Dick Gephardt

Mr. GEPHARDT

Mr. GEPHARDT. Mr. Speaker, this has been a very difficult process of putting this bill together. A lot of people, I assume, out in the public are asking why are we doing this for the airlines; there are a lot of other industries that have been affected. I urge us all to understand that airlines were affected uniquely in this tragedy. Four planes were used as missiles of mass destruction; and because of that, the government of the United States ordered 2,200 planes that were in the air at the time to get on the ground as fast as they could, wherever they were, and that happened in about 2 hours. When that happened and it persisted for the days after, the heart of our economy was affected. Air transportation affects everything that we do in our society. It affects every business and every enterprise and every activity. So a dagger was put into the heart of our economy as planes were put into these buildings. So on this, because it is a national emergency, and what we acted on last week, we have tried to act with unity and together, as we should, as we must, as people expect us to. But I keep getting asked by people in the media and the press, how long will this bipartisanship last? And the truth is, I do not know the answer. Then, I am always happy to tell them something that I think a lot of our citizens and maybe even we tend to forget. We are here to disagree. That is what we do. We do that because we each represent a half a million people who all disagree most of the time. If we were not here expressing their heartfelt views, democracy would not work and we would not be doing our job. Disagreement is normal and healthy in our great, vibrant democracy. If we were agreeing all the time the way we are tonight, that would be abnormal and, in the long run, unhealthy. Tonight, in my humble opinion, agreeing and acting to save this industry and keep it going forward is in the highest and best interest of all the people of our country. There are good things in this bill, and I want the Members to know that it is not an airline bill. It is a bill to keep these airlines going. They are operating tonight at about 30 percent of the capacity that they had the day before this event happened. So this is a bill to not only shore up the airlines, it is to help the baggage people keep their job and have a job in the next days and weeks hopefully. It helps the ticket attendants. It helps the flight attendants. It helps the pilots. It helps the hotel employees who are hoping that people will come back to hotels and the food service and all of the people who have been so deeply affected by this disaster. It is also not the bill that I wanted. It has some glaring omissions from my viewpoint, because while we are still trying to keep the people that are working working, we have about 100,000 or more people tonight who are not working, who have been laid off and are unemployed unexpectedly. So they are asking us, I think, tonight and when we go home they will ask us, how can I get unemployment comp if they do not qualify for it? Some of these folks do not. And further than that, how can I keep my health care going? How can I protect my family? We need to consider that and how we are going to get them trained to take other jobs if this, God forbid, persists. So we are learning tonight, in many ways, that bipartisanship is hard. You cannot get everything you want. You never do. I guess we have kind of gotten out of understanding what that means. It is kind of maybe the way we have operated over the long period of time. Bipartisanship means you get some things you really want and you give up some things that you really want. Finally, let me talk to my colleagues for a moment about what has happened in this horror to our American family. Our American people have been so violated by what happened on September 11, it has affected all of us. The stories of the cell phone calls, the stories that New York Members told me this afternoon of talking to their constituents, calling a young man to say that you got your West Point appointment and the young man saying my father is dead and that is the one thing in his life he wanted to hear. The stories go on and on and they hurt. They make us cry. I find myself crying at least two or three times a day, and you do, too. We have been so damaged by this, so violated, and we want answers. I think of my own kids, how would I feel if one of them had been killed or my wife, imagine the grief and the sadness; and we all want to find somebody to blame. One of the things that worries me the most and that I think about every day, we cannot just lay this on the CIA or the FBI or somebody else. We all failed. The prime responsibility of government is to keep our people safe, and we failed the other day. Not by motive and design. We failed as a people, and we are going to do better. We are going to make our planes safe. We are going to make our country safer. We are going to have homeland defense. We are going to do better than we did, and this bill that caps the airline liability, and this is something we fought for last night, does not cap the damages that these families who have lost so much can possibly get. I hope tonight and in the days ahead, in the face of this unspeakable hatred and evil, we, together with the American people, will demonstrate love and compassion and tolerance in everything that we do and say as we fight against this evil. At this time of incredible pain, we must be at our best, so that the army of terrorists and evil never, ever gains one more recruit. That is our mission, that is our responsibility, and we will prevail.

Mr. GEPHARDT

Mr. GEPHARDT. Mr. Speaker, I would like to thank the Speaker of the House. He has dealt with me through these difficult days in an honorable and very good way. I appreciate it. I know all the Members appreciate it on our side as well.

Mr. GEPHARDT. Mr. Speaker, as we work to address the problems affecting our airlines, we must not forget the men and women who have lost their jobs as a consequence of the tragic events of September 11. These workers are without income, without health care coverage for themselves and their families, and without a clear path right now to future employment opportunities. I had hoped that we would be able to include something in this package to meet the needs of these American workers and their families. In my view, it is not right, and it is not fair, for these workers and their families to be denied these fundamental necessities after having lost their jobs through no fault of their own because of this national disaster. Working families are the backbone of our economy and our greatness as a Nation. I would hope that we would not ignore their plight now. I would ask the Speaker, who has worked hard with us to produce this legislation, if he could commit to me to address this problem in the coming weeks.

Mr. GEPHARDT

Mr. GEPHARDT. Mr. Speaker, I ask all Members to vote for this resolution that I co-sponsor with my colleagues urging people to fly the American flag. Tuesday's act of terrorism is one of the greatest challenges in the history of our country. In times of austerity, in times of national tragedy--and this is the greatest we have ever seen on U.S. soil--it is important to unite, to come together, to comfort, indeed, to `rally around the flag.' In light of the tragedy that has struck directly thousands of families, we urge people to fly the flag as a show of solidarity with all the victims of this horrible assault on humanity, on the United States. The flag is an enduring symbol of American democracy and American freedom. It is a symbol of the courage and the bravery and the essential human kindness of our people. Its display--especially at times of national tragedy--is yet another in a number of spontaneous and empowering, very human responses that we have witnessed in the last 48 hours. Let the flags around the country as they fly and are displayed in neighborhoods and on our buildings, send the signal that the United States remains united. We are so sorry and in such sorrow at the horrible loss of life and the unspeakable agony of those affected by this event. We are equally determined to ensure that the perpetrators of this crime will be found and properly punished. We will do everything in our power to make sure that what happened a couple days ago never, ever happens again. Finally, we are determined to adjust and adapt to this new world to give our government and our country and our people and institutions the support and unity which all of us need at this most trying moment for America and the American people.

