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

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

Vol. 148 WASHINGTON, TUESDAY, OCTOBER 15, 2002 No. 135 Senate The Senate met at 10 a.m. and was APPOINTMENT OF ACTING There being no objection, that is the called to order by the Honorable HARRY PRESIDENT PRO TEMPORE order. REID, a Senator from the State of Ne- The PRESIDING OFFICER. The I also ask consent, in my capacity as vada. clerk will please read a communication a Senator from Nevada, the Senate to the Senate from the President pro stand in recess until 1 p.m. today; and PRAYER at 1 p.m. the Senate proceed to a period tempore (Mr. BYRD). The Chaplain, Dr. Lloyd John The legislative clerk read the fol- of morning business until 2 p.m., with Ogilvie, offered the following prayer: lowing letter: Senators permitted to speak for up to Almighty God, Lord and Sovereign of 10 minutes each, and at 2 p.m. the Sen- U.S. SENATE, the United States, we come to you in ate stand in recess until 3 p.m. PRESIDENT PRO TEMPORE, prayer with two things gripping our Washington, DC, October 15, 2002. There being no objection, the Senate, minds. We have a new realization of To the Senate: at 10:34 a.m., recessed until 1:05 p.m. the force of evil in our world. We are Under the provisions of rule I, paragraph 3, and reassembled when called to order stunned by the continued evil acts of of the Standing Rules of the Senate, I hereby by the Presiding Officer (Mr. BENNETT). the cowardly, but cunning sniper who appoint the Honorable HARRY REID, a Sen- The PRESIDING OFFICER. In my has taken the lives of nine people in ator from the State of Nevada, to perform capacity as a Senator from Utah, I sug- our area. Dear God, intervene and the duties of the Chair. gest the absence of a quorum. The ROBERT C. BYRD, clerk will call the roll. bring this person or persons to justice. President pro tempore. Comfort and sustain the victims’ fami- The assistant legislative clerk pro- lies. Reading the news and watching on Mr. REID thereupon assumed the ceeded to call the roll. televison the aftermath of the massive chair as Acting President pro tempore. Mr. REID. Madam President, I ask attack of terrorism in Bali, further f unanimous consent that the order for the quorum call be rescinded. convinces us of our battle against an MORNING BUSINESS evil, world-wide terrorist movement. The PRESIDING OFFICER (Ms. Lord, help us to deal with this insid- The ACTING PRESIDENT pro tem- STABENOW). Without objection, it is so ious treachery. At the same time, pore. Under the previous order, the ordered. Pakistan boils with anti-American sen- Senate will now begin a period of f timent. And we seem to have made lit- morning business not to extend beyond ORDER OF PROCEDURE tle progress in negotiation with Iraq. the hour of 11 a.m., with Senators allowed to speak therein for up to 10 Mr. REID. Madam President, it is my All this brings us to a deeper reliance understanding that there is an order on You. Quiet our turbulent hearts; minutes each. The order for the quorum call is re- for the Senate to stand in recess be- renew our dependence on You. Thank tween 2 o’clock and 3 o’clock today. Is You for the great women and men of scinded. In my capacity as a Senator from Nevada, I suggest the absence of a that correct? this Senate. Strengthen them, give The PRESIDING OFFICER. That is them courage, inspire their discern- quorum. The clerk will call the roll. correct. ment, guide their decisions. With them Mr. REID. Madam President, I ask The assistant legislative clerk pro- we fall on the knees of our hearts and unanimous consent that the order be ceeded to call the roll. commit our lives to You. Reign su- vitiated. preme in this chamber and in the mind f The PRESIDING OFFICER. Without and soul of every Senator. You are our ORDER OF PROCEDURE objection, it is so ordered. Lord and Saviour and are greater than Mr. REID. Madam President, I ask evil. Amen. The ACTING PRESIDENT pro tem- unanimous consent that the Senate be pore. In my capacity as the Senator in a period of morning business until 3 f from Nevada, I ask consent that the o’clock, with Senators permitted to order with respect to the consideration speak therein for up to 10 minutes PLEDGE OF ALLEGIANCE of H.R. 3295, the Election Reform legis- each. The Honorable HARRY REID led the lation, be modified to reflect consider- The PRESIDING OFFICER. Without Pledge of Allegiance, as follows: ation of the conference report begin- objection, it is so ordered. I pledge allegiance to the Flag of the ning at 3 p.m., Tuesday, October, Mr. REID. I suggest the absence of a United States of America, and to the Repub- today, under the same conditions as quorum. lic for which it stands, one nation under God, the previous order, with all other as- The PRESIDING OFFICER. The indivisible, with liberty and justice for all. pects of this order remaining in effect. clerk will call the roll.

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

S10401

VerDate 0ct 09 2002 04:02 Oct 16, 2002 Jkt 019060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A15OC6.000 S15PT1 S10402 CONGRESSIONAL RECORD — SENATE October 15, 2002 The assistant legislative clerk pro- not been done during the year, and own energy policy. Certainly, we have ceeded to call the roll. when putting them together it can be- a broad energy policy. We have talked Mr. THOMAS. Madam President, I come a very haphazard kind of ap- about lots of things that go into it. We ask unanimous consent that the order proach. Frankly, I think the leadership talked about production. We talked for the quorum call be rescinded. responsibility, and the responsibility about the availability of energy The PRESIDING OFFICER. Without for all of us, is to cut through that and sources. objection, it is so ordered. to establish some priorities and talk We have gotten ourselves into the po- f about those things that need to be sition of importing nearly 60 percent of done. It sounds increasingly as if we our energy. And that situation is very ESTABLISHING PRIORITIES will be back in a lame duck session iffy because of the condition we are Mr. THOMAS. Madam President, I after the election is over to finish some now facing. So we do have to do some come to the floor today to talk a little of the items. Most apparent among things. bit about where we are and, hopefully, them are appropriations bills. We talk about production in the en- about where we are going, and, more We do not have a budget. It is the ergy bill. We talk about production in particularly, some comments about en- first time in many years we have not terms of encouraging the production of ergy, which I think is one of the real had a budget. A budget is very impor- oil, production of coal, the production important points that we must talk tant, not simply because there would of gas. Some of the proposals have to about. be a budget but because it is a process do with access to public lands where, First, let me say that certainly we for holding down spending. And if the such as in my State, for example, 50 find ourselves in a difficult position as appropriations bills exceed the budget percent of the State belongs to the we close this session. I think we have that has been agreed to, then you can Federal Government. And in many of brought ourselves into that position by ask for a point of order, and then have the Western States more than that be- not moving more quickly on some of to have more votes to pass it than you longs to the Federal Government. the issues that have been out there and do without it. So it is not just the idea So we have to devise a plan where we that now we desire to have passed. of a budget for the sake of a budget; it can take advantage of those resources It is very difficult to resolve some of is a mechanism that helps hold down and, at the same time, of course, take these issues in the ending moments of spending. care of the environment. We can do a session. Certainly, we are not going I think we have passed just 1 out of 13 that. And we have shown we can do to be here much longer. Clearly, we are of those appropriations bills. Hope- that. going to go into a recess before the fully, in the next 2 days, we will pass We are particularly interested in coal election. Particularly those who are another. We must pass the Defense ap- as being a source of energy that we running are very anxious to do that. propriations bill, in my judgment, be- pursue more. People are in favor of And, indeed, to be fair to voters, people cause the need for defense dollars cer- that. We have to do more about clean who are running should be out in the tainly has increased over last year. air. We have to do some research on country talking about their positions. And the continuing resolution we will coal. We have to do what is necessary So it seems to me what we have be- pass will simply extend the authority to provide clean-coal energy. More fore us is the chore of putting some pri- of the other appropriations bills we than 55 percent of electricity is now orities on the many issues that are out passed last year at their levels. produced from coal. And 95 percent of there and making the determination as So we have some items that have to our fossil fuel is coal. So coal is very to which of those are going to be the be done. I think we are going to be important to our energy use. issues that we emphasize and indeed dealing, of course, with election re- In the bill there are a number of move to finish. And there are lots of form. It is very important. It is hardly items that have to do with encouraging them out there. our biggest priority, in my view, be- the clean use of coal, whether it be in We can talk about the issue of bank- cause it does not apply to this election. research or whether it be incentives to ruptcy which, of course, is something But it will apply in the next election. build new plants or upgrade existing that has been ongoing for a long time. We have some time in that regard. Nev- plants to make them more clean, in- We have not been able to come to- ertheless, it is on the agenda. cluding existing plant credits. gether on the fairness of that. We can As I said, we are going to be dealing Oil and gas: Of course oil provides talk about reinsurance for construc- with the Defense appropriations bill. It about 40 percent of our Nation’s en- tion, particularly for large buildings. is a must-do piece of legislation, in my ergy. Natural gas is providing more That issue is very important to the opinion. Certainly, then, in order to than it did in the past. But, nonethe- economy. It is one we have not been continue to have the Government oper- less, we need to continue to work on able to resolve, mostly because of a li- ate, we have to pass a CR. I suppose that. ability issue. maybe there are other items with Oil has been a controversial issue, of Certainly, an unemployment exten- which we need to deal. In my view, course. The idea that you open up less sion is something that needs to be those seem to be the items that are than 2,000 acres out of millions has dealt with, as it expires in the fairly necessary and that we need to do. seemed not to be acceptable by envi- near future. On the other hand, the One of the issues out there that has ronmentalists. Another opportunity points of view are quite different in been difficult—but I think we have would be, perhaps, to go from private terms of the most effective and effi- worked at it for a very long time—is an land to cross some of the ANWR with a cient way to do that. energy policy. We have not had an en- right-of-way. I don’t know whether We have Medicare givebacks, as it is ergy policy in this country for a very that will be acceptable. called, which is in relation to taking long time. We need an energy policy. Nevertheless, I think we have to up the slack in hospital costs in pro- We need it particularly now in terms of move forward. And we have to have vider payments over a period of time, the turmoil in the Middle East. A good more geophysical research. We are which, if not corrected, very likely will deal of our energy is imported from the working on that. We can do something cause some providers not to deal with Middle East. We need an energy policy about rental payments. All of these Medicare patients. It is very impor- now because of our economic condition. areas of concern encourage production. tant. I happen to be from a rural State. Energy is certainly a big part of our Along with this, we have to continue There are activities related to that economy and our security. Those are to look at conservation: conservation which specifically have to do with two issues that are most important to in homes, conservation in the kinds of rural health care. And we would like to all of us. And to do that well, we need equipment that we have in our homes. do that. an energy policy. We have to also take a look at auto- And there are other issues. But there The President asked for an energy mobiles to do something with CAFE are a great many items, of course, policy nearly 2 years ago—a year and a standards to reduce energy use. But which, when you come to the end of the half ago. He outlined an energy policy there are many things we can do in session, everybody wants to take a that he sent to us. We have been all terms of conservation, and indeed we look at. These are all items that have this time trying to come up with our should.

VerDate 0ct 09 2002 01:12 Oct 16, 2002 Jkt 019060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G15OC6.006 S15PT1 October 15, 2002 CONGRESSIONAL RECORD — SENATE S10403 One of the areas in which I have been energy, whether it be other kinds of re- been dealing with trying to bring to- particularly interested and one that is newables, is out there. The question is, gether the House and the Senate will now under debate—and I don’t know Do you mandate renewables that cause be able to put forth a bill. We are hope- where we are in terms of the timing— the consumers to have to pay more at ful that indeed they will. Of course, it is the electrical provisions. That is this time or do you give incentives so may lap over into a lame duck session, very important. All of us, obviously, that we can go forward in that way? but that is fine. I suppose in the worst depend on electricity in our homes and I always remember years ago—of instance—at least I think it is the in our businesses. We have had elec- course, Wyoming is an energy-oriented worst instance—if we don’t do any- tricity very reliably for a good long State. We had a meeting there. I be- thing, then we can take this work and time. We found last year in the Cali- lieve the speaker was from Europe, but put it back into next year’s efforts. But fornia experience some difficulties in he made the point—and I think it is an we do need to be more aware of doing reliability brought about for various excellent point—that through time we the things in this body that need to be reasons. Nevertheless, it raised the have never run out of a fuel; we move done. And, of course, we don’t all specter of unreliable electric service. from one fuel to another as we find agree, but we need to find ways to So we deal with that in the bill, some new, more efficient fuel. We used to move forward. reliability provisions. have wood. Now we don’t use wood. We have found ourselves in the last We are changing the way we do elec- Then we had coal. Then we had gas. several months without much forward tricity. In the past, you had an electric And we will continue to do that as movement, without much activity— company that served an area in terms science looks for new ways to provide still haven’t done homeland security of its customers and also generated its energy. We need to do that. over relatively small differences of own power and did its own distribution. Ethanol has been one of the issues as view. Now we are moving to a situation well: How much requirement is in- I am hopeful that as we enter into where you have generators that are not cluded in the ethanol and what per- these literally last few hours here be- in the distribution business and sell centage of it is in gas and so on. Those fore we have some kind of recess, we their energy where it is needed. It is are the kinds of issues we have talked can set some priorities collectively, do probably a very efficient way to do about a great deal. those things that must be done and not things, but it is a change. During the Part of the bill also has to do with try to do everything haphazardly, process of that change, there have to the pipeline from Alaska for natural which will obviously result, if we do be some changes in the rules as well— gas so we can have that kind of re- too many things to move forward—do access to transportation and trans- source available to us. what we have to do, go do our elec- mission, probably over time a trans- Many of these things are being con- tions, come back, and then we will mission system that is made up of re- sidered in the tax title where there will have to take up what is yet undone. gional distribution organizations off be incentives for the kinds of produc- I yield the floor. nationwide transmission lines, for ex- tion we need for the kinds of research The PRESIDING OFFICER. The Sen- ample. we need and the things that can hap- ator from Utah. As there is more market in the sale pen. f of electricity, there has to be trans- So we are down to, frankly, a stress- ECONOMIC NEWS parency so we avoid some of the kinds ful point in terms of timing. We have of issues that allegedly occurred in worked on this energy policy now for Mr. BENNETT. Madam President, California, and we can do that. There the better part of 2 years. We have last Friday the majority leader, Sen- are things we need to do there, as well worked on it here in the committee for ator DASCHLE, along with the minority as in conservation, in terms of being a long time. Finally, unfortunately, it leader in the House, Congressman DICK able to renovate generation plants to was pulled from the committee and put GEPHARDT, presided over an economic make them more efficient without hav- on the floor without a committee bill. summit and discussed the state of the ing to go back and redo the whole gen- I think we were 4 weeks here on the economy. Since that summit was erator. floor talking about energy. So we spent called, the Dow Jones average has gone We are talking about mergers, doing a good deal of time on it. up close to 800 points. I would like to away with some of the old laws with Obviously, different parts of the congratulate them for their wisdom in respect to mergers and dealing with en- country have different points of view calling such a summit and producing ergy as it exists now in the more mod- as to how energy bills ought to be that result. I hope they will have an- ern phase and many of the things with structured and how they impact dif- other one and we will have the Dow go which we need to deal. I hope we are ferent parts of the country. Some up another 800 points. able to do that. States are more production oriented; I was not planning to talk about this, One of them is Indian energy. There others are more user oriented. And but when I was on my way to lunch, I is a proposition in the bill that allows there are some differences there. checked and discovered that at that for easier access to Indian lands, There is always a conflict about how time, at least, the Dow was at 8200, should they want to do that, which is much authority goes to FERC, the Fed- whereas it was down in the low 7000s good for them economically as well as eral Energy Regulatory Commission, just a week ago. providing more energy for the country. as opposed to the States. That, of I know this will come as something I mentioned clean coal. We have been course, is one of the reasons that many of a disappointment to those who are doing a good deal more research so of us are in favor of getting the re- hoping in the election that the econ- that coal can be used that way. We gional transmission organizations omy will be seen as terribly under have talked about nuclear power. Nu- going, so that the decisions that have water and will do their very best to try clear power certainly is one of the to be made interstate in these areas to stir up a sense of blame for the lousy cleaner powers we have, and indeed can be made largely by the States and economy and blame it on one party or nearly 20 percent of the energy in Illi- they come to an agreement as to how the other. nois, for example, is nuclear. So it is an you do that. I am encouraged by the wisdom of opportunity for us to do many of the Also, there are always some difficul- the American people. According to the things we need to do and can do in a ties, of course, between the municipals latest polls, the majority of the Amer- way that is acceptable, particularly to and co-ops as opposed to investor- ican people, who have a view on the the environment. owned utilities. It is not an easy economy and where it is, understand Renewables have been one of the real project, but it is one that is very im- that we are not in a recession anymore. areas of controversy. Renewables now, portant to our comfort, very important We are, in fact, in a recovery; all of the not including hydro, produce about 1 to our economy, very important to our rhetoric is to the contrary here on the percent of our energy, our electric en- security, and one that has had a great floor of the Senate. ergy. So it is very small. But the op- deal of work on it this year. Secondly, the recession that preceded portunity to grow, of course, whether I guess we will probably know tomor- this recovery was caused primarily by it be wind energy, whether it be Sun row whether that committee that has the business cycle and was not caused

VerDate 0ct 09 2002 01:12 Oct 16, 2002 Jkt 019060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G15OC6.009 S15PT1 S10404 CONGRESSIONAL RECORD — SENATE October 15, 2002 by President Bush’s election or any slowdown in the last half of 2000. It The assistant legislative clerk pro- other political event. As I have said turned into a recession that lasted for ceeded to call the roll. here on the floor before, the business three quarters—the last three quarters Mr. JEFFORDS. Mr. President, I ask cycle has not been repealed. We would of 2001. Then we started coming out of unanimous consent that the order for like to think we could repeal the busi- it. Well, those numbers don’t add up. the quorum call be rescinded. ness cycle. Indeed, if we knew how, The recession started in the beginning The PRESIDING OFFICER (Mr. both parties would do it because nei- of 2001. We have now had five quarters AKAKA). Without objection, it is so or- ther party wants to go into an election of growth—admittedly, not as strong dered. situation where the economy appears as we would like to have. Admittedly, f soft. So both parties—if they under- there are sectors of the economy that JOBS FOR AMERICAN FAMILIES stood how to repeal the business are still mired in recession. Talk to the Mr. JEFFORDS. Mr. President, I rise cycle—would quickly take the steps to people in the hospitality industry. today to discuss the state of our econ- do that. Travel has not come back since Sep- omy. I was heartened to read in this As a matter of fact, however, as we tember 11 to the degree that it was morning’s Washington Post that the look at it throughout our history, there before—particularly business administration is finally acknowl- Congress’s record—indeed the adminis- travel. Airplanes are full, but the air- edging our economy is in trouble. Of tration’s record—has not been all that planes are not making any money be- course, it came as the Republican Na- good in terms of dealing with the busi- cause in order to get them full, the air- tional Committee was writing a memo ness cycle. Usually, when we get into lines are heavily discounting fares. So to send to its campaign, reporting that the business of trying to outguess it, that portion of the economy is not internal polling shows the economy is we make things worse rather than bet- doing well. the most important issue to voters. ter. I remember reading a book by Paul Housing has done extremely well. Surprise. It seems the Bush adminis- Johnson where he was talking about Consumer spending stays up because tration is more interested in respond- the Great Depression and the great ef- household income has held. The sense ing to recent poll numbers than re- forts being expended by the New Deal. of wealth has held because people’s sponding to the economic indicators He said the efforts expended by the houses are worth more. They have lost that have been staring them in the face New Deal administration in the 1930s money in the stock market, but they for more than a year. made the Great Depression last longer have seen equity increases in housing, The economic statistics are most and go deeper than would have been primarily because of lower interest troubling. Business investment is the case if they had done absolutely rates. I think the lesson is that we can down. The annual growth of business nothing. get carried away with our economic investment is 7.6 percent, the weakest I commented on that to some Ph.D. analysis. We can look back and say the business investment trend under any economists and said that I understand economy boomed in the nineties be- administration in the past 50 years. that is heresy, and they said: No, quite cause Bill Clinton was elected Presi- Consumer confidence is down. Between the contrary, Senator. That is basi- dent or we can say, no, the economy January of 2001 and August of 2002, con- cally what has been understood and is boomed because Newt Gingrich was the sumer confidence dropped by nearly being taught in the schools of econom- elected Speaker. one-fifth. The stock market is down, as ics around the country—that the inter- The fact is, we need more humility as everyone knows. Between January 2001 vention in an attempt to override the politicians and we need to understand and September 2002, stocks listed on marketplace and the laws of econom- the economy boomed because the the New York stock market exchange ics, however well-meaning on the part American entrepreneurs and business and the Nasdaq markets lost $5.2 tril- of the Government, actually makes people did a good job. Those of us in lion in market value, a loss of more things worse rather than better. Congress and those in the White House than 35 percent, or more than $9 billion As we look at our last recession, we contributed to it basically to the ex- per day. know now pretty clearly what caused tent that we got out of the way and let The 23 percent average annual de- it. It was the bubble of speculation it happen. Now, we need to have some cline in the S&P average index under that surrounded the high-tech indus- of that same understanding. the current administration is the try, and people got carried away with I would like to pass the terrorism in- sharpest decline since the Hoover ad- their conviction that the bull market surance bill. I think that would go a ministration. Last month was the was never going to turn to a bear; that long way toward bringing the commer- worst September performance for the we were always going to be going up, cial real estate sector of the economy Dow Jones industrial average since up, and up—as Lucy wanted to in the back. That sector is hurting, and one of 1937. Charlie Brown cartoon. Charlie said, the reasons is that people will not en- The Congressional Budget Office said ‘‘Life has its ups and downs.’’ She said, gage in major commercial enterprises last Friday the Federal Government ‘‘I want nothing but ups.’’ There were if they cannot get terrorism insurance. 2002 deficit will hit $157 billion. This plenty of people in the 1990s looking at We have been sitting on that bill in onslaught of red ink is truly remark- the market and the economy and say- this body for close to a year. We passed able. It is being driven by the largest ing: We want nothing but ups. it. It has gone to conference. The con- percentage drop in individual tax reve- Sometimes that cannot be accom- ferees have not been allowed to produce nues since 1947. That is over 50 years plished. We got out ahead of our- a product yet. I hope the majority lead- ago. selves—there was too much capacity. er will work with the conferees in al- Let me give the folks a little Yankee The business cycle kicked in, as it allowing them to bring a conference re- economic wisdom. People pay less in ways does, and there we were in a report to the floor before we adjourn. I taxes when their earnings go down. We cession. The slowdown began—we now think that is one thing we can do that are now spending Social Security reve- know—in the midyear of 2000. I remem- would make the recovery more robust nues to balance our budgets for the ber, with some interest, because there than it is. first time since 1997. Ninety-four per- was an election going on, there were Basically, Madam President, I think cent of the surpluses projected when those who criticized then-Governor we need, as I say, a little humility as President Bush took office have al- Bush, who was saying that we were politicians, and we need to understand ready disappeared. That is a $5.3 tril- going into a slowdown. They said: No, the economy is very sound, very lion drop in just 2 years. If the past is no, we are not going into a slowdown. strong, and it is coming back—but a any guide, we can expect higher inter- You are trying to pretend that it is for little more steady as she goes rather est rates in the future as the Govern- political purposes, and isn’t it terrible than a sense of panic is what is called ment competes with the private sector for you to be saying there is a slow- for. for capital. down underway when, indeed, we are I yield the floor and suggest the ab- With all of this, I was stunned to re- still having ups, ups, and ups. sence of a quorum. ceive a letter from the Congressional We now know that then-Governor The PRESIDING OFFICER. The Budget Office late Friday which indi- Bush was right; we were going into a clerk will call the roll. cates even more layoffs of American

VerDate 0ct 09 2002 01:12 Oct 16, 2002 Jkt 019060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G15OC6.012 S15PT1 October 15, 2002 CONGRESSIONAL RECORD — SENATE S10405 workers may be around the corner. I feel sad today when I look at the when they will be able to retire. Now These layoffs can be attributed to the economy and think what it could be or they are wondering if they will be able lack of commitment from the adminis- should be; yet we are spending all our to retire. tration to fully fund our Federal high- time on an important issue, no ques- This chart shows what has happened way program. The CBO letter made tion, about the status of Iraq. But I in the job market in the last 2 years. clear that the continuing resolution, hope this body will turn its attention The people wondering if they will be which the other body is working on now to economics and the problems we able to retire are the lucky ones. To now, will have the effect of cutting fu- are having and those that will lie even think about retiring, you have to ture spending on highway construction ahead if we do not take action now. have a job. Since President Bush took jobs by over $4.1 billion and cutting I yield the floor and suggest the ab- office, unemployment has jumped by current spending by $1.1 billion. sence of a quorum. 1.5 percent. More than 2 million people I quote the letter of October 11, 2002, The PRESIDING OFFICER. The have lost their jobs. These are private from the Director of CBO regarding the clerk will call the roll. sector jobs. We started in January of amendment being proposed by the The bill clerk proceeded to call the 2001 at 111 million jobs actually being other body: roll. held. We have now dropped from 111 With the amendment, CBO would reduce Mr. DASCHLE. Mr. President, I ask million to 109 million in about 18 its estimate of 2003 obligations and outlays unanimous consent that the order for months. Many of those who lost their under a full-year continuing resolution by the quorum call be rescinded. $4.1 billion and $1.1 billion, respectively. jobs are having trouble finding new The PRESIDING OFFICER. Without work. Nearly 1.5 million people have I am convinced that we need more objection, it is so ordered. been unemployed now for over 6 leadership from the White House on the months. These people have not just issue of jobs for American families. Our f lost their jobs, they are starting to lose attention is constantly being diverted THE ECONOMY by the White House talk of war. Unem- hope. Mr. DASCHLE. Mr. President, last This chart shows what we had at the ployment in September stood at 8.1 week we completed our debate on Iraq. beginning of the year 2001. About million Americans. This does not count It was a difficult debate, but at the end 648,000 people were unemployed for those who have given up hunting for we were able to come together to speak more than 26 weeks. That number has work. That is 1 million more unem- with a large degree of consensus on an now jumped from 648,000 to 1,585,000 ployed as compared to a year ago. issue of national security. To Demo- people. Now they are also losing their Families whose unemployment benefits crats, security means more than na- unemployment insurance. Unemploy- have long since run out are focused on tional security and homeland security. ment insurance is supposed to provide how they will pay their rent or make It also means economic security, re- temporary help to people who lose their mortgage payments or, even tirement security, the security of their jobs to tide them over until they worse, where they will get their very knowing that if you lose your job, you find new ones. But now many who lost next meal. can find a new one, and if you get sick, their jobs in the months after Sep- Construction jobs are good jobs. Each you can get health care. And it means $1 billion spent on highway projects tember 11 are losing their benefits. the security of knowing that those Now they are trying to find a job in an creates 47,500 full-time jobs. These jobs goals are not being undermined by poor help the entire economy, not just the economy even worse than the one that economic leadership and ideologically had caused them to lose their job in transportation sector. The cut in fund- driven economic leaders. ing highlighted by the CBO letter the first place. The news, when it comes to Amer- This chart shows what has happened. means nearly 200,000 Americans will ica’s economic security today, has not not find gainful employment, which In 1992, 1.4 million workers had ex- been good. This chart shows one of the hausted their unemployment benefits. they could find if it was better handled. many ways with which to determine According to the Department of Now, in the year 2002, we expect that the state of the economy. Last week, Transportation, our network of high- number to be exceeded by 800,000—the the Wall Street Journal reported that ways contributes, on an average, one- number of people who will experience quarter of the yearly productive we are experiencing the worst market the expiration of their unemployment growth rate in the United States. since the 1930s. This is not just a bear benefits. To quote the Department of Trans- market, it is a grizzly bear market. The market is in steep decline. Peo- portation: The broad Standard & Poor’s 500 Stock ple are losing jobs. People are unable This highlights the highway network’s im- Index has now lost nearly half of its to find jobs. There is a daily drumbeat portance to maintaining economic growth. value. Since President Bush took of- of negative economic news. There is no The White House needs to listen to fice, Americans have seen the markets question—any one of these charts its own transportation department. lose $5.7 trillion in value. That is $9.5 points out very clearly—Americans are The U.S. Department of Transpor- billion a day that has come out of the hurting. tation says for each $1 billion invested market. This red piece of the pie chart But this administration does not un- in highways, almost 8,000 direct on-site is an approximation of what has been derstand their pain because it does not highway construction jobs are created. lost. About one-third of the entire mar- see a problem. On September 5, presi- For each $1 billion invested, around ket capitalization has been lost in less dent Bush said confidently: 20,000 supply industry jobs are created. than 2 years—$5.7 trillion. I am optimistic about our economy. I am For each $1 billion invested, around Here is what that means to a person optimistic about job growth. 15,000 jobs are supported within the with $100,000 in a 401(k) invested in the The next day—the very next day—the general economy as highway construc- Standard & Poor’s 500 Index when Bureau of Labor Statistics reported tion employees spend their wages. President Bush took office. The value that in the previous month manufac- I say to the White House, devote at of their investment has now decreased turing lost 68,000 jobs and retail busi- least some attention away from Iraq by $35,000. Many who were invested nesses lost another 55,000. and to getting Americans back to more aggressively have lost much On September 14, we learned that be- work. I urge the White House to sup- more. If you had $100,000 in January of cause homeowners were having such a port funding in the continuing resolu- 2001, you now have $65,000 in September hard time paying bills, home fore- tion which allows us spending at the of 2002. closure rates reached their highest rate rate of $31.8 billion, equal to last year’s A lot of Americans who are lucky in 30 years. level. enough to have a little bit of money A couple of days later, Lawrence As chairman of the Environment and saved and invested are seeing their Lindsey, Director of the National Eco- Public Works Committee, I will work children’s college investments and nomic Council, said: with the congressional leadership to their own nest eggs disappear. We have There’s a lot of good news out there. We assure maximum funding possible for recently seen an increase in the num- have challenges as well. But given those the reauthorization of the transpor- ber of 60- to 70-year-olds in the work- challenges, I think the economy is doing tation bill. force. These people are not wondering very, very well.

