Kay Hutchison

Mrs. HUTCHISON

Mrs. HUTCHISON. Mr. President, I appreciate very much what Senator Kyl and Senator Nickles are doing because most people think we are on a glidepath to eliminating the death tax. We have taken that vote. The worst situation we could possibly have is not knowing. Can you imagine how debilitating it would be to plan for a family business or a family farm to think that you would have 9 years at lower inheritance taxes and then in the 10th year, unless you happened to die in the one year we have repealed, you would end up going back to 3 years ago? That just does not make sense. The best tax policy is one that is stable, that people can count on; that when it is passed, people can plan according to that tax law or policy. What we have now is the absolute opposite. We have a situation where people cannot plan. They do not know when they are going to die, so they do not know what the inheritance tax is going to be, and they do not know if it really will be repealed because Congress keeps talking back and forth about not repealing something we have already repealed. That is not consistent, and it is not good tax policy. Family-owned farms and small businesses are the hardest hit because they have assets that are valued greater than the income they can produce. When someone who is the head of a small business or a family farm dies, many times the value of that farm or small business is very high and the family does not have the cashflow to pay the taxes. So what do they do? They sell the family business or family farm to pay the taxes. This is not money that has never been taxed. No, it is money that was taxed when it was earned, and taxed every year that it has been invested. The money has already had its fair share of taxes taken out. We have to make a decision in this Congress if we want small businesses to survive. I do. Small family-owned businesses are the basis of our country. Sometimes they grow and prosper and become big businesses. Sometimes they are passed to their children and create livelihoods for children. Lost in a lot of this debate are the employees of these small businesses and family-owned farms, the people who own nothing but work for these small businesses. What happens when a business has to be sold to pay taxes? All the people relying on that business lose their job. We have heard story after story of a small family business that was the most important business in town and had to be sold. The people working there were out of jobs, in a very small community where one does not just walk across the street and get another job. We have heard that time and again. I will never forget the letter I saw written by a man who happened to have a farm that his parents had worked very hard to buy, about 100 acres in a beautiful part of Texas, but it was a part of Texas in the old days that was just a farming area. It was not very expensive, not very well known. It was pretty and nice but not that big a deal. Today it is called the hill country, and it is the most expensive land in rural Texas. When the parents died, the children inherited that farm, but they had to sell their own homes to pay the taxes on that farm because it had escalated to such a great value. They sold their homes and moved into an apartment to keep the family farm. The bottom line is, going into the third generation, the man said: My children could not possibly get enough cash to pay the taxes for us to pass this farm to them in the third generation. The land is going for $6,000, $7,000 an acre, and the farm will eventually have to be sold. Mr. President, who gains? Who gains from selling that farm? Who gains from a small business having to be sold to pay taxes? The employees who work for that business lose. They lose their jobs and their livelihoods in the community in which they want to live. Certainly not the family, not the patriarch and the matriarch who worked hard to put that business together. Certainly not the children who may have worked or wanted to be in the family business, who wanted to continue the tradition. They lose. One might say Uncle Sam gains. But is it really a gain when you tear something out of our economy that is a thriving small business? It is a minuscule amount. It is an amount that has already had taxes paid on it. In fact, the only reason one would ever want to tax an inheritance is to level society, and America was not built on society leveling. America was built on the concept that one could come to this country, work hard, and make as good a living as they could make by the sweat of their brow, and pass on what they have to their children, if that is what they decide to do. We are not a country that is entrepreneurial, that has a spirit that is looking at society leveling. What good does it do for us to tax at death and disrupt family businesses, family farms, family ranches, families? It does not make sense. I hope we will pass the amendment offered by Senator Kyl and Senator Nickles that puts the Senate on record we are going to make permanent this tax cut. We have done it once. The Congress has voted for it and the President has signed the bill, but because of a process, it goes out of existence in 10 years and that is not stabilizing, it is destabilizing, and we need to correct it and do the right thing. So I applaud Senator Kyl and Senator Nickles. I support them fully, and I hope Congress will speak once again. We passed it once; we can do it again. This time let us do it right, and let us do it within a process that says we are doing this and we really mean it; not we are doing this but because of a process that nobody cares about it is going out of existence in 10 years. Let us do it right so people can count on it, so they can plan and so these small businesses can continue to create jobs and be a part of our economy.