Mr. GEPHARDT

Mr. GEPHARDT. Mr. Speaker, first, I thank you and your colleagues for working so hard with all of us to present a completely united front to our foes and to the world in this time of grave emergency in our country. I rise to address my colleagues, though today we all know we are more than that. Today, we are all American brothers and sisters, because the family of America has been attacked, and we have gathered together to begin the process of healing and then defending our American family, our beloved Nation. What was the purpose of Tuesday's attack? Terrorism's simple goal is that it is embedded in the word ``terrorism'' itself. It is to create terror. That was the real goal of Tuesday's attack. Well, we can report to the world that we are fighting and winning the battle against terror in America today. In America today, there is a strong, clear, cold conviction. We will punish those who committed these acts, and we will make our Nation safe again. America is as united as it has been in its history. Death and tragedy was one result of Tuesday's attack. What the terrorists did not know is that they would create so much American unity. The act of terror and inhumanity has produced American heroism that few people have witnessed in their lifetimes. Before our very eyes in the last 3 days we have seen another generation rise to the moral challenge of our time. Jeremy Glick, on the United flight which crashed in Pennsylvania, called his wife on a cell phone to say his plane had been hijacked, and three of us, he said, are going to fight. His wife told him about the attack on the World Trade Center. We have credible reason to believe that he and other passengers brought down their plane so that others could live another day. New York City Fire Chief Peter Ganci stood with a multichannel radio at the foot of One World Trade Center, and with smoke swirling around his head, trying amid the chaos to organize the rescue effort, the building collapsed. The chief died. New York City Fire Department Chaplain Mychal Judge went to the tower to minister to victims. He was hit by debris in the head. He died. More than 250 firefighters ran into the building that others were running out of so that they could try to get up the steps to save others. They are all missing. Yesterday, when I went to the Pentagon with Members here, a general told of how a woman found one person passed out with fumes in the aftermath of the attack. She lifted the person up, he said, threw her from the window and then saved the person's life and then threw herself out the window to save her own life. New Yorkers line streets in Manhattan holding signs and flags in celebration of our rescue workers going off to rescue other Americans. Americans descended on emergency centers, set up by workers from the Red Cross, stood for hours in line so they could give their blood so life could be pumped into the lives of the wounded. There was a story this morning on the radio of a volunteer rescue worker who said he was in New York digging through rubble in search for survivors because, he said, we are digging for freedom. Our people, the wonderful, good, decent people of this country are responding in heroic ways, and they are fighting back against this absolute evil that visited itself on our great country on Tuesday. They are rising to this challenge just as earlier generations have met challenges that confronted them. Congress debates this historic resolution in their spirit and with them for our inspiration and as our guide. We literally and figuratively tonight are following the lead of the American people. Humanity at its best. Alexis de Tocqueville in the 19th century observed about our country and its people, he said America is great because she is good, and if America ever ceases to be good, America will cease to be great. Everything that is happening today is happening because Americans are still good and America is still great. Finally, we must recognize and understand a fundamental truth. Our foes caused enormous death and destruction, but their greater goal is to instill fear in the heart of every American. We will conquer that foe. We will not be defeated. We will not succumb. We will not fear. We will always rise up, as we have through our history, and we will face fear down. Our challenge is to draw on the goodness, the decency, the bravery, and the humanity that has always defined this great country. I know in my heart we will prevail. We will face this foe, and we will not adopt the characteristics of those who attack us. We will not forget the civil liberties of our people. We will not discriminate. We will not use prejudice. We will not succumb to hatred in fighting this foe. We will not be divided. Two months ago, the Foreign Minister in Germany told me that what he found so impressive about America was that he had never known such a powerful Nation to use its power so responsibly. I have faith in ourselves, in our fellow human beings; and I have faith in God to see us through. I am guided in my belief by my faith, which is best expressed in the hymn, ``Be Not Afraid.'' ``Be not afraid. I go before you always. Come, follow me, and I will give you rest.'' Our people have courage, our military will defend, our President will have our support and our trust to bring our foes to justice; and with God's help, we will be free and our people will be healed.

Mr. GEPHARDT

Mr. GEPHARDT. Mr. Speaker, I yield the balance of my time to the gentleman from California (Mr. Lantos). General Leave