VerDate 0ct 09 2002 01:12 Oct 16, 2002 Jkt 019060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G15OC6.014 S15PT1 S10406 CONGRESSIONAL RECORD — SENATE October 15, 2002 On September 24, we learned that the Republican politicians and more time ing on major long-term spending or poverty rate increased for the first trying to save the jobs of average revenue obligations that will make it time in 8 years with 1.3 million more Americans. even more difficult to meet our respon- Americans falling into poverty. We Unfortunately, not only are the sibilities to Social Security and Med- also learned that median household in- President and his advisers out of touch icaid. come fell for the first time in a decade. with our economic problem, but they That was the advice we received. The next day, Treasury Secretary are out of step when it comes to solu- What did this administration pro- Paul O’Neill told us: tions. They have seemingly pursued pose? They proposed permanently The latest indicators are good. ideological goals at the expense of eliminating the corporate alternative minimum tax. House Republicans went On September 29, the census reported sound economics, and the American a step further and proposed making the that the number of Americans without people will pay the price. alternative minimum tax cut retro- health insurance rose yet again—this Last year, it became clear that our active. Incredibly, that one provision time by 1.4 million people to 41.2 mil- economy was starting to slow. Every would have given $250 million in one lion. Not only are low- and middle-in- objective economist told us tax cuts check from the U.S. taxpayers to the come families losing income because of could help solve the problem. But they had to be the right kind of tax cuts. Enron Corporation. That is right—$250 the skyrocketing price of health care million from every taxpayer in Amer- premiums and prescription drug costs, They had to boost consumption be getting money into the hands of people ica to none other than the Enron Cor- they are now losing their health insur- poration. ance. who would spend it—people with moderate incomes. It had to be done now, That had nothing to do with stim- Two days later, the President said: ulus. To this day, I am not sure what it I think the economy is strong. There are affecting the economy now, and affecting people’s incomes now. At the same had to do with. Instead of a temporary some rough spots, but we will deal with it. business investment incentive, they in- Last Thursday, Secretary O’Neill and time, we were told that whatever we did, we should make sure it didn’t do sisted on a 3-year bonus depreciation, Secretary Evans had a joint press con- which was passed. That essentially said ference. Secretary O’Neill said: any long-term fiscal damage. Here is what the Democrats said: let to businesses: You don’t need to invest We are on a bumpy road to recovery, but us pass a bill to provide immediate tax now. Wait a couple of years and see the direction is still up. relief for all families. Let us do that how it goes. The Administration and congres- Secretary Evans added: now—just as the economists proposed sional Republicans have refused to pro- I am one that is pleased with the recovery we do it. It included a tax cut check. vide any aid to hard-hit States which, that is now underway. Unlike the plan that passed, it made as a result, are now being forced to cut The next day—the very next day— sure every taxpayer, including those health care and education programs. this is what we saw: Consumer con- who pay only payroll taxes, would get They had to be dragged kicking and fidence and consumer spending de- one. It would have also reduced the 15- screaming to an extension of unem- picted in this chart both falling, retail percent tax rate—the rate paid by all ployment insurance despite the fact sales taking their worst drop since No- income-tax payers—to 10 percent, and that former Treasury Secretary Rubin vember of last year, and consumer sen- it would have done it permanently. It timent dropping to levels last seen in called it ‘‘a near perfect stimulus.’’ would have been fair, fiscally respon- When the markets were shaken by a the fall of 1993. sible, and stimulative. This chart shows the consumer ex- wave of corporate scandals, it was clear Instead of passing that responsible we needed real reform in order to boost pectations and what has happened over plan, the President and his advisers in- the course of the last 6 months. In investor confidence. The administra- sisted on a plan that had far less imme- tion again said and did the wrong May, consumer expectations were rel- diate tax relief but had a cost that ex- atively high at 92.7. Many thought the thing. On January 14, 1 month after plodes to $250 billion in the year 2011 Enron declared bankruptcy, 4 days economy was going fairly well and alone. Smart tax relief for everyone thought it was going to continue to do after the Justice Department con- was held hostage by the President and firmed that a criminal investigation of better. That index dropped to 87. It his advisers to a massive tax cut for Enron had begun, Secretary O’Neill went down to 81 in July, and then down the very few at the very top. said: to 80. Now it is all the way down to 72. Moderate earners got their $300 im- We have lost almost 25 percent of con- Companies come and go. It’s part of the ge- mediate rebate check, but not until nius of capitalism. sumer confidence in just 5 months. millionaires got a tax cut equal to that After dragging their feet on cor- ‘‘The direction is up.’’ That is what $300 rebate check every other day. the Bush administration said. Opti- porate accountability, this administra- Now, after going from record surpluses tion reluctantly came to the conclu- mistic about job growth, the latest in- to real deficits, we are seeing just how dicators look good, the economy is sion it had to support it. But now it is bad a decision that was. standing idly by as its appointees try doing very well. Some rough spots? I After September 11 dealt another don’t know where these guys are liv- to undermine the tough reforms that blow to our already staggering econ- we passed last summer. ing, but it must be somewhere within omy, we all agreed that the American Last week, it was reported that Har- the neighborhood of oblivious. When it economy needed a stimulus. So Demo- vey Pitt, the former accounting indus- comes to America’s economic prob- crats and Republicans of the Senate try lawyer chosen by President Bush to lems, this administration is woefully asked the experts, including Federal head the SEC, has given the accounting out of touch. Reserve Chairman Alan Greenspan and industry a veto over who will head the A couple of weeks ago, the President former Treasury Secretary Robert new Accounting Standards Board, the said: Rubin, what are the most effective centerpiece of the corporate account- I spend a lot of my time worried about the steps we can take to shore up our econ- ability law we passed. job security of our fellow citizens. omy? Here is what they told us: Put According to news reports, Chairman Last week, it became even more clear money into the hands of low- and mid- Pitt blocked the appointment of John that this administration’s focus is not dle-income workers. They are the ones Biggs, a highly respected reformer, to the economy. The White House an- who will spend it quickly. Make sure head that new board at the insistence— nounced that the President will be hit- that workers who have lost their jobs at the insistence—of the accounting in- ting the campaign trail for 14 straight receive unemployment benefits, and dustry. If this is true, it means Harvey days before the November 5 election. In cut taxes for businesses, but limit the Pitt intends to let the same accounting fact, I am told he will be coming to tax cuts to those who actually help industry insiders, who ran Enron and South Dakota—my State—at least 2 of create jobs. other corporations into the ground, run those 14 days. Finally, they said our plan must be the new board that is supposed to pre- I would ask President Bush to do one affordable and temporary. After all, vent future Enrons. thing: Cancel the political trips and the baby boomers start retiring in less Now, as our markets plummet and spend less time trying to save jobs for than a decade, and we shouldn’t be tak- people are losing their savings, their

VerDate 0ct 09 2002 01:12 Oct 16, 2002 Jkt 019060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G15OC6.017 S15PT1 October 15, 2002 CONGRESSIONAL RECORD — SENATE S10407 jobs, and their confidence, this admin- accountable and helps workers get strengthen it in the long term is by istration is again proposing the wrong their money back if the people respon- doing it together. Whether that con- remedies. Even now, they are calling to sible for protecting their investment versation is part of a real economic make the tax cut permanent. Regard- abuse that trust. It makes it easier for summit or part of some other forum, it less of how you feel about that as a pol- workers to sell their company’s stock is a conversation that needs to happen. icy proposal, everyone should be able and diversify their holdings, and it For the last month and more, the to agree that new tax cuts in the year gives workers access to independent, country has been completely consumed 2011 will have no immediate effect on unbiased investment advice. with the debate about our proper our economy. In fact, by piling on an- We should be able to reach quick course in Iraq. Because that debate was other $4 trillion in debt during the next agreement and pass a bill that includes about issues of war and peace, and decade, it could hurt our economy in these elements. America’s national security interests, the short term by pushing up long- Fifth, we need to make sure that the it was altogether appropriate that we term interest rates. strong corporate accountability bill we should have a completely focused dia- Last week, House Republicans pushed designed, defended, and passed is logue. The President asked for that through the Ways and Means Com- strongly enforced. The centerpiece of dialogue, and he demanded we have it mittee a completely ill-timed increase this legislation is an effective, reform- before the election. We have met his in the capital loss limit. Coming at oriented accounting oversight board. It demand. But the American people have this moment of intense market vola- is time for the administration to de- their demands as well. tility, it is likely to cause wealthier in- mand that a strong leader is chosen in People are anxious, not just about vestors to sell their stock, thereby order to make this a strong board. their security against an international forcing the market down and forcing In addition, we should consider some threat, but about the security of their down the value of 401(k) and other in- fresh new ideas about how to get our jobs, the security of their retirement, vestment accounting even more. economy moving again. the security of their health, and the When it comes to dealing with our Last Friday, Senator DORGAN and strength of our national economy. economy, the President, his advisors, others hosted a bipartisan economic By virtually every measure, the and congressional Republicans have forum. Unlike the White House eco- President’s economic plan has put put forward two kinds of ideas: old nomic summit this summer, we heard America on the wrong track. He cannot ideas and bad ideas. They have been from people across the political and escape responsibility by blaming the wrong at every turn. And this dramatic ideological spectrum. It was a shame previous administration. He has had al- failure of economic leadership is doing the White House decided not only to most 2 years to generate a recovery. real harm to America’s businesses and decline our invitation to participate His economic team cannot divert at- to the economic security of average but to dismiss the forum as a publicity tention with out-of-touch happy talk working families. stunt because there were a number of or appeals to one or two positive eco- America deserves better leadership, interesting ideas discussed. nomic indicators. People see their in- better ideas, and a real debate about For example, one participant raised come falling, their jobs disappearing, economic future in this country. Demo- the possibility of a second rebate, one their retirement funds declining, and crats believe there are five areas in that would go to everyone who pays the cost of health care rising. which we can take quick action to help payroll or income taxes, and time-dis- We have given the American people our economy in the short term. These bursed spending around the holiday the debate the President says they are areas where there should be abso- season. It was also suggested that we need with regard to Iraq. Now the lutely no disagreement. look to improve the investment incen- President should give the American First, we should extend unemploy- tives we enacted earlier this year. people the other debate they are saying ment insurance. During the first Bush The problem with allowing busi- they want: a serious debate about their administration, Democrats and Repub- nesses 3 years to take advantage of a economic future. licans agreed to extend unemployment tax break on new equipment purchases I yield the floor. insurance three times. We were able to is that many have chose to do what we Ms. STABENOW. Will the majority agree that extending unemployment said they would do, they have chosen leader yield for a question? benefits was the right approach to a to wait. Because we want businesses to Mr. DASCHLE. I am happy to yield Bush recession then. We should be able invest now, one of the panelists sug- to the Senator from Michigan. to agree that it is the right approach gested making the investment incen- Ms. STABENOW. Mr. President, I to a Bush recession now. tive more immediate but more gen- thank the leader for refocusing on the Second, we should provide immediate erous. critical issues of economic security at fiscal relief for States. Right now, Earlier today, Minority Leader GEP- this time. When I am home in Michi- States are facing severe budget short- HARDT laid out a series of other ideas, gan, there is no question that while falls, and many are finding themselves including a rebate aimed at lower and people are concerned about national se- forced to cut crucial services, such as middle-income Americans, investments curity, the issues in front of them education, health care, and transpor- in school construction, antiterrorism, every day—economic security—are at tation. and help for States as they struggle the top of their list. As Paul Krugman wrote in the New with the health care crisis. I also appreciated his focus earlier York Times, aid to the States will ‘‘do These are all ideas that deserve a fair this year on the issue of lowering one double duty, preventing harsh cuts in hearing. We should have a real discus- of the biggest costs for our seniors and public services, with medical care for sion about them, and other ideas, to small businesses and farmers, everyone the poor the most likely target, at the help our economy in the short term. in the economy, which is the cost of same time that it boosts demand.’’ But we also need to focus on the long prescription drugs. Third, we need to increase the min- term. I am wondering, as you were talking imum wage. The minimum wage has As a result of what the President has about the President—now going on a lost significant purchasing power since signed into law, or is currently pro- 14-day trip in terms of campaigning—if it was last increased in 1996. Raising posing, our projected surplus of $5.6 you might agree that even just picking the minimum wage is not only a state- trillion becomes a $400 billion deficit. up the phone and asking the House of ment of our strongly held belief that The baby boomers are getting ready to Representatives to take up the bill people who work full time should not retire. that we passed, S. 812, which would cre- live in poverty, but by putting money This administration did not invite ate more lower-cost drugs through in the pockets of people who are most Democrats to their economic summit, generics and open the border to Canada likely to spend it, it is a strong stim- and they did not want to attend our and do a variety of things that would ulus as well. economic forum. This administration lower the prices, wouldn’t be some- Fourth, we need a strong bill to pro- needs to realize we are all in this to- thing we could call upon the President tect pensions. Democrats have a plan gether, and the only way we will spark to do? And wouldn’t it be true if we that allows workers to hold employers our economy in the short term and were simply to have the House pass

VerDate 0ct 09 2002 01:12 Oct 16, 2002 Jkt 019060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G15OC6.019 S15PT1 S10408 CONGRESSIONAL RECORD — SENATE October 15, 2002 that bill we passed this year, the bill BALANCING THE RECORD tion, his advice to Congress was to do that would create more competition Mr. NICKLES. Mr. President, I have two things: Show some fiscal discipline and lower prices, we could help our heard a couple of speeches by our Dem- and also do things that would stimu- families and businesses tremendously ocrat colleagues that are basically say- late trade. And we did pass a bill, trade by lowering the prices of prescription ing the entire fault of the economy is promotion authority, this year. Due to drugs, which are one of the main explo- that of President Bush. I just have a President Bush’s leadership, we did get sions of cost to our families? little different view and wish to share it through the House and the Senate. It Wouldn’t you agree that would be an the view somewhat to balance the wasn’t easy. It wasn’t even pretty in important focus between now and when record. some respects. But it passed both we leave? It is kind of interesting; we are an Houses. It passed the House by one Mr. DASCHLE. Mr. President, I equal branch of Government, the legis- vote; it passed the Senate by more thank the Senator from Michigan for lative branch. We are an equal branch than that after extraneous measures calling attention to yet another eco- to that of the executive. For one were put on that were not in the committee. That was not a good way to nomic issue that could have profound branch of Government to say, wait a legislate. There were three bills com- consequences on the ability the aver- minute, the economy is bad and it is bined into one. But we eventually did age working family has today to pay all the President’s fault, I find kind of pass trade promotion authority. That their bills and to keep their standard of interesting. We have equal powers was good. That will help the economy. living. As she and I have traveled the under the Constitution. Our powers are country, and certainly traveled our On the second recommendation, a little different. Maybe sometimes the Chairman Greenspan said show fiscal States, the issue of the cost of prescrip- President gets all the credit when tion drugs comes up over and over discipline. I give the White House high things are good and all the fault when marks in many regards. I give Congress again. things are bad, but that is not quite ac- The Senate passed a prescription a very low grade. If I was going to curate. Congress shares its portion of grade Congress on fiscal discipline, the drug bill that would reduce the cost to responsibility, whether it be good or every single person purchasing drugs grade would be an F. I am critical. I am bad. on the Budget Committee. I used to be today. It sits languishing in the House We have done a couple things that on the Appropriations Committee. But of Representatives. I hope the Presi- are good and some things that are bad. for the first time since 1974, we didn’t dent will do as the Senator suggests. I Maybe I will point out some of those pass a budget. And we have shown no hope he will pick up the phone from differences. discipline whatsoever. As a matter of Air Force One, since he is traveling all I find it interesting where one branch fact, for the last two or three Con- over the country, and tell the Speaker: of Government is faulting the other gresses, we have shown very little dis- Pass the bill, give us some real oppor- and assuming that is really the solu- cipline, whether or not we had a budg- tunity for relief this year. That, to me, tion. That is not the case. et. Even when we had a budget in the would be one of the many things he When the recession started, I remem- last 2 or 3 years of the Clinton adminis- could do to bring about longer term ber the stock market crashing or fall- tration, we continually waived it. economic security. ing dramatically in March of 2000. I be- If you are going to waive it by declar- The House also did real damage ear- lieve President Clinton was President ing things an emergency, or waive it lier this year. No one has looked at the at that time, and the market continued and say it doesn’t count, we basically bill, but I hope some day somebody will to fall. It rebounded a little bit in Au- had no budget. So as a result, we had write the real story about the atro- gust of 2000, and then it fell a lot more Federal spending climbing and climb- cious legislation passed by the House and has been falling since. If you look ing dramatically. Total outlays in- in the name of prescription drugs bene- at the precipitous rise in the stock creased, in the year we just completed, fits. Basically, as the Senator from market, it probably had risen too much 2002, the fiscal year, by $148 billion. Michigan knows so well, because she too fast, and so it had some falling out That is the largest percentage growth has become such a leader on this issue, to do. It has fallen; I hope it has not in spending programs in 20 years. the House of Representatives has fallen too much. Maybe now it has bot- Defense grew by 13 percent. I agree turned over prescription drug coverage tomed out and started to increase. with that. We underfunded defense for for seniors to HMOs. Given the horrific Actually, the last few days have been many years. Unemployment comp grew examples of abuse in our health system very promising. If somebody just got by a staggering 72 percent. Medicaid today, in large measure because of into the market last Monday or Tues- grew by 13.2 percent, the fastest since abuse by HMOs, can you believe any- day, they have made a remarkable rate 1992. Total outlays grew by 7.9 percent body would say, well, that is enough. of return in the last few days alone. I in fiscal year 2002. But if you exclude We are now going to turn over drug hope maybe the market has bottomed the decrease for net interest, spending coverage for seniors to HMOs, to the out. To say that is all President Bush’s grew by 11 percent last year, about 3 private sector, to people who simply fault is incorrect. times the rate of inflation. And then I are unable to live up to the expecta- The Washington Post on October 25 look at some of the other things Con- tions of all seniors, of the American said: gress did that affect spending. Now, we people? To blame the weak American economy on can control that. We control how much Again, the Senator makes a very im- Mr. Bush is nonsense. money we spend. We had a farm bill portant point. We have not been able to That is a direct quote from the Wash- that was billions of dollars over what address prescription drugs this year, in ington Post, which is not exactly was budgeted. The trade adjustment part because of their determination to President Bush’s biggest cheerleader. assistance bill had $11 billion of new turn over responsibility for drug cov- But they happen to be right. entitlement spending. We had an emer- erage under Medicare to HMOs and Let me say, instead of just trying to gency supplemental bill that was $4 bil- their unwillingness to deal with the ge- throw rocks at the Bush administra- lion over the President’s request. I neric legislation passed in the Senate tion, we should be looking at Congress. could go on and on. by an overwhelming margin last sum- What can we do. I don’t know that we There was $6 billion in drought as- mer. can just pass a few bills and make ev- sistance that—when we passed the I thank the Senator for asking the erything rosy in the economy. Nor does farm bill that was so expensive, the question. everything we do have a negative im- proponents said we won’t need to do The PRESIDING OFFICER. The Sen- pact. But I do believe we can make a drought assistance every year. Then we ator from Oklahoma is recognized. difference. came back and, sure enough, Congress Mr. NICKLES. Mr. President, I wish Some of the things we pass can help, passes billions of dollars more. So my to make a couple of comments. Par- and some of the things we don’t pass complaint is against Congress because, liamentary inquiry: Are we going to be can either help or hurt. I will mention for the first time, we didn’t pass a in morning business until 3? those. budget. Then because we didn’t pass a The PRESIDING OFFICER. The Sen- I remember a person all of us respect, budget, we didn’t pass appropriations ator is correct. Chairman Greenspan. His recommenda- bills.

VerDate 0ct 09 2002 01:12 Oct 16, 2002 Jkt 019060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G15OC6.021 S15PT1 October 15, 2002 CONGRESSIONAL RECORD — SENATE S10409 This is embarrassing. Here we are in leader and the chairman of the Finance CAFE standards: On the energy bill, the new fiscal year and we have not Committee never even had a markup many Democrat colleagues say let’s in- sent the President any appropriations on prescription drugs in the Finance crease the CAFE standards for auto- bills. By the end of this week, I think Committee, which has jurisdiction over mobiles. That is great. We are going to we will have sent the President two ap- that issue. They pulled the bill up on make everybody drive a Volkswagen- propriations bills—2 out of 13, all of the floor and we debated it for weeks, type automobile. That is not very safe; which are supposed to be done by the but we didn’t pass a comprehensive bill that is not what consumers want. It end of September. And here we are in to add prescription drugs as a benefit would certainly be detrimental, and it the middle of October. Congress, on ap- for Medicare because we didn’t let the would cost thousands of jobs. propriations bills, deserves an ‘‘F’’ this Senate work its will. We didn’t have it I mention these to say that there are year because we have not done a budg- marked up in committee. We didn’t two sides to the story. We are a little et, and Congress deserves an ‘‘F’’ be- allow Members to proceed as we less than 3 weeks from the election and cause we have not done one of our con- should. a lot of colleagues are saying: We want stitutional responsibilities, which is to I mention those few things. We are to throw rocks at the President, blame pass appropriations bills on time. getting close to election time, so they the President for the deficit. So we So I look at the Members of Congress want to start throwing rocks at the want to stop making permanent the who keep throwing rocks at the Presi- President and criticizing him for the tax cuts the President already passed; dent, saying the economy is in bad economy, without saying, what have and, incidentally, we want to spend a shape. Yet what are we doing? Have we we done? What has the Senate done? I whole lot more money. So they are done our job? No. What else could Con- might say we should be thankful for against the deficits when it comes to gress have done? What could the Sen- some things that we didn’t do and what taxes, but in favor of them when it ate have done? The House passed an en- some of our friends on the Democratic comes to spending money. Whether you ergy bill and we spent 7 or 8 weeks on side of the aisle wanted to do, or have are talking about Medicare adjust- it and it is still stuck in conference. If tried to do, which, if they were success- ments, drought assistance, unemploy- we would have passed an energy bill ful, would have made the economy a ment compensation—which, in a mo- that had allowed exploration in lot worse. ment, we will probably be debating—we I will mention one: ergonomics ANWR—the Alaska National Wildlife are going to have a major expansion of standards. There was a regulation pro- Refuge—as the House did, we could cre- unemployment compensation, more mulgated by the Clinton administra- ate hundreds of thousands of jobs. That than double the Federal program that tion in the last day or two of his term is still stuck, so the Congress has not we have today. Some will possibly pro- in office called ergonomics standards, passed an energy bill. pose that. It only cost $17 billion. What We have not passed a reinsurance which would have cost the economy billions and billions of dollars. I saw difference does it make? We don’t have bill. It passed the House and the Sen- a budget anyway. In other words, they ate, but we have not worked out the one estimate that was up to $100 billion. It was going to have the Federal don’t care about the deficit when it differences in conference, mainly be- Government set up a Federal workers comes to spending—only when it comes cause the Trial Lawyers Association compensation system—I started to say to the tax side. wants to have the extended ability to ‘‘scheme’’—that would have cost bil- I say these things because I think it sue victims of terrorism. So there are lions of dollars to regulate movement is important to move together and im- billions of dollars in construction in the workplace. It had such ridicu- prove the economy. I think we can do projects being held hostage because lous rules, such as you could not move it if Congress works together. We can Congress hasn’t been able to pass over 50 pounds 20 times a day and all take a lot of the measures the House antiterrorism insurance. kinds of little rules on how OSHA is passed and we can help the economy. If The House passed pension reform going to regulate business. Congress we would pass an energy bill, a reinsur- months ago. The Senate Finance Com- wisely stopped that regulation. That ance bill, pension reform, and if we mittee—of which I am a member—I be- was good. Some people still want to would be responsible and pass a budget, lieve, passed pension reform unani- pass that. It would have cost billions pass appropriations bills that meet the mously in committee. We have not and billions. budget guidelines, I think we could passed it on the floor of the Senate. I Some people say let’s pass the Pa- help the economy. I don’t think we urge the majority leader to call that tients’ Bill of Rights, which would in- help the economy by making a bunch bill up. If you want to talk about crease everybody’s health care costs. of political speeches and blaming ev- 401(k)s, and we want to protect them, Actually, the Senate passed that a year erything on President Bush. and pension plans, and so on, let’s pass ago in June. It is interesting to note I yield the floor. the bipartisan bill that passed out of that the House already passed it a year The PRESIDING OFFICER. The Sen- the Finance Committee to lend some ago, but we have not even gone to con- ator from Nevada is recognized. protection there. ference on that bill—maybe for a good We have not moved to make perma- reason. That bill would greatly expand f nent the tax cuts passed last year. I not only the right to sue the HMOs but keep hearing people being critical of also employers for providing health MEASURES PLACED ON CAL- the tax bill that passed. They want to care insurance for their employees. The ENDAR—H.R. 4968, S. 3099, AND S. say that tax bill caused all the deficits. employers could be sued, and the net 3100 That is totally false. The real cause, or result would be that a lot of employers culprit, wasn’t the tax cut; it is the would drop their health care. That Mr. REID. Mr. President, I under- fact of the failing economy. The econ- would hurt the economy, not help it. stand that H.R. 4968, S. 3099, and S. 3100 omy is staggering. Income receipts are Some people say let’s increase the are at the desk. down, and it is not so much because of minimum wage. That is one of the pro- The PRESIDING OFFICER. The Sen- the tax cuts but because of the econ- posals many Democrats are pushing ator is correct. omy. So we need to turn the economy now—increase that by $1.50 over the Mr. REID. Mr. President, I ask unan- around and allow people to keep more next 14 months. That is almost a 30- imous consent that these bills receive a of their own money. Let’s make the tax percent increase. Oh, that is great. second reading, and I object to any fur- cuts permanent. What if the business could not pay ther consideration of this legislation. Some people say, no, let’s increase $6.65? What if this is somebody trying The PRESIDING OFFICER. Without taxes. Let’s change the law. I don’t to help at a convenience store, and all objection, it is so ordered. think that is the remedy being advo- they can afford to pay is $5, maybe $6 The clerk will report the bills by cated by many, but I don’t think that an hour? We are just going to say that title. is a very good solution. is too bad; we would rather have you A bill (H.R. 4968) to provide for the ex- Then I heard our colleagues say we unemployed than to have a job like change of certain lands in Utah. didn’t pass a prescription drug bill. that. If you cannot pay $6.65, you are A bill (S. 3099) to provide emergency dis- That is not our fault. The majority out of work. aster assistance to agricultural producers.

VerDate 0ct 09 2002 01:25 Oct 16, 2002 Jkt 019060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G15OC6.026 S15PT1 S10410 CONGRESSIONAL RECORD — SENATE October 15, 2002 A bill (S. 3100) to amend title 18, United We know going back to the early tears at the pleading of my friend from States Code, to limit the misuse of social se- 1990s, former President Bush objected Oklahoma, the fact is the Senate never curity numbers, to establish criminal pen- to the extension of unemployment considered a bill because the Finance alties for such misuse, and for other pur- compensation and then, finally, saw Committee could not complete a bill, poses. the wisdom of it and indicated he and the Democratic leader brought a The PRESIDING OFFICER (Mr. CAR- would support the extension of unem- bill to the floor of the Senate. PER). The bills will be placed on the ployment compensation. We had a se- We passed a good bill, not the bill I calendar. ries of votes with more than 90 Mem- would have liked to have seen, a pro- f bers voting in favor of the extension of gram that would have been built upon EXTENSION OF MORNING unemployment compensation for the the Medicare system. I thought we had BUSINESS very sound reason that these workers guaranteed that in 1965 when we committed to the seniors of this country: Mr. REID. Mr. President, the hour of have paid in to the fund. The fund is in surplus, it now has some $27 billion. Play by the rules and pay into the 3 o’clock will be here in a minute or so. Medicare system, and your health care I ask unanimous consent that morning The Senator is quite correct that it would cost approximately $17 billion needs are going to be attended to. We business be extended for an additional did not say ‘‘with the exception of pre- 30 minutes, with Senators permitted to should this program go into effect now to assist those who have paid in to the scription drugs.’’ speak therein, with the exception of That is what has happened, Mr. program. Senator KENNEDY. I ask that he be The point of unemployment com- President. Every day we fail our sen- granted 15 minutes. iors, we break that commitment and The PRESIDING OFFICER. Without pensation is, unless you have paid in, you do not receive. So these are funds pledge to them. The Republicans had 5 objection, it is so ordered. years to report out a bill, and they The Senator from Massachusetts is that have already been paid by workers with the purpose in mind that if the failed to do so. Thank you, TOM recognized. DASCHLE, and thank you, DEBBIE economic conditions are such as at f STABENOW, for standing up, and thank present, that if there is a temporary you for the bipartisan effort we had to UNANIMOUS CONSENT REQUEST period where they cannot find jobs, support a program that would have this would help those families during Mr. KENNEDY. Mr. President, I ask done something about lowering the those valleys. That was always the unanimous consent that the Senate cost of prescription drugs and, as the thought behind unemployment com- proceed to the immediate consider- Senator from Michigan has pointed pensation. The fund is in surplus, and ation of Calendar No. 619, S. 3009, a bill out, as well as our leader, that is being still there is an objection to the exten- to provide for a 13-week extension of held hostage by the Republican leader- sion. It will make an enormous dif- unemployment compensation; that the ship in the House of Representatives. bill be read the third time, passed, and ference to close to 2 million families in Make no mistake about it, the Demo- motion to reconsider be laid upon the this country by the end of the year and crats happen to be on the side of sen- table, without intervening action or 3 million by the early part of February. iors. We were on their side in the early debate. There was one comment my friend 1960s when we fought for Medicare. If The PRESIDING OFFICER. Is there from Oklahoma stressed, and that is: our Republican friends are against the objection? Where are the appropriations bills? Medicare Program, why don’t they just Mr. NICKLES. Mr. President, reserv- Congress has not done its work; we come out and say it? They at least used ing the right to object. have only considered 2 out of the 13 ap- to have the courage to do so. They do The PRESIDING OFFICER. The Sen- propriations bills. The last time I read not now. They just say they differ with ator from Oklahoma. the Constitution, the appropriations it or there is some other procedure or Mr. NICKLES. Mr. President, may I bills originated in the House of Rep- failure of some committee meeting. ask the sponsor of the bill, doesn’t this, resentatives, and that happens to be They used to at least have the courage in effect, provide for a 26-week exten- under Republican leadership. Do you to say they oppose it. They do not say sion of Federal unemployment com- understand? That is under Republican that anymore. They try to give some pensation instead of 13 weeks? leadership. So when the good Senator other excuse. We are strongly com- Mr. KENNEDY. The Senator is cor- said Congress is at fault, we know mitted, as the Senator from Michigan rect, for certain States that qualify. where the fault lies in terms of the ap- and the Senator from South Dakota This is similar to what we did in the propriations bills which he mentioned. have pointed out. early 1990s. The Senator is quite cor- f Mr. President, in the time I have re- rect. maining, I wish to highlight three very The PRESIDING OFFICER. The Sen- THE UNFINISHED BUSINESS OF AMERICA’S WORKING FAMILIES important areas, and these are areas ator from Oklahoma. which our leader, the Senator from Mr. KENNEDY. Mr. President, I Mr. KENNEDY. Mr. President, I con- South Dakota, Mr. DASCHLE, has men- think I have the floor. I propounded a gratulate our leader and thank him for tioned, but I want to review them one unanimous-consent request for the im- an excellent address this afternoon. I more time. mediate consideration of the measure. also thank my friend and colleague, More than 8 million Americans are Mr. NICKLES. I object. the Senator from Michigan, Ms. competing for just over 3 million jobs. The PRESIDING OFFICER. There is STABENOW, who has been such a leader Maybe the Senator from Oklahoma objection. on the issue of prescription drugs. The does not believe we have an economic Mr. KENNEDY. Mr. President, I re- leader was much too self-assuming crisis, but he can travel with me gret, for the reasons I will outline just when he failed to take credit for the through many of the New England shortly, that we continue to have oppo- fact that this was the first time the States, including my State of Massa- sition of the Republican leadership to Senate has ever debated a prescription chusetts, where we have the highest extending the unemployment com- drug program, and it was done so be- unemployment of any of the New Eng- pensation program that can make all cause we had a Democratic leader, TOM land States. Talk to families there the difference in the world for families DASCHLE, who insisted we call up this who, if they have not lost a job, they who are running through their current legislation. know members of a family who have or unemployment compensation and have I heard earlier today: We did not they know of a neighbor who has, and to meet their mortgage payments, have have a prescription drug bill because they have friends down the street who to pay for the food on their tables, the Finance Committee could not do are seeing foreclosures on homes. This have to support their children in one. For 5 of the last 6 years, the Re- is the highest rate of foreclosures since schools. People are hurting. I can give publicans have been in charge of the the Depression, and we sit around in a more detailed description of what is Senate, and when they were in charge, the Senate and say, We do not have an happening in the country, but I regret we never had a prescription drug bill. economic crisis? we continuously have an objection by The American people ought to under- We have double-digit inflation in our colleagues on the other side. stand that. Before one cries crocodile health care, and we still say: It is not

VerDate 0ct 09 2002 04:02 Oct 16, 2002 Jkt 019060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G15OC6.028 S15PT1 October 15, 2002 CONGRESSIONAL RECORD — SENATE S10411 robbing the pockets of working fami- Going back to the last serious reces- In the President’s own program, he lies. We see the tuition of our great sion we had in this country, look at the asks for additional kinds of tax cuts in universities increasing by more than number of Americans, 1.4 million, who his budget this year, even after Sep- three times the rate of inflation. No, are out of benefits, and now in 2002 tember 11. Some of us are not sold on no, that is not really our fault. there are 2.2 million out of benefits, that. We believe in a sound economic Why is it all those factors are coming which is a continuation of the earlier program. It is not a matter of chance in to place now under a Republican ad- point. that the last two periods of time when ministration? Why? It still has not We have asked for and we have tried we had the longest periods of economic been answered. We are not just saying to get the extension of unemployment growth and price stability in this coun- why, as the leader, TOM DASCHLE, has compensation that can make some dif- try were under Democratic Presidents. pointed out, we are making rec- ference, and we are going to continue In terms of our economy, there are ommendations and suggestions trying to fight to do it. If we can get an in- important differences that we believe to do something about it. crease in the minimum wage, we are in and that the Republicans believe in. I heard this comment about how the prepared to do that as well. We are asking for assistance by the Republicans are against minimum The other issue we want to address is American people on election day to re- wage. I know they are. I know they the issue we have in terms of pension store a strong economy for this coun- have opposed it. They have opposed it reforms. We are not just satisfied with try. since I have been in the Senate, and the House bill that is going to permit The PRESIDING OFFICER. The Sen- they opposed it before I came to the the various financial institutions to ator from Oklahoma. Senate. give the workers their information and Mr. NICKLES. Mr. President, I love This is basically an issue of dignity make the decisions about how they are to hear my friend and colleague from of men and women who work hard going to invest their pensions. Imagine Massachusetts. Sometimes we have a cleaning the buildings of this country, that. Talk about putting the fox in the slight difference of opinion on a few of working as teachers’ aides, working in chicken coop. That is what the House these issues, and I will try to clarify a nursing homes—men and women of dig- bill does. couple of them. One which he has asked nity. They take the tough jobs. Per- In the last hour, we heard somebody unanimous consent to pass is the un- haps they can be easily dismissed by in this Chamber say: Let’s pass that employment compensation extension. Members in the Senate, but we take House bill. That will solve our problem Even in the consent request it says for them seriously. in terms of the pensions. We are going a 13-week extension of unemployment It is an issue involving women be- to let the financial institutions that compensation, but the fact is the bill is cause the majority of the minimum have a direct financial interest give for 26 weeks. Right now, it is a Federal wage recipients are women. It is a the advice to the workers about how to program. women’s issue. It is the children be- do that. Let me back up. States have a 26- cause most of the women have chil- Well, we hope we have learned some- week program. The Presiding Officer, dren. How are those children going to thing. We certainly have learned some- as a former Governor from Delaware, grow up? thing over on this side. But that is ba- understands the States have a 26-week Talk about family values. What do sically the Boehner bill. He is a good program. There is a 13-week temporary we have when there is a family who friend. We worked with him on the edu- Federal unemployment compensation needs a minimum wage increase and is cation bill, but he is wrong about this. extension we use in times of high un- working two jobs? How much time do Why is it important? It is important employment, paid, basically, totally by they have to spend with their children? because we have seen the workers’ re- the Federal Government. The Senator We hear a great deal about family val- tirement savings wiped out. There has from Massachusetts is saying let’s ues. The minimum wage is a family been over $1 billion lost, but the execu- make that 13 weeks 26 weeks, not for a value issue, and it is a fairness issue. tives have cashed out at $1 billion in few States but all States, and then for We have raised our salaries four gains. Look at what has happened to some States an additional 7 weeks. So, times in the Senate in the last six these companies. We are asked why we basically, all States would get 52 weeks years. The last pay increase was by are fighting to get something meaning- and some States would get 59 weeks. $4,900. We have raised our salaries four ful done. The heads of these companies I want to make sure people under- times since we voted for an increase in and corporations, such as the Enrons— stand the facts. I do not mind debating the minimum wage. That is not accept- Mr. Lay is going to receive a pension facts, but I think we ought to be fac- able. Maybe it is acceptable to some. that is worth half a million dollars a tual. The fact is he is trying to double Maybe there are people who can find year for life, and Bernie Ebbers of the Federal program, and that is very excuses and say: What about the mom- WorldCom will receive $1.5 million a expensive. A simple extension costs and-pop store that is not going to be year for life, and the list goes on. They about $6 billion or $7 billion. The bill able to pay it? have been taken care of, but the work- that people have tried to pass now for We have dealt with those issues and ers have not. the third or fourth time by unanimous those challenges. There are exclusions We want to do something meaning- consent would cost $17 billion. for the smaller mom-and-pop stores ful. We want to do something on unem- If my colleagues want to be respon- from the coverage, and there are exclu- ployment compensation. We have to do sible, I will work with them, but we are sions for a variety of other entities something on minimum wage. We have not going to pass something like this. where we get the same stories. to do something to protect America’s This is more of a political statement so At least the Democrats are prepared workers in terms of pensions. they can say, we are trying to pass un- to vote for an increase for the hard- So even in the final hours that we employment compensation, and they working, neediest people in this soci- have, we are going to be serious about can have Senator NICKLES coming out ety. As a result of the economic slow- dealing with the issue of the economy objecting—those Republicans will not down, there is an increase in the work- because in our part of the country peo- allow this to pass. ing poor. We want to do something ple are hurting. Real families are hurt- I was critical of the fact that the about it. We are not giving excuses. We ing. Working families are hurting. Senate has not passed appropriations are fighting for those people. We are There are many, including myself, bills and critical of the fact that the fighting to make sure they are going to since September 11, who say we ought House has not. The House has not be eligible for the unemployment in- to put everything on the table in terms passed enough and neither has the Sen- surance. of our economy—put on the table fu- ate. My colleague from Massachusetts There are 3.2 million jobs and 8 mil- ture tax cuts for the wealthiest indi- says all of the appropriations bills have lion Americans unemployed. There are viduals. There are those on the other to originate from the House. That is more Americans unemployed who are side of the aisle who do not want to do not what the Constitution says. The looking for fewer jobs. That is a phe- it. They would rather cut back on the Constitution says all ‘‘revenue raising nomenon entirely different from our education programs in terms of the fu- bills.’’ recent economic history. ture. I have article 1, section 7:

VerDate 0ct 09 2002 01:25 Oct 16, 2002 Jkt 019060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G15OC6.030 S15PT1 S10412 CONGRESSIONAL RECORD — SENATE October 15, 2002 All Bills for raising Revenue shall origi- not make it, we would rather you be The PRESIDING OFFICER. Without nate in the House of Representatives; but the unemployed. I would rather have some- objection, it is so ordered. Senate may propose or concur with Amend- one working for $5.50 and climb the f ments as on other Bills. economic ladder than put that ladder It is important we be factual. The up so high that they cannot get on and HELP AMERICA VOTE ACT OF House has to originate tax bills. The they stay unemployed and continue to 2002—CONFERENCE REPORT Senate can pass appropriations bills. I draw welfare benefits. The PRESIDING OFFICER. Under have always asserted our right. Be- I hear we want to freeze this Bush the previous order, the Senate will now cause of tradition, the House wants to tax cut for the ultrawealthy, the tax proceed to the consideration of the pass them first, and that is fine; that cuts for the millionaires. When Presi- conference report accompanying H.R. can be the tradition. But nothing dent Clinton was elected, the max- 3295, which the clerk will report. should keep the Senate from passing imum personal income tax rate was 31 The legislative clerk read as follows: appropriations bills first if we so de- percent. He increased that rate to 39.6 The committee of conference on the dis- sire. There is no point of order against percent for personal income tax. Presi- agreeing votes of the two Houses on the them whatsoever. dent Clinton did that retroactively in amendments of the Senate to the bill (H.R. A point that was made on the Fi- 1993. President Bush, over several 3295) to require States and localities to meet nance Committee—and I was critical of years, eventually gets that 39.6-percent uniform and nondiscriminatory election the Senate for bringing up a prescrip- rate in an incremental phasing down to technology and administration requirements tion drug proposal without it going 35 percent. In other words, it is still applicable to Federal elections, to establish through the Finance Committee. I did grant programs to provide assistance to several percent more than it was under States and localities to meet those require- a little homework. Since the creation President Clinton. It is 4 percentage of Medicare in 1965, 22 of the 23 Medi- ments and to improve election technology points, but percentage-wise it is about and the administration of Federal elections, care expansions passed the Finance a 13-percent rate higher than when to establish the Election Administration Committee—bipartisan, overwhelming. President Clinton was elected. Commission, and for other purposes, having We had a tripartisan bill that had a President Reagan lowered the rate to met, have agreed that the House recede from chance to garner bipartisan support on 28 percent. President Bush, the 41st its disagreement to the amendment of the which many of us were requesting a President, increased it, due to a lot of Senate, and agree to the same with an markup in the Finance Committee, be- amendment, signed by a majority of the con- pressure, from 28 percent to 31 percent. ferees on the part of both Houses. fore we got to the floor, so we would President Clinton took it from 31 per- have a bipartisan approach when it cent to 39.6. President Bush, the 43rd The PRESIDING OFFICER. The Sen- came to the very important, critical, President, reduces that rate gradually ate will proceed to the consideration of and expensive extension of prescription from 39.6 percent to 35 percent over the conference report. drugs to Medicare. We were denied that several years. My colleagues are ob- (The report is printed in the House markup. We are going to have the most jecting to that as tax cuts for the proceedings of the RECORD of October 8, expensive expansion of Medicare since wealthy. But that is not nearly as 2002.) its inception, and it will be done on the much as the tax increase proposed by Mr. DODD. Mr. President, I am very floor of the Senate without input from the previous administration. pleased this afternoon to bring to the committee, without scoring, without It is very important we be factual. attention of the Senate the conference the CBO, without expert input. The pension bill has been on the cal- report agreement on legislation to re- That is a pretty crummy way to leg- endar since July. Senator DASCHLE form our Nation’s election laws. I an- islate. It makes one think the legisla- could have brought it up at any point. ticipate we will not need the full time tion was done more for political pur- We have bipartisan support for the Fi- allocated. I would like to think Mem- poses than for substantive and legisla- nance Committee bill that was passed bers are so interested they would like tive intent to make something happen. in July. The minimum wage has been to come over and share their thoughts My good friend from Massachusetts on the calendar since May. If Senator with us on this subject. But knowing discussed minimum wage. Senator DASCHLE wants to bring it up, he can. there are no votes today, that is not NICKLES is opposed. Not all Repub- He is the majority leader. He has that likely to occur so we will probably use licans are. This Republican is opposed right to bring up the issues. Two or a lot less time than the 2 hours re- to increasing the minimum wage from three weeks before the election looks quired. $5.15 to $6.65 in 14 months. That is a as if it is calculated more for political I note the presence of my friend and $1.50 increase in 14 months. A lot of purposes than for trying to change the colleague, Senator MCCONNELL, the people are paying in the neighborhood law of the land. ranking member of the Rules Com- of $5.15 or $5.50. If they have to pay an I yield the floor and suggest the ab- mittee. extra $1.50 in the next year, many will sence of a quorum. Before getting to the substance of my say, I cannot do that, thank you very The PRESIDING OFFICER. The remarks, let me begin by thanking him much. A small business in Delaware or clerk will call the roll. and his staff, and the staff of Senator Oklahoma—maybe it is a McDonald’s— The legislative clerk proceeded to BOND as well, one of our conferees, and cannot always afford to pass the $1.50 call the roll. that of my own two conferees on the on and some employees will lose a job. Mr. REID. I ask unanimous consent Democratic side, Senators DURBIN and Maybe it is pumping gas, sacking gro- that the order for the quorum call be SCHUMER, and their staffs, not to men- ceries, or sweeping floors. rescinded. tion my own staff, Kennie Gill and oth- My colleague said this is to help in- The PRESIDING OFFICER. Without ers, for the tremendous work done on crease people’s self-esteem and integ- objection, it is so ordered. the Senate side of this effort. It is somewhat ironic. I understand rity, people who are sweeping the f floors. I used to sweep floors. I used to we are going to get this done. It is a have a janitor service. I used to work CONCLUSION OF MORNING quiet afternoon after Columbus Day. for minimum wage, and so did my wife. BUSINESS Members are still back in their States It was only about 34 years ago we did Mr. REID. Mr. President, I ask unan- having spent the weekend with their that, and the minimum wage at that imous consent that morning business families before returning tomorrow time, if I remember, was a lot less than be terminated. when we will have some additional it is today. It did not hurt my self-es- The PRESIDING OFFICER. Without votes as we begin to wind up this 107th teem. I wanted to make more money, objection, it is so ordered. Congress. It is somewhat ironic in a so I started my own business. It was Mr. REID. The two managers are sense that we are in this sort of quiet rather successful. here for the conference report. They stillness of this Chamber with only two My point is, I don’t think we improve originally had 2 hours for the con- of us here to talk, when you consider people’s self-esteem alone by saying we ference report, and I ask unanimous what gave rise to this legislation—the will have the Federal Government set- consent that if they need 2 hours, the fact that there was one of the most tu- ting higher standards, and if you can- time be from now until 5:30. multuous elections in the history of

VerDate 0ct 09 2002 01:25 Oct 16, 2002 Jkt 019060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G15OC6.033 S15PT1 October 15, 2002 CONGRESSIONAL RECORD — SENATE S10413 our country that galvanized the atten- It is a bipartisan and bicameral must do together to make our elections tion, not only of the people of this agreement. It is one that, I believe, stronger. With this bill, we move closer country but those throughout the merits the support of our colleges in to the day when every vote cast will be world. For more than a month, every the Senate. a vote counted. single news program, day in and day It is one that has already been ap- Our bill achieves this progress in out, 24 hours a day, was of eyes peering proved by the other body by a vote of three ways: with new rights, new re- through hanging chads and people bel- 357 to 48. And it is one that the Admin- sponsibilities, and new resources. lowing at each other in a voting pre- istration has said the President is pre- First, new rights. The conference cinct in Florida, with courtrooms pared to sign. agreement establishes new voting packed, around the corner from here, Twenty-three months ago, our Na- rights for our citizens. These include: in the United States Supreme Court. tion was thrown into turmoil because The right—starting in 2004—to cast a The irony is all of that turmoil pro- we learned a painful reality: that our provisional ballot. With this right, no voked us to step up and find out wheth- democracy does not work as well as we qualified voter can ever again be er our election laws could do with some thought it did, or as it should. More turned away from the polling place changing—not that it all occurred in than 100 million citizens went to the without being able to cast at least a Florida or in just the 2000 election—but polls on election day 2000—November 7. provisional ballot. There are some today, as we approach the second anni- Four to six million of them—for a vari- States that are doing this already and versary of that election, we find our- ety of reasons—never had their votes have been for years. Many do not. selves in a quiet Chamber with a couple counted. Some were thwarted by faulty The right to check and correct one’s of Members talking about something machinery. Some were victims of ballot if the voter made a mistake. I that both of us believe is a rather his- wrongful and illegal purges from voter know this is a radical idea. In this way, toric piece of legislation. lists. Others fell victim to poorly de- voters need never again leave a polling When you consider that unlike other place haunted by the thought that they signed ballots. But all of them—all— matters that come before this body, devoted for the wrong candidate, or nul- were denied the right to effectively ex- spite the fact that our colleagues may lified their own vote by over-voting. claim expertise in every subject matter ercise their most fundamental right as The right of all voters to cast a pri- that comes before them, this is truly American citizens: the right to vote. vate and independent ballot. Today, Regardless of which candidate one one in which each Member who serves millions of disabled Americans face supported, there is no disagreement here is an expert because they would two options on election day, both of that election day 2000 was not a proud not have arrived here had they not them bad: they either vote with the as- been elected. To that extent, we have day for our democracy. sistance of a stranger, or they do not It was a day of deep embarrassment an appreciation of elections beyond the vote at all. In the 2000 elections alone, for a nation rightly viewed by the rest awareness of the average citizen in this some 20 million of them took the sec- of the world as a beacon light of self- country. So the fact that we—as Demo- ond option—because the barriers to the government. But that day was also, in crats and Republicans, in a time when ballot box were just too daunting. people question whether or not we can a very real sense, a gift. Had there With this legislation, henceforth—become to terms about some of the major never been a contested election like ginning in the year 2006—those days issues of the day, can take a subject the election of 2000, the problems will come to an end. Starting with this matter so rife with partisanship as an plaguing our Nation’s elections would bill, a disabled voter will have the election, with all of the scars, the likely never have been addressed. So it same right to cast a private and inde- wounds, the admonitions, the rhetoric, was in a sense a gift. If you were to pendent ballot as any other voter. the demagoguery, use whatever words find a silver lining in what occurred That provision dealing with pro- you want—were able in this Congress that day, what we are producing and viding for accessibility improvements to craft legislation that passed the asking our colleagues to support may in voting systems may not be required other body by a substantial margin, be it. to go into effect until 2006. Obviously, and passed this body 99 to 1, and then The legislation we present to the some States may do that before. There the conference report passed the House Senate today goes a long way toward is something in this bill that says you by a vote of 357–48, and we hope a sub- fixing those problems and righting cannot do that. But at the very least, stantial vote will occur here as well, is those wrongs. It does justice to the by the year 2006. a tribute to the membership of this American voter. It breaks new ground. The bill also creates the right to body, to the leadership of this body, It is, I believe, the first civil rights leg- have, at each polling place, printed, and the other body as well—that we islation of the 21st century. It is not a posted information, including a sample were able to get this done. perfect bill. But it will make our de- ballot and a listing of voter rights and If I may say so, I have been here 21 mocracy work better and be stronger. responsibilities. In this way, our bill years. I have had proud moments when Two hundred and thirteen years ago will sharply reduce the risk of confu- I have been involved in other legisla- at the Constitutional Convention in sion and error on election day. tive efforts. None exceeds the sense of Philadelphia, the Framers decreed that In addition, our bill requires states pride I have over this particular ac- the administration of federal elections to develop ‘‘uniform and nondiscrim- complishment. Again, no one can ever is not the job of just the States, or just inatory’’ standards for counting bal- claim that they were responsible in a the Federal Government, but the job of lots—because whether or not your bal- legislative process for the final result. both. lot will count should never depend on A lot of people can take legitimate Until now, that vision of cooperation the county or precinct where you hap- credit for helping us achieve what we and partnership has largely been hon- pen to live and the economic cir- are asking our colleagues to support ored in the breach. The Federal Gov- cumstances there. tomorrow when we vote before noon. ernment has for the most part been an Second, our bill establishes new re- This agreement, as it said, represents observer, not a partner, in the conduct sponsibilities—for voters, for States, many mouths of effort. That effort of elections for Federal office. and for the Federal Government. took place amid a steady stream of Starting now, with this legislation, To address concerns about fraud, vot- news reports that predicted the demise that pattern comes to an end. For the ers seeking to vote for the first time in of election reform. While those reports first time—if you exclude the Voting a state will be responsible for pro- bewailed the lack of progress in con- Rights Act of 1965 in which the Federal ducing some form of identification. ference negotiations, they overlooked Government told States what not to Senator BOND was particularly instru- the fact that, instead of a lack of do—they must not levy poll taxes, mental in crafting these provisions. We progress, conferees were making must not set literacy tests—the Na- thank him. progress. Working quietly during early tional Government steps up to more States will be responsible for pro- mornings, late nights, and long week- fully meet its constitutional duty to ducing statewide computerized lists of ends, we crafted the conference agree- uphold the soundness and sancity of registered voters. Once these lists are ment that is before the Senate this the ballot. This is the first time the up and running, it is our hope and ex- afternoon. Federal Government is saying what we pectation that the risk that individuals

VerDate 0ct 09 2002 01:25 Oct 16, 2002 Jkt 019060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G15OC6.036 S15PT1 S10414 CONGRESSIONAL RECORD — SENATE October 15, 2002 may be voting multiple times in mul- number of provisions, to do things dif- purges of voters and accusations of tiple jurisdictions will be minimized if ferently, to suggest that they do so voter fraud. It will make the central not eliminated altogether. without providing the resources would premise of our democracy—that the Let me add, by the way, that when it be yet once again an unfunded man- people are sovereign—ring even more comes to the computerized statewide date. We know how States feel about truly in the years to come. lists, a voter may not have to register Federal requirements when there are This legislation has the support of again. If you live in a State that pro- not resources to support meeting those many individuals and organizations vides for state-wide registration, or requirements. that have been critical to its success. wants to provide for state-wide reg- This legislation provides $3.9 bil- They include former Presidents Ford istration, this requirement will facili- lion—some that will flow immediately, and Carter. We thank them for their tate that so that if you move around in and others subject to development of work on the National Commission on that State from one county to another, state plans and submission of applica- Federal Election Reform. They met or from one community to the next, a tions. I will not go into all the details early on and crafted some rec- statewide voter registration list means this afternoon. But the idea is that the ommendations and ideas. They held you don’t have to register again. If you Federal Government is going to be- hearings around the country. Once move from one community and one come a real partner financially in the again, it is a great tribute to President precinct to the other, with the state- conduct of these elections. It does not Ford and President Carter for their on- wide list, you register once. If you stay mean the conduct of elections is going going commitment to this country and in that State, you may be registered to be fully supported by the Federal for the allocation of time from their forever in that State regardless of Government. Obviously, States, com- schedules to dedicate efforts to make where you may live or move to under munities, and municipalities have to recommendations on how we might im- state-wide registration. allocate resources for every election. prove the election process. I thank That is not an insignificant burden But with these changes we are talking them. we are lifting for many people in this about, the costs, by and large, are The Congressional Black Caucus—for country who move. If they are renters going to be borne by the Federal Gov- whom this legislative effort was the who can’t afford homes and who want ernment. This is the first time we will number one priority—I thank EDDIE to participate in the process, every become such an active participate in BERNICE JOHNSON particularly as the time they move from one precinct to improving the election systems of our Chair of the Black Caucus; JOHN CON- the next, they have to register to vote. country. YERS, my coauthor of this bill from the That will be over with, under state law Lastly, this legislation establishes a very outset; and every other member of providing for state-wide registration new commission—the Election Assist- the Black Caucus who has been tre- once provisions on the statewide voter ance Commission—to assist states and mendously helpful in working with us registration requirements of this bill voters. I want to acknowledge Senator on this legislation and lending support become effective. MCCONNELL’s pivotal role in conceiving to this final product. To ensure that the requirements of of this commission. In coming years, it The National Association of Secre- the bill are met, States will also be re- will serve as an important source of taries of State has been tremendously quired to establish meaningful enforce- new ideas and support for states as helpful. It is a bipartisan group that ment procedures to remedy voters’ they take steps to improve the caliber deals every day with the election laws grievances. And at the federal level, of their elections. in our country. They have to grapple the Department of Justice will be re- It allows us to have an ongoing rela- with them. It is critically important. sponsible for enforcing the provisions tionship with election officials at the Everything we talked about on which of the act. State and local level day in and day they had some input to let us know Third, this legislation would commit out rather than waiting for some crisis whether or not these things will work— unprecedented new resources to im- to occur or for some disastrous election obviously, many of them have not been proving and upgrading all aspects of result where we then go out and form tested yet, and time will only tell. But our elections. It authorizes some $3.9 some ad hoc commission to go back because they were involved here, we billion over the next three years to and look at what happened. think the likelihood of things not help states replace and renovate voting For the first time, we are going to working as well as one might normally equipment, train poll workers, educate have a permanent commission that expect will be minimized. voters, upgrade voter lists, and make doesn’t have rulemaking authority, ex- I particularly thank my secretary of polling places more accessible for the cept to the extent provided under sec- state, Susan Bysewicz of Connecticut, disabled. tion 9(a) of ‘‘Motor-Voter,’’ but sets who has done a remarkable job in our I thought it worthwhile to note that voluntary standards and guidelines—a State, has been tremendously creative, since the elections of 2000, only three source of information for people to ac- and was a source of a lot of good solid States—maybe a couple more—have cess, as we will, I am sure, in the years information. made any effort at all to reform and to come with technology being what it Secretary of State Kathy Cox of update their election laws and require- is, and a demand for efficiencies by the Georgia—I want to commend Georgia, ments that voters use in the various American public to update and to sim- by the way, one of the three States States. It is always costly to do this. plify the process to make voting as that made significant changes on their Frankly, as the Presiding Officer, a user friendly as it can possibly be while own in the election laws of their own former Governor, can attest, when simultaneously protecting against the States. They did a tremendous job. And there are budget constraints and a lot abuses in which some may wish to en- Kathy Cox deserves a lot of credit for of demands are being made, there has gage. stepping up and doing things early on. not been a great constituency out We will now have a permanent venue I thank Secretary of State Chet Cul- there advocating spending money to where those ideas can be heard and rec- ver of Iowa, the youngest secretary of buy new voting equipment, or new vot- ommendations can be made so that we state in the country and the son of a ing machinery, or to train poll work- will be involved on a continuing basis former colleague of ours who is doing a ers. There are many other demands on in a seamless way with the conduct of fantastic job, for his input. Ninety-two a State budget that have much larger something as fundamental and as im- percent of the people of Iowa are reg- constituencies than those who might portant as the elections in this coun- istered to vote. It is one of the highest say we ought to improve the voting try. in the country. They have 300,000 new systems of the country. The fact of New rights, new responsibilities, new registered voters in the last 31⁄2 or 4 matter is, despite a public outcry resources. And with them, a new day years in Iowa. Seventy-two percent of about all of this, there has been very for our Nation’s democracy. the people of that State voted in the little action over the years—even in Almost 2 years from the 2000 elec- last election. It is really a remarkable the wake of the 2000 elections. tions, this legislation will help Amer- result, and a lot of it, again, is the re- So it seems clear to us that if we are ica move beyond the days of hanging sult of the creative work of the sec- truly going to command States, in a chads, butterfly ballots, and illegal retary of state of Iowa.

VerDate 0ct 09 2002 01:25 Oct 16, 2002 Jkt 019060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\A15OC6.002 S15PT1 October 15, 2002 CONGRESSIONAL RECORD — SENATE S10415 The NAACP has been tremendously will depend upon how the states and the fed- Board known as the Access Board to develop helpful; the AFL–CIO; the United Auto eral government implement the provisions minimum standards of access at polling Workers; the National Federation of contained in the new law. Thus, the NAACP places and to consult with other organiza- intends to remain vigilant and review the the Blind; the United Cerebral Palsy tions for research and improvements to vot- progress of this new law at the local and ing technology. Association; the American Foundation state levels and make sure that no provision, This legislation will allow the Secretary of of the Blind; and the National Associa- especially the voter identification require- the Health and Human Services to make ments, are being abused to disenfranchise el- tion of Protection and Advocacy Sys- payments to eligible states and local juris- igible voters. tems, which represents persons with dictions for the purposes of making polling disabilities. I thank them for all of Again, on behalf of the NAACP and our more than 500,000 members nation-wide, I places accessible: including the paths of their tremendous help. urge you to support the swift enactment of travel, entrances, exits, and voting areas of I ask unanimous consent that letters the conference report on H.R. 3295, the Help each polling facility. It will ensure sites are from these organizations and individ- America Vote Act. Thank you in advance for accessible to individuals with disabilities in- uals in support of this legislation be your attention to this matter; if you have cluding those who are blind or visually im- printed in the RECORD. any questions or comments I hope that you paired, in a manner that provides the same There being no objection, the mate- will feel free to contact me at (202) 638–2269. opportunity for access and participation in- rial was ordered to be printed in the Sincerely, cluding privacy and independence. HILARY O. SHELTON, RECORD, as follows: In addition the Secretary of Health and Director. Human Services shall provide the Protection THE NATIONAL COMMISSION ON and Advocacy Systems of each State grant FEDERAL ELECTION REFORM. AMERICAN FEDERATION OF LABOR monies to ensure full participation in the October 4, 2002. AND CONGRESS OF INDUSTRIAL OR- electoral process for individuals with disabil- Former Presidents Ford and Carter Welcome GANIZATIONS ities, including registering to vote, edu- the Agreement Reached on Election Re- Washington, DC, October 8, 2002. cation in casting a vote and accessing poll- form Legislation. DEAR SENATOR: The AFL–CIO supports the ing places. Today, former Presidents Gerald R. Ford conference report on H.R. 3295, the Help Again, PVA congratulates you on this leg- and Jimmy Carter, along with Lloyd Cutler America Vote Act. islation which, when implemented and fully and Bob Michel, co-chairs of the National This conference report will help improve funded, will provide tremendous access for Commission on Federal Election Reform, our nation’s election system in several im- PVA members and all people with disabil- welcomed the bipartisan agreement struck portant ways. It will allow registered indi- ities in exercising their constitutional right by the House and Senate Conference Com- viduals to cast provisional ballots even if to vote. PVA stands ready to work with you mittee on a bill to reform federal elections. their names are mistakenly excluded from ‘‘The bill represents a delicate balance of voter registration lists at their polling and your staff on implementation of this leg- shared responsibilities between levels of gov- places. It will require states to develop cen- islation which ensures confidence in our citi- ernment,’’ Ford and Carter said. ‘‘This com- tralized, statewide voter registration lists to zens and our democracy that indeed every prehensive bill can ensure that America’s ensure the accuracy of their voter registra- ones vote cast will indeed count. electoral system will again be a source of nation records. It will also require states to Sincerely, tional pride and a model to all the world.’’ provide at least one voting machine per poll- DOUGLAS K. VOLLMER, Indeed, all four of the co-chairs share the being place that is accessible to the disabled Associate Executive Director for Government lief of Congressman John Lewis (D–GA) and and ensure that their voting machines allow Relations. others that, if passed by both Houses and voters to verify and correct their votes be- signed by President Bush, this legislation fore casting them. NATIONAL FEDERATION can provide the most meaningful improve- Since the actual number of individuals en- OF THE BLIND, ments in voting safeguards since the civil franchised or disenfranchised by the con- Baltimore, MD, October 9, 2002. ference report on H.R. 3295 will depend on rights laws of the 1960s. Hon. ROBERT NEY, Chairman, how the states and the federal government Hon. STENY H. HOYER, Ranking Minority implement its provisions, the AFL–CIO will WASHINGTON BUREAU, Member, NAACP, closely monitor the progress or this new Committee on House Administration, House of Washington, DC, October 8, 2002. law—especially its voter identification re- Representatives, Washington, DC. quirements. We will also increase our voter Re Conference Report to H.R. 3295, the Help DEAR MR. CHAIRMAN AND CONGRESSMAN America Vote Act (election reform) education efforts to ensure that individuals know and understand their new rights and HOYER: I am writing to express the strong Members, responsibilities. support of the National Federation of the U.S. Senate, Sincerely, Blind (NFB) for the Help America Vote Act Washington, DC. WILLIAM SAMUEL, of 2002. Thanks to your efforts and strong bi- DEAR SENATOR: The National Association Director, Department of Legislation. partisan support, this legislation includes for the Advancement of Colored People provisions designed to guarantee that all (NAACP), our nation’s oldest, largest and PARALYZED VETERANS blind persons will have equal access to vot- most widely-recognized grassroots civil OF AMERICA, ing procedures and technology. We particu- rights organization supports the conference Washington, DC, October 15, 2002. larly endorse the standard set for blind peo- report on H.R. 3295, the Help America Vote Chairman ple to be able to vote privately and independ- Act and we urge you to work quickly to- CHRISTOPHER J. DODD, ently at each polling place throughout the wards its enactment. Ranking Member MITCH MCCONNELL, United States. Since its inception over 90 years ago the Senate Rules and Administration Committee, While the 2000 election demonstrated sig- NAACP has fought, and many of our mem- Russell Senate Office Building, Washington, nificant problems with our electoral system, bers have died, to ensure that every Amer- DC. consensus regarding the solution proved to ican is allowed to cast a free and unfettered DEAR SENATORS: On behalf of the members be much more difficult to find. Part of that vote and to have that vote counted. Thus, of the Paralyzed Veterans of America (PVA), solution will now include installation of up- election reform has been one of our top legis- I want to congratulate you and your staff on to-date technology for voting throughout the lative priorities for the 107th Congress and the hard work that was done to bring forth United States. This means that voting tech- we have worked very closely with members a bipartisan Election Reform conference re- nology will change, and devices purchased from both houses to ensure that the final port. The House of Representatives passed now will set the pattern for decades to come. product is as comprehensive and as non- the report overwhelmingly, recognizing the discriminatory as possible. fact that our federal government, since the With more than 50,000 members rep- Thus we are pleased that the final product presidential election of 2000, needed to take resenting every state, the District of Colum- contains many of the elements that we saw steps to ensure the public that their votes do bia, and Puerto Rico, the NFB is the largest as essential to addressing several of the indeed count. This bill, the Help America organization of blind people in the United flaws in our nation’s electoral system. Spe- Vote Act of 2002, does that. States. As such we know about blindness cifically, the NAACP strongly supports the The bill provides funds to states and local from our own experience. The right to vote provisions requiring provisional ballots and jurisdictions to recruit and train poll work- and cast a truly secret ballot is one of our statewide voter registration lists, as well as ers. It will allow for replacement of anti- highest priorities, and modern technology those ensuring that each polling place have quated mechanisms, like punch card and can now support this goal. For that reason, at least one voting machine that is acces- lever voting machines, with machines that we strongly support the Help America Vote sible to the disabled and ensuring that the will allow voters to verify their vote before Act of 2002, and appreciate your efforts to voting machines allow voters to verify and the ballot is cast, including voters with dis- enact this legislation. correct their votes before casting them. abilities. Sincerely, The NAACP recognizes that the actual ef- This legislation will charge the Architec- JAMES GASHEL, fectiveness of the final version of H.R. 3295 tural Transportation Barriers Compliance Director of Governmental Affairs.

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UNITED CEREBRAL PALSY ment that would advance the process of ef- legal representation to tens of thousands of ASSOCIATIONS, fective and fair election reform. The Senate- people in all the states and territories. The Washington, DC, October 9, 2002. House conference report contains a mix of National Association for Protection and Ad- DEAR SENATOR DODD: United Cerebral provisions that both strengthen and hinder vocacy Systems (NAPAS) is the membership Palsy Association and affiliates support the citizen ability to exercise the legal right to organization for the P&A network. In that conference report on H.R. 3295, the Help vote and have that vote counted. Despite its capacity, NAPAS want to offer its support America Vote Act. We also take this oppor- shortcomings, however, we believe the over- for the passage of ‘‘The Help America Vote tunity to commend you for the work you did all effect of the compromise agreement will Act of 2002’’ (H.R. 3295). to ensure that all people with disabilities be to reform and enhance the nation’s voting NAPAS believes that the disability provi- have equal access under this act. system. sions in the bill go far to ensure that people This legislation, while not perfect, will go AARP is pleased that the compromise: with all types of disabilities—physical, men- a long way in improving the ability of people Requires states to develop and maintain tal, cognitive, or sensory—will have much with disabilities to exercise their constitu- centralized polling lists; improved opportunities to exercise their tional right and responsibility to vote. The Requires polling sites in each jurisdiction right to vote. Not only does this bill offer in- funding allocated for the multiple provisions to meet accessibility standards and provide dividuals with disabilities better access to of H.R. 3295 is critical, and we pledge to work user-friendly voting equipment for persons voting places and voting machines, but it with Congress to ensure that this funding is with disabilities; also will help provide election workers and made available. Makes provisional ballots available to vot- others with the skills to ensure that the vot- UCP stands ready to assist states’ and ers whose names may be erroneously absent ing place is a welcome environment for peo- local entities as they work toward compli- from registration lists; ple with disabilities. NAPAS is very pleased ance of this very important legislation. The Permits voters to verify and correct their that P&A network will play an active role in changes outlined in the bill must be adopted voting preferences before casting them; helping implement the disability provisions swiftly, correctly and fairly, and it will be Provides Federal funds to encourage state in this bill. incumbent upon us all to help in this proc- & local reforms; and NAPAS is well aware that there are still ess. Provides for training of elections adminis- some concerns with certain provisions of the Finally, UCP applauds you and your col- tration staff and polling site workers. bill. We hope that these concerns can be leagues on your dogged determination to Unfortunately, the H.R. 3295 compromise worked out, if not immediately, then as the pass legislation that will make distinct im- report weakens some existing voting rights bill is implemented. It would be extremely provements at the polls and in the lives of and contains certain provisions that AARP unfortunate if people continued to face bar- voters with disabilities. believes will increase the chances of a recur- riers to casting their ballot after this bill is Sincerely, rence of the problems that plagued the 2000 signed into law. PATRICIA SANDUSKY, Presidential Elections. The report: Finally, We want to thank the bill’s spon- Interim Executive Director. Imposes voter identification requirements sors, Senators Dodd (D–CT) and McConnel that discourage participation by low income, (R–KY) and Representatives Ney (R–OH) and AMERICAN FOUNDATION FOR THE minority and foreign-born citizens; Hoyer (D–MD) for their hard work and perse- BLIND, GOVERNMENTAL RELATIONS Encourages purging of voter registration verance. We look forward to working with GROUP, lists without current law assurances to pre- each of them to ensure the swift and effec- Washington, DC, October 9, 2002. vent illegal purging of legal voters; tive implementation of this important legis- Permits the denial of registration if the The Hon. CHRISTOPHER DODD, lation. registrant possesses either a driver’s license U.S. Senate, Russell Senate Office Building, Sincerely, or social security number but fails to write Washington, DC. BERNADETTE FRANKS-ONGOY, it on the registration form; and DEAR SENATOR DODD: The American Foun- President. dation for the Blind supports the conference Denies legal recourse for improper election administration, while lacking adequate en- report for S. 565 and H.R. 3295. We are pleased [From News Common Cause, Oct. 8, 2002] that the conference report contains the dis- forcement provisions to ensure that the bal- ability provisions of the Senate bill. lots of all legal voters are counted. COMMON CAUSE PRESIDENT PRAISES ELECTION Already this year, in some jurisdictions, These provisions undermine existing vot- REFORM AGREEMENT blind and visually impaired voters have, for ing protections, and provide technical loop- Statement by Scott Harshbarger, president the first time, been able to cast a secret and holes that can discourage or intimidate po- and chief executive officer of Common Cause, independent ballot. We look forward to the tential legal voters—especially those who on the conference agreement on the election day when all voters with visual impairment are low income, minority and foreign-born. reform bill: will have full and independent access to the Ultimately, the success of this legislation ‘‘The Help America Vote Act of 2002 is, as electoral process. in affording all eligible citizens the oppor- Senator Christopher Dodd (D–CT) has said, The mission of the American Foundation tunity to vote and have that vote accurately the first major piece of civil rights legisla- for the Blind (AFB) is to enable people who counted depends on implementation by the tion in the 21st century. Nearly two years are blind or visually impaired to achieve states. AARP—through the advocacy and after we all learned that our system of vot- equality of access and opportunity that will voter education efforts of our national and ing had serious flaws, Congress will pass ensure freedom of choice in their lives. AFB state offices—will work with states, election these unprecedented reforms. led the field of blindness in advocating the officials and other civil rights organizations ‘‘For the first time, the federal govern- enactment of the Americans with Disabil- to ensure that election reform implementa- ment has set high standards for state elec- ities Act of 1990 (ADA). Today, AFB con- tion is fair and does not discourage citizen tion officials to follow, while authorizing tinues its work to protect the rights of blind voter participation. We appreciate your lead- grants to help them comply. Billions of dol- and visually impaired people to equal access ership in bringing about these critically im- lars will be spent across the country to im- to employment, information, and the pro- portant advances. And, we look forward to prove election systems. grams and services of state and local govern- working with you to further our most basic ‘‘This bill, while not perfect, will make ment. right as citizens—the vote. If you have any those systems better. Registration lists will Sincerely, questions, please feel free to call me or have be more accurate. Voting machines will be PAUL W. SCHROEDER, your staff contact Larry White of our Fed- modernized. Provisional ballots will be given Vice President, Governmental Relations. eral Affairs staff at (202) 434–3800. to voters who encounter problems at the Sincerely, polling place. Students will be trained as AARP, CHRISTOPHER HANSEN, poll workers. NATIONAL HEADQUARTERS, Director of Advocacy. ‘‘As Common Cause knows from a seven- Washington, DC, October 10, 2002. year fight to pass campaign finance reform, The Hon. CHRISTOPHER J. DODD, NATIONAL ASSOCIATION OF PROTECTION compromise often comes slowly. We thank Chairman, Senate Rules and Administration & ADVOCACY SYSTEMS, the bill’s sponsors, Senators Dodd, Mitch Committee, October 9, 2002. McConnell (R–KY), Christpher Bond (R–MO), Senate Russell Office Building, Washington, The Hon. CHRIS DODD, and Representatives Robert Ney (R–OH) and DC. U.S. Senate, Russell Senate Office Building, Steny Hoyer (D–MD) for their work. Their The Hon. MITCH MCCONNELL, Washington, DC. persistence—even when negotiations bogged Ranking Member, Senate Rules and Administra- DEAR SENATOR DODD: The Protection and down—brought this bill through. tion Committee, Advocacy System (P&A) and the Client As- ‘‘After the President signs the bill, states Senate Russell Office Building, Washington, sistance Programs (CAPs) comprise a feder- will need to act. Implementing this bill will DC. ally mandated, nationwide network of dis- require state legislators to change laws, DEAR SENATORS: We are writing to express ability rights agencies. Each year these election officials to adopt new practices, our support for the bipartisan election re- agencies provide education, information and polling places to alter their procedures, and form conference report on H.R. 3295. AARP referral services to hundreds of thousands of poll workers to be retrained. recognizes that significant compromise was people with disabilities and their families. ‘‘These far-reaching changes will not come required by all parties to produce an agree- They also provide individual advocacy and/or easily. The bill’s enforcement provisions are

