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

Vol. 148 WASHINGTON, THURSDAY, MARCH 21, 2002 No. 34 House of Representatives The House was not in session today. Its next meeting will be held on Tuesday, April 9, 2002, at 2 p.m. Senate THURSDAY, MARCH 21, 2002

The Senate met at 9:45 a.m. and was them as they work with our President MEASURE PLACED ON THE called to order by the Honorable ZELL and the House of Representatives, for CALENDAR—H.R. 2804 MILLER, a Senator from the State of whom we seek Thy blessings as well, in Mr. REID. Mr. President, I under- Georgia. the name of Thy beloved Son. Amen. stand that H.R. 2804 is at the desk and The PRESIDING OFFICER. The f is due for its second reading. prayer today will be offered by our The ACTING PRESIDENT pro tem- guest Chaplain, Dr. Calvin McKinney, PLEDGE OF ALLEGIANCE pore. The Senator is correct. Pastor of the Calvary Baptist Church The Honorable ZELL MILLER led the Mr. REID. Mr. President, I ask that in Garfield, NJ. Pledge of Allegiance, as follows: H.R. 2804 be read for a second time and PRAYER I pledge allegiance to the Flag of the I object to any further proceedings at United States of America, and to the Repub- The guest Chaplain offered the fol- this time. lic for which it stands, one nation under God, The ACTING PRESIDENT pro tem- lowing prayer: indivisible, with liberty and justice for all. Gracious Father, beneficent Lord of pore. The clerk will read the title of all mankind, Thou who hast blessed f the bill for a second time. our Nation with blessings beyond APPOINTMENT OF ACTING The assistant legislative clerk read measure, with gratitude we pause in PRESIDENT PRO TEMPORE as follows: this hallowed place simply to say A bill (H.R. 2804) to designate the United The PRESIDING OFFICER. The thank You. Thank You for Your pres- States Courthouse located at 95 Seventh clerk will please read a communication ence with us always. Thank You for the Street in San Francisco, California, as the to the Senate from the President pro joy Your presence brings. Thank You James R. Browning United States Court- tempore (Mr. BYRD). house. even for the challenge and the respon- The legislative clerk read the fol- sibility which is ours by virtue of said The ACTING PRESIDENT pro tem- lowing letter: blessed presence. Your presence with us pore. Objection having been heard, the demands a witness and an example of a U.S. SENATE, bill will be placed on the calendar. PRESIDENT PRO TEMPORE, demonstration of righteousness, love, Washington, DC, March 21, 2002. f peace, and justice; so our prayer is that To the Senate: SCHEDULE You will also bless us to be true to Under the provisions of rule I, paragraph 3, Your cause in all the world. of the Standing Rules of the Senate, I hereby Mr. REID. Mr. President, today the Dear Father, bless the women and appoint the Honorable ZELL MILLER, a Sen- Senate will resume consideration of men of this august body, which rep- ator from the State of Georgia, to perform the Energy Reform Act. The Kyl resents a people so blessed by Thee, to the duties of the Chair. amendment is pending. There will be 4 always seek Thy way and Thy will as is ROBERT C. BYRD, minutes of closing debate prior to the made clear by Thy word. Bless them in President pro tempore. vote in relation to this amendment. their deliberations to purpose always Mr. MILLER thereupon assumed the The majority leader asked me to no- that such seeks Thy face. For, in so chair as Acting President pro tempore. tify all Members that we are attempt- doing, ‘‘Thy will, will be done in the f ing to work out an arrangement on the earth as it is in the heavens.’’ Lott amendment which has also been Lord, grant now our Senators the RECOGNITION OF THE ACTING offered on this legislation. wisdom, courage, and tenacity to fol- MAJORITY LEADER We also have been working with the low after Thee as they conduct the peo- The ACTING PRESIDENT pro tem- minority to come up with a finite list ple’s business. Bless them always with pore. The acting majority leader is rec- of amendments. I spoke with Senator humility and a servant spirit. Bless ognized. MURKOWSKI last evening. He believes

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

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VerDate Mar 15 2010 20:48 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00001 Fmt 4637 Sfmt 0634 E:\2002SENATE\S21MR2.REC S21MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2194 CONGRESSIONAL RECORD — SENATE March 21, 2002 we can come up with a finite list of nates, if adopted, any kind of provision Do you know who these few special amendments, as does Senator BINGA- in this bill that would move us toward interests are? You should find out be- MAN. If we do that, then we are going more use of renewable fuels in the fu- fore you vote against the Kyl amend- to continue to work on this bill and do ture. ment. everything we can to complete it the We need to diversify our supply of en- No. 6, renewables are not reliable. If week we get back. If we don’t get a fi- ergy in this country. We need to be less the Sun doesn’t shine, if the wind does nite list of amendments today, I be- dependent on some certain specific not blow, and if water doesn’t flow, you lieve the majority leader will not go to sources and more dependent on new don’t get energy. But you do out of the energy bill when we get back after technology. That is possible. It is hap- coal, gas, and nuclear. the recess. pening. It is not happening as quickly No. 7, we are already subsidizing the f as it should. renewable fuels to the tune of $1 billion Ninety-five percent of today’s new a year. RESERVATION OF LEADER TIME power generation that is under con- There is a big difference between en- The ACTING PRESIDENT pro tem- struction is gas fired. That is fine as couraging, which we are doing, and pore. Under the previous order, leader- long as the price of gas stays low. But compelling. ship time is reserved. if the price of gas goes back up to what No. 8, the administration supports f it was 18 months ago, then we are going the Kyl amendment and opposes the to see a serious repercussion in the Bingaman amendment. NATIONAL LABORATORIES PART- utility bills of all consumers. No. 9, biomass from Federal land does NERSHIP IMPROVEMENT ACT OF This underlying amendment, which not count. 2001 the Kyl amendment would eliminate, No. 10, there is no principal reason to The ACTING PRESIDENT pro tem- tries to, in a very modest way, move us discriminate against public and private pore. Under the previous order, the toward more use of renewables. It pro- power; yet private power is included in Senate will now resume consideration vides that we have 1 percent in the the Bingaman amendment and public of S. 517, which the clerk will report. year 2005. Various utilities around this power is excluded. The bill clerk read as follows: country would be required to produce 1 I will throw in a bonus reason. A bill (S. 517) to authorize funding the De- percent of the electricity they generate The No. 11 reason to vote for the Kyl partment of Energy to enhance its mission from renewable sources. That is not an amendment and against Bingaman is areas through technology transfer and part- excessive demand. It goes up in very this is the opposite of deregulation, nerships for fiscal years 2002 through 2006, small amounts each year thereafter. which was supposed to be the whole and for other purposes. I believe strongly that the renewable point of the electricity section of the Pending: portfolio standard we have in the bill is pending legislation. The 10-percent Daschle/Bingaman further modified a good provision. The suggestions Sen- mandate is regulation and not deregu- amendment No. 2917, in the nature of a sub- ator KYL and others have made that lation. stitute. this is going to drastically increase ev- I urge you to support the Kyl amend- Feinstein modified amendment No. 2989 (to eryone’s electricity bills is not borne ment. amendment No. 2917), to provide regulatory out by the analyses that have been oversight over energy trading markets and RENEWABLE PORTFOLIO STANDARD APPLICATION made. The Energy Information Admin- Mr. LEVIN. Mr. President, I com- metals trading markets. istration has analyzed this. At the re- Kerry/McCain amendment No. 2999 (to mend the Chairman for his fairness and amendment No. 2917), to provide for in- quest of Senator MURKOWSKI, they have diligence in setting a goal for energy creased average fuel economy standards for concluded that this does not raise en- suppliers to meet a renewable portfolio passenger automobiles and light trucks. ergy prices. standard that ensures power supply The ACTING PRESIDENT pro tem- Dayton/Grassley amendment No. 3008 (to from a diverse mix of fuels and tech- amendment No. 2917), to require that Federal pore. The Senator from Arizona is rec- nologies. I thank the Chairman and his agencies use ethanol-blended gasoline and ognized. biodiesel-blended diesel fuel in areas in Mr. KYL. Mr. President, let me give staff for working with my staff to an- which ethanol-blended gasoline and bio- you the 10 reasons we should support swer questions concerning how the re- diesel-blended diesel fuel are available. the Kyl amendment. newable portfolio standard would work. Bingaman amendment No. 3016 (to amend- No. 1, the Bingaman amendment is We understand the definition for quali- ment No. 2917), to clarify the provisions re- fying facilities covers existing hydro lating to the Renewable Portfolio Standard. the command-economy amendment, a 10-percent mandate, and the Kyl facilities including pumped storage. Lott amendment No. 3028 (to amendment This is important to the State of No. 2917), to provide for the fair treatment of amendment is for State choice. Presidential judicial nominees. No. 2, the Bingaman amendment is Michigan and we appreciate the clari- Lott amendment No. 3033 (to amendment very costly, at $88 billion over 15 years fication. No. 2989), to provide for the fair treatment of and then $12 billion each year after Ms. STABENOW. Mr. President, I Presidential judicial nominees. that—paid for by the electricity con- echo the statements of the senior Sen- Lincoln modified amendment No. 3023 (to sumers. ator from Michigan, and thank the amendment No. 2917), to expand the eligi- If you would like to know how much Chairman for his work on developing a bility to receive biodiesel credits and to re- your electricity consumers are going to strong renewable portfolio standard. quire the Secretary of Energy to conduct a My question is whether renewable study on alternative fueled vehicles and al- be paying under the Bingaman amend- ternative fuels. ment, I have all the information right power could be measured by plant gen- Kyl amendment No. 3038 (to amendment here. You had better consult this be- erating capacity or throughout to the No. 3016), to provide for appropriate State fore you vote against the Kyl amend- customer. regulatory authority with respect to renew- ment. Mr. BINGAMAN. That is correct. able sources of electricity. No. 3, the Bingaman amendment is Pumped hydro is included as an exist- AMENDMENT NO. 3038 discriminatory. The Bingaman amend- ing renewable. With regard to how re- The ACTING PRESIDENT pro tem- ment provides that some areas sub- newable power is measured, we intend pore. Under the previous order, there sidize people in other parts of country. the Secretary of Energy or the Federal will now be 4 minutes of debate to be No. 4, hydro is not included. Yet, of Energy Regulatory Commission would equally divided in the usual form on all the renewables, hydro is about 7 set a normalized level for all hydro fa- the Kyl amendment No. 3038. percent of the electricity production. cilities, taking into consideration ca- The Senator from New Mexico. The other renewables are only about 2 pacity and generation at normal or his- Mr. BINGAMAN. Mr. President, I will percent. torical average water flows. For other go ahead and use the 2 minutes in op- No. 5, it will benefit just a few com- renewable technologies, the volume is position to the Kyl amendment, and panies. According to the Energy Infor- calculated based on actual generation. then the sponsor, Senator KYL, will use mation Administration, wind is the There has been some misunderstanding the final 2 minutes. only economical way to produce this about the Texas plan, on which my The main reason to oppose this power, and it is concentrated in just a amendment if modeled. The Texas stat- amendment is that it totally elimi- few areas. ute set an overall increase in capacity,

VerDate Mar 15 2010 20:48 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00002 Fmt 4637 Sfmt 0634 E:\2002SENATE\S21MR2.REC S21MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 21, 2002 CONGRESSIONAL RECORD — SENATE S2195 but in the implementation the require- other words, good intentions could (and like- Mr. REID. I move to reconsider the ment was converted to a generation ly will at some point) go astray. vote. measure. A generation metric is crit- Second, a set percentage goal deprives Mr. BINGAMAN. I move to lay that states of the ability to address these issues ical to ensure efficient operation of and craft a resolution on the basis of local motion on the table. these facilities. conditions. For instance, economically effi- The motion to lay on the table was Mr. LEVIN. I thank my friend from cient renewable energy may be much more agreed to. New Mexico, the Chairman of the En- achievable in rural and sunbelt states that The PRESIDING OFFICER. The Sen- ergy Committee. have the potential to develop solar and wind ator from Nevada. Ms. STABENOW. I thank my friend energy. Mr. REID. Madam President, I ask In conclusion, as you consider the issue of unanimous consent that at 12 noon from New Mexico. renewable portfolio standards, we urge your The ACTING PRESIDENT pro tem- support of the flexible approach found in the today, Senator LOTT’s amendment No. pore. All time has expired. Kyl amendment. 3033 be considered a first-degree Mr. KYL. Mr. President, I ask unani- Sincerely, amendment, and that it be laid aside mous consent that two letters be print- ROBERT K. JOHNSON, for the amendment which is at the ed in the RECORD. Executive Director. desk. There being no objection, the letters Mr. KYL. Mr. President, have the The PRESIDING OFFICER. Without were ordered to be printed in the yeas and nays been ordered on this objection, it is so ordered. RECORD, as follows: amendment? Mr. REID. I further ask unanimous COALITION FOR AFFORDABLE AND The ACTING PRESIDENT pro tem- consent that there be 3 hours for de- RELIABLE ENERGY, pore. The yeas and nays have not been bate on both amendments, beginning at March 19, 2002. ordered. noon today, equally divided between Senator JON KYL, Mr. KYL. Mr. President, I ask for the the chairman and ranking member of Hart Senate Office Building, yeas and nays. the Judiciary Committee, or their des- U.S. Senate, Washington, DC. The ACTING PRESIDENT pro tem- ignees; that at the conclusion of that DEAR SENATOR KYL: The Coalition for Af- pore. Is there a sufficient second? time, the Senate vote on Senator fordable and Reliable Energy (CARE) en- There is a sufficient second. LEAHY’s amendment, and following dis- dorses your amendment to the Renewable The question is on agreeing to the Portfolio Standard (RPS) provisions of the amendment, and the clerk will call the position of that amendment, the Sen- Energy Policy Act (S. 517). While CARE roll. ate vote on Senator LOTT’s amend- strongly supports the increased use of all do- The legislative clerk called the roll. ment, with no intervening action or de- mestic energy resources, including renew- bate in order prior to the disposition of able forms of energy, we are opposed to pre- Mr. NICKLES. I announce that the Senator from Alabama (Mr. SHELBY) is these two amendments. scribed national mandates and timetables The PRESIDING OFFICER. Without for the use of specific energy resources. necessarily absent. CARE is concerned that mandating the use I further announce that the Senator objection, it is so ordered. of particular sources of energy will substan- from Virginia (Mr. WARNER) is absent Mr. REID. Madam President, the tially increase the cost of electricity and on official business. time from now until noon will be used may be difficult to achieve. Your RPS I further announce that if present as follows: Senator ROBERTS has a amendment will, instead, permit states to and voting the Senator from Virginia statement that will take less than 10 appropriately consider their individual elec- (Mr. WARNER) would vote ‘‘yea.’’ minutes; is that right? tricity needs and their ability to meet those The PRESIDING OFFICER. Are there Mr. ROBERTS. I imagine, I tell my needs in affordable and reliable ways. Under any other Senators in the Chamber de- distinguished colleague, about 12 or 15 your amendment, states will also be free to significantly enhance the use of renewables siring to vote? minutes. to generate electricity without the burden of The result was announced—yeas 40, Mr. REID. Senator MILLER wishes to Federal mandates and timetables. nays 58, as follows: speak for 10 minutes. We also have a Senator Kyl, on behalf of CARE’s broad [Rollcall Vote No. 55 Leg.] speech that Senator BYRD indicated and diverse membership, I commend you for YEAS—40 several days ago he wanted to give offering this amendment to the Renewable Allard Enzi Miller which will take more time, approxi- Portfolio Standard provisions of S. 517 and Allen Frist Murkowski mately 22 minutes. urge its adoption. Bennett Gramm Nickles I say to my friend, the distinguished Sincerely, Bond Hagel Roberts President pro tempore, who is in the PAUL OAKLEY, Bunning Hatch Santorum Executive Director. Burns Helms Sessions Chamber now, I know the Senator has Byrd Hutchinson Smith (NH) been involved in other matters this Campbell Hutchison Stevens ELECTRIC CONSUMERS’ ALLIANCE, Cleland Inhofe morning. Is it possible for the Senator Thomas Indianapolis, IN, March 14, 2002. Cochran Kyl to speak at a subsequent time or does Thompson Hon. JON KYL, Craig Lott Thurmond the Senator wish to speak now? U.S. Senate, Crapo Lugar Voinovich Mr. BYRD. Madam President, my Hart Bldg., Washington, DC. DeWine McCain Domenici McConnell problem is as follows: The chairman of DEAR SENATOR KYL: As the Senate debates the Budget Committee, Mr. CONRAD, NAYS—58 energy legislation, Electric Consumers’ Alli- has told the members of the Budget ance commends your attention to these crit- Akaka Durbin Lieberman Committee that we have a long way to ical policy issues. Baucus Edwards Lincoln As your consideration moves to the finer Bayh Ensign Mikulski go, with many amendments to vote on points of legislation, we strongly urge you to Biden Feingold Murray and to discuss. He intends to finish take a thoughtful approach to the issue of Bingaman Feinstein Nelson (FL) work on the budget today. That means Boxer Fitzgerald Nelson (NE) Renewable Portfolio Standards—the amount Breaux Graham I have a very limited opportunity to of electric power that must come from cer- Reed Brownback Grassley Reid speak. I have two speeches, as a matter tain renewable sources. Cantwell Gregg Rockefeller of fact, one very short, quite short, and While our group favors a progressive ap- Carnahan Harkin Sarbanes the other one perhaps 25 minutes. proach to setting goals for the production of Carper Hollings Schumer green power, we strongly oppose provisions Chafee Inouye Mr. REID. I am wondering, if I can Clinton Jeffords Smith (OR) interrupt and I apologize, will the that would set a hard percentage goal that Snowe must be attained in any given year. We com- Collins Johnson other Senators allow Senator BYRD to Conrad Kennedy Specter mend the amendment proposed by Sen. Kyl Corzine Kerry Stabenow speak—there is no permission needed, I as a balanced approach to this issue. Daschle Kohl Torricelli assume. From our perspective as the spokesgroup Dayton Landrieu Wellstone Mr. ROBERTS. If the distinguished for tens of millions of residential small busi- Dodd Leahy Wyden Senator will yield, I have spoken with ness ratepayers, artificial targets are unwise Dorgan Levin Senator BYRD, and I will always yield for two reasons. First, they hardwire in goals NOT VOTING—2 that may prove to be unreasonable (or too le- to his request, but I thought we had an Shelby Warner nient) in future years. This may have the ef- understanding that I could precede him fect of indirectly raising consumer prices or The amendment (No. 3038) was re- for 10 minutes. It will not take too sending distorted signals to the market. In jected. long.

VerDate Mar 15 2010 20:48 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00003 Fmt 4637 Sfmt 0634 E:\2002SENATE\S21MR2.REC S21MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2196 CONGRESSIONAL RECORD — SENATE March 21, 2002 I thought we had an understanding. I We have heard much in the previous For example, in response to the spike know with this new schedule perhaps weeks about electricity, oil and gas in gasoline prices not so many months that is not the case. I leave that up to supplies, energy efficiency, energy tax ago, then-Energy Secretary Bill Rich- his judgment. incentives, and fuel economy stand- ardson jetted off hat-in-hand to the Mr. BYRD. The distinguished Sen- ards. This is typically how we talk Middle East pleading with Arab na- ator did speak with me at the close of about energy. Yet, energy is about tions to increase crude oil production, the vote, and I told the Senator I would much more than that. Energy is about which would supposedly lower gas be very happy and willing for him to how we live our lives—today and into prices at home. I also recall several precede me. I thought while I went the future. It is about how we travel to ‘‘snake-oil, miracle cures’’ being de- down on the next floor to my office to work, how we brew our morning coffee, bated on the Senate Floor, such as a get my speech that the distinguished how the lights come on in this Cham- federal gas tax ‘‘holiday’’ intended to Senator would be proceeding and hope- ber and permit us to read. It is about temporarily reduce prices at the fully finished by the time I got back to the coal-fired electricity that lights pump—a measure that a sensible ma- the Chamber. this whole Capitol, but it is also about jority in the Senate voted against. Mr. REID. I say to my friend from what we can accomplish on the Senate Such short-term energy crises are West Virginia, what the Senator said is Floor because we have this gift of brought on by many different cata- valid. We closed the vote after 33 min- light. God, in creating the world, said: lysts, but they are all based on the utes which, of course, if we closed the Let there be light. Too often, though, same fundamental problem. What we vote earlier when we should have, this we take for granted the benefits these see in the fluctuation of energy prices would have been completed. lights bring. is a textbook study of how supply and Mr. BYRD. I did tell the Senator he Now when we consider energy secu- demand can affect the energy markets. could speak, he could go ahead of me. rity, we must think about fuel diver- Unfortunately, our typical response to Mr. REID. Can Senator MILLER wait sity. We need a diversity of energy re- an energy crisis is to find a quick-fix until Senator BYRD finishes his re- sources to make our nation work. Ac- solution—one that is designed to cut marks? tually, it is much like the Members of off the immediate spike, but does noth- Mr. MILLER. Madam President, cer- the Senate. It takes a variety of Sen- ing to affect the underlying problems. tainly I will wait. ators, with all of their views and con- A number of challenges lie ahead. Mr. BYRD. Madam President, I tributions coming from all the sections Our dependence on foreign oil increases thank the distinguished Senator. of the country, from the north, south, every day. Because our domestic pro- Mr. REID. Madam President, I ask east, west, to make this body work. I, duction peaked in the early 1970s and unanimous consent that the Senator myself, am from coal country, C-O-A-L. our consumption has not diminished from Kansas be recognized for 12 min- One may laugh at that suggestion, but since the early 1980s, we grow ever utes, Senator BYRD be recognized it is true. I am coal, C-O-A-L. I have more dependent. This gap is due, in thereafter, and the Senator from Geor- been around the Congress for 50 years, large part, to our dependence on oil for gia be recognized after Senator BYRD. which is a very long time when man’s our rapidly expanding transportation The PRESIDING OFFICER. Without lifetime is considered. I was pulled sector. objection, it is so ordered. The Senator from the hard scrabble mountains of On a positive note, the U.S. is less de- from Kansas. West Virginia to serve this country. In pendent on foreign oil than many other Mr. ROBERTS. Madam President, I the end, I hope that if I am pressed industrialized nations. However, it is thank Senator BYRD, the institutional enough, testing my spirit and worth, also true that we are reliant on foreign protector and flame of the Senate, for the good Lord might realize that this producers for more than 50 percent of allowing me to precede him. ole piece of coal and carbon might ac- our oil supply today compared to less (The remarks of Mr. ROBERTS per- tually be a diamond in the rough. Each than 40 percent in the mid-1970s. Fortu- taining to the introduction of S. 2040 Member of this body represents his or nately, we rely on a more diverse are printed in today’s RECORD under her own constituents’ particular inter- choice of foreign nations, and we are ‘‘Statements on Introduced Bills and ests and energy needs. We come at this less dependent on Middle Eastern na- Joint Resolutions.’’) from different viewpoints, but, working tions, for that growing share of our pe- The PRESIDING OFFICER. The Sen- together, we can mold a strong, com- troleum imports than twenty-five ator from West Virginia. prehensive energy package that will years ago. Mr. BYRD. Madam President, I begin provide long-term energy security. A central question that we have to my remarks today by quoting from The events of the last year dem- ask is what primary goal we are striv- George Bernard Shaw’s ‘‘Man and Su- onstrate that true national security, ing to achieve through this legislation. perman,’’ ‘‘If history repeats itself, and economic growth, job protection, and How do we balance our growing de- the unexpected always happens, how environmental improvements over the mand for new energy resources while incapable Man must be of learning long term depend upon a balanced en- increasing our need to do so in cleaner, from experience!’’ ergy plan. The United States must more efficient ways? Will increased do- I have been concerned about the issue have a comprehensive energy policy mestic oil production reduce our de- of energy security for many years now. that promotes energy conservation and pendence on foreign oil? And, if that is It was in 1992 that the Congress last efficiency and the greater use of do- the case, when and how should that passed major energy legislation. Now, mestic energy resources, while it en- occur? Looking to the future, I hope for the first time in a decade, events sures the development and deployment that our mounting dependence on for- have converged to make possible sub- of advanced energy technologies and eign oil would serve as a wake-up call stantive progress on a national energy also improves our energy infrastruc- for other energy resources. Unless we policy. But the question remains as to ture. That is a pretty tall order. But can find a way to increase our natural whether or not real progress will be all of those components are necessary gas supplies over the long term, we will made. if we are to reduce our Nation’s de- also be increasingly dependent on for- The energy crisis of the 1970s should pendence on foreign energy resources. eign producers for our growing natural have been a wake-up call. I argued then As energy debates have ebbed and gas demands. and throughout the 1980s and 1990s that flowed over the years, so have the Further, we must understand that it was time to get moving to address public’s and media’s concerns. These there are actually two major energy our long-term energy problems. Each cycles in energy markets—these mo- systems functioning in the U.S. with episode of short supply and higher mentary feasts and sporadic famines— comparatively little influence on each prices spurred renewed talk about our have occurred and will continue to other. Our transportation system is Nation’s lack of an energy policy. But, occur in the future. Too often, though, run almost entirely on oil-based re- each time, supplies stabilized, prices these crises have provoked controver- sources. The second system provides dropped, and nothing materialized from sial, knee-jerk solutions that do little power to warm our homes, light our all that talk. Will we again let that op- to solve what is fundamentally a long- businesses, light our Senate Chamber, portunity slip away? term problem. run our computers, and cook our

VerDate Mar 15 2010 20:48 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00004 Fmt 4637 Sfmt 0634 E:\2002SENATE\S21MR2.REC S21MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 21, 2002 CONGRESSIONAL RECORD — SENATE S2197 meals. It is supplied largely by domes- by 2020, the total U.S. energy consump- cleaner environment, promoted the tic industries and resources that are in tion is forecast to increase by 32 per- creation of new jobs, and improved the the midst of an historic and difficult cent—including petroleum by 33 per- competitive position of U.S. compa- transition. The limited overlap be- cent, natural gas by 62 percent, elec- nies. The DOE coal-based research pro- tween these two energy systems can be tricity by 45 percent, renewable fuels gram is estimated to provide over $100 simply illustrated. The electric power by 26 percent, and coal by 22 percent. billion—$100 billion—in benefits to the industry gets 2 percent of its energy Because our energy needs are expected U.S. economy through 2020. In addi- from oil—the rest comes from coal, nu- to grow so quickly, we need to develop tion, the Clean Coal Technology Pro- clear, natural gas, hydroelectric, as and use a diverse mix of energy re- gram has been one of the most success- well as other renewable sources. Con- sources, especially coal, in more eco- ful government/industry research and versely, 97 percent of the energy use in nomically and environmentally sound development partnerships ever imple- our transportation sector comes from ways. mented. By law, the Federal share of what? Oil. We must intelligently ad- There are those who would like to this very successful program cannot dress the needs of these two energy push coal aside like stove wood and exceed 50 percent. But, over the past 15 systems simultaneously in order to horse power as novelties from a bygone years, $1.9 billion in Federal spending provide a comprehensive solution to era. But we cannot ignore coal as part has been matched by more than $3.7 our energy needs. of the solution. Over the past several billion from the private sector; a 2:1 Furthermore, if we are to craft a years, I have been diligently assem- ratio that far exceeds the 1:1 ratio set workable energy policy, we must recog- bling a comprehensive legislative pack- by law. nize the degree to which it will rely on age that will promote the near- and The successes of a range of U.S. clean state and local decisions. Many energy long-term viability of coal both at energy technologies are valuable with- experts agree that the country will home and abroad. The Senate energy in our own borders. But, by opening need more power plants, more refin- bill provides the opportunity to new markets and exporting these tech- eries, new refineries, and additional achieve that goal. Provisions contained nologies, we can reap their benefits pipelines, but local citizens’ groups in the Senate energy bill extend the many times over. This is a tremendous often do not want these potentially un- authorization for the research and de- opportunity that cannot be ignored be- sightly, but crucial, facilities in their velopment program for fossil fuels cause the clean energy policies and communities. Therefore, a national en- from $485 million in Fiscal Year 2003 to technologies adopted today will have a ergy policy must enable government at $558 million in FY 2006. Additionally, profound influence on the global eco- all levels to work with citizens’ groups the bill contains a $2 billion, 10-year nomic and energy system for decades and private sector interests to better clean coal technology demonstration to come. The United States should coordinate a cohesive roadmap for the program. market our clean energy technologies, production, transportation, and use of It is undeniable that our quality of especially clean coal technologies, to energy. By working to fill energy gaps life and economic well-being are tied to developing nations, like China, India, and avoiding jurisdictional conflicts, energy, and, in particular, electricity. South Africa, and Mexico, to help them while improving a diversity of energy Coal is inextricably tied to our nation’s meet their economic and energy needs. resources, authorities at all levels can electricity supply. Today, coal-fired Just over a year ago, I initiated the promote regulatory certainty, stabilize power plants represent more than 50 Clean Energy Technology Exports Pro- long-term investments, and promote percent of electric generation in the gram, an effort to open and expand environmental protection all at the United States, and 90 percent of coal international energy markets and in- same time. produced is used in electricity genera- crease U.S. clean energy technology ex- Over the years, our awareness has tion. Coal has become even more im- ports to countries around the world. grown about the complexity of con- portant in recent years as a basic ne- This commonsense approach can simul- structing a balanced energy policy that cessity for high-technology industries taneously improve economic security will not undermine other competing that need this domestic resource for and provide job opportunities at home, and equally legitimate policy goals. computers and cutting-edge equipment while assisting other countries with How do we reduce gasoline consump- that require a reliable, cost-effective much-needed energy technologies and tion, when raising its price to achieve supply of electricity. Coal is America’s infrastructure. Furthermore, such a meaningful reduction in demand most abundant, most accessible nat- technologies can enable these coun- could be seen as economically disrup- ural energy resource, but, again, we tries to build their economies in more tive and politically suicidal? How do must find ways to use it in a cleaner, environmentally friendly ways, thus we encourage the use of alternative more efficient manner. helping to advance the global effort to fuels and technologies that heighten The importance of clean coal tech- address climate change. our energy efficiency, when OPEC na- nologies and the development of future tions can simply adjust oil prices to advanced coal combustion and emis- Climate change and energy policy are keep conventional sources cheaper sion control technologies can assure two sides of the same coin. Because the than their alternative substitutes? the attainment of these goals. The vast majority of manmade greenhouse How can we boost domestic energy sup- overall emissions from U.S. coal-fired gas emissions are associated with en- plies while protecting the environ- facilities have been reduced signifi- ergy use, it is here, in an energy bill, ment? cantly since 1970, even while the quan- that we need to deal with the long- Furthermore, with the severe budget tity of electricity produced from coal term challenges associated with global restrictions we now face, we must ex- has almost tripled. At the same time, climate change. We need a climate amine questions about how the govern- the cost of electricity from coal is less change strategy and we need a climate ment can afford to meet our nation’s than one half the cost of electricity change strategy badly. We need a cli- future energy commitments. The pro- generated from other fossil fuels. mate change strategy that will not just jected return to deficit budgeting, the To ensure that coal-fired power pick at this complex problem by put- recession, and the demands for in- plants will help us to meet our energy ting in place strategies that will apply creased homeland security and for sup- and environmental goals, the Clean in the next 5 or 10 years. We need a porting our military abroad, have Coal Technology Program and other comprehensive climate change strat- placed enormous long-term pressures Department of Energy—DOE—fossil en- egy also that looks 20, 50, and 100 years on the entire budget and appropria- ergy research and development pro- into the future. tions process this year, and for as far grams must develop most efficient, Look at the kind of winter we have as the eye can see. Will a long-term en- cleaner coal-use technologies. This, in had. Look at the kind of winter we ergy strategy also be a victim of budg- turn, will contribute greatly to the have had here in Washington: One etary constraints? That is a serious U.S. economy and to reduction in pol- snow, 3 inches. Look at the drought question. lution and greenhouse gas emissions. that has come upon this area of the I hope not, because the Energy Infor- The DOE fossil energy research and country during the winter season. mation Administration estimates that, development programs have created a What can we expect for the spring and

VerDate Mar 15 2010 20:48 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00005 Fmt 4637 Sfmt 0634 E:\2002SENATE\S21MR2.REC S21MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2198 CONGRESSIONAL RECORD — SENATE March 21, 2002 summer season? What is going to hap- tackle these energy issues. If there was That technology is the hybrid elec- pen to our crops, our livestock, our ever a time to come together and craft tric vehicle. The Senate has heard a lot economy? This is serious. an intelligent, responsible, bipartisan, about hybrids over the last few weeks, I have lived a long time—84 years. long-term energy policy, it is now. and, last week saw a poster of a red Something is going on out there. I Mr. President, I thank the distin- SUV—a hybrid vehicle that Ford is de- don’t need a scientist to tell me that. guished Senator from Georgia for his veloping. Hybrids are coming of age. With the differences in the winters, the courtesy and his kindness to me and Anyone who has questions about their differences in the summers, in the tem- for allowing me to precede him so I benefits can ask our colleague, Senator peratures, in the water level, there is could make this speech and then go BENNETT from Utah, who does in fact, something happening, and we had bet- back to the Budget Committee where drive a hybrid vehicle. ter be aware of it. We had better do we are having votes and where I should These vehicles can achieve fuel effi- something about it. be attending right away. I thank him, ciencies that are more than twice the I sincerely hope that we will be able and I join with him. I know what he is current CAFE standard. Their green- to work together in a bipartisan way going to say and what he is going to house gas emissions are only one-third and not put off addressing these chal- speak about. I shall have something to to one-half of those from conventional lenging questions on another genera- say about that matter later. I thank vehicles; and for other pollutants, such tion, but we must begin that effort him. as nitrogen oxides, they can meet the now. I yield the floor. country’s highest emission standards, In June 2001, I introduced with Sen- Mr. WYDEN. Mr. President, I ask those set by the State of California. The overall energy efficiency of hy- ator STEVENS bipartisan climate unanimous consent that upon the com- change legislation. Our bill received pletion of the remarks of Senator MIL- brid vehicles is more than double of any available alternative fuel vehicle. unanimous support in the Government LER and Senator COLLINS I be allowed Affairs Committee last year. Our pro- to speak. I will be offering a consensus But the result of this country’s current posal is based on scientifically, tech- amendment at that time which has energy policy is that vehicles rated at even 70 miles per gallon are disquali- nically, and economically sound prin- been agreed to by both sides. fied as counting toward energy effi- ciples and would put into place a com- The PRESIDING OFFICER (Mr. NEL- ciency fleet requirements just because prehensive, national climate change SON of Florida). Without objection, it is they do not use alternative fuels. But, strategy, including a renewed national so ordered. clearly, they more than fulfill the spir- commitment to develop the next gen- Under the previous order, the Sen- it of a modern energy policy that eration of innovative energy tech- ator from Georgia is recognized. moves this country towards the crit- nologies. Senator STEVENS and I be- (The remarks of Mr. MILLER are printed in today’s RECORD under ical goal of energy independence. lieve this is right policy framework, When it comes to alternative fuel, and I hope that my colleagues will not ‘‘Morning Business’’) Mr. MILLER. Thank you, Mr. Presi- the Energy Policy Act of 1992 is all allow this commonsense approach to be windup and no pitch. It requires fleet dent. I suggest the absence of a undermined or stricken from this bill. administrators to buy alternative fuel Senator STEVENS and I are aware quorum. The PRESIDING OFFICER. The vehicles, but it does not require them that there may be an effort to strike to use alternative fuels. In many this from the bill. But Senator STE- clerk will call the roll. The legislative clerk proceeded to States, even the best-intentioned fleet VENS and I will stand as one man, as administrators have real trouble find- one individual, against any such effort. call the roll. Mr. WYDEN. Mr. President, I ask ing enough alternative fuel. That cer- I am glad to say that the Byrd/Ste- tainly has been true in my home State unanimous consent the order for the vens legislation is included in this en- of Oregon. quorum call be rescinded. ergy package, as I have already indi- Out of 178,000 fuel stations across the The PRESIDING OFFICER. Without cated, for it will provide for the long- country, only 200 now provide alter- objection, it is so ordered. term viability of coal as an energy re- native fuel. That is less than one-tenth source. AMENDMENT NO. 3041 TO AMENDMENT NO. 2917 of 1 percent of our filling stations. The We must seize this opportunity to (Purpose: To provide additional flexibility to result is, many alternative fuel vehi- learn from past experiences. President covered fleets and persons under title V of cles are being operated with gasoline, Carter spoke to the nation in 1977 the Energy Policy Act of 1992) which completely undermines this about the energy crisis of that era. He Mr. WYDEN. Mr. President, I send an country’s goal of reducing the use of said that: amendment to the desk and ask unani- petroleum. Our decisions about energy will test the mous consent for its immediate consid- The energy bill before us, wisely, will character of the American people and the eration. close that loophole by requiring alter- ability of the President and the Congress to The PRESIDING OFFICER. Without native fuel vehicles to actually use al- govern this nation. This difficult effort will objection, it is so ordered. The clerk ternative fuels. If passed, by September be the ‘moral equivalent of war,’ except that will report the amendment. of next year, 2003, only 50 percent of we will be uniting our efforts to build and The legislative clerk read as follows: the fuel that fleets use in their alter- not to destroy. The Senator from Oregon [Mr. WYDEN], for native fuel vehicles could be gasoline. Those are the words of former Presi- himself, Mr. Murkowski, Mr. BENNETT, and Though the Nation’s alternative fuel dent Carter. At that time, energy was a Mr. SMITH of Oregon, proposes an amend- infrastructure is expanding, the ques- household concern. Lines, long lines at ment numbered 3041 to amendment No. 2917. tion still remains: What about those gas stations were a common scene. Ev- Mr. WYDEN. Mr. President, I ask States that still lack enough stations erybody remembers that—anybody who unanimous consent reading of the where fuel can be purchased? Are they was living at that time. We were build- amendment be dispensed with. supposed to just let those vehicles sit ing a national resolve to craft a com- The PRESIDING OFFICER. Without unused in their parking lots? prehensive national energy policy. But objection, it is so ordered. The amendment I offer today, with the gas lines went away, and so did the (The text of the amendment is print- Senator MURKOWSKI, Senator BENNETT, sense of urgency about energy. ed in today’s RECORD under ‘‘Text of and my colleague from Oregon, Senator During my tenure in the United Amendments.’’) SMITH, will provide fleet administra- States Senate, I have witnessed the ebb Mr. WYDEN. Mr. President, the En- tors with the flexibility to choose be- and flow in energy concerns as energy ergy Policy Act that the Senate has tween alternative fuel vehicles and hy- prices rise and fall. I fear that, as a na- been debating contains a number of brid vehicles. Like the Energy Tax In- tion, while our energy supplies are strategies to reduce America’s depend- centives Act reported by the Finance plentiful and prices are low, we may ence on foreign oil and to improve the Committee, it contains a sliding scale have sunk back into somnolence—som- environment, but it does omit a key that allows partial credit for hybrid ve- nolence—asleep at the wheel. If the technology that can help this country hicles based on how good their fuel United States is going to remain a achieve these critically important economy is and how much power they global economic power, we have to goals. have.

VerDate Mar 15 2010 20:48 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00006 Fmt 4637 Sfmt 0634 E:\2002SENATE\S21MR2.REC S21MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 21, 2002 CONGRESSIONAL RECORD — SENATE S2199 For instance, if a hybrid car or light comprehensive energy bill. It was with something else. I hope that is not nec- truck averages 21⁄2 times the fuel econ- the intention that, by amendment, we essary. We have spent a lot of time on omy of a similar vehicle in its weight would try to craft a bill that would be this bill. It is worthy of time. class, it could earn credit worth up to worthy of the Senate’s deliberations. There is nothing we can do that is 50 percent of the purchase of an alter- There is no question that, obviously, more serious than working on the en- native fuel vehicle. Then, based on how we were expected to deliver a bill. The ergy policy of this country. We know much power it has available, it could reality that the House has done its job the Senator has the ANWR amend- earn additional credit. So significant and passed H.R. 4 puts the responsi- ment, which has created so much inter- credit would only be given to the best bility on the Senate. est, and we hope to get to that soon. performers. The President has outlined energy as In short, we want to finish this bill as To illustrate what this means, for a one of his priorities, encouraging that badly as the Senator from Alaska. We hybrid vehicle to get one-half the cred- we pass comprehensive energy legisla- hope by this afternoon we can have it of a 3,500-pound alternative fuel vehi- tion. So the obligation clearly is ours. some light at the end of the tunnel to cle that averages 21 miles per gallon in This afternoon, I gather we are going do that. the city, that hybrid would have to av- to go back on judges for an undeter- Mr. MURKOWSKI. Will the majority erage over 53 miles per gallon. It is mined timeframe. At the conclusion of whip yield? Is there any indication clear what a huge reduction in petro- that, I hope we can again go back to what we might anticipate tomorrow? Is leum use this proposal could mean. some of the outstanding amendments it too early to make that decision? The amendment is supported by a we have before us on the energy bill. Mr. REID. If we have reason to be broad range of interests, including the I also point out to those who suggest here, the leader has not said we will National Association of Fleet Adminis- we are holding up this bill that we have no votes. There could be votes. It trators, the National Association of spent a good deal of time off the bill on is the day before the recess. If we have State Energy Officers, Toyota Motor of campaign finance. I am not being crit- things we can do and it will lead to our North America, and the National Rural ical of that. It is just a reality that the completing this bill when we get back, Electric Cooperatives Association. majority leader chose to take us off to I am sure the leader will want to work I thank my colleagues, particularly complete that particular issue, which tomorrow. Senator MURKOWSKI, Senator BENNETT, has been around for so long. Mr. MURKOWSKI. I do not want to and Senator SMITH of Oregon, for all of I want to make the record clear. We misunderstand my good friend. Did he their efforts in working with me to have an ethanol amendment, the Fein- indicate there has been a decision there fashion this bipartisan legislation. stein amendment is resolved, and there will be no votes tomorrow? Mr. REID. The leader has said just I also thank Chairman BINGAMAN, may be some more amendments com- who has been very helpful with respect ing yet this afternoon. We are working the opposite; there will be votes. We want to have votes on substantive mat- to this issue. He is a strong advocate of with Senator BINGAMAN and the major- ters. We do not want to, on the day be- hybrids. ity whip, Senator REID, to try to con- Mr. President, I ask unanimous con- clude a list of amendments. Our list is fore the recess, have make-do votes. We are going to have something that is sent that the amendment be set aside about 21⁄2 pages long, I would guess, and that the Senate return to it later with around 60 amendments listed. Re- meaningful. With the subject matter in the day. alistically, there are probably not more that was briefly outlined by the Sen- The PRESIDING OFFICER. Without than 10 that we are going to have to ator from Alaska, those are very seri- objection, it is so ordered. deal with on that list. I know Senator ous matters, and I hope we can be Who seeks time? BINGAMAN and the Democrats are work- working on some of them tonight and The Senator from Oregon. ing toward an effort to identify their tomorrow. Mr. MURKOWSKI. I thank the Sen- Mr. WYDEN. Mr. President, I suggest amendments as well. the absence of a quorum. I hope that as soon as we get off the ator. I suggest the absence of a The PRESIDING OFFICER. The judges, we can go back and proceed to quorum. The PRESIDING OFFICER. The clerk will call the roll. move amendments yet today and on The bill clerk proceeded to call the clerk will call the roll. into the evening. I have no idea what The bill clerk proceeded to call the roll. the schedule is tomorrow, but perhaps roll. Mr. MURKOWSKI. Mr. President, I the majority whip can enlighten me. I Ms. COLLINS. Mr. President, I ask ask unanimous consent that the order wanted to make it clear from our point unanimous consent that the order for for the quorum call be rescinded. of view as to what to anticipate and the quorum call be rescinded. The PRESIDING OFFICER. Without what we have ahead of us. The PRESIDING OFFICER. Without objection, it is so ordered. Mr. REID. If the Senator from Alas- objection, it is so ordered. Mr. MURKOWSKI. Mr. President, I ka will yield, I will respond. Ms. COLLINS. Mr. President, I ask ask unanimous consent that I be al- Mr. MURKOWSKI. I am happy to unanimous consent that the previous lowed to speak as in morning business yield. order be delayed and that I be per- for a few minutes. Mr. REID. The matter with the mitted to speak for up to 15 minutes as The PRESIDING OFFICER. Without judges will be resolved by 3 o’clock this in morning business. objection, it is so ordered. afternoon. We will take that up in 10 The PRESIDING OFFICER. Without Mr. MURKOWSKI. Mr. President, I minutes. After that, we will go into objection, it is so ordered. gather there is some concern expressed whatever amendments the distin- The Senator from Maine is recog- by the majority leader about the pace guished Republican leader of this bill nized. at which we are proceeding on the en- wants to move. We hope his number of Ms. COLLINS. I thank the Chair. ergy bill. This often happens in the about 10 serious amendments is more (The remarks of Ms. COLLINS per- process of a complex piece of legisla- accurate than 60. We know that when taining to the introduction of S. 2042 tion, particularly a piece of legislation there is a finite list, a lot of people file are printed in today’s RECORD under that has not gone through the com- relevants and they are not really seri- ‘‘Statements on Introduced Bills and mittee process as a consequence of the ous about offering them. Having spo- Joint Resolutions.’’) decision of the majority leader. This ken to the majority leader and Senator AMENDMENTS NOS. 3033 AND 3040 has taken a while. We are not through BINGAMAN today, we really want to get The PRESIDING OFFICER (Mrs. by any means. We still have some con- a finite list of amendments we can put CARNAHAN). The Senator from tentious issues to address, such as our fingers on, in the hopes of com- Vermont. global warming, ANWR, the tax pro- pleting this legislation. Mr. LEAHY. Madam President, what posal, which is going to take some If there are 10 amendments dealing is the parliamentary situation? time. with serious subjects, that is doable. If The PRESIDING OFFICER. There I want to see this bill passed. It is my we get 25, 30 amendments, there are are 3 hours of debate to be evenly di- intention to keep working with Sen- some who would recommend to the vided on two amendments dealing with ator BINGAMAN toward the passage of a leader to file cloture and maybe go to judicial nominations.

VerDate Mar 15 2010 20:48 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00007 Fmt 4637 Sfmt 0634 E:\2002SENATE\S21MR2.REC S21MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2200 CONGRESSIONAL RECORD — SENATE March 21, 2002 Mr. LEAHY. Madam President, ear- on the courts of appeal rose to a total I remember a whole session, in 1996, lier this week when the Senate was of almost 250 percent higher than be- in which the Republican majority did considering confirming the 42nd judge fore. When we finally took over, we not confirm a single judge to the since the shift in majority last sum- were faced with 32 vacancies on the courts of appeals; another in which the mer, I came to tell the Senate of the courts of appeal. In spite of this, the committee reported only three courts progress we have made filling judicial Democratic majority has kept up with of appeals nominees all year. But we vacancies in the past 9 months. The the rate of attrition by confirming are not going to go back to those days. pace of consideration and confirmation seven judges to the circuit courts in We are going to do a lot better. But of judicial nominees in the last 9 only 9 months and holding more hear- you cannot call for hearings on eight months exceeds what we used to see in ings on three more. Particularly, we courts of appeals nominees in 4 weeks. the preceding 61⁄2 years. During that 61⁄2 have been working to improve condi- That would be asking the current com- years under Republican control, vacan- tions in the Fifth, Tenth, and Eighth mittee to do in 1 month what the com- cies grew from 63 to 105 and were rising sitting. mittee under Republican leadership did to 111. I lay this out so people under- During the last 9 months, the Judici- not do for months, in fact sometimes stand what is happening. ary Committee has restored steady for years. Since July, we have made bipartisan progress to the judicial confirmation It is disingenuous to compare the progress. This chart shows the trend process. The Senate Judiciary Com- last 9 months with the Senate majority lines. During the Republican majority, mittee is doing what it has not done and President of different parties to the vacancies were going up to 111; in for the 6 years before. We are holding years when the majority party and the the short time the Democrats have regular hearings on judicial nominees. President were the same. A fairer com- been in the majority, those vacancies We are giving nominees a vote in com- parison might be with the first 9 have been cut down. mittee, in contrast to the practice of months of the 104th Congress, where The Democrats have controlled the anonymous holds and other tactics em- the parties of the President and the majority in the Senate Judiciary Com- ployed by some during the period of Senate majority were different. That mittee for 9 months. What did we do Republican control. In less than 9 comparison shows we made more during that 9 months? We have con- months, the Senate Judiciary Com- progress, held more hearings, con- firmed more judges—42, all nominated mittee has held 15 hearings involving firmed more judges, including courts of by President Bush. In those 9 months, judicial nominations. That is more appeals judges, than when the party we confirmed more judges than the Re- hearings on judges than the Republican roles were reversed in 1995. publicans did for President Clinton in majority held in any year of its control In 1995, we had a Democratic Presi- the 12 months of the year 2000. We con- of the Senate. Already, 48 judicial dent and a Republican majority. Take firmed more judges in those 9 months nominees have participated in those their 9 months. They had nine hearings than the Republicans did during the 12 hearings. in 9 months with a Democratic major- months of 1999. In those 9 months, we In contrast, one-sixth of President ity and Republican President. We actu- confirmed more judges for President Clinton’s judicial nominees, more than ally had 15. I will correct this—15, be- Bush than the Republicans did for 50, never got a committee hearing nor cause we had one Tuesday. In their 9 President Clinton during the 12 months a committee vote from the Republican months, they had 36 confirmations; we of 1997. During those 9 months, we con- majority. This is one of the reasons have had 42. So we have made more firmed more judges for President Bush why there were so many vacancies progress, held more hearings, con- than the Republicans did for the 12 when President Bush took office. firmed more judges than when the No hearings were held before June 29, months of 1996. party roles were reversed in 1995. Actu- We can compare our 9 months, and 2001, by the Senate Judiciary Com- ally, 1995 was when the Republicans we have not finished a full year of mittee, even though they were in con- had one of its most productive years on being in the majority. In 9 months, we trol. No judges were confirmed by the judges. confirmed more judges for President Senate from among the nominees re- Bush than the Republicans were will- ceived by the Senate on January 3, In a comparison made between the ing to confirm for President Clinton in 2001, or further nominees received from beginning of the second session of the 12 months in the years 2000, 1999, 1997, President Bush in May. 104th Congress when the President was and 1996. This is the background for the sense- a Democrat and the Senate majority Under Democratic leadership, the of-the-Senate amendment that will be was Republican, with the beginning of Senate has filled longstanding vacan- offered by Majority Leader DASCHLE this, when roles were reversed, that cies on the courts of appeal. We exceed- which would confirm that the com- fair comparison shows that we have al- ed the rate of attrition. In less than 9 mittee should continue to hold con- ready confirmed 14 judges this session, months, the Senate has confirmed firmation hearings for judicial nomi- including 1 to the court of appeals, seven judges to the courts of appeals. nees as expeditiously as possible. That while the Republican Senate ended up We have held hearings on three others. is true for all judicial nominees, in- confirming only 17 judges all year— We have drastically shortened the av- cluding those first received on May 9 of none to the courts of appeals. erage time, by approximately a third, 2001. When we finish this first year in the for confirmation of circuit court nomi- The language offered by Senator majority, I can assure the Senate our nees compared to the Senate under Re- DASCHLE also recognizes that with record will be better than the years we publican control between 1995 and 2001. barely 4 weeks in session before May 9, saw with the Republicans, by any kind And we are committed to holding more 2002, calling for confirmation hearings of standard at all. Look at the first 3 hearings on those where we received on eight controversial courts of appeals months of the session. We have been blue slips and have consensus nomi- nominees is a call that is unheard of. It confirming—we confirmed 14 judges. nees. Comparing what the Republicans was certainly never approached during In March 1995, in their first 3 months, did during 1999 and 2000, they refused to the past 6 years. I would suspect that when they were in charge with a Demo- even hold hearings or vote on more my friends on the Republican side are cratic President and Republican major- than half of President Clinton’s court most afraid of one thing: They hope the ity, they confirmed 9; by March of 1996 of appeals nominees. Democratic majority would never do to when they were in charge, they con- I mention this because I have always them and a Republican President what firmed zero; by March of 1997 when said let’s get these people up, have a they did as a Republican majority to a they were in charge they confirmed 2; hearing, and let the committee vote. In Democratic President. by March of 1998 they hit their zenith, the last 6 years, dozens upon dozens of I can assure them as long as I am they confirmed 12. They made up for it President Clinton’s nominees were chairman we will not do to them what the next year, March of 1999, they con- never even given a vote in the com- they did to us. I am not going to do firmed zero. By March of 2000, they mittee. I have tried to reverse that. that. It hurts the independence of the confirmed 7; by March of 2001 they con- Between 1995 and when the Demo- judiciary, and I am not going to do firmed zero. By March of this year, we crats took over the majority, vacancies that. confirmed 14.

VerDate Mar 15 2010 20:48 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00008 Fmt 4637 Sfmt 0634 E:\2002SENATE\S21MR2.REC S21MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 21, 2002 CONGRESSIONAL RECORD — SENATE S2201 Madam President, I see the distin- In contrast, at the end of 1995, which nominee who was defeated nevertheless guished ranking member of the Judici- was Republicans’ first year of control received a floor vote by the full Senate. ary Committee on the floor, so I will of the Judiciary Committee during the Judge Pickering was denied that oppor- yield the floor and reserve the remain- Clinton administration, there were tunity. Some of my Democratic col- der of my time. only 13 circuit vacancies. leagues have said that their treatment The PRESIDING OFFICER. For the In fact, during President Clinton’s of Judge Pickering was not payback. In information of the Senate, the clerk first term, circuit court vacancies one sense, they are right. If they were will report by number the amendments never exceeded 20 at the end of any interested in treating President Bush’s currently under consideration. year—including 1996, a Presidential nominees as well as the Republicans The assistant legislative clerk read election year, when the pace of con- treated President Clinton’s nominees, as follows: firmations has traditionally slowed. the they would have sent Judge The Senator from Mississippi [Mr. LOTT] Moreover, there were only two cir- Pickering’s nomination to the floor for proposes an amendment numbered 3033. cuit nominees left pending in com- a vote by the full Senate. The Senator from Nevada [Mr. REID], for mittee at the end of President Clin- Second, the actions of the Demo- Mr. DASCHLE, proposes an amendment num- ton’s first year in office. In contrast, 23 cratic members of the committee were bered 3040. of President Bush’s circuit nominees clearly orchestrated by liberal special The amendment is as follows: were left hanging in committee at the interest groups that have been doing it AMENDMENT NO. 3040 end of last year. for years whenever there is a Repub- At the appropriate place, add the fol- In light of the vacancy crisis, we can- lican President. It is no coincidence lowing: not afford to let only 10 Senators de- that these groups asked the committee SEC. . FAIR TREATMENT OF PRESIDENTIAL JU- feat a circuit nominee. This is a ques- to demand Judge Pickering’s unpub- DICIAL NOMINEES. tion of process, not of seeking favor- lished opinions, then—surprise!—the That it is the sense of the Senate that, in able treatment. committee announces that it will com- the interests of the administration of jus- For all these reasons, it is imperative tice, the Senate Judiciary Committee should pel Judge Pickering to produce all of to support Senator LOTT’s resolution to along with its other legislative and oversight his unpublished opinions. responsibilities, continue to hold regular get hearings and votes for our longest For judges to go back and go through hearings on judicial nominees and should, in pending circuit nominees. Given the all their unpublished opinions, if they accordance with the precedents and practices vacancy crisis in our circuit courts, I have been on the bench for very long, is of the Committee, schedule hearings on the can’t imagine anyone voting against it. extraordinary. nominees submitted by the President on May I must respond to some of the com- I do not recall another nominee who 9, 2001, and resubmitted on September 5, 2001, ments that my colleagues across the has been subjected to a production de- expeditiously. aisle have made about the pace of judi- mand of such scope—except, of course, Mr. HATCH. Madam President, here cial confirmations. These comments for Judge D. Brooks Smith, another we go again: statistics judo being used have included a gross distortion of my Bush nominee whom the groups have on the floor of the Senate courtesy of record as chairman of the Judiciary targeted. the Judiciary Committee. Committee during six years of the Let me read the text of the letter to I am going to always address these Clinton administration. Although we Judge Smith. It simply say, statistics with the facts. The bottom have all heard enough of the numbers, Copies of your unpublished opinions, not line is the facts speak for themselves. I will not hesitate to defend my record previously produced to the committee, have We have an unprecedented and shock- when it is unjustly attacked, as it has been requested by Members. Please contact ing 31 vacancies on the Federal circuit been over the past week and I think our nominations clerk . . . to arrange trans- courts of appeals in this country. That here today. mission of the materials. Thank you for your is not progress. I believe that the source of many, if assistance in this matter. Last Thursday, Senator LOTT intro- not all, of these attacks stems from the That is it. There is no explanation duced a resolution calling for the Judi- defensive posture that many of Demo- for why the committee is demanding ciary Committee to hold hearings on cratic colleagues have taken since 10 these unpublished opinions, and there each of the circuit court judges nomi- members of the Judiciary Committee was no consultation with the Repub- nated by President Bush on May 9 of refused to send the nomination of licans about taking the drastic step of last year. Judge Charles Pickering to the floor demanding these opinions. This letter, We are coming up on the 1-year anni- for a vote by the full Senate. Some of incidentally, was sent to Judge Smith versary of those nominations, and yet these colleagues have defended what after his confirmation hearing, just as only 3 of the 11 nominees have had they call the Senate’s fair treatment of with Judge Pickering. There is nothing hearings and confirmation votes. All of judicial nominees in general and Judge fair about subjecting nominees to fish- these nominees have received well- Pickering in specific. But the fact of ing expeditions simply because the lib- qualified or qualified ratings from the the matter is that the Senate never got eral special interest groups do not like American Bar Association, which some the opportunity to vote on Judge them. The committee’s treatment of of my Democratic colleagues have de- Pickering’s nomination. The reality is Judge Pickering’s nomination was not scribed as the gold standard in evalu- that the 10 Democratic members of the an example of the committee doing its ating judicial nominees. Judiciary Committee determined for job, as one of my colleagues described Why is it so problematic that none of the rest of the Senate the fate of Judge it last week. Instead, it is an example these 8 nominees have received a hear- Pickering’s nomination. of special interest groups pulling ing or vote? It is no secret that there is We all know that had it been brought strings. I am deeply concerned about a vacancy crisis in the Federal circuit to the Senate he would have gone what this means for the fairness with courts, and that we are making no through with flying colors. which future judicial nominees will be progress in addressing it. This is despite the fact—or perhaps treated—especially any Supreme Court Let’s take a look at some numbers. A because of the fact—that had Judge justice that President Bush may have total of 22 circuit nominations are Pickering’s nomination been consid- the opportunity to nominate. pending in the Judiciary Committee. ered by the full Senate, he very likely Some of my Democratic colleagues But we have confirmed only one circuit would have been confirmed, and I think have tried to minimize the effect of judge this year, and only seven since with flying colors. their party-line committee vote to de- President Bush took office. The committee’s treatment of Judge feat Judge Pickering’s nomination by When Senate Democrats took over Pickering is problematic for several declaring that, last year, they held the the Judiciary Committee in June of reasons. first confirmation hearing on a fifth last year, there were 31 circuit court First, during the 6 years that Repub- circuit judge since 1994. While this is vacancies, and there remain 31 circuit licans controlled the Senate during the technically true, there is an important court vacancies today. This does not Clinton administration, not once was fact they leave out: From 1994 to 1997 represent progress—it represents stag- one of his judicial nominations killed during the Clinton administration—get nation. by a committee vote. The sole Clinton this—no fifth circuit nominees were

VerDate Mar 15 2010 20:48 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00009 Fmt 4637 Sfmt 0634 E:\2002SENATE\S21MR2.REC S21MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2202 CONGRESSIONAL RECORD — SENATE March 21, 2002 pending for the committee to act on. The failure of the committee to act ary. Now, admittedly, the Democrats President Clinton did not nominate an- on these circuit nominees is particu- did not have a full year to take care of other fifth circuit judge until 1997, and larly disturbing in light of the vacancy it, but, still, 94 vacancies is a high va- that nominee did not have home State crisis in the circuit courts. cancy total at the end of the session. support due to lack of consultation As this chart illustrates, the number Now we have 95 vacancies after al- from the White House. of vacancies in the circuit courts is most a year, which is a dramatic in- And that was the problem. He was dramatically higher than it has been crease from the 67 vacancies that ex- not renominated after the end of the during the first 2 years of the most re- isted at the end of the 106th Congress. 105th Congress. The next fifth circuit cent Presidential administrations. At As we have seen, 31 of these vacancies judge was not nominated until 1999. the end of the first 2 years of the Her- are in the circuit courts. So to say from 1999 they haven’t had bert Walker Bush administration, What does this mean? It means the any work on that fifth circuit just there were only 7 circuit court vacan- Senate’s pace under Democratic con- shows the type of sophistry that is cies. At the end of the first 2 years of trol in confirming President Bush’s ju- used. This one fifth circuit judge who the first term of the Clinton adminis- dicial nominees is simply not keeping was nominated in 1999, too, lacked tration, there were only 15 circuit va- up with the increasing vacancy rate, home State support due to lack of con- cancies. At the end of the first 2 years not even in accordance with the prece- sultation from the White House. of the second term of the Clinton ad- dence and practices of the committee. Finally a third Fifth Circuit nominee ministration, there were only 14 vacan- I have heard a lot of comments about was nominated in 1999. So, in reality, cies. how they are going to treat Repub- only one of President Clinton’s Fifth Incidentally, I chaired the Judiciary licans like we treated them, that they Circuit nominees after 1999 could have Committee during this time, and there are going to treat Republicans just as possibly moved, and I should say that were fewer vacancies than there were fairly as we treated them. My gosh, the nominee was not nominated until the when Democrats controlled the Senate record shows we are not being treated seventh year of the Clinton presidency. during the first 2 years of the first time fairly at all. You might be able to find Now, let’s compare this record to the of the Clinton administration when the some things to criticize in any Judici- present Bush administration. The Democrats controlled the committee. ary Committee chairman’s tenure be- Democrats have already killed one of Now, let’s look at the present admin- cause of the difficulties in working President Bush’s Fifth Circuit nomi- istration. There are currently 31 vacan- with the other 99 people, but the fact nees, Judge Pickering, who enjoys the cies in the circuit court of appeals. Is is is, this isn’t fair. For anyone who doubts that the va- strong support of both of his home a disaster. This is the same exact num- cancy crisis represents a problem, let State senators. If they are being guided ber of vacancies in the circuit courts me point out that the Sixth Circuit by precedent, then my Democratic col- that existed when the Democrats took Court is presently functioning at 50- leagues have no excuses for refusing to control of the Senate on June 5 of last percent capacity—50 percent. That is a move every other Fifth Circuit Bush year. disaster. Eight of that court’s 16 seats nominee who has home State support. This does not represent progress. are vacant. President Bush nominated One such nominee, Justice Priscilla This does not represent fairness. This seven well-qualified individuals to fill Owen of Texas, has been pending in does not show a good job being done by the vacancies on that court. committee for over 300 days now with- the Judiciary Committee. It represents Two of these nominees, Deborah out so much as a hearing which brings stagnation. It is for this reason that I Cook—a wonderful woman lawyer—and me to another point. find it more than a little hard to swal- Jeffrey Sutton—one of the finest appel- My Democratic colleagues have ar- low my colleagues’ arguments that late lawyers in the country—have been gued at length about how fairly they their pace of judicial confirmations is pending since May 9 of last year. They are treating President Bush’s judicial keeping up with the vacancy rate. The were among the first 11 judges that nominees, especially his circuit nomi- numbers simply tell another story. President Bush nominated. Yet they nees. In fact, last week one of my col- We are making absolutely no have languished in committee without leagues said on the floor, ‘‘We are try- progress in addressing the vacancy cri- so much as a hearing, while the Sixth ing to accord nominees whose paper- sis in the Federal judiciary. Even if Circuit functions at 50-percent capac- work is complete and whose blue slips you look beyond the circuit courts to ity. are returned both a hearing and a fair the full judiciary—and we will just put Although the Michigan Senators up or down vote.’’ This colleague must these numbers up here as shown on the have blocked hearings for the three have forgotten about the eight circuit chart—these numbers are not much Bush nominees from Michigan by refus- judges whom President Bush nomi- better. ing to return blue slips, the paperwork nated on May 9 of last year and who The end-of-session vacancies during on the remaining four nominees is have been languishing in committee the first 2 years of Republican control complete. Again, nothing stands be- without so much as a hearing for over of the Senate during the Clinton ad- tween them and a confirmation hearing 300 days. With one exception, the pa- ministration never exceeded the vacan- except my Democratic colleagues. perwork on all of these nominees has cies we now face. At the end of 1995— Let me also say that I find it highly been complete for months. Each of my first year of chairing the com- unusual that blue slips withheld in one these nominees has received a rating of mittee—there were 50 vacancies in the State should be used to denigrate or to well-qualified—the highest rating the Federal judiciary. Only 13 of these va- hold up judges from another State. I do ABA can give—or qualified from the cancies were in the circuit courts— not think Senators should be given ABA, which my Democratic colleagues only 13. that kind of authority, but that is have referred to as the gold standard in At the end of 1996—my second year of what is being done here. evaluating judicial nominees. chairing the committee—there were 63 Another appellate court that is in The rest of President Bush’s circuit vacancies in the Federal judiciary. trouble is in the DC Circuit, the Circuit nominees have fared just as poorly. I might mention, when Senator Court of Appeals for the District of Co- As this chart shows, only 9 percent of BIDEN led the Democrats and chaired lumbia, which is missing one-third of his circuit nominees awaiting a com- the committee—and I thought he did a its judges. It has only 8 of its 12 seats mittee vote have had a hearing thus great job—when he chaired the com- filled. That is one of the most impor- far. Nine percent are languishing in the mittee, in the same period, at the end tant courts in our country. It hears committee—for over 300 days. This of 1992, there were 97 vacancies. But cases that other circuits do not hear. It means that 91 percent of his circuit there were only 63 vacancies at the end hears an awful lot of administrative nominees, including 8 of his first 11 cir- of my second year. Only 18 of those law cases. It is a busy court. Yet we cuit judges nominated on May 9, have were in the circuit courts. Now, that only have 8 of the 12 seats filled. been languishing in committee for no was too many, I admit, but it is cer- President Bush nominated two ex- reason, but that the liberal interest tainly not 31 as we have today. ceedingly well-qualified individuals to groups don’t want them to move. These But at the end of last session, there fill seats on the DC Circuit on May 9 of are outside groups. were 94 vacancies in the Federal judici- last year, better than 300 days ago.

VerDate Mar 15 2010 20:48 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00010 Fmt 4637 Sfmt 0634 E:\2002SENATE\S21MR2.REC S21MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 21, 2002 CONGRESSIONAL RECORD — SENATE S2203 Miguel Estrada, a Hispanic, who has fairness, I agreed to cancel the hearing ate floor, which leaves only 26 remain- a remarkable record, and has argued 15 despite widespread speculation that the ing nominees. Of those 26, some may cases in front of the Supreme Court of Republicans’ loss of the majority in the have had other reasons for not moving the United States, could not even Senate was imminent. As we all know, that I simply cannot comment on. So speak English when he came to this control of the Senate shifted to the in all 6 years that I chaired the com- country, and is one of the most articu- Democrats shortly thereafter on June mittee while President Clinton was in late, impressive, intelligent advocates 5. office, we are really only talking about in our country today—not even given a So while the Republicans were ready 26 nominees who were left. hearing. Well-qualified by the Amer- to hold a hearing on 3 circuit judges Now I heard one of my Democratic ican Bar Association. within 2 weeks of their nomination in colleagues on the floor last week com- John Roberts: I talked to one of the May, it took the Democrats until the paring their pace to mine in incre- Supreme Court Justices just a short end of August to hold confirmation ments of months—9 months to 12 while ago. He said he is one of the two hearings on 3 circuit judges. By the months, 9 months to 9 months, 3 top appellate lawyers in this country way, 2 of them were Democrats, so it is months to 3 months, and so on. I must today. He is not particularly an ideo- not hard to understand why they would admit that I had a tough time fol- logue. This man is a great lawyer. He want to get them through. And I want- lowing his argument in light of the as- has Democrat and Republican support. ed to get them through, too. And I tronomical vacancy rate that we now So does Miguel Estrada, by the way. want to get them through before, at face in the Federal judiciary. but in They are among the most well-re- least one of them, now Judge Gregory. terms of fairness, let me set forth what spected appellate lawyers in the coun- I have to admit, when these special I consider to be the bottom line. Presi- try. And I should say that Miguel interest groups on our side came to me, dent Clinton enjoyed an 85 percent con- Estrada would be the first Hispanic to some of the far right groups, I told firmation rate on the individuals he ever serve on the Circuit Court of Ap- them: Get lost. And I made some real nominated. A total of 377 Clinton nomi- peals for the District of Columbia, to enemies in the process. But, by gosh, I nees sit on the Federal bench today. sit on this important court. wanted to do my job as Judiciary Com- That was with my help in every case. My friends on the other side talk a mittee chairman. This number is only 5 short of the lot about diversity, but apparently it is I know it is a difficult job. And I all-time confirmation champion, Presi- diversity only if the candidates agree know my colleague has a very difficult dent Reagan, who had 382 judges con- with the extreme liberal views of the time with colleagues, with outside firmed by the Senate. I believe Presi- special interest groups in this town. groups, with all kinds of problems. I dent Clinton would actually have had And they are in this town. They really had the same problems. But sooner or more, had it not been for Democratic do not represent the people at large— later, we have to do something about holds in the Senate that I knew about narrow interest groups. This troubles these problems. I have also heard my at the end of that last session. Keep in me. The Judiciary Committee has not Democratic colleagues complain that I mind, President Clinton had 6 years of granted them a hearing, much less a was unfair because almost 60 Clinton a Republican Senate, the opposition vote. nominees never received a hearing or party, yet had virtually the same num- If the DC Circuit and the Sixth Cir- vote. I have two responses to this ber of people confirmed as the all-time cuit are any indication, it appears the charge. champion, President Reagan, who had 6 committee is doing what it can to Let me just go to this chart. years of his own party in control of the avoid filling seats on the courts that First, as the following chart shows, Judiciary Committee in the Senate. It need judges the most. the Democrat who controlled the Sen- is astounding to hear some of these ar- Part of the problem is a reluctance ate during the first Bush administra- guments against what we did. by the committee to move more than tion left 59 judicial nominees total, cir- Go over it again. President Clinton, one circuit judge per hearing. In fact, I cuit and district nominees, without a with a 6-year opposition party, and me do not believe the Democrats have hearing or vote at the end of 4 years— as chairman, had 377 judges confirmed moved more than one circuit judge per 59. And they are complaining? In con- in his 8 years, during 6 of which Repub- hearing during the entire time they trast, only 53 Clinton nominees were licans controlled the Senate. President have had control of the Senate. not confirmed over my 6 years as chair- Reagan, the all-time champion, got 5 When I was chairman, I had 10 hear- man. But that was in 4 years that they more, 382, and he had 6 years of a favor- ings with more than one circuit nomi- left 59. Now, mine was 53. Yet my able party Senate. nee on the agenda. In fact, I had hear- Democratic colleagues claim that I was I don’t think there is much room to ings with more than one circuit nomi- unfair to the Clinton nominees despite be complaining about what happened nee on the agenda in every session in the fact they left more Bush 1 nomi- during the Clinton years. which I was chairman except for the nees unconfirmed in an actual shorter When President Bush’s judicial con- Presidential election years. That is the period of time. firmations start approaching these precedent and the practice of the com- Second, many of the Clinton nomi- numbers, then I may be ready to agree mittee. nees who were not confirmed had good that the Democrats are treating Presi- Let’s stop making excuses. Let’s con- reasons for not moving. As I have men- dent Bush’s nominees fairly. firm these judges. If we are going to tioned, not including withdrawn nomi- Let me add something more. If you get serious about filling circuit vacan- nees, there were only 53 Article III ju- look at this chart, it is pretty impor- cies, then I encourage my Democratic dicial nominees who were nominated tant because it shows that the total va- colleagues to move more than one cir- by President Clinton during my 6 years cancies at the end of the 102nd Con- cuit judge per hearing. as chairman who did not get confirmed. gress were 95. But if you go to the One of the more ludicrous charges I Of those, nine were nominated too late pending nominees not confirmed at the have heard is that the Republicans did in a Congress for the committee to fea- end of Bush 1, there were 11 circuit not confirm any judges while they held sibly act on them or were lacking pa- court nominees and 48 district court the majority in the Senate last year. perwork. That leaves 44. Seventeen of nominees, for a total of 59 circuit and Let me set the record straight on this. those lacked home State support, district court nominees. President Bush announced his first 11 which was often the result of a lack of If we go to the end of President Clin- judicial nominations on May 9. I sched- consultation with home State senators. ton, it really tells the story. uled a confirmation hearing on 3 of There was no way to confirm those, no In President Clinton’s first 4 years, those judicial nominees—all circuit matter how much I would have liked we had a total of 202 judges confirmed. court nominees—for May 23. to, without completely ignoring the When the Democrats controlled the However, some Democratic members Senatorial courtesy that we afford to committee in 1993, there were 112 va- of the committee claimed to need more home State Senators in the nomina- cancies at the end of the session. Mine time to assess the nominees. Out of an tions process, as has always been the was 54—53, actually. At the end of 1994, abundance of caution, a recognition of case. That leaves 27. of the original 53. when they controlled the committee, their feelings, and in the interest of One nominee was defeated on the Sen- there were 63 vacancies. I remember

VerDate Mar 15 2010 20:48 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00011 Fmt 4637 Sfmt 0634 E:\2002SENATE\S21MR2.REC S21MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2204 CONGRESSIONAL RECORD — SENATE March 21, 2002 President Clinton saying that was a Then in 1996, there were 21 total nomi- Judge Paez for the Ninth Circuit and full judiciary. Senator BIDEN was the nations submitted; 17 confirmed. There Judge Berzon for the Ninth Circuit and chairman, and I agreed. Somewhere were 63 left over. Judge Gregory for the Fourth Circuit around 60 judges is basically a full judi- As you can see, if we compare the and the battle along party lines that ciary. There may be problems in cer- statistics, the Democrats were not mis- arose over the nomination of Bill Lann tain areas, but basically that is a full treated. They were treated fairly. Ad- Lee to be Assistant Attorney General judiciary. mittedly, it is a tough job being chair- for the Civil Rights Division. In 1995, the first year after we took man of the Judiciary Committee. Just as I thought Republicans were over, there were 50 total vacancies left These are hot issues. There are always wrong in the confirmation process dur- and only 13 circuit court nominees left. some people in the Senate, whether lib- ing much of President Clinton’s tenure, Keep in mind, when the Democrats erals or conservatives, who don’t like I think the Democrats are wrong on controlled, on circuit court nominees, certain judges. Let’s face it. It is not what is happening now with the slow- there were 20 at the end of 1993 and in easy to handle some of those problems. ness of the confirmation process. 1994 there were 15. That is what you But I have to admit, the Democrats It may be that, in the final year of a have to do at the end of session—not have been treated very fairly. I would Presidential term, some motivation just choose any 3 months you want to like to see us treated just as fairly as would exist to delay the process so that in any year. Let’s talk in terms of fair- they were. With 95 vacancies existing if a President of the other party is ness here and statistics. today, it is apparent that the job is not elected, there might be a different atti- Let’s go down it again. President getting done. tude on the nominations. Clinton in 1993 nominated five to the I reserve the remainder of my time Certainly those considerations do not circuit court. President Bush has nomi- and suggest the absence of a quorum. apply in a first year or in a second nated 31—actually more than that. He The PRESIDING OFFICER (Mr. year. The individuals who were nomi- nated by the President on May 9 were had 3 nominees confirmed, but there EDWARDS). The clerk will call the roll. were 20 circuit court nominees at the The assistant legislative clerk pro- very well qualified, I think extraor- end of that session. In 1994, he nomi- ceeded to call the roll. dinarily well qualified, being the first nated 17, submitted 17; there were 16 Mr. HATCH. I ask unanimous consent batch submitted by the President. It would be my hope that we could who were confirmed. There were 15 left that the order for the quorum call be establish a protocol. I have prepared a over at the end of 1994. The Democrats rescinded. resolution which would go beyond what controlled the committee. In 1995, he The PRESIDING OFFICER. Without Senator LOTT has called for and would nominated 16; there were 11 confirmed objection, it is so ordered. call for a timetable established by the of the 16. That is a far better record Mr. HATCH. Mr. President, I ask chairman of the committee, in collabo- than we are hearing about the com- unanimous consent that the time dur- ration with the ranking member, to set plaints from the Democrats on what ing the quorum call be charged equally a sequence for when a nominee for the to both sides. happened under my leadership. There district court, circuit court, or Su- were only 13 left, a 7.3-percent vacancy The PRESIDING OFFICER. Without objection, it is so ordered. preme Court would have a hearing. Let rate. that be established and let it be fol- In 1996, I was chairman again. We Mr. HATCH. I suggest the absence of lowed regardless of who controls the only had four nominations. That is why a quorum. White House and regardless of who con- none was confirmed. It was an election The PRESIDING OFFICER. The clerk will call the roll. trols the Senate. year. Eighteen were left over. If you Then a timetable ought to be estab- The legislative clerk proceeded to stop and think about it, that is still 13 lished for a markup for action by the call the roll. fewer than the vacancy rate right now, committee in executive session, and a Mr. SPECTER. Mr. President, I ask or the vacancy rate that existed last timetable should be established for re- unanimous consent that the order for May 9, 31 vacancies. porting the nomination out to the the quorum call be rescinded. In the district courts, if you want to floor. go through it, in 1993 there were 42 The PRESIDING OFFICER. Without There ought to be latitude and flexi- nominations submitted; 24 were con- objection, it is so ordered. bility for that timetable to be changed firmed. That is when the Democrats Mr. SPECTER. Mr. President, I have for cause where there is a need for a controlled the committee. There were sought recognition to support the second hearing or where an additional 92 vacancies at the end of the session. amendment offered by the Senator investigation has to be undertaken. In 1994, there were 77 nominations in from Mississippi, Mr. LOTT, our distin- But there ought to be a set schedule the district court; 84 were confirmed. guished Republican leader, that the which would apply regardless of a Dem- And there were only 48 left at the end Senate Judiciary Committee shall hold ocrat making appointments to a Judi- of that session. In 1995, when I took hearings on the nominees submitted by ciary Committee controlled by Repub- over, there were 68 nominations; 45 the President on May 9, 2001, by May 9, licans or a President who is a Repub- were confirmed. And there were 37 va- 2002. lican submitting nominations to the cancies. In 1996, there were 17 nomina- It is my view that this resolution is committee controlled by the Demo- tions submitted; 17 were confirmed. In preeminently reasonable. Senator crats. It seems to me that just makes that year, 45 at the end of that session. DASCHLE, the majority leader, has sub- fundamental good sense. But if we go to circuit and district mitted a resolution in the nature of a If we established that protocol, it courts combined, in 1993, when the first-degree amendment saying that would stay in effect and we would end Democrats controlled the Senate, there the hearings should be conducted expe- the political division which is not good were 47 total nominations submitted. ditiously. for the reputation of the Senate, it is There were 27 that were confirmed It is my hope there will be a truce on not good for the reputations of the when the Democrats controlled the the confirmation battles that have Senators, and most importantly, it is committee and their own President been raging for a very long time—dur- not good for the country. was there. And there were 112 vacan- ing most of the 22-year tenure I have The resolution I have prepared would cies at the end of that session. In 1994, had in the Senate, all of which has further provide that where a vote oc- there were 94 total nominations sub- been on the Judiciary Committee. We curs for a district court judge or court mitted; there were 100 nominations have seen that when there is a Demo- of appeals judge along party lines, that confirmed. And there were only 63, crat in the White House—for example, nomination be submitted for action by which is still 10 higher than it was at President Clinton—and Republicans the full Senate. The rationale behind the end of my tenure, at the end of the controlled the Senate in 1995 through that, simply stated, is if it is partisan session when President Clinton left of- the balance of President Clinton’s politics, then let the full Senate decide fice. term—that the same controversy it. In 1995, there were 84 nominations arose. I have said publicly, and I repeat We just went through a bloody bat- submitted; 56 were confirmed. And today, that I believe my party was tle, and I think a very unfortunate bat- there were 50 left over at that time. wrong in delaying the nominations of tle, on Judge Pickering. I believe the

VerDate Mar 15 2010 20:48 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00012 Fmt 4637 Sfmt 0634 E:\2002SENATE\S21MR2.REC S21MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 21, 2002 CONGRESSIONAL RECORD — SENATE S2205 real issue of Judge Pickering was no- in the trial courts as well. In a sense, and votes on nominees for these circuit tice to President Bush about the judi- the Senate is something of a trial court court vacancies. cial philosophy of a nominee for the as well. I hope we get the right verdict I know this is a difficult matter. I Supreme Court of the United States, if here. know it has become increasingly politi- and when a vacancy occurs. I thank the Chair and yield the floor. cally charged in the years I have been I do not intend to reargue the Pick- Several Senators addressed the in the Senate and that both sides have ering matter, and I know the distin- Chair. contributed to it. If we are not going to guished Senator who is presiding, the The PRESIDING OFFICER. The Sen- stop that now, then when? This is a Senator from North Carolina, has a dif- ator from Kentucky. good time to sit down in a bipartisan ferent view of the matter, but Judge Mr. MCCONNELL. Mr. President, I fashion and figure out how we can do Pickering is a very different man in say to my friend from New York, my what is in the best interest of the coun- 2002 than he was in the early 1970s remarks are very brief and if he would try because whether people on the when he was a State senator from Mis- not mind my going ahead, this is the other side like it or not, President sissippi, when segregation was the only opportunity I will have to make Bush is there. He is going to be there norm. Judge Pickering had a lot of sup- these remarks prior to the vote. for another 3 years for sure. We need to port from people in his hometown of Mr. SCHUMER. Mr. President, I deal with these vacancies at the circuit Laurel, MS, who are African Ameri- never mind deferring to the Senator court level. cans, who came in and urged his con- from Kentucky, especially when he is I am in strong support of the Lott firmation. brief. resolution to ensure the fair treatment Judge Pickering is behind us. We Mr. MCCONNELL. That is a very of President Bush’s judicial nominees. ought to learn a lesson from Judge good habit, and I hope the Senator As the resolution lays out, the situa- Pickering. from New York will continue it. tion with judicial vacancies has gotten There are six precedents which Sen- Mr. President, I commend the former remarkably worse since President Clin- ator HATCH has put into the RECORD chairman of our committee, Senator ton left office. There were 67 vacancies where nominees turned down for dis- HATCH, and Senator SPECTER for their when President Clinton left office. This trict court or circuit court were con- observations about the dilemma in vacancy situation has now jumped to sidered by the full Senate. That was which we find ourselves. Senator SPEC- 95 vacancies. Thus the percentage of the practice when Judge Bork was TER and Senator HATCH both received a vacancies has climbed from 7.9 percent turned down by the Judiciary Com- good deal of criticism from a number of to 11 percent. It is a sorry state indeed, when Fed- mittee on a 9-to-5 vote. He was then Members on this side of the aisle for eral judges are retiring at a faster rate considered by the full Senate and ulti- moving too many Democratic judges than we can replace them. This va- mately defeated 58 to 42, but he was during the period when President Clin- cancy situation is particularly acute considered by the full Senate. ton was in the White House and the Re- Justice Thomas had a tie vote in the publicans were in the majority in the on the circuit courts, where, as the res- Senate. We have not had any nominee Senate. We should listen to them when olution notes, 31 of the 96 vacancies in my tenure—perhaps no nominee in they engage in this debate. exist. This is an astounding 17.3 per- the history of the Court—more con- Senator SPECTER, in particular, was cent vacancy rates for the courts of ap- troversial than Justice Thomas. But very sympathetic to moving Demo- peals—almost one seat out of every five when the motion was made to submit cratic nominees out of committee and being empty. As the ranking member of the Judici- Justice Thomas for consideration by has offered today to discuss a resolu- ary Committee said, my own circuit— the full Senate, it was approved 13 to 1. tion he is going to submit that I think the sixth—covering Michigan, Ohio, My resolution further calls for Su- provides a solid bipartisan way to Kentucky, and Tennessee, is the worse preme Court nominees to be considered begin to resolve this dilemma in which off of all the circuits. Fully one-half of by the full Senate regardless of the we find ourselves. the appellate judgeships on the sixth committee vote, and I believe there has I say to Senator LEAHY, the chair- circuit are vacant. Think of that. been an acknowledgment on all sides— man of the committee, he has been to- Every other seat on the Federal circuit more than a consensus, a unanimous tally fair with us in Kentucky in deal- that hears appeals from my constitu- view—perhaps just a consensus, but the ing with our district judges. We had ents is empty. That is alarming. general view that a Supreme Court three vacancies in the Eastern District, Now, my friend the chairman—and he nominee ought to be submitted to the all of which have been filled. So we cer- is my friend—knows how warmly I feel full Senate. tainly have no complaint on that score. about him for his handling of the dis- My resolution will also provide that I do want to say something about the trict court vacancies in my home the matter will be taken up by the full Sixth Circuit. The Sixth Circuit is made up of Michigan, Ohio, Kentucky, State. Senate on a schedule to be established But I must confess, I am at a loss, and Tennessee. It is currently 50 per- by the majority leader, in consultation and am becoming increasingly exas- cent vacant. It basically cannot func- with the minority leader. perated, at the inability or outright re- We ought to get on with the business tion. It is not because President Bush fusal—at this point, I don’t know of confirmations. Senator LOTT’s pro- has failed to act. He has nominated which—to confirm some judges to my posal of a 1-year period I think is pre- seven individuals for those eight posi- home circuit. eminently reasonable. One might call tions, and they have been nominated Let me be clear. This is not the it a statute of limitations in reverse. for quite some time: John Rogers from President’s fault. He has nominated in- We lawyers believe in statutes of limi- my State was nominated 93 days ago; dividuals to fill seven of the eight seats tations. Henry Saad, Susan Neilsen, and David on the sixth circuit. Yet none—I repeat Beyond Senator LOTT’s amendment, I McKeague were nominated 134 days none—has even gotten so much as a believe there ought to be a protocol ago; Julia Gibbons was nominated 164 hearing, even though all of the paper- which would establish timetables and a days ago; and Jeffrey Sutton and Debo- work of these nominees is complete. procedure for ending this political grid- rah Cook were nominated an incredible As I said, these individuals have been lock, taking partisanship out of the ju- 317 days ago with no hearings on any of before the Senate for quite some time: dicial selection process so that the these nominees. John Rogers was nominated 93 days courts can take care of the business of Finally, in terms of the Senate as an ago; the country. There are many courts in institution, we cannot function this Henry Saad, Susan Neilson, and a state of emergency with too few way. This is simply not acceptable. I David McKeague were nominated 134 judges to handle the important litiga- think the voters have a right to expect days ago; tion of America. I know that is some- us to do our work. If we are going to Julia Gibbons was nominated 164 thing in which the Presiding Officer come anywhere close to treating Presi- days ago; and has a deep and abiding interest, having dent Bush as President Clinton and Jeffrey Sutton and Deborah Cook spent so much of his life in the trial President Reagan were treated, we are were nominated an incredible 317 days courts, and I spent a fair part of mine going to have to start having hearings ago.

VerDate Mar 15 2010 20:48 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00013 Fmt 4637 Sfmt 0634 E:\2002SENATE\S21MR2.REC S21MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2206 CONGRESSIONAL RECORD — SENATE March 21, 2002 Back home in Kentucky, if you don’t Second, our friends claim we are con- That leads to my fourth point. Be- do your job for 10 months, you are firming too few judges. We have put 42 cause so many Clinton nominees never probably out looking for work. I think on the bench. That is more than were got hearings and never got voted on by the American people ought to remem- confirmed in the entire first year of the the Republican-controlled Senate, the ber that come election time, when they Clinton administration when the courts now more than ever hang in the are thinking about who should run the Democrats controlled the Judiciary balance. Some of the nominees have Senate. Committee. records that suggest extreme view- On behalf of my constituents, I urge They argue we are stalling. But when points. It is our obligation to examine the chairman to take at least some ac- one looks at comparable years, Chair- the records closely before we act. The tion—some action—and try to get at man LEAHY’S Judiciary Committee is Senate is the last stop before a lifetime least a few of these judges confirmed well ahead of pace. So the claims of appointment on the Federal bench, and before the end of the year. stalling ring hollow when one looks at so we cannot blindly confirm judges To do that, we are going to have to the facts. who are a threat of rolling back rights pick up the pace considerably. We hear Third, when we point to raw num- and protections through the courts not about how poorly President Clinton bers, our colleagues change the argu- over the last 25 years but over the last was treated—even though he got close ment and point to the percentage of 70. Some of these judges want to go to 400 judges and finished in second seats that remain vacant. Well, a prob- back to pre-New Deal: Reproductive place all time, only 5 behind President lem cannot be created and then the freedoms, civil rights, the right to pri- Reagan. complaint made that someone else is vacy, the right to organize, environ- But to equal the number of judges not solving it fast enough. That is the mental protection, worker and con- President Clinton got confirmed in his height of unfairness. That is the height sumer safety. first term, we’re going to have to con- of sophistry. In my State of New York, the admin- firm 87 or so judges before the end of Our Republican friends controlled the istration has so far worked with us in the 107th Congress. And to reach that Judiciary Committee during the last 6 good faith to select nominees who meet parity, we’re going to have to have years of the Clinton administration, three requirements for judges, at least hearings, markups, and votes on over and during that time vacancies on the the three I have told them I care about: four judges per week. bench increased some 60 percent. All of Excellence, moderation, and diversity. We can’t just have a nomination a sudden we are concerned about va- Nominees who meet these criteria will hearing for a single circuit court nomi- cancies. What happened in 1998 and 1999 win my swift support. For those nomi- nee every other week. We can’t have a and 2000? We were not concerned with confirmation hearing one week—with nees who raise a red flag, whose record vacancies then—only now. suggests a commitment to an extreme maybe one circuit court nominee at We are not going to play games and best—and a markup the next week. We ideological agenda, we have to look at say what is good for the goose is good need to get on a regular pace of having them closely. for the gander. We are not suggesting These days, the Supreme Court is hearings, markups, and floor votes two wrongs make a right by holding up taking fewer than 100 cases a year. every week for a reasonable number of judges the way it was done previously. That means these appellate court judges, including circuit judges. In sum, because the vacancy situa- Instead, we are going to decrease that, nominees particularly will have, for tion is deteriorating by the day, I am and we have gotten off to a good start. most Americans, the last word on cases Addressing the point my good friend compelled to urge the adoption of the that are the most important matters in from Kentucky made about the Sixth Lott resolution. their lives. We need to be sure the peo- I thank the Senator from New York Circuit, yes, there are many vacancies ple to whom we give this power for life for his indulgence in allowing me to go there, and that is because nominees are fair minded, moderate—I never like ahead of him. who were put in by President Clinton, judges too far left or too far right; they I yield the floor. Helene White in particular, were held both become activists and try to The PRESIDING OFFICER. The Sen- up for very long periods of time. change the law way beyond what the ator from New York. Now, what is fair if you want to fill legislature wants—and they have to be Mr. SCHUMER. Mr. President, I wish the vacancies? What is fair is not for worthy of the privilege. to say a few words about judicial nomi- the President to just pick names and We have worked together with our nations and the pending amendment. say, endorse these, but what is fair is Republican colleagues on several mat- Our friends on the other side of the for the President to sit down with all ters since September 11, and by and aisle made a lot of hay about our the Senators from the Sixth Circuit, large we have done well to keep things record of judicial nominations, but the not only the Senators from one party, bipartisan. Campaign finance reform facts do not support the allegations. and come to an agreement about who yesterday was a huge hurdle for us to First, under Chairman LEAHY’S lead- should be nominated. Maybe Helene clear. On election reform, I am opti- ership in the 9 months since the Sen- White should be nominated now, and mistic we are very close to a bipartisan ate’s reorganization, and despite the then one of the President’s selections. solution. The energy bill has a lot of disruptions caused by the attacks of Maybe it should be people on whom amendments to work through. September 11 and the anthrax in our both sides can agree. Again, in this body, whether you offices, we have sent 42 nominees to be So if there is real concern about fill- have 51 or 49, much cannot be accom- voted on. Yet our friends continue to ing the Sixth Circuit, I say to my col- plished unless we work in a bipartisan argue we are not holding enough hear- league from Kentucky—I wish he were manner. On judicial nominees, why can ings. Forty-two nominees is a huge still present—then consult all the Sen- we not do the same thing? Both sides number. ators of that circuit and we can get ought to be working together to cor- I remember the hearing we had the judges done like that. rect imbalances in the court and keep day we were evacuated from the Hart To say, after the other side held up the judiciary within the mainstream. Building and all of the office buildings. judges whom President Clinton nomi- We need nominees who are fair and We had a hearing—that happened to be nated, now we should just, without open minded, not candidates who stick the first one with Judge Pickering —in even aforethought, approve all the to an ideological agenda. The Constitu- a cramped, little room in the Capitol. judges President Bush nominates, when tion mandates this. It is not just the Senator LEAHY came back once during he does not consult with anyone from Senate consent; it is the Senate gives recess to hold a hearing, I am told. this party—and I say that as somebody advice and consent. As far as the ad- This is clearly not the action of a who greatly respects the President and vice part of that phrase goes, there has group trying to hold up judges. gets along with him—does not make been very little advice sought of this In 1999 and 2000, by contrast, the Re- any sense at all. Do not make the argu- body. That is the reason we have such publican-controlled committee held ment about vacancies that you have a deadlock. only seven hearings all year, and those created unless you are prepared to I prefer judges who do not stick to an were entire years, not the few months make this a partnership to fill those ideological agenda. I prefer our judges we have had. vacancies. share views with mainstream America.

VerDate Mar 15 2010 20:48 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00014 Fmt 4637 Sfmt 0634 E:\2002SENATE\S21MR2.REC S21MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 21, 2002 CONGRESSIONAL RECORD — SENATE S2207 However, I have no problem in voting Also, I remember the case of Bill us somebody that is a strong conservative, in favor of some very conservative Lann Lee very clearly. There are many you’re not going to get him.’ nominees when there is some balance Horatio Alger stories about the strug- ‘‘Guess what?’’ Rove added. ‘‘They sent the wrong message to the wrong guy.’’ on the court; there is Scalia on one gle of parents who have sacrificed in In addition to sounding a defiant note on side, maybe, and a Black or a Douglas order to give the opportunity for edu- judicial nominations, Rove’s speech set out a on the other side. That would make a cation to their children. But they have broad agenda for cooperation between the great Supreme Court. The issues would a hard time mentioning the extraor- administration and the Christian right. be debated. dinary sacrifice of the parents of Bill ‘‘There’ll be some times you in this room That is what President Clinton did, Lann Lee. and we over at the White House will find our- selves in agreement, and there’ll be the occa- by and large. He nominated moderates. I remember the hearings on Bill Lann We forget that. If you look at an sion when we don’t. But we will share a heck Lee. He had been an outstanding civil of a lot more in common than we don’t. And unobjective scale and look at middle rights leader. Individuals on the oppo- we’ll win if we work together far more often America, the nominees of President site side of his cases came in and testi- than the other side wants us to,’’ Rove told Bush are much further to the right fied about his fairness and how he com- the group of about 250 Christian political ac- than President Clinton nominees to the mitted to the Judiciary Committee tivists from around the country. left. Most of the people he nominated During the speech and subsequent ques- that he was prepared to uphold the law. tion-and-answer session, Rove promised that were prosecutors, law firm members. It But not according to the Judiciary was not a phalanx of legal aide lawyers the white House would push welfare reforms Committee and to the majority of the that encourage families and marriage. and people who would tend to be more Judiciary Committee. They refused to He also said the administration would try liberal. Even the moderates toward the let him go ahead and get confirmed and to find ways to support crisis pregnancy cen- end of Clinton’s terms did not get a let the President of the United States ters that counsel women against abortion. hearing on the Fifth Circuit. have his own person, his own man in And he predicted a battle in the Senate over administration-backed proposals to ban Mr. KENNEDY. Will the Senator this case, to be the head of the Civil yield? human cloning. ‘‘The other side is winning Rights Division. Mr. SCHUMER. I am happy to yield. the P.R. war’’ to permit laboratory cloning Mr. KENNEDY. I thank the good It is not just numbers; it is how peo- for medical research, he said. ple are treated. I would hope we could Rove referred to the Senate’s action on Senator for his presentation today, re- Pickering’s nomination as a ‘‘judicial lynch- viewing the historical background of get about the business in trying to find a way to work together. I was sur- ing’’ and said the blocking of such nominees the record of the committee, as the ‘‘needs to be the issue in every race around Senator from Vermont, our chairman, prised—I don’t know whether the Sen- the country for the United States Senate.’’ Mr. LEAHY has done—and he has been ator was surprised—to read in the Senator Patrick J. Leahy (D–Vt.), chair- assaulted and attacked. Senator SCHU- newspaper, and I don’t know if it is ac- man of the Judiciary Committee, has denied MER has also reviewed the unfairness of curate, about how a principal Presi- that the panel is out to block Bush’s judicial the treatment of individuals as a result dential adviser indicated they were selections, noting that it approved 42 nomi- prepared to take up what they consider nees to federal courts before it rejected Pick- of the Republican activities. ering. I agree with the Senator from New a challenge by the Judiciary Com- Leahy also said the panel had conducted York. We ought to understand what the mittee and continue to nominate indi- more hearings and votes on federal judge- Constitution asks of us; that is, have viduals who were going to be represent- ships since Democrats assumed a majority in shared power with the Executive. We ative of a particular philosophy. the Senate last year than the GOP-led Sen- know this President has the primary If we are trying to talk about fair- ate did during the entire Clinton administra- responsibility, but it is a shared power. ness, trying to talk about balance, try- tion. We ought to exercise it in a responsible ing to talk about quality in the Fed- Mr. KENNEDY. I am interested in way. I hope that will be the way in the eral judiciary, I don’t know if the Sen- any reaction of the Senator. future. ator finds it perplexing we have rep- Mr. SCHUMER. I thank the Senator If there is any benefit that will come resentatives of the party talking about from Massachusetts for, as always, from this debate and discussion, per- fairness, and at the same time prin- being right on target. The Senator haps it is that we will have a better un- cipal advisers of the President of the makes two very good points that I derstanding, as will the American peo- United States are evidently giving re- share. ple, and we will move ahead in trying assurances to, in this case the Wash- No. 1, it seems we are supposed to re- to get well-qualified people who de- ington Post, saying to individuals: Not member history. The other side would serve to be there. to worry; the administration will con- like us to forget about everything that I have a number of echoes that still tinue to support very conservative happened in 1998, 1999, and 2000 and say: ring in my mind about how people were nominees. Forget all that; just go forward. treated. Numbers do not always define I ask unanimous consent to have this Unfortunately, we are left with the how people were treated. I was in the article from the Washington Post burden of going forward based on what Senate when Ronnie White, who had printed in the RECORD. happened in the past, based on the fact been reported out of our committee, There being no objection, the article the bench was empty because there and on a Tuesday afternoon was going was ordered to be printed in the were certain people who did not meet to be voted on at 2:15, the Republican RECORD, as follows: certain criteria; based on the fact, as the Senator from Massachusetts men- caucused on Ronnie White, and without [From the Washington Post, Mar. 20, 2002] any information to any of the members tions, there was not a process in cer- ROVE TO GROUP: BUSH TO PRESS FOR of the Judiciary Committee, came tain instances—no fault of our good CONSERVATIVE JUDICIARY here, after distorting and misrepre- friend from Utah. (By Alan Cooperman and Amy Goldstein) senting his position, and voted unani- The case of Ronnie White was one of mously—every single Republican— As the Senate Judiciary Committee was the more appalling cases I have wit- against him, without any notification, voting Thursday evening to reject U.S. Dis- nessed in my 22 years in the Congress, trict Judge Charles W. Pickering for an ap- in the House and the Senate. It seems serious distorting, and misrepresenta- pellate court position, presidential adviser tion of his outstanding record as a Karl Rove was telling an influential Chris- there is a whole new standard. What is judge. tian political action group that President so ironic, the second point the Senator Talk about fairness. This was after Bush would continue to nominate conserv- from Massachusetts made, we could Senator BOND from Missouri had intro- atives as federal judges. easily come to agreement if we work in duced him to the Judiciary Committee ‘‘We’re not going to have a pleasant day a bipartisan way. Let’s not fool any- recommending the Judiciary Com- today [in the Senate],’’ Rove told the Family body. We have not been consulted. We mittee support him, and the Judiciary Research Council at the Willard Hotel, ac- have not been asked for advice. We Committee did support him. But not cording to a tape recording given to The have not been talked to about where Washington Post by an attendee. ‘‘. . . This behind closed doors, with distortion is not about a good man, Charles Pickering. judges should be. It is, instead: Here is and misrepresentation, in an attempt This is about the future. This is about the the group and you must rubberstamp to humiliate him. Fairness goes there, U.S. Supreme Court. And this is about send- them. That is not what the Founding too, does it not? ing George W. Bush a message that ‘You send Fathers intended.

VerDate Mar 15 2010 20:48 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00015 Fmt 4637 Sfmt 0634 E:\2002SENATE\S21MR2.REC S21MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2208 CONGRESSIONAL RECORD — SENATE March 21, 2002 Most Americans would agree the I regret that. I think the Senator has going to create a full bench. And it is President and our colleagues from the outlined, really, the way we should not going to create a fair bench. It is other side would nominate judges to proceed. I want to give him the assur- going to give many of us no choice the right of the mainstream, and we ance—I know the Senator from New than to vote ‘‘no’’ more often than we might like judges somewhat to the left York feels this way, and we see the would like. of the mainstream. Doesn’t it make Presiding Officer, the Senator from I was at the Supreme Court last week sense if we consulted we would come North Carolina, a member of the Judi- addressing the Judicial Conference of together in the middle? It seems to be ciary Committee—we all want to try to the United States. I spoke to Justice the view of the other side, all of a sud- get in the courts well-qualified individ- Rehnquist. He was sitting next to me den—not a consistent view, not a view uals who have a fundamental and core and to other Judges there. I stated my held for the last decade or two, but all commitment to constitutional rights message, and I think it must be re- of a sudden—unless you find a judge and liberties. peated. who has engaged in some kind of egre- I thank the Senator and appreciate gious conduct, you must approve them. his comments. Our courts are in danger of slipping I object to that and I thank the Sen- Mr. SCHUMER. I thank the Senator out of balance. We are seeing conserv- ator from Massachusetts for bringing from Massachusetts. ative judicial activism erode Congress’ this up. We really hope, on our side, we can power to enact laws that protect the It is perfectly fair to ask people work together. We do want to be bipar- environment and women’s rights and about their judicial philosophy. This is tisan. I think every time the President workers’ rights, just to name a few. the third position of our government. has reached out his hand, we have tried Like at almost no other time in our It is as important as any of the others. to move in the direction that brings us past, we are seeing a finger on the scale We do not just rubberstamp people. to the middle. that is subtly but surely altering this The only time in our history when Somehow on judicial nominations it balance of power between Congress and there has not been this kind of debate is different. I don’t know why it is dif- the courts. It is not good for our Gov- is when both sides were intent on ferent. Maybe my good friend from ernment, it is not good for the country, nominating moderate judges, such as Utah would recognize why it is dif- and it should stop. in the Eisenhower administration. But ferent. I don’t know. But he must know Moderate nominees, who are among otherwise, in the late 1960s, early 1970s, that on the Judiciary it is. the best lawyers to the bar—the best I, for one, have no litmus test at all. there were judges way to the left and nominees the bar has to offer—are As I mentioned, I am willing to see bal- people on the other side said bring it to being confirmed rapidly. The com- ance on the Court. That means some the middle. That was fair. We are say- mittee has voted in favor of 42 of them judges to the right and some judges to ing the same thing now. in just 8 months. I can tell you for me, I just ask my good friend from Mas- the left and many in the middle; it is as chairman of the Subcommittee on sachusetts who has so much experi- not all over to one side. Courts, it is a heck of a lot easier to President Bush told us he picked ence, doesn’t it seem logical that if we rapidly confirm nominees when almost judges in the mold of Scalia and Thom- were consulted, we would not get ev- everyone agrees that a nominee is le- as. If you look at the nine members of erything we wanted; if there was advice gally excellent and ideologically mod- the Supreme Court, those are the two as well as consent, that we would come furthest to the right. One or two erate. When issues of diversity are up with moderate, mainstream Scalias or Thomases, that is one thing. properly accounted for, we move for- judges—to the middle, that we would A bench of nine of them, that is not ward hand in hand together. move them quickly, that the process what Americans wanted in the election The debate in the Chamber doesn’t do would be truly bipartisan, instead of of 2000. The electorate was moderate anything to solve the problem we all the hard right talking to the far hard and voted towards the middle. A bench agree is facing our courts. I agree we right and deciding that is a com- filled with conservative judges is not have to do better. But doing better promise? what is in the mainstream of this coun- doesn’t mean an administration that Mr. KENNEDY. The Senator is abso- try. It is unacceptable. nominates without consultation and lutely correct. We have seen examples I worry that the administration is thinks that our job should be just to where we have worked together. I can willing to take casualties in this fight. rubberstamp them, pass them through, think of the area in which I have been They will send up waves of Scalias and or give them some kind of ethical most involved, working with the ad- Thomases. If one of them gets shot check and nothing else. That is not ministration on education reform. We down, there will be another one. It is a how it is. That is not how it was. That have seen other actions out here—the small price to pay. They still win and is not how it is going to be. bioterrorism effort, and just recently stack the courts. I, for one, don’t be- That leads to my final and fifth working together in our committee— lieve that is the way we should pro- point. I think the rhetoric here some- the Senator is a Member—on the whole ceed. times gets out of hand. Each side has reform of the immigration system. We Our country is divided ideologically. views that are firmly held. That is why have a strong bipartisan effort. We The mainstream is right in the middle, compromise in coming to the middle is have lines of communication. We do as it almost always is. There are peri- important. But anytime that we on not get everything we need, but that is ods when it is further to the right or this side vote against a nominee the the way it works. left—it is not right now. The Presi- President has put forward, we are ac- I daresay our judiciary ought to be dential election showed that. the No. 1 area where we are working cused of playing politics, or even that We had two presidential nominees, we are not voting for what we believe together because of the key aspect, the neither of whom was at the far end of protection of the basic and funda- is right, but because some evil, mali- their party—both probably in the mid- cious groups out there are exerting too mental liberties that are enshrined in dle of their parties—and the election the Constitution, ultimately rests with much pressure. Groups that support was as close as could be. The American the nominees, the Christian Coalition, the judiciary. That ought to be the people were not saying give us people prime example of working together. for instance, they are great. They are on the bench way over to the right—in exercising their constitutional right. History has given us those examples. the 10 percent most conservative; they What we find distressing is, now, the But a group like the NAACP, that is were saying move to the middle. against a nominee, is exerting too report of Mr. Rove to a group: Again, there has been no consulta- much pressure. Bush to press for conservative judiciary. tion with us, no desire to meet us part It isn’t we are going to be pressing of the way—as there is on education, Come on, that is not where this de- for the best qualified members of the and has to be on budget. Rather, the bate ought to be. judiciary. It isn’t going to be the ones Administration sends us wave after How about this idea that we are hold- who can serve the public best. This is wave of people way over to the right. ing up nominees because we have asked the kind of view that is evident within It is not going to create harmony. It for unpublished opinions? For Judge the administration. is not going to create comity. It is not Pickering, the vast majority of his

VerDate Mar 15 2010 20:48 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00016 Fmt 4637 Sfmt 0634 E:\2002SENATE\S21MR2.REC S21MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 21, 2002 CONGRESSIONAL RECORD — SENATE S2209 opinions, huge numbers, were unpub- Judge Pickering was given every op- resented. The municipality either had lished. portunity to answer those questions. to spend millions of dollars in defend- Let’s take it the other way. Let’s say The process was fair, and the process ing itself, even though they probably we would not have asked for his opin- worked. would have won in the end, or they ions. Let’s say we had not spent weeks I understand there is a lot of tension would have to settle the case. And reviewing them, as we should do with a around here about that vote. I under- guess what? Race-based quotas would lifetime appointment to the court of stand that some feelings were hurt. be imposed upon them. appeals. Everyone in this Chamber That doesn’t make me happy. I would So some of the defendants just set- knows what would have happened. We like to be able to vote for every single tled the case to get rid of the extra ex- would have been accused of voting judicial nominee who comes before us. penses they did not want to go against the nominee without even re- But we have an awesome responsibility through. That is the way it is done. viewing his record. here. We do the Nation’s work. I predicted he would use the Civil To suggest there is something wrong I couldn’t be more proud to be a Rights Division to do exactly that. I with doing a thorough review of a Member of this august body. I look at think, of course, there was more than a nominee’s record is to suggest that ei- my friends, such as the senior Senator better case that he would do exactly ther we just rubberstamp confirma- from West Virginia, Mr. BYRD, and the what he did. That doesn’t negate the tions or simply make up our minds on senior Senator from Utah, Mr. HATCH, fact that he is a terrific human being the basis of politics and party and not and the majority leader and minority and somebody for whom I personally the record. leader. And I see the best the Nation care. But we are talking about a vol- The irony is, of course, that some of has to offer—fine Senators, all of them. ume of law. my friends who are leveling these com- I see Senators who want to bring honor Again, I come back to all the scream- plaints are the same folks who re- to this institution. As we go forward ing and shouting about how badly Clin- quested that Clinton nominees not just with these confirmation hearings, we ton judges were treated. Reagan, the go over their records, their judicial and need to do better ourselves to respect all-time champion with 382 confirmed legal records, but how they voted as the traditions of this body. judges, had 6 years of a Republican private citizens in statewide referenda. It is my profound hope that we will Senate. Clinton had 5 fewer, 377 judges, These are my same colleagues who continue to hold hearings, that we will and with 6 years of a Republican Sen- criticize us for saying ideology is rel- continue to be careful, that we will ate, the opposition party. evant. I do not get that. continue to fully review nominees’ Where is the argument? I have to say They want us not to review all the records, that we will continue being this: We never had 112 vacancies at the opinions of a nominee, but when the honest about why we are voting the end of a session. We never had 95 va- nominees were nominated before, they way we are voting, and also that we cancies at the end of the session, which wanted even to know their private vot- can dampen the rhetoric and respect is where we are today—95 vacancies. ing records. the way each of us approaches these Let me go a little bit further. I truly Last summer, getting to my conclu- votes. do love the Senator from New York. We sion here, I called for us to be more Thank you, Mr. President. I yield the all laughed in committee because he open and honest about how we handle floor. said he loved me and I said I loved him. judges. I said we should take judicial The PRESIDING OFFICER. The Sen- He is a fine man, and he is a very good philosophy and ideology out from ator from Utah is recognized. advocate. I respect him. His argument under the rug. I said we should stop Mr. HATCH. Mr. President, I have is that we should go right to the mid- playing ‘‘gotcha’’ politics and start been listening to my colleague. It has dle and we should just appoint mod- saying what we are really thinking, so been very interesting to me. Of course, erates. if one side is opposed to a judge but they brought up Ronnie White. Ronnie I have to tell you that if that had they don’t want to say they are op- White was voted out of the committee. been the rule when President Clinton posed to his record, they don’t go look His nomination was at least brought to was President, we wouldn’t have many and see what he did 30 years ago and the floor where he had a vote. Both of Clinton judges on the bench today. look for some minor, certainly forgiv- his home-State Senators voted against They weren’t exactly moderates. Some able transgression. him. Under those circumstances, it is were. Some in the Bush administra- If ideology didn’t matter, how come pretty hard to say that other Senators tion—in fact, probably a majority will most of the votes on most of the con- were acting improperly in supporting be moderate nominees. troversial judges, where supposedly it the home-State Senators. I can tell you To say that you can’t have a liberal was something somebody did 30 years right now that when two Senators from on the bench, or you can’t have a con- ago—sometimes it is all the Repub- any State fail to return a blue slip for servative on the bench, or someone in licans who think that transgression a district court nominee, that is basi- the mainstream just because one side was terrible and that judge should be cally the end of that district court or the other doesn’t want him or her, I voted down, and the Democrats think, nominee. If they were split, that nomi- think is wrong. Admittedly, we have oh, no, it is fine. Then the opposite oc- nee might come to the floor. I do not right-wing groups come in here and curs, and then the Democrats say: Oh, know if that is the position the current start demanding that I stop all these that transgression is horrible. Judiciary Committee is taking. But at judges. I told them to get lost. I would If the votes were evenly scattered least White had a vote. like to see the Democrat side tell those throughout our philosophical views and Judge Pickering didn’t even get that. liberal, left-wing groups to get lost— in our party, then fine. But they aren’t. I think the reason was that Judge not that they cannot speak out in this We know what is going on here. We Pickering would have been confirmed country; of course, they can. But when ought to do it out in the open. on the floor because he is a fine man. they start character assassinations as I am proud to say that judicial phi- Everybody knows it. they did with Judge Pickering, I think losophy and ideology will influence my To bring up Bill Lann Lee, who was they ought to be told to get lost. When- vote. It is not a litmus test, but it cer- not a lifetime appointment, seems to ever conservative groups did it, I told tainly is part of nominating and con- me goes a little bit far here. I like him. them to get lost. sidering a judge. He is a good man. I would have sup- The Senator from New York said the To do that, we have to investigate ported him for any other position. But White House has not consulted with records and hold hearings where tough he was a recess appointment. I pre- Democrats about judicial nominees. questions but fair questions are asked dicted that one reason we couldn’t sup- But I can count on the fingers of one and where nominees have the chance to port him was that he said he was hand the number of circuit court nomi- tell their side of the story. against race-based quotas. Yet his nees of President Bush who do not have I chaired the first hearing on Judge whole experience in California had blue slips supporting their nominee. Pickering. I was there for the second been built upon bringing actions This goes for numerous States with hearing. Every Senator had a chance to against municipalities and other bodies Democrat and Republican Senators ask every question he or she wanted. on behalf of the organization he rep- alike. Of course, Judge Pickering had

VerDate Mar 15 2010 20:48 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00017 Fmt 4637 Sfmt 0634 E:\2002SENATE\S21MR2.REC S21MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2210 CONGRESSIONAL RECORD — SENATE March 21, 2002 the support of his home-State Sen- been approved by the ABA either with the comments that my democratic col- ators. There were no blue slips with- a ‘‘qualified’’ or a ‘‘well qualified’’ rat- leagues have made about Judge held in that case. Both Senators want- ing, and some of the most important Pickering’s nomination. ed Judge Pickering. I think a majority nominees in history. It is no secret that two very different of the Senate wanted Judge Pickering. I am also compelled to respond to a pictures of Judge Pickering emerged I am not sure what kind of White severe mischaracterization that some from his confirmation battle. One pic- House consultation my colleagues have of my Democratic colleagues have per- ture was that of a man who took coura- in mind. Surely they are not talking petrated about judges. They have re- geous stands against racism at times about veto power over all of President peated that they noticed their first when doing so was not merely unpopu- Bush’s nominees regardless of whether confirmation hearing within minutes lar, but also when it put him and his they are from their own State. This of reaching a reorganization resolution family at great personal risk. This man would fly in the face of the committee in July. While technically true, this endured political and professional sac- blue slip process and precedents we declaration leaves out an important rifice to stand up for what he believed have always had. But that seems to be fact: was right. And, in his more than a dec- what they are asking for. The Democrats took charge of the ade on the federal bench, this man If the White House doesn’t come up Senate on June 5 of last year, but demonstrated an ability and willing- and consult with Senators who are not failed to hold any confirmation hear- ness to follow the law even when he from the State that the nominees are ings during the entire month of June. personally disagrees with it. This is the coming from—are they are using that There is simply no basis for asserting picture of Charles Pickering that I as an excuse? The White House does that the lack of an organizational reso- know and the picture I am convinced is have an obligation to consult. I have lution prevented the Judiciary Com- accurate. told them they have to consult, and I mittee from holding confirmation The other picture of Charles Pick- expect them to. I know Judge Gonzales hearings in June, which is precisely ering that emerged was far less flat- and his team consult with Senators what my colleagues have implied. tering. But I am just as convinced that The lack of an organizational resolu- who have people from their States. this picture was groundless. It was the Are we going to go as far as Abner tion did not stop other Senate commit- product of engineering by extreme left Mikva went? The former distinguished tees from holding confirmation hear- Washington special interest groups ings in June. In fact, by my count, 9 judge on the Circuit Court of Appeals who are out of touch with the main different Senate committees under for the District of Columbia recently stream and have a political axe to Democratic control held 16 confirma- wrote an article stating that he grind. Make no mistake about it—these tion hearings for 44 nominees during thought President Bush should not groups have their own political agenda, the month of June. One of these com- nominate anyone to the Supreme Court which is to paint President Bush’s mittees—Veterans’ Affairs—even held a because he really doesn’t have a man- nominees as extremists and block them markup on a pending nomination. date; he is not really the President of But in the same period of time, the from the federal bench. These are the the United States. That is like saying Judiciary Committee did not hold a same groups who came out against the Defense Department shouldn’t real- single confirmation hearing for any ju- General Ashcroft, Justice Rehnquist ly operate; that we should leave it to dicial and executive branch nominees and even Justice David Souter, when up to the Senate Committee on Armed pending before us—despite the fact he was nominated to the Supreme Services to solve these problems. That that some of those nominees had been Court. They were all then, as they are is how ridiculous these arguments get. waiting nearly 2 months. now singing the parade of horribles. The fact of the matter is that liberal What’s more, the lack of an organiza- The groups are committed to chang- Presidents generally appoint more lib- tional resolution did not prevent the ing the ground rules for the confirma- eral judges; conservative Presidents Judiciary Committee from holding five tion process. There is a new war over generally appoint more conservative hearings in 3 weeks on a variety of circuit nominees, and they demand judges. other issues besides pending nomina- that the Democrats do whatever pos- I don’t think you can categorize tions. Between June 6 and June 27, the sible to stop or slow the confirmation George Bush’s judicial nominees as committee held hearings on the Fed- of these fine nominees. For them, the purely conservative. They have been in eral Bureau of Investigation, chari- means justify the ends at whatever the the middle of the mainstream. That table choice, and death penalty cases. cost—including the gross distortion of doesn’t mean because some are con- There were also subcommittee hearings a man’s record and character. servative that they are outside of the on capital punishment and on injecting The overwhelming bipartisan support mainstream. The mainstream includes political ideology into the committee’s we received for Judge Pickering’s nom- from the left to the right—reasonable process of reviewing judicial nomina- ination from his home state of Mis- people who want to do what is right, tions. sissippi speaks volumes about him. It who literally are willing to abide by Although several members were not is very telling that those who know the law, and who deserve these posi- technically on the committee until the Judge Pickering best, including promi- tions. Senate reorganization was completed, nent members of the African-American The Republicans didn’t take the posi- there was no reason why Senators who community in Mississippi, came out in tion that we just have moderates in the were slated to become official members droves to urge his confirmation. In Federal judiciary when President Clin- of the committee upon reorganization contrast, those who most vociferously ton was President. Frankly, if we had could not have been permitted to par- opposed his confirmation do not know taken that position, we would have ticipate in any nomination hearings. him, but rather spent the past 7 been excoriated like you couldn’t be- This was successfully accomplished in months combing through his record for lieve here in the Chamber, or, in fact, the case of the confirmation hearing of reasons to oppose him. They developed anywhere. Attorney General Ashcroft, which was chain letters, mass faxes, and Wash- The fact of the matter is that all we held when the Senate was similarly sit- ington position papers. Why? In the are asking is fairness. We have 95 va- uated in January. words of the leader of one liberal inter- cancies. Last May 9, we had 31 Federal Instead, we lost the chance to move est group, ‘‘We think he (Judge Pick- Circuit Court of Appeals vacancies. nominees in June, not because of nomi- ering) is an ideologue.’’ Today, we have 31 Federal circuit nations over reorganization, but be- It doesn’t matter to these groups courts of appeals vacancies—a year cause of the failure of the Democratic that Judge Pickering had the qualifica- later. And we have 8 of the original 11 leadership to schedule hearings. tions, the capacity, the integrity, and nominees still sitting in committee So, I would hope we can get to con- the temperament to serve on the fed- without a hearing, some of the finest firming judges, rather than offering ex- eral circuit court bench. He is a judge nominees I have ever seen, none of cuses for why they are not—and having that would have followed the law and whom would be categorized as far 31 vacancies on the circuits. left the politics to the people on the right, in my opinion, all of whom are in Mr. President, I would like to take circuit court, just as he has on the dis- the mainstream, and all of whom have just a few minutes to address some of trict court. But I know that is not

VerDate Mar 15 2010 20:48 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00018 Fmt 4637 Sfmt 0634 E:\2002SENATE\S21MR2.REC S21MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 21, 2002 CONGRESSIONAL RECORD — SENATE S2211 what the groups want. They want ac- that the district judge made a run-of- The PRESIDING OFFICER (Mr. CAR- tivists on the bench that support their the-mill mistake. In other words, no- PER). The Senator from Arizona. political views regardless of the law. body’s perfect—not even federal judges. Mr. KYL. Mr. President, I thank the That is wrong. What matters to them They do get reversed on occasion. The distinguished ranking member of the is that Judge Pickering did not meet bottom line is that there is simply Judiciary Committee for yielding some their litmus test of supporting the nothing remarkable about Judge time to me. I think the points he right causes, regardless of his dem- Pickering’s 26 reversals. makes are well taken. onstrated commitment to following the I suspect that many of my col- I would like to get back to the basic law. leagues’ misperceptions about Judge resolution that is before us. It is a very Although I am deeply troubled by the Pickering’s record as a district judge simple resolution that says that we smear campaign that was waged stem from the gross distortion of that should at least have hearings in the Ju- against Judge Pickering, I am con- record by the liberal special interest diciary Committee on the nominees for vinced that the accurate picture of groups. For example, one often-cited the circuit courts that have been pend- Judge Pickering was the one of a man area of concern is Judge Pickering’s ing the longest, since May 9 of last who was committed to upholding the record on Voting Rights Act cases. But year, that we should at least have a law and who would have been a sterling the bottom line here is that Judge hearing on those nominees before the 1- addition to the Fifth Circuit. I regret Pickering has decided a total of four year anniversary of their nomination. that the inaccurate and unfair portrait such cases. The only one that was ap- That is eminently reasonable. I sus- painted by people whose purpose is to pealed involved issues pertaining solely pect that all 100 of us will vote for that obscure the truth rather than to reveal to attorney’s fees. None of the other sense-of-the-Senate resolution. it persuaded my Democratic colleagues three cases—Fairley, Bryant, and Mor- That is going to, then, require us to to oppose his nomination. gan—was appealed, a step that one can do some things to ensure that those Of course, the defeat of Judge reasonably expect a party to take if it hearings, in fact, can be held. I can Pickering’s nomination is significant is dissatisfied with the court’s ruling. think of no reason why anyone would for other reasons as well. He represents Moreover, the plaintiffs in the Fairley oppose the scheduling of hearings on the first judicial nominee defeated in case—including Ken Fairley, former these eight distinguished nominees a committee in over a decade—in fact, head of the Forrest County NAACP— year after their nomination. since the Democrats last controlled the have written a letter to the committee But I think the comments, primarily committee. in support of Judge Pickering’s nomi- of the Senator from New York, have When the Republicans were in charge nation. really put into perspective what this of the Judiciary Committee during 6 Another case my colleagues have debate is all about. He has made three years of the Clinton administration, we complained about is the Swan case. basic points, all of which are depar- did not defeat a single nominee in com- But there, Judge Pickering was rightly tures from past precedent. The reason mittee. In fact, the only Clinton nomi- concerned that Swan’s co-defendants— this is important is because it provides nee who was defeated—and who, inci- one of whom had a history of racial the reasons why many Members on the dentally, lacked the support of his animus and had fired a gun into the other side of the aisle have supported home state senators—was nevertheless victims’ home—got off with a relative the chairman of the Judiciary Com- granted a floor vote. slap on the wrist while Swan faced mittee in not holding hearings, in not I find it ironic that a number of my seven years’ incarceration. As one legal voting on nominees, and in not allow- Democratic colleagues actively lobbied ethics expert noted, ‘‘Judge Pickering ing the full Senate, as a result, to vote to get floor votes for Clinton nominees, was clearly concerned that no rational on nominees to the circuit courts of ap- yet they now have denied a floor vote basis had been demonstrated for the peals. for Judge Pickering, who has the sup- widely disparate sentencing rec- One cannot argue about the quali- ommendations in Swan. Without such port of both of his home state Senators fications of these nominees. a basis, justice does not appear to be and who would very likely be con- So there have been three reasons pos- unbiased and non-prejudiced.’’ ited by the Senator from New York as firmed if his nomination received a Judge Pickering’s qualifications are to why it is fair not to hold hearings floor vote. also reflected in his ABA rating, which And let me talk about Judge and not to have votes on these nomi- some Members of the Committee have Pickering’s record. We have talked nees of the President for the circuit referred to as the gold standard in eval- about ideology. The key here is that a courts. uating judicial nominees. The ABA, of The first reason is, as Senator HATCH nominee’s personal or political opinion course, rated Judge Pickering well pointed out, totally unprecedented. It on social issues is irrelevant when it qualified for the Fifth Circuit. comes to the confirmation process. The I also find it ironic that many of the is the notion that somehow or other real question is whether the nominee complaints that Judge Pickering’s op- the President has to consult with all of can follow the law. ponents have lodged against him per- the Senators from the circuit before Last Thursday, we demonstrated that tain to events that occurred before he nominating someone to that circuit Judge Pickering has shown in his near- became a federal district court judge— court of appeals. ly 12 years on the federal district court a position for which he was unani- It has been traditional for the Presi- bench his ability and willingness to fol- mously confirmed by both this com- dent to consult with the Senators from low the law. mittee and the full Senate. the State from which the nominee He has handled an estimated 4,000 to In any event, I fear that the smear comes but not all of the other States. 4,500 cases, but he has been reversed campaign we saw waged against Judge There are 13 States in the Ninth Cir- only 26 times. This is a reversal rate of Pickering was only a warm-up battle cuit Court of Appeals where Arizona is. less than 1 percent. His reversal rate is for the ideological war the liberal in- I was never consulted by President better than the average for district terest groups are prepared to wage Clinton on any of the nominees from court judges both nationwide and in against any Supreme Court nominee California or Oregon or Washington or the Fifth Circuit. This is a record to be that President Bush has the oppor- Nevada. And I would not have felt the proud of—not a reason to vote against tunity to appoint. right to be consulted. him. I stood up to conservative special in- The only one I asked to be consulted Some of my Democratic colleagues terest groups who tried to influence on was the nominee from Arizona. have complained that Judge Pickering the committee while I was chairman, President Clinton did consult with me was reversed on well-settled principles and I will continue to stand up to lib- on that individual, and we reached an of law in 15 cases where he was re- eral special interest groups who seek to agreement on a nominee he nominated. versed by the Fifth Circuit in unpub- defeat President Bush’s judicial nomi- I supported that person, a Democrat, lished opinions. This argument is non- nees now. I urge my Democratic col- appointed by President Clinton, whom sense. Circuit courts reserve publica- leagues to join me in this effort. I think is one of the finest members of tion for the most significant opinions. Thank you, Mr. President. I yield the the Ninth Circuit Court of Appeals. But Reversal by unpublished opinion means floor. I would have been shocked if he called

VerDate Mar 15 2010 20:48 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00019 Fmt 4637 Sfmt 0634 E:\2002SENATE\S21MR2.REC S21MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2212 CONGRESSIONAL RECORD — SENATE March 21, 2002 me and said: JON, what do you think What is it about Jeffrey S. Sutton of unfairly in this manner? How many do about this candidate from Washington Ohio, who was nominated to the Sixth we have to withhold from President State? That has never been the case. Circuit on May 9, 2001, by President Bush before the scales are balanced? So for one of the Senators from New Bush that suggests an extreme ideolog- And in any event, are any of them will- York to stand here and say that we are ical agenda? ing to stand up and say that is a jus- not going to move forward on these What is it about Deborah Cook of tification for not even holding a hear- nominees until the President begins Ohio, nominated to the Sixth Circuit ing on President Bush’s nominees? If consulting with all of the Senators on May 9, 2001, by President Bush that so, I would like for them to come for- from the circuit is wrong. It is an suggests an extreme ideological agen- ward and do that. abuse of power. It is not the way it has da? Let me conclude by making this been done in the past, and it should not Or what is it about Priscilla Richman point as clearly as I can: We will have provide an excuse for us to withhold Owen of Texas, nominated to the Fifth before us this afternoon a resolution action on these nominees. Circuit on May 9, 2001, or Dennis Shedd that simply says we should hold a hear- Second, the Senator from New York of South Carolina or Terrence Boyle of ing in the Judiciary Committee on the has suggested that this is really about North Carolina—both nominated to the eight circuit court nominees of Presi- politics, that the President’s nominees Fourth Circuit Court of Appeals on dent Bush by May 9, 2002, before the 1- are too ideologically conservative. The May 9, 2001—that suggests an extreme year anniversary of their nomination. Senator from New York said President ideological agenda such that they are In other words, wait a year and then at Clinton nominated all moderates. Well, so disqualified that we should not even least have a hearing on these eight that will be news to some of my con- hold a hearing on their nominations? nominees. Is that too much to ask? I servative friends who did not view all There is an element of comity that hope my colleagues will recognize that of President Clinton’s nominees as all this body owes to the President of the some of them have gone too far in at- that moderate. Some were; some were United States when he nominates peo- tacking the President’s nominees on not. I supported some; I did not support ple to the circuit courts of appeals to ideological grounds and attacking his others. represent the people of this country. nominees on the basis that President I guess I will not read the names Comity at least requires that we have Clinton was treated unfairly and, as a here, but I look at the Ninth Circuit a hearing on these nominees within a result, there is a justification for treat- nominees and all of the ones who were decent period of time. Certainly, no ing President Bush’s nominees unfairly confirmed since I have been in the Sen- one can argue that letting them sit for as well. ate—1, 2, 3, 4, 5, 6, 7,8, 9, 10, 11, 12, 13— over a year is not plenty long enough I hope that is not the basis for inac- 13 circuit court judges confirmed. to analyze everything there is to ana- tion, and I hope the circuit court nomi- Some of those were liberals. And I sup- lyze about them, and then to begin the nees will be treated just as fairly as the ported some of those liberals, others I process for their confirmation. district court nominees have been did not. That is all right. President So I suggest that when the Senator treated and that we can get a hearing Clinton got elected President; I did from New York or my other colleagues on them and then eventually bring not. on the other side say that a nominee them to the floor for a vote. Well, President Bush got elected has to pass an ideological test in their The American people deserve no less. President. And I don’t think the defini- eyes or they are not even going to give President Bush deserves no less. And tion of ‘‘mainstream’’ by the Senator them a hearing, it is time for the peo- frankly, justice in the United States from New York is a better definition ple of this country, and it is time for requires that much. than the definition of the President of the news media of this country to rise The PRESIDING OFFICER. The Sen- the United States, George Bush, in up and say: That is wrong, and you ator from Oklahoma. terms of the qualifications of judges to cannot fulfill your responsibilities of Mr. NICKLES. Mr. President, I thank represent this country. providing advice and consent under the my colleague from Arizona for his com- I know my view of the political spec- Constitution to the President if you ments. I echo those remarks, particu- trum and that of the Senator from New are not willing to even consider the larly in regard to the litmus test our York are very different. What he would nominees of the President by holding a colleague from New York was talking call moderate I would probably call hearing a year after they have been about. That is not the way we have something else, and vice versa. So we nominated. confirmed judges in the last 20 years I are on a slippery slope if Senators I think when those on the other side have been here. I hope we are not going begin to define the terms of a Presi- say this isn’t about retribution, and to come up with ideological litmus dent’s nominees with respect to their then immediately begin citing all of tests. If that is the case, we are chang- politics on an ideological spectrum and the statistics about how they believe ing the entire confirmation process. maintain that they have the right to some of President Clinton’s nominees I hope my colleagues will step back withhold action on those nominees if were treated unfairly, it is about ret- and think: We may have a change in they do not fall within what a par- ribution. In effect, they have made it leadership in the Senate. Are we going ticular Senator characterizes as about retribution and politics. You to change the policies of confirmation ‘‘mainstream.’’ have to either be a moderate in their of judges as dramatically as proposed The Senator from New York said eyes or they have to finally feel good by the Senator from New York? I hope many of President Bush’s nominees about getting even to such an extent not. It would be a serious mistake. ‘‘suggest extreme ideological agendas.’’ that somehow or other the scales are We need to change and improve the All right, here is my challenge to that balanced now, they have gotten their way we handle judicial nominations, Senator or any other Senator: pound of flesh, they have withheld ac- particularly circuit court nominations. What is it about John G. Roberts of tion on a sufficient number of nomi- I compliment Senator LEAHY, who has Maryland, who was nominated on May nees that now they are willing to move moved through several district court 9, 2001, by President Bush, to the DC forward. nominations. President Bush has nomi- Circuit Court of Appeals, that suggests I can’t ascribe that motive to any of nated 62 for the district court. We have an extreme ideological agenda? my colleagues on the other side of the confirmed 35. That is 56 percent of What is it about Miguel A. Estrada of aisle. It would be so outrageous to con- President Bush’s district court nomi- Virginia, who was nominated on May 9, template. But that appears to at least nations. We have been moving through 2001, by President Bush, to serve on the have crept into the rhetoric of some on those fairly quickly. I extend my DC Circuit Court of Appeals, that sug- when their primary point about not compliments. We have made good gests an extreme ideological agenda? holding hearings on President Bush’s progress. What is it about Michael W. McCon- nominees is that they think some of The real problem has been on circuit nell of Utah, who was nominated to the Clinton’s nominees were treated un- court nominations. For whatever rea- Tenth Circuit on May 9, 2001, by Presi- fairly. son, the Senate has not worked there. dent Bush that suggests an extreme Just how many circuit court nomi- The Judiciary Committee has not ideological agenda? nees of President Clinton were treated worked. We have confirmed 7 out of 29.

VerDate Mar 15 2010 20:48 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00020 Fmt 4637 Sfmt 0634 E:\2002SENATE\S21MR2.REC S21MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 21, 2002 CONGRESSIONAL RECORD — SENATE S2213 Unfortunately, Judge Pickering was fore the U.S. Supreme Court. It just so crat resolution says they will be han- defeated last week. So we have now happens he has a very interesting per- dled expeditiously. I urge my col- dealt with 8 out of 29. Twenty-four per- sonal history. He emigrated from Hon- leagues to support both of them, and I cent of President Bush’s circuit court duras. He got his JD degree magna cum hope they will be handled expeditiously nominees have been confirmed. That laude from Harvard Law School, and he and I hope all will have hearings by means three-fourths have not been con- is also editor of the Harvard Law Re- May. firmed. In fact, most of those individ- view. He has a bachelor’s degree magna Let’s treat these outstanding individ- uals have not even had a hearing. cum laude, Phi Beta Kappa from Co- uals like the Presidential nominees Eight individuals who were nomi- lumbia College in New York. they are, with the respect of the office nated in May of last year have not even These two individuals, two of the of the President in making these nomi- had a hearing. They are outstanding most accomplished nominees anywhere nations. These individuals I have al- individuals, as you may see while I in the country, have yet to have a luded to are to the circuit court. Some talk about some of their qualifications. hearing. Yet they were nominated in people have acted like this is district My point is, we should treat judges May. court in my State and the tradition of fairly, whether Democrats are in con- The chairman of the Judiciary Com- the Senate is I have a veto over any- trol of the Senate or Republicans are in mittee has told me on a couple of occa- body in the circuit court. That is not control and whether a Democrat or Re- sions we will have a hearing for Miguel the tradition of the Senate. It is that publican is in the White House. Estrada. We are still waiting. I think individual Senators have a great deal I looked back at the last three Presi- we have waited long enough. of influence and advice and consent for dents. On circuit court nominees, Ron- I could go through each of these indi- nominations in their own State for dis- ald Reagan had 95 percent of his circuit viduals. Terrence Boyle, I remember trict court, but not circuit court. Cir- court nominees confirmed in his first 2 him when he worked in the Senate. He cuit court applies to many States. years, 19 out of 20. President Bush had presently is chief judge of the U.S. Dis- I am embarrassed for the Senate for 22 out of 23 confirmed; again, 95 per- trict Court for the Eastern District of the fact that we have 8 vacancies on cent. President Clinton, 19 out of 22 cir- North Carolina. He has achieved an the Sixth Circuit Court of Appeals—8 cuit court nominees were confirmed in outstanding record in that. I had hoped out of 16. Half of the court is vacant be- his first 2 years. But yet President we would have a hearing for Judge cause 1 or 2 Senators are not happy Bush to date only has 7 out of 29. A ma- Boyle. about something that happened maybe jority of the remaining, 20 in fact, have Michael McConnell, nominated for years ago, so we are going to penalize not even had a hearing. That is not the U.S. District Court of Appeals for all the States that are involved in the right. Many of those individuals were the Tenth Circuit, he happens to be a Sixth Circuit. That is wrong. We are nominated almost a year ago. There is presidential professor at the University holding up 7 nominees right now, who no good reason they have not had a of Utah College of Law and is sup- have yet to have a hearing, who have hearing. ported by my friend and colleague, been nominated by President Bush to We need to move forward. Some of former chairman of the Judiciary Com- fill vacancies in the Sixth Circuit these individuals are as well-qualified mittee. This fact alone says he ought Court of Appeals. as anybody you will find anywhere in to have a hearing. That is wrong. It is wrong for the the country. To think they were nomi- What happened to the tradition in President and wrong for the system of nated in May of last year and haven’t the Senate where we respect individual justice. So it needs to be remedied. I even scheduled a hearing makes you Senators, members of the committee urge my colleagues, before people wonder what is going on. It is not like and members of leadership? I am still start—the press has been asking me we haven’t tried. I know every Repub- aghast at what happened last week. I what kind of retribution there is going lican Senator has written a letter to cannot imagine what we did last week. to be. I don’t want that ‘‘that is the Senator DASCHLE and Senator LEAHY Never before in my tenure in the Sen- way you treated our judge, so we are saying: We want hearings on some of ate would we defeat a Republican lead- going to treat your judge that way.’’ I these individuals. But we haven’t been er’s nominee. We wouldn’t defeat a don’t want to play that game. I want to successful. I think we need to treat Democratic leader’s nominee. It is just treat nominees with respect and do it these nominees fairly, regardless of not done. We wouldn’t defeat the nomi- whether we are in the majority in the who is in power, Democrats or Repub- nee of the ranking member of the Judi- Senate or in the minority, or whether licans, regardless of who is in the ciary Committee or even hold them up the President is in my party or not. I White House. I am embarrassed for the because of tradition, the fact that we want to treat these nominees with re- Senate when we have something such want to work together. spect and give them the courtesy of a as this, only 7 out of 29, and 20 of 29 I haven’t seen the respect in this in- hearing, without undue delay, and haven’t even had a hearing. That is not stitution, and that disappoints me. We maintain the tradition of the Senate, right. have to have respect for individual where each President has been getting You have individuals such as John Members. We haven’t shown that re- 90-some percent of their nominees. Roberts who is nominated for the cir- spect, certainly when it comes to cir- Granted, I understand the statistics cuit court of appeals for the District of cuit court nominees. game. Well, in President Clinton’s last Columbia. He graduated from Harvard I could go on. There are eight out- year, he didn’t get very many. The tra- College, summa cum laude, in 1976; re- standing individuals. President Bush is dition of the Senate is that nominees ceived his law degree magna cum laude to be complimented on nominating sev- are not usually considered in great in 1979 from Harvard Law School. He is eral superb individuals. These people numbers in the last year of their term. managing editor of the Harvard Law are well accomplished leaders in the Then if they are reelected, they get Review. He has presented arguments legal profession. They deserve a hear- more. But for President Clinton, we before the U.S. Supreme Court 35 ing. confirmed 377 of his judges, second only times. An individual in the private sec- One is Priscilla Owen, nominated for to Ronald Reagan, for whom we con- tor has argued before the Supreme the Fifth Circuit. She has worked in firmed 382 judges. So both of them got Court 35 times. He is nominated to be Texas. She got her B.A. cum laude a lot of judges confirmed. Those are on the district court for the DC Circuit from Baylor University and graduated lifetime appointments. That is pretty Court of Appeals. I think he is entitled cum laude from Baylor Law School in good. President Clinton got 129 in his to a hearing. He is a well-qualified at- 1977. I could go on and on. first 2 years and almost 250 in his last torney. We have Democrats and Repub- Mr. President, these individuals, men several years. licans alike testifying he would be an and women, minorities, are entitled to Now, both had a lot of judges con- outstanding circuit court judge. have a hearing. There are two resolu- firmed. If you look at Bill Clinton, he Miguel Estrada, also nominated to be tions that we have—The Republican got 90 percent of his judges in the first on the DC Circuit Court of Appeals. He resolution says they shall have a hear- 2 years, including 2 Supreme Court is a partner in the DC law office of Gib- ing by May—in other words, within a nominees. President Bush 1 got 93 per- son, Dunn. He has argued 15 cases be- year of being nominated. The Demo- cent of his confirmed in his first 2

VerDate Mar 15 2010 20:48 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00021 Fmt 4637 Sfmt 0634 E:\2002SENATE\S21MR2.REC S21MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2214 CONGRESSIONAL RECORD — SENATE March 21, 2002 years, and Ronald Reagan got 98 per- There is a tradition here—the blue Mr. REID. On behalf of Senator cent of his judges confirmed in the first slip policy—that if a home State Sen- LEAHY, I will be happy to extend the 2 years. ator objects to a nominee, they can Senator from Texas 6 minutes. The tradition of the Senate is that hold him up. That is respected. The Mr. HATCH. I am very grateful for we do confirm circuit and district Democrats now come in and say this is the graciousness of the assistant ma- judges pretty rapidly in a President’s a bad policy and they want to fix it. jority leader. If we can have 5 minutes first 2 or 3 years—maybe not quite so No, they want to give even more power. for the distinguished Senator from fast in the fourth year. Fair enough. They are proposing regulations that Kansas, I think those are the last two. This President hasn’t been treated fair- would give a historic increase in the I presume the leader may want to say ly, in my opinion, when it comes to cir- power of one Senator to block nomi- a word or two. cuit court nominees. I urge colleagues, nees. Mr. REID. Mr. President, on behalf of instead of playing retribution and We have a situation in which we are Senator LEAHY, I extend 5 minutes to looking back at President Clinton’s now in a crisis. There are 100 vacancies the Senator from Kansas, Mr. BROWN- last year, let’s do this right and treat in the Federal court. Seventeen of the BACK. everybody with respect—individual Federal circuit court vacancies have Mr. HATCH. I thank my colleague. Senators as well as the nominees. I been declared judicial emergencies by The PRESIDING OFFICER. The Sen- ator from Texas is recognized for 6 think if we do so, the Senate will be the Administrative Office of the minutes. elevated. I think the treatment of some Courts. Fifty percent of the seats on Mrs. HUTCHISON. I thank the Chair. of these judges, including Judge Pick- the Sixth Circuit, 8 out of 16, are va- Mr. President, I thank Senator LEAHY ering, the Senate was not elevated; I cant. Of the seven nominees, none have had a hearing. and Senator REID for allowing me to think it was demeaning to the Senate. speak. I did not know the time had ex- And the way we have treated these 20 In January of 1998, when there were 82 Federal vacancies, the now chairman pired. I very much want to make a circuit court nominees has been de- of the committee, Senator LEAHY, stat- statement on behalf of Priscilla Owen, meaning to the Senate. I hate to see ed: the supreme court justice from Texas. that happen to a person who served in Any week in which the Senate does I rise in support of Senator LOTT’s this institution and loves it. not confirm three judges, the Senate is amendment calling on the Judiciary One of the most important things we failing to address the vacancy crisis. Committee to hold hearings on the can do in the Senate is the confirma- There were 82; there are 100 now. Since U.S. circuit courts of appeals nominees tion of lifetime appointments to the January of 2000, President Bush has who have been in the committee since Federal bench. We need to do it right only had 7 of 29 circuit court nomina- May 9 of last year. and this year, at least on the circuit tions he submitted confirmed. One of In fact, 7 of the President’s 30 circuit court nominees, we have not been those confirmed was in the first batch court judges have been confirmed. We doing it right. he sent up, and an excellent group they will have a judicial emergency across I yield the floor. were. There was a nomination of Presi- our Nation if the Senate continues to The PRESIDING OFFICER. Who dent Clinton that had not been con- delay the confirmation of these fine yields time? firmed, an African American. men and women. Mr. HATCH. How much time does the President Bush resubmitted his name I was concerned when I saw the Wall Senator need? in a historic effort to reach bipartisan- Street Journal report last Friday that Mr. SESSIONS. About 2 minutes. ship here in the Senate. He has been a some Members of the Senate may tar- Mr. HATCH. How much time re- fair President. He submitted judges of get the nomination of Justice Priscilla mains? utmost quality. If we need to improve Owen to the U.S. Court of Appeals for The PRESIDING OFFICER. There the process, we need to look no further the Fifth Circuit. In fact, the Com- are 51⁄2 minutes remaining. than asking how Senator HATCH con- mittee on the Judiciary in the Senate Mr. HATCH. I have two others who ducted the committee when he was should take swift action on her nomi- need to speak also. Can the Senator do chairman. nation, particularly in light of the fact with 3 minutes? The PRESIDING OFFICER. The Sen- that Judge Owen was among the group Mr. SESSIONS. I certainly can. ator’s time is up. of original 11 judicial nominees an- Mr. HATCH. I yield 3 minutes to the Who yields time? nounced by President Bush on May 9 of Senator from Alabama. Mr. HATCH. Mr. President, I suggest last year. Mr. SESSIONS. Mr. President, it is the absence of a quorum. Justice Owen’s stellar academic not as if I would not have a lot to say The PRESIDING OFFICER. The achievements and professional experi- about this subject, having observed it clerk will call the roll. ence are remarkable. She earned a cum closely for a number of years. Let me The assistant legislative clerk pro- laude bachelor of arts degree from say one thing about the complaint ceeded to call the roll. Baylor University. She graduated cum —and this is very important—that Mr. REID. Mr. President, I ask unan- laude from Baylor Law School in 1977. President Clinton’s nominees were not imous consent that the order for the When she took the Texas bar exam, fairly treated: President Clinton had quorum call be rescinded. which is one of the hardest bar exams The PRESIDING OFFICER. Without 377 judges confirmed. He had one judge in the Nation, she came in first. She objection, it is so ordered. voted down by the Senate—only one earned the very highest score on the judge voted down. When he left office, Mr. REID. Mr. President, how much time remains with the majority on this Texas bar exam that year. there were 41 judges not yet confirmed Prior to her election to the Texas Su- who had been nominated. There were 41 amendment? The PRESIDING OFFICER. Approxi- preme Court in 1994, she was a partner left pending. in the Texas law firm of Andrews & When former President Bush left of- mately 30 minutes. Mr. REID. And how much time re- Kurth, where she practiced commercial fice in 1991, he had 54 judges pending mains for the minority? litigation for 17 years. and not confirmed. There were 54 when The PRESIDING OFFICER. Time has Justice Owen has delivered exem- he left office. When President Clinton expired. plary service on the Texas Supreme left office, he had only 41, and only one Mr. REID. Mr. President, I ask my Court, as affirmed by receiving positive of his nominees had been voted down friend from Utah, are there speakers on endorsements from every major news- by this Senate. The reason he was his side who wish to be heard? paper in Texas during her successful re- treated fairly is because the chairman Mr. HATCH. I know Senator election bid in 2000. of the Judiciary Committee at that HUTCHISON wishes to speak, and I also Justice Owen enjoys bipartisan sup- time, ORRIN HATCH, treated his nomi- believe Senator BROWNBACK. port, and the American Bar Associa- nees fairly. He moved those nominees Mr. REID. Does the Senator know tion’s Standing Committee on the Fed- forward. I voted for 95-plus percent of how much time they wish? eral Judiciary has unanimously voted them. There were many liberals in that Mrs. HUTCHISON. Mr. President, if I Justice Owen well qualified. group. Very few of the nominees were may have up to 5 minutes or 3 minutes, Filling judicial vacancies is a critical held up. if that is more helpful. duty of the Senate. I hope we will be

VerDate Mar 15 2010 20:48 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00022 Fmt 4637 Sfmt 0634 E:\2002SENATE\S21MR2.REC S21MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 21, 2002 CONGRESSIONAL RECORD — SENATE S2215 able to move forward. I have asked the whom do not have blue slips—who have those cases, certainly in most of them, Judiciary Committee to let us confirm been here for several months and we within a very few weeks, we had the three of the four U.S. attorneys for the have not had a hearing even though hearings on those judges. They are all State of Texas. The State of Texas has they know some of the blue slips are Republicans. We held hearings on four judicial districts. One of our U.S. not in. We will be, as we go along, them. They cooperated in bringing attorneys has been confirmed, but scheduling hearings, as compared to them forward. We put them on the three U.S. attorneys remain people who did have blue slips in when Committee agenda and we voted them unconfirmed. So we have appointed the Republicans were in charge. I think out, put them on the Executive Cal- leaders in those offices where we really of Helene White. She waited 1,454 days. endar and the Senate confirmed them need to have permanent leaders, at I do not recall a single Member of the and every single Democrat voted for least a permanent leader during this Republican Party saying should she them—over 40 judges. They voted for term, who will be able to lead the of- not at least have a hearing; even if we them, and they got through. fice and organize it and make sure we vote her down, should she not at least I remember shortly after the shift in are hiring and staffing the offices in have a hearing. She did not even have majority last summer when we had these important districts. a hearing or a vote in the committee; nominations pending. We came to the One of those has the largest caseload 1,454 days, not a word. August recess. Normally what we do by in the United States, the Southern Dis- We have seen the crocodile tears unanimous consent is keep the nomina- trict of Texas. We need to have the today. Even though we are moving tions here. The Republican leader said prosecutors on board. We need to make much faster than the Republicans ever and objected and by Senate rule then sure the U.S. attorney who is going to did when there was a Democratic Presi- all had to go back to the White House. run the office is setting the priorities dent, we see these crocodile tears for Although we tried to keep them here, for those offices. We know that our people who have been waiting a month he objected. I was put in a bind and had border districts, both the Western and or 2 months or even 3 months. No rec- no nominees whatever pending, even Southern Districts, are the busiest dis- ognition of course that for some of that though I still held 2 days of hearings in tricts in America. time the Republicans held the Senate the August recess in anticipation of I ask that our U.S. attorneys in three majority and for some of that time the names coming back. of the four Texas districts be confirmed they delayed the reorganization of the I got criticized by the Republicans immediately. I had hoped we would do Senate and no recognition of the num- for holding hearings during the August it before the recess because these three bers of vacancies and problems they recess. Members get criticized for not people are waiting and ready to go. All left for us to try to remedy. But 1,454 holding hearings immediately; Mem- three of them are in Government now. days? bers get criticized for holding hearings. They are not in private practice that I look at the other qualified nomi- One Republican—one Republican— has to be tied up. They are assistant nees we had to wait for. There was an- showed up for 1 day of the 2-day hear- U.S. attorneys and one is a magistrate. other one, Fifth Circuit. H. Alston ings on President Bush’s nominees and They could make the moves swiftly Johnson waited 602 days, no hearing. we got the nominees through. and begin to lead these offices. There was James Duffy, Ninth Circuit, I am looking forward to see where we I ask the Judiciary Committee, with 546 days, no hearing. And Kathleen are by July 10 of this year. That will be all due respect, to please expedite these McCree Lewis, extraordinarily com- 1 year to the day from the time I had nominees for U.S. attorney, particu- petent attorney, daughter of one of the a fully organized committee and could larly with Justice Priscilla Owen, who most respected solicitors general ever start hearings. We held a hearing on ju- is a personal friend of mine, who I in this country, she waited 455 days and dicial nominees, including a court of know to be of the very highest caliber. never received a hearing. There was appeals nominee the very next day on Having been appointed May 9, 2001, and Kent Markus of the Sixth Circuit who July 11. not yet having a hearing I think is a waited 309 days under the Republicans Incidentally, instead of going—as my pretty difficult situation. She is so well and never got a hearing. And Robert friends on the Republican side—month regarded by everyone who has appeared Cindrich of the Third Circuit who never after month after month after month before her in court or has practiced law received a hearing in over 300 days. after month after month without even with her. Then there were the nominations holding a hearing on President Clin- I ask that we have a fair hearing on that were held up without a hearing ton’s nominees, within 10 minutes of Justice Owen and that we be able to go such as Judge James Beaty who waited the time the Senate adopted a resolu- forward with our three U.S. attorneys 1,033 days, no hearing. James Wynn, tion reorganizing, I noticed the first and Justice Priscilla Owen on an expe- Fourth Circuit, 497 days, no hearing. set of hearings. They were on the cal- dited basis. Enrique Moreno, Fifth Circuit, waited endar within a few weeks thereafter, I thank the Chair, and I yield the 455 days, never got a hearing. Jorge notwithstanding the fact that up until floor. July there was not a single hearing on Mr. President, I suggest the absence Rangel, the Fifth Circuit, 454 days, any judge. of a quorum. never received a hearing. Democrats were not in charge from The PRESIDING OFFICER. The Allen Snyder, the D.C. Circuit; now I the end of January until June and into clerk will call the roll. will give them credit, he waited 449 The senior assistant bill clerk pro- days and finally did get a hearing. Of July. It was July when we took over a ceeded to call the roll. course, they never brought it to a vote committees and had assigned members. Mr. HATCH. Mr. President, I ask in the committee, but he did receive a The Republicans while in charge did unanimous consent that the order for hearing. He and Bonnie Campbell, the not hold a single hearing. Ten minutes the quorum call be rescinded. former Iowa Attorney General had after the Senate reorganized, we start- The PRESIDING OFFICER. Without hearings but never were on the Com- ed the process to hold hearings. objection, it is so ordered. mittee agenda for a vote. I mentioned what happened in the The Senator from Vermont. So as I say, I enjoy fiction as much past not to say this should be tit for Mr. LEAHY. Mr. President, I love as the next person. I heard a great deal tat, by any means. I don’t believe in reading Lewis Carroll. I remember of it, along with the crocodile tears. It that. The Republicans for 6 years under Lewis Carroll and ‘‘Alice in Wonder- did enliven an otherwise slow-moving President Clinton were delaying, stop- land.’’ When I hear the descriptions of day. ping hearings and not even allowing history today and listen to some of the On the one hand I know there are a nominees to have hearings and not al- discussion in the Senate, it brings me number of Republicans who do want ju- lowing them to have votes in the com- back to when I was a child. I extend my dicial nominees to go forward. I have mittee. And I knew if they had a vote appreciation to my colleagues on the had a dozen or more Republican Sen- in Committee they could be voted down other side for livening our more serious ators come to me and explain the situ- and that would have been the end of it. times with a little bit of fiction. ation they had in their State or their If they vote them up, they come to the They talk about how terrible it is we circuit with a judge they needed at floor. That has been the precedent and have some people—actually several of home. I think in virtually every one of practice of the Committee. My concern

VerDate Mar 15 2010 20:48 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00023 Fmt 4637 Sfmt 0634 E:\2002SENATE\S21MR2.REC S21MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2216 CONGRESSIONAL RECORD — SENATE March 21, 2002 was that they would not even give the courtrooms and those nominees I have now we finally have. Republicans did nominees hearings, scores of nominees. always supported, not people who will not do that when they were in the ma- Sadly, we did have one judge who legislate and make laws—that is our jority. I have urged the Rules Com- they voted through the committee job. We may do it poorly, but that is mittee to take the position, if the twice, and then on a party-line vote our job. Democrats are in majority next year, voted him down on the floor, including This year we were talking about co- to divide the budget 50/50. I have had Senators who voted for him in the com- operation. Senator GRASSLEY is one of Republicans chair portions of hearings mittee who then voted him down on the most respected members of the this year and have reported bills intro- the floor. That was done without warn- Senate Judiciary Committee, former duced by Republican Senators. These ing, without notice and on the first chairman of the Finance Committee. I things did not occur in the recent past. party-line vote on the Senate floor to served with him both on the Judiciary If we stop the partisanship and the defeat a judicial nominee I can remem- Committee and the Agriculture Com- confrontational tactics of last year and ber. Even with the other controversial mittee for a quarter of a century. He this last week and if we show coopera- nominations of the last several years, asked if we could proceed with Judge tion, if the White House got involved such as the nomination of Judge Bork Melloy of Iowa to the Eighth Circuit. and did those things, we could speed to the Supreme Court, some Democrats In the past, Republicans had held up this up. Consult and work with Sen- voted for him and some Republicans judges from Iowa. I thought Senator ators—we will go forward faster. against. GRASSLEY made a good case. I told him The President, for whom I have great I do not believe in tit for tat and I would proceed, as soon as we came respect, has had an enormous amount have not engaged in pay back. I have back in session this year. And I did. on his plate since September 11. I un- been here 27 years, several times in the We have also held hearings this year derstand. However, there are some, un- majority and several times in the mi- on Judge Pickering and Judge Smith fortunately, who advise him who come nority. I believe we should go forward. at the request of Senators LOTT and with the idea they can only have That is why I have been moving much SPECTER. Senator ENZI asked for a judges they have signed off on by par- faster on judges than the Republicans hearing on Terrence O’Brien of Wyo- ticular special interest groups. Then ever did for President Clinton. ming to the Tenth Circuit. We moved there will be a confrontational battle. I intend to continue to move faster. as quickly as we could and held his It should not be that way. We set up a process. When we have a hearing this week. So the four Court of Check how it was done under the last hearing, we have at least one court of Appeals nominees on whom we have six Presidents with whom I have appeals judge, something not consist- had hearings this year were each at the served. Find out how it was done. It ently done during the time the Repub- request of a Republican Senator. was done by trying to work together. If Of the 48 judicial nominations on licans were in charge. I intend to do we do that, maybe things were work which we have had hearings —for those that. more smoothly. Instead, the Presi- who think this is partisan—25 came They can try to change what the dent’s key political adviser in the from States with no Democrats in the record is. They can try to change the White House appeared before an ideo- Senate and 12 came from States with history. logical advocacy group last week and one Republican Senator. So 37 of the 48 I am stating what I intend to do. We committed—actually, recommitted— nominees were basically from Repub- are moving to hold more hearings than the administration to selecting judicial lican States. We moved forward. That they did. We are moving faster on con- nominees to reflect a hard right ide- is the bipartisanship I want. By the firmations than the Republicans ever ology, an ends-oriented judicial philos- way, the other 11 are not all from did for President Clinton. I am not States with two Democratic Senators. ophy. That is unfortunate. Can you going to put us back to the kind of Far from it. The remaining 11 include imagine if Bill Clinton had gone before thing they did to President Clinton. Ul- four nominees to federal courts in the a group and said: I am only going to se- timately, it damages the independence District of Columbia and among them lect judicial nominees to reflect a hard of the Judiciary. was the former Republican Chief Coun- left ideology, and an ends-oriented ju- However, I would like to see at least sel of the Senate Judiciary Committee dicial philosophy? You thought some a modicum of cooperation from the had to wait 1,000 days to even have a for Senator HATCH. White House. If they send up judges It is difficult and takes a certain hearing or were denied a hearing—can from a circuit or State where they amount of time to do this, but Sen- you imagine what would have happened have not sought any consensus from ators often ask to move right away on if the Clinton administration had done the Senators from that State, of course a nomination, and I try to be accom- that? It is wrong when the Bush admin- they will have difficulty. I have been modating. But when Senators then istration does that. here with six Presidents from both par- come on the floor and say we are not All that says is, if that person is con- ties. Every one of those Presidents con- moving fast enough on somebody else firmed and if you are a litigant before sulted with Senators from the State well, we can only do so many. that judge, basically what the Presi- where the judges came from. That does Only 1 of over 160 nominees before dent’s political adviser was saying is, not mean Senators can nominate the the Judiciary Committee over the last unless you reflect a hard right ideology judges; the President nominates nine months has been voted down. and an ends-oriented judicial philos- judges. But they sought consensus When people ask: Why aren’t we mov- ophy, forget about coming before this first. When they did this, they always ing faster and doing more? Part of the judge because you are not going to went through. answer is that it took 4 days over sev- have fair treatment. I have already voted for some 40 con- eral weeks to have hearings and a vote People ask me if I have a litmus test. servative Republican nominees as on that one controversial nominee. In I sure do. My litmus test has been the judges from President Bush. I have those 4 days, let alone the hours and same with the six Presidents with voted for more than 120 of the Presi- hours and days of preparation, we whom I served, and I voted against dent’s executive branch nominees in could have gotten a dozen judges Democratic nominees when I believed the Judiciary Committee, ranging from through. I dare say that we will spend they didn’t follow this litmus test. U.S. attorneys to senior Justice De- more time in the debate this afternoon That is, if somebody comes before that partment officials. I assume the judi- than we have debating the 14 judges judge, whether they are conservative, cial nominations that we have consid- confirmed so far this year. liberal, rich, poor, white, black, Repub- ered were Republicans, and I assume I inherited a vast number of judicial lican, Democrat, north, south, wher- conservative Republicans; I voted for vacancies, including longstanding ever they are from, plaintiff or defend- all but one of them so far. problems, especially political prob- ant—they can look at that judge and However, there has to be consensus. lems. I am doing my best to change say: Whatever happens in this case, I And people that are not ideologues; that. I am doing my best to move for- know I have had a fair judge. That is people who will enforce and apply the ward. my one litmus test. laws and not try to remake them, and I urged that we get rid of the secret When the Presidential adviser actu- people who will instill fairness in their holds and make blue slips public. And ally goes before a political advocacy

VerDate Mar 15 2010 20:48 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00024 Fmt 4637 Sfmt 0634 E:\2002SENATE\S21MR2.REC S21MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 21, 2002 CONGRESSIONAL RECORD — SENATE S2217 group and says we are not going to do more than 4 years—if they got hearings ple than that. So this has not been a that, we have to have nominees who re- at all. usual year. flect a hard right ideology and an ends- Judge Helene White of Michigan But as I pointed out in the charts oriented judicial philosophy, that is waited more than 4 years. She never earlier, in the 9 months the Democrats wrong. That is wrong. got a hearing. In fact, 56 percent of have controlled this committee, we Actually, what that tells me is that President Clinton’s circuit court nomi- have done more than during any com- rather than succumb to a notion of ad- nees in the last Congress, nominated or parable period during the time when vice and rubberstamp, we had better do renominated in 1999–2000, were not the Republicans controlled the com- what the Constitution says, advice and acted upon by the Judiciary Com- mittee. consent, and go through the process mittee. I am trying to repair that dam- I am assuming—and I pray—this carefully. age. country will not face something simi- I say, again, we are scheduling hear- That is why we are moving forward— lar to September 11 again. I assume ings on judicial nominations and have we are moving forward as quickly as and I pray that our Capitol will not continued to schedule hearings in spite we can, and I will continue to do that. face something like that again. of the unfair criticism because I do No matter what is said on the other I take a moment to applaud the want to get through as many good side, no matter how much things are brave men and women of our Capitol judges as possible and fill as many of taken out of context, no matter how Police and the work of our Secretary of the vacancies I inherited as fast as pos- much fiction we hear on the floor from the Senate and Sergeant at Arms in sible. I will consider a number of fac- that side, I will move them forward. protecting us up here. tors: Consensus of support for the Mr. President, how much time is re- I have talked with the White House nominee, the needs of the court for maining? about one simple procedure they could which he was nominated, and the inter- The PRESIDING OFFICER. The Sen- do without giving up any of their ests of the home State Senators. ator from Vermont controls approxi- rights or any of their privileges. One I have served with 270 Senators, I be- mately 4 minutes 50 seconds. The time simple procedure they could do, which lieve, since I have been here. I have of the Senator from Utah has expired. would take 4 or 5 weeks off many judi- found more and more how important it Mr. LEAHY. I understand some of my cial nominations. They could poten- is to rely on the views of home State time has already been given to the Re- tially be able to go to hearing 4, 5, or Senators, Republican and Democratic publican side previously; is that cor- 6 weeks faster if the White House alike. rect? would simply speeding up the process Mr. President, how much time re- The PRESIDING OFFICER. Five of getting all the paperwork and the re- mains to the Senator from Vermont? minutes has been offered to the Sen- views done and getting them up here. The PRESIDING OFFICER (Mr. ator from Kansas, Mr. BROWNBACK. Those are things that can be done. REED). The Senator from Vermont has Mr. LEAHY. I believe we also gave Mr. President, how much time re- approximately 8 minutes remaining. time to the Senator from Texas, did we mains? Mr. LEAHY. I have tried, again, to not? The PRESIDING OFFICER. Forty include at hearings judges Senators The PRESIDING OFFICER. She has seconds. have asked for in both parties, includ- already consumed that time. Mr. LEAHY. Mr. President, this has ing the court of appeals nominees, in- Mr. LEAHY. I tried to help, just to be been a good debate. I might ask the cluding hearings this year. I attempted fair. Let me say this, in the remaining Senate to pass a resolution that just to comply with the requests of Sen- 3 minutes. said very simply the Democratic ma- ators GRASSLEY, LOTT, SPECTER, and It doesn’t have to be this way. We are jority will be required to go at the ENZI. We did that. moving far more rapidly than the Re- same pace that the Republican major- One was voted down. I know the Re- publicans did when they were in charge ity did under President Clinton. But I publican leader, who has been my and President Clinton was President. have a feeling, if we did that, President friend for years, was disappointed at We have had a lot that has gone on in Bush would be very upset because I the committee vote on the nomination the past few months. I have not used have a feeling he does not want us to of Judge Charles Pickering. He argued the events and aftermath of September go back to the procedures used when strongly for the judge, as he should. 11 as an excuse but have instead con- his party controlled the Senate. We The Senator from Kentucky, Mr. tinued to hold hearings and votes on will not. The PRESIDING OFFICER. The Sen- MCCONNELL, argued strongly for him judicial nominees. Some of the Repub- and gave an excellent argument for lican special interest groups pooh-pooh ator’s time has expired. Mr. HATCH. Mr. President, I ask him before the committee, as did the the fact that we even would refer to unanimous consent to take 4 minutes Senator from Ohio, Mr. DEWINE. the events of September 11. They allow I tried to afford Judge Pickering— it as a justification for many things of the leader’s time. The PRESIDING OFFICER. Is there who, incidentally, still has a lifetime and an excuse for everybody else but objection? tenure as a Federal judge—every cour- not for the Judiciary Committee. Well, Mr. LEAHY. Mr. President, I am tesy. I extended the time. I had a sec- we have not made excuses. Instead, we going to object. I will tell you why. We ond hearing. I extended the time for build a good record. have given more than that amount of the vote. I was willing to do all that. We actually had to put together an time. If somebody had told me they But I still have to decide how I vote. antiterrorism bill during that time, wanted to, I would have given time I remember for a Democratic President which we did, one which the President from my own time. We have already and a nominee he very much wanted, I certainly felt good about. He praised given the time. voted against him for some of the same me and Senator HATCH for our work on Mr. HATCH. How about 2 minutes of reasons, the exact same reasons, in that. leader’s time? Would you be gracious We had to do that. We had this build- fact, that I voted against Judge Pick- enough for that? ering. He was voted down in the com- ing that we are in right now emptied Mr. LEAHY. If the leader wants to, of mittee—just as Judge Pickering was, because of an anthrax scare. Most of course, I will yield to him. and that was the end of it. our staffs, Republican and Democratic, The PRESIDING OFFICER. Does the I do not want to go back to the situa- are in the Dirksen and Hart Buildings. Senator from Vermont object? tion where almost a third of President That was vacated for a period of time Mr. LEAHY. Yes. Clinton’s court of appeals nominees because of anthrax. The Hart Building The PRESIDING OFFICER. Objec- waited more than 300 days from nomi- was vacated for a very considerable pe- tion is heard. nation to confirmation, an average of riod of time. Mr. HATCH addressed the Chair. 441 days for these individuals; nearly a I was one of those who received an The PRESIDING OFFICER. The Sen- quarter waited more than a year, 20 anthrax letter designed to kill me, as ator from Utah. percent waited more than 500 days, 6 was Senator DASCHLE. Me and my Mr. HATCH. Mr. President, let me re- waited more than 700 days, 2 waited staff—it turns out there was enough phrase my question. As ranking mem- more than 1,000 days, and one waited anthrax to kill an awful lot more peo- ber of the Judiciary Committee, I am

VerDate Mar 15 2010 20:48 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00025 Fmt 4637 Sfmt 0634 E:\2002SENATE\S21MR2.REC S21MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2218 CONGRESSIONAL RECORD — SENATE March 21, 2002 asking my colleague to consent to 2 ton. I will continue to move at a faster ciary Committee acted with regard to minutes of the leader’s time to be used pace for them. I will continue to try to Judge Pickering. But moving beyond by me. I don’t think he would be to- overcome the objections to hearings on that and moving into the broader tally displeased with what I have to Senator HATCH’s nominees, and we will sense, one judge will not this session say. have a hearing. make. But this pattern is a major prob- Mr. LEAHY. Would I then have 2 I yield the remainder of my time. lem. minutes available to me if I wish to use The PRESIDING OFFICER. The Conversely, the other resolution just it? question is on agreeing to amendment says that the Judiciary Committee Mr. HATCH. I agree to that. No. 3040 offered by Senator REID of Ne- should move forward expeditiously on Mr. LEAHY. I have no objection. vada. these nominees. Goodness gracious, The PRESIDING OFFICER. Without Mr. LEAHY. Mr. President, I ask for that is not saying very much, it doesn’t objection, it is so ordered. the yeas and nays. appear to me. I hope they will be mov- The Senator from Utah. Mr. HATCH. Mr. President, I suggest ing forward expeditiously. Mr. HATCH. Mr. President, I person- the absence of a quorum. But what does it mean? Does it mean ally thank the distinguished chairman The PRESIDING OFFICER. The Sen- they are going to get a hearing? Does it the Judiciary Committee for doing the ator from Vermont asked for the yeas mean it is going to get some actual re- job he is doing on district court nomi- and nays. sult? No. nees. The problem here is not just re- Mr. HATCH. I suggest the absence of That is basically the difference. One porting nominees—although we think a quorum, Mr. President, until the mi- resolution says that these outstanding more should be approved—it is 31 cir- nority leader arrives. nominees—I will not list their names cuit court vacancies. A number of them The PRESIDING OFFICER. The because I am sure they have been are judicial emergencies, as defined by Chair has to determine if there is a suf- talked about individually and collec- the Administrative Office of the ficient second for the yeas and nays. tively—should at least have a hearing Courts. Is there a sufficient second? by May 9. The other resolution says it But I have listened to my colleague’s There is a sufficient second. should be considered expeditiously. comments about holding hearings when The yeas and nays were ordered. The point is, though, to highlight Senators have asked him to do so. I Mr. HATCH. Mr. President, I suggest this issue, this will not be the last res- have been patient for many months, the absence of a quorum. olution in this area, unless we begin to but I do believe I have to say this The PRESIDING OFFICER. The see some fair progress. There will be today. I am Ranking Member of the Ju- clerk will call the roll. others. And they perhaps will be more diciary Committee. It was just there 2 The legislative clerk proceeded to pointed. But it goes to the much bigger ques- days ago when one of my judges was call the roll. tion of how we are going to go through given a hearing, Professor Paul Cassell. Mr. LOTT. Mr. President, I ask unan- the rest of this session, how these His nomination had been pending since imous consent that the order for the nominees are going to be treated, and, June of last year. I don’t understand quorum call be rescinded. as a matter of fact, how we are going waiting this long. And the second judge The PRESIDING OFFICER. Without objection, it is so ordered. to act on legislation. nominated for a spot in my home state I urge my colleagues to vote on both Mr. LOTT. Mr. President, I thank of Utah, Michael McConnell, has not sides of the aisle for the resolution Senator HATCH for trying to put in the had a hearing even though I have been that would lead to results and that is quorum so I would have an opportunity promised one. I have requested at least the one that calls for hearings by the to make some very brief remarks. I 15 times for these two to get hearings, specified date of May 9, 2002. to be marked up in committee, and to hope everybody understands that was I yield the floor. be brought to the floor. Michael Mc- what was going on—to give me a The PRESIDING OFFICER. The ma- Connell’s nomination probably enjoys chance to be here and just wrap up jority leader. the widest and most vociferous support some of what needs to be pointed out Mr. DASCHLE. Mr. President, I can of legal scholars from all across the po- again before we get to a vote. certainly appreciate the frustration ex- litical spectrum—Democrats and Re- We have a real problem in the Sen- pressed by some of our colleagues. We publicans of any currently pending ate. I think it could be a growing prob- have been there. We know how frus- nominee. lem. We are very concerned about the trating it is to have judges who are not I would like to have the courtesy ex- nominees who are being moved and given the time and attention, and the tended to me that I extended to the those who are not being moved; and, fair consideration they deserve. Be- distinguished Chairman when he was more specifically, the fact that the cause we have experienced that all too the Ranking Member. I believe it is first eight circuit court judges have often while we were in the minority. time for me to raise this issue because not been moved, have not been voted What we have attempted to do is re- I have been very upset that this hasn’t on, and, in fact, have not even had a spond to that frustration by doing happened. hearing. I believe that is accurate. The what we have said we were going to do Last, but not least, keep in mind—ev- first eight, to go back to May 9, 2001, from the very beginning, that we were erybody listening to this debate—that an outstanding group of nominees, men going to treat judges fairly, we were the Senate confirmed 377 Clinton and women and minorities, have not going to try to do as much as we could judges, which is only 5 fewer than the had any opportunity to make their to move them quickly. And we believe all-time champion, Ronald Reagan, case, to be voted on in the Senate Judi- we have done that. who got 382 judges confirmed. And both ciary Committee, and be voted on in I do not recall a time when our Re- had 6 years of a Republican Senate— this Chamber. publican colleagues ever agreed to hold which was the opposite party for Presi- That is what our resolution says. at least one hearing on a circuit court dent Clinton and the allied party for That is all it says. This is not a quan- judge with every group of district court President Reagan. Both got essentially tum leap, saying you have to have a judges receiving hearings. But that is the same number of judges. In fact, hearing, you have to vote, you have to exactly what our chairman of the Judi- Clinton would have had more had it bring it to the floor, and you have to ciary Committee has committed to do. not been for Democratic holds and ob- get it done. But it does say that in the I will look at the numbers, and we jections. interest of administration of justice, can compare statistics all day long, but I yield the floor. the Judiciary Committee shall hold all one has to do is look at the bottom The PRESIDING OFFICER. The Sen- hearings at least on the nominees sub- line. We have exceeded their record in ator from Vermont. mitted by the President on May 9, 2001, many ways. In 9 months, we have con- Mr. LEAHY. Mr. President, as I said by May 9, 2002. firmed more judges than the Repub- earlier, we will continue to move at a That seems like a very small step, to licans confirmed in President Reagan’s faster pace on the nominees for Presi- move toward some progress being made first year—12 months. We have con- dent Bush than the Republicans ever and helping to begin to cure some very firmed more circuit court judges al- did with nominees of President Clin- frayed feelings about the way the Judi- ready this year than Republicans did in

VerDate Mar 15 2010 20:48 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00026 Fmt 4637 Sfmt 0634 E:\2002SENATE\S21MR2.REC S21MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 21, 2002 CONGRESSIONAL RECORD — SENATE S2219 1996 when they confirmed zero circuit Thurmond Voinovich Wellstone during the remaining hours of today. court judges. But we can compare these Torricelli Warner Wyden At this point we cannot say with any back and forth. What I am simply pre- NAYS—1 confidence what tomorrow holds. It de- pared to do today—as you have heard Nelson (NE) pends, in part, on what the schedule Senator LEAHY and members of our NOT VOTING—2 will be for the remainder of the day. committee say on so many occasions— We are working to arrange for addi- Enzi Stevens is to say, we are going to deal with tional votes and consideration of addi- these judges fairly and expeditiously. I The amendment (No. 3040) was agreed tional amendments. We will propound think our record shows that. to. that request as soon as it becomes I thank Senator LEAHY for his leader- VOTE ON AMENDMENT NO. 3033 available. ship, for the commitment he has made, The PRESIDING OFFICER. The f and for the diligence he has shown in question is on agreeing to amendment PROVISION FOR CONDITIONAL RE- getting us to this point. No. 3033 offered by the Republican lead- er. CESS OR ADJOURNMENT OF CON- Forty-two judges have been con- GRESS firmed; 7 circuit court judges have al- Mr. HATCH. Mr. President, I ask for ready been confirmed. What Senator the yeas and nays. Mr. DASCHLE. I have a request re- LEAHY and the Judiciary Committee The PRESIDING OFFICER. Is there a garding the adjournment resolution. It are now saying is, we will improve sufficient second? has been approved by the Republican upon that in the coming weeks and There is a sufficient second. leader. months. When you look at what we will The clerk will call the roll. I ask unanimous consent the Senate have been able to do by the end of this The legislative clerk called the roll. now proceed to the adjournment reso- session, I think everyone will be able Mr. NICKLES. I announce that the lution which is at the desk, H. Con. to say, without equivocation: You have Senator from Wyoming (Mr. ENZI) and Res. 360. The PRESIDING OFFICER. The done a good job. the Senator from Alaska (Mr. STEVENS) clerk will report the resolution by That is what we are committing to are necessarily absent. The PRESIDING OFFICER (Mr. title. do. That is what our resolution says. The assistant legislative clerk read That is why I believe, very strongly, JOHNSON). Are there any other Sen- ators in the Chamber desiring to vote? as follows: that supporting the Democratic resolu- The House concurrent resolution (H. Con. tion is, again, supporting the clear in- The result was announced—yeas 47, nays 51, as follows: Res. 360) providing for a conditional adjourn- tent of our caucus and of this Senate ment of the House of Representatives and that these nominees are going to get [Rollcall Vote No. 57 Leg.] conditional recess or adjournment of the fair treatment. We are determined to YEAS—47 Senate. do that. And we will demonstrate that Allard Fitzgerald Murkowski There being no objection, the Senate with each passing week. Allen Frist Nickles proceeded to consider the concurrent Bennett Gramm Roberts I yield the floor. Bond Grassley resolution. Santorum Mr. DASCHLE. I ask unanimous con- VOTE ON AMENDMENT NO. 3040 Brownback Gregg Sessions Bunning Hagel Shelby sent that the concurrent resolution be The PRESIDING OFFICER. The Burns Hatch question is on agreeing to amendment Smith (NH) agreed to and the motion to reconsider Campbell Helms Smith (OR) Chafee Hutchinson be laid upon the table with no inter- No. 3040. The yeas and nays have been Snowe Cochran Hutchison vening action or debate. ordered. The clerk will call the roll. Specter Collins Inhofe The PRESIDING OFFICER. Without Thomas The legislative clerk called the roll. Craig Kyl objection, it is so ordered. Mr. NICKLES. I announce that the Crapo Lott Thompson Thurmond The concurrent resolution (H. Con. Senator from Wyoming (Mr. ENZI) and DeWine Lugar Domenici McCain Voinovich Res. 360) was agreed to, as follows: the Senator from Alaska (Mr. STEVENS) Ensign McConnell Warner H. CON. RES. 360 are necessarily absent. NAYS—51 Resolved by the House of Representatives (the The PRESIDING OFFICER. Are there Senate concurring), That when the House ad- any other Senators in the Chamber de- Akaka Dodd Levin Baucus Dorgan Lieberman journs on the legislative day of Wednesday, siring to vote? Bayh Durbin Lincoln March 20, 2002, or Thursday, March 21, 2002, The result was announced—yeas 97, Biden Edwards Mikulski on a motion offered pursuant to this concur- nays 1, as follows: Bingaman Feingold Miller rent resolution by its Majority Leader or his Boxer Feinstein Murray designee, it stand adjourned until 2 p.m. on [Rollcall Vote No. 56 Leg.] Breaux Graham Nelson (FL) Tuesday, April 9, 2002, or until Members are YEAS—97 Byrd Harkin Nelson (NE) notified to reassemble pursuant to section 2 Cantwell Hollings Reed Akaka Dodd Levin Carnahan Inouye Reid of this concurrent resolution, whichever oc- Allard Domenici Lieberman Carper Jeffords Rockefeller curs first; and that when the Senate recesses Allen Dorgan Lincoln Cleland Johnson Sarbanes or adjourns at the close of business on Thurs- Baucus Durbin Lott Clinton Kennedy Schumer day, March 21, 2002, Friday, March 22, 2002, or Bayh Edwards Lugar Conrad Kerry Stabenow Saturday, March 23, 2002, on a motion offered Bennett Ensign McCain Corzine Kohl Torricelli pursuant to this concurrent resolution by its Biden Feingold McConnell Daschle Landrieu Wellstone Majority Leader or his designee, it stand re- Bingaman Feinstein Mikulski Dayton Leahy Wyden Bond Fitzgerald cessed or adjourned until noon on Monday, Miller Boxer Frist NOT VOTING—2 April 8, 2002, or at such other time on that Murkowski Breaux Graham day as may be specified in the motion to re- Murray Enzi Stevens Brownback Gramm cess or adjourn, or until Members are noti- Bunning Grassley Nelson (FL) The amendment (No. 3033) was re- Nickles fied to reassemble pursuant to section 2 of Burns Gregg jected. this concurrent resolution, whichever occurs Byrd Hagel Reed Campbell Harkin Reid Mr. DASCHLE. I move to reconsider first. Cantwell Hatch Roberts the vote. SEC. 2. The Speaker of the House and the Carnahan Helms Rockefeller Mr. REID. I move to lay that motion Majority Leader of the Senate, acting jointly Carper Hollings Santorum on the table. after consultation with the Minority Leader Chafee Hutchinson Sarbanes of the House and the Minority Leader of the Cleland Hutchison Schumer The motion to lay on the table was Senate, shall notify the Members of the Clinton Inhofe Sessions agreed to. House and the Senate, respectively, to reas- Cochran Inouye Shelby Mr. DASCHLE. Mr. President, we are semble at such place and time as they may Collins Jeffords Smith (NH) Conrad Johnson currently consulting about the remain- designate whenever, in their opinion, the Smith (OR) der of the day. It is fair to say Senators public interest shall warrant it. Corzine Kennedy Snowe Craig Kerry Specter should expect additional rollcall votes. Mr. REID. I suggest the absence of a Crapo Kohl Stabenow We are hoping we might reach an quorum. Daschle Kyl Thomas Dayton Landrieu agreement procedurally on how to The PRESIDING OFFICER. The DeWine Leahy Thompson make additional progress on the bill clerk will call the roll.