Mr. GEPHARDT. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I thank the majority leader for bringing this resolution with me and all of our Members. I appreciate his cooperation, the cooperation of the Speaker, and all the leaders of Congress, all the Members. Mr. Speaker, this is a moment for all of us as a people to rise to the occasion, to rise to the challenge. We bring this resolution forward with a heavy heart, but with an unbowed spirit to condemn with one voice the senseless acts of heinous violence that were committed against thousands of our people, to send a signal that we are determined to begin the healing process, and to serve notice that we will take immediate decisive steps in the days ahead to make sure that this never, ever happens again on American soil. Today we gather in sorrow for the military heroes who have lost their lives at the Pentagon, for the thousands of Americans in New York who lost their lives in the horrible explosions at the World Trade Center, and for the countless brave Americans who perished on airplanes hijacked by ruthless terrorists and made into instruments of mass destruction. We salute the incredible, wonderful, heroic rescue workers, medical personnel, firemen and firewomen, policemen and policewomen, who literally ran back in the buildings that crashed around their heads in order to save the lives of others. At this very moment as we meet on the House floor, countless rescue workers are still fighting tirelessly to find people who might be alive in the rubble and trying to bring life back to them, and hundreds of individual unnamed Americans are stepping forward to volunteer, to give blood, to give money, to give time, to volunteer to participate to save lives and to bring people back. We have been so moved by the pictures on the television of rescue workers trying to bring people back to life. I have been moved by their patriotism, by their bravery, their resolve, their willpower, their love for other people at a time of great danger for themselves. This generation of Americans is rising to the occasion, as Americans have always done. I have watched these rescue workers, their bodies covered in soot and dirt and blood, sitting on sidewalks, trying to get their breath, trying to find their surroundings, operating without sleep and help, doing everything in their power as human beings to help others, and giving their lives in order to do it. In the days ahead, we are going to hear more stories of more heroes, true-to-life heroes, who sacrificed in all kind of ways; and, unfortunately, we are going to hear more stories about more victims who succumbed to the violence of these terrorists. In the days to come we as a Congress will be taking the steps to restore American national security and to punish those responsible for this act of war against the United States of America. We will not rest until we find the perpetrators of this highest, most heinous act of crime against our people and against the United States and against civilization and against humanity. This is war; and we will do everything in our power together to make sure that terrorists never, ever again can create this mayhem, this chaos, this violence against our people and our country. This resolution makes clear terrorism is a different, sinister kind of threat that faces all Americans and all people of this world. It demands the strongest possible response from our Congress and from our country. We must review our priorities for spending on national defense and put necessary resources into programs to combat this threat, to ensure that what happened yesterday never, ever happens again. This Congress is united, Democrats, Independents, Republicans. There is no light or air between us. We stand shoulder to shoulder. We will trust one another in the days ahead. We will trust the White House, and we will ask to be trusted in the highest sense of that word, to find the answers that we can agree on to solve this problem, once and for all. Freedom, freedom in America has burned for everyone in this world for over 200 years. Freedom was founded by our founding ancestors. What happened yesterday changes the nature of freedom in this country and every country forever. We live in a new world, and we will never go back. As leaders, we must find a new balance with our people between freedom and security. We must summon among ourselves our highest and best thought, our highest and best action, so that we can help lead our citizens to a new understanding in a new world of what it means to be free and also secure. Freedom will not be defeated because of the power of our ideas, the values of our democracy and humanity, and because of the wonderful, heroic American people who each day breathe life into the ideas of freedom and democracy. I ask my colleagues to vote for this resolution to condemn this attack, the worst attack in the beloved history of America; and let us move forward as one Nation, one people, for the sake of every single person on this entire planet who believes in freedom and believes in civilization and believes in humanity. Let me end with the words of an old hymn that I love so much. We ask today for God's help. When we face the unexplainable, when we face evil, we must turn to God. As the hymn said, ``And he will raise you up on eagles' wings, bear you on the breath of dawn, make you shine like the sun, and hold you in the palm of his hand.''

Mr. GEPHARDT

Mr. GEPHARDT. Mr. Speaker, America, our blessed Nation, suffers today. Terribly. Terrorists sought to use fear as a weapon against every person in this Nation. They do not know America, and they do not know Americans. They think freedom is our vulnerability. It is our strength. We will need that strength in the days ahead. Throughout our proud history we have met every challenge, and we will meet this challenge. Mr. Speaker, we are united in mourning for all of our fellow citizens who were injured and died. I have been so moved while watching television and seeing the heroism, the courage, the patriotism, the bravery, the goodness of our people trying to help one another, save one another, bind up our wounds, and find those who have been lost. Our hearts go out to every person, every family that has been touched by this awful tragedy, and to all the families at this very moment who are enduring an unspeakable, unimaginable horror in their lives. In times of national tragedy, Americans have always come together, strengthened our resolve, and faced adversity squarely while giving aid and comfort to every victim, every family member, every relative, every person affected by the tragedy. On this occasion, we are once again showing the world what it means to be an American. We make a solemn pledge that we will honor all of the victims by committing ourselves to defend our land, our families and our freedom. Today we go back to work in Washington, in New York, and all around the country; and we are determined to show the world that America will not be defeated by anyone. Finally, we will do everything within our power to bring these heinous terrorists to justice, to address this act of horrible, despicable cowardice, and to ensure that something like this never, ever happens to our people again. We should also recognize that our public spaces, the heart and soul of American freedom, American ingenuity and American entrepreneurship, were violated yesterday in the most heinous way. We must, in one voice, work to reassure the American people that they are safe on the streets, in the air, and in all of our buildings no matter where they live or work. This Congress, in a nonpartisan way, will work as hard as humanly possible to make sure that our people have the safety they demand and deserve, and that terror is defeated completely and finally. Make no mistake, this was an act of war against the United States and all of our people; and we will not be divided. All of us, the President, the Congress, and the American people, are today, and will be tomorrow and in all of the tomorrows, totally and completely united in our determination to begin the process of healing and to take swift action to see that the people who committed this horrible crime are properly punished. May God shed His grace on this great and wonderful country and all of our people.