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not as strong as the 1993 Motor Voter law or NATIONAL CONFERENCE tors (NASED) congratulates you on the suc- the 1965 Voter Rights Act. Some states may OF STATE LEGISLATURES, cessful completion of the final conference re- lag behind and fail to implement these Washington, DC, October 7, 2002. port on H.R. 3295. This initiative will signifi- changes properly; some polling places will Hon. ROBERT BYRD, cantly affect the manner in which elections experience problems like in Florida this Chairman, Senate Appropriations Committee, are conducted in the United States. On bal- year; others may have problems imple- Washington, DC. ance, H.R. 3295 represents improvements to menting the new identification provisions. Hon. BILL YOUNG, the administration of elections. As adminis- ‘‘Common Cause and our state chapters Chairman, House Appropriations Committee, trators of elections in each state we express will work with civil rights groups and other Washington, DC. our appreciation to you and your staff for to ensure that states fully and fairly imple- DEAR CHAIRMEN BYRD AND YOUNG: On be- providing us access to the process and reach- ment the new requirements. We will help half of the nation’s state legislators, we urge ing out to seek our views and positions on serve as the voters’ watchdogs: citizen vigi- you to make reform of our nation’s election how to efficiently and effectively administer lance can protect voters from non-compliant processes a reality by providing sufficient elections. states. funding to implement H.R. 3295. The con- As with all election legislation, H.R. 3295 is ‘‘Voters can now look to marked improve- ference agreement announced today will pro- a compromise package, which places new ments at the polls in the years ahead, thanks vide an effective means for states and coun- challenges and opportunities before state to the bipartisan leadership of the bill’s ties to update their election processes with- and local election officials. We stand ready sponsors.’’ out federalizing election administration. to implement H.R. 3295 once it is passed by NCSL worked closely with the conferees in Congress and signed into law by the Presi- NATIONAL ASSOCIATION the development of this legislation and is dent. Implementation of this bill will be im- OF SECRETARIES OF STATE, satisfied that it keeps election administra- possible without the full $3.9 billion appro- Washington, DC, October 9, 2002. tion at the state and local level, limits the priation that is authorized. The success of COMMITTEE ON HOUSE ADMINISTRATION, role of the U.S. Justice Department to en- this bold congressional initiative rests in Longworth Building, forcement, does not create a federal private large measure upon the appropriation of suf- Washington, DC. right of action, and establishes an advisory ficient funds to bring the bill’s objectives to DEAR CHAIRMAN NEY AND RANKING MEMBER commission that will include two state legis- reality. HOYER: The National Association of Secre- lators to assist with implementation. NCSL We found the bipartisan approach to this taries of State (NASS) congratulates you on commends the conferees for their work on legislation refreshing and beneficial. Thank the completion of H.R. 3295, the ‘‘Help Amer- this landmark legislation and is committed you again for including NASED in the con- ica Vote Act.’’ The bill is a landmark piece to implementing the provisions of H.R. 3295 of bipartisan legislation, and we want to ex- gressional consideration the bill. to ensure every voter’s right to a fair and ac- If we can be of further assistance, please press our sincere thanks for your leadership curate election. during the conference negotiations. We also contact our office. To ensure proper implementation and Sincerely, commend your Senate colleagues: Senators avoid imposing expensive unfunded man- Chris Dodd, Mitch McConnell and Kit Bond. BROOK THOMPSON, dates on the states, it is critical that the fed- President, NASED. The nation’s secretaries of state, particu- eral government immediately deliver suffi- larly those who serve as chief state election cient funding for states to implement the re- officials, consider this bill an opportunity to NATIONAL ASSOCIATION OF COUNTIES, quirements of this bill. Neither of the exist- Washington, DC, October 9, 2002. reinvigorate the election reform process. The ing versions of appropriations legislation ‘‘Help America Vote Act’’ serves as a federal Hon. CHRISTOPHER DODD, provides sufficient funding for election re- Chairman, Committee on Rules and Administra- response that stretches across party lines form. We urge you to fully fund H.R. 3295 at and provides a substantial infusion of federal tion, U.S. Senate, Russell Senate Office the authorized level of $2.16 billion for FY Building, Washington, DC. money to help purchase new voting equip- 2003. Hon. MITCH MCCONNELL, ment and improve the legal, administrative The Congressional Budget Office has esti- Ranking Minority Member, Committee on Rules and educational aspects of elections. In fact, mated that it may cost states up to $3.19 bil- and Administration, U.S. Senate, Russell our association endorsed the original draft of lion in one-time costs to begin implementing Senate Office Building, Washington, DC. H.R. 3295 in November 2001. the provisions of this legislation. In this cur- DEAR CHAIRMAN DODD AND SENATOR Specifically, the National Association of rent fiscal environment, it will be extraor- MCCONNELL: We would like to congratulate Secretaries of State (NASS) is confident that dinarily difficult for states to implement the you and thank you for your leadership, per- passage of the final version of H.R. 3295 will minimum standards in the bill without im- severance and hard work in reaching agree- authorize significant funding to help states mediate federal financial support. States are ment in the House-Senate conference on the achieve the following reforms: already facing budget shortfalls for FY 2003 Upgrades to, or replacement of, voting ‘‘Help American Vote Act of 2002.’’ We be- of approximately $58 billion. Thirteen states equipment and related technology; lieve the final bill is a balanced approach to have reported budget gaps in excess of 10 per- Creation of statewide voter registration reforming election laws and practices and to cent of their general fund budgets. To satisfy databases to manage and update voter reg- providing resources to help counties and their balanced budget requirements, states istration rolls; states in improving and upgrading voting are being forced to draw down their reserves, Improvement of poll worker training pro- equipment. The National Association of grams and new resources to recruit more poll cut budgets, and even raise taxes. We look forward to working with you to Counties supports H.R. 3295 as it was ap- workers throughout the states; proved by the House-Senate conference Com- Increases in the quality and scope of voter keep the commitment of the states and the federal government to implementing H.R. mittee. education programs in the states and local- We are very concerned about Congress pro- ities; 3295. If we can be of assistance in this or any other matter, please contact Susan Parnas viding the funds to implement the new law. Improvement of ballot procedures, whereby While there is much confusion at this time voters would be allowed to review ballots Frederick (202–624–3566; [email protected]) or Alysoun about the appropriation process for FY2003, and correct errors before casting their votes; we strongly urge the leadership of the House Improved access for voters with physical McLaughlin (202–624–8691; and Senate and President Bush to support disabilities, who will be allowed to vote pri- [email protected]) in NCSL’s inclusion of $2.16 billion in a continuing reso- vately and independently for the first time state-federal relations office in Washington, lution. This is the amount authorized for in many states and localities; D.C. FY2003 by the ‘‘Help American Vote Act.’’ Creation of provisional ballots for voters Sincerely, We believe that funding and improving vot- who are not listed on registration rolls, but SENATOR ANGELA Z. ing practices in the United States is an im- claim to be registered and qualified to vote. MONSON, We want to make sure the states will get Oklahoma, President, portant as our efforts to strengthen home- the funding levels they’ve been promised, NCSL. land security. Thank you again for your continuing ef- and that Congress will provide adequate time SPEAKER, MARTIN R. forts to fund and implement this new law. to enact the most substantial reforms. STEPHENS, Please be assured that the nation’s secre- Utah, President-elect, Sincerely, taries of state are ready to move forward NCSL. LARRY E. NAAKE, once Congress passes H.R. 3295 and the Presi- Executive Director. dent signs it. NATIONAL ASSOCIATION Mr. DODD. Mr. President, I also If we can be of further assistance to you, OF STATE ELECTION DIRECTORS, would like to mention the tremendous your staff members, or your colleagues in Washington, DC, October 10, 2002. assistance provided by the Leadership the U.S. House of Representatives, please Hon. BOB NEY, Conference on Civil Rights, the League contact our office. Hon. STENY HOYER, of Women Voters, and People for the Best regards, House Administration Committee, DAN GWADOSKY, Washington, DC. American Way. NASS President, DEAR CONGRESSMEN NEY AND HOYER: The Before I turn to my colleagues who Maine Secretary of State. National Association State Election Direc- wish to be heard, I would be remiss if I

VerDate 0ct 09 2002 01:25 Oct 16, 2002 Jkt 019060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\A15OC6.010 S15PT1 S10418 CONGRESSIONAL RECORD — SENATE October 15, 2002 did not publicly express my gratitude The day we introduced a bill, that is verse circumstances—a close and con- to my fellow conferees. I already men- not unlike what we are asking our col- troversial election for the Presidency tioned Senator MCCONNELL, Senator leagues to support here, I stood in a of the United States. BOND, Senator DURBIN, and Senator room with two people, in front of a By seizing that opportunity and pass- SCHUMER. I thank their staffs as well. bank of cameras, as we laid out this ing this conference agreement, we in I want to take a moment as well to particular idea. And the two individ- this body can transform a national mo- thank an individual I had never really uals with me in that room were JOHN ment of adversity into the promise of a met before—I may have met him be- CONYERS and John Sweeney of the future with the right to vote that will fore, but I did not certainly know AFL–CIO. And I thank both of them. have new resonance for every citizen of him—and that is the chairman of the But JOHN CONYERS has been tireless. America. I urge adoption of this con- House Administration Committee, BOB He has never given up on this. He knew ference report. NEY, from the State of Ohio, who that compromises would have to be Mr. President, I yield the floor. serves in a tough job as chairman of struck, and he insisted we reach those The PRESIDING OFFICER (Mr. DAY- that committee. He has been in the compromises even though he would TON). The Senator from Kentucky. Congress, I think, about 8 or 10 years. prefer, in some instances, that provi- Mr. MCCONNELL. Mr. President, He worked very hard on this legisla- sions of the bill not be included. But a first, let me say to my good friend from tion. And I developed a great deal of re- great legislator, a good legislator, un- Connecticut, this is, indeed, something spect and affection for BOB NEY. We are derstands that when people gather for to celebrate on a bipartisan basis in a of different parties and, obviously, dif- a conference, unfortunately, they ar- Congress that could use a celebration. ferent States, not serving together in rive with their opinions, and you are This may have been the most unpro- the House of Representatives. not going to be able to get your own ductive and unsuccessful session of the But BOB NEY and his staff were tena- way all the time. So JOHN CONYERS was Senate in my 18 years here: no energy cious, hard working, and determined to tremendously helpful. I began this bill; no terrorism insurance bill and— get a bill. I commend them for that. We journey with him a long time ago. And until tomorrow, at least—no appropria- were not sure we were going to be able I could not end these remarks without tions bills; no budget; no homeland se- to get it done in the end, as it appeared extending my deep sense of apprecia- curity bill; only 44 percent of President at several points this may not work. tion to him and to his staff for their Bush’s U.S. circuit court nominees con- And because BOB NEY felt strongly that tremendous help. firmed. we had an obligation to try, we are In closing, I would like to add only A couple of items we did pass were— here today with this product on which this: Of all the many important issues at least in this Senator’s judgment— they had a successful vote in the other considered by this Senate in this Con- not very good: a flawed campaign fi- body. So I commend BOB NEY for his gress, I do not think any—others may nance reform bill and a bloated farm tremendous efforts and that of his argue this—but I do not think any are bill. staff. going to exceed this one in signifi- We could use a celebration. And the STENY HOYER is the ranking Demo- cance. I know we have had important crat on the House Administration Com- Senator from Connecticut and I would debates on Iraq and other such ques- like to encourage all of our Senators to mittee. I have known STENY for years. tions, but I think what MITCH MCCON- feel good about the piece of legislation Unlike BOB NEY, STENY and I have been NELL, KIT BOND, and my other con- that will be adopted tomorrow. good friends for a long time. STENY ferees, Senator DURBIN, Senator SCHU- This is, indeed, a significant accom- HOYER has been as committed to elec- MER, and others who were involved in plishment, an important piece of legis- tion reform issues as anyone, as well as this—what we have achieved certainly lation. Even if we had a very produc- his commitment to the disabled. ranks in the top echelons of accom- tive Congress, and a Senate that was He was one of the prime architects of plishments, I would say the best thing passing landmark legislation on vir- legislation affecting the disabled. So we have done in this Congress. We have tually a weekly basis—even if that had while we talked about that a lot in this not achieved a lot in this Congress, but been the case this year—this legisla- body during the consideration of our I think this is one of the most signifi- tion would have stood out as some- bill, we certainly need to extend credit cant things. thing important for the Nation and to STENY HOYER for his commitment to I think this is the kind of legislation something well worth doing. those issues as well. you can talk to your grandchildren So the team of BOB NEY and STENY about or they will read about and say So, Mr. President, I rise today with a HOYER, putting together the product that even if we did not do anything else tremendous amount of pride and enthu- they did, deserves a great deal of credit in this Congress, this is a significant siasm about this landmark legislation. and recognition for what we hope will accomplishment for the American peo- Although the Senate, as I just sug- be the adoption of this conference re- ple. gested, has been mired in partisanship port tomorrow and the signing by the Thomas Paine, as I have quoted him and virtually calcified over various President of this, we think, historic over and over again over the last year pieces of legislation, and the confirma- piece of legislation. and a half or so of this discussion, said tion of judges, the House-Senate con- On more occasions than I can recall, 207 years ago: ference committee on election reform has achieved an historic bipartisan, bi- the three of us—STENY HOYER, BOB The right to vote . . . is the primary right NEY, and myself—along with staffs, by which other rights are protected. To take cameral consensus. spent a lot of late nights. I am looking away this right is to reduce a man to slav- Nearly 2 years ago, this Nation had a around the Chamber at faces who were ery, for slavery consists in being subject to painful lesson on the complexities and with me in those rooms in the wee the will of another, and he that has not a complications State and local election hours of the morning, and long week- vote . . . is in this case. officials face in conducting elections. ends, going back and forth. And I ap- So, Mr. President, I thank again my In response, legislators on both sides of preciate all of their efforts. We had colleagues; for the bedrock principle in the Hill introduced legislation to ad- some tough moments, but in any good our Republic is simply this: the con- dress the problems exposed in the 2000 piece of legislation there will be ten- sent of the governed. We are a nation election. The various pieces of legisla- sion. And if people are committed to where the people rule, and they rule tion ran the gamut in approach and try to work things out, you can not with a bullet but with a ballot. emphasis, but all were unified in their produce results such as we have in this That sacred, central premise of our Re- goal of improving our Nation’s election legislation. So without their persist- public is given new power by this con- systems. ence and the patience of all involved, ference agreement. It can make Amer- In December of 2000, Senator we would not be here. And I thank ica a more free and democratic Nation. TORRICELLI and I introduced the first of them. That kind of opportunity comes our what was to become four bipartisan Last but far from least, I thank JOHN way only rarely, at most maybe once compromise bills that I have sponsored CONYERS, the dean of the Congressional in a generation, on average. It is an op- or cosponsored. From the beginning, I Back Caucus, for his stalwart support. portunity that has emerged out of ad- have been committed to providing not

VerDate 0ct 09 2002 04:02 Oct 16, 2002 Jkt 019060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G15OC6.042 S15PT1 October 15, 2002 CONGRESSIONAL RECORD — SENATE S10419 only financial assistance but also infor- however, prior to the counting of the Briscoe, and other stars of ‘‘Animal mational assistance to States and lo- ballot to ensure that those who are le- Planet’’ will no longer be able to reg- calities. gally entitled to vote are able to do so ister and vote. These provisions will The best way to achieve both of these and do so only once; again, making it ensure that our dearly departed will fi- goals is by establishing an inde- easier to vote and harder to cheat. nally achieve everlasting peace and pendent, bipartisan election commis- To protect the integrity of every will not be troubled with exercising sion. The commission will be a perma- election, this conference report makes their franchise every 2 years. And im- nent repository for the best, unbiased, significant advancements in rooting portantly, the provisions will ensure and objective election administration out vote fraud. Congress has acted that voter rolls will be cleansed and information for States and commu- properly to curtail fraudulent voting protected against fraudulent and dupli- nities across America. and reduce duplicate registrations, cate registrations. And that is really important because both interstate—found to be more than This conference report also provides what happens—I used to be a local offi- 720,000 nationwide—and intrastate. The remedial safeguards for every Ameri- cial early in my political career—is provisions of this bill are carefully can’s franchise. The Department of that you are confronted with vendors drafted to address this impediment to Justice will continue its traditional selling various kinds of election equip- fair and honest elections, and we pro- role of enforcing Federal law. In addi- ment, and there is really no way to vided the States with the means and tion, each State will design and estab- make an objective analysis of what the resources to address this problem. lish a grievance procedure available to your needs are. On the other hand, this First, States will establish secure, any voter who believes a violation of new commission will be a repository computerized Statewide voter registra- law has occurred. States are best for expertise and unbiased advice to tion databases that contain the name equipped to promptly address the con- States and localities across America and information of each registered cerns of its voters, and I compliment about what kind of equipment might voter. The accuracy of the voter reg- Senator DODD for his foresight on this best suit their situation. istration list is paramount to a fair issue. This concept has been one of the cor- and accurate election. The motor voter This legislation also makes signifi- nerstones of each of the bills that I bill of 1993 has done grievous harm to cant improvements to protect the have sponsored. It was recommended the integrity of the system by junking votes of those who have committed by the Ford-Carter Commission, sup- up the voter rolls and making it ex- themselves to protecting all Ameri- ported by the President, and has been tremely difficult to systematically en- cans, and that is our men and women perfected in this conference agreement. sure that only eligible voters are reg- in uniform. The commission will not micromanage istered. I have touched upon just a few of the the election process, but will instead Second, every new registrant will be highlights of this historic piece of leg- serve as a tremendous resource for required to provide their driver’s li- islation. After nearly 2 years of discus- those across America who conduct cense number, if they have been issued sions, negotiations, introductions and elections. one, or the last four digits of their So- reintroductions of election reform This conference report will help cial Security number. If they have nei- bills, we now stand ready to vote on make all elections more accurate, ther, the State will assign them a the most important piece of legislation unique identifier. This information will more accessible, and more honest, before Congress in many years. be matched with the department of while respecting the primacy of States I thank, again, Senator DODD for his and localities in the administration of motor vehicles which will in turn steadfast leadership. He committed 110 elections. For the first time ever, the match their data with the Social Secu- percent of himself to this issue and Federal Government will invest signifi- rity Administration. States which use worked tirelessly to bring us to this the full nine-digit Social Security cant resources to improve the process, day. I also thank Senator BOND for all roughly $3.9 billion. Every State will number for voter registration are given of his work to protect the integrity of receive funds under this legislation, the option to avail themselves of this the election process. I also congratu- and the smaller States are guaranteed important new provision. Contrary to late my colleagues on the other side of a share of the pot. The funds will be the assertions of some, the only thing the Hill for their significant achieve- this provision impedes is vote fraud. used by the States in a manner they ment: Congressman BOB NEY of Ohio, Third, first-time voters who register determine best suits their needs, rather chairman of the conference, did a su- by mail will have to confirm their than the Federal Government pre- perb job; and our good friend STENY identity at some point in the process scribing a one-size-fits-all system. HOYER, ranking member, who was out- by photo identification or other per- Whether it is by replacing a punchcard standing as well. missible identification. This provision or a lever voting system or educating And to the staff people involved in was championed by Senator BOND, and and training poll workers, States are this, my own staff on the Rules Com- its importance was once again high- provided the flexibility to address their mittee: Tam Somerville; I particularly lighted just this past week in South specific needs. commend Brian Lewis, who was there Dakota where there is an ongoing joint The mantra of this legislation, from beginning to end in this process— Federal and State investigation of coined by the distinguished senior Sen- as far as I am concerned, this will be fraudulent voter registrations. ator from Missouri, KIT BOND, has been known as the Brian Lewis bill around According to press reports in South to ‘‘make it easier to vote and harder my office—and his able right hand, Dakota, people are registering weeks to cheat.’’ We have achieved that bal- Leon Sequeira, and Chris Moore and after they have died, and one eager ance in this conference agreement by Hugh Farrish, all of the Rules Com- voter even completed 150 voter reg- setting standards for States to meet, mittee staff. istration cards. Is that an enthusiastic standards which the Federal Govern- For Senator BOND, Julie Dammann voter or what? ment will pay 95 percent of the cost to The South Dakota Attorney General and Jack Bartling of Senator BOND’s implement. Voting systems will allow succinctly summed up the problem: staff were superb. And for Senator voters to verify their ballots and allow DODD, Kennie Gill, Shawn Maher, Ron- It’s pretty easy to register under a false voters a second chance, if they make a name, have the registration confirmation nie Gillespie, we enjoyed working with mistake, while maintaining the sanc- sent back to your home, then send in by mail them, and they, too, should feel about tity of a private ballot. an absentee ballot request, get it and vote good about this. From Congressman Voting will become more accessible under the false name, send it back and get it NEY’s staff, Paul Vinovich, Chet Kalis, to people with disabilities, an issue ad- counted. Roman Buhler, Pat Leahy—they have a mirably and vigorously championed by Under this legislation, that is not staffer named Pat Leahy, how about Senator DODD. Provisional ballots will going to be possible any longer. That is that—and Matt Petersen. And from be provided to all Americans who show a step in the right direction for our de- Congressman HOYER’s staff, Bob Cable, up at polling sites only to learn their mocracy. Keith Abouchar and Len Shambon. names are not on the poll books. Such These three provisions will ensure This is indeed a happy day, not just a voter’s eligibility will be verified, that dogs such as Ritzy Mekler, Holly for Senator BOND and myself, but for

VerDate 0ct 09 2002 01:25 Oct 16, 2002 Jkt 019060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G15OC6.044 S15PT1 S10420 CONGRESSIONAL RECORD — SENATE October 15, 2002 all Members of the Congress. This is a ing voter turnout and addressing the digits of their Social Security number, remarkable achievement we can all need for uniform poll closing times in a copy of a current utility bill, bank feel good about. We look forward to federal elections.∑ statement, government document, or a seeing it pass tomorrow by an over- Mr. DODD. Mr. President, I yield 15 valid photo identification. When they whelming margin. I am sure the Presi- minutes to my colleague from Oregon, cast their ballot by mail, Oregon’s dent at some point will want to sign Senator WYDEN. State elections officials will verify the this with appropriate flourish down at The PRESIDING OFFICER. The Sen- voter’s eligibility consistent with the White House. ator from Oregon. State law by signature verification. Again, I thank my colleague from Mr. WYDEN. Mr. President, let me Under our Oregon election law, an elec- Connecticut and yield the floor. join in the extraordinarily important tions official determines voter eligi- WEEKEND VOTING comments that have been made by Sen- bility by matching the signature on ∑ Mr. KOHL. I thank the distinguished ator DODD and Senator MCCONNELL. the registration with the signature on chairman of the Rules Committee for This has been a huge and arduous task the mail-in ballot. Oregon’s signature clarifying a provision in the bill. As that had to be bipartisan. The fact is, match system would not change. the Senator knows, I am the sponsor of you can’t get anything done that really My primary concern throughout this legislation moving Federal elections is important without it being bipar- discussion has, of course, been to sup- from the first Tuesday in November to tisan. port our pioneering vote-by-mail sys- the first weekend in November. It is I take a moment to thank Senator tem, which I think is the wave of the my hope that moving Federal elections DODD. He has been extraordinarily pa- future. But as we have seen in recent to the weekend will increase voter tient with me and with all of the Mem- days it is not just Oregon but a variety turnout by giving all voters ample op- bers of this body who come from States of other States are going to see mil- portunity to get to the polls without that have pioneered innovative ap- lions of people saying they want to creating a national holiday. My pro- proaches. take the time, essentially through the posal would also have the polls open It is fair to say right now with mil- fall when people are considering the the same hours across the continental lions of Americans essentially being candidates, to look at the statements United States, addressing the challenge early voters, there have been estimates put out and reflect on them in a way of keeping results on one side of the that something along the lines of 15 that is convenient for them. country, or even a state, from influ- percent of the American people are We said at the beginning of this dis- encing voting in places where polls are going to vote early. cussion that we wanted to discourage still open. The legislation that Senator DODD fraud and encourage voters. I think The Senate version of the election re- and Senator MCCONNELL brings to us that is what the Dodd-McConnell legis- form legislation before us included a today protects the wave of the future— lation does. I am particularly pleased provision sponsored by Senator HOL- this early voting—whether it be by ab- that it does so in a way that protects LINGS and myself which directed the sentee ballot or the pioneering vote-by- Oregon’s pioneering system and all of Election Administration Commission mail system. those around this country who are to study the viability of changing the What this legislation does is protect going to be voting by mail. day for congressional and presidential the early voters—the person we are Senator MCCONNELL just mentioned elections from the first Tuesday in No- seeing more and more of in the Amer- that this is, in his view, just about as vember to a holiday or the weekend, ican political process—by, in effect, important as it gets for the Senate. I with the possibility of looking at the taking steps to discourage fraud at the will reaffirm that statement. After all first weekend in November. Unfortu- front end when people register, and of the problems that we have seen in nately, during the conference on this then making sure that people don’t Florida, after you look at all of the bill, the studies section was refined to face unnecessary barriers and hassles challenges in terms of getting young direct the Election Administration when they actually participate in the people excited about politics and ex- Commission to study the ‘‘feasibility fall of even-numbered years. So I com- cited about the democratic process, and advisability of conducting elec- mend Senators DODD and MCCONNELL what this legislation does is it reaches tions for Federal office on different for their work in this area. out and says: We understand those con- days, at different places, and during Suffice it to say, at various stages in cerns. We understand that the Amer- different hours, including the advis- the discussion, I wasn’t sure that we ican people feel more strongly about ability of establishing a uniform poll were going to make it. Look at how the this subject than just about anything closing time’’ with a legal public holi- debate began when this bill first came else because it is what we are about. It day mentioned as one option but no to the floor of the Senate. It seemed to is about our values, our principles; it is mention of weekend voting. Is it cor- me and others that millions of Ameri- what the Senate is all about. So I am rect that there was no specific intent cans would have been turned away very pleased that Senators DODD and to leave out weekend voting as an op- from the polls because they didn’t have MCCONNELL had the patience to work tion? with them a valid photo identification with some of us who, I am sure, were Mr. DODD. The Senator from Wis- or a copy of a utility bill. It would have fairly prickly and difficult along the consin is correct. The conferees in- disenfranchised millions of Americans. way. I don’t know how many hours we tended that the new Election Adminis- I and others made that point to Chair- had in negotiations just looking at the tration Commission consider all op- man DODD and Senator MCCONNELL, arcane details of some of the vote-by- tions for election day, including the and we began a very lengthy set of ne- mail States. But Senator DODD said we Senator’s interesting proposal to move gotiations that involved Senators are just not going to give up. We under- elections to the weekend. There was DODD, MCCONNELL, BOND, CANTWELL, stand that you are doing something also no intent to limit the Election Ad- SCHUMER, and I. Together we were able very exciting in the Pacific Northwest, ministration Commission to consid- to work out an agreement with respect and we encourage it. ering just one day as an election day. to the photo identification provision. It In effect, what Senator DODD has It is my hope that the commission will protects fully the vote-by-mail system. done is not just protect the Oregon sys- examine all options, including the pos- In fact, it protects all Americans who tem but allowed this country to build sibility of holding elections over two want to vote early, as I have men- on something that I think is the wave days as suggested in Senator KOHL’s tioned. It is outlined in section 303 of of the future; that is, people voting es- proposal. the conference report. sentially throughout the fall. We have Mr. KOHL. I thank the Senator from I thought I would take a minute to seen—as reported recently in various Connecticut for this clarification. I describe how this provision would States as they innovate with different hope that the Election Administration work. Beginning in January 2004, any- kinds of systems—a variety of ap- Commission will seriously consider one who registers to vote for the first proaches that are being tried. My own moving federal elections to the week- time, let’s say in Oregon, has the sense is that it won’t be very long be- end. I will continue to advocate for choice of registering by providing a fore people start voting online in this weekend voting as a means of increas- driver’s license number, the last four country.

VerDate 0ct 09 2002 01:25 Oct 16, 2002 Jkt 019060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G15OC6.046 S15PT1 October 15, 2002 CONGRESSIONAL RECORD — SENATE S10421 So what Senator DODD has done is was the condition that you had to fill Armed Services Committee—I will for- made it clear that he is going to stand out. get some—a lot of committees. So with all of us in the Senate who want There are actually some jurisdictions there were a lot more conferees from to discourage fraud, and we are going in this country, by the way, not in Fed- the other body on the conference com- to do it at the right time and in the eral elections but local elections, mittee. I thank them. right way, which is essentially at the where noncitizens, by municipal law, I extend my special appreciation for front end when people come to sign up are allowed to vote. the invaluable expertise and contribu- for the electoral process. But then, The State of Oregon is, I think, on tions in negotiating this bill to final after we can ascertain they are who the cutting edge. I agree with my col- passage to Paul Vinovich, one of the they say they are, they are not going league on this. Maybe because I have a principal staff people for BOB NEY, and to face innumerable hassles and bar- head of gray hair, but I like the idea of Chet Kalis, who is a wonderful indi- riers when they actually show up to a community gathering at a polling vidual. Both of these men are remark- vote. place. There is a sense of community able people and did a fantastic job, not So my thanks to Senator DODD and spirit about showing up. just for BOB NEY and the Republican his staff, Carole Grunberg, who is here. In my town of East Haddam, CT—it side, but they always had the sense She has championed for us the Oregon is a small place with only a few thou- they wanted to get a bill done, and vote-by-mail system. But with Senator sand people and where I have lived for that is a big difference when you are in DODD in the Chamber, I want him to the last two decades—we all gather in a conference. If you are looking across know how much I appreciate what he is the old townhall, literally around the the table at people and if the negoti- doing. It means a tremendous amount potbellied stove. The folks I have ating is to stop something or to make to my constituents and also to this known for the last two decades run the something happen, what a difference it country and to the future of American polling operations there. We like it is when you talk to people who give voting. that way. I am not suggesting there is you the sense they want something to I yield the floor. a younger generation coming along happen. I thank them. Mr. DODD. Mr. President, before my who do not like the way they do it in I thank Roman Buhler, a tough nego- colleague leaves the floor, I thank him Oregon—I suspect they might, and I tiator; Matthew Petersen; and Pat and his staff as well for their tremen- suspect there will be States allowing Leahy. dous contribution. One of the things we people, in the not-too-distant future, to From the office of STENY HOYER: Bill did in this bill—I say to my friend from vote by Internet. Cable—I have known Bill for all my Oregon that he is in large part respon- I thank him for bringing forward the years in Congress. When I served in the sible for this, I probably should give Oregon and, we should add, the Wash- other body, Bill Cable was a terrific him more credit for this—we set Fed- ington experience, because they are staff person then. He has a wonderful eral standards and rights that never similar experiences, to this debate. The institutional memory about the Con- have existed before in all Federal elec- fact we managed to accommodate the gress of the United States. STENY tions across the country, and we have unique voting circumstances in their HOYER is truly fortunate to have Bill enumerated the rights in this bill. States gave rise to the idea there actu- Cable with him. I thank him for the One of the things I fought very hard ally may be other States that may long hours he put in on this legislation. to preserve is that what constitutes a want to move in this direction. In fact, Keith Abouchar and Lenny Shambon valid registration of a voter and what the provisions authored by my col- were wonderful. They are knowledge- constitutes a valid vote is left up to league and included in the conference able people and have been very helpful the States. We don’t federalize reg- report can be used by every state, and on this. They understand the laws, and istration and we don’t federalize how not just by Oregon and Washington. We have a wonderful expertise in motor votes get counted. We have left that to thank Senator WYDEN for his contribu- voter registration and how these pro- the States. It would be overreaching to tion and for making this a stronger and posals work. go that far. a better bill, and one that does main- I further thank JOHN CONYERS. I men- I must say some of the most creative tain its sensitivity to the unique re- tioned already my coauthor of this leg- ideas on how to make this basic fran- quirements and needs of people across islation initially, but I want to also chise accessible to the maximum num- this vast country of ours. I thank the thank his staff. I thank Perry ber of people, the most creative ideas distinguished Senator from Oregon for Apelbaum, Ted Kalo, and Michone are occurring in our States across the his contribution. Johnson, who were just wonderful and country. There are differences in I note as well—it is somewhat an tireless in their efforts. I thank them places, and States ought to have the irony—I recall vividly the day Senator for their tremendous work. Along with flexibility of deciding what system MCCONNELL and I had announced we JOHN, they were a great source of infor- works best for them. had reached an agreement, at least on mation and guidance during some very I will tell my colleague, I have the Senate version of this bill, our col- delicate moments on how we ought to learned of some fascinating historical league who is now presiding over the proceed. stories. Going back, people have said: Senate was presiding over the Senate TOM DASCHLE, our leader in the Sen- Where in the Constitution does it say that very day. He would not have ate, has been tremendously helpful you have to be a citizen to vote? Well, known on that day a year and a half through all of this. He asked me how it is the 14th and 15th amendments. ago he would be presiding today as long the original bill would take on the The 14th amendment describes what a well. I thank him. floor of the Senate when it came up. citizen is, and the 15th amendment Mr. President, I wish to note because We had gotten through this, worked says all citizens have the right to vote. there are so many wonderful staff peo- out the agreement, and there were a There was a time—and the Presiding ple and they do not get the credit they lot of demands for time on the floor. He Officer may find this interesting—when deserve—we get to stand here and give looked at me and said: How long do you we discovered as part of our research the speeches and our names go on the think it will take to debate the elec- that in the latter part of the 19th cen- bills. There are literally dozens of peo- tion reform bill? tury, in certain areas of the upper Mid- ple who work incredible hours to I said: Mr. Leader, I think we can do west, in efforts to attract immigrant produce the kind of legislation we are it in 2 days. populations to settle in some of the endorsing today. Mr. President, if you look around, vast farmlands there, they actually I mentioned already the Members on you can see the smiles on the faces of said: We will allow you to vote in Fed- the House side, my colleagues, BOB NEY some of the floor staff. I think we were eral elections—which they did. I can- and STENY HOYER, the principal House on the floor 9 days, had 46 amend- not find the lawsuit that stopped it. I advocates. There was a long list of con- ments, and there were a hundred more, think it may have been by tradition, ferees, by the way, in the House. A at least, proposed. I took some very but it provided that the person who number of committees of jurisdiction healthy ribbing from the majority signed up made a promise that they touched on matters in this bill, from leader and others on the staff when would someday become a citizen. That the Ways and Means Committee to the they would look at me day after day

