department of Health and Human Services, Committee on Governmental Affairs: Committee con- after the nominees testified and answered questions cluded oversight hearings to examine the payment in their own behalf. Mr. Daub was introduced by and coverage policies of the Centers for Medicare and Senators Ben Nelson and Hagel. Medicaid Services for ambulance services, after re- ceiving testimony from Thomas A. Scully, Adminis- AID TO AFGHANISTAN trator, Centers for Medicare and Medicaid Services, Committee on Foreign Relations: Subcommittee on Department of Health and Human Services; Laura A. International Operations and Terrorism and the Sub- Dummit, Director, Health Care—Medicare Payment committee on Near Eastern and South Asian Affairs Issues, General Accounting Office; Mark D. concluded joint hearings to examine U.S. efforts to Lindquist, St. Mary’s Regional Health Center, De- deliver humanitarian relief to alleviate hunger and troit Lakes, Minnesota; Gary L. Wingrove, Gold meet other critical needs in Afghanistan, after receiv- Cross Ambulance/Mayo Medical Transport/Mayo ing testimony from Alan Kreczko, Acting Assistant Foundation for Medical Education and Research, Secretary of State for Bureau of Population, Refugees Rochester, Minnesota, on behalf of the Minnesota Ambulance Association; Mark D. Meijer, Life EMS and Migration; Leonard Rogers, Acting Assistant Ambulance Service, Grand Rapids, Michigan, on be- Administrator for Humanitarian Response, and half of the American Ambulance Association; James Bernd McConnell, Director of Central Asian Task N. Pruden, St. Joseph’s Regional Medical Center De- Force, both of the United States Agency for Inter- partment of Emergency Medicine, Paterson, New national Development; and Joel Charny, Refugees Jersey, on behalf of the NJ EMS Coalition; Lori International, Mark Bartolini, International Rescue Moore, International Association of Fire Fighters, Committee, and George Devendorf, Mercy Corps, all Washington, D.C.; and John Sinclair, Central Pierce of Washington, D.C. Fire and Rescue, Tacoma, Washington, on behalf of the International Association of Fire Chiefs. h House of Representatives H. Res. 286, the rule waiving points of order Chamber Action against the conference report was agreed to by voice Reports Filed: Reports were filed today as follows: vote. Page H8217 H.R. 2604, to authorize the United States to par- Resolutions Reported from the Committee on ticipate in and contribute to the seventh replenish- Rules: Agreed to lay the following resolutions on ment of the resources of the Asian Development the table: H. Res. 179, 182, 217, 220, 236, 237, Fund and the fifth replenishment of the resources of 258, 267, and 268. Page H8189 the International Fund for Agricultural Develop- ment, and to set forth additional policies of the Retirement Security Advice Act: The House United States towards the African Development passed H.R. 2269, to amend title I of the Employee Bank, the African Development Fund, the Asian De- Retirement Income Security Act of 1974 and the In- velopment Bank, the Inter-American Development ternal Revenue Code of 1986 to promote the provi- sion of retirement investment advice to workers Bank, and the European Bank for Reconstruction managing their retirement income assets by a re- and Development, amended (H. Rept. 107–291); corded vote of 280 ayes to 144 noes, Roll No. 442. and Pages H8189–H8215 H.R. 2871, to reauthorize the Export-Import Pursuant to the rule, the amendment in the na- Bank of the United States, amended (H. Rept. ture of a substitute printed in part A of H. Rept. 107–292). Page H8244 107–289 was considered as adopted. Page H8191 Guest Chaplain: The prayer was offered by the Rejected the Andrews amendment in the nature of guest Chaplain, Iman Yahya Hendi, Muslim Chap- a substitute printed in part B of H. Rept. 107–289 lain of Georgetown University. Page H8183 and made in order by the rule by a yea-and-nay vote of 180 yeas to 243 nays, Roll No. 441. Page H8214