Mr. GEPHARDT

Mr. GEPHARDT. Mr. Speaker, last January, I traveled to South Korea, Cambodia and Vietnam to discuss issues of peace, reconciliation, trade and security between the United States and Asia. It was a remarkable trip that helped us to learn. We learned so much about Vietnam and I became convinced that implementation of this Bilateral Trade Agreement is the right policy both for the Vietnamese and the American people. Therefore, I urge Members to vote for the Vietnam trade agreement to establish a regular trade regime between the United States and Vietnam. Thanks to Pete Peterson, former Ambassador to Vietnam, thousands of American and Vietnamese veterans, and the hard work of literally millions of people we have made large strides in reconciling our two nations after the agony of the Vietnam war. Over 50,000 Americans died in that conflict, thousands more were injured, and the war took the lives of hundreds of thousands of Vietnamese and left the country devastated. Pete Peterson has said: ``We cannot change the past. What we can change is the future.'' Working in this spirit, America and Vietnam have established diplomatic ties, undertaken joint efforts to locate the remains of those still missing in action, and trade between our countries has increased. Last year, the United States and Vietnam completed this bilateral trade agreement, to set the stage for an even closer relationship between our nations and a trade regime that is more robust. On the last night of our trip, I spoke in Hanoi to the American Chamber of Commerce. That night, it became clear that both Americans in Vietnam and the Vietnamese wanted free and fair trade to lift up the lives of both our peoples. There is a hunger not to forget but to use the war as a springboard for healing and hope for the future of both countries. Virtually everyone we met said they wanted to join the global community and reap the benefits of the twin revolutions in trade and technology that are sweeping the globe. Our challenge is to work with Vietnam among other partners in trade to bend globalization for progressive ends: to make sure globalization produces higher living standards and stronger economies in developing and developed nations alike. This agreement is only a first step to raise living standards in Vietnam. It is not a free trade agreement. It establishes a formal trade relationship between our countries, lowering tariffs, increasing the flow of trade, and providing important new protections of intellectual property and investments in Vietnam by American companies. I hope that passage of this agreement will eventually help to strengthen labor rights and human rights for the Vietnamese people. We must continue the dialogue developed by Ambassador Peterson on labor rights and the U.S. technical assistance program. Also, I strongly support the suggestion from Congressman Levin, among others, that any textile agreement between Vietnam and the United States include a provision to promote labor rights. The model for such a provision lies in the agreement between America and Cambodia, to provide positive incentives in which we have promised to increase textile quotes once progress on labor issues has been established. I urge the Bush administration to continue to press in Vietnam for progress on human rights and religious freedom. If Vietnam moves towards the rule of law in commerce, I believe that it must also make progress in freedom for the Vietnamese people. Since the war ended in 1975, our countries have traveled on a journey, often difficult and agonizing, yet remarkable all the same; a journey defined by peace and reconciliation, motivated by healing and deeper human understanding. This trade agreement moves both countries forward in this remarkable effort. It is a positive development for both people. I hope all of my colleagues will support this resolution, and help us take another step on the road to healing and hope for all.

Mr. GEPHARDT

Mr. GEPHARDT. Mr. Speaker, I urge Members to vote against this rule. I urge Members to vote against the Norwood amendment if the rule is approved. This is a bad rule, but more importantly, this is a bad bill. This is not a Patients' Bill of Rights, this is an HMO and health insurance company bill of rights. If the Norwood amendment passes, we are giving HMOs and health insurance companies, who make many of the important health care decisions in our lives today, a different standard of accountability than doctors who make other decisions in our lives. We are treating HMOs and health insurance companies in a preferential way, as compared to doctors and nurses and hospitals that are held responsible for their medical decisions. If the Norwood amendment passes, what started out to be a Patients' Bill of Rights becomes a dream bill for HMOs and health insurance companies. They will have achieved what they often try to achieve in making medical decisions, which is how to save money, how to make more profit, not how to give people quality health care. Let us look at just three things that Norwood changes in this bill that are dramatic changes in our legal system as it applies to only HMOs and health insurance companies. First, there is a presumption, a presumption that if you lose at the arbitration level, at the board level of appeals, against the patient, there is no presumption against the HMO and the health insurance company; in no other area of our tort law do we have that kind of presumption. Why would we want to give a presumption against the patient, but not the HMO or the health insurance company? It is a stunning abdication to the HMOs and health insurance companies. Secondly, and perhaps worse, this bill, if Norwood passes, will preempt State tort laws. Our friends on the other side of the aisle are fond of saying we need a Federal system; we need States to have discretion. We have to look to States to put these laws in place, but by the same token, when it suits them, because it suits the HMOs and health insurance companies, then it is fine to preempt the State laws; and for the first time in the history of this country, we will have a Federal tort law that applies to malpractice and injury caused by HMOs and health insurance companies. So States like Missouri or Texas or California who have passed a good patients' bill of rights will have all of that wiped out, and if a patient gets to court, can get through the maze to get to court, they will be faced with a Federal tort law, not the law of their State. Thirdly, damages. We have $1.5 million cap on noneconomic, on punitive, and that sounds like a lot of money. The problem with that is that in many cases, that will be less than what one would get if one was under State law. And even though it sounds like a lot of money, let us stop for a minute and think about some of these cases. Let me give my colleagues an analogy. There are a lot of cases now about rollovers, Firestone cases. People have been gravely injured. I heard of a woman who has two children; she rolled over and was badly injured. She is now paralyzed; she is what you call a ``shut-in.'' She can only move her eyes. She is on a ventilator. What if she were a victim of malpractice by an HMO or a health insurance decision? What if she were limited to $1.5 million with the responsibility at her age to raise two kids? What if she were limited to a new Federal tort law for the first time in our history, rather than being able to use the law of her State to be justly compensated for being injured in this way? This is a stunning reversal for the patients and the people of this country. This is special-interest legislation. This is doing the bidding of health insurance companies and HMOs over the interests of the people that we represent in our districts. This is a stunning abdication of what we should be fighting to protect for the people that we represent. I defy any of us to go into a hospital room of someone who has been done in by bad decisions made by HMOs and health insurance companies and look them in the eye and say, I voted today to take away your rights, to preempt your rights, to set up a new Federal tort law that has never existed in this country. In the name of God and common sense, I hope Members will vote against this rule and vote against the Norwood amendment if it passes. Stand for the people that you represent in this country. You have a solemn obligation to fight for their interests and rights and not the profit and the money for the health insurance companies and HMOs. I beg you to vote against this rule, vote against the Norwood amendment if it passes; and if the Norwood amendment goes in, vote against this legislation.