VerDate 0ct 09 2002 01:25 Oct 16, 2002 Jkt 019060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G15OC6.050 S15PT1 S10422 CONGRESSIONAL RECORD — SENATE October 15, 2002 and say: How long did you say this bill staff. I mentioned Oregon, Senator They could then see people such as would take? It took a lot longer than WYDEN and his State, and the Senator these who are so dedicated and see to it we anticipated. from the State of Washington, Ms. that we can get it right. They did not I thank Andrea LaRue, Jennifer CANTWELL, had similar circumstances bring political baggage to that discus- Duck, Michelle Ballantyne, Mark and were concerned about how the pro- sion and debate. Childress, and Mark Patterson from visions of this bill would work in a I mentioned some history earlier the majority leader’s staff for their pa- State where a significant number of about the upper Midwest and these tience and assistance. the people vote by mail. They wanted other places. The Congressional Re- With regard to Senator MCCONNELL’s to be sure we were not doing anything search Service, CRS, was the organiza- staff, we spent a lot of time with Sen- here that was going to prohibit them tion that provided me with some his- ator MCCONNELL’s staff. We spent more from conducting their elections in the torical framework and background in time with Senator MCCONNELL’s staff way they have done successfully for the conduct of elections and also pro- than with Senator MCCONNELL, and he some time. vided side-by-side versions of bills would be the first to say that. Tam I mentioned Senator WYDEN. I thank along the way. And we thank them: Somerville, Brian Lewis, and Leon Carol Grunberg for her work as well. Kevin Coleman, who is an analyst in Sequeira are also very fine and hard- The floor staff, again, were tremen- the American National Government; working staff members. Brian Lewis— dously patient with this Member. I tied Eric Fischer, senior specialist in poor Brian got saddled with more re- up the cloakroom for hours one Friday Science and Technology; L. Paige sponsibilities. With all of this coming trying to get holds lifted on this bill. Whitaker, legislative attorney at the together, committee staff had to deal The floor staff was tremendously Congressional Research Service; David with campaign finance reform and elec- helpful. Marty Paone, Lula Davis, Gary Huckabee, who is a specialist in Amer- tion reform all at once. There were de- Myrick, members of the cloakroom ican National Government; and Judith mands on their time, pulling them in staff, were tremendously supportive. Fraizer, who is an information research two different directions, as we were I apologize for going through all of specialist. They did a great job, and we trying to get this bill completed in the this and mentioning these names. I are very grateful to them as well. Senate so we could get to conference could just submit them for the RECORD, I wish to thank my own staff. Obvi- because we knew we had a long con- but I want to say their names because ously, in my own heart and mind they ference ahead of us. I express my grati- just putting their names in the RECORD come first, as one might expect, but tude to Brian. He is knowledgeable, does not do justice to the amount of my mother raised me to be polite so I worked hard, and made a significant time and effort people have put in. So mentioned other people first. I am par- contribution. I appreciate it very I beg the indulgence of the Chair and ticularly grateful to my own staff who much. others as I go through this. worked very hard on this. Through my Senator SCHUMER’s staff: Polly This may sound mundane or boring bellowing and barking, and doing all Trottenberg, Christine Parker, Cindy to those who are watching it, but I am the things we do and wondering why we Bauerly, and Sharon Levin were very someone who believes very strongly we could not reach agreements earlier—I helpful. I thank them. ought to give more recognition to the hope I was not too impatient with Senator BOND: Julie Dammann and people whose names never appear much them—I want to thank Shawn Maher, Jack Bartling. We had some real go- around this place and yet who make in- who is my legislative director. He was rounds with Senator BOND’s staff on credible contributions to a product like tremendously patient and did a great some of the provisions in this bill. I this. job. Kennie Gill, who is the staff direc- thank both of them for a lot of effort. I want to thank the Office of Legisla- tor and chief counsel of the Rules Com- Jack Bartling spent a lot of time dur- tive Counsel. Let me explain what leg- mittee, is just one of the most knowl- ing the Senate consideration, going islative counsel does. These are the edgeable people about this institution I back months and months ago, sitting people who actually write these bills. have ever met in my 27 years in Con- up late nights in my conference room We tell them what we are thinking, gress. I have met Members who have and going through what we wanted to these grand ideas of ours. A Senator great respect for the institution, its do and how it might work. I occasion- has a grand idea. The staff tries to put history, its traditions, what these ally would run into Jack off the Hill. language around the grand idea and buildings mean, and what membership Even in off hours in restaurants, we then they go to legislative counsel, means in the other body or this body. I would end up being seated next to each who then has to write it in a legalistic have never met anybody, Member or other unintentionally by the maitre d’. way so it can actually mean something non-Member, who has as much rev- We spent all day working on this legis- because words have specific meaning. erence for this institution as Kennie lation, and when I went out for an So the legislative counsel’s office was Gill, and I thank her. evening with my wife and child, who instrumental—we asked them to work Ronnie Gillespie, who is a terrific in- ended up sitting next to me but Jack around the clock on a few instances. dividual as well, is our counsel on the Bartling, and here we go again car- Literally, they were up all night pro- Rules Committee. She did a terrific job rying on conversations. I thank Jack. ducing language because we were run- and I am very grateful to her, as well I thank Jennifer Leach and Sara ning up against the clock to get this as my own staff, Sheryl Cohen, Marvin Wills on Senator TORRICELLI’s staff. bill done. So to Jim Scott and Jim Fast, Alex Swartsel and Tom Lenard. Senator BOB TORRICELLI offered some Fransen of the Office of Senate Legis- of the earliest versions of election relative Counsel, and Noah Wofsy, from Sheryl Cohen is my staff director, chief form. Early on he thought we ought to the House legislative counsel, I want to of staff of my office, and has to manage do something about election reform express my deep sense of gratitude to all of these things going around. She does a wonderful job, and I am very and worked with Senator MCCONNELL them for their work. They sat down and others to craft legislation. He very objectively. Noah Wolfsy is on the grateful to her. From the Rules Com- agreed to work with us on our bill House side under the Republican lead- mittee, Carole Blessington, Beth when we developed it. I thank Senator ership in the House. Jim Scott and Jim Meagher, Hasan Mansori, and Sue TORRICELLI for working very hard on Fransen are in the Senate under the Wright also deserve some very special campaign election reform. Democratic leadership of the Senate, recognition. Chris Shunk, Jennifer Senator MCCAIN’s staff: Ken LaSala. but neither side was partisan in any Cusick, and Sam Young are non-des- I offer a special appreciation for his in- way. I can honestly say if I sat them in ignated staff on the Rules Committee valuable expertise and contributions in a room and asked them for their views staff, who kept the vouchers going dur- negotiating and bringing this bill to on how this ought to be written, I ing this time and they do wonderful final passage. would never know from which party work. There are some former members Senator DURBIN’s staff: Bill Weber they had been chosen to do the job. who were part of this effort who had to was tremendously helpful to us. I They are that objective and that pro- leave for various reasons before the thank him. fessional in how they do it. completion of this bill, but the fact I thank Beth Stein and Caroline Sometimes I wish America could they are not here does not mean they Fredrickson from Senator CANTWELL’s watch this when they talk about laws. should not be recognized. Stacy Beck,

VerDate 0ct 09 2002 01:25 Oct 16, 2002 Jkt 019060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G15OC6.053 S15PT1 October 15, 2002 CONGRESSIONAL RECORD — SENATE S10423 Candace Chin, and Laura Roubicek are years to come because of what we have agreement on some of the other mat- three people I want to thank. done in the wake of a tragedy in the ters. The fault of that lies elsewhere. That is 60 individuals I have men- year 2000, on November 7. We have re- I wanted to not let the afternoon tioned. There may be others I have sponded to it with this legislation. Not close without this Senator expressing missed. If I have missed them, I apolo- in every sense, but on some of the core his strong feelings about some of the gize, but I want them to know that all questions, this Congress has stepped up other matters that the American pub- of us, regardless of political persuasion to the plate and responded to those lic desperately need. I did not engage or ideology, thank them, and millions issues. The leadership and Members of in the debate earlier today about the of Americans ought to as well because the other body, as well as the leader- economic conditions of our country, we never would have achieved this con- ship here, can rightfully claim a proud but it is what people are asking about ference report, been able to write this moment when this bill passes the Sen- as I go throughout my State, and other bill, had it not been for these 60 indi- ate tomorrow and President Bush signs parts of the country. People are very viduals and many more like them. this legislation as the permanent law worried about where we are headed eco- I have not mentioned the individuals of our land. nomically. They are worried about the on the outside that worked on this, the f quality of education. They are worried NAACP, the National Association of about whether jobs will be there. They Secretaries of State, the AFL–CIO, the BUSINESS OF THE CONGRESS want to hear us engaging in ideas that various disability groups. There are lit- Mr. DODD. Mr. President, my friend will advance how we can improve the erally hundreds of people who are in- from Kentucky, in the opening of his quality of education, extend health volved in this journey over the last remarks, talked about this Congress care benefits to people. They want to year and a half to produce this con- not being terribly successful. I would get a sense we are on their side. They ference report. I know normally we do take some issue with that. This Senate know we cannot do it all ourselves. It not take as much time to talk about has been successful, as I look down the takes cooperation between private and all of this, but I think Senator MCCON- list I have of more than three pages of other governmental sectors, but they NELL and I—and not because it is a legislation going back to the use of want to know we care as much about pride of authorship, but we think we force resolution after September 11, re- what they struggle with to make ends have done something very historically sponses to terrorist attacks, the Pa- meet, to provide for families and pro- significant. We are changing America. triot Act, the airport security, Defense vide for their future. We are changing the way America is authorizations, homeland defense, I think it is regrettable we will spend going to be choosing its leadership. We antiterrorism bills, terrorism insur- the last remaining days with people want everyone to participate in this ance—we are still working on the con- flying around the country attending country. It is a source of significant ference—access to affordable pharma- fundraising events when we could be embarrassment to me that there are ceuticals, prescription drugs, re- working on some of the economic prob- individuals who cannot participate. importation, patients’ bill of rights. lems afflicting people in this country. I served in the Peace Corps in Latin Again, conference reports have not We see the deficits mounting again America back in the 1960s. So I am been reached, but this Senate has had after the great hope the surpluses were asked periodically to go and observe extensive debates where all sides have going to provide, surpluses from the elections, particularly in Latin Amer- been heard on these matters. previous administration. It is sad we ica, because I know the language and I mentioned in the election reform have come to this in our country. We have knowledge of the area. I cannot bill more than 40 amendments were ought to get our priorities straight and say how moving it is to watch some of considered on the floor. With all due get back on the economic issues. The these desperately poor countries where respect to the other body these days, it American people expect nothing less. the people who lack any formal edu- is not uncommon for legislation to be If we wonder why people do not par- cation, or have very little of it, will lit- considered where only one or two ticipate as often as we would like in erally stand in line all day, walk miles amendments may be offered. It is re- the election process, some has to do through blistering and difficult weath- grettable we have not been able to with people being too lazy. An awful er, intimidation, fear of literally being reach agreement between the other lot has to do with people wondering killed if they show up, and they vote. body and this body on some of these whether the things they worry most They look to us as a beacon of what it matters, but the Senate over this last about are even being considered by the means as a free people to be able to Congress has responded to incredible people they elect to public office. Peo- choose who represents us, from the and unprecedented difficulties in this ple do not think of themselves as most insignificant office on the munic- generation. In the wake of September Democrats or Republicans every day. ipal or town level to the Presidency of 11, the anthrax attack, and the tremen- They think of themselves as being citi- the United States. The idea that each dous pressures that put on this institu- zens of the country: Parents, children, and every one of us can be a part of tion, I am as disappointed as anyone neighbors, coworkers. That is how they making those choices, and the fact that we do not have a prescription drug define themselves. They want to know that only 50 percent of our eligible pop- benefit, that we don’t have a Patients’ their elected representatives, regard- ulation does so, ought to be a source of Bill of Rights, that we don’t have a less of party, are keeping their inter- collective shame. While this bill is not minimum wage, that we are not re- ests in mind. going to eradicate all of that, when we sponding to the unemployment re- This is a republic. They do not get consider how hard some people fight to quests. the chance to vote. If 280 million Amer- be free, how blessed we are as a people That is not because this Senate has icans could be packed in the Chambers, and how little is asked of us to partici- not wanted to step up, time after time. the agenda would change. It would be pate in the process which has histori- I am proud to be a Daschle Democrat. about health care, it would be about cally distinguished us as a people, our I hear people suggesting that as a mon- prescription drugs, about a minimum sincere hope today, as we vote tomor- iker of derision. Many think TOM wage, and improving the quality of ele- row on this bill, is we have made it DASCHLE has done a remarkable job in mentary and secondary education. If easier for people to meet that obliga- being the majority leader. It is dis- they could stand here collectively, that tion and made it more difficult for appointing we have not been able to do is what they would ask us to do—to be those who would like to scam it in on the other matters what we were leaders on those questions, to become some way. But the most important able to get done on the election reform, forces in visions for improving the thing this legislation does is to make it but that is not the fault of the major- quality of life for people in the coun- easier for people to make that choice. ity leader. try. So all of those who have been in- I am proud of the election reform That is what Senator DASCHLE has volved in this have my profound sense bill. I am proud of a lot of other things tried to do over the past 2 years in the of gratitude, and I am very confident done in this Senate over the last num- wake and midst of all the other prob- that sense of gratitude is going to be ber of months before we adjourn. I am lems we face. I commend him for it, expressed by millions of people for disappointed we were not able to reach HARRY REID, BYRON DORGAN, and other

VerDate 0ct 09 2002 01:25 Oct 16, 2002 Jkt 019060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G15OC6.056 S15PT1 S10424 CONGRESSIONAL RECORD — SENATE October 15, 2002 Members of the leadership here. I un- Mr. DODD. I yield back all the re- through envelopes, Mary Morris, Ce- derstand as well it is not easy for maining time on the conference report. leste Curseen, and their families and TRENT LOTT and DON NICKLES, the lead- The PRESIDING OFFICER. Without friends have endured a terribly painful ership on the other side. objection, the time is yielded back. year. My hope is when we come back here Mr. DODD. Mr. President, I suggest Thomas Morris, Joseph Curseen, and in January we get about the business of the absence of a quorum. all of America’s postal workers contin- grappling with the underlying ques- The PRESIDING OFFICER. The ued to work even when they knew they tions. We spent a lot of time on Iraq clerk will call the roll. could risk for exposure to anthrax or and the other questions. The American The assistant legislative clerk pro- other biological or chemical agents. people want to know why we cannot ceeded to call the roll. Postal workers accept those and other spend a few days talking about the Mr. DASCHLE. Mr. President, I ask risks every day, and for their courage issues they worry most about. When unanimous consent that the order for and dedication, they deserve a nation’s they get up in the morning and they go the quorum call be rescinded. gratitude. to bed at night, they worry and they The PRESIDING OFFICER. Without Those who knew and loved Kathy sit around talking about how they will objection, it is so ordered. Nguyen and Ottillie Lundgren have lick these issues. They would like to f their own anniversaries approaching: know we would spend at least as much ONE-YEAR ANNIVERSARY OF October 31 and November 17. Exactly time on those questions as some of the SENATE ANTHRAX ATTACK how these women were exposed re- other issues. Mr. DASCHLE. Mr. President, one mains a sad mystery. Mr. BURNS. Mr. President, I rise Still others, including Ernesto Blan- today to support the hard work of the year ago today, a letter containing about two grams of anthrax was opened co, LeRoy Richmond, and Naomi Wal- conferees on the election reform con- lace, survived the disease. But many of in my office. My staff, Senator FEIN- ference report. I did not hesitate to them are suffering from debilitating vote against S. 565 because it unfairly GOLD’s staff, and the law enforcement and medical personnel who responded often painful long-term health effects. disadvantaged rural States and did not They have no anniversary to mark the fix the most grievous flaws with the to the incident were suddenly thrown into a world of frightening uncer- end of their ordeal, for it is ongoing. current system. I am pleased to report All of these people, like the first re- that significant improvements have tainty. Twenty-eight people tested positive sponders and Senate employees exposed been made from the original bill, and I to anthrax, were innocent victims. support this attempt to give greater infor exposure to multiple lethal doses of anthrax, and about 45 others were pre- My staff and I feel a special kinship tegrity to the electoral process. with the families of those who died and We can now ensure that the ballots sumed to be significantly exposed. They endured 100 to 120 days of anti- with those who continue to struggle from our servicemen and women over- with their health. On their behalf, and seas are properly handled. Their ballots biotics and the fear and anxiety that accompany the largest bioterrorist at- on behalf of the entire Senate, I extend cannot be refused based on early sub- our deepest sympathy to those to who mission, and each will bear a postmark tack on U.S. soil. All the while, they continued to come to work and do their lost friends and loved ones and our in order to avoid recent election very best wishes for a full recovery to debacles from occurring again. jobs—jobs that included trying to protect the rest of America from a similar those who survived the disease. All States will receive a minimum What else shall we offer these fami- grant award, with the potential to fate. Of course, the effects of this attacks lies? They need more than our sym- apply for additional funds, an improve- pathy. They—and all Americans—need ment over the Senate-passed version, were felt well beyond my office. Hun- our absolute resolve to ensure that our which would have disadvantaged rural dreds of others from the immediate country does everything it reasonably States with a solely competitive grant area were placed on preventive anti- can to prevent and address the bioter- program. Most importantly, this report biotics. House and Senate office build- rorist threat, so that others do not suf- identifies remedies for election fraud. ings were closed for several days, and fer what they have suffered. As tragic States may purge any individuals who the Hart building was closed for 3 as the anthrax attacks of last fall were, do not vote in two consecutive Federal months. they could have been much worse, and elections and are unresponsive to fol- Every member and employee of the we must prepare ourselves for and de- low-up by State officials. We must Senate was affected, and I must say it fend against the possibility of far clean up our voter rolls, and this provi- was an inspiration to see how well our sion gives States the vehicle to do so, community pulled together to ensure greater threats. We must be vigilant in our effort to should they choose to use it. This is by that the Senate continued to address identify and neutralize terrorist cells. no means a perfect report, but I am the business of the country. We must develop better ways to detect sufficiently convinced that we have In retrospect, we were very lucky. We taken great strides to better our voting knew exactly when and where people chemical and biological agents in the process. had been exposed, which gave us an ad- air, water, and food supplies. We must vantage that others did not have—the develop better vaccines. We must de- f opportunity to provide those who were velop better treatments for those who ORDER OF PROCEDURE exposed with immediate preventive are exposed to deadly viruses, bacteria, Mr. DODD. I ask unanimous consent care. And while there were some terri- and agents. And we must develop bet- tomorrow’s cloture vote be vitiated fying times, no one in the Senate com- ter coordination between the various and that the Senate proceed to the con- munity died as a result of their expo- public health, intelligence and other sideration of S. Res. 304 immediately sure to anthrax. government entities responsible for ad- upon the disposition of H.R. 5010, the Sadly, others were not so lucky. Rob- dressing the bioterrorist threat. Defense appropriations bill. I further ert Stevens and Ernesto Blanco had no The victims and their families also ask unanimous consent that tomor- idea they had been exposed to anthrax need and deserve to know that the per- row’s order with respect to the election when they fell ill. October 5 is the an- petrator or perpetrators of these ter- reform conference report, H.R. 3295, niversary that Ernesto Blanco remem- rible crimes will be brought to justice. commence at 11:40 a.m. and tomorrow’s bers; October 5 is the day his co-work- We are all frustrated by the fact that order with respect to the Defense ap- er, Robert Stevens, died. the person or persons responsible are propriations conference report com- Next week America’s postal workers still out there, capable of striking mence at 2:15 p.m., with all other pro- will mark two more tragic anniver- again. This is a complex case, and I visions of the above-mentioned orders saries: October 21 is the day Thomas L. know the FBI has focused many re- remaining in effect. Morris, Jr. died of inhalation anthrax, sources on it. I am hopeful they will I am told this is cleared by the mi- and his colleague Joseph P. Curseen, soon be in a position to bring the case nority as well. Jr. succumbed the following day. to a successful close. The PRESIDING OFFICER. Without Because it was not yet understood One year ago today, an anthrax-laden objection, it is so ordered. that the deadly bacteria could escape letter was opened in my office.

VerDate 0ct 09 2002 02:37 Oct 16, 2002 Jkt 019060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G15OC6.058 S15PT1 October 15, 2002 CONGRESSIONAL RECORD — SENATE S10425 Let us mark this anniversary—and ernment or an international terrorist fact that our law enforcement agencies all the sad anniversaries since Sep- organization, then you can involve the did not act quickly enough in order to tember 11—with a renewed sense of FISA Court, the special court, to ask obtain a FISA warrant against him. community, a renewed determination that court for a warrant to do a wire- The reason they did not is precisely be- to protect each other, and a renewed tap or to search a home or to search a cause of the difficulty of connecting resolve to preserve America’s strength computer, or whatever the case might him to a foreign country or a par- and spirit. be. ticular international terrorist organi- I yield the floor. I suggest the ab- Back in the 1970s, when this was first zation, which is what the FISA statute sence of a quorum. started, it was a fairly straightforward requires. The PRESIDING OFFICER. The proposition. If you thought, for exam- Now, bear in mind one of the ration- clerk will call the roll. ple, you might be dealing with a for- ales for being able to accelerate and The assistant legislative clerk pro- eign spy, somebody working for the short circuit the procedures here with ceeded to call the roll. then-Soviet Union, you could go to the a FISA warrant, as opposed to a reg- Mr. KYL. Mr. President, I ask unani- FISA Court and get a warrant for the ular title III type warrant, is you are mous consent that the order for the information you were seeking, and it dealing with a foreign country. You are quorum call be rescinded. was a little easier to obtain than not dealing with an American citizen. The PRESIDING OFFICER (Mr. JEF- through a regular court. You are dealing with a threat from FORDS). Without objection, it is so or- Secondly, the information was all without or an international terrorist dered. classified, secret; it did not have to be organization. So that is the theory. But in the case of someone such as f shared with anyone else, and these judges were cleared to receive that in- Zacarias Moussaoui, even though he AMENDING THE FISA LAW formation. So we were able to keep was a foreign person—not a United Mr. KYL. Mr. President, I would like these kinds of investigations classified, States citizen—we could not connect to speak in morning business for as and obviously that was a key element him with Algeria or France or any of long as I might consume to discuss to be able to prosecute these the other countries of the world. We some legislation Senator SCHUMER and counterterrorism types of cases. But thought his activities looked very sus- I have introduced and to discuss my in- back then the classical FISA target picious and that they could be ter- tention to seek to have that legislation would be either a Soviet agent or per- rorist-type planning, but not connected added to the conference of the intel- haps one of the sort of hierarchical ter- to a particular country. Nor was it pos- ligence authorization bill which, hope- rorist organizations such as the Bader- sible to connect him to al-Qaida. We fully, will come before this body for Meinhof gang in West Germany or the did not have information connecting our deliberation and acceptance by the Red Army faction or a group of that him to al-Qaida. We had some information that in an around-about way con- end of this week—again, hopefully. sort. Today, as you know, the situation nected him to terrorists in a particular This legislation not only will reau- is very different. thorize the intelligence community ac- We have in the world today amor- place but not an international terrorist tivities that are funded by the Con- phous terrorist groups that have spread organization. So here you had a situation where he gress, but also, perhaps, will include an throughout the entire world that are was talking to some terrorists, he agreement on an outside commission very loosely affiliated, sometimes not looked to be interested in engaging in that will later be established to look affiliated at all. It is not even clear fre- activity that could result in terrorism into the events prior to September 11. quently whether individual people are here in the United States, but the two So there are some important ele- directly connected to the terrorist requirements to get a warrant—either ments to this bill. One of the items I group or actually members of the ter- that he was involved in state-sponsored would like to add to it also deals with rorist group. And when we speak of terror with a particular country or a the subject of terrorism, the Schumer- ‘‘members of,’’ I am not even sure any- particular international terror organi- Kyl bill—that I will describe in just a body can define a member of a terrorist zation—could not be proved. And as a moment—which is a very small provi- organization. You do not pay dues and result, either legitimately or not le- sion in the so-called FISA law that have a card that identifies you as a gitimately, the FBI did not authorize a would be appropriately added in this member of al-Qaida or Hamas or warrant to search his computer, not- conference as an additional way we can Hezbollah or the Islamic Jihad or any withstanding the fact there were some help win the war on terror. of these other organizations. in our law enforcement community Let me begin by discussing just a lit- Now, it is true within the group who wished to do that. And, of course, tle bit what this legislation is and why there, you would have to be accepted as his computer was not searched until it is necessary, and then I will discuss someone they could trust, but I do not after September 11. a little bit further how we would like necessarily think they look at the peo- What the Schumer-Kyl bill does is to to have it considered. ple with whom they work as members correct this one little deficiency in the The bill number is S. 2568, called the of the organization. statute to bring it up to date, literally Schumer-Kyl bill. It would add three So we wrote a statute back in the from the time it was created back in words to the FISA legislation under 1970s for a different type of enemy than the cold war days, to today’s environ- which we are now able to gather infor- the enemy we face today. What we are ment in which you have amorphous mation that is useful in conducting our finding is sometimes it is very difficult terrorist groups floating around with war on terror. to connect up a particular terrorist ei- individuals freely associating amongst The Foreign Intelligence Surveil- ther with a foreign country or with a them, or perhaps even not at all with lance Act, or FISA, is a law which pro- particular terrorist organization. We them but engaged in terror. vides a special way of gathering this know there are state sponsors of ter- What it does is to correct this prob- evidence against terrorists, and its ori- rorism, and I suppose if we had evi- lem with the statute by adding just gins are back in the 1970s. But it deals dence somebody here in the United three words—‘‘or foreign person’’—to with a different situation today in ter- States was planning to commit an act the targets of the warrant. So an indi- rorism than it did back then. of terror, and they were employed by vidual would be the subject of a war- Let me just go back in time. The idea the Government of, let’s say, Iran, we rant if you could show you had prob- was if you were working for a foreign could probably get a FISA warrant be- able cause to believe the individual was government, we ought to have a little cause we could connect them pretty engaged in or planning to engage in an better ability to investigate you than easily to a foreign country that has act of terrorism and either was doing through the probable cause require- been known to conduct state terrorism. so on behalf of another country, an ments of the 4th amendment that we But it is a lot more difficult when you international terrorist organization, or would ordinarily apply in a title III have somebody such as Zacarias the person himself is a foreign person. court situation. So the FISA law was Moussaoui, for example, the alleged So you have the connection of two established to say if you have evidence 20th hijacker. His is an actual case in things. You have a potential act of ter- someone is working for a foreign gov- point used by many to demonstrate the ror and a foreign person. And that is

VerDate 0ct 09 2002 02:37 Oct 16, 2002 Jkt 019060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\A15OC6.021 S15PT1 S10426 CONGRESSIONAL RECORD — SENATE October 15, 2002 basically the same rationale that ex- the foreign persons provision we are Washington Post originally suggested, ists with respect to the rationale for adding, and you then could connect the that ultimately prevented the issuance the original FISA law and warrants au- individual to an international terrorist of a warrant. As a result, for 3 weeks thorized thereunder. organization or foreign power. That is prior to the September 11 attack, the By adding to the definition of ‘‘for- what eventually occurred with respect FBI was unable to search Moussaoui’s eign power,’’ a ‘‘foreign person,’’ ‘‘a to Moussaoui. computer or his papers. foreign person,’’ you include the kind The point is, we are no longer just After the trade center and Pentagon of case Moussaoui presented to us looking at the FISA warrant to pros- attacks, and largely because of them, where we knew we wanted to look into ecute someone for a crime that has the FBI received a criminal warrant to his affairs. We could not do so under been committed. The entire effort of search Moussaoui. Among other things, FISA because we couldn’t connect him the Congress, the intelligence commu- the information in his effects linked to a foreign power or terrorist organi- nity, and the administration after Sep- him to two of the actual hijackers and zation, and yet as the facts definitely tember 11 was to add a mission as a su- to a high-level organizer of the attacks indicated, it was somebody we should perior mission to the law enforcement recently arrested in Pakistan. have been able to, whose computer we after-the-fact-prosecution-of-crime Nobody can say whether this infor- should have been able to search prior mission of the FBI, and that new mis- mation necessarily would have allowed to September 11. sion was to try to prevent or preempt us to stop the September 11 conspiracy. Let me be a little more specific about crimes from occurring in the first in- But everyone would agree that access this case because there are those who stance. So the FBI has been reorga- to this information would have been will wonder whether or not maybe we nized to go out and seek information very helpful and could have enabled us are opening the FISA statute up to po- on potential terrorists and be able to to do more than we did. Once they had tential abuse of American citizens—the prevent the terrorist attack before it evidence that he was involved in inter- answer to that is no—by our definition, occurs. national terrorism, the full FISA tools or that guests of the United States, If it occurs, they can still do the sec- would have been available to them, re- foreign persons who were here on, let’s ond function, which is to prosecute gardless of whether they could be say, a nonimmigrant visa, such as after the fact. But the first object of linked to a particular group. But in- Moussaoui—that maybe their rights the game is to prevent it from hap- stead, the outdated and unnecessary would be violated. I want to make it pening in the first place. That is the requirement in the statute to link him clear that that would not be the case. way they have been reorganized. to a specific international group pre- We are familiar with the FBI special What they are now going to try to do vented the FBI agents from pursuing agent from Minneapolis, Coleen is, using statutes such as the FISA what turned out to be the very best Rowley, who wrote the famous memo statute, to uncover information with lead they had prior to the September 11 relating to Zacarias Moussaoui. She respect to people about to commit acts attacks. testified before the Intelligence and of terror and stop it from occurring. We have looked into this. We have Judiciary Committees that she be- But without the change in the Schu- had several people testify before our lieved this kind of additional authority mer-Kyl bill, we are leaving one great committee on behalf of the administra- not only was warranted but was nec- big loophole available to the terrorists. tion in support of this three-word essary for people like her in the field That is the terrorist who is either act- change to the FISA statute. Yet it has offices to do their work and she did not ing on his own or the terrorist who, been very difficult for us to get action. believe that would raise any additional while acting on behalf of an inter- It is true that the legislation has not questions; that it was an essential part national terrorist organization or been marked up in the Judiciary Com- of the tools the individuals in her posi- state, has not yet clearly signalled mittee, but, frankly, the chairman has tion would need. that to our law enforcement officials to not afforded us that opportunity. Not- Director Mueller of the FBI, as well, the point that we can succeed in get- withstanding the fact that we have had indicated in testimony that he believed ting a FISA warrant. testimony in several different hearings the current limited foreign power defi- Our change will enable us to get the of two different committees, we have nition would have made it difficult for warrant and then tie the individual to not been able to get the bill as a free- the FBI to secure a FISA warrant the international terrorist organiza- standing bill to the floor for consider- against any of the September 11 hijack- tion or foreign state, if that, in fact, is ation by the Senate. ers. And in fact he noted to the com- the state of information. There is an opportunity for us to at- mittee: Let me go on with respect to the tach it as an amendment. As I said, the Prior to September 11, of the 19 or 20 hi- Moussaoui case to illustrate how this best opportunity is the authorization jackers, we had very little information as to would work. The agent from the Min- bill of the intelligence community. any one of the individuals being associated neapolis FBI office described to the Ju- This is the perfect opportunity for us with a particular terrorist group. diciary and Intelligence Committees to do so. So what this amendment does is deal how that office opened the investiga- There will be those who will say the with two situations. The first is where tion of Moussaoui on August 15, 2001. bill has not gone through the regular you literally have the lone wolf, a ter- The dates are very important. This was order of the committees and, therefore, rorist acting on his or her own behalf a month before the attack on the it should not be included on the au- unconnected to an international ter- World Trade Center and the Pentagon. thorization bill of the intelligence rorist organization or foreign power The Minneapolis agents arrested community. but who is a foreign person in this Moussaoui on immigration charges at The response to that is twofold: First country planning to commit an act of that time and applied for a FISA war- of all, at this stage in the session, in terrorism against Americans. That is rant to search his belongings. these last few days, we will see hun- exactly what the FISA warrants are But as the FBI’s deputy general dreds of bills come through here, supposed to be getting at or are sup- counsel stated before the two commit- hotlined—the phrase we use—bills that posed to enable us to collect informa- tees, although Moussaoui was found to will be put at the desk. Members will tion on. Yet under the current statute have some association with Chechen be asked whether they have any objec- that would not be possible. This solves terrorists, the evidence was inadequate tion to these bills. If there are no ob- the lone wolf problem. to show that he served as an agent of jections, they will pass by unanimous It also solves the Moussaoui problem, that group or that he had any links consent bills that never saw a markup which is the case of an individual who whatsoever to al-Qaida. in committee. Some legislation will be you think is associated with terrorists So as the FBI deputy general counsel brought over from the House of Rep- but you cannot prove that, but you confirmed, it was the strength of resentatives that was not even consid- definitely have the probable cause to Moussaoui’s connection to the ered in a hearing in a Senate com- think there is an act of terror being Chechens, not a misunderstanding of mittee. That is the way at the end of planned and, therefore, you seek the whether they constituted a recognized the session a lot of legislation is dealt warrant. It would be authorized under foreign power for FISA purposes, as the with. There would be no reason for