VerDate Mar 15 2010 20:48 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00027 Fmt 4637 Sfmt 0634 E:\2002SENATE\S21MR2.REC S21MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2220 CONGRESSIONAL RECORD — SENATE March 21, 2002 The assistant legislative clerk pro- Andean region and provide an alter- ‘‘planned multibillion dollar handout ceeded to call the roll. native to the illegal drug trade to citi- for wealthy TV-station owners.’’ While Mr. BAUCUS. Mr. President, I ask zens in the region. other industries must purchase their unanimous consent the order for the In addition, another critical inter- spectrum in competitive auctions, in quorum call be dispensed with. national trade program, the General- the case of digital TV, Congress de- The PRESIDING OFFICER. Without ized System of Preferences, which pro- cided to give away the spectrum. At objection, it is so ordered. vides important benefits to many de- the same time, Congress also decided f veloping countries, also expired at the that broadcasters could keep their old end of the last Congress. This program TIMING OF THE TRADE BILL analog spectrum until 2006, or until 85 should also be extended for some rea- percent of TV homes in a market could Mr. BAUCUS. Mr. President, at the sonable period of time, in my opinion, receive digital signals. end of the last session of Congress the several years. During the debate on the Balanced Finance Committee reported three I have discussed with the majority Budget Act, I expressed my serious res- critical pieces of international trade leader and many of my colleagues com- ervations with the spectrum provision. legislation to the Senate calendar: An bining all of these bills into a single At the time I stated: expansion of the Trade Adjustment As- vehicle, winning Senate passage for the . . . when it comes to the bill’s provisions on sistance Act, an extension of fast track legislation, and quickly moving to gain the analog turnback date, I fear that we trade negotiating authority, and an ex- support for the legislation in the other have inadvisedly undercut the value this pansion of the Andean Trade Benefits body in the hopes that these measures spectrum might otherwise bring at auction program. might be signed into law as soon as by including a waiver standard in this bill Each of these bills is time-sensitive possible. that unnecessarily signals to bidders in 2002 and I believe that the Senate should The combined trade legislation has that the spectrum they’re bidding on may take action on them as soon as pos- some detractors, but each component not become available on any definitive date. sible. The Trade Adjustment Assist- of the proposed trade legislation has bi- I was not alone in my concern. In Oc- ance Act, or TAA, first established in partisan support. Each piece serves an tober 2000, the New York Times wrote: 1962, is the program that addresses the important public policy purpose. And By giving the new spectrum away instead of needs of workers and firms that are ad- each piece is timely, if not overdue. auctioning it off to the highest bidders, Con- versely impacted by trade. I know that the Senate calendar is gress deprived the Treasury, and thus tax- The Senate Finance Committee bill crowded, but I would like to urge the payers, of tens of billions of dollars. The expands TAA coverage to new groups of majority leader and the minority lead- giveaway also kept the new spectrum out of the hands of bidders eager to sell digital workers, including farmers and sec- er to work with Senator GRASSLEY and ondary workers; provides training and services. The new spectrum went instead to myself to find time to take this legisla- incumbent broadcasters, who have dawdled. healthcare benefits to recipients; and tion up shortly after the Senate re- experiments with a new concept of Moreover, if the broadcasters begin turns from the coming recess. to use their digital spectrum primarily wage insurance, which aims to move The PRESIDING OFFICER. The Sen- to broadcast multiple channels of the unemployed back into the labor ator from Arizona. standard definition, perhaps on a sub- force as quickly as possible. Mr. MCCAIN. I ask unanimous con- Unfortunately, TAA was allowed to sent to address the Senate as in morn- scription basis, I believe that they will expire at the end of the last Congress. ing business. never relinquish the spectrum. This We need to not only extend TAA, but The PRESIDING OFFICER. Without scenario was never mentioned by the complete the expansion as soon as it is objection, it is so ordered. broadcasters while they were lobbying Congress for the free spectrum they practical. f Although States have cooperated eventually received. with the efforts of the Department of THE ADMINISTRATION’S In 1997, Congress mandated that fu- Labor to keep the program in oper- SPECTRUM PROPOSAL ture FCC spectrum licensing should be ation, this stopgap cannot continue in- Mr. MCCAIN. Mr. President, as rank- performed through auctions, ensuring definitely. Congress must ensure that ing member of the Senate Committee that the spectrum is allocated to par- this critical safety net for working on Commerce, Science and Transpor- ties that value most highly the oppor- Americans is in place. tation, I would like to discuss an issue tunity to provide wireless products and The extension of fast-track trade ne- I have discussed before, an issue that services, and that compensate the pub- gotiating authority—sometimes called was addressed by the administration’s lic for the use of its resources. Yet, at trade promotion authority—is also proposal in the 2003 budget to delay the the same time, Congress gave away bil- pending on the Senate calendar. auction dates for spectrum being used lions of dollars in public assets at the This measure is controversial, but by broadcasters. broadcasters’ urging and on the prom- Senator GRASSLEY and I were able to In 1997, Congress ventured down a ise that the public would get it back, arrive at a bipartisan bill to extend path that we hoped would lead to a rev- and get superior, free over-the-air serv- fast track. And the bill passed the Fi- olution for the American consumer— ice in the bargain. As the President’s nance Committee 18–3 with the support digital television. Congress took action budget acknowledges, however, this is of both the majority leader and the mi- to support the transition to digital tel- not happening. nority leader. evision, specifically high definition The administration is also proposing This extension may not be as urgent digital television, because of its poten- that beginning in 2007, the broadcasters as the extension of TAA, but many im- tial to give Americans sharp movie- would be assessed a $500 million annual portant international trade negotia- quality pictures and CD-quality sound, lease fee for their use of the analog tions both bilaterally and multilater- and took the extraordinary step of giv- spectrum. If they return their analog ally are pending or underway. This bill ing the broadcast industry a huge spectrum by the 2006 deadline, they allows Congress to direct these nego- amount of spectrum for free—a $70 bil- will be exempt from the fee. While this tiations and allows the President to lion gift. proposal has merits and may be justi- credibly negotiate with our trading During consideration of the Balanced fied, I believe that in all likelihood, the partners. It is time for Congress to ex- Budget Act of 1997, broadcasters touted broadcasters will never pay. Be assured tend fast track. DTV technology as a competitive ne- that a few years from now, the NAB The Senate Finance Committee also cessity that would preserve free over- will be marching up to Capitol Hill reported an extension of the Andean the-air television in the new digital asking Congress for more time to com- Trade Promotion Act or ATPA. This millennium. They sought legislation plete the DTV transition. measure has been actively supported intended to speed and facilitate a tran- We should not let this happen. I be- by many Senators, including Senator sition from analog to digital television lieve that Congress must address this BOB GRAHAM and the distinguished ma- broadcasting. Their requests for special issue legislatively to protect the Amer- jority leader. treatment were fulfilled. ican taxpayer and ensure that the DTV The legislation aims to shore up sup- At the time, the Wall Street Journal transition will become a reality. Con- port among U.S. allies in the critical described Congress’ action as a gress devoted valuable public assets to

VerDate Mar 15 2010 20:48 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00028 Fmt 4637 Sfmt 0634 E:\2002SENATE\S21MR2.REC S21MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 21, 2002 CONGRESSIONAL RECORD — SENATE S2221 the DTV transition and ultimately has year, the Commerce Committee held crops, trees grown for energy production, the responsibility for finding respon- hearings on the transition to digital wood waste and wood residues, plants (in- sible solutions. The proposal before the television. During that hearing I asked cluding aquatic plants, grasses, and agricul- FCC that enables broadcasters to fur- the National Association of Broad- tural crops), residues, fibers, animal wastes and other organic waste materials, and fats ther capitalize on the spectrum give- casters, NAB, whether or not they be- and oils, except that with respect to mate- away by allowing the broadcasters to lieved they were going to reach 85 per- rial removed from National Forest System negotiate to vacate the spectrum by cent of the homes in America by 2006. lands the term includes only organic mate- 2006 for a price, is not, I note, a respon- The NAB’s response, ‘‘Originally, the rial from— sible solution. expectations and the projections that ‘‘(A) thinnings from trees that are less In closing, I would like to read a [we] looked at, was for that transition than 12 inches in diameter; quote from an article that appeared in to take as long as possibly 2015.’’ ‘‘(B) slash; Business Week last year. I believe that there’s not a snowball’s ‘‘(C) brush; and ‘‘(D) mill residues.’’. Congress should also make broadcasters chance in Gila Bend, AZ, that the pay for their valuable real estate by attach- broadcasters will vacate this spectrum Mr. CRAIG. Mr. President, I rise ing a price tag to the spectrum they now oc- by 2006, or that, despite my best ef- today to introduce an amendment that cupy. When they approached Congress hat- forts, that broadcasters will be penal- would modify the definition of biomass in-hand, broadcasters promised something from national forests by clarifying that they have yet to deliver. Now that this has ized for squatting, as the President has proposed, if they occupy this spectrum biomass may come from slash, brush, become abundantly clear, they shouldn’t get or mill residue from any size tree that a free ride on taxpayers’ backs. What they after 2006. Some broadcasters have sug- should do is fork over the going rate for gested that they may use their digital may be harvested, as well as from whatever airspace they occupy. That’s what spectrum to multicast standard defini- thinning trees that are less than 12 cellphone companies are doing. tion signals and provide other ‘‘ancil- inches in diameter. It has been almost 5 years since the lary’’ services, competing against com- The Bingaman amendment defines spectrum giveaway and the transition panies and technologies that had to the term ‘‘biomass’’ on national forest to digital television has barely mate- pay for the spectrum they use. I worry lands as only that material generated rialized. The American taxpayers first that if broadcasters provide ‘‘ancil- from tree commercial thinning or slash lost the auction value of the spectrum. lary’’ services using the spectrum they or brush. Now, they have no real certainty of received for free, they will have a dis- Our respective staffs have worked out what they’re likely to get in return, or tinct competitive advantage over wire- language that is acceptable to the when they are likely to get it. The sit- less companies who pay the public for managers. I appreciate his staff’s co- uation is a mess, characterized by more the use of its spectrum. operation in addressing these concerns. finger pointing than progress. Regard- I yield the floor. Both Senator MURKOWSKI and I have been concerned that mill residue, slash less of who is to blame, this much is f clear: By 2006, this country will not and brush from normal harvest activi- have the transmission facilities, the NATIONAL LABORATORIES PART- ties did not qualify under the construct digital content, nor the reception NERSHIP IMPROVEMENT ACT OF of Bingaman amendment No. 3016. equipment necessary to ensure that 85 2001—Continued I have also expressed concern about percent of the population will be able The PRESIDING OFFICER. Who smaller logs that are sold as commer- to receive digital television. seeks recognition? cial timber that could be utilized as In fact, recent statistics show that Mr. MURKOWSKI. Mr. President, the biomass in some market conditions but consumers have yet to embrace digital Senator from Idaho is prepared to offer would not qualify under Bingaman television. The Consumer Electronics a second-degree amendment clarifying amendment No. 3016. Association reports that 1.4 million Senator BINGAMAN’s amendment No. This amendment I am now offering DTV sets were sold last year, of which 3016. I am in support of his amendment. addresses all of our concerns. 97,000 were integrated units containing The PRESIDING OFFICER. The Sen- We have 39 million acres of national digital tuners. However, we received ator from Idaho. forest land at high risk of catastrophic testimony before the Senate Commerce Mr. CRAIG. Mr. President, I thank fire. We have an additional 24 million Committee last year that over 33 mil- my colleague, the ranking member of acres that have suffered insect and dis- lion analog sets had been sold in 2000 the Energy Committee, Senator MUR- ease attacks making them highly sus- alone. While DTV sales have been in- KOWSKI. ceptible to fire as well. creasing each year, an overwhelming Mr. President, I ask unanimous con- There are over 49.5 million acres of majority of Americans are still pur- sent to set the pending amendment trees in the 9- to 12-inch diameter class chasing analog sets. aside for the purpose of consideration that need to be thinned to reduce the Given the uncertainty surrounding of this amendment. risk of catastrophic fires and to allow the return of the spectrum currently The PRESIDING OFFICER. Without those trees to grow to full and produc- occupied by broadcasters, the adminis- objection, it is so ordered. tive maturity. tration has proposed shifting the auc- AMENDMENT NO. 3049 TO AMENDMENT NO. 3016 I am pleased that we have addressed tion for TV channels 60–69 from the Mr. CRAIG. Mr.President, I send an the fundamental problems that cause elapsed 2000 deadline to 2004. Addition- amendment to the desk. so many of my constituents concern. I ally, the proposal would shift the auc- The PRESIDING OFFICER. The have several biomass co-gen operations tion of TV channels 52–59 from 2002 to clerk will report. The assistant legisla- in my State that are fed largely from 2006. According to OMB projections, tive clerk read as follows: hog fuel off the public lands—the na- tional forest land. shifting the auctions to later dates The Senator from Idaho [Mr. CRAIG] pro- would increase expected revenues by poses an amendment numbered 3049 to I think this clarifies the issue. I $6.7 billion. The administration has amendment No. 3016. thank the chairman for his coopera- concluded that if legislative action is Mr. CRAIG. Mr. President, I ask tion. not taken to shift the auction dates, unanimous consent that reading of the Mr. BINGAMAN. Mr. President, this potential auction participants may amendment be dispensed with. does clarify the intent on both sides. I hesitate to bid for this spectrum with- The PRESIDING OFFICER. Without think this additional definitional lan- out certainty of when the broadcasters objection, it is so ordered. guage is useful. We have no objection may actually vacate it. The amendment is as follows: to the amendment. At the same time, however, even if Mr. MURKOWSKI. Mr. President, I (Purpose: To clarify the definition of we act to change the dates, I also be- biomass) thank Senator BINGAMAN for his co- lieve that years from now Congress is operation. On page 6, strike line 9 and all that follows likely to again find itself attempting through line 15 and insert the following: I want to make sure that we all un- to shift the auction dates because the ‘‘The term ‘biomass’ means any organic derstand some of the terminology used, broadcasters will still occupy the spec- material that is available on a renewable or and the words ‘‘hog fuel.’’ I know what trum. I hold this view because last recurring basis, including dedicated energy it is. It is the waste.

VerDate Mar 15 2010 20:48 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00029 Fmt 4637 Sfmt 0634 E:\2002SENATE\S21MR2.REC S21MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2222 CONGRESSIONAL RECORD — SENATE March 21, 2002 The significant aspects of recognizing The motion to lay on the table was opens the way for democratic reforms. the way this portion of the Bingaman agreed to. It also increases understanding and amendment bill was originally stated Mr. BINGAMAN. I suggest the ab- interdependence among nations, and is that it would have excluded waste sence of a quorum. raises the cost of conflict. from public land—namely, the national The PRESIDING OFFICER. The Senators BAUCUS and GRASSLEY de- forests—unless it is specifically identi- clerk will call the roll. serve great credit for getting a bipar- fied as slashings, second growth, and so The assistant legislative clerk pro- tisan TPA proposal out of the Finance forth. ceeded to call the roll. Committee with an overwhelming vote It would very narrowly bring into Mr. DASCHLE. Mr. President, I ask of support—18 to 3. question the residue associated with unanimous consent that the order for Their proposal not only gives the milling of timber and timber products the quorum call be rescinded. President that authority he needs to from national forests as to whether or The PRESIDING OFFICER. Without negotiate good trade agreements for not that waste could be used in bio- objection, it is so ordered. the United States. It also addresses mass. f critical labor and environmental con- For example, in my State of Alaska, cerns. Under their proposal, labor and it would exclude the development of TRADE PROMOTION AUTHORITY environmental concerns are central any biomass as an alternative because Mr. DASCHLE. Mr. President, as I issues, not side issues. we don’t have, for all practical pur- understand it, we are working on an ar- The fundamental reality is that ex- poses, anything other than public land. rangement that will accommodate fur- panded trade raises living standards That is why it is so important that ther progress on this part of the energy generally, but some people lose. That is this change be made. I want to make bill. I appreciate the cooperation of all inevitable. sure that in the language the intention those involved. Last year, we passed an important is, if you have a tree that comes off I want to take a moment to talk education reform bill. We agreed then public land that has rot in it that about a strong interest I have—and I that we would ‘‘leave no child behind.’’ would be basically determined not to know it is shared by the Presiding Offi- Now we need to make sure we leave no be sufficient for milling—and, in the cer and many other of our colleagues— worker behind. And that’s why the terminology, this would be a mill res- in trade promotion authority, trade ad- package will include expanded trade idue—indeed that would be included in justment assistance, and the Andean adjustment assistance the definition of what would be al- Trade Preference Expansion Act. We This is not a partisan idea. It’s an lowed. will be dealing with all three of those American idea. Clearly, no one takes prime, quality issues in the next work period. I reem- It was also the one clear area of timber and uses it for biomass. It has a phasize the importance that I, as one agreement among the recommenda- higher value. So there is a check and Senator, put on getting that package tions of the bipartisan U.S. Trade Def- balance in it. passed during that time. icit Review Commission, which was es- Mr. CRAIG. If the Senator will yield, I think we all saw yesterday that the tablished by Congress in 1998. he makes an important point. In com- January trade deficit swelled to $28.5 Among the key members of the com- mercial logging operations that are billion. That is a 15 percent increase mission were President Bush’s trade qualified under the U.S. Forest Serv- over December and sharply higher than representative, Robert Zoellick; De- ice—the legitimate timber sales—some the consensus forecast. That alone fense Secretary Donald Rumsfeld; and of those logs, once cut, and beyond the caused some analysts to lower their George Becker, the former president of 12-inch diameter size that get to the projections for first quarter growth by the United Steelworkers. mill, that are deteriorating or have, as a full percentage point. Nor is trade adjustment assistance a you call it, the rot of the center and That set of numbers indicates pretty new idea. It has been part of American cannot be milled, put on a mill head rig clearly how important trade is to the trade policy for 40 years. The current program, however, cov- and moved, fall apart, I think that is American economy, and it graphically ers too few people. And it does not ad- residue by anyone’s definition when it demonstrates why we need to provide dress some of the most serious prob- is determined, at least in the mill yard, trade promotion authority. lems displaced workers have in finding that no commercial value can come Today, nearly one in every 10 U.S. productive new employment. from it. Clearly, I think that falls jobs—an estimated 12 million jobs—is I commend Senators BAUCUS and under that definition. But I appreciate directly linked to the export of U.S. BINGAMAN for their leadership in put- the Senator mentioning it. goods and services. These are good jobs ting together a proposal that corrects What we are doing, along with pass- that pay 13–18 percent more than the both of those shortcomings. ing legislation, is establishing, by the national average. record of the floor, what is the intent I also thank Senator SNOWE, who has The benefits are even more pro- been working closely with us on this of Congress. And I think that is the in- nounced in agriculture. Since passage tent of this legislation. effort. of NAFTA in 1993, U.S. agricultural ex- We already have 47 cosponsors. I thank the Senator for yielding. ports to Mexico have doubled. Mr. MURKOWSKI. I certainly agree There are some reasons why we need Agricultural exports today account with that. I appreciate the colloquy. I a new, expanded program of trade ad- for one in every three U.S. acres plant- think this is good utilization in the justment assistance. I want to cite a ed; nearly 25 percent of gross cash sales sense of biomass. But I would like to few. in agriculture; and more than three- remind my colleagues that biomass Today, if your employer’s plant quarters of a million U.S. jobs. just does not create energy. Somebody moves to Mexico, you are eligible for a The U.S. Trade Representative’s of- has to burn it. When you burn it, you year of additional unemployment bene- fice estimates that the average Amer- generate emissions. And when you gen- fits, plus education and training. But if ican family of four saves between $1,260 erate emissions, obviously, you have a your plant moves to Brazil—or any and $2,040 a year as a result of the two tradeoff. other nation besides Mexico—you get I am pleased the amendment will be major trade agreements we entered none of these benefits. accepted. into in the 1990s—NAFTA and the Uru- The new proposal says that no mat- The PRESIDING OFFICER. Is there guay Round. ter where your company moves, you further debate? And in my view, the benefits of trade get help. If not, without objection, the amend- today are even greater for the United Today, workers whose company ment is agreed to. States because no Nation in the world moves to another country are eligible The amendment (No. 3049) was agreed is better positioned to thrive in a glob- for trade adjustment assistance. But to. al, information-based economy. let’s say your employer provides parts Mr. MURKOWSKI. I move to recon- Expanding trade also offers national to another company, and that company sider the vote. security and foreign policy benefits be- moves to another country. If you lose Mr. CRAIG. I move to lay that mo- cause trade opens more than new mar- your job in that case, you are not eligi- tion on the table. kets. When it is done correctly, it ble for assistance.

VerDate Mar 15 2010 20:48 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00030 Fmt 4637 Sfmt 0634 E:\2002SENATE\S21MR2.REC S21MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 21, 2002 CONGRESSIONAL RECORD — SENATE S2223 The new proposal makes sure these The package we will consider when that we will be considering soon. Clear- ‘‘secondary workers’’ get help, too. we return will renew ATPA and, at the ly, this legislation is extremely impor- For the first time, the new proposal same time, level the playing field be- tant to the economic welfare of the also includes farmers. tween Andean nations and their Carib- country and I look forward to helping As a general matter, expanded trade bean neighbors. him get it passed. In particular, I want will provide billions and billions of dol- I thank Senator GRAHAM of Florida to get trade adjustment assistance leg- lars in economic growth for the United for his leadership in putting together islation to the floor so we can begin to States. the proposal and again Chairman BAU- help American workers and commu- Certainly, we can dedicate a small CUS for putting the entire trade pack- nities in a more effective way. fraction of this gain to those Ameri- age together. I have heard a lot of criticism lately cans who are harmed. It is the right The word ‘‘trade’’ has its roots in an about the trade adjustment assistance thing to do. Frankly, it will be impos- old Middle English word meaning bill especially concerning its linkage sible to build a broad consensus for ex- ‘‘path,’’ which is connected to the word to fast-track legislation but I have to panded trade unless we do it right. ‘‘tread’’ to move forward. agree with the majority leader that I We should help American workers The trade package we will consider see fast-track and trade adjustment as- learn the new skills they need to earn when we return will enable us to move sistance to be complementary. Fast- a living. We should help them maintain forward in this new global economy in track will allow the creation of free- health insurance while they’re unem- a way that strengthens our national se- trade agreements that will provide ployed—and help protect against wage curity and the economic security of broad collective benefits to Americans, loss when they become re-employed. American businesses and families. We but it will also result in negative im- I also want to reaffirm my strong look forward to a good and vigorous de- pacts on American workers and com- support for the Andean Trade Pref- bate when we return. munities. erence Expansion Act. I yield the floor and suggest the ab- From where I sit, we should not pass Again, I wish we could have passed it sence of a quorum. legislation that will negatively impact quickly, this week, as I had originally The PRESIDING OFFICER. The American workers without expanding hoped. But I am confident we can pass clerk will call the roll. and enhancing the Trade Adjustment it in a relatively short period of time The assistant legislative clerk pro- Assistance Program. We need strong after we return. ceeded to call the roll. protections in place for American Congress first passed the Andean Mr. BINGAMAN. Mr. President, I ask workers and their communities. We Trade Preferences Act 10 years ago as a unanimous consent that the order for need a safety net that keeps these comprehensive effort to defeat narco- the quorum call be rescinded. workers competitive and their commu- trafficking and reduce the flow of co- The PRESIDING OFFICER. Without nities strong. The Bush administration caine into the United States. objection, it is so ordered. has stated as much many times, most The program allows the President to Mr. BINGAMAN. Mr. President, I recently in their trade policy agenda provide reduced-duty or duty-free wanted to speak very briefly in agree- that came out this week. treatment for most imports from Bo- ment with the majority leader about My colleagues know that trade ad- livia, Columbia, Ecuador, and Peru. his comments on both trade promotion justment assistance has never been The goal is simple: to provide farm- authority and trade adjustment assist- about ideologies or political parties. It ers in a region that produces 100 per- ance. I think the two clearly have to go has always had bi-partisan support. If cent of the cocaine consumed in the together and quickly. There are a great my colleagues look at the number of United States with viable economic al- many workers in this country who are people in their state that have used ternatives to the production of coca. getting inadequate benefits. Many are trade adjustment assistance over the The program works. getting no benefits because we have years, or are using it now, they will In the last decade, our Andean neigh- not modernized our Trade Adjustment admit the program is about helping bors have made significant economic Assistance Program. people and communities get back on gains, and trade between the United We have a good proposal to mod- their feet. I am prepared to negotiate States and the region has increased ernize that program which we passed on the outstanding issues, and I am convinced that common ground can be dramatically. out of the Finance Committee, and I According to the International Trade think it is very important that we found rather easily on the core compo- nents of the bill. Commission, between 1991 and 1999, bring that up on the Senate floor after I thank the distinguished majority two-way trade between the United we return and pass that as quickly as leader for his continued efforts to bring States and Andean nations nearly dou- possible. I know that is intended to this legislation to the floor in a timely bled, and U.S. exports to the region pass in tandem with the trade pro- fashion, I want to thank Senator BAU- grew by 65 percent. motion authority. CUS for his continued efforts to empha- The ITC also reports that ATPA has The administration is anxious to see size the importance of trade adjust- contributed significantly to the diver- that pass. I think if there are disagree- ment assistance, and I look forward to sification of the region’s exports. ments about the trade adjustment as- working with both of my colleagues in In addition, the program has served sistance proposals that we have re- the future to ensure we pass this im- as a catalyst for resolving regional ported out of the Finance Committee, portant legislation. conflicts, pushing the members of the we need to have early negotiations to Mr. President, I suggest the absence Andean community—particularly Peru resolve this. of a quorum. and Ecuador—to work toward resolu- I know the administration has ex- The assistant legislative clerk pro- tion of long-standing disagreements pressed concerns. To my knowledge, we ceeded to call the roll. that have undercut efforts at regional have not had any real counterproposals f development. that could be seriously considered. So I ATPA is doing, in other words, pre- hope that will get done in the next cou- NATIONAL LABORATORIES PART- cisely what it was intended to do. So ple of weeks before we return, and I NERSHIP IMPROVEMENT ACT OF there is every reason to extend it on its hope we will be in a position to pass a 2001—continued own merits. new, improved set of provisions regard- Ms. LANDRIEU. Mr. President, I ask But in addition, the bill we passed ing trade adjustment assistance. I unanimous consent that the order for last year to expand U.S. trade with think that is a real priority. I was the quorum call be rescinded. Caribbean countries has had the unin- pleased we were able to move ahead in The PRESIDING OFFICER. Without tended effect of putting the Andean na- the Finance Committee. I think it is objection, it is so ordered. tions at a competitive disadvantage very important to move ahead on the Ms. LANDRIEU. Mr. President, at with other nations in the region. floor as well. this time, I ask unanimous consent The development and stability of the Mr. President, I thank the distin- that the pending amendment be tempo- Andean region is as much in our inter- guished majority leader for his com- rarily laid aside so that I may offer an est as it is in theirs. ments on the trade legislation package amendment.

VerDate Mar 15 2010 20:48 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00031 Fmt 4637 Sfmt 0634 E:\2002SENATE\S21MR2.REC S21MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2224 CONGRESSIONAL RECORD — SENATE March 21, 2002 Mr. REID. Reserving the right to ob- congestion charges on the transmission sys- regions of the country are denied cheap ject, Mr. President, I say to my friend tem of a regional transmission organization, and reliable electricity. from Louisiana that we are almost get- or the right to use a specified capacity of Electricity price spikes in the Mid- ting a unanimous consent agreement. such transmission system without payment west during the summer of 1998 were of transmission congestion charges. When we get it, we may ask the Sen- ‘‘(4) REGIONAL TRANSMISSION ORGANIZATION caused in part by transmission con- ator to withhold so we can enter into FACILITATION.— straints limiting the ability of the re- this agreement. ‘‘(A) IN GENERAL.—To encourage the re- gion to import electricity from other Ms. LANDRIEU. I will have no objec- gional transmission organization or any regions of the country. In the summer tion to that, as long as I have an oppor- Commission-authorized transmission entity of 2000, transmission constraints lim- tunity to offer the amendment some- operating within the RTO to identify partici- ited the ability to sell low-cost power time this afternoon. pant-funded investment, the Commission from the Midwest to the South during shall allow a regional transmission organiza- Mr. REID. The Senator can do it now. tion or any entity constructing a participant a period of peak demand, resulting in The PRESIDING OFFICER. Without funded project within the RTO to— higher prices for customers. Recent objection, the pending amendment will ‘‘(i) receive a share of the value of the blackouts in northern California were be laid aside. tradable transmission rights created by the the result of transmission constraints AMENDMENT NO. 3050 TO AMENDMENT NO. 2917 participant-funded expansion; or in southern California due to Califor- ‘‘(ii) receive a development fee.’’. Ms. LANDRIEU. Mr. President, I nia’s Path 15 transmission route. The send an amendment to the desk on be- Mrs. LANDRIEU. Mr. President, east coast has also suffered from trans- many years ago Arnold Glasow said half of myself and Senator KYL. mission constraints and price spikes in The PRESIDING OFFICER. The that ‘‘all some folks want is their fair recent years. clerk will report. share—and yours.’’ Surely, there must be a more equi- Today, I rise to offer an amendment The assistant legislative clerk read table way to allocate cost while simul- that provides for true fairness in elec- as follow: taneously enhancing our transmission tricity pricing and in doing so paves capacity. It is not fair to expect cus- The Senator from Louisiana (Ms. LAN- the way for much needed transmission tomers in energy generating States to DRIEU), for herself and Mr. KYL, proposes amendment numbered 3050. expansion at a national level. keep paying for transmission expansion Over the past 10 years demand for when this increased transmission is Ms. LANDRIEU. Mr. President, I ask electricity has increased 17 percent primarily being developed for out-of-re- unanimous consent that further read- while transmission investment during gion use. In addition, the lack of trans- ing of the amendment be dispensed the same period has continuously de- mission capacity under this archaic with. clined about 45 percent. pricing method continues to deny cus- The PRESIDING OFFICER. Without What is even more troubling is that tomers in energy importing States the objection, it is so ordered. current demand for electricity is pro- benefit of cheaper electricity from The amendment is as follows: jected to increase by 25 percent over other regions of the country. (Purpose: To increase the transfer capability the next 10 years with only a modest The best policy for efficient competi- of electric energy transmission systems increase in transmission capacity of 4 tive wholesale power markets is ‘‘par- through participant-funded investment) percent. With projected demand ex- ticipant-funded’’ expansion. In this sys- At the appropriate place, insert the fol- ceeding projected additional capacity tem, market participants ‘‘fund’’ ex- lowing: five times over, problems seem immi- pansions to the transmission network SEC. l. PARTICIPANT-FUNDED INVESTMENT. nent. in return for the transmission rights Section 205 of the Federal Power Act is It is no surprise to this Senator that amended by inserting after subsection (h) created by the expansion investment. the following: in recent years electricity shortages This approach gives proper economic ‘‘(i) TRANSMISSION EXPANSION COSTS.— due to transmission constraints have incentive for new generator location ‘‘(1) RATES FOR TRANSMISSION EXPANSION.— plagued the country from one coast to and transmission expansion decisions. Upon the request of a Regional Trans- another and various points in between. In the new world, the numbers and mission Organization, or any transmission Unless we deviate immediately from volumes of interstate transactions are entity operating within an RTO that is au- the past ways of doing business, our large and growing every day. In my thorized by the Commission, the Commission economy will be held hostage to trans- home State of Louisiana, there are shall authorize the recovery of costs on a mission constraints with rolling black- participant-funding basis of transmission fa- enough new merchant generation cilities that increase the transfer capability outs becoming the norm rather than plants planned to almost double the of the transmission system. The Commission the exception. amount of generation in the State shall not authorize the recovery of costs in Our existing electrical transmission today. rates on a rolled-in basis for such trans- system was designed to serve local cus- Those who favor socializing these mission facilities unless the Commission tomers from utility-owned generation costs may argue that ‘‘rolled in pricing finds that, based upon substantial evidence— on a State-by-State basis. However, in is ok because transmission is such a ‘‘(A) the transmission investment is identi- recent years more and more ‘‘merchant small part of a consumer’s total bill.’’ fied and incorporated in the regional trans- generation’’ operated by independent This was true in the past but not any- mission plan of a FERC approved regional transmission organization; companies have begun to connect to more. If we must build enough trans- ‘‘(B) participant funding for the invest- the electrical grid in order to transmit mission to export just a portion of this ment is not feasible because the beneficiaries electricity to local as well as out-of-re- new generation—10,000 megawatts—the of the investment cannot be identified; and gion customers. estimated cost would be $2 billion to $4 ‘‘(C) the transmission investment is nec- Though this increased generation billion. Louisiana’s share of this cost essary to maintain reliability of the trans- added much needed competition, it would be $90 to $180 million per year, mission grid within the area covered by the began to strain the current trans- and impose a retail rate increase of 5 to regional transmission organization. mission system. The pricing mecha- 11 percent. All with no significant ben- ‘‘(2) PARTICIPANT-FUNDING.—The term ‘par- nism at the wholesale level still em- ticipant-funding’ means an investment in efit to local customers. the transmission system of a regional trans- ploys the old socialized rate method of The opponents of this amendment mission organization or any Commission au- continuously increasing the rates for argue that transmission upgrades may thorized entity operating with the RTO local customers even though most of be more expensive than the delivered that— the beneficiaries are out-of-region cus- power is worth. If it is too expensive to ‘‘(A) increases the transfer capability of tomers. This antiquated pricing meth- build facilities to move the power, then the transmission system; and od has dampened the push to enhance the plant is being built in the wrong ‘‘(B) is paid for by an entity that, in return transmission capacity in energy pro- place. No one should bear these costs, for payment, receives the tradable trans- ducing States as State regulators are mission rights created by the investment. least of all local consumers. ‘‘(3) TRADABLE TRANSMISSION RIGHT.—The reluctant to pass excessive trans- The developers need to take these term ‘tradable transmission right’ means the mission cost off to local customers who costs into account when they site their right of the holder of such right to avoid are not benefitting from the elec- plants—just like they consider gas payment of, or have rebated, transmission tricity. Meanwhile energy dependent costs, water costs, and environmental

VerDate Mar 15 2010 20:48 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00032 Fmt 4637 Sfmt 0634 E:\2002SENATE\S21MR2.REC S21MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 21, 2002 CONGRESSIONAL RECORD — SENATE S2225 permits. The participant funding con- The PRESIDING OFFICER. Without identified with a program which would cept is not new—this concept has been objection, it is so ordered. basically disallow them from going for- successfully implemented in the nat- Mr. REID. Mr. President, there is a ward. They would not have a choice; ural gas industry through incremental possibility of four votes tonight. The they would be mandated. pricing. As a result of incremental two managers are aware of this. They Most, if not all, of these States’ pro- pricing in the natural gas industry, are going to do the best they can. Ev- grams, in my opinion, are inconsistent proposed annual additions in 2002 to erybody should be aware, these are with the renewable mandate in the natural gas pipeline capacity has in- complicated issues and pay attention Bingaman amendment. These 14 exist- creased by nearly 100 percent relative to this debate. ing State programs were created on to 1999. The PRESIDING OFFICER. The Sen- one simple premise—and I would en- The opponents of this legislation ator from Alaska. courage Members who are watching want the risk and consequences of bad AMENDMENT NO. 3052 TO AMENDMENT NO. 3016 and staffs to recognize this—that pur- siting decisions to be socialized, so Mr. MURKOWSKI. Mr. President, I pose was to match the State’s needs that all the ‘‘little guys’’ will pick up send an amendment to the desk and and to take into account local cir- the tab. In contrast, participant fund- ask for its immediate consideration. cumstances. ing gives proper price signals for new The PRESIDING OFFICER. The Each State is different. Each State generator location, and it assures an clerk will report. has an opportunity to consider pro- economically efficient level of grid ex- The legislative clerk read as follows: grams that match their needs and pansion. The Senator from Alaska [Mr. MURKOWSKI] match their levels of capability. Some I realize this amendment is gener- proposes an amendment numbered 3052 to States may be able to achieve more in ating quite a bit of discussion; how- amendment No. 3016. the area of renewability. Is it their ever, electricity transmission policy is Mr. MURKOWSKI. Mr. President, I business to necessarily sell credits? not a popularity contest, it is about ask unanimous consent that the read- What we are trying to do is encour- making tough but fair decisions. The ing of the amendment be dispensed age across the board greater utilization electricity debate reminds me of some- with. of renewables. What is wrong with a thing that Mark Twain once said: The PRESIDING OFFICER. Without voluntary system? Fourteen existing ‘‘Whenever you find yourself on the objection, it is so ordered. State programs were created to match side of the majority, it is time to pause The amendment is as follows: their State needs and to take into ac- and reflect.’’ (Purpose: To protect State portfolio count local circumstances. I therefore ask my fellow colleagues requirements) As we know, some States are richer to pause for a moment and reflect over On page 6, on line 6, strike ‘‘mix.’’ and in- than others in wind energy sources. the content of this amendment, what it sert ‘‘mix. The provisions of this section Some States are richer in geothermal. has meant to the natural gas industry shall not apply to any retail electric supplier Other States have the potential of bio- and what it will mean for our economic in any State that adopts or has adopted a re- mass. Some States have the potential prosperity in the future. Let’s work to- newable energy portfolio program.’’ of hydro. States have tailored their re- gether in an equitable manner toward Mr. MURKOWSKI. Mr. President, the newable programs, through their own building efficient and reliable elec- amendment I have proposed would ex- initiative, to match their local re- trical highways by adopting this empt the retail electric suppliers in sources with their local needs. amendment. any State that has a renewable energy We are going to take that away be- Thank you, Mr. President, and I ask portfolio requirement. cause we are coming down, as the unanimous consent that my amend- What we have behind us is a chart Bingaman amendment indicates, with ment be laid aside. that I think fairly identifies the issue. a one-size-fits-all Federal program. In The PRESIDING OFFICER. Without This chart shows States where renew- other words, it is not good enough for objection, it is so ordered. able portfolio standards would be pre- the States to address their responsi- The Senator from Nevada. empted by a Federal mandate. In other bility and seek within the State’s ini- Mr. REID. Mr. President, I ask unan- words, by this current proposal in the tiative how to reach a renewable man- imous consent that Senator MUR- underlying Bingaman amendment, all date. KOWSKI be recognized to offer a second- States would be mandated for a renew- It applies the same to Maine as it degree amendment to the Bingaman able contribution of about 10 percent, does in Texas, and clearly the States amendment relating to grandfathering; without exception. are different. They are in different cli- that there be 1 hour equally divided What does this do? We have 14 States mate locales. They are in different and controlled in the usual form, with that already have initiated renewable parts of the country. I do not have to no amendment in order thereto prior to mandates because they believed it was explain the differences. But this would a vote in relation to the amendment; in the best interest of their State. We mandate one size fits all. that upon the use or yielding back of have seven other States—these are the The amendment exempts retail elec- time, the Senate proceed to a vote in orange States—that are in the process tric suppliers in any State that adopts relation to the amendment; that if the of considering renewable portfolio or has adopted a renewable energy pro- Murkowski amendment is defeated, it standards. What are those States? We gram. So it exempts retail electric sup- be in order for Senator COLLINS to offer have Massachusetts, New Jersey, Penn- pliers in any State that has adopted a an amendment relating to renewables sylvania. We have Hawaii, Arizona, renewable energy program. This allows with 20 minutes for debate prior to a New Mexico, Nevada. Then, of course, existing State programs to continue, vote in relation to that amendment, we have Minnesota, Illinois, Wisconsin. and it allows States to adopt a pro- with the time equally divided and con- We have the west coast. gram in the future. That is the purpose trolled in the usual form; that the Col- The point is, 14 States have a pro- of our amendment. lins amendment be considered fol- gram now. Again, they are Arizona, Now, if a State fails to act, then it lowing consideration of the Kyl amend- Connecticut, Hawaii, Illinois, Iowa, will be subject to the requirements of ment, which is a second-degree amend- Maine, Massachusetts, Minnesota, Ne- the Bingaman amendment. So you are ment relating to ‘‘opt out,’’ on which vada, New Jersey, New Mexico, Penn- forcing a mandate, in a sense, that if there will be 20 minutes for debate sylvania, Texas, and Wisconsin. Then they do not take the initiative and act prior to a vote in relation to the there are seven States shown on the themselves, then they fall under the amendment, with the time equally di- chart which are considering a program: Bingaman amendment, which is a man- vided and controlled in the usual form; California, Maryland, Nebraska, New date. that upon disposition of the amend- Hampshire, Oregon, Washington, This allows for the existing 14 States, ments covered under this agreement, Vermont. it allows for the 7 that are in the proc- the Senate proceed to vote on the What does this really mean? This ess of considering it, and then it gives Bingaman amendment, as amended, if means the renewable mandate, the the others an option to initiate a re- amended, without any intervening ac- Bingaman amendment, would preempt newable program, but if they do not, tion or debate. those 14 States and the other 7 States they fall under the mandate.

VerDate Mar 15 2010 20:48 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00033 Fmt 4637 Sfmt 0634 E:\2002SENATE\S21MR2.REC S21MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2226 CONGRESSIONAL RECORD — SENATE March 21, 2002 It seems to me if we value States I yield the floor. 22, 2001, Illinois Governor George Ryan rights, if we recognize one size does not The PRESIDING OFFICER. The Sen- signed legislation creating the Illinois fit all, there is certainly justification ator from New Mexico. Resource Development and Energy Se- for consideration of the merits of a Mr. BINGAMAN. Mr. President, I rise curity Act. The legislation states, as State initiating a program that it sees in strong opposition to the amendment an explicit goal, at least 5 percent of fit in relation to the conscious effort to the Senator from Alaska has offered. the State’s energy production and use try to encourage more renewables, but The amendment essentially guts the derive from renewable forms of energy where a State moves forward, this renewable portfolio standard contained by 2015 and 15 percent from renewable amendment allows that State effort to in the amendment I proposed. The sources of energy by 2020. continue. It seems to me this is a prac- amendment I proposed has a provision However, it does not include an im- tical, realistic, sensible approach that called State savings clause that reads: plementation schedule. There is noth- gives the States an opportunity to ad- This section does not preclude a State ing in the Illinois-passed law that will dress their responsibility towards en- from requiring additional renewable energy actually get them to the stated goal. couraging renewables by their own ini- generation in that State or from specifying They have adopted a renewable port- tiative, which the 14 States clearly technology mix. folio program under the definition of have done, and 7 others are in the proc- Any State that wants to step up and his amendment, but it has no teeth. ess of initiating that action. do something more, or specify the tech- The summary on the Nebraska pro- I encourage Members to reflect on nology mix appropriate for their State, gram he cites says in April of 1998 the the value of State rights and on the is encouraged. It is not discouraged. It Lincoln Electric System created a value of this particular effort not only will control. wind power green pricing program working but the States initiating an That is not what the amendment of called the Lincoln Electric System Re- action to address a need and fill it. the Senator is proposing. newable Energy Program. It is a green Before we get carried away in the de- Mr. MURKOWSKI. Could I ask a pricing program and does not require bate, again I want to recognize some- question? them to make available renewable thing I think has been overlooked rath- Mr. BINGAMAN. I yield for a ques- power in any way. It says they should er dramatically, and that is there is a tion. give an option when people pay their cost associated with renewables. We Mr. MURKOWSKI. I am curious. In bill for so-called green pricing. went into that a little bit in the debate the statement of the Senator from New The point is, if we want to have a na- over the Kyl amendment. But if we Mexico that a State could go beyond, is tional program to deal with the na- take a hypothetical utility, let us say, the Senator suggesting it would go be- tional electric grid we have talked that generates a billion kilowatt hours yond the 10-percent norm? They could about for several weeks, and we want and there is the 10-percent mandate on do anything above it but have to meet to move this country in the direction renewable portfolio standards, that is the 10 percent? of using renewable energy to a greater 100 million kilowatt hours of renewable Mr. BINGAMAN. In response to my extent than in the past, we have to go energy, times 3 cents per kilowatt, colleague, that is exactly right. They ahead and maintain this renewable which is about the—well, the average can do anything in addition in the way portfolio standard we proposed in the price is generally considered roughly 3 of requiring renewable energy genera- bill. cents—that is $3 million for renewable tion and they can specify any tech- To say any State that wants to can credits. Now that is a cost that is going nology mix they want. There is noth- adopt something, set a goal or put in a to be passed on to the ratepayer—$3 ing in the Federal law restricting a program, suspend it for 6 years, as in million for requiring a 10-percent man- State in this regard. New Mexico, and thereby satisfy that date. If I may continue. State from being out from under the Let’s look at a typical utility. Let’s Mr. MURKOWSKI. I don’t want to in- requirements of the law, totally guts look at Wisconsin Electric: Retail sales terrupt. the effect of the law. This is essentially over the year 2000, about 3,173,000,000 Mr. BINGAMAN. You are inter- another vote like the vote we had with kilowatt hours, times a 10-percent re- rupting, but go right ahead. the Kyl amendment. The Kyl amend- newable portfolio standard; that is Mr. MURKOWSKI. If a State were 5 ment said renewable power shall be 317,331,000 kilowatt hours of renew- percent, it would be mandated to go 10 made available to customers to the ex- ables. That is what they are going to percent. If another State were 12, it tent it is available. have to get into Wisconsin, times 3 could set anything it wanted; is that This amendment says States will cents per kilowatt hour; that is $9.5 correct? comply with the renewable portfolio million, the cost of renewable credits Mr. BINGAMAN. The Senator is cor- standard in this bill, except to the ex- that is going to be passed on to the rect in that a renewable portfolio tent they determine to do something ratepayer in Wisconsin. standard that is not as effective as the else. The current wholesale price, as I one we are proposing would not meet We cannot let them off the hook on have indicated, is roughly 3 cents per the Federal standard and would not be that basis. Either we favor a renewable kilowatt hour. So make no mistake adequate. The Federal standard would portfolio standard—and I believe a ma- about it, not only have we already still prevail. jority of the Senate does; that is what mandated an increase to the utility I point out what the amendment of the Kyl vote was an indication of; the consumers in this country by the 10- the Senator says: majority of the Senate believes we percent mandate that prevailed when The provisions of this section— should require this modest commit- the Kyl amendment failed but now we That would be this renewable port- ment to renewable energy—either we are mandating one size fits all. We are folio standard we had the vote on ear- do that or we do not. taking a relatively orderly program lier with the Kyl amendment—— To say any State that adopts any- that the States initiated, where 14 shall not apply to any retail electric supplier thing that they call a renewable port- States actually have renewable pro- in any State that adopts or has adopted a re- folio program is out from under any re- grams and 7 States are looking at newable portfolio energy program. quirement clearly guts the effort we those programs and saying, everybody He then cites a variety of States that are making. I strongly oppose the is going to have a renewable program are on the chart that have adopted amendment and hope we defeat the that meets the 10-percent standard set these renewable energy portfolio pro- amendment. in the underlying bill. It does not allow grams. He has included New Mexico on I yield the floor. the States that are not addressing it an the chart. We have no renewable en- The PRESIDING OFFICER. The Sen- alternative other than than a mandate ergy portfolio program in our State. ator from Alaska. of 10 percent. We adopted one and suspended it for 6 Mr. MURKOWSKI. Mr. President, I As a consequence, I don’t think this years, but it is on the chart as a State appreciate the Senator from New Mex- is the best way to legislate a portfolio qualifying to be exempt from the Fed- ico pointing out the status in his par- renewable standard by the theory of eral program. He has included Illinois. ticular State. I wonder if Illinois and one size fits all. I have a description that says on June New Mexico suspended their programs,

VerDate Mar 15 2010 20:48 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00034 Fmt 4637 Sfmt 0634 E:\2002SENATE\S21MR2.REC S21MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 21, 2002 CONGRESSIONAL RECORD — SENATE S2227 I wonder if they did so primarily be- be mandated in. But they would also be Probably 35. They will be mandated cause they thought suspension was not given an opportunity to come up, as under the bill of the Senator from New in the best interests of the consumers the States in green and the States in Mexico, 10 percent. They are uniform. in their State. I don’t know the reason. red are, with what they believe is a We are giving them a chance to ini- I certainly look forward to an expla- reasonable, attainable renewable man- tiate an initiative based on their own nation from my friend from New Mex- date. recognition of what is responsible, ico if, indeed, there is one relative to Mr. BINGAMAN. Will my colleague what is attainable, what is available. why the State of New Mexico saw fit to yield? We have a terrible inconsistency. suspend it. Mr. MURKOWSKI. I want to make Some States have the convenience— Mr. BINGAMAN. Mr. President, I am one more point before I respond to my and it is very convenient—of the re- glad to respond. friend from New Mexico. newable hydro. But under this pro- Mr. MURKOWSKI. I am happy to A State with a 10-percent mandate, posal, a State with a 20 percent man- yield. they say, on hydro, would now have to date based on hydro would now have to Mr. BINGAMAN. In the case of New also meet an additional 10 percent— also meet an additional 10 percent with Mexico, the renewable portfolio was in- OK? An additional 10 percent, with solar or wind, under the Federal man- cluded in a much larger deregulation something new: solar, wind—whatever, date. The Federal Government is dic- proposal the State adopted before the under the Federal mandate. tating a 10-percent fuel mix, regardless difficulties in California. Once the dif- I think the States ought to take a of the State program. This is ignoring ficulties in California became evident look at this. The Federal Government the State program. with supplies of electricity there, our is dictating a 10-percent fuel mix, re- The Senator from New Mexico says it legislature got concerned and essen- gardless of your State program. is OK if you go above a mandate with tially put on hold and suspended any I am happy to yield for a question. your State program—that’s OK. effect of the entire statute until the Mr. BINGAMAN. Mr. President, let It is one size fits all, 10 percent, year 2006, when they said they would me ask this of my friend: The way I make no mistake about it. look at it again. read his amendment, it says any This one says, if you are a white The renewable portfolio standard, State—this provision does not apply to State, you can initiate a program that which obviously is not in any way re- any retail electric supplier in any meets your needs and makes a con- lated to the issue of deregulation that State that adopts or has adopted a re- tribution. I think that is responsible they were struggling with in Cali- newable portfolio, energy portfolio pro- legislation. I do not think it is gutting fornia, was a casualty of the concern. I gram. the renewable package because if a am not disagreeing with the decision of Am I correct that a State that is one State doesn’t want to do it, it is going our legislature to put off the deregula- of the white States on this map, that to be forced to do it. But the States tion, but I think they made an error in they do not have a program right that have initiated a program, let’s putting off the effort to move toward a now—if they decide to adopt a program honor that. renewable portfolio standard. Clearly, which says instead of going to 10 per- There is nothing magic about 10 per- though, they are counted in what the cent, we will go to one-tenth of 1 per- cent. Where did they get 10 percent? Senator has in mind in his amendment cent by the year 2020—that certainly is Why isn’t it 8 or 9? Why isn’t it 11? as having a program in New Mexico, a renewable portfolio program in every We said it is 10 percent, that is why even though it is suspended until the sense of the word—they would be out it is 10 percent. Some States are saying year 2006. from any other requirements because it should be 6 percent. It should be 5 Mr. MURKOWSKI. Mr. President, I they will have adopted a program, a re- percent. Some States do better than 10 am happy to respond. I will not speak newable portfolio program under his percent. Some States have hydro. Yet with the expertise that obviously my amendment and, therefore, our effort we are not recognizing hydro in this. friend has from his own State, but it is to move them in any meaningful way I suggest Members think a little bit appropriate to recognize they have not to use renewable power would be about this. They are going to have to initiated an action in the sense of most thwarted? Would he agree with that? go home and face not only the rate- of the other 14 States. The Senator Mr. MURKOWSKI. If I may respond, I payers, they are going to have to face from New Mexico indicates Illinois and think we have to make a general ac- their utility commissioners and people Nebraska. I cannot speak for Nebraska, knowledgment that States are respon- are going to say: So one size fits all? obviously; the occupant of the chair sible. Their utility commissions are re- You made a mandate in Washington. can. Clearly, there are some States out sponsible. Their ratepayers are respon- You are going to take away the initia- of the 14 that have initiated the pro- sible. They are going to respond as tive of our own program. gram on their own. That is great. That they see fit to the needs of their people The suggestion that States would act should be encouraged. Texas is cer- as opposed to what the Senator from irresponsibly I find unacceptable. If tainly one. New Mexico is proposing as a man- utility commissioners and those re- There may be a misunderstanding be- date—everything is equal. sponsible for decisions act irrespon- tween the Senator from New Mexico It is not equal. It is not equal in my sibly, they are voted out by the local and myself as to what happens under State. It is not equal in Hawaii. We are process. the current legislation with our not even connected to the continental What does Maine have? Maine has 30 amendment if it prevails relative to United States. Yet there is a mandate percent renewables. They have hydro. the States that are blank on the chart. here. Hawaii has to come across the What about that which comes in from The blank States are the ones in same way as Alaska, the same way as Canada? You can buy power from Can- white. They have to comply with the 10 Iowa. ada. I assume we can buy credits from percent that is in the Bingaman bill. I think to suggest that a State would Canada as well. I think we have ad- They have to mandate, if you will, that be irresponsible is selling short the dressed some in the technical amend- they come up with 10 percent. So they American citizen. ments, that we address the issue of are not left out. This is not a gutting, People are concerned about energy buying credits outside the United by any means, of the crux of Senator sources. They are concerned about pol- States? BINGAMAN’s point. lution. I do not think any State is My friend from New Mexico has indi- We are saying all the rest of those going to stand by for irresponsible ac- cated we are going to, I think, agree to States, more than half the States in tions, or a percentage that would sug- prohibit purchase of credits, say, from the Nation that have not initiated a re- gest an unrealistic contribution to re- the Chinese, who are building the newable program, have to do it. They newables. Three Gorges Dam, or the Canadians. are going to be mandated under the 10- Who are we to stand here and simply These, in my opinion, are significant percent mandate. So do not be misled, mandate that everybody has to be the aspects that have been overlooked in as I think a reference was made, that same? What we have recognized is real- this bill. The reason they were over- somehow we are gutting this provision istic. We said all those States in looked is we have not had an oppor- because we are not. Those States would white—how many of them are left? tunity to go through the committee

VerDate Mar 15 2010 20:48 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00035 Fmt 4637 Sfmt 0634 E:\2002SENATE\S21MR2.REC S21MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2228 CONGRESSIONAL RECORD — SENATE March 21, 2002 process because, as you know, this bill The whole idea is that by the year I remind my colleagues that ordi- came directly to the floor. 2020 we would try to do 10 percent of narily we do not practice dentistry So do not be misled that somehow we their total generation from one or here, and the reference to teeth in the are getting the renewable program. Ev- more of these various sources. bill may have an application. But I erybody gets it, under my amend- We specifically provide in the legisla- have to go back to my firm belief in ment—everybody. The existing States tion that it is up to the States to de- the government being closest to the have to maintain it, whatever they be- cide the right mix. It is up to the indi- people as usually the government that lieve is their level. The States in red vidual utility. The individual utility is most responsive. that are generating an interest in it can decide what the right mix is. We I fail to acknowledge that if we don’t are going to have to, and the rest of are not trying in any way to dictate adopt this mandate, we are somehow them, if they do not do anything, are that. being irresponsible. I think the way we going to have to come under Senator There are some States that have have crafted this second degree is, BINGAMAN’s mandate. stepped up and are doing something again, not by any means an oppor- In my State we have a long winter. useful. Texas is the most successful. tunity for the States to opt out. On the In some areas it is pretty hard to get They have a very credible program. other hand, if they don’t develop a pro- running water, so hydro doesn’t nec- Then-Governor Bush—President Bush gram, they are going to be mandated essarily carry it. We dare not tread on now—signed that into law. It has in. Let there be no mistake about it. ANWR around here because that is sa- moved that State very significantly to- All those States on the chart in white cred. wards the use of renewable resources. I are going to be mandated to meet the Nevertheless, we have a situation think they are being held up as a model 10-percent renewable requirement. that I hope Members and staff will rec- by many experts for what we ought to Talk about teeth in the bill. I think ognize. This is not by any means gut- see around the country. those are teeth. They are saying if the ting. This is a responsible effort to ad- We are not saying everyone has to do States don’t take the initiative to do dress, if you will, the initiatives of as much as Texas. We are saying let us it, you are going to have to do it. States to set their own level. do as much as we have in this amend- The Senator from New Mexico says I yield the floor and retain the re- ment. the majority wants a renewable man- mainder of my time. We have all sorts of flexibility about date. Every State in the Union is going Mr. BINGAMAN. Mr. President, how how they get from here to there. There to be affected and, in effect, mandated much time remains on the two sides? are some States that produce more because those in the white will have to The PRESIDING OFFICER. The Sen- than the 10 percent from renewable re- come up with a program. Those in the ator from Alaska controls 61⁄2 minutes, sources. There are States that have red and green are already initiating the Senator from New Mexico, 23 min- adopted programs that will get them to programs. utes. a higher level than the 10 percent. I think the generalization of my Mr. BINGAMAN. Mr. President, let More power to them. We do not do any- friend from New Mexico is a little mis- me speak for just a few minutes on this thing to discourage that. We want to leading. All States are going to be issue. I don’t believe I will need a full discourage the opportunity for States mandated in one form or another, ei- 22 minutes. Let me put it in context. to essentially give this lip service and ther by the fact that they don’t have a The reason we believe it is important not really do anything. program or the fact that they do have to include in this legislation a renew- We want to encourage the oppor- one. If they want to drop this program, able portfolio standard is that we be- tunity for States to do as Illinois has such as the State of New Mexico did, lieve it is important that the Nation done. Illinois has a great goal. They they are going to be mandated into a have a diverse group of sources—a di- say: We want to be at 5 percent. We program—a 10-percent mandate. verse supply for its energy needs. We want to be at 15 percent. That is won- I hope I am making myself clear. are headed in the future to a situation derful. But they do not have any teeth Some are going to be left out of this. where that diversity is not present to in their bill. Everybody is going to have to have a the extent it should be. New Mexico has a good goal. I cannot renewable program. The only dif- I have shown this chart many times. recall exactly what the goal is. But we ference is, under my proposal the We spent nearly a week on the Kyl just suspended the goal until the year States affected clearly would have amendment. This is essentially the 2006 because of other considerations some flexibility. same issue coming back in another that had nothing to do with the renew- If it is up to the States to decide form. Let me show the chart again. able portfolio standard issue. what the renewable mix should be—I You can see that in the year 2000 we The majority of the Senate favors say if it is up to those States—why not are providing about 69 percent of our having a renewable portfolio standard. let them choose the level of their re- total energy needs from two sources; Let us do it. Let us keep this provision newable? that is, from coal and natural gas. A in the law. Does the Senate believe it knows bet- lot of new generation is under con- The Senator’s amendment would, in ter than the States to do what is cost struction around the country. We have my strong opinion, gut the renewable effective and appropriate given the a lot of new generation that is expected portfolio standard. It says if you have States’ renewable resources? and planned for, and 95 percent of that adopted any other program that you As I have said, the Midwest has wind. new electric generation that is cur- can call a renewable energy portfolio The East may have biomass. The rently planned is planned to be gas program, it doesn’t matter how much Southwest may have solar and geo- fired. It is going to be using more nat- teeth there is in it, or standard. If you thermal. Different levels are cost effec- ural gas. We have a problem with that adopted anything, you are exempt. If tive. in that today we are not producing as you haven’t adopted anything, then As we practice dentistry around here, much natural gas as we are consuming. you need to adopt something in order and recognize that the allegation has The disparity between what we are pro- to be exempt. We are not telling you been made that there is no teeth in ducing and what we are consuming is what it has to be. We are just saying it this, there is teeth in my proposal. going to grow. It is continuing to grow. has so be something. If you adopt any- There is plenty of teeth in it. Nobody We are saying let us hedge our bets thing, you are exempt. has opted out. What I think we have in as a nation. Let us try to encourage That is a gutting of the provision, in this proposal is some false teeth. utilities to develop some renewable en- my opinion. Clearly, that is not what I The PRESIDING OFFICER. The Sen- ergy sources. We give them a wide vari- believe the majority of the Senate ator from Arizona. ety that they can pursue. But do some- wants to do. Mr. KYL. Mr. President, might I in- thing in this regard. We are saying in I strongly oppose the amendment by quire, does the Senator have about 1 the amendment I have at the desk, try the Senator from Alaska. minute I could take? to do 1 percent in the year 2005. That is Mr. MURKOWSKI. Mr. President, I The PRESIDING OFFICER. Two what we have in the bill. Try to do 1.6 wish the occupant of the chair, the minutes are remaining. percent in the year 2006. We have very former Governor, could join us in this Mr. KYL. I would like to take 1 small increments after that. debate. He may have some opinion. minute.

VerDate Mar 15 2010 20:48 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00036 Fmt 4637 Sfmt 0634 E:\2002SENATE\S21MR2.REC S21MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 21, 2002 CONGRESSIONAL RECORD — SENATE S2229 Mr. MURKOWSKI. Go ahead and take would like to do that after him. I Senator from Pennsylvania (Mr. 2. would have to suggest the absence of a SPECTOR), the Senator from Alaska Mr. KYL. I thank the Senator. quorum at this time in order to pre- (Mr. STEVENS), and the Senator from Mr. President, I support the amend- serve his right to speak. South Carolina (Mr. THURMOND), are ment of the Senator from Alaska. The PRESIDING OFFICER. The Sen- necessarily absent. Clearly, those States that have moved ator from Alaska. The PRESIDING OFFICER. Are there forward with the program for renew- Mr. MURKOWSKI. We have had a few any other Senators in the Chamber de- able resources to generate electricity requests for time from Senators who siring to vote? have made a determination over a pe- would like to catch airplanes. The result was announced—yeas 39, riod of time about what they can best Mr. BINGAMAN. I assume time runs nays 57, as follows: do in their particular States and what against me during the quorum call. is in the best interest of their con- The PRESIDING OFFICER. Time [Rollcall Vote No. 58 Leg.] sumers. would run against the Senator. YEAS—39 Mr. MURKOWSKI. Thank you. It seems to me, since they have Akaka Frist McCain taken the trouble to do that, and they The PRESIDING OFFICER. The Allard Gramm McConnell have done a lot of work on it, that it clerk will call the roll. Allen Hagel Miller The bill clerk proceeded to call the Bennett Hatch Murkowski would be wrong for us—at least pre- Bond Helms Nickles mature for us—to come in as the Fed- roll. Mr. BINGAMAN. Mr. President, I ask Bunning Hollings Roberts eral Government and say: No. No. We Burns Hutchinson Santorum know what is best for you. Even though unanimous consent the order for the Campbell Hutchison Sessions Cochran Inhofe Shelby we have not had any hearings, we have quorum call be rescinded. The PRESIDING OFFICER (Mr. Craig Inouye Smith (NH) not had any markup in the committee, Crapo Kyl Thomas AKAKA). Without objection, it is so or- we are doing this all on the floor of the DeWine Lott Thompson dered. Domenici Lugar Warner Senate, we instinctively know what is The Senator from New Mexico is rec- best for your State. That is really a su- ognized. NAYS—57 preme arrogance, even for the U.S. Mr. BINGAMAN. Mr. President, let Baucus Dodd Levin Senate. me be very brief. I will speak for a cou- Bayh Dorgan Lieberman Biden Durbin Lincoln So what the Senator from Alaska is ple minutes and then yield back the re- saying is, look, for those States that Bingaman Edwards Mikulski mainder of our time. I am informed Boxer Ensign Murray have already chosen to do this, let Senator JEFFORDS will not be arriving Breaux Feingold Nelson (FL) them run their programs the way they in time to speak prior to this vote. Brownback Feinstein Nelson (NE) want to, and even for those States that Byrd Fitzgerald Reed Mr. President, I strongly urge Sen- Cantwell Graham Reid chose to do so in the future. ators to oppose this Murkowski amend- Carnahan Grassley Rockefeller This really satisfies the argument ment. It does, in my strong opinion, Carper Gregg Sarbanes Chafee Harkin Schumer that those on the other side have made gut the underlying provision which we that we need to do something—they Cleland Jeffords Smith (OR) have been debating now for the last Clinton Johnson Snowe use the words—‘‘to encourage’’ States several days. Collins Kennedy Stabenow to use renewables. A mandate is a lot The renewable portfolio standard Conrad Kerry Torricelli more than an encouragement, but be Corzine Kohl Voinovich that we have in the amendment I have Daschle Landrieu Wellstone that as it may, for those that have al- sent to the desk requires certain things Dayton Leahy Wyden ready chosen to do it, they have been from utility companies over the next 18 NOT VOTING—4 encouraged. Let’s recognize that and years, between now and the year 2020. acknowledge their programs and accept We all understand that. Enzi Stevens Specter Thurmond them as they are. And, perhaps, for the What the Murkowski amendment rest of the States, our mandatory pro- says is that any utility located in any The amendment (No. 3052) was re- gram will encourage them as well. State that has something else in the jected. They, then, should be allowed to move way of a renewable portfolio program, Mr. BINGAMAN. I move to recon- forward with the programs as they see no matter how weak it is, is exempt sider the vote. fit. from the Federal requirement. It also So given the fact the Kyl amendment Mr. LOTT. I move to lay that motion says that if you are in a State that on the table. was defeated before—and I accept does not have anything, the State can The motion to lay on the table was that—it seems to me this is a very adopt anything, no matter how weak. agreed to. good compromise, in effect, that recog- And then utilities in that State are nizes what the other side wants: to also exempt. So it is very clear that his The PRESIDING OFFICER. The Re- make the States have some kind of a amendment does eliminate any mean- publican leader is recognized. program, but it also provides them ingful mandate on utilities anywhere Mr. LOTT. Mr. President, I see sev- flexibility in recognition of the unique in the country. eral of the interested parties are here, circumstances of their individual I strongly urge Senators to oppose and I do want to propound unanimous States. the Murkowski amendment. It would consent requests on a couple of issues. I think it is a good compromise. I gut our renewable portfolio provision. I had hoped we would be able to reach think the Senator from Alaska should For that reason, I think it should be agreement to move on the debt ceiling be complimented for it. I certainly sup- defeated. before the Senate went out of session. port his amendment and hope others Mr. President, I know of nobody else It appears that we are not going to be will as well. on our side who wishes to speak in op- able to do that. I think we should. The PRESIDING OFFICER. Who position. So I yield back the remainder yields time? Also, I had the impression we were of my time. going to try to do the Andean trade bill Mr. BINGAMAN. Mr. President, how Mr. REID. Mr. President, I ask for before we left. The President is on his much time remains? the yeas and nays. The PRESIDING OFFICER. Seven- The PRESIDING OFFICER. Is there a way to Mexico, and he is going to Peru. teen minutes. sufficient second? The Andean countries feel very strong- Mr. BINGAMAN. All of that is in op- There is a sufficient second. ly about this issue and have said it is position? The question is on agreeing to not only a trade issue, but has become The PRESIDING OFFICER. That is amendment No. 3052. The clerk will a very serious political issue. correct. call the roll. I would like for us to do these two Mr. BINGAMAN. Mr. President, I am The assistant legislative clerk called things, and I will propound unanimous informed that Senator JEFFORDS wants the roll. consent requests on both. Is there a to speak in opposition. I also want to Mr. NICKLES. I announce that the preference as to which one I do first? I speak for another couple minutes, but I Senator from Wyoming (Mr. ENZI), the will propound the Andean request first.

VerDate Mar 15 2010 20:48 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00037 Fmt 4637 Sfmt 0634 E:\2002SENATE\S21MR2.REC S21MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2230 CONGRESSIONAL RECORD — SENATE March 21, 2002 UNANIMOUS CONSENT REQUESTS— Andean trade but TPA and border secu- we return on April 8 we will give atten- H.R. 3009, S. 517 and H.R. 6 rity as well. tion to this matter so we can send the Mr. LOTT. Mr. President, I ask unan- Mr. LOTT. Let me assure Senator strongest possible signal to these be- imous consent that the Senate proceed DASCHLE, under my reservation, I leaguered countries that we understand to the consideration of Calendar No. would like for us to get a vote on their need and that we want to be a 295, H.R. 3009, the Andean trade legisla- ANWR included in the energy bill and partner in their resolution. tion; further, I ask unanimous consent move to completion of the energy bill I urge our leadership to give priority that the committee amendment be as soon as possible thereafter, too. Be- attention to this issue at the earliest agreed to, the bill be read a third time yond that, I have urged the manager of possible time. this legislation, on our side of the and passed, with the motion to recon- The PRESIDING OFFICER. The Sen- sider laid upon the table; finally, I ask aisle, to move to the ANWR issue as early as possible when we come back. I ator from South Carolina. unanimous consent that the Senate in- Mr. HOLLINGS. Mr. President, right sist on its amendment, request a con- hope that would be, hopefully, even Tuesday, but of course we will have to to the point on Andean trade, we have ference with the House, and the Chair supported it and we have indicated, of be authorized to appoint conferees on dispose of a couple of pending issues be- cause we do not want that to still be course, to the administration we would the part of the Senate. go along with an extension. However, The PRESIDING OFFICER. Is there pending at the end of the week. We we have given at the office, as the say- objection? would like to finish the energy bill the Mr. HOLLINGS. I object. week we come back because I know we ing goes. I have lost 50,900 textile jobs Mr. DASCHLE. Reserving the right need to go to the budget resolution and since NAFTA, and I am wondering to object. the trade bill. about these people talking of morality, The PRESIDING OFFICER. The ma- My encouragement to the managers if they would be glad to accept my jority leader is recognized. is we do ANWR earlier in the week so amendment to include Brazil and or- Mr. LOTT. The majority leader is we can then do the tax provision ange juice. Wouldn’t that be immoral? recognized under a reservation? which, I presume, would be last, and we I have another moral for a motion on Mr. HOLLINGS. I object. would be prepared to go to the final the Andean pact, and that is to get a Mr. LOTT. Mr. President, will the passage of the bill. little beef and wheat to Argentina; Senator from South Carolina withhold? At this time I object to that addi- they are in desperate circumstances. The PRESIDING OFFICER. The ma- tion. Morally, under the good neighbor pol- jority leader is recognized. The PRESIDING OFFICER. The ob- icy of Franklin D. Roosevelt, we Demo- Mr. DASCHLE. Mr. President, I wish jection is heard. crats ought to be morally committed to point out that Senator LOTT and I Mr. LOTT. I objected to the request to beef and wheat to Argentina. have talked about this matter on a with regard to ANWR. We have all kinds of amendments we number of occasions. I share his strong Now, did Senator GRAHAM want to can present. My point is, this country desire to complete our work on Andean speak on the Andean trade issue, or has lost its manufacturing capacity. trade. We will do so. will he speak on it after the reserva- I have also indicated a desire, and I tions? That goes right to the heart of the know it is a desire held on both sides of Mr. HOLLINGS. After the objection. economy and the recovery from the re- the aisle, to finish the energy bill. It Mr. LOTT. After the objection? cession. Under the Marshall plan, yes, would be my hope we could move to Mr. HOLLINGS. Right. we sent over our technology and exper- Mr. LOTT. That would be fine. tise. It worked. Capitalism conquered many of these other pressing legisla- Mr. HOLLINGS. I object. tive priorities as soon as we finish en- communism. However, there comes a Mr. LOTT. The Senator from South time to face reality and that is that ergy. Carolina objects? We had agreed to take up and finish there is no such thing as free trade. We Mr. HOLLINGS. I do. have the enemy within—the Business our energy responsibilities, and that is Mr. LOTT. I want to make sure. what we are doing. We have been on Roundtable. Boy, I have gotten awards There are others who might object as from them. But what has happened the bill now for 13 days, as my col- did the Senator from South Carolina so leagues will note. There is one item over the years is they have moved their the record is complete. production. that may keep us from reaching some The PRESIDING OFFICER. The Sen- agreement in the near future, and that ator from Florida is recognized. I would like to print in the RECORD is the ANWR amendment. We have Mr. GRAHAM. Mr. President, I ap- about Jack Welch squeezing the lemon. been attempting to get some under- preciate the minority leader’s efforts He said on December 6, 2000, the year standing about how we might resolve to get unanimous consent to consider before last, squeeze the lemon. He said the issue relating to ANWR. So I ask the Andean Trade Preference Act, General Electric was not going to serve unanimous consent that on Monday, which I consider to be a matter of not or contract with any supplier that April 8, at 2 p.m., the Senate resume only urgency but also a matter of na- didn’t move to Mexico. consideration of S. 517; that Senator tional moral responsibility for the So we have an affirmative action MURKOWSKI be immediately recognized United States. plan to get the jobs. Then comes free to offer his amendment relating to For 10 years, we had a special rela- trade, promotes jobs. ANWR; that the amendment be debated tionship between this country and four The gentleman Welch is squeezing Monday and Tuesday; and that the countries in Latin America: Ecuador, something else. That is not a problem. Senate file cloture on his amendment Peru, Bolivia, and, primarily because I don’t think we are going to handle Monday; that if cloture is not invoked of its size, Colombia. All of those coun- that tonight. on the amendment, then the amend- tries now are in various forms of threat ment would be withdrawn and no fur- to their sovereignty, to their democ- Let’s now get on with what we are ther amendments relating to drilling in racy, and to their economic well-being. morally committed to on the idea of ANWR be in order. The United States, at this time of trade. I am morally committed to the If the Republican leader could agree need, I believe, is morally obligated to economic strength of this country. to this, then I think we would be in a reach out to our good neighbors in the Mr. HELMS. Mr. President, I do not position to move very quickly, as soon hemisphere through the adoption of relish questioning legislation that the as we finish our work on ANWR and on this legislation, which would essen- President and the distinguished Repub- energy, on this and other matters. tially extend what we have done for 10 lican leader are seeking to move Mr. LOTT. Reserving the right to ob- years, a very successful relationship on through the Senate, but I feel obliged ject to that additional request, the re- both sides, and modernize and bring it to make sure that the RECORD reflects quest would not include the UC with up to the same standards we have al- that I am genuinely opposed to the re- regard to Andean trade; it would be ready provided to the countries of the quest to move to the Andean trade bill strictly with regard to ANWR? Caribbean Basin. because I am committed to standing up Mr. DASCHLE. This would allow us Since we are not going to be dealing for the men and women from North to complete our work on ANWR and on with this issue tonight, I hope we will Carolina who earn their living in the energy so we could move to not only make a commitment that early after textile industry.

VerDate Mar 15 2010 20:48 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00038 Fmt 4637 Sfmt 0634 E:\2002SENATE\S21MR2.REC S21MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 21, 2002 CONGRESSIONAL RECORD — SENATE S2231 Time and again, these good citizens Rudman-Hollings law unconstitutional, Mr. KYL. I ask unanimous consent have been asked to sacrifice their live- then Congress added the reaffirmation reading of the amendment be dispensed lihoods for the sake of textile trade lib- of the Gramm-Rudman-Hollings law to with. eralization. In 2001, the textile and ap- the debt limit. Then in 1990, Congress The PRESIDING OFFICER. Without parel sector lost almost 141,000 domes- enacted the Budget Enforcement Act in objection, it is so ordered. tic jobs. In North Carolina alone, more the same legislation with an increase The amendment is as follows: than 20,000 jobs were lost last year. The in the debt limit. On page 9 after line 7 insert: steady erosion of the manufacturing There is a logical link between the ‘‘(n) PROTECTION OF CONSUMERS.—Upon cer- base in North Carolina is creating a debt limit issue and controlling of defi- tification by the Governor of a State to the genuine crisis, both for the men and cits. I think the Senate should only Secretary of Energy that the application of women who are out of work, and the vote to raise the debt limit if it is the Federal renewable portfolio standard would adversely affect consumers in such communities which depend on a linked with reforms to prevent the State, the requirements of this section shall healthy domestic textile industry. need for future debt limit increases, not apply to retail electric sellers in such The so-called Andean Trade Pref- and I hope that when we return to this State. Such suspension shall continue until erences Act proposes to unilaterally issue there is an opportunity for an certification by the Governor of the State to allow duty-free imports of apparel amendment with a limited time agree- the Secretary of Energy that consumers in products from the Andean region. This ment so we can perhaps address this such State would no longer be adversely af- legislation will exacerbate the prob- important matter. fected by the application of the provisions of lems facing our communities rather The PRESIDING OFFICER. The ma- this section.’’ than assisting our industries and work- jority leader is recognized. Mr. KYL. I will take a couple of min- ers. Mr. DASCHLE. Mr. President, I hope utes to explain this amendment. It is Mr. President, with all respect, I do everybody realizes this was an exercise very straightforward. Since we have not believe the Senate should proceed without any real value because the been through the debate, we do not to the Andean trade bill, and I, there- House went out last night. Even if we have to have a great deal more. We fore, feel obliged to oppose the leader’s had passed it tonight, there is no pros- have tried twice, once myself and once request. pect for the House to take this legisla- Senator MURKOWSKI, to give the States Mr. LOTT. One other issue. I really tion up until after they come back in 2 more authority to deal with the prob- am bothered by the fact we are going weeks. We have been waiting for the lem of renewable energy. Both of our to be leaving town and have not ex- House to give us some indication as to amendments have been rejected. We ac- tended the debt ceiling. The Treasury the size of the debt limit increase they cept that. Department has indicated they may or support and some understanding of This amendment is one last attempt likely will have to take action around what they will do. We have yet to hear to preserve some semblance of ability April 1 to deal with the fact that the what the House plans are with regard by the States to protect their electric debt ceiling may have been reached, to the debt limit. consumers in the event the costs of and that they would do a number of The last I heard is they were having this Federal mandate program should things, as other administrations have some difficulty in reaching agreement, be too great and allows, therefore, the done, possibly even dip into the pen- and because they have not reached an Governor to opt out or waive the provi- sion fund to carry us over. agreement, they do not have the votes sions of the program in that one even- Senator DASCHLE and I talked about to increase the debt under any condi- tuality. the need to move this before we left, to tions at this point. There is some indi- From the Energy Information Ad- move it clean and move it for a year, cation now they are planning to offer ministration of the Department of En- but we have not been able to get that the debt limit increase as an amend- ergy, we have an account of every sin- cleared. I think the Senate would look ment to the supplemental, but the sup- gle utility in the country in every sin- much better, and it would have been a plemental has yet to be presented to gle State, by State, showing exactly wise thing for us to do to move the the Congress. So we do not have a sup- what this Federal mandate in the debt ceiling extension. plemental. We do not have any indica- Bingaman provision is expected to cost I ask unanimous consent that the tion from the House as to what their retail consumers. It averages around a Senate now proceed to the consider- intentions are with regard to the size 4-, 5-, 6-percent per year increase, but ation of Calendar No. 168, H.R. 6, and or the timeframe within which the debt it varies from region to region and util- that all after the enacting clause be will be considered and extended. So ity to utility. stricken; further I ask that the text of even if we did take up the debt limit The point is, when customers begin a Senate bill which is at the desk, tonight, as I wish we could do as well, to feel the pinch of the Federal man- which is in the debt limit extension, be unfortunately we are still going to date in the Bingaman amendment, inserted in lieu thereof; further I ask have to wait until after the House acts they will ask you or your Governors is that the bill be read a third time and on the legislation for us to be able to there anything they can do. My amend- passed, with a motion to reconsider complete our work. ment says, yes, the Governor would laid upon the table. So I do hope when we come back we have the ability in that event to waive The PRESIDING OFFICER. Is there can work in a bipartisan manner and the provisions of the Federal mandate, objection? send clean legislation either to the if he finds those provisions are ad- Mr. HOLLINGS. I object. House or wait for the House to send versely affecting the retail customers The PRESIDING OFFICER. Objec- similar legislation to us. of the State. tion is heard. I yield the floor. These figures may not be accurate. If Mr. LOTT. I yield the floor. f that is the case, fine. But if these fig- The PRESIDING OFFICER. The Sen- ures are accurate, I suspect your con- ator from Wisconsin. NATIONAL LABORATORIES PART- stituents, your voters, your retail elec- Mr. FEINGOLD. Mr. President, with NERSHIP IMPROVEMENT ACT OF tric customers, are going to want some regard to the last request and the ob- 2001—Continued relief. jection, I want to indicate that I, too, The PRESIDING OFFICER. The Sen- This is the last liferaft, folks. We would have objected. Congress has had ator from Arizona is recognized. have been defeated on everything else. a long tradition of linking the budget AMENDMENT NO. 3057 TO AMENDMENT NO. 3016 This is at least a liferaft that provides process reform to increases in the stat- Mr. KYL. Mr. President, I have an some ability of the program to be utory limit on Government debt. Obvi- amendment at the desk numbered 3057. waived so it would not adversely affect ously, no one knows this better than The PRESIDING OFFICER. The them. I ask my colleagues to consider the Senator from Texas when in 1985 clerk will report. not the utilities in your State; what we Congress enacted the Gramm-Rudman- The assistant legislative clerk read are saying is, if it should transpire that Hollings law as an amendment to the as follows: the Bingaman amendment adversely debt limit bill, and in 1987, after the The Senator from Arizona [Mr. KYL] pro- affects people, shouldn’t we have some Supreme Court ruled the first Gramm- poses an amendment numbered 3057. kind of escape valve, some ability for

VerDate Mar 15 2010 20:48 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00039 Fmt 4637 Sfmt 0634 E:\2002SENATE\S21MR2.REC S21MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2232 CONGRESSIONAL RECORD — SENATE March 21, 2002 the Governor to say: We are going to Mr. BINGAMAN. I yield 3 minutes to This will be the third time we have opt out until the situation transpires the Senator from Vermont. had essentially the same vote: The Kyl in a better way for the people of our Mr. JEFFORDS. Mr. President, one amendment earlier this morning, and State, for our electric customers. That would hope we would not have to con- then the vote we just had on the Mur- is what this amendment does. I hope tinue with the barrage of amendments kowski amendment, and now this one. my colleagues will support it. that attempt to deprive the American This amendment says that although we The PRESIDING OFFICER. The Sen- public access for increased renewable have a renewable portfolio standard, ator from Virginia. resources. Make no mistake, the Amer- the majority of the Senate has agreed Mr. ALLEN. Mr. President, I would ican public has made it very clear they that makes sense, any Governor who like to ask a question of the Senator support renewable energy. Poll after doesn’t agree with it can take his State from Arizona on the renewable energy poll indicates the overwhelming major- out. He can sign a certification saying matter. I was looking at the informa- ity of Americans support requiring in his opinion—— tion he has provide and saw that under utilities to produce electricity from re- The PRESIDING OFFICER. The Sen- the Bingaman provision electricity newable energy resources. ate will be in order. bills in Virginia would increase by 5.5 Americans want clean energy. They Mr. BINGAMAN. The point I was percent on average—some, for example want technology that leaves the air making is this amendment would es- at Virginia Power, would go up by 4.8 clean, that does not contribute to lung sentially give Governors the option of percent. cancer, that does not sicken their chil- taking their State out of this program Having served previously as Governor dren. They want to diversify or domes- by signing a certification to the effect of Virginia, we would take a bunch of businesspeople up to New York City. tically produce energy to buffer that in their opinion this adversely af- We called it a report to top manage- against price instability, and to lessen fects folks in their State. ment. We talked about the attributes the vulnerability of our energy infra- The reality is the majority of the of coming to Virginia and locating structure through terrorist attack. Senate has expressed their view. The businesses in our State. We talked But we have yet another amendment majority of the Senate has indicated about taxes, right-to-work laws, and that would weaken efforts to encourage they believe putting a reasonable re- regulations. But a key factor was the production of renewable energy. This newable portfolio standard in the law cost of electricity. Virginia’s elec- amendment allows a State to opt out makes sense and this proposal does tricity costs are generally lower than of the energy program at any time the that in a gradual, moderate way. those of the national average. Governors certify it would adversely I think it would be a terrible mistake A Governor heads up economic devel- affect the consumers of the State. for us at this point to totally gut that opment efforts. Do I understand your Clearly, this is no standard at all. provision, as the Kyl amendment would amendment correctly that a Governor First, a certification that something do. Anyone who voted against the Kyl who knows how to attract more jobs ‘‘may adversely affect’’ consumers is amendment earlier today should op- into a State, as that usually is a pri- pretty close to being as loose a statu- pose this amendment as well. Anyone ority for a Governor, if he or she saw tory requirement as anyone can craft. who voted against the Murkowski this was harmful for creating jobs in The obvious effect is to allow States to amendment just now should vote his or her State, could waive out of opt out, leaving a piecemeal and unpre- against this amendment as well. this Federal mandate if it was harming dictable program. I am advised there may be others the competitiveness of the State and As I said before, one of the over- wishing to speak, so I reserve the re- businesses? arching benefits of the Federal renew- mainder of my time. Mr. KYL. Mr. President, the only able energy standard is that it encour- The PRESIDING OFFICER. The Sen- way a Governor could waive the provi- ages regional generation and distribu- ator from Alaska is recognized. sions with respect to his State would tion of renewable energy. State provi- Mr. MURKOWSKI. Mr. President, I be if he found that the renewable port- sions often limit credit to renewable have had several of my colleagues say folio standard would adversely affect energy generated within the States. A don’t worry, this is a green vote; it will consumers in his State. So he would Federal standard encourages utilities be dropped in conference. have to find it is adversely affecting to meet these renewable energy re- Let me tell you what we have done the retail electric consumers in his quirements by purchasing and selling here. We have excluded the right of State for him to be able to waive the renewable energy beyond State bound- States to have a choice. We have man- mandated provisions of the Bingaman aries. dated that one size fits all. proposal. This recognizes a reality that our As this chart shows, under the pre- Mr. ALLEN. I thank the Senator. electricity generation is in fact re- vious vote we just completed, we were In view of this, we ought to trust the gional in nature, with customers in going to give recognition to the States people in the States. The Governors California using energy provided from that addressed the initiative of coming can determine whether this is ad- New Mexico, and a variety of New Eng- up with renewables. But what we were versely affecting their consumers and land States receiving their power from going to do was force the others that the ability of their citizens to get good New York. Exempting States on a had not to perform under the 10-per- jobs. The definition of consumers is not piecemeal basis serves to significantly cent mandate. restricted just to individuals. They are weaken the regional application of a The idea of the Senator from Ari- also business enterprises. We ought to nationwide standard. A national stand- zona, to give the Governor some discre- trust the people in the States who have ard must be uniformly applied to be ef- tion, I think is responsible legislation. the same concerns as everyone in this fective. Why should we sit here and mandate body to make this determination as to When the American public says they that one size fits all? The States know how it may affect their respective want laws supporting renewable en- what is best for them, and we should States. I urge my colleagues to support the ergy, they do not mean sham laws that, concur with that and recognize, indeed, amendment of the Senator from Ari- on their face, are going to do nothing. that they have their own best interests zona. We have already spoken at length at heart and they are responsible peo- Mr. KYL. I ask unanimous consent about all the reasons we need it. We ple. They are elected just as we are. Senator HELMS be listed as a cospon- have mentioned the health benefits, et I yield the remainder of my time. sor. cetera, so I am not going to spend any The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Without more time doing that, other than to ator from Texas is recognized. objection, it is so ordered. say this amendment should be de- Mr. GRAMM. Mr. President, I was Who yields time? feated. struck in listening to our dear col- Mr. BINGAMAN. How much time re- I yield the floor. league from Vermont tell us about how mains? Mr. BINGAMAN. Let me speak brief- many people are for this renewable en- The PRESIDING OFFICER. The Sen- ly, and I will yield the remainder of my ergy and what a strong base of support ator has 10 minutes and there are 4 time, and I hope the Senator from Ari- there is for it. I guess the logical ques- minutes on the side of the opponent. zona will as well. tion is: If everybody is for it, why are

VerDate Mar 15 2010 20:48 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00040 Fmt 4637 Sfmt 0634 E:\2002SENATE\S21MR2.REC S21MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 21, 2002 CONGRESSIONAL RECORD — SENATE S2233 we making them do it? If everybody is NAYS—58 that any comprehensive energy legisla- for it, why would any Governor opt his Akaka Dorgan Lieberman tion significantly boost the use of elec- State out when he has to stand for re- Baucus Durbin Lincoln tricity produced from clean resources Bayh Edwards Mikulski such as biomass, wind, geothermal, and election? Biden Ensign Murray solar energy. I support a significant re- The problem is, not everybody is for Bingaman Feingold Nelson (FL) it and the costs may be—in some Boxer Feinstein Nelson (NE) newable portfolio standard, which re- States and under some circumstances— Breaux Fitzgerald Reed quires electricity suppliers to sell elec- Brownback Graham Reid tricity that has a minimum amount of prohibitive. So I urge people, take into Byrd Grassley Rockefeller Cantwell Gregg renewable energy. account that things in your State may Sarbanes align in such a way that you would Carnahan Harkin Promoting our renewable energy re- Carper Inouye Schumer sources will help diversify our energy want the option, under those cir- Smith (OR) Chafee Jeffords supplies, increase our energy security, cumstances, to opt out. On that basis, Clinton Johnson Snowe Specter and reduce pollution. It will move us I urge people to please vote for the Kyl Collins Kennedy Conrad Kerry Stabenow one step closer to a cleaner energy fu- amendment. Corzine Kohl Torricelli ture that reduces our reliance on fossil The PRESIDING OFFICER. The ma- Daschle Landrieu Wellstone fuels. jority leader. Dayton Leahy Wyden Dodd Levin States are leading the way in dem- Mr. DASCHLE. Mr. President, as I onstrating the benefits of clean energy NOT VOTING—5 understand it, all time has expired on standards. Twelve States, including Ar- the Republican side. I think we are pre- Enzi Stevens Voinovich izona, Connecticut, Iowa, Maine, Mas- Hutchison Thurmond pared to yield back the remainder of sachusetts, Minnesota, Nevada, New our time. The amendment (No. 3057) was re- Jersey, New Mexico, Pennsylvania, The PRESIDING OFFICER. There is jected. Texas, and Wisconsin, have already Mr. BINGAMAN. Mr. President, I 2 minutes remaining. adopted a renewable portfolio standard. move to reconsider the vote. A national RPS will complement and Mr. DASCHLE. I will say, this will be Mr. MURKOWSKI. I move to lay that enhance the groundbreaking efforts by the final vote for tonight. There will motion on the table. not be any votes tomorrow. But I do The motion to lay on the table was these states and will provide particular hope we can come back in 2 weeks, and agreed to. benefits to hard-pressed agricultural and rural areas. Perhaps most impor- we are all going to help finish this bill AMENDMENT NO. 3058 TO AMENDMENT NO. 3016 tant, a national RPS would create a on time; right? The week we get back. Mr. BINGAMAN. Mr. President, new and vibrant national market With that understanding, there will under the unanimous consent, I believe across all states, and help to maintain be no votes tomorrow, and the first the Senator from Maine now is in order America’s international leadership in vote will be on Tuesday, the second day to offer her amendment which is an these energy technologies of the fu- of the week we come back. agreed-to amendment. The PRESIDING OFFICER. The Sen- ture. I yield the floor. I commend the efforts to develop re- ator is correct. The Senator from Mr. GRAMM. Let no one say the final newable energy in my home State of action before the recess is not bipar- Maine. Ms. COLLINS. Mr. President, on be- Maine. Maine has been a leader in de- tisan. veloping renewable energy. In fact, half of myself and Senator SNOWE, I Mr. MURKOWSKI. We yield back the send an amendment to the desk. Maine has enacted a state-wide renew- remainder of our time. The PRESIDING OFFICER. The able portfolio standard of 30 percent. Mr. BINGAMAN. We yield our time. clerk will report. No other State has adopted as high a Mr. REID. Mr. President, I ask for The legislative clerk read as follows: standard as Maine. Even though I am emphatically in the yeas and nays. The Senator from Maine [Ms. COLLINS], for favor of increasing renewable energy The PRESIDING OFFICER. Is there a herself and Ms. SNOWE, proposes an amend- ment numbered 3058 to amendment No. 3016. production, we must do so in a fair and sufficient second? equitable way. The proposal before us, There is a sufficient second. Ms. COLLINS. Mr. President, I ask unanimous consent that reading of the offered by my friend from New Mexico, The question is on agreeing to amendment be dispensed with. Senator BINGAMAN, unfairly discrimi- amendment No. 3057. The PRESIDING OFFICER. Without nates against existing renewable en- The clerk will call the roll. objection, it is so ordered. ergy resources. Unfortunately, the Sen- The legislative clerk called the roll. The amendment is as follows: ator from New Mexico has drafted leg- islation that does not properly give Mr. NICKLES. I announce that the (Purpose: To clarify the definition of Senator from Wyoming (Mr. ENZI), the ‘‘repowering or cofiring increment’’) credit to existing renewable energy production. Senator from Texas (Mrs. HUTCHISON), On page 8, line 15, delete the period and Why should we discriminate against the Senator from Alaska (Mr. STE- add ‘‘, or the additional generation above the States which have been proactive and VENS), the Senator from South Caro- average generation in the three years pre- invested heavily in renewable energy? I lina (Mr. THURMOND), and the Senator ceding the date of enactment of this section, to expand electricity production at a facility know my home State of Maine, as well from Ohio (Mr. VOINOVICH) are nec- used to generate electric energy from a re- as California and a number of other essarily absent. newable energy resource or to cofire biomass States, have invested huge resources The PRESIDING OFFICER (Mr. DAY- that was placed in service before the date of into developing our renewable energy TON). Are there any other Senators in enactment of this section.’’ resources. These States have developed the Chamber desiring to vote? Ms. COLLINS. Mr. President, I rise new technologies and set an example The result was announced—yeas 37, to offer an amendment that recognizes for other States to follow. Let’s not pe- nays 58, as follows: the value of America’s existing renew- nalize those States which have worked [Rollcall Vote No. 59 Leg.] able energy resources. The Bingaman to develop our renewable energy indus- amendment does not give credit to ex- YEAS—37 try from the ground up. isting renewable energy facilities. I be- Ideally, every existing renewable en- Allard Frist Miller lieve a facility should receive credit at ergy resource should receive full cred- Allen Gramm Murkowski Bennett Hagel Nickles least for new renewable energy genera- it. I would like to see existing renew- Bond Hatch Roberts tion that is higher than the facility’s able energy resources receive 100% Bunning Helms Santorum average generation over the previous credit. Doing so would help bring our Burns Hollings Sessions Campbell Hutchinson three years. My amendment would total renewable energy generation to a Shelby higher level at less cost. Under the Cleland Inhofe Smith (NH) allow existing facilities to receive cred- Cochran Kyl Thomas it for increased generation of renew- Bingaman approach, existing renew- Craig Lott Thompson able energy resources will find them- Crapo Lugar able energy. Warner DeWine McCain I support increasing our use of renew- selves in an unfair competitive envi- Domenici McConnell able energy. I believe it is important ronment with new renewable energy

VerDate Mar 15 2010 20:48 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00041 Fmt 4637 Sfmt 0634 E:\2002SENATE\S21MR2.REC S21MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2234 CONGRESSIONAL RECORD — SENATE March 21, 2002 sources. Existing renewable energy fa- The motion to lay on the table was (300mm) traffic signal indication, consisting cilities will shut down, and new ones agreed to. of a light source, a lens, and all other parts necessary for operation, that communicates will be built next door. That is a poor AMENDMENT NO. 3016, AS AMENDED use of resources. It will cost more movement messages to drivers through red, Mr. BINGAMAN. Mr. President, I be- amber, and green colors.’’ money and raise electricity prices. lieve the next item under the unani- AMENDMENT NO. 3063 Wouldn’t it be better if States could mous consent agreement is a vote on form partnerships with each other to (Purpose: To provide test procedures for the Bingaman amendment. traffic lights) develop renewable energy resources in The PRESIDING OFFICER. The Sen- the most cost efficient manner pos- ator is correct. The question is on On page 289, after line 21, insert the fol- sible? Surely we should allow States lowing: agreeing to amendment No. 3016, as ‘‘(11) Test procedures for traffic signal which don’t have a lot of existing re- amended. Without objection, the modules shall be based on the test method newable resources to save money by amendment, as amended, is agreed to. used under the Energy Star program of the buying inexpensive, existing credits The amendment (No. 3016), as amend- Environmental Protection Agency for traffic from other States. ed, was agreed to. signal modules, as in effect on the date of en- I am offering this amendment that VITIATION OF ACTION—AMENDMENT NO. 2996 actment of this paragraph.’’ would provide at least partial recogni- Mr. BINGAMAN. Mr. President, last AMENDMENT NO. 3064 tion of those hard working Americans week the Senate adopted an amend- who have built our existing renewable (Purpose: To establish an efficiency standard ment by Senators MURKOWSKI and energy resources. I would like to see all for traffic lights) DASCHLE relating to rural and remote existing renewable energy resources in- community grants. There were a num- On page 301, after line 5, insert the fol- cluded in this standard. However, my lowing: ber of inadvertent errors in the amend- amendment does not go that far in an ‘‘(z) TRAFFIC SIGNAL MODULES.—Traffic sig- ment as adopted. Accordingly, I ask attempt to accommodate Senator nal modules manufactured on or after Janu- unanimous consent that the adoption BINGAMAN. ary 1, 2006 shall meet the performance re- My amendment merely says that in- of amendment No. 2996 be vitiated. quirements used under the Energy Star pro- creased output at existing renewable The PRESIDING OFFICER. Without gram of the Environmental Protection Agen- objection, it is so ordered. cy for traffic signals, as in effect on the date energy facilities should be counted. If of enactment of this paragraph, and shall be an existing renewable energy facility AMENDMENTS NOS. 3059 THROUGH 3069 EN BLOC TO AMENDMENT NO. 2917 installed with compatible, electrically-con- were to increase its renewable energy nected signal control interface devices and output by 50%, then under my amend- Mr. BINGAMAN. Mr. President, you conflict monitoring systems.’’ have at the desk 11 amendments. I ask ment that facility would receive credit AMENDMENT NO. 3065 for their immediate consideration en for that 50% increase. Thus, consistent (Purpose: To clarify those entities eligible to with the interest of Senator BINGA- bloc. The PRESIDING OFFICER. Without participate in the Renewable Energy Pro- MAN’s proposal, my amendment only duction Incentive program) gives credit to new renewable energy objection, it is so ordered. The clerk will report. On page 60, line 20–23, strike ‘‘an elec- production. tricity-generating cooperative exempt from Those who have developed America’s The legislative clerk read as follows: taxation under section 501(c)(12) or section existing renewable energy resources The Senator from New Mexico [Mr. BINGA- 1381(a)(2)(C) of the Internal Revenue Code of should have their efforts recognized. At MAN], for himself and Mr. MURKOWSKI, pro- 1986’’ and inserting ‘‘a nonprofit electrical a minimum, I hope my colleagues will poses amendments en bloc numbered 3059 cooperative’’. through 3069 to Amendment No. 2917. at least join me in giving these hard AMENDMENT NO. 3066 working Americans who have led the Mr. BINGAMAN. Mr. President, I ask (Purpose: To insert provisions relating to way on renewables partial credit. I ask unanimous consent that reading of the electric energy) my colleagues to join me in supporting amendments be dispensed with. On page 407, line 4, after ‘‘including’’, in- this amendment. The PRESIDING OFFICER. Without sert ‘‘flexible alternating current trans- To reiterate, my amendment merely objection, it is so ordered. mission systems,’’. says that increased output at an exist- The amendments (Nos. 3059 through AMENDMENT NO. 3067 3069) are as follows: ing renewable energy facility should be (Purpose: To include geothermal heat pump counted under this bill. If an existing AMENDMENT NO. 3059 efficiency among the technologies to be re- renewable energy facility were to in- (Purpose: To authorize rural and remote viewed under section 1701 of the bill) crease its renewable energy output by community electrification grants) On page 568, line 20, insert ‘‘geothermal 50 percent, then under my amendment (The text of the amendment is print- heat pump technology,’’ before ‘‘and energy that facility would receive credit for ed in today’s RECORD under ‘‘Text of recovery’’. that 50-percent increase. Thus, I be- Amendments.’’) AMENDMENT NO. 3068 lieve it is consistent with the intent of AMENDMENT NO. 3060 (Purpose: To provide for the updating of in- Senator BINGAMAN’s proposal in that it (Purpose: To strike section 264) sular area renewable energy and energy ef- ficiency plans) gives credit to expand renewable en- On page 65, strike line 18 and all that fol- ergy production. lows through page 67, line 4. On page 574, following line 11, insert the I ask for consideration of the amend- following: ment, and I thank both Senator BINGA- AMENDMENT NO. 3061 SEC. 1704. UPDATING OF INSULAR AREA RENEW- MAN and Senator MURKOWSKI for their (Purpose: To permit the Department of En- ABLE ENERGY AND ENERGY EFFI- CIENCY PLANS. ergy to transfer uranium-bearing materials assistance in this matter. Section 604 of Public Law 96–597 (48 U.S.C. to uranium mills for recycling) The PRESIDING OFFICER. Who 1492) is amended— yields time? On page 121, line 24, strike ‘‘and’’ and all (1) in subsection (a) at the end of para- Mr. BINGAMAN. Mr. President, the that follows through page 122, line 2 and in- graph (4) by striking ‘‘resources’’ and insert- amendment is acceptable on this side. sert: ing ‘‘resources’’ and Mr. MURKOWSKI. It is cleared on ‘‘(5) to any person for national security ‘‘(5) the development of renewable energy this side, Mr. President. purposes, as determined by the Secretary; and energy efficiency technologies since pub- The PRESIDING OFFICER. If all and lication of the 1982 Territorial Energy As- time is yielded back, the question is on ‘‘(6) to a uranium mill licensed by the sessment prepared under subsection (c) re- Commission for the purpose of recycling ura- veals the need to reassess the state of energy agreeing to amendment No. 3058. With- nium-bearing material.’’. out objection, the amendment is agreed production, consumption, efficiency, infra- structure, reliance on imported energy, and to. AMENDMENT NO. 3062 potential of the indigenous renewable energy The amendment (No. 3058) was agreed (Purpose: To define the term ‘traffic signal resources and energy efficiency in regard to to. module’) the insular areas.’’; and Mr. BINGAMAN. Mr. President, I On page 289, after line 4, insert the fol- (2) by adding at the end of subsection (e) move to reconsider the vote. lowing: ‘‘The Secretary of Energy, in consultation Mr. MURKOWSKI. I move to lay that ‘‘(41) The term ‘traffic signal module’ with the Secretary of the Interior and the motion on the table. means a standard 8-inch (200mm) or 12-inch chief executive officer of each insular area,

VerDate Mar 15 2010 20:48 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00042 Fmt 4637 Sfmt 0634 E:\2002SENATE\S21MR2.REC S21MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 21, 2002 CONGRESSIONAL RECORD — SENATE S2235 shall update the plans required under sub- discussions with all the interested par- Mr. MURKOWSKI. I move to lay that section (c) and draft long-term energy plans ties in an attempt to come up with lan- motion on the table. for each insular area that will reduce, to the guage that would remove as many bar- The motion to lay on the table was extent feasible, the reliance of the insular riers as possible standing in the way of agreed to. area on energy imports by the year 2010, and AMENDMENT NO. 3023 maximize, to the extent feasible, use of re- constructing this project. newable energy resources and energy effi- The amendment that Senator BINGA- Mr. BINGAMAN. Mr. President, I ciency opportunities. Not later than Decem- MAN and I are offering today accom- have two other amendments that are ber 31, 2002, the Secretary of Energy shall plishes this goal. at the desk at this moment. Amend- submit the updated plans to Congress.’’. I believe both the interest of Alaska ment No. 3023, which is an amendment AMENDMENT NO. 3069 and the nation are well served by the by Senator LINCOLN related to the bio- (Purpose: To provide for access to the Alaska language we have crafted. diesel credit, is cleared, and I urge that natural gas transportation project and It protects Alaska’s interests by: pro- we go ahead and proceed with it. other purposes) hibiting the ‘‘Over-the-Top’’ route thus The PRESIDING OFFICER. If there (The text of the amendment is print- keeping construction and operational is no further debate, the question is on ed in today’s RECORD under ‘‘Text of jobs in Alaska ‘‘and’’ along with pro- agreeing to amendment No. 3023. Amendments.’’) viding Alaskans with the opportunity The amendment (No. 3023) was agreed AMENDMENT NO. 3069 to heat their homes and develop a gas to. Mr. MURKOWSKI. Mr. President, based industry in our State; making it Mr. BINGAMAN. Mr. President, I amendment No. 3069 incorporates all of clear that Alaskans have full regu- move to reconsider the vote. Mr. MURKOWSKI. I move to lay that the changes Senator BINGAMAN and I latory authority over gas coming off have worked out with the State of the mainline in our State; providing motion on the table. The motion to lay on the table was Alaska, the Alaska Legislature, the the opportunity for newly discovered agreed to. pipeline companies, the North Slope oil Alaska gas to find its way to markets AMENDMENT NO. 3041 and gas producers, and northern Alas- in the south; making special provisions Mr. BINGAMAN. Mr. President, I ask ka petroleum explorers. for the transport of Alaska royalty gas One might imagine with the diversity to markets in Alaska; and setting up a unanimous consent that amendment of interests represented by this group $20 million dollar program to train No. 3041 be voted on. The PRESIDING OFFICER. If there of participants, there was not always Alaskans in the skills they will need to compete successfully for the high pay- is no further debate, the question is on unanimous agreement on each point. agreeing to amendment No. 3041. But at the end of the day, I believe ing jobs created by the construction and operation of the Alaska Gas Trans- The amendment (No. 3041) was agreed what is contained in this substitute to. amendment is a fair compromise be- portation System. The national interest is protected by Mr. BINGAMAN. Mr. President, I tween often divergent points of view. significantly reducing the risk associ- move to reconsider the vote. I want to thank Senator BINGAMAN ated with construction of a system Mr. MURKOWSKI. I move to lay that and his staff for all of the hard work that will provide the nation with a se- motion on the table. they invested in working with me to cure, abundant, and domestically pro- The motion to lay on the table was craft this challenging amendment. agreed to. Although Alaska North Slope gas has duced supply of gas that will last well into the middle of the century. Mr. BINGAMAN. Mr. President, that been available for over 30 years, devel- The national interest is served by: completes the items we intended to opment and commercialization has not providing gasline builders with two complete today. been possible due to lack of local mar- separate and updated authorities to The PRESIDING OFFICER. The Sen- ket and lack of transportation to com- permit the project; providing expedited ator from West Virginia. Mr. BYRD. Mr. President, I yield to mercial markets. judicial review of legal challenges that The cost and risk associated with the Senator from Florida for how much might otherwise slow down the project; building a project of the magnitude we time? and creating a project coordinator to Mr. GRAHAM. Two minutes. are speaking was just too daunting. make sure that the scores of State and All of you are aware of last year’s ef- Mr. BYRD. For not to exceed 2 min- Federal agencies permitting the forts on the part of Exxon/Mobil, Phil- utes. project are working together and not lips, and British Petroleum to evaluate The PRESIDING OFFICER. Without creating artificial bureaucratic bar- the commercial viability of trans- objection, the Senator from Florida. riers that will slow or halt the con- porting Alaska gas to markets in the AMENDMENT NO. 3070 TO AMENDMENT NO. 2917 struction process. Mr. GRAHAM. Mr. President, I wish lower 48. I firmly believe that the language At the completion of their economic to offer an amendment and ask that it contained in this amendment will go a evaluation they determined that the be laid aside for consideration after we long way towards reducing both the project was ‘‘not’’ economically viable return. cost and the risk associated with the This amendment will add to the list at this time. construction of the Alaska Natural Gas This negative economic determina- of items which are acceptable as re- Transportation System. tion set the stage for Congress’s in- newable energy municipal solid waste. A system that will serve the special When we return, I will make a more ex- volvement in the Alaska gas debate. interests of Alaska and the Nation for A way needed to be found to reduce tended statement. In a State such as decades to come. mine, the options for dealing with solid both the cost and the risk associated Mr. BINGAMAN. Mr. President, these with the construction of this $20 billion waste are essentially two: One is to 11 amendments have been cleared on bury it in a landfill; two is to incin- project. both sides. I urge their adoption en As you may know Senator DASCHLE erate it. Of those two, clearly, the in- bloc. cineration is a more benign impact on and BINGAMAN introduced their energy The PRESIDING OFFICER. Is there our environment. Given the high water bill last December—language was con- further debate? tained in that bill to assist in con- If not, the question is on agreeing to table we have, land disposal of the solid structing the Alaska Gas Transpor- the amendments en bloc. waste creates serious issues of water tation Project. The amendments (Nos. 3059 through quality. In my opinion, we should While that language was a good 3069), en bloc, were agreed to. allow, as we have allowed this after- start, it did not address all of the prob- Mr. BINGAMAN. Mr. President, I noon through the amendment of Sen- lems that needed to be resolved in move to reconsider the vote. ator CRAIG, expanded use of biomass, order to achieve the goal of cost and Mr. MURKOWSKI. I move to lay that and now Senator COLLINS extended use risk reduction. motion on the table. of hydropower, we should recognize the It also failed to address issues of sig- The motion to lay on the table was fact that both in terms of environment nificant concern to the people of Alas- agreed to. and energy, allowing solid waste to en- ka. Mr. BINGAMAN. Mr. President, I ergy to be one of the allowable renew- For the past several months Senator also move to reconsider the vote on the able energy sources is in the national BINGAMAN and I have been engaged in adoption of amendment No. 3016. interest.

VerDate Mar 15 2010 20:48 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00043 Fmt 4637 Sfmt 0634 E:\2002SENATE\S21MR2.REC S21MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2236 CONGRESSIONAL RECORD — SENATE March 21, 2002 I offer this amendment. I ask that it chines for bottled and canned bev- Once all machines are switched to the be set aside and look forward to a erages. more energy efficient models, our Na- fuller discussion when we return. Our amendment provides a $75 tax tion can save six billion kWh per year. The PRESIDING OFFICER. The credit for the purchase of each quali- That is enough energy to power ap- clerk will report the amendment. fying energy-efficient vending ma- proximately 600,000 U.S. households for The assistant legislative clerk read chine. This incentive is necessary be- an entire year. as follows: cause vending machines are purchased Another feature of this tax credit is The Senator from Florida [Mr. GRAHAM] by bottlers and other beverage machine that it will provide a substantial en- proposes an amendment numbered 3070. operators and placed at third party lo- ergy savings to our nation without bur- Mr. GRAHAM. Mr. President, I ask cations to benefit consumers, but the dening the average American. Citizens unanimous consent that reading of the types of machines purchased are not will not even know the vending ma- amendment be dispensed with. decided by the organization that pays chines are energy-efficient. There will The PRESIDING OFFICER. Without the electricity bill. Unlike most prod- be no change to the temperature of the objection, it is so ordered. ucts, the benefit of a vending ma- beverages or the outward appearance of The amendment is as follows: chine’s reduced energy consumption is the machines. The tax incentive will AMENDMENT NO. 3070 captured by the third party location tend to keep the price of the beverage (Purpose: To clarify the provisions relating not by the machine’s purchaser. There- where it is today. to the Renewable Portfolio Standard) fore, there is currently no economic in- This amendment provides a boon to Strike Sec. 606(l)(3) and replace with the centive for machine operators to pur- energy savings at little cost. This following: chase energy efficient vending ma- amendment will provide an energy sav- ‘‘(3) ELIGIBLE RENEWABLE ENERGY RE- chines, many of which have useful lives ings of approximately three to one over SOURCE.—The term ‘renewable energy re- of ten to twenty years. the cost of the tax incentive. Not only source’ means solar, wind, ocean, or For instance, colleges all across the does this amendment make good sense geothemal energy biomass, municipal solid for energy efficiency; it makes good waste, landfill gas, a generation offset, or in- country have beverage vending ma- cremental hydropower.’’ chines for the students to use. A soft economic sense, too. drink bottler purchases these machines Every small step we take toward re- The PRESIDING OFFICER. The Sen- from a manufacturer, and places them ducing our nation’s total energy con- ator from West Virginia. in student unions at universities, such sumption contributes to a more pros- Mr. BYRD. Mr. President, does the as Wheeling Jesuit in Wheeling, WV. perous economy and a brighter future Senator from Alaska wish to be yielded Wheeling Jesuit and other customers of for ourselves and our children. I urge to? the bottler have no control over what my colleagues to support this amend- Mr. MURKOWSKI. Let me thank my kind of machines are purchased. Be- ment. good friend, the senior Senator from cause Wheeling Jesuit, and not the AMENDMENT NO. 3043 West Virginia. I appreciate the oppor- vending machine operator, pays the Mr. ROCKEFELLER. Mr. President, I tunity to respond very briefly with a electric bill, the vending machine oper- am committed to helping craft na- statement. ator has no incentive to save Wheeling tional energy legislation that takes en- Mr. BYRD. How much time? Jesuit money with more energy-effi- ergy production and conservation, bal- Mr. MURKOWSKI. About 40 seconds. cient machines that would cut down on anced with environmental concerns Mr. BYRD. Mr. President, I yield to the college’s electricity bills. This and economic issues, into consider- the distinguished Senator for whatever amendment would change all of that, ation. Today, I am pleased to join my time he may consume, up to 2 minutes, because the vending machine operators colleagues Senator ALLEN, Senator without losing my right to the floor. would receive the tax credit for their SPECTER, and Senator WARNER, in sub- Mr. MURKOWSKI. Mr. President, I purchases. The new energy efficient mitting amendment No. 3043 to the thank the President pro tempore for machines will save the typical site Senate energy bill to create an impor- his generosity. owner $200 a year and more than $2,000 tant tax incentive that I believe will Mr. President, I will file an amend- over the life of the machine. encourage the recycling of coal com- ment, but I shall not bring it up at this Technology is now available to re- bustion waste materials produced in time. This amendment would require duce the energy consumption of refrig- the process of reducing sulfur emission the cessation of importing oil from erated bottled and canned vending ma- in coal-fired electric utility boilers. Iraq, which is currently at 1.2 million chines by as much as 50 percent. One of Currently in the United States, many barrels a day, until such time as the the manufacturers using this tech- coal-fired power plants are equipped President certifies that Iraq, one, al- nology to make energy-efficient vend- with sulfur dioxide scrubbers, the pur- lows U.S. inspectors access to sus- ing machines has operations in my pose of which is to significantly reduce pected sites for the development of home State of West Virginia, in the the amount of sulfur dioxide released weapons of mass destruction; and, two, small town of Kearneysville. This en- into the air. In the process of cleaning ceases to cheat the U.N. oil program by ergy-saving technology has been recog- the air, these scrubbers produce more smuggling oil out through third coun- nized by the Natural Resources Defense than 20 million tons of coal combustion tries. Council, and will be recognized next waste or sludge per year. Stabilization It will be my intention to bring this week at the Environmental Protection of the sludge increases the waste mate- amendment up upon our return from Agency’s Energy Star Awards. This tax rials to over 40 million tons per year, the recess. incentive will make it easier for and this amount is expected to more I yield the floor. bottlers do to the right thing, environ- than double as the Clean Air Act AMENDMENT NO. 3042 mentally, while benefiting forward- Amendments of 1990 continue to phase Mr. ROCKEFLLER. Mr. President, I looking manufacturers like the one in. At this time, less than 20 percent of am proud to submit today, along with producing these energy-efficient ma- this waste material is recycled. In fact, my colleague Senator CARNAHAN, chines in the Eastern Panhandle of the balance of the sludge is disposed of amendment No. 3042 to provide tax in- West Virginia. in landfills at a cost to electric utili- centives to promote the use of a new Without this incentive, the likely re- ties of as much as $40 per ton, depend- type of energy-efficient technology for sult is that bottlers will take advan- ing upon the locale. I am concerned beverage vending machines. The Nat- tage of this improved technology much that, as landfills become full, and new ural Resources Defense Council esti- more slowly, and energy will continue landfills become more difficult to site, mates that, when fully implemented, to be needlessly wasted. the costs to utilities, and ultimately to this new technology could reduce na- Each new energy-efficient machine electric consumers, will continue to es- tional energy use by up to 6 billion kil- would save more than 2,000 kWh per calate. owatt hours, kWh, per year. This trans- year over its less-efficient predecessor. A tax credit is needed to encourage lates to an annual electricity savings With approximately 225,000 new vend- utilities that are controlling their sul- of $600 million, by encouraging the sale ing machines purchased every year the fur dioxide emissions to recycle the of new energy-efficient vending ma- energy savings potential is enormous. waste material their scrubbers

VerDate Mar 15 2010 20:48 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00044 Fmt 4637 Sfmt 0634 E:\2002SENATE\S21MR2.REC S21MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 21, 2002 CONGRESSIONAL RECORD — SENATE S2237 produce. By helping to alleviate and rent energy use and cost information, are needed to maintain proper safety in perhaps eliminate the cost of disposing consumers will be better able to change coal mines. The Secretary is to main- of the waste products generated by their usage patterns, thereby con- tain the number of mine inspectors at using important emission control sys- serving energy and saving money in a level no lower than current levels. tems, we can realize the multiple envi- the process. The one problem my co- When filing these positions, my amend- ronmental benefits: Cleaner air and sponsors and I see with this provision ment encourages the Secretary of less combustion waste being landfilled. is that it is limited to only one or two Labor to give consideration to experi- There are basically two types of specific metering technologies, and I enced miners or mine engineers. scrubbing, or emission control systems, strongly believe there are other very Coal miners are dying in alarming currently in use. One produces a wet cost effective and beneficial metering numbers in accidents that might be sludge and the other a dry sludge. Wet technologies, collectively referred to as prevented if more mine inspectors were sludge is more difficult and costly to ‘‘time of use’’ technology that would on the job. Coal mine fatalities in- treat. Accordingly, the proposed credit similarly allow consumers to better creased in 2001 for the third year in a is $6 for each ‘‘wet ton’’ and $4 for each conserve energy. row. Forty-two miners died in mine ac- ‘‘dry ton’’ recycled by a third party. Our amendment would simply expand cidents in the United States. Forty-two The credit will have a 10-year limit and the availability of this tax provision to miners lost their lives. This is the most includes strict requirements to deter- include those suppliers who provide since 1995. mine that the sludge has actually been consumers with time of use metering Already in 2002, eight miners have ‘‘recycled’’ and that a value-added technology. One of these time of use died in American coal mines. Improved product, with genuine marketplace ap- technologies is manufactured by a technology is increasing the produc- peal, is created. company doing business in Scott tivity of our mines. We should also be The tax credits will stimulate the de- Depot, WV. I have not brought this seeing improvements in mine safety, velopment of new technologies to recy- amendment to the floor of the United not a rising death toll. cle the sludge and encourage existing States Senate solely because it may Two of the miners who have died this technologies to enhance their recycling benefit a business in my home State. I year were West Virginians. On January efforts. The 10-year life of this credit have brought this amendment to the 2nd, a 44-year-old miner with 23 years will provide sufficient time to aid the floor because I believe it will enhance of experience was fatally injured when start-up of new companies and tech- the effectiveness of the underlying bill unsupported roof rock measuring seven nologies and the further development by giving consumers and their utilities feet by five feet fell on him in the Jus- of existing technologies; thereafter a number of options for conserving en- tice #1 mine in Boone County, WV. Just over a month later, on February these recycling efforts should be self- ergy through the auditing of their en- 20th a 53-year-old miner at the Radar supporting. The cost of these credits is ergy use. Run #2 mine in Greenbrier County was less than $75 million over the next 10 By using time of use technology, con- crushed by loose rock, some as large as years and could, in part, be offset by sumers could easily and conveniently 30 feet long, 30 feet wide, and 10 feet taxes generated by new businesses as determine how much energy they con- thick. well as the savings to the economy sumed during different times of the day These deaths are tragedies for the through reduced energy costs. and the specific costs associated with families and friends of the miners who I remain committed to promoting the their use during each time period. Con- died. If these accidents could have been use of coal as a primary energy source sumers would have access to time of prevented, it is unforgivable. Our in- for this nation, and I wholeheartedly use information for pre-selected time dustry and Federal mine safety system embrace tax incentives for the installa- segments of each day. Each selected are supposed to protect miners to the tion of clean coal technologies. I be- time period would have the exact price maximum extent possible. The sheer lieve this credit to encourage combus- of the energy consumed. number of mine deaths tells me that tion waste recycling efforts is an im- For example, a consumer in New we are not doing enough to ensure min- portant addition to our energy policy. Manchester, WV, using this technology ers’ safety. It will support economic development could determine how much energy was I am proud that West Virginia pro- and protect the environment. I strong- used between 6–7 p.m. each night. By duces much of the coal that powers the ly urge my colleagues to support this knowing this information, this con- national economy. Over 50 percent of amendment. sumer would be able to change his or our electricity comes from coal. But in AMENDMENT NO. 3044 her energy-use habits during specific producing this fuel, year in and year Mr. ROCKEFELLER. Mr. President, I time periods, or as an overall policy. If out, too many West Virginia miners be- am pleased to join my colleagues, Sen- helpful, consumers could also easily be come casualties. ators BEN NELSON and CHUCK HAGEL, in provided with historic time of use in- Twelve of the 42 miners lost in coal submitting amendment No. 3044 ad- formation so they could compare their mines in the United States last year dressing energy metering at con- current use and costs with their past were West Virginians. Nine West Vir- sumers’ homes and the availability of use to see the extent they have been ginians, died in both 1999 and 2000. reliable energy usage data for con- conserving energy and saving money. I Since 1992, 114 of the 406 American min- sumers to use in making energy con- believe this type of metering tech- ers who have died in mine accidents sumption decisions. The amendment nology would be particularly beneficial have been West Virginians. This is un- we are submitting is very straight- to many consumers in West Virginia. acceptable. We must do a better job of forward, and I urge my colleagues to This is a good amendment, and I preventing these accidents, with the support it. think that it improves the energy effi- goal of eliminating them altogether. Under the Energy Tax Incentives Act ciency provisions of the underlying West Virginia miners are not the a tax credit and accelerated deprecia- bill, without favoring one technology only ones dying in coal mines. Last tion is established for the benefit of over another. September 23rd, two explosions in the electric and gas suppliers that install AMENDMENT NO. 3045 Jim Walter #5 mine in Brookwood, AL, energy meters that provide consumers Mr. ROCKEFELLER. Mr. President, took the lives of 13 coal miners, in the with real-time information about the amendment No. 3045 is very simple but single largest coal mine disaster in the amount of energy they are consuming it could make a life or death difference United States since 1984. Twelve of and the cost of that energy. This provi- to miners who work in one of the most these miners had rushed into the mine sion was passed by the Senate Finance dangerous occupations in America. to save trapped co-workers. That kind Committee, and will become a part of This amendment would require the of heroism is frequently found in the the bill now under consideration. Secretary of Labor, in consultation history of coal mining. We need to The intent of these provisions is to with the Secretary of Energy, to re- make it less necessary. promote energy conservation by allow- view current staffing levels of mine in- Anyone who has gone down into a ing consumers to monitor, in real time, spectors, and considering current needs mine knows that accidents happen. their energy use and its cost. By pro- and expected retirements, to hire and This amendment will cut down on pre- viding consumers with access to cur- train as many new mine inspectors as ventable accidents.