Mrs. HUTCHISON

Mrs. HUTCHISON. Mr. President, so many of us wanted a stimulus package. The President asked for a stimulus package. We see the stock market continuing to go up and down, up and down. It certainly has not stabilized yet. We wanted to try to stimulate investment to try to make sure we would have an economy that would be able to remain strong as we are prosecuting a war for the very freedom of future generations in our country. But what we had before us was not a stimulus package. It was the end of a compromise without the compromise part. There was no tax cut. There was no help for people who pay taxes. There was no stimulation for businesses that would invest in plant and equipment. And that is what we need to make sure we have those manufacturing jobs. What I had hoped to do--and I had already filed the amendment--was to make permanent some of the tax cuts that are temporary over the next 10 years. I wanted to make permanent the marriage penalty relief that is in the tax bill that Congress has already passed and the President has signed but which could teeter in the next few years if we have a change in Congress. Why should anyone have to pay a penalty because they get married? Why should they pay a different rate in a higher tax bracket when they get married as opposed to when they were single? We are trying to correct the marriage penalty. Making marriage penalty relief permanent so people can count on it would be a stimulus. Repeal of the death tax is one of the most important things Congress has done. Congress has finally acknowledged money that has been taxed when it was earned, taxed when it was invested, should not then be taxed when it is passed to future generations. What the death tax does is keep family-owned farms and ranches and small businesses from being passed to members of the family. Fifty percent of the family-owned businesses in this country do not make it to the second generation; 80 percent do not make it to the third generation. Who benefits from that? Certainly not the members of a family who have worked to create a business to give their children a chance. What about the employees who work for that family business. When it changes hands, their livelihoods then are at stake. So who is it good for? It does not even help the Federal Government because the income is minuscule and would be totally overcoming to a thriving business with jobs that are stable that can contribute to our economy. So we wanted to make repeal of the death tax permanent. We wanted to make repeal of the marriage penalty permanent. That was what we were trying to do to this bill. But now the bill is going to be pulled from the floor before we can offer these amendments. I do not think that is sound economics. I do not think that is good for our country, and it certainly is not going to stabilize our economy. So when you talk about people being disappointed, I think all of us are disappointed that we are not going to have a chance to offer our amendments. We had all day yesterday to offer our amendments, but we were held from offering the amendments and having votes. That is just not right. We adopted an amendment offered by my fellow Senator from Missouri, Mr. Bond, that would have helped small businesses. It would have been a huge help. It would have given them a $40,000 writeoff for investment in equipment. For small business that is huge. Otherwise, they would have had to depreciate it. Instead, they would have a writeoff that would have encouraged small businesses to make those capital investments that create jobs in America. So we are missing a major opportunity. I will call on Senator Daschle to reconsider, after the cloture vote--which, hopefully, will fail because we have not been able to offer our amendments yet. We do not want to pass the bill that is before us because there is no stimulation in it. I ask the majority leader to reconsider because we would like to have a stimulus package that makes permanent the marriage penalty relief, that makes permanent the death tax repeal so businesses and family farms can be passed through the generations without being taxed by the Federal Government and made to sell assets at bargain basement prices and take away jobs from people who work on those farms and take away the ability of the children in a family to continue to make their livelihoods from that family farm. It would take away the opportunity to give small business a boost by giving them a writeoff of $40,000 over a 2-year period for capital investment. I urge the majority leader to reconsider. Let's work with the President. Let's work with the Democrats and Republicans in Congress. Let's have a stimulus package that really stimulates. Mr. President, I yield the floor.

Mrs. HUTCHISON

Mrs. HUTCHISON. Madam President, reserving the right to object, I, too, want to say this is too little to late. The Senator from Maryland is right. We would like to have done more. We would like to have helped all the people of this country. We could have had a stimulus package if we had had a compromise. We could have had a stimulus package that would have stabilized our economy, that would have preserved jobs. We could have given tax relief to people so they could have spent their own money that they earned. So I hope this modest proposal that would extend the benefits for 13 weeks is not the end. I hope it is the beginning.

Mrs. HUTCHISON

Mrs. HUTCHISON. Mr. President, is it in order now to talk about Judge Phil Martinez?