VerDate 11-MAY-2000 05:54 Nov 16, 2001 Jkt 099060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D15NO1.REC pfrm04 PsN: D15NO1 November 15, 2001 CONGRESSIONAL RECORD — DAILY DIGEST D1155 Earlier agreed to the unanimous consent request and asked for a conference with the Senate. Ap- by Representative Fletcher notwithstanding the oper- pointed as conferees for consideration of the Senate ation of the previous question, that the Chair may bill and the House amendment, and modifications postpone further consideration of the bill to a time committed to conference: Chairman Hyde and Rep- designated by the Speaker on this legislative day resentatives Gilman, Smith of New Jersey, Ros- Page H8210 Lehtinen, Royce, Tancredo, Lantos, Berman, Payne, H. Res. 288, the rule that provided for consider- and McKinney. For consideration of sections 8 and ation of the bill was agreed to by voice vote. 9 of the House amendment, and modifications com- Page H8214 mitted to conference: Chairman Oxley and Rep- Recess: The House recessed at 1:30 p.m. and recon- resentatives Baker, Bachus, LaFalce, and Frank. Pages H8217–19 vened at 2:39 p.m. Page H8213 Suspensions: The House agreed to suspend the rules Making Continuing Appropriations for FY 2001: and pass the following measures that were debated The House passed H.J. Res. 74, making further con- tinuing appropriations for the fiscal year 2001 on Tuesday, Nov. 13. Page H8215 through December 7, 2001. The joint resolution was Urging Expedited Assistance to Children Af- considered by unanimous consent. Pages H8219–27 fected by the Terrorist Attacks on September 11: H. Con. Res. 228, amended, expressing the sense of Presidential Message—Arctic Research Plan: the Congress that the children who lost one or both Read a message from the President wherein he trans- parents or a guardian in the September 11, 2001, mitted the seventh biennial revision (2002–2006) to World Trade Center and Pentagon tragedies (includ- the United States Arctic Research Plan referred to ing the aircraft crash in Somerset County, Pennsyl- the Committee on Science. Page H8227 vania) should be provided with all necessary assist- Amendments: Amendments ordered printed pursu- ance, services, and benefits and urging the heads of ant to the rule appear on pages (See next issue.) Federal agencies responsible for providing such as- Senate messages: Messages received from the Senate sistance, services and benefits to give the highest appear on pages H8213, H8217. possible priority to providing such assistance, serv- Quorum Calls—Votes: Four yea-and-nay votes and ices and benefits to those children (agreed to by a one recorded vote developed during the proceedings yea-and-nay vote of 418 yeas with none voting of the House today and appear on pages H8214, ‘‘nay’’, Roll No. 443. Agreed to amend the title); H8214–15, H8215, H8216, H8216–17. There were Pages H8215–16 no quorum calls. Best Pharmaceuticals for Children: H.R. 2887, Adjournment: The House met at 10 a.m. and at amended, to amend the Federal Food, Drug, and 7:45 p.m. stands in recess subject to the call of the Cosmetic Act to improve the safety and efficacy of Chair. pharmaceuticals for children (agreed to by a yea-and- nay vote of 338 yeas to 86 nays, Roll No. 444); and Page H8216 Committee Meetings Time in Schools for Prayer or Reflection Against BUENA VISTA WATERSHED PROPOSAL; the Forces of International Terrorism: H. Con. Res. USDA BIOSECURITY PROGRAMS 239, expressing the sense of Congress that schools in Committee on Agriculture: Approved the Buena Vista the United States should set aside a sufficient period Watershed Proposal. of time to allow children to pray for, or quietly re- The Committee also held a hearing to review the flect on behalf of, the Nation during this time of USDA Biosecurity Programs and Authorities. Testi- struggle against the forces of international terrorism mony was heard from James R. Moseley, Deputy (agreed to by a yea-and-nay vote of 297 yeas to 125 Secretary, USDA. nays with 1 voting ‘‘present’’, Roll No. 445). BIOTERRORISM AND PROPOSALS TO Pages H8216–17 COMBAT TERRORISM Sudan Peace Act—Request A Conference: The Committee on Energy and Commerce: Held a hearing on House passed S. 180, to facilitate famine relief ef- bioterrorism and proposals to combat terrorism. Tes- forts and a comprehensive solution to the war in timony was heard from Tommy Thompson, Secretary Sudan, after amending it to contain the text of H.R. of Health and Human Services. 2052, to facilitate famine relief efforts and a com- prehensive solution to the war in Sudan, as passed CYBER SECURITY the House. H.R. 2052 was then laid on the table. Committee on Energy and Commerce: Subcommittee on Subsequently, the House insisted on its amendment Commerce, Trade, and Consumer Protection held a