VerDate Mar 15 2010 20:48 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00045 Fmt 4637 Sfmt 0634 E:\2002SENATE\S21MR2.REC S21MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2238 CONGRESSIONAL RECORD — SENATE March 21, 2002 Retirements will reduce the current lon, residential heating oil rose by 10 also to reflect both political parties. number of mine inspectors by 25 per- cents per gallon, and residential nat- No commission has ever before brought cent in the next five years. Despite this ural gas leapt by 50 cents per thousand together such a diverse group to study trend, and the number of mine fatali- cubic feet. such a complex problem in a holistic ties, the President’s fiscal year 2003 In some areas of the country and sec- manner. No commission has ever prom- budget request cuts the Mine Safety tors of the economy, price spikes were ised to see things from the perception and Health Administration budget by greater and had drastic impacts. Home of consumers: families and businesses $4 million. heating and cooling bills crippled fam- that routinely face energy price spikes. The premise is not that more money ily budgets in the Midwest and North- The Consumer Energy Commission is will necessarily solve the problem. The east. Farmers and industries dependent long overdue, and I urge my colleagues premise is this: The energy bill prop- on natural gas for the production of to support it. erly sees coal as a vital part of the na- fertilizer and other chemical products AMENDMENT NO. 3074 tion’s energy mix. The amendment in- suffered economically. Mr. DURBIN. Mr. President, amend- tends to make sure that the hard- To address the chronic national prob- ment No. 3074 would establish a Con- working men and women who bring lem of significant energy price fluctua- serve by Bike Pilot Program in the Na- that coal out of the ground are not tions, I am offering an amendment to tional Highway Traffic Safety Admin- doing so at an unacceptable risk to the energy bill that would establish a istration, as well as fund a research their lives. Consumer Energy Commission. This 11- initiative on the potential energy sav- AMENDMENT NO. 3072 member Commission would bring to- ings of replacing car trips with bike Mr. DURBIN. Mr. President, amend- gether bi-partisanly appointed rep- trips. This program would fund 10 ment No. 3072 to the energy bill to es- resentatives from consumer groups, en- projects throughout the country, using tablish a Consumer Energy Commis- ergy industries, and energy- and trade- education and marketing to convert sion. This amendment is simple, yet it related agencies, to study the causes of car trips to bike trips. The research has the potential to significantly ben- energy price spikes and make rec- would document the energy conserva- efit American families and businesses. ommendations on how to avert them. tion, air quality improvement, and It should garner widespread support. It is true that the Federal Trade public health benefits caused by in- Like many of my colleagues in the Commission recently studied gasoline creased bike trips. The goal is to con- Senate, I am pleased that we have price spikes in the Midwest. Indeed, serve energy resources used in the turned to debate on an energy bill to several studies have investigated po- transportation sector by turning some address our nation’s energy challenges. tential abuses of market power in the of our gas guzzling miles into bike This debate marks the first time Con- energy industry. Other studies have rides. gress has comprehensively considered looked at the long-range supply and de- There is no single solution for our energy policy since 1992. As we consider mand projections for energy products. Nation’s energy challenges. Every pos- the many facets of this important But previous studies have tended to sible approach must be considered in topic, we must remember what has focus on a small set of issues, and on order to solve our energy problems. happened with energy in our country the perspective of industry or govern- Something as simple as traveling by during the past decade. ment. I think the best approach is not bike instead of car can play an impor- One word you will often hear to de- to look at these issues narrowly, but tant role in reducing our dependence scribe energy during the past decade, rather to consider the big picture. Most on foreign oil. Energy conservation especially in the last few years, is ‘‘cri- importantly, we need to give con- does not have to be difficult: it can be sis.’’ The California electricity experi- sumers a voice. as economical, healthy, and environ- ence has been cast in terms of a crisis, When consumers go to pay their gro- mentally friendly as a bike ride. and many have pointed to Enron as an cery bills, or their tuition bills, or even It would be unrealistic to expect indication of problems in our energy their residential electricity bills in Americans to make a substantial in- policy. While we may disagree with the most states, and when businesses go to crease in the number of trips they extent of the energy crisis, as well as pay for raw materials, prices are rather make by bicycle. But even a tiny per- ways to address it, I think we can all predictable. But when they go to pay centage of bike trips replacing our agree that one energy challenge our for their heating and cooling, natural shorter cars trips could make a signifi- nation faces is consumer price spikes. gas, or gasoline, families and busi- cant difference in oil and gas consump- Let us take the example of gasoline. nesses face the frustrating reality of tion. We all know that prices have signifi- wild price swings. We need to bring Right now, less than one trip in one cantly fluctuated at the pump. The Ad- consumers to the table with represent- hundred, .88 percent, is by bicycle. If ministration’s energy policy indeed atives of the energy industry and gov- we can raise our level of cycling just a cites ‘‘dramatic increases in gasoline ernment, in order to study price spikes. tiny bit: to one and a half trips per prices’’ as one of the challenges we We need these groups to work collec- hundred, which is less than a bike trip face. The Consumer Federation of tively, and to consider a range of the every 2 weeks for the average person, America and Public Citizen have also possible causes of energy price spikes. we would save over 462 million gallons called attention to energy price spikes, We need them to look at both the sup- of gasoline in a year, worth over $721 explaining that American consumers ply and demand sides, including such million. That’s one day a year we won’t spent roughly $40 billion more on gaso- potential causes as maintenance of in- need to import any foreign oil. line in 2000 than in 1999. In the spring ventory, delivery of supply, consump- In addition to conserving our energy, of 2000, the cost of gasoline in Chicago tion behaviors, implementation of effi- an increased number of bike trips can shot up to $2.13 per gallon, well-above ciency technologies, and export-import improve our air quality. Significant de- the unusually high national average of patterns. clines in vehicle emissions would fol- $1.67 per gallon at the time. After the Consumer Energy Commis- low from increased bike trips. A study Yet gasoline is not the only energy sion has studied energy price spikes in New York City showed that bicy- product for which consumers have had comprehensively, its charge will be to cling spares the city almost 6,000 tons to pay dramatically fluctuating costs develop options for how to avert or of carbon monoxide each year. A re- in recent years. Residential heating mitigate price spikes. These rec- duced number of trips made by cars oil, residential natural gas, commer- ommendations can range from legisla- would increase this number and help to cial natural gas, industrial natural gas, tive and administrative actions to vol- clean our nation’s air. and motor gasoline, have all had fluc- untary industry and consumer actions The Federal Highway Administration tuating prices over the past 15 years. that can help protect consumers from estimates that 60 percent of all auto- If we break down these numbers the fluctuating costs of energy prod- mobile trips are under five miles in month-by-month, you can see incred- ucts. length. And these short trips typically ible price spikes. In just a matter of This Commission will be well-bal- emit more pollutants because cars dur- one month, the national average price anced, not only to reflect all groups ing these trips run on cold engines. En- of gasoline jumped by 20 cents per gal- with a stake in energy price spikes, but gines running cold produce five times

VerDate Mar 15 2010 20:48 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00046 Fmt 4637 Sfmt 0634 E:\2002SENATE\S21MR2.REC S21MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 21, 2002 CONGRESSIONAL RECORD — SENATE S2239 the carbon monoxide and twice the hy- Mr. BYRD. Mr. President, my pa- our efforts to reach out to Latin Amer- drocarbon emissions per mile as en- tience is becoming greatly strained, ica could mark the beginning of a new gines running hot. These cold engine but I will yield to the Senator. era in the American experience. This is trips could most easily be replaced by I ask unanimous consent that I may just as true today as it was way back bike rides. yield to the Senator from Iowa for not in 1961. Americans would experience addi- to exceed 10 minutes, without my los- Through the Andean pact, and com- tional advantages from increased bike ing my right to the floor. plimentary trade initiatives such as usage. The decreased number of cars on The PRESIDING OFFICER. Without the Free Trade Area of the Americas, our nation’s highways would help re- objection, it is so ordered. we can achieve a new era of hemi- duce traffic and parking congestion. Mr. GRASSLEY. Mr. President, I spheric economic cooperation that ben- Congestion costs have reached as high thank the Senator from West Virginia efits everybody—not just these four as $100 billion annually according to for his gracious attitude. countries, not just the United States, the Federal Highway Administration. The PRESIDING OFFICER. The Sen- but it has a benefit way beyond that. A reduction in cars on the roads will ator from Iowa is recognized. The Andean nations know trade, not decrease the high costs associated with f aid, is the best way to overcome the congestion. fragmentation of Latin American ANDEAN TRADE PREFERENCES The ‘‘Conserve by Bike’’ amendment economies, and to build the self-sus- ACT will also improve public health. The taining growth that nourishes demo- exercise from more frequent bike trips Mr. GRASSLEY. Earlier today, unan- cratic institutions. would help improve our physical well- imous consent was requested on the But because the Andean trade bill being. Biking has proven to be effective part of Senator LOTT that the Andean still languishes in the Senate—along in the prevention of heart disease, our pact come before the Senate. That re- with another important bill, trade pro- nation’s number one killer. And, biking quest was not granted. So I rise to ex- motion authority, another vitally im- has also shown to help individuals in press my regret of that happening and portant trade bill as well—the Presi- the correction of health-impairing be- to express my support for the fact that dent’s trip will not be as effective as it haviors like smoking and alcohol the Andean Trade Preferences Act leg- could have been if the Senate had abuse. islation should be on the floor and acted. Obviously, we should expect our The ‘‘Conserve by Bike’’ amendment should have been considered by now. I President to be successful and want will help America take a simple but am concerned if the Senate doesn’t act him to be successful. meaningful step in energy conserva- early on the Andean trade bill, that For a long time, we had a tradition tion. It will help fund 10 pilot projects America’s continued leadership in the in this country that politics stops at that will use education and marketing international arena of trade will be se- the water’s edge. Unfortunately, that to facilitate the conversion of car trips verely impaired. is not as true now as it once was. A lot to bike trips, and document the energy Specifically, I fear our failure to ap- of trade and foreign policy issues get savings from these trips. These prove this legislation in a timely man- entangled with our domestic partisan projects will facilitate partnerships ner will undermine our ability to con- politics. I very much regret this devel- among those in the transportation, en- structively engage with our Latin opment because it is very harmful to ergy, environment, public health, edu- American neighbors at a time when the U.S. leadership in any subject but cation, and law enforcement sectors. many of them face enormous economic particularly in the area of trade. It is There is a requirement for a local and political challenges. harmful to the enhanced prospects for match in funding, so that these Today, President Bush leaves on an prosperity and peace that we are trying projects can continue after the federal important mission to Latin America. to promote around the world, and com- resources are exhausted. Just on Saturday, he will visit Peru, mercialization is a very useful tool in In addition, this amendment will one of the Andean nations, where he promoting world trade. fund a research initiative with the Na- will meet with four Andean leaders. Mr. President, the other day, the lead tional Academy of Sciences. The study President Bush’s trip builds on a long editorial of the Washington Post ad- will examine such factors as weather, tradition of promoting vigorous United dressed the issue of the Senate major- land use and traffic patterns, bicycle States engagement with Latin America ity leader’s failure to bring up the An- facility infrastructure, to identify that started as far back as President dean trade pact. I would like to read a what trips Americans could reasonably Kennedy’s Alliance for Progress in the portion of that editorial, which ap- take by bike. It will also illustrate the 1960s. peared March 19 in the Washington benefits of converting bike trips to car As did President Kennedy, President trips, and explore ways that we can en- Post: Bush has a vision for Latin America. The Senate’s failure to help the four courage Americans to pedal rather The President wants to tell our Andean Andean states—Colombia, Peru, Ecua- than gas guzzle. It is imperative that Americans are neighbors—Peru, Colombia, Bolivia, dor and Bolivia—is particularly egre- fully informed of the entire range of and Ecuador—that the United States gious. A package of trade concessions benefits from biking in terms of energy wants to be their hemispheric partner has passed through committee and conservation, air quality, and public in peace. He wants to tell them that commands an overwhelming majority health. We also need to provide the trade and prosperity go hand in hand. of the full chamber. . . . Only a handful best resources in bike safety and con- President Bush wants to make the of Senators opposes the package. But venience. case that the benefits of trade are not the Senate leadership has failed to We have been spending a modest just for rich countries like the United bring it to the floor, making it likely amount of federal, state and local States; they are also for countries that that Mr. Bush will arrive in Peru funds on bicycle facilities since 1991. aspire to become rich countries; for empty-handed . . . at a time when This amendment will leverage those in- countries that want better, more se- American leadership in Latin America vestments and help people take advan- cure lives for their citizens; for coun- is being questioned, the least the Sen- tage of the energy conservation choices tries that want better health care, bet- ate could do is to pass a trade measure they have in getting around their com- ter education, and better futures for that almost nobody opposes. munities. I urge my colleagues to sup- their children. As is clear from my point of view, the port this amendment. President Bush wants to encourage time to act was months ago. But it is The PRESIDING OFFICER. The Sen- our Andean neighbors to use trade to never too late to do the right thing. We ator from West Virginia is recognized. promote economic development had that opportunity today and it Mr. BYRD. Mr. President, I see the through a diversified export base as an failed. So I urge my colleagues to, just distinguished Senator from Iowa in the alternative to the allure of the drug as soon as we get back from the Easter Chamber. Does he wish to have the trade. recess, put not only the Andean pact floor? When President Kennedy unveiled his but other trade issues very high on the Mr. GRASSLEY. For about 6 min- Alliance for Progress in 1961, he said if agenda and get them passed and help utes. Would that be possible? we were bold and determined enough, us to help these Andean nations, which

VerDate Mar 15 2010 20:48 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00047 Fmt 4637 Sfmt 0634 E:\2002SENATE\S21MR2.REC S21MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2240 CONGRESSIONAL RECORD — SENATE March 21, 2002 are so poor and need our help. Trade is fresh grass after a long autumn and morning business, with Senators al- one way to get them the necessary help winter eating hay. I know that farmers lowed to speak for a period not to ex- and develop a good economy. in West Virginia are hoping for good ceed 5 minutes each. The PRESIDING OFFICER. The Sen- spring rains to replenish the water sup- The PRESIDING OFFICER. Without ator from West Virginia. plies and encourage a good growth of objection, it is so ordered. f hay after last year’s dry spells. Pas- f tures have been cropped close and hay LITTLE BIG MAN SPRINGTIME JOYS supplies are dwindling since the au- Mr. BYRD. Mr. President, after a tumn drought sent pasture grass into Mr. DASCHLE. Mr. President, 46 mild and dry winter full of false starts, an early dormancy. We need rain—soft years ago the South Dakota Demo- of periods of almost summery weather rain. cratic Party was hardly more than followed by cold and blustery winds, Rain in the springtime is a lovely George McGovern, George spring is truly here—here in all of its thing, gentle and welcome, unlike rain Cunningham, and a beat up old station glory. In that subtle change, the grad- in other seasons. In summer, thunder- wagon. I was eight. Little did I know I ual brightening of days and warming of storms are violent, dramatic events, would one day owe a career to those the earth, most of us can sense our noisy and flooding, leaving streets two men and that car. mood shifting. Our hearts are glad- steaming. In autumn, the rain can be- One of those men is now world-fa- dened, our spirits are raised, our opti- come monotonous, day after dreary mous, his name a synonym for political mism is buoyed up by more than the day of steady sodden downpour filling courage and common decency. The improving economic forecasts. As we the gutters with matted, decaying other, George Cunningham, is unknown cast off the last days of winter and wel- leaves. And in winter, cold, stinging to most. come in the spring, we shed our weary sleet makes travel on dark roads and But George Cunningham is known to spirits along with our heavy coats. slick sidewalks treacherous. But in the me. Spring is here. Here it is. How sweet it spring, the rain is misty and compan- I know him as the man who flew is—spring. Our hearts echo the deep joy ionable as my little dog Billy and I quietly to South Dakota to rescue a of Samuel Pepys’ song, the poet Robert conduct our inspection tours of flower political newborn from a life-threat- Browning’s ode to spring: beds, the turf soft beneath our feet. ening recount in 1978. I know him for his wise counsel during a testing chal- The year’s at the spring Flower petals gain an added brightness And the day’s at the morn; from their raindrop ornaments. lenge from Congressman Clint Roberts, Morning’s at seven; Spiderwebs become tiny crystal chan- and through the other muddles of my The hillside’s dew-pearled; deliers draped with tiny drops in a soft political adolescence. I know George as The lark’s on the wing; and misty rain. And after the rain, the man from whom my own George The snail’s on the thorn; there are rainbows shimmering like Cunningham, Pete Stavrianos, says he God’s in his Heaven— dreams overhead. learned both his trade and his passion All’s right with the world! I asked the robin, as he sprang, for that trade. And I know George The pansies that bloomed all winter What made his breast so round and red; Cunningham as the diabolical practical on sheltered porches in bright defiance Twas looking at the sun, he said. joker whose powers to disarm and con- of the calendar are in their glory, I asked the violets, sweet and blue, fuse with his wit remain to this day joined by crocuses and nodding daf- Sparkling in the morning dew, the most powerful antidote to self-im- fodils bursting through the cold earth. Whence came their colors, then so shy; portance I have ever witnessed. Lilac bushes are budding, promising They answered, ‘‘looking to the sky’’; ‘‘GVC,’’ as he was known to those fa- sweet scents to come, and the gray and I saw the roses, one by one, miliar with his smoking IBM Selectric, gnarled branches of old pear and apple Unfold their petals to the sun, I asked them what made their tints so is a man who has never taken himself trees are bursting forth in showy, bright, too seriously, but has always fiercely snowy blossoms. Gregarious robins And they answered, ‘‘looking to the sky’’; insisted his lifetime profession be have returned, massed on warming I asked the thrush, whose silvery note taken seriously. lawns listening intently for industrious Came like a song from angel’s throat, I will never forget hearing about earthworms engaged in their subterra- Why he sang in the twilight dim; George Cunningham telling a reporter nean tilling. Bluebirds flit and swoop He answered, ‘‘looking up at Him.’’ who asked about his polls during his among the still bare branches and the In springtime, at Eastertide, as we campaign against Larry Pressler that goldfinches, busy at the backyard feed- celebrate the great awakening of life his numbers were, ‘‘in the toilet.’’ The ers, are brightening their coloring in reborn, one only has to look outside to stunned newsman had expected a deer preparation for springtime courtship. appreciate the Creator’s handiwork. in the headlights lie from a scared poli- Color is washing over the land. The earth is His page, the seasons His tician facing defeat. What he got was Redbud trees add rosy tints to gray poetry writ fresh for us each morning. an honest admission from a strong man woodlands while cheerful daffodils and Welcome, yellow buttercups! who was still teaching, even through forsythia bushes sparkle amid drab Welcome, daisies white! his hurt, how to laugh honestly in the lawns and gardens. If winter brings to Ye are in my spirit face of adversity, and in so doing, re- mind the talents of artists in charcoal Visioned, a delight! spect what one was about. sketches or the great etchers with Coming ere the spring-time, What George Vinton Cunningham their mastery of pattern and shading in Of sunny hours to tell, was about, and what he is still about, is Speaking to our hearts of Him the bold geometry of bare branches Who doeth all things well. service to the public. carved against a snowy ground, spring Mr. President, I yield the floor, and I From his first campaign with George calls for watercolorists and sketchers suggest the absence of a quorum. McGovern while still a law student at in pastels with bright translucent col- The PRESIDING OFFICER. The USD, through his service to Governor ors that capture the fragile clearness of clerk will call the roll. Herseth in 1959, his 20 years beside the springtime sunshine. Summer and The assistant legislative clerk pro- George McGovern in Washington, his fall may belong to the oil painters with ceeded to call the roll. return to his hometown of Watertown, their deep saturated colors and mass- Mr. REID. Mr. President, I ask unan- SD, as a candidate for U.S. Senate, and ing of light and shade, but it takes a imous consent the order for the his tenure as lawyer and party activist, swift hand and brush to pin down the quorum call be dispensed with. George Cunningham has taught us all quicksilver moods of springtime. The PRESIDING OFFICER. Without what it means to serve. Under foot, the cold ground yields to objection, it is so ordered. Cunningham is a short, non-descript springtime loam begging for the gar- f man who, while chief of staff to a can- dener’s spade. Dry stalks blush with didate for President of the United the green glow of new growth that MORNING BUSINESS States, used to send friends unflat- springtime’s new calves tentatively Mr. REID. Mr. President, I ask the tering pictures of himself in safari garb nibble. The cattle are happy for the Senate now proceed to a period of holding a rifle in one hand and his

VerDate Mar 15 2010 20:48 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00048 Fmt 4637 Sfmt 0634 E:\2002SENATE\S21MR2.REC S21MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 21, 2002 CONGRESSIONAL RECORD — SENATE S2241 trademark pipe in the other. I always Ukraine’s success as an independent, parable to men. This change in the in- thought it was to remind folks you democratic, economically successful fection pattern is tragic not only be- didn’t have to be Redford handsome or state is vital to stability and security cause the increase is a reflection of Kennedy strong to go after big game. and Europe, and Ukraine has, over the women and girls’ inability to say no, in What you do have to be, though, is last decade, enjoyed a strong relation- many instances, to unwanted sexual committed to the idea that we are put ship with the United States. This posi- advances, but also because the more here for something more than just tive relationship, however, has been in- women who are infected, the greater serving ourselves. creasingly tested in the last few years the number of babies there are who are I like to think I am committed to because of pervasive levels of corrup- liable to contract HIV during birth or that idea. I hope when I am through I tion in Ukraine and the still-unre- from drinking their infected mother’s will be judged to have been half as solved case of murdered investigative breast milk. committed to it as one of the biggest journalist Georgiy Gongadze and other The good news is that the inter- little men I have been privileged to issues which call into question the national community is beginning not know, George Cunningham. Ukrainian authorities’ commitment to only to recognize the need for more ac- f the rule of law and respect of human tion, it is beginning to take more ac- tion. We are beginning to go beyond PARLIAMENTARY ELECTIONS IN rights. Ukraine enjoys goodwill in the rhetoric towards concrete steps. We UKRAINE United States Senate and remains one have established Global Funds for HIV/ Mr. CAMPBELL. Mr. President, yes- of our largest recipients of U.S. assist- AIDS, Tuberculosis and Malaria. The terday the Senate, with bipartisan sup- ance in the world. These elections are U.S. Government has increased the port, agreed to S. Res. 205, a resolution an important indication of the Ukrain- amount of spending on bilateral pro- urging the Government of Ukraine to ian authorities’ commitment to con- grams. The problem is that we have ensure a democratic, transparent, and solidate democracy and to demonstrate not yet gone far enough. Despite our fair election process leading up to the a serious intent regarding integration efforts to date, the problem continues March 31 parliamentary elections. I ap- into the Euro-Atlantic community. to grow. preciate Chairman BIDEN and Senator f There are no easy solutions. I will HELMS’ support in committee and the not stand here and say that I have a leadership for ensuring timely consid- NEXT STEPS IN THE FIGHT magic formula for stopping the spread eration of this important resolution. AGAINST HIV/AIDS of HIV/AIDS. We must recognize, how- In adopting S. Res. 205, the United Mr. BIDEN. Mr. President, by now I ever, that while the problem is not States Senate expresses interest in, hope that all of my colleagues are going away any time soon, there are and concerns for, a genuinely free and aware of the extent of the HIV/AIDS some steps we can take immediately fair parliamentary election process epidemic. The spread of the disease is and in the long-term that will help which enables all of the various elec- of grave humanitarian and security mitigate the effects of the disease and tion blocs and political parties to com- concern to the United States. eventually stop it in its tracks. pete on a level playing field. While ex- Last year alone, 3 million people died A serious commitment is required. A pressing support for the efforts of the as a result of the disease. I have yet to lot of times when we talk about com- Ukrainian people to promote democ- see a study or data which suggests that mitment in this chamber we are talk- racy, rule of law, and human rights, the number will not increase in 2002. ing about 6 to 18 months. I am talking the resolution urges the Ukrainian In January of 2000 the National Intel- about a commitment of years. Not 2 government to enforce impartially the ligence Council released a National In- years. Not 3 years. Start thinking in new election law and to meet its OSCE telligence Estimate entitled ‘‘The terms of a decade or more. According commitments on democratic elections. Global Infectious Disease Threat and to the UN, studies of middle and low- I want to underscore commitments un- its Implications for the United States.’’ income countries where interventions dertaken by the 55 OSCE participating The report stated that ‘‘the severe so- have slowed the spread of the disease, States, including Ukraine, to build, cial and economic impact of infectious we need to spend $7 to $10 billion annu- consolidate, and strengthen democracy diseases, particularly HIV/AIDS, and ally on treatment, care and support in as the only form of government for the infiltration of these diseases into the developing world for the next 10 each of our nations. the ruling political and military elites years if we are to change current The Commission on Security and Co- and middle classes of developing coun- trends. operation in Europe, the Helsinki Com- tries are likely to intensify the strug- The UN estimates that if we are mission, which I chair has monitored gle for political power to control scarce going to bring HIV infection rates closely the situation in Ukraine and state resources. This will hamper the down, by the year 2005 the inter- has a long record of support for the as- development of a civil society and national community is going to have pirations of the Ukrainian people for other underpinnings of democracy and to scale up spending to $9.2 billion. human rights and democratic free- will increase pressure on democratic That money does not include funds for doms. A recent Commission briefing on transitions in regions such as the FSU improving the health and education in- the parliamentary elections brought [former Soviet Union] and Sub-Saharan frastructure in developing countries. It together experts to assess the conduct Africa where the infectious disease bur- only covers prevention care and sup- of the campaign. High level visits to den will add to economic misery and port programs. 2001 expenditures, ac- Ukraine have underscored the impor- political polarization.’’ cording to this same report were only tance the United States attaches to On February 13 of this year I chaired $1.8 billion. these elections in the run up to presi- a hearing on the future of America’s bi- We have a long way to go. And we dential elections scheduled for 2004. lateral and multilateral response to will have to readjust our mind-sets As of today, with less than two weeks the epidemic. What I learned was both such that we are prepared to stay the left before the elections, it remains an encouraging and discouraging. First, course financially for a long time to open question as to whether the elec- the bad news. The disease continues to come, or nothing we do is going to have tions will be a step forward for spread. Last year, five million people a lasting impact. Ukraine. Despite considerable inter- were infected with HIV/AIDS, bringing So what is to be done if we are will- national attention, there are credible the total number of people with the ing to adopt such an approach? reports of various abuses and viola- disease to 40 million. There are more The ultimate solution to this prob- tions of the election law, including AIDS orphans than ever before, over lem is the development of a vaccine. candidates refused access to media, the 10.4 million, and that number is ex- Scientists are working on one, but Dr. unlawful use of public funds and facili- pected to more than double in the next Anthony Fauci, director of the Na- ties, and government pressure on cer- 8 years as more and more adults fall ill tional Institute of Allergy and Infec- tain political parties, candidates and and die. tious Diseases at the National Insti- media outlets, and a pro-government In some parts of the world, women tutes of Health was quoted in the Los bias in the public media. are becoming infected at rates com- Angeles Times on March 16 as saying

VerDate Mar 15 2010 20:48 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00049 Fmt 4637 Sfmt 0634 E:\2002SENATE\S21MR2.REC S21MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2242 CONGRESSIONAL RECORD — SENATE March 21, 2002 that this could take at least ten more mentation of the consolidated U.S. blood transfusion policies including years. In the meantime, we have got to strategy on a yearly basis. policies to prevent HIV infection undertake action to bring the infection The coordinator must have the au- through blood transfusions. Such pro- rate down as far as possible, and to thority to bring the point people on grams are especially needed in Africa. care for those who have contracted the HIV/AIDS programs in all the different Some people might contend that this disease. agencies to one table and have them should be a relatively low priority as Part of the problem we are having in figure out what tasks their respective the HIV infection rate from blood stopping the spread of HIV/AIDS is the agencies should be undertaking based transfusion is only 5 percent. I would basic barrier of underdevelopment. One on areas of comparative advantage and argue that we have to do everything we of the things that has facilitated the expertise. Finally, the coordinator can to address the spread of the dis- spread of the disease in developing na- needs the authority to eliminate over- ease, and that this is an intervention tions has been lack of infrastructure, laps where possible, identify gaps and that is straightforward, and that has mainly in the communication, edu- decisively settle turf disputes among benefits that extend beyond combating cation and health sectors. People in re- agencies about areas of responsibility. HIV/AIDS. mote villages in a poor country do not The second step to enhancing the At the Foreign Relations Committee have the luxury of picking up a local U.S. response is beginning the process hearing on HIV/AIDS on February 13, paper or watching the local news on of providing deeper levels of debt relief USAID Administrator Natsios indi- their televisions. There is no easy way to poor nations. It may take a while cated that to the best of his knowledge to spread the word about the HIV/ for countries to realize these savings, less than fifty percent of African coun- AIDS. If there are schools, they are ir- but we have got to begin negotiations tries have developed a national blood regularly attended, which blocks an- for an enhanced Heavily Indebted Poor transfusion policy and less than one other avenue of informing people about Countries Initiative right away. We third of African countries have a sys- the disease. must make sure that countries where tem in place to limit HIV transmission Health in poor countries are deplor- there is a severe HIV/AIDS emergency through blood transfusions. Here in able. Helping countries improve basic and which are at or beyond a decision America we have virtually eliminated health services will go a long way to- point in the HIPC process are paying the threat of contacting HIV/AIDS wards addressing HIV/AIDS. This in- no more than 5 percent their fiscal rev- through blood transfusion by adopting cludes training medical personnel, enue in debt servicing. Countries where screening and evaluation policies. building and or repairing clinics and there is no health emergency should be We have the expertise to see that providing medical supplies and equip- paying no more than 10 percent of fis- health care workers in Africa and else- ment. The benefits of improved health cal revenue in debt servicing. where are properly trained in appro- infrastructure are enormous. HIV/AIDS Why enhance debt relief? Because all priate clinical use of blood transfusions is not the only disease affecting poor the early indicators are that debt relief and in proper transfusions techniques. countries. By improving health infra- works. According to the World Bank, We can teach best practices for testing. structure, we improve the level of ac- Burkina Faso, Uganda, and Malawi are We can show countries how to recruit cess to basic health care for other dis- all using debt relief saving to fight and retain non-remunerated blood do- eases such as tuberculosis and malaria. HIV/AIDS. Now is not the time to be nors from uninfected portions of the And devoting more resources to im- come complacent, but to make a bold population so that a safe, tested bloods proving the health sector has the ad- move forward, to capitalize on this suc- supply is available. Last year in Africa, vantage of laying down the ground- cess by taking debt relief one step far- 3.4 million people were infected with work for AIDS treatment activities. ther. HIV. If there had been national sys- Addressing educational needs and Part and parcel with enhanced debt tems to monitor, manage and test the health infrastructure are two long- relief should be the provision of tech- blood guppy for HIV, perhaps as many term investments that the United nical assistance to countries, to ensure as 170,000 of those people might be HIV States, in conjunction with our inter- that an adequate amount of debt relief free today. national partners need to make. This savings are devoted to programs to Another way to strengthen U.S. re- disease is going to be around for a long combat HIV/AIDS. sponse is to expand programs that spe- time. Especially if we fail to act. We must expand the provision of cru- cifically focus on women and girls. Due What should we do in the short term cial interventions such as voluntary to biological vulnerability, and eco- to address the global epidemic? There testing and counseling if we are to en- nomic and social pressures, women and are several things that we can do im- hance the U.S. response to HIV/AIDS. girls in Africa are far more likely to mediately to enhance our response. Voluntary testing and counseling is a contract HIV than boys and men the First, we should strengthen coordina- cornerstone of intervention. One par- same age. According to UNAIDS, girls tion of U.S. agencies so that we are ticular study conducted in three Afri- age 15 to 19 are almost eight times dealing with the problem in the most can countries showed that given the more likely to be infected with HIV/ efficient way. The President has taken opportunity for such testing, 60 percent AIDS than their male counterparts. some steps to address it, naming Sec- of adults would take advantage. It also Women aged 20 to 24 were 3 times more retary of State Colin Powell and showed that only 15 percent of those likely to be HIV-positive chant their Tommy Thompson, Secretary of Health same people had access to this service. male peers. and Human Services, as co-chairs of a Think about it. Fifteen percent of There is no easy way to counteract Cabinet-level task force on the global those who wanted to know if they had this phenomenon, but there are a num- HIV/AIDS threat. I do not believe, how- HIV/AIDS were able to get an answer. ber of steps which can be taken. In the ever that this really solves the prob- The importance of voluntary testing long term, social and cultural norms lem. and counseling cannot be overstated. must be changed to increase the eco- Developing an integrated U.S. re- Once people find out whether or not nomic and social independence of sponse to the global AIDS epidemic they are infected with HIV, they are women. It is easier for a woman to re- will require more time and energy than able to make decisions about behavior ject unwanted sexual advances if she is two Cabinet-level Secretaries can de- change that can save their lives and able to provide materially for herself vote to it. We need someone working the lives of their partners, spouses and and her children. Men must be edu- full time on integrating the great work children. It is crucial that we provide cated as to the dangers of unprotected that different U.S. agencies are doing. the funds to training more counselors, extramarital sex. In addition, we must He or she must have the authority to and deliver more rapid test kits to emphasize education programs. It is develop a U.S. policy response that is areas of need so that those who want imperative that young people know informed by all U.S. government agen- testing and counseling can obtain it. how to prevent the spread of HIV/AIDS. cies spending money on HIV/AIDS. In addition to the above activities, I There are solutions which we must This person should be accountable for encourage the administration to ex- work on with renewed vigor. the implementation of the strategy, pand its efforts to help developing na- Right now, today, we must channel and required to report on the imple- tions craft and implement national more resources towards research into

VerDate Mar 15 2010 20:48 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00050 Fmt 4637 Sfmt 0634 E:\2002SENATE\S21MR2.REC S21MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 21, 2002 CONGRESSIONAL RECORD — SENATE S2243 female controlled and initiated meth- The Global Fund is a welcome addi- dismay at the news of yet another sui- ods of prevention such as the female tion to the fight against HIV/AIDS, but cide bombing in Jerusalem. My condom and microbicides. it must be just that—an addition. Con- thoughts and prayers go out to the vic- A usable microbicide must be devel- tributions must not take the place of tims and their families. oped so that women, with or without bilateral programs. Israel, a democratic state and a the consent of a partner, can protect Finally, I submit that the job of de- staunch friend and ally of the United themselves from HIV/AIDS. We are at feating HIV/AIDS is too big for the States, has a simple desire that all sov- least five years away from the avail- United States to handle alone. We need ereign nations share: that it may live ability of a first generation product. the help of the international commu- in peace within secure and stable bor- Not only must we see that one is devel- nity. I cannot state this in strong ders, free from the terror and senseless oped, we must make sure that it is usa- enough terms. We must encourage acts of violence. ble and made available in developing other donors to do their share to help I condemn this terrorism and those countries, that women are informed halt the epidemic. The U.S. Govern- who carry it out. How many more inno- about its availability, and that they ment provides nearly 50 percent of HIV/ cent lives must be lost before Chair- are instructed in its use. AIDS assistance funds. This is 4 times man Arafat takes decisive and con- We should put more money into in- as much as the next donor. It is imper- certed action to reign in the terrorists creasing the availability of the female ative that other donors be full partners and put an end to their brutal cam- condom, and continuing to refine the in this fight both in their bilateral pro- paign? He made a commitment at Oslo product. The female condom is not a grams and their pledges to the Global to settle the differences between Pal- miracle solution. Critics contend that Fund. We cannot win this war without estinians and Israelis peacefully and he women cannot use them without the their help. must live up to that pledge. knowledge of their partners, therefore The steps I have outlined above are I am pleased that President Bush has it is redundant to make them available just that. None of what I have talked sent General Zinni back to the Middle when the male condom is so readily about is a prescription for a solution to East to broker a cease-fire and get both available. What I would say is that if the AIDS epidemic. Most of it is not sides to adhere to the Tenet Plan. To put it mildly, he has a long road ahead we are willing to make the choice new. I simply stand here before you of him and there is a lot of work to be available to men to use protection, we today to point out that despite our best should be willing to give women a done. efforts the virus is marching on. How- Three articles discuss the situation choice about protecting themselves as ever the situation is not hopeless by in the Middle East: one by Washington well. any means. The United States has been Right now part of the reason that fe- Times columnist Mona Charon, an- an innovator, devising effective pro- other by Libby Werthan from the Nash- male condoms are not available is grams to mitigate and reverse the glob- price. A bulk purchase would serve to ville Jewish paper, the Observer, and fi- al spread of AIDS. We cannot stop. nally an article by Naomi Regan called lower the cost to the consumer. An- I hope that Congress and the Admin- other problem is information. We must ‘‘Living in Parallel Universe.’’ istration can work together to reinvig- Each article in its own way describes teach people about the female orate and enhance current efforts to some of the pain, anguish, and despair condom’s existence, and show people stem the tide of HIV/AIDS infection that Israelis feel over the continuing how to use it. and care for and support those with the The female condom is the only fe- acts of violence and the collapse of the disease. Failure to do so will mean the peace process. I urge my colleagues to male initiated method of prevention death of an entire generation of people. available right now to women living in read these articles and take their mes- That is much too steep a price to pay. sage to heart. Israel wants peace. Israel societies where their ability to make f choices about when and with whom needs peace. Israel deserves peace. I hope the day will come when I will they are physically intimate are in LOCAL LAW ENFORCEMENT ACT not have to come to the Senate floor to some cases limited, and in other cases OF 2001 condemn yet another bombing. Enough non-existent. Since the beginning of Mr. SMITH of Oregon. Mr. President, is enough. I urge General Zinni and the the epidemic, 10 million women have I rise today to speak about hate crimes administration to do all that they can died of HIV/AIDS, over a million of legislation I introduced with Senator to help bring about an end the violence them in the past year. Women are be- KENNEDY in March of last year. The and the resumption of peace talks. coming increasingly affected. We must Local Law Enforcement Act of 2001 I ask unanimous consent to print in use every means we have to reverse would add new categories to current the RECORD the articles I cited. these trends. hate crimes legislation sending a sig- There being no objection, the mate- I would also submit that it is impor- nal that violence of any kind is unac- rial was ordered to be printed in the tant that the United States give gener- ceptable in our society. RECORD, as follows: ously to the Global Fund for AIDS, Tu- I would like to describe a terrible [From the Augusta Chronicle, March 9, 2002] berculosis and Malaria. The U.S. must crime that occurred February 2, 1998, FLAWED SAUDI PEACE PLAN EXPOSED consistently show leadership in our do- in Corvallis, OR. A gay high school stu- (By Mona Charen) nations. In May of last year, the Presi- dent was beaten by three youths who Imagine for a moment that all reporting dent pledged $200 million in seed used anti-gay epithets. Robert P. about the U.S. war on terrorism was pre- money for the fund. Other nations fol- Huffaker and Michael B. Nash, both 16, sented without reference to Sept. 11. Amer- lowed suit. None of them pledged more and Cyle A. Schroeder, 15, were charged ican attacks from the air using B–52s and F– than the United States. The UK, Japan, with third-degree assault and first-de- 16s against fighters armed with small weap- and Italy all pledged $200 million. This gree intimidation in connection with ons would seem quite disproportionate. Our is a perfect example of the fact that the incident. stated intention to kill as many members of where the U.S. leads, others will fol- I believe that government’s first duty al Qaida as possible might be condemned, by low. There are now almost $2 billion in our own Department of State, as ‘‘excessive’’ is to defend its citizens, to defend them and ‘‘contributing to the cycle of violence.’’ pledges for the fund; $800 million is ex- against the harms that come out of But U.S. actions are never presented that pected to be available this year. The hate. The Local Law Enforcement En- way, because everyone acknowledges that we call for proposals went out in January, hancement Act of 2001 is now a symbol have the perfect right to defend ourselves and the first grants are expected to be that can become substance. I believe against those who have done us grave harm. made in April. that by passing this legislation and Nor are we asked to sit by and wait for our While I in no way fault the President changing current law, we can change enemies to do us even more catastrophic damage if they get the chance. But when it for his initial pledge, I can’t help but hearts and minds as well. wonder how much money would have comes to the Israeli/Palestinian conflict, the f context is removed. Bleeding Israel is daily been donated to the Global Fund this VIOLENCE IN THE MIDDLE EAST exhorted to stop contributing the cycle of vi- past year if America’s contribution had olence. Her teen-agers are blown to bits at been $500 million instead of $200 mil- Mrs. FEINSTEIN. Mr. President, I discotheques. Her babies are approached out- lion. rise today to express my concern and side a synagogue by a suicide bomber who

VerDate Mar 15 2010 20:48 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00051 Fmt 4637 Sfmt 0634 E:\2002SENATE\S21MR2.REC S21MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2244 CONGRESSIONAL RECORD — SENATE March 21, 2002 waits until he is next to the strollers before which calls the murder of noncombatants a [From the Observer (the Nashville Jewish blowing himself apart. Her adolescent boys crime against humanity—in 11,326 terrorist paper)] who wander off in the desert and get lost are attacks over the last 18 months that has left (By Libby Werthan) torn to pieces. And all of this is applauded hundreds of Israelis dead and thousands in- Last night as I lay in my comfortable bed and celebrated by Yasser Arafat and most of jured. In my universe, that makes him a war in my lovely home planning a pleasant the Arab governments in the region. criminal. night’s sleep I could hear the guns in Gilo. Some Arabs (those among the minority But in the parallel universe, it makes him And I couldn’t sleep; not because I was fear- who acknowledge that Arabs are responsible) a great freedom fighter who deserves visits ful for my safety but because I couldn’t help condemned the bombing of the World Trade from diplomats, sympathy, and the offer to but think of all those people living in Gilo Center. But not a single Islamic scholar or head his own state where he can conceivably (two neighborhoods away from us) and how cleric has condemned the systemic policy of continue his activities with a formal cache terrified they must be—especially the chil- blowing up Israeli civilians. Israelis are de- of even more deadly weapons. In the parallel dren. Thank G-d only three people were in- moralized and terrified. Restaurants and universe, the people who think this way con- jured but fifty-two apartments were dam- shops are nearly empty. And, alone among sider themselves liberals and humanists. aged by terrorist machine gun fire. nations apparently, Israel is not permitted In my universe, Saudi Arabia, is a totali- I would like to try to convey to you what to engage in simple self-defense. tarian state which cuts off the limbs of life is like here right now. I have told you Nearly every dispatch from the Middle thieves and stones women suspected of adul- long before that I thought the Peace Process East lacks basic context. Here are some of tery, and drowns young daughters in swim- was just that a process that it wouldn’t lead the facts to keep in mind when reading these ming pools to preserve family honor. In my to peace. And unfortunately, it has turned flawed reports. universe, it is a place where women are non- out that way. At best, it was a holding pe- The PLO was not formed in order to secure persons who cannot work, or drive, or go out riod, a badly needed respite. In the years fol- a Palestinian state on the West Bank and unaccompanied by men. In my universe, its lowing Oslo, we had a kind of freedom—a Gaza. It was created in 1964, when both terri- exhibited medieval antisemitism: In Saudi green light, if you will; we could travel al- tories were under Arab sovereignty. Jordan Arabias government daily, Al-Riyadh, col- most anywhere, enjoy the country in rel- and Egypt did not create a state for the Pal- umnist Dr. Umayma Ahmad Al-Jalahma of ative safety. estinians because they preferred to keep the King Faysal University in Al-Dammam, After Arafat rejected the best deal he refugees angry and homeless. wrote on 13/3/02 that the special ingredient in would ever get and the Peace process came It is not ‘‘Palestinian land.’’ There has Jewish Purim holiday cake is human blood to a halt we found ourselves under constant never been an independent Palestinian state from non-Jewish youth. attack—suicide bombers (whom one expert on the land between the Mediterranean and In the parallel universe, this same Saudi said was a misnomer, that they should be the Jordan River. The area—which always Arabia has suggested that Israel withdraw to called Islamakazes), mortar attacks contained Arabs and Jews—was under Otto- its 67 borders for more empty promises of knifings, murders and drive-by shootings. man control for several hundred years until peace and this is considered a serious peace Every morning, we open our newspapers and World War I, then British control under the initiative which is soberly discussed by re- tally up how many people were killed (about League of Nations Mandate and finally under porters, politicians, talk show hosts, and edi- 350 to date) and how many more people were United Nations control. torial writers. permanently damaged—losing limbs, being The United Nations approved a partition In my universe, following ten years of burned so badly that they will never leave plan in 1947 that would have created two talking peace, signing agreements in which home, seeing loved ones murdered—they are states, on Jewish and one Arab. The Jews ac- the Palestinians agreed to renounce the use their families will never be the same. I am cepted this arrangement. The Arabs refused. of terror in exchange for Israel turning over talking about thousands of people in the last Five Arab armies invaded the new state of 95% of the West Bank and all of Gaza to 16 months, mostly children and young people Israel. In the ensuing war, thousands of refu- Yasir Arafats Palestinian Authority, giving under the age of thirty. gees fled. Jews fled Arab nations for Israel, the Authority millions of dollars and thou- What happened in America on 9/11 was hor- and Arabs fled Israel for Jordan, Egypt and sands of guns to control the terrorists, rifying. Over 3000 people lost their lives in Lebanon. The Jewish refugees became full Israelis were rewarded by having their chil- the World Trade Center. America has a popu- citizens of Israel. the Palestinian refugees dren blown up in pizza parlors, discos, bar lation of 278 million. Israel has a population became pawns. Israel came into possession of mitzvahs, and cafes; being shot in their cars, of 6 million. If you were to compare deaths the West Bank and Gaza only because she having rockets destroy their homes and per capita, Israel has experienced almost 5 was attacked again by five Arab armies in watching Palestinians, who were our peace World Trade Centers in the last year and a 1967. partners, celebrate these deaths in their half. And that’s only the deaths not the If the Palestinians are fighting for a state streets. In my universe, after wringing its thousands permanently injured. The major- on the West Bank and Gaza, why do their hands, and risking our lives, and making ity have been civilians going about their maps show Palestine as filling the entire ter- useless appeals to Arafat to reign in his ter- lives—mostly women and children. It’s pret- ritory that is now Israel? Why do they mari- rorists, our government finally sent in sol- ty devastating when you think about it. You nate their people in Hitlerian anti-Semitism diers to gather up the weapons. These terror- can imagine what this has done to the psy- and anti-Anercianism? Further, why—when ists, who are ready to make ‘‘brave’’ forays che of our country. Ehud Barak offered just such a state, or 95 into Israel in order to shoot nine month-old But what I find even more incredible is the percent of it—did Arafat walk away and babies and grandmothers, engaged in a short response of Israel to this assault. The Israeli start this latest round of violence? Pales- gun battle until forced to surrender when Army, has the power and ability to go in and tinian spokesman say it wasn’t everything confronted by armed combatants. take over the whole Palestinian entity in a they wanted. But if they truly want a sepa- In the parallel universe, Israelis are con- matter of days. But they haven’t done it. In- rate state on so-called ‘‘occupied territory,’’ demned for ‘‘humiliating’’ Palestinians, and stead they have targeted the ringleaders, the why did Barak’s offer not form the basis for calls go out for international observers to bomb makers and their installations (and further talks? protect Palestinians. been criticized for it). They have isolated The Palestinians are said to be chafing In my universe, the United States, which Arafat, the Father of Terrorism, (and been under the ‘‘occupation.’’ But in obedience to has always seen itself as Israel’s greatest criticized for it). They have bombed the in- the Oslo process, Israel has given adminis- ally, and which has itself suffered thousands stallations of the Palestinian Authority but trative authority over 98 percent of the Pal- of casualties from terrorist attacks by Mus- not without first telling them that they are estinians in the disputed territories to lim extremists, calls on Yasir Arafat to stop going to do it. So when they do bomb build- Arafat. Israel has further permitted the Pal- the terror on Israelis, and is ignored. ings, they are empty. They make every at- estinian Authority to arm 40,000 ‘‘police.’’ In the parallel universe, Israel’s greatest tempt to avoid injuring any civilians. When If the Saudi ‘‘peace plan’’ were serious— ally reacts by calling for the establishment the army entered the two refugee camps and not an attempt to divert attention from of a Palestinian State, in which Mr. Arafat, (which by the way are so vicious and inde- the Saudi role in Sept. 11 and its sponsorship like any other head of State, can establish pendent that the Palestinian police won’t of Islamic extremism worldwide—why didn’t his own army, airforce, and police force and enter them), they gave the civilians three Saudi Arabia offer it before? import unlimited amounts of arms. Where he hours to leave the camp to get out of harm’s Why is it impossible for the Palestinian can continue his present educational system, way. In view of the horrors perpetrated Authority to give Israel what Sharon has de- encouraging toddlers to view themselves as against us ours is the most measured of re- manded—just three days of respite from ter- future Shahids, where present educational sponses. And yet the media doesn’t report it ror attacks? system, encouraging toddlers to view them- that way—they can’t if they want to con- selves as future Shahids; where his television tinue to have access to the Palestinians. So LIVING IN A PARALLEL UNIVERSE and radio broadcasts can continue to show they talk about Israel’s heavy-handedness, (By Naomi Ragen) blood libels, and revel in nonstop incitement. they talk about occupation, when 98% of the As an Israeli, I don’t always feel I’m living Where instead of terrorist attacks, he can territories are under Palestinian control, in the same universe as the rest of the world. prepare himself to launch all-out war. they highlight the Palestinian deaths and We seem to be in parallel universes. I invite all those who are convinced they over look many of ours. The media, when In my universe, Yasir Arafat has violated know what Israel should do, to visit my uni- being even-handed, will interview both a Pal- the Geneva Convention on Human Rights— verse before giving advice. estinian and an Israeli. But the Israelis they

VerDate Mar 15 2010 20:48 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00052 Fmt 4637 Sfmt 0634 E:\2002SENATE\S21MR2.REC S21MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 21, 2002 CONGRESSIONAL RECORD — SENATE S2245 pick are either to the far Left or the far thank each one personally for coming. Our key levers of power and thwarts the Right and are clearly not representative of hotels and restaurants are closing. Our tour democratic will of the vast majority of main stream Israel. Last week they ran a guides and bus companies are out of work. Iranians. story about a Palestinian women coming Where are you when we need you? Are you More significantly, he lists five spe- into Israel to give birth and being wounded writing to the Congress to thank them for in the shoulder when her car ran a road- their support? Are you writing to the Presi- cific steps that the United States can block. The don’t follow it up with the fact dent? What about letters to the editor? Are take to increase Iran’s international that she was taken quickly taken to hospital you countering Palestinian propaganda on linkages and reach out to those in Iran where she gave birth to a healthy baby and the college campuses? Are you writing to who take risks to bring about change recovered from her wound. Nor do they tell CNN and NPR when their reporting is clearly and reform. Mr. BIDEN’S speech has you that the very next day a pregnant Israeli biased? Are you letting people here know touched off a spirited debate in Iran woman was ambushed on the highway and that you care? Have you contributed to a about how to respond to his initiative. shot in the abdomen as a gift to the Pales- victim relief fund? What’s happening, folks? tinian woman. We go after those who are When I was in America last month, I saw a Like my colleague from Delaware, I killing us. We do not respond by targeting ci- lot of hand wringing and got a lot of sympa- do not believe that our many dif- vilians. thetic comments. Mostly, people wanted to ferences with the Islamic Republic of I said earlier that for ten years we had a know why I didn’t come back and live there. Iran should close off opportunities to green light. We no longer have that green And what did I answer? I told them that we influence Iranian behavior and work light. It has been replaced by a flashing yel- have had the most fabulous twelve years of together constructively when we may low light. We still live our normal lives—go our lives here. Grant you the last months share common interests, such as in Af- to work—go to the mall—go to the movies— have been painful. But when I think about ghanistan; assisting with and re-locat- make gourmet dinners—have weddings and why I am here, what is boils down to is that bar mizvahs—work out—plant gardens—go living her is the most important statement ing refugees displaced by the Afghan to lectures, concerts, and plays—all the nor- that I can make with my life. war; controlling the international nar- mal things one does. Except that flashing Since I began this letter, the situation has cotics trade; and, perhaps, regarding yellow light makes us more aware of where become increasing worse. While we appre- the future of Iraq. we are and who’s around us. When we hear hend and thwart countless attackers, we Our policies must also assist those in more than one siren, as we did last night, we cannot catch them all. Some slip through. Iran advocating reform and change in run and turn on the news—another suicide On Thursday, I sent Moshe down to the gro- the Iranian government. Supporting bomber blew himself up in a crowded reli- cery (here the grocery is so close you can Iranian admittance to the World Trade gious neighborhood. When we hear an explo- walk) to pick up a few things I had forgot- sion, it could be something on a construction ten. When he arrived, the whole areas had Organization, for example, would site or a car backfire, but we think bomb. been blocked off, all traffic stopped. And po- strengthen the hands of reformers in You might expect us to go around with long lice everywhere. Just minutes before, a sui- the Iranian parliament and elsewhere faces and sometimes we do, but mostly not. cide bomber had entered a very popular out- who seek to undertake the structural Nevertheless we are always hurting inside. door cafe but had been noticed by a customer economic reforms that, over time, We know so many are grieving. We see the who alerted a waiter and together they could lead to more open political and pictures of the beautiful young people who pushed him out of the cafe and at the same economic systems for the Iranian peo- have been killed and our hearts are breaking. time ripped out the wires of the bomb—and ple. The hardest part for me and, I think, others saved the lives of scores of people. These is that there is no end in sight. How long can were just ordinary people, but they per- I strongly support Mr. BIDEN’S rec- this go on? What will happen next? formed an extraordinary task. On Friday the ommendations, including his invita- The talk is always, let’s achieve calm let’s cafe was again packed. Saturday night a tion to meet with members of the Ira- get back to the negotiating table. But with bomber entering another packed cafe in the nian parliament. I encourage my col- whom are we going to negotiate? Arafat? center of town was not detected in time—13 leagues in the Senate to read Mr. Arafat, the inventor of terrorism; the con- were killed and over 50 wounded. BIDEN’S speech when considering next summate liar! A man who prays for the In about an hour, Moshe and I and many of peace of the brave on the New York Times steps in U.S. policy toward Iran. our neighbors are going to take a walk in the Mr. President, I ask unanimous con- Op Ed page and at the very same time shouts Jerusalem Peace Forest—a part of the Prom- Jihad, a million martyrs on to Jerusalem to enade that looks out over Jerusalem. Per- sent that Senator BIDEN’S speech be his own people in Arabic. A man who has not haps you have been there. It is a popular printed in the RECORD. only abused the opportunity offered him for tourist spot. Some weeks ago in this place, a There being no objection, the mate- peace but has brutally abused his own people young Israeli college student, a girl, was at- rial was ordered to be printed in the by manipulation and lies. he is every bit as tacked by a gang of Arab teenagers and RECORD, as follows: vicious as Ben Laden. Would America nego- stabbed to death. Our walk is symbolic. It’s REMARKS BY JOSEPH R. BIDEN, JR.—‘‘PROS- tiate with Ben Laden? With whom then are our way of saying you can’t take our favor- PECTS FOR PROGRESS: AMERICA AND IRAN we going to negotiate? And if we do find ite places away from us. We won’t give in to AFTER 9–11’’ someone how meaningful will a signed piece your terror. of paper be? There are three generations of I could tell you many, many stories but I It is an honor to be invited to speak before Palestinians here who have learned to hate think you get the picture. This is a war that such a distinguished gathering. Jews from birth; who’s greatest mitzvah is is difficult to win; if you defeat your enemy, The number of accomplished individuals in to kill a Jew. How can that change with a you wind up with a captive hostile popu- the audience today is a testament to the ex- piece of paper? lation and territories that you must occupy; traordinary achievements of the thriving We are at a terrible impasse her. How do if you make an accommodation with the Iranian-American community. You have en- we protect ourselves and at the same time enemy, it won’t assure you of safety or that riched the United States with your many create a Palestinian entity that is self-suffi- attitudes will change. It will only put you in talents, and your cultural traditions have cient and independent of us. This is it. This an even less secure situation. strengthened the diversity of our country. is what every Israeli wants. If you believe in prayer, please pray for us. You also have a critical role to play in And what about you? Where do you fit into Both the Israeli and the Palestinian popu- serving as a bridge between Iran and the this Jewish world of ours? I have told you lations are victimized. We are going through United States. about Israel, but what about Argentina a living Hell. Today, I would like to share with you my where over half of the Jews there are not liv- views on United States policy toward Iran ing under the poverty line, or France where f and the kind of relationship I believe Iran Jews are experiencing a huge upsurge of NEXT STEPS IN U.S. POLICY and the United States should have. To save anti-Semitism. TOWARD IRAN you the suspense, the short answer is—a And what about America? I don’t know much better relationship than we currently that much about America; but what I do Mr. HAGEL. Mr. President, I will ask enjoy. know disturbs me. I hear very little raised in unanimous consent to have printed in I say this for one simple reason—I believe the way of protests against the biased media the RECORD a very thoughtful speech that an improved relationship with Iran is in and little rallying in support of Israel com- by my colleague, Mr. BIDEN, on U.S. the naked self-interest of the United States ing from the Jewish communities in Amer- policy toward Iran, which he delivered of America. ica. What I do know is that the Arab propa- before the American-Iranian Council Iran sits in the geo-political heart of a re- ganda is so strong and effective in the US on March 13, 2002. gion that has long been important to our se- that on the college campuses your children curity concerns. and grandchildren have never been more Mr. BIDEN offers a realistic assess- On its Eastern frontier sits a newly-liber- distanced from Israel and are in fact ment of the challenges of dealing with ated Afghanistan where the military mission ashamed of her. American Jewish visitors a divided government in Iran, where an is far from over. Farther East is a nuclear- are so few here that we can practically unelected, ‘‘hardcore clique’’ holds the armed Pakistan that just a short while ago

VerDate Mar 15 2010 20:48 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00053 Fmt 4637 Sfmt 0634 E:\2002SENATE\S21MR2.REC S21MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2246 CONGRESSIONAL RECORD — SENATE March 21, 2002 stood on the precipice of a potentially dev- and destabilizing capabilities. There are a Those who seek change want to increase astating conflict with its arch-rival India. number of options for doing so. Iran’s international linkages. To the West is a recalcitrant Iraq, with a We cannot simply dismiss Iran’s security Let me outline five specific steps the dangerous leader who Iranians grew to know concerns. They’ve been the victims of chem- United States can take. all too well during the long and bloody Iran- ical weapons attacks by Iraq. But the neigh- First, the Bush Administration should Iraq war. To the North are the undemo- borhood has the potential to change for the issue a general license to permit American cratic, potentially energy-rich states of Cen- better. non-governmental organizations to finan- tral Asia and the conflict-ridden Caucasus. Already, the Taliban menace no longer cially support a broad range of civil society, To the South are several American allies threatens Iran. Next door, Pakistan’s Presi- cultural, human rights, and democracy- that sit atop the largest known oil reserves dent is reigning in religious extremism. building activities in Iran. Such funding is on the face of the earth. And I believe that the U.S. will ultimately currently banned by Executive Order. So it is not an understatement to say that have to facilitate a regime-change in Iraq. It is unfortunate that it is our own govern- the direction Iran takes in the coming years These three developments alone would dra- ment, not hard-line clerics in Tehran, that will have a significant impact upon Amer- matically alter Iran’s security environment have prevented practitioners of democracy ican strategic interests in this region. for the better. in America from aiding their struggling Clearly, we cannot speak of Iran’s direc- We must also be willing to hold discussions counterparts in Iran. tion without addressing its internal political with Iran to develop creative solutions as we Second, we should continue to work with dynamics. Since President Khatami’s elec- did in North Korea. And we must step up our Iran on matters of mutual interest as we did tion in 1997, Iran has been embroiled in a efforts to end support by Russian entities for on Afghanistan. gradually escalating power struggle that the Iranian nuclear and missile efforts. In my It is true that some hard-line elements in outside world has watched with considerable view, this hasn’t received enough attention Iran are clearly interested in stirring up interest. over the past year. trouble in Afghanistan, but the story that While elections haven’t been perfect, the Clearly, although we must combat the many don’t know is that Iran and the United Iranian people have made clear in four sepa- spread of weapons of mass destruction to any States coordinated their efforts on Afghani- rate ballots over four years that they are de- country, the threat from Iran is not simply stan closely over the past several months. manding fundamental change. a function of capability, but of intention as The dialogue on Afghanistan should serve The result of these elections has been the well. as a model and should be extended to other creation of a divided government. An elected If Iran evolves in a more democratic direc- areas of mutual interest, like the future of branch consisting of the parliament and the tion and the U.S.-Iranian relationship im- Iraq another topic for discussion and co- Presidency that, by definition, is more in proves, then the threat it poses certainly operation. touch with the will of the people. will be reduced. Third, the United States should acquiesce Juxtaposed to that is an appointed branch This, then, raises the question of the ongo- to Iran’s bid to begin accession talks to the which holds many of the key levers of power ing power struggle underway in Iran. World Trade Organization. The process of ac- including the judiciary, security organiza- The United States is not in a position to cession would take several years, but Iran tions, and other bodies populated by those have a major impact on this struggle. Nor would have to make structural changes that whose vision largely revolves around the per- should we intervene in any direct way. would increase transparency and undermine petuation of their own authority. We should be mindful of the painful history the key power bases of the hard-liners. It is this hardcore clique which refuses to between our two countries, which includes Fourth, we should be willing to indirectly give way to the will of the people. Over the reported CIA support for a coup in 1953. And assist Iran on refugee and narcotics matters. past few years they have thwarted the goals it still resonates with many Iranians, and it Iran has a huge population of Afghan and of Iranian reformers. They’ve arrested jour- should counsel us to be extra-cautious. Iraqi refugees. American non-governmental nalists. They’ve imprisoned close allies of Nonetheless, we should be clear about organizations that assist refugees are willing the President, and often resorted to violence. where we stand. We are squarely with the to help and should be supported in their ef- They’ve harassed and persecuted minori- Iranian people in their desire for a demo- forts by our government. ties in Iran—Jews and the Baha’i. cratic government and a democratic society. Likewise, Iran has paid a heavy price in They direct policies that pose a threat to Iran has a disproportionately young popu- blood and treasure in battling narcotics traf- our interests. Not the least of which is that lation. Half of its people were born after the fickers on its eastern frontier. Iran has Iran continues to support terrorism and the Revolution. asked the international community for help escalation of violence in the Middle East. These young people and many of their par- and it makes sense to assist them through Its recent involvement with the Karine-A ents and grandparents have grown wary of the United Nations. arms smuggling incident is a reminder of the Iran’s isolation. Fifth, we should continue to encourage cit- policies that Iran must abandon if there is to They want Iran to take its rightful place izen exchanges. A track-two circuit has de- be a true rapprochement. And many ques- in the international community and to em- veloped in recent years and it is important tions remain unanswered about the role brace a rapidly-changing world. They want to keep it going. Organizations such as the played by some Iranians in the Khobar Tow- the same kinds of social, political, and eco- American Iranian Council, the Open Society ers attack that left 19 US servicemen dead. nomic freedoms that others enjoy. And they Institute, and the Nixon Center have played But shortly after September 11, ordinary deserve to have these aspirations fulfilled. a critical role, and I applaud them. Iranians held a spontaneous candlelight vigil As I said, we should have a better relation- I also applaud the President for his view in Tehran in solidarity with the victims. Yet ship with Iran. Unfortunately, that is not for that there should be a direct dialogue with some of Iran’s leaders don’t appear to under- us to decide. And it is unlikely to come Iran. In that regard, let me also extend an stand how drastically the world has changed about absent a change in the attitude or invitation in my capacity as Chairman of the after September 11. composition of the present Iranian regime. Foreign Relations Committee. I am prepared Their continuing support for groups such While the Bush Administration continues to receive members of the Iranian Majlis as Islamic Jihad puts them on the wrong side the policy of its predecessors by seeking dia- whenever its members would like to visit. If of the new fault-line separating civilization logue with Iran, some in Tehran have a dif- Iranian parliamentarians believe that’s too and those who seek chaos. As you all know, ferent view. sensitive, I’m prepared to meet them else- Iran is continuing an aggressive drive to de- Part of the government clearly wants to where. velop weapons of mass destruction and long- talk to us and has talked to us over Afghani- Without speaking for any of my colleagues, range missile systems. In these efforts, it re- stan for example. But hard-liners regard us I am confident that many of them would join ceives considerable foreign assistance, espe- as a useful bogeyman to continue to stir up in such an historic meeting. Indeed, some— cially from Russia. the passions of their most zealous and ardent including my friend Senator Arlen Specter— While support for terrorism appears to be stalwarts. did participate in an earlier brief encounter directed by those in the hard-line branch of So the question is what can we do from the at the Metropolitan Museum of Art orga- the government, the support for Iran’s mis- outside to help the Iranian people realize nized by the American Iranian Council. sile and nuclear weapons programs is more their aspirations. We should be under no illusions that these broad-based. In my judgment, we must direct our poli- steps will by themselves have a decisive im- The reason is a combination of three main cies in a way that they do not rest on the pact. The direction that Iran takes the form factors: first, fears over Iraq and to a far principle of reciprocity. of government it chooses are ultimately lesser degree, Pakistan. Second, the belief In other words, we should assume that the matters for the Iranian people to settle. that nuclear weapons will enhance Iran’s continuing power struggle will prevent Iran As we all know, Nowruz marks the start of stature. Finally, we cannot dismiss the fact from responding to any particular American Spring. Let us hope that in this season of re- that some elements within the government gestures. And take steps that are carefully newal that Iranians and Americans can find see a potential blackmail value in the acqui- calibrated with the aim of assisting those a way to build on shared interests and work sition of weapons of mass destruction and who seek change within Iran. constructively to overcome their differences long-range missile capability. How do we do it? First, we must recognize peacefully. Whatever the motivation, the United that the most entrenched elements in Iran I pledge to do my part and I know that all States must place the highest priority on seek to perpetuate Iran’s isolation through of you will lend your energies to this critical preventing Iran from gaining such dangerous confrontation with the outside world. effort.

VerDate Mar 15 2010 20:48 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00054 Fmt 4637 Sfmt 0634 E:\2002SENATE\S21MR2.REC S21MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 21, 2002 CONGRESSIONAL RECORD — SENATE S2247 Thank you. women have played in our country over tery. Second Lieutenant Maurice W. f the past ninety years. The leadership Harper, United States Army Air Corps, COMMEMORATING 90TH ANNIVER- qualities, self confidence and creative a native of Birmingham in the great SARY OF GIRL SCOUTS OF THE thinking that the Girl Scouts teach are State of Alabama, and Lieutenant USA all qualities essential in good citizens Colonel Earle Aber, United States and great leaders. Indeed, two-thirds of Army Air Corps, of Wisconsin, gave Mr. INOUYE. Mr. President, I wish to female doctors, lawyers, educators, their lives in defense of this Nation and express my sincere congratulations to community leaders and even women freedom on March 4, 1945 when the B– the Girl Scouts of the USA as it cele- members of Congress were once Girl 17G bomber they were flying was shot brates its 90th anniversary. Founded on Scouts. It is a true testament to the down while returning from a mission March 12, 1912, in Savannah, GA, the Girl Scouts that many of these women over Holland. organization has grown to 3.7 million believe that Girl Scouting has had a Over half a century later, the crash girls and women in the United States positive impact on their lives. site was located and 2nd Lt. Harper’s and a total of 8.5 million people in 140 The Alabama Girl Scouts are cele- remains, along with the remains of his countries. brating their 90th anniversary by help- pilot, Lieutenant Colonel Earle Aber, The longevity and strength of Girl ing to promote literacy with their were recovered in September, 1999 and Scouts is a testament to the commit- ‘‘Books for Alabama Kids’’ project. The identified by the Army Central Identi- ment of its members and volunteers to seven Girl Scout councils in Alabama fication Laboratory in Hawaii. Their uphold the highest standards of leader- have been collecting children’s books aircraft was severely damaged after it ship, social conscience, and civic duty. over the past 6 months to be donated to was mistakenly hit by British anti-air- I thank the thousands of adult volun- schools in the counties in which they craft guns which were firing at retreat- teers who devote their time and re- were collected. Tomorrow the books ing German bombers over the English sources to this worthy cause. will be presented on the Capitol steps coastline. Lt. Col. Aber ordered the I also wish to extend my commenda- in Montgomery. I would like to com- crew to bail-out while he and 2nd Lt. tion to Ms. Gladys A. Brandt, a Hawaii mend the Alabama Girl Scouts for Harper struggled at the controls of resident who is being honored as one of their community service and dedica- their damaged aircraft. Their selfless the first-ever National Women of Dis- tion to promoting literacy in the state. actions allowed the other nine mem- tinction by the Girl Scouts of the USA. I would like to acknowledge the nine bers of their crew to bail-out from the This award was created in conjunction decades of excellence of the Girl aircraft and survive the mission. There with the Girl Scouts’ 90th anniversary Scouts. We have seen tremendous was not enough time, however, for celebration, and it pays tribute to changes in our country over the years, these two brave airmen to escape and women who have demonstrated out- and they should be proud to have they perished when the aircraft standing service to girl scouting. Ha- adapted and flourished. It dem- crashed into the River Stour near waii is truly proud of Ms. Brandt and onstrates that building character and Ramsey, England. The remains of both grateful for her diligence in educating preparing for the future are qualities of these fine young men, that could be and serving young people. that never go out of style. identified, were returned to their fami- Once again, I express my best wishes Mr. NELSON of Florida. Mr. Presi- lies. Unfortunately, not all of the re- to Girl Scouts of the USA for contin- dent, it is with great pleasure that I mains could be positively identified. ued success, and I encourage the mem- rise today to recognize the Girl Scouts The co-mingled remains of these two bers of this organization to always live for their service to our country over fine Americans, still together after 57 up to the Girl Scout Promise and Girl the last 90 years. This anniversary years, will be laid to rest together at Scout Law in every facet of their lives. marks the day Juliette Gordon Low as- Arlington National Cemetery on March Mr. SHELBY. Mr. President, I rise sembled 18 girls from Savannah, GA, 22, 2002. today to pay tribute to the Girl Scouts for the Girl Scouts’ first meeting, and I would also like to take this time to of the USA, this month celebrating 90 celebrates the many wonderful mo- thank the professionals at the Army’s years of building character and enhanc- ments this organization has enjoyed Central Identification Laboratory in ing the life skills of our Nation’s young while growing to its current size of 3.8 Hawaii who continue their labors to women. The contributions and achieve- million members. identify the remains of our fallen sons ments of this outstanding organization Their mission to help all girls grow and daughters and return them to their have endured for nine decades, helping strong provides not just inspiration loved ones. girls to grow up courageous and strong. and guidance to those within their These two fine gentlemen, members I would like to praise the work of the ranks, but serves as an example for all of the ‘‘greatest generation,’’ deserve Girl Scouts, and in particular recognize the nation’s young women. Through the gratitude of this great Nation. I the Girl Scouts of Alabama, who num- service to society and the development know the Members of the Senate will ber almost 45,000 girls and women. of values, self-confidence and integrity, join me in honoring the sacrifices of Established on March 12, 1912, the the Girl Scouts of the USA are an in- these two brave men and expressing Girl Scouts are based on the noble be- spiration to our Nation’s youth, and our deepest condolences and heartfelt lief that all young women should be are instrumental in creating the next thanks to their families as they lay given the opportunity to develop phys- generation of good citizens and great their loved ones to rest tomorrow in ically, mentally and spiritually. Their leaders. the hallowed ground at Arlington. founder, Juliette Gordon Low, con- I am proud that Congress last week f vened that first meeting with just 18 honored the Girl Scouts accomplish- girls from Savannah, GA. Today her vi- ments with the passage of a resolution STAYING THE COURSE IN AFGHAN- sion continues with a national mem- marking March 10 through March 16, ISTAN: THE NEED FOR SECURITY bership of 3.8 million, making the Girl 2002 as ‘‘National Girl Scout Week,’’ Mr. BIDEN. Mr. President, about 2 Scouts the largest organization for and I look forward to future opportuni- months ago I spent half a week in the girls in the world. Over the years the ties to celebrate this organization’s Afghan capital city of Kabul, and vir- Girl Scouts have remained true to commitment and contribution to our tually every conversation I had during their founding principles, and still Nation’s young women. my time there revolved around a single abide by the Girl Scout Promise and f question: Would America stay the Law, just as they did in 1912. These course? principles emphasize honor, account- TRIBUTE TO SECOND LIEUTENANT After all our successful military ac- ability, courage, respect, God and MAURICE W. HARPER AND LIEU- tions, after all our promises on recon- country and are valuable lessons for TENANT COLONEL EARLE ABER struction, after all our commitments our young women to incorporate into Mr. SESSIONS. Mr. President, I rise to prevent Afghanistan from relapsing their lives. today to honor the sacrifice of two into chaos and warlordism, would we Girl Scouting has had a tremendous American patriots who will be interred really have the stomach to get the job impact on the evolving role that tomorrow at Arlington National Ceme- done?

VerDate Mar 15 2010 20:48 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00055 Fmt 4637 Sfmt 0634 E:\2002SENATE\S21MR2.REC S21MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2248 CONGRESSIONAL RECORD — SENATE March 21, 2002 Whether I was talking to refugees control over all or part of the country, But none of these elements are pos- living in bestial squalor, or to Chair- and they will provide safe haven to any sible without security on the ground. man Karzai in a palace where the elec- terrorists, drug-traffickers and violent That’s the central piece of the puzzle. tricity barely functione; insurgents willing to pay their price; If we establish security, all else can Whether I was talking to NATO sol- Second, these terrorists will once follow—and without it, nothing else diers in the international security again use Afghanistan as a base to can grow. force, to representatives of the U.N. launch attacks on the United States to For the long term, according to the and international humanitarian destabilize regimes all around the plans of the U.S. administration and groups, or to our own American serv- world. the U.N. organizers, Afghanistan’s in- icemen and servicewomen so valiantly If we don’t do the job right, mark my ternal and external security will be risking their lives for a just cause; words: U.S. troops will be right back in provided by a national army and police whoever I was talking to, the questions Afghanistan a year or two down the force. remained basically the same: Would we line, only this time, we will be doing This is the right way to go, and I have the steadiness, determination, the fighting all by ourselves. fully support all the efforts currently and commitment to remain engaged? Let us think about that for a mo- under way to create these institutions. Would we demonstrate the leadership ment. The victories we’ve seen over the But you can’t create them overnight. necessary to keep the international co- past 5 months have been American vic- It takes time to recruit, train, equip, alition together? Would we maintain tories—but they are not only American and solidify a truly capable, profes- our resolve for the long haul, once the victories. At every step along the way, sionalized force. immediate battles had been won and we have relied on our Afghan allies for In Kabul I received an extensive our nation’s attention had started to the bulk of the troops on the ground. briefing from Maj. Gen. McColl, the turn away from this remote and forbid- Whether we’re talking about battles British commander of the Inter- ding part of the world? for Kabul or Kandahar, for Mazar-e national Security force authorized by I will tell you now what I told them Sharif or Tora Bora, the pattern has the U.N. to maintain order in the cap- then: We can, we must, and we will. generally been hundreds of American ital. Let me take a few minutes to explain troops spearheading thousands of Af- Gen. McColl’s planners has worked what I mean, and how I see our role in ghan fighters. up a detailed strategy for creating an Afghanistan over months and, yes, the This pattern is far from perfect—as Afghan army and taking at least the years to come. But first, I suggest that the porousness of our cordon at Tora heavy weaponry away from local war- we all remember just why we sent Bora and, most recently, Shahi-kot lords. Even to create a bare-bones force troops to Afghanistan in the first demonstrate, sometimes Afghan troops of a few brigades, he found, would take place. I can sum it up in three sylla- are no substitute for U.S. infantrymen. up to 2 years. bles: 9–1–1. But without our Afghan allies, im- So what happens in the meantime? Our rationale for entering the fray perfect as they have sometimes been, What is happening right now? I am was very simple: Our Nation had come we would not have been able to achieve afraid the answer isn’t very encour- under attack, the most horrific single our impressive victories in anything aging. In the meantime—right now— attack we had ever experienced in all like the time-frame we have achieved Afghanistan is not-so-slowly falling our history, and the de facto rulers of them. back into chaos. Afghanistan were actively sheltering And that point is vital to our future The interim government of Hamid the terrorists who orchestrated this strategy: As many people in Kabul told Karzai exerts very little control over deed. We gave the Taliban every oppor- me, from Chairman Karzai right on most of the country: In Herat, Gen. tunity to surrender Usama bin Laden down to mud-on-the-boots G.I.s patrol- Ismail Khan rules as a semi-inde- and his band of thugs, but the Taliban ling the airbase at Bagram, we have pendent baron—and entertains emis- chose instead to link themselves ever only got one chance to do it right. more closely to al Qaeda. saries from Iran, who are anxious to The decision to go to war is never As I was constantly reminded, the expand their sphere of influence. easy, but in this case it was inevitable. U.S. pulled out of Afghanistan abruptly In Mazar-e Sharif, the brutal warlord The decision was made for us, as I and in 1989, just as soon as our short-term Gen. Abdurrashid Dostum has picked the rest of the Members here were as- objectives had been met. If we do so up where he left off when he was ousted sembling for morning business on a again, I was told time after time, then by the Taliban—and his record sug- Tuesday in September. we had better not expect any Afghans gests that he will take his current du- Our troops have done a truly out- to fight on our side when a new nest of ties as Deputy Defense Minister no standing job fighting this war, as the terrorists requires military action in more seriously than his past promises recent battle in Shahi-kot dem- the future. to virtually every party in the conflict. onstrates, the Taliban and al Qaeda are The stakes, in short, could not be In Kabul itself, Defense Minister scattered and on the run. higher. Some people are of the opinion Fahim maintains the fiction that his But we always knew that this would that we can pull out relatively soon, own militia, basically the Northern Al- be the easy part. As President Bush, that any future military action would liance troops, is serving as a non- Secretary Powell, and Secretary Rums- be as ‘‘easy’’ as the present one. partisan national army. feld have correctly noted, our war on ‘‘We’ve got the most powerful mili- It is clear to all observers, however, terror will be a long one, and we can’t tary out there,’’ they say, ‘‘we don’t that these soldiers owe their allegiance expect our early victories to be the need the help of unreliable Afghan and to Fahim and various sub-com- final word. incompetent Europeans—we can go it manders—and not to the legally-con- Let’s remember that in 1979, it took alone.’’ To anyone who labors under stituted civil authority. the Soviet forces no more than 10 days this delusion, I say, take a trip to Af- In the Pasthun areas, a wide array of to establish control over every major ghanistan. local warlords play all sides against population center in Afghanistan. The Go there, talk to the people, have a every other—accepting money and really tough part, we knew from the look at the terrain. Anybody who does, arms from the U.S. and the Taliban beginning, wouldn’t be ousting the I suggest, will return firmly convinced alike, even attempting to use Amer- Taliban and al Qaeda—the tough part that we must stay the course. We have ican air power to settle their own petty would be making sure that they stayed got to do the job right this time—be- feuds. ousted. cause it may be the last chance we get. There have even been credible reports That is why we have no choice but to So what does ‘‘doing the job right’’ of various warlords falsely identifying stay the course. If Afghanistan returns entail? There are several parts to the their local rivals as al Qaeda in order to a state of lawlessness and disorder, equation—economic reconstruction, to call in American airstrikes—putting two things are pretty much certain to building political institutions, clearing U.S. servicemen in harm’s way to ad- happen. minefields, creating the educational, vance their own sordid objectives. First, the Taliban, or some new and medical, and other infrastructure nec- Meanwhile, Afghanistan’s predatory equally brutal group, will establish essary for long-term self-sufficiency. neighbors sit on the sidelines—but not

VerDate Mar 15 2010 20:48 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00056 Fmt 4637 Sfmt 0634 E:\2002SENATE\S21MR2.REC S21MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 21, 2002 CONGRESSIONAL RECORD — SENATE S2249 for long. Afghanistan’s bloody civil war military planners have as many troops logical—necessary to get the job done has long been fueled by arms, money, as they deem necessary to do the job right. and recruits drawn from the sur- right. Other countries may be able to pro- rounding nations. This expansion should not and will vide the bulk of the force, but the pres- The neighboring meddlers include not interfere with ongoing U.S. oper- ence of even relatively small numbers Iran, Pakistan, Uzbekistan, and Rus- ations against Taliban and al-Quida of American troops can mean the dif- sia, but a variety of other nations remnants. ference between success and failure. slightly further afield have got into the Currently, the ISAF commander is Look at our battlefield results in Af- game at one time or another. Each has subordinate in theater to the U.S. com- ghanistan—the military effectiveness attempted to reshape Afghan politics mander, and there has been no question of our Afghan allies has been increased for its own narrow interests—to the of ISAF troops encroaching on Amer- exponentially by the presence very detriment of the people, and the insta- ican operations. Quite the opposite— small numbers of U.S. Special Oper- bility of the region. ISAF troops are a force multiplier, and ations Forces. All have basically kept their hands free up American assets that would These troops not only brought in the off while U.S. troops have ruled the otherwise have to be used to guard and heavy artillery, by calling in and tar- roost. But the moment the last troop protect bases at transport hubs such as geting airstrikes, they stiffened the transport takes off, expect the jock- Bagram. spine of the brave, but often young, in- eying to begin all over. Second, the mandate of the inter- experienced, and poorly trained, Af- Ever had a neighbor who pops in to national security force must be ex- ghan fighters. borrow a cup of sugar and invites him- tended for 2 years. This would provide Second, and just as important, is the self to dinner? Maybe a distant relative sufficient time for the creation of an political side of the equation. Without who stops by to say ‘‘hello,’’ and never indigenous Afghan army and police U.S. boots on the ground, the commit- seems to leave? Well, the Afghans force, and insure a smooth transition ment of other nations often starts to know how it feels. to the new Afghan government. falter. They have had to suffer with unwel- Third, the international security As Maj. Gen. McColl, the British come houseguests for thirty years. And force must be given robust rules of en- commander of ISAF, said to me in they know that as soon as the door is gagement, and all the equipment, air- Kabul, ‘‘Once you Americans pull your open—as soon as the American troops lift, and intelligence necessary to ac- troops out of Afghanistan, how long do leave—all of these unsavory interlopers complish its mission. you think my Parliament will author- will come flocking back. Let’s make no mistake here—the ize the deployment of British sol- So what’s the solution? How do we— troops on the ground are not and must diers?’’ together with the rest of the world not be blue-helmeted peacekeepers. Let me be clear: I’m not advocating community—provide Afghanistan with These are, and must be, peacemakers. any specific deployment of American a year or two of breathing room to let We need rough, tough, combat-ready troops. The specifics of any troop de- it build up a national army and police forces, with the ability to take names ployment is a decision best left to the force of its own? There are basically and impose order. President, based on a military assess- two possible paths. Fourth, the U.S. must be fully en- ment of what is needed to get the mis- Have American troops continue to gaged as the mission’s guarantor of sion accomplished. serve as the de facto security force, or last resort. That does not necessarily My point is merely that we have a get the international community to mean we have send U.S. troops, al- mission to accomplish in Afghanistan, share our burden. though we shouldn’t rule it out off the and IF the deployment of American Fortunately, a mechanism exists to bat. make this second option a reality—it’s What it does mean, however, is that troops as part of an international force the International Security Assistance we commit ourselves to insuring the is deemed necessary, we should cer- Force, ISAF for short, and it can save mission’s success. tainly step up to the plate. us from the necessity of being Afghani- Maybe we can achieve this goal by Perhaps we’ll be able to continue the stan’s only policeman. providing airlift, intelligence, funding, status quo—to have U.S. troops cur- Right now, ISAF is strictly limited and diplomatic support. rently serving in Operation Enduring by its U.N. mandate. Its 5,000 troops Maybe we also have to provide the Freedom serve as the de facto back-up are confined to Kabul, and even there promise of troops extraction, air com- squad for ISAF troops. they have to tread gingerly. The unit is bat assets, and the ultimate ace-in-the- Some voices decry using American currently under the command of the hole of sending the cavalry to the res- troops as ‘‘policemen,’’ and urge that British, but the Brits plan to transfer cue if things get too hot. peace operations be left to other na- command as soon as April. But, one way or another, this is a tions. But every big-city police force The entire mandate ends in June— goal we must achieve—not merely for needs a SWAT team to handle the real precisely when its continuing presence the sake of Afghanistan, but for the na- bad characters. Perhaps the U.S. can is most needed to safeguard the Loya tional security interest of the United serve as the SWAT team for an ex- Jirga, or Great Council to be convened States. panded U.N.-mandated security force. as the next step in the process of polit- When I go around the country talk- But we shouldn’t be afraid to have ical rebuilding. ing about the need for a robust secu- our troops integrated to an inter- So here, in a nutshell, is what we rity force, with the U.S. providing the national force of peacemakers in Af- have to do. ultimate guarantee of success, I’m ghanistan. Our experience in the Bal- First, this international security often asked whether that’s an implicit kans shows that we can work with our force must be extended from Kabul to call for the participation of American NATO allies, and other countries, to several key sites throughout the coun- ground troops. It is a fair question, but make such forces the instrument of try. it’s putting the cart before the horse. U.S. policy. It should be expanded to Mazar, I would prefer it if we could accom- And, as a survey of top brass recently Kandahar, and perhaps other cities plish our mission without deploying a released by the ‘‘Peace Through Law such as Jalalabad or Gardez. Such an single U.S. soldier. Education Fund’’ argues, such oper- expansion would entail an increase in I would prefer it if other nations ations can be a huge benefit to Amer- troop strength from the current 5,000. could do the job without our troops on ican military and political objectives. Some sources say 25,000 troops would the ground. And maybe they can. Not all of the generals quoted in the be needed, others say the mission could But my past experience, both in the report will agree with all of its rec- be accomplished with a more modest Balkans and elsewhere, leads me to ommendations, and the survey was un- increase. doubt that this will be possible. dertaken prior to the campaign in Af- I will not presume to venture an First, there aren’t a whole lot of ghanistan. The opinions expressed re- opinion on the precise number, I will countries out there with the military lated to peace operations in general, just say that we should make sure the assets—both human and techno- not to ISAF in particular.

VerDate Mar 15 2010 20:48 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00057 Fmt 4637 Sfmt 0634 E:\2002SENATE\S21MR2.REC S21MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2250 CONGRESSIONAL RECORD — SENATE March 21, 2002 But I think the most valuable part of Gen. Tommy Franks, CinC of For decades, the men and women who the report is the wide selection of di- CentCom, now commander of the U.S. joined the military were promised edu- rect quotes from some of our most re- campaign in Afghanistan. cational benefits and lifetime health spected military commanders. On unit readiness and military train- care for themselves and their families. I would like to share a few of these ing. Those commitments have too often not observations—all of them made by I feel very strongly that our operation, been kept, and I am concerned this is American commanders with far more let’s say in Kosovo, is a very positive net ef- starting to threaten our national secu- military expertise than I would ever fect for the following reasons. The training rity. Veterans are our Nation’s most claim to possess. that the young NCO and younger officer gets effective recruiters. However, inad- Taken together, they make what I is far superior to what he or she would be equate education benefits and poor believe is a convincing case for Amer- getting if they were in Germany—because health care options make it difficult ican leadership on—and, if necessary, they are dealing with real world problems, 24 for these men and women to encourage hours a day . . . That’s what being a troop participation in—a significantly leader is all about. Their individual, small the younger generation to join today’s beefed-up international peacemaking unit skills, squad level, company, battalion— voluntary service. force to be deployed at various sites it’s far better training than what they get In my meetings with veterans, the throughout Afghanistan. back in garrison. issue of greatest concern is health care. On American involvement in multi- Gen. Joseph Ralston They want assurances that they will be national peace operations: The small unit leader’s development in able to access quality care. Unfortu- The nation that has the most influence peace operations is phenomenal. nately, years of inadequate funding for . . . has to play a number of roles. Peace- veterans health care has pushed the VA Gen. Meigs—The type of training keeping, peacemaking or peace enforcement health system to the brink of crisis, that isn’t available during peace oper- is one of those roles. To walk away from and the quality of care is starting to ations is brigade and division level those responsibilities, in my judgement, is to suffer. Let me be clear, this has noth- training, but Gen. Ralston notes that invite questioning of your overall leadership ing to do with the men and women who character. As a result, people will start to this large-scale training is given to work in the VA health system. They question you and your resolve for the prin- troops on a relatively infrequent are dedicated professionals who care ciples for which you stand. basis—typically only once every year about the veterans they serve, but they Gen. James Jones, Commandant of and a half. He notes that when troops are being asked to do too much with the Marine Corps. who have served in peace operations too few resources. If the United States doesn’t participate, are put back in the regular training Veterans were very optimistic when the United States can’t lead . . . You can’t cycle, they have no troubling picking the President mentioned his commit- ask other nations to take risks that you up where they left off. won’t take yourself. ment to veterans health care in the The words of these American sol- State of the Union address in January. Gen Wesley Clark, Supreme Allied diers, sailors, airmen and marines say Commander, Europe (1997–2000). At first glance, it looked as though the it far better than I can. The military President’s budget had made a signifi- In order for us to have influence, we must and strategic objectives of the United cant effort to fix the mounting funding be engaged . . . If you’re not there on the States are often best served by Amer- ground . . . you are not able to really influ- problems at the VA. But after budget ican troops participating in multi- gimmicks, such as $800 million that ence what’s happening on the ground. national peace operations. Maj. Gen. Ricardo Sanchez, com- was included for the first time in the I am not saying we should send U.S. VA budget for federal employees’ re- mander of a NATO multinational bri- soldiers on such missions merely for gade in Kosovo, 1999–2000. tirements, the amount of funding that their training or diplomatic value. I the President has recommended for Whether we like it or not, we’re the big AM saying that we should recognize dog. If someone calls 911, . . . it’s the United veterans health care falls far short of the pro’s as well as the con’s of U.S. in- the promised $2.2 billion increase. In- States of America that answers. volvement in peace operations. Air Force Lt. Gen. Robert Fogelsong, stead, it is only about $1.4 billion more Yes, there are dangers—as President than last year. Assistant to the Chairman of the Joint Bush has said, the war against terror Chief of Staff, 1997–1999. I am pleased that the Senate Budget will be long, and there will be casual- Committee, of which I am a member, I do not believe that any major humani- ties in the months and years ahead. tarian or peacekeeping effort can be success- has recently approved a budget resolu- But the dangers of abdication of our re- tion that will provide $1.2 billion more ful, long-term, without the support of the sponsibilities is far greater than the U.S. than was requested by the Bush admin- dangers of leadership. istration for VA health care and $2.6 Gen. Peter Pace, USMC, now Vice- We must stay the course in Afghani- Chairman of the Joint Chiefs, then billion more than was approved in fis- stan—the whole world is watching. cal year 2002. I am hopeful that this CinC of South Com. On unit morale. Friends and enemies alike want to The re-enlistment numbers are far higher level of funding will go a long way to- know whether we’ll follow through in ward addressing the critical funding in units in Bosnia and Kosovo than they are Afghanistan, and if we fail to follow in units of the U.S. army overall. needs in VA health care. through here, how can we ever con- While there is good news about the Air Force Gen. Joseph Ralston, Su- vince them that we’ll follow through in health care budget, I am concerned preme Allied Commander, Europe. Yemen, the Philippines, or Indonesia— about a provision in the President’s The re-enlistment rates in [US Army, Eu- let alone in Iraq. budget that would establish a $1,500 de- rope], which has been involved to the great- But that is the topic for another day. est extent in peacekeeping operations in the ductible for Category 7 veterans. Under Balkans, are the highest in the Army. f this new policy, a veteran would be Gen. Montgomery Meigs, commander forced to pay for 45 percent of his or TAKING CARE OF OUR NATION’S her medical care, up to a limit of $1,500 of NATO’s force in Bosnia (SFOR), VETERANS 1998–1999. per year. The VA estimates that 121,000 Gen. Jones, Lt. Gen. Fogelsong, & Mr. JOHNSON. Mr. President, over veterans will choose not to be treated Adm. Dennis Blair say the same thing the last few weeks, I have had the at the VA next year if the proposal be- for Marines, Air Force, and Navy. honor of meeting with a number of vet- comes law. This would include several Forget the baloney about people being erans, both here in Washington and in thousand in South Dakota. I know this upset about being down range . . . morale’s South Dakota. Every time I meet with is an attempt to ask veterans who higher than in garrison. them, I am reminded of the tremendous make more money to contribute more Gen. Meigs (Bosnia) sacrifices they have made on behalf of to their own health care. However, the our country. We owe each of them a way in which the VA determines Cat- Troops that deploy to Bosnia and Kosovo and other operations like that, have high debt of gratitude that can never be egory 7 status is unfair, particularly to morale . . . our troops are happiest, morale fully repaid. many veterans in South Dakota. Cat- is highest, when they are out in the world One of the things we must do for our egory 7 veterans are those who lack a doing what they signed up to do. veterans is honor our past promises. disability related to their military

VerDate Mar 15 2010 20:48 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00058 Fmt 4637 Sfmt 0634 E:\2002SENATE\S21MR2.REC S21MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 21, 2002 CONGRESSIONAL RECORD — SENATE S2251 service or whose income is higher than ceived in disability compensation. I am also pleased to be a sponsor of the current VA eligibility standards. Changing the law to allow for concur- two other very important bills that The current income standard is $24,000 rent receipt of benefits is an issue of will honor the commitments we have annually for a single, or $28,000 for a basic fairness because both military re- made to our veterans. couple, and applies to 40 percent of the tirement pay and VA disability com- S. 1644, The Veterans Memorial Pres- veterans in South Dakota. Assets, such pensation are earned benefits. Retire- ervation and Recognition Act, will pro- as land, are included in the calculation ment pay comes after at least 20 years tect all veterans memorials on public of income. This is a concern for many of dedicated service in the Armed property by extending current criminal farmers and ranchers in my state who Forces and VA disability is earned as a penalties for destruction of property to may own land worth a considerable result of injury during time of service. any statue, plaque, or monument com- amount, but whose actual yearly in- I have been working with South Da- memorating veterans. The bill also cre- come is well below the VA threshold. kota veterans and my colleagues in the ates a restoration fund—to which indi- The administration’s proposal to im- Senate for several years to fix this viduals or organization can con- pose a $1,500 co-pay on all Category 7 problem. Last year, the Senate adopted tribute—to repair and maintain our veterans would be particularly onerous an amendment to both the fiscal year Nation’s veterans memorials. Finally, on these veterans. 2002 budget resolution and to the fiscal the bill authorizes States to place sup- I would also like to note the concern year 2002 Defense authorization bill to plemental guide signs for veterans some veterans have raised about a new include funding to correct this prob- cemeteries on Federal-aid highways. VA regulation that increases the price lem. Unfortunately, despite strong sup- I am also an original cosponsor of S. of prescription drugs from $2 to $7 a port in the Senate, the language to 2003, the Veterans Benefits and Pen- month. Seven dollars a month for a allow concurrent receipt was removed sions Protection Act. This bill will help prescription is still relatively inexpen- from last year’s budget resolution dur- protect veterans from unscrupulous sive, and given the lack of prescription ing the conference with the House of predatory lending. The VA currently benefits under Medicare, many older Representatives. In the Defense au- prohibits the direct sale of veterans veterans still benefit greatly from this thorization bill, Congress agreed to pension or disability benefits. However, VA service. However, when you look at allow concurrent receipt, but only if certain companies are exploiting a longer waits for appointments, cuts in the administration included author- loophole in the law that allows them to VA services, and the proposed $1,500 co- izing legislation as a part of the fiscal enter into contracts with veterans to pay for Category 7 veterans, this in- year 2003 budget request. offer them ‘‘instant cash’’ in exchange crease in prescription costs is seen as I was very disappointed to discover for future benefit payments. In essence, yet another example of the erosion of that the President’s fiscal year 2003 a veteran agrees to sign away his or veterans benefits. budget request did not include provi- her benefits for a selected amount of One of the positive steps in VA sions for concurrent receipt. I recently time, and in exchange, the company health care has been the shift away sent a letter to the President express- agrees to pay the veteran a lump some from a health system based on lengthy, ing my regret at his decision not to ad- of money. Frequently, this ranges from in-patient hospital stays, to a system dress concurrent receipt and asking only 30 to 40 cents on the dollar. The focused on preventative, outpatient him to work with Congress to address veteran is then required to open a joint care. This shift has vastly improved pa- this urgent matter. I am very pleased bank account with the company in tient care. It has also proven to be pop- that the Senate version of the fiscal which the benefits are directly depos- ular with veterans, as demonstrated by year 2003 budget resolution includes a ited and the company makes the with- the large numbers currently utilizing provision to phase in full concurrent drawal. Veterans are often also re- the Community Based Outpatient Clin- receipt for veterans who are 60–100 per- quired to take out life insurance, pay- ics, CBOCs. These community based cent disabled as a result of their mili- able to the company, or use their clinics are particularly important in tary service. This is only a first step, homes as collateral. rural States like South Dakota. By but a positive step. At a time in which S. 2003 will close this loophole and placing clinics in local communities, we are asking more and more from the authorize education programs to in- we increase access to care by cutting men and women serving in the mili- form veterans about the danger of this down the amount of time a veteran tary, we should be looking for ways to scam. The bill has been endorsed by the must spend travelling. Greater access encourage them to make a career in Disabled American Veterans, Paralyzed to nearby care means veterans are like- the military by improving benefits and Veterans of America, Vietnam Vet- ly to seek medical attention before an assuring them they will be taken care erans of America, and AMVETS. illness becomes a major health prob- of in retirement. Mr. President, there are few things lem. Another priority for me is improving more important than those who serve This new access to clinics was threat- educational benefits for veterans. Un- our country in the Armed Forces. As a ened in South Dakota when budgetary fortunately, the current GI bill fails to nation, we need to take care of these constraints prompted the VA to put a keep pace with the rising costs of high- men and women, not only while they moratorium on enrollment in CBOCs in er education. Less than one-half of the wear the uniform, but also when they Aberdeen, Rapid City, and Pierre. This men and women who contribute $1,200 become veterans. I look forward to con- caused concern among veterans in the of their pay to qualify for the GI bill tinuing to work on behalf of the vet- areas around the clinics who were told actually use these benefits. Last year, erans of South Dakota and the Nation. their only option for health care was a I joined Senator SUSAN COLLINS in in- f multiple hour drive away. After work- troducing legislation to bring the GI ing closely with the VA, the enroll- bill into the 21st century by creating a GREEK INDEPENDENCE DAY ment caps appear to have been lifted. I benchmark level of education benefits Mr. REED. Mr. President, I rise will continue to monitor this situation that automatically covers inflation to today to recognize the 181st anniver- and will work with Secretary of Vet- meet the increasing costs of higher sary of Greek Independence that will erans Affairs Anthony Principi to en- education. Our concept is a very simple be celebrated Monday, March 25. Not sure all eligible veterans continue to one; at the very least, GI bill benefits unlike our founding fathers who sowed have access to these clinics. should be equal to the average cost of the seeds of the American revolution I believe we in the Senate should a commuter student attending a 4-year by forming the underground society, commit to making this the year we fi- university. The Montgomery GI bill the ‘‘Sons of Liberty,’’ Greek patriots nally address the issue of concurrent has been one of the most effective tools seeking democracy established the receipt of military retirement benefits. in recruiting and retaining the best ‘‘Friendly Society’’ in Odessa in 1814. Under current law, military retirees and the brightest in the military. It Their ideals spread and the Greek peo- cannot receive both full military re- has also been a critical component in ple eventually rose up on March 25, tirement pay and full VA disability the transition of veterans to civilian 1821. This day would mark the begin- compensation. Instead, retirement pay- life. It is imperative that the Senate ning of an 8 year struggle against the ments are reduced by the amount re- passes this legislation this session. might of the Ottoman Empire which

VerDate Mar 15 2010 20:48 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00059 Fmt 4637 Sfmt 0634 E:\2002SENATE\S21MR2.REC S21MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2252 CONGRESSIONAL RECORD — SENATE March 21, 2002 had ruled Greece for 400 years. In 1829, lution that might avoid war, with war bored such organizations or persons, in the Greeks were the first to win their seen as a last resort; the United States order to prevent any future acts of independence from the Ottoman Em- must assure sufficient international international terrorism against the pire, and were formally recognized in support, similar to the coalition that United States by such nations, organi- 1832. Their success spurred on other made the Gulf War viable; and, the ad- zations, or persons.’’ groups. ministration must fully consult with On its face, then, this resolution is But this 19th century revolution was Congress, which has a significant con- both narrow and specific, in that it ap- not the first time the Greeks had con- stitutional obligation in this matter, plies only to the September 11 attacks. tributed greatly to our world. In an- and receive proper authorization. In order to take action against Iraq cient times, Greek civilization estab- Let me be clear: There is little ques- under this resolution, the President lished traditions of democracy, society tion that Iraq poses a grave risk to the must determine both that Iraq has har- and culture that resonate today. These United States and our friends and al- bored any Al Qaeda members, or any- Greek cultural accomplishments deep- lies. How to deal with Iraq remains, as one else who aided in the September 11 ly influenced thinkers, writers and art- it has for over a decade, one of the top attacks, and that such an attack would ists, especially those in ancient Rome, foreign policy priorities for the United ‘‘prevent any future acts of inter- Medieval Arabia, and Renaissance Eu- States. national terrorism,’’ as also required rope. Modern democratic nations owe At this point we can not and should by the resolution. their fundamental political principles not lose sight of the fact that we still On the other hand, if the President to ancient Greece. Because of the en- have considerable work to do in Af- attacks Iraq simply to destroy its during influence of its ideas, ancient ghanistan. Rushing precipitously to- weapons of mass destruction, which Greece is known as the cradle of West- wards another military confrontation, may be a justified action under certain ern civilization. unless the need is imminent, would not circumstances, this resolution does not In fact, Greeks invented the idea of be prudent. provide the authority for such an at- the West as a distinct region because We are all aware of the nature of the tack. Iraq’s WMD program, if not di- they lived west of the powerful civiliza- threat: Iraq under Saddam Hussein rectly linked to the September 11 at- tions of Egypt, Babylonia, and Phoe- seeks to develop WMD, has used these tacks, is a separate issue not covered nicia. Today we continue to marvel at weapons against its own people, has in- by the September resolution. In such a circumstance the President their advances in philosophy, architec- vaded its neighbors and threatened would need to, must, seek an addi- ture, drama, government, and science, others in the region with its missiles. tional authorizing resolution from Con- with people worldwide enjoying ancient And we are all well aware that Iraq, gress. Greek plays, studying the ideas of an- having agreed to United Nations in- I was pleased to see that Secretary of cient Greek philosophers, and incor- spectors after its defeat in the Gulf State Powell has indicated President porating elements of ancient Greek ar- War a decade ago, banned them in 1998. Bush will fully consult with Congress chitecture into the designs of new For 4 years the international commu- before any military action is taken buildings. nity has had no access to Iraq and no against Iraq. So I am proud to recognize the con- ability to inspect its weapons facili- It is imperative that we comply with tinued contributions of today’s Greek- ties. the provisions of the War Powers Reso- Americans to our country and my The administration believes Iraq is lution, a joint legislative act that will home State of Rhode Island. Although continuing to develop chemical and bi- ensure: ‘‘The collective judgment of the earliest Greeks to come to America ological weapons, and is seeking nu- both Congress and the President will were men of the sea, sailing with Chris- clear weapons. As a member of the In- apply to the introduction of United topher Columbus, Ferdinand Magellan telligence Committee I believe that the States armed forces into hostilities.’’ and other Spanish expeditions to the administration is correct in this as- Given the gravity of placing poten- New World, today’s Greek Americans sessment. tially large numbers of America’s are involved in all aspects of American And the administration has argued forces in harm’s way, I think anything business and society, contributing with that Iraq’s weapons of mass destruc- less than such a ‘‘collective judgment’’ their hard work and active citizenship. tion must be dismantled before Presi- would tarnish the sacred trust our peo- I would also note that the Greece-US dent Saddam Hussein forms an alliance ple have in their government. relationship has deepened over the with Al Qaeda or other terrorist As our colleague Senator BYRD wrote years and there are extraordinary op- groups. in The New York Times earlier this portunities to strengthen it even more. It is critical, therefore, that the week: ‘‘The Constitution states that We share mutual concern for greater United States, through the United Na- the President shall be commander in security, stability and prosperity in tions, seek additional inspections, chief, but it is Congress that has the the Mediterranean, Southeastern Eu- under a ‘‘go anywhere, anytime’’ in- constitutional authority to provide for rope, and the Caucasus. The Greeks spection regime, to provide Iraq with the common defense and general wel- have traditionally been active as well the opportunity, one last time, to ei- fare, raise armies, and to declare war. as a force of progress in these regions ther work with the international com- In other words, Congress has a con- and their experiences will help the munity on this issue or, by its refusal, stitutional responsibility to weigh in United States as the two countries admit guilt and face the consequences. on war-related policy decisions.’’ partner to face the challenges of the I also believe that it is critical that, The challenges in taking action new century. should an imminent threat require U.S. against Iraq underscore the need for I am proud to join many of my col- action, that the Administration come the United States to work with our leagues as a co-sponsor of Senate Reso- to Congress to seek its judgment and friends and allies in the region and lution 214 which designated March 25, assent. elsewhere if we are to take effective ac- 2002 ‘‘Greek Independence Day: A Na- The resolution authorizing the use of tion against Iraq. tional Day of Celebration of Greek and force against the September 11 The administration has made great American Democracy.’’ I give Greek attackers provides the President au- strides in creating as wide an inter- Americans my best wishes as they cele- thority to take military action only national coalition as possible for ac- brate Greece’s independence. against those groups, individuals, or tion against terror and terrorists, it Mrs. FEINSTEIN. Mr. President, over nations who aided in the September 11 must do likewise for any action against the past few days and weeks the drum- attacks, or harbored those involved. Iraq. beat for war against Iraq has been ris- It states: ‘‘The President is author- In contemplating any such action ing in both volume and tempo. I rise ized to use all necessary and appro- against Iraq, we must consult with al- today to express my concern, and to priate force against those nations, or- lies and build the kind of coalition that urge President Bush to proceed with ganizations, or persons he determines supported our efforts in the Gulf War, care and prudence. planned, authorized, committed, or especially those countries whose peo- At a minimum: the United States aided the terrorist attacks that oc- ples and governments are bound to be must first exhaust every diplomatic so- curred on September 11, 2001, or har- affected by such an undertaking.

VerDate Mar 15 2010 20:48 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00060 Fmt 4637 Sfmt 0634 E:\2002SENATE\S21MR2.REC S21MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 21, 2002 CONGRESSIONAL RECORD — SENATE S2253 We should not take action against Act.’’ This bill would close a loophole if I take a few minutes to pay tribute Iraq until both we, the American peo- in the law which allows unlicenced pri- to him. Ed is one of those rare, tal- ple and our regional partners, are con- vate gun sellers to sell guns without ented staffers who always seems to vinced of the reasons for so doing and conducting a National Instant Crimi- know the answer before we ask the that there is a clear mission and goal nal Background System check. I co- question. He always has the facts. in mind. sponsored that bill because I believe it He conscientiously attends to the de- The United States must also consider would be an important tool to prevent tails of the hearings, the legislation, carefully the consequences of precipi- guns from getting into the hands of the briefing books, the negotiations— tous action. criminals and other people prohibited with a trademark combination of wis- Can we assure our regional partners from owning a firearm. dom and graciousness, and without that our actions will not involve the The ‘‘Use the National Instant Crimi- ever expecting a word of thanks, much de-stabilization of the region? nal Background System in Terrorist less an entire speech. Might unilateral unsupported action Investigations Act’’ was introduced by All of us know and appreciate the against Iraq result in attacks against Senator KENNEDY and SCHUMER in the hard work and dogged efforts of our close allies such as Israel or protests wake of September 11. This bill would staffs, but too often it goes unspoken. against regional leaders in Egypt, reinstate the 90-day period for the FBI And rarely is it expressed on the Sen- Saudi Arabia or Jordan? to retain and review NICS gun pur- ate floor. Bud Ed Hall is an exceptional Following any military action, are chasing data records for irregularities man who deserves exceptional recogni- we prepared militarily and financially and criminal activity. The need for this tion for making what we do here pos- to remain in the region until Saddam legislation was demonstrated when the sible. is removed, the people of Iraq are free, Attorney General denied the FBI ac- He is here when most of us arrive. and a viable democratic government is cess to the NICS database to review And he is here long after most of us in place? gun sales to individuals they had de- have gone home. These are complex questions to tained in response to the terrorist at- He is one of the most decent, hard- which there may be no easy answers. tacks. I am pleased to be a cosponsor of working, fair-minded and open-hearted But they are questions that must be this bill and urge the Senate to act on men I have met, loyal almost to a addressed before we take any action if this legislation. fault, a professional with no agenda those actions are to be successful and Another important component of any but to promote the work of the com- the results, enduring. strategy to reduce gun violence is pre- mittee, and to look after its staff. If this matter is not handled prop- venting children from gaining access to Ed is perceptive about human nature erly, there is a profound risk that the firearms. Senator DURBIN’s ‘‘Children’s and profoundly patient with it. But Middle East will be further desta- Access Prevention Act’’ would hold what has always impressed me is his bilized, and place U.S. interests in the adults who fail to lock up a loaded fire- encyclopedic grasp of the legislative region and in the war against terrorism arm or an unloaded firearm with am- process, along with expert insight into in jeopardy. munition liable if the weapon is taken parliamentary procedure. None of us has the wisdom or fore- by a child and used to kill or injure It takes that kind of experience, wis- sight to see where this war will lead us, him or herself or another person. The dom and finesses to get things done how long it will last, or when it will bill also increases the penalties for around here, and make no mistake, Ed end. selling a gun to a juvenile and creates Hall gets things done. But we are all foursquare in our de- a gun safety education program that Ed developed these traits, I am sure, termination that we, and all civilized includes parent-teacher organizations, at Harvard and Michigan, as an Assist- peoples, succeed. local law enforcement and community ant U.S. Attorney, then in private I offer my thoughts and comments organizations. I am also a cosponsor of practice, the Marine Corps Reserve and today not as a criticism of the adminis- this important bill that would help to through a series of positions of distinc- tration, but rather because I feel that curb the thousands of preventable fire- tion on Capitol Hill. we have a deep obligation to make sure arm deaths that occur each year. He started in 1975 with Senator Clai- that as we proceed with this endeavor The statistics I mentioned support borne Pell on the Rules Committee, we do so with thoughtfulness, not the argument that the Brady Law is moving 3 years later to the Commerce afraid to ask the tough questions that working to prevent gun-related deaths. Committee as Chief Counsel for Sen- must be asked or address the issues However, the number of gun-related ator Howard Cannon. that must be addressed, and with the deaths is still disturbingly high and Then Ed practiced law for a while in unity of purpose that will guarantee more must be done. The bills I support Idaho, but as anyone who knows him our success. are common sense approaches to gun- could tell you, Ed Hall is no simple f safety that deserve the attention of the country lawyer, to borrow a phrase that was popularized by my Senate col- GUN-RELATED DEATHS ARE STILL Senate. Mr. BIDEN. Mr. President, all of us league Sam Ervin, who was here and TOO HIGH in this Chamber know the dedication of Ed and I first arrived, so he came back Mr. LEVIN. Mr. President, the Cen- those on our staffs who work tirelessly to the Senate as Chief Counsel on the ters’ for Disease Control most recent to keep us informed and keep this proc- Foreign Relations Committee, again National Vital Statistics Report, which ess moving forward. And, once in a working with Senator Pell. measures all causes of death in the great while, a staffer comes along who A few years later, I had the good United States reports that the death becomes so much a part of the process, sense and the good fortune to retain Ed rate from firearm injuries dropped so much a presence in this place, that as Minority Staff Director. nearly 6 percent from 1998 to 1999. The few can’t imagine the Senate without If there is one thing that I think I 1999 gun-death toll was 28,874 persons, them. will always remember when I think of the first time the figure has dropped Ed Hall, staff director on the Com- Ed, it is his unique take on the legisla- below 30,000 since national statistics on mittee on Foreign Relations, is one of tive process and the goings-on of the gun deaths were first kept in 1979. Pre- those people. Senate. liminary data indicate that there was A dedicated public servant for more He has been known to say that if you likely another significant decline in almost 25 years now, he has been a know what to listen for, you learn 2000. These are encouraging statistics, rock-solid steady hand, an extraor- after a while that the Senate produces but the number of people killed by dinary professional, and—above all—a a kind of music, combining rhythm, guns each year is still far too high. gentleman. pace and melody wholly unique to this There are several important pieces of Now he is completing his final week place. legislation before the Senate that were with the U.S. Senate. And we wish him Ed Hall has always known what to designed to address gun violence. On well. listen for. April 24, 2001, Senator REED introduced But before he goes, I hope Ed won’t As both minority and majority staff the ‘‘Gun Show Background Check mind too much, though I know he will, director, Ed’s role has been a kind of

VerDate Mar 15 2010 20:48 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00061 Fmt 4637 Sfmt 0634 E:\2002SENATE\S21MR2.REC S21MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2254 CONGRESSIONAL RECORD — SENATE March 21, 2002 conductor, orchestrating our work to The Christian ideal has not been tried and tucky, but he has already left his mark the music of the Senate. found wanting; it has been found difficult on Kentucky’s largest public edu- During my time on the committee as and left untried. cational institution. His approach to ranking Democratic member, and then Well, I am here to tell you that while academic governance has earned him as chairman, Ed oversaw Senate con- some may have found it difficult, and the accolades of both the students and sent to ratify the chemical weapons perhaps some have not tried hard faculty of the University of Kentucky, convention, the reorganization of the enough, Ed Hall is living proof of a as well as from local community lead- U.S. foreign affairs agencies, the de- transcendent ideal that people of all ers. bate deciding the expansion of NATO, convictions will recognize: he is an Dr. Todd’s success at UK should not and the establishment of a way to pay abundant spirit, a humble soul. come as a surprise. As an alumnus of our country’s arrearage to the United He is a pillar of this institution. In a the University, he understands the in- Nations. place where turnover is the order of the terests and passions of the students. He did it in close coordination with day, he has been a rarity, and he leaves His training and tenure as an academic his Republican colleagues on the com- a legacy of service for which the Sen- has given him a detailed understanding mittee—sometimes at odds over small ate will be forever grateful. of the challenges and needs of the fac- matters of language. Sometimes at I ask my colleagues to join me in sa- ulty. And his career as a successful odds over major issues of fundamental luting Edwin K. Hall. businessman has well-prepared him to forge an efficient and responsive ad- principle. But Ed has always bridged f the gap. ministration that is dually committed He treats all parties with respect, DEPARTURE OF WALLY BURNETT to crafting excellence in education and and tries to accommodate all interests Mrs. MURRAY. Mr. President, as enhancement of UK’s endowment. I involved. His success in so doing is evi- chairman of the Transportation Appro- have no doubt that he will succeed at denced by the close personal friendship priations Subcommittee, I rise to ex- both goals. he shared with Admiral James ‘‘Bud’’ press my regret that the subcommittee Building upon the achievements of Nance, Staff Director for my distin- will soon be losing one of the most his predecessors, Dr. Todd has contin- guished colleague from North Carolina, treasured members of its staff. Wally ued to bring top-notch research and teaching faculty to Kentucky. In addi- Chairman HELMS, until Bud passed Burnett, our minority clerk, will be tion, he has forged greater cooperation away in 1999. moving on to other opportunities at Bud and Ed genuinely cared for one the end of this week. I know that I with and stronger ties to the Lexington another, and the maturity and mutual speak for all members of the sub- community—a relationship that prom- ises to be mutually beneficial. From approval that they brought to the job committee in wishing him well and UK’s truly exceptional Medical Center filtered down through all the ranks of thanking him for his fine service. to its important agricultural research, their respective staffs. Wally Burnett brought a wealth of the University of Kentucky is not It is not for nothing that some of the experience to the subcommittee staff merely a preeminent state educational younger staff members refer to Ed Hall given his prior experience as Deputy institution, but a tremendous asset to as ‘‘Daddy Ed.’’ He has led by example, Assistant Secretary of Budget and Pro- the Lexington community and the en- bringing out the best in those for grams at the Department of Transpor- tire Commonwealth of Kentucky. Like- whom he is responsible and helping tation during the administration of wise, President Todd has worked to them feel that what they do is more President George H. Bush. More impor- create a partnership with the federal than a mere job. tantly, Wally brought to his position a government, a partnership I look for- But, though I can’t imagine where he strong sense of fairness, decency, and a ward to continuing in the future. finds the time, Ed Hall’s work doesn’t desire to do the right thing. This trait President Lee Todd has brought with end when he leaves his office. could be seen across all of the Trans- him innovative ideas and a commit- Ed’s collaborative and caring ap- portation bills that Chairman Stevens ment to excellence at the University of proach to working with others is con- and Chairman Shelby ushered through Kentucky. I hope that the students of sistent with his religious convictions. the Senate. the University and the people of Ken- He has been modest about them while While Wally always demonstrated a tucky are lucky enough to have Presi- in the office, but generous in express- strong sense of duty to the entire Na- dent Todd at the helm for a very long ing his faith through intense involve- tion, Wally never forgot that he is an time. Kentucky is fortunate to be able ment in community affairs. Alaskan. And while Wally could not al- to claim Dr. Todd, his wife Patsy, and Ed has long been active in the work ways be depended upon to wear a jack- his children Troy and Kathryn as citi- of ‘‘The Green Door,’’ a nonprofit orga- et to subcommittee and full committee zens. nization that helps the mentally ill meetings, he could be depended upon to I hope my colleagues will join me in achieve independence and self-suffi- provide his most expert views in an in- thanking Dr. Todd for his service to ciency. formed and balanced manner. I will al- the Commonwealth of Kentucky and to He is a member of the board of direc- ways be grateful for the many cour- higher education.∑ tors for Episcopal Relief and Develop- tesies that Wally demonstrated toward f ment, which provides assistance to me, whether I was serving as a junior those in need in the United States and minority member of the subcommittee IN HONOR OF PHILIP AUTHIER, abroad. or as subcommittee chairman. MPH, RN And he has been an at-large trustee As Wally leaves his position in the ∑ Mr. JOHNSON. Mr. President, today for the Virginia Theological Seminary, Senate, I wish him the best of luck in I congratulate Philip D. Authier, MPH, where he will soon be vice president for his new endeavor. I also express my RN, 2002 President of the American Or- Institutional Advancement. hope that his tirelessly patient wife, ganization of Nurse Executives, AONE. We can only hope that Ed’s new posi- Kristin, and his children, Tucker and Philip Authier is also Vice President of tion will give him more time with his Mattern, will finally see more of him. Patient Care at St. Mary’s Healthcare family. To his wife, Sherry, let me say f Center, in Pierre, South Dakota. thank you for all the times she kept Among his many accomplishments, Mr. his dinner warm on my account. ADDITIONAL STATEMENTS Authier, has been a member of AONE Ed Hall has always seen to it that I for 17 years and served on the AONE receive the best possible preparation Board of Directors from 1995 to 1999. for a speech, and that the staff main- LEADERSHIP AT THE UNIVERSITY During this time he also served on tain a modest collection of quotations OF KENTUCKY AONE’s Finance Committee and as a for such occasions, and that it is al- ∑ Mr. MCCONNELL. Mr. President, AONE representative to the Region 6 ways at hand. today I recognize the achievements of a Regional Policy Board of the American So it will be no surprise if Ed recog- great Kentuckian. Dr. Lee Todd has Hospital Association. In addition, he is nizes something that the English es- not yet completed his first year as a past president of South Dakota Orga- sayist G.K. Chesteron once said: President of the University of Ken- nization of Nurse Executives and has

VerDate Mar 15 2010 20:48 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00062 Fmt 4637 Sfmt 0634 E:\2002SENATE\S21MR2.REC S21MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 21, 2002 CONGRESSIONAL RECORD — SENATE S2255 chaired the finance and nursing policy God forgive our thoughts two wrongs don’t 50-foot ditches in our rivers without causing committees of the South Dakota Board make a right. sloughing off of the shoreline, the changing of Nursing. In 2000, by a national mem- But we’ll stand on honor and justice, there’ll of the flow of our rivers, and the sinking of bership vote, he was elected President- be a reckoning day, our highlands. The harbor jetties are blamed This deed won’t go unpunished, God Bless for the demise of Morris Island so that the Elect for a one year term beginning the U.S.A. lighthouse is now at sea. The jetties are January 1, 2001, and took on his cur- In Honor and in Memory, September 11, blamed for changing the geography on Folly rent position as President this past 2001, by Debbie Rogers.∑ Island. Breakwaters, jetties and revetments January. are now outlawed as they caused more ero- f As President, Philip Authier will sion that they were designed to cure. help lead the AONE in its mission to PORT OF CHARLESTON SHOULD Charleston Harbor has limits dictated by facilitate excellence in the nursing LIVE WITH NATURE’S TOLER- nature. We cannot continue to defy natural practices; to offer professional develop- ANCES laws by overbuilding our shorelines, packing ∑ our marshes with silt and fill, and overpopu- ment opportunities; to influence health Mr. HOLLINGS. Mr. President, I lating our water courses. We cannot be one policy; and to support research and de- want to share with my colleagues an of the largest shipping ports in the country velopment in nursing administration. excellent column by Thomas E. Thorn- and yet have the finest harbor resource on His experience and expertise will help hill that appeared in Charleston’s The the East coast. We cannot fill our water- to achieve the important goal of im- Post and Courier on March 15, 2002. Mr. fronts with docks and still be America’s proving the recruitment and Thornhill points out the need to bal- Most Historic City and have the quality of retainment of individuals to this very ance the environmental and esthetic life that goes with it. We cannot double the important profession. I am confident amount of super ships and still have one of consequences of expanding the port of the finest recreational and scenic harbors in that his experience and expertise with- Charleston with the economic benefits the world—to say nothing about the inabil- in this profession will help to achieve such expansion brings. ity of our transportation network to handle these goals. As we debate what to do with the the additional load. Once again, I commend and congratu- Alaska National Wildlife Refuge as Trucks are clogging I–26 and I–526 on any late Philip Authier, a fellow South Da- part of the energy bill, I think it is im- workday. Driving a car is hazardous. The kotan, on his national leadership role portant to add to our dialogue a per- State Ports Authority has done a magnifi- in helping to address the needs and spective from someone who has seen cent job to make our port facilities and serv- concerns of the nursing profession the consequences of expansion in South ice the envy of the world. With this same tal- ∑ ent, they now need to find a future that can throughout the country. Carolina, and who believes that nature live within the environmental restraints f mismanaged retaliates with relentless that nature has dealt us. Perhaps their fu- vengeance. A POEM BY DEBBIE ROGERS ture should be planned as though Daniel Is- I ask that the article be printed in land did not exist—the filling of those ∑ Mr. HUTCHINSON. Mr. President, I the RECORD. marshlands is damage enough. We must not, ask to have printed in the RECORD, a The article follows. as the Bible teaches, ‘‘sell our birthright for poem by a constituent of mine, Debbie [From the Post and Courier, Friday, Mar. 15, a mess of pottage.’’ Rogers, on behalf of the victims of Sep- 2002.] As a port, we should live within the hand dealt us by nature. As a port city, we should tember 11, 2001. PORT OF CHARLESTON SHOULD LIVE WITHIN do the best with what we were given to save The poem follows. NATURE’S TOLERANCES it for future generations. Remember that (By Thomas E. Thornhill) GOD BLESS THE USA thousands of acres of marsh have been de- Twin Towers once stood regally, but majes- How about a different slant on the port ex- stroyed just to keep the harbor dredged and tic in the sky, pansion issue? Do we really know what remember that every structure on a water- Pure evil took them down today, Americans Charleston Harbor can tolerate? This is a fi- way or beach causes erosion problems else- stand and cry. nite body of water which has some limita- where. Of course the Port produces jobs and Two planes marked for death, as the world tions dictated by nature. Yes, expansion of economic benefit (it always has and will), observes them crash, the port facilities will mean more business, but the incremental increase gained by in- Once titanic against the skyline, now scat- more trucks, more highway building, etc., creasing the size of port facilities is to the tered in debris and ash. but what will it do to our rivers and harbor? profit of a relatively small amount of the My brother and I have been working for population, while those who live here must Four planes all together, carrying innocent water and soil conservation for over 40 years. lives on each one, shoulder the burden, esthetically, economi- Our father coined the phrase, ‘‘Nature mis- cally and environmentally. ‘‘Nature mis- Leaving disbelief and carnage, when the hell- managed, retaliates with relentless venge- ish butchers were done. managed retaliates with relentless venge- ance.’’ ance.’’∑ There was no kind of warning, no message We, the citizens, and the Corps of Engi- did they send, neers mismanaged nature with the diversion f And the total devastation, is so hard to com- of the Santee River into the Cooper River, prehend. IN TRIBUTE TO COLONEL and we’re still paying for it. We were pump- CHARLES E. MCGEE Emergency Crews work frantically, keeping ing enough mud out of Charleston Harbor to hope always alive, cover peninsular Charleston by about 6 feet ∑ Mr. BOND. Mr. President, in these They dig with bleeding hands, praying some- each year. That was reduced with another di- perilous times, citizens who have over- one does survive. version or rediversion canal, but the mud come adversity to serve our nation Thousands hurt and missing, death lingers in continues to build up—just look at Drum Is- with distinction deserve to be recog- the air, land and the Cooper side of Daniel Island— nized. I rise today to pay special trib- Families in such torment, the world mourns tons and tons of spoil pumped from the riv- in deep despair. ers.. ute to an American who has served with distinction as both a fighter pilot Our whole world has been disrupted, as we We are not a locale of deep water; let’s rec- watch the breaking news, ognize that. You need only spend a few days and a civilian. In a 30 year military ca- Praying they find survivors, and all the in our creeks and marshes to know that we reer that included service in three for- missing clues. have that wonderful pluff mud, the nursery eign wars, Colonel Charles E. McGee We need closure for the families, and justice grounds for the Atlantic Coast fisheries, that logged over 6,300 flying hours, includ- for us all, does not and will not stay in place like rock ing over 1,100 hours on more than 400 and sand of other ports. We’ll deal with this catastrophie, as Ameri- fighter combat missions. cans we stand tall. Waterside construction causes the natural flow to slow and, in short order, the mud Colonel McGee’s career began with Were proud to be Americans, we won’t take builds up. How else would we have land east enlistment in the U.S. Army and subse- this without a fight, of East Bay Street, which was the city sea quent training at the Tuskegee Army We won’t cease in determination, till this wall. Look at the SPA Passenger Terminal, Air Field in 1942. Upon graduation in wrong is made a right. Yacht Basin, Maritime Center—full of mud. 1943, Colonel McGee flew 136 missions We’ll rise above the smoke and ash, remem- Examine the land around the Sheraton Hotel brance in our heart, with the 302nd Fighter Squadron of the or Comfort Inn along the Ashley. It’s sink- 332nd Fighter Group in the European Of all the innocent families, these monsters ing. There is no way to contain our mud ex- tore apart. cept by gentle slopes and marshes. African Middle Eastern Theater. Tac- Now vengeance seems to call, like a beacon As we dig our channels deeper and deeper, tical missions were flown under the in the night, we are mismanaging nature. We cannot dig 12th Air Force using the P–39

VerDate Mar 15 2010 20:48 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00063 Fmt 4637 Sfmt 0634 E:\2002SENATE\S21MR2.REC S21MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2256 CONGRESSIONAL RECORD — SENATE March 21, 2002 Aerocobra and then, on transfer to 15th THE SPEARFISH SPARTANS ARE Lynn Poe of Paris, KY. Ms. Poe was re- Air Force, strategic missions flying the THE 2002 SOUTH DAKOTA STATE cently crowned the 2002 Kentucky P–47 Thunderbolt and P–51 Mustang. He MEN’S ‘‘A’’ BASKETBALL CHAM- Cherry Blossom Princess and will serve returned to Tuskegee as a captain and PIONS as ambassador for Kentucky in the his- served as a Twin-Engine Instructor ∑ Mr. JOHNSON. Mr. President, I rise toric 90th Cherry Blossom Festival to until the close of the base. today to recognize and congratulate be held here in our Nation’s capital Colonel McGee later served in the the Spearfish Spartans. The Spartans, March 30 through April 6. 67th Fighter-Bomber Squadron, flying In 1912, a prominent group of citizens the P–51 aircraft on 100 missions during under second-year coach Dan Martin, won the South Dakota State ‘‘AA’’ in Japan graciously donated about 3,000 the Korean War, earning him a pro- cherry blossom trees, which are not na- motion to Major. In 1953, Colonel Basketball Tournament March 16 in Rapid City, SD. tive to North America, to Washington, McGee returned to the United States DC as a symbol of friendship between to attend the Air Force Command and Coach Martin’s squad went through the 2001–2002 season with only one loss, the United States and Japan. First Staff School at Maxwell Air Base, AL. Lady Helen Herron Taft, who had brief- Upon graduation, he was qualified to a double-overtime setback to Gillette, WY, a squad that went on to win its ly lived in Yokohama, Japan, decided fly the F–89 Interceptor and promoted to bring the beauty of Japan to the to Lt. Colonel. own State title. The Spartans entered the State tournament with an impres- then swampy Tidal Basin. Mrs. Taft, In 1967, Colonel McGee received tac- along with Vicountess Chinda, wife of tical Reconnaissance and RF–4C flight sive 20–1 mark and defeated Rapid City the Japanese Ambassador, planted the training and was assigned to command Central and Watertown before rallying first two trees on March 27, 1912 in the 16th TAC Recon Squadron at Tan in the final exciting minutes to over- West Potomac Park. These 89 year old son Nhut Air Base. From there, he flew take Sioux Falls Lincoln, 65–61, for the trees are still living on the Tidal Basin 172 missions in Vietnam, earning the State title. It was the Spartans’ first- today. By 1939, State societies across Legion of Merit. ever State basketball championship After his tour in Vietnam, Col. and the first Class ‘‘AA’’ title for a the Nation were recruiting capable and McGee was stationed in Europe, where team west of the Missouri River since accomplished female college students he served USEUR and the 7th Army in 1989. to be cherry blossom princesses to rep- Air Liaison duty and was promoted to The team was guided this season by resent their respective States in the Colonel. He then served as Chief of the senior leadership provided by ceremonies and festival parade. The Maintenance of the 50th Tactical Deming Haugland, Aaron Croff, Slade events were and still remain an at- Fighter Wing. He returned to the Larscheid and Timm Cooper. Haugland tempt to educate young women about United States in 1971 to serve for two and Croff were joined by Spartan soph- the history and political makeup of years at Richard Gebaur Air Force omore Matt Martin on the all-tour- various cultures around the world. Al- Base, MO. He served the Air Force nament team and Haugland received though the festivities experienced a Communications Service as Director of the coveted Spirit of Su Award, for his slight delay with the outbreak of WWII Maintenance Engineering and Com- sportsmanship and actions both on and in 1941, they soon regained their gran- mander of the base and the 1840th Air off the basketball court. deur in 1948 and were able to help fos- Base Wing before retiring in 1973. Over As Coach Martin told ‘‘The Black ter the healing process between the his career, he received many awards, Hills Pioneer’’ after the title victory, United States and Japan. More than including: the Legion of Merit with ‘‘It was due to a lot of hard work. The 2,500 students have participated in the Oak Leaf Cluster, Distinguished Flying boys put a lot of blood and sweat into cherry blossom princess program since Cross with two Oak Leaf Clusters, Le- it and they deserve it.’’ I want to com- 1948. As a proud representative of the gion of Merit, Air Medal with 25 Oak mend and applaud the community of Commonwealth of Kentucky in this Leaf Clusters, Army Commendation Spearfish for their support of young year’s Cherry Blossom Festival, Tara Medal, Air Force Commendation people. This title reflects that commu- Lynn Poe, a freshman at Centre Col- Medal, President Unit Citation, Korean nity support. I want to acknowledge lege in Danville, KY, will have the President Unit Citation, and the Re- Superintendent David Peters, Principal unique opportunity to personally meet public of Greece WWII Commendation Dr. Dan Leikvold, Athletic Director with President Bush and First Lady Medal. Karen Hahn, Head Coach Dan Martin, Laura Bush. She will be presenting Colonal McGee’s service to his fellow Assistant Coaches Les Schroeder, Dick them with a copy of a children’s book citizens did not end with his retire- Tschetter and Pete Wilson for their by Lexington author Paul Brett John- ment from the military. In 1972, he as- guidance and support to help make this son for the library foundation. Fur- sisted in the founding of Tuskegee Air- year’s team so successful. I also want thermore, Tara will have the chance to man, Incorporated. This organization to congratulate all of this year’s team learn from and with her fellow is dedicated to the preservation of the members: seniors Deming Haugland, Tuskegee Airman legacy and the moti- princesses and all involved in the fes- Aaron Croff, Slade Larscheid and vation of American youth, with a focus tival about Japan and other countries, Timm Cooper; juniors Tanner Tetrault, on minority youth, toward career in- international relations, and American Josh Delahoyde, Turner Johnson and terests in aerospace technology. To culture, politics, and history. On April Jared Noem; and sophomores Billy date the organization has raised over 5th by a random spin of the wheel, McDonald, Matt Martin, Josh Stadler, $1.7 million and helped over 500 gifted Tara will be eligible to be crowned this Derek Bertsch and Scott Betten, for American students of all races. Cur- year’s Cherry Blossom Queen and if se- their hard work, dedication and com- rently, Colonel McGee is serving his lected will be invited to visit Japan, mitment this season. Finally, I want to second term as the organization’s Ex- where she will be hosted by local dig- acknowledge the great work of team ecutive President. nitaries, including the Japanese Prime managers Eric Skavang, Wally Byrne, Throughout his life, Colonel McGee Minister and the Speaker of the Japa- Rachel Brady and Katie Goodnough, has shown extraordinary commitment nese Diet. to both our nation and his fellow citi- and the hard-working efforts of cheer- Kentuckians should be proud to have zens. Early in life, he overcame a soci- leaders Terra Ketchum, Sarah Hanna, Tara Lynn Poe representing the Com- ety adverse to the advancement of Af- Amber Orce and Angie Koski. monwealth in the Cherry Blossom Fes- rican Americans and served with dis- Again, congratulations to the Spear- tival and I wish her the best in all of tinction in World War II, Korea and fish Spartans on winning their first her future pursuits.∑ State basketball championship!∑ j Vietnam. Even in retirement, Colonel f McGee remains dedicated to the ad- f vancement of American youth and our THE 200TH ANNIVERSARY OF E.I. Nation. On behalf of the citizens of CONGRATULATIONS TO TARA DU PONT DE NEMOURS AND COM- Missouri and our great nation, I thank LYNN POE PANY Colonel McGee for a lifetime of out- ∑ Mr. BUNNING. Mr. President, I rise ∑ Mr. BIDEN. Mr. President, over the standing service.∑ today to honor and congratulate Tara past few weeks, banners have started

VerDate Mar 15 2010 20:48 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00064 Fmt 4637 Sfmt 0634 E:\2002SENATE\S21MR2.REC S21MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 21, 2002 CONGRESSIONAL RECORD — SENATE S2257 to appear on light-posts in my home Pont research in the 1920s also led to In addition to its industry leadership, town of Wilmington, DE, announcing the development of a quick-drying the DuPont Company has set the the celebration of the 200th anniver- paint for cars, which helped speed the standard, which has been followed by sary of E.I. du Pont de Nemours and manufacturing process, so DuPont’s other leading businesses in our State, Company, more familiarly and suc- automotive history goes back a long for outstanding corporate citizenship. cinctly known as the DuPont Com- way. The Company has long engaged in gen- pany. The 1930s saw the development of, erous charitable giving and support of It is a fairly modest call of attention among other products, nylon, the first non-profit agencies, both near its cor- to a remarkable event and a remark- true synthetic textile fiber, which I porate home in Delaware and in com- able business institution. DuPont is mentioned was so important early on munities where it operates throughout ® the oldest company in Delaware, and in World War II supplies; Teflon , the world, as well as supporting and en- certainly one of the oldest in our Na- which evolved in part out of war-re- couraging volunteer work and commu- tion; it has employed hundreds of thou- lated research and which we know from nity leadership by its employees. Du- ® sands of people in my State and mil- our own kitchen supplies; Butacite , Pont has made a particular and exten- lions around the world; it is a leader in which is used in shatter-proof glass; ® sive investment in science education scientific innovation that has remained and Lucite . and research, from kindergarten class- The 1950s brought the development of dynamic throughout its history, chang- rooms to university laboratories. Mylar®, which has uses from balloons ing with the times and, with more pat- ® So this 200-year-old Company re- ents than any other American firm, to insulation, as well as Dacron poly- mains an innovator, an investor in sus- ester, Orlon® acrylic fiber and the well- sometimes itself changing the times. ® tainable and successful communities, One symbol of DuPont keeping and known Lycra brand fiber, which can and a charitable leader in Delaware, even setting the pace, will soon be seen stretch to five times its size without across the country and around the losing its shape. DuPont also started by NASCAR fans around the country. world. I have not always agreed with its serious global investment, with the DuPont is the primary sponsor of Jeff the Board Chairs and CEOs of the Du- opening of the International Depart- Gordon’s race team, and beginning this Pont Company over the last 30 years, month, Mr. Gordon will be driving a ment, in 1958. In 1964, researcher Stephanie Kwolek, but I have always respected them, and special DuPont 200th anniversary car, whom I have had the pleasure of meet- deeply respected the place of honor which was unveiled in Wilmington last ing, developed the remarkably strong that the DuPont Company has earned fall. ® in Delaware and in the international The name DuPont is familiar fiber that we know as Kevlar , which, in its application in body armor, has business community. throughout and well beyond our Na- saved thousands of police officers’ So on behalf of the DuPont Com- tion, but many of our citizens, even lives. Tyvek®, which we see so often as pany’s neighbors and fellow citizens in NASCAR fans, may not realize how fa- building wrap, was also developed for Delaware, I am proud to honor its 200th miliar DuPont products are in their commercial application in the 1960s, as anniversary, and to extend congratula- daily lives, and may not know much of was Nomex®—where we again give tions to the company’s board, execu- the history of the company that has credit to Dr. Kwolek, along with Paul tive leaders and employees, along with endured and evolved, with a central Morgan, for their research. Nomex® is our very best wishes for continued suc- place in our scientific and economic a heat-resistant fiber with a range of cess in bringing ‘‘The miracles of life, and with such great importance to ® uses, the most well known of which is science’’ to life in a way that serves ∑ our State of Delaware. in protective gear for fire-fighters. us all. Founded in 1802 by Eleuthere Irenee Corian®, which is now so familiar as a f du Pont, with $36,000 in capital, 18 counter-top surface, followed shortly shares at $2,000 a piece, DuPont began JOHN E. ROBSON, PRESIDENT AND after. as a gunpowder plant, Eleutherian CHAIRMAN, EXPORT-IMPORT BANK To summarize where DuPont was at ∑ Mills, on the Brandywine River near the close of the 1960s in terms of its Mr. SARBANES. Mr. President, I rise Wilmington. By 1811, DuPont was the leadership and innovation, especially in tribute to John Robson, the Presi- largest manufacturer of gunpowder in in textile fibers, I’ll note that when dent and Chairman of the Export-Im- the United States. Neil Armstrong walked on the moon in port Bank of the United States, who Explosives long remained an impor- 1969, he was wearing a space suit made passed away yesterday morning. tant aspect of the company. During up of 25 layers; 23 of those layers were John had a truly remarkable career World War I, DuPont supplied the Al- DuPont materials. in both the public and private sectors. lies with 1.5 billion pounds of military The DuPont Company has continued Prior to becoming President and Chair- explosives, as well as providing Amer- to explore science-based solutions to man of the Export-Import Bank last ican industry with half the dynamite real-world problems in a range of mar- year, he most recently had been a sen- and blasting powder needed for con- kets, from health care and nutrition to ior adviser with the San Francisco in- struction and mining. And during apparel and textiles to performance vestment banking firm of Robertson World War II, DuPont produced 4.5 bil- coatings and polymers to construction Stephens. He served as Deputy Sec- lion pounds of military explosives, as and electronics, always working to de- retary of the Treasury under former well as nylon for parachutes, tents, velop new products and to find innova- President Bush from 1989–1992, and was ropes and other military supplies. The tive applications even for old work- Dean of the Emory School of Business company also contributed to the Man- horses like polyester and nylon. Just from 1986–88. From 1978–85 he was hattan Project, with the Hanford plant to note two current efforts, DuPont is President and Chief Executive Officer in Washington and the Oak Ridge plant undertaking leading-edge work in bio- of the pharmaceutical company G.D. in Tennessee, and built and operated technology, notably soy proteins, and Searle. He served as Chairman of the chemical plants related to the war ef- in polymers, with an advanced tech- U.S. Civil Aeronautics Board from 1975– fort. nology now known as Sorona®. 77, and was Under Secretary of Trans- It was in the company’s 100th anni- Among the many events in this anni- portation from 1967–69. He was a grad- versary year, 1902, that three of E.I. du versary year, in April, DuPont will be uate of Yale College and Harvard Law Pont’s great-grandsons bought out old presented with the National Building School. partners, and started to move toward Museum’s 2002 Honor Award, and I am I first worked with John during the diversification, opening Eastern Lab- proud to serve on the Leadership Com- crisis in the savings and loan industry oratory and, in 1903, the Experimental mittee for that event. In announcing in the 1980’s. As Deputy Secretary of Station in Wilmington. DuPont was the award, the Building Museum folks the Treasury, he served as the Admin- soon in the dye business, the rayon noted, ‘‘It is difficult to imagine many istration’s point person in dealing with business, and after a company re- aspects of modern construction with- one of the most serious financial crises searcher named William Hale Church out DuPont products, which make since the Great Depression. During made cellophane moisture-proof in buildings safer, more durable, and more that experience, I came to know John 1927, the food packaging business. Du- efficient.’’ as a very tough and determined leader

VerDate Mar 15 2010 20:48 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00065 Fmt 4637 Sfmt 0634 E:\2002SENATE\S21MR2.REC S21MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2258 CONGRESSIONAL RECORD — SENATE March 21, 2002 who helped restore stability to an im- Delancey Street is all the more im- David Sanford, Jr. has dedicated portant segment of the U.S. financial pressive because its training schools nearly 34 years to the United States system. provide important skills to its resi- Army Corps of Engineers, serving with Most recently, I worked closely with dents while providing wonderful serv- honor and distinction. The Corps public John in his role as President and ices to the community. It now operates engineering services are renowned as Chairman of the Export-Import Bank. five facilities throughout the country, world class. David, as a career member In my view, the Bank and the Adminis- including its headquarters in San Fran- of the Corps elite force, has exhibited tration were very fortunate to get an cisco. Delancey Street has many thriv- the kind of character and leadership individual of John’s experience and ing enterprises such as a moving com- that has been associated with the stature for that challenging job. pany, print and copy shop, Christmas Corps. I am proud that a native West The Export-Import Bank has a cru- tree lots, automotive services center Virginia son has earned the rank of the cial role to play in helping U.S. export- and the renowned Delancey Street Res- Senior Executive Service. He has the ers to compete in international mar- taurant, all run entirely by the resi- gratitude of his fellow West Virginians kets against foreign companies who re- dents. and of our Nation for his years of ex- ceive export subsidies from their gov- None of this would be possible with- emplary service. I know my colleagues ernments. However, the Eximbank is out the amazing Mimi Silbert, Presi- will join me in wishing him well in the often criticized from both the left and dent and Co-Founder of Delancey years ahead.∑ the right as providing unnecessary sub- Street. Her dedication, foresight, busi- sidies to U.S. exporters. In addition, ness sense and compassion embody the f the Eximbank also often receives inter- spirit of Delancey Street. I send my nal challenges within the Administra- warmest congratulations to Mimi and CONGRATULATIONS TO RUTH tion from the Treasury Department all of the staff, residents, volunteers CLAPLANHOO and OMB, who try to assert control and alumni on 30 years of success and over the Bank. John was extraor- my best wishes for even better decades ∑ Mrs. MURRAY. Mr. President, it is dinarily well suited to provide the ahead.∑ my pleasure to pay tribute to a distin- leadership to defend the important role f guished elder of the Makah Indian the Export-Import Bank plays in U.S. Tribe in Washington state, Ms. Ruth E. HONORING MR. DAVID B. trade policy within the Administra- Claplanhoo, whose 100th birthday was SANFORD, JR. tion, and to explain that role to the March 15, 2002. ∑ Mr. ROCKEFELLER. Mr. President, Congress and the public. Ms. Claplanhoo was born on March I was privileged to work closely with it has come to my attention that a 15, 1902 in Neah Bay, Washington, John in crafting S. 1372, the Export-Im- long distinguished career has come to where she still resides. Throughout her port Bank Reauthorization Act, which an end and a new chapter is beginning life, she has made many meaningful was just passed by the Senate last for Mr. David B. Sanford, Jr. Mr. San- contributions to the Makah Tribe and week. I am hopeful that the Congress ford, a native of Huntington, WV has to the community by selflessly serving will soon complete action on that legis- retired as Chief, Interagency and Inter- others. Through her service, she has lation and send it to the White House national Services Division, Directorate demonstrated her strong commitment for the President’s signature. It would of Military Programs, Headquarters, to family, her cultural identity, and be a fitting tribute to John’s leadership United States Army Corps of Engi- education. of the Eximbank. neers. I would like to extend my condo- Mr. Sanford is a United States Army An experienced tribal elder, Ms. lences of John’s wife, Margaret, and his veteran with active duty service from Claplanhoo has shared her knowledge son, Douglas. Our country will miss 1966 to 1969. He joined the United of Makah culture with many other peo- John’s outstanding leadership and States Army Corps of Engineers in 1971 ple. At an early age she learned the art dedicated service.∑ working at its Huntington, WV Dis- of basket weaving, which she used to f trict Office. A native of Huntington, he supplement her family’s income during received his undergraduate degree from the Depression. Her basket weaving IN CELEBRATION OF DELANCEY Concord College in Athens, WV and at- skills are so highly regarded that she STREET FOUNDATION’S 30TH AN- tended graduate school at Xavier Uni- once traveled to the Smithsonian Insti- NIVERSARY versity in Cincinnati, OH. Mr. tute in Washington, D.C. to dem- ∑ Mrs. BOXER. Mr. President, I would Sanford’s public service career has onstrate her gift. Ms. Claplanhoo is like to take this opportunity to share been filled with remarkable achieve- also fluent in the Makah language. with the Senate my thoughts on the ments. Previous to his most recent ap- During the 1960s she taught the lan- 30th Anniversary of the Delancey pointment, he was the Chief of the guage to students at the Neah Bay Street Foundation. Civil Works Policy Division, Head- School. Many of these students still It is my great pleasure to honor the quarters, United States Army Corps of continue the tradition of the Makah extraordinary contributions of the Engineers. In 1992, he served as a Water language passed on to them by Ms. Delancey Street Foundation. Thirty Resources Advisor, through a Congres- Claplanhoo. years ago, Delancey Street began offer- sional Fellowship, to the distinguished In addition to teaching, Ms. ing outstanding self-help services to Senator Daniel Patrick Moynihan from Claplanhoo worked continuously in former felons, substance abusers and New York, then Chairman of Environ- other ways to help young people suc- the homeless who wanted to build a ment and Public Works Committee. ceed and prosper. While raising her own new life. Today, Delancey Street is one Mr. Sanford has been the recipient of family, Ms. Claplanhoo also raised of the most successful drug treatment several public service awards. He has many foster children, whom she still programs in the Nation and has earned been honored by the United States De- cherishes as her own. a reputation as an international model partment of the Army for his signifi- for rehabilitation. At no cost to the cant contributions to national policy As the last of the elders who can re- taxpayer or client, Delancey Street has issues related to water resources and member taking a dugout canoe to the offered thousands of residents the nec- military infrastructure. harvest fields, Ms. Claplanhoo con- essary academic, vocational and inter- Through the years, many members of tinues to preserve the Makah culture personal skills to turn their lives Congress have relied on Mr. Sanford’s by sharing her knowledge of tribal his- around and become productive mem- insight and advice. He is trusted and tory and language with the Makah Mu- bers of society. Recently, Delancey respected throughout Washington and seum. Street began a unique partnership with the Federal Government. Additionally, It is with tremendous respect and ap- San Francisco State University to pro- he has mentored many young people preciation that I send Ruth Claplanhoo vide residents with college degrees. within the Corps of Engineers, encour- my best wishes and congratulations for Delancey Street is a shining light for aging them to serve their nation to the a century of service to her family, people who have nowhere else to turn. best of their ability. community and country.∑

VerDate Mar 15 2010 20:48 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00066 Fmt 4637 Sfmt 0634 E:\2002SENATE\S21MR2.REC S21MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 21, 2002 CONGRESSIONAL RECORD — SENATE S2259 THE CUSTER WILDCATS ARE THE the all-tournament team. In addition, I Graves, Sr. of New York, New York, 2002 SOUTH DAKOTA STATE want to recognize the work of team Mr. Michael L. Lomax of New Orleans, MEN’S ‘‘AA’’ BASKETBALL CHAM- managers Lacey Stender, Cassie Borg, Louisiana, Mr. Robert L. Wright of Al- PIONS Candi Cullum, Pete Linde, Ryan exandria, Virginia, Mr. Lerone Ben- ∑ Mr. JOHNSON. Mr. President, I rise Scheibe, Spencer Paulsen and Caleb nett, Jr. of Clarksdale, Mississippi, and today to recognize and congratulate Woods and the special support provided Ms. Claudine K. Brown of Brooklyn, the Custer Wildcats. The Wildcats by cheerleaders Amanda Halderman, New York. under veteran coach Larry Luitjens, Ashley Ziemann, Elizabeth Plooster As nonvoting members: Mr. J.C. won the South Dakota Class ‘‘A’’ Bas- and Shay Larson, under the guidance WATTS, JR. of Norman, Oklahoma and ketball Tournament March 16 in Sioux of advisor Cherri Block. Mr. JOHN LEWIS of Atlanta, Georgia. Falls, SD. Again, congratulations to the Custer f Wildcats on winning this year’s State This is the fifth title in a dozen years ENROLLED BILLS SIGNED for the Wildcats and Coach Luitjens. ‘‘A’’ basketball championship for the Custer defeated Pine Ridge and Crow State of South Dakota.∑ The following enrolled bills, pre- Creek to advance to the championship f viously signed by the Speaker of the game against long-time State tour- House, were signed on today, March 21, nament rival Lennox. The Wildcats ral- MESSAGES FROM THE PRESIDENT 2002, by President pro tempore (Mr. lied to win the contest 55–50. Custer Messages from the President of the BYRD): had defeated Lennox to claim State ti- United States were communicated to H.R. 2739. An act to amend Public Law 107– tles in 1992, 1993 and 1998. Lennox de- the Senate by Ms. Evans, one of his 10 to authorize a United States plan to en- feated Custer for the 1991 title. This is secretaries. dorse and obtain observer status for Taiwan the first State title won by Custer at the annual summit of the World Health f Assembly in May 2002 in Geneva, Switzer- since the 1998 championship, when EXECUTIVE MESSAGES REFERRED land, and for other purposes. Derek Paulsen hit a game-winning bas- H.R. 1499. An act to amend the District of ket. Just over a year later, Derek was As in executive session the Presiding Columbia College Access Act of 1999 to per- tragically killed in an automobile acci- Officer laid before the Senate messages mit individuals who enroll in an institution dent. from the President of the United of higher education more than 3 years after This year’s team included the ath- States submitting sundry nominations graduating from a secondary school and indi- letic talents of Derek’s brother, Paige, which were referred to the appropriate viduals who attend private historically black and their father Fred is a long-time As- committees. colleges and universities nationwide to par- sistant Coach to Luitjens. ‘‘It was just (The nominations received today are ticipate in the tuition assistance programs four years ago that we were here on under such Act, and for other purposes. printed at the end of the Senate pro- S. 2019. An act to extend the authority of this same floor and Derek made the ceedings.) the Export-Import Bank until April 30, 2002. last shot that won the game for us,’’ f f Coach Luitjens told the Rapid City Journal after this year’s title victory. MESSAGE FROM THE HOUSE MEASURES REFERRED ‘‘You can’t help but think about him.’’ At 9:48 a.m., a message from the The following bill was read the first Guided by the spirit and memory of House of Representatives, delivered by and the second times by unanimous Derek Paulsen, the team won 20 of Ms. Niland, one of its reading clerks, consent, and referred as indicated: their last 21 games. Another special announced that the House has agreed H.R. 3924. An act to authorize telecom- highlight this season came when Coach to the following concurrent resolu- muting for Federal contractors; to the Com- Luitjens became the winningest coach tions, in which it requests the concur- mittee on Governmental Affairs. in South Dakota basketball history. rence of the Senate: The following concurrent resolution Luitjens’ 35-year coaching career in- H. Con. Res. 360. Concurrent resolution was read, and referred as indicated: cludes stints with DeSmet, SD, and providing for a conditional adjournment of H. Con. Res. 353. Concurrent resolution es- New England, ND, and the long-time the House of Representatives and a condi- tablishing the congressional budget for the coach now has a record of 590–224. tional recess or adjournment of the Senate. United States Government for fiscal year Larry’s teams from 1989 to 1991 put to- H. Con. Res. 353. Concurrent resolution es- 2003 and setting forth appropriate budgetary gether a string of 49 consecutive vic- tablishing the congressional budget for the levels for each of fiscal years 2004 through tories, South Dakota’s longest winning United States Government for fiscal year 2007; to the Committee on the Budget. streak among State ‘‘A’’ teams. Larry 2003 and setting forth appropriate budgetary levels for each of fiscal years 2004 through f is known for his coaching expertise and 2007. MEASURES PLACED ON THE the quality of teams he puts on the H. Con. Res. 361. Concurrent resolution di- CALENDAR basketball court each year. He is also recting the Clerk of the House Representa- well-respected for the sportsmanship tives to make corrections in the enrollment The following bill was read the sec- he instills in his players and the stu- of the bill H.R. 2356. ond time, and placed on the calendar: dents he mentors each year and the re- H.R. 2804. An act to designate the United lationships he fosters between his team At 10:23 a.m., a message from the States courthouse located at 95 Seventh and other teams in South Dakota, es- House of Representatives, delivered by Street in San Francisco, California, as the pecially teams on South Dakota’s In- Ms. Niland, one of its reading clerks, ‘‘James R. Browning United States Court- house.’’ dian reservations. announced that the House has passed I want to applaud and commend the the following bill, in which it requests f community of Custer for their ongoing the concurrence of the Senate: REPORTS OF COMMITTEES support of young people. This title re- H.R. 3924. An act to authorize telecom- muting for Federal contractors. The following reports of committees flects that community support. I want were submitted: to acknowledge Superintendent Tim The message also announced that By Mr. LIEBERMAN, from the Committee Creal and Athletic Director Paul An- pursuant to section 2(b) of the National on Governmental Affairs, without amend- derson and recognize the dedicated ef- Museum of African American History ment: forts of Head Coach and Principal and Culture Plan for Action Presi- H.R. 1748: A bill to designate the facility of Larry Luitjens and Assistant Coaches dential Commission Act of 2001 (Public the United States Postal Service located at Fred Paulsen, Chris Kolker and Neil Law 107–106), the Speaker appoints the 805 Glen Burnie Road in Richmond, Virginia, Sieger. I congratulate the success and following members on the part of the as the ‘‘Tom Bliley Post Office Building.’’ hard work of players Brady Sumners, House of Representatives to the Na- H.R. 1749: A bill to designate the facility of Travis Meyers, Ben Mueller, Cash Mel- tional Museum of African American the United States Postal Service located at 685 Turnberry Road in Newport News, Vir- vin, Paige Paulsen, Michael Burke, History and Culture Plan for Action ginia, as the ‘‘Herbert H. Bateman Post Of- Matt Lyndoe, Danny Fool Bull, Mi- Presidential Commission: fice Building.’’ chael Arnold and Tyler Custis. Travis As voting members: Ms. Vicky A. H.R. 2577: A bill to designate the facility of Meyer and Tyler Custis were named to Bailey of Washington, D.C., Mr. Earl G. the United States Postal Service located at

VerDate Mar 15 2010 20:48 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00067 Fmt 4637 Sfmt 0634 E:\2002SENATE\S21MR2.REC S21MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2260 CONGRESSIONAL RECORD — SENATE March 21, 2002

310 South State Street in St. Ignace, Michi- Zumwalt, which nominations were received Mr. NELSON of Florida, and Mrs. gan, as the ‘‘Bob Davis Post Office Build- by the Senate and appeared in the Congres- FEINSTEIN): ing.’’ sional Record on February 15, 2002. S. 2048. A bill to regulate interstate com- H.R. 2876: A bill to designate the facility of By Mr. ROCKEFELLER for the Committee merce in certain devices by providing for pri- the United States Postal Service located in on Veterans’ Affairs. vate sector development of technological Harlem, Montana, as the ‘‘Francis *Daniel L. Cooper, of Pennsylvania, to be protection measures to be implemented and Bardanouve United States Post Office Build- Under Secretary for Benefits of the Depart- enforced by Federal regulations to protect ing.’’ ment of Veterans Affairs for a term of four digital content and promote broadband as H.R. 2910: A bill to designate the facility of years. well as the transition to digital television, the United States Postal Service located at *Robert H. Roswell, of Florida, to be Under and for other purposes; to the Committee on 3131 South Crater Road in Petersburg, Vir- Secretary of Health of the Department of Commerce, Science, and Transportation. ginia, as the ‘‘Norman Sisisky Post Office Veterans Affairs for a term of four years. By Mr. DEWINE (for himself, Mrs. Building.’’ *Nomination was reported with rec- CLINTON, and Mr. DODD): S. 2049. A bill to amend the Federal Food, H.R. 3072: A bill to designate the facility of ommendation that it be confirmed sub- the United States Postal Service located at Drug and Cosmetic Act to include a 12 month 125 Main Street in Forest City, North Caro- ject to the nominee’s commitment to notification period before discontinuing a bi- lina, as the ‘‘Vernon Tarlton Post Office respond to requests to appear and tes- ological product, and for other purposes; to Building.’’ tify before any duly constituted com- the Committee on Health, Education, Labor, H.R. 3379: A bill to designate the facility of mittee of the Senate. and Pensions. the United States Postal Service located at (Nominations without an asterisk By Mr. WELLSTONE (for himself and 375 Carlls Path in Deer Park, New York, as were reported with the recommenda- Mr. DAYTON): the ‘‘Raymond M. Downey Post Office Build- tion that they be confirmed.) S. 2050. A bill to amend the Internal Rev- ing.’’ enue Code of 1986 to treat nominally foreign By Mr. LIEBERMAN, from the Committee f corporations created through inversion on Governmental Affairs, without amend- INTRODUCTION OF BILLS AND transactions as domestic corporations; to ment and with a preamble: JOINT RESOLUTIONS the Committee on Finance. H. Con. Res. 339: A concurrent resolution By Mr. REID (for himself, Mr. HUTCH- expressing the sense of the Congress regard- The following bills and joint resolu- INSON, Mr. WARNER, Mr. LEVIN, Mr. ing the Bureau of the Census on the 100th an- tions were introduced, read the first DASCHLE, Mr. LOTT, Mr. KENNEDY, niversary of its establishment. and second times by unanimous con- Mr. THURMOND, Mr. LIEBERMAN, Mr. By Mr. LIEBERMAN, from the Committee sent, and referred as indicated: MCCAIN, Mr. CLELAND, Mr. SMITH of on Governmental Affairs, without amend- New Hampshire, Ms. LANDRIEU, Mr. By Mr. ROBERTS (for himself, Mr. ment: INHOFE, Mr. REED, Mr. SANTORUM, CRAIG, and Mr. BURNS): S. 1222: A bill to redesignate the facility of Mr. AKAKA, Mr. ROBERTS, Mr. NELSON S. 2040. A bill to provide emergency agri- the United States Postal Service located at of Florida, Mr. ALLARD, Mr. NELSON cultural assistance to producers of the 2002 89 River Street in Hoboken, New Jersey, as of Nebraska, Mr. SESSIONS, Mrs. crop; to the Committee on Agriculture, Nu- the ‘‘Frank Sinatra Post Office Building.’’ CARNAHAN, Ms. COLLINS, Mr. DAYTON, trition, and Forestry. f Mr. BUNNING, and Mr. BINGAMAN): By Mr. BAUCUS: S. 2051. A bill to remove a condition pre- EXECUTIVE REPORTS OF S. 2041. A bill to amend the Harmonized venting authority for concurrent receipt of COMMITTEES Tariff Schedule of the United States relating military retired pay and veterans’ disability to certain footware; to the Committee on Fi- The following executive reports of compensation from taking affect, and for nance. other purposes; to the Committee on Armed committees were submitted: By Ms. COLLINS (for herself and Ms. Services. By Mr. HOLLINGS for the Committee on LANDRIEU): By Mr. ROCKEFELLER: Commerce, Science, and Transportation. S. 2042. A bill to expand access to afford- S. 2052. A bill to amend part A of title IV Robert Watson Cobb, of Maryland, to be In- able health care and to strengthen the of the Social Security Act to reauthorize and spector General, National Aeronautics and health care safety net and make health care improve the temporary assistance to needy Space Administration. services more available in rural and under- families program, and for other purposes; to *James R. Mahoney, of Virginia, to be As- served areas; to the Committee on Finance. the Committee on Finance. sistant Secretary of Commerce for Oceans By Mr. ROCKEFELLER: By Mr. FRIST: and Atmosphere. S. 2043. A bill to amend title 38, United S. 2053. A bill to amend the Public Health *Coast Guard nomination of Rear Adm. (lh) States Code, to extend by five years the pe- Service Act to improve immunization rates Mary P. O’Donnell. riod for the provision by the Secretary of by increasing the distribution of vaccines *Coast Guard nomination of Vice Adm. Veterans Affairs of noninstitutional ex- and improving and clarifying the vaccine in- Thomas H. Collins. tended care services and required nursing jury compensation program, and for other Mr. HOLLINGS. Mr. President, for home care, and for other purposes; to the purposes; to the Committee on Health, Edu- the Committee on Commerce, Science, Committee on Veterans’ Affairs. cation, Labor, and Pensions. By Mr. ROCKEFELLER: and Transportation I report favorably By Mrs. CLINTON (for herself, Mr. S. 2044. A bill to provide for further im- REID, and Mr. KENNEDY): the following nomination lists which provement of the program to expand and im- S. 2054. A bill to amend the Public Health were printed in the RECORD on the prove the provision of specialized mental Service Act to establish a Nationwide Health dates indicated, and ask unanimous health services to veterans; to the Com- Tracking Network, and for other purposes ; consent, to save the expense of reprint- mittee on Veterans’ Affairs. to the Committee on Health, Education, ing on the Executive Calendar that By Mrs. BOXER (for herself and Mr. Labor, and Pensions. these nominations lie at the Sec- SMITH of Oregon): By Ms. CANTWELL: retary’s desk for the information of S. 2045. A bill to amend the Foreign Assist- S. 2055. A bill to make grants to train sex- ance Act of 1961 to take steps to control the ual assault nurse examiners, law enforce- Senators. growing international problem of tuber- ment personnel, and first responders in the The PRESIDING OFFICER. Without culosis; to the Committee on Foreign Rela- handling of sexual assault cases, to establish objection, it is so ordered. tions. minimum standards for forensic evidence Coast Guard nominations beginning Don- By Mr. CRAIG: collection kits, to carry out DNA analyses of ald E. Bunn and ending Dale M. Rausch, S. 2046. A bill to amend the Public Health samples from crime scenes, and for other which nominations were received by the Sen- Service Act to authorize loan guarantees for purposes; to the Committee on the Judici- ate and appeared in the Congressional rural health facilities to buy new and repair ary. Record on January 23, 2002. existing infrastructure and technology; to By Mr. NELSON of Florida (for himself Coast Guard nominations beginning David the Committee on Health, Education, Labor, and Mrs. CARNAHAN): W. Lunt and ending Mary A. Wysock, which and Pensions. S. 2056. A bill to ensure the independence nominations were received by the Senate and By Mr. BREAUX (for himself and Mr. of accounting firms that provide auditing appeared in the Congressional Record on BOND): services to publicly traded companies and of January 28, 2002. S. 2047. A bill to amend the Internal Rev- executives, audit committees, and financial Coast Guard nominations beginning David enue Code of 1986 to allow distilled spirits compensation committees of such compa- M. Butler and ending John S. Leyerle, which wholesalers a credit against income tax for nies, and for other purposes; to the Com- nominations were received by the Senate and their cost of carrying Federal excise taxes mittee on Banking, Housing, and Urban Af- appeared in the Congressional Record on prior to the sale of the product bearing the fairs. February 15, 2002. tax; to the Committee on Finance. By Mrs. LINCOLN (for herself, Mr. Coast Guard nominations beginning Re- By Mr. HOLLINGS (for himself, Mr. REID, Mr. BINGAMAN, Mrs. MURRAY, becca L. Albert and ending Allison L. STEVENS, Mr. INOUYE, Mr. BREAUX, Ms. LANDRIEU, Ms. MIKULSKI, Mr.

VerDate Mar 15 2010 20:48 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00068 Fmt 4637 Sfmt 0634 E:\2002SENATE\S21MR2.REC S21MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 21, 2002 CONGRESSIONAL RECORD — SENATE S2261 GRAHAM, Ms. SNOWE, Mr. CORZINE, By Mr. DASCHLE (for himself, Mr. 948, a bill to amend title 23, United and Mrs. CARNAHAN): LOTT, Mr. CLELAND, and Mr. MILLER): States Code, to require the Secretary S. 2057. A bill to amend title XVIII of the S. Res. 231. A resolution relative to the of Transportation to carry out a grant Social Security Act to permit expansion of death of the Honorable Herman E. Talmadge, program for providing financial assist- medical residency training programs in geri- formerly a Senator from the State of Geor- atric medicine and to provide for reimburse- gia; considered and agreed to. ance for local rail line relocation ment of care coordination and assessment projects, and for other purposes. f services provided under the medicare pro- S. 1492 gram; to the Committee on Finance. ADDITIONAL COSPONSORS At the request of Mr. GRAMM, the By Mrs. LINCOLN (for herself, Mr. S. 170 name of the Senator from Idaho (Mr. BREAUX, and Mr. ROCKEFELLER): S. 2058. A bill to replace the caseload re- At the request of Mr. REID, the name CRAPO) was added as a cosponsor of S. duction credit with an employment credit of the Senator from Alaska (Mr. MUR- 1492, a bill to amend the Internal Rev- under the program of block grants to States KOWSKI) was added as a cosponsor of S. enue Code of 1986 to repeal the tax re- for temporary assistance for needy families, 170, a bill to amend title 10, United lief sunset and to reduce the maximum and for other purposes; to the Committee on States Code, to permit retired mem- capital gains rates for individual tax- Finance. bers of the Armed Forces who have a payers, and for other purposes. By Ms. MIKULSKI (for herself, Mr. S. 1549 KENNEDY, Mr. HUTCHINSON, and Mr. service-connected disability to receive DODD): both military retired pay by reason of At the request of Mr. LIEBERMAN, the S. 2059. A bill to amend the Pubic Health their years of military service and dis- name of the Senator from New Mexico Service Act to provide for Alzheimer’s dis- ability compensation from the Depart- (Mr. BINGAMAN) was added as a cospon- ease research and demonstration grants; to ment of Veterans Affairs for their dis- sor of S. 1549, a bill to provide for in- the Committee on Health, Education, Labor, ability. creasing the technically trained work- and Pensions. force in the United States. By Mr. NELSON of Florida (for himself S. 259 S. 1644 and Mr. GRAHAM): At the request of Mr. BINGAMAN, the S. 2060. A bill to name the Department of name of the Senator from Washington At the request of Mr. CAMPBELL, the Veterans Affairs Regional Office in St. Pe- (Ms. CANTWELL) was added as a cospon- name of the Senator from Utah (Mr. tersburg, Florida, after Franklin D. Miller; sor of S. 259, a bill to authorize funding BENNETT) was added as a cosponsor of to the Committee on Veterans’ Affairs. the Department of Energy to enhance S. 1644, a bill to further the protection By Mr. BOND: and recognition of veterans’ memo- S. 2061. A bill to establish a national re- its mission areas through Technology sponse to terrorism, a national urban search Transfer and Partnerships for fiscal rials, and for other purposes. and rescue task force program to ensure years 2002 through 2006, and for other S. 1655 local capability to respond to the threat and purposes. At the request of Mr. BIDEN, the aftermath of terrorist activities and other S. 540 name of the Senator from Michigan emergencies, and for other purposes; to the At the request of Mr. DEWINE, the (Mr. LEVIN) was added as a cosponsor of Committee on Environment and Public S. 1655, a bill to amend title 18, United Works. names of the Senator from Arkansas By Mr. DURBIN: (Mrs. LINCOLN) and the Senator from States Code, to prohibit certain inter- S. 2062. A bill to provide fast-track trade Idaho (Mr. CRAPO) were added as co- state conduct relating to exotic ani- negotiating authority to the President; to sponsors of S. 540, a bill to amend the mals. the Committee on Finance. Internal Revenue Code of 1986 to allow S. 1707 By Mrs. LINCOLN: as a deduction in determining adjusted At the request of Mr. JEFFORDS, the S. 2063. A bill to authorize the Secretary of gross income the deduction for ex- Agriculture to sell or exchange all or part of name of the Senator from Idaho (Mr. certain administrative sites and other land penses in connection with services as a CRAIG) was added as a cosponsor of S. in the Ozark-St. Francis and Ouachita Na- member of a reserve component of the 1707, a bill to amend title XVIII of the tional Forests and to use funds derived from Armed Forces of the United States, to Social Security Act to specify the up- the sale or exchange to acquire, construct, or allow employers a credit against in- date for payments under the medicare improve administrative sites; to the Com- come tax with respect to employees physician fee schedule for 2002 and to mittee on Agriculture, Nutrition, and For- who participate in the military reserve direct the Medicare Payment Advisory estry. components, and to allow a comparable Commission to conduct a study on re- By Mr. MCCAIN (for himself, Mr. SMITH credit for participating reserve compo- placing the use of the sustainable of New Hampshire, Mr. JEFFORDS, nent self-employed individuals, and for and Mr. INOUYE): growth rate as a factor in determining S. 2064. A bill to reauthorize the United other purposes. such update in subsequent years. States Institute for Environmental Conflict S. 677 S. 1708 Resolution, and for other purposes; to the At the request of Mr. HATCH, the At the request of Mr. MCCONNELL, Committee on Environment and Public names of the Senator from New Mexico the name of the Senator from Georgia Works. (Mr. DOMENICI) and the Senator from By Mr. CAMPBELL (for himself and (Mr. MILLER) was added as a cosponsor Mr. ALLARD): Connecticut (Mr. DODD) were added as of S. 1708, a bill to amend the Robert T. S. 2065. A bill to provide for the implemen- cosponsors of S. 677, a bill to amend the Stafford Disaster Relief and Emer- tation of air quality programs developed pur- Internal Revenue Code of 1986 to repeal gency Assistance Act to ensure the suant to an Intergovernmental Agreement the required use of certain principal re- continuity of medical care following a between the Southern Ute Indian Tribes and payments on mortgage subsidy bond fi- major disaster by making private for- the State of Colorado concerning Air Quality nancing to redeem bonds, to modify the profit medical facilities eligible for Control on the Southern Ute Indian Reserva- purchase price limitation under mort- Federal disaster assistance. tion, and for other purposes; to the Com- mittee on Environment and Public Works. gage subsidy bond rules based on me- S. 1915 dian family income, and for other pur- f At the request of Mrs. LINCOLN, the poses. name of the Senator from North Da- SUBMISSION OF CONCURRENT AND S. 891 kota (Mr. DORGAN) was added as a co- SENATE RESOLUTIONS At the request of Mr. DODD, the name sponsor of S. 1915, a bill to amend the The following concurrent resolutions of the Senator from Michigan (Ms. Internal Revenue Code of 1986 to treat and Senate resolutions were read, and STABENOW) was added as a cosponsor of natural gas distribution lines as 10- referred (or acted upon), as indicated: S. 891, a bill to amend the Truth in year property for depreciation pur- By Mr. CORZINE (for himself and Mr. Lending Act with respect to extensions poses. LIEBERMAN): of credit to consumers under the age of S. 2009 S. Res. 230. A resolution expressing the 21. At the request of Mr. DURBIN, the sense of the Senate that Congress should re- S. 948 ject reductions in guaranteed Social Secu- name of the Senator from North Caro- rity benefits proposed by the President’s At the request of Mr. LOTT, the name lina (Mr. EDWARDS) was added as a co- Commission to Strengthen Social Security; of the Senator from Missouri (Mr. sponsor of S. 2009, a bill to amend the to the Committee on Finance. BOND) was added as a cosponsor of S. Public Health Service Act to provide

VerDate Mar 15 2010 20:48 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00069 Fmt 4637 Sfmt 0634 E:\2002SENATE\S21MR2.REC S21MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2262 CONGRESSIONAL RECORD — SENATE March 21, 2002 services for the prevention of family sistance for this crop-year. Will it be lands Reserve Program; $300 million in violence. through a new farm bill, if we can get additional funds for the Environmental S. 2039 through a new farm bill—and I cer- Quality Incentives Program, EQIP; $161 At the request of Mr. DURBIN, the tainly hope we can and people are million for the Farmland Protection names of the Senator from Missouri working in good faith to get that ac- Program; and $500 million for the live- (Mrs. CARNAHAN), the Senator from complished—but will it be through a stock feed assistance program, LAP, to North Dakota (Mr. DORGAN), the Sen- new farm bill in place for the 2002 provide assistance to producers for ator from South Dakota (Mr. JOHNSON), crops, or will it be through a supple- losses suffered in 2001 and 2002. and the Senator from Nevada (Mr. mental assistance package for 2002 I will be happy to talk this proposal REID) were added as cosponsors of S. while the new bill would go into effect over with my colleagues, and I seek bi- 2039, a bill to expand aviation capacity for the 2003 crops? partisan cosponsors in this effort. in the Chicago area. My point in introducing this legisla- These market loss assistance levels are tion is to send a clear message to pro- above the levels provided to program S. RES. 132 ducers and their bankers, and that crops last year and they are similar to At the request of Mr. CAMPBELL, the message is this: We are going to do ev- the AMTA payment levels we provided name of the Senator from Pennsyl- erything in our power in Congress to in 2000. vania (Mr. SPECTER) was added as a co- get a farm bill completed and out the In closing, while this package does sponsor of S. Res. 132, a resolution rec- door, but we should also make sure it not represent a new farm bill, it does ognizing the social problem of child is a good bill, and doing a good bill send a strong signal to producers and abuse and neglect, and supporting ef- does take time. If additional time is their bankers that even if a farm bill forts to enhance public awareness of it. needed to complete the bill past the cannot be completed in time to apply f time when it can apply to this year’s to the 2002 year crop, we do intend to STATEMENTS ON INTRODUCED crops, we are then ready to come in hold them whole or have a hold harm- BILLS AND JOINT RESOLUTIONS with a supplemental assistance pack- less bill at a level of Market Loss As- age. sistance that is somewhat higher than By Mr. ROBERTS (for himself, This is an important line in the sand occurred last year. Mr. CRAIG, and Mr. BURNS): that our producers and our lenders can Many of us are hearing from pro- S. 2040. A bill to provide emergency use to gauge cashflow projections as ducers and lenders for guidance on agricultural assistance to producers of they work on operating loans for this what to plan for in terms of assistance the 2002 crop; to the Committee on Ag- crop-year. It is an important and nec- this year. This bill makes clear we riculture, Nutrition, and Forestry. essary signal as we move toward a stand ready to again support our pro- Mr. ROBERTS. Mr. President, I rise planting season that will soon be in ducers if we cannot complete the new today to introduce an agricultural sup- full swing in many parts of the coun- bill in time for 2002 crops, which I hope plemental assistance package for the try. we can do. I urge support for this legis- 2002 crops. I had hoped we would not be Unlike the 1,400-page farm bill we lation. in this position today. Unfortunately, passed in the Senate, there are no sur- due to delays in completing the farm prises in this supplemental legislation. By Ms. COLLINS (for herself and bill conference report prior to the The bill is very similar to the assist- Ms. LANDRIEU): Easter recess, I believe it is necessary ance packages we have provided to our S. 2042. A bill to expand access to af- to introduce this legislation. producers in recent years, and it ad- fordable health care and to strengthen I want to make it very clear that in heres to the budget allocations that the health care safety net and make introducing this legislation, it does not were provided for agriculture in last health care services more available in mean the farm bill is dead. It may need year’s budget resolution. rural and underserved areas; to the CPR, but it certainly is not dead. Quite I have a list of levels of assistance Committee on Finance. the contrary. The staff of conferees that will be provided to farmers and Ms. COLLINS. Mr. President, I am have been instructed by the distin- ranchers. The levels of assistance are pleased to join with my good friend and guished leadership of both parties of as follows: colleague, the Senator from Louisiana, the House and Senate to continue to $5.047 billion for a Market Loss As- MARY LANDRIEU, in introducing the Ac- work over the recess period in the hope sistance, MLA, payment equal to the cess to Affordable Health Care Act. that a bill can be completed shortly 2000 AMTA payment received by our This is a comprehensive seven-point after the Easter recess. Having been in- producers. On a crop-by-crop basis, this plan that builds on the strengths of our volved in numerous farm bills, I know is: wheat, 58.8 cents a bushel; corn, 33.4 current programs, both public and pri- these conferences can often become cents a bushel; sorghum, 40 cents a vate, to make quality affordable health quite contentious and bogged down. bushel; barley, 25.1 cents a bushel; cot- care available to millions more Ameri- Furthermore, it is not going to be ton, 7.33 cents a pound; rice, $2.60 per cans. easy to implement this bill, not to cwt; oats, 2.8 cents a bushel. One of my top priorities in the Sen- mention the wisdom of simply trying All of these figures are above the ate has been to expand access to afford- to push through a bill so we can just level of MLAs we provided last year. able health care to all Americans. say it applies to 2002 crops. That may The bill also includes: $466 million for There are still far too many people in be easy to do this year, but it may be oilseed payments; $55.21 million for our country without health insurance difficult to live under the problems we payments to peanut producers; $93 mil- or with woefully inadequate coverage. could create for the next 5 or 6 years. lion for recourse loans to honey pro- An estimated 39 million Americans do Has anyone really stopped to con- ducers; $186 million for specialty crop not have health care insurance, includ- sider this? commodity purchases, with at least $55 ing more than 150,000 in my home State In addition, we already have many million used for school lunch program of Maine. farmers in the South who have begun purchases; $16.94 million for payments The fact is, health insurance mat- their spring planting, and producers all to wool and mohair producers; $93 mil- ters. The simple fact is that people throughout the Nation will begin to lion for cottonseed assistance; LDP eli- with health insurance are healthier pull their drills through the fields in gibility for crops produced on non- than those who lack coverage. People the coming weeks. Many of these pro- AMTA acreage; LDP graze-out for without health insurance are less like- ducers and their bankers are des- wheat, barley, and oats for the 2002 ly to seek care when they need it and perately trying to run cashflow charts crop; extension of the dairy price sup- tend to forgo services such as periodic and figure out exactly what they will port program through December 31, checkups and preventative services. As be dealing with for this current crop as 2002; $20 million for payment to pro- a consequence, they are far more likely they work to determine their operating ducers of pulse crops; $100 million for to be hospitalized or to require costly loans. They are scratching their heads. tobacco assistance; $44 million for Con- medical attention for conditions that The biggest uncertainty they face is servation Reserve Program Technical could have been prevented or cured if the level and form of agricultural as- Assistance; $200 million for the Wet- caught at an early stage.