Mrs. HUTCHISON

Mrs. HUTCHISON. Mr. President, I am sure the distinguished chairman of the committee will be here shortly. I am very pleased that I am the first person to speak on behalf of Judge Phil Martinez to be a United States District Judge for the Western District of Texas. Of all the courts in the country that are desperate for judges, those on the United States-Mexico border have the most critical need. According to statistics from 2000, the Western District of Texas handles the most criminal cases in the country, 4,434 per year, while the Southern District of Texas, for which Randy Crane awaits confirmation, has the third highest level after California's Southern District. Currently, the Western District of Texas is facing a criminal caseload of 1,983 pending cases and 2,758 defendants waiting for trial because we do not have these judgeships filled. In El Paso, 884 cases are pending overall, more than any other region in the district. Each day, more cases are added, overwhelming an already overburdened Western District. Relief is needed. Our war against terrorism is heating up as well as our war on drugs. Therefore, it is more crucial that we have highly qualified judges and law enforcement officials in charge of our justice system along the United States-Mexico border. This is a decisive time for our Nation and our borders. Senator Dianne Feinstein and I have introduced a bill to expand the number of Federal courts along the border. While I encourage Senators to support that bill, I also urge my colleagues to expedite the confirmation of border prosecutors and other judges such as Judge Martinez and Randy Crane. At the same time, certainly we must be very careful with the selection of U.S. district judges because, as we all know, they have lifetime appointments. That is why I am very pleased to recommend Judge Martinez. Judge Martinez has presided over a State district court in El Paso since 1991. Previously, he was a judge of a county court at law, having been elected by the people of El Paso. He has also been a practicing lawyer with the firm of Kemp, Smith, an excellent firm in El Paso. He has more than 10 years of experience at the trial court level, presiding over felony, juvenile, and civil cases. In 1979, Judge Martinez graduated from the University of Texas-El Paso with highest honors, receiving his law degree in 1982 from Harvard University. In addition, he has been a director of the El Paso Legal Assistance Society, the El Paso Holocaust Museum, the El Paso Cancer Treatment Center, and the Hispanic Leadership Institute. He was named the 1991- 1992 El Paso Young Lawyers Association's ``Outstanding Young Lawyer'' after winning its 1990 Outstanding Achievement Award. Judge Martinez is known in El Paso as a brilliant thinker and an effective and hard worker. He is known to make fair and thoughtful judgment based on principle. I cannot think of anyone to better fill the pending judicial vacancy in El Paso at a pivotal time for this court. I am very pleased to recommend to my colleagues Judge Phil Martinez to be a United States district judge for the Western District in El Paso. Thank you, Mr. President. I yield the floor.

Mrs. HUTCHISON

Mrs. HUTCHISON. Mr. President, I rise today with tremendous pride for the city of Gainesville, Texas. This city deserves special recognition for being the first city to establish The Medal of Honor Host City Program. The purpose of this unique program is to recognize those legendary, humble heroes who, through great personal sacrifice, have preserved our freedoms. At the same time this program will pay tribute to the principles that the medal represents--Duty, Honor, and Country. To this end, it will provide Medal of Honor recipients a stipend to cover lodging, food, and fuel expenses while visiting the city of Gainesville. The local Veterans of Foreign Wars Post No. 1922, along with the leaders of the community, pioneered the project and have seen it through from idea to implementation. While designed to honor living recipients of the nation's highest decoration for military valor, it also was initiated with the intent of exposing the citizens of Gainesville to these role models of selfless service. When visiting the city, these men of uncommon valor will be invited to share their experiences with students, clubs, and local organizations. By providing youth the opportunity to hear, first-hand, these amazing tales of gallantry and the effect that these circumstances have had on the remainder of their lives, the principles of patriotism and duty will be propagated throughout the current generation and beyond. It also gives civic groups and classes an opportunity to thank them for everything that they have done for our country. This project has not only been formalized, but has already been put into action. The first two Medal of Honor recipients visited the city this past Veterans' Day and the Congressional Medal of Honor Society took the opportunity at its October annual reunion to announce the project to its members. Mr. President, while sacrifice, patriotism, and a sense of duty have been a foundation for our great nation for over 200 years, the events of the past five months have made it even more appropriate to recognize these heroes and provide them a singular opportunity to be the advocates of the price of our freedom. Mayor Kenneth Kaden is to be especially recognized for his leadership in advancing this unique project. I am humbly honored to recognize The Medal of Honor Host City Program, and I hope to see its success spawn similar programs throughout the Great State of Texas and the rest of the Nation.