VerDate 0ct 09 2002 02:37 Oct 16, 2002 Jkt 019060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G15OC6.065 S15PT1 October 15, 2002 CONGRESSIONAL RECORD — SENATE S10427 something such as this not to be dealt American lives. We would not be able don’t have time now to fool around with in the same way. to look at ourselves in the mirror if with this and go through the delays The second reason I submit is, we are something similar to this happened that sometimes accompany the consid- in a war. Certainly we should not put again and we had failed to make this eration of legislation toward the end of form above substance in these cir- change. It is certainly not a prepos- a session. I need to know who, if any- cumstances. If we all agree that it terous thought that it could happen. It one, really does have an objection so I makes sense to do what the FBI and has already happened. can meet with that individual and try the Justice Department and the intel- Our law enforcement community and to assure her or him that there is no ligence community are asking for—to intelligence community have told us problem with this piece of legislation. add three words to the FISA statute so this is a problem in today’s environ- It has been vetted by the administra- that we don’t have another case like ment. It is no longer the cold war, tion. The administration supports it. It the Moussaoui case, so that we are able where you were just dealing with the has the support of those who have tes- to look at the effects of someone who Soviet Union or the Red Brigade. You tified before our committees. The Of- we believe is engaged in terrorism are dealing now with people who have fice of Legal Counsel has confirmed against Americans or is planning to be very loose affiliations—if any at all— that the amendment is well within the engaged in it, even though we can’t but they are still terrorists. Our law Constitution. I will quote that in a mo- connect them yet to a specific terrorist didn’t contemplate that when it was ment. organization—if we believe that that is written. So now we have to fix the law. So if there is any objection, we need a good thing, then we should find the There is no reason not to make this to know what it is. We intend to in- very first legislative vehicle we can to change. Violate American civil rights? clude it in the Intelligence Committee attach this amendment in order to ef- No. By its definition, it only applies to authorization bill, and, obviously, that fect that change. foreign persons. It cannot possibly vio- is a bill that must pass the Senate and Time is very short. We will have to late the constitutional rights of any the House. We don’t want it to be held get it over to the House of Representa- American—by its definition, it cannot. up because of somebody’s concern tives, which will have to act in the Are we concerned about the constitu- about our particular amendment. same truncated fashion in order to tional rights of a non-American? With regard to this question of con- send the bill to the President. We can Now, non-Americans do have certain stitutionality, I direct your attention do that if it is part of the intelligence rights in this country, but they do not to a July 31, 2002, letter presenting the authorization conference report be- have the right of the fourth amend- views of the U.S. Department of Jus- cause both bodies can approve the leg- ment search and seizure prohibitions in tice on S. 2586. It announces the De- islation at the same time and have it the context of a statute such as the partment’s support for the bill and pro- sent to the President and signed in a FISA statute, which has been upheld as vides ‘‘a detailed analysis of the rel- matter of days. So this is the best op- constitutional. evant fourth amendment case law in portunity for us to do that—unless we So as long as there is the foreign support of the Department’s conclusion are going to put form over substance. nexus there, and you are not talking that the bill would satisfy constitu- Let me make this sober point. A lot about a U.S. citizen, again, it is impos- tional requirements.’’ of our colleagues have pointed fingers sible to be violating somebody’s rights. So there is no reason for anyone to at different people in the intelligence The warrant request still has to be object to the bill on constitutional community. They have criticized pro- made to a judge. The judge still has to grounds, and, obviously, I can see no cedures and policies of the intelligence sign off on it. You still have to have other grounds on which anyone would community, and by that I mean our the evidence backing up your belief raise any questions. The Department of law enforcement community has been that the individual is planning to or is Justice, in particular, emphasized that criticized, even by name. in the act of engaging in an act of ter- ‘‘anybody monitored pursuant to the It has been said there was a massive ror. So this isn’t just some two-bit bill would be someone who, at the very intelligence failure prior to September street criminal you are talking about. least, is involved in terrorist acts that 11. I am part of a joint investigative It has to be somebody on whom you transcend national boundaries in terms committee looking into the events have some evidence with respect to ter- of the means by which they are accom- from an Senate Intelligence Committee rorism. It has to be a foreign person. If plished, the persons they appear in- standpoint—events prior to September that person is in the United States, and tended to coerce or intimidate, or the 11—as a member of the Senate Intel- if the terrorist act is focused on Ameri- locale in which the perpetrators oper- ligence Committee. cans, then you should have the right ate or seek asylum’’—50 U.S.C., section Almost every one of us has spoken at under the FISA statute to look further. 1801(c)(3). one time or another about what we be- That is all this statute does. It en- As a result, the Department says: lieve were defects in the way our law ables you to go to a judge and say: A FISA warrant would still be limited to enforcement and intelligence commu- Judge, will you please issue a warrant collecting forward intelligence for the inter- nity approached events prior to Sep- so that we can open up this guy’s com- national responsibilities of the United States tember 11. There has been enough in- puter and see whether he really is en- and the duties of the Federal Government to formation uncovered by now to know gaged in an act of terrorism against the States in matters involving foreign ter- that things could have been done bet- American citizens? rorists. ter. A lot of different people could have That is what we are talking about, That is the test supplied by U.S. v. done better than they did. and it is all we are talking about. I just Duggan, a Second Circuit case, 1984, Could we have prevented September ask any Member of this body who dis- which presents the relevant test. 11? Nobody has gone that far. We could agrees with me to please come down Therefore: have come a lot closer. The Zacarias here, if not tonight, then tomorrow or The same interests and considerations that Moussaoui case is a good example of it. the next day or approach me in the support the constitutionality of FISA as it Today, we are in a situation where the hallway or call my office and tell me now stands would provide the constitutional Moussaoui kind of case could easily be why they would not support us. justification for S. 2568. replicated tomorrow. It could be the What I don’t want to happen is that Mr. President, I think there is no situation that is underway right now. there is some anonymous objection—a question of constitutionality, there is It could be that someone such as this so-called hold—put on the bill, so that no question of need, and there is no plans an attack and, God forbid, even I have to try to track down who it is question about the timing requirement carries out an attack, and later people who anonymously objects to what we that we act now. Therefore, I urge my are going to ask the question: What are trying to do. This is too important colleagues to support the Schumer-Kyl could we have done about that? for the sake of America’s security. legislation to enable us to include it as If we don’t find a way to make this By the way, I have no idea that any part of the authorization bill for our change now, in the last very few days one of my colleagues necessarily ob- Intelligence Committee. If there is any of this legislative session, we are going jects to what I am trying to accom- question about whether or not their to be passing up an opportunity to save plish. But what I am saying is that we support would be there, bring that to

VerDate 0ct 09 2002 02:37 Oct 16, 2002 Jkt 019060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G15OC6.068 S15PT1 S10428 CONGRESSIONAL RECORD — SENATE October 15, 2002 my attention at the earliest moment and (3) individuals who appear to be per- To wrap this up, there are three so that we won’t have an issue. sonally oriented toward terrorism but with words we would add to the FISA stat- I have assured Senator GRAHAM of whom there is no known connection to a for- ute: ‘‘or foreign person,’’ so that if you Florida, chairman of the Select Com- eign power. can prove the terrorist is either a ter- mittee on Intelligence, of my commit- Let me skip in the interest of time. rorist for an international terrorist or- ment to ensure that the authorization Agent Bowman goes on to say: ganization or is a terrorist for another bill is passed and not to allow anything During the decade-long Soviet/Afghan con- state, a country, or is acting for him- to interfere with that. At the same flict, anywhere from 10,000 to 25,000 Muslim self ‘‘or foreign person’’ are the words time, it seems to me our proposal here fighters representing some forty-three coun- we use—in other words, he is a ter- is so required, so commonsense, so tries put aside substantial cultural dif- rorist and a foreign person—any one of ferences to fight alongside each other in Af- those three circumstances enable you timely, that it is appropriate to in- ghanistan. The force drawing them together clude it in the legislation and that the was the Islamic concept of ‘‘umma’’ or Mus- to go to the judge and say: Here is our burden should be on someone who ob- lim community. In this concept, nationalism evidence that this individual is plan- jects to demonstrate to us why they is secondary to the Muslim community as a ning to engage in terrorism against object, if in fact they do. whole. As a result, Muslims from disparate people in the United States. Will you Mr. President, I ask unanimous con- cultures trained together, formed relation- give us a warrant to search his com- sent to print in the RECORD at the con- ships, sometimes assembled in groups that puter, to search his personal effects, clusion of my remarks two documents: otherwise would have been at odds with one his home, or to put a wiretap on his One is a Dear Colleague letter dated another and acquired common ideologies. telephone, whatever the case might be? ... September 26, 2002, that was sent by The judge will then make a decision Following the withdrawal of the Soviet under the law, whether it is authorized Senator SCHUMER and I to our col- forces in Afghanistan, many of these fighters leagues that describes in some detail S. returned to their homelands, but they re- or not. 2586; and the other document is a state- turned with new skills and dangerous ideas. If the court authorizes the issuance of the warrant, we can then look fur- ment for the RECORD of Marion E. They now had newly-acquired terrorist ‘‘Spike’’ Bowman, Deputy General training as guerrilla warfare was the only ther to determine what this individual is seeking to do. We may find out it is Counsel, the Federal Bureau of Inves- way they could combat the more advanced Soviet forces. an innocent situation or we may find tigation, in testimony before the Sen- out that the individual is just acting ate Select Committee on Intelligence, These are the forces that after the on his own but is a radical terrorist July 31, 2002. Soviets were defeated in Afghanistan meaning to do harm to Americans or The PRESIDING OFFICER. Without became a force that coalesced around, we may find, as in the case of Zacarias objection, it is so ordered. among others, Osama bin Laden, but (See exhibit 1.) not all of them associated specifically Moussaoui, that it turns out he is en- Mr. KYL. Mr. President, let me note with Bin Laden. I quote further: gaged as part of an international con- a little bit what the second document Information from a variety of sources re- spiracy with a specific organization, in is, and then I will conclude. What the peatedly carries the theme from Islamic this case al-Qaida, but we do not know Deputy General Counsel of the FBI tes- radicals that expresses the opinion that we that and cannot prove it going in. That tified before our committee was how just don’t get it. Terrorists world-wide speak is why the change we seek is so crit- terrorism has changed from the time of jihad and wonder why the western world is ical. focused on groups rather than on concepts the FISA statute was first enacted to I ask my colleagues to support the that make them a community. inclusion of this amendment as part of what we see today. Let me quote a lit- This is the way we have organized the authorization bill for the intel- tle bit from his statement: our statutes. What he is telling us is we ligence community, and if there is any When FISA was enacted, terrorism was problem that anybody sees, to bring it very different from what we see today. In the are not seeing it the way our enemies 1970s, terrorism more often targeted individ- see it. They do not organize in groups. to our attention so we can deal with uals, often carefully selected. This was the They do not have membership cards that prior to that bill coming to the usual pattern of the Japanese Red Army, the that say they are a member of al- floor because we do not want to slow Red Brigades and similar organizations list- Qaida. They have coalesced around an that bill down or stop it from being ed by name in the legislative history of idea, not a group. considered favorably on the Senate FISA. Today we see terrorism far more le- The agent concludes this way: floor. thal and far more indiscriminate than could The lesson to be taken from this is that al- Mr. President, I urge my colleagues have been imagined in 1978. It takes only the Qaida is far less a large organization than a to support our amendment. It is for the events of September 11, 2001, to fully com- facilitator, sometimes orchestrator of Is- good of the country, for our national prehend the difference of a couple of decades. lamic militants around the globe. These security, and I say this in conclusion: But there is another difference as well. militants are linked by ideas and goals, not If we fail to do this and it was our fault Where we once saw terrorism formed solely by organizational structure. around organized groups, today we often see that someone utilized our legal system individuals willing to commit indiscriminate He concludes by saying: to plan an act of terror against Ameri- acts of terror. It may be that these individ- The United States and its allies, to include cans, and Americans are killed or in- uals are affiliated with groups we do not see, law enforcement and intelligence compo- jured as a result of our failure, then we but it may be that they are simply radicals nents world-wide have had an impact on the would have nobody but ourselves to who desire to bring about destruction. terrorists, but they are adapting to changing blame. Mr. President, he goes on then to re- circumstances. Speaking solely from an I am going to try as hard as I can to late that to the legislation that Sen- operational perspective, investigation of get this done, but anyone who stands in these individuals who have no clear connec- ator SCHUMER and I introduced. Let me the way is going to have to stand action to organized terrorism, or tenuous ties quote a little more. What he says is: countable if, God forbid, something to multiple organizations, is becoming in- should happen and we are unable to get . . . we are increasingly seeing terrorist creasingly difficult. suspects who appear to operate at a distance The current FISA statute has served the this accomplished before we close our from these organizations. In perhaps an over- nation well, but the International Jihad session. simplification, but illustrative nevertheless, Movement demonstrates the need to consider I urge my colleagues to please sup- what we see today are (1) agents of foreign whether a different formulation is needed to port Senator SCHUMER and me in ensur- powers in the traditional sense who are asso- address the contemporary terrorist problem. ing we can get this important amend- ciated with some organization or discernible That is the end of that quotation, Mr. ment accomplished before we adjourn group (2) individuals who appear to have con- for the year. nections with multiple terrorist organiza- President. Of course, he and others rep- EXHIBIT 1 tions but who do not appear to owe alle- resenting the Department of Justice giance to any one of them, but rather owe al- went on to specifically endorse the U.S. SENATE, legiance to the International Jihad move- Schumer-Kyl legislation to bring our COMMITTEE ON THE JUDICIARY, ment—— current FISA statute up to date to con- Washington, DC, September 26, 2002. DEAR COLLEAGUE: We have introduced S. Parenthetically, Mr. President, form to this new challenge about which 2586—the Schumer/Kyl ‘‘Moussaoui excep- which is not a terrorist organiza- Agent Bowan testified. That is the tion’’ bill—as an amendment to the Home- tion—— change we are trying to make. land Security bill. S. 2586 would amend the

VerDate 0ct 09 2002 02:37 Oct 16, 2002 Jkt 019060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G15OC6.078 S15PT1 October 15, 2002 CONGRESSIONAL RECORD — SENATE S10429 Foreign Intelligence Surveillance Act (FISA) received a criminal warrant to search Surveillance Act of 1978 (‘FISA’) to reach in- to reach any foreign visitor to the United Moussaoui. Among other things, the infor- dividuals other than United States persons States who is believed to be involved in mation in his effects linked Moussaoui to who engage in international terrorism with- international terrorism, regardless of wheth- two of the actual hijackers, and to a high- out affiliation with an international ter- er that person is known to be an agent of a level organizer of the attacks who was re- rorist group.’’ foreign government or terror group. The bill cently arrested in Pakistan. Additionally, we understand that a ques- is designed to make it easier for the FBI to No one can say whether this information tion has arisen as to whether S. 2586 would monitor suspected lone-wolf terrorists such would have allowed the FBI to stop the Sep- satisfy constitutional requirements. We be- as alleged 20th hijacker Zaccarias tember 11 conspiracy. But all must agree lieve that it would. Moussaoui. that the FBI should have access to this in- FISA allows a specially designated court The Senate Select Committee on Intel- formation. Once U.S. agents had evidence to issue an order approving an electronic ligence held a hearing on S. 2586 on July 31, that Moussaoui was involved in inter- surveillance or physical search, where a sig- 2002. The Department of Justice has endorsed national terrorism, the full tools of FISA nificant purpose of the surveillance or search the bill in a Statement of Administration should have been available to them—regard- is ‘‘to obtain foreign intelligence informa- Policy, which we have attached for your re- less of whether Moussaoui could be linked to tion.’’ Id §§ 1804(a)(7)(B), 1805(a). Given this view. Below is our explanation of the work- a particular group. Instead, this outdated purpose, the court makes a determination ings of the bill and an examination of those and unnecessary requirement blocked U.S. about probable cause that differs in some re- facts that we believe show that this change intelligence agents from pursuing their best spects from the determination ordinarily un- is necessary. We hope that you will join us in lead on the eve of the September 11 attacks. derlying a search warrant. The court need supporting this important legislation. Indeed, according to FBI Director Mueller, not find that there is probable cause to be- The Foreign Intelligence Surveillance Act the current standard probably would have lieve that the surveillance or search, in fact, requires that in order for a warrant to issue prevented the FBI from using FISA against will lead to foreign intelligence information, under that law, a court must find probable any of the September 11 hijackers. As the Di- let alone evidence of a crime, and in many cause to believe that the target of the war- rector noted in his testimony before the Ju- rant is either an agent of, or is himself, a instances need not find probable cause to be- diciary Committee earlier this year, ‘‘prior ‘‘foreign power’’—a term that is currently lieve that the target has committed a crimi- to September 11, [of] the 19 or 20 hijackers, * defined to only include foreign governments nal act. The court instead determines, in the * * we had very little information as to any or international terrorist organizations. Re- case of electronic surveillance, whether one of the individuals being associated with quiring a link to governments or established there is probable cause to believe that ‘‘the * * * * a particular terrorist group.’’ organizations may have made sense when target of the electronic surveillance is a for- Several congressional Committees have FISA was enacted in 1978; in that year, the eign power or an agent of a foreign power,’’ now conducted investigations and held hear- prototypical FISA target was a Soviet spy or id. § 1805(a)(3)(A), and that each of the places ings examining why our intelligence services a member of one of the hierarchical, mili- at which the surveillance is directed ‘‘is failed to prevent the September attacks. tary-style terror groups of that era, such as being used, or about to be used, by a foreign Those hearings and investigations uncovered West Germany’s Baader-Meinhof gang or the power or an agent of a foreign power,’’ id. a substantial defect in the current law—a de- Red Army Faction. Today, however, the § 1805(a)(3)(B). The court makes parallel defect that may have prevented the United United States faces a much different threat. terminations in the case of a physical States from stopping that conspiracy, and is We are principally confronted not by a spe- search. Id. § 1824(a)(3) (A), (B). cific group or government, but by a move- likely to hinder future investigations. Sim- The terms ‘‘foreign power’’ and ‘‘agent of a ment. This movement—of Islamist extrem- ply put, our laws are no longer suited to the foreign power’’ are defined at some length, ists—does not maintain a fixed structure or type of threat that we face. It is now incum- id. § 1801(a), (b), and specific parts of the defi- membership list, and its adherents do not al- bent on Congress to act on what it has nitions are especially applicable to surveil- ways advertise their affiliation with this learned. lances or searches aimed at collecting intel- We hope that you will join us in supporting cause. ligence about terrorism. As currently de- S. 2586 will help the United States to meet our ‘‘Moussaoui fix’’ amendment to the fined, ‘‘foreign power’’ includes ‘‘a group en- this threat by expanding FISA’s definition of Homeland Security bill, should a roll call gaged in international terrorism or activi- ‘‘foreign power.’’ In addition to governments vote on that amendment be required. ties in preparation therefor,’’ id. § 1801(a)(4) and organized groups, that term, under the If you have any questions, please contact (emphasis added), and an ‘‘agent of a foreign bill, would also include ‘‘any person, other Jim Flood in Senator Schumer’s office at 4– power’’ includes any person who ‘‘knowingly than a United States person, or group that is 7425 or Joe Matal in Senator Kyl’s office at engages in sabotage or international ter- engaged in international terrorism or activi- 4–6791. rorism or activities that are in preparation ties in preparation therefor.’’ With this Sincerely, therefor, for or on behalf of a foreign power,’’ change, U.S. intelligence agents would be CHARLES SCHUMER. id. § 1801(b)(2)(C). ‘‘International terrorism’’ able to secure a FISA warrant to monitor a JON KYL. is defined to mean activities that foreign visitor to the United States who is (1) involve violent acts or acts dangerous involved in international terrorism—even if U.S. DEPARTMENT OF JUSTICE, to human life that are a violation of the his links to foreign government or known OFFICE OF LEGISLATIVE AFFAIRS, criminal laws of the United States or of any terror groups remain obscure. Washington, DC, July 31, 2002. State, or that would be a criminal violation The role of the foreign-power requirement Hon. BOB GRAHAM, if committed within the justification of the in obstructing pre-September 11 investiga- Chairman, Select Committee on Intelligence, United States or any State; tions of Zaccarias Moussaoui was confirmed U.S. Senate, Washington, DC. (2) appear to be intended— in dramatic testimony before the House and Hon. RICHARD C. SHELBY, (A) to intimidate or coerce a civilian popu- Senate Intelligence Committees on Tuesday Vice-Chairman, Select Committee on Intel- lation; of this week. An agent from the Minneapolis ligence, U.S. Senate, Washington, DC. (B) to influence the policy of a government FBI office described to the Committees how DEAR MR. CHAIRMAN AND MR. VICE CHAIR- by intimidation or coercion; or that office opened an investigation of MAN: The letter presents the views of the (C) to affect the conduct of a government Moussaoui on August 15, 2001. Minneapolis Justice Department on S. 2586, a bill ‘‘[t]o by assassination or kidnapping; and agents arrested Moussaoui on immigration exclude United States persons from the defi- (3) occur totally outside the United States, charges and applied for a FISA warrant to nition of ‘foreign power’ under the Foreign or transcend national boundaries in terms of search his belongings. But as the FBI’s Dep- Intelligence Surveillance Act of 1978 relating the means by which they are accomplished, uty General Counsel stated on Tuesday be- to international terrorism.’’ The bill would the persons they appear intended to coerce fore the Committees, although Moussaoui extend the coverage of the Foreign Intel- or intimidate, or the locale in which their was found to have some associations with ligence Surveillance Act (‘‘FISA’’) to indi- perpetrators operate or seek asylum. Chechen terrorists, the evidence was inad- viduals who engage in international ter- Id. § 1801(c). equate to show that he served as an agent of rorism or activities in preparation therefor S. 2586 would expand the definition of ‘‘for- that group—or that he had any links to Al without a showing of membership in or affili- eign power’’ to reach persons who are in- Qaeda. (Thus, as the FBI’s Deputy General ation with an international terrorist group. volved in activities defined as ‘‘international Counsel has confirmed, it was the strength of The bill would limit this type of coverage to terrorism,’’ even if these persons cannot be Moussaoui’s connection to the Chechens— non-United States persons. The Department shown to be agents of a ‘‘group’’ engaged in not a ‘‘misunderstanding’’ of whether the of Justice supports S. 2586. international terrorism. To achieve this ex- Chechens constitute a ‘‘recognized’’ foreign We note that the proposed title of the bill pansion, the bill would add the following power for FISA purposes, as yesterday’s is potentially misleading. The current title italicized words to the current definition of Washington Post story suggested—that ulti- is ‘‘To exclude United States persons from ‘‘foreign power’’: ‘‘any person other than a mately prevented the issuance of a warrant.) the definition of ‘foreign power’ under the United States person who is, or a group that is, As a result, for three weeks prior to the Sep- Foreign Intelligence Surveillance Act of 1978 engaged in international terrorism or activi- tember 11 attacks, the FBI was unable to relating to international terrorism.’’ A bet- ties in preparation therefor.’’ search Moussaoui’s computer or his papers. ter title, in keeping with the function of the The courts repeatedly have upheld the con- After the Trade Center and Pentagon at- bill, would be something along the following stitutionality, under the Fourth Amend- tacks—and largely because of them—the FBI lines: ‘‘To expand the Foreign Intelligence ment, of the FISA provisions that permit

VerDate 0ct 09 2002 02:37 Oct 16, 2002 Jkt 019060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\A15OC6.044 S15PT1 S10430 CONGRESSIONAL RECORD — SENATE October 15, 2002 issuance of an order based on probable cause power’’ from the definition approved by the Amendment is whether they are ‘‘reason- to believe that the target of a surveillance or courts as the basis for a determination of able.’’ As the Supreme Court has discussed in search is a foreign power or agent of a for- probable cause under FISA as now written. the context of ‘‘special needs cases,’’ whether eign power. The question posed by S. 2586 According to this argument, because the pro- a search is reasonable depends on whether would be whether the reasoning of those posed definition would require no tie to a the government’s interests outweigh any in- cases precludes expansion of the term ‘‘for- terrorist group, it would improperly allow trusion into individual privacy interests. In eign power’’ to include individual inter- the use of FISA where an ordinary probable light of the efforts of international terrorists national terrorists who are unconnected to a cause determination would be feasible and to obtain weapons of mass destruction, it terrorist group. appropriate—where a court could look at the does not seem debatable that we could suffer The Second Circuit’s decision in United activities of a single individual without hav- terrible injury at the hands of a terrorist States v. Duggan, 743 F. 2d 59 (2d Cir. 1984), ing to assess ‘‘the interrelation of various whose ties to an identified ‘‘group’’ remained sets out the fullest explanation of the ‘‘gov- sources and types of information,’’ see Keith, obscure. Even in the criminal context, the ernmental concerns’’ that had led to the en- 407 U.S. at 322, or relationships with foreign- Court has recognized the need for flexibility actment of the procedures in FISA. To iden- based groups, see Duggan, 743 F.2d at 73; is cases of terrorism. See Indianapolis v. Ed- tify these concerns, the court first quoted where there need to be no inexactitude in the mond, 531 U.S. 32, 44 (2000) (‘‘the Fourth from the Supreme Court’s decision in United target or focus of the surveillance, see Keith, Amendment would almost certainly permit States v. United States District Court, 407 U.S. 407 U.S. at 322; and where the international an appropriately tailored roadblock set up to 297, 308 (1972) (‘‘Keith’’), which addressed activities of the United States are less likely thwart an imminent terrorist attack’’). Con- ‘‘domestic national security surveillance’’ to be implicated, see Duggan, 743 F.2d at 73. gress could legitimately judge that even a rather than surveillance of foreign powers However, we believe that this argument single international terrorist, who intends and their agents, but which specified the par- would not be well-founded. ‘‘to intimidate or coerce a civilian popu- ticular difficulties in gathering ‘‘security in- The expanded definition shall would be lation’’ or ‘‘to influence the policy of a gov- telligence’’ that might justify departures limited to collecting foreign intelligence for ernment by intimidation or coercion’’ or ‘‘to from the usual standards for warrants: the ‘‘international responsibilities of the affect the conduct of a government by assas- ‘‘[Such intelligence gathering] is often long United States, [and] the duties of the Fed- sination or kidnapping,’’ 50 U.S.C. § 1801(c)(2), range and involves the interrelation of var- eral Government to the States in matters in- acts with the power of a full terrorist group ious sources and types of information. The volving foreign terrorism.’’ Id. at 73 (quoting or foreign nation and should be treated as a exact targets of such surveillance may be Senate Report at 14). The individuals covered ‘‘foreign power’’ subject to the procedures of more difficult to identify than in surveil- by S. 2586 would not be United States per- FISA rather than those applicable to war- lance operations against many types of sons, and the ‘‘international terrorism’’ in rants in criminal cases. crime specified in Title III [dealing with which they would be involved would con- Thank you for the opportunity to present electronic surveillance in ordinary criminal tinue to ‘‘occur totally outside the United our views. Please do not hesitate to call cases]. Often, too, the emphasis of domestic States, to transcend national boundaries in upon us if we may be additional assistance. intelligence gathering is on the prevention terms of the means by which they are ac- The Office of Management and Budget has of unlawful activity or the enhancement of complished, the persons they appear in- advised us that from the perspective of the the government’s preparedness for some pos- tended to coerce or intimidate, or the locale Administration’s program, there is no objec- sible future crisis or emergency. Thus the in which their perpetrators operate or seek tion to submission of this letter. focus of domestic surveillance may be less asylum.’’ 50 U.S.C. § 1801(c)(3). These cir- Sincerely, precise than that directed against more con- cumstances would implicate the ‘‘difficulties DANIEL J. BRYANT, ventional types of crime.’’ , 743 F.2d of investigating activities planned, directed, Duggan Assistant Attorney General. at 72 (quoting Keith, 407 U.S. at 322). The Sec- and supported from abroad,’’ just as current ond Circuit then quoted a portion of the Sen- law implicates such difficulties in the case of STATEMENT FOR THE RECORD OF MARION E. ate Committee Report on FISA. ‘‘[The] rea- foreign intelligence services and foreign- (SPIKE) BOWMAN, DEPUTY GENERAL COUN- sonableness [of FISA procedures] depends, in based terrorist groups. Duggan, 743 F.2d at 73 SEL, FEDERAL BUREAU OF INVESTIGATION, part, upon an assessment of the difficulties (quoting Senate Report at 14). To overcome BEFORE THE SENATE SELECT COMMITTEE ON of investigating activities planned, directed, those difficulties, a foreign intelligence in- INTELLIGENCE, JULY 31, 2002 and supported from abroad by foreign intel- vestigation ‘‘often [will be] long range and ligence services and foreign-based terrorist involved[] the interrelation of various Mr. Chairman and members of the Com- groups. . . Other factors include the inter- sources and types of information.’’ Id. at 72 mittee, thank you for inviting me here today national responsibilities of the United (quoting Keith, 407 U.S. at 322). This informa- to testify on the legislative proposals con- States, the duties of the Federal Government tion frequently will require special handling, cerning the Foreign Intelligence Surveil- to the States in matters involving foreign as under the procedures of the FISA court, lance Act (FISA). Holding this hearing dem- terrorism, and the need to maintain the se- because of ‘‘the need to maintain the secrecy onstrates your collective and individual crecy of lawful counterintelligence sources of lawful counterintelligence sources and commitment to improving the security of and methods.’’ Id. at 73 (quoting S. Rep. No. methods.’’ Id. at 73 (quoting Keith, 407 U.S. at our Nation. The Federal Bureau of Investiga- 95–701, at 14–15, reprinted in 1978 322). Furthermore, because in foreign intel- tion greatly appreciates your leadership, and (U.S.C.C.A.N. 3973, 3983) (‘‘Senate Report’’). ligence investigations under the expanded that of your colleagues in other committees The court concluded: definition ‘‘[o]ften . . . the emphasis . . . on this very important topic. ‘‘Against this background, [FISA] requires [will be] on the prevention of unlawful activ- The Foreign Intelligence Surveillance Act that the FISA Judge find probable cause to ity or the enhancement of the government’s was written more than two decades ago. believe that the target is a foreign power or preparedness for some possible future crisis When adopted, the Act brought a degree of an agent of a foreign power, and that the or emergency,’’ the ‘‘focus of . . . surveil- closure to fifty years of discussion con- place at which the surveillance is to be di- lance may be less precise than that directed cerning constitutional limits on the Presi- rected is being used or is about to be used by against more conventional types of crime.’’ dent’s power to order electronic surveillance a foreign power or an agent of a foreign Id. at 73 (quoting Keith, 407 U.S. at 322). for national security purposes. A subsequent power; and it requires him to find that the Therefore, the same interests and consider- amendment brought physical search under application meets the requirements of ations that support the constitutionality of the Act. In keeping with our standards of [FISA]. These requirements make it reason- FISA as it now stands would provide the con- public governance, the proposals for the Act able to dispense with a requirement that the stitutional justification for the S. 2586. were publicly debated over a substantial pe- FISA Judge find probable cause to believe Indeed, S. 2586 would add only a modest in- riod of time, compromises were reached and that surveillance will in fact lead to the crement to the existing coverage of the stat- a statute eventually adopted. In the final gathering of foreign intelligence informa- ute. As the House Committee Report on analysis the standards governing when and tion.’’ FISA suggested, a ‘‘group’ of terrorist cov- how foreign intelligence surveillance or Id. at 73. The court added that, a fortiori, it ered by current law might be as small as two search would be conducted was a political ‘‘reject[ed] defendants’ argument that a or three persons. H.R. Rep. No. 95–1283, at pt. one because it involved weighting of impor- FISA order may not be issued consisted with 1, 74 and n. 38 (1978). The interest that the tant public policy concerns surrounding both the requirements of the Fourth Amendment courts have found to justify the procedures personal liberty and national security. That unless there is a showing of probable cause of FISA are not likely to differ appreciably is how it should be. to believe the target has committed a as between a case involving such a group of In the intervening years FISA has proved crime.’’ Id. at n.5. See also, e.g., United States two or three persons and a case involving a its worth on countless occasions in pre- v. Pelton, 835 F.2d 1067, 1075 (4th Cir. 1987); single terrorist. venting the occurrence or the continuation United States v. Cavanagh, 807 F.2d 787, 790–91 The events of the past few months point to of harm to the national security. It has been (9th Cir. 1987) (per then-Circuit Judge Ken- one other consideration on which courts a very effective tool and time has proved nedy); United States v. Nicholson, 955 F. Supp. have not relied previously in upholding FISA that this cooperative effort of the three 588, 590-91 (E.D. Va. 1997). procedures—the extraordinary level of harm branches of government can serve to protect We can conceive of a possible argument for that an international terrorist can do to our the public without eroding civil liberties. In- distinguishing, under the Fourth Amend- Nation. The touchstone for the constitu- deed, the legislative history shows that Con- ment, the proposed definition of ‘‘foreign tionality of searches under the Fourth gress intended that the Executive Branch