VerDate Mar 15 2010 20:48 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00070 Fmt 4637 Sfmt 0634 E:\2002SENATE\S21MR2.REC S21MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 21, 2002 CONGRESSIONAL RECORD — SENATE S2263 Not only does this put the health of cess to affordable long-term care; six, many employees as large firms. The these individuals at greater risk, but it to promote healthier lifestyles, and legislation we are introducing will help also puts additional pressure on our al- seven, to provide more equitable Medi- address these problems by authorizing ready financially challenged hospitals care payments to Maine providers to Federal grants to provide start-up and emergency rooms. Compared with reduce the Medicare shortfall. funding to States to assist them with people who have health insurance cov- This shortfall, this lack of fair reim- the planning, development, and oper- erage, uninsured adults are four times bursement for Medicare services, has ation of small employer purchasing co- and uninsured children five times more forced hospitals, physicians, and other operatives. likely to use a hospital emergency providers to shift costs on to other I am not talking about association room. The costs of care for these indi- payers in the form of higher charges. health plans, which are controversial viduals are often absorbed by providers That drives up the cost of health insur- for a number of reasons. I am talking and then passed on to covered individ- ance, and it is one of the reasons that about small employer purchasing co- uals through increased fees and higher Maine’s rates are higher than the in- operatives. They will help to reduce insurance premiums. surance rates in most other States. the costs of health insurance for small Maine is in the midst of a growing I will discuss each of these seven employers by allowing them to band health insurance crisis. Insurance pre- points in more detail. First, expanding together to purchase insurance jointly. miums are rising at alarming rates. access for small businesses, this legis- Group purchasing cooperatives have Whether I am talking to a self-em- lation builds upon a bill I introduced a number of advantages for smaller ployed fisherman or the owner of a with Senator LANDRIEU last year to employers. They will, for example, struggling small business or the human help small employers cope with rising bring an increased number of partici- resources manager of a large corpora- health care costs. Since most Ameri- pants into the group and that helps to tion, the cost of health insurance is a cans get their health insurance lower the premium costs. They also de- common concern. through their employers, it is a com- crease the risk of adverse selection. In 1999, the average family premium mon assumption that people without Our legislation would also authorize a for employer-based coverage in Maine health insurance are unemployed, but Small Business Administration grant was more than $6,000, the 14th highest that is not accurate. The fact is most program for States, local governments, in the Nation at that time. Since then, uninsured Americans are members of and nonprofits to provide information Maine employers have faced premium families with at least one full-time about the benefits of health insurance increases of as much as 40 percent a worker. to smaller employers, including the tax As many as 82 percent of Americans year. In fact, my own brother called me benefits, the increased productivity of without health insurance are in a fam- recently to tell me that his small busi- employees and decreased turnover. ily with a full-time worker. Uninsured ness is faced with a 40-percent increase Grants would be used to make employ- working Americans are most often the in health insurance premiums on top of ers aware of their current rights under employees of small businesses. In fact, a 30-percent increase the year before. State and Federal laws. some 60 percent of uninsured workers These premium increases are particu- For example, one survey showed that are employed by small firms. Smaller larly burdensome for smaller busi- 57 percent of small employers did not firms generally face higher costs for nesses, the backbone of Maine’s econ- realize they could deduct 100 percent of health insurance than larger compa- omy. Many small business owners are the costs of their health insurance pre- nies, which makes them less likely to caught in a real squeeze. They know if miums as a business expense. offer coverage. they pass on the premium increase to I know from my conversations with The legislation that Senator LAN- their employees, then more and more small businesses all over Maine that DRIEU and I are introducing would also employees will be forced to decline cov- they want to offer health insurance as create a new program to encourage in- erage and, thus, will be completely un- a benefit for their employees. They novation by awarding demonstration insured, and yet these small employers know it would help them to attract and grants in up to 10 States to look at in- simply cannot continue to absorb pre- retain good workers. The only reason novative coverage expansion such as mium increases of 20 to 30 to 40 percent these small businesses are not offering alternative group purchasing or pool- year after year. health insurance is a simple one: They ing arrangements, individual or small The problem of rising costs is even simply cannot afford the premium group market reforms, or subsidies to more acute for individuals and families costs. employers or individuals purchasing who must purchase health insurance on The legislation we are introducing coverage. their own. Anthem Blue Cross/Blue today will help small businesses cope The States have been the labora- Shield, the single remaining carrier in with rising costs by providing new tax tories of reform. For example, some Maine’s nongroup market, has in- credits for them to make health insur- States have looked at providing assist- creased its rates by 40 percent over the ance more affordable. It will encourage ance to employees to help them afford past 2 years. Monthly insurance pre- those small businesses who are now of- their share of an employer-provided in- miums often exceed the family’s fering health insurance to continue to surance plan. monthly mortgage payments. It is no do so in the face of escalating pre- Second, the Access to Affordable wonder that more than 150,000 Mainers miums. It will encourage them to make Health Care Act will help expand ac- are now uninsured. Clearly, we simply the decision not to drop coverage, and cess to affordable health care for indi- must do more to make health insur- it will prompt small employers who viduals and families who are pur- ance more affordable and more avail- want to provide this coverage but have chasing coverage on their own. It able. found it financially out of reach, to would, for example, allow self-em- The Access to Affordable Health Care now offer this important benefit. ployed Americans to deduct the full Act, which Senator LANDRIEU and I are The legislation will also help to in- amount of their health care premiums introducing today, is a 7-point plan crease the clout of small businesses in retroactive to January 1 of this year. that combines a variety of public and negotiating with insurers. Premiums Some 25 million Americans are in private approaches to make quality are generally higher for smaller busi- families headed by a self-employed in- health care coverage more affordable. nesses because they do not have as dividual, and of these 5 million are un- The legislation’s seven goals are: much purchasing power as large com- insured. So if we establish parity in the One, to expand access to affordable panies. This limits their ability to bar- tax treatment for health insured costs health care for small businesses; two, gain for lower rates. They also tend to between the self-employed and those to make health insurance more afford- have higher administrative costs than working for large corporations, we will able for individuals and families pur- larger companies because they have promote equity, and we will help to re- chasing coverage on their own; three, fewer employees among whom to duce the number of uninsured by work- to strengthen the health care safety spread the fixed costs of a health insur- ing Americans. net for those who lack coverage; four, ance plan. Another step this bill would take to expand access to care in rural and Moreover, they are not able to spread would build on the success of the State underserved areas; five, to increase ac- the risks of medical claims over as children’s health insurance program,

VerDate Mar 15 2010 20:48 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00071 Fmt 4637 Sfmt 0634 E:\2002SENATE\S21MR2.REC S21MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2264 CONGRESSIONAL RECORD — SENATE March 21, 2002 one of the very first bills I sponsored as individuals who are living in public much-loved parent or spouse in long- a Senator. This program provides in- housing. These centers, which operate term care and facing the shocking real- surance for children of low-income in underserved rural and urban commu- ization that they will have to cover the families who cannot afford health in- nities, provide critical primary care costs themselves. surance and yet earn too much money services to millions of Americans, re- The Access to Affordable Health Care to qualify for Medicaid. gardless of their ability to pay. About Act will provide a tax credit for long- We are proposing that we allow, as 20 percent of the patients treated at term care expenses of up to $3,000 to Senator KENNEDY’s family care bill Maine’s community health centers provide some help to those families would, the option for States to cover have no insurance coverage. Many struggling to provide long-term care to the parents of children who are en- more have inadequate coverage. These a loved one. It will also encourage rolled in programs like Maine’s community health centers play a crit- more Americans to plan for their fu- MaineCare program. States could also ical role in providing a health care ture long-term care needs by providing use funds provided through this pro- safety net for some of our most vulner- a tax deduction to help them purchase gram to help eligible working families able individuals. private long-term insurance. pay their share of an employer-based The problem of access to affordable Health insurance alone is not going health insurance plan. In short, this health care services is not limited to to ensure good health. As noted author legislation will help ensure low-income the uninsured. It is also shared by and physician Dr. Michael Crichton has working families receive the health many Americans living in rural and observed, ‘‘the future of medicine lies care they need. underserved areas where there is a seri- not in treating illness, but preventing Another provision of the bill would ous shortage of health care providers. it.’’ Many of our most serious health allow States to expand coverage to eli- The legislation we are introducing, problems are directly related to gible legal immigrants through the therefore, includes a number of provi- unhealthy behaviors— smoking, lack of Medicaid and SCHIP programs. Maine sions to strengthen the National regular exercise, and poor diet. These is one of a number of States that is al- Health Service Corps, which supports three major risk factors alone have ready covering eligible legal immi- doctors, dentists, and other clinicians made Maine the State with the fourth grants, pregnant women, and children who serve in rural and inner-city areas. highest death rate due to four largely under Medicaid using 100 percent State For example, taxing students ad- preventable disease: Cardiovascular dollars. Giving States the option of versely affects their financial incentive disease, cancer, chronic lung disease covering these children and families to participate in the National Health and diabetes. These four chronic dis- under Medicaid will enable them to re- Service Corps and provide health care eases are reponsible for 70 percent of ceive Federal matching funds. services in underserved communities. the health care problems in Maine. Another provision of the bill would Last year’s tax bill provided a tax de- Our bill therefore contains a number give States the option of extending duction for National Health Service of provisions designed to promoted Medicaid to childless adults below 125 Corps scholarship recipients to deduct healthy lifestyles. An ever-expanding percent of the Federal poverty level all tuition, fees, and related edu- body of evidence shows that these who cannot afford private insurance cational expenses from their income kinds of investment in health and who have been forgotten or over- taxes. The deduction did not extend to promotiong and prevention offer re- looked by other public programs. loan repayment recipients however, so turns not only in reduced health care Maine has applied for a waiver to ex- loan repayment amounts are still taxed bill, but in longer life and increased pand its Medicaid Program in this way, as income. Participants in the loan re- productivity. The legislation will pro- and the State estimates this will pro- payment program are actually given vide grants to States to assist small vide health coverage to an estimated extra payment amounts to help them businesses wishing to establish ‘‘work- 16,000 low-income uninsured Mainers. cover their tax lability which, frankly, site wellness’’ programs for their em- Many people with serious health is a little ridiculous. It makes much ployees. It would also authorize a grant problems encounter difficulties in find- more sense to simply exempt them program to support new and existing ing a company that is willing to insure from taxation in the first place. ‘‘community partnerships,’’ such as the them. To address this problem, the Col- In addition, the legislation will allow Healthy Community Coalition in lins-Landrieu bill authorizes Federal National Health Service Corps partici- Franklin County, to promote healthy grants to provide money for States to pants to fulfill their commitment on a lifestyles among hospitals, employers, create high-risk pools through which part-time basis. Current law requires schools and community organizations. individuals who have preexisting all National Health Service Corps par- And, it would provide funds for States health conditions can obtain affordable ticipants to serve full time. Many rural to establish or expand comprehensive health insurance. communities, however, simply do not school health education, including, for Finally, the legislation in this sec- have enough volume to support a full- example, physical education programs tion would provide an advanceable, re- time health care practitioner. More- that promote lifelong physical activ- fundable tax credit of up to $1,000 for over, some sites may not need a par- ity, healthy food service selections, individuals earning up to $30,000, and ticular type of provider—for example, a and programs that promote a healthy up to $3,000 for families earning up to dentist—on a full-time basis. Some and safe school environment. $60,000. practitioners may also find part-time And finally, the Access to Affordable This provision, which is similar to service more attractive, which, in turn, Health Care Act would promote equity that proposed by President Bush, could improve recruitment and reten- in Medicare payments and help to en- would help to provide coverage for up tion. Our bill will therefore give the sure that the Medicare system rewards to 6 million Americans who otherwise program additional flexibility to meet rather than punishes States like Maine would be uninsured for 1 or more community needs. that deliver high-quality, cost effective months. It will help many more work- Long-term care is the major cata- Medicare services to our elderly and ing lower income families who cur- strophic health care expense faced by disabled citizens. rently purchase private health insur- older American today, and these costs According to a recent study in the ance with little or no government help will only increase with the aging of the Journal of the American Medical Asso- and finding it increasingly difficult to baby boomers. Most Americans mistak- ciation, Maine ranks third in the na- do so. enly believe that Medicare or their pri- tion when it comes to the quality of Third, the Access to Affordable vate health insurance policies will care delivered to our Medicare bene- Health Insurance Act will help to cover the costs of long-term care ficiaries. Yet we are 11th from the bot- strengthen our Nation’s health care should they develop a chronic illness or tom when it comes to per-beneficiary safety net by doubling funding over the cognitive impairment like Alzheimer’s Medicare spending. next 5 years for community health cen- Disease. Unfortunately, far too many The fact is that Maine’s Medicare ters. We want to make sure we are do not discover that they do not have dollars are being used to subsidize reaching individuals who are homeless, coverage until they are confronted higher reimbursements in other parts individuals who are migrant workers, with the difficult decision of placing a of the country. This simply is not fair.

VerDate Mar 15 2010 20:48 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00072 Fmt 4637 Sfmt 0634 E:\2002SENATE\S21MR2.REC S21MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 21, 2002 CONGRESSIONAL RECORD — SENATE S2265 Medicare’s reimbursement systems port to the House and Senate Commit- bility, however, to make sure that the have historically tended to favor urban tees on Veterans’ Affairs on its experi- necessary resources are provided to VA areas and failed to take the special ence in providing services under both to implement existing long-term care needs of rural States into account. of these provisions and to make rec- programs. For my part, I will continue Ironically, Maine’s low payment rates ommendations on extending or making to push VA to move forward, and in the are also the result of its long history of permanent these provisions. These pro- near future, I will be chairing a Com- providing high-quality, cost-effective grams were given an expiration date of mittee hearing to learn more about care. In the early 1980s, Maine’s lower 4 years so that we could adequately VA’s inaction. than average costs were used to justify study its effects and, if need be, make Long-term care should be seen as a lower payment rates. Since then, Medi- appropriate adjustments. part of the continuum of quality health care’s payment policies have only Unfortunately, it’s been more than care we have promised our veterans. served to widen the gap between low two years and very little has happened The point of this legislation is to ex- and high-cost States. with these long-term care programs. tend two important VA long-term care As a consequence, Maine’s hospitals, With both provisions due to expire next authorities, and I urge all of my Senate physicians, and other providers have year, there is hardly enough time to colleagues to support it. experienced a serious Medicare short- sufficiently study them. The legisla- fall, which has forced them to shift tion I introduce today will extend the By Mr. ROCKEFELLER: costs on to other payers in the form of expiration dates of both long-term care S. 2044. A bill to provide for further higher charges. The Medicare shortfall authorities for an additional 5 years, improvement of the program to expand is one of the reasons that Maine has until December 31, 2008. and improve the provision of special- I am extremely disappointed that the among the highest health insurance ized mental health services to vet- VA has taken so long to bring these premiums in the Nation. The provi- erans; to the Committee on Veterans’ new extended care authorities into the sions in the Access to Affordable Affairs. lives of veterans. Although there is a Health Care Act provide a complement Mr. ROCKEFELLER. Mr. President, I sense of urgency about meeting the to legislation that I introduced earlier am pleased to introduce legislation long-term care needs of veterans, the this year with Senator RUSS FEINGOLD today to ensure that veterans who VA seems frozen to respond. struggle with post-traumatic stress to promote greater fairness in Medi- In addition to mandating that VA care payments to physicians and other and substance use disorders continue provide nursing home care to any vet- to get the care that they need and de- health professionals by eliminating eran who is in need of such care for a outdated geographic adjustment fac- serve. This legislation would increase service-connected condition, or who is the funding for an already-established tors that discriminate against rural 70 percent or more service-connected areas. grant program for specialized mental disabled, the Veterans Millennium health services programs. In addition, Mr. President, the Access to Afford- Health Care and Benefits Act required able Health Care Act outlines a blue- the legislation would guarantee that the VA to maintain the staffing and some funding would go to those facili- print for reform based upon principles level of extended care during any fiscal upon which I believe a bipartisan ma- ties which need it the most but, for year at the same level that was pro- whatever reason, have not sought jority in Congress could agree. The vided in fiscal year 1998. Unfortunately, plan takes significant strides toward grants. both the staffing level for nursing From its inception, the VA health the goal of universal health care cov- home care and the average daily census erage by bringing million more Ameri- care system has been challenged to has dropped since 1998, and VA readily meet the special needs of veterans, cans into the insurance system, by admits that they are not in compliance strengthening the health care safety such as spinal cord injuries, the need with this mandate, citing a lack of re- for prosthetics, blindness, traumatic net, and by addressing the inequities in sources. brain injury, homelessness, post-trau- the Medicare system. In addition to providing nursing matic stress disorders or PTSD, and home care, a key element of the Mil- By Mr. ROCKEFELLER: lennium bill required VA to furnish the substance abuse disorders that fre- S. 2043. A bill to amend title 38, non-institutional long-term care as quently accompany these other afflic- United States Code, to extend by five part of the standard benefits package. tions. Over the years, VA has developed years the period for the provision by While the bill was signed into law at widely commended expertise in pro- the Secretary of Veterans Affairs of the end of 1999, it was just last October viding specialized services to meet noninstitutional extended care services that VA finally issued interim guid- these needs. We can all be rightfully and required nursing home care, and ance on the new benefit. The policy proud of VA’s specialized programs, for other purposes; to the Committee was essentially meaningless, in that it which provide care that is often unpar- on Veterans’ Affairs. required facilities to either have these alleled in the greater health care com- Mr. ROCKEFELLER. Mr. President, non-institutional long-term care serv- munity. today I introduce legislation to im- ices available or to develop a plan for Unfortunately, these programs have prove VA’s response to meeting the providing such services. As a result, I been endangered by budget constraints, long-term care needs of an aging vet- suspect that many facilities have not a shift in focus from inpatient care to eran population. Specifically, the bill yet made non-institutional services outpatient clinics, and the introduc- would extend two long-term care au- universally available. In order to con- tion of a new resource allocation sys- thorities of the Veterans Millennium firm this, I have asked that the Gen- tem. In 1996, Congress recognized that Health Care and Benefits Act of 1999. eral Accounting Office provide me with VA’s constant battle to serve more vet- In November of 1999, Congress passed information as to what inventory of erans with a limited budget made these comprehensive long-term care legisla- noninstitutional long-term care pro- relatively costly specialized services tion for veterans. For the first time, grams exists within VA. The GAO’s re- programs disproportionately vulner- VA was required to provide extended port should be completed shortly. able to reductions, and took steps to care services to enrolled veterans. Sec- We know that there is an expanding protect them. The Veteran’s Health tion 101 of Public Law 106–117, directed need for long-term care in our country, Care Eligibility Reform Act of 1966 re- the VA to provide nursing home care to and in the VA that demand is even quired the Secretary of Veterans Af- any veteran who is in need of such care more pressing. About 37 percent of the fairs to maintain VA’s capacity to for a service-connected condition, or veteran population is 65 years or older, treat specific special needs of disabled who is 70 percent or more service-con- and that number will grow dramati- veterans at the then-current level, and nected disabled. In addition, VA was to cally in the next few years. By extend- to report to Congress annually on the have provided non-institutional care, ing the existing long-term care au- maintenance of these specialized serv- such as home-based care, respite, and thorities, we signal to VA that they ices. adult day health care, to all enrolled cannot shirk this responsibility. Subsequently, internal VA advisory veterans. Within 3 years of the bill’s There is no doubt that long-term committees, the GAO, and my own enactment, VA was to evaluate and re- care is expensive. It is our responsi- staff on the Committee on Veterans’

VerDate Mar 15 2010 20:48 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00073 Fmt 4637 Sfmt 0634 E:\2002SENATE\S21MR2.REC S21MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2266 CONGRESSIONAL RECORD — SENATE March 21, 2002 Affairs reported that these protections treatment programs, outpatient dual- people each year; someone in the world did not go far enough. Many specialized diagnosis programs, more PTSD com- is newly infected with TB every second; programs—particularly substance munity clinical teams, and more resi- nearly one percent of the world’s popu- abuse and PTSD treatment programs, dential substance abuse disorder reha- lation is newly infected with TB each were closed, reduced in size, or under- bilitation programs. year; TB is the single leading cause of staffed, offering little or no care to vet- Due to these grants, VA has made death among women between the age of erans suffering from these seriously de- improvements; however, many VA 15–44; and half of all people living with bilitating disorders which often result medical center directors have been re- HIV–AIDS will develop TB because of from combat experiences. luctant to hire specialized substance suppressed immune systems. VA’s own annual capacity reports abuse or PTSD treatment staff when, TB is an airborne disease. You can give evidence that these programs have in FY 2003, the funding for these pro- get it when someone coughs or sneezes. failed to provide services to veterans at grams will be subject to a population- And with the increased immigration the needed levels, or to preserve equal based allocation system and may dis- and travel to the United States, we are access throughout the system. How- appear from their budgets. The legisla- seeing it re-emerge in many of our ever, the current law’s reliance on sys- tion that I introduce today would en- communities. That is why it is in the temwide, rather than local or regional sure that this funding remained ‘‘pro- national interest here in the United capacity, and VA’s failure to issue tected’’ for three more years, and States to fight TB throughout the these reports on a timely basis as man- would increase the total amount of world. dated, prevent us from understanding funding identified specifically for This is especially true when you con- how well these programs meet vet- treatment of substance abuse disorders sider that in the year 2000, 46 percent of erans’ needs throughout the Nation. and PTSD from $15 million to $25 mil- TB cases detected in the U.S. occurred In December 2001, Congress strength- lion. to foreign-born persons, up from 22 per- ened protection of specialized services Of the $25 million authorized for this cent in 1986. In California, of the 3,297 through the VA Health Care Programs program, $15 million would be allo- cases detected in 2000, 72 percent were Enhancement Act, which described how cated to individual medical facilities among foreign born individuals. VA is to maintain capacity for these which respond to the call for proposals. Two years ago, Senator SMITH and I services in considerably more detail. The remaining $10 million would be teamed up to triple TB funding and get However, I believe that we must con- provided as direct grants to VA treat- the authorization level up to $60 mil- tinue to do what we can to foster inno- ment facilities throughout the Nation, lion. We are teaming up again so that vation and to patch some of the holes based on veterans’ needs as identified USAID can work with its international in substance abuse and PTSD pro- by VA’s Mental Health Strategic partners like the World Health Organi- grams. Health Care Group and the Committee zation to expand the most effective In addition to protecting VA’s capac- on Care of the Severely Chronically program to stop the spread of TB— ity to treat veterans’ special needs, Mentally Ill. DOTS or Directly Observed Treatment Although I am disappointed that VA Congress also designated $15 million in Short-Course. has still been unable to properly main- VA funding specifically to help medical DOTS is so effective because it re- tain adequate levels of care for those families improve care for veterans with duces the chance of Multi-Drug Resi- veterans with specialized health care substance abuse disorders and PTSD. dent TB from developing. In the early needs, I am encouraged that our ac- The funds for these mental health 1990s, New York City spent nearly $1 tions to fund specific PTSD and sub- grant programs, mandated by the Vet- billion to control an outbreak of drug- stance abuse programs have provided a erans Millennium Benefits and Health resistant TB. However, a 6-month Care Act of 1999, will soon revert to a strong start. Congress has spoken quite clearly in course of TB drugs under the DOTS general fund. programs can cost just $10. In order to distribute these funds, VA the past: VA does not have the discre- tion to decide whether or not to pro- That is why we feel that our bill is a sought proposals from facilities inter- vide adequate care for veterans with wise investment that will reduce the ested in expanding and improving their substance abuse and post traumatic cost of treating TB over the long run substance use disorder and PTSD pro- stress disorders. I ask that my col- and, most important, save lives grams. VA began to release these funds leagues support this bill, which would throughout the world. a little more than a year ago. As of help ensure that these specialized serv- I ask unanimous consent that the this month, only 8 of the 16 PTSD ices, a critical aspect of the health care text of the bill be printed in the treatment programs awarded funding VA provides to veterans, are main- RECORD. had become operational, and only a tained at the necessary levels for the There being no objection, the bill was third of these have hired their full men and women who have served this ordered to be printed in the RECORD, as complement of authorized and funded Nation. follows: staff. Of the substance abuse disorder S. 2045 programs funded through this act, 18 of By Mrs. BOXER (for herself and Be it enacted by the Senate and House of Rep- 31 have not yet hired complete staffs. Mr. SMITH of Oregon): resentatives of the United States of America in Despite the slow start, this funding S. 2045. A bill to amend the Foreign Congress assembled, has already increased the PTSD and Assistance Act of 1961 to take steps to SECTION 1. SHORT TITLE. substance abuse disorder treatment control the growing international prob- This Act may be cited as the ‘‘Inter- programs available to veterans. More lem of tuberculosis; to the Committee national Tuberculosis Control Act of 2002’’. than 100 staff have been hired in 18 of on Foreign Relations. SEC. 2. FINDINGS. VA’s 21 service networks to treat sub- Mrs. BOXER. Mr. President, today, Congress finds that: (1) Tuberculosis is a great health and eco- stance abuse disorders. Nine new pro- Senator SMITH and I are proud to intro- nomic burden to impoverished nations and a grams, in Baltimore, MD; Atlanta, GA; duce the International Tuberculosis San Francisco, CA; and Dayton, OH, health and security threat to the United Control Act of 2002. This bill will pro- States and other industrialized countries. among others, have initiated or inten- vide $200 million during each of the (2) Tuberculosis kills 2,000,000 people each sified opioid substitution programs for next three years for U.S. efforts to year (a person every 15 seconds) and is sec- veterans who have not responded well combat international TB. ond only to HIV/AIDS as the greatest infec- to drug-free treatment regimens. Other Our bill also sets as a goal the detec- tious killer of adults worldwide. new programs, such as those in Tampa, tion of at least 70 percent of the cases (3) Tuberculosis is today the leading killer FL; Cincinnati, OH, Columbia, MO; and of infectious tuberculosis, and the cure of women of reproductive age and of people Loma Linda, CA, put special emphasis of at least 85 percent of the cases de- who are HIV-positive. on treating veterans with more com- (4) One-third of the world’s population is tected by the end of 2005 for those currently infected with the tuberculosis bac- plex conditions that include PTSD and countries with the highest tuberculosis terium, including 10,000,000 through 15,000,000 substance abuse. The additional fund- burden. persons in the United States, and someone in ing has enabled VA to develop better Why is this bill important? Consider the world is newly infected with tuberculosis outpatient substance abuse and PTSD the facts: Tuberculosis kills 2 million every second.

VerDate Mar 15 2010 20:48 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00074 Fmt 4637 Sfmt 0634 E:\2002SENATE\S21MR2.REC S21MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 21, 2002 CONGRESSIONAL RECORD — SENATE S2267 (5) With 46 percent of tuberculosis cases in SEC. 4. ASSISTANCE FOR TUBERCULOSIS PRE- to raise awareness about the threat to the United States in the year 2000 found in VENTION, TREATMENT, CONTROL, the world’s health caused by tuber- AND ELIMINATION. foreign-born persons, as compared to 24 per- culosis. cent in 1990, it is clear that the only way to Section 104(c) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151b(c)) is amended by As many of us know TB is a global control tuberculosis in the United States is adding at the end the following: health crisis. Over two million people to control it worldwide. ‘‘(7)(A) Congress recognizes the growing will die from TB this year, and it is the (6) Left untreated, a person with active tu- international problem of tuberculosis and leading killer of young women and of berculosis can infect an average of 10 the impact its continued existence has on through 15 people in one year. people with AIDS worldwide. Further, those countries that had previously largely TB anywhere is a threat everywhere in (7) Pakistan and Afghanistan are among controlled the disease. Congress further rec- the 22 countries identified by the World ognizes that the means exist to control and our highly mobile world. The Center Health Organization as having the highest treat tuberculosis by implementing the for Disease Control CDC reports that in tuberculosis burden globally. Global Plan to Stop Tuberculosis and by ade- the year 2000, nearly 50 percent of all (8) More than one-quarter of all adult quately investing in newly created mecha- TB cases in the US occurred in foreign- deaths in Pakistan are due to tuberculosis, nisms, including the Global Tuberculosis born persons. We will not be safe from and Afghan refugees entering Pakistan have Drug Facility, and that it is therefore a TB until we control the disease glob- very high rates of tuberculosis, with refugee major objective of the foreign assistance pro- ally. camps, in particular, being areas where tu- gram to control the disease. To this end, berculosis runs rampant. TB and HIV form a deadly co-epi- Congress expects the agency primarily re- demic. TB is responsible for more than (9) The tuberculosis and AIDS epidemics sponsible for administering this part— are inextricably linked. Tuberculosis is the ‘‘(i) to coordinate with the World Health 40 percent of all AIDS deaths world- first manifestation of AIDS in more than 50 Organization, the Centers for Disease Con- wide. An HIV-positive person is 30 percent of cases in developing countries and trol, the National Institutes of Health, and times more likely to develop active tu- is responsible for 40 percent or more of other organizations with respect to the de- berculosis and become infectious to deaths of people with AIDS worldwide. velopment and implementation of a com- others. Many countries in sub-Saharan (10) An effective, low-cost cure exists for prehensive tuberculosis control program; and Africa have seen TB rates increase 4- tuberculosis: Directly Observed Treatment ‘‘(ii) to set as a goal the detection of at fold due to the HIV–TB co-epidemic, Short-course or DOTS. Expansion of DOTS is least 70 percent of the cases of infectious tu- decimating a whole generation of an urgent global priority. berculosis, and the cure of at least 85 percent (11) DOTS is one of the most cost-effective of the cases detected, by December 31, 2005, adults in many communities. In East- health interventions available today. A full in those countries classified by the World ern Europe and Asia, TB infection is course of DOTS drugs costs as little as US$10 Health Organization as among the highest widespread and HIV rates are rising in low-income countries. tuberculosis burden, and by December 31, rapidly. These areas are poised to see (12) Proper DOTS treatment is imperative 2010, in all countries in which the agency has the TB–HIV co-epidemic explode. to prevent the development of dangerous established development programs. TB also flourishes in and causes pov- multidrug resistant tuberculosis (MDR–TB) ‘‘(B)(i) There is authorized to be appro- erty. About 98 percent of the annual that arises through improper or incomplete priated $200,000,000 for each of the fiscal deaths from TB are in poor countries. years 2003 through 2005 for carrying out this tuberculosis treatment. Those who fall ill are often their fam- (13) The Global Fund to fight AIDS, Tuber- paragraph. culosis, and Malaria is an important new ‘‘(ii) Funds appropriated under this para- ily’s primary breadwinner. When that global partnership established to combat graph are authorized to remain available person cannot work, children must these 3 infectious diseases that together kill until expended. often leave school to work or care for a 6,000,000 people a year. Expansion of effective ‘‘(C) In carrying out subparagraph (A), not sick relative. The World Health Orga- tuberculosis treatment programs should con- less than 75 percent of the amount author- nization reported in 2000 that 75 per- stitute a major component of Global Fund ized to be appropriated under subparagraph cent of TB patients are men and investment. (B) shall be expended for antituberculosis women between the ages of 15–54, the drugs, supplies, patient services, and train- SEC. 3. DEFINITIONS. ing in diagnosis and care, in order to in- most economically productive years of life. Stopping TB will help fight pov- In this Act: crease directly observed treatment (1) DOTS.—The term ‘‘DOTS’’ or ‘‘Directly shortcourse (DOTS) coverage, including erty. Observed Treatment Short-course’’ means funding for the Global Tuberculosis Drug Fa- I strongly believe we must act to the World Health Organization-recommended cility. control TB now or pay later. Rising strategy for treating standard tuberculosis. ‘‘(D) In carrying out subparagraph (A), of drug resistance is a time bomb that (2) GLOBAL ALLIANCE FOR TUBERCULOSIS the amount authorized to be appropriated could make TB virtually uncontrol- DRUG DEVELOPMENT.—The term ‘‘Global Alli- under subparagraph (B)— lable. Multi-drug resistant TB is far ance for Tuberculosis Drug Development’’ ‘‘(i) not less than 10 percent shall be used more dangerous and difficult to treat, for funding of the Global Tuberculosis Drug means the public-private partnership that can cost up to $1 million per patient to brings together leaders in health, science, Facility; ‘‘(ii) not less than 7.5 percent shall be used cure, and kills over half of its victims, philanthropy, and private industry to devise even in the U.S. new approaches to tuberculosis and to ensure for funding of the Stop Tuberculosis Partner- that new medications are available and af- ship; and There is a plan for controlling TB. fordable in high tuberculosis burden coun- ‘‘(iii) not less than 2.5 percent shall be used The new, internationally agreed-upon tries and other affected countries. for funding of the Global Alliance for Tuber- ‘‘Global Plan to Stop TB’’ provides a culosis Drug Development. (3) GLOBAL PLAN TO STOP TUBERCULOSIS.— much-needed roadmap. It describes the The term ‘‘Global Plan to Stop Tuber- ‘‘(E) The President shall submit a report to resources needed, country-by-country, culosis’’ means the plan developed jointly by Congress annually specifying the increases to meet international TB control tar- the Stop Tuberculosis Partnership Secre- in the number of people treated and the in- creases in number of tuberculosis patients gets by 2005. Complementary National tariat and Partners in Health that lays out TB control plans exist for nearly all of what needs to be done to control and elimi- cured through each program, project, or ac- tivity receiving United States foreign assist- the 22 high-burden TB countries. nate tuberculosis. ance for tuberculosis control purposes.’’. The world must invest less than $1 (4) GLOBAL TUBERCULOSIS DRUG FACILITY.— The term ‘‘Global Tuberculosis Drug Facil- Mr. SMITH of Oregon. Mr. President, billion in additional funds per year to ity (GDF)’’ means the new initiative of the I am pleased to again join my col- control TB, about what New York City Stop Tuberculosis Partnership to increase league Senator BOXER in introducing spent to control an outbreak of drug- access to high-quality tuberculosis drugs to important tuberculosis control legisla- resistant TB in the early 1990s! And I facilitate DOTS expansion. tion today on the floor of the Senate. believe that $200 million is a reason- (5) STOP TUBERCULOSIS PARTNERSHIP.—The Today we are introducing The Inter- able US share of the $1 billion needed term ‘‘Stop Tuberculosis Partnership’’ national Tuberculosis Control Act— globally to control this killer. means the partnership of the World Health this important legislation is designed We have the tools to stop TB. ‘‘The Organization, donors including the United to address the growing international Global Plan to Stop TB’’ is built States, high tuberculosis burden countries, multilateral agencies, and nongovernmental problem of tuberculosis, (TB). We are around expanding access to DOTS and technical agencies committed to short- introducing this legislation to coincide treatment worldwide, a proven, and and long-term measures required to control with World Tuberculosis Day, this Sun- very cost-effective treatment system and eventually eliminate tuberculosis as a day, March 24. World TB Day is an oc- that uses just $10 worth of drugs to public health problem in the world. casion for countries around the world cure a patient in 6 months. Currently

VerDate Mar 15 2010 20:48 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00075 Fmt 4637 Sfmt 0634 E:\2002SENATE\S21MR2.REC S21MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2268 CONGRESSIONAL RECORD — SENATE March 21, 2002 just one in four of those who needs of this challenge. They have developed able to permit such a waiver) and, upon mak- DOTS have access to it. Another tool creative ways to meet the needs of ing any such payment, the United States for fighting TB is the new Global TB their communities with their limited shall be subrogated to all of the rights of the Drug Facility, which can provide the resources. This legislation is one more recipient of the payments with respect to which the guarantee was made. Amounts re- steady supply of affordable drugs need- way to help those who are working to covered under this section shall be credited ed to cure patients and prevent the fur- guarantee health care in rural Amer- as reimbursements to the financing account ther spread of drug-resistance. ica. of the program established under this sec- My colleague, BARBARA BOXER, and I I ask unanimous consent that the tion. have been leading the way (along with text of the bill be printed in the ‘‘(2) MODIFICATION OF TERMS AND CONDI- Foreign Operations Chairman PATRICK RECORD. TIONS.—To the extent permitted by para- LEAHY and Ranking Senator MITCH There being no objection, the bill was graph (3) and subject to the requirements of MCCONNELL) in increasing US funding ordered to be printed in the RECORD, as section 504(e) of the Federal Credit Reform for international TB control, from vir- follows: Act of 1990 (2 U.S.C. 661c(e)), any terms and tually zero in 1997 to $75 million in conditions applicable to a loan guarantee S. 2046 under this section (including terms and con- 2002. The President’s 2003 Budget pro- Be it enacted by the Senate and House of Rep- ditions imposed under paragraph (4)) may be poses to cut TB funding by one-third, resentatives of the United States of America in modified or waived by the Secretary to the but I feel that we must do more in this Congress assembled, extent the Secretary determines it to be con- area, not less. Just $200 million annu- SECTION 1. SHORT TITLE. sistent with the financial interest of the ally from the U.S. would save tens of This Act may be cited as the ‘‘Rural United States. thousands of lives around the world Health Care Facility Improvement Act of ‘‘(3) INCONTESTABILITY.—Any loan guar- and would protect US citizens from TB 2002’’. antee made by the Secretary under this sec- and from the growing threat of drug-re- SEC. 2. GUARANTEED LOANS FOR RURAL tion shall be incontestable— sistant TB. Investing in TB control is HEALTH FACILITIES. ‘‘(A) in the hands of an applicant on whose Title VI of the Public Health Service Act behalf such guarantee is made unless the ap- not only the right thing to do; it is a (42 U.S.C. 291 et seq.) is amended by adding plicant engaged in fraud or misrepresenta- wise U.S. investment. at the end the following: tion in securing such guarantee; and ‘‘PART E—RURAL HEALTH FACILITIES ‘‘(B) as to any person (or successor in in- By Mr. CRAIG: terest) who makes or contracts to make a ‘‘SEC. 651. GUARANTEED LOANS FOR RURAL S. 2046. A bill to amend the Public loan to such applicant in reliance thereon Health Service Act to authorize loan HEALTH FACILITIES. ‘‘(a) AUTHORIZATION OF LOAN GUARAN- unless such person (or successor in interest) guarantees for rural health facilities to TEES.— engaged in fraud or misrepresentation in buy new and repair existing infrastruc- ‘‘(1) ESTABLISHMENT.—The Secretary is au- making or contracting to make such loan. ture and technology; to the Committee thorized to establish a program under which ‘‘(4) FURTHER TERMS AND CONDITIONS.— on Health, Education, Labor, and Pen- the Secretary may guarantee 100 percent of Guarantees of loans under this section shall sions. the principal and interest on loans made by be subject to such further terms and condi- Mr. CRAIG. Mr. President, I rise non-Federal lenders to rural health facilities tions as the Secretary determines to be nec- today to introduce the Rural Health to pay for the costs of— essary to assure that the purposes of this section will be achieved. Care Facility Improvement Act. ‘‘(A) buying new or repairing existing in- ‘‘(d) DEFAULTS.— Traveling throughout my State of frastructure; and ‘‘(B) buying new or repairing existing tech- ‘‘(1) IN GENERAL.—Subject to the require- Idaho, I have heard from many people ments of the Federal Credit Reform Act of about the need for additional funding nology. ‘‘(2) TOTAL LOAN AMOUNT AVAILABLE.—The 1990 (2 U.S.C. 661 et seq.), the Secretary may to keep rural health facilities oper- Secretary is authorized to guarantee not take such action as may be necessary to pre- ational and up-to-date. After doing fur- more than— vent a default on a loan guaranteed under ther research, I have found that this is ‘‘(A) $250,000,000 in the aggregate of the this section, including the waiver of regu- true in all States in virtually all rural principal and interest on loans for rural latory conditions, deferral of loan payments, areas. For this reason, I am intro- health facilities under paragraph (1); and renegotiation of loans, and the expenditure ducing the Rural Health Care facility ‘‘(B) $5,000,000 of the principal and interest of funds for technical and consultative as- sistance, for the temporary payment of the Improvement Act. on loans under paragraph (1) for each rural health facility. interest and principal on such a loan, and for This bill would allow for $250,000,000 other purposes. Any such expenditure made million in guaranteed loans to be avail- ‘‘(b) PROTECTION OF FINANCIAL INTERESTS.— The Secretary may not approve a loan guar- under the preceding sentence on behalf of a able to rural health care facilities. In- antee under this section unless the Secretary rural health facility shall be made under dividual facilities could borrow up to determines that— such terms and conditions as the Secretary $5,000,000 to be used for two purposes. ‘‘(1) the terms, conditions, security (if shall prescribe, including the implementa- First, to allow for capital improve- any), and schedule and amount of repay- tion of such organizational, operational, and ments to their facility and equipment ments with respect to the loan are sufficient financial reforms as the Secretary deter- and second, to allow for the purchase of to protect the financial interests of the mines are appropriate and the disclosure of such financial or other information as the high-technology equipment. United States and are otherwise reasonable, including a determination that the rate of Secretary may require to determine the ex- Providing health care services to tent of the implementation of such reforms. much of rural America has become in- interest does not exceed such percent per annum on the principal obligation out- ‘‘(2) FORECLOSURE.—The Secretary may creasingly difficult in recent years. standing as the Secretary determines to be take such action, consistent with State law During the 1970s, rural communities reasonable, taking into account the range of respecting foreclosure procedures and, with thrived with economic expansion and interest rates prevailing in the private mar- respect to reserves required for furnishing unprecedented population growth. ket for similar loans and the risks assumed services on a prepaid basis, subject to the Rural health providers represented val- by the United States, except that the Sec- consent of the affected States, as the Sec- uable institutions offering an array of retary may not require as security any rural retary determines appropriate to protect the health facility asset that is, or may be, need- interest of the United States in the event of medical services to their communities. a default on a loan guaranteed under this Now many of these rural communities ed by the rural health facility involved to provide health services; section, except that the Secretary may only are struggling to maintain critical ‘‘(2) the loan would not be available on rea- foreclose on assets offered as security (if health care facilities. sonable terms and conditions without the any) in accordance with subsection (b). We all know that rural health care guarantee under this section; and ‘‘(e) NONAPPLICATION OF PART D.—The pro- facilities are a vital part of the infra- ‘‘(3) amounts appropriated for the program visions of part D shall not apply to this part. structure of rural communities and the under this section are sufficient to provide ‘‘(f) DEFINITIONS.—In this part: collapse of health care services in loan guarantees under this section. ‘‘(1) NON-FEDERAL LENDER.—The term ‘non- many areas often contributes to the ‘‘(c) RECOVERY OF PAYMENTS.— Federal lender’ means any entity other than further decline of rural communities. ‘‘(1) IN GENERAL.—The United States shall an agency or instrumentality of the Federal be entitled to recover from the applicant for Government authorized by law to make such That’s why it is so important to make a loan guarantee under this section the loan, including a federally insured bank, a sure that rural facilities have access to amount of any payment made pursuant to lending institution authorized or licensed by funds to keep them operational. such guarantee, unless the Secretary for the State in which it resides to make such In the 1990’s, rural health care pro- good cause waives such right of recovery loans, and a State or municipal bonding au- viders have begun to rally in the face (subject to appropriations remaining avail- thority or such authority’s designee.

VerDate Mar 15 2010 20:48 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00076 Fmt 4637 Sfmt 0634 E:\2002SENATE\S21MR2.REC S21MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 21, 2002 CONGRESSIONAL RECORD — SENATE S2269 ‘‘(2) RURAL AREA.—The term ‘rural area’ ies degrade over time, there is a limit video games. Accordingly, only early has the meaning given the term in section to the success of this type of piracy. adopters have purchased high defini- 1886(d)(2)(D) of the Social Security Act (42 In a digital age, however, the privacy tion television sets or broadband Inter- U.S.C. 1395ww(d)(2)(D)). threat is exponentially magnified. So net access, as these products remain ‘‘(3) RURAL HEALTH FACILITY.—The term on the Internet, copyright content, be priced too high for the average con- ‘rural health facility’ includes— ‘‘(A) rural health clinics (as defined in sec- it a movie, a book, music, or software, sumer. The facts are clear in this re- tion 1861(aa)(2) of the Social Security Act (42 travels in a digital language of 1s and gard. Only two million Americans have U.S.C. 1395x(aa)(2))); 0s, and every copy of that content, purchased HDTV sets. As for ‘‘(B) critical access hospitals (as defined in from the 1st to the 1000th is as pristine broadband, rural and underserved areas section 1861(mm)(1) of the Social Security as the original. Also, unlike an analog aside, there is not an availability prob- Act (42 U.S.C. 1395x(mm)(1))) that are located pirated movie, which must be phys- lem. There is a demand problem. in rural areas; ically packaged and transported, a dig- Roughly 85 percent of Americans are ‘‘(C) hospitals (as defined in section 1861(e) ital copy can be sent around the world offered broadband in the marketplace of the Social Security Act (42 U.S.C. on the Internet with a single click of a but only 10–12 percent have signed up. 1395x(e))) that are located in rural areas; The fact is that most Americans are ‘‘(D) skilled nursing facilities (as defined in mouse. The copyright industries are section 1819(a) of the Social Security Act (42 justifiably worried about distributing averse to paying $50 a month for faster U.S.C. 1395i–3(a))) that are located in rural their content on the Internet absent access to email, or $2,000 for a fancy areas; strong copyright protection measures. HDTV set that plays analog movies. ‘‘(E) health centers (as defined in section As Internet access becomes increas- But if more high-quality content were 330) that are located in rural areas; ingly available over high-speed, available, consumers might come. ‘‘(F) federally qualified health centers (as broadband connections, these worries By unleashing an avalanche of digital defined in section 1861(aa)(3) of the Social will only heighten. content on broadband Internet connec- Security Act (42 U.S.C. 1395x(aa)(3))); and tions as well as over the digital broad- ‘‘(G) nursing homes (as defined in section It should be noted, however, that the Internet is not the only threat to un- cast airwaves, we can change this dy- 1908(e) of the Social Security Act (42 U.S.C. namic and give consumers a reason to 1396g(e))) that are located in rural areas.’’. protected digital content. Digital video programming is also subject to a large buy new consumer electronics and in- formation technology products. To do By Mr. HOLLINGS (for himself, privacy threat. Rapid advances in con- so requires the development of a se- Mr. STEVENS, Mr. INOUYE, Mr. sumer electronics make it easier to cure, protected environment to foster BREAUX, Mr. NELSON of Florida, steal copyright content. Newly devel- the widespread dissemination of digital and Mrs. FEINSTEIN): oped digital compression and memory content in these exciting new medi- S. 2048. A bill to regulate interstate technologies make it possible to store commerce in certain devices by pro- ums. two complete movies on a device the Although, it is technologically fea- viding for private sector development size of a postage stamp. Today, digital of technological protection measures sible to provide such a protected envi- media can be transmitted over wired or ronment, the solution has not been to be implemented and enforced by wireless channels and played and forthcoming through voluntary private Federal regulations to protect digital stored on a host of consumer elec- sector negotiations involving the in- content and promote broadband as well tronics devices. By and large, these are dustries with stakes in this matter. as the transition to digital television, positive developments for consumers. This is not to say, however, that those and for other purposes; to the Com- But any device that can legitimately industries do not recognize the tremen- mittee on Commerce, Science, and play, copy, or electronically transmit dous economic potential to be derived Transportation. one or more categories of media also from a proliferation of top notch dig- Mr. HOLLINGS. Mr. President, I rise can be misused for illegal copyright in- ital content to consumers in the home. along with Senators STEVENS, INOUYE, fringement, unless special protection The movie studios, and the rest of the BREAUX, NELSON, and FEINSTEIN to in- technologies are incorporated into such copyright industries, for example, are troduce the Consumer Broadband and a device. Unfortunately, as technology tremendously excited about the possi- Digital Television Promotion Act of has advanced, copy protection schemes bility of providing their products to 2002, legislation that will promote have not kept pace, fostering a set of consumers over the Internet and the broadband and the digital television consumer expectations that at times digital airwaves, provided they can be transition by securing content on the actually promote illegal activity on assured that those products’ copyrights Internet and over the Nation’s air- the Internet. For example, according to are not infringed in the process. waves. a Jupiter Media Matrix report, over 7 Although marketplace negotiations For several years the private sector million Americans use technology on have not provided such an assurance, a has attempted to secure a safe haven the Internet to swap music and other solution is at hand. Leaders in the con- for copyrighted digital products, unfor- digital media files. More recent news sumer electronics, information tech- tunately with little to show for its ef- reports place this number at over 11 nology, and content industries are forts. The result has been an absence of million. While some of this activity is America’s best and brightest. They can robust, ubiquitous protections of dig- legal, much of it is not. solve this problem. The consumer elec- ital media which has lead to a lack of Every week a major magazine or tronics and high tech industries claim content on the Internet and over the newspaper reports on the thousands of they are ready to do just that. Amer- airwaves. And who has suffered the illegal pirated works that are available ica’s top high-tech executives sent me most? Consumers, as they are denied for copying and redistribution online. a letter three weeks ago to that effect. access to high quality digital content Academy award winning motion pic- While, I want to believe them, industry in the home. tures, platinum records, and Emmy negotiations have been lagging. Both The reality is that a lack of security award winning television shows—all for sides share some blame in this area. has enabled significant copyright pri- free, all illegal. Piracy is growing expo- But the blame games need to end. It’s vacy which drains America’s content nentially on college campuses and time for results, not recriminations. industries to the tune of billions of dol- among tech savvy consumers. Such I believe the private sector is capa- lars every year. For example, the lawlessness contributes to the studios ble, through marketplace negotia- movie studios estimate that they lose and record labels’ reluctance to place tions—of adopting standards that will over $3 billion annually by way of ana- their digital content on the Internet or ensure the secure transmission of copy- log piracy. In order to pirate copy- over the airwaves. righted content on the Internet and righted movies via analog formats, an At the same time, millions of law over the airwaves. But given the pace individual makes an illegal copy of the abiding consumers find little reason to of private talks so far, the private sec- movie, sometimes by taping it in a spend discretionary dollars on con- tor needs a nudge. The government can movie theater with a personal video re- sumer electronics products whose value provide that nudge, and in doing so corder, and then distributes it, in ana- depends on their ability to receive, dis- continue the government’s long- log form, at discount. However, be- play and copy high quality digital con- standing role in promoting, and some- cause subsequent copies of analog mov- tent like popular movies, music, and times requiring, the implementation of

VerDate Mar 15 2010 20:48 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00077 Fmt 4637 Sfmt 0634 E:\2002SENATE\S21MR2.REC S21MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2270 CONGRESSIONAL RECORD — SENATE March 21, 2002 technological standards in electronics While industries are at odds as to Pursuant to the bill we introduce equipment to benefit consumers. We how to solve these critical content pro- today, the standards, technologies, and debated the merits of such an approach tection problems, the legislation we in- encoding rule would work in the fol- in the Commerce Committee on Feb- troduce today provides us with the lowing manner. Digital content deliv- ruary 28, 2002 when the leaders of the tools to break the logjam. Specifically, ered over the Internet and over the copyright, consumer electronics, and the legislation requires the content, broadcast airwaves would include in- information technology industries tes- consumer electronics, and information structions as to consumers’ ability to tified as to their distinct views on this technology industries to come together copy available content and would pre- issue. At that hearing, every Senator with representatives of consumer vent the illegal retransmission of that and every witness agreed that the prob- groups to develop standards, tech- content over the Internet. Digital lem of digital piracy requires resolu- nologies, and encoding rules to safe- media devices such as televisions sets, tion. guard digital content so that it will be cable boxes, and personal computers, Specifically, our hearing dem- made more readily available to con- would be manufactured to recognize onstrated that there are three discrete sumers without being subject to pi- and respond to those instructions to problem areas that merit government racy. The affected parties would have prevent illegal copying or redistribu- intervention. First, is the piracy threat one year to reach agreement. The tech- tion. presented toward unprotected digital nologies would then be incorporated I want to stress, however, in the broadcast television. Over the air into all digital media devices to ensure strongest terms possible, that the broadcast digital signals cannot be universal protection for digital content standards agreed to by industry would encrypted because the millions of and universal access to such content not be permitted to thwart legitimate Americans who receive their signal via for consumers. The deadline on indus- consumer copying of programming in antennas cannot decrypt the signal. As try would work in the following fash- the home, for time shifting purposes, a result, digital broadcast signals are ion: if they come together to solve for example. Similarly, the tech- delivered in unprotected format and these problems in private sector talks, nologies and encoding rules would be are subject to illegal copying or redis- we will empower government enforce- required to take into account the need tribution over the Internet upon trans- ment so that all consumer devices to preserve fair use of otherwise pro- mission. The technology exists today comply. If they don’t, the government, tected content, for educational and re- to solve this problem. It has been re- in consultation with the private sector, search purposes for example. Specifi- ferred to as a ‘‘broadcast flag’’ which will have to step in. cally, our bill requires that encoding would instruct digital devices to pre- America’s creative artists deserve rules ‘‘take into account limitations on vent illegal copying and Internet re- our protection. Our copyright indus- exclusive rights of copyright holders, transmission of digital broadcast tele- tries are among our greatest economic including the fair use doctrine.’’ In ad- vision. Consumer electronic devices and creative assets. The framers recog- dition, the legislation specifies that no would respond to the technology and nized that innovation and creativity copy protection technology may pre- prevent copyright infringement. How- was instrumental to our country’s eco- vent consumers from ‘‘making a per- ever, because not every device would be nomic health when they empowered required to respond to the technology, Congress in the Constitution to protect sonal copy for lawful use in the home’’ ubiquitous response requires a mandate copyrighted products. Now, however, of non pay-per-view television pro- by government. copyrighted media products are deliv- gramming. I want to be clear on this The second problem is commonly re- ered digitally, and copyright infringe- point, no legislation can or should pass ferred to as the ‘‘Analog hole.’’ As pro- ment is more difficult to detect and Congress in this area that does not tected digital programming, usually prevent. That is why strong techno- seek to protect legitimate consumer delivered over satellite or cable, but logical protections need to be layered copying and fair use practices. also available on the Internet, is on top of the copyright laws, to com- Critics of earlier drafts of our legisla- decrypted for viewing by consumers, plement the law as it exists today. tion painted it as heavy handed and most frequently on television sets, the Along those lines, I want to emphasize awkward government selection of tech- programming is temporarily ‘‘in the that this legislation does not alter ex- nologies. I want to respond. We have clear.’’ At this point, pirates may have isting copyright law. Copyright law listened to their arguments delivered the opportunity to take advantage of rests squarely within the jurisdiction in dozens of meetings with my staff, an ‘‘Analog hole’’ by copying the con- of the Senate Judiciary Committee. I and the bill we introduce today does tent into a digital format, i.e. re- hope to work closely with Chairman nothing of the sort. Under the new leg- digitizing it, and then illegally copying LEAHY and Ranking Member HATCH to islation, if the required private sector and/or retransmitting the content. The stop copyright piracy in a digital age. negotiations fail, the FCC will begin a technology to solve this problem either Some have said that legislation is process, in consultation with those exists today, or will be available short- unwieldy in this area. But our legisla- same private sector representatives, to ly. Regardless, the solution is techno- tion would not be the first time Con- implement technologically feasible so- logically feasible. As with the ‘‘broad- gress imposed technological require- lutions. So, in practice, the private sec- cast flag’’ the solution to the ‘‘Analog ments to benefit consumers. And it tor, even in the event of a government hole’’ will require a government man- won’t be the last. We have been here initiated approach, will have every in- date to ensure its ubiquitous adoption before. In 1962, under the All Channel centive and opportunity to guide a so- across consumer devices. Receiver Act, Congress mandated that lution largely on its own. The final problem poses the greatest all television receivers include the ca- Critics of earlier discussion drafts of threat. Literally millions of digital pability to tune all channels, UHF and our legislation also claimed that it files of music and videos are illegally VHF, allocated to the television broad- would freeze innovation and that any copied, downloaded, and transmitted cast service. More recently, in 1998, solutions would invariably be out of over the Internet on a regular basis. Congress required that all analog VCRs date shortly after they are selected due Current digital rights management so- recognize a standard copy control tech- to the rapid and accelerated develop- lutions are insufficient to rectify this nology, know as ‘‘Macrovision’’. In the ment of technology in the high tech problem. Some consumers resorting to former case, the Federal Government sector. But here too we have listened illegal behavior do so unknowingly. and the Federal Communications Com- and responded. Pursuant to our legisla- Many others do so willingly. Regard- mission took the lead. In the latter tion, if the private sector determines less, consumers desire high-quality dig- case, industry first agreed to the that the selected technological solu- ital content on the Internet and it is ‘Macrovision’ standard which Congress tion needs to be updated or modified, not being provided in any widespread, later codified by legislation. So, wheth- they may do so. Its as simple as that. legal fashion. Fortunately, a solution er Congress or industry has led the Such a change might be warranted be- to this problem is also technologically way, the results have benefitted con- cause the technologies or encoding feasible. It too will require government sumers and industry, by providing rules in use have been compromised by action, including a mandate to ensure Americans with wider access to pro- hackers or pirates. Or, technological its swift and ubiquitous adoption. gramming and content. improvements may be developed that

VerDate Mar 15 2010 20:48 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00078 Fmt 4637 Sfmt 0634 E:\2002SENATE\S21MR2.REC S21MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 21, 2002 CONGRESSIONAL RECORD — SENATE S2271 ensure greater security for content, or (6) Technological solutions can be devel- (A) representatives of digital media device more readily take into account con- oped to protect digital content on digital manufacturers, consumer groups, and copy- sumers or researchers’ fair use expecta- broadcast television and over the Internet. right owners have reached agreement on se- tions. (7) Competing business interests have frus- curity system standards for use in digital trated agreement on the deployment of ex- media devices and encoding rules; and Regardless, in any of these instances, isting technology in digital media devices to (B) the standards and encoding rules con- at any time, the legislation would protect digital content on the Internet or on form to the requirements of subsections (d) allow the representatives of the con- digital broadcast television. and (e). tent, consumer electronics, and infor- (8) The secure protection of digital content (2) REPORT TO THE COMMERCE AND JUDICI- mation technology industries to imple- is a necessary precondition to the dissemina- ARY COMMITTEES.—Within 6 months after the ment any necessary modification of the tion, and on-line availability, of high quality date of enactment of this Act, the Commis- agreed upon technologies. They could digital content, which will benefit con- sion shall report to the Senate Committee on simply do so on their own, and then no- sumers and lead to the rapid growth of Commerce, Science and Transportation, the broadband networks. Senate Committee on the Judiciary, the tify the FCC of their actions. (9) The secure protection of digital content House of Representatives Committee on At every stage in the process, the pri- is a necessary precondition to facilitating Commerce, and the House of Representatives vate sector, not the government, has and hastening the transition to high-defini- Committee on the Judiciary as to whether— the opportunity and the incentive to tion television, which will benefit con- (A) substantial progress has been made to- grab the reins. To date, however, this sumers. ward the development of security system has not happened. The legislation we (10) Today, cable and satellite have a com- standards and encoding rules that will con- introduce today seeks to change that. petitive advantage over digital television be- form to the requirements of subsections (d) I ask unanimous consent that the cause the closed nature of cable and satellite and (e); systems permit encryption, which provides (B) private sector negotiations are con- text of the legislation, the Consumer some protection for digital content. tinuing in good faith; Broadband and Digital Television Pro- (11) Over-the-air broadcasts of digital tele- (C) there is a reasonable expectation that motion Act, be printed in the RECORD. vision are not encrypted for public policy final agreement will be reached within 1 year There being no objection, the bill was reasons and thus lack those protections af- after the date of enactment of this Act; and ordered to be printed in the RECORD, as forded to programming delivered via cable or (D) if it is unlikely that such a final agree- follows: satellite. ment will be reached by the end of that year, S. 2048 (12) A solution to this problem is techno- the deadline should be extended. logically feasible but will require govern- (b) AFFIRMATIVE DETERMINATION.—If the Be it enacted by the Senate and House of Rep- ment action, including a mandate to ensure Commission makes a determination under resentatives of the United States of America in its swift and ubiquitous adoption. subsection (a)(1) that an agreement on secu- Congress assembled, (13) Consumers receive content such as rity system standards and encoding rules SECTION 1. SHORT TITLE; TABLE OF SECTIONS. video or programming in analog form. that conform to the requirements of sub- (a) SHORT TITLE.—This Act may be cited as (14) When protected digital content is con- sections (d) and (e) has been reached, then the ‘‘Consumer Broadband and Digital Tele- verted to analog for consumers, it is no the Commission shall— vision Promotion Act’’. longer protected and is subject to conversion (1) initiate a rulemaking, within 30 days (b) TABLE OF SECTIONS.—The table of sec- into unprotected digital form that can in after the date on which the determination is tions for this Act is as follows: turn be copied or redistributed illegally. made, to adopt those standards and encoding Sec. 1. Short title; table of sections. (15) A solution to this problem is techno- rules; and Sec. 2. Findings. logically feasible but will require govern- (2) publish a final rule pursuant to that Sec. 3. Adoption of security system stand- ment action, including a mandate to ensure rulemaking, not later than 180 days after ini- ards and encoding rules. its swift and ubiquitous adoption. tiating the rulemaking, that will take effect Sec. 4. Preservation of the integrity of secu- (16) Unprotected digital content on the 1 year after its publication. EGATIVE DETERMINATION.—If the Com- rity. Internet is subject to significant piracy, (c) N mission makes a determination under sub- Sec. 5. Prohibition on shipment in inter- through illegal file sharing, downloading, section (a)(1) that an agreement on security state commerce of noncon- and redistribution over the Internet. system standards and encoding rules that forming digital media devices. (17) Millions of Americans are currently conform to the requirements of subsections Sec. 6. Prohibition on removal or alteration downloading television programs, movies, (d) and (e) has not been reached, then the of security technology; viola- and music on the Internet and by using ‘‘file- Commission— tion of encoding rules. sharing’’ technology. Much of this activity is (1) in consultation with representatives de- Sec. 7. Enforcement. illegal, but demonstrates consumers’ desire scribed in subsection (a)(1)(A) and the Reg- Sec. 8. Federal Advisory Committee Act ex- to access digital content. ister of Copyrights, shall initiate a rule- emption. (18) This piracy poses a substantial eco- making, within 30 days after the date on Sec. 9. Definitions. nomic threat to America’s content indus- which the determination is made, to adopt Sec. 10. Effective date. tries. security system standards and encoding (19) A solution to this problem is techno- SEC. 2. FINDINGS. rules that conform to the requirements of logically feasible but will require govern- The Congress finds the following: subsections (d) and (e); and ment action, including a mandate to ensure (1) The lack of high quality digital content (2) shall publish a final rule pursuant to its swift and ubiquitous adoption. continues to hinder consumer adoption of that rulemaking, not later than 1 year after (20) Providing a secure, protected environ- broadband Internet service and digital tele- initiating the rulemaking, that will take ef- ment for digital content should be accom- vision products. fect 1 year after its publication. panied by a preservation of legitimate con- (2) Owners of digital programming and con- (d) SECURITY SYSTEM STANDARDS.—In tent are increasingly reluctant to transmit sumer expectations regarding use of digital achieving the goals of setting open security their products unless digital media devices content in the home. system standards that will provide effective incorporate technologies that recognize and (21) Secure technological protections security for copyrighted works, the security respond to content security measures de- should enable content owners to disseminate system standards shall ensure, to the extent signed to prevent theft. digital content over the Internet without practicable, that— (3) Because digital content can be copied frustrating consumers’ legitimate expecta- (1) the standard security technologies are— quickly, easily, and without degradation, tions to use that content in a legal manner. (A) reliable; digital programmers and content owners face (22) Technologies used to protect digital (B) renewable; an exponentially increasing piracy threat in content should facilitate legitimate home (C) resistant to attack; a digital age. use of digital content. (D) readily implemented; (4) Current agreements reached in the mar- (23) Technologies used to protect digital (E) modular; ketplace to include security technologies in content should facilitate individuals’ ability (F) applicable to multiple technology plat- certain digital media devices fail to provide to engage in legitimate use of digital con- forms; a secure digital environment because those tent for educational or research purposes. (G) extensible; agreements do not prevent the continued use SEC. 3. ADOPTION OF SECURITY SYSTEM STAND- (H) upgradable; and manufacture of digital media devices ARDS AND ENCODING RULES. (I) not cost prohibitive; and that fail to incorporate such security tech- (a) PRIVATE SECTOR EFFORTS.— (2) any software portion of such standards nologies. (1) IN GENERAL.—The Federal Communica- is based on open source code. (5) Other existing digital rights manage- tions Commission, in consultation with the (e) ENCODING RULES.— ment schemes represent proprietary, partial Register of Copyrights, shall make a deter- (1) LIMITATIONS ON THE EXCLUSIVE RIGHTS solutions that limit, rather than promote, mination, not more than 12 months after the OF COPYRIGHT OWNERS.—In achieving the goal consumers’ access to the greatest variety of date of enactment of this Act, as to wheth- of promoting as many lawful uses of copy- digital content possible. er— righted works as possible, while preventing

VerDate Mar 15 2010 20:48 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00079 Fmt 4637 Sfmt 0634 E:\2002SENATE\S21MR2.REC S21MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2272 CONGRESSIONAL RECORD — SENATE March 21, 2002 as much infringement as possible, the encod- SEC. 5. PROHIBITION ON SHIPMENT IN INTER- (C) retrieves or accesses copyrighted works ing rules shall take into account the limita- STATE COMMERCE OF NONCON- in digital form and transfers or makes avail- tions on the exclusive rights of copyright FORMING DIGITAL MEDIA DEVICES. able for transfer such works to hardware or owners, including the fair use doctrine. (a) IN GENERAL.—A manufacturer, im- software described in subparagraph (B). porter, or seller of digital media devices may (2) PERSONAL USE COPIES.—No person may (4) COMMISSION.—The term ‘‘Commission’’ apply a security measure that uses a stand- not— means the Federal Communications Com- ard security technology to prevent a lawful (1) sell, or offer for sale, in interstate com- mission. recipient from making a personal copy for merce, or (2) cause to be transported in, or in a man- SEC. 10. EFFECTIVE DATE. lawful use in the home of programming at This Act shall take effect on the date of the time it is lawfully performed, on an over- ner affecting, interstate commerce, a digital media device unless the device in- enactment of this Act, except that sections the-air broadcast, premium or non-premium cludes and utilizes standard security tech- 4, 5, and 6 shall take effect on the day on cable channel, or premium or non-premium nologies that adhere to the security system which the final rule published under section satellite channel, by a television broadcast standards adopted under section 3. 3(b) or (c) takes effect. station (as defined in section 122(j)(5)(A) of (b) EXCEPTION.—Subsection (a) does not title 17, United States Code), a cable system apply to the sale, offer for sale, or transpor- By Mr. WELLSTONE (for himself (as defined in section 111(f) of such title), or tation of a digital media device that was le- and Mr. DAYTON): a satellite carrier (as defined in section gally manufactured or imported, and sold to 119(d)(6) of such title). S. 2050. A bill to amend the Internal the consumer, prior to the effective date of Revenue Code of 1986 to treat nomi- (f) MEANS OF IMPLEMENTING STANDARDS.— regulations adopted under section 3 and not The security system standards adopted subsequently modified in violation of section nally foreign corporations created under subsection (b), (c), or (g) shall provide 6(a). through inversion transactions as do- for secure technical means of implementing SEC. 6. PROHIBITION ON REMOVAL OR ALTER- mestic corporations; to the Committee directions of copyright owners for copy- ATION OF SECURITY TECHNOLOGY; on Finance. righted works. VIOLATION OF ENCODING RULES. (g) COMMISSION MAY REVISE STANDARDS Mr. WELLSTONE. Mr. President, I (a) REMOVAL OR ALTERATION OF SECURITY rise to introduce legislation that would AND RULES THROUGH RULEMAKING.— TECHNOLOGY.—No person may— (1) IN GENERAL.—The Commission may con- (1) knowingly remove or alter any standard bar multinational corporations from duct subsequent rulemakings to modify any security technology in a digital media device avoiding millions of dollars in taxes security system standards or encoding rules lawfully transported in interstate commerce; through the use of shell corporations in established under subsection (b) or (c) or to or foreign tax havens. adopt new security system standards that (2) knowingly transmit or make available On February 18 the New York Times conform to the requirements of subsections to the public any copyrighted material in an article entitled ‘‘U.S. Corpora- (d) and (e). where the security measure associated with (2) CONSULTATION REQUIRED.—The Commis- tions Are Using Bermuda to Slash Tax a standard security technology has been re- Bills,’’ reported that a number of sion shall conduct any such subsequent rule- moved or altered, without the authority of making in consultation with representatives the copyright owner. prominent U.S. corporations, using cre- of digital media device manufacturers, con- (b) COMPLIANCE WITH ENCODING RULES.—No ative paperwork, have transformed sumer groups, and copyright owners de- person may knowingly apply to a copy- themselves into Bermuda corporations scribed in subsection (a)(1)(A) and with the righted work, that has been distributed to purely to avoid paying their share of Register of Copyrights. the public, a security measure that uses a U.S. taxes. These new Bermuda entities (3) IMPLEMENTATION.—Any final rule pub- standard security technology in violation of are shell corporations. They have no lished in such a subsequent rulemaking the encoding rules adopted under section 3. staff, no offices and no real business ac- shall— SEC. 7. ENFORCEMENT. (A) apply prospectively only; and (a) IN GENERAL.—The provisions of section tivity in Bermuda. They exist for the (B) take into consideration the effect of 1203 and 1204 of title 17, United States Code, purpose of shielding income from the adoption of the modified or new security sys- shall apply to any violation of this Act as IRS. tem standards and encoding rules on con- if— How does the ‘‘Bermuda Triangle’’ sumers’ ability to utilize digital media de- (1) a violation of section 5 or 6(a)(1) of this tax loophole work? U.S. companies, re- vices manufactured before the modified or Act were a violation of section 1201 of title ferred to as ‘‘domestic corporations,’’ new standards take effect. 17, United States Code; and pay U.S. taxes on their worldwide in- (h) MODIFICATION OF TECHNOLOGY BY PRI- (2) a violation of section 4 or section 6(a)(2) VATE SECTOR.— of this Act were a violation of section 1202 of come, whether that income is earned in (1) IN GENERAL.—After security system that title. the United States or abroad. Foreign standards have been established under sub- (b) STATUTORY DAMAGES.—A court may corporations pay U.S. taxes only on in- section (b), (c), or (g) of this section, rep- award damages for each violation of section come earned in the United States. resentatives of digital media device manu- 6(b) of not less than $200 and not more than Through the use of a process called facturers, consumer groups, and copyright $2,500, as the court considers just. corporate inversion, a domestic com- owners described in subsection (a)(1)(A) may SEC. 8. FEDERAL ADVISORY COMMITTEE ACT EX- pany can be ‘‘acquired’’ by a shell cor- modify the standard security technology EMPTION. that adheres to the security system stand- The Federal Advisory Committee Act (5 poration chartered in a foreign county ards rules established under this section if U.S.C. App.) does not apply to any com- with low or no corporate taxes, Ber- those representatives determine that a mittee, board, commission, council, con- muda for example. Under such an ar- change in the technology is necessary be- ference, panel, task force, or other similar rangement, the shareholders of the new cause— group of representatives of digital media de- foreign parent are the same as the (A) the technology in use has been com- vices and representatives of copyright own- shareholders of the old U.S. company. ers convened for the purpose of developing promised; or This maneuver requires little more (B) technological improvements warrant the security system standards and encoding upgrading the technology in use. rules described in section 3. than filing of the proper paperwork in (2) IMPLEMENTATION NOTIFICATION.—The SEC. 9. DEFINITIONS. the new ‘‘home’’ country and payment representatives described in paragraph (1) In this Act: of a registration fee. The new foreign shall notify the Commission of any such (1) STANDARD SECURITY TECHNOLOGY.—The parent corporation need not have any modification before it is implemented or, if term ‘‘standard security technology’’ means offices or any staff, and they usually immediate implementation is determined by a security technology that adheres to the se- don’t. the representatives to be necessary, as soon curity system standards adopted under sec- United States tax law contains many tion 3. thereafter as possible. provisions designed to expose such cre- (3) COMPLIANCE WITH SUBSECTION (d) RE- (2) INTERACTIVE COMPUTER SERVICE.—The ative accounting and to require U.S. QUIREMENTS.—The Commission shall ensure term ‘‘interactive computer service’’ has the that any modification of standard security meaning given that term in section 230(f) of companies that are foreign in name technology under this subsection conforms the Communications Act of 1934 (47 U.S.C. only to pay the same taxes as other do- to the requirements of subsection (d). 230(f)). mestic corporations. Corporate inver- SEC. 4. PRESERVATION OF THE INTEGRITY OF (3) DIGITAL MEDIA DEVICE.—The term ‘‘dig- sions are designed to exploit a specific SECURITY. ital media device’’ means any hardware or loophole in current law so that the An interactive computer service shall store software that— company is treated as foreign for tax and transmit with integrity any security (A) reproduces copyrighted works in dig- measure associated with standard security ital form; purposes, and therefore pays no U.S. technologies that is used in connection with (B) converts copyrighted works in digital taxes on its foreign income. copyrighted material such service transmits form into a form whereby the images and My bill closes this loophole in a way or stores. sounds are visible or audible; or that is narrowly tailored to capture

VerDate Mar 15 2010 20:48 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00080 Fmt 4637 Sfmt 0634 E:\2002SENATE\S21MR2.REC S21MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 21, 2002 CONGRESSIONAL RECORD — SENATE S2273 corporate inversion transactions. In THURMOND, Mr. LIEBERMAN, Mr. Career military retired veterans are the case of inversion ‘‘stock swaps’’ the MCCAIN, Mr. CLELAND, Mr. SMITH of the only group of Federal retirees who bill directs the IRS to look at the own- New Hampshire, Ms. LANDRIEU, Mr. are required to waive their retirement ership of the new company to assess INHOFE, Mr. REED, Mr. SANTORUM, Mr. pay in order to receive VA disability. whether it is a domestic firm. AKAKA, Mr. ROBERTS, Mr. NELSON of All other federal employees receive The loophole gives tens of millions of Florida, Mr. ALLARD, Mr. NELSON of both their civil service retirement and dollars in tax breaks to major multi- Nebraska, Mr. SESSIONS, Mrs. CARNA- VA disability with no offset. Simply national companies with significant HAN, Ms. COLLINS, Mr. DAYTON, Mr. put, the law discriminates against ca- non-U.S. business. It also puts other BUNNING, and Mr. BINGAMAN that will reer military men and women. It as- U.S. companies unwilling or unable to correct this inequity for veterans who sumes, in effect, that disabled military use this loophole at a competitive dis- have retired from our Armed Forces retirees neither need nor deserve the advantage. No American company with a service-connected disability. full compensation they earned for their should be penalized staying put while Our bill will repeal the contingency 20 or more years served in uniform. others renounce U.S. ‘‘citizenship’’ for language enacted in the National De- This inequity is absurd. How do we fense Authorization Act for Fiscal Year a tax break. explain it to the men and women who 2002 and thus remove a condition pre- Of course when some companies don’t sacrificed their own safety to protect venting authority for concurrent re- pay their fair share, the rest of Amer- this great Nation? How do we explain ceipt of military retired pay and vet- ican taxpayers and businesses are this inequity to those members cur- erans’ disability compensation from stuck with the bill. I think I can safely rently risking their lives to defeat ter- say that very few of the small busi- taking effect. It will permit retired members of the Armed Forces who ror? nesses that I visit in Detroit Lakes, We are currently losing over one MN, or Mankato, in Minneapolis, or have a service connected disability to receive military retirement pay while thousand World War II veterans each Duluth can avail themselves of the also receiving veterans’ disability com- day. Every day we delay acting on this Bermuda Triangle. legislation means continuing to deny When we have our debate over budget pensation. Congress approved inequitable legis- fundamental fairness to thousands of priorities here in the Senate, we need lation prohibiting the concurrent re- men and women. They will never have to decide whether we are going to go ceipt of military retired pay and VA the ability to enjoy their two well-de- after tax scofflaws or instead put these disability compensation shortly after served entitlements. resources into fair tax relief, public in- the Civil War, when the standing army This bill represents an honest at- vestment, or saving social security. of the United States was extremely tempt to correct an injustice that has That’s what this legislation is all limited. At that time, only a small por- existed for far too long. Allowing dis- about. I hope colleagues will take a tion of our armed forces consisted of abled veterans to receive military re- close look and be able to support it. career soldiers. tired pay and veterans disability com- Today, nearly one and a half million pensation concurrently will restore By Mr. REID (for himself, Mr. Americans dedicate their lives to the fairness to Federal retirement policy. HUTCHINSON, Mr. WARNER, Mr. defense of our Nation. The United This legislation is supported by nu- LEVIN, Mr. DASCHLE, Mr. LOTT, States’ military force is unmatched in merous veterans’ service organizations, Mr. KENNEDY, Mr. THURMOND, terms of power, training and ability. including the Military Coalition, the Mr. LIEBERMAN, Mr. MCCAIN, Our nation’s status as the world’s only National Military/Veterans Alliance, Mr. CLELAND, Mr. SMITH of New superpower is largely due to the sac- the American Legion, the Disabled Hampshire, Ms. LANDRIEU, Mr. rifices our veterans made during the American Veterans, the Veterans of INHOFE, Mr. REED, Mr. last century. Rather than honoring Foreign Wars, the Paralyzed Veterans SANTORUM, Mr. AKAKA, Mr. their commitment and bravery by ful- of America and the Uniformed Services ROBERTS, Mr. NELSON of Flor- filling our obligations, the federal gov- Disabled Retirees. ida, Mr. ALLARD, Mr. NELSON of ernment has chosen instead to perpet- Passing this bill will finally elimi- Nebraska, Mr. SESSIONS, Mrs. uate a longstanding injustice. Quite CARNAHAN, Ms. COLLINS, Mr. nate a grossly inequitable 19th century simply, this is disgraceful, and we must law and ensure fairness within the Fed- DAYTON, Mr. BUNNING, and Mr. correct it. BINGAMAN): eral retirement policy. Our veterans Once again our Nation is calling upon have heard enough excuses. Now it is S. 2051. A bill to remove a condition the members of the Armed Forces to time for them to hear our gratitude. I preventing authority for concurrent re- defend democracy and freedom. We urge my colleagues to join me in sup- ceipt of military retired pay and vet- must send a signal to the men and porting this legislation to finally end erans’ disability compensation from women currently in uniform that our this disservice to our retired military taking affect, and for other purposes; government takes care of those that men and women. to the Committee on Armed Services. make sacrifices for our Nation. We Mr. REID. Mr. President, last Session must demonstrate to veterans that we Our veterans have earned this and I, along with 79 cosponsors, introduced are thankful for their dedicated serv- now is our chance to honor their serv- S. 170, ‘‘The Retired Pay Restoration ice. ice to our nation. Act of 2001.’’ Our bill addressed a 110- Military retirement pay and dis- I ask unanimous consent that the year old injustice against over 500 ability compensation were earned and text of this legislation be printed in thousand of our Nation’s veterans. awarded for entirely different purposes. the RECORD. Congress has repeatedly forced the Current law ignores the distinction be- There being no objection, the bill was bravest men and women in our Nation, tween these two entitlements. Military ordered to be printed in the RECORD, as retired career veterans, to essentially retired pay is earned compensation for follows: forgo receipt of a portion of their re- the extraordinary demands and sac- S. 2051 tired pay if they received a disability rifices inherent in a military career. It Be it enacted by the Senate and House of Rep- injury in the line of service. is a reward promised for serving two resentatives of the United States of America in In October, I introduced an amend- decades or more under conditions that Congress assembled, ment identical to S. 170 for the Senate most Americans find intolerable. Vet- SECTION 1. EFFECTIVE DATE OF AUTHORITY FOR Defense Authorization Bill. The Senate erans’ disability compensation, on the CONCURRENT RECEIPT OF MILI- adopted my amendment by unanimous other hand, is recompense for pain, suf- TARY RETIRED PAY AMD VETERANS’ consent. Unfortunately, the House fering, and lost future earning power DISABILITY COMPENSATION. choose not to appropriate funds for this caused by a service-connected illness (a) REPEAL OF CONTINGENT EFFECTIVE important measure. DATE.—Section 1414 of title 10, United States or injury. Few retirees can afford to Code, as added by section 641(a) of the Na- I rise today to again introduce a bill live on their retired pay alone, and a tional Defense Authorization Act for Fiscal along with my colleagues Mr. HUTCH- severe disability only makes the prob- Year 2002 (Public Law 107–107), is amended— INSON, Mr. WARNER, Mr. LEVIN, Mr. lem worse by limiting or denying any (1) in subsection (a), by striking ‘‘, subject DASCHLE, Mr. LOTT, Mr. KENNEDY, Mr. post-service working life. to the enactment of qualifying offsetting

VerDate Mar 15 2010 20:48 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00081 Fmt 4637 Sfmt 0634 E:\2002SENATE\S21MR2.REC S21MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2274 CONGRESSIONAL RECORD — SENATE March 21, 2002 legislation as specified in subsection (f)’’; tion of our military. The men and ting legislation funding concurrent re- and women in uniform have performed ad- ceipt and requires Congress to pass (2) by striking subsections (e) and (f). mirably in the war against terrorism. I ‘‘qualifying offsetting legislation’’ be- (b) SUBSTITUTION OF EFFECTIVE DATE.—Sec- tion 1414 of title 10, United States Code, shall recently visited our troops in Afghani- fore concurrent receipt of military re- apply with respect to months beginning on stan. Their professionalism, their dedi- tired pay and veterans’ disability com- or after on October 1, 2002. cation, and their patriotism was an in- pensation can begin. The underlying (c) PROHIBITION OF RETROACTIVE BENE- spiration. As we all know, Afghanistan authorization to receive both concur- FITS.—(1) No benefit may be paid to any per- is still a very dangerous place. We need rently, as provided for in the Fiscal son by reason of section 1414 of title 10, to send a message to those soldiers Year 2002 National Defense Authoriza- United States Code, for any period before the tion Act, stands. The condition which date specified in subsection (b). that are putting their lives on the line (2) Section 641 of the National Defense Au- every day that our government pro- has delayed implementation would be thorization Act for Fiscal Year 2002 (Public vides just and fair compensation for removed by the legislation we are in- Law 107–107; 115 Stat. 1149) is amended by those that will have gone before them. troducing today. striking subsection (d). The Fiscal Year 2002 Defense Author- Both Senator LEVIN as chairman, and (d) CONFORMING TERMINATION OF SPECIAL ization Act included authority for con- I as ranking member of the Committee COMPENSATION PROGRAM.—(1) Effective on on Armed Services, have requested the date specified in subsection (b), section current receipt, but made it subject to 1413 of title 10, United States Code, is re- offsetting funding. The bill we are in- that the Senate Budget Committee in- pealed. troducing today moves forward in re- clude funding in the budget resolution (2) Section 1413 of title 10, United States quiring full concurrent receipt, with no to fund this hard-earned benefit. I have Code, is amended— restrictions. requested that this funding be included (A) in subsection (a), by striking the sec- I pledge to continue the fight on this ‘‘above the line’’—that is, in addition ond sentence; and important issue. I look forward to join- to the President’s requested amount (B) in subsection (b)— for defense. In my view, Congress (i) in paragraph (1), by striking ‘‘(1) For ing with Senator REID in ensuring that payments’’ and all that follows through ‘‘De- the Senate Budget Resolution includes should not be forced to cut the Presi- cember 2002, the following:’’; full funding for concurrent receipt. I dent’s requested initiatives and pro- (ii) by striking paragraphs (2) and (3); and will work with Senator WARNER and grams—which are critical to the ongo- (iii) by redesignating subparagraphs (A), my colleagues on the Senate Armed ing war on terrorism, to fund this ben- (B), (C), and (D) as paragraphs (1), (2), (3), and Services Committee to see that the bill efit. (4), respectively, and realigning such para- we are introducing today is incor- The House Budget Committee has al- graphs (as so redesignated) two ems from the porated into the Fiscal Year 2003 De- ready included a portion of the funds left margin. fense Authorization bill. required for ‘‘concurrent receipt’’ in Mr. HUTCHINSON. Mr. President, I In closing, I urge my colleagues on their budget resolution, ‘‘above the rise today to join Senator REID and both sides of the aisle to support this line.’’ Senator WARNER in introducing a bill important legislation. Is is simply the It is time to move forward on this that will eliminate, once and for all, right and fair thing to do for American important issue. The legislation we are the inequity that our Nation’s veterans veterans. introducing will permit implementa- have been burdened with for 110 years. Mr. WARNER. Mr. President, I join tion of the law the Congress has al- Across this great Nation there are over my colleagues today in introducing ready passed, and I am confident that, 400,000 disabled, military retirees that legislation to allow our disabled mili- working with the Budget Committee, must give up their retired pay in order tary retirees to receive all of the com- we can find the money to pay for it. to receive their VA disability com- pensation they have earned through Our Nation has no more valuable as- pensation. Military retirees are the sets than our men and women in uni- only group of Federal retirees who are their service to our Nation. With this legislation, we are taking form. They are called upon to leave forced to fund their own disability ben- the next critical step in eliminating a their families, deploy to areas around efits. tremendous injustice that impacts dis- the world, and face threats on a daily Men and women who served our coun- basis. They are on the front lines, de- try, who dedicated their lives to the de- abled military retirees. Many of my colleagues, on both sides of the aisle, fending our freedom. Our Nation must fense of freedom, have earned fair com- meet its commitment to those dedi- have joined in cosponsoring this impor- pensation. The issue has been before cated Service members. How can we the Senate for years. Concurrent re- tant legislation. What is our common goal? To ensure ask the men and women who have so ceipt legislation introduced earlier this faithfully served to sacrifice a portion year by Senator REID and myself had 79 that an important class of disabled vet- erans, military retirees who have suf- of their retirement because they are cosponsors. The Congress needs to act also receiving compensation for an in- fered disability during their years of this year on this issue. jury suffered while serving their coun- military service, are fairly and appro- This bill will honor Americans who try? answered our Nation’s call for 20 years priately compensated by the Nation Our career military service members or more. They are veterans who stood they served so well. We cannot and were promised health care for life for the line, defending our Nation, during should not wait any longer for this to themselves and their families. Two times of peace and times of war. Mili- happen. years ago, we the Congress acted to Last year, with overwhelming bipar- tary retirement pay and disability make that promise a reality. Yes, there compensation are earned and awarded tisan support, the Congress overturned was a significant cost associated with for entirely different purposes. Current the 110-year-old prohibition against providing that care. But there is no law ignores the distinction between ‘‘concurrent receipt’’ as part of the Fis- cost too high to provide for those who these entitlements. Military retirees cal Year 2002 National Defense Author- ensure our freedom. have dedicated 20 or more years to our ization Act. In other words, we re- Today we are considering a similar national defense in earning their re- pealed the prohibition in law that pre- situation. Is the cost too high of pro- tirement, whereas disability compensa- vents military retirees from receiving viding our disabled military retirees tion is awarded to compensate a vet- both their regular retired pay and vet- both the military retired pay they have eran for injury incurred in service to erans disability compensation, without earned and compensation they are due our Nation. Our veterans have earned a dollar for dollar offset. Unfortu- for a disability they received while and deserve fair compensation. I have nately, we did not have the necessary serving their Nation? I think not. been a longstanding supporter of ef- funding to pay for this repeal. The re- forts to repeal the century-old law that sulting compromise in conference was By Mr. ROCKEFELLER: prohibits military retirees from col- a confidential repeal. S. 2052. A bill to amend part A of lecting the retired pay that they On its face this legislation before us title IV of the Social Security Act to earned as well as VA disability com- is a somewhat technical proposal. By reauthorize and improve the temporary pensation. its terms, it simply repeals language assistance to needy families program, Since September 11, the American enacted in law last December that re- and for other purposes; to the Com- people have gained a greater apprecia- quires the President to propose offset- mittee on Finance.

VerDate Mar 15 2010 20:48 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00082 Fmt 4637 Sfmt 0634 E:\2002SENATE\S21MR2.REC S21MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 21, 2002 CONGRESSIONAL RECORD — SENATE S2275 Mr. ROCKEFELLER. Mr President, I tion credit with a new employment TANF funding would be allocated based am proud to introduce a bill that reau- credit. States will only get a bonus to- on the number of poor children. In 1996, thorizes the landmark welfare reform ward their work participation require- Congress promised States that it would legislation passed 1996. It will allow ment if parents move from welfare to a fully fund the Social Services Block States to continue their excellent work job. This credit will acknowledge the Grant at $2.8 billion dollars. The block on behalf of families on welfare. This dignity of all work by providing a grant is a flexible resource to states to reauthorization bill is designed to bonus for parents who get jobs, both help families, and many States use it allow states to continue to provide the full and part-time. A mother who has for child care. Unfortunately, its fund- flexible initiatives that have reduced never worked in her life and then gets ing was slashed to $1.7 billion in recent national welfare caseloads by over 50 a part-time job has had a true accom- years. I believe that since the States percent and moved millions of Ameri- plishment, and that deserves recogni- kept their promise on welfare reform, cans from welfare to work. tion. It is also the first step toward Congress should keep our promise to Welfare reform was a bold experi- independence. fund the Social Services Block Grant. ment to dramatically change a major I am especially grateful to Senator The bill also invests $200 million to social program. In 1996, Congress ended LINCOLN and Congressman LEVIN for create BusinessLink Grants, competi- the entitlement of eligible families their leadership and vision in designing tive grants to support public and pri- with children to cash aid. The results this new incentive. It is an empowering vate partnerships to help parents get five years later are impressive. Over approach to promoting work and sends jobs. The Welfare-to-Work Partnership two-thirds of the people who are leav- the proper message to families who are is just one example of how nonprofits ing the welfare rolls have left for work. striving to become self sufficient. I am working with business leaders can Six years ago, we said the goal of pleased to incorporate their proposal make a real difference. The Partner- welfare reform should be to promote into my bill. ship includes over 20,000 businesses work and to protect children. We stood At this point, with a soft economy, it that have provided more than 1 million here together, on unchartered ground, would be unwise to significantly jobs to parents moving from welfare to and endorsed significant policy change State TANF programs to im- work. I have met with the board mem- changes that we believed would help pose drastically higher work participa- bers of this group, and we should en- families gain independence and eco- tion rates requiring 40 hours per job courage such partnerships. I know that nomic self-sufficiency, while protecting placement activities would be, plain other groups, like the Salvation Army the children. States began to revise and simple, an unfunded mandate. and Good Will, are doing important welfare service delivery with guidance State officials have testified before work on providing transitional job op- based on the new reforms. Each state the Finance Committee that such portunities, and these organizations designed and implemented programs changes would force States to restruc- would be eligible for grants as well. that were unique and specific to their ture existing programs that are work- A job is the first step, but for welfare populations. ing and turn their focus away from parents to make a successful transition While there are still many challenges those who need some assistance with to independence, they need a range of facing families who are struggling to child care or transportation, but are no supports. To achieve this goal, the bill make the transition from welfare to longer dependent on a welfare check. will create Pathways to Self-Suffi- work, as well as challenges facing We should not turn away from helping ciency Grants to improve this support States in administering the program, I our working families while spending network for parents. These grants are believe that we are on the right course. limited resources to meet new, and ar- intended to provide incentives and sup- It is essential to keep on course and bitrary, work rates and hours. port to TANF caseworkers and non- support the fundamental principles To promote work, it is essential to profit organizations to help improve adopted in 1996, as well as maintain help working parents. We obviously the comprehensive network of supports new State flexibility in order to reward must invest more in child care funding for working families, including Med- and continue the innovations made by to help parents stay on the job. My icaid, CHIP, child care, EITC, and a the States. proposal seeks to increase guaranteed range of services. Working mothers de- In West Virginia, welfare reform has child care funding for this provision by serve to know what type of support brought bold changes. Parents on wel- $1 billion each year. This increase is will be available so that they do not fare get extra support as they face new designed to address existing needs of slip back into welfare. responsibilities and obligations to the current TANF program. Work is fundamental, but we also make the transition from welfare to This bill would continue the transi- need to be concerned about important jobs. Last summer, I hosted a round- tional Medicaid program so families aspects of the lives of children and table discussion to meet with indi- can keep health care coverage for a children. This legislation creates a vidual West Virginians who were un- year as they move from welfare to Family Formation Fund to encourage dergoing major life transitions. They work. In 1996, I was proud to work with health families, reduce teenage preg- told me that they were proud to be Senator BREAUX and the late Senator nancy, and improve child support and working, but that it was often still a John Chafee to protect access to health participation of parents in children’s struggle to make ends meet and do the care for such vulnerable families. I lives. The bill authorizes Second best for their children. The goal of this have incorporated Senator BREAUX’s Chance homes, an innovative program legislation is to help those parents, and bipartisan bill to continue transitional to help teenage parents get the support millions more, to promote the well- Medicaid coverage and I appreciate his and education they need. The bill seeks being of their children even as they leadership on this and other key issues. to end certain discrimination and work. Our bill also gives states more flexi- harsh rules for two-parent families in Today, I am introducing the Personal bility and options to place parents in the current system. If our goal is to Responsibility and Work Opportunity vocational training and English as a support marriage, we should not penal- Reconciliation Act Amendments of Second Language programs so parents ize married couples. 2002. States are making measurable can get jobs. In recognition of Maine’s Our legislation also makes a simple, progress. We should continue to build success with the Parents as Scholar but important change. Under the cur- on this foundation, and not reduce program, states have the option to fol- rent TANF program, each welfare par- State flexibility. It is essential we con- low the Maine model for 5 percent of ent has an Individual Responsibility tinue welfare reform, not unravel it, or their caseload to combine work and Plan that serves as an assessment and restructure it. education. work plan. In addition to having a re- This bill acknowledges that we must Because States are investing more in sponsibility to work, parents have a re- keep the focus on work, by both requir- the existing welfare program than the sponsibility to protect their children’s ing and rewarding work. To ensure a current $16.5 billion grant, this legisla- well-being. To emphasize this funda- real focus on helping parents leave wel- tion would provide a modest increase of mental point, this bill adds language fare rolls for a job, this legislation $2.5 billion in the basic TANF block directing states to incorporate the con- gradually replaces the caseload reduc- grant over the next five years. The new cept of a child’s well-being into each

VerDate Mar 15 2010 20:48 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00083 Fmt 4637 Sfmt 0634 E:\2002SENATE\S21MR2.REC S21MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2276 CONGRESSIONAL RECORD — SENATE March 21, 2002 parent’s Individual Responsibility States can count up to 10 hours of ESL, with children and pregnant women, regardless of Plan. States have great flexibility, but assessment, toward work participation. date of entry. it is important to send a clear message Provide $200 million over five years for new Authorize $32 million for Second Chance Homes for teenage expectant mothers. These that one of a parent’s responsibilities Business Link grants to create public/private partnerships to encourage employers to de- facilities allow these girls to live in a safe is the well-being of their children. sign innovative ways, including transitional environment and receive formal and par- This legislation builds on the founda- jobs, to help individuals moving from welfare enting education and prenatal care. tion of the 1996 Personal Responsibility to work. TITLE VI—PUBLIC ACCOUNTABILITY and Work Opportunity Reconciliation TITLE III—SUPPORTING FAMILIES To improve accountability, States are re- Act. My hope is that this framework Eliminate the stricter work participation quired to make public the financial and pro- will help promote bipartisan discussion requirement for two-parent families. gram data submitted to the Department of about how we can make even more im- States are prohibited from imposing strict- Health and Human Services, HHS, when the provements in our welfare system, er eligibility criteria for two-parent families, data is transmitted, including posting the in- formation on the State’s web site. while maintaining our partnership such as continuing the AFDC ‘‘100 hour’’ rule. In addition, the work participation rate Under current law, four antidiscrimination with the States. We all must work to- statutes apply to activities funded by TANF: for two-parent families is conformed to that gether, the Administration, the Con- the Age Discrimination Act of 1975; Section for one-parent families. 504 of the Rehabilitation Act of 1973; the gress and the States, to improve our Create a Family Formation Fund to pro- Americans with Disabilities Act of 1990; and partnership to help families move from vide $100 million for research, technical as- Title VI of the Civil Rights Act of 1964. GAO welfare to work. sistance, and best practices in three areas, is required to conduct a review of how States I ask unanimous consent to print the including; 1. formation of two-parent fami- have complied with the requirements of lies, 2. reducing teen pregnancy, and 3. in- section-by-section summary of my bill these laws and make recommendations for creasing the ability of non-custodial parents in the RECORD. improving compliance. HHS is also required to support and be involved in their children’s There being no objection, the section to issue a ‘‘best practices’’ guide for States by section analysis was ordered to be lives. Since a child’s well-being is part of a par- in complying with these laws in TANF. Ensure that an adult in a family receiving printed in the RECORD, as follows: ent’s responsibility, states are directed to in- TANF and engaged in a work activity shall SECTION BY SECTION ANALYSIS clude child well-being as part of the Indi- not displace any public employee or position. TITLE I—TANF FUNDING vidual Responsibility Pan for all parents in Conduct longitudinal studies in 10 States Increase the main TANF grant of $16.5 by the program. of TANF applicants and recipients to deter- adding $2.5 billion over 5 years, based on the TITLE IV—STATE FLEXIBILITY mine the factors that contribute to positive number of poor children per state. It will New Pathway to Self-Sufficiency Grants, employment and family outcomes. gradually increase the TANF block grant $150 million over 5 years, are made available A GAO study to determine the impact of from $16.5 billion in 2003 to $17.4 billion in to improve coordination of benefit systems the prohibition on SSI benefits for legal im- 2007. and to conduct outreach to low-income fami- migrants. The Supplemental Grants are renewed, in lies, working families in particular, to pro- Grant to improve States’ policies and pro- an expanded manner, and ‘‘built into’’ the mote enrollment of eligible families in as- cedures for assisting individuals with bar- main TANF funding stream. Under expan- sistance programs. States, local govern- riers to work. sion, 34 States will qualify, compared to 17 ments, and non-profit organizations are eli- GAO survey and evaluation of State activi- States in the past. The new Supplemental gible to receive the grants, with a preference ties on workforce development for profes- Grant is $472,749,000 per year. for applications which involve collabora- sional staff delivery in TANF and TANF-re- The Contingency Fund is reinstated in a tions. lated services. The report should assess the more effective form. States deserve flexibility and the option to range of caseloads and effects of caseload on A $300 million bonus fund is created to re- offer wage subsidies to parents who meet the family outcomes and satisfaction. The sur- ward States which reduce poverty, along the existing work requirements but need modest vey should provide information on the quali- lines of the ‘‘high performance’’ bonus. In ad- income support. Such subsidies would be fications, education and training for staff, dition, States which show an increase in considered ‘‘work supports’’ and as such and the amount of staff turnover. child poverty are required to include ‘‘meas- would be treated as work supports, and not urable milestones’’ in their corrective action count toward the federal 60-month time By Mr. FRIST: plans. limit. S. 2053. A bill to amend the Public Reauthorization of other grants, such as Retain the 20 percent hardship waivers for Health Service Act to improve immu- bonus grants to high performance states and State flexibility, but allow States that select nization rates by increasing the dis- grants for Indian Tribes, and continuation of the Domestic Violence Option to serve the tribution of vaccines and improving penalties for failure of any State to maintain victims of domestic violence as a separate and clarifying the vaccine injury com- certain level of historic effort. and distinct category, since this option has pensation program, and for other pur- Funding for the Social Services Block specific rules, including a 6-month review. poses; to the Committee on Health, Grant, SSBG, which funds an array of needed States operating under 1996 waivers are programs including day care, education and Education, Labor, and Pensions. permitted to continued doing so. Mr. FRIST. Mr. President, I rise training programs, and services for victims Provide States with the option to align of domestic violence, is restored to $2.8 bil- foster care and adoption assistance eligi- today to introduce the ‘‘Vaccine Af- lion per year, as is the 10 percent TANF bility with TANF eligibility. States must re- fordability and Availability Act.’’ The transfer authority, as promised in the origi- tain the income and assets standards for fos- United States has succeeded in dra- nal 1996 welfare reform law. ter care established in the 1996 welfare re- matically reducing the incidence of TITLE II—SUPPORTING WORK form law as the minimum standard, but disease through the use of vaccines. In Replace caseload reduction credit with em- States would have the option of updating the some cases, we’ve even been able to ployment credit beginning with fiscal year standards to align them with TANF eligi- eradicate specific diseases, including 2005. Employment credit will reward States bility. This is designed to streamline admin- smallpox. Smallpox, which has killed in which families leave welfare for work; ad- istrative work, and is similar to State flexi- bility to align food stamp vehicle rules to more people than any other disease or ditional credit will be awarded for families war in history, has been eradicated by leaving welfare with higher earnings. TANF vehicle rules. Allow States to cover eligible legal immi- the research, development and deploy- Guaranteed funding for the mandatory grants under TANF, regardless of date of component of the Child Care Development ment of vaccines. entry. Block Grant, CCDBG, is increased from $2.7 Still, our success should not and Give States more flexibility to transfer billion to $3.7 billion per year. The TANF must not dampen our resolve for com- TANF funds to carry out existing transpor- transfer authority continues. bating disease with vaccines. Many tation-for-jobs programs or reverse commute States which adopt a ‘‘Parents as Schol- vaccine-preventable diseases are still projects. ars’’ program, which combines work and increasing morbidity and mortality post-secondary education, may count par- TITLE V—HEALTHY CHILDREN due to a lack of public awareness about ticipants in such a program as meeting the Provide transitional Medicaid to parents the existence and effectiveness of vac- work participation requirements, up to a and children making the transition from cines, and, in some cases, due to a maximum of 5 percent of a State’s caseload. welfare to work. Provide States with the op- Vocational training and education are per- tion of automatically enrolling families who shortage of certain vaccines. mitted to count toward the work participa- leave TANF for a job in Medicaid for a full The goal of this bill is to improve tion requirements for up to 24 months, not year, without the necessity of reapplying. how we vaccinate people in America 12, and teenage mothers completing high States will have an option to provide Med- today. It would reduce the cost of vac- school are exempt from the 30 percent cap. icaid and CHIP services to legal immigrant cines, make vaccines more accessible,

VerDate Mar 15 2010 20:48 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00084 Fmt 4637 Sfmt 0634 E:\2002SENATE\S21MR2.REC S21MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 21, 2002 CONGRESSIONAL RECORD — SENATE S2277 enhance vaccine education, and Secretary of HHS on ways to improve The Vaccine Affordability and Avail- streamline the vaccine compensation the Vaccine Injury Compensation Pro- ability Act seeks to ensure the VICP program. I urge all of my colleagues, gram, which was also established in the balance between fairness to claimants on both sides of the aisle, to support same law. Meeting minutes from a Sep- seeking compensation for vaccine-re- this bill and, in so doing, support the tember 2001 ACCV meeting best sum up lated injury or death and stability for prevention of disease and the saving of the integral connection between vac- continued vaccine production is lives. cine supply, production, and liability strengthened. It further addresses the We must strengthen our immuniza- concerns that our bill seeks to address: concerns of claimants who file for com- tion system. We need only look at the ‘‘The vaccine supply in the United pensation under VICP, in large part experiences of three developed coun- States is becoming quite fragile. Over based on recommendations made by tries, Great Britain, Sweden and the last 20 to 30 years, there has been a the Advisory Commission on Childhood Japan, when they allowed their immu- significant decrease in the number of Vaccines, ACCV. Because family plays nization rates to drop due to fear asso- vaccine manufacturers. As a result, such an important role in the rehabili- ciated with the pertussis, whooping there is a relatively small group of tation and treatment of a child injured cough, vaccine. In Great Britain, a de- manufacturers with limited manufac- by a vaccine, the legislation allows crease in pertussis immunizations in turing capability. This fragility com- VICP awards to cover family coun- 1974 resulted in an epidemic of more promises the ability to meet current seling and guardianship costs. than 100,000 cases of pertussis and 36 vaccine needs and limits capacity to Additionally, the bill raises the pay- deaths by 1978. In Japan between 1974 respond to emergencies.’’ ment ceiling on two capped payments In the early 1980s, lawsuits alleging and 1979, pertussis vaccination rates that have not been raised since the vaccine-related injury or death threat- fell from 70 percent, with 393 cases and VICP was implemented in 1988. The leg- ened vaccine production, availability, no deaths, to around 20 to 40 percent, islation also lengthens the filing dead- cost and even the development of new with 13,000 cases and 41 deaths. In Swe- line so that petitioners may have more vaccines. Coupled with already low den between 1981 and 1985, the annual time to adequately assess the life care profit margins, the vaccine market be- incidence rate of pertussis per 100,000 and medical needs of a vaccine-injured came unstable. Gross sales of the DTP children 0–6 years of age increased from child before filing and adjudicating a vaccine in 1980 for all manufacturers 700 cases to 3,200 cases. Low diphtheria VICP claim. It also allows claimants to fell to about $3 million. If even a few of immunization rates in the former So- recover interim costs before final judg- the vaccinated children experienced ad- viet Union for children and the lack of ment is reached, to ease the financial verse reactions to the DTP vaccine and booster immunizations for adults have strain on petitioners for costs associ- recovered $1 million each, for a life- increased diphtheria from 839 cases in ated with filing a VICP claim. The bill time of mental impairment, then dam- 1989 to nearly 50,000 cases and 1,700 also broadened the membership cri- ages would easily exceed total sales. deaths in 1994. teria so that an adult who has been in- As the General Accounting Office, Costs associated with researching new jured by a vaccine may participate on GAO, described in a March 2000 report, vaccines and the uncertainty created the ACCV. Finally, the legislation infectious diseases are responsible for by liability once the vaccine was ap- makes clear that all of these changes nearly half of all deaths worldwide for proved by the Food and Drug Adminis- apply to pending and future VICP people under the age of 44. The report tration and marketed, further jeopard- claims. further states that immunizing chil- ized future vaccine development. dren against infectious diseases is In an attempt to address liability Today, only two American companies ‘‘considered to be one of the most effec- projections, manufacturers either and two European companies sell vac- tive public health initiatives ever un- raised their prices, the DTP vaccine cines in the United States. The United dertaken’’ in the United States and the rose from $.19 in 1980 to more than States is currently experiencing short- number of people in the United States $12.00 by 1986, or left the vaccine mar- ages in 5 of the 9 recommended child- contracting vaccine-preventable dis- ket entirely. By the mid-1980’s, the hood vaccines, for which there are only eases has been reduced by more than 95 number of manufacturers of DTP vac- four manufacturers licensed to sell in percent. Every year, millions of chil- cine declined from seven to one and the the United States. Once again, the dren are safely vaccinated, preventing Nation experienced a critical shortage threat of liability and the cost of liti- thousands of childhood deaths and even of vaccine. As a result, we stopped im- gation pose challenges to the stability more debilitating illnesses. While vac- munizing 2 year olds, leaving them vul- of our vaccine supply. According to the cines save lives and save the nation nerable to whooping cough, diphtheria, March 18, 2002 edition of Forbes maga- from lifelong medical costs associated and tetanus. zine, the profit margin for vaccines is with contracting vaccine-preventable In 1986, Congress established the Vac- very slim. Just one of the pending class diseases, no product is risk-free. cine Injury Compensation Program, action lawsuits seeks $30 billion in When Congress passed the National VICP, as part of the National Child- damages. The entire global value of the Childhood Vaccine Injury Act in 1986, hood Vaccine Injury Act. The VICP vaccine market, all around the world, it recognized that ‘‘[v]accination of was created to address two major is only $5 billion. children against deadly, disabling, but goals: To provide compensation to The ‘‘Vaccine Affordability and preventable infectious diseases has those who suffered rare but serious side Availability Act’’ simply ensures that been one of the most spectacularly ef- effects from vaccines and to stabilize the VICP’s goal of stabilizing the vac- fective public health initiatives this the vaccine production and supply mar- cine market is not jeopardized. In es- country has ever undertaken.’’ Con- ket. The VICP was established as a tablishing the VICP in 1986, Congress gress further noted that the ‘‘[u]se of Federal ‘‘no-fault’’ compensation sys- sought to ensure that individuals vaccines has prevented thousands of tem to compensate individuals who claiming injury from covered vaccines children’s deaths each year and has have been injured by certain covered must first file for compensation under substantially reduced the effects re- childhood vaccines. While vaccine-in- the VICP. Some individuals, however, sulting from disease.’’ Congress further jured parties are required to file claims have attempted to evade this require- recognized that the cost of litigation under the VICP before filing lawsuits, ment by arguing, for example, that a initiated on behalf of children claiming proof requirements are much lower preservative used in a vaccine, and in- vaccine-related injuries has resulted in than in court and procedures are sim- cluded in the vaccine’s product license an enormous increase in the price of plified for injuries that are listed on application and product label, is not vaccines and a significant reduction in the Vaccine Injury Table. The balance itself a ‘‘vaccine’’ so the VICP restric- the number of vaccine manufacturers that was struck was that the burden of tions do not apply to claims for inju- in the U.S. market. proving causation was significantly re- ries caused by preservatives. This bill The Advisory Commission on Child- duced for VICP claimants, while the restates the original intent of the law, hood Vaccines, ACCV, was established litigation burden on manufacturers and that a vaccine is all the ingredients pursuant to the 1986 National Child- administrators of covered vaccines is and components which are approved by hood Vaccine Injury Act to advise the decreased. FDA to be in the product.

VerDate Mar 15 2010 20:48 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00085 Fmt 4637 Sfmt 0634 E:\2002SENATE\S21MR2.REC S21MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2278 CONGRESSIONAL RECORD — SENATE March 21, 2002 The bill makes necessary clarifica- facturers and administrators of vac- TITLE I—STATE VACCINE GRANTS tions to the VICP to ensure that un- cines seeking greater certainty in li- SEC. 101. AVAILABILITY OF INFLUENZA VACCINE. warranted litigation does not again de- ability exposure, which, in turn, will Section 317(j) of the Public Health Service stabilize the vaccine market causing stabilize vaccine production. Act (42 U.S.C. 247b(j)) is amended by adding the few manufacturers licensed to sell This bill will help to ensure that the at the end the following: ‘‘(3)(A) For the purpose of carrying out ac- vaccines in the United States to leave balance between the two very impor- tivities relating to influenza vaccine under the market resulting in even more seri- tant goals of the Vaccine Injury Com- the immunization program under this sub- ous shortages of essential vaccines. It pensation Program is maintained: To section, there are authorized to be appro- clarifies that a vaccine-injured person provide for fair and expeditious com- priated such sums as may be necessary for must timely file a petition and com- pensation for persons injured by cov- each of fiscal years 2003 and 2004. Such au- plete the VICP process before third ered vaccines; and to ensure a stable thorization shall be in addition to amounts parties may bring a civil action in con- supply of vaccines by avoiding unwar- available under paragraphs (1) and (2) for nection with that person’s injuries. such purpose. ranted litigation relating to vaccine- ‘‘(B) The authorization of appropriations The bill adopts the ACCV recommenda- related injuries and deaths. I urge my established in subparagraph (A) shall not be tion that clarifies that certain well-de- colleagues to support and pass this effective for a fiscal year unless the total fined medical conditions such as struc- much needed legislation at a time amount appropriated under paragraphs (1) tural lesions and genetic disorders may when liability concerns once again and (2) for the fiscal year is not less than be considered to be ‘‘factors unre- threaten our vaccine supply. such total for fiscal year 2000. lated,’’ and therefore non-compensable I ask unanimous consent the text of ‘‘(C) The purposes for which amounts ap- propriated under subparagraph (A) are avail- under VICP, to a vaccine, even if the the bill be printed in the RECORD. exact defect in the gene, for example, able to the Secretary include providing for There being no objection, the bill was improved State and local infrastructure for is unknown. The legislation also clari- ordered to be printed in the RECORD, as influenza immunizations under this sub- fies that vaccine manufacturers and follows: section in accordance with the following: administrators cannot be sued unless S. 2053 ‘‘(i) Increasing influenza immunization there is evidence that a vaccine has Be it enacted by the Senate and House of Rep- rates in populations considered by the Sec- caused present physical harm, they resentatives of the United States of America in retary to be at high risk for influenza-re- cannot be sued for medical monitoring Congress assembled, lated complications and in their contacts. ‘‘(ii) Recommending that health care pro- to look for some theoretical future SECTION 1. SHORT TITLE; TABLE OF CONTENTS. harm. The bill clarifies the definition viders actively target influenza vaccine that (a) SHORT TITLE.—This Act may be cited as is available in September, October, and No- of manufacturer to specify that a vac- the ‘‘Improved Vaccine Affordability and vember to individuals who are at increased cine includes all components or ingre- Availability Act’’. risk for influenza-related complications and (b) TABLE OF CONTENTS.—The table of con- dients of the vaccine and clarifies the to their contacts. tents of this Act is as follows: existing law to ensure that any compo- ‘‘(iii) Providing for the continued avail- nent or ingredient listed in a vaccine’s Sec. 1. Short title; table of contents. ability of influenza immunizations through product license application or label TITLE I—STATE VACCINE GRANTS December of such year, and for additional pe- will not be considered to be an Sec. 101. Availability of influenza vaccine. riods to the extent that influenza vaccine re- adulterant or contaminant. As with Sec. 102. Program for increasing immuniza- mains available. tion rates for adults and adoles- ‘‘(iv) Encouraging States, as appropriate, the changes we are making for VICP to develop contingency plans (including claimants, these changes would apply cents; collection of additional immunization data. plans for public and professional educational to pending and future VICP claims. Sec. 103. Immunization awareness. activities) for maximizing influenza immuni- This bill also requires that the Sec- Sec. 104. Supply of vaccines. zations for high-risk populations in the retary of HHS prioritize, acquire and TITLE II—VACCINE INJURY event of a delay or shortage of influenza vac- maintain a 6-month supply of vaccines COMPENSATION PROGRAM cine. ‘‘(D) The Secretary shall submit to the to address future vaccine shortages and Sec. 201. Administrative revision of vaccine delays in production and authorizes Committee on Energy and Commerce of the injury table. House of Representatives, and the Com- new funds for this purpose. By author- Sec. 202. Equitable relief. mittee on Health, Education, Labor, and izing additional funding for grants to Sec. 203. Parent petitions for compensation. Pensions of the Senate, periodic reports de- State and local governments to in- Sec. 204. Jurisdiction to dismiss actions im- scribing the activities of the Secretary under crease influenza immunization rates properly brought. this subsection regarding influenza vaccine. for high risk populations and by au- Sec. 205. Application. The first such report shall be submitted not thorizing funding to increase immuni- Sec. 206. Clarification of when injury is later than June 6, 2003, the second report caused by factor unrelated to shall be submitted not later than June 6, zation rates for adolescents and adults administration of vaccine. who are medically underserved and at- 2004, and subsequent reports shall be sub- Sec. 207. Increase in award in the case of a mitted biennially thereafter.’’. risk for vaccine-preventable diseases, vaccine-related death and for SEC. 102. PROGRAM FOR INCREASING IMMUNIZA- this bill seeks to meet the challenge of pain and suffering. TION RATES FOR ADULTS AND ADO- improving adolescent and adult immu- Sec. 208. Basis for calculating projected lost LESCENTS; COLLECTION OF ADDI- nization rates. Finally, it ensures that earnings. TIONAL IMMUNIZATION DATA. colleges, universities and prisons are Sec. 209. Allowing compensation for family (a) ACTIVITIES OF CENTERS FOR DISEASE counseling expenses and ex- given information about the avail- CONTROL AND PREVENTION.—Section 317(j) of penses of establishing guardian- the Public Health Service Act (42 U.S.C. ability of a vaccine for bacterial men- ship. 247b(j)), as amended by section 101, is further ingitis and that health care clinics and Sec. 210. Allowing payment of interim costs. amended by adding at the end the following: providers are given information about Sec. 211. Procedure for paying attorneys’ ‘‘(4)(A) For the purpose of carrying out ac- the availability of hepatitis A and B fees. tivities to increase immunization rates for vaccines. Sec. 212. Extension of statute of limitations. adults and adolescents through the immuni- In summary, the ‘‘Vaccine Afford- Sec. 213. Advisory commission on childhood zation program under this subsection, and ability and Availability Act’’ clarifies, vaccines. for the purpose of carrying out subsection updates, and streamlines the existing Sec. 214. Clarification of standards of re- (k)(2), there are authorized to be appro- sponsibility. priated $50,000,000 for fiscal year 2003, and Vaccine Injury Compensation Program Sec. 215. Clarification of definition of manu- such sums as may be necessary for each of to address concerns of petitioners to facturer. the fiscal years 2004 through 2006. Such au- the program, to ensure that we are bet- Sec. 216. Clarification of definition of vac- thorization is in addition to amounts avail- ter prepared for normal market short- cine-related injury or death. able under paragraphs (1), (2), and (3) for ages and delays in production and that Sec. 217. Clarification of definition of vac- such purposes. unwarranted litigation does not fur- cine. ‘‘(B) In expending amounts appropriated ther destabilize our vaccine supply. I Sec. 218. Conforming amendment to trust under subparagraph (A), the Secretary shall fund provision. give priority to adults and adolescents who urge my colleagues to support this Sec. 219. Ongoing review of childhood vac- are medically underserved and are at risk for much needed legislation to improve the cine data. vaccine-preventable diseases, including as way the VICP operates for claimants Sec. 220. Pending actions. appropriate populations identified through seeking compensation and for manu- Sec. 221. Report. projects under subsection (k)(2)(E).

VerDate Mar 15 2010 20:48 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00086 Fmt 4637 Sfmt 0634 E:\2002SENATE\S21MR2.REC S21MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 21, 2002 CONGRESSIONAL RECORD — SENATE S2279 ‘‘(C) The purposes for which amounts ap- tices (an advisory committee established by no such court may award damages or equi- propriated under subparagraph (A) are avail- the Secretary Health and Human Services, table relief for any such vaccine-related in- able include (with respect to immunizations acting through the Centers for Disease Con- jury or death, unless the person proves for adults and adolescents) the payment of trol and Prevention). present physical injury and a timely petition the costs of storing vaccines, outreach ac- (2) ENTITIES.—An entity is described in this has been filed, in accordance with section tivities to inform individuals of the avail- paragraph if the entity— 2116 for compensation under the Program for ability of the immunizations, and other pro- (A) is— such injury or death and—’’. gram expenses necessary for the establish- (i) a college or university; or SEC. 203. PARENT PETITIONS FOR COMPENSA- ment or operation of immunization programs (ii) a prison or other detention facility; and TION. carried out or supported by States or other (B) is determined appropriate by the Sec- Section 2111(a)(2) of the Public Health public entities pursuant to this subsection. retary of Health and Human Services. Service Act (42 U.S.C. 300aa–(a)(2)) is amend- ‘‘(5) The Secretary shall annually submit (b) DEVELOPMENT OF INFORMATION CON- ed— to Congress a report that— CERNING HEPATITIS.— (1) in subparagraph (B), by inserting ‘‘or ‘‘(A) evaluates the extent to which the im- (1) IN GENERAL.—The Secretary of Health (B)’’ after ‘‘subparagraph (A)’’; munization system in the United States has and Human Services, in consultation with (2) by redesignating subparagraph (B) as been effective in providing for adequate im- the Director of the Centers for Disease Con- subparagraph (C); and munization rates for adults and adolescents, trol and Prevention, shall develop and make (3) by inserting after subparagraph (A) the taking into account the applicable year 2010 available to entities described in paragraph following: health objectives established by the Sec- (2) information concerning hepatitis A and B ‘‘(B) No parent or other third party may retary regarding the health status of the and the availability and effectiveness of vac- bring or maintain a civil action against a people of the United States; and cinations with respect to such diseases. vaccine administrator or manufacturer in a ‘‘(B) describes any issues identified by the (2) ENTITIES.—An entity is described in this Federal or State court for damages or equi- Secretary that may affect such rates. paragraph if the entity— table relief relating to a vaccine-related in- ‘‘(6) In carrying out this subsection and (A) is— jury or death, including but not limited to paragraphs (1) and (2) of subsection (k), the (i) a health care clinic that serves individ- damages for loss of consortium, society, Secretary shall consider recommendations uals diagnosed as being infected with HIV or companionship or services, loss of earnings, regarding immunizations that are made in as having other sexually transmitted dis- medical or other expenses, and emotional reports issued by the Institute of Medicine.’’. eases; distress, and no court may award damages or (b) RESEARCH, DEMONSTRATIONS, AND EDU- (ii) an organization or business that coun- equitable relief in such an action unless the CATION.—Section 317(k) of the Public Health sels individuals about international travel or action is joined with a civil action brought Service Act (42 U.S.C. 247b(k)) is amended— who arranges for such travel; by the person whose vaccine-related injury is (1) by redesignating paragraphs (2) through (iii) a police, fire or emergency medical the basis for the parent’s or other third par- (4) as paragraphs (3) through (5), respec- services organization that responds to nat- ty’s action and that person has satisfied the tively; and ural or man-made disasters or emergencies; conditions of subparagraph (A).’’. (2) by inserting after paragraph (1) the fol- (iv) a prison or other detention facility; SEC. 204. JURISDICTION TO DISMISS ACTIONS IM- lowing: (v) a college or university; or PROPERLY BROUGHT. ‘‘(2) The Secretary, directly and through (vi) a public health authority or children’s Section 2111(a)(3) of the Public Health grants under paragraph (1), shall provide for health service provider in areas of inter- Service Act (42 U.S.C. 300aa–11(a)(3)) is a program of research, demonstration mediate or high endemnicity for hepatitis A amended by adding at the end the following: projects, and education in accordance with as defined by the Centers for Disease Control ‘‘If any civil action which is barred under the following: and Prevention; and subparagraph (A) or (B) of paragraph (2) is ‘‘(A) The Secretary shall coordinate with (B) is determined appropriate by the Sec- filed or maintained in a State court, or any public and private entities (including non- retary of Health and Human Services. vaccine administrator or manufacturer is profit private entities), and develop and dis- SEC. 104. SUPPLY OF VACCINES. made a party to any civil action brought in seminate guidelines, toward the goal of en- (a) IN GENERAL.—The Secretary of Health State court (other than a civil action which suring that immunizations are routinely of- and Human Services, acting through the Di- may be brought under paragraph (2)) for fered to adults and adolescents by public and rector of the Centers for Disease Control and damages or equitable relief for a vaccine-re- private health care providers. Prevention, shall prioritize, acquire, and lated injury or death associated with the ad- ‘‘(B) The Secretary shall cooperate with maintain a supply of such prioritized vac- ministration of a vaccine after October 1, public and private entities to obtain infor- cines sufficient to provide vaccinations 1988, the civil action may be removed by the mation for the annual evaluations required throughout a 6-month period. defendant or defendants to the United States in subsection (j)(5)(A). (b) PROCEEDS.—Any proceeds received by Court of Federal Claims, which shall have ju- ‘‘(C) The Secretary shall (relative to fiscal the Secretary of Health and Human Services risdiction over such civil action, and which year 2001) increase the extent to which the from the sale of vaccines contained in the shall dismiss such action. The notice re- Secretary collects data on the incidence, supply described in subsection (a), shall be quired by section 1446 of title 28, United prevalence, and circumstances of diseases available to the Secretary for the purpose of States Code, shall be filed with the United and adverse events that are experienced by purchasing additional vaccines for the sup- States Court of Federal Claims, and that adults and adolescents and may be associ- ply. Such proceeds shall remain available court shall proceed in accordance with sec- ated with immunizations, including col- until expended. tions 1446 through 1451 of title 28, United lecting data in cooperation with commercial (c) AUTHORIZATION OF APPROPRIATIONS.— States Code.’’. There are authorized to be appropriated for laboratories. SEC. 205. APPLICATION. the purpose of carrying out subsection (a) ‘‘(D) The Secretary shall ensure that the Section 2111(a)(9) of the Public Health such sums as may be necessary for each of entities with which the Secretary cooperates Service Act (42 U.S.C. 300aa–11(a)(9)) is fiscal years 2003 through 2008. for purposes of subparagraphs (A) through amended by striking ‘‘This’’ and inserting (C) include managed care organizations, TITLE II—VACCINE INJURY ‘‘Except as provided in subsection(a)(2), community-based organizations that provide COMPENSATION PROGRAM this’’. health services, and other health care pro- SEC. 201. ADMINISTRATIVE REVISION OF VAC- SEC. 206. CLARIFICATION OF WHEN INJURY IS viders. CINE INJURY TABLE. CAUSED BY FACTOR UNRELATED TO ‘‘(E) The Secretary shall provide for The second sentence of section 2114(c)(1) of ADMINISTRATION OF VACCINE. projects to identify racial and ethnic minor- the Public Health Service Act (42 U.S.C. Section 2113(a)(2)(B) of the Public Health ity groups and other health disparity popu- 300aa–14(c)(1)) is amended to read as follows: Service Act (42 U.S.C. 300aa–13(a)(2)(B)) is lations for which immunization rates for ‘‘In promulgating such regulations, the Sec- amended— adults and adolescents are below such rates retary shall provide for notice and for at (1) by inserting ‘‘structural lesions, genetic for the general population, and to determine least 90 days opportunity for public com- disorders,’’ after ‘‘and related anoxia)’’; the factors underlying such disparities.’’. ment.’’. (2) by inserting ‘‘(without regard to wheth- SEC. 103. IMMUNIZATION AWARENESS. SEC. 202. EQUITABLE RELIEF. er the cause of the infection, toxin, trauma, (a) DEVELOPMENT OF INFORMATION CON- Section 2111(a)(2)(A) of the Public Health structural lesion, genetic disorder, or meta- CERNING MENINGITIS.— Service Act (42 U.S.C. 300aa–11(a)(2)(A)) is bolic disturbance is known)’’ after ‘‘meta- (1) IN GENERAL.—The Secretary of Health amended by striking ‘‘No person’’ and all bolic disturbances’’; and and Human Services, in consultation with that follows through ‘‘and—’’ and inserting (3) by striking ‘‘but’’ and inserting ‘‘and’’. the Director of the Centers for Disease Con- the following: ‘‘No person may bring or SEC. 207. INCREASE IN AWARD IN THE CASE OF A trol and Prevention, shall develop and make maintain a civil action against a vaccine ad- VACCINE-RELATED DEATH AND FOR available to entities described in paragraph ministrator or manufacturer in a State or PAIN AND SUFFERING. (2) information concerning bacterial menin- Federal court for damages arising from, or Section 2115(a) of the Public Health Serv- gitis and the availability and effectiveness of equitable relief relating to, a vaccine-related ice Act (42 U.S.C. 300aa–15(a)) is amended— vaccinations for populations targeted by the injury or death associated with the adminis- (1) in paragraph (2), by striking ‘‘$250,000’’ Advisory Committee of Immunization Prac- tration of a vaccine after October 1, 1988 and and inserting ‘‘$350,000’’; and

VerDate Mar 15 2010 20:48 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00087 Fmt 4637 Sfmt 0634 E:\2002SENATE\S21MR2.REC S21MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2280 CONGRESSIONAL RECORD — SENATE March 21, 2002 (2) in paragraph (4), by striking ‘‘$250,000’’ section 205, is further amended by adding at law shall apply to a civil action brought for and inserting ‘‘$350,000’’. the end the following: damages’’ and inserting ‘‘(d), and (f) State SEC. 208. BASIS FOR CALCULATING PROJECTED ‘‘(5) When a special master or court awards law shall apply to a civil action brought for LOST EARNINGS. attorney fees or costs under paragraph (1) or damages or equitable relief’’; and Section 2115(a)(3)(B) of the Public Health (4), it may order that such fees or costs be (b) UNAVOIDABLE ADVERSE SIDE EFFECTS.— Service Act (42 U.S.C. 300aa–15(a)(3)(B)) is payable solely to the petitioner’s attorney Section 2122(b)(1) of the Public Health Serv- amended by striking ‘‘loss of earnings’’ and if— ice Act (42 U.S.C. 300aa–22(b)(1)) is amended all that follows and inserting the following: ‘‘(A) the petitioner expressly consents; or by inserting ‘‘or equitable relief’’ after ‘‘for ‘‘loss of earnings determined on the basis of ‘‘(B) the special master or court deter- damages’’. the annual estimate of the average (mean) mines, after affording to the Secretary and (c) DIRECT WARNINGS.—Section 2122(c) of gross weekly earnings of wage and salary to all interested persons the opportunity to the Public Health Service Act (42 U.S.C. workers age 18 and over (excluding the incor- submit relevant information, that— 300aa–22(c)) is amended by inserting ‘‘or equi- porated self-employed) in the private non- ‘‘(i) the petitioner cannot be located or re- table relief’’ after ‘‘for damages’’. farm sector (which includes all industries fuses to respond to a request by the special (d) CONSTRUCTION.—Section 2122(d) of the other than agricultural production crops and master or court for information, and there is Public Health Service Act (42 U.S.C. 300aa– livestock), as calculated annually by the Bu- no practical alternative means to ensure 22(d)) is amended— reau of Labor Statistics from the quarter that the attorney will be reimbursed for such (1) by inserting ‘‘or equitable relief’’ after sample data of the Current Population Sur- fees or costs expeditiously; or ‘‘for damages’’; and vey, or as calculated by such similar method ‘‘(ii) there are otherwise exceptional cir- (2) by inserting ‘‘or relief’’ after ‘‘which as the Secretary may prescribe by regula- cumstances and good cause for paying such damages’’. tion, less appropriate taxes and the average fees or costs solely to the petitioner’s attor- (e) PRESENT PHYSICAL INJURY.—Section cost of a health insurance policy, as deter- ney.’’. 2122 of the Public Health Service Act (42 mined by the Secretary.’’. SEC. 212. EXTENSION OF STATUTE OF LIMITA- U.S.C. 300aa–22) is amended— SEC. 209. ALLOWING COMPENSATION FOR FAM- TIONS. (1) by redesignating subsections (d) and (e) ILY COUNSELING EXPENSES AND EX- (a) GENERAL RULE.—Section 2116(a) of the as subsections (e) and (f), respectively; and PENSES OF ESTABLISHING GUARD- Public Health Service Act (42 U.S.C. 300aa– (2) by inserting after subsection (c) the fol- IANSHIP. 16(a)) is amended— lowing: (a) FAMILY COUNSELING EXPENSES IN POST- (1) in paragraph (2) by striking ‘‘36 ‘‘(d) PRESENT PHYSICAL INJURY.—No vac- 1988 CASES.—Section 2115(a) of the Public months’’ and inserting ‘‘6 years’’; and cine manufacturer or vaccine administrator Health Service Act (42 U.S.C. 300aa–15(a)) is (2) in paragraph (3), by striking ‘‘48 shall be liable in a civil action brought after amended by adding at the end to following: months’’ and inserting ‘‘6 years’’. October 1, 1988, for equitable or monetary re- ‘‘(5) Actual unreimbursable expenses that (b) CLAIMS BASED ON REVISIONS TO TABLE.— lief absent proof of present physical injury have been or will be incurred for family Strike all of section 2116(b) of the Public from the administration of a vaccine, nor counseling as is determined to be reasonably Health Service Act (42 U.S.C. 300aa–16(b)) and shall any vaccine manufacturer or vaccine necessary and that result from the vaccine- insert the following: administrator be liable in any such civil ac- related injury from which the petitioner ‘‘(b) EFFECT OF REVISED TABLE.—If at any tion for claims of medical monitoring, or in- seeks compensation.’’. time the Vaccine Injury Table is revised and creased risk of harm.’’. (b) EXPENSES OF ESTABLISHING the effect of such revision is to make an indi- SEC. 215. CLARIFICATION OF DEFINITION OF GUARDIANSHIPS IN POST-1988 CASES.—Section vidual eligible for compensation under the MANUFACTURER. 2115(a) of the Public Health Service Act (42 program, where, before such revision, such Section 2133(3) of the Public Health Service U.S.C. 300aa–15(a)), as amended by subsection individual was not eligible for compensation Act (42 U.S.C. 300aa–33(3)) is amended— (a), is further amended by adding at the end under the program, or to significantly in- (1) in the first sentence, by striking ‘‘under the following: crease the likelihood that an individual will its label any vaccine set forth in the Vaccine ‘‘(6) Actual unreimbursable expenses that be able to obtain compensation under the Injury Table’’ and inserting ‘‘any vaccine set have been, or will be reasonably incurred to program, such person may, and must before forth in the Vaccine Injury table, including establish and maintain a guardianship or filing a civil action for equitable relief or any component or ingredient of any such conservatorship for an individual who has monetary damages, notwithstanding section vaccine’’; and suffered a vaccine-related injury, including 2111(b)(2), file a petition for such compensa- (2) in the second sentence, by inserting attorney fees and other costs incurred in a tion if— ‘‘including any component or ingredient of proceeding to establish and maintain such ‘‘(1) the vaccine-related death or injury any such vaccine’’ before the period. guardianship or conservatorship.’’. with respect to which the petition is filed oc- (c) CONFORMING AMENDMENT FOR CASES SEC. 216. CLARIFICATION OF DEFINITION OF curred not more than 8 years before the ef- VACCINE-RELATED INJURY OR FROM 1988 AND EARLIER.—Section 2115(b) of DEATH. the Public Health Service Act (42 U.S.C. fective date of the revision of the table; and Section 2133(5) of the Public Health Service 300aa–15(b)) is amended— ‘‘(2) either— Act (42 U.S.C. 300aa–33(5)) is amended by add- (1) in paragraph (2), by striking ‘‘and’’ at ‘‘(A) the petition satisfies the conditions ing at the end the following: ‘‘For purposes the end; described in subsection (a); or of the preceding sentence, an adulterant or (2) in paragraph (3), by inserting a closed ‘‘(B) the date of the occurrence of the first contaminant shall not include any compo- parenthesis before the period in that para- symptom or manifestation of onset of the in- nent or ingredient listed in a vaccine’s prod- graph; jury occurred more than 4 years before the uct license application or product label.’’. (3) by redesignating paragraph (3) as para- petition is filed, and the petition is filed not graph (5); and more than 2 years after the effective date of SEC. 217. CLARIFICATION OF DEFINITION OF (4) by inserting after paragraph (2), the fol- the revision of the table.’’. VACCINE. lowing: SEC. 213. ADVISORY COMMISSION ON CHILD- Section 2133 of the Public Health Service ‘‘(3) family counseling expenses (as pro- HOOD VACCINES. Act (42 U.S.C. 300aa–33) is amended by adding vided for in paragraph (5) of subsection (a)); (a) SELECTION OF PERSONS INJURED BY VAC- at the end the following: ‘‘(4) expenses of establishing guardianships CINES AS PUBLIC MEMBERS.—Section ‘‘(7) The term ‘vaccine’ means any prepara- (as provided for in paragraph (6) of sub- 2119(a)(1)(B) of the Public Health Service Act tion or suspension, including but not limited section (a)); and’’. (42 U.S.C. 300aa–19(a)(1)(B)) is amended by to a preparation or suspension containing an attenuated or inactive microorganism or SEC. 210. ALLOWING PAYMENT OF INTERIM striking ‘‘of whom’’ and all that follows and COSTS. inserting the following: ‘‘of whom 1 shall be subunit thereof or toxin, developed or admin- Section 2115(e) of the Public Health Serv- the legal representative of a child who has istered to produce or enhance the body’s im- ice Act (42 U.S.C. 300aa–15(e)) is amended by suffered a vaccine-related injury or death, mune response to a disease or diseases and adding at the end the following: and at least 1 other shall be either the legal includes all components and ingredients list- ‘‘(4) A special master or court may make representative of a child who has suffered a ed in the vaccines’s product license applica- an interim award of costs if— vaccine-related injury or death or an indi- tion and product label.’’. ‘‘(A) the case involves a vaccine adminis- vidual who has personally suffered a vaccine- SEC. 218. CONFORMING AMENDMENT TO TRUST tered on or after October 1, 1988; related injury.’’. FUND PROVISION. ‘‘(B) the award is limited to other costs (b) MANDATORY MEETING SCHEDULE ELIMI- Section 9510(c)(1)(A) of the Internal Rev- (within the meaning of paragraph (1)(B)) in- NATED.—Section 2119(c) of the Public Health enue Code of 1986 is amended by striking curred in the proceeding; and Service Act (42 U.S.C. 300aa–19(c)) is amended ‘‘October 18, 2000’’ and inserting ‘‘the effec- ‘‘(C) the petitioner provides documentation by striking ‘‘not less often than four times tive date of the Improved Vaccine Afford- verifying the expenditure of the amount for per year and’’. ability and Availability Act’’. which compensation is sought.’’. SEC. 214. CLARIFICATION OF STANDARDS OF RE- SEC. 219. ONGOING REVIEW OF CHILDHOOD VAC- SEC. 211. PROCEDURE FOR PAYING ATTORNEYS’ SPONSIBILITY. CINE DATA. FEES. (a) GENERAL RULE.—Section 2122(a) of the Part C of title XXI of the Public Health Section 2115(e) of the Public Health Serv- Public Health Service Act (42 U.S.C. 300aa– Service Act (42 U.S.C. 300a–25 et seq.) is ice Act (42 U.S.C. 300aa–15(e)), as amended by 22(a)) is amended by striking ‘‘and (e) State amended by adding at the end the following:

VerDate Mar 15 2010 20:48 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00088 Fmt 4637 Sfmt 0634 E:\2002SENATE\S21MR2.REC S21MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 21, 2002 CONGRESSIONAL RECORD — SENATE S2281 ‘‘SEC. 2129. ONGOING REVIEW OF CHILDHOOD three women will be raped in her life- able. The DNA evidence collected, VACCINE DATA. time. In my home State of Washington when cross-referenced with the CODIS ‘‘(a) IN GENERAL.—Not later than 6 months the number of sexual assaults is even was databank matched that of a con- after the date of enactment of this section, the Secretary shall enter into a contract higher. According to the Washington victed serial rapist Jeffrey Paul with the Institute of Medicine of the Na- State Office of Crime Victims Advo- McKechnie, the ‘‘I–5 Rapist.,’’ resulting tional Academy of Science under which the cacy 38 percent of women in my State in his conviction for the crime. Institute shall conduct an ongoing, com- have been sexually assaulted. This is This bill is a reasonable and nec- prehensive review of new scientific data on unacceptable. essary step that needs to be taken to childhood vaccines (according to priorities Debbie Smith, is a native of Roa- address the backlog of DNA samples agreed upon from time to time by the Sec- noke, VA, who was brutally raped in from rape cases across the country, and retary and the Institute of Medicine). the woods behind her house in March to broaden the use of the SANE pro- ‘‘(b) REPORTS.—Not later than 3 years after the date on which the contract is entered 1989. Six years later, because evidence gram to improve and standardize the into under paragraph (1), the Institute of had been properly preserved, her assail- collection of forensic evidence while Medicine shall submit to the Secretary a re- ant’s DNA profile was cross-referenced also addressing the physical and psy- port on the findings of studies conducted, in- with the Virginia DNA Databank and chological needs of the victim. This cluding findings as to any adverse events as- was found to match the DNA of a cur- bill makes sure that we can catch the sociated with childhood vaccines, including rent prison inmate. He was convicted next Jeffrey Paul McKechnie and make conclusions concerning causation of adverse of the rape and was sentenced to two our streets safer. I look forward to events by such vaccines, together with rec- life terms plus 25 years. Debbie Smith working with my colleagues to pass ommendations for changes in the Vaccine In- jury Table, and other appropriate rec- has since become a national spokes- this bill and get the necessary funding ommendations, based on such findings and person on the importance of collecting to address the DNA backlog in this conclusions. and analyzing DNA samples. critical area once and for all. ‘‘(c) FAILURE TO ENTER INTO CONTRACT.—If As Debbie Smith and women in my the Secretary and the Institute of Medicine State have come to know collecting, By Mr. NELSON of Florida (for are unable to enter into the contract de- analyzing, and entering this critical himself and Mrs. CARNAHAN): scribed in paragraph (1), the Secretary shall DNA information evidence into the S. 2056. A bill to ensure the independ- enter into a contract with another qualified Combined DNA System, CODIS, data- ence of accounting firms that provide nongovernmental scientific organization for base is often the key to finding and auditing services to publicly traded the purposes described in paragraphs (1) and companies and of executives, audit (2). convicting a sexual assailant and stop- ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— ping him from attacking again. Unfor- committees, and financial compensa- To carry out this section, there are author- tunately, many jurisdictions through- tion committees of such companies, ized to be appropriated such sums as may be out the country do not have the fund- and for other purposes; to the Com- necessary for each of fiscal years 2003, 2004, ing for this simple, yet vital process. mittee on Banking, Housing, and 2005 and 2006.’’. Consequently, crime scene kits go Urban Affairs. SEC. 220. PENDING ACTIONS. unanalyzed and valuable DNA informa- Mr. NELSON of Florida. Mr. Presi- The amendments made by this title shall tion is lost forever. dent, I rise today to introduce the In- apply to all actions or proceedings pending Today, over 20,000 DNA samples are tegrity in Auditing Act. I am intro- on or after the date of enactment of this Act. sitting useless in storage. These sam- ducing this bill with my colleague from SEC. 221. REPORT. ples could be holding the clues needed the Commerce Committee, Senator Not later than 1 year after the date of en- JEAN CARNAHAN of Missouri. This legis- actment of this Act, the Secretary of Health to solve crimes, or even to track a se- and Human Services shall submit rec- rial rapist. This means 20,000 women lation presents a comprehensive ap- ommendations regarding how to address the who had the courage to report their proach to securities reform as a key growing surplus in the Vaccine Trust Fund, rape may never find the peace of mind element in protecting America’s share- and the rationale for such recommendations of someone knowing their assailant has holders and consumers in our capitalist to— been caught. system. We look forward to the Com- (1) the Health, Education, Labor and Pen- By authorizing funding to carry out merce Committee’s Subcommittee on sions Committee of the Senate; analyses on crime scenes samples and Consumer Affairs, Foreign Commerce (2) the Finance Committee of the Senate; cross-reference DNA evidence with and Tourism hearings in April on these (3) the Energy and Commerce Committee of the House of Representatives; and crime databanks, this bill provides law issues. (4) the Ways and Means Committee of the enforcement with the tools necessary I am focusing my review of the Enron House of Representatives. for an effective and successful criminal collapse on institutional investors, like investigation. State pension funds representing the By Ms. CANTWELL: The bill also provides grants to guaranteed retirement plans of our po- S. 2055. A bill to make grants to train broaden the use of the Sexual Assault lice officers, firefighters, teachers, and sexual assault nurse examiners, law en- Nurse Examiners program. The SANE other State and local workers. The forcement personnel, and first respond- program provides nurses and first re- Florida Pension Fund took a bath from ers in the handling of sexual assault sponders with specific training so that investing in Enron, and it cost my cases, to establish minimum standards critical forensic evidence is thoroughly State plenty. I want to protect the tax- for forensic evidence collection kits, to collected and documented and that sex- payers and prevent large losses in our carry out DNA analyses of samples ual assault survivors are treated with public pension systems in the future. from crime scenes, and for other pur- professional care in a confidential and The legislation I am introducing poses; to the Committee on the Judici- sensitive environment. SANE nurses today addresses the safety nets in- ary. can make the difference to women fac- tended to protect investors like State Ms. CANTWELL. Mr. President, I ing one of the most difficult events of pension funds against abuses. The In- rise today to introduce the Debbie their lives. And, SANE nurses can tegrity in Auditing Act prohibits audi- Smith Act, a bill to provide law en- make the difference in sending valu- tors from providing any nonaudit serv- forcement the tools to track and con- able information to crime laboratories ices to their audit clients. The bill al- vict sexual assailants, and to help en- rather than improperly collected evi- lows auditors to perform tax-con- sure that rape survivors are provided dence that is impossible to analyze. sulting services with the approval of a prompt treatment that also provides In 1995, a young woman at home in company’s Audit Committee. Addition- the dignity and respect they deserve. Olympia, WA, was raped at gunpoint. ally, the bill prohibits outside account- This bill addresses a serious problem in At St. Peter Hospital later that night, ants from working in a management this country, the huge DNA backlog she said the SANE nurses who col- job for a client company for 1 year. and uneven processing of DNA evidence lected DNA evidence after the assault These key provisions, essential to any in rape cases. ‘‘made [her] feel at ease, more con- reform effort, are similar to those According to the Department of Jus- fident, and more comfortable.’’ The found in other bills including a bill in- tice, somewhere in America, a woman SANE nurses’ training in proper evi- troduced by my colleagues, Senators is raped every two minutes. One in dence collection proved equally valu- CORZINE and DODD.

VerDate Mar 15 2010 20:48 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00089 Fmt 4637 Sfmt 0634 E:\2002SENATE\S21MR2.REC S21MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2282 CONGRESSIONAL RECORD — SENATE March 21, 2002 The legislation adds additional safe- Mrs. CARNAHAN. Mr. President, trust the financial information pro- guards for the investing public, includ- today my friend, Senator NELSON of vided by companies. Let me briefly ing State pension funds. The bill re- Florida, and I are introducing impor- summarize how this legislation estab- quires that companies rotate their out- tant legislation to restore account- lishes the independence of auditors. side auditors every 7 years. The com- ability to the accounting industry. The First, it prohibits audit firms from pro- pany can continue its relationship with Integrity in Auditing Act will help viding non-audit services to their cli- the auditing firm through nonaudit cli- renew Americans’ confidence in our fi- ents. An exception is made if the cli- ent services. nancial markets. Investors rely on the ent’s Audit Committee believes it is in The Enron collapse poses a challenge financial information that is provided the best interest of the shareholders to to us in designing a system of cor- by companies and certified by inde- also receive tax services consulting porate governance that secures better pendent auditors. This legislation is from the audit firm. But it will prevent financial disclosure for the future. In designed to make sure that these audi- companies from engaging in extremely my view the best response to Arthur tors are truly independent. lucrative management consulting or Andersen’s precarious state is to make Over the course of the last few technology consulting contracts with sure our efforts to reform the profes- months, I have been looking into the the auditors who ought to be providing sion enables the auditing profession to devastating events related to the col- unbiased assessments of the companies’ continue their needed work in our cap- lapse of the Enron Corporation. As a financial health. ital markets with the potential loss of member of both the Governmental Af- Second, this legislation requires that one big player. The legislation I intro- fairs Committee and the Commerce every seven years a company rotate duce today strives to meet that objec- Committee, I have participated in nu- the firm that performs its independent tive. merous hearings on this matter. We audit. Arthur Levitt, the former chair- In addition to protecting the integ- have heard testimony from many ex- man of the Securities and Exchange rity of the auditing process, this legis- perts about the different things that Commission made it very clear why lation recognizes that independent di- went wrong at Enron. The shareholders such rotation is important. In his testi- rectors should effectively monitor were failed by many parties who were mony before the Senate Banking Com- management behavior and represent supposed to be looking out for their in- mittee he proposed that audit firms the interests of the shareholder. The terests: the company executives, the ought to be rotated in order ‘‘to ensure Council of Institutional Investors and board of directors, the Government that fresh and skeptical eyes are al- others have called for auditor and watchdogs, and certainly, the account- ways looking at the numbers.’’ board independence. Accordingly, the ants who certified that Enron’s finan- This legislation will also close the re- Integrity in Auditing Act requires en- cial statements were accurate. volving door that could compromise hanced disclosure of director links to But, this is not just about Enron. independent auditors. It prohibits out- companies. This is about the disturbing number of side accountants from working, in a The bill requires that a company dis- restatements that firms have filed in management capacity, for a client close, with every filing, any board of recent years. It is no longer uncommon company for a period of 1 year. This director relationship, familial, profes- for a company to say that profits they simple restriction will ensure that sional, financial, to the company. This previously touted were actually ficti- shareholders, and not company man- legislation also requires that all Audit tious. This is absolutely unacceptable. agement, remain an auditor’s primary and Compensation Committee mem- And to the extent that inaccurate ac- concern. bers must be independent directors. counting can be eliminated by remov- In the interest of providing full infor- We should be clear that the Securi- ing any conflicts of interest that are mation to investors, our legislation ties and Exchange Commission impose preventing better audits, Congress also requires that any connections be- a swift and serious approach to improv- must act quickly to do so. tween the company and a member of ing our corporate governance systems. Let me be clear, that I have the deep- the board of directors be fully dis- This bill includes a sense of the Senate est respect for the many accountants closed, whether those connections are that the SEC should take a tough en- in this country who are extremely hard familial, financial, or professional. It forcement approach, including crimi- working and honest. This legislation is also prohibits any directors who have nal prosecutions, if warranted. not meant to impugn individual ac- such potential conflicts of interest One of the biggest casualties of countants or the accounting industry. from serving on the board’s audit or Enron’s bankruptcy filing is the grow- Rather, it will improve this industry. compensation committees. ing lack of confidence and trust by con- The Integrity in Auditing Act will en- Lastly, this legislation would express sumers, employees, and investors in sure that accountants can do their jobs the sense of the Senate that the Secu- the financial statements of companies. with the highest professionalism, free rities and Exchange Commission ought Willful blindness of companies leads to from any pressures to overlook sus- to take a tough approach to the en- fuzzy disclosures. Cozy relationships picious bookkeeping by their clients. forcement of securities laws. among company executives, its audi- The reforms we propose today are ur- America has the most vibrant and tors and board of directors, money gent and in the interest of all Ameri- dynamic economy in the world. The managers, Wall Street analysts, law- cans. Auditors who simply rubber foundation of our economy is our cap- yers, and others, cry out for reform. stamp questionable financial reports ital markets, which are robust and re- Our public institutional investors like for their clients do a tremendous dis- silient. But the success of these mar- state pension funds deserve no less. service to all investors. If they prevent kets depends on the free flow of accu- Mr. President, I recently read Teddy true and accurate information from rate, reliable information. Our markets Roosevelt’s 1902 annual message to coming to light, auditors endanger the are the envy of the world because of Congress. Our 26th President was hard earned savings of working Ameri- the confidence investors have in the known as a Trust Buster. He told the cans. Many parents are investing private and public institutions that truth about our free enterprise system. money every year to pay for the col- produce, verify, and analyze this infor- He said ‘‘We can do nothing of good in lege expenses of their children. Many mation. the way of regulating corporations workers are saving for their golden The legislation we are introducing until we fix clearly in our minds that years in 401(k) plans or other retire- today will improve our markets. It will we are not attacking corporations; we ment accounts. Young couples, saving restore public confidence in auditors. are merely determined that they shall to buy their first homes, often put And it frees accountants from any in- be so handled as to serve the public money into mutual funds or money appropriate conflicts of interest. I en- good. We draw the line against mis- market accounts. All of these investors courage my colleagues to support this conduct, not against wealth.’’ are entitled to accurate information so bill. We can all learn from history as we that they can make wise decisions proceed to find thoughtful and appro- about their savings. By Mrs. LINCOLN (for herself, priate ways to reform our securities This legislation is an important step Mr. BREAUX, and Mr. ROCKE- laws on behalf of the public. toward ensuring that investors can FELLER):

VerDate Mar 15 2010 20:48 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00090 Fmt 4637 Sfmt 0634 E:\2002SENATE\S21MR2.REC S21MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 21, 2002 CONGRESSIONAL RECORD — SENATE S2283 S. 2058. A bill to replace the caseload Specifically, States receive half credit duced this legislation that meets the reduction credit with an employment for people who work part time and pro- day-to-day needs of seniors and the credit under the program of block rate to full time, and they receive full long-range needs of our Nation. grants to States for temporary assist- credit for people that they are able to The Alzheimer’s Disease Research, ance for needy families, and for other move into work by supplying child care Prevention, and Care meets seniors’ purposes; to the Committee on Fi- and transportation assistance. In addi- day-to-day needs by reauthorizing the nance. tion, people who are deemed severely Alzheimer’s Demonstration Grant Pro- Mrs. LINCOLN. Mr. President, I rise and permanently disabled during the gram. The purpose of the program is to today to introduce the ‘‘Making Work year are excluded from the State’s develop and replicate innovative ways Pay Act of 2002.’’ A companion bill is work participation requirement, so to provide care to Alzheimer’s patients being introduced in the House by Rep- that states aren’t penalized for failing that are traditionally hard to reach or resentative SANDY LEVIN of Michigan. I to engage these disabled people in undeserved. These grants enable States worked with Mr. LEVIN to reform the work. to provide support services like home welfare program in 1996, and I am The ‘‘Making Work Pay Act of 2002’’ care, respite care, and day care to Alz- proud and honored to work with him is supported by the American Public heimer’s patients and their families. again in this next phase of welfare re- Human Services Association, which This legislation expands the Alz- form. played a fundamental role in helping us heimer’s Demonstration Program by I am also proud to be joined today by develop this bill. I thank them for their authorizing the funding needed to sup- Senator BREAUX of Louisana and Sen- support and urge my colleagues to use port these outstanding programs in ator ROCKEFELLER of West Virginia. As them as a resource in assessing the every State. members of the Finance Committee needs of their states. I also urge my In my own State of Maryland, Alz- and representatives of rural States colleagues to support this legislation heimer’s Demonstration grants have with similar challenges, we all share as a necessary first step into the next been used to train workers at nursing the goal of ensuring that States have phase of welfare reform, to move be- homes and assisted living facilities to the resources and the flexibility they yond ‘‘work first’’ to ‘‘making work care for people with dementia. This need to continue moving people from pay.’’ training means that Alzheimer’s pa- welfare to work. tients will get high quality care when The welfare reform bill President By Ms. MIKULSKI (for herself, they leave their homes and enter a Clinton signed into law in 1996 has been Mr. KENNEDY, Mr. HUTCHINSON, nursing home. And it means that fami- a success. Nationally, welfare rolls and Mr. DODD): lies can rest assured that their mom or have dropped by 52 percent. Over the S. 2059. A bill to amend the Public dad is safe and in good hands. last 5 years, enrollment in Arkansas’ Health Service Act to provide for Alz- This legislation also meets the long welfare program has dropped by 43 per- heimer’s disease research and dem- term needs of our aging Nation by ex- cent. onstration grants; to the Committee on panding and directing Alzheimer’s dis- In 1996, we fundamentally changed Health, Education, Labor, and Pen- ease research at the National Institute welfare from an entitlement program sions. on Aging. to temporary assistance, a move which Ms. MIKULSKI. Mr. President, I rise Our best shot at curbing the number has allowed many needy families to to introduce the Alzheimer’s Disease of families who suffer from Alzheimer’s achieve a liberating measure of self- Research, Prevention, and Care Act of disease is to find ways to prevent it be- sufficiency. Our message then was 2002. I am pleased that Senator KEN- fore it starts. This bill authorizes the ‘‘work first.’’ Today, people are work- NEDY and Senator HUTCHINSON are join- Alzheimer’s Disease Prevention Initia- ing. Now our message should be ‘‘make ing me as original cosponsors of this tive. The National Institute on Aging work pay.’’ To do this, we need to help legislation. This bill expands and di- is currently conducting seven preven- people get good paying jobs by pro- rects Alzheimer’s disease research at tion trials. The Alzheimer’s Disease viding the support services like child the National Institutes of Health Research, Prevention, and Care Act care and transportation that are abso- (NIH), and expands and reauthorizes supports the National Institute on lutely essential to keeping those jobs. the Alzheimer’s Demonstration Grant Aging’s Prevention Initiative and di- We have rewarded States for moving Program. This important legislation rects the Institute to focus its efforts people off welfare. Unfortunately, that gets behind our Nation’s families, both on identifying possible ways to prevent tends to ignore the important question in the lab and in the community. Alzheimer’s and conducting clinical of what happens after they leave wel- Alzheimer’s disease is a devastating trials to test their effectiveness. fare. What we need to do now is find illness. Four million Americans includ- Clinical trials can involve millions of ways to reward States for placing peo- ing one in 10 people over age 65 and dollars, tens of thousands of partici- ple into good jobs and helping them nearly half of those over 85, have Alz- pants, and years or even decades. This with vital work support services such heimer’s disease. The total annual Cost bill establishes an Alzheimer’s Disease as child care and transportation. These of Alzheimer’s care in the United Cooperative Study Group to improve services are particularly vital in States States today is at least $100 billion. and enhance the National Institute on like Arkansas, where good child care is As our population ages and baby- Aging’s ability to conduct several large scarce and public transportation barely boomers become seniors, Alzheimer’s scale, complex clinical trials simulta- exists. disease will take an even greater toll. neously. Promising therapies should The legislation we introduce today Unless science finds a way to prevent not have to wait to be tested until cur- measures State performance along the or cure Alzheimer’s disease, 14 million rent trials are complete and resources entire continuum from welfare to people in the United States will have are made available. This legislation au- work. It gives credit to States for pro- Alzheimer’s disease by the year 2050. thorizes a national consortium for co- viding work-support services and short- The race to find a cure is more urgent operative clinical research at the Na- term emergency assistance, which pre- than ever. tional Institute on Aging to improve vent people from ever needing welfare But these statistics do not begin to the existing clinical trial infrastruc- benefits in the first place. Current law tell the story of what Alzheimer’s ture, develop novel approaches to de- and President Bush’s welfare re-au- means to families. My dear father suf- sign these clinical trials, and make it thorization proposal give no credit to fered from Alzheimer’s disease. My easier to enroll patients. States for these efforts, thus discour- family and I watched him die one brain This bill directs the National Insti- aging the use of these highly effective cell at a time. I know the pain that pa- tute on Aging, in consultation with welfare-to-work methods. tients and families go through when other relevant institutes, to conduct My legislation revises how work par- Alzheimer’s disease strikes. research on the early diagnosis and de- ticipation rates are calculated to bet- I believe that honor thy mother and tection of Alzheimer’s disease. As ter fit post-reform welfare programs father is not only a good command- promising therapies become available and more accurately measure the level ment to live by, it is also a good policy that can delay the progression of Alz- of work activity among those served. to govern by. That’s why I have intro- heimer’s, new technologies are needed

VerDate Mar 15 2010 20:48 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00091 Fmt 4637 Sfmt 0634 E:\2002SENATE\S21MR2.REC S21MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2284 CONGRESSIONAL RECORD — SENATE March 21, 2002 to detect and diagnose the disease be- and vascular disease and the development of sonally, has described him as, ‘‘an icon fore its symptoms strike. new diagnostic technologies. to what service in the armed forces is There is still much that is not known Your legislation will also reauthorize a all about.’’ highly successful Alzheimer demonstration about the causes of Alzheimer’s dis- program at the Administration on Aging Sadly, in July of 2000, Frank Miller ease. In the last few years, for example, (AoA). These state grant projects dem- passed away in Florida. He is survived scientists have found that in stroke pa- onstrate how existing public and private re- by his three children, Joshua, Melia, tients who later develop Alzheimer’s sources within states may be more effec- and Danielle, and his brother, Walter, disease, their dementia will worsen tively coordinated and utilized to enhance who also is a retired Command Ser- much more quickly than in Alz- educational needs and service delivery sys- geant Major of the Army’s Special heimer’s patients who have never had a tems for persons with Alzheimer’s, their Forces. families and caregivers. In addition, AoA has Frank Miller dedicated his life to stroke. This bill directs the National also identified ‘‘best practices’’ among the Institute on Aging to study this con- projects and disseminated information on serving our country. He cared deeply nection between vascular disease and successful innovative approaches. The dem- for the soldiers he led in combat, even Alzheimer’s disease. Finding answers onstration program has fostered collabora- to the very risk of his own life above to questions about this connection will tions between Alzheimer’s Association chap- and beyond the call of duty. He put his open new doors for researchers to ex- ters and state aging and mental health agen- fellow veterans above all else in his ef- plore promising ways to prevent and cies, public health departments, private forts to keep our nation’s promise to treat Alzheimer’s disease. foundations, universities, physicians and care for those who put America above managed care organizations, as well as more self and bore the pain of battle. He was This legislation establishes a re- than 300 local community agencies. search program at the National Insti- On behalf the 4 million Americans with a loving father and brother, a true sol- tute on Aging on ways to help care- Alzheimer’s disease, I thank you for your ef- dier’s soldier, and a fellow American givers of patients with Alzheimer’s dis- forts to support research and programs for whose life impacted many people. ease. Family caregiving comes at enor- these individuals and the family members Frank Miller’s life should be remem- mous physical, emotional, and finan- who care for them. We look forward to con- bered and appropriately commemo- cial sacrifice, which puts the whole tinuing to work with you and your staff on rated. I hope to help honor his life by this important legislation. introducing legislation to name the system at risk. Three of four caregivers Sincerely, Florida Veterans Affairs Regional Of- are women. One in eight Alzheimer STEPHEN MCCONNELL, caregivers becomes ill or injured as a Interim President and CEO. fice in honor of Command Sergeant direct result of caregiving, and older Major, Retired, Franklin D. Miller. I caregivers are three times more likely By Mr. NELSON of Florida (for ask unanimous consent that the text of to become clinically depressed than himself and Mr. GRAHAM): this bill be printed in the RECORD. others in their age group. Research is S. 2060 A bill to name the Depart- There being no objection, the bill was needed to find better ways to help care- ment of Veterans Affairs Regional Of- ordered to be printed in the RECORD, as givers bear this tremendous, at times fice in St. Petersburg, Florida, after follows: overwhelming responsibility. Franklin D. Miller; to the Committee S. 2060 Finally, this legislation increases the on Veterans’ Affairs. Be it enacted by the Senate and House of Rep- funding authorized for the National In- Mr. NELSON of Florida. Mr. Presi- resentatives of the United States of America in stitute on Aging to $1.5 billion in fiscal dent, I am honored to introduce legis- Congress assembled, year 2003. Investments we make now in lation to name the Department of Vet- SECTION 1. DESIGNATION OF DEPARTMENT OF Alzheimer’s Disease and aging research erans Affairs, VA, Regional Office in VETERANS AFFAIRS REGIONAL OF- St. Petersburg, FL, after Command FICE IN ST. PETERSBURG, FLORIDA. mean longer, healthier lives for all of (a) FINDINGS.—Congress makes the fol- us. If science can help us delay the Sergeant Major Franklin D. Miller, lowing findings: onset of Alzheimer’s by even 5 years, it United States Army, Retired. (1) In recognition of conspicuous and meri- would save this country billions of dol- Frank Miller faithfully served our torious duty in the Army, Franklin D. Miller lars—and would improve the lives of country as a soldier for thirty years was awarded the Medal of Honor, the Silver millions of families. from 1962 until his retirement in 1992. Star, two Bronze Stars, the Air Medal, and I look forward to working with my During much of that time, Frank Mil- six Purple Hearts. ler served in Army Special Forces (2) Upon retiring from the Army, Franklin colleagues to pass this important legis- D. Miller worked for the Department of Vet- lation that gets behind our nation’s units, including four tours in the Re- public of Vietnam. Frank Miller’s com- erans Affairs at the Department of Veterans families. I ask unanimous consent that Affairs Regional Office in St. Petersburg, a letter of support from the Alz- bat decorations include the Congres- Florida, thereby continuing to serve his heimer’s Association be printed in the sional Medal of Honor, the Silver Star, country and his fellow veterans. RECORD. two Bronze Stars, the Air Medal, and (3) Franklin D. Miller remained active in There being no objection, the letter six Purple Hearts. He received the support of the Armed Forces and the foreign was ordered to be printed in the Medal of Honor for his bravery in bat- policy of the United States by making speeches, participating in the activities of RECORD, as follows: tle in 1971, when, despite his own severe wounds, he single-handedly overcame civic organizations and schools, and sup- March 21, 2002. four enemy attacks and safely evacu- porting special forces units, and by being Hon. BARBARA MIKULSKI, both a role model for all Americans and a U.S. Senate, Hart Senate Office Building, ated the surviving members of his pa- true American hero. Washington, DC. trol. (b) DESIGNATION OF BUILDING.—The build- DEAR SENATOR MIKULSKI: On behalf of the Upon Frank Miller’s retirement from ing housing the Regional Office of the De- Alzheimer’s Association, I am writing to the Army in 1992, with the U.S. Army’s partment of Veterans Affairs in St. Peters- strongly support your legislation, the Alz- highest enlisted rank of Command Ser- burg, Florida, is hereby designated as the heimer’s Disease Research, Prevention and geant Major, he continued to serve his ‘‘Franklin D. Miller Department of Veterans Care Act of 2002. I congratulate you on your community, country and fellow vet- Affairs Regional Office Building’’. Any ref- continued leadership on issues important to erans as a benefits counselor for the erence to that building in any law, regula- older Americans as well as issues important tion, map, document, record, or other paper to individuals with Alzheimer’s disease. Department of Veterans Affairs Re- of the United States shall be considered to be Right now, 14 million Americans—most of gional Office in St. Petersburg, FL. a reference to the Franklin D. Miller Depart- them babyboomers—are living with a death Frank Miller remained very active in ment of Veterans Affairs Regional Office sentence of Alzheimer’s disease. For most of support of our veterans, the Armed Building. them, the process that will destroy their Forces, and America’s interest around (c) MEMORIAL ACTIVITIES.—(1) The Sec- brain cells has already started. We have to the world. He was frequently invited to retary of Veterans Affairs shall, on the date act now, or it will be too late to save them. speak to groups around the country, of the first celebration of Memorial Day that Your legislation will support ongoing efforts sharing his experiences with others and occurs after the date of the enactment of at the National Institute on Aging to find a this Act, provide for an appropriate cere- way to prevent and cure this disease. We are serving as an example of honor, self- mony at the building designated by sub- particularly pleased that your bill places an sacrifice, and dedication. Former Joint section (b) to honor Franklin D. Miller and emphasis on promising areas of research, in- Chiefs of Staff, General Henry H. to commemorate the designation of the cluding the connection between Alzheimer’s Shelton, who knew Frank Miller per- building after Franklin D. Miller.