VerDate 11-MAY-2000 05:54 Nov 16, 2001 Jkt 099060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\CR\FM\D15NO1.REC pfrm04 PsN: D15NO1 D1156 CONGRESSIONAL RECORD — DAILY DIGEST November 15, 2001 hearing entitled ‘‘Cyber Security: Private-Sector Ef- Commissioner, INS, Department of Justice; and pub- forts Addressing Cyber Threats.’’ Testimony was lic witnesses. heard from public witnesses. MISCELLANEOUS MEASURES RAISING HEALTH AWARENESS Committee on Resources: Subcommittee on National Committee on Energy and Commerce: Subcommittee on Parks, Recreation and Public Lands approved for full Health held a hearing entitled ‘‘Raising Health Committee action the following bills: H.R. 38, Awareness Through Examining Benign Brain Tumor amended, Homestead National Monument of Amer- Cancer, Alpha One, and Breast Implant Issues.’’ Tes- ica Additions Act; H.R. 1925, amended, to direct timony was heard from public witnesses. the Secretary of the Interior to study the suitability and feasibility of designating the Waco Mammoth NATION’S CAPITAL—EMERGENCY Site Area in Waco, Texas, as a unit of the National PREPAREDNESS Park System; H.R. 1963, to amend the National Committee on Government Reform: Subcommittee on the Trails System Act to designate the route taken by District of Columbia held a hearing on the ‘‘Emer- American soldier and frontiersman, George Rogers gency Preparedness in the Nation’s Capital-Economic Clark and his men during the Revolutionary War to Impact of Terrorists Attacks.’’ Testimony was heard capture the British forts as Kaskaskia and Cahokia, from public witnesses. Illinois, and Vincennes, Indiana, for study for poten- HELP AMERICA VOTE ACT tial addition to the National Trails System; H.R. 2234, amended, Tumacacori National Historical Committee on House Administration: Ordered reported, Park Boundary Revision Act of 2001; H.R. 2238, to as amended, H.R. 3295, Help America Vote Act of authorize the Secretary of the Interior to acquire 2001. Fern Lakes and the surrounding watershed in the AFRICA—WAR ON GLOBAL TERRORISM states of Kentucky and Tennessee for addition to Cumberland Gap National Historical Park; and H.R. Committee on International Relations: Subcommittee on 2440, amended, to rename Wolf Trap Farm Park as Africa held a hearing on Africa and the War on ‘Wolf Trap National Park for the Performing Arts.’ Global Terrorism. Testimony was heard from Susan E. Rice, former Assistant Secretary, Department of WATER INFRASTRUCTURE SECURITY AND State; and public witnesses. RESEARCH DEVELOPMENT ACT NORTHEAST ASIA AFTER 9/11 Committee on Science: Ordered reported, as amended, H.R. 3178, Water Infrastructure Security and Re- Committee on International Relations: Subcommittee on search Development Act. East Asia and the Pacific held a hearing on North- east Asia after 9/11: Regional Trends and Interests. NATIONAL SALES TAX HOLIDAY Testimony was heard from public witnesses. Committee on Small Business: Held a hearing on a na- MISCELLANEOUS MEASURES tional sales tax holiday, and its potential to serve as a stimulus for our nation’s small businesses. Testi- Committee on the Judiciary: Ordered reported the fol- mony was heard from Representatives Graham, lowing bills: H.R. 3275, amended, to implement Abercrombie and Baird; and public witnesses. the International Convention for the Suppression of Terrorists Bombings to strengthen criminal laws re- TOTAL MAXIMUM DAILY LOAD PROGRAM lating to attacks on places of public use, to imple- Committee on Transportation and Infrastructure: Sub- ment the International Convention for the Suppres- committee on Water Resources and Environment sion of the Financing of Terrorism, to combat ter- held a hearing on the Future of the TMDL Program: rorism and defend the Nation against terrorist acts; How to Make TMDLs Effective Tools for Improving H.R. 3209, amended, Anti-Hoax Terrorism Act of Water Quality. Testimony was heard from George 2001; H.R. 3030, Basic Pilot Extension Act of Tracy Mehan III, Assistant Administrator, Office of 2001; and H.R. 1022, Community Recognition Act Water, EPA. of 2001. TEEN PREGNANCY PREVENTION IMMIGRATION REFORM AND Committee on Ways and Means: Subcommittee on ACCOUNTABILITY ACT Human Resources held a hearing on Teen Pregnancy Committee on the Judiciary: Subcommittee on Immi- Prevention. Testimony was heard from Bobby P. gration and Claims held a hearing on H.R. 3231, Jindal, Assistant Secretary, Planning and Evaluation, Immigration Reform and Accountability Act of Department of Health and Human Services; and 2001. Testimony was heard from James W. Ziglar, public witnesses.