Mr. GEPHARDT

Mr. GEPHARDT. Mr. Speaker, I rise to ask Members to vote against this unfair rule which stifles debate and in our view undermines our energy future and undermines our economic future and the future of Medicare and Social Security. All we asked for was an amendment to deal with the glaring flaws in this bill, for an effort to make the bill better and stronger, more fiscally responsible. All we wanted was an hour. One hour, 60 minutes, is all we asked the Committee on Rules for to put out an alternative vision on energy policy to the American people. That hour request was refused. This in my view suppresses a free and fair dialogue in this House of what one of our most important policies should be. We have been shut out and shut down, I guess because somebody was worried we might win the amendment. What was the amendment? We think it is an amendment for a balanced energy policy. We believe in more production. We believe in more oil and natural gas for the American people. We believe, however, that there should be balance. We need renewables, we need solar, we need wind energy, we need incentives for people to buy more energy-efficient cars. I come from a part of the country where we make a lot of cars. If we are going to talk about increasing efficiency standards, we have got to help the auto companies be able to have demand for the automobiles that increase efficiency. Those kinds of provisions are not in this bill. We wanted to add them to the bill. We get no right to do that. The minority asked for one thing to be put in the bill, this series of amendments that we think brings balance to the bill, and we are shut out. There is another thing we wanted to do in the bill, and that is pay for it. We have been saying for 6 months that the fiscal road we are on is going to cause us to go into the Medicare and ultimately the Social Security Trust Funds. We come out here every 6 months and pass another lockbox. It is an illusion. It is a deception. It is all designed for consumption of the public when in fact and in truth if this bill passes today, we will be in the Medicare Trust Fund big time. And we are doing it without even a debate about an alternative. This is an outrage that we should have a rule like this that cuts off debate on the most important energy debate and the most important fiscal debate that this country will ever have. It is a bad rule. It is unfair. It is wrong that this country cannot have the proper debate that we ought to be having on this floor today. It is a shame that this rule is on the floor. I urge Members to vote against the rule. Let us get a fair rule that is good for the future of this country.

Mr. GEPHARDT

Mr. GEPHARDT. Mr. Speaker, I strongly support the Employment Non- Discrimination Act (ENDA) which is being reintroduced today. This bill will make sure that individuals have protections against workplace discrimination on the basis of sexual orientation. Today, there is no federal law to fight discrimination of this kind. This is unacceptable. Under current law, law-abiding, hard-working Americans can be denied a job, fired or discriminated against in other ways simply because they are or are perceived to be gay or lesbian. ENDA will extend the promise of equal opportunity and civil rights to more Americans. Twelve states have such laws on the books. The private sector realizes the need and value of these workplace protections; in fact, more than 50 percent of Fortune 500 companies have nondiscrimination policies which include sexual orientation. And an overwhelming number of Americans support equal workplace rights for gay and lesbian Americans. This legislation says simply that discrimination in employment because of sexual orientation is illegal, and will not be tolerated. This is strong, badly-needed legislation for countless Americans who have suffered, or who are vulnerable to discrimination because they do not have protections similar to those afforded millions of their fellow citizens. I strongly hope that we will debate and pass this bill this year.

Mr. GEPHARDT

Mr. GEPHARDT. Mr. Chairman, I rise in strong support of the Lee amendment to increase United States funds to fight the global HIV/AIDS pandemic and also in support of the McGovern amendment which will improve the health of mothers and children and combat the spread of infectious diseases around the world. I commend the authors and cosponsors of these amendments for bringing them before us today. These two necessary and complementary amendments will enhance our efforts to help stop the spread of many terrible diseases, including polio, tuberculosis, and AIDS, and help children and their mothers around the world survive. The terrifying statistics about the HIV/AIDS pandemic, which is ravaging sub-Saharan Africa and threatens to do the same in many other regions around the world, are becoming all too familiar. Twenty-two million people world wide have died from AIDS, nearly double that number are living with HIV/AIDS, and if we don't take effective action 100 million people could be infected with HIV within the next four years. And a staggering number of orphaned children have been left by parents who have died because of AIDS. But this pandemic is taking its toll not just in these personal terms. It is wreaking havoc on the economic and social fabric of many nations. In addition, this pandemic presents us with an international security problem as it fuels military instability, as well. But we cannot allow the enormity of the problem to numb us or convince us that this pandemic is beyond our ability to fight it. Instead, the scope of what we face must serve as a siren calling us to take even stronger action than we have to date. I remain convinced that winning this battle is the moral imperative of our time. So let us marshal the resources we need and let us make sure we are using those resources wisely. We should pass these amendments to help us mount a comprehensive fight against HIV/AIDS and other deadly diseases.

Mr. GEPHARDT

Mr. GEPHARDT. Mr. Speaker, I rise first to thank the Speaker of the House and the majority whip and all of the Members of the House who today, with one voice, rise on this floor to pay tribute to the brave, courageous heroes who gave their lives so that others could live: Officers Gibson and Chestnut. I rise today in sorrow at the loss that occurred here in the people's House 3 years ago today. In the aftermath of this event, as we gathered around the families of both officers Gibson and Chestnut, we voted never to forget their acts of bravery and to memorialize what they did for us and their country on that day. Officers Gibson and Chestnut literally saved the lives of countless Members of Congress, our staffs, and countless visitors who pass through our halls every day to visit this shrine to our American democracy. We owe them a gratitude for which words alone do no justice. These two men, strong and decent, rank in the legion of honor of those who died so that freedom may live in the everyday lives of all Americans. They remind us that all of the officers who work in this building are real heroes of our democracy; they are guardians of our way of life. They are the men and women who face danger every day, and who are pledged to protect this citadel of freedom so that the people's business can be conducted, and so that people can visit this site of our government and take part in our democracy. Mr. Speaker, let me say that I have the honor of being served by two similar plain-clothes officers, and I want to again, as I did 3 years ago, take this opportunity to thank them and all of their colleagues who protect this building and all of us on a daily basis. We will never forget the sacrifice of these two officers. We will always cherish them and their families, and we will never forget that they died so that others could live and be free.