VerDate Mar 15 2010 20:48 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00092 Fmt 4637 Sfmt 0634 E:\2002SENATE\S21MR2.REC S21MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 21, 2002 CONGRESSIONAL RECORD — SENATE S2285 (2) The Secretary shall provide for the per- First Responders vary widely across Finally, the bill removes the risk of manent display of an appropriate copy of the the United States, with even the best litigation that currently discourages Medal of Honor citation of Franklin D. Mil- prepared States and localities lacking the donation of fire equipment to vol- ler in the lobby of the building designated by crucial resources and expertise. Many subsection (b). unteer fire departments. As we have areas have little or no ability to cope discovered in the last several years, By Mr. BOND: or respond to the consequences and volunteer fire departments are under- S. 2061. A bill to establish a national aftermath of a terrorist attack, espe- funded, leaving the firefighters with response to terrorism, a national urban cially ones that use weapons of mass the desire and will to assist their com- search and rescue task force program destruction, including biological or munities to fight fires and respond to to ensure local capability to respond to chemical toxins or nuclear radioactive local emergencies but without the nec- the threat and aftermath of terrorist weapons. essary equipment or training that is so activities and other emergencies, and The recommended commitment of critical to the success of their profes- for other purposes; to the Committee funding in the President’s Budget is sion. We have started providing needed on Environment and Public Works. only the first step. There also needs to funding for these departments though be a comprehensive approach that iden- Mr. BOND. Mr. President, I rise the Fire Act Grant program at FEMA. tifies and meets state and local First today to introduce the National Re- However, more needs to be done and Responder needs, both rural and urban, sponse to Terrorism and Consequence this legislation is intended to facilitate pursuant to federal leadership, bench- Management Act of 2002. This bill is de- the donation of used, but useful, equip- marks and guidelines. signed to take a few of the very impor- This legislation is intended to move ment to these volunteer fire depart- tant steps necessary to put in place a the Federal Government forward in de- ments. national policy and plan for responding veloping that comprehensive approach I urge my colleagues to support this to the consequences and aftermath of with regard to the consequence man- legislation. acts of terrorism, including acts in- agement of acts of terrorism. The bill I ask unanimous consent that a sum- volving weapons of mass destruction. establishes in FEMA an office for co- mary of the bill be printed in the The cowardly terrorist attacks on ordinating the federal, state and local RECORD. September 11 on the Pentagon, the capacity to respond to the aftermath There being no objection, the sum- World Trade Center and Pennsylvania and consequences of acts of terrorism. mary was ordered to be printed in the is one of the saddest days in the his- This essentially represents a beginning RECORD, as follows: tory of our Nation. However, I can per- statutory structure for the existing Of- NATIONAL RESPONSE TO TERRORISM AND CON- sonally attest that the spirit of the fice of National Preparedness within SEQUENCE MANAGEMENT ACT OF 2002—SUM- American people has never been FEMA as the responsibilities in this MARY OF LEGISLATION stronger or more caring. Last month, I legislation are consistent with many of TITLE I. CAPACITY BUILDING FOR URBAN SEARCH visited ground zero, I talked with sur- the actions of that office currently. AND RESCUE TASK FORCES vivors as well as many of the heroic This bill also provides FEMA with the This title may be cited as the ‘‘National men and women who continue to re- authority to make grants of technical Urban Search and Rescue Task Force Assist- build from our losses in the aftermath assistance to states to develop the ca- ance Act of 2002.’’ of this terrible tragedy. I have never pacity and coordination of resources to Sec. 102. Statement of Findings and Pur- pose. The purpose of this act is to provide been more touched or more proud of respond to acts of terrorism. In addi- our Nation’s ability to stand tall, and the needed funds, equipment and training to tion, the bill authorizes $100 million for ensure that all urban search and rescue task to stand unbowed. states to operate fire and safety pro- forces have the full capability to respond to While the President has advanced a grams as a step to further build the ca- all emergency search and rescue needs aris- plan since September 11 which the Con- pacity of fire departments to respond ing from any disaster, including acts of ter- gress has begun to fund, there is still to local emergencies as well as the rorism involving a weapon of mass destruc- much work to be accomplished before often larger problems posed by acts of tion. we have in place the necessary protec- terrorism. America’s firefighters are, Sec. 104. Assistance. Requires no less than tion and capacities to respond to both with the police and emergency medical $1.5 million annually for the operational costs of each urban search and rescue task the threat of acts of terrorism and the technicians, the backbone of our Na- consequences of such acts. In par- forces. Authorizes additional grants for (1) tion and the first line of defense in re- operational costs in excess of the $1.5 mil- ticular, we need a statutory structure sponding to the consequences of acts of lion; (2) the cost of equipment; (3) the cost of that will enable the various agencies of terrorism. equipment needed to allow a task force to both the states and the Federal Gov- The legislation also formally recog- operate in an environment contaminated by ernment to coordinate and build a Fed- nizes and funds the urban search and weapons of mass of destruction, including eral, State and local capacity to fully rescue task force response system at chemical, biological, and nuclear/radioactive respond to acts of terrorism, including $160 million in fiscal year 2002. The Na- contaminants; (4) the cost of training; (5) the acts involving weapons of mass de- tion currently is served by 28 urban cost of transportation; (6) the cost of task struction. search and rescue task forces which force expansion; (7) the cost of Incident Sup- We must do more to ensure that port Teams, including the cost to conduct proved to be a key resource in our Na- appropriate task force readiness evaluations; states and localities have the needed tion’s ability to quickly respond to the and (8) the cost of making task forces capa- resources, training and equipment to tragedy of September 11. In addition, ble of responding to international disasters, respond to threats and acts of ter- Missouri is the proud home of one of including acts of terrorism. rorism and the consequences of such these urban search and rescue task Requires FEMA to prioritize all funding to acts. In response, the President is pro- forces, Missouri Task Force 1. Missouri ensure that all urban search and rescue task posing to fund FEMA at an unprece- Task Force 1 made a tremendous dif- forces have the capacity, including all need- dented $3.5 billion for FY 2003 as a fur- ference in helping the victims of the ed equipment and training, to deploy two ther downpayment to ensure that the horrific tragedy at the World Trade separate task forces simultaneously from each sponsoring agency. Nation will not be caught unaware Center as well as assisting to minimize Sec. 106. Technical Assistance for Coordi- again by a cowardly act of terrorism the aftermath of this tragedy. These nation. Allows FEMA to award no more than and is fully capable of responding to task forces are underfunded and under- four percent of the funds for technical assist- both the threat and consequence of any equipped, but, nontheless, are com- ance to allow urban search and rescue task act of terrorism. mitted to be the front-line soldiers for forces to coordinate with other agencies and These FEMA funds are targeted to our local governments in responding to organizations, including career and volun- states and localities and are intended the worst consequences of terrorism at teer fire departments, to meet state and to create a safety net of First Respond- the local level. I believe we have an ob- local disasters, including acts of terrorism ers with firefighters, law enforcement involving the use of a weapon of mass de- ligation to realize fully the capacity of struction including chemical, biological, and officers and emergency medical per- these 28 search and rescue task forces nuclear/radioactive weapons. sonnel at its heart. Despite the re- to meet First Responder events and Sec. 107. Additional Task Forces. Allows sponse to September 11, the current ca- this legislation authorizes the needed FEMA to establish additional urban search pacity of our communities and our funding. and rescue teams pursuant to a finding of

VerDate Mar 15 2010 20:48 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00093 Fmt 4637 Sfmt 0634 E:\2002SENATE\S21MR2.REC S21MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2286 CONGRESSIONAL RECORD — SENATE March 21, 2002 need. No additional urban search and rescue By Mr. MCCAIN (for himself, Mr. Institute’s assistance to review imple- teams may be designated or funded until the SMITH of New Hampshire, Mr. mentation of the Nation’s fundamental first 28 teams are fully funded and able to de- JEFFORDS, and Mr. INOUYE): environmental law, the National Envi- ploy simultaneously two task forces from S. 2064. A bill to reauthorize the ronmental Policy Act, to assess how it each sponsoring agency with all necessary equipment, training and transportation. United States Institute for Environ- can be improved using collaborative Sec. 108. Performance of Services. Incor- mental Conflict Resolution, and for processes. porates section 306 of the Stafford Act to other purposes: to the Committee on Currently, the Institute is involved allow FEMA to incur any additional obliga- Environment and Public Works. in more than 20 cases and many more tions as determined necessary by FEMA, Mr. MCCAIN. Mr. President, I rise to are pending consideration. The Insti- such as the cost of temporary employment, introduce legislation to continue Fed- tute accomplishes its work by main- workmen compensation, insurance, and eral support for the U.S. Institute for taining a national roster of 180 envi- other compensation for work-related injuries Environmental Conflict Resolution. I ronmental mediators and facilitators consistent with memorandums of under- am pleased to be joined by my col- located in 39 States. We believe that standing agreed to between FEMA and the mediators should be involved in the ge- task forces. leagues, Senators BOB SMITH, JIM JEF- Sec. 109. Authorization of Appropriations. FORDS, and DANIEL K. INOUYE. ographic area of the dispute whenever Authorizes $160 million to be appropriated The Congress enacted legislation to possible and that system is working. for fiscal year 2002. establish the U.S. Institute for Envi- The demand on the Institute’s assist- ance has been much greater than an- TITLE II. PROMOTE THE CONTRIBUTION OF ronmental Conflict Resolution in 1998, EQUIPMENT TO VOLUNTEER FIREFIGHTING DE- with the purpose of offering an alter- ticipated. At the time the Institute PARTMENTS native to litigation for parties in dis- was created, we did not anticipate the This title may be cited as the ‘‘Good Sa- pute over environmental conflicts. As magnitude of the role it would serve to maritan Volunteer Firefighter Assistance we know, many environmental con- the Federal Government. The Institute Act of 2002.’’ flicts often result in lengthy and costly has served as a mediator between agen- Sec. 202. Removal of Civil Liability Bar- court proceedings and may take years cies and as an advisor to agency dis- riers that Discourage the Donation of Fire to resolve. In cases involving Federal pute resolution efforts involving over- Equipment to Volunteer Fire Companies. Re- Government agencies, the costs for lapping or competing jurisdictions and moves liability for civil damages under any court proceeding are usually paid for mandates, developing long-term solu- state or federal law for any entity or person by taxpayers. While litigation is still a tions, training personnel in consensus- who donates equipment to a volunteer fire building efforts, and designing internal department, except where (1) the person’s act recourse to resolve disputes, the Con- or omission proximately causing the injury, gress recognized the need for alter- systems for preventing or resolving dis- damage, loss, or death constitutes gross neg- natives, such as mediation and facili- putes. ligence or intentional misconduct; or (2) the tated collaboration, to address the ris- Unfortunately, experience has also person is the manufacturer of the fire con- ing number of environmental conflicts taught us that most Federal agencies trol or fire rescue equipment. Requires the that have clogged Federal courts, exec- are limited from participating because State to designate its State Fire Marshall or utive agencies, and the Congress. of inadequate funds to pay for medi- equivalent person to certify the safety and The Institute was placed at the Mor- ation services. This legislation will au- usefulness of the fire control or fire rescue thorize a participation fund to be used equipment that is being donated. ris K. Udall Foundation in recognition of former Representative Morris K. to support meaningful participation of TITLE III. ESTABLISHMENT OF COORDINATION parties to Federal environmental dis- OFFICE WITHIN FEMA Udall from Arizona and his exceptional environmental record, as well as his putes. The participation fund will pro- Sec. 301. Establishment of Coordination Of- vide matching funds to stakeholders fice for Responding to Acts of Terrorism. Re- unusual ability to build a consensus among fractious and even hostile inter- who cannot otherwise afford mediation quires FEMA to establish or designate an of- fees or costs of providing technical as- ests. The Institute was established as fice within FEMA to coordinate the response sistance. of State and local agencies, including fire de- an experiment with the idea that hid- In addition to creating this new par- partments, hospitals, and emergency med- den within fractured environmental de- ticipation fund, this legislation simply ical facilities, to acts of terrorism, including bates lay the seeds for many agree- the capacity to provide assistance in an envi- extends the authorization for the Insti- ments, an approach applied by Mo tute for an additional 5 years with a ronment with chemical, biological, or nu- Udall with unsurpassed ability. clear/radiological contamination. modest increase in its operation budg- The success of the Institute is far Authorizes FEMA to make grants to pro- et. The proposed increase is in response greater than we could have imagined. vide technical assistance and coordinating to the overwhelming demand on the In- funding to States to ensure that localities, The Institute began operations in 1999 stitute’s services, an investment that fire departments, hospitals and other appro- and has already provided assistance to will ultimately benefit taxpayers by priate entities have the capacity to respond parties in more than 100 environmental preventing costly litigation. to the consequences of possible acts of ter- conflicts across 30 States. On February 11, 2002, the Arizona rorism, including the capacity to provide as- Agencies from the Environmental sistance in an environment with chemical, Daily Star included an editorial that Protection Agency, the Departments of recognizes the benefits of this Institute biological, or nuclear/radiological contami- Interior and Agriculture, the U.S. nation. to resolving environmental conflicts Authorizes FEMA to award grants to Navy, the Army Corps of Engineers, faced by various parties, including Fed- states to operate new and existing state fire the Federal Highway Administration, eral and non-Federal parties, and rec- and safety training programs for firefighting the Federal Energy Regulatory Com- ommends continuing support for the personnel. mission, and others have all called Institute. I ask unanimous consent Requires FEMA to establish a task force upon the Institute for assistance. Even that a copy of this editorial be printed among Federal agencies for the coordination the Federal courts are referring cases in the RECORD. of Federal, State and local resources to de- to the Institute for mediation, includ- There being no objection, the edi- velop a national response plan for responding ing such high profile cases as the man- to acts of terrorism, including the capacity torial was ordered to be printed in the to provide assistance in an environment with agement of endangered salmon RECORD, as follows: chemical, biological, or nuclear/radiological throughout the Columbia River Basin [From the Arizona Daily Star, Feb. 11, 2002] contamination. in the Northwest. AN EFFECTIVE AGENCY Limits administrative costs for states to 5 The Institute also assisted in facili- One of the little-known gems in Tucson is percent. tating interagency teamwork for the one of the few federal agencies, if not the Authorizes FEMA to use such sums as nec- Everglades Task Force which oversees only one, with headquarters outside of the essary from the Disaster Relief Fund to meet the South Everglades Restoration Washington, D.C. area—the Institute for En- the requirements of this title, including no Project. The U.S. Forest Service re- vironmental conflict Resolution. less than $100 million for grants to support quested assistance to bring ranchers With a name like that, the institute clear- State fire and safety training programs. Re- ly is not a tourist attraction. What makes it quires at least 20 percent of the funds award- and environmental advocates in the a gem is that it is proving to be remarkably ed State fire and safety training programs to southwest to work on grazing and envi- successful at finding solutions to environ- be used to assist fire departments with an ronmental compliance issues. Even mental conflicts that otherwise likely would annual budget of no more than $25,000. Members of Congress have sought the end in lawsuits.

VerDate Mar 15 2010 20:48 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00094 Fmt 4637 Sfmt 0634 E:\2002SENATE\S21MR2.REC S21MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 21, 2002 CONGRESSIONAL RECORD — SENATE S2287 The institute is an arm of the Morris K. S. 2064 out any questions about jurisdiction Duall Foundation. It was proposed by Sen- Be it enacted by the Senate and House of Rep- within their agreed-upon framework. ator John McCain and created by Congress in resentatives of the United States of America in With respect to Federal officials deal- 1998. Very few people then realized what Congress assembled, ing with the tribe and the State, how- McCain apparently did—there was a great SECTION 1. SHORT TITLE. ever, this arrangement could create need for such an agency. This Act may be cited as the ‘‘Environ- Terrence Bracy, chair of the Board of mental Policy and Conflict Resolution Ad- some uncertainty. Because it could be Trustees for the foundation, says the insti- vancement Act of 2002’’. argued that it prevents the tribe from tute expected to handle perhaps 20 to 25 SEC. 2. ENVIRONMENTAL DISPUTE RESOLUTION exercising authority that may be dele- cases per year. The institute handled 60 last FUND. gated to any Indian tribe under the year and expects to handle even more this Section 13 of the Morris K. Udall Scholar- Clean Air Act. year. ship and Excellence in National Environ- Instead of placing the Environmental Says Bracy: ‘‘We didn’t know how big the mental and Native American Public Policy market was. We didn’t know whether it Act of 1992 (20 U.S.C. 5609) is amended by Protection Agency in the middle of a would work.’’ But work it has. striking subsection (b) and inserting the fol- controversy about whether it is au- Now, the institute’s original funding will lowing: thorized to delegate Clean Air Act pro- expire their McCain is expected to introduce ‘‘(b) ENVIRONMENTAL DISPUTE RESOLUTION grams within the Southern Ute Indian a bill to reauthorizing the funding probably FUND.—There is authorized to be appro- Reservation, the tribe and the State at the current level. priated to the Environmental Dispute Reso- signed a historic ‘‘Intergovernmental It’s a good idea, and it would help if Arizo- lution Fund established by section 10 na’s other congressional delegates, espe- $4,000,000 for each of fiscal years 2004 through Agreement’’ to resolve any controversy cially Jim Kolbe and Ed Paster, who both 2008, of which— between the Southern Ute Indian Tribe represent Southern Arizona, and Senator ‘‘(1) $3,000,000 shall be used to pay oper- and the State of Colorado. John Kyl, joined McCain in seeking the fund- ations costs (including not more than $1,000 In this way, the State and the tribe ing. for official reception and representation ex- have once again agreed that it is better Bracy knows that the federal government penses); and for them to control their own destiny has an immediate stake in mediation. That ‘‘(2) $1,000,000 shall be used for grants or by reaching an accord they can both is because many of the cases being mediated other appropriate arrangements to pay the involved governmental agencies, either as costs of services provided in a neutral man- live with rather than putting their fate agencies potentially being used or as agen- ner relating to, and to support the participa- in the hands of bureaucrats and judges. cies suing others. tion of non-Federal entities (such as State I applaud the proactive spirit which led A Unique aspect of the institute’s work is and local governments, tribal governments, the tribe and the State to resolve a po- that because it is a federal agency, it has nongovernmental organizations, and individ- tential controversy before a problem or status and credibility with other government uals) in, environmental conflict resolution conflict even arose. agencies and with the courts. That makes its proceedings involving Federal agencies.’’. The program established by the medication efforts even more effective. The institute has had contracts with the By Mr. CAMPBELL (for himself agreement reflects the unique issues Navy, Fish and Wildlife, the Bureau of Rec- and Mr. ALLARD): and context that brought the tribe and lamation, the National Parks Service, the S. 2065. A bill to provide for the im- the State to the negotiating table. Department of Transportation, the Environ- plementation of air quality programs First, consistent with Congress’ man- mental Protection Agency and others, ac- developed pursuant to an Intergovern- date in the Clean Air Act, the Tribe cording to Barcy. mental Agreement between the South- will be the entity responsible for ad- ‘‘What happens over time,’’ Bracy says, ‘‘is ministering Clean Air Act programs we see this thing this tremendous need.’’ He ern Ute Indian Tribes and the State of is right. Colorado concerning Air Quality Con- within the reservation boundaries. The Tucsonans should recognize what a gem trol on the Southern Ute Indian Res- tribal program administrators have they have in their midst. And Arizonas con- ervation, and for other purposes; to the complete access to the State’s tech- gressional delegation should get firmly be- Committee on Environment and Public nical resources and personnel. Second, hind McCain’s efforts to reauthorize the Works. an equal number of tribal and State funding for the Institute for Environmental Mr. CAMPBELL. Mr. President, I am representatives will sit on the Commis- Conflict Resolution. pleased to introduce the Southern Ute sion established by the agreement. It is a government program that even the most anti-government conservatives should and Colorado Intergovernmental The Commission is authorized to love. Agreement Implementation Act of 2002. hear and decide any appealable deci- As my colleagues know, successful Mr. MCCAIN. Nothing is more indic- sions. The Commission will also set the environmental laws recognize that pace for tribal applications for delega- ative of the support for the Institute local implementation is almost always than the cosponsorship of my two col- tions of authority. Finally, the agree- better than a ‘‘one size fits all’’ pro- ment seeks to make the Federal courts leagues, Senator SMITH and Senator gram run from Washington, DC. For JEFFORDS, the chairman and ranking available to hear any challenges to de- example, the Federal Clean Air Act au- cisions by the Commission. member of the Senate Environment thorizes States and Indian tribes to be- and Public Works Committee, which I am aware of the number of complex come responsible for establishing im- issues raised by this historic agree- has jurisdiction over most environ- plementation plans, designating air mental matters before the Congress. I ment, and efforts are already underway quality standards, and implementing to address and resolve some of these thank Senator SMITH and Senator JEF- many of the regulatory programs need- FORDS for their critical support, and I issues. I believe it is the right time to ed to maintain or improve air quality. introduce a bill to allow the appro- look forward to working with them to With respect to the Southern Ute In- priate committee to begin to formally enact this important, bipartisan legis- dian Reservation in my State of Colo- consider this proposal. I know the par- lation. rado, however, there is some question ties will continue to direct their efforts This is a matter of some urgency as about whether the Environmental Pro- at bringing this important matter to a the existing authorization will expire tection Agency, EPA, can delegate successful conclusion. in this fiscal year. I look forward to Clean Air Act jurisdiction to the working with the cosponsors of this Southern Ute Tribe in the same man- In closing, let me again commend the legislation and the rest of my col- ner that it would delegate authority to efforts of both the tribe and the State leagues to move this bill forward expe- any other Indian tribe. in negotiating and signing this historic ditiously to ensure continuing support In 1984 Congress ratified a jurisdic- agreement. I would ask unanimous for the valuable services of the U.S. In- tion and boundary agreement between consent that a letter from Colorado stitute for Environmental Conflict Res- the Southern Ute Indian Tribe and the Governor Bill Owens be printed in the olution to our Nation. State of Colorado. Approving this RECORD. Finally, I am pleased that I ask unanimous consent that the agreement spared both sides the exor- Senator WAYNE ALLARD joins with me text of the bill be printed in the bitant costs of going to court to fight in the views expressed in this state- RECORD. over the jurisdictional status of each ment and in cosponsoring this bill. There being no objection, the bill was square inch on the Reservation. There being no objection, the letter ordered to be printed in the RECORD, as In addition, the 1994 arrangement al- was ordered to be printed in the follows: lows the tribe and the State to work RECORD, as follows:

VerDate Mar 15 2010 20:48 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00095 Fmt 4637 Sfmt 0634 E:\2002SENATE\S21MR2.REC S21MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2288 CONGRESSIONAL RECORD — SENATE March 21, 2002 STATE OF COLORADO, sion will establish air quality standards. The STATEMENTS ON SUBMITTED Denver, CO, May 22, 2000. Tribe will receive a delegation of authority RESOLUTIONS Re: Intergovernmental Agreement between from EPA to administer the air quality pro- the State of Colorado and the Southern grams, but the delegation is contingent upon Ute Indian Tribe Regarding Air Quality and shall last only so long as the Agreement SENATE RESOLUTION 231—REL- regulation. and Commission are in place. ATIVE TO THE DEATH OF THE Hon. BEN NIGHTHORSE CAMPBELL, HONORABLE HERMAN E. TAL- TRIBAL AND STATE LEGISLATION Russell Senate Office Building, MADGE, FORMERLY A SENATOR Washington, DC. DEAR SENATOR CAMPBELL: On December 13, The Agreement provided for legislation by FROM THE STATE OF GEORGIA 1999 I signed an historic agreement between both the Tribe and the State approving the Mr. DASCHLE (for himself, Mr. Agreement and enacting substantive law the State of Colorado and the Southern Ute LOTT, Mr. CLELAND, and Mr. MILLER) necessary to carry out the Agreement’s pro- Indian Tribe in which the State and the submitted the following resolution; Tribe agreed to establish a single, coopera- visions. On January 18, 2000, the Tribe adopt- which was considered and agreed to: tive air quality authority for all lands with- ed its legislation. On March 15, 2000, I signed in the Southern Ute Reservation. This coop- HB 1324, which adopted and codified the S. RES. 231 erative arrangement, negotiated by Attorney Agreement and HB 1325, which established Resolved, That the Senate has heard General Salazar, my office and the Colorado the State’s authority to establish the Com- with profound sorrow and deep regret Department of Public Health and Environ- mission and otherwise implement the Agree- the announcement of the death of the ment (‘‘CDPHE’’), is the first of its kind in Honorable Herman E. Talmadge, for- the United States between a state and a ment. merly a Senator from the State of tribe to regulate air quality. Because the ar- FEDERAL LEGISLATION rangement is unique, statutory authority or Georgia. clarification is needed at both the State and The Agreement envisions a delegation by Resolved, That the Secretary of the federal levels to accommodate the agree- the EPA to the Tribe to administer Clean Senate communicate these resolutions ment. The General Assembly sent to me a Air Act programs, contingent upon the exist- to the House of Representatives and bill to accomplish the changes necessary at ence of the Joint State/Tribal Commission. transmit an enrolled copy thereof to the State level that I signed into law on This is a unique arrangement and is not the family of the deceased. March 15, 2000. I am writing today to ask you clearly specified within the Clean Air Act. Resolved, That when the Senate ad- to sponsor legislation achieving a clarifica- Parties have argued to me that clarifying tion to existing federal law assuring that the journs today, it stand adjourned as a agreement in its contemplated framework legislation by Congress is necessary to re- further mark of respect to the memory can move forward. I have attached a draft of solve any uncertainty about the EPA’s of the deceased Senator. the legislation we believe is needed to clarify power to delegate authority to run an air f that the agreement can work as well as a pollution program to the Tribe and for the copy of the intergovernmental agreement Commission to act under such a delegation. SENATE RESOLUTION 230—EX- signed in December. The Commission also will set the standards PRESSING THE SENSE OF THE BACKGROUND and rules of the air quality program that the SENATE THAT CONGRESS As you know, the Southern Ute Indian Tribe will administer. The Commission will SHOULD REJECT REDUCTIONS IN Tribe’s Reservation consists of approxi- serve as the administrative appellate review GUARANTEED SOCIAL SECURITY mately 681,000 acres, located mainly in La body for enforcement and other administra- BENEFITS PROPOSED BY THE Plata County. The Reservation is a checker- tive actions. The Agreement provides that PRESIDENT’S COMMISSION TO board of land ownership. About 308,000 sur- the Commission’s final review is final agency STRENGTHEN SOCIAL SECURITY face acres are held in trust by the United action, and further judicial review would be States for the benefit of the Tribe (‘‘trust Mr. CORZINE (for himself and Mr. lands.’’) The remaining 3780,000 surface acres in the federal courts. The existence of such LIEBERMAN) submitted the following are owned in fee by non-Indians or individual federal jurisdiction should also be clarified resolution; which was referred to the Tribal members (‘‘fee lands’’), or consist of by Congress. Committee on Finance: national forest land. In 1984, Congress en- Enclosed is a draft of the proposed federal S. RES. 230 acted Public Law 98–290, which confirmed the legislation and a legislative history for your exterior boundaries of the Reservation. P.L. Whereas Social Security was designed as a review. These draft documents would accom- 98–290 also clarified that the Tribe has juris- social insurance program to ensure that plish the limited but necessary changes to diction over the trust lands and Indians any- Americans who work hard and contribute to where in the Reservation, and the State has make the Agreement fully operational. The our Nation can live in dignity in their old jurisdiction over non-Indians on the fee bill is set up to add a section to P.L. 98–290 age; lands. to narrow the application of the revisions Whereas for 2⁄3 of seniors, Social Security Oil and natural gas production takes place only to the Southern Ute Indian Tribe and is their primary source of income, and for 1⁄3, throughout the Reservation. These facilities the State of Colorado, so that other states or Social Security is their only source of in- are stationary air pollution sources. Histori- tribes would not be affected. come; cally CDPHE’s Air Pollution Control Divi- Whereas in fiscal year 2001, the annual sion has issued permits to non-Indian owned NEXT STEPS level of Social Security benefits for retired sources located on fee lands. Recently, the workers averaged approximately $10,000; The full operation of the Agreement is con- Tribe petitioned EPA for the right to issue Whereas $10,000 per year is insufficient to all permits within the exterior boundaries of ditioned upon passage of federal legislation maintain a decent standard of living in most the Reservation including the facilities his- no later than December 13, 2001. I recognize parts of the country, especially for seniors torically regulated by the State of Colorado. that this may be difficult but from the with relatively high health care costs; In 1998, the EPA issued regulations imple- State’s perspective the sooner the Agree- Whereas in 2001, President George W. menting provisions of the Clean Air Act al- ment could be operational the better since Bush’s Commission to Strengthen Social Se- lowing Indian tribes to be treated in the EPA will be regulating the affected entities curity (referred to in this resolution as the same manner as States to administer certain until the Joint Commission and Tribe take ‘‘Commission’’) produced 3 proposals for So- cial Security reform that included individual air quality programs. In July 1998, the over. We would like to be helpful and I offer Southern Ute Tribe applied to the EPA for accounts and significant reductions in the a meeting between you and your staff and treatment as a state for all lands within the level of guaranteed benefits; representatives of the Governor’s Office, the Reservation. On the basis of PL 98–290, the Whereas the proposed changes to guaran- State objected, arguing that it had jurisdic- Colorado Department of Public Health and teed benefits could reduce benefits to future tion over the non-Indian sources on the fee Environment and the Colorado Attorney retirees by 45 percent; lands. General’s Office at your earliest convenience Whereas the Commission proposals also To avoid a potentially long and costly discuss this issue. suggested reducing benefits for early retir- fight in the federal courts about which gov- ees, forcing many Americans to delay retire- Thank you for taking the time to consider ernmental entity has jurisdiction over the ment; and this request. Please feel free to contact Britt fee lands, the Tribe and the State have now Whereas the Commission justified proposed agreed to establish a single, cooperative air Weygandt in my office for any assistance cuts in guaranteed benefits by pointing to quality authority for all lands within the you may need. Her extension is (303) 866–6392. long-term projected shortfalls in the Social Reservation. On December 13, 1999, the Tribe Sincerely, Security Trust Fund, however, the Commis- and the State entered into an Intergovern- BILL OWENS, sion’s proposals to divert payroll tax reve- mental Agreement (copy attached) which Governor. nues from the Trust Fund into private ac- provides that a joint Tribal/State Commis- counts would substantially accelerate the

VerDate Mar 15 2010 20:48 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00096 Fmt 4637 Sfmt 0634 E:\2002SENATE\S21MR2.REC S21MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 21, 2002 CONGRESSIONAL RECORD — SENATE S2289 date by which the Trust Fund would become accounts, the Commission would only DASCHLE (for himself and Mr. BINGAMAN) to insolvent: Now, therefore, be it accelerate the date by which the Fund the bill (S. 517) supra; which was ordered to Resolved, That it is the sense of the Senate would become insolvent. lie on the table. that Congress should reject the reductions in SA 3046. Mr. ROCKEFELLER submitted an guaranteed Social Security benefits proposed Proponents of privatizing Social Se- amendment intended to be proposed to by the President’s Commission to Strength- curity like to argue that the returns amendment SA 2917 proposed by Mr. en Social Security. for assets held in private accounts are DASCHLE (for himself and Mr. BINGAMAN) to Mr. CORZINE. Mr. President, today, likely to be high. That may be true for the bill (S. 517) supra; which was ordered to lie on the table. along with Senator LIEBERMAN, I am some fortunate seniors, but others will SA 3047. Mr. CRAIG submitted an amend- submitting a resolution expressing the suffer with the inevitable fluctuations in the market. In any case, we need to ment intended to be proposed to amendment sense of the Senate that Congress SA 2917 proposed by Mr. DASCHLE (for him- should reject the reductions in guaran- remember why we have Social Security self and Mr. BINGAMAN) to the bill (S. 517) teed Social Security benefits proposed in the first place, to provide a floor to supra; which was ordered to lie on the table. by the President’s Commission to ensure that seniors can live out their SA 3048. Mr. SMITH of Oregon submitted Strengthen Social Security. lives in dignity. The real question for an amendment intended to be proposed to The central purpose of Social Secu- the Congress is where to set that floor. amendment SA 2917 proposed by Mr. rity is to ensure that Americans who And, in my view, $10,000 a year for the DASCHLE (for himself and Mr. BINGAMAN) to the bill (S. 517) supra; which was ordered to work hard and contribute to our Na- average beneficiary is, if anything, too lie on the table. tion can maintain a decent standard of low. SA 3049. Mr. CRAIG proposed an amend- living in their old age. The program It is important to keep Social Secu- ment to amendment SA 3016 proposed by Mr. provides a critical safety net. Only 11 rity’s long-term problems in perspec- BINGAMAN to the amendment SA 2917 pro- percent of American seniors live in tive. According to estimates by the So- posed by Mr. DASCHLE (for himself and Mr. poverty, but without Social Security cial Security Administration, the BINGAMAN) to the bill (S. 517) supra. that figure would be 50 percent. present value of the Trust Fund’s un- SA 3050. Ms. LANDRIEU (for herself and Mr. KYL) proposed an amendment to amend- It is hard to overstate the impor- funded obligations amounts to $3.2 tril- ment SA 2917 proposed by Mr. DASCHLE (for tance of Social Security in protecting lion over the next 75 years. By con- himself and Mr. BINGAMAN) to the bill (S. 517) seniors’ retirement security. For two- trast, the 75 year cost of last year’s tax supra. thirds of the elderly, Social Security is cut, if made permanent, has been esti- SA 3051. Mr. FITZGERALD submitted an their major source of income. For one- mated to be $7.7 trillion. In other amendment intended to be proposed to third of the elderly, Social Security is words, the long-term cost of the tax amendment SA 2917 proposed by Mr. virtually their only source of income. cut is more than twice as large as the DASCHLE (for himself and Mr. BINGAMAN) to Despite its critical importance for the bill (S. 517) supra; which was ordered to long-term deficit in Social Security. lie on the table. seniors, the level of Social Security There is simply no excuse for making SA 3052. Mr. MURKOWSKI proposed an benefits generally is quite modest. In dramatic cuts in guaranteed Social Se- amendment to amendment SA 3016 proposed fiscal year 2001, the average benefit for curity benefits, as the President’s com- by Mr. BINGAMAN to the amendment SA 2917 retired workers was about $10,000 per mission has proposed. proposed by Mr. DASCHLE (for himself and year. This clearly is insufficient to So, I hope my colleagues will support Mr. BINGAMAN) to the bill (S. 517) supra. maintain a decent standard of living in this resolution and join in rejecting the SA 3053. Mr. GRASSLEY submitted an most parts of the country, especially amendment intended to be proposed to cuts in guaranteed benefits proposed by amendment SA 2917 proposed by Mr. for seniors with relatively high health President Bush’s commission. DASCHLE (for himself and Mr. BINGAMAN) to care costs. f the bill (S. 517) supra; which was ordered to Unfortunately, even the modest level lie on the table. of guaranteed benefits under current AMENDMENTS SUBMITTED AND SA 3054. Mr. GRASSLEY submitted an law is now at risk. Last year, the PROPOSED amendment intended to be proposed to President’s Commission to Strengthen SA 3040. Mr. REID (for Mr. DASCHLE (for amendment SA 2917 proposed by Mr. Social Security, appointed by Presi- himself and Mr. LEAHY)) proposed an amend- DASCHLE (for himself and Mr. BINGAMAN) to dent Bush to help promote his goal of ment to amendment SA 2917 proposed by Mr. the bill (S. 517) supra; which was ordered to DASCHLE (for himself and Mr. BINGAMAN) to lie on the table. partially privatizing Social Security, SA 3055. Mr. GRASSLEY submitted an the bill (S. 517) to authorize funding the De- proposed a set of options for changes in amendment intended to be proposed to partment of Energy to enhance its mission the program that included significant amendment SA 2917 proposed by Mr. areas through technology transfer and part- DASCHLE (for himself and Mr. BINGAMAN) to reductions in the level of guaranteed nerships for fiscal years 2002 through 2006, the bill (S. 517) supra; which was ordered to benefits. and for other purposes. The Commission’s report included a SA 3041. Mr. WYDEN (for himself, Mr. lie on the table. SA 3056. Mr. GRASSLEY submitted an proposal in which guaranteed benefit MURKOWSKI, Mr. BENNETT, and Mr. SMITH, of amendment intended to be proposed to Oregon) proposed an amendment to amend- levels would be reduced by changing amendment SA 2917 proposed by Mr. ment SA 2917 proposed by Mr. DASCHLE (for the way that benefits are adjusted over DASCHLE (for himself and Mr. BINGAMAN) to himself and Mr. BINGAMAN) to the bill (S. 517) time. The details of this change are the bill (S. 517) supra; which was ordered to supra. complicated, but the bottom line is lie on the table. SA 3042. Mr. ROCKEFELLER (for himself, not: compared to current law, the pro- SA 3057. Mr. KYL (for himself and Mr. Mrs. CARNAHAN, and Mr. BOND) submitted an HELMS) proposed an amendment to amend- posal could reduce the benefits pro- amendment intended to be proposed to vided to workers who retire in the fu- ment SA 3016 proposed by Mr. BINGAMAN to amendment SA 2917 proposed by Mr. the amendment SA 2917 proposed by Mr. ture by about 45 percent. The Commis- DASCHLE (for himself and Mr. BINGAMAN) to DASCHLE (for himself and Mr. BINGAMAN) to sion’s report also suggested changes the bill (S. 517) supra; which was ordered to the bill (S. 517) supra. that would reduce benefits for those lie on the table. SA 3058. Ms. COLLINS (for herself and Ms. who retire early, which could force SA 3043. Mr. ROCKEFELLER (for himself, SNOWE) proposed an amendment to amend- many Americans to delay their retire- Mr. ALLEN, Mr. SPECTER, and Mr. WARNER) ment SA 3016 proposed by Mr. BINGAMAN to submitted an amendment intended to be pro- ment. the amendment SA 2917 proposed by Mr. posed to amendment SA 2917 proposed by Mr. DASCHLE (for himself and Mr. BINGAMAN) to The Commission justified proposed DASCHLE (for himself and Mr. BINGAMAN) to cuts in guaranteed benefits by pointing the bill (S. 517) supra. the bill (S. 517) supra; which was ordered to SA 3059. Mr. BINGAMAN proposed an amend- to long-term projected shortfalls in the lie on the table. ment to amendment SA 2917 proposed by Mr. Social Security Trust Fund. And it is SA 3044. Mr. ROCKEFELLER (for himself, DASCHLE (for himself and Mr. BINGAMAN) to true that as the baby boomers begin to Mr. HAGEL, and Mr. NELSON of Nebraska) the bill (S. 517) supra. retire, they will put significant new de- submitted an amendment intended to be pro- SA 3060. Mr. BINGAMAN proposed an amend- mands on our budget. However, the posed to amendment SA 2917 proposed by Mr. ment to amendment SA 2917 proposed by Mr. Commission’s proposals for private ac- DASCHLE (for himself and Mr. BINGAMAN) to DASCHLE (for himself and Mr. BINGAMAN) to the bill (S. 517) supra; which was ordered to the bill (S. 517) supra. counts actually would make the Trust lie on the table. SA 3061. Mr. BINGAMAN proposed an amend- Fund’s financial problems worse. By SA 3045. Mr. ROCKEFELLER submitted an ment to amendment SA 2917 proposed by Mr. proposing to divert payroll tax reve- amendment intended to be proposed to DASCHLE (for himself and Mr. BINGAMAN) to nues from the Trust Fund into private amendment SA 2917 proposed by Mr. the bill (S. 517) supra.

VerDate Mar 15 2010 20:48 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00097 Fmt 4637 Sfmt 0634 E:\2002SENATE\S21MR2.REC S21MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2290 CONGRESSIONAL RECORD — SENATE March 21, 2002

SA 3062. Mr. BINGAMAN (for Ms. CANT- At the appropriate place, add the fol- ‘‘If vehicle inertia The 2000 model year WELL) proposed an amendment to amend- lowing: weight class is: city fuel efficiency ment SA 2917 proposed by Mr. DASCHLE (for SEC. . FAIR TREATMENT OF PRESIDENTIAL JU- is: himself and Mr. BINGAMAN) to the bill (S. 517) DICIAL NOMINEES. 5,500 lbs ...... 14.6 mpg supra. That it is the sense of the Senate that, in 6,000 lbs ...... 13.6 mpg SA 3063. Ms. CANTWELL proposed an the interests of the administration of jus- 6,500 lbs ...... 12.8 mpg amendment to amendment SA 2917 proposed tice, the Senate Judiciary Committee should 7,000 to 8,500 lbs ...... 12.0 mpg. by Mr. DASCHLE (for himself and Mr. BINGA- along with its other legislative and oversight ‘‘(B) ADMINISTRATOR.—The term ‘Adminis- MAN) to the bill (S. 517) supra. responsibilities, continue to hold regular trator’ means the Administrator of the Envi- SA 3064. Mr. BINGAMAN (for Ms. CANT- hearings on judicial nominees and should, in ronmental Protection Agency. WELL) proposed an amendment to amend- accordance with the precedents and practices ‘‘(C) ELECTRICAL STORAGE DEVICE.—The ment SA 2917 proposed by Mr. DASCHLE (for of the Committee, schedule hearings on the term ‘electrical storage device’ means an on- himself and Mr. BINGAMAN) to the bill (S. 517) nominees submitted by the President on May board rechargeable energy storage system or supra. 9, 2001, and resubmitted on September 5, 2001, similar storage device. SA 3065. Mr. BINGAMAN (for Ms. CANT- expeditiously. ‘‘(D) FUEL EFFICIENCY.—The term ‘fuel effi- WELL (for himself and Mr. SMITH of Oregon)) ciency’ means the percentage increased fuel proposed an amendment to amendment SA SA 3041. Mr. WYDEN (for himself, efficiency specified in table 1 in paragraph 2917 proposed by Mr. DASCHLE (for himself Mr. MURKOWSKI, Mr. BENNETT, and Mr. (2)(C) over the average 2000 model year city fuel efficiency of vehicles in the same weight and Mr. BINGAMAN) to the bill (S. 517) supra. SMITH of Oregon) proposed an amend- class. SA 3066. Mr. MURKOWSKI (for Mr. INHOFE) ment to amendment SA 2917 proposed proposed an amendment to amendment SA ‘‘(E) MAXIMUM AVAILABLE POWER.—The by Mr. DASCHLE (for himself and Mr. 2917 proposed by Mr. DASCHLE (for himself term ‘maximum available power’, with re- BINGAMAN) to the bill (S. 517) to au- and Mr. BINGAMAN) to the bill (S. 517) supra. spect to a new qualified hybrid motor vehicle that is a passenger vehicle or light truck, SA 3067. Mr. BINGAMAN (for Mr. BAYH) thorize funding the Department of En- means the quotient obtained by dividing— proposed an amendment to amendment SA ergy to enhance its mission areas ‘‘(i) the maximum power available from 2917 proposed by Mr. DASCHLE (for himself through technology transfer and part- the electrical storage device of the new and Mr. BINGAMAN) to the bill (S. 517) supra. nerships for fiscal years 2002 through qualified hybrid motor vehicle, during a SA 3068. Mr. BINGAMAN (for Mr. AKAKA) 2006, and for other purposes; as follows: standard 10-second pulse power or equivalent proposed an amendment to amendment SA On page 186, between lines 8 and 9, insert test; by 2917 proposed by Mr. DASCHLE (for himself the following: ‘‘(ii) the sum of— and Mr. BINGAMAN) to the bill (S. 517) supra. SEC. 8ll. CREDIT FOR HYBRID VEHICLES, DEDI- ‘‘(I) the maximum power described in SA 3069. Mr. BINGAMAN (for himself, and CATED ALTERNATIVE FUEL VEHI- clause (i); and Mr. MURKOWSKI) proposed an amendment to CLES, AND INFRASTRUCTURE. ‘‘(II) the net power of the internal combus- amendment SA 2917 proposed by Mr. Section 507 of the Energy Policy Act of tion or heat engine, as determined in accord- DASCHLE (for himself and Mr. BINGAMAN) to 1992 (42 U.S.C. 13258) is amended by adding at ance with standards established by the Soci- the bill (S. 517) supra. the end the following: ety of Automobile Engineers. SA 3070. Mr. GRAHAM proposed an amend- ‘‘(p) CREDITS FOR NEW QUALIFIED HYBRID ‘‘(F) MOTOR VEHICLE.—The term ‘motor ve- ment to amendment SA 2917 proposed by Mr. MOTOR VEHICLES.— hicle’ has the meaning given the term in sec- DASCHLE (for himself and Mr. BINGAMAN) to ‘‘(1) DEFINITIONS.—In this subsection: tion 216 of the Clean Air Act (42 U.S.C. 7550). the bill (S. 517) supra. ‘‘(A) 2000 MODEL YEAR CITY FUEL EFFI- ‘‘(G) NEW QUALIFIED HYBRID MOTOR VEHI- SA 3071. Mr. MURKOWSKI submitted an CIENCY.—The term ‘2000 model year city fuel CLE.—The term ‘new qualified hybrid motor amendment intended to be proposed to efficiency’, with respect to a motor vehicle, vehicle’ means a motor vehicle that— amendment SA 2917 proposed by Mr. means fuel efficiency determined in accord- ‘‘(i) draws propulsion energy from both— DASCHLE (for himself and Mr. BINGAMAN) to ance with the following tables: ‘‘(I) an internal combustion engine (or heat the bill (S. 517) supra; which was ordered to ‘‘(i) In the case of a passenger automobile: engine that uses combustible fuel); and ‘‘(II) an electrical storage device; lie on the table. ‘‘If vehicle inertia The 2000 model year ‘‘(ii) in the case of a passenger automobile SA 3072. Mr. DURBIN submitted an amend- weight class is: city fuel efficiency ment intended to be proposed to amendment is: or light truck— SA 2917 proposed by Mr. DASCHLE (for him- 1,500 or 1,750 lbs ...... 43.7 mpg ‘‘(I) in the case of a 2001 or later model ve- hicle, receives a certificate of conformity self and Mr. BINGAMAN) to the bill (S. 517) 2,000 lbs ...... 38.3 mpg under the Clean Air Act (42 U.S.C. 7401 et supra; which was ordered to lie on the table. 2,250 lbs ...... 34.1 mpg seq.) and produces emissions at a level that SA 3073. Mr. DURBIN submitted an amend- 2,500 lbs ...... 30.7 mpg ment intended to be proposed to amendment is at or below the standard established by a 2,750 lbs ...... 27.9 mpg qualifying California standard described in SA 2917 proposed by Mr. DASCHLE (for him- 3,000 lbs ...... 25.6 mpg section 243(e)(2) of the Clean Air Act (42 self and Mr. BINGAMAN) to the bill (S. 517) 3,500 lbs ...... 22.0 mpg U.S.C. 7583(e)(2)) for that make and model supra; which was ordered to lie on the table. 4,000 lbs ...... 19.3 mpg year; and SA 3074. Mr. DURBIN (for himself and Ms. 4,500 lbs ...... 17.2 mpg ‘‘(II) in the case of a 2004 or later model ve- COLLINS) submitted an amendment intended 5,000 lbs ...... 15.5 mpg hicle, is certified by the Administrator as to be proposed to amendment SA 2917 pro- 5,500 lbs ...... 14.1 mpg producing emissions at a level that is at or posed by Mr. DASCHLE (for himself and Mr. 6,000 lbs ...... 12.9 mpg below the level established for Bin 5 vehicles BINGAMAN) to the bill (S. 517) supra; which 6,500 lbs ...... 11.9 mpg in the Tier 2 regulations promulgated by the was ordered to lie on the table. 7,000 to 8,500 lbs ...... 11.1 mpg. Administrator under section 202(i) of the f ‘‘(ii) In the case of a light truck: Clean Air Act (42 U.S.C. 7521(i)) for that make and model year vehicle; and TEXT OF AMENDMENTS ‘‘If vehicle inertia The 2000 model year ‘‘(iii) employs a vehicle braking system weight class is: city fuel efficiency that recovers waste energy to charge an elec- is: SA 3040. Mr. REID (For Mr. DASCHLE) trical storage device. 1,500 or 1,750 lbs ...... 37.6 mpg (for himself and Mr. LEAHY) proposed ‘‘(H) VEHICLE INERTIA WEIGHT CLASS.—The an amendment to amendment SA 2917 2,000 lbs ...... 33.7 mpg term ‘vehicle inertia weight class’ has the 2,250 lbs ...... 30.6 mpg proposed by Mr. DASCHLE (for himself meaning given the term in regulations pro- 2,500 lbs ...... 28.0 mpg and Mr. BINGAMAN) to the bill (S. 517) mulgated by the Administrator for purposes 2,750 lbs ...... 25.9 mpg to authorize funding the Department of of the administration of title II of the Clean 3,000 lbs ...... 24.1 mpg Air Act (42 U.S.C. 7521 et seq.). Energy to enhance its mission areas 3,500 lbs ...... 21.3 mpg ‘‘(2) ALLOCATION.— through technology transfer and part- 4,000 lbs ...... 19.0 mpg ‘‘(A) IN GENERAL.—The Secretary shall al- nerships for fiscal years 2002 through 4,500 lbs ...... 17.3 mpg locate a partial credit to a fleet or covered 2006, and for other purposes; as follows: 5,000 lbs ...... 15.8 mpg person under this title if the fleet or person

VerDate Mar 15 2010 20:48 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00098 Fmt 4637 Sfmt 0634 E:\2002SENATE\S21MR2.REC S21MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 21, 2002 CONGRESSIONAL RECORD — SENATE S2291 acquires a new qualified hybrid motor vehi- erwise controls a fleet that is not covered by ‘‘SEC. 45K. ENERGY EFFICIENT VENDING MA- cle that is eligible to receive a credit under this title. CHINE CREDIT. each of the tables in subparagraph (C). ‘‘(3) MULTIPLE CREDITS FOR MEDIUM AND ‘‘(a) GENERAL RULE.—For purposes of sec- ‘‘(B) AMOUNT.—The amount of a partial HEAVY DUTY DEDICATED VEHICLES.—The Sec- tion 38, the energy efficient vending machine credit allocated under subparagraph (A) for a retary shall issue 2 full credits to a fleet or credit determined under this section for the vehicle described in that subparagraph shall covered person under this title if the fleet or taxable year is an amount equal to $75, mul- be equal to the sum of— person acquires a medium or heavy duty tiplied by the number of qualified energy ef- ‘‘(i) the partial credits determined under dedicated vehicle. ficient vending machines purchased by the table 1 in subparagraph (C); and ‘‘(4) USE OF CREDITS.—At the request of a taxpayer during the calendar year ending ‘‘(ii) the partial credits determined under fleet or covered person allocated a credit with or within the taxable year. table 2 in subparagraph (C). under this subsection, the Secretary shall, ‘‘(b) QUALIFIED ENERGY EFFICIENT VENDING ‘‘(C) TABLES.—The tables referred to in for the year in which the acquisition of the MACHINE.—For purposes of this section, the subparagraphs (A) and (B) are as follows: dedicated vehicle is made, treat that credit term ‘qualified energy efficient vending ma- Table 1 as the acquisition of 1 alternative fueled ve- chine’ means a refrigerated bottled or hicle that the fleet or covered person is re- ‘‘Partial credit for in- Amount of credit: canned beverage vending machine which— quired to acquire under this title. creased fuel effi- ‘‘(1) has a capacity of at least 500 bottles or ‘‘(5) LIMITATION.—Per vehicle credits ac- ciency: cans, and quired under this subsection shall not exceed At least 125% but less than 150% ‘‘(2) consumes not more than 8.66 kWh per the per vehicle credits allowed under this of 2000 model year city fuel effi- day of electricity based on ASHRAE Stand- section to a fleet for qualifying vehicles in ciency ...... 0.14 ard 32.1-1997. each of the weight categories (light, me- At least 150% but less than 175% ‘‘(c) VERIFICATION.—The taxpayer shall dium, or heavy duty). of 2000 model year city fuel effi- submit such information or certification as ciency ...... 0.21 ‘‘(r) CREDIT FOR SUBSTANTIAL INVESTMENT the Secretary determines necessary to claim At least 175% but less than 200% IN ALTERNATIVE FUEL INFRASTRUCTURE.— the credit amount under subsection (a). of 2000 model year city fuel effi- ‘‘(1) DEFINITIONS.—In this section, the term ‘‘(d) TERMINATION.—This section shall not ciency ...... 0.28 ‘qualifying infrastructure’ means— apply with respect to vending machines pur- At least 200% but less than 225% ‘‘(A) equipment required to refuel or re- chased in calendar years beginning after De- of 2000 model year city fuel effi- charge alternative fueled vehicles; cember 31, 2005.’’. ‘‘(B) facilities or equipment required to ciency ...... 0.35 (b) LIMITATION ON CARRYBACK.—Section At least 225% but less than 250% maintain, repair, or operate alternative 39(d) (relating to transition rules), as amend- of 2000 model year city fuel effi- fueled vehicles; ed by this Act, is amended by adding at the ciency ...... 0.50. ‘‘(C) training programs, educational mate- end the following new paragraph: rials, or other activities necessary to provide ‘‘(20) NO CARRYBACK OF ENERGY EFFICIENT Table 2 information regarding the operation, main- VENDING MACHINE CREDIT BEFORE EFFECTIVE ‘‘Partial credit for Amount of credit: tenance, or benefits associated with alter- DATE.—No portion of the unused business ‘Maximum Avail- native fueled vehicles; and credit for any taxable year which is attrib- able Power’: ‘‘(D) such other activities the Secretary utable to the energy efficient vending ma- At least 5% but less than 10% ...... 0.125 considers to constitute an appropriate ex- chine credit determined under section 45K At least 10% but less than 20% .... 0.250 penditure in support of the operation, main- may be carried to a taxable year ending be- At least 20% but less than 30% .... 0.375 tenance, or further widespread adoption of or fore January 1, 2003.’’. At least 30% or more ...... 0.500. utilization of alternative fueled vehicles. (c) CONFORMING AMENDMENT.—Section 38(b) ‘‘(2) ISSUANCE OF CREDITS.—The Secretary ‘‘(D) USE OF CREDITS.—At the request of a (relating to general business credit), as shall issue a credit to a fleet or covered per- fleet or covered person allocated a credit amended by this Act, is amended by striking son under this title for investment in quali- under this subsection, the Secretary shall, ‘‘plus’’ at the end of paragraph (22), by strik- fying infrastructure if the qualifying infra- for the year in which the acquisition of the ing the period at the end of paragraph (23) structure is open to the general public dur- qualified hybrid motor vehicle is made, treat and inserting ‘‘, plus’’, and by adding at the ing regular business hours. that credit as the acquisition of 1 alternative end the following new paragraph: ‘‘(3) AMOUNT.—For the purposes of credits fueled vehicle that the fleet or covered per- ‘‘(24) the energy efficient vending machine under this subsection— son is required to acquire under this title. credit determined under section 45K(a).’’. ‘‘(3) REGULATIONS.—The Secretary shall ‘‘(A) 1 credit shall be equal to a minimum (d) CLERICAL AMENDMENT.—The table of promulgate regulations under which any investment of $25,000 in cash or in kind serv- sections for subpart D of part IV of sub- Federal fleet that acquires a new qualified ices, as determined by the Secretary; and chapter A of chapter 1, as amended by this hybrid motor vehicle will receive partial ‘‘(B) except in the case of a Federal or Act, is amended by adding at the end the fol- credits determined under the tables con- State fleet, no part of the investment may be lowing new item: tained in paragraph (2)(C) for purposes of provided by Federal or State funds. meeting the requirements of section 303. ‘‘(4) USE OF CREDITS.—At the request of a ‘‘Sec. 45K. Energy efficient vending machine ‘‘(q) CREDIT FOR SUBSTANTIAL CONTRIBU- fleet or covered person allocated a credit credit.’’. TION TOWARDS USE OF DEDICATED VEHICLES IN under this subsection, the Secretary shall, (e) EFFECTIVE DATE.—The amendments NONCOVERED FLEETS.— for the year in which the investment is made by this section shall apply to taxable ‘‘(1) DEFINITIONS.—In this subsection: made, treat that credit as the acquisition of years beginning after December 31, 2002. ‘‘(A) DEDICATED VEHICLE.—The term ‘dedi- 1 alternative fueled vehicle that the fleet or cated vehicle’ includes— covered person is required to acquire under ‘‘(i) a light, medium, or heavy duty vehi- this title.’’. SA 3043. Mr. ROCKEFELLER (for cle; and himself, Mr. ALLEN, Mr. SPECTER, and ‘‘(ii) a neighborhood electric vehicle. SA 3042. Mr. ROCKEFELLER (for Mr. WARNER) submitted an amendment ‘‘(B) MEDIUM OR HEAVY DUTY VEHICLE.—The himself, Mrs. CARNAHAN, and Mr. BOND) intended to be proposed to amendment term ‘medium or heavy duty vehicle’ in- submitted an amendment intended to SA 2917 proposed by Mr. DASCHLE (for cludes a vehicle that— be proposed to amendment SA 2917 pro- himself and Mr. BINGAMAN) to the bill ‘‘(i) operates solely on alternative fuel; and posed by Mr. DASCHLE (for himself and ‘‘(ii)(I) in the case of a medium duty vehi- (S. 517) to authorize funding the De- cle, has a gross vehicle weight rating of more Mr. BINGAMAN) to the bill (S. 517) to au- partment of Energy to enhance its mis- than 8,500 pounds but not more than 14,000 thorize funding the Department of En- sion areas through technology transfer pounds; or ergy to enhance its mission areas and partnerships for fiscal years 2002 ‘‘(II) in the case of a heavy duty vehicle, through technology transfer and part- through 2006, and for other purposes; has a gross vehicle weight rating of more nerships for fiscal years 2002 through which was ordered to lie on the table; than 14,000 pounds. 2006, and for other purposes; which was as follows: ‘‘(C) SUBSTANTIAL CONTRIBUTION.—The ordered to lie on the table; as follows: term ‘substantial contribution’ (equal to 1 At the appropriate place insert the fol- full credit) means not less than $15,000 in At the appropriate place insert the fol- lowing: cash or in kind services, as determined by lowing: SEC. ll. CREDIT FOR RECYCLING CERTAIN the Secretary. SEC. ll. CREDIT FOR ENERGY EFFICIENT VEND- COAL COMBUSTION WASTE MATE- ‘‘(2) ISSUANCE OF CREDITS.—The Secretary ING MACHINES. RIALS. shall issue a credit to a fleet or covered per- (a) IN GENERAL.—Subpart D of part IV of (a) IN GENERAL.—Subpart D of part IV of son under this title if the fleet or person subchapter A of chapter 1 (relating to busi- subchapter A of chapter 1 (relating to busi- makes a substantial contribution toward the ness-related credits), as amended by this ness related credits), as amended by this Act, acquisition and use of dedicated vehicles by Act, is amended by adding at the end the fol- is amended by adding at the end the fol- a person that owns, operates, leases, or oth- lowing new section: lowing new section:

VerDate Mar 15 2010 20:48 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00099 Fmt 4637 Sfmt 0634 E:\2002SENATE\S21MR2.REC S21MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2292 CONGRESSIONAL RECORD — SENATE March 21, 2002 ‘‘SEC. 45K. CREDIT FOR RECYCLING CERTAIN ‘‘(B) 10 YEAR LIMIT.—A facility shall cease SA 3045. Mr. ROCKEFELLER sub- COAL COMBUSTION WASTE MATE- to be a qualifying facility on the date which mitted an amendment intended to be RIALS. is the tenth anniversary of the date on which proposed to amendment SA 2917 pro- ‘‘(a) ALLOWANCE OF CREDIT.—For purposes the facility was placed in service. of section 38, the credit for recycling certain posed by Mr. DASCHLE (for himself and ‘‘(5) DRY WEIGHT MEASUREMENT.—For pur- coal combustion waste materials used by the poses of paragraph (2)(A), dry weight shall be Mr. BINGAMAN) to the bill (S. 517) to au- taxpayer in qualifying production under this determined by excluding the weight of all thorize funding the Department of En- section for any taxable year is equal to the water in the materials used in the manufac- ergy to enhance its mission areas sum of— ture of the products. through technology transfer and part- ‘‘(1) $6.00 for each wet ton of— ‘‘(d) OTHER DEFINITIONS AND SPECIAL ‘‘(A) wet flue gas desulfurization sludge nerships for fiscal years 2002 through RULES.—For purposes of this section— cake, and 2006, and for other purposes; which was ‘‘(1) WET TON.—The term ‘wet ton’ shall ordered to lie on the table; as follows: ‘‘(B) any other wet waste material identi- mean the weight of the desulfurization fied by the Secretary of Energy, plus sludge cake (and any other wet waste mate- On page 557, between lines 23 and 24, insert ‘‘(2) $4.00 for each dry ton of— rial) after adjusting the water content of the the following: ‘‘(A) dry flue gas desulfurization and fluid- cake (and other wet waste material) to not (3) MINE SAFETY AND HEALTH ADMINISTRA- ized bed combustion waste material, and greater than 50 percent of the total weight. TION.— ‘‘(B) any other dry waste material identi- (A) IN GENERAL.—In compliance with the ‘‘(2) DRY TON.—The term ‘dry ton’ shall fied by the Secretary of Energy. mean the weight of the dry flue gas consultation requirement of subsection ‘‘(b) CERTAIN COAL COMBUSTION WASTE MA- desulfurization and fluidized bed combustion (a)(1), the Secretary of Labor shall— TERIALS DEFINED.—For purposes of this sec- waste material (and any other dry waste ma- (i) consider the impending and projected tion, the term ‘certain coal combustion retirements of those Federal mine inspectors waste materials’ means any solid waste ma- terial) after adjusting the water content of the material (and other dry waste material) who are employed as inspectors on the date terial generated using a sulfur dioxide emis- of enactment of this Act and the need to in- sion control system and derived from the to not greater than 2 percent of the total weight. crease the number of Federal mine inspec- combustion of coal in connection with the tors to expand the presence of such inspec- ‘‘(3) RELATED PERSONS.—Persons shall be generation of electricity or steam, includ- tors at mines in the United States; ing— treated as related to each other if such per- sons would be treated as a single employer (ii) establish and implement a program ‘‘(1) wet flue gas desulfurization sludge within the Mine Safety and Health Adminis- cake, under the regulations prescribed under sec- tion 52(b). tration to hire, train, and deploy such addi- ‘‘(2) dry flue gas desulfurization and fluid- tional skilled mine inspectors (particularly ‘‘(4) PASS-THROUGH IN THE CASE OF ESTATES ized bed combustion waste material, and inspectors with practical experience in min- ‘‘(3) any other coal combustion waste ma- AND TRUSTS.—Under regulations prescribed by the Secretary, rules similar to the rules ing or with experience as a practical mining terial identified by the Secretary of Energy engineer) as are necessary to ensure that as wet waste or dry waste material attrib- of subsection (d) of section 52 shall apply.’’. (b) CREDIT TREATED AS A BUSINESS CRED- skilled and experienced individuals continue utable to the use of a sulfur dioxide emission to be available to serve as Federal mine in- control system. IT.—Section 38(b), as amended by this Act, is amended by striking ‘‘plus’’ at the end of spectors; and ‘‘(c) QUALIFYING PRODUCTION.—For pur- (iii) maintain the number of Federal mine poses of this section— paragraph (22), by striking the period at the end of paragraph (23) and inserting ‘‘, plus’’, inspectors at a level that is not lower than ‘‘(1) IN GENERAL.—The term ‘qualifying the staffing levels authorized in law or set by production’ means the use of certain coal and by adding at the end the following new paragraph: regulation as of the date of enactment of combustion waste materials by the taxpayer this Act. as substantial raw materials in the manufac- ‘‘(24) the credit for recycling certain coal combustion waste materials determined (B) AUTHORIZATION OF APPROPRIATIONS.— ture of commercially saleable products There is authorized to be appropriated such which are— under section 45K(a).’’. (c) TRANSITIONAL RULE.—Section 39(d), as sums as may be necessary to carry out this ‘‘(A) manufactured in a qualifying facility, paragraph. ‘‘(B) sold by the taxpayer, and amended by this Act, is amended by adding ‘‘(C) not used in a landfill application. at the end the following new paragraph: ‘‘(20) NO CARRYBACK OF SECTION 45K CREDIT SA 3046. Mr. ROCKEFELLER sub- ‘‘(2) SUBSTANTIAL USE AND MANUFACTURING mitted an amendment intended to be REQUIREMENT.—Certain coal combustion BEFORE EFFECTIVE DATE.—No portion of the waste materials shall not be deemed to con- unused business credit for any taxable year proposed to amendment SA 2917 pro- stitute substantial raw materials used in the which is attributable to the credit for recy- posed by Mr. DASCHLE (for himself and manufacture of commercially saleable prod- cling certain coal combustion waste mate- Mr. BINGAMAN) to the bill (S. 517) to au- ucts unless such waste materials— rials determined under section 45K may be thorize funding the Department of En- ‘‘(A) constitute at least 35 percent of the carried back to a taxable year ending before ergy to enhance its mission areas January 1, 2002.’’. weight of the commercially saleable manu- through technology transfer and part- factured products, determined on a dry (d) CLERICAL AMENDMENT.—The table of sections for subpart D of part IV of sub- nerships for fiscal years 2002 through weight basis, and 2006, and for other purposes; which was ‘‘(B) undergo a physical and chemical chapter A of chapter 1, as amended by this change in the course of the manufacturing Act, is amended by adding at the end of the ordered to lie on the table; as follows: process. following new item: At the end, add the following: ‘‘(3) UNRELATED PERSON SALE OR USE RE- ‘‘Sec. 45K. Credit for recycling certain coal DIVISION ll—LOW-INCOME GASOLINE QUIREMENT.—The taxpayer shall not be combustion waste materials.’’. ASSISTANCE PROGRAM deemed to have engaged in qualifying pro- (e) EFFECTIVE DATE.—The amendments SEC. ll01. SHORT TITLE. duction with respect to certain coal combus- made by this section shall apply to taxable This division may be cited as the ‘‘Low-In- tion waste materials used in manufacturing years beginning after December 31, 2001. come Gasoline Assistance Program Act’’. a product until— SEC. ll02. PURPOSE. ‘‘(A) the taxable year in which the tax- SA 3044. Mr. ROCKEFELLER (for payer sells such product to an unrelated per- The purpose of this division is to create himself, Mr. HAGEL, and Mr. NELSON of new emergency assistance programs to assist son, or Nebraska) submitted an amendment in- ‘‘(B) if such product is sold to a related families receiving assistance under part A of person, the taxable year in which the related tended to be proposed to amendment title IV of the Social Security Act (42 U.S.C. person— SA 2917 proposed by Mr. DASCHLE (for 601 et seq.) and low-income working families ‘‘(i) resells such product to an unrelated himself and Mr. BINGAMAN) to the bill to meet the increasing price of gasoline. person, or (S. 517) to authorize funding the De- SEC. ll03. DEFINITIONS. ‘‘(ii) consumes or provides such product in partment of Energy to enhance its mis- In this division: the performance of services to an unrelated sion areas through technology transfer (1) COVERED ACTIVITIES.—The term ‘‘cov- person. and partnerships for fiscal years 2002 ered activities’’ means— ‘‘(4) QUALIFYING FACILITY.— through 2006, and for other purposes; (A) work activities; ‘‘(A) IN GENERAL.—The term ‘qualifying fa- (B) education directly related to employ- cility’ means a manufacturing facility which was ordered to lie on the table; ment; or which— as follows: (C) activities related to necessary sched- ‘‘(i) is located within the United States On page 117, line 8, strike ‘‘signals’’ and all uled medical treatment. (within the meaning of section 638(1)) or that follows through line 10, and insert ‘‘in- (2) GASOLINE.—The term ‘‘gasoline’’ has within a possession of the United States formation, and the meaning given the term in section 4082 of (within the meaning of section 638(2)), and ‘‘(2) which permits reading of energy usage the Internal Revenue Code of 1986. ‘‘(ii) is placed in service after December 31, information on at least a daily or time of use (3) HOUSEHOLD.—The term ‘‘household’’ has 2002. basis.’’ the meaning given the term in section 2603 of

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the Low-Income Home Energy Assistance ments of that part A that are applicable to (3) PERIOD.—An eligible household with an Act of 1981 (42 U.S.C. 8622). recipients of such assistance; application approved under section ll07 (4) POVERTY LEVEL; STATE MEDIAN INCOME.— (C) the household meets the eligibility re- may receive payments under this division for The terms ‘‘poverty level’’ and ‘‘State me- quirements of section 2605(b)(2)(A) of the not more than 3 months. The household may dian income’’ have the meanings given the Low-Income Home Energy Assistance Act of submit additional applications under section terms in section 2603 of the Low-Income 1981 (42 U.S.C. 8624(b)(2)(A)), other than ll07, and may receive payments under this Home Energy Assistance Act of 1981 (42 clause (i) of that section; or division for not more than 3 months for each U.S.C. 8622). (D) the household income for the household such application approved by the State. (5) SECRETARY.—The term ‘‘Secretary’’ does not exceed the greater of— (4) AMOUNT.—The State shall make the means the Secretary of Health and Human (i) an amount equal to 150 percent of the payments in amounts of not less than $25, Services. poverty level for the State involved; or and not more than $75, per month. The State (6) STATE.—The term ‘‘State’’ means each (ii) an amount equal to 60 percent of the may determine the amount of the payments of the several States, the District of Colum- State median income. on a sliding scale, taking into consideration bia, and the Commonwealth of Puerto Rico. (c) RULE.—For purposes of subsection the household income of the eligible house- (7) WORK ACTIVITIES.—The term ‘‘work ac- (b)(2)(D), a State— holds. tivities’’ has the meaning given that term in (1) may not exclude a household from eligi- (c) STATE ADMINISTRATION.—The State may section 407(d) of the Social Security Act (42 bility for a fiscal year solely on the basis of use not more than 10 percent of the funds de- U.S.C. 607(d)). household income if such income is less than scribed in subsection (b)(2) to pay for the SEC. ll04. EMERGENCY ASSISTANCE PRO- 110 percent of the poverty level for such cost of administering this division. GRAMS. State; but (d) DEFINITIONS.—In this section: The Secretary shall make grants to States, (2) may give priority to those households (1) COVERED GRADE.—The term ‘‘covered from allotments made under section ll05, with the highest gasoline costs or needs in grade’’ means the grade of gasoline deter- to enable the States to establish emergency relation to household income. mined under subsection (a)(1). assistance programs and to provide, through SEC. ll08. PROGRAM REQUIREMENTS. (2) RELEASE PRICE.—The term ‘‘release the programs, payments to eligible house- (a) DETERMINATION OF TRIGGER AMOUNT.— price’’ means the release price calculated holds to enable the households to purchase (1) DETERMINATION OF GASOLINE.—The Sec- under subsection (a)(4)(B). gasoline. retary of Health and Human Services, in con- (3) TRIGGER PRICE.—The term ‘‘trigger SEC. ll05. STATE ALLOTMENTS. sultation with the Secretary of Energy, shall price’’ means the trigger price calculated From the funds appropriated under section determine a grade of gasoline for which price under subsection (a)(4)(A). ll12 for a fiscal year and remaining after determinations will be made under this sub- SEC. ll09. TREATMENT OF BENEFITS. the reservation made in section ll11, the section, which shall be a type of gasoline (a) INCOME OR RESOURCES.—Notwith- Secretary shall allot to each State an that has a specified octane rating or other standing any other law, the value of any pay- amount that bears the same relation to such specified characteristic. ment provided under this division shall not remainder as the amount the State receives (2) DETERMINATION OF CALCULATION.—The be treated as income or resources for pur- under section 675B of the Community Serv- Secretary of Health and Human Services, in poses of— ices Block Grant Act (42 U.S.C. 9906) for that consultation with the Secretary of Energy, (1) any other Federal or federally assisted year bears to the amount all States receive shall determine a method for calculating the program that bases eligibility, or the under that section for that year. average per gallon price of the covered grade amount of benefits, on need; or SEC. ll06. STATE APPLICATIONS. of gasoline in each State. (2) the Internal Revenue Code of 1986. (a) IN GENERAL.—To be eligible to receive a (3) BASELINE.—The Secretary of Health and (b) TANF ASSISTANCE.—For purposes of grant under this division, a State shall sub- Human Services, in consultation with the part A of title IV of the Social Security Act mit an application to the Secretary at such Secretary of Energy, shall calculate, in ac- (42 U.S.C. 601 et seq.), a payment provided time, in such manner, and containing such cordance with paragraph (2), the average per under this division shall not be considered to information as the Secretary may require. gallon price of the covered grade of gasoline be assistance provided by a State under that (b) CONTENTS.—At a minimum, the applica- in each State for January, 2000. part, regardless of whether the State uses tion shall contain— (4) TRIGGER AND RELEASE PRICES.—The Sec- funds made available under section 404(d)(4) (1) information designating a State agency retary of Health and Human Services, in con- of the Social Security Act (42 U.S.C. to carry out the emergency assistance pro- sultation with the Secretary of Energy, shall 604(d)(4)) to make payments under this divi- gram in the State, which shall be— calculate— sion. The period for which such payments are (A) the State agency specified in the State (A) the trigger price for each State by mul- provided under this division shall not be con- plan submitted under section 402 of the So- tiplying the price calculated under para- sidered to be part of the 60-month period de- cial Security Act (42 U.S.C. 602); or graph (3) by 115 percent; and scribed in section 408(a)(7) of the Social Se- (B) the State agency designated under sec- (B) the release price for each State by mul- curity Act (42 U.S.C. 608(a)(7)). tion 676(a) of the Community Services Block tiplying the price calculated under para- Grant Act (42 U.S.C. 9908(a)); and graph (3) by 110 percent. SEC. ll10. AUTHORITY TO USE FUNDS FOR TEM- (2) information describing the emergency PORARY ASSISTANCE FOR NEEDY (b) PAYMENTS.— FAMILIES. assistance program to be carried out in the (1) AVAILABILITY.— Section 404(d) of the Social Security Act State. (A) MONTHLY PRICE CALCULATION.—The Sec- (42 U.S.C. 604(d)) is amended— retary of Health and Human Services, in con- SEC. ll07. ELIGIBLE HOUSEHOLDS. (1) in paragraph (3)(A), by striking ‘‘para- (a) IN GENERAL.—To be eligible to receive a sultation with the Secretary of Energy, shall graph (1)’’ and inserting ‘‘paragraph (1) or payment from a State under this division, a calculate, in accordance with subsection (4)’’; and household shall submit an application to the (a)(2), the average per gallon price of the (2) by adding at the end the following: State at such time, in such manner, and con- covered grade of gasoline in each State for ‘‘(4) OTHER STATE PROGRAMS.—A State may each month. taining such information as the State may use funds from any grant made to the State (B) DETERMINATION.—If the Secretary of require. under section 403(a) for a fiscal year to carry (b) CONTENTS.—The applicant shall include Health and Human Services, in consultation out a State program pursuant to the Low-In- in the application information dem- with the Secretary of Energy, determines come Gasoline Assistance Program Act.’’. onstrating that— that the price in a State calculated under (1) 1 or more individuals in the applicant’s subparagraph (A) for a month— SEC. ll11. DISCRETIONARY ACTIVITIES BY THE household individually drive not less than 30 (i) is more than the trigger price for the SECRETARY. miles per day, or not less than 150 miles per State, the State shall provide payments in The Secretary of Health and Human Serv- week, to or from covered activities; and accordance with this subsection for the fol- ices may reserve not more than 5 percent of (2)(A)(i) 1 or more individuals in that lowing month; and the funds appropriated under section ll12 household were receiving assistance (includ- (ii) is less than the release price for the for a fiscal year— ing services) under the State program funded State, the State shall suspend provision of (1) to pay for the cost of administering this under part A of title IV of the Social Secu- the payments, not earlier than 30 days after division; and rity Act (42 U.S.C. 601 et seq.) within the 24- the date of the determination, for the fol- (2) to increase the cost of a grant made to month period ending on the date of submis- lowing month. a State under section ll04, in any case in sion of the application; and (2) GENERAL AUTHORITY.—Except as pro- which the Secretary determines that emer- (ii) no individual in that household is re- vided in subsection (c), the State shall use gency conditions relating to gasoline prices ceiving that assistance, as of the date of sub- funds received through a grant made under exist in that State. mission of the application; section ll04 (including a grant increased SEC. ll12. AUTHORIZATION OF APPROPRIA- (B)(i) 1 or more individuals in that house- under section ll11(2)) and any funds made TIONS. hold are receiving assistance (including serv- available to the State under section 404(d)(4) (a) IN GENERAL.—There is authorized to be ices) under that State program; and of the Social Security Act (42 U.S.C. appropriated to carry out this division, (ii) such individuals are engaged in work 604(d)(4)) to make payments under this divi- $250,000,000 for each of fiscal years 2003 activities and are meeting the other require- sion to eligible households. through 2007.

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(b) AVAILABILITY.—Any sums appropriated ‘‘(4) to protect retail electric consumers the following after section 215 as added by under subsection (a) for a fiscal year shall re- from fraud, abuse, and unlawful subscription this Act: main available until the end of the suc- in the sale or delivery of electric energy to ‘‘ ‘SEC. 216. ELECTRIC RELIABILITY. ceeding fiscal year. such consumers; ‘‘ ‘(a) DEFINITIONS.—for purposes of this ‘‘(5) for law enforcement purposes; or section— SA 3047. Mr. CRAIG submitted an ‘‘(6) for purposes of compliance with any ‘‘ ‘(1) ‘bulk-power system’ means the net- amendment intended to be proposed to Federal, State, or local law or regulation au- work of interconnected transmission facili- amendment SA 2917 proposed by Mr. thorizing disclosure of information to a Fed- ties and generating facilities; eral, State, or local agency. DASCHLE (for himself and Mr. BINGA- ‘‘ ‘(2) ‘electric reliability organization’ ‘‘(c) AGGREGATE CONSUMER INFORMATION.— MAN) to the bill (S. 517) to authorize means a self-regulating organization cer- The rules issued under this subsection may tified by the Commission under subsection funding the Department of Energy to permit a person to use, disclose, and permit enhance its mission areas through (c) whose purpose is to promote the reli- access to aggregate consumer information ability of the bulk power system; and technology transfer and partnerships and may require an electric utility to make ‘‘ ‘(3) ‘reliability standard’ means a require- for fiscal years 2002 through 2006, and such information available to other electric ment to provide for reliable operation of the for other purposes; which was ordered utilities upon request and payment of a rea- bulk power system approved by the Commis- to lie on the table; as follows: sonable fee. sion under this section. ‘‘(d) DEFINITIONS.—As used in this section: Strike Title II and insert: ‘‘ ‘(b) JURISDICTION AND APPLICABILITY.— ‘‘(1) The term ‘aggregate consumer infor- The Commission shall have jurisdiction, ‘‘TITLE II—ELECTRICITY mation’ means collective data that relates to within the United States, over an electric re- ‘‘Subtitle A—Consumer Protections a group or category of retail electric con- liability organization, any regional entities, ‘‘SEC. 201. INFORMATION DISCLOSURE. sumers, from which individual consumer and all users, owners and operators of the identities and characteristics have been re- ‘‘(a) OFFERS AND SOLICITATIONS.—The Fed- bulk power system, including but not limited eral Trade Commission shall issue rules re- moved. to the entities described in section 201(f), for quiring each electric utility that makes an ‘‘(2) The term ‘consumer information’ purposes of approving reliability standards offer to sell electric energy, or solicits elec- means information that relates to the quan- and enforcing compliance with this section. tric consumers to purchase electric energy tity, technical configuration, type, destina- All users, owners and operators of the bulk- to provide the electric consumer a statement tion, or amount of use of electric energy de- power system shall comply with reliability containing the following information: livered to any retail electric consumer. standards that take effect under this section. ‘‘(1) the nature of the service being offered, ‘‘SEC. 203. UNFAIR TRADE PRACTICES. ‘‘ ‘(c) CERTIFICATION.— including information about interruptibility ‘‘(a) SLAMMING.—The Federal Trade Com- ‘‘ ‘(1) The Commission shall issue a final of service; mission shall issue rules prohibiting the rule to implement the requirements of this ‘‘(2) the price of the electric energy, in- change of selection of an electric utility ex- section not later than 180 days after the date cluding a description of any variable cept with the informed consent of the elec- of enactment of this section. charges; tric consumer. ‘‘ ‘(2) following the issuance of a Commis- ‘‘(3) a description of all other charges asso- ‘‘(b) CRAMMING.—The Federal Trade Com- sion rule under paragraph (1), any person ciated with the service being offered, includ- mission shall issue rules prohibiting the sale may submit an application to the Commis- ing access charges, exit charges, back-up of goods and services to an electric consumer sion for certification as an electric reli- service charges, stranded cost recovery unless expressly authorized by the law or the ability organization. The Commission may charges, and customer service charges; and electric consumer. certify an applicant if the Commission deter- ‘‘(4) information the Federal Trade Com- ‘‘SEC. 204. APPLICABLE PROCEDURES. mines that the applicant— mission determines is technologically and ‘‘The Federal Trade Commission shall pro- ‘‘ ‘(A) has the ability to develop, and en- economically feasible to provide, is of assist- ceed in accordance with section 553 of title 5, force reliability standards that provide for ance to electric consumers in making pur- United States Code, when prescribing a rule an adequate level of reliability of the bulk- chasing decisions, and concerns— required by this subtitle. power system; ‘‘(A) the product or its price; ‘‘SEC. 205. FEDERAL TRADE COMMISSION EN- ‘‘ ‘(B) has established rules that— ‘‘(B) the share of electric energy that is FORCEMENT. ‘‘ ‘(i) assure its independence of the users generated by each fuel type; and ‘‘Violation of a rule issued under this sub- and owners and operators of the bulk power ‘‘(C) the environmental emissions produced title shall be treated as a violation of a rule system; while assuring fair stakeholder rep- in generating the electric energy. under section 18 of the Federal Trade Com- resentation in the selection of its directors ‘‘(b) PERIODIC BILLINGS.—The Federal mission Act (15 U.S.C. 57a) respecting unfair and balanced decision-making in any com- Trade Commission shall issue rules requiring or deceptive acts or practices. All functions mittee or subordinate organizational struc- any electric utility that sells electric energy and powers of the Federal Trade Commission ture; to transmit to each of its electric consumers, under such Act are available to the Federal ‘‘‘(ii) allocate equitably dues, fees, and in addition to the information transmitted Trade Commission to enforce compliance other charges among end users for all activi- pursuant to section 115(f) of the Public Util- with this subtitle notwithstanding any juris- ties under this section; ity Regulatory Policies Act of 1978 (16 U.S.C. dictional limits in such Act. ‘‘ ‘(iii) provide fair and impartial proce- 2625(f)), a clear and concise statement con- ‘‘SEC. 206. STATE AUTHORITY. dures for enforcement of reliability stand- taining the information described in sub- ‘‘Nothing in this subtitle shall be con- ards through imposition of penalties (includ- section (a)(4) for each billing period (unless strued to preclude a State or State regu- ing limitations on activities, functions, or such information is not reasonably ascer- latory authority from prescribing and en- operations; or other appropriate sanctions); tainable by the electric utility). forcing laws, rules or procedures regarding and ‘‘SEC. 202. CONSUMER PRIVACY. the practices which are the subject of this ‘‘ ‘(iv) provide for reasonable notice and op- ‘‘(a) PROHIBITION.—The Federal Trade Com- subtitle. portunity for public comment, due process, mission shall issue rules prohibiting any ‘‘SEC. 207. DEFINITIONS. openness, and balance of interests in devel- oping reliability standards and otherwise ex- electric utility that obtains consumer infor- ‘‘As used in this subtitle: mation in connection with the sale or deliv- ‘‘(1) The term ‘aggregate consumer infor- ercising its duties. ery of electric energy to an electric con- mation’ means collective data that relates to ‘‘ ‘(3) If the Commission receives two or sumer from using, disclosing, or permitting a group or category of electric consumers, more timely applications that satisfy the re- access to such information unless the elec- from which individual consumer identities quirements of this subsection, the Commis- tric consumer to whom such information re- and identifying characteristics have been re- sion shall approve only the application it lates provides prior written approval. moved. concludes will best implement the provisions ‘‘(b) PERMITTED USE.—The rules issued ‘‘(2) The term ‘consumer information’ of this section. under this section shall not prohibit any means information that relates to the quan- ‘‘ ‘(d) RELIABILITY STANDARDS.— electric utility from using, disclosing, or tity, technical configuration, type, destina- ‘‘ ‘(1) An electric reliability organization permitting access to consumer information tion, or amount of use of electric energy de- shall file a proposed reliability standard or referred to in subsection (a) for any of the livered to an electric consumer. modification to a reliability standard with following purposes: ‘‘(3) The terms ‘electric consumer’, ‘elec- the Commission. ‘‘(1) to facilitate an electric consumer’s tric utility’, and ‘State regulatory author- ‘‘ ‘(2) The Commission may approve a pro- change in selection of an electric utility ity’ have the meanings given such terms in posed reliability standard or modification to under procedures approved by the State or section 3 of the Public Utility Regulatory a reliability standard if it determines that State regulatory authority; Policies Act of 1978 (16 U.S.C. 2602). the standard is just, reasonable, not unduly ‘‘(2) to initiate, render, bill, or collect for discriminatory or preferential, and in the the sale or delivery of electric energy to ‘‘Subtitle B—Electric Reliability public interest. The Commission shall give electric consumers or for related services; ‘‘SEC. 208. ELECTRIC RELIABILITY. due weight to the technical expertise of the ‘‘(3) to protect the rights or property of the ‘‘Part II of the Federal Power Act (16 electric reliability organization with respect person obtaining such information; U.S.C. 824 et seq.) is amended by inserting to the content of a proposed standard or

VerDate Mar 15 2010 20:48 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00102 Fmt 4637 Sfmt 0634 E:\2002SENATE\S21MR2.REC S21MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 21, 2002 CONGRESSIONAL RECORD — SENATE S2295 modification to a reliability standard, but rule or proposed rule change shall take effect have more than one-half of their electric shall not defer with respect to its effect on upon a finding by the Commission, after no- load served within the region. A regional ad- competition. tice and opportunity for comment, that the visory body shall be composed of one mem- ‘‘ ‘(3) The electric reliability organization change is just, reasonable, not unduly dis- ber from each participating State in the re- and the Commission shall rebuttably pre- criminatory or preferential, is in the public gion, appointed by the Governor of each sume that a proposal from a regional entity interest, and satisfies the requirements of State, and may include representatives of organized on an interconnection-wide basis subsection (c)(2). agencies, States, and provinces outside the for a reliability standard or modification to ‘‘ ‘(g) COORDINATION WITH CANADA AND MEX- United States. A regional advisory body may a reliability standard to be applicable on an ICO.— provide advice to the electric reliability or- Interconnection-wide basis is just, reason- ‘‘ ‘(1) The electric reliability organization ganization, a regional reliability entity, or able, and not unduly discriminatory or pref- shall take all appropriate steps to gain rec- the Commission regarding the governance of erential, and in the public interest. ognition in Canada and Mexico. an existing or proposed regional reliability ‘‘ ‘(4) The Commission shall remand to the ‘‘ ‘(2) The President shall use his best ef- entity within the same region, whether a electric reliability organization for further forts to enter into international agreements standard proposed to apply within the region consideration a proposed reliability standard with the governments of Canada and Mexico is just, reasonable, not unduly discrimina- or a modification to a reliability standard to provide for effective compliance with reli- tory or preferential, and in the public inter- that the Commission disapproves in whole or ability standards and the effectiveness of the est, whether fees proposed to be assessed in part. electric reliability organization in the within the region are just, reasonable, not ‘‘ ‘(5) The Commission, upon its own mo- United States and Canada or Mexico. unduly discriminatory or preferential, and in tion or upon complaint, may order an elec- ‘‘ ‘(h) RELIABILITY REPORTS.—The electric the public interest and any other responsibil- tric reliability organization to submit to the reliability organization shall conduct peri- ities requested by the Commission. The Com- Commission a proposed reliability standard odic assessments of the reliability and ade- mission may give deference to the advice of or a modification to a reliability standard quacy of the interconnected bulk-power sys- any such regional advisory body if that body that addresses a specific matter if the Com- tem in North America. is organized on an interconnection-wide mission considers such a new or modified re- ‘‘ ‘(i) SAVINGS PROVISIONS.— basis. liability standard appropriate to carry out ‘‘ ‘(1) The electric reliability organization ‘‘ ‘(l) APPLICATION TO ALASKA AND HAWAII.— this section. shall have authority to develop and enforce The provisions of this section do not apply to ‘‘ ‘(e) ENFORCEMENT.— compliance with standards for the reliable Alaska and Hawaii.’’ ‘‘ ‘(1) An electric reliability organization operation of only the bulk-power system. may impose a penalty on a user or owner or ‘‘ ‘(2) This section does not provide the SA 3048. Mr. SMITH of Oregon sub- operator of the bulk power system if the electric reliability organization or the Com- mitted an amendment intended to be electric reliability organization, after notice mission with the authority to order the con- proposed to amendment SA 2917 pro- and an opportunity for a hearing— struction of additional generation or trans- posed by Mr. DASCHLE (for himself and ‘‘ ‘(A) finds that the user or owner or oper- mission capacity or to set and enforce com- ator of the bulk power system has violated a pliance with standards for adequacy or safe- Mr. BINGAMAN) to the bill (S. 517) to au- reliability standard approved by the Com- ty of electric facilities or services. thorize funding the Department of En- mission under subsection (d); and ‘‘ ‘(3) Nothing in this section shall be con- ergy to enhance its mission areas ‘‘ ‘(B) files notice with the Commission, strued to preempt any authority of any through technology transfer and part- which shall affirm, set aside or modify the State to take action to ensure the safety, nerships for fiscal years 2002 through action. adequacy, and reliability of electric service 2006, and for other purposes; which was ‘‘ ‘(2) On its own motion or upon complaint, within that State, as long as such action is ordered to lie on the table; as follows: the Commission may order compliance with not inconsistent with any reliability stand- a reliability standard and may impose a pen- ard. At the end of Section 929, insert the fol- alty against a user or owner or operator of ‘‘‘(4) Within 90 days of the application of lowing: the bulk power system, if the Commission the electric reliability organization or other ‘‘SEC. . STUDY OF ENERGY EFFICIENCY STAND- finds, after notice and opportunity for a affected party, and after notice and oppor- ARDS. hearing, that the user or owner or operator tunity for comment, the Commission shall ‘‘(1) The Secretary of Energy is directed to of the bulk power system has violated or issue a final order determining whether a contract with the National Academy of threatens to violate a reliability standard. state action is inconsistent with a reliability Sciences for a study, to be completed within ‘‘ ‘(3) The Commission shall establish regu- standard, taking into consideration any rec- one year of enactment of this Act, to exam- lations authorizing the electric reliability ommendations of the electric reliability or- ine whether the goals of energy efficiency organization to enter into an agreement to ganization. standards are best served by measurement of delegate authority to a regional entity for ‘‘ ‘(5) The Commission, after consultation energy consumed, and efficiency improve- the purpose of proposing and enforcing reli- with the electric reliability organization, ments, at the actual site of energy consump- ability standards (including related activi- may stay the effectiveness of any state ac- tion, or through the full fuel cycle, begin- ties) if the regional entity satisfies the pro- tion, pending the Commission’s issuance of a ning at the source of energy production. The visions of subsection (c)(2)(A) and (B) and the final order. Secretary shall submit the report of the agreement promotes effective and efficient ‘‘ ‘(j) APPLICATION OF ANTITRUST LAWS.— Academy to the Committee on Energy and administration of bulk power system reli- ‘‘ ‘(1) IN GENERAL.—To the extend under- Commerce of the House of Representatives ability, and may modify such delegation. taken to develop, implement, or enforce a re- and Committee on Energy and Natural Re- The electric reliability organization and the liability standard, each of the following ac- sources of the Senate. Commission shall rebuttably presume that a tivities shall not, in any action under the ‘‘(2) There are authorized such sums as are proposal for delegation to a regional entity antitrust laws, be deemed illegal per se: necessary for carrying out the study author- organized on an interconnection-wide basis ‘‘ ‘(A) activities undertaken by an electric ized in this section.’’ promotes effective and efficient administra- reliability organization under this section, Renumber subsequent subsections accord- tion of bulk power system reliability and and ingly. should be approved. Such regulation may ‘‘ ‘(B) activities of a user or owner or oper- Mr. CRAIG proposed an provide that the Commission may assign the ator of the bulk power system undertaken in SA 3049. electric reliability organization’s authority good faith under the rules of an electric reli- amendment to amendment SA 3016 pro- to enforce reliability standards directly to a ability organization. posed by Mr. BINGAMAN to the amend- regional entity consistent with the require- ‘‘ ‘(2) RULE OF REASON.—In any action ment SA 2917 proposed by Mr. DASCHLE ments of this paragraph. under the antitrust laws, an activity de- (for himself and Mr. BINGAMAN) to the ‘‘ ‘(4) The Commission may take such ac- scribed in paragraph (1) shall be judged on bill (S. 517) to authorize funding the tion as is necessary or appropriate against the basis of its reasonableness, taking into Department of Energy to enhance its the electric reliability organization or a re- account all relevant factors affecting com- mission areas through technology gional entity to ensure compliance with a re- petition and reliability. transfer and partnerships for fiscal liability standard or any Commission order ‘‘ ‘(3) DEFINITION.—For purposes of this sub- affecting the electric reliability organization section. ‘antitrust laws’ has the meaning years 2002 through 2006, and for other or a regional entity. given the term in subsection (a) of the first purposes; as follows: ‘‘ ‘(f) CHANGES IN ELECTRICITY RELIABILITY section of the Clayton Act (15 U.S.C. 12(a)), On page 6, strike line 9 and all that follows ORGANIZATIONS RULES.—An electric reli- except that it includes section 5 of the Fed- through line 15 and insert the following: ability organization shall file with the Com- eral Trade Commission Act (15 U.S.C. 45) to ‘‘The term ‘biomass’ means any organic mission for approval any proposed rule or the extent that section 5 applies to unfair material that is available on a renewable or proposed rule change, accompanied by an ex- methods of competition. recurring basis, including dedicated energy planation of its basis and purpose. The Com- ‘‘ ‘(k) REGIONAL ADVISORY BODIES.—The crops, trees grown for energy production, mission, upon its own motion or complaint, Commission shall establish a regional advi- wood waste and wood residues, plants (in- may propose a change to the rules of the sory body on the petition of at least two- cluding aquatic plants, grasses, and agricul- electric reliability organization. A proposed thirds of the States within a region that tural crops), residues, fibers, animal wastes

VerDate Mar 15 2010 20:48 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00103 Fmt 4637 Sfmt 0634 E:\2002SENATE\S21MR2.REC S21MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2296 CONGRESSIONAL RECORD — SENATE March 21, 2002 and other organic waste materials, and fats SA 3051. Mr. FITZGERALD sub- waste material that is segregated from other and oils, except that with respect to mate- mitted an amendment intended to be waste material and is derived from— rial removed from National Forest System proposed to amendment SA 2917 pro- ‘‘(i) forest-related— lands the term includes only organic mate- ‘‘(I) harvesting residue; posed by Mr. DASCHLE (for himself and rial from— ‘‘(II) precommercial thinnings; ‘‘(A) thinnings from trees that are less Mr. BINGAMAN) to the bill (S. 517) to au- ‘‘(III) slash; or than 12 inches in diameter; thorize funding the Department of En- ‘‘(IV) brush; ‘‘(B) slash; ergy to enhance its mission areas ‘‘(ii) an agricultural crop, crop byproduct, ‘‘(C) brush; and through technology transfer and part- or residue resource (not including vegetation ‘‘(D) mill residues.’’. nerships for fiscal years 2002 through produced on land enrolled in the conserva- 2006, and for other purposes; which was tion reserve program under subchapter B of SA 3050. Mr. LANDRIEU (for herself ordered to lie on the table; as follows: chapter 1 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3831 et and Mr. KYL) proposed an amendment Beginning on page 64, strike line 9 and all seq.) if harvesting the vegetation would be to amendment SA 2917 proposed by Mr. that follows through page 65, line 2, and in- inconsistent with the environmental pur- DASCHLE (for himself and Mr. BINGA- sert the following: poses of the program); MAN) to the bill (S. 517) to authorize (a) DEFINITIONS.—In this section: ‘‘(iii) miscellaneous waste such as land- funding the Department of Energy to (1) BIOMASS.—The term ‘‘biomass’’ means— (A) organic material from a plant that is scape or right-of-way tree trimmings, but enhance its mission areas through not including— technology transfer and partnerships planted for the purpose of being used to produce energy; and ‘‘(I) incinerated municipal solid waste; for fiscal years 2002 through 2006, and (B) nonhazardous, lignocellulosic or ‘‘(II) recyclable postconsumer waste paper; for other purposes; as follows: hemicellulosic matter or agricultural animal ‘‘(III) painted, treated, or pressurized wood; At the appropriate place, insert the fol- waste material that is segregated from other ‘‘(IV) wood contaminated with plastic or lowing: waste material and is derived from— metal; or SEC. . PARTICIPANT-FUNDED INVESTMENT. (i) forest-related— ‘‘(V) tires; or Section 205 of the Federal Power Act is (I) harvesting residue; ‘‘(iv) animal waste from an animal feeding amended by inserting after subsection (h) (II) precommercial thinnings; operation with not more than 1,000 animal the following: (III) slash; or units. ‘‘(i) TRANSMISSION EXPANSION COSTS.— (IV) brush; Mr. MURKOWSKI proposed ‘‘(1) RATES FOR TRANSMISSION EXPANSION.— SA 3052. (ii) an agricultural crop, crop byproduct, or an amendment to amendment SA 3016 Upon the request of a Regional Transmission residue resource (not including vegetation Organization, or any transmission entity op- produced on land enrolled in the conserva- proposed by Mr. BINGAMAN to the erating within an RTO that is authorized by tion reserve program under subchapter B of amendment SA 2917 proposed by Mr. the Commission, the Commission shall au- chapter 1 of subtitle D of title XII of the DASCHLE (for himself and Mr. BINGA- thorize the recovery of costs on a partici- Food Security Act of 1985 (16 U.S.C. 3831 et MAN) to the bill (S. 517) to authorize pant-funding basis of transmission facilities seq.) if harvesting the vegetation would be funding the Department of Energy to that increase the transfer capability of the inconsistent with the environmental pur- enhance its mission areas through transmission system. The Commission shall poses of the program); technology transfer and partnerships not authorize the recovery of costs in rates (iii) miscellaneous waste such as landscape for fiscal years 2002 through 2006, and on a rolled-in basis for such transmission fa- or right-of-way tree trimmings, but not in- cilities unless the Commission finds that, cluding— for other purposes; as follows: based upon substantial evidence— (I) incinerated municipal solid waste; On page 6, on line 6, strike ‘‘mix.’’ and in- ‘‘(A) the transmission investment is identi- (II) recyclable postconsumer waste paper; sert ‘‘mix. The provisions of this section fied and incorporated in the regional trans- (III) painted, treated, or pressurized wood; shall not apply to any retail electric supplier mission plan of a FERC approval regional (IV) wood contaminated with plastic or in any State that adopts or has adopted a re- transmission organization; metal; or newable energy portfolio program.’’ ‘‘(B) participant funding for the invest- (V) tires; or Mr. GRASSLEY submitted ment is not feasible because the beneficiaries (iv) animal waste from an animal feeding SA 3053. of the investment cannot be identified; and operation with not more than 1,000 animal an amendment intended to be proposed ‘‘(C) the transmission investment is nec- units. to amendment SA 2917 proposed by Mr. essary to maintain reliability of the trans- (2) RENEWABLE ENERGY.—The term ‘‘renew- DASCHLE (for himself and Mr. BINGA- mission grid within the area covered by the able energy’’ means electric energy gen- MAN) to the bill (S. 517) to authorize regional transmission organization. erated from— funding the Department of Energy to ‘‘(2) PARTICIPANT-FUNDED.—The term ‘par- (A) a solar, wind, biomass, geothermal, or enhance its mission areas through ticipant-funded’ means an investment in the fuel cell source; or transmission system of a regional trans- technology transfer and partnerships (B)(i) additional hydroelectric generation for fiscal years 2002 through 2006, and mission organization or any Commission au- capacity achieved from increased efficiency; thorized entity operating within the RTO or for other purposes; which was ordered that— (ii) an addition of new capacity at a hydro- to lie on the table; as follows: ‘‘(A) increases the transfer capability of electric dam in existence on the date of en- At the end, add the following: the transmission system; and actment of this Act. DIVISION ll—MISCELLANEOUS ‘‘(B) is paid for by an entity that, in return (b) REQUIREMENT.— PROVISIONS for payment receives the tradable trans- (1) IN GENERAL.—The President shall en- TITLE ll—GENERAL PROVISIONS mission rights created by the investment. sure that, of the total amount of electric en- ll ‘‘(3) TRADABLE TRANSMISSION RIGHT.—The ergy that all Federal agencies, in the aggre- SEC. . REVIEW OF FEDERAL PROCUREMENT term ‘tradable transmission right’ means the INITIATIVES RELATING TO USE OF gate, consume during any fiscal year— RECYCLED PRODUCTS AND FLEET right of the holder of such right to avoid (A) not less than 3 percent in fiscal years AND TRANSPORTATION EFFICIENCY. payment of, or have rebated, transmission 2003 through 2004; Not later than 180 days after the date of congestion charges on the transmission sys- (B) not less than 5 percent in fiscal years enactment of this Act, the Administrator of tem of a regional transmission organization, 2005 through 2009; and General Services shall submit to Congress a or the right to use a specified capacity of (C) not less than 7.5 percent in fiscal year report that details efforts by each Federal such transmission system without payment 2010 and each fiscal year thereafter; agency to implement the procurement poli- of transmission congestion charges. shall be renewable energy. cies specified in Executive Order No. 13101 (63 ‘‘(4) REGIONAL TRANSMISSION ORGANIZATION (2) INNOVATIVE PURCHASING PRACTICES.—In Fed. Reg. 49643; relating to governmental use FACILITATION.— carrying out paragraph (1), the President of recycled products) and Executive Order ‘‘(A) IN GENERAL.—To encourage the re- shall encourage Federal agencies to use in- No. 13149 (65 Fed. Reg. 24607; relating to Fed- gional transmission organization or any novative purchasing practices, including ag- eral fleet and transportation efficiency). Commission-authorized transmission entity gregation and the use of renewable energy operating within the RTO to identify partici- derivatives. SA 3054. Mr. GRASSLEY submitted pant-funded investment, the Commission On page 73, between lines 9 and 10, insert an amendment intended to be proposed shall allow a regional transmission organiza- the following: to amendment SA 2917 proposed by Mr. tion or any entity constructing a participant ‘‘(1) BIOMASS.—The term ‘biomass’ means— DASCHLE (for himself and Mr. BINGA- funded project within the RTO to— ‘‘(A) organic material from a plant that is ‘‘(i) receive a share of the value of the planted for the purpose of being used to MAN) to the bill (S. 517) to authorize tradable transmission rights created by the produce energy; and funding the Department of Energy to participant-funded expansion; or ‘‘(B) nonhazardous, lignocellulosic or enhance its mission area through tech- ‘‘(ii) receive a development fee.’’. hemicellulosic matter or agricultural animal nology transfer and partnerships for

VerDate Mar 15 2010 20:48 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00104 Fmt 4637 Sfmt 0634 E:\2002SENATE\S21MR2.REC S21MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 21, 2002 CONGRESSIONAL RECORD — SENATE S2297 fiscal years 2002 through 2006, and for (A) to merchant producers of MTBE who (A) the effect of the variety of require- other purposes; which was ordered to produced MTBE in response to a market cre- ments described in paragraph (1) on the sup- lie on the table; as follows: ated by the oxygenate requirement con- ply, quality, and price of motor vehicle fuels tained in the Clean Air Act (42 U.S.C. 7401 et available to the consumer; Beginning on page 222, strike lines 5 seq.); and (B) the effect of Federal, State, and local through 10 and insert the following: (B) for the purpose of mitigating any fuel motor vehicle fuel regulations, including ‘‘(A) PROHIBITION.—Subject to subpara- supply problems that may result from elimi- multiple motor vehicle fuel requirements, graph (E), the use of methyl tertiary butyl nation of a widely-used fuel additive. on— ether in motor vehicle fuel— (b) PURPOSES.—The purposes of this section (i) domestic refineries; ‘‘(i) in any State that has received a waiver are— (ii) the fuel distribution system; and under section 209(b), is prohibited effective (1) to eliminate use of MTBE as a fuel oxy- (iii) industry investment in new capacity; January 1, 2003; and genate; and (C) the effect of the requirements described ‘‘(ii) in any State not described in clause (2) to provide assistance to merchant pro- in paragraph (1) on emissions from vehicles, (i) (other than a State described in subpara- ducers of MTBE in making the transition refineries, and fuel handling facilities; and graph (C)), is prohibited not later than 4 from producing MTBE to producing other (D) the feasibility of developing national years after the date of enactment of this fuel additives. or regional motor vehicle fuel slates for the paragraph. (c) AUTHORITY FOR WATER QUALITY PROTEC- 48 contiguous States that could— TION FROM FUELS.—Section 211(c) of the (i) enhance flexibility in the fuel distribu- SA 3055. Mr. GRASSLEY submitted Clean Air Act (42 U.S.C. 7545(c)) is amended tion infrastructure and improve fuel an amendment intended to be proposed by adding at the end the following: fungibility; to amendment SA 2917 proposed by Mr. ‘‘(5) PROHIBITION ON USE OF MTBE.— (ii) reduce price volatility and costs to DASCHLE (for himself and Mr. BINGA- ‘‘(A) IN GENERAL.—Subject to subparagraph consumers and producers; MAN) to the bill (S. 517) to authorize (E), not later than 4 years after the date of (iii) provide increased liquidity to the gas- funding the Department of Energy to enactment of this paragraph, the use of oline market; and enhance its mission area through tech- methyl tertiary butyl ether in motor vehicle (iv) enhance fuel quality, consistency, and fuel in any State other than a State de- nology transfer and partnerships for supply. scribed in subparagraph (C) is prohibited. (b) REPORT.— fiscal years 2002 through 2006, and for ‘‘(B) REGULATIONS.—The Administrator (1) IN GENERAL.—Not later than June 1, other purposes; which was ordered to shall promulgate regulations to effect the 2006, the Secretary of Energy shall submit to lie on the table; as follows: prohibition in subparagraph (A). Congress a report on the results of the study At the end, add the following: ‘‘(C) STATES THAT AUTHORIZE USE.—A State conducted under subsection (a). described in this subparagraph is a State DIVISION ll— MISCELLANEOUS (2) RECOMMENDATIONS.— that submits to the Administrator a notice (A) IN GENERAL.—The report shall contain TITLE ll—GENERAL that the State authorizes use of methyl ter- recommendations for legislative and admin- SEC. ll. INTERSTATE DAIRY COMPACTS. tiary butyl ether in motor vehicle fuel sold istrative actions that may be taken— Notwithstanding any other provision of or used in the State. (i) to improve air quality; law, a State located in Petroleum Adminis- ‘‘(D) PUBLICATION OF NOTICE.—The Admin- (ii) to reduce costs to consumers and pro- tration for Defense District 1 shall not enter istrator shall publish in the Federal Register ducers; and into an interstate dairy compact. each notice submitted by a State under sub- (iii) to increase supply liquidity. paragraph (C). (B) REQUIRED CONSIDERATIONS.—The rec- SA 3056. Mr. GRASSLEY submitted ‘‘(E) TRACE QUANTITIES.—In carrying out ommendations under subparagraph (A) shall an amendment intended to be proposed subparagraph (A), the Administrator may take into account the need to provide ad- to amendment SA 2917 proposed by Mr. allow trace quantities of methyl tertiary vance notice of required modifications to re- DASCHLE (for himself and Mr. BINGA- butyl ether, not to exceed 0.5 percent by vol- finery and fuel distribution systems in order ume, to be present in motor vehicle fuel in MAN) to the bill (S. 517) to authorize to ensure an adequate supply of motor vehi- cases that the Administrator determines to funding the Department of Energy to cle fuel in all States. be appropriate. (3) CONSULTATION.—In developing the re- enhance its mission areas through ‘‘(6) MTBE MERCHANT PRODUCER CONVER- port, the Secretary of Energy shall consult technology transfer and partnerships SION ASSISTANCE.— with— for fiscal years 2002 through 2006, and ‘‘(A) IN GENERAL.—The Secretary of Energy (A) the Governors of the States; for other purposes; which was ordered may make grants to merchant producers of (B) automobile manufacturers; and to lie on the table; as follows: methyl tertiary butyl ether in the United (C) motor vehicle fuel producers and dis- States to assist the producers in the conver- Beginning on page 213, strike line 16 and tributors. sion of eligible production facilities de- all that follows through page 218, line 14. scribed in subparagraph (B) to— Mr. KYL (for himself and Beginning on page 219, strike line 18 and SA 3057. ‘‘(i) the production of iso-octane and all that follows through page 224, line 17 and Mr. HELMS) proposed an amendment to alkylates; and insert the following: amendment SA 3016 proposed by Mr. ‘‘(ii) the production of such other fuel addi- (6) in recent years, MTBE has been de- BINGAMAN to the amendment SA 2917 tives as will contribute to replacing quan- tected in water sources throughout the proposed by Mr. DASCHLE (for himself tities of motor fuel rendered unavailable as a United States; and Mr. BINGAMAN) to the bill (S. 517) result of paragraph (5). (7) MTBE can be detected by smell and On page 224, line 18, strike ‘‘(C)’’ and insert to authorize funding the Department of taste at low concentrations; ‘‘(B)’’. Energy to enhance its mission areas (8) while small quantities of MTBE can On page 225, line 10, strike ‘‘(D)’’ and insert through technology transfer and part- render water supplies unpalatable, the pre- ‘‘(C)’’. nerships for fiscal years 2002 through cise human health effects of MTBE consump- Beginning on page 227, strike line 3 and all 2006, and for other purposes; as follows: tion at low levels are yet unknown; that follows through page 232, line 24. (9) in the report entitled ‘‘Achieving Clean On page 233, line 1, strike ‘‘(d)’’ and insert On page 9 after line 7 insert: ‘‘(n) PROTECTION OF CONSUMERS.—Upon cer- Air and Clean Water: The Report of the Blue ‘‘(b)’’. Ribbon Panel on Oxygenates in Gasoline’’ Beginning on page 233, strike line 6 and all tification by the Governor of a State to the and dated September 1999, Congress was that follows through page 244, line 23, and in- Secretary of Energy that the application of urged— sert the following: the Federal renewable portfolio standard would adversely affect consumers in such (A) to eliminate the fuel oxygenate stand- SEC. 8ll. FUEL SYSTEM REQUIREMENTS HAR- State, the requirements of this section shall ard; and MONIZATION STUDY. not apply to retail electric sellers in such (B) to greatly reduce use of MTBE; (a) STUDY.— State. Such suspension shall continue until (10) Congress has— (1) IN GENERAL.—The Secretary of Energy (A) reconsidered the relative value of shall conduct a study of Federal, State, and certification by the Governor of the State to the Secretary of Energy that consumers in MTBE in gasoline; and local requirements concerning motor vehicle such State would no longer be adversely af- (B) decided to eliminate use of MTBE as a fuels, including— fected by the application of the provisions of fuel additive; (A) requirements relating to reformulated this section.’’ (11) the timeline for elimination of use of gasoline, volatility (measured in Reid vapor MTBE as a fuel additive must be established pressure), oxygenated fuel, and diesel fuel; SA 3058. Ms. COLLINS (for herself in a manner that achieves an appropriate and and Ms. SNOWE) proposed an amend- balance among the goals of— (B) other requirements that vary from (A) adequate energy supply; and State to State, region to region, or locality ment to amendment SA 3016 proposed (B) reasonable fuel prices; and to locality. by Mr. BINGAMAN to the amendment SA (12) it is appropriate for Congress to pro- (2) REQUIRED ELEMENTS.—The study shall 2917 proposed by Mr. DASCHLE (for him- vide some limited transition assistance— assess— self and Mr. BINGAMAN) to the bill (S.

VerDate Mar 15 2010 20:48 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00105 Fmt 4637 Sfmt 0634 E:\2002SENATE\S21MR2.REC S21MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2298 CONGRESSIONAL RECORD — SENATE March 21, 2002 517) to authorize funding the Depart- ship, parish, village, borough (organized or tunity to examine its content and to submit ment of Energy to enhance its mission unorganized) or other general purpose polit- comments on the proposed statement and on areas through technology transfer and ical subdivision of a State, Guam, the Com- the community development performance of partnerships for fiscal years 2002 monwealth of the Northern Mariana Islands, the grantee; Puerto Rico, the Republic of the Marshall Is- ‘‘(3) provide citizens with reasonable access through 2006, and for other purposes; as lands, the Federated State of Micronesia, the to records regarding the past use of funds re- follows: Republic of Palau, the Virgin Islands, and ceived under section 906 by the grantee; and On page 8 line 15, delete the period and add American Samoa, a combination of such po- ‘‘(4) provide citizens with reasonable notice ‘‘, or the additional generation above aver- litical subdivisions that is recognized by the of, and opportunity to comment on, any sub- age generation in the three years preceding Secretary; and the District of Columbia; or stantial change proposed to be made in the the date of enactment of this section, to ex- any other appropriate organization of citi- use of funds received under section 906 from pand electricity production at a facility used zens of a rural and remote community that one eligible activity to another. to generate electric energy from a renewable the Secretary may identify. ‘‘The final statement shall be made available energy resource or to cofire biomass that ‘‘(2) The term ‘population’ means total to the public, and a copy shall be furnished was placed in service before the date of en- resident population based on data compiled to the Secretary. Any final statement of ac- actment of this section.’’ by the United States Bureau of the Census tivities may be modified or amended from and referable to the same point or period in time to time by the grantee in accordance SA 3059. Mr. BINGAMAN proposed an time. with the same. Procedures required in this amendment to amendment SA 2917 pro- ‘‘(3) the term ‘Native American group’ paragraph are for the preparation and sub- posed by Mr. DASCHLE (for himself and means any Indian tribe, band, group, and na- mission of such statement. ‘‘(c) PERFORMANCE AND EVALUATION RE- Mr. BINGAMAN) to the bill (S. 517) to au- tion, including Alaska Indians, Aleuts, and thorize funding the Department of En- Eskimos, and any Alaskan Native Village, of PORT.—Each grantee shall submit to the Sec- the United States, which is considered an eli- retary, at a time determined by the Sec- ergy to enhance its mission areas gible recipient under the Indian Self Deter- retary, a performance and evaluation report, through technology transfer and part- mination and Education Assistance Act concerning the use of funds made available nerships for fiscal years 2002 through (Public Law 93–638) or was considered an eli- under section 906, together with an assess- 2006, and for other purposes; as follows: gible recipient under chapter 67 of title 31, ment by the grantee of the relationship of On page 307, after line 3, insert the fol- United States Code, prior to the repeal of such use to the objectives identified in the lowing: such chapter. grantee’s statement under subsection (a) and to the requirements of subsection (b). The Subtitle E—Rural and Remote Communities ‘‘(4) The term ‘Secretary’ means the Sec- retary of Housing and Urban Development. grantee’s report shall indicate its pro- SEC. 941. SHORT TITLE. ‘‘(5) The term ‘rural and remote commu- grammatic accomplishments, the nature of This subtitle may be cited as the ‘‘Rural nity’ means a unit of local general govern- and reasons for any changes in the grantee’s and Remote Community Fairness Act’’. ment or Native American group which is program objectives, and indications of how SEC. 942. RURAL AND REMOTE COMMUNITY DE- served by an electric utility that has 10,000 the grantee would change its programs as a VELOPMENT BLOCK GRANTS. or less customers with an average retail cost result of its experiences. The Housing and Community Development per kilowatt hour of electricity that is equal ‘‘(d) RETENTION OF INCOME.— Act of 1974 (Public Law 93–383), is amended to or greater than 150 percent of the average ‘‘(1) IN GENERAL.—Any rural and remote by adding at the end the following: retail cost per kilowatt hour of electricity community may retain any program income ‘‘TITLE IX—RURAL AND REMOTE COM- for all consumers in the United States, as de- that is realized from any grant made by the MUNITY DEVELOPMENT BLOCK termined by data provided by the Energy In- Secretary under section 906 if— GRANTS formation Administration of the Department ‘‘(A) such income was realized after the initial disbursement of the funds received by ‘‘SEC. 901. FINDINGS AND PURPOSE. of Energy. such unit of general local government under ‘‘(a) FINDINGS.—The Congress finds that— ‘‘(6) The term alternative energy sources include non-traditional means of providing such section; and ‘‘(1) a modern infrastructure, including en- ‘‘(B) such unit of general local government ergy-efficient housing, electricity, tele- electrical energy, including, but not limited to, wind, solar, biomass, municipal solid has agreed that it will utilize the program communications, bulk fuel, waste water and income for eligible rural and remote commu- potable water service, is a necessary ingre- waste, hydroelectric, geothermal and tidal power. nity development activities in accordance dient of a modern society and development with the provisions of this title. of a prosperous economy; ‘‘(7) The term ‘average retail cost per kilo- watt hour of electricity’ has the same mean- ‘‘(2) EXCEPTION.—The Secretary may, by ‘‘(2) the Nation’s rural and remote commu- regulation, exclude from consideration as nities face critical social, economic and envi- ing as ‘average revenue per kilowatt hour of electricity’ as defined by the Energy Infor- program income any amounts determined to ronmental problems, arising in significant be so small that compliance with the sub- measure from the high cost of infrastructure mation Administration of the Department of Energy. section creates an unreasonable development in sparsely populated and re- adminstrative burden on the rural and re- mote areas, that are not adequately ad- ‘‘SEC. 903. AUTHORIZATION OF APPROPRIATIONS. mote communty. dressed by existing Federal assistance pro- ‘‘The Secretary is authorized to make SEC. 905. ELIGIBLE ACTIVITIES. grams; grants to rural and remote communities to ‘‘(a) ACTIVITIES INCLUDED.—Eligible activi- ‘‘(3) in the past, Federal assistance has carry out activities in accordance with the ties assisted under this title may include been instrumental in establishing electric provisions of the title. For purposes of as- only— and other utility service in many developing sistance under section 906, there are author- ‘‘(1) weatherization and other cost-effec- regions of the Nation, and that Federal as- ized to be appropriated $100,000,000 for each tive energy-related repairs of homes and sistance continues to be appropriate to en- of fiscal years 2003 through 2009. other buildings; sure that electric and other utility systems ‘‘SEC. 904. STATEMENT OF ACTIVITIES AND RE- ‘‘(2) the acquisition, construction, repair, in rural areas conform with modern stand- VIEW. reconstruction, or installation of reliable ards of safety, reliability, efficiency and en- ‘‘(a) STATEMENT OF OBJECTIVES AND PRO- and cost-efficient facilities for the genera- vironmental protection; and JECTED USE.—Prior to the receipt in any fis- tion, transmission or distribution of elec- ‘‘(4) the future welfare of the Nation and cal year of a grant under section 906 by any tricity, and telecommunications, for con- the well-being of its citizens depend on the rural and remote community, the grantee sumption in a rural and remote community establishment and maintenance of viable shall have prepared and submitted to the or communities; rural and remote communities as social, eco- Secretary a final statement of rural and re- ‘‘(3) the acquisition, construction, repair, nomic and political entities. mote community development objectives reconstruction, remediation or installation ‘‘(a) PURPOSE.—The purpose of this title is and projected use of funds. of facilities for the safe storage and efficient the development and maintenance of viable ‘‘(b) PUBLIC NOTICE.—In order to permit management of bulk fuel by rural and re- rural and remote communities through the public examination and appraisal of such mote communities, and facilities for the dis- provision of efficient housing, and reason- statements, to enhance the public account- tribution of such fuel to consumers in a rural ably priced and environmentally sound en- ability of grantees, and to facilitate coordi- or remote community; ergy, water, waste water, and bulk fuel, tele- nation of activities with different levels of ‘‘(4) facilities and training to reduce costs communications and utility services to those government, the grantee shall in a timely of maintaining and operating generation, communities that do not have those services manner— distribution or transmission systems to a or who currently bear costs of those services ‘‘(1) furnish citizens information con- rural and remote community or commu- that are significantly above the national av- cerning the amount of funds available for nities; erage. rural and remote community development ‘‘(5) the institution of professional manage- ‘‘SEC. 902. DEFINITIONS. activities and the range of activities that ment and maintenance services for elec- As used in this title: may be undertaken; tricity generation, transmission or distribu- ‘‘(1) The term ‘unit of general local govern- ‘‘(2) publish a proposed statement in such tion to a rural and remote community or ment’ means any city, county, town, town- manner to afford affected citizens an oppor- communities;

VerDate Mar 15 2010 20:48 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00106 Fmt 4637 Sfmt 0634 E:\2002SENATE\S21MR2.REC S21MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 21, 2002 CONGRESSIONAL RECORD — SENATE S2299 ‘‘(6) the investigation of the feasibility of dian tribe, band, nation, or other organized area represented by a unit of general local alternate energy sources for a rural and re- group or community, including any Alaska government or a Native American group.— mote community or communities; Native village or regional or village corpora- ‘‘(A) the borders of which are not adjacent ‘‘(7) acquisition, construction, repair, re- tion as defined in or established pursuant to to a metropolitan area; construction, operation, maintenance, or in- the Alaska Native Claims Settlement Act (43 ‘‘(B) in which— stallation of facilities for water or waste U.S.C. 1601 et seq.), which is recognized as el- ‘‘(i) the population outmigration level water service; igible for the special programs and services equals or exceeds 1 percent over the most re- ‘‘(8) the acquisition or disposition of real provided by the United States to Indians be- cent five year period, as determined by the property (including air rights, water rights, cause of their status as Indians. Secretary of Housing and Urban Develop- and other interests therein) for eligible rural ‘‘(e) AUTHORIZATION.—For the purpose of ment; and, and remote community development activi- carrying out subsection (c), there are author- ‘‘(ii) the per capita income is less than that ties; and ized to be appropriated to the Secretary of the national nonmetropolitan average; ‘‘(9) activities necessary to develop and im- $20,000,000 for each of the seven fiscal years and plement a comprehensive rural and remote following the date of enactment of this sub- ‘‘(C) that does not include a city with a development plan, including payment of rea- section.’’. population of more than 15,000. sonable administrative costs related to plan- SEC. 944. AUTHORIZATION OF APPROPRIATIONS. ‘‘(6) UNIT OF GENERAL LOCAL GOVERNMENT.— ning and execution of rural and remote com- ‘‘(A) IN GENERAL.—The term ‘unit of gen- There is hereby authorized to be appro- munity development activities. eral local government’ means any city, coun- priated $5,000,000 for each of fiscal years 2003 ‘‘(b) ACTIVITIES UNDERTAKEN THROUGH ty, town, township, parish, village, borough through 2009 to the Denali Commission es- ELECTRIC UTILITIES.—Eligible activities may (organized or unorganized), or other general tablished by the Denali Commission Act of be undertaken either directly by the rural purpose political subdivision of a State; 1998 (42 U.S.C. 3121 note) for the purposes of and remote community, or by the rural and Guam, the Commonwealth of the Northern funding the power cost equalization pro- remote community through local electric Mariana Islands, the Virgin Islands, Puerto gram. utilities. Rico, and American Samoa, or a general pur- SEC. 945. RURAL RECOVERY COMMUNITY DEVEL- ‘‘SEC. 906. ALLOCATION AND DISTRIBUTION OF pose political subdivision thereof; a com- OPMENT BLOCK GRANTS. FUNDS. bination of such political subdivisions that, ‘‘For each fiscal year, of the amount ap- Title I of the Housing and Community De- except as provided in section 106(d)(4), is rec- proved in an appropriation act under section velopment Act of 1974 (42 U.S.C. 5301–5321) is ognized by the Secretary; and the District of 903 for grants in any year, the Secretary amended by adding at the end the following: Columbia. shall distribute to each rural and remote ‘‘SEC. 123. RURAL RECOVERY COMMUNITY DE- ‘‘(B) OTHER ENTITIES INCLUDED.—The term community which has filed a final statement VELOPMENT BLOCK GRANTS. also includes a State or a local public body of rural and remote community development ‘‘(a) FINDINGS; PURPOSE.— or agency, community association, or other objectives and projected use of funds under ‘‘(1) FINDINGS.—Congress finds that— entity, that is approved by the Secretary for section 904, an amount which shall be allo- ‘‘(A) a modern infrastructure, including af- the purpose of providing public facilities or cated among the rural and remote commu- fordable housing, wastewater and water serv- services to a new community. nities that filed a final statement of rural ice, and advanced technology capabilities is ‘‘(c) GRANT AUTHORITY.—The Secretary and remote community development objec- a necessary ingredient of a modern society may make grants in accordance with this tives and projected use of funds under sec- and development of a prosperous economy section to eligible units of general local gov- tion 904 proportionate to the percentage that with minimal environmental impacts; ernment, Native American groups and eligi- the average retail price per kilowatt hour of ‘‘(B) the Nation’s rural areas face critical ble Indian tribes that meet the requirements electricity for all classes for consumers in social, economic, and environmental prob- of subsection (d) to carry out eligible activi- the rural and remote community exceeds the lems, arising in significant measure from the ties described in subsection (f). national average retail price per kilowatt growing cost of infrastructure development ‘‘(d) ELIGIBILITY REQUIREMENTS.— hour for electricity for all consumers in the in rural areas that suffer from low per capita ‘‘(1) STATEMENT OF RURAL DEVELOPMENT OB- United States, as determined by data pro- income and high rates of outmigration and JECTIVES.—In order to receive a grant under vided by the Department of Energy’s Energy are not adequately addressed by existing this section for a fiscal year, an eligible unit Information Administration. In allocating Federal assistance programs; and of general local government, Native Amer- funds under this section, the Secretary shall ‘‘(C) the future welfare of the Nation and ican group or eligible Indian tribe— give special consideration to those rural and the well-being of its citizens depend on the ‘‘(A) shall— remote communities that increase econo- establishment and maintenance of viable ‘‘(i) publish a proposed statement of rural mies of scales through consolidation of serv- rural areas as social, economic, and political development objectives and a description of ices, affiliation and regionalization of eligi- entities. the proposed eligible activities described in ble activities under this title. ‘‘(2) PURPOSE.—The purpose of this section subsection (f) for which the grant will be ‘‘SEC. 907. REMEDIES FOR NONCOMPLIANCE. is to provide for the development and main- used; and ‘‘The provisions of section 111 of the Hous- tenance of viable rural areas through the ‘‘(ii) afford residents of the rural recovery ing and Community Development Act of 1974 provision of affordable housing and commu- area served by the eligible unit of general (42 U.S.C. 5311) shall apply to assistance dis- nity development assistance to eligible units local government, Native American groups tributed under this title.’’. of general local government and eligible Na- or eligible Indian tribe with an opportunity tive American groups in rural areas with ex- SEC. 943. RURAL AND REMOTE COMMUNITIES to examine the contents of the proposed ELECTRIFICATION GRANTS. cessively high rates of outmigration and low statement and the proposed eligible activi- Section 313 of the Rural Electrification Act per capita income levels. ties published under clause (i), and to submit of 1936 (7 U.S.C. 940c) is amended by adding ‘‘(b) DEFINITIONS.—In this section: comments to the eligible unit of general after subsection (b) the following: ‘‘(1) ELIGIBILITY UNIT OF GENERAL LOCAL local government, Native American group or ‘‘(c) RURAL AND REMOTE COMMUNITIES GOVERNMENT.—The term ‘eligible unit of gen- eligible Indian tribe, as applicable, on the ELECTRIFICATION GRANTS.—The Secretary of eral local government’ means a unit of gen- proposed statement and the proposed eligible Agriculture, in consultation with the Sec- eral local government that is the governing activities, and the overall community devel- retary of Energy and the Secretary of the In- body of a rural recovery area. opment performance of the eligible unit of terior, may provide grants under this Act for ‘‘(2) ELIGIBLE INDIAN TRIBE.—The term ‘eli- general local government, Native American the purpose of increasing energy efficiency, gible Indian tribe’ means the governing body groups or eligible Indian tribe, as applicable; siting or upgrading transmission and dis- of an Indian tribe that is located in a rural and tribution lines, or providing or modernizing recovery area. ‘‘(B) based on any comments received electric facilities to— ‘‘(3) GRANTEE.—The term ‘grantee’ means under subparagraph (A)(ii), prepare and sub- ‘‘(1) a unit of local government of a State an eligible unit of general local government mit to the Secretary— or territory; or or eligible Indian tribe that receives a grant ‘‘(i) a final statement of rural development ‘‘(2) an Indian tribe or Tribal College or under this section. objectives; University as defined in section 316(b)(3) of ‘‘(4) NATIVE AMERICAN GROUP.—The term ‘‘(ii) a description of the eligible activities the Higher Education Act (20 U.S.C. ‘Native American group’ means any Indian described in subsection (f) for which a grant 1059c(b)(3)). tribe, band, group, and nation, including received under this section will be used; and ‘‘(d) GRANT CRITERIA.—The Secretary shall Alaska Indians, Aleuts, and Eskimos, and ‘‘(iii) a certification that the eligible unit make grants based on a determination of any Alaskan Native Village, of the United of general local government, Native Amer- cost-effectiveness and most effective use of States, which is considered an eligible recipi- ican groups or eligible Indian tribe, as appli- the funds to achieve the stated purposes of ent under the Indian Self-Determination and cable, will comply with the requirements of this section. Education Assistance Act (Public Law 93– paragraph (2). ‘‘(e) PREFERENCE.—In making grants under 638) or was considered an eligible recipient ‘‘(2) PUBLIC NOTICE AND COMMENT.—In order this section, the Secretary shall give a pref- under chapter 67 of title 31, United States to enhance public accountability and facili- erence to renewable energy facilities. Code, prior to the repeal of such chapter. tate the coordination of activities among ‘‘(f) DEFINITION.—For purposes of this sec- ‘‘(5) RURAL RECOVERY AREA.—The term different levels of government, an eligible tion, the term ‘Indian tribe’ means any In- ‘rural recovery area’ means any geographic unit of general local government, Native

VerDate Mar 15 2010 20:48 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00107 Fmt 4637 Sfmt 0634 E:\2002SENATE\S21MR2.REC S21MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2300 CONGRESSIONAL RECORD — SENATE March 21, 2002 American groups or eligible Indian tribe that grantee has achieved the rural development posed by Mr. DASCHLE (for himself and receives a grant under this section shall, as objectives included in the final statement Mr. BINGAMAN) to the bill (S. 517) to au- soon as practicable after such receipt, pro- submitted under subsection (d)(1); thorize funding the Department of En- ‘‘(B) the nature of and reasons for any vide the residents of the rural recovery area ergy to enhance its mission areas served by the eligible unit of general local change in the rural development objectives government, Native American groups or eli- or the eligible activities of the grantee after through technology transfer and part- gible Indian tribe, as applicable, with— submission of the final statement under sub- nerships for fiscal years 2002 through ‘‘(A) a copy of the final statement sub- section (d)(1); and 2006, and for other purposes; as follows: mitted under paragraph (1)(B); ‘‘(C) any manner in which the grantee On page 289, after line 21, insert the fol- ‘‘(B) information concerning the amount would change the rural development objec- lowing: made available under this section and the el- tives of the grantee as a result of the experi- ‘‘(11) Test procedures for traffic signal igible activities to be undertaken with that ence of the grantee in administering modules shall be based on the test method amount; amounts received under this section. used under the Energy Star program of the ‘‘(C) reasonable access to records regarding ‘‘(h) RETENTION OF INCOME.—A grantee may Environmental Protection Agency for traffic the use of any amounts received by the eligi- retain any income that is realized from the signal modules, as in effect on the date of en- ble unit of general local government, Native grant, if— actment of this paragraph.’’ American groups or eligible Indian tribe ‘‘(1) the income was realized after the ini- under this section in any preceding fiscal tial disbursement of amounts to the grantee SA 3064. Mr. BINGAMAN (for Ms. year; and under this section; and ‘‘(2) the— CANTWELL) proposed an amendment to ‘‘(D) reasonable notice of, and opportunity amendment SA 2917 proposed by Mr. to comment on, any substantial change pro- ‘‘(A) grantee agrees to utilize the income posed to be made in the use of amounts re- for 1 or more eligible activities; or DASCHLE (for himself and Mr. BINGA- ‘‘(B) amount of the income is determined ceived under this section from one eligible MAN) to the bill (S. 517) to authorize by the Secretary to be so small that compli- activity to another. funding the Department of Energy to ance with subparagraph (A) would create an ‘‘(e) DISTRIBUTION OF GRANTS.— enhance its mission areas through unreasonable administrative burden on the ‘‘(1) IN GENERAL.—In each fiscal year, the technology transfer and partnerships Secretary shall distribute to each eligible grantee. ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.— for fiscal years 2002 through 2006, and unit of general local government, Native There is authorized to be appropriated to for other purposes; as follows: American groups and eligible Indian tribe carry out this section $100,000,000 for each of that meets the requirements of subsection On page 301, after line 5, insert the fol- fiscal years 2003 through 2009.’’. (d)(1) a grant in an amount described in para- lowing: graph (2). ‘‘(z) TRAFFIC SIGNAL MODULES.—Traffic sig- SA 3060. Mr. BINGAMAN proposed an nal modules manufactured on or after Janu- ‘‘(2) AMOUNT.—Of the total amount made available to carry out this section in each amendment to amendment SA 2917 pro- ary 1, 2006 shall meet the performance re- fiscal year, the Secretary shall distribute to posed by Mr. DASCHLE (for himself and quirements used under the Energy Star pro- each grantee the amount equal to the great- Mr. BINGAMAN) to the bill (S. 517) to au- gram of the Environmental Protection Agen- er of— thorize funding the Department of En- cy for traffic signals, as in effect on the date ‘‘(A) the pro rata share of the grantee, as ergy to enhance its mission areas of enactment of this paragraph, and shall be installed with compatible, electrically-con- determined by the Secretary, based on the through technology transfer and part- combined annual population outmigration nected signal control interface devices and nerships for fiscal years 2002 through conflict monitoring systems.’’ level (as determined by the Secretary of 2006, and for other purposes; as follows: Housing and Urban Development) and the per capita income for the rural recovery area On page 65, strike line 18 and all that fol- SA 3065. Mr. BINGAMAN (for Ms. served by the grantee; or lows through page 67, line 4. CANTWELL) (for himself and Mr. SMITH ‘‘(B) $200,000. of Oregon)) proposed an amendment to SA 3061. Mr. BINGAMAN proposed an ‘‘(f) ELIGIBLE ACTIVITIES.—Each grantee amendment SA 2917 proposed by Mr. amendment to amendment SA 2917 pro- shall use amounts received under this sec- DASCHLE (for himself and Mr. BINGA- posed by Mr. DASCHLE (for himself and tion for one or more of the following eligible MAN) to the bill (S. 517) to authorize activities, which may be undertaken either Mr. BINGAMAN) to the bill (S. 517) to au- funding the Department of Energy to directly by the grantee, or by any local eco- thorize funding the Department of En- enhance its mission areas through nomic development corporation, regional ergy to enhance its mission areas planning district, nonprofit community de- technology transfer and partnerships through technology transfer and part- for fiscal years 2002 through 2006, and velopment corporation, or statewide develop- nerships for fiscal years 2002 through ment organization authorized by the grant- for other purposes; as follows: 2006, and for other purposes; as follows: ee: On page 60, lines 20–23, strike ‘‘an elec- ‘‘(1) the acquisition, construction, repair, On page 121, line 24, strike ‘‘and’’ and all tricity-generating cooperative exempt from reconstruction, operation, maintenance, or that follows through page 122, line 2 and in- taxation under section 501(c)(12) or section installation of facilities for water and waste- sert: 1281(a)(2)(C) of the Internal Revenue Code of ‘‘(5) to any person for national security water service or any other infrastructure 1986’’ and inserting ‘‘a nonprofit electrical purposes, as determined by the Secretary; needs determined to be critical to the fur- cooperative’’. ther development or improvement of a des- and ‘‘(6) to a uranium mill licensed by the ignated industrial park; SA 3066. Mr. MURKOWSKI (for Mr. ‘‘(2) the acquisition or disposition of real Commission for the purpose of recycling ura- nium-bearing material.’’. INHOFE) proposed an amendment to property (including air rights, water rights, amendment SA 2917 proposed by Mr. and other interests therein) for rural com- Mr. BINGAMAN (for Ms. munity development activities; SA 3062. DASCHLE (for himself and Mr. BINGA- ‘‘(3) the development of telecommuni- CANTWELL) proposed an amendment to MAN) to the bill (S. 517) to authorize cations infrastructure within a designated amendment SA 2917 proposed by Mr. funding the Department of Energy to industrial park that encourages high tech- DASCHLE (for himself and Mr. BINGA- enhance its mission areas through nology business development in rural areas; MAN) to the bill (S. 517) to authorize technology transfer and partnerships ‘‘(4) activities necessary to develop and im- funding the Department of Energy to for fiscal years 2002 through 2006, and plement a comprehensive rural development enhance its mission areas through for other purposes; as follows: plan, including payment of reasonable ad- technology transfer and partnerships ministrative costs related to planning and On page 407, line 4, after ‘‘including’’, in- execution of rural development activities; or for fiscal years 2002 through 2006, and sert ‘‘flexible alternating current trans- ‘‘(5) affordable housing initiatives. for other purposes; as follows: mission systems,’’. ‘‘(g) PERFORMANCE AND EVALUATION RE- On page 289, after line 4, insert the fol- PORT.— lowing: SA 3067. Mr. BINGAMAN (for Mr. ‘‘(1) IN GENERAL.—Each grantee shall annu- ‘‘(41) The term ‘traffic signal module’ BAYH) proposed an amendment to ally submit to the Secretary a performance means a standard 8-inch (200mm) or 12-inch amendment SA 2917 proposed by Mr. and evaluation report, concerning the use of (300mm) traffic signal indication, consisting DASCHLE (for himself and Mr. BINGA- amounts received under this section. of a light source, a lens, and all other parts MAN) to the bill (S. 517) to authorize ‘‘(2) CONTENTS.—Each report submitted necessary for operation, that communicates funding the Department of Energy to under paragraph (1) shall include a descrip- movement messages to drivers through red, tion of— amber, and green colors.’’ enhance its mission areas through ‘‘(A) the eligible activities carried out by technology transfer and partnerships the grantee with amounts received under SA 3063. Ms. CANTWELL proposed an for fiscal years 2002 through 2006, and this section, and the degree to which the amendment to amendment SA 2917 pro- for other purposes; as follows:

VerDate Mar 15 2010 20:48 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00108 Fmt 4637 Sfmt 0634 E:\2002SENATE\S21MR2.REC S21MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 21, 2002 CONGRESSIONAL RECORD — SENATE S2301 On page 568, line 20, insert ‘‘geothermal initial operation of an Alaska natural gas panded pipeline facilities that may be re- heat pump technology,’’ before ‘‘and energy transportation project, as an alternative to quired to transport Alaska natural gas from recovery’’. the framework provided in the Alaska Nat- Canada to markets in the contiguous United ural Gas Transportation Act of 1976 (15 States may be made pursuant to the Natural SA 3068. Mr. BINGAMAN (for Mr. U.S.C. 719–719o), which remains in effect; Gas Act. To the extent such pipeline facili- AKAKA) proposed an amendment to (2) to establish a process for providing ac- ties include the expansion of any facility amendment SA 2917 proposed by Mr. cess to such transportation project in order constructed pursuant to the Alaska Natural to promote competition in the exploration, DASCHLE (for himself and Mr. BINGA- Gas Transportation Act of 1976, the provi- development and production of Alaska nat- sions of that Act shall continue to apply. MAN) to the bill (S. 517) to authorize ural gas; (g) STUDY OF IN-STATE NEEDS.—The holder funding the Department of Energy to (3) to clarify federal authorities under the of the certificate of public convenience and enhance its mission areas through Alaska Natural Gas Transportation Act; and necessity issued, modified, or amended by technology transfer and partnerships (4) to authorize federal financial assistance the Commission for an Alaska natural gas for fiscal years 2002 through 2006, and to an Alaska natural gas transportation transportation project shall demonstrate for other purposes; as follows: project as provided in this subtitle. that it has conducted a study of Alaska in- SEC. 704. ISSUANCE OF CERTIFICATE OF PUBLIC On page 574, following line 11, insert the state needs, including tie-in points along the CONVENIENCE AND NECESSITY. Alaska natural gas transportation project following: (a) AUTHORITY OF THE COMMISSION.—Not- for in-state access. SEC. 1704. UPDATING OF INSULAR AREA RENEW- withstanding the provisions of the Alaska (h) ALASKA ROYALTY GAS.—The Commis- ABLE ENERGY AND ENERGY EFFI- Natural Gas Transportation Act of 1976 (15 sion, upon the request of the State of Alaska CIENCY PLANS. U.S.C. 719–719o), the Commission may, pursu- and after a hearing, may provide for reason- Section 604 of Public Law 96–597 (48 U.S.C. ant to section 7(c) of the Natural Gas Act (15 able access to the Alaska natural gas trans- 1492) is amended— U.S.C. 717f(c)), consider and act on an appli- portation project for the State of Alaska or (1) in subsection (a) at the end of para- cation for the issuance of a certificate of its designee for the transportation of the graph (4) by striking ‘‘resources.’’ and insert- public convenience and necessity authorizing ing ‘‘resources; and the construction and operation of an Alaska State’s royalty gas for local consumption ‘‘(5) the development of renewable energy natural gas transportation project other needs within the State, provided that the and energy efficiency technologies since pub- than the Alaska Natural Gas Transportation rates of existing shippers of subscribed ca- lication of the 1982 Territorial Energy As- System. pacity on such project shall not be increased sessment prepared under subsection (c) re- (b) ISSUANCE OF CERTIFICATE.— as a result of such access. veals the need to reassess the state of energy (1) The Commission shall issue a certifi- (i) REGULATIONS.—The Commission may production, consumption, efficiency, infra- cate of public convenience and necessity au- issue regulations to carry out the provisions structure, reliance on imported energy, and thorizing the construction and operation of of this section. potential of the indigenous renewable energy an Alaska natural gas transportation project SEC. 705. ENVIRONMENTAL REVIEWS. resources and energy efficiency in regard to under this section if the applicant has satis- (a) COMPLIANCE WITH NEPA.—The issuance the insular areas.’’; and fied the requirements of section 7(e) of the of a certificate of public convenience and ne- (2) by adding at the end of subsection (e) Natural Gas Act (15 U.S.C. 717f(e)). cessity authorizing the construction and op- ‘‘The Secretary of Energy, in consultation (2) In considering an application under this eration of any Alaska natural gas transpor- with the Secretary of the Interior and the section, the Commission shall presume tation project under section 704 shall be chief executive officer of each insular area, that— treated as a major federal action signifi- shall update the plans required under sub- (A) a public need exists to construct and cantly affecting the quality of the human en- section (c) and draft long-term energy plans operate the proposed Alaska natural gas vironment within the meaning of section for each insular area that will reduce, to the transportation project; and 102(2)(C) of the National Environmental Pol- extent feasible, the reliance of the insular (B) sufficient downstream capacity will icy Act of 1969 (42 U.S.C. 4332(2)(C). area on energy imports by the year 2010, and exist to transport the Alaska natural gas (b) DESIGNATION OF LEAD AGENCY.—The maximize, to the extent feasible, use of re- moving through such project to markets in Commission shall be the lead agency for pur- newable energy resources and energy effi- the contiguous United States. poses of complying with the National Envi- ciency opportunities. Not later than Decem- (c) EXPEDITED APPROVAL PROCESS.—The ronmental Policy Act of 1969, and shall be re- ber 31, 2002, the Secretary of Energy shall Commission shall issue a final order grant- sponsible for preparing the statement re- submit the updated plans to Congress.’’. ing or denying any application for a certifi- quired by section 102(2)(c) of that Act (42 cate of public and convenience and necessity U.S.C. 4332(2)(c)) with respect to an Alaska SA 3069. Mr. BINGAMAN (for him- under section 7(c) of the Natural Gas Act (15 natural gas transportation project under sec- self, and Mr. MURKOWSKI) proposed an U.S.C. 717f(c)) and this section not more than tion 704. The Commission shall prepare a sin- amendment to amendment SA 2917 pro- 60 days after the issuance of the final envi- gle environmental statement under this sec- ronmental impact statement for that project posed by Mr. DASCHLE (for himself and tion, which shall consolidate the environ- pursuant to section 705. mental reviews of all Federal agencies con- Mr. BINGAMAN) to the bill (S. 517) to au- (d) PROHIBITION ON CERTAIN PIPELINE sidering any aspect of the project. thorize funding the Department of En- ROUTE.—No license, permit, lease, right-of- (c) OTHER AGENCIES.—All Federal agencies ergy to enhance its mission areas way, authorization or other approval re- considering aspects of the construction and through technology transfer and part- quired under Federal law for the construc- operation of an Alaska natural gas transpor- nerships for fiscal years 2002 through tion of any pipeline to transport natural gas tation project under section 704 shall cooper- 2006, and for other purposes; as follows: from lands within the Prudhoe Bay oil and ate with the Commission, and shall comply gas lease area may be granted for any pipe- On page 136, strike line 1 and all that fol- with deadlines established by the Commis- line that follows a route that traverses— sion in the preparation of the statement lows through page 148, line 2 and insert the (1) the submerged lands (as defined by the under this section. The statement prepared following: Submerged Lands Act) beneath, or the adja- under this section shall be used by all such TITLE VII—NATURAL GAS PIPELINES cent shoreline of, the Beaufort Sea; and agencies to satisfy their responsibilities Subtitle A—Alaska Natural Gas Pipeline (2) enters Canada at any point north of 68 degrees North latitude. under section 102(2)(C) of the National Envi- SEC. 701. SHORT TITLE. (e) OPEN SEASON.—Except where an expan- ronmental Policy Act of 1969 (42 U.S.C. This subtitle may be cited as the ‘‘Alaska sion is ordered pursuant to section 706, ini- 4332(2)(C)) with respect to such project. Natural Gas Pipeline Act of 2002’’. tial or expansion capacity on any Alaska (d) EXPEDITED PROCESS.—The Commission SEC. 702. FINDINGS. natural gas transportation project shall be shall issue a draft statement under this sec- The Congress finds that: allocated in accordance with procedures to tion not later than 12 months after the Com- (1) Construction of a natural gas pipeline be established by the Commission in regula- mission determines the application to be system from the Alaskan North Slope to tions governing the conduct of open seasons complete and shall issue the final statement United States markets is in the national in- for such project. Such procedures shall in- not later than 6 months after the Commis- terest and will enhance national energy se- clude the criteria for and timing of any open sion issues the draft statement, unless the curity by providing access to the significant seasons, be consistent with the purposes set Commission for good cause finds that addi- gas reserves in Alaska needed to meet the forth in section 703(2) and, for any open sea- tional time is needed. anticipated demand for natural gas. son for capacity beyond the initial capacity, SEC. 706. PIPELINE EXPANSION. (2) The Commission issued a conditional provide the opportunity for the transpor- (a) AUTHORITY.—With respect to any Alas- certificate of public convenience and neces- tation of natural gas other than from the ka natural gas transportation project, upon sity for the Alaska Natural Gas Transpor- Prudhoe Bay and Point Thompson units. The the request of one or more persons and after tation System, which remains in effect. Commission shall issue such regulations no giving notice and an opportunity for a hear- SEC. 703. PURPOSES. later than 120 days after the enactment of ing, the Commission may order the expan- The purposes of this subtitle are— this subtitle. sion of such project if it determines that (1) to provide a statutory framework for (f) PROJECTS IN THE CONTIGUOUS UNITED such expansion is required by the present the expedited approval, construction, and STATES.—Applications for additional or ex- and future public convenience and necessity.