VerDate 0ct 09 2002 04:02 Oct 16, 2002 Jkt 019060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\A15OC6.046 S15PT1 October 15, 2002 CONGRESSIONAL RECORD — SENATE S10431 keep a focus on civil liberties by giving great gained prominence on a global scale—Usama significant as it was the first public call for care and scrutiny every application before it Bin Liden. attacks on Americans, both civilian and is presented to a judge. We believe that in- Following the withdrawal of the Soviet military, and because it reflected a unified tent has been fulfilled. The fact that an Arti- forces from Afghanistan, many of these position among recognized leaders in the cle III judge is the final arbiter of compli- fighters returned to their homelands, but radical Sunni Islamic community. In es- ance serves to give additional confidence to they returned with new skills and dangerous sence, the fatwa reflected the globalization the public that the intent of the statute is ideas. They now had newly-acquired terrorist of radical Islam. fulfilled. training as guerrilla warfare was the only There is a terrorist network of extremists When FISA was enacted, terrorism was way they could combat the more advanced that has been evolving in the murky terrain very different from what we see today. In the Soviet forces. They also returned with new of Southwest Asia that uses its extremist 1970s, terrorism more often targeted individ- concepts of community that had little to do views of Islam to justify terrorism. His orga- uals, often carefully selected. This was the with nationalism. Those concepts of commu- nization, al Qaeda is but one example of this usual pattern of the Japanese Red Army, the nity fed naturally into opposition to the network. Red Brigades and similar organizations list- adoption, and toleration, of western culture. AL QAEDA ed by name in the legislative history of As a result, many of the Arab-Afghan return- Although Al-Qaeda functions independent FISA. Today we see terrorism as far more le- ees united, or reunited, with indigenous rad- of other terrorist organizations, it also func- thal and far more indiscriminate than could ical Islamic groups they had left behind tions through some of the terrorist organiza- have been imagined in 1978. It takes only the when they went to Afghanistan. These Arab- tions that operate under its umbrella or with events of September 11, 2001 to fully com- Afghan mujahedin, equipped with extensive its support, including: the Al-Jihad, the Al- prehend the difference of a couple of decades. weapons and explosives training, infused Gamma Al-Islamiyya (Islamic Group—led by But there is another difference as well. radicals and already established terrorist Sheik Omar Abdel Rahman and later by Where we once saw terrorism formed solely groups, resulting in the creation of signifi- Ahmed Refai Taha, a/k/a ‘‘Abu Yasser al around organized groups, today we often see cantly better trained and more highly moti- Masri,’’), Egyptian Islamic Jihad, and a individuals willing to commit indiscriminate vated cells dedicated to jihad. number of jihad groups in other countries, acts of terror. It may be that these individ- Feeding the radical element was the social including the Sudan, Egypt, Saudi Arabia, uals are affiliated with groups we do not see, fact that this occurred in nations where Yemen, Somalia, Eritrea, Djibouti, Afghani- but it may be that they are simply radicals there was widespread poverty and unemploy- stan, Pakistan, Bosnia, Croatia, Albania, Al- who desire to bring about destruction. That ment. The success of the Arab intervention geria, Tunisia, Lebanon, the Philippines, brings us to the legislation being considered in Afghanistan was readily apparent, so Tajikistan, Azerbaijan, the Kashmiri region today. when the Arab-Afghan returnees came home of India, and the Chechen region of Russia. The FBI uses investigative tools to try to they discovered populations of young Mus- Al-Qaeda also maintained cells and per- prevent acts of terrorism wherever we can, lims who increasingly were ready and even sonnel in a number of countries to facilitate but particularly to prevent terrorism di- eager to view radical Islam as the only via- its activities, including in Kenya, Tanzania, rected at Americans or American interests. ble means of improving conditions in their the United Kingdom, Canada, and the United Most of our investigations occur within the countries. Seizing on widespread dissatisfac- States. By banding together, Al-Qaeda pro- United States and, for the most part, focus tion with regimes that were brimming with posed to work together against the perceived on individuals. Historically, terrorism sub- un-Islamic ways, regimes that hosted foreign common enemies in the West—particularly jects of FBI investigation have been associ- business and foreign military, many young the United States which Al-Qaeda regards as ated with terrorist organizations. As a re- Muslim males became eager to adopt the an ‘‘infidel’’ state which provides essential sult, FBI has usually been able to associate successful terrorist-related activities that support for other ‘‘infidel’’ governments. Al- an individual with a terrorist organization had been successfully used in Afghanistan in Qaeda responded to the presence of United pled, for FISA purposes, as a foreign power. the name of Islam. It was only a matter of States armed forces in the Gulf and the ar- To a substantial extent, that remains true time before these young Muslin males began rest, conviction and imprisonment in the today. However, we are increasingly seeing to seek out the military and explosives United States of persons belonging to Al- terrorist suspects who appear to operate at a training that the Arab-Afghan returnees pos- Qaeda by issuing fatwas indicating that at- distance from these organizations. In per- sessed. tacks against U.S. interests, domestic and haps an oversimplification, but illustrative USAMA BIN LADEN foreign, civilian and military, were both nevertheless, what we see today are (1) Usama bin Laden gained prominence dur- proper and necessary. Those fatwas resulted agents of foreign powers in the traditional ing the Afghan war in large measure for his in attacks against U.S. nationals in loca- sense who are associated with some organi- logistical support to the resistance. He fi- tions around the world including Somalia, zation or discernible group, (2) individuals nanced recruitment, transportation and Kenya, Tanzania, Yemen, and now in the who appear to have connections with mul- training of Arab nations who volunteered to United States. Since 1993, thousands of peo- tiple terrorist organizations but who do not fight alongside the Afghan mujahedin. The ple have died in those attacks. appear to owe allegiance to any one of them, Afghan war was clearly a defining experience THE TRAINING CAMPS but rather owe allegiance to the inter- in his life. In a May, 1996 interview with With the globalization of radical Islam national Jihad movement and (3) individuals Time Magazine, UBL stated: ‘‘in our religion now well begun, the next task was gain ad- who appear to be personally oriented toward there is a special place in the hereafter for herents and promote international jihad. A terrorism but with whom there is no known those who participate in jihad. One day in major tool selected for this purpose was the connection to a foreign power. Afghanistan was like 1,000 days in an ordi- promotion of terrorism training camps that This phenomenon, which we have seen to nary mosque.’’ had long been established in Afghanistan. It be growing for the past two or three years, Although bin Laden was merely one leader is important to note, that while terrorist ad- appears to stem from a social movement among many during the Soviet-Afghan con- herents to what we have come to know as al that began at some imprecise time, but cer- flict, he was a wealthy Saudi who fought Qaeda trained in the camps, many others did tainly more than a decade ago. It is a global alongside the mujahedin. In consequence, his as well. For example, according to the con- phenomenon which the FBI refers to as the statute with the fighters was high during the victed terrorist Ahmed Ressam, representa- International Jihad Movement. By way of war and he continued to rise in prominence tives of the Algerian Armed Islamic Group background we believe we can see the con- such that, by 1998, he was able to announce (GIA) and its off-shoot the Salafi Groups for temporary development of this movement, a ‘‘fatwa’’ (religious ruling) that would be re- Call and Combat (GSPC), HAMAS, Hizballah, and its focus on terrorism, rooted in the So- spected by far-flung Islamic radicals. In the Egyptian Islamic Jihad (EIJ) and various viet invasion of Afghanistan. short, he stated that it is the duty of all other terrorists trained at the camps. BACKGROUND Muslims to kill Americans: ‘‘in compliance Ressam also reports that cells were During the decade-long Soviet/Afghan con- with God’s order, we issue the following formed, dependent, in part, on the timing of flict, anywhere from 10,000 to 25,000 Muslim fatwa to all Muslims: the ruling to kill the the arrival of the trainees, rather than on fighters representing some forty-three coun- Americans and their allies, including civil- any cohesive or pre-existing organizational tries put aside substantial cultural dif- ians and military, is the individual duty for structure. As part of the training, cleric and ferences to fight alongside each other in Af- every Muslim who can do it in any country other authority figures advised the cells of ghanistan. The force drawing them together in which it is possible to do it.’’ the targets that are deemed valid and proper. was the Islamic concept of ‘‘umma’’ or Mus- Bin Laden was not alone in issuing this The training they received included placing lim community. In this concept, nationalism fatwa. It was signed as well by a coalition of bombs in airports, attacks against U.S. mili- is secondary to the Muslim community as a leading Islamic militants to include Ayman tary installations, U.S. warships, embassies whole. As a result, Muslims from disparate Al-Zawahiri (at the time the leader of the and business interests of the United States cultures trained together, formed relation- Egyptian Islamic Jihad), Abu Yasr Rifa’i and Israel. Specifically included were hotels ships, sometimes assembled in groups that Ahmad Taha (Islamic Group leader) and holding conferences of VIPs, military bar- otherwise would have been at odds with one Sheikh Fazl Ur Rahman (Harakat Ul Ansar racks, petroleum targets and information/ another and acquired common ideologies. leader). The fawa was issued under the name technology centers. As part of the training, They were also influenced by radical spir- of the International Islamic Front for Jihad scenarios were developed that included all of itual and temporal leaders, one of whom has on the Jews and Christians. This fawa was these targets.

VerDate 0ct 09 2002 02:37 Oct 16, 2002 Jkt 019060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\A15OC6.048 S15PT1 S10432 CONGRESSIONAL RECORD — SENATE October 15, 2002 Ressam, who a not a member of al Qaeda, a creature of the modern world. He has ager responsible for reviewing judicial has stated that the cells were independent, spawned a global network of individuals with appointments in the Office of Policy but were given lists of the types of targets common, radical ideas, kept alive through Development. she has made great that were approved and were initiated into modern communications and sustained strides to ensure United States judges the doctrine of the international Jihad. through forged documents and money laun- Ressam explicitly noted that his own ter- dering activities on a global scale. While are fairly appointed to the bench, and I rorism attack did not have bin Laden’s bless- some may consider extremist Islam to be in am honored to have had the oppor- ing or his money, but he believed it would retreat at the moment, its roots run deep tunity to work so closely with here. have been given had he asked for it. He did and exceedingly wide. Those roots take The Department of Justice is a better state that bin Laden urged more operations many forms, one of which is the focus of this organization because of Mrs. Joy’s hard within the United States. hearing. work, and she can take great pride in THE INTERNATIONAL JIHAD In the final analysis, the International all she has accomplished during her We believe the suicide hijackers of Sep- Jihad movement is comprised of dedicated tenure. She is to be commended for her tember 11, 2001 acted in support of the 1998 individuals committed to establishing the umma through terrorist means. Many of integrity, dedication, and fairness in fatwa which, in turn describes what we be- reviewing judicial appointments. Mrs. lieve is the international jihad. During 1997 these are persons who attended university together, trained in the camps together, Joy has been an outstanding model of UBL described the ‘‘international jihad’’ as excellence to the numerous men and follows: traveled together. Al Qaeda and the inter- ‘‘The influence of the Afghan jihad on the national terrorists remain focused on the women she has worked with during her Islamic world was so great and it neces- United States as their primary target. The thirty five years with the Department sitates that people should rise above many of United States and its allies, to include law of Justice, and I am certain she will their differences and unite their efforts enforcement and intelligence components continue to set a fine example for oth- worldwide have had an impact on the terror- against their enemy. Today, the nation is ers to follow as she continues her ca- interacting well by uniting their efforts ists, but they are adapting to changing circumstances. Speaking solely from an oper- reer. She is an excellent asset to the through jihad against the U.S. which has in American justice system, and I applaud collaboration with the Israeli government ational perspective, investigation of these led the ferocious campaign against the Is- individuals who have no clear connection to her for the positive impact she had lamic world in occupying the holy sites of organized terrorism, or tenuous ties to mul- made. the Muslims. . . . [A]ny act of aggression tiple organizations, is becoming increasingly It has been a privilege to have against any of this land of a span of the hand difficult. worked with such an outstanding lady. measure makes it a duty for Muslims to send The current FISA statute has served the Again, I want to thank Mrs. Joy for all a sufficient number of their sons to fight off nation well, but the International Jihad of her tireless efforts and for the that aggression.’’ Movement demonstrates the need to consider whether a different formulation is needed to friendship she has provided me during In May of 1988, UBL gave an interview in our many years of working together. I which he stated ‘‘God willing, you will see address the contemporary terrorism prob- our work on the news. . . .’’ The following lem. While I cannot discuss specific cases in wish Mrs. Joy and her three lovely August the East African embassy bombings a public hearing, the FBI has encountered in- children the best of luck in all future occurred. That was bin Laden speaking, but dividuals who cannot be sufficiently linked endeavors, and may the years to come it should be remembered that the call to to a terrorist group or organization as re- bring good health and happiness. quired by FISA. The FBI greatly appreciates harm America is not limited to al Qaeda. f Shortly after September 11 Mullah Omar the Committee’s consideration of this issue said ‘‘the plan [to destroy America] is going and looks forward to working with the Com- MASSACHUSETTS MEMORIAL ahead and God willing it is being imple- mittee to find the best approach for appro- SERVICE priate investigation of such individuals. mented. . . .’’ Sheikh Ikrama Sabri, a Pales- Mr. KENNEDY. Mr. President, I am tinian Mufti, said in a radio sermon in 1997, Mr. KYL. Mr. President, I suggest the honored to join all of you, the families ‘‘Oh Allah, destroy America, her agents, and absence of a quorum. of loved ones from across our Common- her allies! Cast them into their own traps, The PRESIDING OFFICER. The and cover the White House with black! ’’ Ali wealth who lost their lives last Sep- clerk will call the roll. tember 11. Khameine’i, in 1998, said ‘‘The American re- The assistant legislative clerk pro- gime is the enemy of [Iran’s] Islamic govern- We come to this birthplace of liberty ment and our revolution.’’ There are many ceeded to call the roll. to remember, to give honor, and to ex- other examples, but the lesson to be drawn is Mr. DASCHLE. Mr. President, I ask press our resolve. that al Qaeda is but one faction of a larger unanimous consent that the order for All around us in this historic place and very amorphous radical anti-western the quorum call be rescinded. are the images of famous leaders who network that uses al Qaeda members as well The PRESIDING OFFICER. Without brought life and nationhood to the as others sympathetic to al Qaeda’s ideas or objection, it is so ordered. that share common hatreds. ideals that were attacked a year ago, Information from a variety of sources re- f on a day whose dawn had seemed almost uniquely American in its sunny peatedly carries the theme from Islamic MORNING BUSINESS radicals that expresses the opinion that we optimism. just don’t get it. Terrorists world-wide speak Mr. DASCHLE. Mr. President, I ask Etched on the wall around this stage of jihad and wonder why the western world is unanimous consent that the Senate are the names of heroes who gave their focused on groups rather than on the con- proceed to a period for morning busi- lives for our country on September 11, cepts that make them a community. One ness, with Senators permitted to speak 2001. The list is heartbreaking, and it place to look at the phenomenon of the for up to 10 minutes. ‘‘international jihad’’ is the web. Like many goes on and on. These heroes were fa- other groups, Muslim extremists have found The PRESIDING OFFICER. Without mous in a different way, famous to the Internet to be a convenient tool for objection, it is so ordered. their friends for their fabled jumpshot spreading propaganda and helpful hints for f in a neighborhood park, or prized in their followers around the world. Web sites their firms for a brilliance tempered by calling for jihad, or holy war, against the TRIBUTE TO SHEILA C. JOY laughter, or celebrated by their young West are not uncommon. Mr. THURMOND. Mr. President, I children as super-heroes, able to launch One of the larger jihad-related Internet of- rise today to pay tribute to my good them into the air with an easy toss, fers primers including ‘‘How Can I Train My- self for Jihad.’’ Traffic on this site, which is friend Sheila C. Joy for her devoted and always there to catch them. They available in more than a dozen languages, inservice to the United States Depart- expected to pass the ball again, to creased 10-fold following the attacks, accord- ment of Justice. make another trade or tell another ing to a spokesman for the site. Sheila C. Joy was born in Springfield, joke, to come home that night and read The lesson to be taken from this is that al MA, and graduated from the University a bedtime story. Qaeda is far less a large organization than a of Massachusetts. After two years of ci- Then they were gone, in the darkness facilitator, sometimes orchestrator, of Is- vilian service in the United States Air at mid-morning which succeeded that lamic militants around the globe. These Force, Mrs. Joy began her career with sunny dawn. We mourn them for the militants are linked by ideas and goals, not be organizational structure. The intent is es- the United States Department of Jus- years that were too few and the hopes tablishment of a state, or states ruled by Is- tice. Beginning as a Staff Assistant, that were unfulfilled. We praise them lamic law and free of western influence. Bin she successfully worked through the for the way they lived, and in so many Laden’s contribution to the Islamic jihad is ranks and is presently a program man- cases for the bravery in the way they

VerDate 0ct 09 2002 02:37 Oct 16, 2002 Jkt 019060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\A15OC6.049 S15PT1 October 15, 2002 CONGRESSIONAL RECORD — SENATE S10433 died. And we as a country, as a commu- of commitment to the ideals of com- Lawrenceburg, TN. He worked his way nity, as friends and neighbors and fam- passion, equality, opportunity, and through undergraduate school at Mem- ily, hold them in our hearts. concern for one another. We as a soci- phis State University and then law I spoke with a member of almost ety seek to save a life when a terrorist school at Vanderbilt. Two years later, every family in Massachusetts who lost strikes, and we as a society must do as he was named an Assistant United a loved one on the planes, or at Ground much when the terror or a dread dis- States Attorney in Nashville, where his Zero in New York, or at the Pentagon. ease strikes, or the terror of poverty outstanding record brought him to the To those left behind, I say on this sad steals opportunity. attention of then Senator Howard day: I know something of what you May that legacy of 9/11, that legacy Baker, who tapped him to be the mi- feel. To lose someone you love, and to of love and compassion and caring, be- nority counsel to the Senate Watergate lose them so suddenly, so unexpect- come our enduring tribute to all those Committee. Following two years on the edly, so terribly, to see them torn out who were lost. Committee, Senator THOMPSON contin- of the fabric of life, is almost more Out of that day also came a new ued his high profile law career when he than one can bear. sense of national resolve and will. We was appointed by incoming Governor And then, although we know the pas- are at war today, with a terrorism that Lamar Alexander to investigate out- sage of a year cannot heal that mem- has plagued too many places for too going Governor Ray Blanton. Senator ory, we move on, because we have to, many years, and that has finally THOMPSON added to his growing reputa- because they would want us to, and be- struck at the heart of America. tion by uncovering a cash for clemency cause there is still light left in the This is a conflict we did not seek, but scheme that ultimately sent Governor world, including the love they left us. must win, not alone for ourselves, but Blanton to jail. Over the next several In a different time of grief, my broth- for the cause of freedom, tolerance and years, Senator THOMPSON continued to er Robert Kennedy quoted the ancient human rights around the world. practice law in Nashville and in Wash- poet Aeschylus: ‘‘In our sleep, pain, The ideas and ideals created long ago ington. He also continued his work which cannot forget, falls drop by drop in this great hall have shaped the with Congress, working as Special upon the heart until, in our own de- dreams of countless millions yearning Counsel to the Senate Committee on spair, against our will, comes wisdom to be free. Intelligence and the Senate Committee through the awful grace of God.’’ Now, as the greatest power on earth, on Foreign Relations. May God, this year and every year we have a responsibility. Our gifts of With an open election looming to fill and every day, grant that grace to you strength and wealth and values can de- the last two years of former Sen. Al the families. cide that the future will belong to the Gore’s term in 1994, Senator THOMPSON And for all of us, there is something forces of hope and onto of hate. decided to enter the race. He cham- else that comes from last September This brighter future depends on vic- pioned his Tennessee roots, conserv- 11. From the pain that day have come tory against terrorism. It demands ative values and desire to reform the both wisdom and will. that we then continue in a long, tire- Federal Government. His message reso- We have learned anew the wisdom less endeavor to make the world not nated with the voters, who overwhelm- that as Americans, we are many, but only safer for us, but better for all. In ingly supported him in the general we are also one. our determination to defeat those who election in 1994. In 1996, Senator On Flight 93, there was a unity of have attacked our people and our prin- THOMPSON was elected to a full term in purpose and a fierce pride. Passengers ciples, we truly are ‘‘one nation under the Senate, receiving more votes than who had never met before became a God, indivisible.’’ any previous candidate for any office in band of brothers and sisters, sacrificing How true that was, how deeply we Tennessee history. their lives so that others might live. felt it, a year ago today. Together that Since joining the Senate, Senator Many other individual acts of courage day, we hurt and feared and hoped and THOMPSON has tirelessly worked to pro- saved more lives than we can know or prayed. And together now, we will pre- mote his conservative values. A fierce count at Ground Zero and the Pen- vail. critic of federal bureaucracy, he has in- tagon. God bless all who were lost and all troduced legislation and held hearings People all across the country and of who lost them. God give us strength, aimed at producing a smaller, more ef- all ages asked what they could do, from and the wisdom to use it well. God ficient, and more accountable govern- giving their blood, to clearing rubble at bless America. ment. Through his work on the Fi- the World Trade Center, to giving their f nance Committee, he has focused his dollars, to lending a shoulder to their energy on reducing taxes, reforming neighbor to cry on. In countless ways, TRIBUTE TO SENATOR FRED THOMPSON the tax code and restoring Social Secu- we came together, and founded a new rity and Medicare programs to long- American spirit of service to others. Mr. SHELBY. Mr. President, I rise term solvency. Admirably, he has al- The terrorists taught us a lesson dif- today to pay tribute to Tennessee Sen- ways remained thoroughly independent ferent from the one they expected. ator FRED THOMPSON, a stalwart con- and committed to his beliefs. They acted with hate, but we reached servative with a long and colorful ca- I have truly enjoyed working with out to comfort and support one another reer in both the private and public sec- Senator THOMPSON here in the Senate. with love. No one asked whether the tors. Senator THOMPSON has always He is a tremendous asset to the people rescuer leading them down the packed been a vocal and active proponent of of Tennessee and valuable member of stairwell of the World Trade Center reducing the role of the federal govern- the Republican party. I thank him for was rich or poor, Anglo or African- ment, lowering the tax burden on his many years of service and wish him American or Hispanic, gay or straight. Americans and allowing individuals the the best in all future endeavors. We gained a new determination as freedom to make their own choices. His f Americans to reject discrimination in remarkable rise to a position of influ- all its hateful forms. ence among his fellow lawmakers is a SOMALIA Out of the pain that day, Americans testament to the passion of his beliefs. Mr. FEINGOLD. Mr. President, today understood more powerfully than per- Senator THOMPSON has been a valuable I wish to express my strong support for haps ever before the pledge of ‘‘liberty member of the Senate, and his presence the efforts underway to establish clear and justice for all.’’ will be missed when he retires at the systems for effective regulation and To help those in need; end of the 107th Congress. I would like monitoring of Somali remittance com- To give hope; to take this opportunity to commend panies. Right now, the United Nations To share what we have; my fellow Southern colleague for his Development Program is working to To see suffering and try to heal it— dedicated work on behalf of the people build the capacity of the Somali finan- That is our lesson from this tragedy, of Tennessee and wish him the best of cial sector and to bring Somalis to- and it is wisdom that must guide us luck as he leaves the Senate. gether with key stakeholders in the over time. The new American spirit of Born in my home state of Alabama, international banking community so service can and must become a new era Senator THOMPSON grew up in that clear expectations, shared high

VerDate 0ct 09 2002 02:37 Oct 16, 2002 Jkt 019060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\A15OC6.024 S15PT1 S10434 CONGRESSIONAL RECORD — SENATE October 15, 2002 standards, and meaningful enforcement Padilla to the ground with both fists. allow bus operators to protect drivers, mechanisms can be established. Somali Padilla was treated for severe eye and implement passenger screening pro- remittance companies can survive, and head injuries resulting from the at- grams, and construct or modify facili- can contribute the development of the tack. ties. Grants could also be used to train Somali people, only if this effort is suc- I believe that Government’s first employees in terrorist threat assess- cessful. I applaud this undertaking, and duty is to defend its citizens, to defend ments, hire and train security officers, believe that the United States should them against the harms that come out and install video surveillance and provide assistance where appropriate. of hate. The Local Law Enforcement emergency communication equipment. As the chairman of the Senate For- Enhancement Act of 2001 is now a sym- Many of these upgrades have already eign Relations Committee’s Sub- bol that can become substance. I be- been undertaken by the industry since committee on African Affairs, I held a lieve that by passing this legislation September 11. This bill will supplement hearing on U.S. policy options in So- and changing current law, we can and reimburse the industry for these malia earlier this year. In the wake of change hearts and minds as well. efforts. the attacks on September 11, I wanted f Since 9/11, Members of Congress have to explore the issue of weak states, shown broad bipartisan support for ad- SUPPORT OF S. 1739 where manifestations of lawlessness dressing the issue of bus security. In such as piracy, illicit air transport net- Ms. SNOWE. Mr. President, I rise April, S. 1739 was unanimously ap- works, and traffic in arms and today in support of legislation intro- proved by the Senate Committee on gemstones and people, can make the duced by Senator CLELAND, S. 1739, Commerce, Science and Transpor- region attractive to terrorists and which seeks to improve security on tation, of which Senator CLELAND and I international criminals. The United motorcoaches and over-the-road buses are members. In May, a companion States can no longer pretend that we nationwide. I became a cosponsor of S. measure passed the House Transpor- have no stake in the fate of countries 1739 in the wake of a September 30 at- tation and Infrastructure Committee, in distress—the Afghanistans and So- tack in which two people were killed also unanimously, and is pending on malias of our world, and the United and more than two dozen others in- the House floor. Also, this summer States can no longer pretend that we jured after a Greyhound bus skidded off Congress provided $15 million for that can insulate ourselves from the dif- a California highway. The bus driver purpose in the Fiscal Year 2002 Supple- ficult problems confronting those had been stabbed in the throat by a mental Appropriation bill. countries. We cannot ignore them, we passenger. Given the fact that the intercity bus cannot simply condemn them. We must While it quickly became known that system is a crucial link in America’s work to strengthen state capacity and the incident had no links to terrorism, transportation system, I believe that curtail opportunities for terrorists and it served as a stark reminder that a Congress must act to secure that sys- other international criminals. significant part of America’s transpor- tem against further attacks, and I It is my intention to introduce legis- tation network remains vulnerable to strongly urge my colleagues to join me lation at the beginning of the 108th attack. Every year, motorcoaches and in a show of support for this legisla- Congress aimed at focusing more co- over-the-road buses carried an esti- tion. ordinated and consistent attention on mated 800 million passengers to 4,000 f Somalia. The U.S. must work harder at communities nationwide, far in excess CIVIL LIBERTIES IN HONG KONG providing an alternative to the extrem- of the passenger load carried by the ist influences in Somalia by vigorously airlines or Amtrak. Mr. FEINGOLD. Mr. President, I’d pursuing small-scale health and edu- I believe that it is vitally important like to take a few minutes this morn- cation initiatives. And we must help that we address bus security concerns ing to call attention to recent dis- Somalia’s surprisingly vigorous private highlighted by the recent attack. A turbing trends with regard to democ- sector, to begin building regulated, le- critical component in our fight against racy and civil liberties in Hong Kong. gitimate financial institutions in So- terrorism is protecting the security of As you know, Hong Kong recently malia, which will be essential to any our transportation system, including marked 5 years under the sovereignty economic recovery in the country in buses. We have to assume that any of the People’s Republic of China. the future. Otherwise, we leave it to il- facet of our transportation system re- When the territory reverted from Brit- legitimate, shadowy forces to step into mains a target for violence. Terrorists ish to Chinese control in 1997, China’s the breach. in Israel have targeted buses with communist rulers in Beijing promised One has only to meet a few of the deadly effectiveness. So we have to to respect its autonomy for a period of many dynamic and committed Somalis take steps, like S. 1739, which will 50 years under the so-called ‘‘One Coun- who are working every day to build a move us toward a more secure system try, Two Systems’’ formula. They also better future for their countrymen to across every mode of transportation agreed Hong Kong would move toward conclude that Somalia is not hopeless. and across our transportation infra- direct elections by 2007. But helping to rebuild capacity in So- structure. At the same time, however, Article 23 malia will certainly not be easy. These S. 1739 provides funding to the motor- of the so-called Basic Law that became efforts are important, and they deserve coach industry to enhance security at Hong Kong’s new constitution required our attention and our support. a time when improved security is in- that the territory adopt legislation creasingly necessary but when the in- f prohibitting ‘‘treason, secession, sedi- dustry is least able to make new in- tion or subversion’’ against the Chinese LOCAL LAW ENFORCEMENT ACT vestments. Other forms of commercial Government in Beijing, as well as OF 2001 passenger transportation including ‘‘theft of state secrets.’’ Mr. SMITH of Oregon. Mr. President, Amtrak, the airline and transit agen- The Hong Kong Bar Association, I rise today to speak about hate crimes cies have all received sizeable funding among others, did not believe new leg- legislation I introduced with Senator commitments from Congress for secu- islation was necessary, since existing KENNEDY in March of last year. The rity upgrades, and the motorcoach in- Hong Kong laws were sufficient to deal Local Law Enforcement Act of 2001 dustry should not be ignored when it with legitimate national security con- would add new categories to current comes to safety. cerns. But Beijing felt otherwise. hate crimes legislation sending a sig- Specifically, this bipartisan legisla- When Chinese President Jiang Zemin nal that violence of any kind is unac- tion provides $400 million in grants to and Vice Premier Qian Qichen traveled ceptable in our society. be made by the Secretary of the Treas- to Hong Kong in July to commemorate I would like to describe a terrible ury for over-the-road bus transpor- the fifth anniversary of the handover, crime that occurred in February 2000 in tation security. The grants must be they reportedly made clear to Tung Tucson, AZ. A gay man was beaten out- used for specified system-wide security Chee-Hwa, their hand-picked chief ex- side a bar. The assailant, Franchot upgrades, including the reimbursement ecutive, that they wanted an anti-sub- Opela, 27, called the victim, Fabian of security-related costs incurred since version statute adopted without fur- Padilla, 23, a ‘‘faggot’’ and then beat September 11, 2001. The grants will ther delay.

VerDate 0ct 09 2002 02:37 Oct 16, 2002 Jkt 019060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G15OC6.071 S15PT1 October 15, 2002 CONGRESSIONAL RECORD — SENATE S10435 Three weeks ago, Tung’s administra- Beijing, as is its prerogative under the Willy Lam, with the former editor of tion obliged, unveiling a plan for new Basic Law. Beijing overturned Hong the Beijing-controled China Daily. legislation to implement Article 23. Kong’s Final Court of Appeal in that Then, in April of this year, the paper’s Tung called the plan ‘‘both liberal and case, setting a dangerous precedent in veteran Beijing bureau chief, Jasper reasonable.’’ But it contains a number the eyes of Hong Kong’s pro-democracy Becker, was fired for insubordination of provisions that could potentially se- community. after complaining that the paper’s riously undermine civil liberties in Ultimately then, as a columnist re- China coverage was being ‘‘watered Hong Kong. cently pointed out in the Financial down.’’ I should add, however, that to For example, Tung’s plan makes it Times, the bulwark against erosion of its credit, the Post has been strongly an offense to organize or support the civil liberties in Hong Kong may not be critical of the government’s recent leg- activities of organizations deemed by the territory’s excellent judiciary but islative proposal. Beijing to threaten national security. its executive, and that is not a com- Hong Kong today remains a vibrant It allows the police to enter and search forting thought given the track record and cosmopolitan city whose citizens private residences without a warrant of Hong Kong’s executive over the past enjoy a degree of civil and economic to investigate suspected treason, sedi- five years. Tung Chee-Hwa has tight- liberties far surpassing that of most tion and subversion. It creates a new ened controls on public demonstra- other countries. But whereas the trend offense of ‘‘secession,’’ presumably for tions. His government turned away in much of the world is toward greater advocating independence for Tibet or more than 100 people who sought to democracy, in Hong Kong things ap- Taiwan. Citizens would be legally travel to Hong Kong to demonstrate at pear to be headed in the other direc- obliged to report on alleged ‘‘subver- July’s fifth anniversary ceremonies, so tion. sive’’ activities of friends, neighbors as not to embarrass his VIP guests China’s President Jiang Zemin will and colleagues. Meanwhile, Journalists from Beijing. After winning a second visit the United States later this could face criminal penalites simply five-year term in March in a process in month. President Bush may want to for reporting information about rela- which exactly 800 people participated, raise the issue of autonomy and civil tions between Hong Kong and Beijing. he introduced a new system allowing liberties in Hong Kong with him. That Perhaps the most disturbing element him to fill his cabinet with hand- would be entirely appropriate. But, I of this legislative proposal is that it picked political appointees without the think that we as a society can send a represents a further intrusion of Bei- advice or consent of Hong Kong’s legis- far more powerful message to the peo- jing’s anti-democratic legal concepts lature. There is no indication yet of ple who rule Hong Kong in a language and practices into Hong Kong. Defini- any plans to make the process more they will understand. Those individuals tions of offenses are vague, giving the democratic in 2007. fully appreciate that their future de- government broad discretion to decide More recently, when democracy ad- pends on their ability to perpetuate whom it wants to prosecute, or silence vocates suggested that the Government Hong Kong’s status as a global finan- through the threat of prosecution. Al- make a detailed version of its proposed cial center. Geography is no longer suf- though Tung says he will uphold anti-subversion legislation available ficient to maintain that status. Rath- human rights and civil liberties as the for public comment before the bill is er, what makes Hong Kong Hong Kong, ‘‘pillars of Hong Kong’s success,’’ his formally introduced in the Legislative what makes thousands of talented peo- Secretary of Security, Regina Ip, ad- Council, Regina Ip replied as follows: ple from throughout the world eager to mits that, under the proposed legisla- Will taxi drivers, Chinese restaurant wait- live and work there, is its spirit, its vi- tion, she would essentially defer to Bei- ers, service staff at McDonald’s hold a copy tality, its spontanaeity, its brashness, jing to determine which organizations of the bill to debate with me article by arti- its ‘‘anything goes’’ attitude and its to prohibit. Falun Gong leaps to mind. cle? creativity. In the eyes of many, those The Dalai Lama’s followers might also Ms. Ip’s remarks reveal contempt for qualities make Hong Kong one of the take heed. the right of the general public to be most exciting places on Earth. Journalists and scholars have good consulted about matters that concern Hong Kong’s current rulers are set on reason to be concerned if the new legis- it. Unfortunately, this attitude is not a path that risks killing the goose that lation similarly incorporates Beijing’s uncommon among the economic elite laid that golden egg. That’s a message extremely broad definition of what that runs Hong Kong. The Chamber of they need to hear not only from foreign constitutes a ‘‘state secret.’’ Rabiya Commerce representative on the Legis- politicians but from the international Kadir, a Muslim businesswoman once lative Council has openly remarked business community, the techno cogno- feted by Beijing as a ‘‘model minor- that popularly elected representatives scenti, the investors and the economic ity,’’ is currently serving an eight-year would spend money irresponsibly if and cultural globe-trotters, voting sentence under Beijing’s state secrets given power. Another well-known ty- with their feet and their pocketbooks. law for mailing newspaper clippings to coon is fond of saying ‘‘no representa- I encourage all such people who care her husband in the United States. More tion without taxation,’’ turning the about Hong Kong and about freedom to recently, a prominent AIDS activist, motto of the founders of our American tell the Hong Kong authorities that, if Wan Yanhai, was detained for a month democracy on its head. In other words, Hong Kong sacrifices those things that by the Beijing Bureau of State Secu- Hong Kong’s is a government of the make it unique and worth living in, we rity for leaking ‘‘state secrets.’’ His al- wealthy, by the wealthy and for the may as well set up shop in Shanghai. leged offense was revealing that hun- wealthy. f dreds of thousands of Chinese people Of course, Hong Kong did not enjoy might have been infected with HIV democracy under British rule, either. NOTICE OF STUDY ON LOCAL ALL- through unsafe blood transfusions, in- The business of Hong Kong has always DAY KINDERGARTEN PROGRAM formation the authorities didn’t think been business. The difference now is Mr. KENNEDY. Mr. President, I people needed to have. that the territory’s capitalist elite has would like to alert my colleagues to a Regina Ip, who has been acting as decided that currying favor with the recently released study that shows Tung’s point person for the new anti- communist dictators in Beijing is good great promise for all kindergartners, subversion law, has attempted to reas- for business. If some civil liberties need based on achievement gains in Mont- sure the plan’s critics by saying Hong to be sacrificed in the process, they ap- gomery County, MD. On October 1st, Kong’s highly regarded independent pear willing to accept the bargain. the Washington Post published key courts will be responsible for inter- Many observers perceive this atti- findings from a 2-year study of Mont- preting and applying the new law. How- tude being reflected in a growing tend- gomery County’s intensive all-day kin- ever, it was her government that un- ency toward self-censorship within dergarten program. For the past 2 dermined the integrity of those courts Hong Kong’s major media. For exam- years, Montgomery County has length- three years ago when it appealed a ple, two years ago the South China ened the school day, decreased class high-court decision on immigration Morning Post, which aspires to enter sizes, and implemented a revised cur- that it didn’t like to the National Peo- the Mainland Chinese market, replaced riculum in its 17 highest-poverty ple’s Congress Standing Committee in its veteran, hard-hitting China editor, schools.