VerDate 11-MAY-2000 05:54 Nov 16, 2001 Jkt 099060 PO 00000 Frm 00007 Fmt 0627 Sfmt 0627 E:\CR\FM\D15NO1.REC pfrm04 PsN: D15NO1 November 15, 2001 CONGRESSIONAL RECORD — DAILY DIGEST D1157 QUADRENNIAL INTELLIGENCE COMMUNITY REVIEW Joint Meetings Permanent Select Committee on Intelligence: Sub- AVIATION SECURITY committee on Intelligence Policy and National Secu- Conferees agreed to file a conference report on the dif- rity met in executive session to hold a hearing on ferences between the Senate and House passed Quadrennial Intelligence Community Review. Testi- versions of S. 1447, to improve aviation security. mony was heard from departmental witnesses. f FBI INFORMATION SHARING COMMITTEE MEETINGS FOR Permanent Select Committee on Intelligence: Sub- FRIDAY, NOVEMBER 16, 2001 committee on Terrorism and Homeland Security met (Committee meetings are open unless otherwise indicated) in executive session to hold a hearing on FBI Infor- mation Sharing. Testimony was heard from depart- Senate mental witnesses. No meetings/hearings scheduled.

VerDate 11-MAY-2000 06:06 Nov 16, 2001 Jkt 099060 PO 00000 Frm 00008 Fmt 0627 Sfmt 0627 E:\CR\FM\D15NO1.REC pfrm04 PsN: D15NO1 D1158 CONGRESSIONAL RECORD — DAILY DIGEST November 15, 2001

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Friday, November 16 9 a.m., Friday, November 16

Senate Chamber House Chamber Program for Friday: Senate will be in a period of morn- Program for Friday: Consideration of the conference re- ing business. Also, Senate expects to consider the con- port on S. 1447, Aviation Security Act (subject to a rule); ference report on S. 1447, Aviation Security Act. Consideration of H.R. 3009, Andean Trade Promotion and Drug Eradication Act (subject to a rule); and Consideration of DoD Appropriations (subject to a rule).