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(b) REQUIREMENTS.—Before ordering an ex- tions that are permitted, but not required, natural gas to Fairbanks, Anchorage, pansion the Commission shall— by law on any certificate, right-of-way, per- Matanuska-Sustina Valley, or the Kenai pe- (1) approve or establish rates for the expan- mit, lease or other authorization issued to ninsula or Valdez or any other site in the sion service that are designed to ensure the an Alaska natural gas transportation project State of Alaska for consumption within or recovery, on an incremental or rolled-in if the Federal Coordinator determines that distribution outside the State of Alaska. basis, of the cost associated with the expan- the terms and conditions would prevent or (c) RATE COORDINATION.—Pursuant to the sion (including a reasonable rate of return on impair in any significant respect the expedi- Natural Gas Act, the Commission shall es- investment); tious construction and operation of the tablish rates for the transportation of nat- (2) ensure that the rates as established do project. ural gas on the Alaska natural gas transpor- not require existing shippers on the Alaska (3) Unless required by law, no federal offi- tation project. In exercising such authority, natural gas transportation project to sub- cer or agency shall add to, amend, or abro- the Commission, pursuant to Section 17(b) of sidize expansion shippers; gate any certificate, right-of-way, permit, the Natural Gas Act (15 U.S.C. 717p), shall (3) find that the proposed shipper will com- lease or other authorization issued to an confer with the State of Alaska regarding ply with, and the proposed expansion and the Alaska natural gas transportation project if rates (including rate settlements) applicable expansion of service will be undertaken and the Federal Coordinator determines that to natural gas transported on and delivered implemented based on, terms and conditions such action would prevent or impair in any from the Alaska natural gas transportation consistent with the then-effective tariff of significant respect the expeditious construc- project for use within the State of Alaska. the Alaska natural gas transportation tion and operation of the project. SEC. 710. LOAN GUARANTEE. project; (e) STATE COORDINATION.—The Federal Co- (a) AUTHORITY.—The Secretary of Energy (4) find that the proposed facilities will not ordinator shall enter into a Joint Surveil- may guarantee not more than 80 percent of adversely affect the financial or economic vi- lance and Monitoring Agreement, approved the principal of any loan made to the holder ability of the Alaska natural gas transpor- by the President and the Governor of Alaska, of a certificate of public convenience and ne- tation project; with the State of Alaska similar to that in cessity issued under section 704(b) of this Act (5) find that the proposed facilities will not effect during construction of the Trans-Alas- or section 9 of the Alaska Natural Gas Trans- adversely affect the overall operations of the ka Oil Pipeline to monitor the construction portation Act of 1976 (15 U.S.C. 719g) for the Alaska natural gas transportation project; of the Alaska natural gas transportation purpose of constructing an Alaska natural (6) find that the proposed facilities will not project. The federal government shall have gas transportation project. diminish the contract rights of existing ship- primary surveillance and monitoring respon- (b) CONDITIONS.— pers to previously subscribed certificated ca- sibility where the Alaska natural gas trans- (1) The Secretary of Energy may not guar- pacity; portation project crosses federal lands and antee a loan under this section unless the (7) ensure that all necessary environmental private lands, and the state government guarantee has filed an application for a cer- reviews have been completed; and shall have primary surveillance and moni- tificate of public convenience and necessity (8) find that adequate downstream facili- toring responsibility where the Alaska nat- under section 704(b) of this Act or for an ties exist or are expected to exist to deliver ural gas transportation project crosses state amended certificate under section 9 of the incremental Alaska natural gas to market. lands. Alaska Natural Gas Transportation Act of (c) REQUIREMENT FOR A FIRM TRANSPOR- SEC. 708. JUDICIAL REVIEW. 1976 (15 U.S.C. 719g) with the Commission not TATION AGREEMENT.—Any order of the Com- (a) EXCLUSIVE JURISDICTION.—The United later than 18 months after the date of enact- mission issued pursuant to this section shall ment of this subtitle. be null and void unless the person or persons States Court of Appeals for the District of Columbia Circuit shall have exclusive juris- (2) A loan guaranteed under this section requesting the order executes a firm trans- shall be made by a financial institution sub- portation agreement with the Alaska nat- diction to determine— (1) the validity of any final order or action ject to the examination of the Secretary. ural gas transportation project within a rea- (3) Loan requirements, including term, (including a failure to act) of any federal sonable period of time as specified in such maximum size, collateral requirements and agency or officer under this subtitle; order. other features shall be determined by the (2) the constitutionality of any provision (d) LIMITATION.—Nothing in this section Secretary. of this subtitle, or any decision made or ac- shall be construed to expand or otherwise af- (c) LIMITATION ON AMOUNT.—Commitments tion taken thereunder; or fect any authorities of the Commission with to guarantee loans may be made by the Sec- (3) the adequacy of any environmental im- respect to any natural gas pipeline located retary of Energy only to the extent that the pact statement prepared under the National outside the State of Alaska. total loan principal, any part of which is Environmental Policy Act of 1969 with re- (e) REGULATIONS.—the Commission may guaranteed, will not exceed $10,000,000,000. spect to any action under this subtitle. issue regulations to carry out the provisions (d) REGULATIONS.—The Secretary of Energy of this section. (b) DEADLINE FOR FILING CLAIM.—Claims may issue regulations to carry out the provi- arising under this subtitle may be brought SEC. 707. FEDERAL COORDINATOR. sions of this section. not later than 60 days after the date of the (a) ESTABLISHMENT.—There is established (e) AUTHORIZATION OF APPROPRIATIONS.— decision or action giving rise to the claim. as an independent establishment in the exec- There are authorized to be appropriated to (c) EXPEDITED CONSIDERATION.—The United utive branch, the Office of the Federal Coor- the Secretary such sums as may be nec- States Court of appeals for the District of dinator for Alaska Natural Gas Transpor- essary to cover the cost of loan guarantees, Columbia circuit shall set any action tation Projects. as defined by section 502(5) of the Federal brought under subsection (a) of this section (b) THE FEDERAL COORDINATOR.—The Office Credit Reform Act of 1990 (2 U.S.C. 661a(5)). for expedited consideration, taking into ac- shall be headed by a Federal Coordinator for SEC. 711. STUDY OF ALTERNATIVE MEANS OF count the national interest as described in Alaska Natural Gas Transportation Projects, CONSTRUCTION. section 702 of this subtitle. who shall— (a) REQUIREMENT OF STUDY.—If no applica- (1) be appointed by the President, by and (d) AMENDMENT TO ANGTA.—Section 10(c) of tion for the issuance of a certificate or with the advice of the Senate, the Alaska Gas Transportation Act of 1976 amended certificate of public convenience (2) hold office at the pleasure of the Presi- (15 U.S.C. 719h) is amended by adding the fol- and necessity authorizing the construction dent, and lowing paragraph: and operation of an Alaska natural gas (3) be compensated at the rate prescribed ‘‘(2) EXPEDITED CONSIDERATION.—The transportation project has been filed with for level III of the Executive Schedule (5 United States Court of Appeals for the Dis- the Commission within 18 months after the U.S.C. 5314). trict of Columbia Circuit shall set any action date of enactment of this title, the Secretary (c) DUTIES.—The Federal Coordinator shall brought under subsection (a) of this section of Energy shall conduct a study of alter- be responsible for— for expedited consideration, taking into ac- native approaches to the construction and (1) coordinating the expeditious discharge count the national interest described in sec- operation of the project. of all activities by federal agencies with re- tion 2 of this Act.’’ (b) SCOPE OF STUDY.—The study shall con- spect to an Alaska natural gas transpor- SEC. 709. STATE JURISDICTION OVER IN-STATE sider the feasibility of establishing a govern- tation project; and DELIVERY OF NATURAL GAS. ment corporation to construct an Alaska (2) ensuring the compliance of Federal (a) LOCAL DISTRIBUTION.—Any facility re- natural gas transportation project, and al- agencies with the provisions of this subtitle. ceiving natural gas from the Alaska natural ternative means of providing federal financ- (d) REVIEWS AND ACTIONS OF OTHER FED- gas transportation project for delivery to ing and ownership (including alternative ERAL AGENCIES.— consumers within the State of Alaska shall combinations of government and private cor- (1) All reviews conducted and actions be deemed to be a local distribution facility porate ownership) of the project. taken by any federal officer or agency relat- within the meaning of section 1(b) of the (c) CONSULTATION.—In conducting the ing to an Alaska natural gas transportation Natural Gas Act (15 U.S.C. 717), and therefore study, the Secretary of Energy shall consult project authorized under this section shall be not subject to the jurisdiction of the Federal with the Secretary of the Treasury and the expedited, in a manner consistent with com- Energy Regulatory Commission. Secretary of the Army (acting through the pletion of the necessary reviews and approv- (b) ADDITIONAL PIPELINES.—Nothing in this Commanding General of the Corps of Engi- als by the deadlines set forth in this subtitle. subtitle, except as provided in subsection neers). (2) No federal officer or agency shall have 704(d), shall preclude or affect a future gas (d) REPORT.—If the Secretary of Energy is the authority to include terms and condi- pipeline that may be constructed to deliver required to conduct a study under subsection

VerDate Mar 15 2010 20:48 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00110 Fmt 4637 Sfmt 0634 E:\2002SENATE\S21MR2.REC S21MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 21, 2002 CONGRESSIONAL RECORD — SENATE S2303 (a), he shall submit a report containing the tured or produced in North America and to (i) the government of the Republic of Iraq: results of the study, his recommendations, negotiate a project labor agreement to expe- (A) has failed to comply with the terms of and any proposals for legislation to imple- dite construction of the pipeline. United Nations Security Council Resolution ment his recommendations to the Congress SEC. 715. ALASKAN PIPELINE CONSTRUCTION 687 regarding unconditional Iraqi acceptance within 6 months after the expiration of the TRAINING PROGRAM. of the destruction, removal, or rendering Secretary of Energy’s authority to guar- (1) Within six months after enactment of harmless, under international supervision, of antee a loan under section 708. this Act, the Secretary of Labor (in this sec- all nuclear, chemical and biological weapons SEC. 712. CLARIFICATION OF ANGTA STATUS AND tion referred to as the ‘‘Secretary’’) shall and all stocks of agents and all related sub- AUTHORITIES submit a report to the Committee on Energy systems and components and all research, (a) SAVINGS CLAUSE.—Nothing in this sub- and Natural Resources of the United States development, support and manufacturing fa- title affects any decision, certificate, permit, Senate and the Committee on Resources of cilities, as well as all ballistic missiles with right-of-way, lease, or other authorization the United States House of Representatives a range greater than 150 kilometers and re- issued under section 9 of the Alaska Natural setting forth a program to train Alaska resi- lated major parts, and repair and production Gas Transportation Act of 1976 (15 U.S.C. dents in the skills and crafts required in the facilities and has failed to allow United Na- 719g) or any Presidential findings or waivers design, construction, and operation of an tions inspectors access to sites used for the issued in accordance with that Act. Alaska gas pipeline system and that will en- production or storage of weapons of mass de- (b) CLARIFICATION OF AUTHORITY TO AMEND hance employment and contracting opportu- struction. TERMS AND CONDITIONS TO MEET CURRENT nities for Alaskan residents. The report shall (B) routinely contravenes the terms and PROJECT REQUIREMENTS.—Any Federal offi- also describe any laws, rules, regulations and conditions of UNSC Resolution 661, author- cer or agency responsible for granting or policies which act as a deterrent to hiring izing the export of petroleum products from issuing any certificate, permit, right-of-way, Alaskan residents or contracting with Alas- Iraq in exchange for food, medicine and other lease, or other authorization under section 9 kan residents to perform work on Alaska gas humanitarian products by conducting a rou- of the Alaska Natural Gas Transportation pipelines, together with any recommenda- tine and extensive program to sell such prod- Act of 1976 (15 U.S.C. 719g) may add to, tions for change. For purposes of this sub- ucts outside of the channels established by amend, or abrogate any term or condition in- section, Alaskan residents shall be defined as UNSC Resolution 661 in exchange for mili- cluded in such certificate, permit, right-of- those individuals eligible to vote within the tary equipment and materials to be used in way, lease, or other authorization to meet State of Alaska on the date of enactment of pursuit of its program to develop weapons of current project requirements (including the this Act. mass destruction in order to threaten the physical design, facilities, and tariff speci- (2) Within 1 year of the date the report is United States and its allies in the Persian fications), so long as such action does not transmitted to Congress, the Secretary shall Gulf and surrounding regions. compel a change in the basic nature and gen- establish within the State of Alaska, at such (C) has failed to adequately draw down eral route of the Alaska Natural Gas Trans- locations as are appropriate, one or more upon the amounts received in the Escrow Ac- portation System as designated and de- training centers for the express purpose of count established by UNSC Resolution 986 to scribed in section 2 of the President’s Deci- training Alaskan residents in the skills and purchase food, medicine and other humani- sion, or would otherwise prevent or impair in crafts necessary in the design, construction tarian products required by its citizens, re- any significant respect the expeditious con- and operation of gas pipelines in Alaska. sulting in massive humanitarian suffering by struction and initial operation of such trans- Each such training center shall also train the Iraqi people. portation system. Alaskan residents in the skills required to (D) conducts a periodic and systematic (c) UPDATED ENVIRONMENTAL REVIEWS.— write, offer, and monitor contracts in sup- campaign to harass and obstruct the enforce- The Secretary of Energy shall require the port of the design, construction, and oper- ment of the United States and United King- sponsor of the Alaska Natural Gas Transpor- ation of Alaska gas pipelines. dom-enforced ‘‘No-Fly Zones’’ in effect in tation System to submit such updated envi- (3) In implementing the report and pro- the Republic of Iraq. ronmental data, reports, permits, and impact gram described in this subsection, the Sec- (E) routinely manipulates the petroleum analyses as the Secretary determines are retary shall consult with the Alaskan Gov- export production volumes permitted under necessary to develop detailed terms, condi- ernor. UNSC Resolution 661 in order to create un- tions, and compliance plans required by sec- (4) There are authorized to be appropriated certainty in global energy markets, and tion 5 of the President’s Decision. to the Secretary such sums as may be nec- therefore threatens the economic security of SEC. 713. DEFINITIONS. essary, but not to exceed $20,000,000 for the the United States. purposes of this subsection. For purposes of this subtitle: (ii) Further imports of petroleum products from the Republic of Iraq are inconsistent (1) The term ‘‘Alaska natural gas’’ means Mr. GRAHAM proposed an natural gas derived from the area of the SA 3070. with the national security and foreign policy State of Alaska lying north of 64 degrees amendment to amendment SA 2917 pro- interests of the United States and should be North latitude. posed by Mr. DASCHLE (for himself and eliminated until such time as they are not so (2) The term ‘‘Alaska natural gas transpor- Mr. BINGAMAN) to the bill (S. 517) to au- inconsistent. tation project’’ means any natural gas pipe- thorize funding the Department of En- SEC. 2. PROHIBITION ON IRAQI-ORIGIN PETRO- line system that carries Alaska natural gas ergy to enhance its mission areas LEUM IMPORTS. to the border between Alaska and Canada through technology transfer and part- The direct or indirect import from Iraq of (including related facilities subject to the ju- Iraqi-origin petroleum and petroleum prod- nerships for fiscal years 2002 through ucts is prohibited, notwithstanding an au- risdiction of the Commission) that is author- 2006, and for other purposes, as follows: ized under either— thorization by the Committee established by (A) the Alaska Natural Gas Transportation Strike Section 606(1)(3) and replace with UNSC Resolution 661 or its designee, or any Act of 1976 (15 U.S.C. 719–719o); or the following: other order to the contrary. (B) section 704 of this subtitle. ‘‘(3) ELIGIBLE RENEWABLE ENERGY RE- SEC. 3. TERMINATION/PRESIDENTIAL CERTIFI- (3) The term ‘‘Alaska Natural Gas Trans- SOURCE.—The term ‘renewable energy re- CATION. portation System’’ means the Alaska nat- source’ means solar, wind, ocean, or geo- This Act will remain in effect until such ural gas transportation project authorized thermal energy, biomass, municipal solid time as the President, after consultation under the Alaska Natural Gas Transpor- waste, landfill gas, a generation offset, or in- with the relevant committees in Congress, tation Act of 1976 and designated and de- cremental hydropower.’’ certifies to the Congress that— scribed in section 2 of the President’s Deci- (1) Iraq is in substantial compliance with sion. SA 3071. Mr. MURKOWSKI proposed the terms of— (4) The term ‘‘Commission’’ means the an amendment intended to be proposed (A) UNSC Resolution 687 regarding the ac- Federal Energy Regulatory Commission. to amendment SA 2917 proposed by Mr. cess of UN Special Commission inspectors to (5) The term ‘‘President’s Decision’’ means DASCHLE (for himself and Mr. BINGA- suspected Iraqi Weapons of Mass Destruction the Decision and Report to Congress on the MAN) to the bill (S. 517) to authorize program sites; and Alaska Natural Gas Transportation system funding the Department of Energy to (B) UNSC Resolution 986 prohibiting the issued by the President on September 22, 1977 enhance its mission areas through smuggling of petroleum by Iraq in cir- pursuant to section 7 of the Alaska Natural cumvention of the ‘‘Oil-for-Food’’ program; Gas Transportation Act of 1976 (15 U.S.C. technology transfer and partnerships or that 719c) and approved by Public Law 95–158. for fiscal years 2002 through 2006, and (2) resuming the importation of Iraqi-ori- SEC. 714. SENSE OF THE SENATE. for other purposes, which was ordered gin petroleum and petroleum products would It is the sense of the Senate that an Alaska to lie on the table; as follows: not be inconsistent with the national secu- natural gas transportation project will pro- At the appropriate place, insert the fol- rity and foreign policy interests of the vide significant economic benefits to the lowing; United States. United States and Canada. In order to maxi- SEC. 1. SHORT TITLE AND FINDINGS. SEC. 4. HUMANITARIAN INTERESTS. mize those benefits, the Senate urges the (a) This Title can be cited as the ‘‘Iraq Pe- It is the sense of the Senate that the Presi- sponsors of the pipeline project to make troleum Import Restriction Act of 2001.’’ dent should make all appropriate efforts to every effort to use steel that is manufac- (b) FINDINGS.—Congress finds that ensure that the humanitarian needs of the

VerDate Mar 15 2010 20:48 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00111 Fmt 4637 Sfmt 0634 E:\2002SENATE\S21MR2.REC S21MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2304 CONGRESSIONAL RECORD — SENATE March 21, 2002 Iraqi people are not negatively affected by the Commission have been appointed, the percent of the energy produced annually by this Act, and should encourage through pub- Commission shall hold the initial meeting of the qualified wind energy property is con- lic, private, domestic and international the Commission. sumed on the site on which the property is means through the direct or indirect sale, (e) CHAIRPERSON AND VICE CHAIRPERSON.— placed in service or installed. donation or other transfer to appropriate The Commission shall select a Chairperson ‘‘(c) QUALIFIED WIND ENERGY PROPERTY.— non-governmental health and humanitarian and Vice Chairperson from among the mem- For purposes of this section, the term ‘quali- organizations and individuals within Iraq of bers of the Commission. fied wind energy property’ means a quali- food, medicine and other humanitarian prod- (f) INFORMATION AND ADMINISTRATIVE EX- fying wind turbine if— ucts. PENSES.—The Federal agencies specified in ‘‘(1) in the case of an individual, the prop- subsection (b)(3) shall provide the Commis- SEC. 5. DEFINITIONS. erty is installed on or in connection with a (a) ‘‘661 Committee.’’ The term 661 Com- sion such information as the Commission re- dwelling unit which is located in the United quires, and pay such administrative expenses mittee means the Security Council Com- States and which is owned and used as the as the Commission incurs, in carrying out mittee established by UNSC Resolution 661, taxpayer’s principal residence, this section. and persons acting for or on behalf of the ‘‘(2) the original use of which commences (g) DUTIES.— Committee under its specific delegation of with the taxpayer, and (1) STUDY.— authority for the relevant matter or cat- ‘‘(3) the property carries at least a 5-year (A) IN GENERAL.—The Commission shall limited warranty covering defects in design, egory of activity, including the overseers ap- conduct a nationwide study of significant pointed by the UN Secretary-General to ex- material, or workmanship, and, for property price spikes in major United States con- that is not installed by the taxpayer, at least amine and approve agreements for purchases sumer energy products since 1990. of petroleum and petroleum products from a 5-year limited warranty covering defects in (B) ENERGY PRODUCTS.—The Commission the Government of Iraq pursuant to UNSC installation. shall study the prices of— ‘‘(d) OTHER DEFINITIONS.—For purposes of Resolution 986. (i) electricity; (b) ‘‘UNSC Resolution 661.’’ The term this section— (ii) gasoline; UNSC Resolution 661 means United Nations ‘‘(1) QUALIFYING WIND TURBINE.—The term (iii) home heating oil; Security Council Resolution No. 661, adopted ‘qualifying wind turbine’ means a wind tur- (iv) natural gas; and August 6, 1990, prohibiting certain trans- bine of 75 kilowatts of rated capacity or less (v) propane. actions with respect to Iraq and Kuwait. which meets the latest performance rating (c) ‘‘UNSC Resolution 687.’’ The term (C) MATTERS TO BE STUDIED.—The study standards published by the American Wind UNSC Resolution 986 means United Nations shall— Energy Association or the International Security Council Resolution 687, adopted (i) focus on the causes of large fluctuations Electrotechnical Commission and which is April 3, 1991. and sharp spikes in prices, including insuffi- used to generate electricity. (d) ‘‘UNSC Resolution 986.’’ The term cient inventories, supply disruptions, refin- ‘‘(2) PRINCIPAL RESIDENCE.—The term ‘prin- UNSC Resolution 986 means United Nations ery capacity limits, insufficient infrastruc- cipal residence’ shall have the same meaning Security Council Resolution 986, adopted ture, over-regulation or under-regulation, as when used in section 121. April 14, 1995. flawed deregulation, excessive consumption, ‘‘(e) LIMITATION BASED ON AMOUNT OF over-reliance on foreign supplies, insufficient TAX.— SEC. 6. EFFECTIVE DATE. research and development of alternative en- ‘‘(1) IN GENERAL.—The credit allowed under The prohibition on importation of Iraqi or- ergy sources, opportunistic behavior by en- subsection (a) for any taxable year shall not igin petroleum and petroleum products shall ergy companies, and abuse of market power; exceed the excess of— be effective 30 days after enactment of this and ‘‘(A) the sum of the regular tax liability Act. (ii) investigate market concentration, po- (as defined in section 26(b)) plus the tax im- SA 3072. Mr. DURBIN submitted an tential misuse of market power, and any posed by section 55, over amendment intended to be proposed to other relevant market failures. ‘‘(B) the sum of the credits allowable under (2) REPORT.—Not later than 180 days after this part (other than under this section and amendment SA 2917 proposed by Mr. the date of the first meeting of the Commis- subpart C thereof, relating to refundable DASCHLE (for himself and Mr. BINGA- sion, the Commission shall submit to Con- credits) and section 1397E. MAN) to the bill (S. 517) to authorize gress a report that contains— ‘‘(2) CARRYOVER OF UNUSED CREDIT.—If the funding the Department of Energy to (A) a detailed statement of the findings credit allowable under subsection (a) exceeds enhance its mission areas through and conclusions of the Commission; and the limitation imposed by paragraph (1) for technology transfer and partnerships (B) recommendations for legislation, ad- such taxable year, such excess shall be car- for fiscal years 2002 through 2006, and ministrative actions, and voluntary actions ried to the succeeding taxable year and for other purposes; which was ordered by industry and consumers to protect con- added to the credit allowable under sub- sumers (including individuals, families, and section (a) for such taxable year. to lie on the table; as follows: businesses) from future price spikes in con- ‘‘(f) SPECIAL RULES.—For purposes of this On page 523, between lines 16 and 17, insert sumer energy products. section— the following: ‘‘(1) TENANT-STOCKHOLDER IN COOPERATIVE SEC. 1704. CONSUMER ENERGY COMMISSION. SA 3073. Mr. DURBIN submitted an HOUSING CORPORATION.—In the case of an in- (a) ESTABLISHMENT OF COMMISSION.—There amendment intended to be proposed to dividual who is a tenant-stockholder (as de- is established a commission to be known as amendment SA 2917 proposed by Mr. fined in section 216(b)(2)) in a cooperative the ‘‘Consumer Energy Commission’’. DASCHLE (for himself and Mr. BINGA- housing corporation (as defined in section (b) MEMBERSHIP.— 216(b)(1)), such individual shall be treated as MAN) to the bill (S. 517) to authorize (1) IN GENERAL.—The Commission shall be having paid his tenant-stockholder’s propor- comprised of 11 members. funding the Department of Energy to tionate share (as defined in section 216(b)(3)) (2) APPOINTMENTS BY THE SENATE AND enhance its mission areas through of any expenditures paid or incurred for HOUSE.—The majority leader and minority technology transfer and partnerships qualified wind energy property by such cor- leader of the Senate and the majority leader for fiscal years 2002 through 2006, and poration, and such credit shall be allocated and minority leader of the House of Rep- for other purposes; which was ordered appropriately to such individual. resentatives shall each appoint 2 members— to lie on the table; as follows: ‘‘(2) CONDOMINIUMS.— (A) 1 of whom shall represent consumer At the appropriate place, insert the fol- ‘‘(A) IN GENERAL.—In the case of an indi- groups focusing on energy issues; and lowing: vidual who is a member of a condominium (B) 1 of whom shall represent the energy SEC. ll. CREDIT FOR WIND ENERGY PROPERTY management association with respect to a industry. INSTALLED IN RESIDENCES AND condominium which he owns, such individual (3) APPOINTMENTS BY THE PRESIDENT.—The BUSINESSES. shall be treated as having paid his propor- President shall appoint 1 member from each (a) IN GENERAL.—Subpart B of part IV of tionate share of expenditures paid or in- of— subchapter A of chapter 1, as amended by curred for qualified wind energy property by (A) the Energy Information Administra- this Act, is amended by inserting after sec- such association, and such credit shall be al- tion; tion 30C the following new section: located appropriately to such individual. (B) the Federal Energy Regulatory Com- ‘‘SEC. 30D. WIND ENERGY PROPERTY. ‘‘(B) CONDOMINIUM MANAGEMENT ASSOCIA- mission; and ‘‘(a) ALLOWANCE OF CREDIT.—There shall be TION.—For purposes of this paragraph, the (C) the Federal Trade Commission. allowed as a credit against the tax imposed term ‘condominium management associa- (4) DATE OF APPOINTMENTS.—The appoint- by this chapter for the taxable year an tion’ means an organization which meets the ment of a member of the Commission shall amount equal to 30 percent (10 percent after requirements of section 528(c)(2) with respect be made not later than 30 days after the date December 31, 2011) of the amount paid or in- to a condominium project of which substan- of enactment of this Act. curred by the taxpayer for qualified wind en- tially all of the units are used by individuals (c) TERM.—A member shall be appointed ergy property placed in service or installed as residences. for the life of the Commission. during such taxable year. ‘‘(g) BASIS ADJUSTMENT.—For purposes of (d) INITIAL MEETING.—Not later than 20 ‘‘(b) LIMITATION.—No credit shall be al- this subtitle, if a credit is allowed under this days after the date on which all members of lowed under subsection (a) unless at least 50 section for any expenditure with respect to a

VerDate Mar 15 2010 20:48 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00112 Fmt 4637 Sfmt 0634 E:\2002SENATE\S21MR2.REC S21MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 21, 2002 CONGRESSIONAL RECORD — SENATE S2305 residence or other property, the basis of such (F) facilitate the continuation of ongoing to be Assistant Secretary for Inter- residence or other property shall be reduced programs that are sustained by local re- national Affairs of the U.S. Depart- by the amount of the credit so allowed. sources. ment of Treasury. ‘‘(h) APPLICATION OF CREDIT.—The credit (3) COST SHARING.—At least 20 percent of The PRESIDING OFFICER. Without allowed under this section shall apply to the cost of each pilot project described in property placed in service or installed after paragraph (1) shall be provided from State or objection, it is so ordered. December 31, 2001.’’. local sources. COMMITTEE ON FINANCE (b) CONFORMING AMENDMENT.—Subsection (d) REPORT.—On completion of the pro- Mr. REID. Mr. President, I ask unan- (a) of section 1016 (relating to general rule gram, the Secretary shall submit to Con- imous consent that the Committee on for adjustments to basis), as amended by this gress a report that describes the results of Finance be authorized to meet during Act, is amended by striking ‘‘and’’ at the end the program. the session of the Senate on Thursday, of paragraph (34), by striking the period at (e) ENERGY AND BICYCLING RESEARCH the end of paragraph (35) and inserting ‘‘, STUDY.— March 21, 2002, at 10 a.m., to hear testi- and’’, and by adding at the end the following (1) IN GENERAL.—Not later than 2 years mony on ‘‘Corporate Tax Shelters: new paragraph: after the date of enactment of this Act, the Looking Under the Roof.’’ ‘‘(36) in the case of a residence or other Secretary shall enter into a contract with The PRESIDING OFFICER. Without property with respect to which a credit was the National Academy of Sciences for, and objection, it is so ordered. allowed under section 30D, to the extent pro- the National Academy of Sciences shall con- COMMITTEE ON HEALTH, EDUCATION, LABOR, vided in section 30D(g).’’. duct and submit to Congress a report on, a AND PENSIONS (c) CLERICAL AMENDMENT.—The table of study on the feasibility of converting motor sections for subpart B of part IV of sub- vehicle trips to bicycle trips. Mr. REID. Mr. President, I ask unan- chapter A of chapter 1, as amended by this (2) COMPONENTS.—The study shall— imous consent that the Committee on Act, is amended by inserting after the item (A) determine the type and duration of Health, Education, Labor, and Pen- relating to section 30C the following new motor vehicle trips that people in the United sions be authorized to meet for a hear- item: States may feasibly make by bicycle, taking ing on ‘‘IDEA: What’s Good For Kids? ‘‘Sec. 30D. Wind energy property.’’. into consideration factors such as— What Works For Schools?’’ during the (i) weather; (d) EFFECTIVE DATE.—The amendments session of the Senate on Thursday, (ii) land use and traffic patterns; March 21, 2002, at 10 a.m. made by this section shall apply to property (iii) the carrying capacity of bicycles; and placed in service or installed after December (iv) bicycle infrastructure; The PRESIDING OFFICER. Without 31, 2001, in taxable years ending after such (B) determine any energy savings that objection, it is so ordered. date. would result from the conversion of motor COMMITTEE ON HEALTH, EDUCATION, LABOR, vehicle trips to bicycle trips; AND PENSIONS Mr. DURBIN (for himself SA 3074. (C) include a cost-benefit analysis of bicy- Mr. REID. Mr. President, I ask unan- and Ms. COLLINS) submitted an amend- cle infrastructure investments; and imous consent that the Committee on ment intended to be proposed to (D) include a description of any factors Health, Education, Labor, and Pen- amendment SA 2917 proposed by Mr. that would encourage more motor vehicle sions be authorized to meet for a hear- DASCHLE (for himself and Mr. BINGA- trips to be replaced with bicycle trips. ing on ‘‘IDEA: What’s Good For Kids? MAN) to the bill (S. 517) to authorize (f) AUTHORIZATION OF APPROPRIATIONS.— What Works For Schools?’’ during the funding the Department of Energy to There is authorized to be appropriated to carry out this section $6,050,000, of which— session of the Senate on Thursday, enhance its mission areas through (1) $5,000,000 shall be used to carry out pilot March 21, 2002, at 10:30 a.m. technology transfer and partnerships projects described in subsection (c); The PRESIDING OFFICER. Without for fiscal years 2002 through 2006, and (2) $300,000 shall be used by the Secretary objection, it is so ordered. for other purposes; which was ordered to coordinate, publicize, and disseminate the to lie on the table; as follows: results of the program; and COMMITTEE ON INDIAN AFFAIRS On page 403, between lines 12 and 13, insert (3) $750,000 shall be used to carry out sub- Mr. REID. Mr. President, I ask unan- the following: section (e). imous consent that the Committee on SEC. 12ll. CONSERVE BY BICYCLING PROGRAM. f Indian Affairs be authorized to meet on (a) DEFINITIONS.—In this section: Thursday, March 21, 2002, at 9:45 a.m., AUTHORITY FOR COMMITTEES TO in Room 485 of the Russell Senate Of- (1) PROGRAM.—The term ‘‘program’’ means MEET the Conserve by Bicycling Program estab- fice Building to conduct a business lished by subsection (b). COMMITTEE ON BANKING, HOUSING, AND URBAN meeting to be followed immediately by (2) SECRETARY.—The term ‘‘Secretary’’ AFFAIRS a hearing on S. 958, a bill to provide for means the Secretary of Transportation. Mr. REID. Mr. President, I ask unan- the use and distribution of the funds (b) ESTABLISHMENT.—There is established imous consent that the Committee on awarded to the Western Shoshone iden- within the National Highway Traffic Safety Banking, Housing, and Urban Affairs Administration a program to be known as tifiable group under Indian Claims the ‘‘Conserve by Bicycling Program’’. be authorized to meet during the ses- Commission Docket Numbers 326–A–1, (c) PROJECTS.— sion of the Senate on Thursday, March 326–A–3, and 326–K. (1) IN GENERAL.—In carrying out the pro- 21, 2002, at 10 a.m., to conduct an over- The PRESIDING OFFICER. Without gram, the Secretary shall establish up to 10 sight hearing on ‘‘Accounting and In- objection, it is so ordered. pilot projects, subject to appropriations that vestor Protection Issues Raised by COMMITTEE ON THE JUDICIARY are— Enron and Other Public Companies.’’ (A) dispersed geographically throughout Mr. REID. Mr. President, I ask unan- The PRESIDING OFFICER. Without imous consent that the Committee on the United States; and objection, it is so ordered. (B) designed to conserve energy resources the Judiciary be authorized to meet to by encouraging the use of bicycles in place of COMMITTEE ON COMMERCE, SCIENCE, AND conduct a hearing on ‘‘Reforming the motor vehicles. TRANSPORTATION FBI in the 21st Century: Lessons From (2) REQUIREMENTS.—A pilot project de- Mr. REID Mr. President, I ask unani- the Oklahoma City Bombing Case’’ on scribed in paragraph (1) shall— mous consent that the Committee on Thursday, March 21, 2002, in Dirksen (A) use education and marketing to con- Commerce, Science, and Transpor- Room 106 at 9:30 a.m. vert motor vehicle trips to bicycle trips; tation be authorized to meet on Thurs- (B) document project results and energy day, March 21, 2002, at 9:30 a.m. on air- Witness list savings (in estimated units of energy con- served); port capacity expansion plans in the Panel I: Glenn A. Fine, Inspector (C) facilitate partnerships among inter- Chicago area. General, Department of Justice, Wash- ested parties in at least 2 of the fields of— The PRESIDING OFFICER. Without ington, DC; (i) transportation; objection, it is so ordered. Panel II: Robert Chiradio, Executive (ii) law enforcement; COMMITTEE ON FINANCE Assistant Director for Administration, (iii) education; Mr. REID. Mr. President, I ask unan- Federal Bureau of Investigations, De- (iv) public health; imous consent that the Committee on partment of Justice, Washington, DC; (v) environment; and (vi) energy; Finance be authorized to meet during Bob Dies, Chief Technology Officer, (D) maximize bicycle facility investments; the session of the Senate on Thrusday, Federal Bureau of Investigations, De- (E) demonstrate methods that may be used March 21, 2002; at 9:30 a.m., to consider partment of Justice, Washington, DC; in other regions of the United States; and the nomination of Randal K. Quarles, Bill Hooten, Assistant Director for

VerDate Mar 15 2010 20:48 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00113 Fmt 4637 Sfmt 0634 E:\2002SENATE\S21MR2.REC S21MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2306 CONGRESSIONAL RECORD — SENATE March 21, 2002 Records Management, Federal Bureau EXECUTIVE SESSION ARMY of Investigations, Department of Jus- The following named officers for appoint- tice, Washington, DC ment in the United States Army to the grade EXECUTIVE CALENDAR The PRESIDING OFFICER. Without indicated under title 10, U.S.C., section 624: objection, it is so ordered. Mr. REID. Mr. President, I ask unan- To be brigadier general imous consent the Senate proceed to Colonel Kevin T. Ryan, 0000 COMMITTEE ON VETERANS’ AFFAIRS executive session to consider Calendar The following Army National Guard of the Mr. REID. Mr. President, I ask unan- Nos. 695, 739 through 751, 754, 755, and United States officers for appointment in the imous consent that the Committee on the nominations on the Secretary’s Reserve of the Army to the grades indicated Veterans’ Affairs be authorized to meet desk; that the nominations be con- under title 10, U.S.C. section 12203: during the session of the Senate on firmed, the motion to reconsider be To be major general Thursday, March 21, 2002, for a markup laid on the table, the President be im- Brigadier General Jeffrey L. Gidley, 0000 on the nominations of Robert H. mediately notified of the Senate’s ac- Brigadier General Jerry W. Grizzle, 0000 Roswell to be Under Secretary for tion; that any statements be printed in Brigadier General Gus L. Hargett, Jr., 0000 Health of the Department of Veterans the RECORD; and the Senate return to Brigadier General Phillip E. Oates, 0000 Affairs, and Daniel L. Cooper to be legislative session, without any inter- Brigadier General Walter A. Paulson, 0000 Brigadier General Claude A. Williams, 0000 Under Secretary for Benefits of the De- vening action or debate. partment of Veterans Affairs. The The PRESIDING OFFICER. Without To be brigadier general meeting will take place in S–216 of the objection, it is so ordered. Colonel Ronald I. Botz, 0000 Capitol at a time to be determined. The nominations considered and con- Colonel David P. Burford, 0000 The PRESIDING OFFICER. Without firmed are as follows: Colonel James E. Fletcher, 0000 Colonel Alan K. Fry, 0000 objection, it is so ordered. DEPARTMENT OF DEFENSE Colonel Kenneth D. Hislop, 0000 SPECIAL COMMITTEE ON AGING Joseph E. Schmitz, of Maryland, to be In- Colonel Laughlin H. Holliday, 0000 spector General, Department of Defense. Mr. REID. Mr. President, I ask unan- Colonel Hal E. Hunter, III, 0000 AIR FORCE imous consent that the Special Com- Colonel Donald O. Koonce, 0000 The following named officer for appoint- Colonel Robert A. Martinez, 0000 mittee on Aging be authorized to meet ment in the United States Air Force to the Colonel Joseph G. Materia, 0000 on Thursday, March 21, 2002, from 9:30 grade indicated under title 10, U.S.C., section Colonel Thomas J. Shailor, 0000 a.m.–12 p.m.; in Dirksen 628 for the pur- 624: Colonel Roger L. Shields, 0000 pose of conducting a hearing. To be major general Colonel Perry G. Smith, 0000 The PRESIDING OFFICER. Without Brig. Gen. George P. Taylor, Jr., 0000 Colonel Thomas J. Sullivan, 0000 Colonel John J. Weeden, 0000 objection, it is so ordered. The following named officer for appoint- Colonel Mitchell M. Willoughby, 0000 ment in the United States Air Force to the SUBCOMMITTEE ON CRIME AND DRUGS Colonel Patrick D. Wilson, 0000 grade indicated while assigned to a position Colonel Timothy J. Wright, 0000 Mr. REID. Mr. President, I ask unan- of importance and responsibility under title imous consent that the Committee on 10, U.S.C., section 601: The following named United States Army Reserve officer for appointment as Chief of the Judiciary Subcommittee on Crime To be lieutenant general Army Reserve and for appointment to the and Drugs be authorized to meet to Lt. Gen. Bruce A. Carlson, 0000 conduct a hearing on ‘‘Homeland Secu- grade indicated under title 10, U.S.C., sec- The following named officer for appoint- rity: Assessing the Needs of Local Law tions 3038 and 601: ment in the United States Air Force to the To be lieutenant general Enforcement’’ on Thursday, March 21, grade indicated while assigned to a position 2002, at 2:00 p.m., in Dirksen 226. of importance and responsibility under title Maj. Gen. James R. Helmly, 0000 10, U.S.C., section 601: NAVY Witness list To be lieutenant general The following named officer for appoint- Panel I: The Honorable Patrick Lt. Gen. Robert C. Hinson, 0000 ment in the United States Naval Reserve to the grade indicated under title 10, U.S.C., Henry Hays, Mayor; on behalf of the The following named officer for appoint- section 12203: U.S. Conference of Mayors; North Lit- ment in the United States Air Force to the tle Rock, AR; the Honorable Glenda grade indicated while assigned to a position To be rear admiral Hood; Mayor, Past President, National of importance and responsibility under title Rear Adm. (lh) Stephen S. Israel, 0000 League of Cities, Orlando, FL; Chief 10, U.S.C., section 601: The following named officer for appoint- Michael J. Szczerba, Chief of Police, To be lieutenant general ment as Judge Advocate General of the Wilmington Police Department, Wil- Maj. Gen. Duncan J. McNabb, 0000 United States Navy under title 10, U.S.C., section 5148: mington, DE; William J. Johnson, Ex- The following named officer for appoint- ecutive Director, National Association ment in the United States Air Force to the To be judge advocate general of the United grade indicated while assigned to a position States Navy of Police Organizations, Washington, of importance and responsibility under title Rear Adm. Michael F. Lohr, 0000 DC; Sheriff Tommy Ferrell, First Vice 10, U.S.C., section 601: COAST GUARD President, National Sheriffs’ Associa- To be lieutenant general The following named officer for appoint- tion, Adams County, Natchez, MS; Lt. Gen. Joseph H. Wehrle, Jr., 0000 David Muhlhausen, Policy Analyst, ment in the United States Coast Guard Re- The following named officer for appoint- Heritage Foundation, Washington, DC. serve to the grade indicated under title 10, ment in the United States Air Force to the U.S.C., section 12203: The PRESIDING OFFICER. Without grade indicated while assigned to a position To be rear admiral objection, it is so ordered. of importance and responsibility under title 10, U.S.C., section 601: Rear Adm. (lh) Mary P. O’Donnell, 0000 SUBCOMMITTEE ON READINESS AND The following named officer for appoint- MANAGEMENT SUPPORT To be lieutenant general ment as Commandant of the United States Maj. Gen. Thomas B. Goslin, Jr., 0000 Mr. REID. Mr. President, I ask unan- Coast Guard and to the grade indicated imous consent that the Subcommittee The following named officer for appoint- under Title 14, U.S.C., Section 44: ment in the United States Air Force to the on Readiness and Management Support NOMINATIONS PLACED ON THE SECRETARY’S grade indicated while assigned to a position DESK of the Committee on Armed Services of importance and responsibility under title be authorized to meet during the ses- 10, U.S.C., section 601: AIR FORCE sion of the Senate on Thursday, March To be lieutenant general PN1359 Air Force nominations (10) begin- 21, 2001, at 10 a.m., in open and possibly Lt. Gen. Leslie F. Kenne, 0000 ning Timothy S. Claseman, and ending Doug- closed session to receive testimony on las C. Wilson, which nominations were re- The following named officer for appoint- readiness of U.S. Armed Forces for all ceived by the Senate and appeared in the ment in the United States Air Force to the Congressional Record of January 28, 2002. assigned missions, in review of the de- grade indicated while assigned to a position fense authorization request for fiscal PN1361 Air Force nominations (43) begin- of importance and responsibility under title ning Richard E. Bachmann, Jr., and ending year 2003. 10, U.S.C., section 601: Donald R. Yoho, Jr., which nominations were The PRESIDING OFFICER. Without To be lieutenant general received by the Senate and appeared in the objection, it is so ordered. Maj. Gen. William R. Looney, III, 0000 Congressional Record of January 28, 2002.

VerDate Mar 15 2010 20:48 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00114 Fmt 4637 Sfmt 0634 E:\2002SENATE\S21MR2.REC S21MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 21, 2002 CONGRESSIONAL RECORD — SENATE S2307 PN1457 Air Force nomination of David H. PN1467 Army nominations (63) beginning A bill (H.R. 3985) to amend the Act entitled Conroy, which was received by the Senate *Amy M. Bajus, and ending *Antoinette ‘‘An Act to authorize the leasing of re- and appeared in the Congressional Record of Wrightmcrae, Jr., which nominations were stricted Indian lands for public, religious, February 27, 2002. received by the Senate and appeared in the educational, recreational, residential, busi- PN1462 Air Force nominations (93) begin- Congressional Record of February 27, 2002. ness, and other purposes requiring the grant ning Michelle D. Adams, and ending Carol L. PN1501 Army nominations (21) beginning of long-term leases’’, approved August 9, Westfall, which nominations were received *David E. Bentzel, and ending *Shannon M. 1955, to provide for binding arbitration by the Senate and appeared in the Congres- Wallace, which nominations were received clauses in leases and contracts related to sional Record of February 27, 2002. by the Senate and appeared in the Congres- reservation lands of the Gila River Indian PN1463 Air Force nominations (1492) begin- sional Record of March 6, 2002. Community. ning Robert K. Abernathy, and ending An- PN1502 Army nominations (49) beginning There being no objection, the Senate thony J. Zucco, which nominations were re- *Abad Ahmed, and ending *Larry J. ceived by the Senate and appeared in the proceeded to consider the bill. Wooldridge, which nominations were re- Mr. REID. I ask unanimous consent Congressional Record of February 27, 2002. ceived by the Senate and appeared in the PN1468 Air Force nominations (14) begin- Congressional Record of March 6, 2002. the bill be read a third time and ning Wesley J. Ashabranner, and ending PN1503 Army nominations (144) beginning passed, the motion to reconsider be David L. Walton, which nominations were re- Kimberlee A. Aiello, and ending *Chunlin laid on the table, and any statements ceived by the Senate and appeared in the Zhang, which nominations were received by relating to this matter be printed in Congressional Record of February 28, 2002. the Senate and appeared in the Congres- the RECORD. PN1472 Air Force nomination of Michael sional Record of March 6, 2002. The PRESIDING OFFICER. Without Hajatian, Jr., which was received by the Sen- PN504 Army nominations of James R. Kish, objection, it is so ordered. ate and appeared in the Congressional which was received by the Senate and ap- The bill (H.R. 3985) was read the third Record of February 28, 2002. peared in the Congressional Record of March time and passed. PN1473 Air Force nomination of Catherine 6, 2002. S. Lutz, which was received by the Senate PN1531 Army nominations (121) beginning f and appeared in the Congressional Record of *Sharon M. Aaron, and ending Joellen E. DEATH OF THE HONORABLE HER- February 28, 2002. Windsor, which nominations were received PN1474 Air Force nomination of Karen L. MAN E. TALMADGE, FORMERLY by the Senate and appeared in the Congres- Wolf, which was received by the Senate and A SENATOR FROM THE STATE sional Record of March 13, 2002. appeared in the Congressional Record of Feb- OF GEORGIA COAST GUARD ruary 28, 2002. Mr. REID. Mr. President, I ask unan- PN1475 Air Force nominations (3) begin- PN1344 Coast Guard nominations (3) begin- ning Albert G. Baltz and ending Duane Kel- ning Donald E. Bunn, and ending Dale M. imous consent the Senate proceed to logg, Jr., which nominations were received Rausch, which nominations were received by the consideration of S. Res. 231. by the Senate and appeared in the Congres- the Senate and appeared in the Congres- The PRESIDING OFFICER. The sional Record of February 28, 2002. sional Record of January 23, 2002. clerk will report the resolution by PN1476 Air Force nominations (5) begin- PN1357 Coast Guard nominations (223) be- title. ning James C. Demers, and ending Carlos E. ginning David W. Lunt, and ending Mary A. The legislative clerk read as follows: Rodriguez, which nominations were received Wysock, which nominations were received by A resolution (S. Res. 231) relative to the by the Senate and appeared in the Congres- the Senate and appeared in the Congres- death of the Honorable Herman E. Talmadge, sional Record of February 28, 2002. sional Record of February 28, 2002. formerly a Senator from the State of Geor- PN1495 Air Force nominations (7) begin- PN1434 Coast Guard nominations (20) be- gia. ning Derrick K. Anderson, and ending Joseph ginning David M. Butler, and ending John S. There being no objection, the Senate R. Wallroth, which nominations were re- Leyerle, which nominations were received by ceived by the Senate and appeared in the the Senate and appeared in the Congres- proceeded to consider the resolution. Congressional Record of March 6, 2002. sional Record of February 15, 2002. Mr. MILLER. Mr. President, I rise PN1500 Air Force nominations (19) begin- PN1435 Coast Guard nominations (165) be- today to mourn one of this body’s ning Matt Adkins, Jr., and ending Stephen ginning Rebecca L. Albert, and ending Alli- greatest giants—Herman Eugene Tal- M. Wolfe, which nominations were received son L. Zumwalt, which nominations were re- madge. by the Senate and appeared in the Congres- ceived by the Senate and appeared in the The tallest tree in all the Georgia sional Record of March 6, 2002. Congressional Record of February 15, 2002. forest has fallen. And we will never see PN1527 Air Force nomination of Joseph MARINE CORPS another one that stood so tall and had Wysocki, which was received by the Senate and appeared in the Congressional Record of PN1505 Marine Corps nominations (5) be- such strength. All of us in Georgia poli- March 13, 2002. ginning Raymond J. Faugeaux, and ending tics who came after him have worked PN1528 Air Force nominations (3) begin- Marianne P. Winzeler, which nominations in his shade. ning Richard L. Fullerton, and ending Wil- were received by the Senate and appeared in My heart grieves for his wife Linda, liam P. Walker, which nominations were re- the Congressional Record of March 6, 2002. his family and his legion of loyal ceived by the Senate and appeared in the NAVY friends. Congressional Record of March 13, 2002. PN1506 Navy nominations (11) beginning Without question, Herman Talmadge PN1529 Air Force nominations (104) begin- Jennifer R. Flather, and ending Stephen J. was Georgia’s greatest governor of the ning William P. Albro, and ending Delilah R. Williams, which nominations were received Works, which nominations were received by 20th Century. He proposed and passed by the Senate and appeared in the Congres- Georgia’s first sales tax, and that ush- the Senate and appeared in the Congres- sional Record of March 6, 2002. sional Record of March 13, 2002. ered in a new day of State services. No- Signifies nominee’s commitment to ARMY where was the impact greater than in respond to requests to appear and tes- PN1449 Army nominations (23) beginning education. Dewitt T. Bell, Jr., and ending Jon M. tify before and duly constituted com- When Herman Talmadge became Wright, which nominations were received by mittee of the Senate. Governor in 1948, Georgia still had the Senate and appeared in the Congres- f more than 1,750 one-room school sional Record of February 26, 2002. houses. Many other school buildings LEGISLATIVE SESSION PN1450 Army nominations (3) beginning were in a dilapidated State. Bobbie A. Bell, and ending David J. Wel- The PRESIDING OFFICER. Under The major school construction pro- lington, which nominations were received by the previous order, the Senate will re- gram he launched was badly needed. It the Senate and appeared in the Congres- sume legislative session. sional Record of February 26, 2002. changed the state of education in Geor- PN1464 Army nominations of Donald E. f gia. But he did more than just construct Ebert, which was received by the Senate and AMENDING AN ACT TO AUTHORIZE appeared in the Congressional Record of Feb- new school buildings. Governor Tal- ruary 27, 2002. THE LEASING OF RESTRICTED madge also implemented Georgia’s PN1465 Army nominations of Clifford D. INDIAN LANDS first statewide effort to reform edu- Friesen, which was received by the Senate Mr. REID. Mr. President, I ask unan- cation. It was called the Minimum and appeared in the Congressional Record of imous consent the Senate proceed to Foundation Program for Education. February 27, 2002. PN1466 Army nominations of Gregory A. the consideration of H.R. 3985. The result was dramatic improve- Brouillette, which was received by the Sen- The PRESIDING OFFICER. The ment in public education in Georgia— ate and appeared in the Congressional clerk will report the bill by title. increased funding, better-trained, high- Record of February 26, 2002. The legislative clerk read as follows: er-paid teachers, finally, a 9-month

VerDate Mar 15 2010 20:48 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00115 Fmt 4637 Sfmt 0634 E:\2002SENATE\S21MR2.REC S21MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2308 CONGRESSIONAL RECORD — SENATE March 21, 2002 school year, and bus service in rural sell, who chaired the Armed Forces their use later in the day, and there be areas that gave every Georgia child the Committee, gave Georgia the most a period of morning business with Sen- opportunity for an education. powerful presence it has ever had in ators permitted to speak for up to 10 And one other thing I can say person- the U.S. Senate. minutes each. ally concerning education: Senator I will close with this last observa- The PRESIDING OFFICER. Without Talmadge certainly educated me. tion. The ultimate test of any states- objection, it is so ordered. He beat the tar out of me when I ran man is to have a combination of in- against him for the Senate in 1980. And sight and courage. f I have often said I learned more from Herman Eugene Talmadge always PROGRAM that losing race than I did in all the possessed both in abundance. others that I won. Mr. REID. Mr. President, I ask unan- Mr. REID. Mr. President, there will This Senator has a Ph.D. from ‘‘Her- imous consent the resolution be agreed be no rollcall votes tomorrow. man Talmadge University.’’ to and the motion to reconsider be laid f Although it took me a few years to upon the table, without any inter- realize it, I have been a better man and vening action or debate. ADJOURNMENT UNTIL 10 A.M. a better Governor and a better Senator The PRESIDING OFFICER. Without TOMORROW because of what he taught me. objection, it is so ordered. Mr. REID. Mr. President, if there is For example, I never proposed a pro- The resolution (S. Res. 231) was no further business to come before the gram or let anyone else propose some agreed to, as follows: Senate, I ask unanimous consent that ‘‘pie in the sky’’ without asking, How S. RES. 231 the Senate stand in adjournment under much does it cost and how are we going Resolved, That the Senate has heard with the provisions of S. Res. 231 as a fur- to pay for it? profound sorrow and deep regret the an- ther mark of respect to the memory of But we are not here to talk about nouncement of the death of the Honorable the deceased Honorable Herman E. Tal- what he taught me. We are here to pay Herman E. Talmadge, formerly a Senator madge, the late Senator from the State tribute to a Georgia icon, a giant polit- from the State of Georgia. of Georgia. Resolved, That the Secretary of the Senate ical leader, the likes of which we will There being no objection, the Senate, never see again. communicate these resolutions to the House of Representatives and transmit an enrolled at 8:24 p.m., adjourned until Friday, A man who gave and did so much for March 22, 2002, at 10 a.m. our State, our Nation, and our people. copy thereof to the family of the deceased. Resolved, That when the Senate adjourns The Talmadge Administration also today, it stand adjourned as a further mark f left Georgia an economic development of respect to the memory of the deceased NOMINATIONS legacy, an unprecedented highway con- Senator. struction program was undertaken. Mr. REID. Mr. President, I did not Executive nominations received by The Ports Authority and our network know Herman Talmadge, but when I the Senate March 21, 2002: of State farmers’ markets were ex- arrived here in Washington his reputa- BROADCASTING BOARD OF GOVERNORS panded. And the forestry industry ben- tion was evident. Even though what we KENNETH Y. TOMLINSON, OF VIRGINIA, TO BE A MEM- efited from his statewide program of are doing tonight is somewhat perfunc- BER OF THE BROADCASTING BOARD OF GOVERNORS FOR protection and reforestation. A TERM EXPIRING AUGUST 13, 2004, VICE TOM C. tory, it should not take away from the KOROLOGOS, TERM EXPIRED. Governor Talmadge also built a net- many great deeds this man did for the KENNETH Y. TOMLINSON, OF VIRGINIA, TO BE CHAIR- work of hospitals and health centers MAN OF THE BROADCASTING BOARD OF GOVERNORS, State of Georgia and his country, as in- VICE MARC B. NATHANSON. throughout Georgia. And he doubled dicated in the statement by Senator FEDERAL EMERGENCY MANAGEMENT AGENCY State funding for mental health. ZELL MILLER. MICHAEL D. BROWN, OF COLORADO, TO BE DEPUTY DI- Two years after he left the Gov- RECTOR OF THE FEDERAL EMERGENCY MANAGEMENT ernor’s office, he was easily elected to f AGENCY, VICE ROBERT M. WALKER, RESIGNED. the U.S. Senate in 1956 to replace the UNANIMOUS CONSENT AGREE- NATIONAL COUNCIL ON DISABILITY legendary Walter F. George upon his MENT—AMENDMENT NO. 3070 ROBERT DAVILA, OF NEW YORK, TO BE A MEMBER OF retirement. THE NATIONAL COUNCIL ON DISABILITY FOR A TERM EX- Those were big shoes to fill. But Her- Mr. REID. Mr. President, I ask unan- PIRING SEPTEMBER 17, 2003, VICE JOHN D. KEMP, TERM imous consent the Graham amendment EXPIRED. man Talmadge immediately estab- LEX FRIEDEN, OF TEXAS, TO BE A MEMBER OF THE NA- lished himself as an authority on agri- No. 3070 be in order, notwithstanding TIONAL COUNCIL ON DISABILITY FOR A TERM EXPIRING adoption of the Bingaman amendment SEPTEMBER 17, 2004, VICE MARCA BRISTO, TERM EX- cultural programs. In fact, he chaired PIRED. the Agriculture Committee for a dec- No. 3016. YOUNG WOO KANG, OF INDIANA, TO BE A MEMBER OF The PRESIDING OFFICER. Without THE NATIONAL COUNCIL ON DISABILITY FOR A TERM EX- ade—from 1971 through 1980. PIRING SEPTEMBER 17, 2003, VICE DEBRA ROBINSON, objection, it is so ordered. TERM EXPIRED. I will never forget the day I went to KATHLEEN MARTINEZ, OF CALIFORNIA, TO BE A MEM- my first meeting as a member of the f BER OF THE NATIONAL COUNCIL ON DISABILITY FOR A TERM EXPIRING SEPTEMBER 17, 2003, VICE RAE E. Agriculture committee. I sat down at BUDGET COMMITTEE REPORTING UNZICKER, TERM EXPIRED. the table and right behind me was the CAROL HUGHES NOVAK, OF GEORGIA, TO BE A MEMBER TIME OF THE NATIONAL COUNCIL ON DISABILITY FOR A TERM huge magnificent portrait of Senator EXPIRING SEPTEMBER 17, 2004, VICE GINA MCDONALD, Talmadge. I wrote him a note saying Mr. REID. Mr. President, I ask unan- TERM EXPIRED. imous consent on Friday, March 22, the PATRICIA POUND, OF TEXAS, TO BE A MEMBER OF THE that ‘‘he was still in Washington look- NATIONAL COUNCIL ON DISABILITY FOR A TERM EXPIR- ing over my shoulder.’’ Budget Committee have until 4 p.m. to ING SEPTEMBER 17, 2002, VICE ELA YAZZIE-KING, TERM Senator Talmadge was a primary report the budget resolution, notwith- EXPIRED. sponsor of the modern School Lunch standing adjournment of the Senate. NATIONAL INSTITUTE FOR LITERACY ADVISORY BOARD Program, and of the 1972 Rural Devel- The PRESIDING OFFICER. Without objection, it is so ordered. CARMEL BORDERS, OF KENTUCKY, TO BE A MEMBER OF opment Act, which created a system of THE NATIONAL INSTITUTE FOR LITERACY ADVISORY rural hospitals. f BOARD FOR A TERM OF THREE YEARS. (NEW POSITION) In welfare reform, Herman Talmadge DOUGLAS CARNINE, OF OREGON, TO BE A MEMBER OF ORDERS FOR FRIDAY, MARCH 22, THE NATIONAL INSTITUTE FOR LITERACY ADVISORY was ahead of his time. His Talmadge BOARD FOR A TERM OF THREE YEARS. (NEW POSITION) 2002 BLANCA E. ENRIQUEZ, OF TEXAS, TO BE A MEMBER OF Work Incentive Training Act provided THE NATIONAL INSTITUTE FOR LITERACY ADVISORY tax credits as an incentive to hiring Mr. REID. Mr. President, I ask unan- BOARD FOR A TERM OF THREE YEARS. (NEW POSITION) imous consent that when the Senate WILLIAM T. HILLER, OF OHIO, TO BE A MEMBER OF THE welfare recipients. NATIONAL INSTITUTE FOR LITERACY ADVISORY BOARD In its first two years, this law took completes its business today, it ad- FOR A TERM OF ONE YEAR. (NEW POSITION) journ until the hour of 10 a.m. on Fri- ROBIN MORRIS, OF GEORGIA, TO BE A MEMBER OF THE more than one million people off the NATIONAL INSTITUTE FOR LITERACY ADVISORY BOARD welfare rolls nationwide. It resulted in day, March 22; that following the pray- FOR A TERM OF ONE YEAR. (NEW POSITION) er and pledge, the Journal of pro- JUAN R. OLIVAREZ, OF MICHIGAN, TO BE A MEMBER OF a savings of $4 billion dollars. Georgia THE NATIONAL INSTITUTE FOR LITERACY ADVISORY alone saved more than $400 million. ceedings be approved to date, the BOARD FOR A TERM OF ONE YEAR. (NEW POSITION) Without a doubt, his service to- morning hour be deemed expired, the JEAN OSBORN, OF ILLINOIS, TO BE A MEMBER OF THE NATIONAL INSTITUTE FOR LITERACY ADVISORY BOARD gether, with Senator Richard B. Rus- time for the two leaders be reserved for FOR A TERM OF TWO YEARS. (NEW POSITION)

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DEPARTMENT OF LABOR THE FOLLOWING NAMED OFFICER FOR APPOINTMENT AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION IN THE UNITED STATES NAVAL RESERVE TO THE GRADE 601: KATHLEEN P. UTGOFF, OF VIRGINIA, TO BE COMMIS- INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: SIONER OF LABOR STATISTICS, UNITED STATES DE- To be lieutenant general To be rear admiral (lower half) PARTMENT OF LABOR FOR A TERM OF FOUR YEARS, MAJ. GEN. DUNCAN J. MCNABB VICE KATHERINE G. ABRAHAM, TERM EXPIRED. CAPT. THOMAS L. ANDREWS III, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THE JUDICIARY THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE MORRISON C. ENGLAND, JR., OF CALIFORNIA, TO BE IN THE UNITED STATES NAVAL RESERVE TO THE GRADE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION UNITED STATES DISTRICT JUDGE FOR THE EASTERN INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: 601: DISTRICT OF CALIFORNIA, VICE LAWRENCE K. KARLTON, To be rear admiral (lower half) RETIRED. To be lieutenant general AMY J. ST. EVE, OF ILLINOIS, TO BE UNITED STATES CAPT. BEN F. GAUMER, 0000 DISTRICT JUDGE FOR THE NORTHERN DISTRICT OF ILLI- LT. GEN. JOSEPH H. WEHRLE, JR. NOIS, VICE GEORGE W. LINDBERG, RETIRED. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT HENRY E. AUTREY, OF MISSOURI, TO BE UNITED IN THE UNITED STATES NAVAL RESERVE TO THE GRADE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT STATES DISTRICT JUDGE FOR THE EASTERN DISTRICT INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- OF MISSOURI, VICE GEORGE F. GUNN, JR., RETIRED. CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE RICHARD E. DORR, OF MISSOURI, TO BE UNITED To be rear admiral (lower half) AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: STATES DISTRICT JUDGE FOR THE WESTERN DISTRICT CAPT. DAVID L. MASERANG, 0000 OF MISSOURI, VICE D. BROOK BARTLETT, DECEASED. To be lieutenant general DAVID S. CERCONE, OF PENNSYLVANIA, TO BE UNITED IN THE ARMY STATES DISTRICT JUDGE FOR THE WESTERN DISTRICT MAJ. GEN. THOMAS B. GOSLIN, JR. OF PENNSYLVANIA, VICE DONALD J. LEE, RETIRED. THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TIMOTHY J. SAVAGE, OF PENNSYLVANIA, TO BE TO THE GRADE INDICATED IN THE RESERVE OF THE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT UNITED STATES DISTRICT JUDGE FOR THE EASTERN ARMY UNDER TITLE 10, U.S.C., SECTION 12203: IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- DISTRICT OF PENNSYLVANIA, VICE EDWARD N. CAHN, CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE RETIRED. To be colonel AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: DEPARTMENT OF JUSTICE ROBERT G. ANISKO, 0000 OWEN M. BARNHILL, 0000 To be lieutenant general RONALD HENDERSON, OF MISSOURI, TO BE UNITED JOE CROOM, 0000 STATES MARSHAL FOR THE EASTERN DISTRICT OF MIS- JOHN D. GAINES, 0000 LT. GEN. LESLIE F. KENNE SOURI FOR THE TERM OF FOUR YEARS, VICE FLOYD A. EDWARD A. LEACOCK, 0000 KIMBROUGH, RESIGNED. JOHN P. MITCHAM, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- IN THE AIR FORCE TIMOTHY J. REGAN, 0000 DAVID G. SHERRARD, 0000 CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT BRUCE I. TOPLETZ, 0000 601: IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- CRAIG A. WEBBER, 0000 CATED UNDER TITLE 10, U.S.C., SECTION 624: IN THE NAVY To be lieutenant general To be brigadier general THE FOLLOWING NAMED OFFICER FOR APPOINTMENT MAJ. GEN. WILLIAM R. LOONEY III COL. CHARLES J. DUNLAP JR., 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY IN THE ARMY COL. MICHAEL N. MADRID, 0000 UNDER TITLE 10, U.S.C., SECTION 624: THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT To be lieutenant commander IN THE UNITED STATES ARMY TO THE GRADE INDICATED IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- UNDER TITLE 10, U.S.C., SECTION 624: CATED UNDER TITLE 10, U.S.C., SECTION 624: JAMES E. TOCZKO, 0000 To be brigadier general THE JUDICIARY To be brigadier general COL. THOMAS S. BAILEY JR., 0000 BRUCE E. KASOLD, OF VIRGINIA, TO BE A JUDGE OF COLONEL KEVIN T. RYAN COL. RUSSELL J. KILPATRICK, 0000 THE UNITED STATES COURT OF APPEALS FOR VET- THE FOLLOWING ARMY NATIONAL GUARD OF THE COL. DAVID G. YOUNG III, 0000 ERANS CLAIMS FOR THE TERM OF THIRTEEN YEARS. UNITED STATES OFFICERS FOR APPOINTMENT IN THE (NEW POSITION) THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT RESERVE OF THE ARMY TO THE GRADES INDICATED IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- f UNDER TITLE 10, U.S.C., SECTION 12203: CATED UNDER TITLE 10, U.S.C., SECTION 624: To be major general To be brigadier general CONFIRMATIONS BRIGADIER GENERAL JEFFREY L. GIDLEY COLONEL CHRIS T. ANZALONE, 0000 Executive nominations confirmed by BRIGADIER GENERAL JERRY W. GRIZZLE COLONEL DANA T. ATKINS, 0000 BRIGADIER GENERAL GUS L. HARGETT, JR. COLONEL PHILIP M. BREEDLOVE, 0000 the Senate March 21, 2002: BRIGADIER GENERAL PHILLIP E. OATES COLONEL BRUCE E. BURDA, 0000 DEPARTMENT OF DEFENSE BRIGADIER GENERAL WALTER A. PAULSON COLONEL BRADLEY W. BUTLER, 0000 BRIGADIER GENERAL CLAUDE A. WILLIAMS COLONEL ROBERT E. DEHNERT JR., 0000 JOSEPH E. SCHMITZ, OF MARYLAND, TO BE INSPECTOR COLONEL DELWYN R. EULBERG, 0000 GENERAL, DEPARTMENT OF DEFENSE. To be brigadier general COLONEL MAURICE H. FORSYTH, 0000 IN THE COAST GUARD COLONEL RONALD I. BOTZ COLONEL PATRICK D. GILLETT JR., 0000 COLONEL DAVID P. BURFORD COLONEL SANDRA A. GREGORY, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT COLONEL JAMES E. FLETCHER COLONEL GREGORY J. IHDE, 0000 IN THE UNITED STATES COAST GUARD RESERVE TO THE COLONEL ALAN K. FRY COLONEL KEVIN J. KENNEDY, 0000 GRADE INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: COLONEL KENNETH D. HISLOP COLONEL LYLE M. KOENIG JR., 0000 COLONEL LAUGHLIN H. HOLLIDAY COLONEL RONALD R. LADNIER, 0000 To be rear admiral COLONEL HAL E. HUNTER III COLONEL STEPHEN L. LANNING, 0000 REAR ADM. (LH) MARY P. O’DONNELL COLONEL DONALD O. KOONCE COLONEL ERWIN F. LESSEL III, 0000 COLONEL ROBERT A. MARTINEZ COLONEL JOHN W. MALUDA, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT COLONEL JOSEPH G. MATERIA COLONEL MARK T. MATTHEWS, 0000 AS COMMANDANT OF THE UNITED STATES COAST GUARD COLONEL THOMAS J. SHAILOR COLONEL GARY T. MCCOY, 0000 AND TO THE GRADE INDICATED UNDER TITLE 14, U.S.C., COLONEL ROGER L. SHIELDS COLONEL KIMBER L. MCKENZIE, 0000 SECTION 44: COLONEL PERRY G. SMITH COLONEL STEPHEN J. MILLER, 0000 COLONEL THOMAS J. SULLIVAN COLONEL RICHARD Y. NEWTON III, 0000 To be admiral COLONEL JOHN J. WEEDEN COLONEL THOMAS J. OWEN, 0000 VICE ADM. THOMAS H. COLLINS COLONEL MITCHELL M. WILLOUGHBY COLONEL RICHARD E. PERRAUT JR., 0000 COLONEL PATRICK D. WILSON COLONEL POLLY A. PEYER, 0000 THE ABOVE NOMINATIONS WERE APPROVED SUBJECT COLONEL TIMOTHY J. WRIGHT COLONEL DOUGLAS L. RAABERG, 0000 TO THE NOMINEES’ COMMITMENT TO RESPOND TO RE- COLONEL ROBERTUS C. N. REMKES, 0000 QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY THE FOLLOWING NAMED UNITED STATES ARMY RE- COLONEL ERIC J. ROSBORG, 0000 CONSTITUTED COMMITTEE OF THE SENATE. SERVE OFFICER FOR APPOINTMENT AS CHIEF OF ARMY COLONEL MARSHALL K. SABOL, 0000 RESERVE AND FOR APPOINTMENT TO THE GRADE INDI- COLONEL PAUL J. SELVA, 0000 IN THE AIR FORCE CATED UNDER TITLE 10, U.S.C., SECTIONS 3038 AND 601: COLONEL MARK E. STEARNS, 0000 COLONEL THOMAS E. STICKFORD, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT To be lieutenant general IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- COLONEL JOHNNY A. WEIDA, 0000 MAJ. GEN. JAMES R. HELMLY COLONEL THOMAS B. WRIGHT, 0000 CATED UNDER TITLE 10, U.S.C., SECTION 624: IN THE NAVY IN THE ARMY To be major general THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THE FOLLOWING NAMED OFFICER FOR APPOINTMENT BRIG. GEN. GEORGE P. TAYLOR, JR. IN THE UNITED STATES NAVAL RESERVE TO THE GRADE IN THE UNITED STATES ARMY TO THE GRADE INDICATED THE FOLLOWING NAMED OFFICER FOR APPOINTMENT INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: UNDER TITLE 10, U.S.C., SECTION 624: IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- To be major general CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE To be rear admiral AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION REAR ADM. (LH) STEPHEN S. ISRAEL BRIG. GEN. JOHN M. URIAS, 0000 601: IN THE NAVY THE FOLLOWING NAMED OFFICER FOR APPOINTMENT To be lieutenant general AS JUDGE ADVOCATE GENERAL OF THE UNITED STATES THE FOLLOWING NAMED OFFICER FOR APPOINTMENT LT. GEN. BRUCE A. CARLSON NAVY UNDER TITLE 10, U.S.C., SECTION 5148: IN THE UNITED STATES NAVY TO THE GRADE INDICATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND THE FOLLOWING NAMED OFFICER FOR APPOINTMENT To be judge advocate general of the United RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- States Navy To be admiral CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION REAR ADM. MICHAEL F. LOHR ADM. THOMAS B. FARGO, 0000 601: AIR FORCE NOMINATIONS BEGINNING TIMOTHY S. CLASEMAN AND ENDING DOUGLAS C. WILSON, WHICH THE FOLLOWING NAMED OFFICER FOR APPOINTMENT To be lieutenant general NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- IN THE UNITED STATES NAVAL RESERVE TO THE GRADE LT. GEN. ROBERT C. HINSON PEARED IN THE CONGRESSIONAL RECORD ON JANUARY INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: 28, 2002. To be rear admiral (lower half) THE FOLLOWING NAMED OFFICER FOR APPOINTMENT AIR FORCE NOMINATIONS BEGINNING RICHARD E. IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- BACHMANN, JR. AND ENDING DONALD R. YOHO, JR., CAPT. RAYMOND K. ALEXANDER, 0000 CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE WHICH NOMINATIONS WERE RECEIVED BY THE SENATE

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AND APPEARED IN THE CONGRESSIONAL RECORD ON AIR FORCE NOMINATIONS BEGINNING MATT ADKINS, WERE RECEIVED BY THE SENATE AND APPEARED IN THE JANUARY 28, 2002. JR. AND ENDING STEPHEN M. WOLFE, WHICH NOMINA- CONGRESSIONAL RECORD ON MARCH 6, 2002. AIR FORCE NOMINATION OF DAVID H. CONROY. TIONS WERE RECEIVED BY THE SENATE AND APPEARED ARMY NOMINATIONS BEGINNING KIMBERLEE A AIELLO AIR FORCE NOMINATION OF EDWARD A. LAFERTY. IN THE CONGRESSIONAL RECORD ON MARCH 6, 2002. AND ENDING *CHUNLIN ZHANG, WHICH NOMINATIONS AIR FORCE NOMINATIONS BEGINNING MICHELLE D. AIR FORCE NOMINATION OF JOSEPH WYSOCKI. WERE RECEIVED BY THE SENATE AND APPEARED IN THE ADAMS AND ENDING CAROL L. WESTFALL, WHICH NOMI- AIR FORCE NOMINATIONS BEGINNING RICHARD L. FUL- CONGRESSIONAL RECORD ON MARCH 6, 2002. NATIONS WERE RECEIVED BY THE SENATE AND AP- LERTON AND ENDING WILLIAM P. WALKER, WHICH NOMI- ARMY NOMINATION OF JAMES R. KISH. PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY NATIONS WERE RECEIVED BY THE SENATE AND AP- ARMY NOMINATIONS BEGINNING *SHARON M AARON 27, 2002. PEARED IN THE CONGRESSIONAL RECORD ON MARCH 13, AND ENDING JOELLEN E WINDSOR, WHICH NOMINATIONS AIR FORCE NOMINATIONS BEGINNING ROBERT K. ABER- 2002. WERE RECEIVED BY THE SENATE AND APPEARED IN THE NATHY AND ENDING ANTHONY J. ZUCCO, WHICH NOMINA- AIR FORCE NOMINATIONS BEGINNING WILLIAM P. CONGRESSIONAL RECORD ON MARCH 13, 2002. TIONS WERE RECEIVED BY THE SENATE AND APPEARED ALBRO AND ENDING DELILAH R. WORKS, WHICH NOMINA- COAST GUARD NOMINATIONS BEGINNING DONALD E. IN THE CONGRESSIONAL RECORD ON FEBRUARY 27, 2002. TIONS WERE RECEIVED BY THE SENATE AND APPEARED BUNN AND ENDING DALE M. RAUSCH, WHICH NOMINA- AIR FORCE NOMINATIONS BEGINNING WESLEY J. IN THE CONGRESSIONAL RECORD ON MARCH 13, 2002. TIONS WERE RECEIVED BY THE SENATE AND APPEARED ASHABRANNER AND ENDING DAVID L. WALTON, WHICH ARMY NOMINATIONS BEGINNING DEWITT T BELL, JR. IN THE CONGRESSIONAL RECORD ON JANUARY 23, 2002. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- AND ENDING JON M WRIGHT, WHICH NOMINATIONS WERE COAST GUARD NOMINATIONS BEGINNING DAVID W LUNT AND ENDING MARY A WYSOCK, WHICH NOMINA- PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY RECEIVED BY THE SENATE AND APPEARED IN THE CON- TIONS WERE RECEIVED BY THE SENATE AND APPEARED 28, 2002. GRESSIONAL RECORD ON FEBRUARY 26, 2002. IN THE CONGRESSIONAL RECORD ON JANUARY 28, 2002. AIR FORCE NOMINATION OF MICHAEL HAJATIAN, JR. ARMY NOMINATIONS BEGINNING BOBBIE A. BELL AND COAST GUARD NOMINATIONS BEGINNING DAVID M BUT- AIR FORCE NOMINATION OF CATHERINE S. LUTZ. ENDING DAVID J. WELLINGTON, WHICH NOMINATIONS LER AND ENDING JOHN S LEYERLE, WHICH NOMINA- AIR FORCE NOMINATION OF KAREN L. WOLF. WERE RECEIVED BY THE SENATE AND APPEARED IN THE TIONS WERE RECEIVED BY THE SENATE AND APPEARED AIR FORCE NOMINATIONS BEGINNING ALBERT G. CONGRESSIONAL RECORD ON FEBRUARY 26, 2002. IN THE CONGRESSIONAL RECORD ON FEBRUARY 15, 2002. BALTZ AND ENDING DUANE KELLOGG, JR., WHICH NOMI- ARMY NOMINATION OF DONALD E. EBERT. COAST GUARD NOMINATIONS BEGINNING REBECCA L NATIONS WERE RECEIVED BY THE SENATE AND AP- ARMY NOMINATION OF CLIFFORD D. FRIESEN. ALBERT AND ENDING PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY ARMY NOMINATION OF GREGORY A. BROUILLETTE. ALLISON L ZUMWALT, WHICH NOMINATIONS WERE RE- 28, 2002. ARMY NOMINATIONS BEGINNING *AMY M BAJUS AND CEIVED BY THE SENATE AND APPEARED IN THE CON- AIR FORCE NOMINATIONS BEGINNING JAMES C. ENDING *ANTOINETTE WRIGHTMCRAE, JR., WHICH NOMI- GRESSIONAL RECORD ON FEBRUARY 15, 2002. DEMERS AND ENDING CARLOS E. RODRIGUEZ, WHICH NATIONS WERE RECEIVED BY THE SENATE AND AP- MARINE CORPS NOMINATIONS BEGINNING RAYMOND J. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY FAUGEAUX AND ENDING PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY 27, 2002. MARIANNE P. WINZELER, WHICH NOMINATIONS WERE 28, 2002. ARMY NOMINATIONS BEGINNING *DAVID E BENTZEL RECEIVED BY THE SENATE AND APPEARED IN THE CON- AIR FORCE NOMINATIONS BEGINNING DERRICK K. AN- AND ENDING *SHANNON M WALLACE, WHICH NOMINA- GRESSIONAL RECORD ON MARCH 6, 2002. DERSON AND ENDING JOSEPH R. WALLROTH, WHICH TIONS WERE RECEIVED BY THE SENATE AND APPEARED NAVY NOMINATIONS BEGINNING JENNIFER R FLATHER NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- IN THE CONGRESSIONAL RECORD ON MARCH 6, 2002. AND ENDING STEPHEN J WILLIAMS, WHICH NOMINA- PEARED IN THE CONGRESSIONAL RECORD ON MARCH 6, ARMY NOMINATIONS BEGINNING *ABAD AHMED AND TIONS WERE RECEIVED BY THE SENATE AND APPEARED 2002. ENDING *LARRY J WOOLDRIDGE, WHICH NOMINATIONS IN THE CONGRESSIONAL RECORD ON MARCH 6, 2002.

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HONORING CLAIRE NICHOLS rorism. In 1994, Tunisia warned the West of cine, also opened a clinic in the community terrorism’s evils and spoke of the need to fight and Mr. Vega served as a pastor in the local HON. GEORGE RADANOVICH terrorism on a global level. Episcopalian church. Tunisia’s unwavering opposition to terrorism OF CALIFORNIA Years later, the Vegas moved for health has been no more evident than in its response IN THE HOUSE OF REPRESENTATIVES reasons to Arizona, where Mrs. Vega taught to the tragic terrorist attacks of September 11, high school for 22 years before retiring. None- Wednesday, March 20, 2002 2001. Immediately following the attacks, theless, their contributions to the McKinney Mr. RADANOVICH. Mr. Speaker, I rise Tunisia’s President, Zine El Abidine Bel Ali, of- community have been far from forgotten as today to honor the late Claire Nichols, for re- fered his country’s heartfelt condolences to the they continue to be honored and recognized ceiving the 2002 Educator of The Year Award American people and strongly condemned the for their work. attacks and those behind them. President Ben from the Sanger District Chamber of Com- For decades, Mr. and Mrs. Vega have edu- Ali also offered his country’s steadfast support merce. Mrs. Nichols was a dedicated educa- cated and helped to provide our underprivi- for our efforts to bring those responsible to tor, and is being recognized for her tremen- leged children with the opportunity to obtain a justice. dous efforts. basic education. They truly serve as a model As a friend of Tunisia, I again congratulate Claire began teaching Kindergarten in 1955 and inspiration to educators throughout our the Tunisian people on 46 years of independ- at Lincoln Elementary. Shortly thereafter, she nation. left the teaching field to become a mother. ence and would like to share with my col- leagues the insightful words of President Ben While absent from teaching, Mrs. Nichols was f still very active within the school system, serv- Ali, describing the reasons for Tunisia’s suc- ing on the Jackson PTA, and as a Room cess in building a democratic society: A TRIBUTE TO DORITA CLARKE Mother. In 1987 she returned to the class- ‘‘Tolerance is at the heart of our social tradi- room, this time as a second grade teacher for tions as well as a characteristic of Tunisia’s Jackson Elementary School. Claire brought a history. Pluralism, whether religious, cultural, HON. EDOLPHUS TOWNS lot of attention and affection to her students. or political, is ingrained in our society. Tuni- OF NEW YORK sian Moslem and Jews have lived together When her students were sick, she brought IN THE HOUSE OF REPRESENTATIVES them baked goods at home. under the same sky and same state for many Claire’s dedication to and genuine interest in centuries. Each contributed to the building of Wednesday, March 20, 2002 students extended beyond the classroom. She [Tunisia], whose greatness is based on the tol- erance of its people—a tolerance which has Mr. TOWNS. Mr. Speaker, I rise in honor of had a deal with her students that if any of Dorita Clarke in recognition of her commitment them hit a home run she would buy them a been among the highest values governing re- lations between the two parties, as there was and dedication to higher education opportuni- pizza. This deal followed the students from Lit- ties in New York City. tle League all the way through high school. no room for hatred.’’ Donita is a very active member of the com- The football and basketball players also bene- f munity. Along with a full time job with the De- fited from Mrs. Nichols’ generosity in the form TO HONOR MR. AND MRS. VEGA partment of Transportation, Dorita has served of team meals. FOR ALL THEIR HARD WORK IM- as the New York State Committee Woman for Mr. Speaker, I rise today to honor Mrs. PROVING THE LIVES AND EDU- the 22th Assembly District since 1965. In Claire Nichols, for her dedication as an educa- CATION OF YOUTH IN THE HIS- 1997, she co-founded the ‘‘You Can Go to tor and for touching the lives of all her chil- PANIC COMMUNITY College Committee’’ where she continues to dren. I invite my colleagues to Join me in re- serve as the Executive Director. This organi- membering Claire Nichols for her community HON. ED PASTOR zation prepares ninth through twelfth grade service and exemplary life. OF ARIZONA students to take the SAT’s, assists seniors f IN THE HOUSE OF REPRESENTATIVES through the application and financial aid proc- RECOGNIZING THE 46TH ANNIVER- Wednesday, March 20, 2002 ess, and provides workshops on college life. In addition, she arranges college visits to New SARY OF THE REPUBLIC OF Mr. PASTOR. Mr. Speaker, I rise before you York area colleges and tours of some Histori- TUNISIA’S NATIONAL DAY OF today to pay tribute to two outstanding citizens cally Black Colleges and Universities. Many of INDEPENDENCE who have improved the lives and education of the students who have worked with the ‘‘You youth in the Hispanic community. For their Can Go to College Committee’’ have enjoyed commitment and dedication, a new elementary HON. MAURICE D. HINCHEY an easier adjustment to college life and main- OF NEW YORK school will be named in their honor in McKin- tained at least a 3.0 GPA. Once in the pro- ney, Texas. I speak of Jose de Jesus and IN THE HOUSE OF REPRESENTATIVES gram and attending a college, the Committee Maria Luisa Vega, whom I have the distinct Wednesday, March 20, 2002 continues to track students’ progress and peri- honor of knowing and representing in Con- odically sends care packages. Since the in- Mr. HINCHEY. Mr. Speaker, I rise today to gress. honor the Republic of Tunisia and its people Upon arriving in McKinney in 1950, the ception of this tremendous program, over on the 46th anniversary of their National Day Vegas realized that most immigrant children 1,000 students have participated. of Independence. Over the last 46 years, Tuni- had little opportunity to succeed in the public In addition, Ms. Clarke is affiliated with sev- sia has been an outstanding model for devel- school systems. Work in the fields seemed a eral other organizations such as the New York oping countries. It has risen from a fledgling better alternative to the difficulties of inte- State Fraternal Order of Police, Chapter #93; democracy to a nation that is at the forefront grating for these children. However, after vis- United Democratic Club—Executive Board; of instituting an aggressive North African free iting with parents from the community, the Democratic National Committee; Key Women market economy. Vegas decided to build a school specially to of America. Inc.; and York College Advisory The United States and Tunisia have main- assist the newly migrated children. Through Board. tained a strong relationship throughout various fund-raisers, local contributions and Mr. Speaker, Ms. Clarke has dedicated her Tunisia’s history. During the Cold War, Tunisia assistance from the parents, a school was life to giving youth in Brooklyn and throughout was a crucial partner in the Mediterranean built to help students learn and improve their New York City the opportunity to excel in high- Sea. In our struggle against terrorism, dating English skills and provided tutoring on various er education. As such, she is more than wor- back to the early 1990s, Tunisia has been a other subjects. thy of receiving our recognition and I urge my steadfast ally. As early as 1993, Tunisia con- Mrs. Vega, who graduated from the National colleagues to join me in honoring this truly re- demned forms of Islamic extremism and ter- University of Mexico with a degree in medi- markable woman.

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

VerDate 112000 03:39 Mar 22, 2002 Jkt 099060 PO 00000 Frm 00001 Fmt 0626 Sfmt 0634 E:\CR\FM\A21MR8.000 pfrm02 PsN: E21PT1 E394 CONGRESSIONAL RECORD — Extensions of Remarks March 21, 2002 HONORING JIM KNIGHT OF EAST Northwest Indiana, and his legacy will con- torious Service Medal with five oak leaf clus- CHICAGO, INDIANA tinue for generations to come. ters and the Air Force Commendation Medal f with oak leaf cluster. f HON. PETER J. VISCLOSKY TRIBUTE TO COLONEL WALTER M. OF INDIANA WASHABAUGH ON HIS RETIRE- IN HONOR OF BRENDA E. PERRY- IN THE HOUSE OF REPRESENTATIVES MENT FROM THE UNITED FELDER Wednesday, March 20, 2002 STATES AIR FORCE Mr. VISCLOSKY. Mr. Speaker, it is with HON. EDOLPHUS TOWNS great sincerity and pride that I wish to honor HON. JEFF MILLER OF NEW YORK the late Jim Knight of East Chicago, Indiana. OF FLORIDA IN THE HOUSE OF REPRESENTATIVES His dedicated service to the City of East Chi- IN THE HOUSE OF REPRESENTATIVES Wednesday, March 20, 2002 cago and to the entire Northwest Indiana com- Wednesday, March 20, 2002 munity until his unfortunate death in May, Mr. TOWNS. Mr. Speaker, I rise in honor of 1998, has resulted in the city dedicating the Mr. JEFF MILLER of Florida. Mr. Speaker, Brenda E. Perry-Felder in recognition of her new East Chicago Public Safety Building in his on the occasion of his retirement from the dedication and commitment to her family, her name. I had the privilege of knowing Jim for United States Air Force, I want to recognize community and her church. many years, and he was an inspiration to any- Colonel ‘‘Mark’’ Washabaugh for his 30 years Brenda E. Perry was born in Brooklyn, New one who had the privilege to meet him. of dedicated service to our country. In his York in 1940. Brenda attended Our Lady of Jim Knight was born in East Chicago on most recent assignment he serves as the Victory Catholic School, and then went on to March 13, 1925 and spent his youth attending Chief, Inquiries Division, Office of Legislative become one of the first African-Americans to St. Mary’s Elementary School and Catholic Liaison. He manages, on behalf of the Depart- attend Bishop McDonald’s Catholic High Central High School, which is now Bishop Noll ment of the Air Force, all constituent inquiries School. She has spent her life caring for oth- Institute. After graduating from high school, from the White House, Office of the Vice ers. After graduating from high school, Brenda Jim prepared himself for a future in the United President, Members of Congress and State/ attended Kings County Hospital Nursing States military by attending the U.S. Navy local governments. School. As a registered nurse, she held sev- Sonar School in San Pedro, California. He Colonel Washabaugh began his distin- eral positions at a number of different hos- continued his higher education by attending guished Air Force career with the Reserve Of- pitals, including St. Mary’s and Greenpoint Muhlenberg College in Allentown, Pennsyl- ficers Training Corps at the University of Mary- Hospital. vania. land and was commissioned in 1972. He grad- Brenda has been married to her husband, After completing his studies, Jim served his uated from St. Anne’s Academy, Ft. Smith, Ar- Cleon, for almost 25 years. Together they country in the United States Navy from 1943 kansas. He earned a Bachelor of Science de- have three children, Derick, Ronda, and Kim- to 1945. His devoted service during World gree in zoology/biology from the University of berly as well as one adopted daughter, Bren- War II left Jim with a sense of purpose and Maryland in 1972 and a Master of Science de- da, and a stepson, Cleon Jr. She is also the accomplishment, so after the war he decided gree in systems management from the Univer- grandmother of 13 and great grandmother of to re-enlist in the United States Army, where sity of Southern California in 1985. He also at- two. While raising her children, Brenda de- he actively served from 1949 to 1953, and tended Squadron Officers School and Air cided to go back to school to become a teach- then continued his military service in the re- Command and Staff College. er. She was a member of the first class of serves. His first assignment was as an Administra- Medgar Evers College earning a Bachelor of Although his experiences in the military took tion Officer for the 801st Radar Squadron at Science degree in education. She also at- him to many places around the world, Jim Malmstrom AFB, Montana. Following this as- tended Barber-Scotia College. She went on to Knight’s heart was always in Northwest Indi- signment he was Commander of the Head- receive a Master’s in Education from Brooklyn ana. He spent his time exploring many dif- quarters Squadron at Kingsley Field, Oregon. College followed by a Master’s in Supervision/ ferent occupations, including working as an His next assignment took him to Osan AB, Administration from City College and a Prin- ironworker for the Baltimore & Ohio Railroad, Republic of Korea where he served as the Ex- cipal Leadership Certification from Howard earning his real estate license, serving as a ecutive Officer for the Deputy Commander for University. Lake County Deputy Sheriff, and finally as the Resources, 51st Composite Wing (Tactical); Brenda was an outstanding dedicated East Chicago City Controller, a position he followed on as Wing Executive Officer and teacher, principal and advocate for children. held from 1972 until his death in 1998. then as Aide to the Commander 314th Air Di- She worked as a teacher in the Catholic Jim Knight dedicated his personal and pro- vision. Colonel Washabaugh returned to the school system at Our Lady of Victory and New fessional life to making East Chicago and continental United States as the Program Offi- Bed-Stuy Catholic Schools. She went on to Northwest Indiana a better place. He devel- cer, Directorate of Operations and Readiness, work for the New York City Board of Edu- oped a love for politics while lobbying for the Headquarters United States Air Force. His cation in District 23 where she remained for Lake County Fraternal Order of Police. He next assignment took him to MacDlll AFB, over 25 years. One of her greatest career ac- was also involved with many professional as- Florida, where he served as Chief of Protocol complishments occurred early this year. After sociations, including the Indiana Association of for the United States Central Command. In a great deal of hard work, just as she was re- Cities and Towns, the Indiana Controllers’ As- 1983, he returned to Headquarters U.S. Air tiring as its school principal, Brenda was able sociation, the Lake County Convention and Force and served as the Chief of International to have PS 73 removed from the SURR list. Visitor’s Bureau, and the East Chicago Board Programs for Southern Europe. In 1986 he en- Brenda has received countless honors for of Public Works. Jim was also the President of tered the Air Command and Staff College at her hard work and dedication. In 1986, 1992, the East Chicago Waterway Management Dis- Maxwell AFB, Alabama, as a student. Upon and 1995, she received the ‘‘Outstanding trict. graduation he became Chief of Protocol, Leadership Award from District 23’’; in 1991, When he was not with his wife, June, their Headquarters U.S. European Command at she received the ‘‘Key Women of America six children and twelve grandchildren, Jim Patch Barracks, Germany. In 1989 he re- Education Award’’; in 1993, 1998, and 1999 spent much of his personal time as a member turned to the continental United States as she was given the Rachel Jean Mitchell Award of various social clubs. He was the Past Ex- Chief of Branch 1 in the Office of Legislative for her Outstanding Service to Students in Dis- alted Ruler of East Chicago Elks Lodge #981, Liaison, Headquarters U.S. Air Force. His next trict 23; in 1994, she was honored with the and was a member of the East Chicago Good- assignment was at the Air Education and Malcom X-Betty Shabazz Award for Out- fellows Club, American Legion Post 369, and Training Command at Randolph AFB, Texas standing Service to Children; in 1997, she also many others. as the Chief of Communications and Strategic received the Barbara Scotia College Alumni Mr. Speaker, at this time I ask that you and Information Planning. He returned to the DC Award for Outstanding Service to Children; my other distinguished colleagues join me in area to serve as Chief of the Business Sys- and in 1999, the New York City School system honoring Jim Knight and commending the City tems Division for the Air Force Communica- acknowledged her career achievements with of East Chicago for dedicating their new public tions and Information Center. He was as- the Chancellor’s Leadership Award as Prin- safety building in the memory of an out- signed to his present position in 1999. cipal of the Year. standing citizen of the East Chicago commu- Colonel Washabaugh’s military awards and Brenda E. Perry-Felder has committed her- nity. Jim devoted his time to improving the decorations include the Defense Meritorious self as a parent, student, and teacher to hard quality of life in his native city, as well as Service Medal with an oak leaf cluster, Meri- work and outstanding accomplishments. Her

VerDate 112000 03:39 Mar 22, 2002 Jkt 099060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A20MR8.001 pfrm02 PsN: E21PT1 March 21, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E395 motto is, ‘‘If I can help somebody along the Until he received the call to the ministry, I was also unavoidably detained for Roll Call way then my living will not have been in vain.’’ Reverend Jackson openly admits his early No. 67, H.R. 2509, the Bureau of Engraving Mr. Speaker, Brenda E. Perry-Felder has years in Gary were spent enjoying the frivol- and Printing Security Printing Amendments helped many and her life is not in vain. As ities in life. At the age of 22, eager to set him- Act of 2001. Had I been present I would have such, she is more than worthy of receiving this self on the path of success, he offered his voted ‘‘yea.’’ recognition today and I urge my colleagues to skills as a welder to Gebraltar Insurance Com- I was also unavoidably detained for Roll Call join me in honoring this truly remarkable pany; later he secured other positions, first at No. 68, H.R. 2804, the James R. Browning woman. Reliable Cab, and then at the Budd Plant. It United States Courthouse Designation Act. f was while at the Budd Plant that he accepted Had I been present I would have voted ‘‘yea.’’ his call to the ministry. Incidentally, this call f HONORING DAVID SULENTA came disguised as a church hymn: while play- A TRIBUTE TO CATHERINE WATTS- ing poker with friends, Reverend Jackson be- COLEMAN HON. GEORGE RADANOVICH came agitated when a man began walking OF CALIFORNIA room to room singing these songs. He fol- IN THE HOUSE OF REPRESENTATIVES lowed the man, intending to ask him to quiet HON. EDOLPHUS TOWNS Wednesday, March 20, 2002 down, but instead discovered the verses sung OF NEW YORK stirred a passion within his soul that has yet IN THE HOUSE OF REPRESENTATIVES Mr. RADANOVICH. Mr. Speaker, I rise Wednesday, March 20, 2002 today to honor David Sulenta for receiving the to be quelled. Under the direction of Reverend 2002 Fire Personnel of the Year Award from L.J. Harris and the New Mount Moriah Mis- Mr. TOWNS. Mr. Speaker, I rise in honor of the Sanger District Chamber of Commerce. sionary Baptist Church, Reverend Jackson Catherine Watts-Coleman in recognition of her David joined the Sanger Fire Department freed himself from the entanglements compli- contribution to her family and her community. October 30, 1979. He began as a Firefighter/ cating his life and set his feet upon this path Catherine, a native of North Carolina, relo- EMT and was promoted to Firefighter/Spe- of righteousness. cated to Brooklyn with her parents and two cialist soon after. Aside from Mr. Sulenta’s Knowing his congregation would benefit siblings after receiving her high school di- contributions as an outstanding person, he from a minister well versed in spiritual, as well ploma from the Morningside High School in has initiated many programs for the Sanger as secular affairs, Reverend Jackson began to Statesville, North Carolina. Upon arriving in Fire Department. He brought about the routine challenge himself intellectually. He attended Brooklyn, Catherine enrolled in the Central testing of the self-contained breathing appa- Chicago Baptist Institute and completed his School for Practicing Nursing. After grad- ratus and he developed specifications for the GED, but his hunger for this intellectual devel- uating, she went on to work at the Harlem Eye new exhaust system which removes diesel ex- opment remained insatiable. Bolstered by his and Ear Hospital, Lutheran Hospital, and haust fumes from the apparatus floor when renewed faith in God and in himself, Reverend Sheephead Bay Nursing Home. In 1950, Catherine married the late Bryant fire engines drive out of the firehouse. More- Jackson enrolled in Indiana Christian Univer- Coleman and was blessed with two wonderful over, David was active in obtaining equipment sity, where he attained not only a bachelor’s children, Wayne and Lance. In rearing her for new fire engines. His achievements and degree, but successfully earned a master’s degree in religious arts. children, she became more active in the contributions have not gone unrecognized by Brooklyn community. Her motto is ‘‘parents his peers. The officers of the department have Reverend Jackson’s devotion to the Baptist Church is best reflected by the distinguished must be actively involved in the social, edu- selected him as ‘‘Employee of the Quarter’’ cational, and spiritual life of their children in many times and this is the second time he has positions he has held and by the awards he has garnered during his 36 years in the min- order for them to grow up and become re- been honored as the Fire Personnel of the sponsible contributing members of society.’’ Year. istry. He served as the president of the Gen- eral Missionary Baptist state convention and Catherine grew up in a caring, loving and Mr. Speaker, I rise today to congratulate Mr. spiritual household and she continues to al- David Sulenta for his contributions to the San- the Indiana state convention. He lent his reli- gious expertise to the National Baptist Con- ways put God first in her life. Her daily medita- ger Fire Department. I invite my colleagues to tion includes the 23rd and 121st Psalms, and join me in thanking David for his active in- vention, where he participated as an active board member. The culmination of his many the 14th Chapter of St. John. With that com- volvement within the community and wishing mitment to her community, she continues to him many more years of continued success. years of dedicated service to the Baptist Church was achieved in 1998, when Indiana be a tithing member of her childhood church, f Governor Frank O’Bannon honored him with the Church of the Living God in Statesville, CONGRATULATIONS TO REVEREND the Sagamore of Wabash Award, the highest North Carolina, and alternates weekly worship F. BRANNON JACKSON IN CELE- award the governor can bestow upon a cit- between Nazarene Temple and Faith Holy Churches in Brooklyn. BRATION OF 36TH YEAR IN MIN- izen. Today, Catherine is a happy retiree who ISTRY Mr. Speaker, I ask that you and my other continues to reach out and touch the lives of distinguished colleagues join me in honoring others by happily volunteering her time. One Reverend F. Brannon Jackson as he observes HON. PETER J. VISCLOSKY of her greatest joys is talking about her six his 36th year in the ministry. His commitment OF INDIANA grandchildren, Zuri, Maurice, Larissa, Lauren, to his faith, as well as his selfless contribu- IN THE HOUSE OF REPRESENTATIVES Lance Jr., and Latrice. She is also proud of tions to his congregation, is worthy of our Wednesday, March 20, 2002 her daughter-in-laws, nieces, and nephews commendation. Reverend Jackson is one of who are an integral part of her life. Mr. VISCLOSKY. Mr. Speaker, it is with many extraordinary examples of leadership great honor and esteem that I wish to con- Mr. Speaker, Catherine Watts-Coleman has and integrity characteristic of the citizenry of devoted her life to serving her family and her gratulate Reverend F. Brannon Jackson, who Northwest Indiana. is celebrating his 36th year in the ministry. As community. As such, she is more than worthy f the congregation at Calvary Institutional of receiving our recognition today and I urge Church will attest, this praise is well deserved. PERSONAL EXPLANATION my colleagues to join me in honoring this truly Having overcome many obstacles in his life, remarkable woman. Reverend Jackson serves as a role model for HON. BOB RILEY f those wishing to start their life afresh and to OF ALABAMA HONORING DOUG PERRY have a positive influence over the lives of oth- IN THE HOUSE OF REPRESENTATIVES ers. To the benefit of Northwest Indiana, Rev- Wednesday, March 20, 2002 HON. GEORGE RADANOVICH OF CALIFORNIA erend Jackson’s arrival in Gary was, in his Mr. RILEY. Mr. Speaker, I was unavoidably IN THE HOUSE OF REPRESENTATIVES own words, ‘‘God’s will.’’ In 1946, after serving detained for Roll Call No. 65, on approving the in the military, he planned to visit his cousins journal. Had I been present I would have Wednesday, March 20, 2002 in the city while en route to San Francisco. voted ‘‘yea.’’ Mr. RADANOVICH. Mr. Speaker, I rise Once here, this young man from Mobile, Ala- I was also unavoidably detained for Roll Call today to honor Mr. Doug Perry, principal of El bama abandoned his plans to travel west, for No. 66, H. Res, 368, Commending the Pen- Capitan Middle School, for receiving a nomi- he felt strangely drawn to this area, in spite of tagon Renovation Program. Had I been nation for the Educator of the Year Award its differences from his native state. present I would have voted ‘‘yea.’’ from the California League of Middle Schools.

VerDate 112000 03:39 Mar 22, 2002 Jkt 099060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A20MR8.005 pfrm02 PsN: E21PT1 E396 CONGRESSIONAL RECORD — Extensions of Remarks March 21, 2002 Principal Perry has served El Capitan for 23 nuts, raisins and other nutritional food. Some Finally Mr. Speaker, I would like to note that years as a principal, and 9 years as a physical even contained wool hats and t-shirts. On De- Mrs. Chase is married to Keith Anderson education teacher. He administered the transi- cember 21, 2001, with the help of the Ann Chase, and is the proud mother of two chil- tion to a year round school schedule and the Arbor Veterans Administration Hospital, Drew dren. reinstatement of the regular school year and his family distributed the kits, along with A beacon of dignity and compassion and a schedule. Doug is also an innovative leader; a note attached to each that read, ‘‘Dear Vet- pillar of her community and family, in all that he recognized the necessity of technological eran, Thank you for serving our country.’’ she has done Mrs. Chase has always put oth- improvements as a vital resource for students Even though Drew was planning his project ers first; she has always been giving, always and teachers. Mr. Perry has supported various well before the tragic events of September caring. Her selfless commitment to serving programs for his students, such as the dis- 11th, his hard work and compassion for our those in need has touched many lives and trict’s promotion/retention/intervention pro- veterans took on special meaning after that had a tremendously positive affect on her grams. Principal Perry has been an instru- terrible day. The attacks of September 11th community. Mrs. Joyce Yvonne Chase is truly mental and charismatic leader in his commu- were meant to create fear in every American, an exemplary citizen worthy of our praise. I nity, and has earned much respect from his especially our children. Yet, the terrorists who urge my colleagues to join me in honoring her. colleagues. carried out those evil acts have succeeded in Mr. Speaker, I rise today to congratulate only strengthening our resolve as Americans. f Doug Perry for his nomination for the 2001 It is also clear, through Drew’s great example, Educator of the Year Award. I invite my col- that our nations greatest resource, our youth, GREEK INDEPENDENCE DAY leagues to join me in thanking Mr. Perry for is as strong, brave, and as bright as they have his outstanding service to the community and ever been. SPEECH OF wishing him many more years of continued Mr. Speaker, this young man exemplifies HON. HILDA L. SOLIS success. the spirit of every American at this time in our history. He has set a wonderful example that OF CALIFORNIA f every American can follow. I ask that my col- IN THE HOUSE OF REPRESENTATIVES GREEK INDEPENDENCE DAY leagues join with me in saluting Drew’s devo- Tuesday, March 19, 2002 tion to our country and to its veterans, who SPEECH OF themselves have paid such an incredible price Ms. SOLIS. Madam Speaker, I rise today as so that we may continue to live in freedom. a Member of the Hellenic Caucus to recognize HON. JOHN F. TIERNEY the great nation of Greece and celebrate its f OF MASSACHUSETTS 181st anniversary of independence from the IN THE HOUSE OF REPRESENTATIVES IN HONOR OF MRS. JOYCE YVONNE Ottoman Empire. Tuesday, March 19, 2002 CHASE We all know of ancient Greece as the birth- place of democratic ideals, from Solon, the Mr. TIERNEY. Madam Speaker, I rise today HON. EDOLPHUS TOWNS lawmaker who framed Athens’ Constitution; to in honor of the 181st anniversary of Greek OF NEW YORK Pericles, the leader of that City-State’s demo- independence that will take place on March IN THE HOUSE OF REPRESENTATIVES cratic political movement; and the philoso- 25th. As a member of the Congressional Cau- Wednesday, March 20, 2002 phers Socrates and Plato. cus on Hellenic Issues, I once again join my However, 181 years ago Greece engineered Mr. TOWNS. Mr. Speaker, I rise today in colleagues in paying tribute to the Greek na- a new democratic movement by overthrowing honor of Mrs. Joyce Yvonne Chase, member tion and its people. the Ottoman Empire which had ruled the na- of the Kings County Hospital Community Advi- As we all know, ancient Greece was the tion for more than 400 years and declaring sory Board and the NAACP 100 Black fountain of democratic ideals and values for independence. the rest of the world, and on the day of her Women, devoted parishioner of the John Wes- The war for independence began on March Independence, we are again reminded of our ley United Methodist Church and a dedicated 25, 1821, in the monastery of Hagia Lavra, duty to strive for and defend freedom. community leader, in recognition of the nearly Kalavryta. We are also reminded of the debt of grati- five decades of compassionate and selfless It was here that Germanos, the bishop of tude we owe to the country upon which our service she has contributed to her community. Paleon Patron, raised the banner of the revo- democratic process is founded, while also rec- A native of Guyana, Mrs. Chase migrated to lution and blessed the arms of the captains of ognizing the strong support modern day the United States in 1953. She began her ca- the revolting Greeks. Greece has given us in our battle with terror. reer as a nurse’s aide at the Jewish Chronic The Greeks’ struggle for freedom inspired Indeed, the people of Greece and all Greek Disease Hospital, and after five years of de- many Americans, who noted the parallels to Americans have cause to celebrate their voted service, joined the staff of Brooklyn’s our own revolutionary battle just 46 years achievements on this day of Independence. Kings County Hospital. Through continued On behalf of the people of the Sixth Con- education and hard work, while at Kings prior. gressional district of Massachusetts, I wish to County Hospital, Mrs. Chase progressed from In fact, many Americans left our country to extend congratulations to the people of nurse’s aide to licensed practical nurse and fight for Greek independence, and the U.S. Greece and all people of Greek heritage in the then to Registered Nurse, the position from Congress also provided financial assistance United States on this important holiday. which she retired in 1993 after forty years of for the war effort. And today, many citizens of Greek de- f enthusiastic, kind-hearted and loving service— service that made a difference in the lives of scent—including nearly 1,000 in my district, PAYING TRIBUTE TO DREW countless individuals and families. the 31st District of California—call the United SHAPIRO After retiring from her career in nursing in States their home. 1993, Mrs. Chase continued to carry out her Indeed, with more than 3 million people of HON. MIKE ROGERS commitment to care and service of the less Greek descent living in the United States, our OF MICHIGAN fortunate as a dedicated volunteer. Since commitment to this great Hellenic nation has not diminished. IN THE HOUSE OF REPRESENTATIVES 1993, Mrs. Chase has volunteered as a mem- ber of the Auxiliary of Kings County Hospital Indeed, it grows stronger every day. Wednesday, March 20, 2002 Center, spearheaded the hospital’s One Hun- From our mutual efforts to establish peace- Mr. ROGERS of Michigan. Mr. Speaker, I dred and Sixty-fifth Anniversary Celebration, ful relations in the Balkans to the transfer of rise today to pay tribute to Drew Shapiro, an which raised $126,000 to enable the further the Olympic Games from Salt Lake City to eighth grader from Fenton, MI. In June, 2001, development of the New Bed Tower of Kings Athens, the United States and Greece have for his charitable Bar Mitzvah project, Drew County Hospital, and personally organized a worked hand-in-hand. chose to create snack kits to be distributed to fundraiser for Rhonda Armstrong, a twelve It is my hope that this relationship will grow homeless veterans in Flint and Ann Arbor, year old Guyanan native with a brain tumor. and prosper as the years continue. Michigan as well as Toledo, Ohio. Mrs. Chase also continues to coordinate an I urge all of my colleagues to join me in When the project was finished Mr. Speaker, Annual Thanksgiving Party for the children of commemorating Greek Independence Day and he had collected enough donated items and Bedford Stuyvesant, volunteers at the Brook- saluting the people of Greece for their con- money to assemble over 600 individual snack lyn’s Children’s Museum, and fulfills her role tributions to our own wonderful nation and the kits containing canned tuna, snack mix, candy, as the pillar of her family. world.

VerDate 112000 03:39 Mar 22, 2002 Jkt 099060 PO 00000 Frm 00004 Fmt 0626 Sfmt 0634 E:\CR\FM\A20MR8.010 pfrm02 PsN: E21PT1 March 21, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E397 IN HONOR OF THE 90TH ANNIVER- of this issue. The question for Congress to de- working with my friends on both sides of the SARY OF THE GIRL SCOUTS OF cide is whether we continue to indulge our old, aisle to give all Americans the health care THE U.S.A. deep-seated prejudices against the mentally ill they need and deserve. or whether policy catches up with science. f HON. JOSEPH M. HOEFFEL We will hear that parity is too expensive. I am confident that nobody in this Congress HONORING JERRY LEE BRYANT, OF PENNSYLVANIA COMMUNITY LEADER AND FRIEND IN THE HOUSE OF REPRESENTATIVES would countenance rationing health care for cancer or asthma. Like mental illnesses, these Wednesday, March 20, 2002 are potentially fatal, frequently treatable, HON. BOB BARR Mr. HOEFFEL. Mr. Speaker, I rise to com- chronic diseases. Unlike cancer and asthma OF GEORGIA memorate the 90th Anniversary of Girl Scouts patients, however, most Americans suffering IN THE HOUSE OF REPRESENTATIVES of the U.S.A. This valuable organization has from mental illnesses find that their health Wednesday, March 20, 2002 been empowering young women to develop plans hinder access to necessary medical Mr. BARR of Georgia. Mr. Speaker, the City leadership skills, along with a sense of deter- treatment. of Rome, Georgia, as well as the entire north- mination, self-reliance and teamwork since If we would not tell asthma or cancer pa- west Georgia community, lost a great friend, a 1912. tients that their coverage is too expensive, member of the Rome City Commission, and a Today, the Girl Scouts of the U.S.A. have why would we say that to the mentally ill? Es- champion to many who grew up spending over 3.8 million members throughout the sentially, we are asking our constituents with much of their time at the Rome YMCA. On United States. In my district alone, 10,000 mental illness to sacrifice potentially life-saving March 5, 2002, Jerry Lee Bryant, as described Girls Scouts are able to acquire the self-con- treatment in order to keep health care costs by the Director of the local YMCA, was a ‘‘Liv- fidence and expertise that is needed to distin- down for everybody else. The unfairness of ing Legend,’’ passed away. guish themselves as leaders in their commu- that request is manifest. A native of Corbin, Kentucky, Jerry grad- nities. We don’t ask cancer patients to bear that uated from the University of Louisville after I commend the Girl Scouts of Southeastern burden. We don’t ask any other patients to serving with the U. S. Air Force during the Ko- Pennsylvania and the Girl Scouts of Freedom bear that burden. And that’s why this debate rean War. He began his career with the YMCA Valley for their outstanding accomplishments is not about cost. It’s about prejudice. in Waycross, Georgia, in 1953. In 1960, he in the areas of leadership, community service We will hear that if we pass parity, mental was one of 32 ‘‘Y’’ directors from across the and personal development. Both of these health care will be abused. This argument is United States chosen to serve as a leader for chapters offer young women in Montgomery a red herring. It is an invocation of the stereo- the YMCA World Youth Conference in Hol- County, Pennsylvania the opportunity to de- types that good people rely on to justify look- land. velop life skills that will enable them to be- ing the other way in the face of injustice. We Jerry had a passion for the YMCA, his come confident and caring adults. should not fall for it. church, his community, the City of Rome, and For 90 years, the Girls Scouts of the U.S.A. We have a strong science base and the au- its schools and young people. Many men who have had a positive impact on the lives of thority of the Surgeon General, NIH, AMA, and grew up in the Y thought of him as a sub- countless young women nationwide. It is my Nobel Laureates saying mental illnesses are stitute father. hope that the Girl Scouts of the U.S.A. con- diseases on par with physical ailments. We Jerry and his lovely wife Martha came to tinue these strong traditions for the next 90 have experience in dozens of states and the Rome in 1962. Jerry became Director of the years and beyond. federal employees’ health program showing Rome YMCA and Martha served as the Y’s f that parity results in a more efficient use of program director. He remained with the local Y mental health resources. for 30 years, and during that time he led the THE MENTAL HEALTH EQUITABLE So I ask you, as you consider the merits of YMCA board in a building project that doubled TREATMENT ACT this bill, don’t let the issue get muddied. I be- the size of the Y facility. He was instrumental lieve the choice is simple. On the one hand is in leading the YMCA in its purchase of Camp HON. PATRICK J. KENNEDY the status quo. It’s the denial of medically nec- Glen Hollow in 1989. Grown men now remem- OF RHODE ISLAND essary care because of stereotypes and preju- ber Jerry as their ‘‘daddy’’; a hero; one who IN THE HOUSE OF REPRESENTATIVES dice. It’s suicide and lost jobs and broken made an impression on their lives; a second lives. It’s stories like that of Molly Close from father. Following his retirement in 1991, Jerry Wednesday, March 20, 2002 Louisville, Kentucky, who wrote: spent the majority of his time serving his com- Mr. KENNEDY of Rhode Island. Mr. Speak- In 1998 1 was hospitalized 3 times for de- munity and assisting his wife, Martha, in her er, I am pleased to be here today celebrating pression with suicidal intent. Each hos- business, Bryant & Garrett Travel Agency. He introduction of the Mental Health Equitable pitalization was terminated, not because my was the first chairman of the Heart of the Treatment Act with my good friend from New doctor felt I was ready to leave, but because Community Board of Governors, a Seventh my insurance company refused to pay for Jersey, Mrs. ROUKEMA. Too many Americans District STAR Student chairman, and he further treatment. When I left the hospital have been waiting too long for equal access to the last time, I was still severely depressed. served on the board of the Floyd Medical Cen- the health care they need. I hope by intro- I was not healthy enough to return to my ter Health Care Foundation. Jerry also was a ducing this compromise mental health parity teaching career of 24 years. Since I had ex- past president of the Rome Rotary Club, and bill we can make it happen this year. hausted all my leave days, I was forced to re- served as chairman of the Administrative I could give you statistics about the preva- sign my job.... Board and Board of Trustees of Rome First lence of mental illnesses and cost of insur- It is time to end the discrimination that the United Methodist Church. ance discrimination, but the bottom line is that Molly Closes of this country face. Jerry’s wife, Martha, his children, Chuck parity is about people’s lives. Tracy Mixson of Our earlier parity bill, H.R. 162, has 203 co- Bryant and Lee Ann Bryant Edwards, as well Asheville, North Carolina watched the down- sponsors. We have heard the concerns of em- as two grandchildren, have lost a wonderful ward spiral of her friend, Jeff. He exhausted ployers about cost and the need for flexibility husband, a tremendous father, and a grand- his health insurance and ran out of medica- and that’s why we are here today introducing father, who loved them dearly. The citizens of tion. He tried to see another doctor, but this compromise bill. This new legislation Rome and Floyd County have lost a great couldn’t afford the costs and had to stop makes a major concession in dropping sub- leader. I have lost a good friend. going. In her words, ‘‘I watched him suffer for stance abuse. It contains explicit guarantees f a little while, and then it was over. He ended that plans can manage benefits. It protects the DELAY IMPLEMENTATION OF his life.’’ rights of health plans to set medical necessity FARM SECURITY ACT UNTIL This issue is not complicated. Our bill is a criteria. A majority of the House supported NEXT YEAR civil rights bill. It recognizes that prejudice dis- these parity provisions last year during the ap- torts the markets and requires intervention. It propriations process and I’m hopeful that we HON. J. RANDY FORBES reflects the best values on which this country will have a chance to see whether a majority OF VIRGINIA was built, principles of inclusion and oppor- will support it on the Floor this year. IN THE HOUSE OF REPRESENTATIVES tunity for all Americans. Let’s give the 54 million Americans with Discrimination in any form is a stain on the mental disorders full access to the American Wednesday, March 20, 2002 equality that makes this nation great. And Dream. This bill is the right thing for them and Mr. FORBES. Mr. Speaker, I understand make no mistake, discrimination is at the heart the right thing for our nation. I look forward to that yesterday the lead negotiators for the

VerDate 112000 03:39 Mar 22, 2002 Jkt 099060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A20MR8.014 pfrm02 PsN: E21PT1 E398 CONGRESSIONAL RECORD — Extensions of Remarks March 21, 2002 Farm Bill informed us that they would ‘‘be in though the FCC initially fought these changes, Vice-President of the Oregon Future Farmers a position to make the final farm bill decisions I am pleased to report that most of the of America for the 1999–2000 term. in public meetings of the Conference the week changes in the bills have ultimately been in- Throughout his internship, Casey has en- of April 9,’’ according to a joint statement re- corporated by the FCC. deavored to learn more about his native state, leased by the top conferees. This leads me to the introduction of the bill as well as the workings of the federal govern- April 9th is far too late to begin imple- I bring before the House today. The ‘‘Rural ment. His interest in the latter has been insa- menting this complex legislation, as was Wireless Telecommunications Enhancement tiable, leading him to pepper my staff with March 22nd or even January 1st, and I believe Act of 2002’’ will bring about significant thoughtful questions about how things work in that it is now essential to delay implementation changes by which the FCC regulates small Washington, D.C. and why. His fascination of the Farm Security Act until next year. wireless telecommunications companies. with the legislative process, coupled with a The planting season has already begun in If you’ve been fortunate enough to travel firm ideological underpinning, promises to many states across the country. As each day through the state of Wyoming, you may have carry him far in the arena of public service if passes by without a new bill, America’s farm- been surprised to find that your wireless he chooses to embark on such a career. ers are digging themselves into deeper and phone did not work or that it received marginal Mr. Speaker, Casey exudes competence, deeper holes. coverage at best. One way in which we can and he welcomed visitors to my office with the We all know that farmers are not just plant- address the comprehensive development of same friendly and forthright manner that is so ers, but planners, and most farmers thought it wireless telecommunications infrastructure in common of Oregonians. My trust in him to to be vitally important to have the farm bill in rural areas is to stop the FCC from burdening complete tasks flawlessly and without super- place at the end of last year. Now that it may small wireless companies with onerous, one- vision was vindicated time and time again. My be mid-summer before the USDA is effectively size-fits-all rules meant to regulate the largest staff reports that Casey ranks among the fin- able to administer the provisions in the new wireless carriers. That way small wireless est items ever to serve in my congressional Farm Bill, it could prove to be overwhelmingly companies can put their resources into devel- office. Simply put, Casey was a delight to detrimental for our agricultural community, es- oping new technologies and deploying their in- work with and always demonstrated a high pecially in southeastern Virginia. frastructure instead of spending it on high- level of professionalism and attention to detail In addition to helping the farmers by delay- priced Washington lobbyists and regulatory at- during his service on Capitol Hill. It goes without saying that Casey will be dif- ing the bill one more year, we will be saving torneys. ficult to replace. While I am deeply sorry to the government an estimated $299 million dol- The goal of the ‘‘Rural Wireless Tele- see him leave, I am confident that he will con- lars by delaying the new ‘‘peanut subsidy pro- communications Enhancement Act’’ is simple: tinue to make central Oregon proud in what- gram’’ and continuing to use the current sys- to give rural wireless customers better service ever career he chooses in the future. Thank tem, which has no net cost to the government. and more choices. you, Casey, for a job well done. A Farm Bill is certainly needed, but the tim- f ing is important. Implementing the new Farm f Bill this late in the season would be an incred- TRIBUTE TO CASEY ROATS EXPRESSING SENSE OF HOUSE OF ible injustice to our farmers. REPRESENTATIVES REGARDING f HON. GREG WALDEN WOMEN’S HISTORY MONTH OF OREGON INTRODUCING H.R. 4012 THE RURAL IN THE HOUSE OF REPRESENTATIVES SPEECH OF WIRELESS TELECOMMUNI- CATIONS ENHANCEMENT ACT OF Wednesday, March 20, 2002 HON. MELISSA A. HART 2002 Mr. WALDEN of Oregon. Mr. Speaker, I rise OF PENNSYLVANIA today to convey my deepest appreciation to a IN THE HOUSE OF REPRESENTATIVES HON. BARBARA CUBIN member of my Washington, D.C. staff for his Tuesday, March 19, 2002 OF WYOMING tireless efforts on behalf of the good people of Ms. HART. Mr. Speaker, in honor of Wom- IN THE HOUSE OF REPRESENTATIVES Oregon’s 2nd Congressional District. Casey en’s History Month, I would like to take this Roats will conclude his internship in my office opportunity to recognize the life and work of Wednesday, March 20, 2002 this week to continue his studies at Oregon Susan B. Anthony, and to celebrate the 182nd Mrs. CUBIN. Mr. Speaker, rural America. State University and assist in the operations of anniversary of her birth, which took place last We often hear of the unique challenges that his family’s business, Roats Water System, month. Susan B. Anthony is remembered as face those of us who live and work in the un- Inc. in Bend, Oregon. As he leaves our na- one of our greatest foremothers in the drive spoiled expanses of this great nation. As tion’s capital, I wish Casey well in his future for women’s rights. However, what many have someone who represents the least populated endeavors, and I know that his intelligence forgotten, or chosen to ignore, is that she was state in the country, let me say that we and discipline will bring him success in what- amongst our Nation’s first and most pas- wouldn’t trade those challenges for all the ever calling he answers. sionate pro-life advocates. For Anthony, the urban conveniences in the world. Casey was raised in Bend, Oregon, growing rights of the unborn were inseparable from the There are, however, basic needs deemed up in a family with indelible ties to central Or- rights of women, and opposition to abortion necessary to conduct our everyday lives egon. He is, in short, a son of the American was an essential part of the cause of women’s whether you live in Brooklyn, New York or west. As a youngster he developed an interest rights. Basin, Wyoming. One of those essential, and in horsemanship, where he excelled as he This month as we honor the women who obtainable, requirements is access to modern does in every pursuit that I have witnessed have strived to improve the lives of women in and efficient telecommunications. Tele- him attempt. Casey’s success in rodeo com- America and throughout the world, let us re- communications is an important component by petitions provided him with the resources to member the life and achievements of Susan which we can run small businesses, visit dis- attend his first year of college at Oregon State B. Anthony and what she has done to guar- tant relatives, or just order a pizza. University. The travel required by these com- antee full rights for both women and their un- During the last two Congresses, I have petitions allowed Casey to become familiar born children. been successful advocating for wholesale with much of eastern Oregon, which strength- f changes in the way the Federal Communica- ened both his ties to the land and his appre- CELEBRATING THE 46TH ANNIVER- tions Commission (FCC) regulates small and ciation for the western way of life. Moreover, SARY OF TUNISIAN INDEPEND- mid-size telecommunications companies. his intimate knowledge of the issues that are ENCE Those bills have passed the House but lan- so important to the people of Oregon has guish in the Senate. made him an invaluable asset during his ten- The basic tenet of the bills is to ensure that ure in my office. HON. DAVID E. PRICE the FCC writes separate regulations for com- Mr. Speaker, Casey’s early involvement with OF NORTH CAROLINA IN THE HOUSE OF REPRESENTATIVES panies that are smaller than their oftentimes the Oregon chapter of Future Farmers of much larger competitors. Common sense America provided a foundation of civic partici- Wednesday, March 20, 2002 shouid tell us that identical regulations im- pation that he continues to build upon. His Mr. PRICE of North Carolina. Mr. Speaker, posed on telecommunications companies re- contributions to the Mountain View Chapter today, March 20, 2002, the Republic of Tuni- gardless of size translates into the over-regu- and the Central Oregon District soon earned sia celebrates the 46th anniversary of its inde- lation of the small and mid-size companies. Al- statewide attention, and Casey was elected pendence.

VerDate 112000 03:39 Mar 22, 2002 Jkt 099060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A20MR8.019 pfrm02 PsN: E21PT1 March 21, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E399 Since adoption of its first Constitution in aches and pains of farmers and factory work- Hawk Down’’ by Mark Bowden, and the June 1, 1959, Tunisia has made great ers in the valley? movie of the same name. progress in embracing procedural and sub- ‘‘They remind me every day where I came For Marsh, the worst was yet to come. Two from, and why I’m here,’’ explains Marsh days later, he was standing on the tarmac stantive democratic reforms by holding con- while driving over gravel roads and one lane with other officers when a mortar hit. The tested presidential and legislative elections bridges in his pickup truck. He’s making man next to him was killed. Twelve soldiers that provide for the opposition party to hold house calls. And he won’t send a bill. It’s not were wounded, including Marsh. seats in parliament; expanding freedom of ex- very efficient, he allows, but this is what a Here is what he remembers before losing pression among its people; providing a free good country doctor does. consciousness: ‘‘A flash. Noise. I remember public education for all children; and promoting They didn’t have a doctor before Marsh feeling pain.’’ moved here six years ago with his wife, Bar- Shrapnel shredded his abdomen. A shard the equality of women, including the election pierced an artery in his leg. Yet even as he of women to parliament. bara, and their children—now two boys and two girls, ages 3 to 9. ‘‘I feel that’s why I was lay bleeding from his nearly fatal wounds, he As a result, the Republic of Tunisia has saved, to come back here and do this,’’ he ordered soldiers to carry the injured to his reaped the benefits of becoming a world trad- says. ‘‘This is my calling.’’ side so he could perform triage. ‘‘They were ing partner through bilateral free trade agree- At a time when rural America is starved my people. I wanted to know who was hit.’’ ments, trade agreements with European for physicians to provide basic health care, Marsh’s father, who vividly recalls his Union, and nearly two decades of sustained Marsh practices medicine with a care and at- son’s arrival at Andrews Air Force Base two economic growth. tention that seem lost to another era. How weeks later, believes the experience made many doctors are left whose patients drop by him a better doctor: ‘‘It’s given him empathy The relationship between the United States and insight into people who are sick.’’ and Tunisia dates back to the 18th century just to leave a home-baked cake or to show off photographs of the animals they’ve raised Even before his injury, Marsh had talked of when our two countries signed a treaty of in 4–H? returning to the valley, which he always friendship. Strong ties of cooperation contin- Marsh’s practice in a University of Vir- considered home, though he was largely edu- ued after Tunisia gained its independence in ginia satellite clinic is all the more extraor- cated in Arlington public schools. 1956 and continue today as Tunisia joins us in dinary when contrasted with the life he used The university’s health system was look- ing to open a rural office in this area and the fight against terrorism. Today, we com- to lead as a flight surgeon for Delta Force, the Army’s secretive Special Forces unit. show medical students the life of a country memorate the independence of the Republic doctor—a breed that has largely vanished of Tunisia and celebrate our special relation- His office is filled with mementos of war zones where he mended wounds and lost over the last 50 years as physicians have ship with the Tunisian people. friends before settling on a farm near here. A gravitated to specialties and urban areas. ‘‘Rural areas can be hard on the family,’’ f bookshelf holds the iconic Delta Force dag- says Claudette Dalton, an anesthesiologist ger inside a triangular frame along with the who heads the university’s community edu- ‘‘FROM FRONT LINES TO BACK motto ‘‘Oppressors Beware.’’ In two exam- cation program. ‘‘There are no cultural at- ROADS’’ ining rooms, drawings of Delta Force battles tractions. You have to drive 10 miles to the share wall space with osteoporosis posters. Piggly Wiggly to get groceries.’’ Even his clock is on Zulu time. His Legion of HON. FRANK R. WOLF Marsh saw it differently. OF VIRGINIA Merit, two Bronze Stars and Purple Heart ‘‘He goes where the need is greatest,’’ says are stashed at home and in his truck. IN THE HOUSE OF REPRESENTATIVES Dalton. ‘‘There aren’t many physicians who What is missing is anything that smacks of will take on all comers as patients.’’ Wednesday, March 20, 2002 the Hollywood version of what happened to One day recently, Marsh spent the after- Delta Force and Ranger troops in noon crisscrossing the back roads of this cat- Mr. WOLF. Mr. Speaker, I want to call to the Mogadishu, Somalia, in October 1993. Marsh attention of our colleagues an article in the tle-raising area south of Staunton. He made has not seen the blockbuster film ‘‘Black a half-dozen house calls, most to elderly, March 11, 2002, edition of the Washington Hawk Down.’’ housebound patients. Testing the memory of Post which tells the story of a decorated flight ‘‘I don’t have to go watch a reenactment of a stroke victim, he asked her how many surgeon with the Army’s elite Delta Force who seeing 18 of my friends die,’’ he says. chickens her daughter owns. At the home of now spends his time in the rural areas of the Nor did he consent when producers asked a cancer patient struggling to pay for his ar- Shenandoah Valley of Virginia as a beloved him to be a consultant. ‘‘I couldn’t leave my senal of medicine, Marsh left a supply of patients,’’ he explains. salesman’s samples. In the run-down farm- country doctor making house calls. Friends and colleagues say a common house of a man who had been acting con- His name is John O. Marsh III, better known thread runs through Marsh’s work in polar- fused, Marsh found an addling blend of out- as Rob, the son of John O. Marsh Jr., better opposite environments. dated drugs, some of which had expired in known to many of his former colleagues in this ‘‘His dedication to the military was just as 1986. House as Jack. I am proud to represent as intense as his dedication is now to his pa- He would not ask for payment. part of Virginia’s 10th District areas which tients,’’ says Lewis Barnett, the former head ‘‘If I sent them a bill for $150 for a house used to be included in the 1960’s in the old of the University of Virginia’s family medi- visit, they would pay,’’ he explains. ‘‘But I cine program. ‘‘He’s a devoted servant.’’ probably wouldn’t keep them as a patient.’’ 7th District, which was ably represented by Marsh, 46, had wanted to be a Green Beret then Congressman Jack Marsh. As many of They are not just his patients, he says, but ever since a third-grade visit to Fort Bragg ‘‘my friends.’’ our colleagues will recall, Jack went on to with his father, John O. Marsh Jr., then a That’s why he attends their funerals, serve in the administration of President Ford Democratic congressman from the Shen- serves on their volunteer fire and rescue and as Secretary of the Army under both andoah Valley who later became secretary of unit, makes apple butter with the Ruritan Presidents Ronald Reagan and George H.W. the Army under presidents Ronald Reagan club, and is an elder in his Presbyterian Bush. and George H.W. Bush. The son is John O. church. We congratulate Dr. Rob Marsh, who has Marsh III, but everyone knows him as Rob. ‘‘You can become very close to everyone, The quickest route into the Green Berets followed in his father’s footsteps in his service very quickly,’’ he says of this hamlet of 200, was as a medic, so Marsh enlisted and even- so small it lacks even a stoplight. ‘‘If you’re to the people of his nation and to his state. tually received a degree from Eastern Vir- a good doctor, you treat people right and get The Post article follows: ginia Medical School. involved in the community.‘‘ [From the Washington Post, Mar. 4, 2002] He had his share of close calls. During the It’s a philosophy he’s passing on to the Persian Gulf War in 1991, for example, a coming generation of doctors. ‘‘He believes FROM FRONT LINES TO BACK ROADS—DELTA medic who replaced him on a helicopter we should make sure we give more to our FORCE DOCTOR NOW DELIVERS CARE IN flight into Iraq was killed when the chopper community than just medicine,’’ says Frank RURAL VIRGINIA crashed. Petruzella, a U–Va. medical student who (By Carol Morello) But nothing compared to his experience in spent a month working with Marsh. ‘‘He’s MIDDLEBROOK, VA.—The only doctor in Somalia two years later. U.S. troops set out very involved in all aspects of people’s this crossroads of a Shenandoah Valley vil- to capture two aides to a local warlord. lives.’’ lage does not volunteer details of his years Army Rangers and Delta Force operatives Marsh has been involved in Carl Sprouse’s with an elite Army unit, or how he almost became pinned down during a night of life for a decade. They were in Delta Force died in Somalia of mortar wounds. And his pitched combat. together, and Sprouse now lives down the patients are too polite to probe. The casualties arrived at the airport base road. But while waiting in the clinic to see Rob in waves. First a handful, then by the doz- ‘‘When my father had complications after Marsh, many of them study the watercolor ens—some 60 serious casualties in all. Marsh open heart surgery, Doc Marsh would stop by prints on the walls, depicting soldiers rappel- and two other physicians worked through at 11 or 12 at night to see him in the hos- ling into battle and downed Black Hawk hel- the night and into the next day. Eighteen pital,’’ recalls Sprouse. ‘‘He wasn’t his doc- icopters. How, they wonder, did this deco- Americans and hundreds of Somalis died in tor. He just has compassion for people. He rated combat physician come to treat the the fighting, chronicled in the book ‘‘Black was a good soldier. He’s a great man.’’

VerDate 112000 03:39 Mar 22, 2002 Jkt 099060 PO 00000 Frm 00007 Fmt 0626 Sfmt 0634 E:\CR\FM\A20MR8.023 pfrm02 PsN: E21PT1 E400 CONGRESSIONAL RECORD — Extensions of Remarks March 21, 2002 Marsh deflects such praise. In this small Johnson, Rachel Kay, Kathleen Noel King, A RESOLUTION ADJOURNING THE farming community that he and his family Simonne Lavoie, Linda Mynahan, Venise HOUSE OF REPRESENTATIVES IN call home, he has rediscovered what he loved Pratt, Muriel Richard, Patricia Robitaille, Trena LOVING MEMORY AND HONOR OF most about Delta Force. ‘‘It’s the same at- WILLIAM ANDREW CANNON mosphere,’’ he says. ‘‘Everybody takes care Hamblin Steele, Linda Tanguay, Ann of each other, and we do our jobs.’’ Tourtelotte, Dr. Luz Maria Umpierre, and Kathy Varney. HON. MARY BONO f Those submitting nominations were asked OF CALIFORNIA PERSONAL EXPLANATION to briefly describe what it was about the nomi- IN THE HOUSE OF REPRESENTATIVES nee that made her such a special and impor- Wednesday, March 20, 2002 tant part of the community. Here are a few ex- HON. ELTON GALLEGLY amples: ‘‘She truly cares about the company’s Mrs. BONO. Mr. Speaker, The most promi- OF CALIFORNIA employees...She is interested in their nent glory of a country is in its great men. A IN THE HOUSE OF REPRESENTATIVES lives, and she treats everyone with respect nation’s spirit and its success will depend on Wednesday, March 20, 2002 and dignity.’’ its willingness to learn from their example. In ‘‘My sister has been an example to me. We life we shall find many men that are great, and Mr. GALLEGLY. Mr. Speaker, on March 7 I came from a single parent home where our fa- some men that are good, but very few men missed roll call vote number 52. Had I been ther was an alcoholic. She quit school at 16 that are both great and good. William Andrew present, I would have voted ‘‘aye’’ on the vote. and worked as a nurses’ aide to earn money Cannon was such a man. f so our family could stay together. No one With deepest respect and admiration, we pay homage and tribute to William Andrew TRIBUTE TO DR. JOE CRAIG thought she would make anything of herself. Through hard work she proved them wrong.’’ Cannon, and we pause in silent reverence for ‘‘Despite an extended career with many suc- his soul. HON. SUE WILKINS MYRICK cesses and contributions, she is always fo- Whereas, William Andrew Cannon was born OF NORTH CAROLINA cused on the next opportunity to serve. . . . on August 25, 1920, a native of Sweeny, Texas, and longtime resident of the State of IN THE HOUSE OF REPRESENTATIVES Her dedication to family and friends is equally Mississippi, and he traversed these earthly Wednesday, March 20, 2002 as selfless.’’ bounds on February 28, 2002; and ‘‘How can a daughter even begin to explain Whereas, William Andrew Cannon was the Mrs. MYRICK. Mr. Speaker, I rise today to how much her mother means to her? There devoted husband of Lucy de Forcade de honor the life and work of one of my constitu- are certainly not enough words in the dic- Biaix, a member of the Italian aristocracy, ents, Dr. Joe Craig. tionary for me to tell you who and what my whom he married on the Isle of Capri in 1945; Dr. Craig has spent his entire life working to mother is to me.’’ he was the loving father of a son, Fred, and better the lives of others. Since 1978, he has ‘‘She is a loving person with a ‘Heart of a daughter, Tina Jennie, and he was the traveled overseas to the poorest of regions, in- Gold,’ who has touched the lives of many peo- proud grandfather of six grandchildren, Carlo, Crystel, Francesco, Elena, Lauren, cluding Africa and Latin America, to provide ple through her love and dedication in helping free medical and dental care. This is a special and Guglielimo; and others and never wanting anything in return.’’ Whereas, William Andrew Cannon grad- year for Dr. Craig because he is 70 years old ‘‘If there could be only one person that I uated from Corinth High School in Corinth, and will be conducting his 70th and final over- look up to it would be my grandmother. . . . Mississippi in 1938, and he attended Western seas medical mission. She is the bravest, most courageous person I Kentucky University School of Business in Dr. Craig’s altruistic work also extended to have ever met and no one could ever replace Bowling Green from 1938 to 1941, after which his local community of Charlotte, North Caro- her.’’ time he became a managing partner of the lina. He greatly helped our local Charlotte ‘‘Now that I’m grown up with children of my Van Bibber Lumber Plant in Fulton, Mis- community by providing free dental services to own, I love and appreciate my mother more sissippi, before joining the United States Air Force to serve in World War II; and recovering drug users and alcoholics and by than ever. I now know how much hard work is Whereas, William Andrew Cannon served counseling dozens of families through mar- involved in being a good mother, although she his country with pride and distinction during riage and family problems. He also volun- always made it seem so effortless. . . . When World War II; he was a pilot, stationed in teered in the Charlotte Police Crime Lab in the people tell me how much I am like her I take Foggia, Italy, from 1943 to 1946, and he held 1960s before a full-time chemist was hired. that as the greatest compliment, for I hope I the rank of 1st Lieutenant with the 463rd Dr. Craig is a perfect example of the self- could be half of the woman that she is.’’ Bombardment Group of the United States less call to volunteerism recently highlighted ‘‘She saw my need, reached out her hand, 15th Air Force; and during this perilous by President George W. Bush. For this rea- and impacted another life—which is just what time, along with the personnel of the 463rd Bombardment Group, he exhibited commend- son, I am honored to recognize Dr. Craig for she does on a daily basis.’’ able efficiency in skill, devotion, courage, his life work and congratulate him and his These are but a few examples of the and determination while facing intense family for his 70 years of dedication to making testimonials received on behalf of the hon- enemy opposition over the skies of Germany this world a better place. orees. They speak to the importance and influ- and Eastern Europe, flying gallantly through f ence that these women have had on their in wing formation to reach designated tar- families, colleagues, and communities. gets; and William Andrew Cannon, receiving CELEBRATING THE WOMEN OF For decades, the women of Lewiston and an honorable discharge in May 1946, was the LEWISTON/AUBURN Auburn—like those throughout Maine, the na- recipient of the Second Presidential Unit Ci- tation for his extraordinary heroism and tion and the world—have raised children, outstanding performance of duty in military HON. JOHN ELIAS BALDACCI served as caregivers, worked inside and out- operation against the enemy at Ploesti on OF MAINE side the home, and volunteered their time and May 18, 1944, and at the Daimler Benz Tank IN THE HOUSE OF REPRESENTATIVES talents. They have maintained a strong and Works in Berlin on March 24, 1945; and quiet foundation for our families that has nour- Whereas, William Andrew Cannon, upon Wednesday, March 20, 2002 ished us all. This celebration recognizes all being discharged from the United States Air Mr. BALDACCI. Mr. Speaker, I rise today to that women bring to families and our commu- Force in 1946, returned to the Van Bibber call my colleagues’ attention to a dinner being nity. Lumber Plant in Fulton, Mississippi, serving as a partner until 1954, before joining the held next week in the Lewiston/Auburn com- These 24 women are all extremely deserv- United States Department of Defense in 1955 munity of Maine. The event, ‘‘Celebrating the ing of this honor, and I congratulate them as in Naples, Italy, where he worked as Mainte- Women of L/A,’’ will honor women who have they are recognized for their efforts in the nance Control Engineer for Public Works at touched the lives of others in their commu- home, in the workplace and in the community. the Naval Support Facility until 1983, and nities. I know that they are also representative of afterwards, he received many honors for his I am proud to have the opportunity to pay many other women throughout these commu- outstanding service; and in 1983, he joined tribute to the following Women of L/A here in nities and as we honor them, we also look the Naval Communications Mediterranean as the House of Representatives. The Honorees around at the many other women who have Facility Manager, and he retired from that post on March 31, 1990; and are Diane Anctil, Gail Baillargeon, Kathryn made positive differences in L/A. I offer my Whereas, having received numerous awards Beaule, Sue Capponi, Sandy Conrad, Theresa thanks and best wishes to all the women of for active service, William Andrew Cannon, Cote, Christine Clabby, Lori Cummings, Robin L/A for making Lewiston and Auburn such a at the time of his retirement, also was the Duffy, Belinda Gerry, Nancy Hinds, Patience strong and vibrant community. recipient of the Department of the Navy’s

VerDate 112000 04:21 Mar 22, 2002 Jkt 099060 PO 00000 Frm 00008 Fmt 0626 Sfmt 0634 E:\CR\FM\A20MR8.027 pfrm02 PsN: E21PT1 March 21, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E401 Meritorious Award for Civilian Service, and tired in 1983, but continued to work at the San Without access to transportation, many senior he also received a commendation certificate Manuel Indian Bingo and Casino from 1986 to citizens and low-income residents are forced for 38 years of devoted service to the United 1993. Pauline ‘‘Dimples’’ worked as a home- to settle for less nutritious options. States government; and Whereas, throughout his life, William An- maker. She raised their three children in their The WIC and Seniors Farmers’ Market Nu- drew Cannon was an inspiration to all the house on Vine Street in Highland, California, trition Programs bring farmers and residents lives he touched through his courageous pa- where the couple lived from 1954 until re- together in a way that helps everyone. Pro- triotic leadership, his ethics and integrity, cently. gram participants receive coupons to be used his congenial nature, his constructive atti- Pauline ‘‘Dimples,’’ an active member of the to purchase locally grown produce. Our small tude, dedication to his country, and his San Manuel Band of Mission Indians, has de- farmers stay in business, and our elderly and forthright manner made a positive impact on voted herself to educating her community low-income children stay healthy. those who had the pleasure of knowing him; about the Native American Culture, identity Instead of cutting these programs, we need and Whereas, the passion, dedication, intel- and tradition. She travels to various public to find ways to improve access to fresh, nutri- ligence, patriotism, and social consciousness schools and colleges in the area to teach stu- tious foods for those who need them most. In- William Andrew Cannon brought to this dents about her culture. She practices tradi- novative pilot programs in my home state are great country will never be forgotten, and tional Native American crafts making Indian creating new outlets for farmers to sell their his influence will continue; and cradle dolls and other arts and crafts, which produce. Several farmers’ markets have been Whereas, the passing of William Andrew she sells at Indian Pow-Wows. organized at senior housing facilities. These Cannon on February 28, 2002, has left a void The Murillos have served their community in programs eliminate the transportation barrier that cannot be filled, and he is mourned numerous organizations. Pauline ‘‘Dimples’’ is that prevents so many elderly people from across the length and breadth of the Com- monwealth; a member of the Highland Women’s Club, and having fresh fruits and vegetables. These and Be it resolved by the U.S. House of Represent- both she and George are members of the other vital programs will end without continued atives: Highland Senior Center providing services for federal funding. SECTION 1.—The House of Representatives the area senior citizens. The couple has made The farm bill will provide over $70 billion in does hereby express its profound sense of sor- many personal contributions to this organiza- funding to the farmers who feed this country. row upon the passing of William Andrew tion and to their community over the years. I urge my colleagues on the conference com- Cannon, and extends to his family and many The Murillos’ legacy is certainly their family. mittee to work together and find a way to fund friends its most heartfelt sympathy. SECTION 2.—When the House of Representa- The couple has been blessed with a loving the WIC and Seniors Farmers’ Market Nutri- tives adjourns this day, it does so in loving family including Pauline ‘‘Dimples’’ siblings tion programs to at least $15 million each. memory and honor of William Andrew Can- Raul ‘‘Beanie’’ Chacon, Jr., Roy Chacon, f non. Carla Chacon, Rowena Ramos, and Sandra SECTION 3.—The Clerk of the House of Rep- Marquez, and by George’s siblings, Rosie GREEK INDEPENDENCE DAY resentatives is hereby directed to transmit Manzano and Emily Barajas. I am joined in SPEECH OF copies of this Resolution to Mrs. Lucy de congratulating the Murillo’s by their own chil- Forcade de Biaix Cannon, 702 Jefferson Street, Booneville, Mississippi 38829; Ms. dren, Lynn ‘‘Nay’’ Valbuena, Audrey ‘‘Audie’’ HON. CONSTANCE A. MORELLA Tina Jennie Cannon, 702 Jefferson Street, Martinez, and George ‘‘Boy’’ Murillo, and their OF MARYLAND Booneville, Mississippi 38829; and Mr. Fred grandchildren, Rich LeRoy, Sabrina IN THE HOUSE OF REPRESENTATIVES Cannon, BMI, 320 West 57th Street, New Nakhjavanpour, Robert V. Martinez lll, Sheena Tuesday, March 19, 2002 York, New York 10019. Martinez, and Dillon, Skye and Zeny Murillo. Mrs. MORELLA. Madam Speaker, I rise f The Murillo’s are also blessed with seven great-grandchildren, Cody and Chloe today in recognition of Greek Independence GEORGE AND PAULINE ‘‘DIMPLES’’ Nakhjavanpour, Selina Martinez, Robert V. Day. Greece and America have remained al- MURILLO CELEBRATE 50TH WED- Martinez IV, and Jasmine, Jaylene and Al- lies since America aided Greece in its struggle DING ANNIVERSARY fonso Martinez. for independence 180 years ago. Mr. Speaker, on behalf of the United States Americans have celebrated our connection HON. JOE BACA Congress and the people of California, I ex- with Greece throughout our history. Because OF CALIFORNIA tend our sincere congratulations to George of the many contributions from Greece and Greek-Americans, President George W. Bush IN THE HOUSE OF REPRESENTATIVES and Pauline ‘‘Dimples’’ Murillo. f declared March 25th Greek Independence Wednesday, March 20, 2002 Day. Mr. BACA. Mr. Speaker, it is my privilege to FARMERS’ MARKET NUTRITION Our nations share a strong common belief announce to you and to the rest of my es- PROGRAMS—A SERVICE FOR in democracy. The ideologies of ancient teemed colleagues, that on March 22, 2002, MICHIGAN COMMUNITIES Greeks became the backbone of our Declara- George and Pauline ‘‘Dimples’’ Murillo will cel- tion of Independence. And, in turn, our beliefs ebrate their 50th wedding anniversary. I would HON. DAVID E. BONIOR were displayed in their declaration of freedom like to join their friends and loving family in ex- OF MICHIGAN from the Ottoman Empire. tending my most sincere congratulations. IN THE HOUSE OF REPRESENTATIVES Greek culture has given us more than our The Murillos have devoted fifty years to form of government. Buildings and memorials each other, to their families, to their commu- Wednesday, March 20, 2002 in Washington, D.C., and around the country, nities, and to the service of our nation. Their Mr. BONIOR. Mr. Speaker, I rise in support including the Capitol building and the Lincoln marriage is a true achievement. of the Farmers’ Market Nutrition Programs, and Jefferson Memorials, are modeled on the George Murillo was born to Emillio and Viv- which provide a vital link between farmers and Greeks’ own exceptional architecture. In addi- ian Murillo on July 20, 1931, in San communities in need of fresh, locally grown tion, our culture has been shaped by ancient Bernardino, California. Just a few miles away produce. Greek philosophy and their approach to on the San Manuel Indian Reservation, Pau- These programs help our small farmers sell science. line was born to Martha Manuel Chacon and their fresh produce, while improving access to In recent history Greece has been 1 of only Pablo Ormego on February 3, 1934. The two nutritious food for seniors and low-income 3 nations that have allied with the United met and later married on March 22, 1952, at women and children. They play an important States in every major international conflict. St. Anne’s Catholic Church in San Bernardino role in my district and in the state of Michigan. During World War II, 600,000 Greeks gave in a ceremony performed by Father Domas. We have small produce farmers who struggle their lives in the fight for freedom. For more George served his country in the United to make ends meet because they don’t have than 50 years, Greeks and Americans have States Army with active duty status from 1952 enough steady customers for their products. had the privilege of working together in NATO. to 1954. He was stationed in Fairbanks, Alas- They lose profits to the wholesalers who mar- Greek-Americans have made many con- ka and spent six years in the Reserves receiv- ket their products when they cannot sell di- tributions in American communities. Greek- ing an Honorable Discharge in 1960. rectly to their customers. Americans commonly establish communities to The Murillos are a hard working American Additionally, many communities and urban maintain awareness of their cultural heritage, family. George went on to work for the Santa areas lack grocery stores with adequate provide opportunities for social interaction, Fe Railroad for 12 years and then for Kaiser produce, which makes it hard for new mothers while preserving Greek language and tradi- Steel in Fontana for another 18 years. He re- to provide a balanced diet for their children. tions for future generations. Additionally, the

VerDate 112000 03:39 Mar 22, 2002 Jkt 099060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A20MR8.033 pfrm02 PsN: E21PT1 E402 CONGRESSIONAL RECORD — Extensions of Remarks March 21, 2002 investments that Greek-Americans have made ited NGO, the Arab Lawyers Union, distributed their bottom line earnings. Among the S&P in the business community are unsurpassed. a booklet filled with anti-Semitic caricatures, 500 companies, only Boeing and Winn-Dixie Through the utilization of the American tradi- frighteningly like those seen in the Nazi hate follow the advice of FASB and actually record tion of small, family owned businesses the literature printed and distributed in the 1930’s. the cost of options on both the tax and earn- Greek-American community has prospered. It was the most unabashed display of anti- ings ledger. Madam Speaker, the eighth congressional Jewish hate that I have seen since that period. Right now, companies can replace wage district of Maryland, which I represent, has a Similar images and messages can be found compensation with stock option compensation large population of Greek-Americans. I am again and again in newspapers and other without having to show reduced earnings on proud of the many contributions that they have media in the Middle East, and on hate sites on their financial statements. This loophole mis- made to Montgomery County and our nation. the internet. leads investors, financial analysts, and work- I join them in celebrating Greek Independence Mr. Speaker, if the tragic events of Sep- ers who have their pension funds tied up in Day and urge my colleagues to join me in rec- tember 11th have taught us anything it is that companies that offer stock options. Since ognizing the achievements of Greek-Ameri- we cannot turn a blind eye to hatred and evil. companies costs are not reported on the fi- cans. We must actively take effective measures to nancial earnings statement, companies’ earn- ings appear greater than actual earnings f eliminate racism at home and to defeat it abroad. We must make sure that our govern- should reflect. Let’s take the case of Enron as an example MARCH 21, 2002 DESIGNATED AS ment takes effective action to prevent and of how misleading this loophole can be. Ac- UNITED NATIONS INTER- punish racism in the United States. In pros- cording to a study by Citizens for Tax Justice, NATIONAL DAY FOR ELIMI- ecuting the global war against terror, we must from 1996-2000, Enron took a $600 million tax NATION OF RACIAL DISCRIMINA- demand that our coalition partners confront TION deduction for stock options. Over that same hate in their own societies and in their regions. five-year period, Enron showed $1.8 billion in I commend our distinguished colleague and earnings. However, this earnings figure did not HON. TOM LANTOS friend from California, Congresswoman LYNN completely reflect Enron’s true earnings. As OF CALIFORNIA WOOLSEY, for focusing our attention on this we know, Enron used a number of accounting IN THE HOUSE OF REPRESENTATIVES important day and on this issue. I also want to gimmicks to artificially inflate their earnings re- Wednesday, March 20, 2002 commend our distinguished colleague, Con- port, one of which was the decision to list all gressman JOHN CONYERS of Michigan, for in- stock option compensation as a footnote in its Mr. LANTOS. Mr. Speaker, tomorrow, troducing the bipartisan Local Law Enforce- March 21, 2002, has been designated as the earnings report and then exclude this com- ment Hate Crimes Prevention Act, which pensation from its total expenses. Had Enron United Nations International Day for the Elimi- would give local law enforcement the tools nation of Racial Discrimination. I think it is accurately recorded its stock option com- and resources needed to prevent and pros- pensation it would have had to report a de- very important for us, here in the United ecute hate crimes. I urge all Members of this States to mark this critical day. Racial Dis- crease in earnings by one-third! Furthermore, House to support this legislation. had Enron been required to report that one- crimination is a universal, global scourge. f third of its earnings were attributed to stock Confronting it and finding ways to defeat it are options, then employees and stockholders in the critical interest of every nation including INTRODUCTION OF A BILL TO could have seen that company profits weren’t the United States. Racial discrimination, xeno- ‘‘END THE DOUBLE STANDARD based on real growth. According to an analyst phobia and other forms of intolerance are one FOR STOCK OPTIONS ACT’’ with Bear Stearns, the earning reported by of the principal root causes of international firms in the S&P 500 would have been 9 per- conflict. Our global war against terrorism can- HON. FORTNEY PETE STARK cent lower in 2000 if stock options were treat- not be won until we root out the global afflic- OF CALIFORNIA ed as an expense. tion of hate and intolerance. America’s experi- IN THE HOUSE OF REPRESENTATIVES As Enron leaders clearly realized, company ence with slavery and our long struggle to ad- Wednesday, March 20, 2002 executives can prosper by means other than vance civil rights also compels us to play a simply building a great company. Executives leading role in the international effort to Mr. STARK. Mr. Speaker, I rise to introduce can often increase their personal wealth by cleanse humanity of the stubborn and shame- legislation to plug a corporate tax loophole creating unrealistic expectations of their com- ful stain of racism. that allows companies to hide stock option ex- pany from Wall Street, rather than the old Tragically, in the last several years, the penses from their Securities and Exchange fashioned way of consistently delivering im- global community has been beset by a new Commission (SEC) earnings reports, but al- pressive growth. Consider the following two wave of racial hatred. This new wave includes lows those same companies to take the de- hypothetical companies. One company has a widespread discrimination against migrant duction on their Internal Revenue Service stock price that has appreciated slowly. It workers in Europe and the Middle East; insti- (IRS) tax filings. My bill would force compa- started at $20 and gained $2 each year for tutionalized racism against indigenous peoples nies to report the stock option expense on five years, raising its price to $30 today. The and peoples of African descent in the Amer- their financial earnings records if they want to second company’s stock also started at $20 icas; and discrimination against women in the continue to take the deduction on their income five years ago, then zoomed to $100 after a Islamic world. New forms of racism, often tied tax filing. I’m pleased to be joined by Reps. few years but has since fallen back to $20. By to the social and economic dislocations BARNEY FRANK and LYNN RIVERS in introducing any reasonable measure, the leaders of the caused by increased globalization, are being this important bill. Senators LEVIN and MCCAIN first company have done a better job at grow- spread by new technologies including prolifer- have introduced companion legislation in the ing a solid company, worthy of its stock price. ating hate sites on the internet. Senate. Their share price has grown 50 percent, and Mr. Speaker, for me as the only Member of Under current law, companies can deduct they have avoided making grandiose pre- Congress who is a survivor of the Holocaust, stock option expenses from their income taxes dictions that cause Wall Street analysts to set it is particularly painful to note that the current as a cost of doing business, just like employee silly targets. The second company’s stock has increase in racial hate includes an intense wages. However, companies are not required under-performed over the long run, and scores spasm of anti-Semitism. As a delegate to the to report these business expenses on their of workers and investors have been burned by UN’s World Conference Against Racism SEC financial statement to stockholders. The false hopes. (WCAR) in Durban South Africa last summer, Financial Accounting Standards Board If the top executives of both hypothetical I witnessed a particularly vivid demonstration (FASB), the self-regulated accounting board companies had received similar amounts of of this new round of hatred for Jews. with SEC reporting oversight, recommends stock and both sold their shares on a regular The conference’s NGO forum, featured anti- that companies record stock options as an ex- schedule, the executives of the second com- Jewish rallies attracting thousands in the pense on their financial earnings statement, pany would have earned more. These execu- streets of Durban. One flyer, which was widely but does not require that stock options be tives would have made so much money selling distributed at the rallies showed a photograph treated as an earnings expense. In fact, stock the stock when it was trading near $100 that of Hitler and the question ‘‘What if I had options are the only form of compensation not they would become instant multimillionaires, won?’’ The answer: ‘‘there would be NO Israel treated as an earnings expense at any time. despite the stock’s ensuing, rapid decline. ...’’ At a press conference held by Jewish Nearly all companies relegate their stock op- Thus, the practice of failing to report stock op- NGO’s to discuss their concerns with the di- tion expenses to a footnote in their SEC re- tions on earnings reports could actually en- rection the conference was taking, an accred- port, yet these expenses are not reflected in courage executives to take stock options as a

VerDate 112000 03:39 Mar 22, 2002 Jkt 099060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A20MR8.036 pfrm02 PsN: E21PT1 March 21, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E403 form of compensation. That way, they can RECOGNITION OF JACOB LICHT OF Council. The jurisdiction of this Council is very earn millions of dollars, claim it as a tax de- WEST HARTFORD, CONNECTICUT large, encompassing one-third of the State of duction, and then hide it from investors. My bill Maine and two-thirds of the population. The corrects this perverse incentive and seeks to HON. JOHN B. LARSON Council serves a highly diverse population— discourage reckless executive behavior. My OF CONNECTICUT girls living in cities, small towns, and in iso- bill also gives companies an incentive to re- IN THE HOUSE OF REPRESENTATIVES lated coastal areas and islands. Girl Scouting port their stock option expenses in order to successfully meets the needs of all kinds of continue to take the tax deduction. Wednesday, March 20, 2002 girls. If stock options are a cost of doing business Mr. LARSON of Connecticut. Mr. Speaker, I Girl Scouting succeeds because of its volun- for tax purposes, then they should be a cost rise today to commend and recognize the teers, who serve as troop leaders, trainers, of doing business for earnings purposes. But achievements of a remarkable young man, cookie supervisors, trainers, and a host of don’t just take my word for it. In a March 7th Jacob Licht of West Hartford, CT. Jacob, a other positions. Their generosity and dedica- Senate Banking Committee hearing, Alan student at William Hall High School in West tion has kept Girl Scouting strong and rel- Greenspan, Chairman of the Federal Reserve Hartford, CT, won second prize and a $75,000 evant. Thanks to them, Girl Scouts of the USA Board testified: scholarship in the 61st Intel Science Talent will continue to help girls grow into productive Search competition in Washington, DC on citizens. ‘‘The truth of the matter is that if you do not March 11, 2002. expense the granting stock options or their re- Jacob, a 17-year-old senior, was awarded f alization in the income statement, as, indeed,, second place based on his extraordinary work we are required in our tax forms, then you will in developing a new mathematical theory GREEK INDEPENDENCE DAY get a pre-tax income which is higher than one based on the Ramsey Theory of disorder. His can argue you really had . . . Is income being work manages to reinvent this theory by look- SPEECH OF properly recorded? And I would submit to you ing for pockets of complete disorder in sets of the answer is no.’’ numbers that appear organized. Math experts HON. NITA M. LOWEY Arthur Leavitt, former Secretary of the Secu- have described Jacob’s research as profound rities and Exchange Commission, favors re- and groundbreaking. As a reward for his re- OF NEW YORK porting publicly held stock options on SEC search, Jacob was granted an audience with IN THE HOUSE OF REPRESENTATIVES earnings reports. He told NPR: President Bush and an asteroid will be named Tuesday, March 19, 2002 ‘‘. . . If we decide to account for public after him. stock options in a way that I think is in the Yet despite all of Jacob’s success and Mrs. LOWEY. Madam Speaker, I am hon- public interest, I do not believe for a moment fame, he is still a modest and unassuming ored to rise today to commemorate the 181st it would be the end of capitalism, nor do I be- young man. At Hall, Jacob is not only the cap- anniversary of Greece’s independence from lieve it will have a significant negative impact tain of the math team, but a volunteer math the Ottoman Empire, and to celebrate the on America’s corporations.’’ tutor as well. He is an avid sports enthusiast shared democratic traditions of Greece and and loves to impersonate Elvis Presley, often Deloitte & Touche, one of the nation’s pre- the United States. entering and winning local talent competitions. On March 25, 1821, Greece declared its mier accounting firms, as well as Arthur An- Mr. Speaker, Jacob Licht is to be applauded derson, Enron’s disgraced accountant, both independence, ending nearly 400 years of for his dedication, his intellect, and his humil- domination by the Ottoman Empire and restor- say options should be charged to a company’s ity. The Intel Talent Search competition has income statement. Many Wall Street analysts ing a democratic heritage to the very cradle of identified a gifted young man with the potential democracy. agree. Eighty-three percent of U.S. financial to change the world. Jacob, who has already analysts who responded to a survey by the been accepted to both the Massachusetts In- Throughout our history, the people of the Association for Investment Management Re- stitute of Technology and the California Insti- United States and Greece have forged a search (AIMR) also support listing stock op- tute of Technology, is clearly an exceptional strong friendship built upon the foundation of tions in the financial income statement. and wonderful person and we applaud his shared values of democracy and freedom. Our The evidence is clear: this loophole should achievements. Founding Fathers established this nation based on the teachings of ancient Greek phi- be closed. My bill to ‘‘End the Double Stand- f ard for Stock Options’’ is a much-needed fix to losophers and their struggle to build a demo- help prevent companies from misrepresenting GIRL SCOUTS OF THE USA cratic society. And, in turn, the American ex- their financial status to stockholders and em- CELEBRATES 90TH ANNIVERSARY perience inspired the Greek people in their ployees. I urge my colleagues from both sides struggle for independence 181 years ago. of the aisle to cosponsor this important bill and HON. THOMAS H. ALLEN Our shared democratic ideals have formed to support its enactment this year. OF MAINE the basis of a strong and sustained friendship IN THE HOUSE OF REPRESENTATIVES between Greece and the United States, and f Wednesday, March 20, 2002 today, Greece remains one of our most impor- tant allies and trusted partners in the global PERSONAL EXPLANATION Mr. ALLEN. Mr. Speaker, this month marks community. the beginning of the celebration of Girl Nowhere is this more evident today than in Scouting’s 90th anniversary. During this time, the war against terrorism. Greece is an impor- HON. THOMAS M. BARRETT more than 50 million girls have participated in tant member of the international coalition fight- this wonderful program. OF WISCONSIN ing this war. U.S. aircraft have made use of One of those who benefited from years as Greek airspace and airbases, Greek aircrews IN THE HOUSE OF REPRESENTATIVES a Brownie and Girl Scout was my wife, Diana. serve in NATO surveillance planes, and She recalls with great fondness the happy Wednesday, March 20, 2002 Greece has been a key partner in multilateral times she spent in troop meetings making relief efforts for Afghanistan and Afghan refu- Mr. BARRETT of Wisconsin. Mr. Speaker, crafts and other projects and the weeks in gees. because I remained in Milwaukee last week to summer camp where she met counselors from undergo hernia surgery (for which I was grant- all over the country. The United States has also benefited greatly ed an official leave by the House), I was un- Girl Scouts of the USA has kept up with the from the contributions of Greek-Americans to able to vote on rollcall Nos. 53 through 64. changing and expanding challenges facing shaping our society and building our cultural Had I been present, I would have voted: ‘‘aye’’ girls today. At each level of Girl Scouts, girls heritage. I am proud to represent a district in on rollcall No. 53; ‘‘aye’’ on rollcall No. 54; have the opportunity to embrace traditions and New York with a strong and active Greek- ‘‘no’’ on rollcall No. 55; ‘‘aye’’ on rollcall No. learn about the changing world. The program American community. 56; ‘‘aye’’ on rollcall No. 57; ‘‘aye’’ on rollcall challenges girls to develop into healthy women I am delighted to join my colleagues in com- No. 58; ‘‘aye’’ on rollcall No. 59; ‘‘aye’’ on roll- strengthened by strong values, a social con- memoration of Greek Independence Day, and call No. 60; ‘‘aye’’ on rollcall No. 61; ‘‘no’’ on science and belief in their own self-worth. in celebration of the many contributions of rollcall No. 62; ‘‘aye’’ on rollcall No. 63; and In my District, girls participate in programs Greece and Greek-Americans to the United ‘‘aye’’ on rollcall No. 64. overseen by the Girl Scouts of Kennebec States and the world.