Mrs. HUTCHISON

Mrs. HUTCHISON. Mr. President, I rise today to introduce the U.S./ Mexico Border Health Improvement Act. The issue of public health along the U.S./Mexico Border is as vast and varied as the 2000-mile Border itself. With the enactment of the NAFTA agreement, and the tremendous growth in population in the region, the Border represents, for both countries, the area of both greatest potential and enormous challenge. From San Yisidro to Brownsville, and from Tijuana to Matamoros, over 10 million people call the Border region home. At the same time, the U.S. Border population is growing three times as fast as the rest of the Nation's, and the population of Mexico's border cities is expected to double over the next decade. For this reason, I am pleased to be joined by Senator Bingaman to offer legislation on the critical issue of improving U.S./Mexico Border Health. The Border region is like a ``top ten'' list of substandard living conditions: the highest poverty rate; the lowest education rate; highest unemployment; worst environmental degradation; and the worst record for all major public health indicators. The statistics are mind-numbing, but it is the sad reality of the human suffering and of the individuals, families, and communities behind those numbers that is so heart wrenching. Diabetes, HIV, hepatitis, tuberculosis, and birth defects all remain disproportionately and unacceptably high. Meanwhile, childhood immunizations, screenings, health education, and the ratio of health care providers to the general population all remain unacceptably low. This legislation that I offer today provides for a comprehensive border health program to address this woeful situation that includes the creation of an office of Border Health within Health and Human Services, authorizations for community health centers, and dental outreach programs. This bill also directs the Secretary of Health and Human Services to recruit and retain quality members of the National Health Service Corps for service in the border region, while requesting authorization for the recruitment, training and retaining of bilingual health professionals, ``promotor(a)s.'' As a member of the United States Senate, I have worked very hard to improve the health of Border residents in the short term, but more important, to putting in place the infrastructure and institutions necessary to ensure a good, healthful life for our Nation's people well into the twenty-first century. I commend the Senator from New Mexico for his support on this issue, and I urge other Senators to join us in this effort. I ask unanimous consent the bill be printed in the Record.

Mrs. HUTCHISON

Mrs. HUTCHISON. Mr. President, I rise today to introduce the U.S./ Mexico Border Health Improvement Act. The issue of public health along the U.S./Mexico Border is as vast and varied as the 2000-mile Border itself. With the enactment of the NAFTA agreement, and the tremendous growth in population in the region, the Border represents, for both countries, the area of both greatest potential and enormous challenge. From San Yisidro to Brownsville, and from Tijuana to Matamoros, over 10 million people call the Border region home. At the same time, the U.S. Border population is growing three times as fast as the rest of the Nation's, and the population of Mexico's border cities is expected to double over the next decade. For this reason, I am pleased to be joined by Senator Bingaman to offer legislation on the critical issue of improving U.S./Mexico Border Health. The Border region is like a ``top ten'' list of substandard living conditions: the highest poverty rate; the lowest education rate; highest unemployment; worst environmental degradation; and the worst record for all major public health indicators. The statistics are mind-numbing, but it is the sad reality of the human suffering and of the individuals, families, and communities behind those numbers that is so heart wrenching. Diabetes, HIV, hepatitis, tuberculosis, and birth defects all remain disproportionately and unacceptably high. Meanwhile, childhood immunizations, screenings, health education, and the ratio of health care providers to the general population all remain unacceptably low. This legislation that I offer today provides for a comprehensive border health program to address this woeful situation that includes the creation of an office of Border Health within Health and Human Services, authorizations for community health centers, and dental outreach programs. This bill also directs the Secretary of Health and Human Services to recruit and retain quality members of the National Health Service Corps for service in the border region, while requesting authorization for the recruitment, training and retaining of bilingual health professionals, ``promotor(a)s.'' As a member of the United States Senate, I have worked very hard to improve the health of Border residents in the short term, but more important, to putting in place the infrastructure and institutions necessary to ensure a good, healthful life for our Nation's people well into the twenty-first century. I commend the Senator from New Mexico for his support on this issue, and I urge other Senators to join us in this effort. I ask unanimous consent the bill be printed in the Record.