Mr. GEPHARDT

Mr. GEPHARDT. Mr. Speaker, I rise in opposition to the annual request for Normal Trade Relations (NTR) status for China and support H.J. Res. 50 to reject this request. While I hope and believe we should continue to seek engagement with China and other nations around the world, I also think it's clear that on the key issues of trade, human rights and rule of law, the behavior of the Chinese regime has deteriorated in the past year. The Chinese leadership fails to respect or support the aspirations of its own people. Unfortunately, when it comes to trade and other relations, China is not yet a responsible partner in the international arena. Most worrisome is the ongoing record of human rights abuses detailed in the State Department's ``Country Reports on Human Rights Practices for 2000.'' The report states: ``China's poor human rights record worsened during the year, as the authorities intensified their harsh measures against underground Christian groups and Tibetan Buddhists, destroyed many houses of worship, and stepped up their campaign against the Falun Gong movement. China also sharply suppressed organized dissent.'' China's abuse of academic experts who simply want to study that nation's economic, political and cultural systems has been well documented in the past year. Both Chinese and American citizens have been swept up in the Chinese government's attack on academic freedom. Earlier this year, I wrote Chinese authorities to protest the detention of several Chinese-born U.S. citizens or permanent residents detained in China. Two of these individuals have been formally charged with espionage, though no information or evidence has been presented to justify these charges. Another was sentenced to a three year prison term for ``prying into and illegally providing state intelligence overseas,'' after she attempted to document the forcible detention of Falun Gong members in mental institutions. Others remain in detention and under interrogation. I have strong reservations about the granting of the 2008 Olympic Games to Beijing, in light of China's poor record on the individual rights and freedoms that this competition embodies. However, with this award, the Chinese government should know that its human rights abuses will be scrutinized because of the increased attention that China will receive during preparations for the 2008 Olympics. While this is likely to be the last vote on annual NTR for China, I am confident that the Congress will not abandon its role of monitoring Chinese abuses of human rights. The newly established Congressional- Executive Commission on China will assist the Congress in maintaining its traditional tough scrutiny of the Chinese government. China has a track record of suppressing the yearning of the Chinese people for democracy, and cracking down on those who would fight for their freedom, and a nation that does not respect the rule of law will not likely be interested in protecting intellectual property or other pillars of normal trade relations. I urge my colleagues to consider the reality of the situation in China as it is today, and to join me in affirming the bedrock values of our society. I urge my colleagues to turn back annual NTR until China becomes a responsible nation in a free and fair international trade regime.

Mr. GEPHARDT

Mr. GEPHARDT. Mr. Speaker, I rise to speak in favor of this substitute. I believe it is a superior bill to deal with this very important problem. I am saddened to stand before the Members in opposition to the language of the bill that is on the floor. In my view, this bill represents a missed opportunity to extend the good works of faith-based organizations. I am a strong supporter of not-for-profit and faith-based organizations. I believe they provide tremendous help to people all over this country. They feed the hungry. They put roofs over people's heads. They tend to the most underprivileged in our society, the poorest members of our communities. They are vital to every community in America, and as forces for good in our society, they are simply irreplaceable. But I do not believe that we should accept the premise of the legislation before us. I believe in the Golden Rule: ``Do unto others as you would have them do unto you.'' I do not think that we should expand government support for institutions at the expense of fundamental civil rights and antidiscrimination protections for all Americans. Millions of people, African Americans, Hispanic Americans, women, gays and lesbians, the disabled, people of all different faiths, enjoy more opportunity and equality because of the these laws. These are living, breathing parts of the American democracy, making a tremendous difference in people's everyday lives. I believe the President's faith-based initiative rolls back these protections; protections which ironically our leading reverends and Rabbis and religious luminaries have fought for and won; protections which further the fundamental humanist principles of equality, individual liberty, and freedom. The consequences of this bill, unintended or not, are that it will be easier for these important institutions to ignore fundamental State, local, and Federal antidiscrimination laws. Just last week, The Washington Post reported that the Bush administration had reached some kind of an agreement with the Salvation Army. In exchange for political support, the White House would consider exemption for the Salvation Army from local and State laws protecting gay Americans from discrimination. This was a sad development, and it indicates the kinds of problems this law creates for potentially millions of Americans in every corner of our society. I am also concerned that the bill has a tax incentive that is not paid for, and a very small incentive that will have little or no effect on charitable giving. We continue to worry about going into Medicare and Social Security Trust Funds in this budget, and we should not pass new tax breaks without finding offsets so we do not invade these critical programs. Finally, I think this bill violates the fundamental church-State separation that is still a fundamental principle of our democracy. This bill will invite government regulation of religious institutions; and through a little known loophole, it will invite government scrutiny of the allocation of government-wide vouchers, which will blur the line separating church from State, weakening our Bill of Rights. In short, I do not think this bill is what the American people want, and I do not believe this is what the House of Representatives wants for our country. Americans enjoy the wonderful protections afforded by the Bill of Rights, the Civil Rights Act of 1964, and the countless critical civil rights laws at State and local level. They have made more freedom and more equality everyday reality in people's lives. I urge Members to vote for this substitute so that we can support faith- based institutions in ways that will not harm the people of this great democracy but will uphold the role of faith in our great and diverse Nation.

Mr. GEPHARDT

Mr. GEPHARDT. Mr. Speaker, I would like to express my support in protecting the sanctity of our Nation's greatest symbol of freedom and liberty: the American flag. Regretfully, prior obligations to my constituents in St. Louis keep me from being present to debate this bill on the floor. I therefore submit this statement for the record. In 1989, the U.S. Supreme Court struck down a Texas statute that provided criminal sanctions for the burning of an American flag. In a 5-4 decision, the Court provided that the desecration of the flag was an act of free expression, a freedom protected under the first amendment of our Constitution. On behalf of all the men and women who fought and died for this nation, for their families, and for all Americans, I join my colleagues in supporting H.J. Res. 36, the Flag Protection Constitutional Amendment. My support of this amendment is consistent with my votes cast in favor of past successful attempts in the House of Representatives to protect this American treasure. I often meet with the many veterans from my district, those who served our Nation courageously in World War II, Korea, and Vietnam. To them, the flag symbolizes their struggle and triumph, flying as a constant reminder of their bravery and our gratitude. I believe the desecration of our flag jeopardizes that symbolic value, and undermines the courage that we must forever salute. I support this amendment not as a Republican or Democrat, but as an American. I call on all members, from both sides of the aisle, to join together in a bipartisan fashion to support this amendment and keep the symbol of our American dream alive.