VerDate 112000 03:39 Mar 22, 2002 Jkt 099060 PO 00000 Frm 00011 Fmt 0626 Sfmt 0634 E:\CR\FM\A20MR8.041 pfrm02 PsN: E21PT1 E404 CONGRESSIONAL RECORD — Extensions of Remarks March 21, 2002 A TRIBUTE TO MS. NANCY STONE, dinary woman of California’s 27th Congres- woman, Ms. Banerjee retires as the General 27TH CONGRESSIONAL DISTRICT sional District, Ms. Nancy Stone. The entire Manager of the City of Los Angeles Depart- WOMAN OF THE YEAR—2002 community joins me in thanking Nancy for her ment of Transportation. continued efforts to make the 27th Congres- Ms. Banerjee has had a successful career HON. ADAM B. SCHIFF sional District a more selfless, peaceful and working in many facets of transportation, in- OF CALIFORNIA accepting place to live. cluding: Research Associate in the Urban IN THE HOUSE OF REPRESENTATIVES f Transportation Systems Laboratory at MIT, Strategic Planning Manager for the Southern Wednesday, March 20, 2002 IN SUPPORT OF S. 1857 California Association of Governments Mr. SCHIFF. Mr. Speaker, I rise today to (SCAG), and consultant for the United States honor Women’s History Month. Each year, we HON. TOM UDALL Department of Transportation. pay special tribute to the contributions and OF NEW MEXICO Since joining the City, Ms. Banerjee has sacrifices made by our nation’s most notable IN THE HOUSE OF REPRESENTATIVES served in a variety of capacities. She began women during the month of March and it is my as Planning Manager for the Los Angeles honor to not only recognize women of the past Wednesday, March 20, 2002 Community Redevelopment Agency, where but to also recognize women who are making Mr. UDALL of New Mexico. Mr. Speaker, I she oversaw the Los Angeles Downtown Peo- a difference in my community. While a month rise today to express my support for S. 1857, ple Mover Program. She then served as the of remembrance is certainly not sufficient, I Encourage the Negotiated Settlement of Tribal Transportation Manager for the Community am honored today to pay homage to such Claims bill. Redevelopment Agency before becoming the women as Eleanor Roosevelt, Sandra Day I would like to begin by commending my Assistant Chief Legislative Analyst in 1988. O’Connor, Harriet Tubman, Sally Ride and all friend and Co-Chair of the Native American Frankee Banerjee joined the City of Los An- the women of my Congressional District, Caucus, Representative KILDEE for introducing geles Department of Transportation in 1994. whose contributions have made a profound the companion bill H.R. 3851 and my friend Because of her excellent record in transpor- difference in the face and fabric of our nation. NICK RAHALL, our ranking member of the Re- tation, she was appointed by Mayor Richard I am truly honored to pay special recognition sources Committee for his dedication and Riordan as the first woman ever to hold the to an outstanding woman of California’s 27th work on this issue. position of General Manager. She had the Congressional District, Ms. Nancy Stone. For Through treaties, statutes and executive or- task of overseeing approximately 2,000 em- over 15 years, Nancy has brought an abound- ders American Indians and Alaskan Natives ployees, as well as directing the activities of ing spirit and energy to her service in the foot- (Al/AN) have entered into a trust relationship the Offices of Transportation Programs, Oper- hills communities. Those fortunate enough to with the federal government. As part of this re- ations, Parking Management, and the Office of meet and work with Nancy instantly recognize lationship Al/AN agreed to entrust the federal Organizational Support. The Office is respon- her enthusiasm and passion for helping oth- government with their resources such as land, sible for design and development of all new ers. natural resources, enterprises, judgement projects, field and systems operations of the A graduate of the University of California, awards and investment income. Under the De- City’s traffic signal system, transportation re- Los Angeles with a Bachelor of Arts degree in partment of the Interior, the Bureau of Indian view of all new development, operation of the History, Nancy currently works part time at Affairs (BIA) has been given the authority by commuter express and community transit Salomon Smith Barney in Glendale, California. the federal government to manage Indian re- serving 26 City areas, management of parking She has been married to Chip Stone for 19 sources and other assets. programs, intersection control, and school years and is the proud mother of Sarah and Unfortunately, the BIA has not honored this crossing guard services. Under her manage- Rob. trust relationship. Instead, they have managed ment, the Department of Transportation has Her dedication to her children has mani- to ‘‘mismanage’’ the trust accounts of 315 In- received national recognition for programs fested itself in the groups and organizations dian tribes with over 1,400 accounts worth showcasing the development and deployment which she leads and supports. She has over $2.6 billion for many years. of advanced technologies, environmental served as the President of the Mountain Ave- S. 1857 will expand the current statute of achievements, and sensitive streetscape de- nue Elementary School PTA and as the Vice limitations until 2005 allowing Indian tribes to sign. President of the Rosemont Middle School postpone filing claims against the U.S. relating In addition to her work with the City, Ms. PTA. Noted for her involvement with Seeds of to the management of their trust fund ac- Banerjee has been actively involved with nu- Peace, an organization she helped to create counts. It will enable the trust account holders merous professional associations and has re- to actively nurture a caring and accepting the time necessary to identify where their ceived numerous awards. Such awards in- community, Nancy has dedicated herself to money is going. This legislation will hold the clude being named ‘‘Employer of the Year working for a more peaceful neighborhood en- BIA accountable for their mismanagement and 2001’’ by the Women’s Transportation Sem- vironment in which to live and raise our fami- squandering of Indian people’s money. This inar and ‘‘Affiliate Businesswoman of the Year lies. past December my constituents of the Navajo 2000’’ by the National Association of Business Her outstanding work with the community’s Nation, Jicarilla Apache and Pueblos (over Owners. young people truly sets her apart as someone 40,000 people) did not receive their royalty Mr. Speaker, I would like to join Frankee who is keenly aware that our future lies with checks, money they greatly depend on for Banerjee’s family and friends in congratulating our children and in recognizing that, she has rent, clothing, food and other basic neces- her on her retirement. I thank her for her ex- introduced innovative program ideas to help sities. emplary performance, and her distinguished enrich the lives of all young people. She cre- Today, the Congress has the opportunity to and dedicated service to the people of the City ated the Community Service Learning Project honor and enforce its trust responsibility to Al/ of Los Angeles. I wish her well in her future in order to extol the values of unselfishness AN people. I fully support S. 1857 and encour- endeavors. and community caring. Today the project has age my fellow colleagues to do the same. We f 600 students who dedicate approximately must make the BIA accountable for their ac- COMMENDING PENTAGON 10,000 volunteer hours to the community each tions. RENOVATION PROGRAM year. Currently, she is the driving force behind f efforts to open an after school teen center for SPEECH OF the high school students of my district. TRIBUTE TO FRANCES T. For her efforts, the community has recog- BANERJEE HON. ALCEE L. HASTINGS nized her for selflessness and unsurpassed OF FLORIDA giving. In 2001 she was named the Glendale HON. LUCILLE ROYBAL-ALLARD IN THE HOUSE OF REPRESENTATIVES Tuesday, March 19, 2002 Youth Coalition’s Woman of the Year and in OF CALIFORNIA the same year was named as one of the Glen- IN THE HOUSE OF REPRESENTATIVES Mr. HASTINGS of Florida. Mr. Speaker, I dale News Press’s 103 Most Influential Peo- rise today to join with my colleagues in com- Wednesday, March 20, 2002 ple. The Crescenta Valley Chamber of Com- mending the great work that the Pentagon merce named her their Woman of the Year in Ms. ROYBAL-ALLARD. Mr. Speaker, I rise Renovation Program and its contractors have 1995. to commend Frances T. (Frankee) Banerjee completed so far. I ask all Members of Congress to join me on twenty-five years of distinguished service to The renovation effort, also known as the today in honoring an outstanding and extraor- the City of Los Angeles. A very accomplished Phoenix Project, is slated to be complete on

VerDate 112000 03:39 Mar 22, 2002 Jkt 099060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A20MR8.045 pfrm02 PsN: E21PT1 March 21, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E405 September 11, 2002—exactly one year after but to also recognize women who are making copter he was a passenger in was brought the despicable act of terror. I am proud to ac- a difference in my community. While a month down by machine-gun fire and a rocket pro- knowledge that the Phoenix Project is running of remembrance is certainly not sufficient, I pelled grenade. Jason and his six crew- 6 weeks ahead of schedule. am honored today to pay homage to such members were trying to rescue a Navy SEAL The dedication of the government employ- women as Eleanor Roosevelt, Sandra Day who had fallen out of the helicopter. ees and independent contractors once again O’Connor, Harriet Tubman, Sally Ride and all Jason grew up in New Mexico, spending shows the resolve that this nation has always the women of my Congressional District, most of his childhood in the southern part of shown in times of adversity. In fact, initially the whose contributions have made a profound the state, but he attended high school in workers toiled around the clock to continue difference in the face and fabric of our nation. Farmington and his parents currently reside in this extraordinary effort. They have even put I stand today, to recognize an outstanding my district in Gallup, New Mexico. up a digital clock at the site, counting down woman of California’s 27th Congressional Dis- Following graduation, Jason joined the the days to September 11, 2002, to remind trict, Ms. Denise Nelson Nash. Ms. Nash’s Navy, finished his four years, and re-entered them of the victims who perished, with the in- passion for community and especially the arts the armed forces, this time joining the Air tentions of finishing the reconstruction on Sep- has made the City of Pasadena and sur- Force and attending Pararescue School, from tember 11, 2002. rounding areas, a more rich and vital environ- which he graduated in June of 2001. Mr. Speaker, after the terrorist attacks on ment in which to live. It was in February of this year that Jason September 11 on the Pentagon, 400,000 Ms. Nash is a graduate of Scripps College was sent to Afghanistan to join the front lines square feet of demolition work had to be car- and earned her Masters of Fine Arts from the in the war against terror and left behind his ried out before the reconstruction efforts could University of Michigan. She began her profes- loved ones for the call of duty. begin. This process was expected to take 4 to sional career as a professor and has since Last week, Jason received a deserved he- 7 months, but was finished in just one month. taught at Delta College, Illinois Wesleyan Uni- roes burial in Arlington National Cemetery Also, out of about 4600 displaced employees, versity, and Borough Manhattan Community where he took his place among the men and 1500 have already returned to their old office College. Noted for her passion and ability as women who have, like Jason, courageously spaces. a teacher, she was invited to be director of the answered their country’s call. The speed, resiliency, and efficiency with contemporary dance program at the Instituto Douglas MacArthur once said, ‘‘the soldier which this project has been carried out is a re- de Danza in Caracas, Venezuela. above all people, prays for peace for he or minder of the determination that our nation A strong advocate of the arts and especially she must suffer and bear the deepest wounds has, the determination that was first seen on arts education, Ms. Nash was the director of and scars of war.’’ However, I am sure that the United and American flights, and continues the Plaza de la Raza School of Performing Jason’s family, and the families of the other to be seen in the efforts of these workers. and Visual Arts in East Los Angeles and in brave men and women who have died in serv- Mr. Speaker, before September 11, these 1985 founded Bottom Line Dance Collective, a ice to their country also deeply feel the scars workers were working about 5 days per week nonprofit organization providing creative op- of war. Let us keep all the families with sons to renovate the Pentagon, but after the attack, portunities for young people throughout the and daughters on the front lines in the war they have put aside their own fears and re- Los Angeles area. against terror in our thoughts and prayers. turned for even longer work days. A lot of For six years, Denise served as the Director f these workers lost their loved ones in these of the Arts for the City of Pasadena. In this ca- terror attacks, yet they have endured through pacity she provided leadership for the Public TRIBUTE TO SUSAN FLORES their personal grief to offer some solace to the Art Program, arts education programs in the rest of the nation. city’s schools, community arts programs, and HON. LUCILLE ROYBAL-ALLARD This reconstruction effort is more than just special projects including the Pasadena Emmy OF CALIFORNIA the rebuilding of the old Pentagon building. Celebration and HBO Pictures Production IN THE HOUSE OF REPRESENTATIVES Additional security concerns are being ad- ‘‘The Tuskegee Airmen.’’ Currently, Denise Wednesday, March 20, 2002 dressed including updated ventilation system serves as the Director of the Office of Public to guard against nuclear, biological or chem- Events for the California Institute of Tech- Ms. ROYBAL-ALLARD. Mr. Speaker, it is an ical attacks. The work continues around the nology (Caltech). honor for me to recognize and congratulate clock. This is a testament to the selfless dedi- Throughout her career, Denise has focused Susan Flores on her 33 years of exceptional cation that these unsung heroes have shown on using her position to enhance opportunities service to the City of Los Angeles. She has for the past six months. for others. As an advocate of the arts and made significant contributions to the City gov- Mr. Speaker, the workers involved with the community events, she has opened a realm of ernment throughout her career, and I wish her Phoenix Project have aptly adopted the words possibilities to young and old alike and has the best in her retirement. once uttered by Todd Beamer as their motto. created an environment in which art is appre- Ms. Flores entered her public service career The sign reading ‘‘Let’s Roll’’ now sits above ciated, respected and loved. in 1968 with the Concentrated Employment the digital clock constantly reminding them I ask all Members of Congress to join me Program, where she directed the delivery of and all of us of all the challenges that lie today in honoring an outstanding and extraor- intense education, training and employment ahead and all the challenges that we have al- dinary woman of California’s 27th Congres- services to disadvantaged youth and adults in ready overcome. I would like to assure every- sional District, Ms. Denise Nelson Nash. The East Los Angeles. one involved with this renovation project that entire community joins me in thanking Denise Her dedication and hard work then led her we are behind them every step of the way in for her continued efforts to make the 27th to work with the City of Los Angeles’ Commu- this monumental task that they have taken on Congressional District a more vibrant and en- nity Development Department, where she was with such grace. joyable place to live. directly involved with planning and imple- menting programs funded through federal f f grants from the U.S. Departments of Housing A TRIBUTE TO DENISE NELSON AIRMAN CUNNINGHAM and Urban Development and Health and NASH, 27TH CONGRESSIONAL DIS- Human Services. From 1982 to 1989, while TRICT WOMAN OF THE YEAR— HON. TOM UDALL serving as the Director of Human Services 2002 OF NEW MEXICO and Neighborhood Development Division, Ms. IN THE HOUSE OF REPRESENTATIVES Flores ably administered the City Human Services Delivery System that provided serv- HON. ADAM B. SCHIFF Wednesday, March 20, 2002 OF CALIFORNIA ices to the City’s neediest residents. Her work IN THE HOUSE OF REPRESENTATIVES Mr. UDALL of New Mexico. Mr. Speaker, I addressed a variety of needs, such as rise today to pay tribute to pararescueman childcare, legal aid, food and nutrition, home- Wednesday, March 20, 2002 Jason Cunningham—one of America and New lessness and AIDS. Mr. SCHIFF. Mr. Speaker, I rise today to Mexico’s true heroes. From 1989 to 1999, Ms. Flores was Director honor Women’s History Month. Each year, we Jason was one of our six brave soldiers of the Department’s Workforce Development pay special tribute to the contributions and killed during a shoot-out in the mountainous Division, which had one hundred full-time staff sacrifices made by our nation’s most notable Gardez area of Afghanistan on Monday, and a $130 million grant from the U.S. Depart- women during the month of March and it is my March 4th. Jason participated in the insertion ment of Labor to carry out the Job Training honor to not only recognize women of the past of Special Forces in the area when the heli- Partnership Act, Welfare-to-Work, and the

VerDate 112000 03:39 Mar 22, 2002 Jkt 099060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A20MR8.049 pfrm02 PsN: E21PT1 E406 CONGRESSIONAL RECORD — Extensions of Remarks March 21, 2002 Summer Youth Employment Training Pro- helped to create diversion programs for chil- It is a special honor for me to recognize Ms. grams. dren confined in adult prisons. He commenced Mary Alice O’Connor for her outstanding con- Since 1999, Susan Flores has served as the work on Guam in 1987, under the auspices of tributions to California’s 27th Congressional Assistant General Manager of the Community the Catholic Church as the Director of Youth District. Mary Alice has generously contributed Development Department of the City of Los Ministry. In 1998, the University of Michigan over 50 years of volunteer service to the Angeles. She has been responsible for man- conferred upon him a joint Ph.D. in Social Southern California community and residents aging the City’s federal grants that fund the Work and Psychology. His doctoral disserta- of Burbank, California are especially appre- Human Service, Economic Development and tion was entitled, ‘‘Ethnicities and Masculinities ciate of her efforts on behalf of the community. Workforce Development Programs. Through in the Making: A Challenge for Social Work in Mary Alice has lived in Burbank for 58 her work, she has been able to serve all the Guam.’’ For the past three years, Dr. Schwab years, moving from Berkeley in 1944. She and resident of Los Angeles by helping neighbor- has chaired the Division of Social Work within her husband Ken raised two children, John hoods, businesses, families, adults, youth, job the University of Guam’s College of Nursing and Joan Patricia. Mary Alice is the proud seekers and those in need. and Health Sciences. Through the years, he grandmother of three granddaughters, Christy, I am sure that Ms. Flores is looking forward has made numerous contributions to the uni- Kendall, and Paige. to spending more time with her husband, versity, the social work community and the is- Mary Alice has always been a strong sup- John, and their family. I would like to thank land of Guam. porter of the community. Ever since World her for her service to the residents of the City Also deserving recognition are ‘‘Project Bea- War II when Mary Alice and a number of vol- of Los Angeles, and wish her the best in all of con’’ of the Pacific Daily News, a project unteers wrapped Christmas presents for her future endeavors. spearheaded by Guam’s daily newspaper American troops, she has dedicated herself to working towards addressing the local problem f improving the lives of others. Since then she of teen suicide, and ‘‘Stand,’’ a local welfare has been involved with the Boy Scouts and 2002 GUAM SOCIAL WORK MONTH advocacy group—which were nominated this Girl Scouts, has served on the Board of Direc- year for the Community Service Award. Jesse tors of the Burbank Health Care Foundation, Sablan Catahay, Lisa Natividad, Yvonne and she currently serves as the Fundraising HON. ROBERT A. UNDERWOOD Paulino and Patricia Stracener also deserve OF GUAM Committee Chairman for the Providence Saint commendation for their contributions which Joseph Medical Center Capital Campaign. IN THE HOUSE OF REPRESENTATIVES earned them nominations for the Social Work- Mary Alice is most noted for her dedication er of the Year Awards. Wednesday, March 20, 2002 to the community’s students and especially It is worthy to note that this year marks the ensuring that all students are exposed to the Mr. UNDERWOOD. Mr. Speaker, on the is- end of an era which signals a new beginning. arts. Over the years, she has served on nu- land of Guam, the month of March is des- The GASW has decided to dissolve and trans- merous PTA boards and served as an elected ignated as ‘‘Social Work Month.’’ For over fer its assets to the Guam Chapter of the Na- official on the Burbank Board of Education. In twenty-two years, the Guam Association of tional Association of Social Workers (NASW). promoting arts education Mary Alice worked Social Workers (GASW) has sponsored train- Having been instrumental in bringing the hard to reopen the Starlight Bowl for a sum- ing conferences for human service workers of NASW to Guam, the activities and ideals pro- mer music series and she served as the first the region. This year’s theme, ‘‘Collaboration: moted by GASW over the years will continue chairman of The Children’s Open House at the Meeting our Social Challenges through Part- to be fostered and preserved. This merger al- Bowl, which introduced thousands of children nerships,’’ gives participants the opportunity to lows the Guam community access to the re- each year to the joys of music, dance, poetry acquire and share knowledge and skills in col- sources of the national association as well a and theater at the Hollywood Bowl. laborative efforts. It has been recognized that voice in the formulation of NASW approaches current social problems could be overcome to national social policies. I am sure that the For her efforts, Mary Alice has been has re- only through partnerships and cooperation be- people of Guam will reap the benefits in the ceived The National Volunteer Center Beau- tween the government, private nonprofit orga- years to come. tiful Activist Award and in 1998 received the nizations, community groups and the business Once again, I congratulate this year’s Older American Recognition Award. In 1999 community. awardees, nominees, the Guam Association of the Kiwanis Club of Burbank honored her at The highlight of ‘‘Social Work Month’’ is an Social Workers (GASW), and the Guam Chap- their Annual Gala. awards dinner where awards for Community ter of the National Association of Social Work- I ask all Members of Congress to join me Service and the Social Worker of the Year ers (NASW). The people of Guam appreciate today in honoring an outstanding and extraor- was presented. This year’s Community Serv- their good work. dinary woman of California’s 27th Congres- ice Award was presented to the Guam Hous- f sional District, Ms. Mary Alice O’Connor. The ing and Urban Renewal Authority (GHURA). entire community joins me in thanking Mary The University of Guam’s Dr. Gerhard J. A TRIBUTE TO MARY ALICE O’CON- Alice for her continued efforts to make the Schwab was chosen to receive the prestigious NOR, 27TH CONGRESSIONAL DIS- 27th Congressional District a community com- Social Worker of the Year Award. TRICT WOMAN OF THE YEAR— mitted to our children. The Guam Housing and Urban Renewal Au- 2002 thority administers grants and programs in- f volving community planning and development, HON. ADAM B. SCHIFF FURTHER EXPLANATION OF RE- housing services, fair housing and equal op- OF CALIFORNIA SERVE FUND FOR MEDICARE portunity. This agency has been instrumental IN THE HOUSE OF REPRESENTATIVES in the revitalization of neighborhoods, the MODERNIZATION AND PRESCRIP- management and distribution of affordable Wednesday, March 20, 2002 TION DRUGS housing, the expansion of economic opportuni- Mr. SCHIFF. Mr. Speaker, I rise today to ties, and the improvement of community facili- honor Women’s History Month. Each year, we HON. JIM NUSSLE ties and services as well as emergency home- pay special tribute to the contributions and less shelters. Their programs and projects as- sacrifices made by our nation’s most notable OF IOWA sist homeless people, the youth, the elderly as women during the month of March and it is my IN THE HOUSE OF REPRESENTATIVES well as low and moderate income families. honor to not only recognize women of the past Wednesday, March 20, 2002 GHURA’s efforts definitely complements this but to also recognize women who are making year’s theme. a difference in my community. While a month Mr. NUSSLE. The Fiscal Year 2003 Budget Dr. Schwab initially entered the field of so- of remembrance is certainly not sufficient, I Resolution Section-By-Section Report lan- cial work in his native Austria working under am honored today to pay homage to such guage (Report 107–376) which further ex- the auspices of Caritas, an international women as Eleanor Roosevelt, Sandra Day plains Section 202(b) of H. Con. Res. 353 Catholic Social services organization. His in- O’Connor, Harriet Tubman, Sally Ride and all (i.e., the application of the reserve fund for volvement with this group brought him, at one the women of my Congressional District, Medicare modernization and prescription time, to the highlands of Papua, New Guinea whose contributions have made a profound drugs) is meant only as an illustrative exam- where he worked with gang leaders and difference in the face and fabric of our nation. ple.

VerDate 112000 03:39 Mar 22, 2002 Jkt 099060 PO 00000 Frm 00014 Fmt 0626 Sfmt 0634 E:\CR\FM\A20MR8.052 pfrm02 PsN: E21PT1 March 21, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E407 LEASE LOT CONVEYANCE ACT OF low suffragists, Elizabeth Cady Stanton and the women of my Congressional District, 2002 Lucretia Mott, lived nearby. Prominent civil whose contributions have made a profound rights activists like Frederick Douglass and difference in the face and fabric of our nation. SPEECH OF Harriet Tubman, who also supported women’s It is my distinct honor to recognize the per- HON. TOM UDALL rights ardently, moved to the region and spent sonal achievements of one of California’s 27th Congressional District’s most outstanding OF NEW MEXICO most of their adult lives there. In 1848, the First Women’s Rights Conven- women. Mary Pinola has dedicated over 20 IN THE HOUSE OF REPRESENTATIVES tion was held in Seneca Falls, New York. Re- years of service to this community and it is an Tuesday, March 19, 2002 flecting upon this remarkable event never fails honor to recognize her for her continued ef- Mr. UDALL of New Mexico. Mr. Speaker, I to inspire me. After only a week of planning forts in support of so many worthwhile organi- rise today in support of H.R. 706, the Lease and notice, over three hundred men and zations and foundations. Lot Conveyance Act of 2002 introduced by my women from all over the region converged on Mary received her Bachelor of Arts in Soci- good friend Representative Joe Skeen. Seneca Falls for the ‘‘Woman’s Rights Con- ology from California State University, Long Let me begin by saying that the citizens of vention.’’ This event heralded the beginning of Beach and later received from the same uni- Sierra County, where this legislation is tar- a movement that would yield to women the versity, a Master of Arts degree in Speech- geted, have been well represented by Chair- right to vote 72 years later, and signal an on- Communication. She completed her education man SKEEN for the past 22 years. As a mem- going struggle for equity in the home, in the by receiving her Ph.D. in Education from the ber of the House Resources Committee, it workplace, and before the law. University of Southern California. Mary cur- was a pleasure for me to support H.R. 706 Today, the site of the First Women’s Rights rently serves as the Director of Development during its committee process and a greater Convention is the home of the Women’s for the AAF Rose Bowl Aquatics Center and pleasure for me to support it today as the Rights National Historical Park, a respected has served as the Director of Community Re- House prepares to vote on its passage. unit of the National Park Service. Nearby are lations for Verdugo Hills Hospital, as an Ad- This legislation seeks to correct a situation other important sites, such as the Hunt House, junct Lecturer at California State University, that began on the Elephant Butte Reservoir in where the Declaration of Sentiments was Long Beach and as a High School Speech the 1930’s. The Federal Government offered drafted, and the M’Clintock House. Within an and English Teacher at Arroyo High School in citizens the opportunity to build recreational hour’s drive, we find a host of other places im- El Monte, California. homes on land leased from the U.S. Bureau of portant in women’s history—the Harriet Tub- Over the years, Mary has dedicated herself Reclamation. The covenants in the lease re- man Home for the Aging in Auburn, the Ma- to founding and joining groups and organiza- quired leaseholders to make substantial in- tilda Joslyn Gage House in Fayetteville, and tions that truly make a positive and lasting im- vestments on the four hundred sites released the Ontario County Courthouse in pact on the community. Along with her hus- under the program. All leaseholders hoped Canandaigua, where Susan B. Anthony was band Charles Kenny, she is a founding mem- that one day the government would privatize put on trial for the crime of voting. ber of the La Can˜ada Educational Foundation, the land and offer it for sale. Because that has I am proud to introduce today legislation a Member of the Board of Directors of the not occurred, this bill allows current lease- that would link all of these sites in a way that Roger Barkley Community Center, and has holders the opportunity to purchase the land. will benefit students, scholars, and visitors served as the chair of countless numbers of Mr. Charles Ward, President of the Elephant alike. The Votes for Women History Trail Act charitable fundraisers. More recently, Mary has been the driving Butte/Caballo Leaseholders Association, who directs the National Park Service (NPS) to es- force behind raising funds for the Mary Pinola/ testified before the Resources Committee last tablish an auto route connecting these various Crescenta Valley Chamber of Commerce Edu- year said, ‘‘Our hold on the lease lots we call sites. The trail would be established in accord- cational Endowment Fund. The Fund gives ‘‘home’’ is tenuous, at best. We are all acutely ance with the recommendations contained in annual grants to educational programs aware we can be removed at any time due to an NPS feasibility report funded by Congress. throughout the Crescenta Valley. This year, a clause in our lease agreement which states, This trail will allow tourists, educators, and the Fund grew to $66,000 and has been in- if the government determines there is a great- others to connect the many sites and events vested in a Donor Advised Account with the er need for these lots, they can give us a 60 critical to women’s history and place them in Glendale Community Foundation to ensure a day notice and we must return our lease lots context. It will also serve as a new tourist des- legacy of charitable gifts. She has also been to their original condition.’’ tination for the region, bolstering the flagging These homeowners deserve to know that economy. Finally, it will give well-deserved instrumental in raising funds for the Outdoor ˜ their lease fees will not increase, and deserve prominence to the importance of women’s his- Science Laboratory at La Canada Elementary to have the safety and security of a permanent tory for our region and our nation as a whole. School, which will be completed in the fall of home. As far as I am concerned, this is a crit- I am proud to sponsor this new initiative, 2002. I ask all Members of Congress to join me ical economic development issue for the citi- and I hope my colleagues will join me in sup- today in honoring an outstanding and extraor- zens of Sierra County in Congressman porting the Votes for Women History Trail Act. dinary woman of California’s 27th Congres- SKEEN’s district. I look forward to working with the Resources sional District, Ms. Mary Pinola. The entire Again, it is a pleasure to support this legisla- Committee to ensure its timely consideration community joins me in thanking Mary for her tion. I look forward to working with Chairman and passage. continued efforts to make the 27th Congres- SKEEN, during this second session of the f sional District a place of extraordinary, selfless 107th Congress on mutual issues that are of giving. benefit to the people of New Mexico. A TRIBUTE TO MARY PINOLA, 27TH CONGRESSIONAL DISTRICT f f WOMAN OF THE YEAR—2002 IN HONOR OF DR. DONALD N. INTRODUCTION OF VOTES FOR LANGENBERG WOMEN HISTORY TRAIL ACT HON. ADAM B. SCHIFF OF CALIFORNIA HON. STENY H. HOYER HON. LOUISE McINTOSH SLAUGHTER IN THE HOUSE OF REPRESENTATIVES OF MARYLAND OF NEW YORK Wednesday, March 20, 2002 IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Mr. SCHIFF. Mr. Speaker, I rise today to Wednesday, March 20, 2002 Wednesday, March 20, 2002 honor Women’s History Month. Each year, we Mr. HOYER. Mr. Speaker, on April 30, Dr. Ms. SLAUGHTER. Mr. Speaker, I rise today pay special tribute to the contributions and Donald N. Langenberg, who has served as to celebrate Women’s History Month by intro- sacrifices made by our nation’s most notable chancellor of the University System of Mary- ducing an important new bill: the Votes for women during the month of March and it is my land for more than a decade, will retire after Women History Trail Act. honor to not only recognize women of the past a lifetime of service to higher education. I have the great privilege to represent in but to also recognize women who are making Dr. Langenberg has left a mark in academe Congress the City of Rochester, New York, a difference in my community. While a month as few others have. As chancellor of the Uni- and its suburbs—a region considered by many of remembrance is certainly not sufficient, I versity System of Maryland, he has overseen to be the cradle of the women’s rights move- am honored today to pay homage to such the emergence of a nationally recognized pub- ment. Rochester was the proud home of women as Eleanor Roosevelt, Sandra Day lic university system, with top-ranked pro- Susan B. Anthony; her close friends and fel- O’Connor, Harriet Tubman, Sally Ride and all grams, unprecedented levels of state funding,

VerDate 112000 03:39 Mar 22, 2002 Jkt 099060 PO 00000 Frm 00015 Fmt 0626 Sfmt 9920 E:\CR\FM\A20MR8.056 pfrm02 PsN: E21PT1 E408 CONGRESSIONAL RECORD — Extensions of Remarks March 21, 2002 and extraordinary increases in grants and con- among national business and education lead- wrote for the Clovis News Journal, he wrote, tracts to conduct research. As the first chan- ers. He has been President and Chairman of ‘‘I have the best job in the Air Force at the cellor of the University of Illinois at Chicago, the Board of the American Association for the best base in the Air Force.’’ he was instrumental in creating a campus now Advancement of Science (AAAS), Chairman of I traveled to Cannon shortly after the events known for its quality and diversity. His leader- the Board of the National Association of State of September 11, to receive a briefing from ship at the National Science Foundation, the Universities and Land-Grant Colleges Colonel Remington about the role that the University of Pennsylvania, the National Asso- (NASULGC), and President of the American base was playing in light of the attacks. During ciation of System Heads, and other academic Physical Society (APS). He also recently con- our meeting, he expressed his absolute con- groups has contributed to an era of extraor- cluded ten years of service on the Board of fidence in the men and women who served dinary growth and vitality in American higher Trustees of the University of Pennsylvania and under him at the base. It was most inspiring education. is the immediate past Chairman of the Presi- to see a leader who believed so much in the Mr. Speaker, as a founding member of dents’ Council of the Association of Governing people he was guiding. I believe it is that type Maryland’s K–16 Partnership for Teaching and Boards of Universities and Colleges (AGB). of leadership that has made him so admired Learning, he led the state toward an education Mr. Speaker, in addition to serving the larg- and effective at Cannon. system that will provide students a seamless er public through his work on various boards, Of course his tenure at Cannon is only one transition from preschool to the college years Dr. Langenberg has also served in quieter, of many assignments that he has had in an Air Force career that spans twenty-five years. and beyond. His work as chair of the National though equally profound ways. Both through After graduating in 1977 from the U.S. Air Reading Panel helped disseminate his example and through individual mentoring, Force Academy, he earned his wings as a dis- groundbreaking research and bold rec- he has helped develop key academic leaders tinguished graduate of pilot training at Williams ommendations about the bedrock of edu- for the University System of Maryland and for cation: teaching children how to read. Air Force Base, Arizona. Colonel Remington higher education in general. By serving as an flew F–16s in Europe where he filled numer- Dr. Langenberg has also contributed enor- advisor to people of talent and ability, Dr. mously to his academic field of physics, con- ous positions, He was also a pilot for the Langenberg has helped many institutions find Thunderbirds. His previous command assign- ducting research into experimental condensed exceptional faculty, provosts, and presidents. matter physics and materials science. His ear- ments include the 80th Fighter Squadron at Mr. Speaker, Dr. Langenberg’s lifetime of Kunsan Air Force Base in Korea and the liest research was concerned with the elec- achievement and service will be celebrated on tronic properties and Fermi surfaces of metals 366th Operations Group at Mountain Home Air April 20 at a special retirement gala that will Force Base in Idaho. and degenerate semiconductors. A major part raise endowment funds for the Langenberg Such a distinguished career has led to a of his research career was devoted to the Lecture and Award, two efforts to continue his number of awards and decorations including study of superconductivity, particularly the Jo- vision of education as a life-long journey of the the Defense Superior Service Medal, the Le- sephson effects and nonequilibrium super- human mind. Mr. Speaker, I know the Mem- gion of Merit, the Distinguished Flying Cross, conductivity. He is perhaps best known for his bers of the House join me in thanking Dr. and others. work on the determination of certain funda- Langenberg for nearly 50 years of service in Cannon Air Force Base has benefited from mental physical constants using the ac Jo- higher education and I rise to congratulate him having such an accomplished and disciplined sephson effect. A practical consequence of on his well-deserved retirement. commander at its helm for the past two years. this work was the development of a radically f I know that Colonel Remington will positively new type of voltage standard that is now used impact all of his future assignments. For my- around the world. One of the major publica- TRIBUTE TO COLONEL JEFFREY A. self, I look very forward to meeting and work- tions resulting from this work is among the REMINGTON ing with his successor, Colonel Robert Yates, most frequently cited papers published by the who is leaving as commander of the 355th Reviews of Modern Physics during the 1955– HON. TOM UDALL Operations Group at Davis-Monthan Air Force 86 period, and has been dubbed a ‘‘citation OF NEW MEXICO Base in Arizona. classic.’’ The work has also been recognized IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, the residents of eastern New by the award to Dr. Langenberg and his co- Mexico will miss this extraordinary gentleman Wednesday, March 20, 2002 workers of the John Price Wetherill Medal of who served our New Mexico so well. I hope the Franklin Institute. Mr. UDALL of New Mexico. Mr. Speaker, that someday, somewhere, Colonel Remington Mr. Speaker, Dr. Langenberg is the author this is a sad month for the State of New Mex- reflects on his time in the Land of Enchant- or co-author of over one hundred papers and ico and at the same time a wonderful gain for ment and remembers the difference he made articles, and has edited several books. In addi- the Nation. Colonel Jeff Remington, com- in our community. I am proud that I had the tion to serving as Deputy Director of the Na- mander of the 27th Fighter Wing at Cannon opportunity to work with him, and I remain tional Science Foundation from 1980–1982, he Air Force Base will be leaving on March 28. confident that his example will continue to live has held predoctoral and postdoctoral fellow- After an admirable tenure, he has been se- in the hearts and minds of his fellow officers. ships from the National Science Foundation, lected to command the 18th Wing, Pacific Air f the Alfred P. Sloan Foundation, and the John Forces at Kadena Air Base in Japan. THE LEGACY ACT: LIVING EQUI- Simon Guggenheim Foundation. He has been While we are disappointed to see him go, TABLY, GRANDPARENTS AIDING a visiting professor or researcher at Oxford we are very grateful for the contributions he CHILDREN AND YOUTH University, the Ecole Normale Supe´rieure, the made to Cannon and eastern New Mexico in California Institute of Technology, and the general. Since arriving in May 2000, Colonel Technische Universita¨t Mu¨nchen. In addition Remington, with steadfast personal commit- HON. MICHAEL E. CAPUANO to the Wetherill Medal, he has been awarded ment, led the base with pride and honor. He OF MASSACHUSETTS the Distinguished Contribution to Research continually demonstrated outstanding leader- IN THE HOUSE OF REPRESENTATIVES Administration Award of the Society of Re- ship in every manner. All who have served for Wednesday, March 20, 2002 search Administrators, the Distinguished or with Colonel Remington have nothing but Mr. CAPUANO. Mr. Speaker, I am pleased Achievement Citation of the Iowa State Uni- praise and the highest personal regard for today to join my good friend CONNIE MORELLA versity Alumni Association, and the Significant him. in introducing important legislation to help ad- Sig Award of the Sigma Chi Fraternity. He is a man of exemplary character, and dress an issue in our nation that is only start- Dr. Langenberg has served as advisor or the highest sense of personal honor. He epito- ing to receive national attention—grandparents consultant to a variety of universities, industrial mizes all that the concept of being involved in raising their grandchildren. firms, and governmental agencies. He cur- the United States Air Force represents. According to recent data from the Census rently serves on the Board of Directors of the Colonel Remington made a special empha- Bureau, the number of intergenerational fami- Alfred P. Sloan Foundation, is President of the sis on positioning Cannon Air Force Base as lies increased more than fifty percent between National Association of System Heads a community partner with the surrounding 1990 and 1998. It is estimated that more than (NASH), and is Chairman of the Board of Di- counties. He made a point to participate in 4 million children across America are being rectors of The Education Trust, Inc. He is a local events, let the public know about the raised by their grandparents. Many of these member of the Business-Higher Education base’s contributions to national defense, and children have parents who have passed away, Forum, a partnership of the American Council in essence, became a neighbor. are in prison, or are suffering from drug or al- on Education and the National Alliance of He never hid the joy that he had in this par- cohol addictions, while some have been taken Business intended to foster communication ticular assignment. Indeed, in an editorial he out of abusive homes.

VerDate 112000 03:39 Mar 22, 2002 Jkt 099060 PO 00000 Frm 00016 Fmt 0626 Sfmt 9920 E:\CR\FM\A20MR8.059 pfrm02 PsN: E21PT1 March 21, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E409 These intergenerational families or pay special tribute to the contributions and to the condition of our United States Postal ‘‘Grandfamilies’’ live in rural areas, inner cities sacrifices made by our nation’s most notable Service. In a proceeding now before the Post- and suburbs. They come from all races and women during the month of March and it is my al Rate Commission, the Postal Service, which ethnicities, and live in every state in the na- honor to not only recognize women of the past is in considerable financial difficulty, is pro- tion. Many of these grandparents survive on but to also recognize women who are making posing to give large mailers more than $700 fixed incomes—social security, a small pen- a difference in my community. While a month million per year in unjustified discounts. The sion—and face not only the rising cost of pre- of remembrance is certainly not sufficient, I cost of these unjustified discounts will be im- scription drugs, but also the cost of diapers, am honored today to pay homage to such posed on individual citizens and small busi- baby formula, toys, and school clothes. women as Eleanor Roosevelt, Sandra Day nesses who must use the United States postal Unfortunately, our nation’s housing policy O’Connor, Harriet Tubman, Sally Ride and all system. has not kept up with the unique needs of the women of my Congressional District, It has been widely reported in the press that these families. There is currently only one whose contributions have made a profound the Postal Service has suffered financial dif- housing development in the entire country difference in the face and fabric of our nation. ficulties as a result of the terrorist attacks on specifically designed for intergenerational fam- I honor today, Dr. Rita Vorperian. Dr. September 11, and the problems caused by ilies—the Grandfamilles House in Boston, Vorperian currently serves as the Senior Ad- the discovery of anthrax in the mail. What has Massachusetts. The House offers apartments ministrator and Executive Secretary of the Ar- been less reported, but which is of equal or with special features for both grandparents menian Relief Society of Western U.S.A. Re- even greater long-run significance, is the fact and children, including childproof kitchen cabi- gional Executive. In this capacity, Rita has that important issues of public policy affecting nets and handicapped-accessible bathrooms. fought hard to bring both humanitarian and the vital interests of the Postal Service are being debated and decided in a little-noticed There are also activities for seniors and chil- economic relief to the people of Armenia and proceeding before the Postal Rate Commis- dren, an outdoor playground and an on-site its government who are currently suffering sion. computer lab. through troubling economic times. I am deeply concerned that the policy deci- I am introducing the LEGACY Act in re- A native of Aleppo, Syria, Rita is a graduate sions about to be made by the Postal Rate sponse to the growing number of communities of the Karen Yeppe Armenian High School of Commission may cripple the Postal Service. throughout the nation that have been working Aleppo. She attended St. Joseph University in Unfortunately, the Postal Service itself ap- to build on the model of the Grandfamilles Beirut and graduated with a three-year course pears to be cooperating with those who seek House in Boston. The title of the legislation in higher Armenological studies. On her arrival to exploit or weaken it. was inspired by an Academy-Award nomi- in the United States, Rita enrolled at the Uni- I am referring to the fact that, in a mis- nated documentary film chronicling the life of versity of California, Los Angeles where she guided effort to speed up the postal rate in- a grandmother raising her grandchildren and attained her Bachelor of Arts degree in Near creases, the Postal Service has proposed, and their struggle to move out of a Chicago hous- Eastern Studies, her Masters Degree in Near the Postal Rate Commission seems poised to ing project. Eastern Languages and Cultures, and her accept, rates that will subsidize large business The legislation creates demonstration pro- PhD in Armenian literature and criticism. mailers at the expense of individuals and grams through both the Section 8 Housing Her professional career is as exemplary as small businesses. This may occur because the Certificate Fund and the Section 202 Elderly her educational background. She has been Postal Service has proposed setting presort Housing program. These demonstration active in the field of journalism, making sub- discounts for large business mailers at a rate projects will enable housing developers and missions to AZTAG Daily of Beirut, ASBAREZ which cannot be justified by the cost-savings advocacy groups additional flexibility in secur- of Los Angeles, and HATRENIK of Boston. to the Postal Service when mail is presorted. ing financing for this housing and providing She has also contributed essays and short The only party opposing the proposal to es- ongoing services to intergenerational families. stories to the literary magazine PAKINE of tablish excessive discounts for presorted mail In addition, the LEGACY Act clarifies that Beirut. is the American Postal Workers Union. I am grandparents raising their grandchildren are Her mastery of seven languages including: well aware, of course, that postal workers eligible for family unification assistance, allows Armenian, Arabic, French, English, Turkish, have a self-interest in opposing pre-sorting of access to fair housing funds for education and Spanish and Russian has helped her in her mail. To the extent that mail is pre-sorted, outreach efforts about the legal issues sur- role as an advocate for the people of Armenia work that might be done by postal employees rounding many of these families. It also directs around the world in serving their humanitarian is done by private industry. Nevertheless, the the Department of Housing and Urban Devel- needs as well as helping to preserve the cul- arguments made by the American Postal opment to provide specialized training for their tural heritage and identity of the Armenian Workers Union against excessive presort dis- employees focused on grandparent—and people. counts are correct and should be recognized other relative-headed families. Many grand- Her work as the Senior Administrator and and supported. The former Chief Financial Of- parents do not have access to the services Executive Secretary of the Armenian National ficer of the Postal Service, Dr. Michael Riley, they and their grandchildren need. These Relief Society of Western U.S.A. Regional Ex- has provided testimony in support of the training and outreach efforts will help raise the ecutive has helped establish a vital and en- APWU position opposing these subsidies for awareness of the unique issues these families riched Armenian community in the 27th Con- large mailers. Dr. Riley is no advocate for face each day. gressional District and she continues to work union interests, nor can he be discounted as While this bill is a small step in recognizing for cultural understanding and acceptance of an ideologue of any kind. Dr. Riley is a busi- the tremendous contributions of these grand- the Armenian prople in America. nessman, and he has addressed the issue of parents, it is my hope that it will help bring this I ask all Members of Congress to join me postal rate making from a sound business per- issue greater recognition. Affordable housing today in honoring an outstanding and extraor- spective. is only one of the many challenges these cou- dinary woman of California’s 27th Congres- As Dr. Riley has very persuasively argued rageous grandparents face as they raise the sional District, Dr. Rita Vorperian. The entire before the Postal Rate Commission, it makes next generation of Americans. Please Join me community joins me in thanking Rita for her no business sense—it is unsound business— in supporting these families by supporting the continued efforts to make the 27th Congres- to give discounts to pre-sort mailers that ex- LEGACY Act. sional District a more vibrant and culturally en- ceed the costs avoided by the Postal Service f riched place to live. when mail is pre-sorted. But that is what the f Postal Service is proposing to do. The Postal A TRIBUTE TO DR. RITA Service is proposing to set discounts that will, VORPERIAN, 27TH CONGRES- POSTAL RATE PROCEEDINGS in some cases, be 125 percent of costs avoid- SIONAL DISTRICT WOMAN OF ed. This is wrong, it is a wrong business deci- THE YEAR HON. WM. LACY CLAY sion, and it is a wrong policy. When the Postal OF MISSOURI Service was created, it was set up to be run HON. ADAM B. SCHIFF IN THE HOUSE OF REPRESENTATIVES like a private sector business. Private sector business does not give away hundreds of mil- OF CALIFORNIA Wednesday, March 20, 2002 IN THE HOUSE OF REPRESENTATIVES lions of dollars. If this decision were to be Mr. CLAY. Mr. Speaker, I rise to speak on based on solid business considerations, pre- Wednesday, March 20, 2002 a matter that is critically important to every in- sort discounts would be set at an amount Mr. SCHIFF. Mr. Speaker, I rise today to dividual in this country, and critically important below the cost avoided. Sound business prac- honor Women’s History Month. Each year, we to the welfare of our economy. I am referring tice would require that the discounts be set as

VerDate 112000 03:39 Mar 22, 2002 Jkt 099060 PO 00000 Frm 00017 Fmt 0626 Sfmt 9920 E:\CR\FM\A20MR8.062 pfrm02 PsN: E21PT1 E410 CONGRESSIONAL RECORD — Extensions of Remarks March 21, 2002 low as 80 percent of costs avoided, and cer- upon our people the necessity of a wise and council, she helped organize the ‘‘Business tainly never 125 percent of costs avoided as conservative expenditure of the public Focus’’ group which addresses the current the Postal Service is proposing. money.’’ and ongoing business needs of the commu- I want to emphasize again how critically im- The Chamber’s initial membership of 148 nity, and has been instrumental in strength- portant this issue is. Universal mail service at businesses began a bedrock commitment to ening community togetherness through an a uniform cost to mailers is essential to a promoting economic opportunity in the Geneva array of outstanding events. She has served sound economy, and it is particularly important area and improving the quality of life of the as a columnist for the Foothill Leader and is to those non-urban areas who must depend community’s residents. currently working on publishing a community on the United States Postal Service. Every Throughout their first century, the Geneva newspaper for the Sunland-Tujunga area. year, the United States Postal Service adds Area Chamber of Commerce has sponsored a Over the years she has been awarded the 1.7 million additional delivery points to its uni- wide-variety of programs and events show- ‘‘Women of Achievement’’ and ‘‘Women in versal service. This is enough delivery points casing the area, and have continually worked History’’ honors from the Sun Valley Chamber to be about as big as the City of Chicago. to promote and revitalize the city. of Commerce and was recently named one of That is an enormous undertaking and it is an Today, under the leadership of incoming the Glendale News Press’s 103 Most Influen- undertaking that is enormously important to chairman Tom Bowers and its 580 members, tial People in the foothills communities. our country. Many of the people served by the the Geneva Area Chamber of Commerce is I ask all Members of Congress to join me Postal Service have no other practical alter- continuing a great tradition of commitment to today in honoring an outstanding and extraor- native to the U.S. mail. As this network ex- community. dinary woman of California’s 27th Congres- pands, it must be maintained on a sound fi- Mr. Speaker, on Friday, March 22, 2002, the sional District, Ms. Barbara Hughes. The en- nancial footing. But that financial footing may Geneva Area Chamber of Commerce will hold tire community joins me in thanking Barbara be undermined if the Postal Service continues its One Hundredth Annual Dinner Meeting, for her continued efforts to make the 27th on its present course. and I ask that this House of Representatives Congressional District a more vibrant and en- The Postal Service already has frozen 800 pause in its deliberations to salute the men joyable place to live. capital investment programs that are important and women, past, present and future, of the f to the future health of the Postal Service. The Geneva Area Chamber of Commerce on their proud record of service and accomplishment. AGUA FRIA NATIONAL MONUMENT Postal Service’s 2001 Annual Report de- TECHNICAL CORRECTIONS ACT scribed the impact of this freeze as follows: f The Capital plan is at extreme risk . . . for A TRIBUTE TO BARBARA HUGHES, the second year in a row we will not be able HON. BOB STUMP 27TH CONGRESSIONAL DISTRICT OF ARIZONA to make the necessary capital investments WOMAN OF THE YEAR—2002 to meet the growth demands of universal de- IN THE HOUSE OF REPRESENTATIVES livery. HON. ADAM B. SCHIFF Wednesday, March 20, 2002 Given the present rate proposal, these pro- Mr. STUMP. Mr. Speaker, on January 11, grams will continue to be frozen, further com- OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES 2000, President Clinton stood in front of a promising the future of the Service. Further- backdrop of the Grand Canyon and pro- more, withholding $800 million in Postal Serv- Wednesday, March 20, 2002 claimed two national monuments in Arizona ice automation spending will contribute to the Mr. SCHIFF. Mr. Speaker, I rise today to using the Antiquities Act of 1906. One of the unfortunate softness in the economy. For this honor Women’s History Month. Each year, we monuments created by President Clinton was large postal enterprise to be taking a back- pay special tribute to the contributions and the Agua Fria National Monument. ward stance at this important turning point in sacrifices made by our nation’s most notable There is no doubt that the Agua Fria Na- our hoped-for economic recovery will be coun- women during the month of March and it is my tional Monument has values that need to be terproductive for all concerned. honor to not only recognize women of the past protected from encroachment. The Monument Because the compromise proposed by the but to also recognize women who are making spans 71,000 acres and contains two mesas, Postal Service would set rates at an artificially a difference in my community. While a month the Perry Mesa and the Black Mesa. The low level, we are facing the need for another of remembrance is certainly not sufficient, I Monument boasts one of the most significant rate increase in the near future, and that rate am honored today to pay homage to such systems of prehistoric sites in the American increase may have to be substantially larger. women as Eleanor Roosevelt, Sandra Day Southwest. Yet, the area is located within fif- Predictably, there will be opposition to large O’Connor, Harriet Tubman, Sally Ride and all teen miles of the northern-most reaches of the postal rate increases in the future. So, by the women of my Congressional District, Phoenix Valley. The tremendous growth of Ari- misallocating postal rates now the Postal whose contributions have made a profound zona over the past decade has placed addi- Service is setting itself up for even greater dif- difference in the face and fabric of our nation. tional pressures on this region. With Cordes ficulties in the future. I am afraid that difficult In honor of Women’s History month, it is my Junction to the north, and Black Canyon City future is at hand. honor to recognize an outstanding woman of to the south, the threat of encroachment is I urge my colleagues to take note of this im- the California’s 27th Congressional District. growing. portant issue, and I urge the Postal Service Ms. Barbara Hughes of Tujunga, California Mr. Speaker, since the proclamation of the and the Postal Rate Commission to reconsider has been pivotal in the social and economic Agua Fria National Monument, we have seen this misguided course of action. vitality of her community and I wish to salute a tremendous increase in visitorship, as well f her efforts today. as abuse of the lands contained in the Monu- Born and raised in Sunland-Tujunga, Bar- ment. However, nothing in the proclamation MARKING THE 100TH ANNIVER- bara attended Verdugo Hills High School and ensures the long-term protection of the re- SARY OF THE GENEVA CHAMBER currently resides on the property which her sources we value. In fact, the Bureau of Land OF COMMERCE grandparents homesteaded years ago. She is Management (BLM) reported that illegal arti- married to Harry Hughes, the proud mother to fact excavation occurred just days after Presi- HON. THOMAS M. REYNOLDS three adult children: Michele, Mark and Mi- dent Clinton issued the proclamation. OF NEW YORK chael and the even prouder grandmother to Mr. Speaker, today I rise to introduce legis- IN THE HOUSE OF REPRESENTATIVES her five grandchildren: Justin, Travis, Jennifer, lation, the Agua Fria National Monument Marshall, and Jaymie. Technical Corrections Act, to address the Wednesday, March 20, 2002 Her involvement in the community of management of the Agua Fria National Monu- Mr. REYNOLDS. Mr. Speaker, I rise today Sunland-Tujunga has made it one of the most ment. My intent in introducing this legislation is to mark the 100th anniversary of the founding vibrant areas in my district. Through her in- to ensure that Congress, the State of Arizona of the Geneva Chamber of Commerce in On- volvement with the Sun Valley Chamber of and the people of Arizona have a say in how tario County, New York. Commerce as Executive Director and then as these areas are managed and protected. Spe- When the Rev. Ninian Remick first assumed President of its Board of Directors, Barbara cifically, this legislation: the chairmanship of the Geneva Chamber of has been able to plan and execute community 1. Codifies commitments made by the pre- Commerce in 1902, he and the group had a events which have vastly improved the quality vious Administration that were not explicitly simple yet important mission: ‘‘foster and pro- of life for the residents of Sunland-Tujunga. stated in the proclamation; mote the trade, manufacturing and other busi- She was a leader in the initial planning 2. Provides the President with an oppor- ness interests of Geneva and . . . to enjoin stages for the community’s neighborhood tunity to increase the size of the monument to

VerDate 112000 03:39 Mar 22, 2002 Jkt 099060 PO 00000 Frm 00018 Fmt 0626 Sfmt 9920 E:\CR\FM\A20MR8.065 pfrm02 PsN: E21PT1 March 21, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E411 88,000 acres, and adjusts the boundary of the able on the advisory committee represent 2001, outlining the State of Arizona’s concerns Monument to facilitate long-term resource those interests that are necessary to ensure with the monuments established in Arizona. management by the BLM and adjacent land that the BLM receives broad public input, par- The Governor expresses her concern that the owners; ticipation and support in planning and devel- state was not included when the decision to 3. Ensures that all interested parties have a oping management strategies for the Agua declare the national monuments was being voice in planning; Fria National Monument. weighed. Specifically, the Governor states, ‘‘I 4. Protects the interests of the State of Ari- Since the creation of several monuments am simply asking that boundaries and procla- zona in managing wildlife, water and transpor- under the Clinton Administration, the issue of mation language be amended where nec- tation; whether to modify the boundaries of these essary to protect the best interests of the citi- 5. Ensures that the Monument remains ac- monuments has been widely discussed. This zens of this state.’’ Mr. Speaker, I believe that cessible; legislation moves the western boundary of the this legislation addresses these concerns and 6. Recognizes the educational potential of Agua Fria National Monument 400 feet to the ensures that the citizens of Arizona can use the Monument; and east. The Arizona Department of Transpor- and enjoy the Agua Fria National Monument 7. Provides the BLM with a flexible manage- tation has concerns that if the boundary is not for years to come. ment framework that will allow protection of modified, any future expansion of Interstate Mr. Speaker, this legislation will protect the the resources of the Monument. Highway 17, the main thoroughfare from cen- archaeological resources and enhance the Mr. Speaker, I have a long history in work- tral to northern Arizona, will be impossible. educational opportunities of the Agua Fria Na- ing to resolve resource management issues in This small boundary adjustment may also tional Monument. At the same time it ensures the area containing the Agua Fria National make it feasible for the State of Arizona and that the BLM, State of Arizona, Forest Service, Monument. Working with then-Arizona Gov- the BLM to cooperatively develop and manage private landowners, conservationists, scientists ernor Bruce Babbitt and State BLM Director a new visitor center near the planned Sunrise and Indian tribes work together to develop a Dean Bibles in the early and mid-1980’s, we Point Rest Area. working management plan for the future of the were able to eliminate the checkerboard land Mr. Speaker, it is well known that there are Agua Fria National Monument. ownership pattern in the area. A few years significant archaeological sites adjacent to the Mr. Speaker, I urge my colleagues to sup- later, I supported the Area of Critical Environ- current boundaries of the monument. This leg- port the Agua Fria National Monument Tech- mental Concern, or ACEC, designation of islation requires the Secretary of the Interior, nical Corrections Act of 2002. much of the area, as well as the establishment in consultation with the Secretary of Agri- JANE DEE HULL, of the Perry Mesa National Register Archae- culture, to study the lands adjacent to the ex- State of Arizona, April 6, 2001. ological District. isting boundaries, and make a recommenda- Hon. GALE NORTON, The BLM has historically done an excellent tion to the President on any boundary Secretary of the Interior, job of working with their constituents in man- changes to the Agua Fria National Monument. Washington, DC. aging this area. When the Agua Fria National The legislation authorizes the President, sub- DEAR SECRETARY NORTON: Thank you very Monument was created by proclamation, how- much for your letter of March 28, 2001 in re- ject to the study, to make any boundary ad- gard to the impact of National Monument ever, past collaborative management of the justment necessary to enhance the protection designations within the State of Arizona. land and the history and tradition of these of the archaeological resources located within As you know, during the past year, five areas was ignored. In fact, a committee estab- the Monument and adjacent lands or that will new National Monuments were declared in lished by former Secretary Babbitt went as far offer expanded opportunities for public edu- Arizona encompassing an estimated two mil- as to discuss the construction of gondolas in cation or scientific research. This language lion acres of Arizona. This is an area ap- the Monument. has the potential to expand the monument to proximately equivalent in size to the com- Mr. Speaker, this legislation requires the 88,000 acres. bined states of Delaware and Rhode Island a BLM to review the Interim Management Policy, land mass of such notable size carries with it This legislation recognizes that there are a number of impacts, and I am grateful for dated October 1, 2001, and to develop a com- valid existing uses of the monument, including the opportunity to share my perspective on prehensive management plan for the long- hunting, grazing and electric transmission those impacts. range management of the Agua Fria National right-of-ways. The fact that the lands are now As a preliminary matter, I would like to Monument. My goal is to ensure that the In- within the boundaries of a national monument say that much of the land that lies within terim Management Policy recognizes valid ex- should not have an effect on their manage- the boundaries of our five new National isting uses of the Monument, and that it is ment. The archaeological resources within the Monuments is exquisite and certainly wor- consistent with current laws and regulations. Monument have existed for centuries, and the thy of conservation. In Arizona, we are ag- gressive in our pursuit of conservation, and With the increase in visitorship since the creation of the Monument has not changed creation of the Monument, it has become clear we have several ongoing programs and their significance to Arizona’s heritage. Be- projects that allow us to set aside our most that a new management plan that reflects the cause all uses of the Monument will continue magnificent scenery. Even now, we are sup- resources and values of the Monument is to be governed by existing laws and regula- porting state legislation that will enable Ar- needed. The legislation I am introducing today tions, it is expected that the BLM will review izona to engage in land exchanges that will requires that the BLM create a long-term man- all aspects of land use, including grazing lev- result in the conservation of special State agement plan for the Monument within two els, during the planning process. Trust lands. years of enactment. While this is an aggres- This legislation also ensures that state water My fundamental concern with the five new sive schedule, I believe that it is essential if National Monuments is the inadequate selec- rights are protected. In the original proclama- tion process through which they were estab- we are to address the immediacy of the tion, an unspecified amount of water was re- lished. As a result of planning that occurred threats perceived by the previous Administra- served for the Agua Fria National Monument. almost exclusively in Washington D.C., and tion. In Arizona, where water is as precious as not in Arizona, we have monuments with To assist in this endeavor, the legislation gold, we must ensure that a new or implied boundaries that do not protect the best of creates an advisory committee to ensure that water reservation to the United States does the terrain, do not give due consideration to local community leaders, state representa- not hinder management of this limited re- wildlife management, do not allow vital en- tives, conservationists, Native Americans, as source. This legislation allows the United ergy transmission to cross into regions of the state, render hundreds of thousands of well as scientists, are involved in the decision- States to reserve water for the Monument by making and planning of the Agua Fria National acres of School Trust land nearly valueless, following the laws of the State of Arizona. prohibit essential roads, create uncertainty Monument Management Plan. Seven BLM The Agua Fria National Monument Tech- in the state’s long-term water supply, and di- managed monuments and national conserva- nical Corrections Act has been reviewed and minish the use of thousands of acres of pri- tion areas, including the Gila Box and San is supported by archaeologists, recreation vate property. Pedro National Conservation Areas in Arizona, groups and ranchers, as well as the Governor I believe the inadequacy of the selection currently benefit from advisory committees. of Arizona and state agencies, including the process was the direct result of a nearly Three additional advisory committees, rec- Arizona Department of Transportation, the Ari- complete failure on the part of the former ommended by former Secretary Babbitt, are zona Game and Fish Commission and Depart- administration of the Department of the In- terior to provide meaningful opportunity for awaiting publication in the Federal Register, ment and the Arizona Department of Water Arizona residents and qualified experts to and the Grand Staircase-Escalante National Resources. participate. To highlight the absence of that Monument Management Plan recommends Mr. Speaker, I have included a letter for the participation, please note that neither I nor the establishment of a permanent advisory record that Arizona Governor Jane Dee Hull any member of my cabinet was ever invited council. I believe that the eight positions avail- sent to Secretary Gale Norton on April 6, to a public meeting to discuss the potential

VerDate 112000 03:39 Mar 22, 2002 Jkt 099060 PO 00000 Frm 00019 Fmt 0626 Sfmt 0634 E:\CR\FM\A20MR8.070 pfrm02 PsN: E21PT1 E412 CONGRESSIONAL RECORD — Extensions of Remarks March 21, 2002 declaration of any monument. Moreover, effectively overturn state regulations in my weapon in the fight against this debilitating three of the monuments were declared with home state of North Dakota. and deadly disease. virtually no public process. The only sign In addition, by allowing interstate class ac- Lucia’s positive energy can be seen all that an area was under consideration for tion claims to be filed in any of the thousands around the City of Pasadena. She has thrown monument status was a visit to this state by the former secretary for a short hike to of local courts across the country, the likeli- herself into activities with the expressed pur- which a handful or supporters and select hood is increased that a plaintiffs lawyer will pose of making the lives of those around her media were invited. find at least one judge who is willing to enter- better. She serves as a Commissioner on the Please review your records to verify his tain a claim that most people would consider City of Pasadena’s Commission on the Status claim. It would be very interesting to learn to be without merit. Once a sympathetic judge of Women in which she focuses on addressing what the file has to say in regard to public is found, the plaintiffs’ attorney can leverage the specific concerns and needs of women participation prior to each declaration in Ar- nationwide settlements that all too often pro- throughout the community. Her tireless efforts izona. Other concerns I have in regard to the vide little benefit to the actual plaintiffs but are to ensure the future provides the freedom monuments are site specific, and I have at- enormous benefit to the attorney. and dignity each human deserves. tached for your review a list of concerns my As important as it is to reform class action Complimenting her role on the Commission, cabinet and I have compiled on each monu- litigation, I am concerned that this legislation Lucia also serves on the boards of Planned ment. You will notice the same concern could have the effect of closing the courthouse Parenthood of Pasadena and Pasadena’s often arises with multiple monuments. door to even meritorious class action suits. Cinco de Mayo. She serves as a religious in- Where possible, we have also listed potential The bill places a significant new responsibility structor at St. Andrew’s Catholic Church, vol- solutions to the issues raised. While the solu- on federal courts without providing the re- unteers at Pasadena’s Youth Center, and is a tions may not be perfect, they certainly re- flect more closely the will of those who sources necessary to carry out that responsi- committee member of the Adelante Mujur make their home in this state. bility. The only study on record indicates that Latina Conference and HOPE’S Latina Sym- Please note before you review this list that this legislation would burden federal courts to posium. I am not suggesting the repeal of any monu- the point that class action cases could not be Her breadth of volunteer work is remarkable ment in Arizona, nor a reduction in the size heard a timely fashion. As serious as the and all who have the opportunity to work be- of any monument. I am simply asking that abuses are in the current system, we cannot side her are better off for the experience. The boundaries and proclamation language be risk denying access to our civil justice system women of my district and especially the amended where necessary to protect the best for people who are the victims of wrongdoing. women in the City of Pasadena could find no interests of the citizens of this state, includ- ing the certainty of their water and elec- With additional time, we could have further better advocate than Lucia. tricity supplies, school funding, necessary evaluated the workload of the federal courts I ask all Members of Congress to join me roads and sound wildlife management. and crafted legislation that would ensure that today in honoring an outstanding and extraor- I appreciate your consideration of the fol- class reform did not result in class action re- dinary woman of California’s 27th Congres- lowing lists. If you need any additional infor- peal. In scheduling this legislation, I regret that sional District, Ms. Lucia Reyes. The entire mation, I would be delighted to provide it. the majority leadership did not allow us that community joins me in thanking Lucia for her Sincerely, time. We have not heard the last of this issue. continued efforts to make the 27th Congres- JANE DEE HULL, Governor. I took forward to continuing to work on this sional District a more accepting place in which issue so that we have reform the class action to live. f system without denying the opportunity for f worthy class action cases to be heard. CLASS ACTION FAIRNESS ACT OF IN RECOGNITION OF ROBERT H. f 2002 STERN

SPEECH OF A TRIBUTE TO LUCIA G. REYES, 27TH CONGRESSIONAL DISTRICT HON. CAROLYN B. MALONEY HON. EARL POMEROY WOMAN OF THE YEAR—2002 OF NEW YORK OF NORTH DAKOTA IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES HON. ADAM B. SCHIFF Wednesday, March 20, 2002 Wednesday, March 13, 2002 OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES Mrs. MALONEY of New York. Mr. Speaker, The House in Committee of the Whole I rise today to pay special tribute to Robert H. House on the State of the Union had under Wednesday, March 20, 2002 Stern, who dedicated so much of his life to consideration the bill (H.R. 2341) to amend the procedures that apply to consideration of Mr. SCHIFF. Mr. Speaker, I rise today to serving the community in which he had lived. interstate class actions to assure fairer out- honor Women’s History Month. Each year, we From his childhood up until his death, Mr. comes for class members and defendants, to pay special tribute to the contributions and Stern spent the majority of his time preserving outlaw certain practices that provide inad- sacrifices made by our nation’s most notable and improving the business district of equate settlements for class members, to as- women during the month of March and it is my Steinway Street in Queens. For his many con- sure that attorneys do not receive a dis- honor to not only recognize women of the past tributions within the community at large, we proportionate amount of settlements at the but to also recognize women who are making honor him. expense of class members, to provide for a difference in my community. While a month The family business, ‘‘Sig Stern’’ was clearer and simpler information in class ac- tion settlement notices, to assure prompt of remembrance is certainly not sufficient, I opened in the early 1920’s by Robert Stern’s consideration of interstate class actions, to am honored today to pay homage to such father. For over fifty years it was considered amend title 28, United States Code, to allow women as Eleanor Roosevelt, Sandra Day ‘‘the’’ children’s store of Steinway Street. After the application of the principles of Federal O’Connor, Harriet Tubman, Sally Ride and all his father’s death, Robert ran Sig Stern, Inc. In diversity jurisdiction to interstate class ac- the women of my Congressional District, 1975, Robert closed Sig Stern, and embarked tions, and for other purposes. whose contributions have made a profound onto a successful second career as a real es- Mr. POMEROY. Mr. Chairman, I rise In re- difference in the face and fabric of our nation. tate broker. luctant opposition to H.R. 2341, the Class Ac- I would like to pay special recognition to Ms. Throughout his life, Robert Stern’s passion tion Fairness Act. Lucia G. Reyes, an outstanding woman of was the successful, community oriented devel- Our system of class action litigation is in California’s 27th Congressional District. Over opment of Steinway Street. Sensing that Busi- dire need of reform. Most class action cases the years, Lucia has been an outspoken pro- ness Improvement Districts were the salvation are national in scope and should be heard in ponent for women’s issues and has helped to commercial strips, Mr. Stern worked hard to federal court, where like claims may be com- bring those issues to the forefront of my com- bring the business improvement district to bined and uniform decisions rendered. Under munity. Steinway Street. At the time of his passing, the current system, however, these interstate Lucia currently serves as a project manager Robert was President of the Steinway Street suits are often filed in state or county court, for the Keck School of Medicine at the Univer- Business Improvement District. Steinway where the decision of a local judge and jury sity of Southern California. She is overseeing Street and its surrounding community ac- may affect the laws of all 50 states. As a a very exciting clinical trial to determine the ef- knowledges a huge debt of gratitude for its former state insurance commissioner, I am fectiveness of a T Cell Vaccine to treat Sec- past, present and future success. deeply troubled that a jury panel in a class ac- ondary Progressive Multiple Sclerosis. If effec- This vibrant neighborhood center of com- tion case in Mississippi or New Mexico could tive, this treatment may prove a powerful merce is part of the legacy Mr. Stern leaves

VerDate 112000 03:39 Mar 22, 2002 Jkt 099060 PO 00000 Frm 00020 Fmt 0626 Sfmt 9920 E:\CR\FM\A20MR8.075 pfrm02 PsN: E21PT1 March 21, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E413 from his commitment and dedication to the For her countless efforts JP has twice been pay special tribute to the contributions and people of Queens. named one of the ‘‘Outstanding Young sacrifices made by our nation’s most notable Robert Stern passed away on November Women in America’’ and was awarded a Fel- women during the month of March and it is my 19, 1998. He was survived by his wife, Irene, lowship by the American Society of Associa- honor to not only recognize women of the past children Ronnie and Randy Stause, Stacey tion Executives, a honor she shares with fewer but to also recognize women who are making and Richard Block, grandchildren Jackie and than 200 people nationwide. a difference in my community. While a month Brett Strause, David and Daniel Block, brother I ask all Members of Congress to join me of remembrance is certainly not sufficient, I William and sister Ellin. today in honoring an outstanding and extraor- am honored today to pay homage to such Mr. Speaker, I am pleased to bring to your dinary woman of California’s 27th Congres- women as Eleanor Roosevelt, Sandra Day attention the outstanding life and work of Mr. sional District, Ms. Joan-Patricia O’Connor. O’Connor, Harriet Tubman, Sally Ride and all Robert H. Stern, I ask that my colleagues join The entire community joins me in thanking JP the women of my Congressional District, me in recognizing the contributions Mr. Robert for her continued efforts to make the 27th whose contributions have made a profound H. Stern had made to the New York commu- Congressional District a place of extraordinary difference in the face and fabric of our nation. nity. volunteerism and superior giving. I would like to pay special honor to an out- f f standing woman of my Congressional District, Ms. Ellen Daigle. Ellen is a true inspiration for A TRIBUTE TO JOAN-PATRICIA GREEK INDEPENDENCE DAY O’CONNOR, 27TH CONGRESSIONAL all those who strive each day for their Amer- ican Dream. Working to both expand her small DISTRICT WOMAN OF THE SPEECH OF YEAR—2002 business and improve her community, she can HON. DAVID E. BONIOR certainly be held up as one of my community’s OF MICHIGAN most precious citizens. HON. ADAM B. SCHIFF Her business, Ellen’s Silk-screening, has OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES grown steadily since she first began producing IN THE HOUSE OF REPRESENTATIVES Tuesday, March 19, 2002 her personalized T-Shirts from her garage 25 Wednesday, March 20, 2002 Mr. BONIOR. Madam Speaker, I am years ago. Today she employs over a dozen Mr. SCHIFF. Mr. Speaker, I rise today to pleased to join the Greek American commu- people and provides hundreds of products for honor Women’s History Month. Each year, we nity in celebrating the 181st anniversary of schools, businesses, and the community. pay special tribute to the contributions and Greek independence. Ellen’s success has not gone without notice. sacrifices made by our nation’s most notable On March 25, 1821, the Archbishop of She has been named to Los Angeles Busi- women during the month of March and it is my Patras blessed the Greek flag at the Aghia ness Journal’s list of Top 100 Women-Owned honor to not only recognize women of the past Lavra Monastery near Kalavrita, marking the Businesses twice in the last five years. She but to also recognize women who are making beginning of the Greek war of independence has also been honored by Business Life mag- a difference in my community. While a month in which nearly 400 years of Ottoman rule azine as a ‘‘Woman of Achievement’’ and by of remembrance is certainly not sufficient, I were turned aside. the National Association of Businesswomen am honored today to pay homage to such Ancient Greece was the birthplace of demo- with induction into its Millennium Hall of Fame. women as Eleanor Roosevelt, Sandra Day cratic values. It brought forth the notion that Her activism in the community has been O’Connor, Harriet Tubman, Sally Ride and all the ultimate power to govern belongs in the outstanding. She has always felt that the women of my Congressional District, hands of the people. It inspired a system of businesspeople have an obligation to donate whose contributions have made a profound checks and balances to ensure that one their time and talents to ensure the vitality of difference in the face and fabric of our nation. branch of government does not dominate any the communities’ in which they live and work. I have the privilege today of recognizing an other branch. Ellen has served as a Park Commissioner for outstanding woman of California’s 27th Con- These ideals inspired our Founding Fathers the City of South Pasadena, founded the gressional District. Ms. Joan-Patricia O’Connor as they wrote the Constitution. In the words of group, ‘‘South Pasadenans for Responsible In- has dedicated her professional career to the Thomas Jefferson: ‘‘to the ancient Greeks telligent Growth’’ and began ‘‘Expanding Hori- support of non-profit associations, educational . . . we are all indebted for the light which led zons,’’ a program for local students to help institutions, and community organizations. ourselves out of Gothic darkness.’’ them learn about career choices and the local JP is a graduate of both Pomona College in Today, the United States is enriched not job market. Because of her service to the City Claremont, California and the University of only by Greek principles but also by its sons of South Pasadena’s parks programs, the Southern California in Los Angeles. After earn- and daughters. Greek Americans have made California Parks and Recreation Society be- ing double M.A. degrees, in Journalism and major contributions to American society, in- stowed upon her their greatest honor. Public Relations, JP remained at USC as a cluding our arts, sports, medicine, religion, and I ask all Members of Congress to join me member of the School of Journalism’s Public politics. today in honoring an outstanding and extraor- Relations part-time faculty. She currently My home State of Michigan has been en- dinary woman of California’s 27th Congres- serves as the Dean of the Association of Man- hanced by the Greek community. In Macomb sional District, Ms. Ellen Daigle. The entire agement track at ASAE’s School of Manage- and St. Clair Counties, we are served by St. community joins me in thanking Ellen for her ment in addition to teaching Membership Mar- John’s Greek Orthodox Church and Assump- continued efforts to make the 27th Congres- keting at the same institution. She has devel- tion Greek Orthodox Church. These institu- sional District a more enjoyable place to live. oped a program for UCLA’s Extension Pro- tions provide a multitude of community serv- f gram and is called on frequently as a guest ices and add to the rich diversity of the area. lecturer. Mr. Speaker, I join the people of Greece PAYING TRIBUTE TO RYAN JP began her consulting and marketing firm and those of Greek ancestry around the world RANDALL PATTERSON over 25 years ago, directing her efforts to the celebrating Greek Independence Day. world of non-profit groups and associations. I salute all of them for the tremendous con- HON. SCOTT McINNIS She has helped countless organizations recruit tributions to freedom and human dignity which OF COLORADO volunteers, raise funds, and attract partici- they have made. IN THE HOUSE OF REPRESENTATIVES pants. Due to her efforts on behalf of these f Wednesday, March 20, 2002 groups; JP has created a sense of vol- unteerism and giving which permeates the A TRIBUTE TO ELLEN DAIGLE, Mr. McINNIS. Mr. Speaker, I would like to community. 27TH CONGRESSIONAL DISTRICT take this opportunity to congratulate a young JP’s volunteer service is enhanced by her WOMAN OF THE YEAR—2002 student from my district, Ryan Randall Patter- professional expertise. She currently serves as son. His hard work and dedication have been the President of the Board of the Burbank HON. ADAM B. SCHIFF rewarded with a great opportunity to pursue YMCA where along with the Board she com- OF CALIFORNIA higher education and compete in one of the pleted a strategic plan for the facility, which IN THE HOUSE OF REPRESENTATIVES nation’s most esteemed science competitions. serves over 28,000 adults and children. She Ryan recently won the 2002 Intel Science Tal- also serves on the Board of the Burbank Noon Wednesday, March 20, 2002 ent Search, and as he celebrates his achieve- Rotary as the scholarship chair and newsletter Mr. SCHIFF. Mr. Speaker, I rise today to ment, I would like to commend him for his de- editor. honor Women’s History Month. Each year, we termination and self-sacrifice in achieving this

VerDate 112000 04:21 Mar 22, 2002 Jkt 099060 PO 00000 Frm 00021 Fmt 0626 Sfmt 9920 E:\CR\FM\A20MR8.078 pfrm02 PsN: E21PT1 E414 CONGRESSIONAL RECORD — Extensions of Remarks March 21, 2002 honor. I’ve personally met Ryan and words Wiggin, and son Kent, as well as by seven When he retired, Allenbrand said he was cannot explain how impressed I was with this grandchildren. He will be remembered as a also proud of the employment opportunities young man and his achievements. He is cer- humane, progressive public servant, who was for women and minorities, and the coopera- tion among all the county’s police agencies tainly a well deserving recipient of this honor a kind, honest man of great integrity. I worked that was developed while he was sheriff. and I am pleased to represent him and his with him for twelve years as Johnson County He was one of the driving forces behind the family in Colorado. District Attorney. I learned much from Fred establishment of a professional police acad- Ryan, a student at Central High School in about our criminal justice system and about emy in the county. Grand Junction, designed and built a glove people. Fred Allenbrand was my friend. Herb Shuey, department historian and a that translates American Sign Language into It is fitting that 2000 people attended his retired deputy, described Allenbrand ‘‘as the text on a portable screen. This invention has most important sheriff in the history of the memorial service, including hundreds of law department.’’ taken him to the international level in Intel’s enforcement officers. Following the service, a In a book about the Sheriff’s Department, Science Talent Search, a competition that he funeral procession that was estimated by the Shuey said Allenbrand made himself a first- won both this year and last. This incredible in- Johnson County Sun to be three miles long rate administrator and politician, but at his vention is just the latest in a long list of elec- traveled to his internment site. Mr. Speaker, I core he was always a police officer first. tronic devices that Ryan has developed over include with this remembrance an obituary of ’’His compassion is well known and his re- spect for the law is equally known,’’ Shuey the years. Ryan’s fascination with electronics Sheriff Allenbrand that appeared in the Kan- began in the third grade on a simple circuit wrote. ‘‘More importantly for the citizens of sas City Star. Johnson County, his attitudes filter down board, and he has been exploring new possi- [From the Kansas City Star, Feb. 16, 2002] and through his subordinates.’’ bilities in electronics ever since. His curiosity After he was first elected sheriff, Surbaugh FORMER COUNTY SHERIFF FRED ALLENBRAND and determination have certainly paid off. At said, ‘‘no one ever really gave him any com- DIES 18 years of age, Ryan has won over $192,000 petition. And the reason is, how can you in scholarships, $15,750 in cash, two laptop (By Tony Rizzo and Finn Bullers) fight honesty, integrity, consistency and fair computers, and two trips to Sweden to attend Fred Allenbrand, who served longer than government? He had a fire in his belly.’’ any other Johnson County sheriff, died Fri- the Nobel Prize ceremonies. Throughout all of f his achievements, Ryan has maintained his in- day at age 68. Allenbrand took over a 25-member depart- tegrity and modesty. He hopes to use his gift PAYING TRIBUTE TO OTTO ‘‘TINK’’ ment in January 1967 and retired in January SNAPP for electronics and inventing to improve peo- 2001, after building it into a law enforcement ple’s lives, particularly the lives of the dis- agency with more than 400 employees. abled. ‘‘His contributions to Johnson County law HON. SCOTT McINNIS Mr. Speaker, the innovation and commit- enforcement are too numerous to mention,’’ OF COLORADO ment demonstrated by Ryan Randall Patter- said his successor, John Foster. ‘‘But if IN THE HOUSE OF REPRESENTATIVES son certainly deserves the recognition of this there’s one thing he should be remembered Wednesday, March 20, 2002 for, it’s the integrity he maintained during body of Congress, and this nation. Ryan’s Mr. McINNIS. Mr. Speaker, it is with pro- achievements serve as a symbol to aspiring his 34 years in office.’’ Growing up on a John- son County farm, one of 13 children, found sadness that I rise today to recognize science students throughout Colorado, and in- Allenbrand used to wave from horseback at the life and contributions of Otto ‘‘Tink’’ Snapp deed the entire nation. The recognition that passing squad cars. He was so enamored of of Pueblo, Colorado who peacefully left us on Ryan has received is proof that hard work, at- police work that he took a $200 a month pay a Monday morning, February 18, 2002. Tink tention to your studies, and a passionate pur- cut to the department as a deputy in 1958, was a popular member of the community and ‘‘I loved it,’’ he said of his early career in suit of your goals can lead to great rewards. was often sought by many for his listening ear, The opportunities offered as a result of win- an interview before his retirement. He quickly progressed through the ranks advice, and warm smile. He served his coun- ning the 2001 and 2002 Intel Science Talent try and fellow Coloradans for over a half cen- Search are incredible and they certainly are and by 1962 was a lieutenant, but he was de- moted after backing the wrong man in the tury, and as his family and friends mourn his going to a well deserving individual. Congratu- election for sheriff. The experience prompted loss, I would like to take this opportunity to lations Ryan, and good luck in your future en- him to run for sheriff in 1966. highlight his accomplishments and generosity deavors. You are a future leader in this coun- After winning the election, Allenbrand to his fellow man. try, and I am quite confident that this will not moved to dismantle the political system Tink began his service to this country in be the last honor you receive. that had led to his demotion. He worked for 1942 as a member of the Army Air Force in f a civil-service system to protect deputies’ jobs, and he worked for better pay and bene- China, serving in the hostile China-Burma- TRIBUTE TO FORMER JOHNSON fits for employees. India Theater. It was in this area during World COUNTY, KANSAS, SHERIFF ‘‘He totally removed any kind of patronage War II that our nation fought and held Japa- FRED ALLENBRAND from the system before a time it was regu- nese advances into China. Tink, along with larly done. I think that was the key to his thousands of soldiers and airmen, braved the HON. DENNIS MOORE popularity,’’ County Commissioner hazards of the environment to ensure that de- Annabeth Surbaugh said. ‘‘You couldn’t fix mocracy and freedom reigned throughout the OF KANSAS the deal in Johnson County. He was honest IN THE HOUSE OF REPRESENTATIVES world. to the end.’’ After the war, Tink returned to his native Wednesday, March 20, 2002 Throughout his tenure as sheriff, Allenbrand sought to keep his department Pueblo and continued his service to his com- Mr. MOORE. Mr. Speaker, I rise today to abreast of advances in law enforcement munity as an employee of Minequa Bank. pay tribute to former Johnson County, Kansas, while keeping pace with the county’s tre- Over the years he served in several positions; Sheriff Fred Allenbrand, who died on February mendous population growth. beginning as the bank bike messenger and 15th, at age 68. ‘‘You have to be willing to change,’’ eventually rising to the position of executive For half of his life—34 years—Fred Allenbrand said in the pre-retirement inter- vice president. Tink’s is the kind of story that Allenbrand served as sheriff of Kansas’ fastest view. ‘‘If you’re not willing to change, you’d lends substance to the American Dream. His growing county, which now comprises two- better not live in Johnson County.’’ long career spanned almost fifty years, ending thirds of the population of the Third Congres- Today the department runs a crime labora- tory open to every police department in the in 1994 with his retirement at the age of 75. sional District. Elected in 1966, he served until county and two jails that hold more than 500 Tink was well known throughout the com- his retirement in 2002, and oversaw the sher- prisoners. munity as an avid sportsfan who enjoyed a iff’s office during a time span when Johnson Toward the end of his tenure, Allenbrand wide range of sports, from golf and tennis to County grew from a collection of small com- took some heat for problems associated with basketball and softball. For over twenty-three munities to a major suburban hub of the Kan- construction of one of those facilities—the years, he traveled as a referee at home and sas City metro area. Dismantling the patron- county’s jail at New Century AirCenter. on the road to ensure fair and unbiased offici- age system that previously had been the hall- The project, which Allenbrand oversaw, ex- ating for local Colorado sporting events. Tink mark of the sheriff’s office, he professionalized perienced cost overruns, construction delays also served his community as a deacon and and trouble with the security system. The the workforce, improved pay and benefits and jail officially opened in July 2000, three years elder of the First Presbyterian Church and as modernized the force’s equipment and facili- behind schedule. a member of his local Masonic Order, and the ties. The complex is named after the former Colorado Bankers Association. Fred Allenbrand is survived by his wife, Ra- sheriff, and more than 230 prisoners are held Mr. Speaker, it is my privilege to pay tribute mona, daughters Cindy Barnes and Karen in the detention center. to Otto ‘‘Tink’’ Snapp for the great strides he

VerDate 112000 03:39 Mar 22, 2002 Jkt 099060 PO 00000 Frm 00022 Fmt 0626 Sfmt 9920 E:\CR\FM\K20MR8.003 pfrm02 PsN: E21PT1 March 21, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E415 took in establishing himself as a valuable lead- How can we justify in effect canceling the We did not authorize the bombing of civil- er in the Pueblo community. His loving wife Sixth Amendment, the right to prompt and ians in Afghanistan. Lorraine, sons Ronald and Bruce, and stepson public trial? We did not authorize permanent detainees Scott survive him. His dedication to family, How can we justify in effect canceling the in Guantanamo Bay. friends, work, and the community certainly de- Eighth Amendment which protects against We did not authorize the withdrawal from serves the recognition of this body of Con- cruel and unusual punishment? the Geneva Convention. gress, and this nation. Although Tink has left We cannot justify widespread wiretaps and We did not authorize military tribunals sus- us, his good-natured spirit lives on through the internet surveillance without judicial super- pending due process and habeas corpus. lives of those he touched. I would like to ex- vision, let alone with it. We did not authorize assassination squads. tend my regrets and deepest sympathies to We cannot justify secret searches without a We did not authorize the resurrection of his family and friends during their time of re- warrant. COINTELPRO. membrance and bereavement. We cannot justify giving the Attorney Gen- We did not authorize the repeal of the Bill f eral the ability to designate domestic terror of Rights. groups. We did not authorize the revocation of the A PRAYER FOR AMERICA We cannot justify giving the FBI total access Constitution. to any type of data which may exist in any We did not authorize national identity cards. HON. DENNIS J. KUCINICH system anywhere such as medical records We did not authorize the eye of Big Brother to peer from cameras throughout our cities. OF OHIO and financial records. We cannot justify giving the CIA the ability We did not authorize an eye for an eye. IN THE HOUSE OF REPRESENTATIVES to target people in this country for intelligence Nor did we ask that the blood of innocent Wednesday, March 20, 2002 surveillance. people, who perished on September 11, be Mr. KUCINICH. Mr. Speaker, I offer this We cannot justify a government which takes avenged with the blood of innocent villagers in prayer for America. from the people our right to privacy and then Afghanistan. assumes for its on operations a right to total We did not authorize the administration to (to be sung as an overture for America) secrecy. wage war anytime, anywhere, anyhow it My country ’tis of thee. Sweet land of lib- The Attorney General recently covered up a pleases. erty of thee I sing.... From every moun- We did not authorize war without end. tain side, let freedom ring.... Long may statue of Lady Justice showing her bosom as our land be bright. With freedom’s holy if to underscore there is no danger of justice We did not authorize a permanent war light.... exposing herself at this time, before this ad- economy. Oh say does that star spangled banner yet ministration. Yet we are upon the threshold of a perma- wave. O’er the land of the free and the home Let us pray that our nation’s leaders will not nent war economy. The President has re- of the brave? be overcome with fear. Because today there is quested a $45.6 billion increase in military America, America, God shed grace on thee. great fear in our great Capitol. And this must spending. All defense-related programs will And crown thy good with brotherhood from be understood before we can ask about the cost $400 billion. sea to shining sea.... shortcomings of Congress in the current envi- Consider that the Department of Defense I offer these brief remarks today as a prayer ronment. The great fear began when we had has never passed an independent audit. for our country, with love of democracy, as a to evacuate the Capitol on September 11. It Consider that the Inspector General has no- celebration of our country. With love for our continued when we had to leave the Capitol tified Congress that the Pentagon cannot country. With hope for our country. With a be- again when a bomb scare occurred as mem- properly account for $1.2 trillion in trans- lief that the light of freedom cannot be extin- bers were pressing the CIA during a secret actions. guished as long as it is inside of us. With a briefing. It continued when we abandoned Consider that in recent years the Depart- belief that freedom rings resoundingly in a de- Washington when anthrax, possibly from a ment of Defense could not match $22 billion mocracy each time we speak freely. With the government lab, arrived in the mail. worth of expenditures to the items it pur- understanding that freedom stirs the human It continued when the Attorney General de- chased, wrote off, as lost, billions of dollars heart and fear stills it. With the belief that a clared a nationwide terror alert and then the worth of intransit inventory and stored nearly free people cannot walk in fear and faith at the Administration brought the destructive PA- $30 billion worth of spare parts it did not need. same time. TRIOT Bill to the floor of the House. Yet the defense budget grows with more With the understanding that there is a deep- It continued in the release of the bin Laden money for weapons systems to fight a cold er truth expressed in the unity of the United tapes at the same time the President was an- war which ended, weapon systems in search States. That implicit in the union of our country nouncing the withdrawal from the ABM treaty. of new enemies to create new wars. This has is the union of all people. That all people are It remains present in the cordoning off of the nothing to do with fighting terror. essentially one. That the world is inter- Capitol. It is present in the camouflaged This has everything to do with fueling a mili- connected not only on the material level of ec- armed national guardsmen who greet mem- tary industrial machine with the treasure of our onomics, trade, communication, and transpor- bers of Congress each day we enter the Cap- nation, risking the future of our nation, risking tation, but innerconnected through human con- itol campus. It is present in the labyrinth of democracy itself with the militarization of sciousness, through the human heart, through concrete barriers through which we must pass thought which follows the militarization of the the heart of the world, through the simply ex- each time we go to vote. budget. pressed impulse and yearning to be and to The trappings of a state of siege trap us in Let us pray for our children. breathe free. a state of fear, ill-equipped to deal with the Our children deserve a world without end. I offer this prayer for America. Patriot Games, the Mind Games, the War Not a war without end. Our children deserve Let us pray that our nation will remember Games of an unelected President and his un- a world free of the terror of hunger, free of the that the unfolding of the promise of democracy detected Vice President. terror of poor health care, free of the terror of in our nation paralleled the striving for civil Let us pray that our country will stop this homelessness, free of the terror of ignorance, rights. That is why we must challenge the ra- war. ‘‘To provide for the common defense’’ is free of the terror of hopelessness, free of the tionale of the PATRIOT Act. We must ask why one of the formational principles of America. terror of policies which are committed to a should America put aside guarantees of con- Our Congress gave the President the ability world view which is not appropriate for the stitutional justice? to respond to the tragedy of September 11. survival of a free people, not appropriate for How can we justify in effect canceling the We licensed a response to those who helped the survival of democratic values, not appro- First Amendment and the right of free speech, bring the terror of September 11th. But we the priate for the survival of our nation, and not the right to peaceably assemble? people and our elected representatives must appropriate for the survival of the world. How can we justify in effect canceling the reserve the right to measure the response, to Let us pray that we have the courage and Fourth Amendment, probable cause, the prohi- proportion the response, to challenge the re- the will as a people and as a nation to shore bitions against unreasonable search and sei- sponse, and to correct the response. ourselves up, to reclaim from the ruins of Sep- zure? Because we did not authorize the invasion tember 11th our democratic traditions. How can we justify in effect canceling the of Iraq. Let us declare our love for democracy. Let Fifth Amendment, nullifying due process, and We did not authorize the invasion of Iran. us declare our intent for peace. allowing for indefinite incarceration without a We did not authorize the invasion of North Let us work to make nonviolence an orga- trial? Korea. nizing principle in our own society.

VerDate 112000 03:39 Mar 22, 2002 Jkt 099060 PO 00000 Frm 00023 Fmt 0626 Sfmt 9920 E:\CR\FM\K20MR8.004 pfrm02 PsN: E21PT1 E416 CONGRESSIONAL RECORD — Extensions of Remarks March 21, 2002 Let us recommit ourselves to the slow and Last year, after a lifetime of volunteering for there to serve our nation and to serve people painstaking work of statecraft, which sees her community and its residents, Sister in Pakistan and the surrounding nations peace, not war as being inevitable. Marilyn retired from public service. She had through their work in our Embassy or through Let us work for a world where someday war been active with providing support and assist- NGOs. They are to be applauded and com- becomes archaic. ance to those in need through a wonderful or- mended for their sacrificial service during this That is the vision which the proposal to cre- ganization known as Pueblo Services for Em- time of great difficulty in our world. And, they ate a Department of Peace envisions. Forty- powerment and Transformation for Well-Being. are to be admired for they have now paid the three members of Congress are now cospon- This organization, through efforts of volunteers ultimate price for their service—they have soring the legislation. Let us work for a world like Sister Marilyn, has taught the less fortu- given their lives. where nuclear disarmament is an imperative. nate important skills and attitudes to improve f That is why we must begin by insisting on the their current standards of living. As a result of commitments of the ABM treaty. That is why their kindness, many people today can credit SOCIAL SECURITY BENEFIT EN- we must be steadfast for nonproliferation. the organization with providing the tools to im- HANCEMENTS FOR WOMEN ACT Let us work for a world where America can prove their lives. OF 2002 lead the day in banning weapons of mass de- Since retirement, Sister Marilyn still main- struction not only from our land and sea and tains an active schedule and now spends her HON. E. CLAY SHAW, JR. sky but from outer space itself. That is the vi- time volunteering for St-Mary-Corwin’s Good- OF FLORIDA sion of H.R. 3616: A universe free of fear. Medicine program. This program assists the IN THE HOUSE OF REPRESENTATIVES Where we can look up at God’s creation in the community with general healthcare screenings Wednesday, March 20, 2002 stars and imagine infinite wisdom, infinite and checkups to ensure a healthy population peace, infinite possibilities, not infinite war, be- throughout the area. Her nursing and gentle Mr. SHAW. Mr. Speaker, this month is cause we are taught that the kingdom will disposition are a vital contribution to helping Women’s History Month. In considering the in- come on earth as it is in heaven. those in need, and I cannot begin to tell you tegral role women have played in making Let us pray that we have the courage to re- how proud I am of her efforts. America the great nation it is today and their place the images of death which haunt us, the Mr. Speaker, Sister Marilyn Beavais em- daily contributions to the growth of our econ- layers of images of September 11th, faded bodies the spirit of kindness and sacrifice that omy and the stability of American families, we into images of patriotism, spliced into images we all should strive for in our daily lives. She are reminded yet again how important it is to of military mobilization, jump-cut into images has helped many individuals in need over the ensure Social Security will continue to provide of our secular celebrations of the World Se- years and I am proud to represent her in my the economic security women need and de- ries, New Year’s Eve, the Superbowl, the district. Sister Marilyn has been a model cit- serve after a lifetime of sacrifice and hard Olympics, the strobic flashes which touch our izen to the community and I extend my thanks work. deepest fears, let us replace those images to her and her efforts, and am proud to bring In looking at Social Security’s history, it is with the work of human relations, reaching out her accomplishments to the attention of this no wonder it is so important to women. The to people, helping our own citizens here at body of Congress. Keep up the good work first woman to serve as a Presidential Cabinet home, lifting the plight of the poor everywhere. Sister Marilyn, and good luck in your future Member-Secretary of Labor Frances Perkins— That is the America which has the ability to endeavors. was Chairwoman of the committee that de- rally the support of the world. signed Social Security, and the first bene- f That is the America which stands not in pur- ficiary to receive a monthly benefit was also a suit of an axis of evil, but which is itself at the CONDEMNATION OF CHURCH woman—Ida May Fuller. axis of hope and faith and peace and free- BOMBING IN ISLAMABAD, PAKI- Social Security’s lifetime inflation-adjusted dom. America, America. God shed grace on STAN benefits, spouse and survivor benefits, and thee. Crown thy good, America. progressive benefit formula provide critical Not with weapons of mass destruction. Not HON. JOSEPH R. PITTS protections for women, because they live with invocations of an axis of evil. Not through OF PENNSYLVANIA longer, earn less, take time away from the breaking international treaties. Not through es- IN THE HOUSE OF REPRESENTATIVES workforce to care for kids, and have less pen- tablishing America as king of a unipolar world. sion and asset income than men. Without So- Crown thy good, America. America, America. Wednesday, March 20, 2002 cial Security, more than half of elderly women Let us pray for our country. Let us love our Mr. PITTS. Mr. Speaker, I would like to ex- would live in poverty. country. Let us defend our country not only tend my deepest sympathies and condolences Although Social Security has successfully from the threats without but from the threats to the families and communities of the Ameri- provided an effective safety net for two-thirds within. cans, Pakistanis, Afghans, Iranians, Iraqis, of a century, Social Security is facing serious Crown thy good, America. Crown thy good Ethiopians, Sri Lankans, British, Swiss, Ger- financial challenges. Beginning in 2016, pay- with brotherhood, and sisterhood. And crown mans, Australians, and Canadians who were roll taxes won’t be enough to cover promised thy good with compassion and restraint and killed or wounded in the barbaric church benefit payments and Social Security will call forbearance and a commitment to peace, to bombing in Islamabad, Pakistan on Sunday, on the Treasury to make good on its obliga- democracy, to economic justice here at home March 17, 2002. I commend President Bush tions to the trust funds. Soon thereafter, pay- and throughout the world. for his statement that we will bring those re- roll taxes taken out of the wages of our hard- Crown thy good, America. Crown thy good sponsible to justice and I look forward to his working kids and grandkids will be the only America. Crown thy good. action against the perpetrators. And, I greatly source of revenue—and they will cover only f appreciate President Musharraf’s condemna- 73% of benefits, and even less than that in fu- PAYING TRIBUTE TO SISTER tion and subsequent action to find and punish ture years. If we fall to enact a plan to save MARILYN BEAVAIS the criminals. Social Security, the consequences would be Men who seek to murder peaceful religious devastating for millions of Americans, espe- HON. SCOTT McINNIS believers, particularly in the midst of their serv- cially women. ice of worship of God, reveal the depth of their For these reasons, restoring Social Secu- OF COLORADO uncivilized, brutal nature. Once again, extrem- rity’s solvency for the 21st century and beyond IN THE HOUSE OF REPRESENTATIVES ists are using violence to attempt to intimidate is a national priority for the public, Congress, Wednesday, March 20, 2002 people and gain power. These criminals who and the President. We need to stop poisoning Mr. McINNIS. Mr. Speaker, I would like to murder in cold blood, just like those who at- the well of bipartisanship, set aside political take this opportunity to recognize and pay trib- tacked the peaceful Pakistani worshipers in demagoguery, and fulfill our duty as Members ute to a wonderful woman and true caretaker October of last year, must be brought to jus- of Congress by working together toward this of the community. Sister Marilyn Beavais of tice. goal. We can start building a foundation of Pueblo, Colorado has dedicated her life to as- Mr. Speaker, my heart goes out to those common ground by taking a modest step to sisting others in times of hardship and great families and their loved ones. To the families enhance Social Security benefits for women, need. This year as she celebrates her fiftieth and friends of those killed, please know that without jeopardizing the financial position of year as a nun and forty-seventh as a nurse, our hearts and prayers are with you in this the trust funds. I would like to highlight her accomplishments time of suffering and mourning. The Ameri- I’ve worked with the Social Security Admin- and kind heart before this body of Congress. cans killed and wounded in Pakistan were istration to identify potential enhancements

VerDate 112000 03:39 Mar 22, 2002 Jkt 099060 PO 00000 Frm 00024 Fmt 0626 Sfmt 9920 E:\CR\FM\A20MR8.088 pfrm02 PsN: E21PT1 March 21, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E417 that we could make to help women, while en- infrastructure during the Powell years. But per- While some critics said Powell held the suring the costs will not affect Social Secu- haps Powell’s greatest legacy was the $8 mil- city’s reins too tightly, he clearly was in rity’s ability to make benefit benefits in the lion Sylvester Powell, Jr., Community Center, control of city government during his ten- ure. long-term. I have found three provisions that, which opened in May 1999 . . . The almost 3- The city did not hire a professional admin- while modest in terms of overall impact, rep- year-old community center was an instant suc- istrator until last year, after a consultant resent real help for just over 120,000 women cess and surprised both detractors and back- recommended the move. when implemented. Today these provisions ers by covering its operational expenses.’’ ‘‘I don’t think they’re going to flnd any- are being introduced as the Social Security I knew Syl personally. As a lawyer and a body who can run the city better than I do,’’ Benefit Enhancements for Women Act of public official he was truly outstanding. But Powell said in 2000. 2002. most of all, Syl was a good friend who will be Last year, the city’s management became These provisions increase benefits for cer- missed by his friends and his community. a campaign issue in Powell’s first election challenge since 1985, and he pledged to hire a tain widows, allow more disabled widows to Mr. Speaker, I am taking this opportunity to professional. qualify for disabled widow benefits, and enable place in the RECORD two recent pieces from City Councilman Lloyd Thomas, who has certain divorced spouses to receive benefits the Kansas City Star regarding Mayor Syl- served since 1976, said Mission’s strong finan- sooner. These enhancements are particularly vester Powell: an obituary that the paper car- cial position today was the result of Powell’s necessary, because elderly and disabled wid- ried on March 7th and a column by Mike Hen- control over the city’s finances throughout ows and divorced spouses are more likely to dricks, reflecting the character and ability of the years. live in poverty. the man whom we knew as ‘‘Syl,’’ that the ‘‘That’s what you call being frugal,’’ Back in December, virtually all the Members Star carried on the following day. I am proud Thomas said recently. ‘‘He spends the tax- of the House of Representatives voted to save payers’ money just like he does his own. He’s to have known Sylvester Powell. As the John- very frugal with it.’’ Social Security soon, without benefit cuts or son County Sun said in a March 6th editorial: Powell was able to build the city’s sales tax increases. I sincerely hope that by coming ‘‘People often wonder what one person can tax base with development projects that together to enhance benefits for women, we do. Syl Powell showed them.’’ My only regret didn’t sacrifice Mission’s small-town feel, will build further consensus that will help us is that we will not soon see his kind in public Kostar said. That’s a formula other mayors make the progress that is so desperately to- service again. in northeast Johnson County want to emu- late, he added. ward our larger commitment of saving Social [From the Kansas City Star, Mar. 7, 2002] Security for our kids and grandkids. We must Asked once why he stayed in office so long, SYLVESTER POWELL JR., LONGTIME MAYOR OF not allow shortsightedness and election-year Powell said: ‘‘Sometimes I think about retir- MISSION, DIES AT 82 ing, but it’s like giving up something dear to politics come between us and this goal; other- (By James Hart and Grace Hobson) you. If you’re running the city well, they wise, our kids and grandkids will pay the price. Mission Mayor Sylvester Powell Jr., who ought to keep you in.’’ f helped build the town he loved into a pros- Councilwoman Laura McConwell will be- come Mission’s new mayor. TRIBUTE TO MISSION, KANSAS, perous suburb, died Wednesday night. He was MAYOR SYLVESTER POWELL 82.. A World War II veteran and Kansas City [From the Kansas City Star, Mar. 8, 2002] trial lawyer, Powell was regarded by many LUCKY FOR MISSION, MAYOR WAS TOUGH HON. DENNIS MOORE as the dean of Kansas mayors. He served Mis- (By Mike Hendricks) OF KANSAS sion in that capacity between 1955 and 1965, took a ‘‘12-year vacation’’ and returned to When I read Syl Powell’s obituary yester- IN THE HOUSE OF REPRESENTATIVES office in 1977, winning every election for the day, the first thing that came to mind was Wednesday, March 20, 2002 post since then, most recently in 2001. the time he hijacked the Olympic torch. Mr. MOORE. Mr. Speaker, I rise today to ‘‘The people don’t put somebody back in No single act better defined the longtime office that many times unless he’s well-re- mayor of Mission and the hardball politics pay tribute to Mayor Sylvester Powell, of Mis- spected,’’ said Police Chief Bob Sturm, who he practiced, a style we don’t see much of sion, Kansas, who died on March 6th, at the worked with Powell for more than 30 years. anymore. age of 82. Sylvester Powell served as mayor Powell had suffered lung problems and had It was 1996, the year of the Atlanta Games. of his northeast Johnson County community, been hospitalized for weeks, Sturm said. The Metropolitan Kansas City was to be part of which is located in the Third Congressional mayor loved his city, Sturm said, the way he the symbolic torch run. But the original District, from 1955–65 and from 1977 until his loved his family and his church. route bypassed much of Mission, the north- death. Officials in the city of nearly 10,000 will east Johnson County town of 10,000 Powell Sylvester Powell was born on May 12, ask residents to lower their flags to half- had watched over like the overprotective fa- staff today. A memorial service has not yet ther of a teen-age daughter. 1919, in Springfield, Ohio. He was drafted into been scheduled. The idea was for runners to cut through the Army in March 1941, and after the bomb- Powell was fond of telling others how, Mission on a short stretch of Shawnee Mis- ing of Pearl Harbor, entered Officer’s Can- when he first became mayor in 1955, Johnson sion Parkway, but there wasn’t going to be didate School. He was commissioned as a Drive was a two-lane road and the city had much chance for the city’s residents to see second lieutenant and eventually attained the an operating budget of about $38,000. it. rank of captain. He served as a company He was elected to the City Council in 1953, Powell had an idea. What if the torch run commander in General George Patton’s Third and one of his first acts as a public official made a detour down Mission’s main street, Army during the war. While in the Army, he was to help place a traffic light at the inter- Johnson Drive? section of Nall Avenue and Johnson Drive— ‘‘The torch is something we may not get a met his future wife, Merle Cline, and they were a project he researched himself by recording chance to see again, and I thought the people married on July 21, 1943. Mayor Powell is sur- traffic with a stopwatch. of Mission should be able to see it,’’ Powell vived by Merle, their son, Stephen, and their Several decades and more than a few traf- said at the time. daughters, Janet and Dianne. fic lights later, Mission stands as a model Naturally, Olympics officials blew him off. After leaving the Army and receiving an un- municipality with a vibrant downtown and a Theirs was an international organization. dergraduate degree from Wittenberg College, solid tax base. Some of Powell’s proudest ac- Who was Powell but mayor of some pip- Sylvester attended law school at the University complishments included his work to help squeak town in the Kansas City suburbs? of Kansas City [now the University of Missouri- with the development of Mission Center Talk about a miscalculation. When the Mall, Johnson Drive’s success as a retail Olympics officials failed to respond to Pow- Kansas City], graduating in 1949. He was to area and construction of the community cen- ell’s polite request, he turned Don Corleone practice law for the next 47 years, rep- ter that today bears his name. and made an offer they couldn’t refuse. Then resenting defendants in personal injury litiga- ‘‘I like that little city and seeing progress he embarrassed them by letting the world tion. made,’’ Powell once said of Mission. know. The Powells moved to Mission in 1951, The secret behind the city’s success, most ‘‘I said, ‘I hate to do this, but whether you where he helped write the city charter that people agreed, was the gruff trial lawyer who like it or not, you’re going to come down year, which established the city limits. Syl- served as mayor. Powell, known as ‘‘Syl’’ Johnson Drive . . . I’m going to barricade vester was elected to the city council in 1953 around town, liked to visit the Mission City (Shawnee Mission Parkway) with public Hall every morning when he didn’t have an works, and you won’t have a choice.’’’ and was first elected mayor in 1955. As the appearance in court. A threatened Olympic blockade? Sure Johnson County Sun recently noted: ‘‘Through ‘‘He’s a person who... takes a stand and enough, they changed the route. Powell’s tenure, Mission grew from a sleepy says, ‘OK, this is what we’re going to do,’’’ It recalled the time Powell vowed to pull community to the vital retail area it is today. Westwood Mayor Bill Kostar said in Feb- Mission out of the Mission Chamber of Com- Many improvements were made to the city’s ruary. merce if the organization changed its name.

VerDate 112000 03:39 Mar 22, 2002 Jkt 099060 PO 00000 Frm 00025 Fmt 0626 Sfmt 0634 E:\CR\FM\A20MR8.090 pfrm02 PsN: E21PT1 E418 CONGRESSIONAL RECORD — Extensions of Remarks March 21, 2002 Powell liked to have his way—and some- These crucial political decisions promoting document which describes how and when times he played rough to get it. increased military actions, plus a new nuclear America might wage nuclear war. The Nuclear Some called the Olympic torch threat self- first-use policy, are occurring without the con- Posture Review recently released to the media centered, childish, an embarrassment. Yes. Sure. Exactly. And it was bloody mar- sent of the American people, without public by the government: velous, too. debate, without public hearings, without public 1. Assumes that the United States has the Not only did the power play illuminate votes. The President is taking Congress’s ap- right to launch a pre-emptive nuclear strike. Powell’s character, but it was the kind of proval of responding to the Sept. 11 terrorists 2. Equates nuclear weapons with conven- leadership we miss so much in local politics as a license to flirt with nuclear war. tional weapons. these days. Strong and uncompromising. ‘‘Politics ought to stay out of fighting a war,’’ Of course, Powell was no T.J. Pendergast 3. Attempts to minimize the consequences and no one ever questioned his honesty or the President has been quoted as saying on of the use of nuclear weapons. March 13th 2002. Yet Article 1, Section 8 of accused him of accepting a payoff. But in his 4. Promotes nuclear response to a chemical way, he was as tough as Boss Tom, a rarity the United States Constitution explicitly re- or biological attack. in an era when most local politicos would quires that Congress take responsibility when rather get along than get their way for the it comes to declaring war. This President is Some dismiss this review as routine govern- benefit of the community. very popular, according to the polls. But polls ment planning. But it becomes ominous when There are a lot of wimps out there. I’d like are not a substitute for democratic process. taken in the context of a war on terrorism to think that if Sylvester Powell Jr. had Attributing a negative connotation here to poli- which keeps expanding its boundaries, rhetori- been mayor of Kansas City rather than Mis- cally and literally. sion all these years, there’d have been a tics or dismissing constitutionally mandated whole lot less hand-wringing downtown. congressional oversight belies reality: The President equates the ‘‘war on ter- Cantankerous, shrewd, arrogant and big- Spending $400 billion a year for defense is rorism’’ with World War II. He expresses a de- hearted, that was Powell. He insisted on a political decision. Committing troops abroad sire to have the nuclear option ‘‘on the table.’’ building a Cadillac of a community center is a political decision. War is a political deci- He unilaterally withdraws from the ABM treaty. for his constituents. And he saw to it that sion. He seeks $8.9 billion to fund deployment of a his name was on it. missile shield. He institutes, without congres- I once labeled Powell Mission’s ‘‘mayor for When men and women die on the battlefield life.’’ He was that. Thirty-five of the last 47 that is the result of a political decision. The sional knowledge, a shadow government in a years, he was Mission’s chief executive. Crit- use of nuclear weapons, which can end the bunker outside our nation’s Capitol. He tries to ics deplored his overbearing style. But when lives of millions, is a profound political deci- pass off as arms reduction, the storage of, in- he died Wednesday at the age of 82, few resi- sion. In a monarchy there need be no political stead of the elimination of, nuclear weapons. dents of his tidy little town had called any- decisions. Two generations ago we lived with nuclear one else Hizzoner. In a democracy, all decisions are political, in nightmares. We feared and hated the Rus- By the way, when the Olympic torch came that they derive from the consent of the gov- through here this year, I noticed that the sians who feared and hated us. We feared route through Johnson County came no- erned. and hated the ‘‘godless, atheistic’’ com- where near the Mission city limits. In a democracy, budgetary military and na- munists. In our schools, we dutifully put our Probably just a coincidence. tional objectives must be subordinate to the head between our legs and practiced duck- political process. Before we celebrate an im- f and-cover drills. In our nightmares, we saw perial presidency, let it be said that the lack of the long, slow arc of a Soviet missile flash into PEACE AND NUCLEAR DISAR- free and open political process, the lack of our very neighborhood. MAMENT: A CALL TO ACTION free and open political debate, and the lack of We got down on our knees and prayed for free and open political dissent can be fatal in peace. We surveyed, wide eyed, pictures of HON. DENNIS J. KUCINICH a democracy. the destruction of Nagasaki and Hiroshima. OF OHIO We have reached a moment in our country’s We supported the elimination of all nuclear IN THE HOUSE OF REPRESENTATIVES history where it is urgent that people every- weapons. We knew that if you ‘‘nuked’’ others Wednesday, March 20, 2002 where speak out as president of his or her you ‘‘nuked’’ yourself. own life, to protect the peace of the nation and Mr. KUCINICH. Mr. Speaker, in this time of The splitting of the atom for destructive pur- world within and without. poses admits a split consciousness, the com- national crisis, it is important for all those who We should speak out and caution leaders partmentalized thinking of Us vs. Them, the di- love our country to speak out. I offer these who generate fear through talk of the endless chotomized thinking, which spawns polarity thoughts in a spirit of reconciliation. war or the final conflict. and leads to war. The proposed use of nu- ‘‘. . . Come my friends, ’tis not too late to We should appeal to our leaders to consider clear weapons, pollutes the psyche with the seek a newer world,’’ ...—Alfred Lord Ten- their own bellicose thoughts, words and deeds arrogance of infinite power. It creates delu- nyson. are reshaping consciousness and can have an sions of domination of matter and space. If you believe that humanity has a higher adverse effect on our nation. destiny, if you believe we are all ultimately Because when one person thinks: fight! he It is dehumanizing through its calculations of perfectable, if you believe we can evolve, and or she finds a fight. One faction thinks: war! mass casualties. We must overcome become better than we are; if you believe we and starts a war. One nation, thinks: nuclear! doomthinkers and sayers who invite a world can overcome the nihilistic scourge of war and and approaches the abyss. descending, disintegrating into a nuclear dis- someday fulfill the dream of peace and har- Neither individuals nor nations exist in a aster. With a world at risk, we must find the mony on earth, let us begin the conversation vacuum, which is why we have a serious re- bombs in our own lives and disarm them. We today. Let us exchange our ideas. Let us plan sponsibility for each other in this world. It is must listen to that quiet inner voice which together, act together and create peace to- also urgent that we find those places of war in counsels that the survival of all is achieved gether. This is a call for common sense, for our own lives, and begin healing the world through the unity of all. peaceful, nonviolent citizen action to protect through healing ourselves. Each of us is a cit- The same powerful humanity expressed by our precious world from widening war and izen of a common planet, bound to a common any one of us expresses itself through each of from stumbling into a nuclear catastrophe. The destiny. So connected are we, that each of us us. We must overcome our fear of each other, climate for conflict has intensified, with the has the power to be the eyes of the world, the by seeking out the humanity within each of us. struggle between Pakistan and India, the voice of the world, the conscience of the The human heart contains every possibility of China-Taiwan tug of war, and the increased world, or the end of the world. And as each race, creed, language, religion, and politics. bloodshed between Israel and the Palestin- one of us chooses, so becomes the world. We are one in our commonalities. Must we al- ians. Each of us is architect of this world. Our ways fear our differences? We can overcome United States’ troop deployments in the thoughts, the concepts. Our words, the de- our fears by not feeding our fears with more Philippines, Yemen, Georgia, Columbia and signs. Our deeds, the bricks and mortar of our war and nuclear confrontations. We must ask Indonesia create new possibilities for ex- daily lives. Which is why we should always our leaders to unify us in courage. panded war. An invasion of Iraq is planned. take care to regard the power of our thoughts We need to create a new, clear vision of a The recent disclosure that Russia, China, Iraq, and words, and the commands they send into world as one. A new, clear vision of people Iran, Syria, North Korea, and Libya are consid- action through time and space. working out their differences peacefully. A ered by the United States as possible targets Some of our leaders have been thinking and new, clear vision with the teaching of non- for nuclear attack catalyzes potential conflicts talking about nuclear war. In the past week violence, nonviolent intervention, and medi- everywhere. there has been much news about a planning ation.

VerDate 112000 03:39 Mar 22, 2002 Jkt 099060 PO 00000 Frm 00026 Fmt 0626 Sfmt 9920 E:\CR\FM\A20MR8.093 pfrm02 PsN: E21PT1 March 21, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E419 A new, clear vision where people can live in work for total nuclear disarmament, particularly understand that all people of the world are harmony within their families, their commu- when nuclear arms do not even come close to interconnected, we can achieve both nuclear nities and within themselves. A new clear vi- addressing the real security problems which disarmament and peace. We can accomplish sion of peaceful coexistence in a world of tol- confront our nation, witness the events of Sep- this through upholding an holistic vision where erance. tember 11, 2001. the claims of all living beings to the right of At this moment of peril we must move from It is practical to work to make war archaic. survival are recognized. We can achieve both paralysis of fear. This is a call to action: to re- That is the purpose of HR 2459. It is a bill to nuclear disarmament and peace through being place expanded war with expanded peace. create a Department of Peace. HR 2459 a living testament to a Human Rights Cov- This is a call for action to place the very sur- seeks to make non-violence an organizing enant where each person on this planet is en- vival of this planet on the agenda of all peo- principle in our society. It envisions new struc- titled to a life where he or she may con- ple, everywhere. As citizens of a common tures to help create peace in our homes, in sciously evolve in mind, body and spirit. planet, we have an obligation to ourselves and our families, in our schools, in our neighbor- Nuclear disarmament and peace are the our posterity. We must demand that our nation hoods, in our cities, and in our nation. It as- signposts toward the uplit path of an even and all nations put down the nuclear sword. pires to create conditions for peace within and brighter human condition wherein we can We must demand that our nation and all na- to create conditions for peace worldwide. It through our conscious efforts evolve and rees- tions: considers the conditions which cause people tablish the context of our existence from peril Abide by the principles of the nuclear Non- to become the terrorists of the future, issues to peace, from revolution to evolution. Think Proliferation Treaty. Stop the development of of poverty, scarcity and exploitation. It is prac- peace. Speak peace. Act peace. Peace. new nuclear weapons. Take all nuclear weap- tical to make outer space safe from weapons, f ons systems off alert. Persist towards total, so that humanity can continue to pursue a worldwide elimination of all nuclear weapons. destiny among the stars. HR 3616 seeks to IN SUPPORT OF H.R. 4009 Our nation must: Revive the Anti Ballistic ban weapons in space, to keep the stars a Missile treaty. Sign and enforce the Com- place of dreams, of new possibilities, of tran- HON. DARRELL E. ISSA prehensive Test Ban Treaty. Abandon plans to scendence. OF CALIFORNIA build a so-called missile shield. Prohibit the in- We can achieve this practical vision of IN THE HOUSE OF REPRESENTATIVES troduction of weapons into outer space. peace, if we are ready to work for it. People Wednesday, March 20, 2002 We are in a climate where people expect worldwide need to be meet with likeminded debate within our two party system to produce people, about peace and nuclear disar- Mr. ISSA. Mr. Speaker, I and my fellow col- policy alternatives. mament, now. People worldwide need to gath- leagues are introducing legislation today be- However both major political parties have er in peace, now. People worldwide need to cause the Immigration and Naturalization fallen short. People who ask ‘‘Where is the march and to pray for peace, now. People Service (INS) has not sufficiently proven to Democratic Party?’’ and expect to hear debate worldwide need to be connecting with each Congress that they can fix their organization may be disappointed. When peace is not on other on the web, for peace, now. on their own, and because they are continually the agenda of our political parties or our gov- We are in a new era of electronic democ- being plagued by the same problems year in ernments then it must be the work and the racy, where the world wide web, numerous and year out. We are offering H.R. 4009 be- duty of each citizen of the world. This is the web sites and bulletin boards enable new or- cause we believe accountability is integral to time to organize for peace. This is the time for ganizations, exercising freedom of speech, any organization. new thinking. This is the time to conceive of freedom of assembly, freedom of association, The INS has been inept, irresponsible and peace as not simply being the absence of vio- to spring into being instantly. deficient in their ability to the performance of lence, but the active presence of the capacity We need web sites dedicated to becoming their duties. This bill will make the entire orga- for a higher evolution of human awareness. electronic forums for peace, for sustainability, nization responsible, from the highest level This is the time to conceive of peace as re- for renewal and for revitalization. We need fo- down to the entry-level employee, by taking spect, trust, and integrity. This is the time to rums which strive for the restoration of a away restrictions on dismissing INS employ- tap the infinite capabilities of humanity to sense of community through the empower- ees and placing them in the same category as transform consciousness which compels vio- ment of self, through commitment of self to the FBI employees. This bill will also make perma- lence at a personal, group, national or inter- lives of others, to the life of the community, to nent the authority of the Attorney General to national levels. This is the time to develop a the life of the nation, to the life of the world. remove, suspend, and impose other discipli- new compassion for others and ourselves. Where war making is profoundly uncreative nary actions on the employees of the Immigra- It is necessary that we do so, for at this mo- in its destruction, peacemaking can be deeply tion and Naturalization Service (INS). We are ment our world is being challenged by war creative. We need to communicate with each introducing this legislation in direct response and premonitions of nuclear annihilation. other the ways in which we work in our com- to a hearing that was held on March 19, 2002 When terrorists threaten our security, we must munities to make this a more peaceful world. in the Judiciary Committee. enforce the law and bring terrorists to justice I welcome your ideas. We can share our During the hearing, Commissioner Ziglar ac- within our system of constitutional justice, thoughts and discuss ways in which we have cepted responsibility for his Agency’s action, without undermining the very civil liberties brought or will bring them into action. or non-action. However, I am not confident which permits our democracy to breathe. Now is the time to think, to take action and that this will be the last time he will come be- Our own instinct for life, which inspires our use our talents and abilities to create peace: fore the Immigration and Claims Sub- breath and informs our pulse, excites our ca- in our families, in our block clubs, in our committee for his Agency’s mistakes. pacity to reason. Which is why we must pay neighborhoods, in our places of worship, in My legislation will give the Department of attention when we sense a threat to survival. our schools and universities, in our labor halls, Justice and the INS the proper tools to pro- That is why we must speak out now to pro- in our parent-teacher organizations. mote accountability. I believe it is a good first tect this planet and: Challenge those who be- Now is the time to think, speak, write, orga- step on a long journey towards INS reform. lieve in a nuclear right. Challenge those who nize and take action to create peace as a so- f would build new nuclear weapons. Challenge cial imperative, as an economic imperative, those who seek nuclear re-armament. Chal- and as a political imperative. Now is the time PAYING TRIBUTE TO JOHN lenge those who seek nuclear escalation. to think, speak, write, organize, march, rally, WOODARD Challenge those who would make of any na- hold vigils and take other nonviolent action to tion a nuclear target. Challenge those who create peace in our cities, in our nation and in HON. SCOTT McINNIS would threaten to use nuclear weapons the world. And as the hymn says, ‘‘Let there OF COLORADO against civilian populations. Challenge those be peace on earth and let it begin with me.’’ IN THE HOUSE OF REPRESENTATIVES who would break nuclear treaties. Challenge This is the work of the human family, of those who think and think about nuclear weap- people all over the world demanding that gov- Wednesday, March 20, 2002 ons, to think about peace. ernments and non-governmental actors alike Mr. McINNIS. Mr. Speaker, it is with pro- It is practical to work for peace. I speak of put down their nuclear weapons. This is the found sadness that I pay tribute today to Mr. peace and diplomacy not just for the sake of work of the human family, responding in this John Woodard, an incredible man, who re- peace itself. But, for practical reasons, we moment of crisis to protect our nation, this cently passed away at the age of 76. John must work for peace as a means of achieving planet and all life within it. We can achieve was loved by each and every person whose permanent security. It is similarly practical to both nuclear disarmament and peace, as we life he touched, and he will be sorely missed

VerDate 112000 03:39 Mar 22, 2002 Jkt 099060 PO 00000 Frm 00027 Fmt 0626 Sfmt 9920 E:\CR\FM\A20MR8.096 pfrm02 PsN: E21PT1 E420 CONGRESSIONAL RECORD — Extensions of Remarks March 21, 2002 by all who knew and loved him. He was a per- mobility as a result of the work of this organi- pact they have had on the lives of others. son of unquestioned integrity and of unparal- zation. I watched the face of a young Paki- They have demonstrated a level of commit- leled morality, and is truly an inspiration to us stani girl who received a wheelchair—it will ment and accomplishment that is truly extraor- all. As his family mourns his loss, I believe it change her life. dinary in today’s world, and deserve our sin- is appropriate to remember John and pay trib- Mr. Speaker, it is important to honor those cere admiration and respect. Their actions ute to him for his warm heart, and his many in our world and in our nation who quietly, show that young Americans can—and do— contributions to Saguache County and the humbly, and ably serve people in need. The play an important role in our communities, and State of Colorado. Mobility Project volunteers, particularly Presi- that America’s spirit continues to hold tremen- John was born and raised on his family’s dent and co-founder and Vice President and dous promise for the future. homestead just southeast of Saguache, Colo- co-founder Ray Terrill, are role models for us f rado, which was founded in the 1890s by his all. INTRODUCTION OF THE SOCIAL grandfather and great-uncle. He completed his f SECURITY PROGRAM PROTEC- higher education at Colorado State University, TION ACT OF 2002 and then returned to the ranch, working with COMMENDING KANSAS YOUTH FOR the land as both a rancher and a cowboy. THEIR COMMITMENT TO COMMU- John was a life-long rancher and ranching ed- NITY SERVICE HON. E. CLAY SHAW, JR. ucator, creating pamphlets and other materials OF FLORIDA on the subject. During World War II, he took HON. DENNIS MOORE IN THE HOUSE OF REPRESENTATIVES time off from ranching to serve his country in OF KANSAS Wednesday, March 20, 2002 the Pacific theatre. John continued his service IN THE HOUSE OF REPRESENTATIVES Mr. SHAW. Mr. Speaker, today I am intro- to his fellow citizens by becoming Saguache Wednesday, March 20, 2002 ducing the ‘‘Social Security Program Protec- County Commissioner, selflessly serving three tion Act of 2002’’ to provide the Social Secu- terms beginning in 1958. His service and dedi- Mr. MOORE. Mr. Speaker, I would like to rity Administration with the additional tools cation to his community and to his state are congratulate and honor three young students they need to fight activities that drain re- exactly the attributes that made John the in- from my district who have achieved national sources from Social Security and undermine credible person that he was. I, along with the recognition for exemplary volunteer service in the financial security of beneficiaries. people of Saguache County, am grateful for all their communities. Ashley Wright, Aishling Many Social Security and Supplemental Se- of the hard work and passion that he lent to O’Connor, and Emily Gipple have been named curity Income beneficiaries have individuals or his job and to his fellow citizens. three of my state’s top honorees in the 2002 organizations called ‘‘representative payees’’ Mr. Speaker, we are all terribly saddened by Prudential Spirit of Community Awards pro- appointed by the Social Security Administra- the loss of John Woodard, but take comfort in gram, an annual honor conferred on the most tion to help manage their financial affairs when the knowledge that our grief is overshadowed impressive student volunteers in each state, they are not capable. At present nearly 7 mil- only by the legacy of courage, selflessness the District of Columbia, and Puerto Rico. lion beneficiaries entrust their financial ar- and love that he left with all of us. His dedica- Miss Wright is being recognized for forming rangements to ‘‘rep payees.’’ Representative tion to the community of Saguache County a vocal music performance class for develop- payees safeguard income and make sure ex- was extraordinary, though his life was more mentally challenged adults in her community. penditures are made for the beneficiary’s so. John Woodard’s life is the very embodi- Miss O’Connor is being recognized for her ef- good. Most of them are conscientious and ment of all that makes this country great, and fort to raise over $30,000 to build an honest, however, some are not. The current I am deeply honored to be able to bring his intergenerational playground for an inner-city precautions have not prevented abuse as well life to the attention of this body of Congress. neighborhood. Miss Gipple is being recog- as hoped. This bill raises the standards for nized for starting a school club that helps for- representative payee positions and imposes f eign exchange and limited-English speaking stricter regulation and monetary penalties on COMMENDATION OF THE MOBILITY students make friends and integrate success- those who fail their duties and their clients. PROJECT fully into both the school and community. This bill also picks up where our 1996 legis- In light of numerous statistics that indicate lation ended in stopping benefit payments to HON. JOSEPH R. PITTS Americans are less involved in their commu- those who have committed crimes. In that nities than they once were, it’s vital that we year, Congress passed provisions denying OF PENNSYLVANIA Supplemental Security Income benefits to IN THE HOUSE OF REPRESENTATIVES encourage and support the kind of selfless contribution these young citizens have made. those individuals fleeing to avoid prosecution Wednesday, March 20, 2002 People of all ages need to think more about or confinement. Fugitive felons, however, can Mr. PITTS. Mr. Speaker, I would like to how we, as individual citizens, can work to- still receive Title II benefits that come directly commend the work of The Mobility Project, an gether at the local level to ensure the health out of the Social Security trust funds. This is organization which serves the underprivileged and vitality of our towns and neighborhoods. not right and this legislation denies the money to those fleeing justice. with disabilities in other nations. Young volunteers like Miss Wright, Miss My legislation also provides tools to further The Mobility Project has distributed wheel- O’Connor, and Miss Gipple are inspiring ex- protect the integrity of Social Security pro- chairs and other mobility aids, along with sur- amples to all of us, and are among our bright- grams, protect Social Security employees from plus medical supplies and physical therapy est hopes for a better tomorrow. harm while conducting their duties, expand the equipment, free of charge to the disabled poor The program that brought these young role Inspector General’s ability to stop perpetrators in Vietnam, Mexico, El Salvador, Nicaragua, models to our attention—The Prudential Spirit of fraud through new civil monetary penalties, Pakistan, Afghanistan, and refugee camps in of Community Awards—was created by Pru- and prevent persons from misrepresenting Kashmir. The volunteers with The Mobility dential Financial in partnership with the Na- themselves as they provide Social Security-re- Project give a tremendous amount of time and tional Association of Secondary School Prin- lated services. thorough care into ensuring that each wheel- cipals in 1995 to impress upon all youth volun- My legislation not only prevents fraud and chair or mobility aid is properly adjusted to the teers that their contributions are critically im- protects the Social Security programs, it also individual for whom it is intended. portant and highly valued, and to inspire other helps those who are legitimately seeking to re- As you may know, in many places of the young people to follow their example. Over the ceive benefits. Provisions from the Attorney world the disabled are resented or are pushed past seven years, the program has become Fee Payment System Improvement Act of out of active participation in society. Some are the nation’s largest youth recognition effort 2001 to improve the attorney fee withholding even left in as virtual prisoners in their rooms. based solely on community service, with near- process are also included in this bill. These The work of The Mobility Project gives hope to ly 125,000 young people participating since its provisions cap the current fee assessment and people and offers an avenue for the disabled inception. extend withholding to Supplemental Security to be productive members of their society. In Miss Wright, Miss O’Connor, and Miss Income claims, so more individuals with dis- addition to giving wheelchairs and other aids Gipple should be extremely proud to have abilities are able to receive needed help navi- to those in need, The Mobility Project helps to been singled out from such a large group of gating a complex application process for bene- provide remedial education, sports programs, dedicated volunteers. I applaud Miss Wright, fits. and job training for the disabled poor. Miss O’Connor, and Miss Gipple for their ini- And finally, this legislation continues the I have seen the faces of refugees and other tiative in seeking to make their communities great work of the Ticket to Work and Work In- suffering people who have received the gift of better places to live, and for the positive im- centives Improvement Act, helping individuals

VerDate 112000 03:39 Mar 22, 2002 Jkt 099060 PO 00000 Frm 00028 Fmt 0626 Sfmt 9920 E:\CR\FM\K20MR8.006 pfrm02 PsN: E21PT1 March 21, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E421 with disabilities to have a better, more dig- MIDDLE EAST PEACE PROCESS ernment. I look forward to the upcoming Arab nified and independent life. Summit, where this idea will be made into a Mr. Speaker, if your constituents complain HON. DARRELL E. ISSA concrete proposal, and I hope and pray that about abuses in the Social Security programs, OF CALIFORNIA one day we will see the men, women, and or are angry at fugitive felons receiving gov- IN THE HOUSE OF REPRESENTATIVES children of the Holy Lands, live in peace to- ernment benefits, then become a supporter of gether. Wednesday, March 20, 2002 this legislation. Show those at home that you f care about this program and the people who Mr. ISSA. Mr. Speaker, I rise today to urge depend on it and join me in getting this legis- the Administration to continue its diplomatic ef- THE MILITARY TRIBUNAL lation passed this year. forts to end the violence in the Middle East. AUTHORIZATION ACT OF 2002 f Today I introduced H. Res. 374, which affirms the House’s commitment to the principles stat- HON. DENNIS J. KUCINICH PAYING TRIBUTE TO CHANCE ed in UN Security Council Resolution 1397 OF OHIO KITTEL and expresses support for the diplomatic ef- IN THE HOUSE OF REPRESENTATIVES forts of the General Anthony Zinni, to restart Wednesday, March 20, 2002 HON. SCOTT McINNIS the peace process in the Middle East. This OF COLORADO resolution is a positive statement of our sup- Mr. KUCINICH. Mr. Speaker, I rise as an IN THE HOUSE OF REPRESENTATIVES port for the Israeli and Palestinian people who original cosponsor of the Military Tribunal Au- thorization Act of 2002, introduced today by Wednesday, March 20, 2002 are needlessly suffering. It is also a statement of support for President Bush’s renewed diplo- Representative CONYERS. This legislation is Mr. McINNIS. Mr. Speaker, I would like to matic initiative to bring both parties back to the the companion bill to one introduced earlier by take this opportunity to bring to your attention peace table. Senator LEAHY. the story of a truly courageous young man Over the past 18 months, the Israeli and On November 13, 2001, President Bush from my district. Chance Kittel of Grand Junc- Palestinian people have been locked in a issued a military order enabling the President tion, Colorado, has recently overcome great cycle of violence that has only grown worse to order military tribunals for suspected terror- obstacles, and a potentially life long handicap, with each passing day. The violence has be- ists, bypassing the American criminal justice to beat the odds. Today, he lives a full and ac- come particularly bloody in recent weeks, with system, its rules of evidence and its constitu- tive life. It is my honor to tell the story of over 270 Palestinian and Israeli people killed tional guarantees. The order directs the Sec- Chance today, for his life speaks volumes in the month of March alone. retary of Defense to issue regulations detailing about courage in the face of difficult and trying There are two unmistakable conclusions how the tribunals will be conducted. As of circumstances. that we must draw from this violence. First, it today, these regulations have not been re- During Christmas of 1997, Chance and his is clear that there is no military solution to the leased. family, like many families that time of year, conflict. Palestinian terrorists must know that Shortly after the announcement of the mili- were preparing their home with lights and murdering innocent civilians and forcing the tary order I sent a letter to the President, decorations for the upcoming holiday season. Israeli people to live in fear will not be toler- along with thirty-nine other Members, express- It was during this time an unfortunate accident ated and can never lead to a fair, just, or last- ing our opposition to the use of military tribu- occurred and injured young Chance. As he ing peace. Likewise the Israeli government nals and its violation of Constitutional rights. and his father Randy were placing the lights must also know that the indiscriminate use of Article 1, Section 8 of the United States Con- over a tree, a power line was accidentally force against Palestinian civilians, the tar- stitution, gives Congress both the power ‘‘To caught in the light string. As a result, Chance geting of medical personnel and ambulances, declare War’’ as well as the power ‘‘To define was badly burned, suffering second and third and effectively forcing the entire Palestinian and punish . . . Offenses against the Law of degree burns to his left arm, his head, and population to live under house arrest, will only Nations.’’ Unfortunately, Congress has not stomach. In saving his son’s life, his father further enrage the Palestinian people. It will been consulted in this unilateral establishment also suffered terrible burns to his arms as he also do little to provide security to the Israeli of the tribunals. We urge the Secretary of De- pulled Chance free of the lights. people. fense to use this legislation as a guide in pro- After his initial treatment, Chance was taken Second, it is now painfully obvious that the mulgating regulations on military tribunals. If to Children’s Hospital and began a long ordeal United States cannot afford to remain on the the President is determined to go forward with of pain and suffering on the road back to re- sidelines of this conflict. It is clearly in our na- the tribunals this legislation will ensure that covery. Chance’s forty-three day hospital stay tional interest to see a comprehensive, just, constitutional and civil rights are protected. involved numerous treatment techniques and and lasting resolution to this issue—to see, as First, the bill defines who may be tried by surgeries to repair his badly damaged body. UN Security Council Resolution 1397 states, military tribunal. Only non-United States citi- This initial stay was followed by returns to un- ‘‘two sovereign states able to reside in peace zens who assisted in the September 11 at- dergo five additional surgeries to complete his with one another.’’ Over the past 18 months, tacks, found outside of the United States and healing process. I am proud to report that both sides have demonstrated that, left to their who are not prisoners of war can face trial in today, Chance has recovered remarkably well own devices, peace will remain an impossible a military tribunal. and now leads a normal and active life. His re- goal. It is time for the United States to reinvest Next, the bill lays out the procedural require- covery is amazing when you consider that at its diplomatic resources in this conflict, and to ments to ensure a ‘‘full and fair’’ hearing times, his hope of recovery was slim and po- push both sides back to the peace table. against the accused. For example, the ac- tentially physically inhibiting. But Chance beat Mr. Speaker, I remain stubbornly optimistic cused must have a right to independent coun- the odds, worked hard, put trust in his doctors that peace is inevitable. As the Israeli states- sel, the ability to cross-examine witnesses and and parents, Randy and Tori, and today is man Abba Eban once said, ‘‘nations are capa- the right to obtain exculpatory evidence from healed. ble of acting rationally—but only after they the prosecution. Defendants must be pre- Mr. Speaker, Chance’s story is similar to have exhausted all the other alternatives.’’ Mr. sumed innocent until proven guilty and that this nation’s as we move through these dif- Speaker, I believe that maybe, just maybe, the guilt must be determined beyond a reasonable ficult and healing times. Many Americans suf- nations of the Middle East have finally ex- doubt. Defendants will also be afforded the fered on that tragic day in September, and hausted all the alternatives and are ready to right to appeal to the U.S. Court of Appeals for today they are on their own road to recovery. make peace. the Armed Forces. I believe Chance’s optimism and story of recu- I am encouraged by Saudi Crown Prince I would like to point out that these proce- peration is a symbol of hope to them all; that Abdullah’s proposal to have ‘‘full normaliza- dures in no way provide special protections to despite the odds and the obstacles in their tion’’ of relations with Israel as part of the suspected terrorists. Rather these rules are way, they can persevere and recover their package for a negotiated political settlement. drawn from sources of international law and lives, as well. Chance, you have a bright fu- This proposal, coming from one what has his- the Military Rules of Evidence. For years the ture ahead, and if you continue to fight with torically been one of Israel’s fiercest enemies, State Department has strongly opposed the the determination and diligence you have should be fully embraced and encouraged by use of secret courts in countries such as Rus- demonstrated in your struggle, there is nothing our government. My good friend and col- sia, China, Egypt and Peru. Last summer that will stand in your way. It is an honor to league, JOHN DINGELL and I have sent a letter China held secret trials of U.S.-based scholars represent you and good luck in your future en- to President Bush asking him to continue to on espionage charges. One of the scholars deavors. further develop this idea with the Saudi gov- was a U.S. citizen and another two were U.S.

VerDate 112000 03:39 Mar 22, 2002 Jkt 099060 PO 00000 Frm 00029 Fmt 0626 Sfmt 9920 E:\CR\FM\A20MR8.102 pfrm02 PsN: E21PT1 E422 CONGRESSIONAL RECORD — Extensions of Remarks March 21, 2002 permanent residents. We demanded full due AIRLINE WORKERS AND VICTIMS pensation... by the amount of the collateral process for Americans charged with a crime in OF TERRORISM MORTGAGE RE- source compensation the claimant has re- a foreign country and we should not set a dif- LIEF ACT OF 2002 ceived or is entitled to receive....’’) ferent standard for non-citizens. In light of HUD Letter 01–21, as well as HON. BOBBY L. RUSH Congressional concerns over the health of the The legislation also provides regulations for airline industry, and the financial well-being of the detainment of suspects and the conditions OF ILLINOIS IN THE HOUSE OF REPRESENTATIVES the families of victims of September 11th, the of detainment. For example, detainees must Airline Workers and Victims of Terrorism Mort- be provided with the basic necessities such as Wednesday, March 20, 2002 gage Relief Act of 2002 would afford Con- adequate food, water and medical attention. In Mr. RUSH. Mr. Speaker, on September 13, gress the perfect opportunity to give both addition, it also allows the free exercise of reli- 2001, in response to the September 11th trag- groups the added assistance that they de- gion. edy, Secretary Mel Martinez of HUD directed serve. all FHA-approved lenders to provide a 90-day f Lastly, the legislation requires all pro- mortgage forbearance for families with FHA in- ceedings to be made public unless it is deter- sured mortgages who were affected by the re- THE ABANDONED HARDROCK mined that closed proceedings are necessary cent terrorist attacks. ‘‘Affected, borrowers are MINES RECLAMATION ACT for the safety of involved parties including wit- those individuals who were passengers or nesses or judges. This openness will prove to crew on the four hijacked airliners (American HON. MARK UDALL all Americans and to the world that we have Airlines 11 and 77, United Airlines 93 and OF COLORADO respect for basic Constitutional rights. The 175), individuals employed on September 11, IN THE HOUSE OF REPRESENTATIVES horrible events of September 11 should not 2001, in or near the World Trade Center, or in Wednesday, March 20, 2002 the Pentagon, and individuals whose financial cause us to reject the American system of jus- Mr. UDALL of Colorado. Mr. Speaker, today viability was affected by the . . . events of tice. I am introducing the Abandoned Hardrock [that] day.’’ (HUD Mortgage Letter 01–21.) Mines Reclamation Act. This bill is designed to As evidenced by the $15 billion bail out that f help promote the cleanup of abandoned and followed the events of September 11, the ef- inactive hardrock mines that are a menace to fects felt by the airline industry were amongst IN COMMEMORATION OF THE the environment and public health throughout the most immediate and devastating experi- GIRLS SCOUTS’ 90-YEAR COMMIT- the country, but especially in the west. MENT TO AMERICAN GIRLS enced within the corporate world. It follows naturally, that the devastation experienced by THE BACKGROUND the airlines was ultimately felt by the 150,000+ For over one hundred years, miners and HON. DENNIS MOORE employees whose financial viability was af- prospectors have searched for and developed fected by the ongoing wave of post-September valuable ‘‘hardrock’’ minerals—gold, silver, OF KANSAS 11th lay offs. copper, molybdenum, and others. Hardrock mining has played a key role in the history of IN THE HOUSE OF REPRESENTATIVES Also affected by the tragic events of Sep- tember 11th, are the families of those killed, Colorado and other states, and the resulting Wednesday, March 20, 2002 who have experienced considerable difficulty mineral wealth has been an important aspect in meeting their financial obligations. And of our economy and the development of es- Mr. MOORE. Mr. Speaker, for the past 90 while Congress, in creating the September sential products. years, the Girl Scouts of the United States of 11th Victims Compensation Fund, has worked However, as all westerners know, this his- America (GSUSA) have been pursuing a mis- hard to stem the financial devastation felt by tory has too often been marked by a series of sion to help all girls grow to be strong, positive thousands of families after September 11th, ‘‘boom’’ times followed by a ‘‘bust’’ when mines were no longer profitable—because ore contributors to society. Established on March there are some who may be falling through bodies were exhausted or not economically re- 12, 1912, with a group of 18 girls, GSUSA has the cracks. Fortunately there is a measure, which if re- coverable with contemporary technology, or since grown to a membership of nearly 3 mil- because of depressed mineral prices. When lion girls nationwide, with an alumni base of vived and applied to parties affected by the events of September 11th, can help. these busts came, too often the miners would over 50 million women. The Airline Workers and Victims of Ter- abandon their workings and move on, seeking The mission of GSUSA is to empower all rorism Mortgage Relief Act of 2002 accom- riches over the next mountain. The resulting girls to develop to their full potential. Activities plishes this goal by: legacy of unsafe open mine shafts and acid encouraging strong values, leadership, re- Adopting the expired language of HUD Let- mine drainages can be seen throughout the country and especially on the western public sponsibility, confidence, and friendship have ter 01–21; lands where mineral development was encour- been core elements of the Girl Scout program. Making clear that the moratorium on FHA aged to help settle our region. The GSUSA seeks to enable young women to foreclosure outlined in HUD Letter 01–21 must apply to (1) laid off employees of foreign and THE PROBLEMS grow into strong citizens by teaching money domestic air carriers and (2) laid off employ- The problems caused by abandoned and in- and financial management, health and fitness, ees of manufacturers aircraft used by foreign active mines are very real and very large—in- global awareness, and community service. Mil- or domestic carriers; cluding acidic water draining from old tunnels, lions of Girl Scouts have, through resources Expanding for all eligible borrowers, the 90- heavy metals leaching into streams killing fish provided through the GSUSA, been introduced day forbearance to 180 days from enactment; and tainting water supplies, open vertical mine to the arts, science, math, and technology. Requiring the Secretary of HUD to inform shafts, dangerous highwalls, large open pits, In my home state of Kansas, 50,000 girls mortgagees of the aforementioned changes; waste rock piles that are unsightly and dan- Also, those eligible for compensation under gerous, and hazardous dilapidated structures. and adults participate in Girl Scouts. Local ini- the so-called ‘‘9–11 fund,’’ (PL 107–42), would And, unfortunately, many of our current en- tiatives have included: an anti-violence pro- be covered until receipt of compensation vironmental laws, designed to mitigate the im- gram for girls and mothers; a ‘‘Beyond Bars’’ money; pact from operating hardrock mines, are of program encouraging Girl Scout activities with Those who opt to forgo the compensation limited effectiveness when applied to aban- incarcerated mothers; girls’ sport programs money by bringing suit, (§ 405(c)(3)(B)(i)), doned and inactive mines. As a result, many that teach health and fitness skills, as well as would still be eligible for forbearance for 18 of these old mines go on polluting streams allowing young female athletes the opportunity months after enactment, or until verdict ren- and rivers and potentially risking the health of to meet professional female athletes; and sev- dered in the first lawsuit, whichever comes people who live nearby or downstream. eral other initiatives designed to teach self- first, if suit is brought during the 180 day for- The full scope of these problems is hard to confidence, values, integrity, and leadership. bearance period; and estimate because many of these old mines The bill also stipulates that coverage under are in remote regions and because a complete I commend the Girl Scouts of the U.S.A. for the Act would not count as a ‘‘collateral inventory does not exist. Some states and fed- their support, dedication, and commitment to source’’ as defined by the Compensation Fund eral agencies have done some inventory work, American girls, and I applaud them, on this, language. (§ 405(b)(3) provides that the Spe- but in 1996 the General Accounting Office, their 90th anniversary. cial Master ‘‘shall reduce the amount of com- after reviewing available data, found that many

VerDate 112000 03:39 Mar 22, 2002 Jkt 099060 PO 00000 Frm 00030 Fmt 0626 Sfmt 9920 E:\CR\FM\A20MR8.104 pfrm02 PsN: E21PT1 March 21, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E423 agencies had not done thorough surveys and Unless these fiscal and legal obstacles are fund would be used by the Secretary of the In- those that did showed a range of results. For overcome, often the only route to clean up terior to assist projects to reclaim and restore example, GAO’s report showed that the U.S. abandoned mines will be to place them on the lands and waters adversely affected by aban- Forest Service listed about 25,000 abandoned nation’s Superfund list. Colorado has experi- doned or inactive hardrock mines. mine sites within its boundaries, while the U.S. ence with that approach, so Coloradans know A similar method already exists to fund Bureau of Mines reported 12,500 sites on For- that while it can be effective it also has short- clean up of abandoned coal mines. The Sur- est Service lands. On the other hand, the Min- comings. For one thing, just being placed on face Mining Control and Reclamation Act of eral Policy Center, a private non-profit group, the Superfund list does not guarantee prompt 1977 (SMCRA) provides for fees on coal pro- has estimated that over 560,000 sites exist on cleanup. The site will have to get in line be- duction. Those fees are deposited into the public and private land. As a first step, my bill hind other listed sites and await the availability Abandoned Mine Reclamation Fund and used would provide a source of funds to assist of financial resources. to fund reclamation of sites that had been states to complete inventories. In addition, as many communities within or mined for coal and then abandoned before en- But if we do not know exactly how big the near Superfund sites know, listing an area on actment of SMCRA. Similarly, my bill provides problem is, we already know enough to recog- the Superfund list can create concerns about for fees on mineral production from producing nize more than inventories will be needed to stigmatizing an area and potentially harming hardrock mines. fully address it. In particular, we know that nearby property values. For example, that is In developing this part of the bill, I have fol- timely solutions will require efforts by more en- just what is happening in the case of some lowed the lead of a 1999 resolution of the tities than just the federal government. We abandoned mines above the communities of Western Governors Association. That resolu- need to assist and encourage the states, local Jamestown and Ward in Boulder County. tion (proposed by Governors Guinn of Nevada governments, and Indian Tribes—as well as These sites are creating water quality con- and Leavitt of Utah), notes that ‘‘While society private groups—to join in the work of cleaning cerns for these communities and others down- has benefited broadly from the metal mining up these sites. stream, and the Environmental Protection industry, problems created by some aban- OBSTACLES TO CLEANUPS Agency has been considering placing this old doned mine lands [are] a significant national However, right now there are two serious mining region on the Superfund list. That concern . . . [and] industry can play an impor- obstacles to their involvement. would mean that eventually the sites could re- tant role in the resolution of these problems One obstacle is a serious lack of funds for ceive attention and cleanup. In the meantime, through funding mechanisms’’ as well as in cleaning up sites for which no private person however, these communities have to live with other ways. or entity can be held liable. For example, the a potential Superfund designation and all the In accord with that suggestion, the bill pro- 1996 GAO report found that the U.S. Forest issues and concerns associated with that des- vides for fees that would apply to hardrock Service estimated it would cost $4.7 billion to ignation. mines on federal lands or lands that were fed- clean up abandoned mine sites on its lands We need to develop an alternative approach eral before issuance of a mining-law patent. alone—and many other sites are on lands that will mean we are not left only with the op- The fees would be paid to the Secretary of the managed by other federal agencies. tions of doing nothing or creating additional Interior and would be deposited in a new Another obstacle is legal. While the Clean Superfund sites—because while in some Abandoned Minerals Mine Reclamation Fund Water Act is one of the most effective and im- cases the Superfund approach may make the in the U.S. Treasury. Money in that fund would portant of our environmental laws, as applied most sense, in many others there could be a earn interest and would be available for rec- it can mean that someone undertaking to more direct and effective way to remedy the lamation of abandoned hardrock mines and clean up an abandoned or inactive mine will problem. associated sites. be exposed to the same liability that would WESTERN GOVERNORS WANT ACTION In developing the bill, I decided that a one- apply to a party responsible for creating the For years, the Governors of our western fee-fits-all approach would not be fair. Instead, site’s problems in the first place. As a result, States have recognized the need for action to the bill provides for only modest fees and a would-be ‘‘good Samaritans’’ understandably address this serious problem. The Western sliding scale based on the ability of mines to have been unwilling to volunteer their services Governors’ Association has several times pay. to clean up abandoned and inactive mines. adopted resolutions on the subject. The most Mines Exempt from Fees They have not wanted to be required to se- recent, adopted in August of last year, was cure long-term pollution discharge permits and entitled ‘‘Cleaning Up Abandoned Mines’’ and To begin with, the bill would entirely exempt thus face long-term costs and potentially stiff was proposed by Governor Bill Owens of Col- mines with gross proceeds of less than fines and penalties. orado along with Governors Guinn of Nevada, $500,000 per year. That means many—prob- For example, near the Keystone ski resort in Janklow of South Dakota, and Johnson of ably most—small operations, such as Alaskan Colorado is an abandoned mine, named the New Mexico. prospectors working individual placer claims, ‘‘Pennsylvania Mine.’’ Each minute, the tunnel That resolution begins by pointing out that will not be liable for any fees under the bill. of this mine releases between 30 and 200 gal- these sites are ‘‘responsible for threats and Calculation of Fees lons of orange-tinted, highly acidic water into impairments to water quality’’ throughout the Peru Creek. That mountain stream flows into west and also often are safety hazards. It For more lucrative mines, fees would be the Snake River, which in turn feeds into Dil- notes that their cleanup is ‘‘hampered by two based on the ratio of net proceeds to gross lon Reservoir in Summit County—a major issues—lack of funding and concerns about li- proceeds. If a mine’s net proceeds were under source of drinking water for many people in ability.’’ And it says that Congress should 10% of gross proceeds, the fee would be 2% our state. To reduce this health risk, the state, ‘‘protect a remediating agency from becoming of the net proceeds. For mines with net pro- with some private and federal partners, began legally responsible [unless they would be oth- ceeds of at least 10% but less than 18% of working to have the contaminants from this erwise] . . . for any continuing discharges gross proceeds, the fee would be 2.5% of net mine filtered out by a wetland and other meth- . . . after completion of a cleanup project’’ proceeds. Mines where the net proceeds were ods. However, this effort has come to a halt— and that ‘‘reliable sources of funds that do not at least 18% but less than 26% of gross pro- partly because of technical problems with the divert from other important Clean Water pro- ceeds would pay a fee of 3% of net proceeds. cleanup method, but more importantly be- grams should be identified and made available If the net proceeds were at least 26% but less cause of a recent judicial decision regarding a for the cleanup of hardrock abandoned mines than 34% of gross proceeds, the fee would be similar situation in California. In that case, the in the West.’’ 3.5% of net proceeds. Where the net pro- court ruled that ‘‘good Samaritans’’—like the The bill I am introducing today is based di- ceeds were at least 34% but less than 42% of parties working on the Pennsylvania Mine rectly on those recommendations by the West- gross proceeds the fee would be 4% of net cleanup—could be held liable under the Clean ern Governors. It addresses both the lack of proceeds. Mines with net proceeds equal to at Water Act for creating a ‘‘point-source’’ dis- resources and the liability risks to those doing least 42% but less than 50% of gross pro- charge from a wetland and other techniques cleanups. ceeds would pay a fee of 4.5% of net pro- ceeds. And mines whose net proceeds were and thus be liable for permits, costs and pen- OUTLINE OF THE BILL alties. Faced with that prospect, the Colorado 50% or more of the gross proceeds would pay volunteers abandoned the effort. Title 1. Funds for Cleanups a fee of 5% of the net proceeds. In short, in this case the valiant and laud- First, the lack of resources. To help fund For the purpose of calculating these fees, able efforts of volunteers were frustrated by cleanup projects, the bill would create a rec- the bill defines gross proceeds as the value of the very laws that are designed to stem this lamation fund paid for by a modest fee applied any extracted hardrock minerals that are sold, type of pollution. to existing hardrock mining operations. The exchanged for good or services, exported

VerDate 112000 03:39 Mar 22, 2002 Jkt 099060 PO 00000 Frm 00031 Fmt 0626 Sfmt 9920 E:\CR\FM\A20MR8.107 pfrm02 PsN: E21PT1 E424 CONGRESSIONAL RECORD — Extensions of Remarks March 21, 2002 ready for use or sale, or initially used in manu- ‘‘good Samaritan’’ permits provided for in Title PAYING TRIBUTE TO RAYMOND facture or service. Net proceeds are defined II of the bill. PETERSON as how much of the gross proceeds remain Among eligible sites, priorities for funding after deducting the costs of mine develop- would be based on the presence and severity HON. SCOTT McINNIS ment; mineral extraction; transporting minerals OF COLORADO of threats to public health, safety, general wel- for smelting or similar processing; mineral IN THE HOUSE OF REPRESENTATIVES fare, or property from the effects of past min- processing; marketing and delivery to cus- Wednesday, March 20, 2002 tomers; maintenance and repairs of machinery ing and the improvement that cleanup work and facilities; depreciation; insurance on mine could make in restoration of degraded water Mr. McINNIS. Mr. Speaker, I would like to facilities and equipment; insurance for employ- and other resources. The first priority would be take this opportunity to pay tribute to the life and memory of Raymond Harold Peterson ees; and royalties and taxes. for sites where effects of past mining pose an who recently passed away in Grand Junction, extreme danger. After that, priorities would be Based on Nevada Model Colorado on February 17, 2002. Raymond, sites where past mining has resulted in ad- This method of calculating fees is similar to also known as Ray, will always be remem- that used by the State of Nevada, which col- verse effects (but not extreme danger) and bered as a dedicated contributor to his com- lects similar production-based fees from mines then those where past mining has not led to munity and this nation. His passing is a great in that state. However, the fees in my bill are equally serious consequences but where loss for his family and a town that relied on more moderate than those set by the Nevada cleanup work would have a beneficial effect. Ray for his kind heart, knowledge, and friend- law in one important respect—Nevada im- Further, the bill recognizes that in Colorado ship. Raymond was born in Iowa in 1920 and poses its maximum fee rate on all mines with and other states there are often concentra- served his country gallantly in World War II. net proceeds of $5 million or more, regardless tions of abandoned mining sites that vary in of the ratio between those net proceeds and As a member of the U.S. Army Fourth Infantry the severity of their threat to the public health the gross proceeds. My bill does not do that— Division, Raymond served in Germany during and the environment but that can and should instead, all of its fees are based on the ratio. the latter part of the war. His actions and In other words, under my bill a mine with earn- be dealt with in a comprehensive manner. wounds were recognized several times ings (i.e., net proceeds) of more than $5 mil- Therefore, it provides that sites of varying pri- throughout the course of the war, notably with lion per year still might pay the minimum fee ority should be dealt with at the same time the Bronze Star Medal for Valor and the Pur- if those earnings were less than 10% of the when that is feasible and appropriate. ple Heart Medal for wounds sustained in com- gross proceeds. bat. Following his service to his country in the Title II. Protection for ‘‘Good Samaritans’’ war, Raymond married his sweetheart Kath- Estimated Proceeds from Fees and Use of leen in November of 1945, eventually settling Second, the threat of long-term liability. To Fund in Colorado. There he worked for the General There are not sufficient data available to say help encourage the efforts of ‘‘good Samari- Services Administration at the Denver Federal exactly how much money would go into the tans,’’ the bill would create a new program Center until his retirement in 1967. new reclamation fund each year under my bill. under the Clean Water Act under which quali- Raymond remained involved in his commu- However, the United States Geological Survey fying individuals and entities could obtain per- nity throughout his life and was often found does have information about the number of mits to conduct cleanups of abandoned or in- immersed in his true passion, nature. He is operating copper and gold mines and the active hardrock mines. These permits would survived by his loving wife Kathleen, daugh- State of Nevada has data about the money give some liability protection to those volun- ters Judith and Connie, and several grand- raised by their similar fee system. By extrapo- teering to clean up these sites, while also re- children and great-grandchildren. I know the lating from those data, it is possible to esti- quiring the permit holders to meet certain passing of a love one is difficult, but I hope his family finds comfort in knowing that Ray- mate that the fees provided for in my bill standards and requirements. would generate about $40 million annually for mond’s kindness and generosity will live on the Abandoned Minerals Mine Reclamation The bill specifies who can secure these per- through his family and friends. Fund. mits, what would be required by way of a Mr. Speaker, Raymond Peterson will be Funds in the new reclamation fund would be cleanup plan, and the extent of liability expo- greatly missed by the many whose lives he available for appropriation for grants to States sure. Notably, unlike regular Clean Water Act has touched in the community, and this nation. to complete inventories of abandoned point-source (‘‘NPDES’’) permits, these new As a veteran, Raymond fought to uphold the hardrock mine sites, as mentioned above. A permits would not require meeting specific values that we as Americans cherish dearly today and throughout his career he worked for state with sites covered by the bill could re- standards for specific pollutants and would not his fellow citizens. I am grateful to Raymond ceive a grant of up to $2 million annually for impose liabilities for monitoring or long-term this purpose. In addition, and again subject to and the many others of his generation who maintenance and operations. These permits appropriation, money from the new reclama- gave of themselves selflessly so that we may would terminate upon completion of cleanup, if tion fund would be available for cleanup work enjoy the freedom of democracy today. It is at eligible sites. a regular Clean Water Act permit is issued for with a solemn heart that we say goodbye and To be eligible, a site would have to be with- the same site, or if a permit holder encounters pay our respects to a patriarch of the Peterson in a state subject to operation of the general unforeseen conditions beyond the holder’s family and the Grand Junction community. mining laws that has completed its statewide control. f inventory. Within those states, eligible sites I think such protection would encourage IN RECOGNITION OF THE GIRL would be those—(1) where former hardrock- more efforts to resolve problems like those at SCOUTS OF AMERICA mining activities had permanently ceased as the Pennsylvania Mine. of the date of the bill’s enactment; (2) that are not on the National Priorities List under the Together, these two programs could help us HON. TODD RUSSELL PLATTS Superfund law; (3) for which there are no begin to address a problem that has frustrated OF PENNSYLVANIA identifiable owners or operators; and (4) that federal and state agencies throughout the IN THE HOUSE OF REPRESENTATIVES lack sufficient minerals to make further mining, country and make progress in cleaning up Wednesday, March 20, 2002 remining, or reprocessing of minerals eco- from an unwelcome legacy of our mining his- Mr. PLATTS. Mr. Speaker, I rise today in nomically feasible. Sites designated for reme- tory. The Pennsylvania Mine and the James- recognition of the Girl Scouts of America. The dial action under the Uranium Mill Tailings Ra- town area are but two examples—others can Girl Scouts turn 90 years old this year, and diation Control Act of 1978 or subject to be found throughout the west. And as popu- have a long and progressive history in our planned or ongoing response or natural re- lation growth continues near these old mines, country. source damage action under the Superfund The Girl Scouts were started in 1912 by Ju- law would not be eligible for cleanup funding more and more risks to public health and safe- liette Gordon Lowe. Her belief that all girls from the new reclamation fund. ty are likely to occur. We simply must begin to should experience physical, mental and spir- The Interior Department could use money address this issue—not only to improve the itual growth through community involvement appropriated from the fund to do cleanup work environment, but also to ensure that our water soon grew from a 18 member organization in itself or could authorize use of the money for supplies are safe and usable. 1912, to a 70 thousand member organization cleanup work by a holder of one of the new in 1920.