Mrs. HUTCHISON

Mrs. HUTCHISON. Mr. President, I thank Senator Stevens and Senator Inouye for the hard work they did on this bill. Since this bill was left to be the last appropriations bill passed this year, it had many difficulties. During this time, our Armed Forces were prosecuting a war on last year's budget. That is very serious and it is unacceptable. We must pass this bill today. It is a good bill. Our armed services need the extra help that is in this bill. It provides $26 billion more in spending for the Department of Defense than was appropriated last year. That gives us the added equipment we need to be in Afghanistan and throughout the world, as we are today. It also reduces the military/civilian paygap by funding a pay raise of 5 percent across the board and up to 10 percent for targeted ranks with low-retention rates. Thank goodness we are trying to address people who are leaving the armed services because we just can't compete with the private sector. Also, I want to mention the TRICARE For Life; $3.9 billion in this bill implements TRICARE For Life. This is something I worked on for a long time to make sure that those who have served in our military, who have done what we asked them to do for our country, will never be left without full medical care. That is something they deserve, it is something we promised, and it is a promise we must keep. I am very pleased that, finally, Desert Storm veterans are getting the notice they deserve for the symptoms that one in seven of them have shown after returning to our country after serving in Desert Storm. One in seven of the people who served in the Desert Storm operation came back with symptoms and different stages of debilitation that they did not have when they went to serve our country. But for years, the Department of Defense and the Department of Veterans Affairs have denied there was any kind of causal connection between these symptoms and their service. It just wasn't plausible. I happened to learn about some research that was being done at the University of Texas, Southwestern Medical School, that did find a causal connection in a very small unit; it was the first research that really showed the causal connection between actual brain damage and service in the gulf war. This last week, I am proud to say, the Secretary of Veterans Affairs, Secretary Principi, released a study indicating that gulf war vets are twice as likely to get ALS; that is, Lou Gehrig's disease. To his credit, Secretary Principi immediately widened the gulf war presumption to cover victims of Lou Gehrig's disease. I have also extended for 5 years--and the President has signed the bill--the presumption that the people with these symptoms would still be able to get the benefits to which they are entitled, even though it hasn't been settled exactly what Desert Storm disease is. So the bill before us today does have $5 million to continue the research that shows that causal connection. That will not only help keep our promise to the people who served in Desert Storm, but it will also help us understand those whom we are sending today into places where there could be chemical warfare and what we might do to give them the best protection against that chemical warfare. It will also help us to inoculate and treat those who might be affected by chemical warfare in the future. This is something I worked on in the bill, and I appreciate so much Senator Inouye and Senator Stevens supporting this particular cause because I think these veterans have been ignored for too long. It is time we treated them the way they deserve to be treated, and that is to give them the medical care and the research to find the cause of the debilitating disease that we see in so many of the people. Finally, I am very pleased that the bill provides for missile defense. Clearly, we now have a cause to go forward on missile defense. I have always thought it was better to err on the side of doing more for defense, even if we weren't sure what the threats were. Now we know there are people throughout the world who will attack Americans just because we are Americans. So we must defend against that. That is what the missile defense system will prepare our country to do. This bill provides for that. I close by saying there may be small things in this bill that people don't like. I am sure there are some things in this bill that some people would not support. But the big things are done right. It would be inexcusable for us not to fully fund the war, while we have troops on the ground fighting for the very freedom that we have in this country and that we enjoy in this country. As we are leaving Congress to go home for the holidays with our families, we must show our appreciation to those who are in the caves in Afghanistan, in Uzbekistan and Pakistan, and who are on missions in Saudi Arabia and Kuwait, who are ready to go at the call of our country, if need be. We want to remember them. I think the most important way we can say thank you to those people is to fully fund their training, their equipment, and the support they deserve as they are going forward in the name of freedom and representing our country in the best possible way. I thank Senator Inouye for being the great leader that he is and Senator Stevens for working in a bipartisan way to assure our troops that we appreciate them and we are going to give them everything they need to do the job they are doing. I yield the floor.

Mrs. HUTCHISON

Mrs. HUTCHISON. Reserving the right to object, I just ask the question, Will the subcommittee chairs be designating time from their time?

Mrs. HUTCHISON

Mrs. HUTCHISON. Reserving the right to object, I will not object, but I would like to clarify, we have now added 25 minutes beyond the original unanimous consent. And my question, before this unanimous consent goes forward, is, Would we be encroaching on the ability to get directly to the bill so that we can start the amendment process by adding this many extra minutes?

Mrs. HUTCHISON. I would just ask if we could assure that if we have the capability to go directly to the bill, that that take precedence, and then all of us have the ability to speak in some shortened way to assure we can get onto the bill and start this amendment process. It would seem that we would have plenty of time to be able to debate once we are on the bill; is that correct?