Mr. GEPHARDT

Mr. GEPHARDT. Mr. Speaker, I hope that we can still have a rule today that is fair and seen as fair by Members on both sides of the aisle. This issue is a bipartisan issue. It is an issue on which we have always had bipartisan support. What we are saying today is that a vote for the rule as it presently reads is a vote against real campaign reform. I know there is disagreement on that, but all we are really saying is that we would like and appreciate what we believe is a fair procedure. And to us that means allowing us to have a manager's amendment putting all of the changes that we want to make in our bill in order with one vote. We then are happy to face any amendments that anyone wants to, in an orderly way, make against this bill and then vote on the Ney bill and then vote, if that does not succeed, on the Shays-Meehan bill. This is an important moment in our democracy. There are many of us who feel deeply that this system is flawed, that there is too much money involved in campaigns, that the American people have become cynical about politics and about our democracy, and we have to be able to at least have an effort to pass real, meaningful campaign reform now, today, or at the latest tomorrow or next week. I ask the leadership in all sincerity to give us what we believed was a fair procedure, for us to be able to get our bill perfected and in front of the Congress, take any shots with any amendments that are desired and then give us a vote on Ney and a vote on Shays-Meehan. I will just finally say again, this is a big moment for our country. A lot of people out there are watching. There are a lot of people out there, just ordinary citizens, who want there to be less special interests involved in the political process. They want the Government and the democracy returned to them. They want to know that their small contributions of participation and checks into this system count as much as the $50,000 and the $100,000 and the $500,000 checks. I pray that we can come out of this House of Representatives today with real reform.

Mr. GEPHARDT

Mr. GEPHARDT. Mr. Speaker, I rise to ask Members to oppose the previous question and rule so that we can give people immediate relief with their energy needs. Today, we have an opportunity to do something to help millions of Americans. We should vote to put temporary caps on wholesale electric prices in the western United States and take a commonsense step to give consumers substantial help with low-income energy assistance. Unfortunately, the Republican majority has been unwilling to take real action on this critical issue. They continue to ignore people's real needs and today will not even let us take a vote on one of the most compelling problems facing America. In San Francisco last month, one small business owner lost between $3,000 and $4,000 in 1 hour during a rolling blackout. This bill does nothing for him. Thousands of people are on life support machines on the west coast. This bill does nothing for them. Millions of people are paying through the nose for a commodity that is like air and water in their lives. This bill does nothing for them. A large percentage of small businesses in the San Diego area are at or near bankruptcy. This bill does nothing for them. Thousands of families in California and the west coast have seen their residential energy prices go up twice, three times, five times, in some cases 10 times. This bill does nothing for them. We have an emergency in our country. Yet the Republican leadership treats it as if it does not exist. We are glad that Federal regulators are finally listening and moving in the right direction. But their recent order is still a day late and a dollar short. It lets generators continue to make record profits and does nothing to help those affected by overcharges recover their losses. It opens the door to market manipulation and does nothing to stop the blackouts that are threatening people even this week. So the time has come for sensible steps that will actually do something for people. We have been regulating utilities for decades, including wholesale electric prices; and we have one of the best power systems in the world. All we say is that we need temporary relief to this historic model so we can stabilize the market and give people real relief. We recognize this is not a long-term answer to the problem. In California, the Governor has permitted 16 new plants to bring in new supply. Four of them will be online this summer. Help is on the way, but help is needed now. This is a financial emergency. We need to address this emergency in this bill. It is unreasonable to bring a supplemental appropriation out on this floor and not even allow the minority the right to debate and vote on such a measure. I urge Members to vote against the previous question and vote against the rule.

Mr. GEPHARDT

Mr. GEPHARDT. Mr. Speaker, I rise today to pay tribute to Ronald Henderson, who from 1995 through May of this year served as Chief of Police in my home town of St. Louis. I have known Ron for many years now, and can personally attest to the dedication with which he carried out his duties. Ron served in the St. Louis Police Department for over 29 years. During his tenure as Chief of Police, he was responsible for many high- profile events in St. Louis, including a 1999 visit by Pole John Paul III, and of course our city's first Super Bowl victory parade and celebration last year. His organization and close coordination with other law enforcement agencies made all of these events trouble-free and enjoyed by all in the community. Additionally, under Ron's watch, St. Louis enjoyed a significant decline in crime--in every category. Finally, Ron undertook strong efforts to reach out and expand communication between the police department and community leaders and residents. I have worked with Ron on a number of issues over the years. From reducing domestic violence in the community to putting more community police officers on the beat, Ron's first priority has always been to improve the lives of the people of St. Louis. His professionalism, commitment, and dedication truly exemplifies the meaning of public service. Earlier this year, Ron was nominated to serve as U.S. Marshall for Eastern Missouri, and he is awaiting confirmation for that post. I know I speak for all St. Louis residents when I congratulate and thank him for his achievements as Chief of Police, and wish him all the best in his continued work on behalf of our region.

Mr. GEPHARDT

Mr. GEPHARDT. Mr. Speaker, Joe was a vital member of the Democratic Caucus and left a deep imprint on every Member who served with him in the House of Representatives. He served with wonderful distinction on the House Rules Committee. He brought to his constituents the things that they wanted and that made a meaningful difference in their lives. But what truly set Joe apart was his humanity. Quite simply, he was one of the warmest human beings I have ever had the pleasure of knowing. He always had a kind word, a sense of respect and sympathy for his constituents. He worked every day in his years in Congress fighting to bring the values of his hometown, in South Boston, to our corridors, and this floor. When a senior citizen had trouble getting her Social Security check, Joe was there. When a student had trouble obtaining a loan for college, Joe was there. People of every age, every race, every religion and ethnicity could come to Joe and talk with Joe and have his undivided attention because he cared deeply about them. Those values found expression in Joe's work abroad. During the 1980s, Joe traveled to El Salvador after the horrible murders of the six Jesuit priests and their housekeeper. Before this time, Joe used to joke that, ``my idea of a foreign affair used to be driving over to East Boston for an Italian sub.'' But Joe heard about horrible human rights abuses in Central America and decided to do something about them. He pursued justice in El Salvador. And, perhaps more than anyone else, he was responsible for bringing the perpetrators to justice. He struck a blow for human rights. It reflected who he was and the essential decency for which he stood. He called his constituents part of ``his family.'' But it wasn't just constituents who were part of Joe's family. It was everyone he came into contact with. He had the ability to make better and bring hope to the lives of other people, and this is a quality that we in this body will never forget, will always cherish, will continue to fight for every day, every way in honor of Joe and the best values in our country.