VerDate 112000 03:39 Mar 22, 2002 Jkt 099060 PO 00000 Frm 00032 Fmt 0626 Sfmt 9920 E:\CR\FM\A20MR8.110 pfrm02 PsN: E21PT1 March 21, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E425 Over the past 90 years, the Girl Scouts year. These funds strengthen democratic insti- Alternative Model 3: Personal Accounts are have: sold war bonds during World War One; tutions and provide for basic human needs. created by a match of part of the payroll tax— led community relief efforts during the Great They amount to significantly more than we 2.5 percent up to $1000 annually (indexed an- Depression; helped tackle illiteracy with then could ever hope to provide in foreign aid. Cut- nually for wage growth)—for any worker who First Lady, Barbara Bush; and most recently, ting off these remittances would renew eco- contributes an additional 1 percent of wages Girl Scouts donated a personal gift of one dol- nomic and political instability in the region, un- subject to Social Security payroll taxes. lar each to help support the children of Af- dermine efforts to combat terrorism and drug It is unfortunate that the Commission failed ghanistan—no small amount with a member- trafficking, and generate massive new migra- to realize that you cannot help low income ship of nearly 4 million girls. tion to the United States. workers and Minorities based on a plan that Within the Senior Girl Scouts division, young According to the INS, as many as 8 million cuts benefits up to 46 percent. These pro- women are challenged to serve their commu- undocumented immigrants live in the U.S. posals would subject everyone to this benefit nity through Gold Award projects. Scouts today. This is a situation profoundly affecting cut, not just workers who choose to have an strive for two years to earn a series of re- our national security, and we should make individual account. Finally, Social Security pri- quired badges, pins and patches. A scout every effort to change it for the better. While vatization would expose individual workers must then plan and execute a year-long Gold we do not have the resources to find and and their families to much greater financial Award project under the guidance of a cer- identify all of the undocumented aliens in our risk. Under privatization, Social Security bene- tified volunteer. The Gold Award is the Girl country, we must give them some incentive to fits would no longer be determined primarily Scouts highest award, with less than 4,000 come forward and identify themselves. CASA by a worker’s earnings and the payroll tax scouts receiving the award each year, would provide that incentive to bring some of contributions he or she made over their ca- Mr. Speaker, I encourage my colleagues to these aliens out of the shadows and encour- reer. Rather, benefit levels would be deter- support their local Girl Scout chapter and par- age them to register with the federal govern- mined by the volatile stock market. ticipate in at least one Gold Award ceremony ment. While it is true that Social Security faces a in the next year in order to fully appreciate the Mr. Speaker, it is in our best interest to en- long-term challenge, diverting revenue from hard work and enormous effort each Girl hance domestic security efforts and to ensure Social Security into private accounts will seri- Scout must exert to achieve her goal. the economic and political stability of Central ously undermine our commitment to the retire- f America. Therefore, I urge all of my col- ment security of American seniors. leagues to support this fair and equitable leg- f CENTRAL AMERICAN SECURITY islation. ACT (CASA) PAYING TRIBUTE TO CORPORAL f CHRISTOPHER CHANDLER HON. TOM DAVIS SOCIAL SECURITY PRIVATIZATION OF VIRGINIA HON. SCOTT McINNIS IN THE HOUSE OF REPRESENTATIVES HON. BOBBY L. RUSH OF COLORADO Wednesday, March 20, 2002 OF ILLINOIS IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Mr. TOM DAVIS of Virginia. Mr. Speaker, I Wednesday, March 20, 2002 rise today to introduce the Central American Wednesday, March 20, 2002 Mr. McINNIS. Mr. Speaker, I would like to Security Act (CASA). This legislation has Mr. RUSH. Mr. Speaker, there has been a take this opportunity to welcome home an out- strong bi-partisan support, and would give Sal- considerable amount of debate on how to re- standing Marine and true American hero. Ma- vadorans, Guatemalans and Hondurans the form our Social Security System and make it rine Cpl. Christopher Chandler recently re- same opportunity to adjust their immigration solvent. There is no question that we need to turned home from protecting and fighting for status that Congress extended to Nicaraguans reform Social Security. The Social Security our country in Afghanistan. As a young ma- and Cubans in 1997. Trustees estimate cash flow deficits in the sys- rine, Christopher traveled far from American In 1997, Congress passed the Nicaraguan tem starting in 2016 with a bankruptcy date of soil to ensure that the attacks of September and Central American Relief Act (NACARA) 2038. It is also estimated that the system will 11th on this country would not go unan- which offered drastically different immigration only be able to pay 73 percent of promised swered. He has recently returned home to relief for Nicaraguans and Cubans than it did benefits. There are many reasons contributing Colorado and I would like tell his story before for Salvadorans and Guatemalans, despite to this depletion, such as increase life this body of Congress and this nation. similar political situations in El Salvador, Gua- expectancies and lagging birth rates. How- Corporal Christopher Chandler is a member temala,’and Honduras. Immigrants arriving ever, the crux of the issue is how we reform of the 1st Light Armored Reconnaissance Bat- here from these countries were all fleeing Social Security without raising payroll taxes, talion, 1st Marine Division of the 15th Marine similar circumstances. As a result of this dis- cutting benefits or allowing the government to Expeditionary unit. He was stationed at the parity in treatment, there are many undocu- invest in stock markets. Kandahar International Airport in Afghanistan mented Central Americans in the United In May 2001, President Bush established a to ensure peace reigned in the region. While States today who are hard-working, taxpaying, 16-Member Commission on Social Security to on patrol on December 16th, he was injured in long-term residents with no way to regularize make recommendations on how to reform So- an enemy blast, resulting in the loss of his left their immigration status. Our bill would resolve cial Security. As you know, the Commission foot and injury to his hand. Following initial the contradiction. issued a final report last December that pro- treatment, he was moved to Walter Reed While there are strong equity and fairness posed three alternative models for Social Se- Army Medical Center where he recently fin- arguments to provide ‘‘parity’’ to Salvadorans, curity reform that focuses on personal ac- ished the initial healing process and began re- Guatemalans and Hondurans, we are equally counts as a central component. habilitation. For wounds sustained in combat, interested in the key U.S. foreign policy and In two of the proposed alternative models, Christopher Chandler was awarded the Purple national security interests in Central America the Commission claims that low income work- Heart medal. that are served by the proposal. ers and Minorities will fare better if they invest As his rehabilitation continues, Christopher After suffering through a string of brutal civil part of their Social Security taxes in stocks thrives on the tenacity he demonstrated in his wars, these countries now have moderate, and bonds. The rationale is that Minority endeavor to become a United States Marine. democratically-elected governments. They groups such as African-Americans are heavily He has refused to let his injury harm his spirit have made great progress in respecting dependent on Social Security benefits during and has recovered remarkably strong. Believe human rights and the rule of law. These are retirement and often have little or no pension it or not, Christopher now desires to return to pro-American, multi-party democracies where savings or other sources of income. Specifi- active service. He is a remarkable young man, political violence has been largely eliminated. cally the two alternative models call for the fol- and if he continues to prod ahead through his Yet, these emerging democracies remain frag- lowing: life with the diligence and commitment to suc- ile, ravaged by natural disasters and beset by Alternative Model 2: Workers can voluntarily cess he has achieved thus far, there is no limit economic hardship. We must do what we can redirect 4 percent of their payroll taxes up to to his future potential. to help and nurture them. $1000 annually to a personal account (the Mr. Speaker, I am truly honored today to Hard-working Salvadorans, Guatemalans maximum contribution is indexed annually to recognize Corporal Christopher Chandler be- and Hondurans in the United States send bil- wage growth). No additional contribution from fore this body of Congress and this nation. His lions of dollars home to their families every the worker would be required. selfless sacrifice to his country serves as a

VerDate 112000 03:39 Mar 22, 2002 Jkt 099060 PO 00000 Frm 00033 Fmt 0626 Sfmt 9920 E:\CR\FM\A20MR8.112 pfrm02 PsN: E21PT1 E426 CONGRESSIONAL RECORD — Extensions of Remarks March 21, 2002 model for all Americans who desire to serve President of the Council of Khalistan, the or- China. Falun Gong representatives believe their country in the most difficult and trying of ganization that leads the Sikh Nation’s that over 100,000 Falun Gong practitioners circumstances. Many young men and women struggle for independence. ‘‘These illegal ar- have been arrested. Tens of thousands have are now serving their nation without regard to rests show that the Hindu nationalists will reach anywhere to destroy Sikhs and other been thrown into labor camps without trial, personal safety to ensure we enjoy the free- minorities,’’ he said. ‘‘They attacked the and at least 1,000 healthy practitioners have doms our forefathers paid for so many years Golden Temple in 1984. They have attacked been put into mental hospitals and have suf- ago. We are proud of and honor you Chris- Christian churches, schools, and prayer fered illegal psychiatric abuse. It has also topher, good luck with your recovery, and halls. It has been an ongoing pattern of re- been reported that between 365 and 1,600 good luck in your future endeavors. pression,’’ he said. people have been killed in police custody. f ‘‘It is shameful that the Canadian and It is thought that there are as many as 100 British governments have gone along with million Falun Gong practitioners worldwide. SIKH ACTIVIST DETAINED IN CAN- India’s repression by illegally arresting and Falun Gong believers hold that this spiritual ADA AND BRITAIN AT BEHEST harassing Dr. Sandhu,’’ said Dr. Aulakh. practice instills the three principles of truthful- OF INDIAN GOVERNMENT ‘‘Dr. Sandhu is a victim of India’s tyran- nical, fanatical drive to eliminate all minor- ness, compassion and tolerance. They would ity populations in the service of rampaging merely like the opportunity to peacefully prac- HON. DAN BURTON Hindu cultural imperialism,’’ he said. ‘‘It is tice their beliefs without fear of torture or im- OF INDIANA clear that the agents at the airports in Van- prisonment. IN THE HOUSE OF REPRESENTATIVES couver and London were working at the be- Mr. Speaker, I ask my colleagues to join me Wednesday, March 20, 2002 hest of the brutal Indian government, per- in supporting Falun Gong and its practitioners’ haps at its direction since they were appar- quest for peace and tolerance. Mr. BURTON of Indiana. Mr. Speaker, Dr. ently in constant contact with Delhi.’’ Bhagwan Singh Sandhu, a leader of the Sikh The Indian government has murdered over f Students Federation, was detained at the air- 250,000 Sikhs since 1984. Over 75,000 Kashrairi A TRIBUTE TO DR. SOSSINA ports in Vancouver and in London last month, Muslims have been killed since 1988. More HAILE, 27TH CONGRESSIONAL apparently at the behest of the Indian govern- than 200,000 Christians have been killed since DISTRICT WOMAN OF THE ment. According to information I have re- 1947, along with tens of thousands of Dalits, YEAR—2002 ceived, Dr. Sandhu was detained overnight Tamils, Assamese, Bodos, Manipuris, and other minorities. A report issued last year and interrogated by Canadian intelligence shows that 52,268 Sikh political prisoners are agents who were in constant contact with In- held in Indian jails, as well as tens of thou- HON. ADAM B. SCHIFF dian officials in Delhi. According to Dr. sands of others. On February 28, 42 Members OF CALIFORNIA Sandhu, he was told that he was a terrorist, of the U.S. Congress wrote to President IN THE HOUSE OF REPRESENTATIVES yet no evidence to support this claim was pro- Bush, asking him to work to get these polit- Wednesday, March 20, 2002 duced by authorities in Canada. The same ical prisoners freed. Since Christmas 1998, thing apparently happened to him on his ar- Christians have felt the brunt of the attacks. Mr. SCHIFF. Mr. Speaker, I rise today to rival in London. All records of his interrogation Priests have been murdered, nuns have been honor Women’s History Month. Each year, we were retained by the Indian regime. raped, churches have been burned, Christian pay special tribute to the contributions and Mr. Speaker, the Indian Government ap- schools and prayer halls have been de- sacrifices made by our nation’s most notable stroyed, and no one has been punished for pears to be trying to capitalize on the world’s women during the month of March and it is my these acts. Militant Hindu fundamentalists honor to not only recognize women of the past heightened concerns about terrorism to harass allied with the RSS, the pro-Fascist parent innocent Sikhs beyond its own borders. In the organization of the ruling BJP, burned mis- but to also recognize women who are making case of Dr. Sandhu, it appears that India ma- sionary Graham Staines and his two young a difference in my community. While a month nipulated our friends in Canada and Great sons to death. of remembrance is certainly not sufficient, I Britain so that they would detain Dr. Sandhu. Last year, a cabinet member said that ev- am honored today to pay homage to such The Council of Khalistan has issued an excel- eryone living in India must be a Hindu or be women as Eleanor Roosevelt, Sandra Day lent press release on the detention of Dr. subservient to Hindus. In July 1997, Narinder O’Connor, Harriet Tubman, Sally Ride and all Singh, a spokesman for the Golden Temple, Sandhu. It is very informative. I would like to the women of my Congressional District, told National Public Radio, ‘‘The Indian gov- whose contributions have made a profound place it in the RECORD at this time. ernment, all the time they boast that difference in the face and fabric of our nation. [From the Council of Khalistan, Mar. 11, they’re democratic, they’re secular, but they 2002] have nothing to do with a democracy, they It is a special privilege to recognize an out- standing woman of California’s 27th Congres- SIKH ACTIVIST ARRESTED IN CANADA AND have nothing to do with a secularism. They ENGLAND AT BEHEST OF INDIAN GOVERNMENT try to crush Sikhs just to please the major- sional District. Dr. Sossina M. Haile is a well- ity.’’ INDIA TERRORIZING SIKHS INTERNATIONALLY respected and valuable member of the edu- ‘‘The only way to escape this government- cational community in my district and her work WASHINGTON, D.C., March 11, 2002.—Dr. supported violence and tyranny is for the Bhagwan Singh Sandhu, a leader of the Sikh as a professor and advisor are important in Sikhs, Christians, Muslims, and other mi- helping to shape the face and scope of re- Student Federation, was arrested at the norities to claim their freedom from India,’’ Vancouver airport on February 12 on the in- Dr. Aulakh said. ‘‘That is the only way to search in this country. structions of the Indian government. Cana- prevent the Hindu theocracy from wiping us Dr. Haile received her Bachelor of Science dian intelligence agents interrogated Dr. out,’’ he said. ‘‘We must launch a Shantmai degree in Math, Science and Engineering from Sandhu while they were in constant touch Morcha (peaceful agitation) to liberate MIT and went on to receive her M.S. degree with Indian intelligence in Delhi. They of- Khalistan,’’ he said. in the same discipline from the University of fered no evidence of any involvement by Dr. ‘‘Sikhs are a separate nation and ruled California, Berkeley. She returned to her alma Sandhu in any terrorist activity in India or Punjab until 1849. No Sikh leader has signed any other country. Yet he was labeled a ter- mater, MIT, where she earned a Ph.D. the Indian constitution. The people of South She began her professional career in edu- rorist by the Canadian intelligence Asia must have self-determination now,’’ Dr. operatives. They locked him in a cold, small Aulakh said. ‘‘India is on the verge of dis- cation at the Max-Planck-Institut fur cell with only a cement bench to lie down on. integration, as Steve Forbes predicted in the Festkorperforschung in Stuttgart, Germany as The following evening, February 13, he was current issue of Forbes magazine,’’ he said. a Fulbright then Humboldt Fellow between Oc- put on a plane to London. ‘‘Khalistan will be free by 2008.’’ tober 1991 and August 1993. She served as When Dr. Sandhu arrived in London, the British, acting at the behest of the Indian f the Department of Materials Sciences and government arrested him. He was interro- Engineering’s Battellee Assistant Professor at gated and searched, then held in jail over- FALUN GONG the University of Washington from September night. He was then sent back to India. The 1993 to September 1996. In the fall of 1996 Indian government kept all the papers re- HON. MARK UDALL she became an Assistant Professor in the Ma- lated to his arrest and detention. When he OF COLORADO terials Science Department at the California arrived in India, he was arrested again. He IN THE HOUSE OF REPRESENTATIVES Institute of Technology and I am happy to an- had to get medical attention due to his inju- nounce that she was recently granted an As- ries from his arrests. His letters of protests Wednesday, March 20, 2002 to the Canadian, British, and Indian authori- sociate Professorship at Caltech in the fall of ties have gone unanswered. Mr. UDALL of Colorado. Mr. Speaker, I rise last year. ‘‘This arrest shows the true face of Indian today to speak out against the religious perse- Over her academic years, Dr. Haile has secularism,’’ said Dr. Gurmit Singh Aulakh, cution of Falun Gong practitioners in mainland compiled an impressive and outstanding list of

VerDate 112000 03:39 Mar 22, 2002 Jkt 099060 PO 00000 Frm 00034 Fmt 0626 Sfmt 9920 E:\CR\FM\K20MR8.009 pfrm02 PsN: E21PT1 March 21, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E427 notable awards and accomplishments. She 1–2 percent of daily operations to between this direction by calling for $74.4 billion in was named an award recipient as a National 50–60 percent today. However, we must rec- spending, an increase of $11 billion over the Young Investigator from 1994 to 1999 and ognize that the Coast Guard’s other important FY 2002 budget, and $6 billion above actual was presented the Hardy Award in 1997 for missions, such as suppressing illegal immigra- budget outlays in FY 2001. Significant funding exceptional promise of success in materials tion, drug interdiction and search and rescue increases in the agriculture budget that relate science. In 2000 she was honored with the remain vital to our constituents and coastal to homeland security and the protection of ag- communities. Coble Award in recognition of outstanding re- riculture are a $48 million increase for animal INS: We have also included sense of the search in ceramic science and in 2001 was health monitoring, a $19 million increase in the presented with the J. Wagner Award for sig- House language that the $380 million in Func- Agricultural Quarantine Inspection (AQI) pro- nificant contributions towards the under- tion 750 will be used by the Immigration and gram for improved point-of-entry inspection standing of high-temperature, ion-conducting Naturalization Service to implement a visa materials. tracking system. programs and a $12 million increase for pro- One of her greatest contributions to our SUPPORTING FIRST RESPONDERS grams to expand diagnostic, response, man- community is the research which she is under- America’s first line of defense in any ter- agement and other technical services within taking and the doctoral, masters, and senior rorist attack are our ‘‘first responders’’—local the Animal Plant Health Inspection Services theses students which she is guiding along police, firefighters, and emergency medical (APHIS). professionals. Properly trained and equipped this journey. Dr. Haile’s time and efforts are NON-PROLIFERATION OF WEAPONS OF MASS first responders have the greatest potential to certainly appreciated not only by the science DESTRUCTION community but also by the sixteen students save lives and limit casualties after a terrorist which she mentors and guides so well. attack. The FY 2003 Budget directs $37.7 bil- Nuclear weapons technology is now almost I ask all Members of Congress to join me lion to homeland security, up from $19.5 billion 70 years old, chemical and biological weapons today in honoring an outstanding and extraor- in 2002. technology is almost 100 years old. Nuclear dinary woman of California’s 27th Congres- As a first step in our commitment to improv- weapons, and other weapons of mass de- sional District, Dr. Sossina Haile. The entire ing ‘‘consequence management’’ we passed struction, are no longer the exclusive province community joins me in thanking Sossina for H.R. 3448, the Public Health Security and Bio- of the major powers of the First World. Since her continued efforts to make the 27th Con- terrorism Response Act of 2001. H.R. 3448 is the Soviet Union became a nuclear power in gressional District a place of academic excel- intended to better prepare America for bio-ter- 1949 five countries have established signifi- rorist threats or other public health emer- lence and continued research success. cant arsenals of nuclear weapons; China, gencies by improving America’s ability to re- f France, Russia, the United Kingdom, and the spond effectively and quickly to such threats. HOMELAND SECURITY ISSUES This sweeping legislation will cover everything United States. India, Pakistan, Israel, and pos- from public health preparedness and improve- sibly North Korea are also reported to have HON. ADAM H. PUTNAM ments, to enhancing controls on deadly bio- nuclear weapons. OF FLORIDA logical agents, to protecting our food, drug and With the break up of the Soviet Union, nu- IN THE HOUSE OF REPRESENTATIVES drinking water supplies. Our Budget proposes clear weapons materials and production equip- to spend $3.5 billion on enhancing the home- ment may be available on the international Wednesday, March 20, 2002 land security response capabilities of Amer- black-market or may be transferred from one Mr. PUTNAM. Mr. Speaker, in order to ica’s first responders—a greater than 10-fold state to another. Additional countries may maintain our position in the world economy increase in Federal resources to ensure that therefore be able to develop nuclear weapons America’s border security must be highly effi- the people on the frontline of our defense if they are able to obtain fissile material. Even cient, posing little or no obstacle to legitimate have the training, equipment and technology terrorist groups may acquire and use radio- trade and travel. Yet, America’s borders— necessary to protect them and protect our logical weapons that use a conventional explo- land, air or sea—are our first line of defense homeland. sive to disperse deadly radioactive material, in the war on terrorism. Our budget makes a DEFENDING AGAINST BIOLOGICAL TERRORISM bold step toward establishing the border of the One of the most important missions we evidence of such intentions has reportedly future. It begins the process of integrating ac- have as a Nation is to be prepared for the been found in Afghanistan. tive measures abroad to screen goods and threat of biological terrorism—the deliberate Our Budget recognizes the importance of people, inspections at the border, and meas- use of disease as a weapon. An effective bio- non-proliferation to our Homeland Security ef- ures within the United States to ensure com- defense will require a long-term strategy and fort. The resolution accommodates the Presi- pliance with entry and import permits. Federal significant new investment in the U.S. health dent’s request for $1.12 billion for Defense border control agencies are provided more re- care system to defend against attacks on our Nuclear Nonproliferation in fiscal year 2003, a sources to establish a seamless information- population and economic attacks against our 39 percent increase over pre-September 11th sharing system that allows for coordinated agricultural infrastructure. The President’s funding: including International Nuclear Mate- communication with the broader law enforce- Budget for 2003 devotes $2.4 billion to jump- rials Protection, (increased 67 percent, to ment and intelligence gathering communities. starting the research and development proc- $233 million) Nonproliferation Research and Funding the use of advanced technology to ess needed to provide America with the med- Development, (increased 38 percent to $284 track the movement of cargo and the entry ical tools needed to support an effective re- and exit of individuals is essential to the task sponse to bio-terrorism. million) and Fissile Materials Disposition, (ac- of managing the movement of hundreds of This new funding will focus on: (1) Infra- commodates the President’s funding request millions of individuals, conveyances, and vehi- structure. Strengthen the State and local of $350 million, a 40-percent increase above cles. health systems, including by enhancing med- the previous year). Customs: The 2003 Budget increases the ical communications and disease surveillance While much of our past focus has been on inspection budget of the Customs Services by capabilities, to maximize their contribution to the non-proliferation of nuclear weapons we $619 million, for a total of $2.3 billion. This ad- the overall bio-defense of the Nation. (2) Re- must recognize that other weapons of mass ditional funding increases the ability of the sponse. Improve specialized Federal capabili- destruction, such as chemical and biological Customs Service to fulfill its critical border se- ties to respond in coordination with State and weapons, also pose a very real and present local governments, and private capabilities in curity role. Specifically, the additional re- threat. Earlier this week, President Bush ar- sources in the 2003 Budget will allow the Cus- the event of a bioterrorist incident and build up ticulated his administration’s doctrine for deal- toms Service to achieve two key objectives: the National Pharmaceutical Stockpile. (3) ing with this threat, ‘‘Men with no respect for Acquisition of Additional Personnel and New Science. Meet the medical needs of our bio- Technology. terrorism response plans by developing spe- life must never be allowed to control the ulti- Coast Guard: The 2003 Budget increases cific new vaccines, medicines, and diagnostic mate instruments of death. Against such an funding for the Coast Guard’s homeland secu- tests through an aggressive research and de- enemy, there is no immunity, and there can be rity-related missions (protecting ports and velopment program. (4) Agriculture. I intro- no neutrality.’’ Our Budget provides the Presi- coastal areas, as well as interdiction activities) duced HR 3198 because I believe threats of dent with the resources he needs to continue by $282 million, to an overall level of $2.9 bil- agricultural bioterrorism should receive the our non-proliferation efforts and, if necessary, lion. After September 11, the Coast Guard’s same level of priority as other terrorist threats. confront any nation posing a threat with chem- port security mission grew from approximately The FY 2003 budget makes important steps in ical, biological or nuclear weapons.

VerDate 112000 03:39 Mar 22, 2002 Jkt 099060 PO 00000 Frm 00035 Fmt 0626 Sfmt 0634 E:\CR\FM\A20MR8.118 pfrm02 PsN: E21PT1 E428 CONGRESSIONAL RECORD — Extensions of Remarks March 21, 2002 PAYING TRIBUTE TO DALE Today, girls who once shared a few out- If conscription helps promote an effective SHERFEY dated books and a handful of pens and note- military, then why did General Vladisova books now have access to some of the 40,000 Putilin, Chief of the Russian General Staff, HON. SCOTT McINNIS stationary kits, 10,000 School-in-a-Box kits, react to plans to end the military draft in Rus- OF COLORADO 7.8 million, textbooks and 18,000 chalkboards sia, by saying ‘‘This is the great dream of all IN THE HOUSE OF REPRESENTATIVES provided by the UNICEF Back-to-School Cam- servicemen, when our army will become com- pletely professional . . .?’’ Wednesday, March 20, 2002 paign. Today, women and girls who once hid their Instead of reinstating a military draft, Con- Mr. McINNIS. Mr. Speaker, I would like to instruments of learning under their shawls as gress should make military service attractive take this opportunity to recognize an out- they cautiously made their way home after a by finally living up to its responsibility to pro- standing individual from Penrose, Colorado. lesson can now carry books through the vide good benefits and pay to members of the Over the years, Dale Sherfey has distin- streets without fear. Armed Forces and our nation’s veterans. It is guished himself as a businessman, a commu- Prior to the civil war that propelled the an outrage that American military personnel nity leader, and a vital participant in maintain- Taliban to power, women in Afghanistan, and and veterans are given a lower priority in the ing civic responsibilities throughout the region. especially the capital of Kabul, were highly federal budget than spending to benefit politi- Dale’s achievements are impressive, and it is educated and employed. cally powerful special interests. Until this is my honor to recognize several of those ac- Seventy percent of school teachers, 50 per- changed, we will never have a military which complishments today. Dale is a generous soul cent of civilian government workers and 40 reflects our nation’s highest ideals. whose good deeds and actions certainly de- percent of doctors in Kabul were women. Mr. Speaker, the most important reason to serve the recognition he has recently received. And at Kabul University, females comprised oppose reinstatement of a military draft is that Dale is the owner and operator of a local half of the student body and 60 percent of the conscription violates the very principles upon feed store in Penrose, a successful business faculty. which this country was founded. The basic he has run for many years. He has carried on In fact, the Afghani Constitution, which was premise underlying conscription is that the in- a long tradition of quality guidance and service ratified in 1964, had an equal rights provision dividual belongs to the state, individual rights to his many clients in the area, resulting in an for women contained within it. are granted by the state, and therefore politi- operation dedicated to remaining true to high It is clear that in order for women in Afghan- cians can abridge individual rights at will. In standards of honesty and integrity. His suc- istan to regain a position of equality, quality contrast, the philosophy which inspired Amer- cess in the industry has led to several honors education programs must be made available ica’s founders, expressed in the Declaration of including a recent tribute presented by the to the girls in Afghanistan. Independence, is that individuals possess nat- Colorado House of Representatives. I commend UNICEF and the Interim Afghan ural, God-given rights which cannot be Throughout his success, Dale and wife Government for the Back-to-School effort and abridged by the government. Forcing people Kathy, have remained active in their commu- look forward to seeing more than 1.5 million into military service against their will thus di- nity. They have actively volunteered their time children on the school-house steps on Satur- rectly contradicts the philosophy of the Found- and energies to many local community organi- day. ing Fathers. A military draft also appears to zations and Dale is frequently seen about the f contradict the constitutional prohibition of in- voluntary servitude. area lecturing to 4–H groups and farmers. NO—TO REVIVING MILITARY Mr. Speaker, Dale Sherfey’s achievements During the War of 1812, Daniel Webster CONSCRIPTION have also recently been rewarded by his com- eloquently made the case that a military draft munity through the Penrose Chamber. The was unconstitutional: ‘‘Where is it written in chamber named Dale the Penrose Chamber HON. RON PAUL the Constitution, in what article or section is it Distinguished Citizen of the Year, an award OF TEXAS contained that you may take children from given to an outstanding and well deserving in- IN THE HOUSE OF REPRESENTATIVES their parents, and parents from their children, dividual who has selflessly given of them- Wednesday, March 20, 2002 and compel them to fight the battles of any war, in which the folly or the wickedness of selves to directly benefit their community. It is Mr. PAUL. Mr. Speaker, I rise to introduce now my honor to congratulate Dale on his Government may engage it? Under what con- legislation expressing the sense of Congress cealment has this power lain hidden, which most recent and well-deserved award from that the United States government should not this organization by bringing his good deeds to now for the first time comes forth, with a tre- revive military conscription. Supporters of con- mendous and baleful aspect, to trample down the attention of this body of Congress, and scription have taken advantage of the events this nation. Dale, you have been a model cit- and destroy the dearest rights of personal lib- of September 11 to renew efforts to reinstate erty? Sir, I almost disdain to go to quotations izen for Penrose and Colorado and I extend the military draft. However, reviving the draft my thanks for your efforts. Keep up the good and references to prove that such an abomi- may actually weaken America’s military. Fur- nable doctrine had no foundation in the Con- work and good luck to you and your wife thermore, a military draft violates the very prin- stitution of the country. It is enough to know Kathy in your future endeavors. ciples of individual liberty this country was that the instrument was intended as the basis f founded upon. It is no exaggeration to state of a free government, and that the power con- CELEBRATING AS AFGHAN GIRLS that military conscription is better suited for a tended for is incompatible with any notion of RETURN TO SCHOOL totalitarian government, such as the recently personal liberty. An attempt to maintain this dethroned Taliban regime, than a free society. doctrine upon the provisions of the Constitu- HON. HILDA L. SOLIS Since military conscription ended over 30 tion is an exercise of perverse ingenuity to ex- years ago, voluntary armed services have suc- tract slavery from the substance of a free gov- OF CALIFORNIA cessfully fulfilled the military needs of the IN THE HOUSE OF REPRESENTATIVES ernment. It is an attempt to show, by proof United States. The recent success of the mili- and argument, that we ourselves are subjects Wednesday, March 20, 2002 tary campaign in Afghanistan once again dem- of despotism, and that we have a right to Ms. SOLIS. Mr. Speaker, I rise today to cel- onstrates the ability of the volunteer military to chains and bondage, firmly secured to us and ebrate the end of a five-year ban on girls at- respond to threats to the lives, liberty, and our children, by the provisions of our govern- tending school in Afghanistan. property of the people of the United States. ment.’’ On Saturday, for the first time since the op- A draft weakens the military by introducing Another eloquent opponent of the draft was pressive Taliban regime usurped control of Af- tensions and rivalries between those who vol- former President Ronald Reagan who in a ghanistan, young women will finally be able to unteer for military service and those who have 1979 column on conscription said: ‘‘... it return to the process of learning without fear been conscripted. This undermines the cohe- rests on the assumption that your kids belong of punishment, violence or even death. siveness of military units, which is a vital ele- to the state. If we buy that assumption then it It is fitting that we celebrate this new begin- ment of military effectiveness. Conscripts are is for the state—not for parents, the commu- ning today—March 21st, New Year’s Day in also unlikely to choose the military as a ca- nity, the religious institutions or teachers—to Afghanistan—for today is truly a new day for reer; thus, a draft will do little to address prob- decide who shall have what values and who this desert nation in central Asia. lems with retention. With today’s high-tech shall do what work, when, where and how in Today, home schools that were deemed ille- military, retention is the most important per- our society. That assumption isn’t a new one. gal under Taliban rule are moving out from be- sonnel issue and it seems counter-productive The Nazis thought it was a great idea.’’ neath the cloak of secrecy and into the light of to adopt any policy that will not address this President Reagan and Daniel Webster are legitimacy. important issue. not the only prominent Americans to oppose

VerDate 112000 03:39 Mar 22, 2002 Jkt 099060 PO 00000 Frm 00036 Fmt 0626 Sfmt 9920 E:\CR\FM\K20MR8.010 pfrm02 PsN: E21PT1 March 21, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E429 conscription. In fact, throughout American his- years of marital happiness and for a lifetime of of autistic children to be disturbed and upset tory the draft has been opposed by Americans loving and giving. I am confident their kind by her absence. She was with her class when from across the political spectrum, from Henry hearted generosity will continue to know no the tragic events of September 11th occurred, David Thoreau to Barry Goldwater to Bill Brad- bounds. and finally went to the emergency room fol- ley to Jesse Ventura. Organizations opposed f lowing the subsequent early closing of to conscription range from the American Civil schools. Mrs. Cardonick passed away in the Liberties Union to the United Methodist PAYING TRIBUTE TO JOE JESIK hospital the following day. Church General Board of Church and Society, Elaine Cardonick began teaching in 1964 and from the National Taxpayers Union to the HON. SCOTT McINNIS and was a special education teacher for most Conservative Caucus. Other major figures op- OF COLORADO of her long and distinguished career. Over the posing conscription include current Federal IN THE HOUSE OF REPRESENTATIVES course of thirty-seven years, she was an inspi- Reserve Chairman Alan Greenspan and Nobel ration to hundreds of young children who are Wednesday, March 20, 2002 Laureate Milton Friedman. challenged daily to achieve their best in school In conclusion, Mr. Speaker, I ask my col- Mr. McINNIS. Mr. Speaker, I would like to and in life. leagues to stand up for the long-term military take this opportunity to pay tribute to Mr. Joe Mrs. Cardonick’s actions in putting her stu- interests of the United States, individual lib- Jesik and recognize his contributions to this dents’ welfare before her own are a shining erty, and values of the Declaration of Inde- nation. A resident of Pueblo, Colorado, Joe example of what love and duty really mean. pendence by cosponsoring my sense of Con- began his service as a sailor during World She was an inspiration to the students and gress resolution opposing reinstatement of the War II when he joined the Navy and served in faculty at the Loesche Elementary School and military draft. the Pacific Theatre. During his tour, Joe was will be remembered as a hero. f stationed on the light cruiser USS Honolulu, On March 22, 2002, a plaque will be dedi- which was involved in numerous engagements cated by the faculty at the Loesche Elemen- A.D. AND SHIRLEY MCGREGOR: A and battles throughout the South Pacific. He tary School, in memory of Elaine Cardonick. GIFT OF LOVE AND GENEROSITY was recently awarded several decorations for Each year, the plaque will be engraved with his service over fifty years ago, and it is my the name of a ‘‘special’’ child who, despite HON. JAMES A. BARCIA pleasure to recognize his awards and service having a disability or handicap, made every ef- OF MICHIGAN before this body of Congress and this nation fort to achieve their best. This award was cre- IN THE HOUSE OF REPRESENTATIVES today. ated to commemorate the courage and deter- Wednesday, March 20, 2002 The USS Honololu was in involved numer- mination that Mrs. Cardonick exemplified Mr. BARCIA. Mr. Speaker, I rise today to ous engagements throughout the war and is throughout her career, and especially in Sep- honor a very special couple, A.D. and Shirley credited with the sinking of a Japanese cruis- tember of 2001. McGregor of Spaulding Township, Michigan, er, four destroyers, and four enemy aircraft. Elaine’ love and kindness touched the lives as they prepare to celebrate fifty years of mar- Joe’s exploits and service to his country were of so many: her students, her colleagues, and riage and a loving commitment to each other recently brought to light by his immediate fam- her family. She is survived by her husband, and their community. They have not only ily through a surprise ceremony attended by three children, and three grandchildren. She shared their tremendous capacity for love and almost two hundred relatives. At the cere- will be missed by all who knew her. Mr. Speaker, I salute Mrs. Elaine Cardonick giving with their son, Allen, his wife, Nancy, mony, Joe was presented with several long and the ideals she represented and inspired in and granddaughter, Nicole, but they have both overdue decorations for his service to his na- all of her students at the Loesche Elementary literally and figuratively played Santa Claus tion during the war. Among the decorations School in Philadelphia. and Mr. Claus for much of the citizenry of awarded at the ceremony are the Navy Good Saginaw County. Conduct Medal, the American Campaign f The list of the many volunteer organizations Medal, the World War II Victory Medal, the HONORING ANNE CONSIDINE FOR graced by the McGregors’ efforts over the Navy Presidential Unit Citation Ribbon, the TWENTY-FIVE YEARS OF SERV- years is long and impressive, including the Navy Unit Commendation Medal, and the Phil- ICE TO CYHA Michigan Avenue Baptist Church in Saginaw, ippine Presidential Unit Citation Ribbon. the Salvation Army, various rescue missions, Thanks to his loving family of twelve sons and HON. MICHAEL E. CAPUANO the Sagniaw County Historical Society, CROP daughters, and his dedicated wife Lucille, Joe OF MASSACHUSETTS Walk for the Hungry, the Saginaw Fair and a is now properly recognized by his nation for IN THE HOUSE OF REPRESENTATIVES host of other non-profits. his service to our armed forces and commit- Of particular note is their involvement with ment to his nation. Wednesday, March 20, 2002 Saginaw Community Hospital, where they Mr. Speaker, it is a great privilege that I rec- Mr. CAPUANO. Mr. Speaker, I rise today to have spent untold hours entertaining and help- ognize Joe Jesik and his selfless sacrifice to honor a very special person from my district. ing patients. Elderly patients and others have this nation. Many men and women of his gen- Special, because she embodies the character- derived much pleasure from the McGregors’ eration gave their lives long ago so that today istics of a special place. Anne Considine is an musical interludes, with A.D. leading the sing- we can enjoy the right and privilege of free- extra-ordinary person who has demonstrated along and Shirley at the piano playing ‘‘God dom. Joe Jesik served selflessly in a time of how an individual can impact their corner of Bless America’’ or ‘‘Let Me Call You Sweet- great need, bringing credit to himself, to his the world in very ordinary ways. Her corner of heart.’’ During the Christmas holiday season, family, and a grateful nation. It is an honor to the world is Charlestown, Massachusetts, the McGregors have become synonymous recognize the service of this veteran before where she is being honored this Saturday with the Yuletide spirit as they have donned this body of Congress today, as he certainly evening for her twenty-five years of dedicated red coats and white-furred hats to dress as deserves the thanks of this grateful nation. service to the Charlestown Youth Hockey As- Santa Claus and Mrs. Claus for visits to area Thanks Joe for your service, and good luck in sociation (CYHA). hospital and charitable events. your future endeavors. Plain and simple, Anne Considine is a Those familiar with volunteer work in Sagi- f ‘‘hockey mom’’. Long before the political pun- naw can hardly remember a time when the dits of the 1990’s realized the power soccer McGregors were not involved in one or an- HONORING ELAINE CARDONICK moms have in impacting political change, other activity. A.D. and Shirley have volun- Anne Considine was improving her community teered for various organizations since before HON. ROBERT A. BORSKI through youth hockey. Piling the children into they were married at Fordney Avenue Baptist OF PENNSYLVANIA the family car for early morning ice time is an Church in 1952. In fact, as a young girl, Shir- IN THE HOUSE OF REPRESENTATIVES expected duty of a hockey parent in Boston. ley used to accompany her father, Elmer Hop- However, twenty-five years ago in most fami- Wednesday, March 20, 2002 kins, when he sang and played the organ for lies, and in most neighborhoods, that would local organizations. Both A.D. and Shirley Mr. BORSKI. Mr. Speaker, I rise today in have been dad’s job alone. Long before learned at an early age that they had a re- honor of Elaine Cardonick, a devoted teacher women reached Olympic and World Cup glory sponsibility to return some of their blessings to who gave the last days of her life to her stu- through hockey and soccer, Anne Considine the wider community. dents at the Loesche Elementary School in was known as someone who could tighten a Mr. Speaker, I ask my colleagues to join me Northeast Philadelphia. Mrs. Cardonick, de- mean skate. Anne’s influence in her commu- in congratulating A.D. and Shirley for fifty spite being very ill, would not allow her class nity did not stop at the rink or at the doorstep

VerDate 112000 03:39 Mar 22, 2002 Jkt 099060 PO 00000 Frm 00037 Fmt 0626 Sfmt 9920 E:\CR\FM\A20MR8.122 pfrm02 PsN: E21PT1 E430 CONGRESSIONAL RECORD — Extensions of Remarks March 21, 2002 of her home at 10 Tufts Street in the Bunker the United States, which is now basing troops either ignored or roughly dispersed. The U.S. Hill Housing Projects. in the country and expects to be in the region Government, the OSCE and international Anne’s dedication to the neighborhood of for the foreseeable future. Despite attempts by human rights groups have called for Charlestown is well known throughout the some Kyrgyz officials to pin the blame on a Beknazarov’s release, but President Akaev, community. Anne’s passion for hockey, how- mob of demonstrators fired up by alcohol, the hiding behind the fig leaf of ‘‘executive non-in- ever, is what allowed her to reach out to her real cause of the bloody riot was popular dis- terference in judicial deliberations,’’ contends community and her neighbors as someone content with an unresponsive government that the case must be decided by the courts. whose opinions should be respected. As a reaching the boiling point. His position is an absurd pretense in a country CYHA coach, president and parent, there was Kyrgyz authorities have accused Mr. where the courts are under state influence, es- no one more tenacious on the bench or in the Beknazarov of improperly handling a murder pecially in sensitive political cases. More to boardroom. As tough a competitor as Anne case when he was an investigator in a district the point, this stance is simply no longer cred- could be at times, people dealing with her prosecutor’s office years ago. In fact, it is ible, considering the widespread belief that knew that she possessed a hockey attitude widely believed that Beknazarov’s real trans- Beknazarov’s imprisonment was politically mo- spurred from a mother’s love. This was a pas- gression was to suggest that Kyrgyzstan’s par- tivated and the public’s lack of confidence in sion not limited to just her children but was felt liament discuss the country’s border agree- the government’s good faith. by all the children of Charlestown Youth Hock- ment with China, which would transfer some Finally, pent-up tensions exploded two days ey. During Anne’s tenure with CYHA, her guid- territory from the tiny Central Asian state to its ago, when demonstrators and police clashed, ance was available to all the athletes regard- giant neighbor. with tragic consequences. Kyrgyz officials This is reflective of Akaev’s intensified ef- less of their ability to play or pay. Anne’s lead- have accused organizers of unauthorized pick- forts to consolidate his power while cracking ership resulted in the initiation of the Green ets and rallies of responsibility for the vio- down on dissent and opposition. In February Team, which allows youth that can not afford lence. In an address to the nation, President 2000, President Akaev rigged the parliamen- the ever-escalating costs of playing hockey to Akaev described the events as ‘‘an apparent tary election to keep his main rival—Felix realize a dream. To some of these kids just plot [in which] a group of people, including Kulov, who had served as Vice President and being able to take the ice as a youth is as big prominent politicians, staged unauthorized in other high-level positions—from winning a a hockey career to which they aspire. mass rallies simultaneously.’’ He said the seat in the legislature. The observation mis- Charlestown has seen many of its young events were ‘‘another move in the targeted ac- sion of the Organization for Security and Co- hockey players move on to compete at the tivities of opposition forces to destabilize the operation in Europe (OSCE) openly ques- high school and college level. Some are fortu- situation in the country. They have been en- tioned the results in Kulov’s district, and said nate enough to have enjoyed professional ca- gaged in these activities for the last few the election had fallen far short of international reers. Still others have won Olympic Gold. years.’’ These exceptional athletes were no more im- standards. Subsequently, Kulov was arrested portant to Anne than those whose careers and could not participate in the October 2000 Mr. Speaker, I would contend that the riots peaked at the youth level. Regardless of how presidential election, in which Akaev faced no in Jalal-Abad Region were the predictable out- far the skills developed at the Charlestown serious contenders and was easily re-elected. come of frustration and desperation. Askar rink took these young athletes, the lessons Kulov is serving a 7-year jail term and now Akaev, by falsifying elections and repressing learned from Anne Considine’s wisdom and faces new criminal charges. Amnesty Inter- freedom of expression, has made normal poli- caring went with them. Rinks and neighbor- national considers him a political prisoner. tics impossible in Kyrgyzstan. A long-suffering hoods from as far away as Chicago, St. Louis, Last December I chaired a hearing of the Hel- populace, which has seen its living standard Lake Placid, Peoria, Florida, Nashville, Cleve- sinki Commission which focused on the dete- plummet while corrupt officials grow rich, has land, Plattsburg and Hampton Roads, to name rioration of human rights in Kyrgyzstan. Mr. signaled that enough is enough. The authori- a few, have felt the influence of one woman’s Kulov’s wife was able to attend the hearing ties have heard the message and now have to love of hockey and her hometown. and offered her perspective on the current po- make a critical decision: either to try to find a Mr. Speaker, I leave here tonight proud to litical climate in her country. common language with society or to crack say that the next generation of Considine’s The independent and opposition media in down. If they choose the former, Kyrgyzstan can be found mucking it up in the corners at Kyrgyzstan have also been under severe pres- may yet realize its promise of the early 1990s; the Charlestown Rink. This is a tribute to sure, usually in the form of libel cases which if they choose the latter, more confrontations Anne’s lasting impact on youth hockey in official authorities use to fine newspapers out are likely, with unpredictable ramifications for Charlestown. On behalf of all the hockey play- of existence so they cannot report on corrup- Kyrgyzstan and its neighbors. ers in Charlestown—past, present, and fu- tion. In January 2002, the authorities issued The United States has a real stake in the ture—I want to thank Anne Considine for her Decree No. 20, which would introduce manda- outcome. We are in Central Asia to make sure years of dedication to the Charlestown Youth tory official inventory and government registra- terrorists cannot use the region to plan attacks Hockey Association. tion of all typographical and printing equip- on us or recruit new members. But all the re- f ment, while imposing stricter controls on its gion’s states are led by men determined to imports. Decree No. 20 would also threaten stay in power indefinitely. This means they KYRGYZSTAN’S RELEASE OF U.S. Government plans to establish an inde- cannot allow society to challenge the state, AZIMBEK BEKNAZAROV pendent printing press in Kyrgyzstan. Further- which, in turn, insures that discontented, im- more, the decree will be used against religious poverished people with no other outlets could HON. CHRISTOPHER H. SMITH groups, both Muslim and Christian, by block- well be attracted by radical ideologies. ing their ability to produce religious material OF NEW JERSEY We must make it plain to President Akaev IN THE HOUSE OF REPRESENTATIVES and by calling for an ‘‘auditing’’ of all religious communities that create publications. While that we are serious when we declare that our Wednesday, March 20, 2002 the pretext of the decree is to combat ‘‘reli- war on terrorism has not put democracy and Mr. SMITH of New Jersey. Mr. Speaker, gious extremists,’’ the decree has clear impli- human rights on the back burner. And we yesterday authorities in Kyrgyzstan released cations for religious communities out of favor must insist that he implement his OSCE com- Azimbek Beknazarov, a parliamentarian who with the government, as well as with opposi- mitments, as well as the pledge he made in had been in jail since January 5. The decision tion groups. The State Department has urged last month’s bilateral Memorandum of Under- was made after disturbances in the Ak-Su Dis- Kyrgyzstan to repeal Decree No. 20 but so far, standing with the United States. That docu- trict of Jalal-Abad, Mr. Beknazarov’s native re- Bishkek has stubbornly refused. ment obligates Kyrgyzstan to ‘‘confirm its com- gion in southern Kyrgyzstan. In an unprece- So when legislator Azimbek Beknazarov mitment to continue to take demonstrable dented outburst of violence on March 17, six was arrested on January 5, his colleagues in measures to strengthen the development of people were killed and scores wounded when parliament, members of opposition parties and democratic institutions and to respect basic police opened fire on demonstrators. Mr. human rights activists reacted strongly to the human and civil rights, among which are free- Beknazarov has pledged not to leave the area latest step in an ongoing campaign to clamp dom of speech and of the media, freedom of and his trial has been postponed indefinitely down on civil society. Since January, hun- association and public assembly, and freedom while the authorities and the public catch their dreds of people, including parliamentarians, of religion.’’ breath and reassess the situation. have gone on hunger strikes to demand his The events earlier this week have given us The incident and the events leading up to it release. Protests and demonstrations have a wake-up call. We had better understand are alarming—not only for Kyrgyzstan but for continued throughout, which the police have properly all its implications.

VerDate 112000 03:39 Mar 22, 2002 Jkt 099060 PO 00000 Frm 00038 Fmt 0626 Sfmt 0634 E:\CR\FM\A20MR8.125 pfrm02 PsN: E21PT1 March 21, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E431 AFGHAN GIRLS RETURN TO ning date of hospitalization or treatment, under served promotion to full Colonel in favor of SCHOOL current law (38 U.S.C. § 5111) the effective joining The Boeing Company as its first full date for payment purposes is delayed until the time liaison representative to the Congress. HON. BARBARA LEE first day of the month following the effective During his eight years with Boeing, Cliff con- OF CALIFORNIA date of the increased rating. tinued the fine legislative work he had begun IN THE HOUSE OF REPRESENTATIVES This provision deprives veterans of any in- with the Air Force and he became involved in crease in compensation to offset the total dis- many vital defense programs such as the Wednesday, March 20, 2002 ability during the first month in which tem- AWACS, the Airborne Command Post and the Ms. LEE. Mr. Speaker, I rise today to honor porary total disability occurs. This deprivation KC–135 re-engining program. a remarkable event that will be taking place and consequent delay in the payment of in- In 1979, Cliff began the General Electric this week in Afghanistan. For the first time in creased compensation often jeopardizes dis- Company chapter of his career, which has five years, Afghan girls will be allowed to en- abled veterans’ financial security and unfairly lasted twenty-three years. Cliff continued to roll in school without fear of the Taliban. causes them hardships. build on the legislative work he began during The collapse of the Taliban regime has en- The Hospitalized Veterans Financial Assist- his tenures with the Air Force and Boeing and abled the Afghan citizens to enjoy new per- ance Act of 2002 would allow for payment of was at the very center of the major defense sonal freedoms that were once forbidden. benefits in all hospitalization and convalescent issues of the day. Cliff distinguished himself Under the Taliban regime, women and girls claims to begin effective the first day of the with his role in the KC–135 re-engining pro- were not allowed to go to school to attain a month in which hospitalization or treatment be- gram and during ‘‘The Great Engine War’’ basic education. Many illegal schools were set gins. where GE competed, and won, a place for its up in private homes during the repressive re- Mr. Chairman, once again the nation’s sol- F110 engine on the F–16. American business gime because women and girls did not want to diers, sailors, airmen, and Marines are on for- schools now view ‘‘The Great Engine War’’ as give up their education. During this time, if any eign soil either engaged directly with an a classic case study on how defense procure- of these underground schools were discov- enemy or on alert to respond as necessary to ment should be done. ered, these women and girls wound up in jail, assure our citizens’ right to live in freedom. Now, after more than 50 years of dedicated were severely beaten, or sometimes even Let us in Congress assure these dedicated service to his country, the Congress and the killed. men and women that we will provide for those aerospace community, Cliff is about to retire This week marks a time for celebration. who bear today’s and tomorrow’s battles and from GE and will begin what is perhaps his Women and girls will no longer be threatened not force them to endure a financial hardship. most noble endeavor. Together with his wife, and harmed from pursuing their right to an President Abraham Lincoln said it best, Cecilia, Cliff has established a charitable foun- education. I celebrate with the Afghan women ‘‘. . . what is fairly due from us here, in the dation, ‘‘Children Come First,’’ that is dedi- and girls on their return to school and join my dispensing of patronage, towards the men cated to helping underprivileged children in colleagues in celebrating this momentous who, by fighting our battles, bear the chief bur- Peru. Those of us who have worked with Cliff event in empowering women around the then of saving our country . . . is that, other know that he will bring the same spirit and world. claims and qualifications being equal, they vigor that has exemplified his past under- f have the better right; and this is especially ap- takings to his foundation and that he will cer- plicable to the disabled soldier.’’ tainly continue to ‘‘Bring Good Things to Life’’ THE HOSPITALIZED VETERANS FI- f for underprivileged kids. NANCIAL ASSISTANCE ACT OF Mr. Speaker, I know I speak for all my col- 2002 TRIBUTE TO MR. CLIFFORD C. leagues in the House who have known and LAPLANTE worked with Cliff over the years when I say we HON. SUSAN DAVIS will miss him but wish him well in the next OF CALIFORNIA HON. NORMAN D. DICKS chapter of his fascinating career. IN THE HOUSE OF REPRESENTATIVES OF WASHINGTON f IN THE HOUSE OF REPRESENTATIVES Wednesday, March 20, 2002 HONORING OTTERBEIN COLLEGE, Mrs. DAVIS of California. Mr. Speaker, Wednesday, March 20, 2002 NCAA MEN’S DIVISION III NA- today I have the pleasure to introduce the Mr. DICKS. Mr. Speaker, I rise today to pay TIONAL CHAMPIONS Hospitalized Veterans Financial Assistance tribute to a longtime friend and a great Amer- Act of 2002 and thank my Veterans Affairs ican, Mr. Clifford C. LaPlante. Cliff is about to HON. PATRICK J. TIBERI Committee colleagues, Committee Ranking retire after more than 50 years of dedicated OF OHIO Member LANE EVANS, Benefits Subcommittee service to our country and to the defense and IN THE HOUSE OF REPRESENTATIVES Ranking Member SILVESTRE REYES, and fellow aerospace community. Benefits Subcommittee member CORRINE Born and raised in upstate New York, Cliff Wednesday, March 20, 2002 BROWN who have joined me on this important began his most distinguished career in the Mr. TIBERI. Mr. Speaker, while the big legislation. aeronautical arena with the U.S. Air Force dur- school college basketball championship is still I would also like to thank the authors of the ing the Korean War. An acquisition specialist, to be decided, we in Central Ohio are already Independent Budget who brought this critical Cliff dedicated himself to ensuring that Amer- celebrating the Otterbein College Cardinals’ issue to our attention. In short, current law ican forces were equipped with the most capa- victory in the NCAA Men’s Division III cham- subjects many hospitalized veterans to a fi- ble equipment that American industry could pionship game. The Cardinals came from 11 nancial hardship. Let me explain further. provide. As we hear in the media about the points behind in the second half to crush Eliz- An inequity exists in current law controlling critical roles of Air Force systems such as the abethtown 102–83 and bring the national title the beginning date for payment of increased C–5 Galaxy and the KC–135 aerial refueling home to Westerville, Ohio. compensation based on periods of incapacity fleet, I would point out to my colleagues that The victory topped a spectacular season for due to hospitalization or convalescence. Hos- these systems were developed and deployed Coach Dick Reynolds and his squad. The Car- pitalization in excess of 21 days for a service- under the watchful eye of Cliff LaPlante. dinals finished first in the tough Ohio Athletic connected disability entitles the veteran to a As an Air Force legislative affairs officer, Conference during the regular season, then temporary total disability rating. This rating is Cliff became well known to the members of won the conference tournament en route to an effective the first day of hospitalization and the Armed Services and Appropriations Com- overall 30–3 record. It’s a homegrown success continues to the last day of the month of hos- mittees. He quickly became an asset to mem- story too, with every player coming from the pital discharge. Similarly, where surgery for a bers and staff alike for his concise and timely Buckeye State and 11 of them from the Cen- service-connected disability necessitates at responses to the many questions that arose tral Ohio area. least I month’s convalescence or causes com- during consideration of Defense department Otterbein is no stranger to basketball suc- plications, or where immobilization of a major budget requests. The reputation Cliff devel- cess. The Cardinals’ title came in their third joint by cast is necessary, a temporary total oped as a trusted and admired member of the trip to the Final Four in Reynolds’ 30 years rating is awarded effective the date of hospital Air Force reflect great credit on himself as well with the program. admission or outpatient visit. as the U.S. Air Force. Their games weren’t on ESPN and you While the effective date of the temporary My personal association with Cliff began in won’t find them on your tournament bracket total disability rating corresponds to the begin- 1970 when Cliff decided to forego a much-de- sheet. But some of the best basketball in the

VerDate 112000 03:39 Mar 22, 2002 Jkt 099060 PO 00000 Frm 00039 Fmt 0626 Sfmt 9920 E:\CR\FM\A20MR8.128 pfrm02 PsN: E21PT1 E432 CONGRESSIONAL RECORD — Extensions of Remarks March 21, 2002 country is played on the Division III level. the hard work of the adult volunteers. This orders; and we should not create an unprece- We’re proud that Otterbein College, the best well-qualified team of volunteers works with dented exemption that would allow a gun traf- of the best, has brought a national title to Cen- the Council to organize and encourage the ficker to sell thousands of guns from his home tral Ohio. Scouts. Additionally, the support of the com- without conducting any background checks. f munity is integral to the Girl Scouts. Troop Considering the many recent tragedies and meetings take place in local schools, church- threats of violence we have had in our nations PERSONAL EXPLANATION es, and other community centers, and out- schools and the recent reports indicating that reach activities require the cooperation of the U.S. gun industry sold numerous guns to HON. CHRISTOPHER SHAYS community businesses and organizations. The members of Osama bin Laden’s ‘‘al Qaida’’ OF CONNECTICUT strength of these relationships is visible in terrorist network, the importance of enacting IN THE HOUSE OF REPRESENTATIVES Southeastern Wisconsin. The adult members, legislation that will promote a more secure na- Wednesday, March 20, 2002 businesses, and organizations work together tion can not be overstated. to open doors for young women to learn and It’s time for smarter, better gun safety pre- Mr. SHAYS. Mr. Speaker, on March 19, I expand their horizons. vention and enforcement. The bill we are intro- was in Florida participating in my close friend For 90 years, Girl Scouts has empowered ducing today will move us in that direction, I Ted Winpenny’s wedding as his best man and girls with the values and skills it takes to be- am hopeful that Congress will move quickly to therefore, missed four recorded votes. come the next generation of leaders. The Girl enact this worthwhile and timely legislation. I take my voting responsibility very seriously Scout Council of Kenosha County, the Girl f and would like the CONGRESSIONAL RECORD to Scouts of Badger Council, and the Girl Scouts reflect that, had I been present, I would have of Racine County, like Councils all over the HONORING P.J. CORR voted yes on recorded vote number 65, yes world, are helping girls to grow strong and on recorded vote number 66, yes on recorded build the necessary foundation to be success- HON. JOSEPH CROWLEY vote number 67, and yes on recorded vote 68. ful in all they do. It is with admiration that I OF NEW YORK f congratulate the Girl Scouts and all who sup- IN THE HOUSE OF REPRESENTATIVES port them on the first 90 years of remarkable CONGRATULATING THE GIRL Wednesday, March 20, 2002 service, and with enthusiasm that I wish them SCOUTS OF THE U.S.A. ON ITS all the best on the next 90 years. Mr. CROWLEY. Mr. Speaker, I rise today to 90TH ANNIVERSARY honor P.J. Corr. Mr. Corr will be recognized f on Saturday, March 23rd for his many HON. PAUL RYAN INTRODUCTION OF THE ‘‘GUN achievements, and for his years of loyalty to OF WISCONSIN SHOW BACKGROUND CHECK ACT the Cavan P&B Association. IN THE HOUSE OF REPRESENTATIVES of 2002’’ P.J. Corr was born in the parish of Mullahoran in Ireland. He is the eldest son of Wednesday, March 20, 2002 HON. JOHN CONYERS, JR. the late Patrick Corr and Cecilia Corr, nee Mr. RYAN of Wisconsin. Mr. Speaker, this OF MICHIGAN Lynch. They were the proud parents of four month the Girl Scouts of the U.S.A. (GSUSA) IN THE HOUSE OF REPRESENTATIVES children, P.J., Thomas (deceased), Peter who is celebrating its 90th anniversary. Addition- lives in England and Nuala who resides in ally, the Girl Scout Council of Kenosha County Wednesday, March 20, 2002 Dublin. is celebrating its 80th anniversary. I would like Mr. CONYERS. Mr. Speaker, today I am in- Mr. Corr completed his formal education at to recognize the accomplishments of the Girl troducing the ‘‘Gun Show Background Check Loungduff National School and was later em- Scouts in Wisconsin’s First Congressional Dis- Act of 2002’’, legislation designed to close the ployed in Dublin by James Caffrey of Jervis trict: the Girl Scout council of Kenosha Coun- loophole in federal gun laws which allow crimi- Street, a well-known Cavan man. After four ty, the Girl Scouts of Badger Council, and the nals to buy firearms at gun shows. I am years in Dublin, Mr. Corr immigrated to New Girl Scouts of Racine County. Joined by Representatives FRANK, BERMAN, York where he found employment for eight Juliette Gordon Low believed girls needed a NADLER, LOFGREN, WATERS, MEEHAN, years in the A&P Supermarket. supportive community for girls and young DELAHUNT, WEINER, ACKERMAN, ANDREWS, In late 1957, Mr. Corr joined the fighting women to develop physically, mentally, and BROWN, CLAY, CROWLEY, CUMMINGS, DAVIS 69th Regiment serving on active duty for six spiritually. On March 12, 1912, Ms. Low as- (IL), DEGETTE, HASTINGS (FL), JACKSON (IL), months and the reserves for eight years, sembled twelve girls in Savanna, Georgia, for KILPATRICK, LEE, MARKEY, SCHAKOWSKY, and eventually reaching the rank of Company Ser- the first Girl Scout meeting. The idea spread WEXLER. geant. In 1965, Corr went to work for Danny quickly. In 1918, six years after that inaugural As you know, under current law federal fire- Brady, also a Cavan man. After two years, he meeting, Kenosha County organized its first arms licensees are required to maintain care- joined the staff of Killarney Rose and re- meetings and joined the Girl Scout movement. ful records of their sales, and under the Brady mained there for twenty years. After working in Four years later, in 1922, the Girl Scouts of Act, to check the purchaser’s background with the financial district, he moved on to the res- the U.S.A. awarded the Girl Scout Council of the National Instant Criminal Background taurant business, working as a manager at the Kenosha County its official charter. Check System (NICS) before transferring any Greentree Restaurant for fifteen years. The Girl Scout Law, on which the Girl Scout firearm. However, a person does not need a In addition, Mr. Corr is very socially in- mission rests, encourages all girls to uphold federal firearms license—and the Brady Act volved. He has been a member of the Cavan values such as honesty, fairness, and respon- does not apply—if the person is not ‘‘engaged P&B Association for the last forty years and sibility, while developing respect and compas- in the business’’ of selling firearms pursuant to was the President of the football club from sion for the world around them. Girl Scouts federal law. My bill corrects these deficiencies 1985 to 1987. An ardent golfer, Corr is also a continue to build on this foundation by adopt- by (1) requiring background checks for all fire- member of the Cavan Golf Club. He presently ing the practice of these values to the contem- arms sales at gun shows, (2) defining gun serves as the President of the Mullahoran So- porary issues facing girls today. shows to include any event at which 50 or cial Club, and is a member of clubs such as In contrast to those first twelve Scouts 90 more firearms are offered or exhibited for sale the Irish American Society of Nassau, Suffolk years ago, Girl Scouts today is comprised of and (3) by improving firearm tracing meas- and Queens, the Greenville Irish American over 2.7 million girls and 900,000 adult volun- ures—in the event that a firearm becomes the Club, the Michael J. Quill Irish Culture Center teers in the U.S. Globally, that number tops 10 subject of a law enforcement investigation. in East Durham and the Ancient Order of Hi- million members in over 140 countries. Cur- I do not believe we can close a loophole by bernians Division 9 Bronx County. rently, the Girl Scout Council of Kenosha opening a dozen more. We should not weaken On a more personal note, Corr met the County proudly maintains an active member- the Brady law by shortening background lovely Kathleen McGovern from Blacklion ship of 3200 Scouts. To put that in perspec- checks to 24 hours—thereby allowing more West Cavan in 1959. In 1963, the couple was tive, one in nine girls are involved in Girl than 2,200 additional felons, fugitives and married. Together, they have three children; Scouting nationwide, while in Kenosha Coun- stalkers to purchase guns in an 18 month pe- Patrick, who is one of the New York’s Bravest, ty, one in every five girls is a Girl Scout. riod; we should not allow states to limit the Thomas, a member of 32BJ and Noreen who Girl Scouts depends on its volunteers and search of individual records to ‘‘disposition in- is married to NYPD Sergeant Gerry Dowling. its community. As with all Girl Scout Councils, formation’’—which, as you may know, ex- In 1992, Kathleen passed away, God rest her the secret behind the success of Scouting is cludes mental health records and restraining soul.

VerDate 112000 03:39 Mar 22, 2002 Jkt 099060 PO 00000 Frm 00040 Fmt 0626 Sfmt 9920 E:\CR\FM\A20MR8.131 pfrm02 PsN: E21PT1 March 21, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E433 Mr. Speaker, please join me and the many munities to stand against the terrorist attacks more effectively to the shortage of long term friends, family and colleagues of P.J. Corr in and the attacks on the community. I saw not care workers and to the needs of their resi- commending P.J. Corr for his lifetime of serv- only overwhelming sadness, but the fear of vi- dents. Unfortunately, current law prevents ice to this nation, his community and his fam- olence on the faces of those walking with me. nursing facilities from training nurses aides on ily. We look forward to his continued leader- Members of my community and the district site for a full two years after the original prob- ship and inspiration in the years to come and that I represent were afraid to send their chil- lem that led to the prohibition on training is we wish him continued happiness and suc- dren to school. They did not want to leave remedied. This penalty is highly counter- cess. their homes even to go grocery shopping. But productive. It does not serve the interests of f I also saw the commitment from community residents and hinders rather than enhances members to combat bigotry and racism. the provision of quality care. HONORING UNITED NATIONS Those who commit hate crimes perpetuate Flexibility and Innovation. The legislation INTERNATIONAL DAY FOR THE the sense of terror in our communities and un- would allow for an eight state survey and cer- ELIMINATION OF RACIAL DIS- dermine the ideals of our nation. This is why tification waiver demonstration program so CRIMINATION it is so important that hate crimes be recog- states can adopt innovative regulatory process nized for what they are and punished accord- for nursing homes that focus on improving HON. JANICE D. SCHAKOWSKY ingly. These crimes not only devastate victims resident outcomes. Sates should work to- gether with consumers, providers, labor rep- OF ILLINOIS and their family and friends, but they dev- resentatives and other involved parties to craft IN THE HOUSE OF REPRESENTATIVES astate the community to which the victim be- longs. This community becomes stricken with innovative systems that can improve the qual- Wednesday, March 20, 2002 ity of care. For example in the state of Wash- grief as well as the fear that they could be ington there is broad support among all key Ms. SCHAKOWSKY. Mr. Speaker, I rise to next. The violence inflicted on those based stakeholders for such a waiver, and I believe honor the United Nations International Day for solely on skin color or religion violates the other states would come forward with valuable the Elimination of Racial Discrimination. As the very essence of what our nation is about. Our waiver applications if such a process were world celebrates this day, we must reflect and country represents tolerance and acceptance. available. In addition, states would be given take action against the existing discrimination We must pass the Local Law Enforcement some narrow additional discretion to work and hate within our borders. Since the terrorist Hate Crimes Prevention Act. I am proud to within the current enforcement process to attacks on September 11th, thousands of as- represent one of the most diverse districts in avoid any unintended consequences of current saults have been reported across the country the nation and I will work to protect and honor law which could harm resident quality of life. on people of South Asian, Arab, Muslim, Sikh, the civil rights of all our people, without any Establish incentives and additional opportu- and Jewish backgrounds. By October 11th, exceptions. the Arab Anti-Discrimination Committee had nities for technical assistance to help all facili- f already collected more than 700 reports of ties improve the quality of care. The legislation hate crimes in the month following September INTRODUCTION OF THE MEDICARE would establish a range of incentives to en- 11th. People have been physically and ver- AND MEDICAID NURSING FACIL- courage nursing homes that are providing the bally attacked, others shot and killed, temples ITY QUALITY IMPROVEMENT best possible care to exceed their already high were firebombed, and houses were vandal- ACT OF 2002 standards, while facilitating the provision of ized. Innocent Americans, touched by the dev- technical assistance and advice on best prac- astation of September 11th like the rest of us, HON. DAVE CAMP tices to facilities that need to improve care for must not be singled out for hate just because residents. Such measures will help both good OF MICHIGAN facilities to implement even more effective of their skin color or religious beliefs. IN THE HOUSE OF REPRESENTATIVES We in Congress condemn this hate and vio- care practices and assist those that face chal- lence. But we must do more. It is time to take Wednesday, March 20, 2002 lenges in their efforts to provide excellent services. Current law provides many penalties the next step and strengthen our current laws Mr. CAMP. Mr. Speaker, today I introduce to deter and punish those who provide low to protect victims who are chosen because of the Medicare and Medicaid Nursing Facility quality care but strangely absent are incen- their gender, sexual orientation, race, religion, Quality Improvement Act of 2002. tives for the overwhelming majority of respon- or disability. It is our duty. It is especially im- This session, legislation has been intro- sible nursing facilities to improve the quality of portant that our children learn that hate crimes duced on numerous important long term care care. will not be tolerated. This is why we must pass issues ranging from criminal background Insure fair and accurate survey results. H.R. 1343, The Local Law Enforcement Hate checks for nursing home staff to additional Residents, families and health care providers Crimes Prevention Act of 2001, which would funding for the Medicaid program that provides are best served if all disputes concerning sur- elevate the status of hate crimes within federal the lion’s share of financing for long term care. veys of long term care facilities can be re- law and ensure that state governments and A variety of other financing and regulatory pro- solved quickly and cost-effectively through an local police have the tools needed to fight and posals have been introduced or are being dis- independent review process. In fact, in my prosecute these crimes. This bill would not cussed. This gives us an important opportunity home state of Michigan providers and regu- take away the ability of state and local authori- to discuss a broad range of options intended lators are able to resolve many disputes ties to continue prosecuting most hate crimes. to improve the quality of care provided to resi- through an independent dispute resolution It would allow federal officials to assist over- dents in long term care facilities. Today, I am process. Unfortunately, in many states the stretched states and local officials investigate introducing legislation that would improve the process is not independent enough of the and prosecute these crimes. It would also pro- quality of care in our nations nursing homes state regulatory agency to provide for fair and vide states and localities with grants designed where thousands of our most frail and elderly impartial review. Our independent process in to combat hate crimes committed by juveniles. seniors live. It is my hope that these provi- Michigan, as well as the independent systems Sadly, the prevalence of hate crimes goes sions perhaps combined with other valuable in several other states can offer many lessons beyond the backlash from September 11th. proposals can be enacted into law. for the nation. Michigan also believes addi- The Southern Poverty Law Center estimates My legislation will provide incentives for the tional steps are needed to insure that all cita- that last year alone, over 50,000 hate crimes best facilities to improve and give facilities ex- tions, even those that do not result in the im- took place. In the summer of 1999, the Mid- periencing quality of care issues additional op- mediate imposition of a penalty, can be sub- west, including my district in Illinois, was portunities provide better care for residents. I ject to an appeal. Basic fairness and the prin- rocked by the killing spree of Benjamin Na- believe the changes will also focus regulatory ciples of due process require us to allow nurs- thaniel Smith. A follower of the World Church efforts on improving outcomes, fostering inno- ing facilities to appeal all publicly reported de- of the Creator, Benjamin Smith killed Ricky vation and ensuring that the federal and state ficiencies. Byrdsong, an outstanding role model in the oversight system is more fair and accurate, to Ensure proper medical care. The legislation community and a constituent, and Won Joon the benefit of residents and providers alike. would prevent government inspectors from Yoon, a student at Indiana University. The This legislation would: overturning the orders of patient’s own physi- Jewish Community in my district was also as- Alleviate the shortage of well-trained staff. cians. Inspectors are charged with evaluating saulted on the Sabbath with rounds of gunfire. The legislation would restore the ability of the medical condition of nursing home patients The weekend after the September 11th at- more facilities to train nurses aides in order to and for making sure nursing facilities provide tacks, I marched in solidarity with the South help hundreds of facilities in Michigan as well the best possible care. However some inspec- Asian, Arab, Muslim, Sikh, and Jewish com- as many others across the nation respond tors, even though they are not physicians,

VerDate 112000 03:39 Mar 22, 2002 Jkt 099060 PO 00000 Frm 00041 Fmt 0626 Sfmt 9920 E:\CR\FM\A20MR8.135 pfrm02 PsN: E21PT1 E434 CONGRESSIONAL RECORD — Extensions of Remarks March 21, 2002 overturn doctor’s orders. The changes could Dayton; Jana Schroeder, Dayton; Ramona Greece declared its independence from the endanger a resident’s health. Patients do not Nash, Dublin; Marion Kim, East Canton; occupying Ottoman Empire. On March 25, lose the right to the care prescribed by a per- Sarah Ile, Eaton; Joan Slonczewski, 1821, the Greeks rose against the tyranny sonal physician simply because they have en- Gambier; Margaret Banning, Gambier; Susan Klein, Girard; William Nichols, Granville; with an overwhelming conviction to defeat an tered a nursing facility. When government in- Mike Pesa, Kent; Russell Andrews, Jr., Kent; overpowering foe. After 400 years of lingering spectors substitute their judgment for that of a Brad Clinehens, Maplewood; Michall Zabib, repression and oppression, the brave elected physician, nursing home providers must Massillom; Susan Mcgarvey, Nashport; Jane to take a stand and fight for valued liberty and choose between the doctor’s orders and gov- McCullam, Newbury; independence. Ultimately, freedom prevailed. ernment sanctions. An efficient and fair sys- Diana Roose, Oberlin; Sadie Taylor, Since September 11, Greece has joined our tem requires that without fear of punishment, Oberlin; Richard Taylor, Oberlin; Geraldine effort to fight terrorism and bring those respon- nursing home providers be allowed to follow a S. McNabb, Oberlin; Ryan Van Lenning, Ox- sible for that heinous act to justice. We share doctor’s orders in keeping with the best inter- ford; Patrick G. Coy, Peninsula; Erin Nash, the common goal of deterring future terrorist Shade; Lydia Kuttab Brenneman, St. Marys; est of their residents. Optimal quality care Donna Schall, Stow; Sharon Havelak, Syl- acts. Although it is and will be a difficult fight, means that patients should enter nursing vania; Matthew Wallace, Toledo; Nandor unity and alliance with Greece is one of the homes with the assurance that the care pre- Szentkiralyi, Toledo; Robert Gibson, Warren; keys to our ultimate victory. scribed by their physician is the care they will Elizabeth Gibson, Warren; Heather Brutz, The war of independence that Greece receive. Warrensville Heights; Kyle Kunst, Wooster; fought, and ultimately won, reminds us today I hope this legislation fosters a constructive Rev. Richard Judy, Youngstown. that independence and liberty do not come debate over the best ways to improve care for STATE BREAKDOWN without cost. We look to these shared values residents and that involved stakeholders can Alaska—8, to help us endure these trying times. come together to reach consensus on the Alabama—8, Madam Speaker, we as Americans are in- need for changes in the current system. I am Arkansas—3, spired by the Greek people and recognize the pleased that already the Michigan Association Arizona—49, struggles they have overcome to attain inde- of Homes and Services for the Aging, the California—236, Colorado—73, pendence. I congratulate them on 181 years American Association of Homes and Services Connecticut—34, of freedom. for the Aging, Lutheran Services in America, District of Columbia—20, f the Council for Health and Human Service Delaware—5, Ministries of the United Church of Christ and Florida—66, A PROCLAMATION HONORING the Catholic Health Association support this Georgia—26, WILLIAM CROWE legislation. I appreciate the input I have re- Hawaii—4, ceived from others as well and look forward to Idaho—8, HON. ROBERT W. NEY Illinois—115, working with other key stakeholders in long Indiana—32, OF OHIO term care and interested members of Con- Iowa—39, IN THE HOUSE OF REPRESENTATIVES gress. As Congress considers further improve- Kansas—11, Wednesday, March 20, 2002 ments to the Medicare program, I urge my col- Kentucky—13, leagues to support this important effort. Louisiana—7, Mr. NEY. Mr. Speaker, whereas, William Maine—20, Crowe has received the Excellence in Edu- f Maryland—74, cation award from the North Central Associa- RECOGNIZING THE MANY INDIVID- Massachusetts—160, tion of Colleges and Schools; and UALS WHO HAVE SIGNED A Michigan—61, Whereas, William Crowe has been with ‘‘PEACE PLEDGE’’ TO STOP THE Minnesota—38, Buckeye Local High School for 29 years; and SPREAD OF WAR TO IRAQ Mississippi—2, Whereas, William Crowe has worked to Missouri—46, Montana—7, bring the joy of learning into the lives of his HON. DENNIS J. KUCINICH North Carolina—86, students; and OF OHIO North Carolina, Whereas, William Crowe must be com- IN THE HOUSE OF REPRESENTATIVES North Dakota, mended for his service to the community, tak- Nebraska—12, ing on numerous leadership roles for the bet- Wednesday, March 20, 2002 New Hampshire—30, terment all; Mr. KUCINICH. Mr. Speaker, more than New Jersey—62, Therefore, I join with the residents of the en- 3,000 individuals from 40 countries and 48 New Mexico—18, tire 18th Congressional District in recognizing Nevada—9, states have signed the Campaign of Con- William Crowe as a recipient of the 2002 Ex- science Peace Pledge. ‘‘I support peace for New York—214, Ohio—91, cellence in Education Award. Iraq. I grant permission to use my name and Oklahoma—7, f city publicly as an opponent of the ongoing Oregon—32, economic and bombing war on Iraq, and of Pennsylvania—213, RECOGNIZING THE USS ‘‘RALPH any escalation of that war.’’ This Peace Puerto Rico—1, TALBOT’’ FOR EXEMPLARY Pledge has been endorsed by the American Rhode Island—18, SERVICE Friends Service Committee, Arab-American South Carolina—9, Anti-Discrimination Committee, Episcopal South Dakota—4, Tennessee—11, HON. PAUL RYAN Peace Fellowship, Education for Peace in Iraq Texas—74, OF WISCONSIN Center, Fellowship of Reconciliation, Lutheran Utah—4, IN THE HOUSE OF REPRESENTATIVES Peace Fellowship, Voices in the Wilderness, Virginia—35, Wednesday, March 20, 2002 and Washington Physicians for Social Re- Vermont—20, sponsibility. Washington—402, Mr. RYAN of Wisconsin. Mr. Speaker, I A state breakdown of signatories is below Wisconsin—56, would like to take the time to recognize the with a representative sample from Ohio. West Virginia—1, meritorious service of the destroyer USS Unspecified—92. Priscilla Smith, Akron; Helen Thompson, Ralph Talbot during World War II. Akron; Gary Blaine, Akron; Sara Cutlip, f Mr. Frank Urbanowicz, who lives in Janes- Akron; Tom Gentry, Jr., Akron; John How- ville, Wisconsin, has worked tirelessly to es- ell, Athens; Lynda Nyce, Bluffton; Jean GREEK INDEPENDENCE DAY tablish formal recognition of the destroyer’s Temple, Brunswick; Amy Spangler, Chil- actions through the Presidential Unit Citation. licothe; William Joiner, Cincinnati; Cynthia SPEECH OF While the Navy has not acted, I would like to Maxey, Cleveland; Patti Flanagin, Cleveland HON. JERRY LEWIS share with you a brief history of the destroyer Heights; Brenda Joyner, Cleveland Heights; OF CALIFORNIA and the significance of its actions. Francis Chiappa, Cleveland Hts.; Mark Early in her career, the USS Ralph Talbot Chupp, Cleveland Hts.; Melissa Bragg, Co- IN THE HOUSE OF REPRESENTATIVES entered World War II during the attack on lumbus; Connie Hammond, Columbus; Mor- Tuesday, March 19, 2002 ton Saunders, Jr., Copley; Pearl Harbor. The destroyer reacted imme- Nathan Ruggles, Cuyahoga Falls; Robert Mr. LEWIS of California. Madam Speaker, diately, retaliating with gunfire and later patrol- Williams, Cuyahoga Falls; Christina Irene, March 25, 2002, marks 181 years since ling the area in search of enemy submarines.

VerDate 112000 03:39 Mar 22, 2002 Jkt 099060 PO 00000 Frm 00042 Fmt 0626 Sfmt 9920 E:\CR\FM\A20MR8.138 pfrm02 PsN: E21PT1 March 21, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E435 As the war in the Pacific intensified in 1942, THE SOCIAL SECURITY BENEFIT Aide at what was then Greenpoint Hospital. the USS Ralph Talbot found herself near the ENHANCEMENTS FOR WOMEN She quickly decided that the caring and sensi- Soloman Islands where, at Savo Island, the ACT OF 2002 tivity to the pain and suffering of the patients destroyer engaged in a heated exchange of affected her too personally so she decided not gunfire with the enemy that left the ship badly HON. ROBERT T. MATSUI to continue in the health field. She imme- damaged. OF CALIFORNIA diately decided to refocus her studies. After After repairs the USS Ralph Talbot reen- IN THE HOUSE OF REPRESENTATIVES taking business and computer courses at tered the conflict in 1943, taking an active role LaGuardia Community College, she obtained in late June and July with the New Georgia Wednesday, March 20, 2002 employment at Community Board No. 5 in campaign in the Soloman Islands. Her vital ac- Mr. MATSUI. Mr. Speaker, I am pleased to Brooklyn. She currently serves as Assistant to tions include rescuing 300 survivors from the join with the Chairman of the Social Security the District Manager. downed ship USS McCawley, providing cover Subcommittee, Mr. SHAW, in introducing this Her tireless energy and sincere concern for to landing troops, and bombing enemy-held bill aimed at making improvements in benefits the well being and improvement of those areas. These engagements had prompted a for women under the current Social Security whom she serves so willingly and graciously is recommendation for the Presidential Unit Cita- system. commendable. Terry is extremely proud to be tion by Commander Destroyer Squadron In order to maintain fiscal responsibility, we a member of the National Council of Negro Twelve. were limited in the number and scope of the Women as well as the Women’s Caucus. She The USS Ralph Talbot continued patrol and improvements we were able to make. How- is a member of St. Claire’s Roman Catholic escort duties in the region, as well as landing ever, the disabled widows, divorced retirees, Church. She is married to Von R. Hunt, a cover. In 1945, the destroyer commenced du- and widows whose husbands died shortly after former professional musician. She is the moth- ties near Japan, facing difficulty early on with retirement who are affected by these improve- er of two children, Delina and Gregory and the a kamikaze attack that again brought consid- ments will certainly benefit from these proud grandmother of Jenille, Gregory Jr., erable damage. The attack, though, failed to changes. Obassi and Basaar. dampen the resolve of the USS Ralph Talbot Equally important as the benefit changes Mr. Speaker, Teresa Johnson-Hunt has tire- and her crew. She went on to continue patrol- themselves, however, is what this bill symbol- less energy and sincere concern for the well- ling and escorting for the remainder of the izes. It shows the importance of maintaining being and improvement of the community and war. Following the war, the destroyer was and preserving the defined-benefit Social Se- its residents. As such, she is more than wor- used in atomic tests that ultimately led to her curity system we have today. It shows how we thy of receiving this recognition today and I decommission, thus ending a career that are able to improve the fortunes of needy urge my colleagues to join me in honoring this earned 12 battle stars during World War II. beneficiaries by building on the existing struc- truly hard working woman. I share this with you in the hope that we ture of the Social Security system. And it f may honor the dedication and fearless service shows how the two parties are able to work of the USS Ralph Talbot and her crew. The together once they agree on the goal: to put MUSIC LEGEND PAT BOONE efforts of this destroyer played a vital role in aside Social Security privatization and instead one of the most decisive times in our modern improve Social Security’s guaranteed, lifelong, HON. ZACH WAMP history. secure benefits. OF TENNESSEE Mr. Speaker, for these reasons, I commend I look forward to the swift adoption of these IN THE HOUSE OF REPRESENTATIVES the service of the USS Ralph Talbot and be- important benefit enhancements. Wednesday, March 20, 2002 lieve we can all look to her with appreciation f and gratitude. Mr. WAMP. Mr. Speaker, I ask my col- IN HONOR OF TERESA JOHNSON- leagues to join me in honoring a man, who f HUNT has entertained millions in song and dance for more than two generations while giving of him- INTRODUCTION OF DUTY self to help people in need all across the SUSPENSION BILL HON. EDOLPHUS TOWNS OF NEW YORK country. IN THE HOUSE OF REPRESENTATIVES Pat Boone, a direct descendant of pioneer HON. BOB ETHERIDGE Daniel Boone, was the second most popular Wednesday, March 20, 2002 OF NORTH CAROLINA singer of the late 50s behind Elvis Presley and IN THE HOUSE OF REPRESENTATIVES Mr. TOWNS. Mr. Speaker, I rise in honor of sold more than 45 million records. He is Teresa Johnson-Hunt in recognition of her tire- ranked as the No. 10 singles artist of all time, Wednesday, March 20, 2002 less energy and passionate commitment to with a repertoire that exceeds those of Aretha Mr. ETHERIDGE. Mr. Speaker, I rise today her community. Franklin, Billy Joel and Frank Sinatra. He also to introduce legislation to suspend the duty im- Teresa, affectionately called ‘‘Terry’’, is the managed to finish his college degree, grad- posed on an ingredient used to develop prod- third oldest of seven children born to the late uating magna cum laude from Columbia Uni- ucts used by North Carolina farmers. Nathaniel and Louise Haywood Johnson of versity in New York City in 1958. Glufosinate-ammonium is the active ingredient Panama. She came to New York in the early He was born Charles Eugene Boone in used in two key herbicides, Liberty and Rely. sixties to pursue a career as a Fashion De- 1934 in Jacksonville, Florida, and moved with Liberty is used to control weeds, particularly signer. She graduated from the Mayer School his family to Tennessee in 1936. Boone grew by corn and soybean growers. Rely controls of Fashion Design and the Fashion Institute in up in the Nashville, Tennessee area, where he nutrient and water robbing weeds and grass New York City. began singing in public at the age of 10. While that plague apple, grape and tree nut growers. She was employed as an Assistant Fashion still in his teens, he married Shirley Foley in Glufosinate-ammonium is the major cost Designer for twelve years at several prominent 1953, the daughter of country star Red Foley. component in the production of these herbi- fashion houses in the ‘‘Fashion District’’. Her Their marriage has endured to this day and cides, and the manufacturer of this ingredient career took her to many interesting places and they have four daughters: Cherry, Lindy, will be suspending production for more than a gave her the chance to meet many influential Debby and Laury. year to retool its production facilities. Sus- people. One of her most memorable moments The following year in 1954, Boone recorded pending the duty on this ingredient, currently was her assignment to design costumes for a his first of four singles for the Republic label assessed a tariff of 3.7%, will allow for in- group of performers for the New York Metro- in Nashville and appeared on Arthur Godfrey’s creased importation of Glufosinate-ammonium politan Opera. Talent Scouts and Ted Mack’s Amateur Hour, so that production of these important herbi- Her professional accomplishments, include winning both. A short while later Boone was cides will not be interrupted. a certificate in Word Processing from Brooklyn signed to the Dot label, one that he would stay I have been informed that there are no U.S. College and a certificate in Health Administra- with throughout his run on the charts from producers of Glufosinate-ammonium so the bill tion from the City of New York of New York’s 1955 to 1962. His first top-40 song on the Bill- should receive approval by the U.S. Inter- Health Services Administration. After attending board pop charts was Two Hearts, a cover of national Trade Commission. I urge the Ways LaGuardia Community College, she decided to an R&B hit for The Charms, which went to No. and Means Committee to act on my legislation change careers and enter the field of 16 for Pat in 1955. when it considers the next miscellaneous tariff healthcare. She started this new chapter in Boone projected a smooth style and a bill in the coming months. her life by volunteering as an EKG Technical clean-cut, wholesome all-American image. His

VerDate 112000 03:39 Mar 22, 2002 Jkt 099060 PO 00000 Frm 00043 Fmt 0626 Sfmt 9920 E:\CR\FM\A20MR8.143 pfrm02 PsN: E21PT1 E436 CONGRESSIONAL RECORD — Extensions of Remarks March 21, 2002 next offering was a cover of Fats Domino’s IN HONOR OF PASTOR PAULINE mittee for Relations with Religious Organiza- Ain’t That A Shame, a song that propelled WILLIAMS GRIFFIN tions, headed by Chairman Rafik Aliev poten- both Fats and Boone to stardom. He followed tially violates Azerbaijan’s commitments to reli- with a cover version of El Dorados’ At My HON. EDOLPHUS TOWNS gious freedom as a participating State in the Front Door, which quickly became his second OF NEW YORK Organization for Security and Cooperation in Europe (OSCE). Azerbaijan must take steps record to teach the Top Ten. IN THE HOUSE OF REPRESENTATIVES commensurate with its commitments under the Boone had his own way of doing R&B Wednesday, March 20, 2002 Helsinki Final Act and subsequent OSCE doc- songs. His formula worked and his records Mr. TOWNS. Mr. Speaker, I rise in honor of uments to ensure the freedom of the individual sold well. He took on Little Richard, recording Pastor Pauline Williams Griffin in recognition to profess and practice their religion or belief, Tutti Frutti and Long Tall Sally, both of which of her work as a leader in the Church of God alone or in community with others. he made into big hits. By 1957 Boone’s popu- in Christ Jesus, an educator, a counselor, The State Committee, created last year to larity had skyrocketed and the movie and tele- community leader, professional woman, wife replace the Religious Affairs Directorate, has vision producers came calling. He appeared in and mother. broad administrative powers, which Chairman Aliev seems willing to utilize in an attempt to 15 films, including Bernardine, April Love, and Pauline Williams Griffin was born in Angier, North Carolina. She received her elementary ban minority religious communities through de- State Fair. From 1957 to 1960 he hosted his and the first part of her secondary education nial of legal registration. Recent reports indi- own television series The Pat Boone/Chevy in Lillington, North Carolina. After her family cate that of the 407 religious groups pre- Showroom. His final top-40 song was a nov- moved to New York City in 1944, she grad- viously registered, only approximately 150 are elty record, Speedy Gonzalez in 1962 and it uated from Erasmus Hall High School in currently under consideration for re-registration peaked at number six. Brooklyn. she went on to attend Pace Univer- by the State Committee. An additional 200 or- Boone also had a number of country hits in sity, Bank Street College and The College for ganizations were unsuccessful in their initial the 70s, with singles Indiana Girl and Texas Human Services. application due to technical errors and were Woman and albums I Love You More And Her Bishop, Dr. W.H. Amos, Chief Apostle asked to resubmit these requests. While I am More Each Day and The Country Side Of Pat of the Church of God in Christ Jesus, ap- pleased that 80 groups have been approved, reportedly most are Muslim, I hope that the Boone. Pat has also been popular in the pointed her Elder of the Church of God in Christ Jesus, N.D. in 1965. Elder Griffin State Committee is not specifically discrimi- United Kingdom, where he had 27 records moved rapidly within this setting, as she be- nating against minority faiths or religious reach the top 40. came the state Mother of the Church of God groups. Pat Boone has always been a man of deep, in Christ Jesus for New York State. She is Despite the extension of the re-registration personal faith. Over and over again, he has currently the General Mother as well as a deadline to the end of March, there is legiti- acted on his faith to help other people. Board Member of the Bank Street College mate concern that groups will be arbitrarily de- nied registration, and thereby legal status, de- He should be recognized most of all for his Community Day Care Action Coalition. She is spite fulfilling all requirements. In addition, al- self-sacrificing devotion to charity work and for the Director of the Church of God in Christ Jesus Day Care Center as well as the Execu- though this is the third registration campaign simply carrying out God’s call to love Him and tive Director of the Church of God in Christ since 1991, reportedly about 2,000 more reli- to love others. Boone wrote a best-selling Jesus After-School Program at P.S. 81 in gious groups remain unregistered. Recently, a autobiography and dedicated the proceeds to Brooklyn. Elder Griffin is also a member of senior official at the State Committee declared establish a Christian college in Villanova, Community Planning Board No. 3. She serves unregistered groups will be closed down. Pennsylvania. He has served as the national as the Director of a comprehensive program The fear that the State Committee will spokesman for the March of Dimes, National for young people which includes personal and refuse to register religious groups for arbitrary Association of the Blind and many other char- health counseling and has been directly re- reasons is supported by several statements ities. Boone served for 18 years as the enter- sponsible for the enrollment of 60 students in from Chairman Aliev himself. For instance, he tainment chairman and host of the National the program of College for Human Services. In declared the State Committee hoped to intro- Easter Seal telethon, which raised over $600 addition, she is Vice President of the Move- duce more stringent regulations to govern both million for handicapped and disabled children. ment for Meaningful Involvement in Child religious organizations and individuals. He Care. Elder Griffin serves as Vice President of also said the State Committee can request a Mr. Speaker, today I honor the great Pat the United Minorities, Inc., is a member of the court to suspend activities of any religious or- Boone on behalf of the hundreds and hun- New York State Citizens Coalition for Children ganization conducting activities deemed illegal dreds of children whose lives have been made Inc. and the Chairperson of the Concerned or found to undermine national security. The better through Bethel Bible Village children’s Foster and Adoptive Parents Support Group, State Committee has also limited the ability for home in my hometown of Chattanooga, TN. Inc. as well as belonging to a host of profes- religious communities to import religious mate- For 25 years, Pat has not just associated his sional organizations. rial. Reportedly, Chairman Aliev also stated name with Bethel Bible Village, but he has put Pauline is married to Elder Clifton Griffin ‘‘religious organizations must be controlled’’ his heart and soul into its success. Each year, and is blessed with two lovely daughters, two and that ‘‘religion is dangerous.’’ This flies in for the past 25 years, he has sponsored their sons and a beautiful granddaughter. the face of President Heydar Aliyev’s Novem- largest fundraiser, the Pat Boone Bethel Spec- Mr. Speaker, Pastor Pauline Williams Griffin ber 1999 public statements supporting reli- tacular, which has raised over $1.3 million to is a dedicated leader of her community and gious freedom in Azerbaijan. Also of concern are the heavy-handed ac- help children in the Chattanooga area whose her church. She is committed to teaching the word of God and bringing the word to the tions against religious groups by Azeri Gov- lives have been shattered by crime and trou- ernment officials and police officers. For ex- bled homes. Pat’s involvement has brought greater community. As such, she is more than worthy of receiving this recognition today and ample, on January 18, 2002, National Security national recognition to Bethel Bible Village, I urge my colleagues to join me in honoring Ministry officers raided an unregistered Protes- which has allowed them to expand their min- this truly remarkable woman. tant church, Living Stones, which was meeting istry exponentially. Pat Boone is a true friend in a private apartment. The police and security f to these children and his personal testimony officers searched the residence and seized re- has had such a positive influence on their RE-REGISTRATION CAMPAIGN DE- ligious literature. Ten individuals who were at- lives. NYING RELIGIOUS FREEDOM IN tending the meeting were taken into custody, AZERBAIJAN transferred to a police station and interro- Pat Boone is a recording legend and hu- gated. While eight individuals were released, manitarian role model who understands that HON. CHRISTOPHER H. SMITH two church leaders, Yusuf Farkhadov and the true joy of giving occurs when one doesn’t Kasym Kasymov, were given two-week prison expect anything in return. Over his 40-year ca- OF NEW JERSEY IN THE HOUSE OF REPRESENTATIVES sentences for violating Article 310 of the Ad- reer as an entertainer, he has worn the hats ministrative Code, which addresses ‘‘petty of musician, actor, author, and radio host. His Wednesday, March 20, 2002 hooliganism.’’ The reported justifications for tireless commitment to helping others personi- Mr. SMITH of New Jersey. Mr. Speaker, the the raid was that the church is not registered. fies the Biblical instruction that, ‘‘to whom so ongoing re-registration campaign for religious However, Living Stones had attempted to reg- ever much is given, much is also required.’’ organizations conducted by the State Com- ister with the government, but only after 11⁄2

VerDate 112000 03:39 Mar 22, 2002 Jkt 099060 PO 00000 Frm 00044 Fmt 0626 Sfmt 9920 E:\CR\FM\A20MR8.147 pfrm02 PsN: E21PT1 March 21, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E437 years of waiting did the government decide modate the needs of her community. Jac- Magnet School in Cambria Heights, NY. their application contained errors and must be queline also co-founded the ‘‘Childcare Pro- Through her leadership and vision, she estab- resubmitted. In addition, the church is listed as viders Business Coalition Inc.’’ whose forum is lished educational partnerships with the Na- a branch of the Nehemiah Protestant Church, to make daycare providers a strong united po- tional Aeronautics and Space Administration which is registered. litical force. The agenda for the coalition is to (NASA) and the Department of Agriculture to Many other religious communities are also effectuate positive changes in the childcare have the students participate in science and concerned. It is feared the Ashkenzai Jewish profession. technology research. community will not be successful in reg- She is also a very active member of the As a reverend, while Dr. Fullard was estab- istering, because the State Committee is fa- Bedford Central Presbyterian Church, as a lishing her education agenda, she also served voring a separate Jewish group. The liquida- choir member, spiritual counselor and teacher as a minister. She maintained a dual career tion suit brought by Chairman Aliev against for the Saturday Math and Reading program. for several years. Now, retired from her many the Love Baptist Church in the Narimanov dis- She has been recognized as a ‘‘2001 Vision- years of service with the New York City Board trict court continues to drag on. Liquidating the ary’’ and as a ‘‘2001 Woman History Maker.’’ of Education, she is currently serving as pas- church due to alleged statements by its pastor Mr. Speaker, Jacqueline Europe is devoted tor of the Bethel AME church in Arverne, New is a disproportionate penalty and contravenes to serving her community. As such, she is York. Her ministerial focus is to develop and OSCE commitments. Illegal closures of more than worthy of receiving our recognition. promote programs and services that instill churches by local officials, as in the case of I hope that all of my colleagues will join me community empowerment, economic develop- the Gyanja Adventist Church on February 24, honoring this truly remarkable woman. ment, job opportunities and capital invest- 2002, have not been halted by the State Com- f mittee. The closure of mosques under the pre- ments. With this charge, she founded the text of state security is also a concern, as the PERSONAL EXPLANATION Bethel Arverne Home Health Aide Training government could ban unpopular groups, de- Program. Since the program’s inception, the spite no proof of illegal activity. HON. RONNIE SHOWS program has successfully graduated three classes. In addition, she continues to be ac- The Helsinki Final Act commits that ‘‘the OF MISSISSIPPI tively involved in many community, civic asso- participating States will recognize and respect IN THE HOUSE OF REPRESENTATIVES the freedom of the individual to profess and ciations, and fraternal organizations. Wednesday, March 20, 2002 practice, alone or in community with others, Reverend Dr. Fullard has been a steward of religion or belief acting in accordance with the Mr. SHOWS. Mr. Speaker, regarding Roll both educational and spiritual upliftment for dictates of his own conscience.’’ Mr. Speaker, Call votes on yesterday, March 19, 2002: the Brooklyn community. Reverend Dr. Fullard I urge President Aliyev to ensure that the re- On Roll Call 65, I would have voted YEA on is truly an educator. And, today it is my pleas- registration process is accomplished in ac- Approving the Journal. ure to bring her achievements to the attention cordance with Azerbaijan’s OSCE commit- On Roll Call 66, I would have voted YEA on of my colleagues. ments. In light of statements by Chairman the Motion to Suspend the Rules and Agree to Aliev, it is apparent the State Committee is H. Res. 368, commending the great work that f perverting the re-registration process to arbi- the Pentagon Renovation Program and its trarily deny legal registration to selected reli- contractors have completed thus far, in recon- RECOGNITION OF MARK gious communities. The government must take structing the portion of the Pentagon that was GRIMMETTE the necessary steps to protect the right of indi- destroyed by the terrorist attack of September viduals to profess and practice their faith by 11, 2001. registering religious organizations, in keeping On Roll Call 67, I would have voted YEA on HON. PETER HOEKSTRA with Azerbaijan’s commitments as a partici- the Motion to Suspend the Rules and Pass, as OF MICHIGAN pating OSCE State. Amended H.R. 2509, the Bureau of Engraving In closing, Mr. Speaker, I am greatly and Printing Security Printing Amendments IN THE HOUSE OF REPRESENTATIVES alarmed by the re-registration campaign in Act. Azerbaijan. This being the third time in a dec- On Roll Call 68, I would have voted YEA on Wednesday, March 20, 2002 the Motion to Suspend the Rules and Pass ade the government has required registration, Mr. HOEKSTRA. Mr. Speaker, I rise today H.R. 2804, regarding the James R. Browning it would seem Azerbaijan will continually ‘‘sift’’ in recognition of the hard work and achieve- United States Courthouse. minority religious groups until all are made ille- ment of Mr. Mark Grimmette, who won the sil- gal. Therefore, it is my hope that the Azeri f ver medal in the doubles luge at the Salt Lake Government will choose to honor its OSCE A TRIBUTE TO REVEREND DR. City Winter Olympic games. Mr. Speaker, this commitments and allow religious communities HENRIETTA SCOTT FULLARD is not the first time Mr. Grimmette has won an to register without harassment or bureaucratic Olympic medal. He also won a bronze medal roadblocks. Members of Congress will be at the Winter Olympic games held in Nagano, watching to see if groups highlighted in this HON. EDOLPHUS TOWNS Japan in 1998. In winning the bronze, Mr. statement are harassed because of their men- OF NEW YORK Grimmette helped end a 34-year medal tion. IN THE HOUSE OF REPRESENTATIVES drought for America in the Olympic luge event. f Wednesday, March 20, 2002 In addition to his excellence in the Olym- A TRIBUTE TO JACQUELINE Mr. TOWNS. Mr. Speaker, I rise in honor of pics, Mr. Grimmette is also a three-time U.S. EUROPE Reverend Dr. Henrietta Scott Fullard’s dedica- national champion in the luge with his doubles tion to her community. partner, Brian Martin. The duo won the World HON. EDOLPHUS TOWNS Reverend Dr. Henrietta Scott Fullard’s life Cup championship in 1998, and won two OF NEW YORK can be phrased as one of high achievements bronze medals during the 2001Ð2002 World IN THE HOUSE OF REPRESENTATIVES and a steward of educational excellence. One Cup season. word that best describes her is ‘‘Teacher.’’ Wednesday, March 20, 2002 The word teacher maybe simple but a word Mr. Grimmette took his first luge slide at the Mr. TOWNS. Mr. Speaker, I rise today in that carries powerful meaning. Throughout her age of 14 on a track he helped build in his honor of Jacqueline Europe for her dedication life, she has strived for educational excellence. hometown of Muskegon, Michigan, which is lo- to her community. She earned a Bachelor of Science in Chem- cated in the 2nd Congressional District of Jacqueline founded the ‘‘Reach for the istry, a Master in Arts and a Master of Divinity. Michigan. That slide began a momentous jour- Stars’’ Child Development Center, a Christian In addition, she received an honorary Doctor ney that has taken him to the top in Olympic centered day school approximately five years of Education and a Doctor of Divinity. Rev- achievement and ultimately earned him rec- ago. Her motto is ‘‘every child is born with erend Dr. Fullard has used her educational ex- ognition as one of the world’s best lugers. gifts and talents, and is capable of learning periences and talents to not only serve as an Mr. Speaker, Mark Grimmette represents a and becoming scholastically gifted.’’ Her vision educator on the high school level but as an proud and longstanding Olympic tradition in is to expand the facility to include pre-kinder- advisor and principal. She was appointed the Michigan. He has earned much deserved rec- garten through the sixth grade, as well as con- first principal of the newly formed Mathe- ognition for his accomplishments, and I salute tinued service of the nursery school to accom- matics, Science Research and Technology him on his recent Olympic success.

VerDate 112000 03:39 Mar 22, 2002 Jkt 099060 PO 00000 Frm 00045 Fmt 0626 Sfmt 0634 E:\CR\FM\A20MR8.149 pfrm02 PsN: E21PT1 E438 CONGRESSIONAL RECORD — Extensions of Remarks March 21, 2002 IN RECOGNITION OF JOHN before the school district became the first to way the American people will get the debate BROWNE, CHIEF EXECUTIVE OF BP voluntarily integrate schools), and hosted the they deserve. first Black Panthers’ Breakfast. Simply put, if neither the President nor the HON. SHERWOOD L. BOEHLERT Since 1968, Bishop Nichols has worked Republican majority in the House will submit the President’s privatization plans to the light OF NEW YORK from several different positions to raise the of day, others will be forced to do it for them. IN THE HOUSE OF REPRESENTATIVES principles of justice in the faith community. He was a member of the Executive & Central It is with a sincere hope for an open and fair Wednesday, March 20, 2002 Committees of the World Council of Churches debate that I introduce this legislation to the Mr. BOEHLERT. Mr. Speaker, I rise today of Geneva, Switzerland; President of Christian House of Representatives. I now call on the to recognize John Browne, chief executive of Associates in Western Pennsylvania; Presi- Republican majority to bring this legislation to BP for his distinctive leadership on the issue dent of the Council of Bishops for the United the floor. of climate change. In 1997, at Stanford Uni- Methodist Church; President of the New York f versity, John Browne took a bold step; he Council of Church Executives; and President IN TRIBUTE TO GLEN AND SALLY broke from his peers in the oil and gas indus- of Africa University’s Development Committee. BECERRA try and set a target to significantly reduce Finally as we honor him tonight, I want to greenhouse gas emissions from company op- thank him on behalf of the entire 9th Congres- HON. ELTON GALLEGLY erations. The target he set was a ten percent sional District for being a great religious and OF CALIFORNIA reduction below a 1990 baseline by the year civil leader. Bishop Nichols has been a friend IN THE HOUSE OF REPRESENTATIVES 2010. who has shared his wisdom and has given me Just last week this same man again stood support. Wednesday, March 20, 2002 before an audience at Stanford to announce I take great pride in joining Bishop Nichols’ Mr. GALLEGLY. Mr. Speaker, I rise to pay that the company had achieved the target, and friends and colleagues to salute the extraor- tribute to two of my constituents and friends, done so eight years ahead of schedule. Impor- dinary Roy C. Nichols. Glen and Sally Becerra, who for the second tantly, this was done at no net cost to the f year are chairing the Simi Valley Education company. Mr. Browne further announced that Foundation’s Lew Roth Dinner. BP would continue its quest to reduce the car- BRING SOCIAL SECURITY PRIVAT- Few passions are more important to the fu- bon intensity of its activities and stabilize car- IZATION TO THE FLOOR FOR DE- ture of America than the education of our chil- bon emissions at current levels while growing BATE dren. Lew Roth epitomized that passion during the company. This, he said, would be 23 years as a School Board trustee in my achieved through focusing on technology im- HON. ROBERT T. MATSUI hometown of Simi Valley, California. We reg- provements, gains in efficiency and through OF CALIFORNIA istered in different parties, but we were bound offering less carbon intensive products to cus- IN THE HOUSE OF REPRESENTATIVES by that belief. He was a true teacher and a good friend. tomers. Wednesday, March 20, 2002 Mr. Speaker, the actions on the part of John Lew founded the Simi Valley Education Browne and BP clearly demonstrate that a lit- Mr. MATSUI. Mr. Speaker, last year the Foundation in 1989 to provide the business community and individuals with an avenue to tle bit of initiative can go a long way. This is President convened a special, hand-picked improve our schools. The Lew Roth awards leadership—we need more of it here in the commission to study Social Security reform. were founded after Lew died in 1991 to recog- U.S. on the matter of climate change, because Unfortunately, the commission was comprised nize other school personnel who share Lew’s this issue is not going to go away. entirely of those who support private accounts passion for educating our children. Awarded I applaud the achievements of John Browne as a precondition to any reform proposals they during a gala dinner celebration, the awards and the progressive company that he leads. might consider. In December 2001, the com- mission disbanded after releasing a report in honor a classified school employee, a man- f which it detailed three privatization options, ager, a teacher and a volunteer. This year’s HONORING ROY C. NICHOLS each of which cuts benefits and requires mas- recipients are PTA volunteer Annette Morgan, sive general revenue transfers to finance pri- Garden Grove School Principal Lynn Fried- HON. BARBARA LEE vate accounts. man, Santa Susana School cafeteria manager President Bush continues to advocate these Linda Pistachio, and longtime educator Peggie OF CALIFORNIA Noisette. They join an elite group more impor- IN THE HOUSE OF REPRESENTATIVES untested privatization plans as the single solu- tion to Social Security’s future financing chal- tant than any Hall of Frame promoted regu- Wednesday, March 20, 2002 lenges, but he has thus far been unwilling to larly on television. This year’s gala, to be held on Friday at the submit these schemes to the rigors of the leg- Ms. LEE. Mr. Speaker, I rise today to honor Ronald Reagan Presidential Library, is a fes- Bishop Nichols for his lifetime of national and islative process of advocacy, testimony, and tive gathering that brings the community to- international public service. He has been a amendment. If these plans are indeed credible gether to recommit to Lew’s ideals and his vi- tireless champion for economic, social and options, they should be treated as such. They sion. It is an important fund-raiser for the non- civil justice for more than 50 years. should be marked up in the House Ways and profit foundation, and provides a large share He once stated, ‘‘education is critical in Means Committee and brought as soon as of the funds the foundation spends each year achieving national goals. Most people forget possible to the House floor for debate and a for teacher grants, classroom technology and that the U.S. Constitution was written as a vote. Should any one of the measures prove other educational needs. The success of the mission statement to establish social justice feasible or desirable, it would subsequently be evening helps shape the success of the foun- . . . And, public schools must foster a sense sent to the Other Body for additional debate dation for the coming year. of justice under which people of diverse eco- and votes. Should both houses agree, the leg- And, the success of the evening depends nomic, social, and racial backgrounds can be- islation would then be sent to the President of largely on the people who chair the event, the come great.’’ the United States for his signature or veto. caliber of an active foundation board, and the In his efforts to help bring equity to under- Sadly, it appears unlikely that Social Secu- cadre of other volunteers they assemble to as- served communities, Bishop Nichols has rity privatization will follow this rational and sist them. It’s a huge commitment and one served as Chairman of Oakland’s Human Re- democratic course. The Republicans refuse to that Glen and Sally Becerra have taken on lations Commission and President of the place this issue on the agenda. They have twice. It is anticipated that the galas last year Sequoyah Heights Board of Directors. He has scheduled no markups, no debate, and no and this year will have raised about $200,000 also served as a consultant, lecturer, preach- votes on what will be a radical change to the for the foundation. er, interim pastor and Bishop in Residence. most successful program in American history. I know personally of Glen’s and Sally’s com- In the late ’50s and throughout the 60’s, Meanwhile, the President has indicated that mitment to family and community. They have Bishop Nichols, then Pastor of Downs Memo- he intends to move forward with these pro- two young children who are the loves of their rial United Methodist Church in North Oakland, posals next year. lives. Sally is a dedicated mother and Glen a joined with national leaders to advocate for Mr. Speaker, Social Security is a critically dedicated father who together actively nurture civic, economic, social and educational justice important program for millions in America, and their children. In addition to serving as a foun- in the Bay Area. He was chair of the Berkeley the American people deserve an honest de- dation board member, Glen is a city council- NAACP Education Committee, President of bate on these proposals now. That is why I man. They have long been active in their com- the Berkeley Board of Education (four years am introducing this legislation. It is the only munity, like their parents before them.

VerDate 112000 03:39 Mar 22, 2002 Jkt 099060 PO 00000 Frm 00046 Fmt 0626 Sfmt 9920 E:\CR\FM\A20MR8.153 pfrm02 PsN: E21PT1 March 21, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E439 Mr. Speaker, I know my colleagues will join national tax laws. The Treasury’s publicly ex- can administer? I believe the proposed me in congratulating Gland and Sally Becerra pressed intent to work with Congress this year changes in this bill represent a creditable on another successful event and thank them to pursue meaningful simplification is very en- package and a further step toward reform in for their dedication and ensure our children re- couraging. The Joint Committee on Taxation the international tax area and urge your sup- ceive a rich and rewarding education. issued a simplification report last year con- port. f taining many simplification proposals. Some relating to the international tax area have been f INTERNATIONAL TAX SIMPLIFICA- included in the bill. TRIBUTE TO JOHN ‘‘JACK’’ TION AND FAIRNESS FOR AMER- No one is under any illusion that the meas- DELMAGE ICAN COMPETITIVENESS ACT OF ure being introduced removes all complexity or 2002 breaks bold new conceptual ground. It is also recognized that the enactment of the bill in its HON. DOUG OSE HON. AMO HOUGHTON entirety is not likely. It is a list of options from OF CALIFORNIA OF NEW YORK which to choose for an appropriate Ways and IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Means Committee tax bill. I believe, however, Wednesday, March 20, 2002 Wednesday, March 20, 2002 that the enactment of any portion of this legis- lation would be a significant step in the right Mr. OSE. Mr. Speaker, I rise today to honor Mr. HOUGHTON. Mr. Speaker, today I am direction. Likewise, there are cost implications a constituent of mine, Private First Class John introducing a bill, the ‘‘International Tax Sim- to enactment. There may well be trade-offs in ‘‘Jack’’ Delmage, who served our nation in plification and Fairness for American Competi- this regard as we pursue other changes in the combat during World War II. Born March 24, tiveness Act of 2002.’’ The world economy tax and trade areas. Lastly, the bill attempts to 1919, Jack Delmage was 22 when he volun- continues the process of globalizing at a pace avoid rifle shot provisions or to create situa- teered to join the Army as our nation joined unforeseen a few years ago. Our trade laws tions for abuse. The bill is subject to an ongo- the war. This week, more than 50 years later, and practices as well as our commitment to ing review to make sure these situations do Jack will finally receive full recognition for his the World Trade Organization have encour- not exist. service. aged the expansion of U.S. business interests The legislation would enhance the ability of Jack Delmage joined the elite 551st Para- abroad. However, our tax policy lags far be- the United States to continue as the pre- chute Infantry Battalion where he earned his hind and seems out of sync with our trade pol- eminent economic force in the world. If our Parachutist Badge, known as ‘‘Jump’’ Wings. icy. In fact, our international tax policy seems economy is to continue to create jobs for its The 551st has an illustrious record of achieve- to promote consequences that may be con- citizens, we must ensure that the foreign pro- ments, including the Army’s first daylight com- trary to the national interest. visions of or our income tax law do not stand bat jump and the capture of the first German The United States is the largest trading na- in the way. general. During his early missions, Jack tion in the world. In 2000, the value of our ex- There are many aspects of the current sys- earned the Combat Parachutist Badge with ports and imports of goods and services was tem that should be reformed and greatly im- Bronze Star and the Combat Infantryman’s about $2.5 trillion, or 25% of our GDP. Al- proved. These reforms would significantly Badge. As a result of his actions on August though the U.S. is not as dominant in the lower the cost of capital, the cost of adminis- 15, 1944 in Operation Anvil Dragoon, Jack world markets as in the past, foreign earnings tration, and therefore the cost of doing busi- earned the French Croix de Guerre Medal with from 1990Ð1997 represented a greater per- ness for U.S.-based firms. This bill addresses Silver-Gilt Star, awarded by the President of centage (17.7%) of all U.S. corporate net in- a number of such problems, including signifi- France to the 551st Infantry Battalion for the come than 40 years ago (7.5%). So our econ- cant anomalies and provisions whose adminis- magnificent bravery displayed in the capture of omy is becoming more trade dependent than trative effects burden both the taxpayers and Draguignan. In addition, the Kingdom of Bel- ever. the government. gium awarded the 551st a commemorative rib- We confront an economy in which U.S. mul- The focus of the legislation is to make the bon for their efforts. tinationals face far greater competition in glob- international area more rational. In general, During his distinguished military service in al markets. At the same time, U.S. companies the bill seeks in modest but important ways to: World War II, Jack Delmage earned a number depend more than ever on these markets for (1) simplify this overly complex area, espe- of service medals, including: the Bronze Star, a much larger share of profits and sales. In cially in subpart F of the Code and the foreign the Purple Heart, the Army Good Conduct light of these circumstances, the effects of tax tax credit mechanisms; (2) encourage exports; Medal, the American Campaign medal, the policy on the competitiveness of U.S. compa- and (3) enhance U.S. competitiveness in other European-African-Middle Eastern Campaign nies operating abroad is of greater con- industrialized countries. Medal, the World War II Victory Medal, and sequence today than ever before. In summary, the law as now constituted most recently, the Presidential Unit Citation for As we continue to discuss fundamental re- frustrates the legitimate goals and objectives extraordinary heroism displayed during the form of our tax system. I believe it imperative of U.S. businesses and erects artificial and un- Battle of the Bulge. to address the area of international taxation. In necessary barriers to U.S. competitiveness. Through an unfortunate misunderstanding, an Internal Revenue Code that is a monument Neither the largest U.S.-based multinational his comrades believed Jack was killed in ac- to complexity, there is no area that contains companies nor the Internal Revenue Service tion during the Battle of the Bulge, and as a as many difficult and complicated rules as is in a position to administer and interpret the result, Jack never received these service med- international taxation. Further, it cannot be mind-numbing complexity of many of the for- als. I am proud to join Jack Delmage this Sat- stressed enough as to the importance of con- eign provisions. Why not then move toward urday, March 23, 2002, in a ceremony to re- tinued discussion between the Congress and creating a set of international tax rules that ceive the medals and recognition he has Treasury to simplify and make fair our inter- taxpayers can understand and the government earned and deserves.

VerDate 112000 03:39 Mar 22, 2002 Jkt 099060 PO 00000 Frm 00047 Fmt 0626 Sfmt 9920 E:\CR\FM\A20MR8.157 pfrm02 PsN: E21PT1 Thursday, March 21, 2002 Daily Digest

HIGHLIGHTS Senate agreed to H. Con. Res. 360, Adjournment Resolution. Senate Hoboken, New Jersey, as the ‘‘Frank Sinatra Post Chamber Action Office Building’’. Pages S2259–60 Routine Proceedings, pages S2193–S2310 Measures Passed: Measures Introduced: Twenty-six bills and two Adjournment Resolution: Senate agreed to H. resolutions were introduced, as follows: S. Con. Res. 360, providing for an adjournment of the 2040–2065, and S. Res. 230–231. Pages S2260–61 House of Representatives and a recess or adjourn- Measures Reported: ment of the Senate. Pages S2219–20 H.R. 1748, to designate the facility of the United Indian Lands: Senate passed H.R. 3985, to States Postal Service located at 805 Glen Burnie amend the Act entitled ‘‘An Act to authorize the Road in Richmond, Virginia, as the ‘‘Tom Bliley leasing of restricted Indian lands for public, reli- Post Office Building’’. gious, educational, recreational, residential, business, H.R. 1749, to designate the facility of the United and other purposes requiring the grant of long-term States Postal Service located at 685 Turnberry Road leases’’, approved August 9, 1955, to provide for in Newport News, Virginia, as the ‘‘Herbert H. binding arbitration clauses in leases and contracts re- Bateman Post Office Building’’. lated to reservation lands of the Gila River Indian H.R. 2577, to designate the facility of the United Community, clearing the measure for the President. States Postal Service located at 310 South State Page S2307 Street in St. Ignace, Michigan, as the ‘‘Bob Davis Relative to the Death of Herman Talmadge: Post Office Building’’. Senate agreed to S. Res. 231, relative to the death H.R. 2876, to designate the facility of the United of the Honorable Herman E. Talmadge, formerly a States Postal Service located in Harlem, Montana, as Senator from the State of Georgia. Pages S2307–08 the ‘‘Francis Bardanouve United States Post Office Energy Policy Act: Senate continued consideration Building’’. of S. 517, to authorize funding for the Department H.R. 2910, to designate the facility of the United of Energy to enhance its mission areas through tech- States Postal Service located at 3131 South Crater nology transfer and partnerships for fiscal years 2002 Road in Petersburg, Virginia, as the ‘‘Norman Sisi- through 2006, taking action on the following sky Post Office Building’’. amendments proposed thereto: H.R. 3072, to designate the facility of the United Pages S2194–S2219, S2221–22, S2223–29, S2231–39 States Postal Service located at 125 Main Street in Adopted: Forest City, North Carolina, as the ‘‘Vernon Tarlton By 97 yeas to 1 nay (Vote No. 56), Reid (for Post Office Building’’. Daschle/Leahy) Amendment No. 3040 (to Amend- H.R. 3379, to designate the facility of the United ment No. 2917), to express the sense of the Senate States Postal Service located at 375 Carlls Path in on the fair treatment of Presidential judicial nomi- Deer Park, New York, as the ‘‘Raymond M. Downey nees. Pages S2199–S2219 Post Office Building’’. Craig Amendment No. 3049 (to Amendment No. H. Con. Res. 339, expressing the sense of the 3016), to clarify the definition of biomass. Congress regarding the Bureau of the Census on the Pages S2221–22 100th anniversary of its establishment. Collins/Snowe Amendment No. 3058 (to Amend- S. 1222, to redesignate the facility of the United ment No. 3016), to clarify the definition of States Postal Service located at 89 River Street in ‘‘repowering or cofiring increment.’’ Pages S2233–34 D276

VerDate 11-MAY-2000 07:07 Mar 22, 2002 Jkt 099060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D21MR2.REC pfrm02 PsN: D21MR2 March 21, 2002 CONGRESSIONAL RECORD — DAILY DIGEST D277 Bingaman Amendment No. 3016 (to Amendment By 47 yeas to 51 nays (Vote No. 57), Lott No. 2917), to clarify the provisions relating to the Amendment No. 3033 (to Amendment No. 2917), Renewable Portfolio Standard. Page S2194 to provide for the fair treatment of Presidential judi- Bingaman Amendment No. 3059 (to Amendment cial nominees. Pages S2194, S2199–S2219 No. 2917), to authorize rural and remote community By 39 yeas to 57 nays (Vote No. 58), Murkowski electrification grants. Pages S2234–35 Amendment No. 3052 (to Amendment No. 3016), Bingaman Amendment No. 3060 (to Amendment to protect State portfolio requirements. No. 2917), to strike section 264 with respect to Pages S2225–29 rural construction grants. Pages S2234–35 By 37 yeas to 58 nays (Vote No. 59), Kyl Bingaman Amendment No. 3061 (to Amendment Amendment No. 3057 (to Amendment No. 3016), No. 2917), to permit the Department of Energy to to allow the Governor of a State the ability to waive transfer uranium-bearing materials to uranium mills certain provisions of the Federal mandate, if the pro- for recycling. Pages S2234–35 visions would adversely effect retail electric cus- Bingaman (for Cantwell) Amendment No. 3062 tomers of the State, with respect to the application (to Amendment No. 2917), to define the term ‘‘traf- of the Federal renewable portfolio standard. fic signal module’’. Pages S2234–35 Pages S2231–33 Bingaman (for Cantwell) Amendment No. 3063 Pending: (to Amendment No. 2917), to provide test proce- Daschle/Bingaman Further Modified Amendment dures for traffic lights. Pages S2234–35 No. 2917, in the nature of a substitute. Bingaman (for Cantwell) Amendment No. 3064 Pages S2194–S2219, S2221–22, S2223–29, S2231–39 (to Amendment No. 2917), to establish an efficiency Feinstein Modified Amendment No. 2989 (to standard for traffic lights. Pages S2234–35 Amendment No. 2917), to provide regulatory over- Bingaman (for Cantwell) Amendment No. 3065 sight over energy trading markets and metals trad- (to Amendment No. 2917), to clarify those entities ing markets. Page S2194 eligible to participate in the Renewable Energy Pro- Kerry/McCain Amendment No. 2999 (to Amend- duction Incentive program. Pages S2234–35 ment No. 2917), to provide for increased average Murkowski (for Inhofe) Amendment No. 3066 (to fuel economy standards for passenger automobiles Amendment No. 2917), to insert provisions relating and light trucks. Page S2194 to electric energy. Pages S2234–35 Dayton/Grassley Amendment No. 3008 (to Bingaman (for Bayh) Amendment No. 3067 (to Amendment No. 2917), to require that Federal Amendment No. 2917), to include geothermal heat agencies use ethanol-blended gasoline and biodiesel- pump efficiency among the technologies to be re- blended diesel fuel in areas in which ethanol-blended viewed under section 1701 of the bill. Pages S2234–35 gasoline and biodiesel-blended diesel fuel are avail- Bingaman (for Akaka) Amendment No. 3068 (to able. Page S294 Amendment No. 2917), to provide for the updating Lott Amendment No. 3028 (to Amendment No. of insular area renewable energy and energy effi- 2917), to provide for the fair treatment of Presi- ciency plans. Pages S2234–35 dential judicial nominees. Page S2194 Bingaman/Murkowski Amendment No. 3069 (to Landrieu/Kyl Amendment No. 3050 (to Amend- Amendment No. 2917), to provide for access to the ment No. 2917), to increase the transfer capability Alaska natural gas transportation project. of electric energy transmission systems through par- Pages S2234–35 ticipant-funded investment. Pages S2224–25 Lincoln Modified Amendment No. 3023 (to Graham Amendment No. 3070 (to Amendment Amendment No. 2917), to expand the eligibility to No. 2917), to clarify the provisions relating to the receive biodiesel credits and to require the Secretary Renewable Portfolio Standard. Page S2236 of Energy to conduct a study on alternative fueled During consideration of this measure today, Senate vehicles and alternative fuels. Pages S2194, S2235–36 also took the following action: Wyden Amendment No. 3041, to provide addi- By unanimous-consent, Lott Amendment No. tional flexibility to covered fleets and persons under 3033 (listed above) was considered a first-degree title V of the Energy Policy Act of 1992. amendment. Page S2195 Pages S2198–99 By unanimous-consent, Senate vitiated the March Rejected: 12, 2002 adoption of Murkowski/Daschle Amend- By 40 yeas to 58 nays (Vote No. 55), Kyl ment No. 2996 (to Amendment No. 2917), to pro- Amendment No. 3038 (to Amendment No. 3016), vide for rural and remote community development to provide for appropriate State regulatory authority block grants. Page S2234 with respect to renewable sources of electricity. A unanimous-consent agreement was reached pro- Pages S2194–95 viding that Graham Amendment No. 3070 (listed

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above) be in order notwithstanding the adoption of Blanca E. Enriquez, of Texas, to be a Member of Bingaman Amendment No. 3016 (listed above). the National Institute for Literacy Advisory Board Page S2308 for a term of three years. (New Position) Committee Authority: A unanimous-consent agree- William T. Hiller, of Ohio, to be a Member of ment was reached providing that on Friday, March the National Institute for Literacy Advisory Board 22, 2002, the Committee on the Budget have until for a term of one year. (New Position) 4 p.m., to report the budget resolution, notwith- Robin Morris, of Georgia, to be a Member of the National Institute for Literacy Advisory Board for a standing an adjournment of the Senate. Page S2308 term of one year. (New Position) Nominations Confirmed: Senate confirmed the fol- Juan R. Olivarez, of Michigan, to be a Member lowing nominations: of the National Institute for Literacy Advisory Board Joseph E. Schmitz, of Maryland, to be Inspector for a term of one year. (New Position) General, Department of Defense. Jean Osborn, of Illinois, to be a Member of the 8 Air Force nominations in the rank of general. National Institute for Literacy Advisory Board for a 26 Army nominations in the rank of general. term of two years. (New Position) 2 Coast Guard nominations in the rank of admi- Kathleen P. Utgoff, of Virginia, to be Commis- ral. sioner of Labor Statistics, United States Department 2 Navy nominations in the rank of general. of Labor for a term of four years. Routine lists in the Air Force, Army, Coast Morrison C. England, Jr., of California, to be Guard, Marine Corps, Navy. Pages S2306–07, S2309–10 United States District Judge for the Eastern District of California. Nominations Received: Senate received the fol- Amy J. St. Eve, of Illinois, to be United States lowing nominations: District Judge for the Northern District of Illinois. Kenneth Y. Tomlinson, of Virginia, to be a Mem- Henry E. Autrey, of Missouri, to be United States ber of the Broadcasting Board of Governors for a District Judge for the Eastern District of Missouri. term expiring August 13, 2004. Richard E. Dorr, of Missouri, to be United States Kenneth Y. Tomlinson, of Virginia, to be Chair- District Judge for the Western District of Missouri. man of the Broadcasting Board of Governors. David S. Cercone, of Pennsylvania, to be United Michael D. Brown, of Colorado, to be Deputy Di- States District Judge for the Western District of rector of the Federal Emergency Management Agen- Pennsylvania. cy. Timothy J. Savage, of Pennsylvania, to be United Robert Davila, of New York, to be a Member of States District Judge for the Eastern District of the National Council On Disability for a term expir- Pennsylvania. ing September 17, 2003. Ronald Henderson, of Missouri, to be United Lex Frieden, of Texas, to be a Member of the Na- States Marshal for the Eastern District of Missouri tional Council On Disability for a term expiring for the term of four years. September 17, 2004. Bruce E. Kasold, of Virginia, to be a Judge of the Young Woo Kang, of Indiana, to be a Member of United States Court of Appeals for Veterans Claims the National Council On Disability for a term expir- for the term of thirteen years. (New Position) ing September 17, 2003. 39 Air Force nominations in the rank of general. Kathleen Martinez, of California, to be a Member 1 Army nomination in the rank of general. 5 Navy nominations in the rank of admiral. of the National Council On Disability for a term ex- Routine lists in the Army, Navy. Pages S2308–09 piring September 17, 2003. Carol Hughes Novak, of Georgia, to be a Member Messages From the House: Page S2259 of the National Council On Disability for a term ex- Measures Referred: Page S2259 piring September 17, 2004. Measures Placed on Calendar: Page S2259 Patricia Pound, of Texas, to be a Member of the National Council On Disability for a term expiring Executive Reports of Committees: Page S2260 September 17, 2002. Additional Cosponsors: Pages S2261–62 Carmel Borders, of Kentucky, to be a Member of Statements on Introduced Bills/Resolutions: the National Institute for Literacy Advisory Board Pages S2262–89 for a term of three years. (New Position) Additional Statements: Pages S2254–59 Douglas Carnine, of Oregon, to be a Member of the National Institute for Literacy Advisory Board Amendments Submitted: Pages S2289–S2305 for a term of three years. (New Position) Authority for Committees to Meet: Pages S2305–06

VerDate 11-MAY-2000 07:07 Mar 22, 2002 Jkt 099060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D21MR2.REC pfrm02 PsN: D21MR2 March 21, 2002 CONGRESSIONAL RECORD — DAILY DIGEST D279 Record Votes: Five record votes were taken today. closed hearings on proposed legislation authorizing (Total—59) Pages S2195, S2219, S2229, S2233 funds for fiscal year 2003 for the Department of De- Adjournment: Senate met at 9:45 a.m., and ad- fense, focusing on U.S. Armed Forces readiness for journed at 8:24 p.m., until 10 a.m., on Friday, all assigned missions, after receiving testimony from March 22, 2002. (For Senate’s program, see the re- Paul W. Mayberry, Deputy Under Secretary of De- marks of the Acting Majority Leader in today’s fense for Readiness; Lt. Gen. Gregory S. Newbold, Record on page S2308). USMC, Director of Operations (J–3), Joint chiefs of Staff; Lt. Gen. David D. McKiernan, USA, Deputy Chief of Staff, G3, Operations and Plans, United Committee Meetings States Army; Lt. Gen. Emil R. Bedard, USMC, Dep- uty Commandant for Plans, Policy, and Operations, (Committees not listed did not meet) Headquarters, United States Marine Corps; Lt. Gen. APPROPRIATIONS—D.C. COURTS Charles F. Wald, USAF, Deputy Chief of Staff for Committee on Appropriations: Air and Space Operations, Headquarters, United Subcommittee on District States Air Force; and RAdm. Joseph J. Krol, Jr., of Columbia concluded hearings on proposed budget USN, Director, Navy Plans, Policy, and Operations, estimates for fiscal year 2003, after receiving testi- Chief of Naval Operations. mony in behalf of funds for their respective activities from Jasper Ormond, Interim Director, Court Serv- ACCOUNTING AND INVESTOR ices and Offender Supervision Agency, Cynthia E. PROTECTION Jones, Director, Public Defender Service, Rufus G. Committee on Banking, Housing, and Urban Affairs: King III, Chief Judge, Superior Court, and Annice Committee concluded oversight hearings to examine M. Wagner, Chair, Joint Committee on Judicial Ad- accounting and investor protection issues raised by ministration, all of the District of Columbia. the fall of the Enron Corporation and by other pub- APPROPRIATIONS—NIH lic companies, focusing on oversight and regulation Committee on Appropriations: Subcommittee on Labor, of the accounting profession, and the potential need Health and Human Services, and Education con- for a more responsive federal securities law, receiving cluded hearings to examine proposed budget esti- testimony from Harvey L. Pitt, Chairman, Securities mates for fiscal year 2003 for the National Institutes and Exchange Commission. of Health of the Department of Health and Human BUSINESS MEETING Services, after receiving testimony from Ruth L. Kirschstein, Acting Director, National Institutes of Committee on the Budget: Committee ordered favorably Health, Department of Health and Human Services. reported an original concurrent resolution, setting forth the fiscal years 2003–2012 budget for the Fed- CARGO TRANSPORTATION SECURITY eral Government. Committee on Appropriations: Subcommittee on Trans- portation concluded hearings to examine how the NOMINATIONS Department of Transportation will work with state Committee on Commerce, Science, and Transportation: and local authorities in order to face security chal- Committee ordered favorably reported the nomina- lenges presented by transportation of cargo by air, tions of Robert Watson Cobb, of Maryland, to be sea, and land, after receiving testimony from John Inspector General, National Aeronautics and Space Magaw, Under Secretary for Security, RAdm. Paul J. Administration, Vice Adm. Thomas H. Collins, to Pluta, USCG, Assistant Commandant for Marine be Commandant, United States Coast Guard, De- Safety and Environmental Protection, Joseph Clapp, partment of Transportation, James R. Mahoney, of Administrator, Federal Motor Carrier Safety Admin- Virginia, to be Assistant Secretary of Commerce for istration, Allan Rutter, Administrator, Federal Rail- Oceans and Atmosphere, and certain nominations for road Administration, Ellen G. Engleman, Adminis- promotion in the Unites States Coast Guard. trator, Research and Special Programs Administra- tion, and Cpt. Christopher McMahon, Special Assist- CHICAGO AIRPORT CAPACITY ant to the Secretary of Transportation, on behalf of Committee on Commerce, Science, and Transportation: the Maritime Administration, all of the Department Committee concluded hearings to examine airport of Transportation. capacity expansion plans in the Chicago area, focus- ing on runway construction, and the reduction of DEFENSE AUTHORIZATION aircraft noise, after receiving testimony from Senators Committee on Armed Services: Subcommittee on Readi- Bayh, Durbin, and Grassley; Representatives Hyde, ness and Management Support concluded open and Kirk, Manzullo, and Visclosky; Woodie Woodward,

VerDate 11-MAY-2000 07:07 Mar 22, 2002 Jkt 099060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D21MR2.REC pfrm02 PsN: D21MR2 D280 CONGRESSIONAL RECORD — DAILY DIGEST March 21, 2002 Associate Administrator for Airports, Federal Avia- H.R. 577, to amend title 44, United States Code, tion Administration, Department of Transportation; to require any organization that is established for the Illinois Governor George H. Ryan, and Kirk Brown, purpose of raising funds for creating, maintaining, Illinois Secretary of Transportation, Springfield; Chi- expanding, or conducting activities at a Presidential cago Mayor Richard M. Daley, John Harris, Chicago archival depository or any facilities relating to a Department of Aviation, and Sam Skinner, U.S. Presidential archival depository to disclose the Freightways, all of Chicago, Illinois; and John Geils, sources and amounts of any funds raised; Suburban O’Hare Commission, Bensenville, Illinois. H.R. 2305, to require certain Federal officials NOMINATION with responsibility for the administration of the criminal justice system of the District of Columbia Committee on Finance: Committee concluded hearings to serve on and participate in the activities of the on the nomination of Randal Quarles, of Utah, to be District of Columbia Criminal Justice Coordinating Deputy Under Secretary of the Treasury for Inter- Council; national Affairs, after the nominee testified and an- swered questions in his own behalf. S. Res. 187, commending the staffs of Members of Congress, the Capitol Police, the Office of the At- CORPORATE TAX SHELTERS tending Physician and his health care staff, and other Committee on Finance: Committee held hearings on members of the Capitol Hill community for their proposed legislation that would enhance the cor- courage and professionalism during the days and porate tax shelter regulations implemented by the weeks following the release of anthrax in Senator Department of Treasury in 2000 by providing a pro- Daschle’s office, with an amendment; tection from penalties in order to encourage disclo- H. Con. Res. 339, expressing the sense of the sure of potentially abusive transactions, after receiv- Congress regarding the Bureau of the Census on the ing testimony from B. John Williams, Chief Coun- 100th anniversary of its establishment; sel, and Larry R. Langdon, Commissioner, Large and S. 1222, to redesignate the facility of the United Mid-Size Business Division, both of the Internal States Postal Service located at 89 River Street in Revenue Service, and Mark A. Weinberger, Assistant Hoboken, New Jersey, as the ‘‘Frank Sinatra Post Secretary for Tax Policy, all of the Department of Office Building’’; the Treasury. S. 1892, to designate the facility of the United Hearings recessed subject to call. States Postal Service located at 375 Carlls Path in BUSINESS MEETING Deer Park, New York, as the ‘‘Raymond M. Downey Post Office Building’’; Committee on Governmental Affairs: Committee ordered favorably reported the following bills: H.R. 3379, to designate the facility of the United H.R. 169, to require that Federal agencies be ac- States Postal Service located at 375 Carlls Path in countable for violations of antidiscrimination and Deer Park, New York, as the ‘‘Raymond M. Downey whistleblower protection laws, with amendments; Post Office Building’’; S. 803, to enhance the management and pro- S. 1906, to designate the facility of the United motion of electronic Government services and proc- States Postal Service located at 3698 Inner Perimeter esses by establishing a Federal Chief Information Of- Road in Valdosta, Georgia, as the ‘‘Major Lyn ficer within the Office of Management and Budget, McIntosh Post Office Building’’; and by establishing a broad framework of measures H.R. 1748, to designate the facility of the United that require using Internet-based information tech- States Postal Service located at 805 Glen Burnie nology to enhance citizen access to Government in- Road in Richmond, Virginia, as the ‘‘Tom Bliley formation and services, with an amendment in the Post Office Building’’; nature of a substitute; H.R. 1749, to designate the facility of the United S. 1867, to establish the National Commission on States Postal Service located at 685 Turnberry Road Terrorist Attacks Upon the United States, with an in Newport News, Virginia, as the ‘‘Herbert H. amendment; Bateman Post Office Building’’; S. 1811, to amend the Ethics in Government Act H.R. 2577, to designate the facility of the United of 1978 (5 U.S.C. App.) to streamline the financial States Postal Service located at 310 South State disclosure process for executive branch employees, Street in St. Ignace, Michigan, as the ‘‘Bob Davis with an amendment; Post Office Building’’; S. 1822, to amend title 5, United States Code, to H.R. 2876, to designate the facility of the United allow certain catchup contributions to the Thrift States Postal Service located in Harlem, Montana, as Savings Plan to be made by participants age 50 or the ‘‘Francis Bardanouve United States Post Office over; Building’’;

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H.R. 2910, to designate the facility of the United Federal Bureau of Investigation, and to examine the States Postal Service located at 3131 South Crater Department of Justice Inspector General report re- Road in Petersburg, Virginia, as the ‘‘Norman Sisi- garding records, information, and technology man- sky Post Office Building’’; and agement issues addressed after the handling of the H.R. 3072, to designate the facility of the United Oklahoma City bombing investigation, after receiv- States Postal Service located at 125 Main Street in ing testimony from Robert J. Chiaradio, Executive Forest City, North Carolina, as the ‘‘Vernon Tarlton Assistant Director, Bob E. Dies, Chief Technology Post Office Building’’. Officer, and Bill Hooten, Assistant Director for BUSINESS MEETING Records Management, all of the Federal Bureau of Investigation, and Glenn A. Fine, Inspector General, Committee on Health, Education, Labor, and Pensions: all of the Department of Justice. Committee ordered favorably reported the following bills: HOMELAND SECURITY S. 1992, Employee Retirement Income Security Committee on the Judiciary: Subcommittee on Crime Act of 1974 to improve diversification of plan assets and Drugs concluded hearings on S. 924, to provide for participants in individual account plans, to im- reliable officers, technology, education, community prove disclosure, account access, and accountability prosecutors, and training in our neighborhoods, and under individual account plans, with an amendment to examine the funding needs of state and local law in the nature of a substitute; and enforcement programs to meet the demands of S. 1335, to support business incubation in aca- homeland defense, including the Community Ori- demic settings, with an amendment. ented Policing Services (COPS) program, after re- DISABILITIES ACT ceiving testimony from Mayor Patrick Henry Hays, Committee on Health, Education, Labor, and Pensions: North Little Rock, Arkansas, on behalf of the Committee held hearings to examine the implemen- United States Conference of Mayors; Mayor Glenda tation of the Individuals With Disabilities Act, as it E. Hood, Orlando, Florida, on behalf of the National applies to children and schools, receiving testimony League of Cities; Michael J. Szczerba, Wilmington from Robert H. Pasternack, Assistant Secretary of Department of Police, Wilmington, Delaware; Wil- Education for Special Education and Rehabilitative liam J. Johnson, National Association of Police Or- Services; Lilliam Rangel-Diaz, National Council on ganizations, and David B. Muhlhausen, Heritage Disability, Washington, DC; Bob Vaadeland, Foundation Center for Data Analysis, both of Wash- Minnewaska Area Schools, Glenwood, Minnesota; ington, DC; and Tommy Ferrell, Adams County Robert Runkel, Montana Office of Public Instruc- Sheriff’s Department, Natchez, Mississippi, on behalf tion/Division of Special Education, Helena; Kim of the National Sheriff’s Association. Goodrich Ratcliffe, Columbia Public Schools, Co- BUSINESS MEETING lumbia, Missouri; and Valerie Findley, Des Moines, Iowa. Committee on Veterans’ Affairs: Committee ordered fa- Hearings recessed subject to call. vorably reported the nominations of Robert H. Roswell, of Florida, to be Under Secretary for FBI REFORM Health, and Daniel L. Cooper, of Pennsylvania, to be Committee on the Judiciary: Committee concluded Under Secretary for Benefits, both of the Department hearings on S. 1974, to make needed reforms in the of Veterans Affairs.

VerDate 11-MAY-2000 07:07 Mar 22, 2002 Jkt 099060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\CR\FM\D21MR2.REC pfrm02 PsN: D21MR2 D282 CONGRESSIONAL RECORD — DAILY DIGEST March 21, 2002 House of Representatives heard from John Morrissey, Deputy Chief Account- Chamber Action ant, SEC; and public witnesses. The House was not in session today. Pursuant to the provisions of H. Con. Res. 360, the House EPA CABINET ELEVATION stands adjourned until 2 p.m. on Tuesday, April 9, Committee on Government Reform: Subcommittee on 2002. Energy Policy, Natural Resources and Regulatory Affairs held a hearing on ‘‘EPA Cabinet Elevation- Committee Meetings Federal and State Agency Views.’’ Testimony was heard from Nikki L. Tinsley, Inspector General, AGRICULTURE, RURAL DEVELOPMENT EPA; John Stephenson, Director, Natural Resources AND FDA APPROPRIATIONS and the Environment, GAO; Karen A. Studders, Committee on Appropriations: Subcommittee on Agri- Commissioner, Pollution Control Agency, State of culture, Rural Development, Food and Drug Admin- Minnesota; and Jane T. Nishida, Secretary, Depart- istration, and Related Agencies held a hearing on ment of Environment, State of Maryland. FDA. Testimony was heard from the following offi- cials of the FDA, Department of Health and Human COMBATING TERRORISM Services: Lester Crawford, Deputy Commissioner; Committee on Government Reform: Subcommittee on Daniel Troy, Chief Counsel; and Jeffrey Weber, Act- National Security, Veterans’ Affairs, and Inter- ing Senior Associate Commissioner, Office of Man- national Relations held a hearing on ‘‘Combating agement and Systems. Terrorism: Protecting the United States—Part II.’’ LABOR, HHS AND EDUCATION Testimony was heard from Peter Verga, Special As- APPROPRIATIONS sistant, Homeland Security, Office of the Secretary of Defense; Stephen McHale, Deputy Under Secretary, Committee on Appropriations: Subcommittee on Labor, Transportation Security, Transportation Security Ad- Health and Human Services, and Education held a ministration, Department of Transportation; William hearing on Center for Disease Control and Preven- A. Raub, Deputy Director, Office of Public Health tion. Testimony was heard from David W. Fleming, Preparedness, Department of Health and Human M.D., Deputy Director, Science and Public Health, Services; Kenneth O. Burris, Director, Region IV Centers for Disease Control and Prevention, Depart- (Atlanta), FEMA; and the following officials of the ment of Health and Human Services. Department of Justice: James Caruso, Deputy Assist- REPORT—U.S. STOCKPILE ant Director, Counter Terrorism, FBI; and Joseph R. Committee on Armed Services: Special Oversight Panel Greene, Acting Deputy Executive Associate Com- on Department of Energy Reorganization held a missioner, Field Operations, INS. hearing on the findings and recommendations of the FEDERAL GOVERNMENT TRANSITION TO report of the Panel to Assess the Reliability, Safety, ELECTRONIC GOVERNMENT and Security of the United States Nuclear Stockpile. Committee on Government Reform: Subcommittee on Testimony was heard from John S. Foster, Chairman, Technology and Procurement Policy held a hearing Panel to Assess the Reliability, Safety, and Security on ‘‘Turning the Tortoise Into the Hare: How The of the United States Nuclear Stockpile. Federal Government Can Transition From Old Econ- ASSESSING THE ASSISTIVE TECHNOLOGY omy Speed to Become a Model for Electronic Gov- ACT ernment.’’ Testimony was heard from the following Committee on Education and the Workforce: Sub- officials of the GAO: Randy C. Hite, Director, Infor- committee on 21st Century Competitiveness held a mation Technology Systems Issues; and Dave hearing on ‘‘Assessing the Assistive Technology Act McClure, Director, Information Technology Manage- of 1998.’’ Testimony was heard from public wit- ment Issues; Mark Forman, Associate Director, Infor- nesses. mation Technology, OMB; Lee Holcomb, Chief In- formation Officer, NASA; Debra Stouffer, Deputy GLOBAL CROSSING BANKRUPTCY Chief Information Officer for IT Reform, Depart- Committee on Financial Services: Subcommittee on ment of Housing and Urban Development; Mayi Oversight and Investigations held a hearing entitled Canales, Deputy Chief Information Officer, Depart- ‘‘The Effects of the Global Crossing Bankruptcy on ment of the Treasury; Laura Callahan, Deputy Chief Investors, Markets, and Employees.’’ Testimony was Information Officer, Information Technology Center,

VerDate 11-MAY-2000 07:07 Mar 22, 2002 Jkt 099060 PO 00000 Frm 00007 Fmt 0627 Sfmt 0627 E:\CR\FM\D21MR2.REC pfrm02 PsN: D21MR2 March 21, 2002 CONGRESSIONAL RECORD — DAILY DIGEST D283 Department of Labor; Janet Barnes, Chief Informa- Parks; and David Hollenberg, Associate Regional tion Officer, OPM; and Lloyd Blanchard, Chief Op- Director, National Heritage Partnerships, N. E. Re- erating Officer, Office of Management and Adminis- gion, National Park Service; and Robert C. Wilburn, tration, Office of the Associate Deputy Adminis- President, Gettysburg National Battlefield Museum trator, SBA. Foundation, York, Pennsylvania. OVERSIGHT SOUTHEAST ASIA ISSUES Committee on the Judiciary: Subcommittee on Immi- Permanent Select Committee on Intelligence: Sub- gration and Claims held an oversight hearing on committee on Human Intelligence, Analysis and ‘‘The INS and Office of Special Counsel for Immi- Counterintelligence and the Subcommittee on Intel- gration Related Unfair Employment Practices.’’ Tes- ligence Policy and National Security met in execu- timony was heard from the following officials of the tive session to hold a hearing on Southeast Asia Department of Justice; Juan Carlos Benitez, Special Issues. Testimony was heard from departmental wit- Counsel, Civil Rights Division, Office of Special nesses. Counsel for Immigration Related Unfair Employ- ment Practices; and Joseph R. Greene, Acting Dep- f uty Executive Associate Commissioner, Field Oper- COMMITTEE MEETINGS FOR FRIDAY, ations, INS; and public witnesses. MARCH 22, 2002 OVERSIGHT (Committee meetings are open unless otherwise indicated) Committee on Resources: Subcommittee on National Senate Parks, Recreation, and Public Lands held an over- No meetings/hearings scheduled. sight hearing on the Status of the Future Visitor Center and Associated Fundraising Efforts at the House Gettysburg National Military Park. Testimony was Committee on Government Reform, Subcommittee on the heard from Senator Santorum; the following officials District of Columbia, hearing on ‘‘Privacy vs. Security: of the Department of the Interior: Paul Hoffman, Electronic Surveillance in the Nation’s Capital,’’ 9 a.m., Deputy Assistant Secretary, Fish, Wildlife, and 2154 Rayburn.

VerDate 11-MAY-2000 07:07 Mar 22, 2002 Jkt 099060 PO 00000 Frm 00008 Fmt 0627 Sfmt 0627 E:\CR\FM\D21MR2.REC pfrm02 PsN: D21MR2 D284 CONGRESSIONAL RECORD — DAILY DIGEST March 21, 2002

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Friday, March 22 2 p.m., Tuesday, April 9

Senate Chamber House Chamber Program for Friday: Senate will be in a period of morn- Program for Tuesday: To be announced. ing business.

Extensions of Remarks, as inserted in this issue

HOUSE Hoekstra, Peter, Mich., E437 Radanovich, George, Calif., E393, E395, E395 Houghton, Amo, N.Y., E439 Reynolds, Thomas M., N.Y., E410 Allen, Thomas H., Maine, E403 Hoyer, Steny H., Md., E407 Riley, Bob, Ala., E395 Baca, Joe, Calif., E401 Issa, Darrell E., Calif., E419, E421 Rogers, Mike, Mich., E396 Baldacci, John Elias, Maine, E400 Kennedy, Patrick J., R.I., E397 Roybal-Allard, Lucille, Calif., E404, E405 Barcia, James A., Mich., E429 Kucinich, Dennis J., Ohio, E415, E418, E421, E434 Rush, Bobby L., Ill., E422, E425 Barr, Bob, Ga., E397 Lantos, Tom, Calif., E402 Ryan, Paul, Wisc., E432, E434 Barrett, Thomas M., Wisc., E403 Larson, John B., Conn., E403 Schakowsky, Janice D., Ill., E433 Boehlert, Sherwood L., N.Y., E438 Lee, Barbara, Calif., E431, E438 Schiff, Adam B., Calif., E404, E405, E406, E407, E409, Bonior, David E., Mich., E401, E413 Lewis, Jerry, Calif., E434 E410, E412, E413, E413, E426 Bono, Mary, Calif., E400 Lowey, Nita M., N.Y., E403 Shaw, E. Clay, Jr., Fla., E416, E420 Borski, Robert A., Pa., E429 McInnis, Scott, Colo., E413, E414, E416, E419, E421, Shays, Christopher, Conn., E432 Burton, Dan, Ind., E426 E424, E425, E428, E429 Shows, Ronnie, Miss., E437 Camp, Dave, Mich., E433 Maloney, Carolyn B., N.Y., E412 Slaughter, Louise McIntosh, N.Y., E407 Capuano, Michael E., Mass., E408, E429 Matsui, Robert T., Calif., E435, E438 Smith, Christopher H., N.J., E430, E436 Clay, Wm. Lacy, Mo., E409 Miller, Jeff, Fla., E394 Solis, Hilda L., Calif., E396, E428 Conyers, John, Jr., Mich., E432 Moore, Dennis, Kansas, E414, E417, E420, E422 Stark, Fortney Pete, Calif., E402 Crowley, Joseph, N.Y., E432 Morella, Constance A., Md., E401 Stump, Bob, Ariz., E410 Cubin, Barbara, Wyo., E398 Myrick, Sue Wilkins, N.C., E400 Tiberi, Patrick J., Ohio, E431 Davis, Susan, Calif., E431 Ney, Robert W., Ohio, E434 Tierney, John F., Mass., E396 Davis, Tom, Va., E425 Nussle, Jim, Iowa, E406 Towns, Edolphus, N.Y., E393, E394, E395, E396, E435, Dicks, Norman D., Wash., E431 Ose, Doug, Calif., E439 E436, E437, E437 Etheridge, Bob, N.C., E435 Pastor, Ed, Ariz., E393 Udall, Mark, Colo., E422, E426 Forbes, J. Randy, Va., E397 Paul, Ron, Tex., E428 Udall, Tom, N.M., E404, E405, E407, E408 Gallegly, Elton, Calif., E400, E438 Pitts, Joseph R., Pa., E416, E420 Underwood, Robert A., Guam, E406 Hart, Melissa A., Pa., E398 Platts, Todd Russell, Pa., E424 Visclosky, Peter J., Ind., E394, E395 Hastings, Alcee L., Fla., E404 Pomeroy, Earl, N.D., E412 Walden, Greg, Ore., E398 Hinchey, Maurice D., N.Y., E393 Price, David E., N.C., E398 Wamp, Zach, Tenn., E435 Hoeffel, Joseph M., Pa., E397 Putnam, Adam H., Fla., E427 Wolf, Frank R., Va., E399

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