Mrs. HUTCHISON. Mr. President, I am very pleased that we are beginning to get down to the serious business of passing the Defense appropriations bill. I hope we will be able to do that, perhaps next week. I don't know what the timetable will be. I don't want to stop the amendment process because there are legitimate differences. The bottom line is, the Defense appropriations bill must be passed, and it must be passed in a form that the President can sign it. The President has shown the leadership. He has told the Senate what his parameters are. He has made his budget submission to Congress so we know what the President's priorities are. And further, he has said he is going to keep the agreement that he made with the Democratic leaders in the House and Senate about the upper limit of that bill. I think it is incumbent on us to work within that framework to pass a bill that the President can sign. This is a bill that will add $26 billion more to defense spending than we passed last year. Today we are operating on last year's budget because the fiscal year ran out on October 1. So we are operating under a smaller budget in a time of great need in our military. It is our responsibility to pass a bill after our legitimate differences have been ironed out so our military will have the added $26 billion to fight this war. That is the bottom line. I appreciate the differences. They are legitimate. But it is time for us to get onto the bill, discuss those differences, and have a game plan for when the bill can be finished.

Mrs. HUTCHISON. I will, Mr. President.

Mrs. HUTCHISON. Mr. President, I ask unanimous consent that the order for the quorum call be rescinded for the purpose of talking about Pearl Harbor Day.

Mrs. HUTCHISON. Mr. President, what is the pending business?

Mrs. HUTCHISON. Mr. President, I ask for 5 minutes at the end of that to make this a 65-minute request.

Mrs. HUTCHISON

Mrs. HUTCHISON. Mr. President, I rise to discuss what an important day today is in the history of our country and also to mention a personal, special time for a Member of our Senate on Pearl Harbor Day. And that is Senator Dan Inouye. Dan Inouye was 17 years old, living in Hawaii, on the day that Pearl Harbor was attacked. He was one of the first Americans to go forward to try to help with the casualties that occurred that day. But Dan Inouye has said on several occasions that he looked up into the sky and he knew that the people who were bombing his country were people who looked like him. And he said he knew that his world had changed forever from that day. Dan Inouye, at the age of 18, was a freshman in premedical studies at the University of Hawaii but dropped out to enlist in 1943 in the U.S. Army. Danny Inouye was not just another enlistee in the U.S. Army. He was one of the great heroes of World War II. He spent two of the bloodiest weeks of the war in France rescuing a Texas battalion that had been surrounded by German forces. This was known as ``the lost battalion'' and is listed in the U.S. Army annals as one of the most significant military battles of the century. He won the Bronze Star, but that was not the end. He went to Italy and became involved in the war in Italy and was trying to assault a heavily defended hill in the closing months of the war. Lieutenant Inouye was hit in his abdomen by a bullet which came out his back, barely missing his spine. He continued to lead the platoon and advanced alone against a machinegun nest which had his men pinned down. He tossed two hand grenades with devastating effect before his right arm was shattered by a German rifle grenade at close range. Lieutenant Inouye, who threw his last grenade with his left hand, was attacked then by a submachinegun and was finally knocked down the hill by a bullet in the leg. For this he received the Distinguished Service Cross which later, thank God, was upgraded to the Medal of Honor. So he is one of the very few Members who has served in the Senate who has received the distinguished Congressional Medal of Honor. He has never missed an anniversary of Pearl Harbor. He is missing it today because, once again, duty has called, and Danny Inouye answered the call of his duty to pass the Defense appropriations bill for those in the field today. I wanted to take a moment to pay tribute to this great patriot of our Nation, Senator Dan Inouye of Hawaii. I thank the Chair. I yield the floor.

Mrs. HUTCHISON

Mrs. HUTCHISON. Mr. President, I rise today to pay tribute to Mary Kay Ash. On November 22, 2001, America and Texas lost a great person Mary Kay Ash. Throughout Mary Kay Ash's life, her unswerving devotion to principles and to doing what is right enabled her to exert an influence unique in a society that was known for strict rules of hierarchy, specifically male hierarchy. She flourished where many fail, or simply remain in the shadows of obscurity. By doing so, she blazed the path for many women after her, we have all profited from her success. Over her career, Mary Kay sacrificed a lot to fulfill her dream, do her duty to her family and her God, and to stand by her principles. It is women and men of that caliber who have made our country great. Her savvy created an incredible business from a profit point of view, but, most important, she created a business that offers women the chance for personal and professional fulfillment and success. It is no wonder that Mary Kay Cosmetics is considered by Fortune Magazine as one of the top ten best companies for women, indeed, it is also recognized as one of The 100 Best Companies to Work for in America. But Mary Kay never stopped with work, she did not even start with work. Her priorities were always clear: God first, family second, and career third. It is why, when her husband died from cancer, she put her endless energies to work in that arena as well, creating the Mary Kay Ash Charitable Foundation in 1996. This nonprofit provides funding for research of cancers affecting women, and it has recently expanded its focus to address violence against women. Since she was a fellow Texan, I was never surprised by her zest for life. E.B White once wrote, ``I arise in the morning torn between a desire to save the world and a desire to savor the world. This makes it hard to plan the day.'' Not for people like Mary Kay, she knew how to accomplish both. Mary Kay remembered what was important yet still reached for the stars--and all of us are the better for it. Thank you Mary Kay, I hope you are driving a beautiful pink Cadillac up in heaven.