Mr. GEPHARDT

Mr. GEPHARDT. Mr. Speaker, on my way in here this morning in the dawn's early light, I was thinking of proper titles for this bill. I am sure it has some classy title that has been given it by its sponsors. How about the ``Special Interest Relief Act''? How about the ``Deficit Re-Creation Act''? How about the ``Plunder Medicare and Social Security Act''? Mr. Speaker, I ask Members to vote against this bill. It has been a long night, a long night of a conference to put together the biggest tax bill in the history of our country. And as the gentleman from New York just said, it was done in a cloud of secrecy. Democratic Members of the House were not allowed in the meetings where this bill, the largest tax bill in our history, was put together. And so what we have today is a giant relief act for special interests in this country, not for the people of this country. And we are not acting on the most important crisis that faces our country today which are runaway, back- breaking electricity prices on the West Coast of the United States. The President said he came as a uniter, not a divider. He said that he would collaborate with Democrats and that the parties would work together. Yet from day one on this bill, it has been my way or the highway every day. I dare say there was more collaboration in this conference between Republican Members and special interests than between Republicans and Democrats to find the right bill. In fact, the chairman of the committee had this to say in this morning's Washington Post: He said the decision to scale back numerous provisions rather than jettison a few reflected a political calculation. He said a number of groups in the Senate pushed for individual provisions so negotiators sought, and I quote, ``to fit in as many of those special interest groups as possible.'' Look at what had to be done to shoehorn in as many of those special interests as possible. We moved, in effect, the sunset date back a year. Why was it not moved back five more years? Why was every special interest in the country not shoehorned into this bill? We wind up with becoming the laughing stock of the country because one has to die before 2010 in order to get the full benefit of the estate tax. Someone said in the morning paper, this is going to be a Saturday Night Live routine, and it is. Can one imagine the routines that can be done? Now let me give three quick reasons why this bill should be defeated: first, we believe that this tax cut comes over 20 years to over $5 trillion, over $5 trillion. It is backloaded. It is backloaded. It is backloaded. It explodes in the final years. It will cause the largest deficits this country has ever seen, and precisely at the time when the baby boomers are going to be coming into the Medicare system and the Social Security Trust Fund. We are going to be raiding those funds of needed dollars to take care of future generations. Secondly, it is weighted to the top. The top 1 percent get 36 percent of the benefits of this bill. We have no argument with people who have made a lot of money. We bless them. Thank God people can make a lot of money in this country and all of our citizens feel they can make a lot of money. We bear no grudge. We welcome their ability to do this, but we make a choice when we give that much of the tax cut to the people at the top. It means we do not give enough to the people in the middle class and the people trying to get in the middle class. This is the opportunity society. We want people to feel they can get wealthy. We want people to work hard. But how will they take a tax bill that gives everything at the top? Finally, it is fiscally irresponsible. We have worked so hard, we have worked so hard in this country, to get us back to a time of surpluses and not deficits. And tonight, today, this morning, we take a U-turn. We turn away from the most important achievement of this country and this economy. I began to think that citizens had lost all faith in us because we could not deal with the deficit, and finally we summoned the courage in the early 1990s to take care of the deficit. We made the hard decisions, and I would argue that the Members of this Democratic Party sacrificed their seats so that we could return to fiscal responsibility. It is what Senator Jeffords talked about in such ringing terms 2 days ago, and now we turn our back on this most important achievement. Again, if we were doing this risky scheme to give a larger tax cut to the middle class, maybe one could justify it. But, no, that is not what we are doing. We are doing this for special interests. We are doing this so the largest, wealthiest special interests in this country can get all of their things shoehorned into this bill. Let me just say this this morning, or yesterday morning, and even in some places this morning, children are going to school in trailers in this country because we have not built the school buildings to house them. Our forests and our public lands need protecting. Our seniors, especially on the West Coast, need low-income energy assistance. People want more cops on the beat so that we feel safe on our streets, and middle-income families who are paying $2.25 a gallon for gasoline would like to have the majority of this tax cut. Incidentally, Mr. Speaker, this is a tax bill, probably the last tax bill. The President sent us an energy plan last week. It has all kinds of tax incentives to produce alternative energy in this country. There is not one red cent in this bill to advance the energy interests of this country. This is not what we ought to be doing this morning. Twenty years from now people will look back on this morning as a momentous, defining moment in the economic history of this country and the social history of this country. I urge Members on both sides of the aisle to examine the facts and examine their conscience. This bill, in my opinion, is an outrage. It is an outrage to the common sense and decency of the American people, and I ask each of the Members to consider carefully their vote because I believe with all my heart it will be remembered for their entire career and will be remembered by them for the rest of their lives. Please do the right thing and reflect the values of the great American people: decency, honesty, fiscal responsibility, and common sense. Vote no on this tax bill.

Mr. GEPHARDT

Mr. GEPHARDT. Mr. Speaker, finally, I assume that Members will look forward to receiving an hour's notice before we go to the Committee on Rules, and that would be a time when the conference and the caucus could meet and review the legislation.

Mr. GEPHARDT. Mr. Speaker, if I could just ask the majority leader one additional question. A lot of our Members from the West Coast have been very desirous of legislation coming here before we leave on energy. Can I inquire whether or not there is any plan to bring any energy legislation before we leave?

Mr. GEPHARDT. Mr. Speaker, I would agree that I think Members, more than anything, want certainty at this point so they can make their plans. Obviously also Members will want to be able to see this bill prior to voting on it. I would hope that there would be time even to have a caucus or a conference in each party so that at least there could be an oral presentation to Members about what is included in the bill before they vote on it, for the Members that want to do that. As the majority leader knows, a few weeks ago, we had a problem with the budget not having the pages in it, and we do not want to have that happen again. So I hope that we can see the writing in these caucuses and conference meetings before they actually vote.