Extensions of Remarks, as inserted in this issue

HOUSE Johnson, Eddie Bernice, Tex., E2084, E2089 Scott, Robert C., Va., E2091 Lewis, Jerry, Calif., E2098 Serrano, Jose´ E., N.Y., E2088 Bereuter, Doug, Nebr., E2103 McCarthy, Karen, Mo., E2098 Smith, Adam, Wash., E2096 Brown, Henry E., Jr., S.C., E2084, E2087 McInnis, Scott, Colo., E2081, E2082, E2083, E2084, Stearns, Cliff, Fla., E2088 Burton, Dan, Ind., E2103 E2085, E2086, E2087, E2087, E2089, E2090 Strickland, Ted, Ohio, E2090 Capps, Lois, Calif., E2095 McKinney, Cynthia A., Ga., E2096 Stump, Bob, Ariz., E2092 Conyers, John, Jr., Mich., E2100 Maloney, James H., Conn., E2093 Tauzin, W.J. (Billy), La., E2088 Crenshaw, Ander, Fla., E2093 Matsui, Robert T., Calif., E2083, E2086 Taylor, Charles H., N.C., E2089 Davis, Jo Ann, Va., E2092 Menendez, Robert, N.J., E2082, E2085, E2087, E2089 Thune, John R., S.D., E2100 Davis, Tom, Va., E2092 Miller, George, Calif., E2102 Towns, Edolphus, N.Y., E2104 DeFazio, Peter A., Ore., E2099 Radanovich, George, Calif., E2090, E2094, E2095, E2097 Udall, Mark, Colo., E2097 DeLauro, Rosa L., Conn., E2084, E2086 Rahall, Nick J., II, W.Va., E2087 Underwood, Robert A., Guam, E2081, E2085 Etheridge, Bob, N.C., E2099 Reyes, Silvestre, Tex., E2095 Visclosky, Peter J., Ind., E2100 Forbes, J. Randy, Va., E2092 Ros-Lehtinen, Ileana, Fla., E2090 Waters, Maxine, Calif., E2099 Goss, Porter J., Fla., E2103 Roybal-Allard, Lucille, Calif., E2094 Watson, Diane E., Calif., E2095 Hall, Ralph M., Tex., E2081, E2083 Rush, Bobby L., Ill., E2103 Weiner, Anthony D., N.Y., E2100 Hobson, David L., Ohio, E2090 Schaffer, Bob, Colo., E2081, E2085 Wolf, Frank R., Va., E2091 Israel, Steve, N.Y., E2082, E2086 Schrock, Edward L., Va., E2092

(House proceedings for today will be continued in the next issue of the Record.)

E PL UR UM IB N U U S The public proceedings of each House of Congress, as reported by the Official Reporters thereof, are printed pursuant to directions Congressional Record of the Joint Committee on Printing as authorized by appropriate provisions of Title 44, United States Code, and published for each day that one or both Houses are in session, excepting very infrequent instances when two or more unusually small consecutive issues are printed at one time. ¶ Public access to the Congressional Record is available online through GPO Access, a service of the Government Printing Office, free of charge to the user. The online database is updated each day the Congressional Record is published. The database includes both text and graphics from the beginning of the 103d Congress, 2d session (January 1994) forward. It is available through GPO Access at www.gpo.gov/gpoaccess. Customers can also access this information with WAIS client software, via telnet at swais.access.gpo.gov, or dial-in using communications software and a modem at (202) 512–1661. Questions or comments regarding this database or GPO Access can be directed to the GPO Access User Support Team at: E-Mail: [email protected]; Phone 1–888–293–6498 (toll-free), 202–512–1530 (D.C. area); Fax: 202–512–1262. The Team’s hours of availability are Monday through Friday, 7:00 a.m. to 5:30 p.m., Eastern Standard Time, except Federal holidays. ¶ The Congressional Record paper and 24x microfiche will be furnished by mail to subscribers, free of postage, at the following prices: paper edition, $197.00 for six months, $393.00 per year, or purchased for $4.00 per issue, payable in advance; microfiche edition, $141.00 per year, or purchased for $1.50 per issue payable in advance. The semimonthly Congressional Record Index may be purchased for the same per issue prices. To place an order for any of these products, visit the U.S. Government Online Bookstore at: bookstore.gpo.gov. Mail orders to: Superintendent of Documents, P.O. Box 371954, Pittsburgh, PA 15250–7954, or phone orders to (202) 512–1800, or fax to (202) 512–2250. Remit check or money order, made payable to the Superintendent of Documents, or use VISA, MasterCard, Discover, or GPO Deposit Account. ¶ Following each session of Congress, the daily Congressional Record is revised, printed, permanently bound and sold by the Superintendent of Documents in individual parts or by sets. ¶ With the exception of copyrighted articles, there are no restrictions on the republication of material from the Congressional Record.

VerDate 11-MAY-2000 06:09 Nov 16, 2001 Jkt 099060 PO 00000 Frm 00009 Fmt 0664 Sfmt 0664 E:\CR\FM\D15NO1.REC pfrm04 PsN: D15NO1