Mrs. HUTCHISON

Mrs. HUTCHISON. I concur with the Senator and, if such disputes have not been resolved by March 1, 2002, would further request that the Inspector General promptly report back to the House and Senate Committees on Appropriations on FTA's assessment of (i) The reasons why such disputes remain unresolved, (ii) the cost impact of such disputes, and (iii) the IG's recommendation, if appropriate, for a more cost effective dispute resolution process.

Mrs. HUTCHISON. I understand that the FTA is currently withholding approximately $165M of funding for the Tren Urbano Project, and has required a more accurate cost estimate and schedule for the Project than has been previously furnished.

Mrs. HUTCHISON. Mr. President, regarding this week's Senate passage of the fiscal year 2002 Transportation appropriations conference report, Senator Durbin and I have recently become aware that several of the major contractors on the Tren Urbano project have substantial disputes outstanding with Puerto Rico concerning payment for work performed on the project. I find this troubling given the extent of oversight we have come to expect of major transit projects like this one.

Mrs. HUTCHISON

Mrs. HUTCHISON. Mr. President, I rise today to honor members of ``the greatest generation''--those men and women who were at Pearl Harbor on the infamous day of December 7, 1941. Those who followed coined this nickname we all widely recognize, for the men and women who fought in the Second World War did not think they were committing acts of heroism, they only believed they were doing what was right by serving our Nation. The generation of men and women, who survived the Second World War, epitomize the characteristics we all, as Americans, hold in such high esteem. As children of the Depression, these men and women grew up knowing the meaning of sacrifice. And during the war, they readily went without luxuries, ready to give up whatever it took to help in the war effort. These men and women are also some of the bravest that our Nation has ever seen. For they gave more than just material goods to the war effort: they offered their husbands, their sons, their brothers, their fathers, and themselves. Without hesitation they enlisted to help our Nation fight the good fight, to rid the world from cruel and aggressive tyrants, and to secure the freedom and liberty on which our Nation was founded. It was 60 years ago that these men and women unselfishly risked their lives to begin the defense of our country and to fight for freedom in the world. The terrorist attacks of September 11, 2001 gave Americans a glimpse into the tragedy that the men and women of Pearl Harbor survived. Now, more than ever, our entire country appreciates the heroism and leadership embodied by the men and women who served in the Pacific. The courage they displayed is now a more tangible concept for us all, as we can now more fully realize the rarity of their instinct to charge forward and fight in the face of danger. We can only believe that the actions displayed by these members of ``the greatest generation'' laid the foundation for the heroism and leadership we are seeing in the aftermath of the September 11 attacks. An important part of honoring the men and women of Pearl Harbor is preserving the stories of their experiences. We must record the experiences of those who survived the attack as well as preserve the stories of those 2,403 men and women who did not live to tell of their encounters on December 7, 1941. I commend the National Museum of the Pacific War in Fredericksburg, TX, for its continuing devotion to educating current and future generations of Americans on the grim realities of war. It is the only museum in the world dedicated to telling the entire story of the conflict in the Pacific during World War II. Not only does this museum tell the complete story, it also provides a thorough understanding of the causes, sacrifices, and resolutions of World War II in the Pacific. The men and women of this museum continue to keep the story of the attack on Pearl Harbor alive. It is truly a National treasure with an outstanding collection of artifacts from the Pacific War. While there are many ceremonies and events to commemorate this 60th anniversary of the attack on Pearl Harbor, this one, in Fredericksburg, TX, stands out for several reasons. To begin, this commemoration ceremony is one of only two National events being staged by the Pearl Harbor Survivors Association. And of the two, it is the only one open to the public to join in the observance of this milestone anniversary. This ceremony is particularly special because of the guests in attendance. The museum will host more than 300 survivors of the Pearl Harbor attack, and their families, who have traveled from their homes throughout the United States to be here today. The location of this ceremony is also of important note: Fredericksburg, TX, is the birthplace of Admiral Chester W. Nimitz, who was Commander-in-Chief Pacific during World War II. The location of the National Museum of the Pacific War, previously known as the Admiral Nimitz Museum, was chosen to pay tribute to this great man. Texas is honored to have as the keynote speaker former President George Bush. As the youngest pilot to fly in the Navy during World War II, Lieutenant Junior Grade George Bush flew TBM Avengers in combat off the aircraft carrier U.S.S. San Jacinto. Sunday, December 7, 1941 will forever live as an infamous day in our Nation's history. But the response of the men and women we will honor on December 7, 2001 to the surprise attack will also forever be ingrained in the memory of America. Their bravery and heroism in the face of mortal danger, and their continuous determination to fight for the existence of freedom in the world shaped our Nation and, indeed, the world. To the men and women of Pearl Harbor we can only say thank you. Thank you for preserving the tenants on which this country was founded, thank you for risking your lives so that those who lived after you could enjoy the same freedom and democracy that you knew, and thank you for being at this commemorative ceremony so that we may show you our appreciation and admiration.

Mrs. HUTCHISON

Mrs. HUTCHISON. Yes.

Mrs. HUTCHISON. I appreciate so much what the Senator from Nevada has said because, of course, it is true. I think bringing this point home is important while they are meeting in Germany to try to form a government that is inclusive of the different tribes. Certainly, we respect that there is a different culture there. But there is no culture in the world that can be acceptable if women are beaten on the streets because they wear high-heeled shoes, or if they are beaten because they go outside without a male escort, and even to take their son to the doctor, when there is no male escort to help them. That is the kind of treatment these women have received. I thank the Senator from Nevada for working with us, along with all the women of the Senate, and Senator Brownback as well, to speak out as a country and say that not educating girls, not allowing women to have health care--which is exactly what has happened under the Taliban; they would not allow women doctors to treat women who were sick. That is why the rate of death in Afghanistan is one of the highest in the world. The rate of death of children is outrageous. One in four children in Afghanistan will die from bad food and water and other causes. One in four, that is a stunning statistic; 25 percent of every child in a country dying? We have to speak out. We can do something, and that is what gives me great hope. We are going to be able to put our money, the generosity of the American people, to work to rectify a terrible tragedy and bring the girls into an educational system. We can make up for those 5 years, and we can show the girls they have a future, too; that they can be a part of the rebuilding the country they love. I was struck by the stories of the two American missionaries who were prisoners and who were bravely rescued by the U.S. military and by the Northern Alliance military. They are quite devoted to Afghanistan. They see the greatness in the Afghan people, but they saw the treatment of the women. Even though they were treated well--thank goodness they were--they saw the beatings of Afghan women by the Taliban prison guards. This is something that is beyond politics; it is beyond any disagreement one might have: That people be treated with decency and that women, who are most vulnerable, not be beaten; that they would not be kept from receiving health care for afflictions that will shorten their lifespans, if not kill them directly; that they would not be assassinated in the public arena while people are cheering, which we saw on television. This is a matter of human decency, and it is a matter about which all of us are coming together to speak against. I was very touched by our First Lady, Laura Bush, speaking out for the women of Afghanistan and making it an issue of great priority for her, and saying the United States is going to be there to rectify this terrible situation. We did not go in to take over Afghanistan. We went in to get the al- Qaida network that has killed thousands of Americans to make sure that network cannot operate ever again to harm freedom-loving people in the world. As part of the education we have all received, we have learned of the atrocities that have been endured by the women of Afghanistan, and our First Lady led the way, along with Cherie Blair, the wife of the Prime Minister of Great Britain, who have said: We are in this together, and we are going to speak out to make sure that women are part of the government, that women are part of the solution and a part of the rebuilding of a country that can, once again, live in peace and prosperity. I appreciate the leadership of our First Lady, Laura Bush. I appreciate the leadership of the women in the House and Senate coming together to pass a bill that I feel sure the President will sign quickly. I am proud that Republicans and Democrats are coming together, that Americans, British, and people from all of the countries that are helping us in this quest to wipe out terrorism are coming together to say we will not forget the women of Afghanistan, and we want them to be a part of a country that prospers, where children are happy, educated, and safe. I thank that Chair. I yield the floor.