VerDate 0ct 09 2002 04:02 Oct 16, 2002 Jkt 019060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\G15OC6.075 S15PT1 S10436 CONGRESSIONAL RECORD — SENATE October 15, 2002 The article highlights the rise in Indeed, the report found that the gap be- teachers and principals are becoming used to reading achievement for all students tween higher-scoring white and Asian stu- the new curriculum and training. Still, the involved in the program, with low-in- dents and their African American and Latino results over time are key, and officials plan come students making the most peers had narrowed by as much as 11 points to follow these 16,000 students for several on some measures. years. progress. In these 17 schools, 51 percent Other county and national studies have Studies have found that gains made by of the most disadvantaged children met found that the achievement gap that largely children in Head Start, the federal program reading benchmarks at the end of first divides middle-class and poor or non- designed to help impoverished 4-year-olds, grade while only 45 percent of poor English-speaking students is apparent on the evaporate by the time the students are in children in the rest of the county did. first day of kindergarten and generally wid- third or fourth grade: They perform simi- Students made gains of over 50 percent- ens through the years, with one group of stu- larly to children who never had the benefit age points in all ethnic groups, also dents on track for rigorous, college-prep of such a program. courses and others for lower-level or reme- School officials in Montgomery say they narrowing the achievement gap by as dial course work. want to change that with the kindergarten much as 11 percent on some measures. The Montgomery study found that the kin- initiative and have followed up with smaller Superintendent Weast attributes the dergarten initiative appears to be working class sizes and a new, more focused cur- program’s success to additional train- well for children who live in poverty. In the riculum this year for grades 1 and 2. ing for teachers and principals. 17 highest-poverty schools, 51 percent of the The report has already garnered interest We must address the needs of our children considered poor enough to qualify from the national education community. youngest students before our lack of for a federal lunch subsidy met reading Michael Cohen, a former assistant sec- attention compounds the disadvan- benchmarks by the end of first grade, and retary of education in the Clinton adminis- only 45 percent of poor children elsewhere in tration who has worked with large school tages that many of them already bring the county did. districts throughout the country, said he was to school. If children do not read flu- Despite the progress, officials said the gap impressed not only that the studies were de- ently by the end of third grade, we still exists. Nearly 70 percent of the middle- tailed and sophisticated, but that Weast was know that many of them never will. We class students in those schools met the same willing to make changes because of them. should do all we can to support further benchmark—about the same levels as their ‘‘That has not been a common practice in success. The results in Montgomery peers in other county schools. education around the country,’’ he said. ‘‘So County show that we can make a dif- The most troubling finding, Weast said, it’s important to note, and note when it’s was for the limited English speakers, whose being done well.’’ ference to children’s lives. reading scores actually dipped slightly over Michael Ben-Avie, a researcher with the I ask unanimous consent that an ar- the two years. And some of their scores on a Yale Child Development Center, evaluated ticle entitled ‘‘All-Day Kindergarten test last spring of oral language, hearing and early drafts of the report and praised Mont- Posts Big Gains in Montgomery’’ be associating sounds with letters were lower gomery leaders for their ‘‘willingness to un- printed in the RECORD. by half than their English-speaking class- dergo major change and for their willingness The PRESIDING OFFICER. Without mates. to really address the needs for our most vul- objection, it is so ordered. Weast today will announce plans to intro- nerable students.’’ He found that the fact duce intensive phonics instruction in 18 that the kindergarten initiative was a sys- [From the Washington Post, Oct. 1, 2002] schools that receive federal Title I funding tematic overhaul and not a series of ad hoc ALL-DAY KINDERGARTEN POSTS BIG GAINS IN for low-income students, the first such in- pieces was what made it a powerful reform. MONTGOMERY struction ever in Montgomery County. ‘‘They have been willing to take a sober- (By a Washington Post Staff Writer) ‘‘It won’t be drill and kill,’’ Weast said, re- eyed view of the data and not try to cover it ferring to often-maligned, repetitive basic up, which happens a great deal,’’ he said. An intensive and expensive all-day kinder- skills programs. ‘‘But it makes a lot of sense ‘‘This is remarkable. And the results show garten program in Montgomery County has for kids who are hearing a different language they’re well on their way.’’ produced significant gains for poor children at home and hear the intonations and sounds f and helped them begin to catch up with high- of words differently. They need to be able to er-performing peers, a new study to be re- unlock words so they can pronounce them GAO REPORT: FEMA’S HAZARD leased today shows. and then read them.’’ MITIGATION PROGRAMS In tracking the reading progress made by The kindergarten initiative began in 17 of 16,000 youngsters over two years in kinder- the poorest schools in the fall of 2000. Seven- Mr. AKAKA. Mr. President, I rise to garten and first grade, the report found that teen more schools with large numbers of discuss the Federal Government’s com- not only did achievement rise for all stu- poor students were added in the fall of 2001. mitment to disaster mitigation and dents involved in the program in high-pov- The report found impressive gains in both helping communities minimize the im- erty schools, but low-income students groups. This year, 22 schools have been pact of natural and man-made hazards. showed bigger gains. added. Currently, the Senate is locked in a de- Further, the report found that both poor Research has found that if a kindergartner bate on how to help State and local of- and middle-class students in high-poverty meets foundational benchmarks—such as schools—contrary to expectation—either recognizing letters and the sounds they rep- ficials prevent, prepare for, and re- matched or outperformed their peers in resent and identifying simple words—they spond to acts of terrorism. Homeland schools elsewhere in the county, many of will be on track to read text by the end of security will benefit from the Federal whom were in half-day kindergarten pro- first grade and able to read fluently by the Emergency Management Agency’s, grams. end of third. Scientists have found that if FEMA, years of experience because dis- The most significant exception was for children do not read fluently by then, many aster mitigation and terrorism pre- children who do not speak English, a finding never will. that has prompted Superintendent Jerry D. paredness have the same goal, helping ‘‘We believe that is the key to academic people prepare for the worst. Weast to pledge intensive phonics instruc- rigor as they go up the grades,’’ Weast said. tion at schools with the most children living ‘‘Reading.’’ FEMA’s two multi-hazard mitigation in poverty. ‘‘We are getting some emerging Beyond touting results for poor children— programs, the post-disaster Hazard success,’’ said a cautious Weast. ‘‘We’re a national dilemma that provided much of Mitigation Grant Program, HMGP, and learning that you can attack poverty, that the impetus behind the federal No Child Left the pre-disaster Project Impact pro- you don’t have to have low expectations just Behind law that took effect July 1—Weast gram, are aimed at helping States and because a child is poor.’’ said his report addresses middle-class par- communities identify and address nat- The findings come at a time when the Gen- ents’ worries that their children will suffer ural hazard risks they deem most sig- eral Assembly has mandated full-day kinder- academically at higher-poverty schools. The nificant. garten for all Maryland schools as part of a report found that such children scored on par new state aid formula. Montgomery’s ‘‘kin- with middle- and upper-middle-class stu- In March 2001 the administration pro- dergarten initiative’’ combines the longer dents throughout the county. posed the elimination of all pre-dis- day with smaller class sizes, a revised cur- ‘‘The nice thing about the changes we aster mitigation funding because riculum and additional teacher training. made is, you don’t have to leave those Project Impact was ‘‘ineffective.’’ Weast, who has won both praise and criti- schools now,’’ Weast said, referring to mid- After learning that there had been no cism for implementing the program first in dle-class flight that has affected some formal review of the effectiveness of the county’s high-poverty schools, said the schools in the county’s more diverse eastern this or any multi-hazard mitigation report vindicated his strategy and could side. ‘‘This ought to give comfort to those prove a model for schools across the nation parents to stay with us.’’ program, I requested that GAO review dealing with a vexing achievement gap that School officials said some of the progress FEMA’s disaster mitigation efforts. I divides students along racial and poverty made over the two years may have a lot to am happy to announce the release of lines. do with the ‘‘practice effect,’’ the fact that this comprehensive and timely report.

VerDate 0ct 09 2002 04:02 Oct 16, 2002 Jkt 019060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\G15OC6.072 S15PT1 October 15, 2002 CONGRESSIONAL RECORD — SENATE S10437 The parameters of this study have GAO also interviewed FEMA offi- panic culture, achievements, and con- changed in the past year. In the after- cials. FEMA headquarters and regional tributions to American culture and so- math of the September 11 terrorist at- office personnel identified several chal- ciety. In 1988, Congress expanded the tacks, and the subsequent and prudent lenges in implementing a national week to a month-long commemoration. focus on homeland security, the Nation competitive grant program. Chief Gil Coronado, founder and chairman began noticing the relationship of pre- among them is establishing a process of Heroes and Heritage: Saluting a Leg- disaster mitigation programs to pro- for comparing the costs and benefits of acy of Hispanic Patriotism and Pride, posed new preparedness efforts for projects. Emergency managers around was one of the driving forces behind homeland security. I asked GAO to ex- the country share FEMA’s concerns the creation of Hispanic Heritage pand its study to include an assess- that the outreach and planning activi- Month. Mr. Coronado enlisted with the ment of how the increased emphasis on ties they feel are so important will be Air Force when he was just 16. He preventing and preparing for terrorism curtailed because of the difficulty asso- served for 30 years in Vietnam, Pan- events is affecting natural hazard miti- ciated with assigning cost-benefit to ama, Germany, and Spain before he re- gation. such programs. This issue will have tired as a colonel. During his stellar In March 2002 the administration pro- ramifications in homeland security career, he received over 35 awards, in- posed to change fundamentally when the new Department of Homeland cluding the Legion of Merit and the FEMA’s disaster mitigation strategy Security is told to determine the cost- Bronze Star. Like Colonel Coronado, countless numbers of Hispanic Ameri- again by eliminating the HMGP. Cur- benefit of terrorism preparedness ef- cans have answered the call, defending rently, HMGP funding is issued to forts. States after a presidentially declared I was heartened to learn that FEMA our liberty and freedoms as members of disaster as a percentage of total Fed- is working to ensure and strengthen our Armed Forces and in other capac- ities. Twelve Hispanic Americans were eral assistance, a process deemed inef- natural hazard mitigation, response, among the firefighters killed on Sep- fective and not cost-efficient by the ad- and recovery efforts while attending to tember 11 as they tried to rescue their ministration. The administration in- homeland security needs. FEMA offi- fellow Americans trapped in the World stead is seeking to fund all mitigation cials are identifying and correcting Trade Center’s two towers. through an expanded Project Impact- redundancies in reporting, planning, Hispanic contributions to America like program on a nationally competi- training, and other activities across date back nearly 500 years to Easter, tive grant basis. The administration mitigation and preparedness programs. March 27, 1513 when Juan Ponce de believes that such a program will en- FEMA mitigation experts are working Leon sighted land, which he claimed sure that mitigation funding remains to identify terrorism mitigation activi- for Spain and named ‘‘La Florida,’’ stable from year to year and that the ties that are also ‘‘all hazard’’ and ad- meaning ‘‘Land of Flowers.’’ De Leon most cost-beneficial projects receive dress natural hazard mitigation prior- and his fellow explorers such as Alva- funding. At that time, I asked GAO to ities. rez de Pinela and Cabeza de Vaca tra- include this latest proposal. The Disaster Mitigation Act of 2000, versed most of what we now call Amer- GAO interviewed hazard mitigation passed by Congress 2 years ago, empha- ica’s sunbelt. Hernando de Soto was officials from 24 states to get their per- sized involvement by all States, fund- the first European to discover the Mis- spectives on current FEMA programs ing for planning activities, and in- sissippi River, an event depicted in one and the administration’s proposals. creased post-disaster mitigation fund- of the great historical canvases which The States range from large population ing for States willing to undertake en- hang in the Rotunda of the Capitol States, such as Florida and Illinois, to hanced mitigation efforts. FEMA has Building. St. Augustine, FL, was smaller States, such as Nebraska and taken our directive to heart and is im- founded in 1565, 42 years before the Utah. GAO purposely selected both plementing multi-hazard mitigation English colony at Jamestown, VA, and small and large States, containing programs in coordination and coopera- 55 years before the Pilgrims landed on urban and rural communities, that tion with State and local officials. Plymouth Rock in Massachusetts. St. have received both small and large While a focus on obtaining the most Augustine is the oldest permanent Eu- amounts of mitigation funding. Despite cost-effective program is well intended, ropean settlement on the North Amer- geographic differences, emergency I share the concerns of the emergency ican continent. In 1787, St. Augustine management officials view FEMA’s management community and FEMA had the first free, integrated public mitigation programs as successful and personnel that assigning a dollar school. effective. amount to the benefit of doing mitiga- America’s diverse and vibrant His- Emergency management officials de- tion, or the cost of not doing it, is a panic population has made enormous scribed how, in addition to traditional difficult and ill-defined task. I share contributions to our Nation, its cul- ‘‘brick and mortar’’ programs, such as their doubts that consolidating the ture, and its economy. Former Senator retrofitting buildings and relocating HMGP and Project Impact programs Dennis Chavez, union organizers Anto- properties, mitigation effects can be will make disaster mitigation more ef- nia Pantoja and Caesar Chavez, enter- intangible. Mitigation includes out- fective or successful. tainers Gloria Estefan and Jennifer reach activities, such as increasing After reviewing the GAO report, Lopez, actor Martin Sheen, and base- public awareness and support for miti- FEMA Director Joseph Allbaugh wrote ball players Alex Rodriguez and gation, building public-private partner- to GAO, ‘‘ I appreciate your support of Sammy Sosa are just a few of the His- ships to pool mitigation resources, and my strongly held belief that funding panics Americans who have done so ever-important planning and risk as- and support of both pre- and post-dis- much to enrich all Americans’ lives. sessment. aster mitigation programs are critical My hometown, Detroit, has benefited We must listen to these officials, the to FEMA’s success in leading the na- greatly from Hispanic immigrants pur- end-users of mitigation programs, tion to reduce disaster losses.’’ I agree suing the American Dream. Southwest when determining program success or with Director Allbaugh. We must con- Detroit, known affectionately as failure. These dedicated men and tinue to to support pre-disaster mitiga- Mexicantown by its residents, is the women have many concerns over the tion as an investment for the future. I fastest growing part of the city. His- administration’s proposal. They worry commend GAO on their insightful re- panics from Mexico, El Salvador, Gua- that FEMA will lose the window of op- port, and I thank JayEtta Hecker and temala, Cuba, and other Caribbean na- portunity that exists after a disaster her team at GAO for their work. tions have opened businesses, bought strikes if HMGP funds are not included f homes, and turned a once neglected in Federal assistance. This is when urban neighborhood into a thriving public and community interest in miti- HISPANIC HERITAGE MONTH community and one of the city’s cen- gating against future disasters is high- Mr. LEVIN. Mr. President, each year ters. Maria Elena Rodriguez, president est. They worry that a competitive between September 15 and October 15, of the Mexicantown Community Devel- grant system might exclude some we celebrate Hispanic Heritage Month. opment Corporation, has been one of States entirely from mitigation fund- This tradition began in 1968 when Con- the primary catalysts of the turning. gress set aside a week to celebrate His- around.

VerDate 0ct 09 2002 02:37 Oct 16, 2002 Jkt 019060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\G15OC6.069 S15PT1 S10438 CONGRESSIONAL RECORD — SENATE October 15, 2002 Hispanic contributions to Michigan’s ingful immigration reforms; supporting We have taken up funding for the businesses abound. The Kellogg Com- Hispanic education programs, increas- FIRE Act grant program in this body pany, founded and headquartered in ing access to higher education, helping numerous times since its inception. In Battle Creek, is the world’s leading ce- the economy to create good jobs at de- the wake of the terrorist attacks in real producer. It has millions of cus- cent wages, and restoring benefits to New York and Washington, D.C. on tomers in over 160 countries. At legal immigrants under the Medicaid September 11, 2001, the Congress present, the chief executive officer is and State Children’s Health Insurance amended the fiscal year 2002 Depart- Carlos Gutierrez, who started at Program—SCHIP. ment of Defense Authorization Act to Kellogg’s as a sales representative in So, Hispanic Heritage Month is a provide increased authorization levels Mexico City over 25 years ago. time to celebrate what has been ac- to allow up to $900 million per year to Other prominent Hispanics with ties complished and recognize what still be allocated for the FIRE Act grant to Michigan include Antonia Novello, needs to be done. I congratulate His- program. The program was also ex- who started her medical career at the panic Americans in Michigan and panded to allow grant applicants to University of Michigan. In 1990, she be- across America for their wonderful apply for equipment and training funds came the first woman U.S. Surgeon contributions to our country. And I to help firefighters respond to terrorist General, and the first Hispanic Amer- pledge my efforts to ensuring that attacks or attacks using weapons of ican to hold the post. more Hispanic Americans have access mass destruction. Additionally, Con- Grammy-winning musician Jose Feli- to the great opportunities our country gress, through both the fiscal year 2002 ciano, a native of Puerto Rico, made has to offer. VA-HUD-Independent Agencies Appro- his professional debut at the Retort f priations bill and the Homeland Secu- Coffee House in Detroit in 1963. He is, FEMA FIRE ACT GRANT PROGRAM rity package in the fiscal year 2002 De- perhaps, most famous for his Latin- partment of Defense Appropriations Mr. FEINGOLD. Mr. President, I wish soul version of the Doors’ hit, ‘‘Light Act, appropriated $360 million to the My Fire,’’ a blues-rock rendition of the to offer a few remarks in support of the FIRE Act grant program. ‘‘Star-Spangled Banner’’ performed at Assistance to Firefighters Grant Pro- As we finalize our appropriations a 1968 World Series game between De- gram, commonly known as FIRE Act bills this year we should continue to troit and St. Louis, and the Christmas grants. The FIRE Act grant program allocate resources to this important classic, ‘‘Feliz Navidad.’’ was established in fiscal year 2001, due Rebecca Arenas received the ‘‘Caesar in large part to the efforts of my dis- program. Keeping our communities Chavez Civil Rights Achievement tinguished colleague from Connecticut, safe has been and should continue to be a top priority for all of us. As the trag- Award’’ in 2000 for her work to improve Senator DODD. the lives of Hispanics generally, and Since its inception, the program has ic events of September 11 have shown migrant workers in particular. Rebec- assisted firefighters across the Nation. our Nation, local firefighters play a ca’s parents brought her to Michigan I am especially pleased that this pro- vital role to protect and secure our from Crystal City, TX, when she was 5. gram has been a shining example of an communities. We should give them the They were migrant workers who chose effective partnership between local and support they need. Michigan because they believed Re- Federal Governments. It provides Fed- f becca would get a better education. Re- eral assistance to meet local objectives becca has passed this commitment to without imposing mandates or inter- THE NATIONAL INTEGRATED BAL- education on to her children, all seven fering with local prerogatives, and it LISTICS INFORMATION NETWORK of whom have received a postsecondary provides Federal dollars directly to the Mr. LEVIN. Mr. President, I wish to education. Rebecca has worked tire- fire departments. It also addresses crit- bring the National Integrated Ballis- lessly to increase Hispanics’ access to ical needs, awarding grants for train- tics Information Network or NIBIN to education and health care and to boost ing, wellness and fitness programs, ve- the attention of my colleagues. NIBIN their voter registration. hicles, firefighting equipment, personal is an interconnected, computer-as- Hispanic Americans constitute the protective equipment, and fire preven- sisted ballistics imaging system that fastest growing segment of our popu- tion. allows forensic firearms examiners to FIRE Act grants have had a positive lation. Right now, one in eight Ameri- obtain computerized images of the and very tangible impact on commu- cans is Hispanic—about 32 million unique marking made on bullets and Americans. By 2050, one in four Ameri- nities throughout the country, includ- casings when a gun is fired. Through cans will be Hispanic. Hispanic Ameri- ing in my home State of Wisconsin. In NIBIN, investigators can rapidly com- cans are the fastest growing small fiscal year 2002, as of October 1, 2002 my pare these markings with images in the business owners nationwide. Hispanic State received $2.445 million in grants database of Federal, State, and local Americans will purchase $580 billion in awarded to 41 departments. law enforcement laboratories. Law en- goods and services this year. By 2007, These grants help firefighters to do forcement officials can then link evi- that purchasing power will increase by their job better, make our neighbor- dence from multiple crime scenes, 315 percent to $926 billion. hoods safer, and, very importantly, Cities such as Los Angeles, San Anto- give residents peace of mind. Increas- identify patterns of criminal activity, nio, New York, and Miami tradition- ing the training and equipment avail- and possibly lead investigators to the ally have been centers of Hispanic in- able to firefighters fosters an environ- arrest of suspects. fluence. Increasingly, however, His- ment of enhanced safety between fire- As an investigative instrument, bal- panics and Hispanic Americans are fighters and the communities they listics imaging complements crime gun moving to other parts of the country, serve. Keeping our communities safe tracing. Crime gun tracing consists of such as Arkansas, Georgia, and North has been and should continue to be a tracking the history of a gun used to Carolina. This shift in migration will top priority for all of us. As the tragic commit a crime. By tracing crime spread Hispanic culture and influence events of September 11 have shown our guns, the Bureau of Alcohol, Tobacco, throughout the country. Nation, local firefighters play a vital and Firearms helps State and local law As we celebrate and commemorate role to protect and secure our commu- enforcement agencies solve firearms- Hispanic Heritage Month, we must also nities. We should give them the sup- related crime by identifying suppliers acknowledge the challenges facing the port they need. of multiple-crime guns, and gun traf- community—and the country—that lie As I travel through Wisconsin and ficking patterns. According to an ATF ahead. Too many Hispanic American talk to local firefighters and emer- report, since March 2000, the NIBIN in youth are incarcerated. Hispanic Amer- gency response personnel, I hear the coordination with crime gun tracing ef- icans have a lower rate of educational same refrain, time after time: the forts has produced more than 8,800 bal- achievement than the national aver- FIRE Act grant program is vital to listics matches, linking over 17,600 age. A higher than average number of their work and has enabled them to get crime scenes. Some of these matches Hispanic Americans live in poverty. needed equipment and training that would not have been made without the Congress can and must help Hispanic they would otherwise be unable to af- use of a computer-assisted ballistics Americans by pursuing fair and mean- ford. imaging system.

VerDate 0ct 09 2002 04:02 Oct 16, 2002 Jkt 019060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\G15OC6.062 S15PT1 October 15, 2002 CONGRESSIONAL RECORD — SENATE S10439 I believe that the NIBIN should be several aspects of Maryland’s partici- FIFTIETH ANNIVERSARY OF THE expanded, and that is why I have co- pation in the Chesapeake Bay Pro- PADUCAH GASEOUS DIFFUSION sponsored the Ballistics, Law Assist- gram. PLANT ance, and Safety Technology Act or I came to know Steve 10 years ago ∑ Mr. MCCONNELL. Mr. President, I BLAST which would require licensed when he was appointed director of the rise today to pay tribute to the Padu- firearms manufacturers to test fire Oxford Cooperative Laboratory in Ox- cah Gaseous Diffusion Plant and all its firearms, prepare ballistics images of ford, MD. For those who are not famil- workers, past and present, on the occa- fired bullets and casings of new fire- iar with the Oxford Lab, it is a unique sion of the facility’s upcoming 50th an- arms. Expanding NIBIN to include partnership between the National Oce- niversary, which will be celebrated by these ballistics images would increase anic and Atmospheric Administration the Paducah community on October ATF’s crime gun tracing capabilities. and the Maryland Department of Nat- 24th. ATF agents could quickly identify fire- ural Resources. Located on a tidal trib- The Paducah Gaseous Diffusion Plant arms even when criminals had obliter- utary of the Chesapeake Bay, the lab is currently the only operating ura- ated the serial number by using the has long been considered one of the nium enrichment facility in the United ballistics images of cartridge cases and preeminent centers in the Nation for States. Production of enriched ura- bullets recovered at crime scenes. In its work in diagnosing all aspects of nium began in Paducah in 1952, and the fact, they could identify the firearm diseases, infectious and non-infectious, plant has operated continuously since used in the crime without actually re- which affect living marine resources. that time. Until 1964, the plant’s out- covering that firearm. This bill con- At the time that Steve joined the facil- put was almost entirely for the pur- tains strict provisions stating that bal- ity, the laboratory was 33 years old and poses of national defense as it produced listics information of individual guns in great need of capital improvements. fissionable material for our country’s may not be used for prosecutorial pur- The poor physical condition of the fa- nuclear arsenal. The Paducah workers poses unless law enforcement officials cility was contributing significantly to during that period played a vital role have a reasonable belief that a crime low employee morale and a high staff in securing our freedom and helped has been committed and that ballistics attrition rate. Thanks to Steve’s cre- America prevail in the cold war. Unfor- information would assist in the inves- ative leadership, a major renovation tunately, the Federal Government tigation of that crime. and expansion of the laboratory was didn’t always do right by the workers, I believe this is sensible legislation completed, leveraging a $750,000 Fed- who were often exposed to hazardous that will strengthen law enforcement’s eral appropriation into a $2 million conditions and materials which would ability to effectively track down crimi- project through the use of DNR con- later sicken and even kill some. Even nals and I urge my colleagues to sup- struction crews. The project not only today, we are still working to correct port it. served as a model for interagency co- this shameful injustice. After 1964, Paducah production began f operation, but provided substantial shifting to enriched uranium for com- ADDITIONAL STATEMENT savings to the taxpayers as well. Steve also added new research programs, mercial nuclear reactors; helping to provide the benefits of cleanly gen- modern equipment, and helped bring erated electric power to millions of TRIBUTE TO STEVE JORDAN about a renewed workplace atmos- people. After 1973, Paducah no longer phere. ∑ Mr. SARBANES. Mr. President, I rise enriched uranium for military pur- today to pay tribute to an outstanding In addition to his management re- poses. However, the plant continues to public servant and marine scientist, sponsibilities and achievements, Steve help create a more secure world as the Steve Jordan. Steve is retiring after a has continued to conduct research that U.S. recipient for nuclear materials distinguished 28-year career with the is vital to improving our understanding from the former Soviet arsenal. Under Maryland Department of Natural Re- of the Bay’s living marine resources. the Megatons to Megawatts program, sources, in higher educational institu- He has published or contributed to nu- nuclear weapons are dismantled in tions in Maryland and with the U.S. merous studies and symposia on oyster Russia and the nuclear material is Army Corps of Engineers. I want to ex- diseases, lesions in fish, and other crit- shipped to Paducah where it is repack- tend my personal congratulations and ical problems. He has chaired or par- aged and shipped worldwide for civilian thanks for his many years of service ticipated in many work groups exam- electric power production. and contributions to improving our re- ining key living resource research Over the last half century, a number search and management capabilities in needs and management strategies and of companies have operated the Padu- the Chesapeake Bay and one of the is a member or leader of half a dozen cah Gaseous Diffusion Plant. Carbide Bay’s premier research laboratories, professional associations including the and Carbon Chemicals Company, (later the Oxford Cooperative Lab. American Fisheries Society, National Union Carbide) was the original oper- Steve has dedicated nearly three dec- Shellfisheries Association, Atlantic Es- ator of the plant. Successor operators ades of his life to solving some of the tuarine Research Society, and National included Martin Marietta Energy Sys- key living marine resource problems of Association of Marine Laboratories. In tems, Lockheed Martin Energy Sys- the Chesapeake Bay, the diseases that recognition of his outstanding service, tems, and finally United States Enrich- have devastated the Bay’s oyster popu- Steve has received numerous awards ment Corporation, which took over di- lations, the loss of critical habitat, and and commendations, including certifi- rect operation of the plant in 1999, and the impacts of pollutants and low dis- cates of appreciation from both the continues as the operator today. Today solved oxygen on the Bay’s finfish and Chesapeake Bay Program and the 1,500 workers are employed at the Pa- shellfish populations. A graduate of Maryland Department of Natural Re- ducah Gaseous Diffusion Plant. What is The American University, Steve sources and an excellence award from remarkable is that despite the past worked his way through a master’s de- Maryland Governor Schaefer for the sins of the Federal Government, these gree in Biology at Morehead State Col- Chesapeake Executive Council. employees remain dedicated to their lege in Kentucky and a Ph.D. in ma- The efforts of Steve Jordan through- jobs and the important work they per- rine, estuarine and environmental out the past 28 years have earned him form every day. It is a testament to science from the University of Mary- the respect and admiration of everyone those individuals in particular and this land. He was selected as a Sea Grant with whom he has worked. The Chesa- region in general. Fellow with the University of Mary- peake Bay restoration effort has been In addition to the Paducah Gaseous land and Horn Point Environmental enhanced due to his labors and the Co- Diffusion Plant itself, an entire com- Laboratory and served as a faculty re- operative Oxford Laboratory has been plex of supporting plants were built to search associate with the University of renewed. I want to extend my personal support enrichment activities at Padu- Maryland Eastern Shore before being congratulations and thanks for his cah. Two electric generating plants named to head up the Maryland De- many years of hard work and dedica- were constructed to supply the large partment of Natural Resources’ Habi- tion and wish him the best in his fu- power demands of the Paducah Gaseous tat Impacts Program which managed ture endeavors.∑ Diffusion Plant. These were the TVA

VerDate 0ct 09 2002 04:02 Oct 16, 2002 Jkt 019060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\A15OC6.043 S15PT1 S10440 CONGRESSIONAL RECORD — SENATE October 15, 2002 Shawnee Steam Plant in western Ms. Deupree is the daughter of James land, as the ‘‘Bruce F. Cotta Post Office McCracken County, Kentucky, and the and Joy Deupree of Birmingham. Building’’. EEI plant in Joppa, Illinois. Addition- Scarlotte Deupree is a remarkable H.R. 5205. An act to amend the District of Columbia Retirement Protection Act of 1997 ally, a uranium hexaflouride plant was young woman, and we are proud to ∑ to permit the Secretary of the Treasury to constructed in Metropolis, IL. To- have her serve as our Miss Alabama. use estimated amounts in determining the gether, these four facilities comprise f service longevity component of the Federal the economic and industrial heart of benefit payment required to be paid under the region. IN HONOR OF THE SERVICE OF such Act to certain retirees of the Metropoli- In recent years, we have learned that THE HONORABLE M.D. CROCKER, tan Police Department of the District of Co- there were often risks associated with U.S. DISTRICT COURT JUDGE lumbia. H.R. 5316. An act to establish a user fee work at Paducah, particularly during ∑ Mrs. BOXER. Mr. President, today I the earlier years of its operation. Some system that provides for an equitable return honor and bring to the Senate’s atten- to the Federal Government for the occu- workers were exposed to cancer-caus- tion the exceptional judicial career and pancy and use of National Forest System ing chemicals and radiological hazards. service of Myron D. Crocker, U.S. Dis- lands and facilities by organizational camps Many of these workers have now bene- trict Court Judge for the Eastern Dis- that serve the youth and disabled adults of fited from the Energy Employees Occu- trict of California. America, and for other purposes. pational Illness Compensation Pro- A graduate of California State Uni- H.R. 5349. An act to facilitate the use of a gram, which I am proud to have helped versity at Fresno and the University of portion of the former O’Reilly General Hos- bring into existence. Working along- pital in Springfield, Missouri, by the local California’s Boalt Hall School of Law, Boys and Girls Club through the release of side the union representing the work- he was appointed to the Federal bench the reversionary interest and other interests ers, I have also fought to make sure by President Dwight D. Eisenhower in retained by the United States in 1955 when that medical screening is available to 1959. Judge Crocker continued to carry the land was conveyed to the State of Mis- all workers so that they may be tested an active caseload after taking senior souri. and treated for any problems they status in 1981. He is retiring after 43 H.R. 5361. An act to designate the facility incur as a result of working at the years of dedicated service as a federal of the United States Postal Service located at 1830 South Lake Drive in Lexington, plant. We have also embarked upon the judge. task of cleaning up some of the legacy South Carolina, as the ‘‘Floyd Spence Post Judge Crocker served under 10 presi- Office Building’’. waste materials left on the site. The dents, Eisenhower, Kennedy, Johnson, H.R. 5400. An act to authorize the Presi- Department of Energy’s recently an- Nixon, Ford, Carter, Reagan, Bush, dent of the United States to agree to certain nounced DUF6 conversion plant will be Clinton and George W. Bush. Our cur- amendments to the Agreement between the a huge step in this direction, as it will rent, President George W. Bush, was Government of the United States of America clean up thousands of cylinders of de- just 13 years old when Judge Crocker and the Government of the United Mexican pleted uranium hexaflouride which was named to the bench. States concerning the establishment of a have been stored on the site for dec- Border Environment Cooperation Commis- He is believed to have served longer sion and a North American Development ades. The conversion plant additionally than any other sitting Federal judge in Bank, and for other purposes. will add new jobs to the Paducah Gas- the Nation. He has presided over many H.R. 5439. An act to designate the facility eous Diffusion Plant complex. high profile cases in the Fresno area of the United States Postal Service located While significant challenges lie and during his travels throughout the at 111 West Washington Street in Bowling ahead for America’s domestic uranium United States as a visiting judge. Green, Ohio, as the ‘‘Delbert L. Latta Post enrichment industry, it is appropriate Judge Crocker is well respected Office Building’’. H.R. 5574. An act to designate the facility to pause on this occasion to commemo- throughout the legal community. He rate the Golden Anniversary of the Pa- of the United States Postal Service located has served California and the United at 206 South Main Street in Glenville, Geor- ducah Gaseous Diffusion Plant, and the States with great distinction. I am gia, as the ‘‘Michael Lee Woodcock Post Of- dedicated service of all the employees pleased to pay tribute to him today fice’’. over the last half century. The workers and I encourage my colleagues to join H.R. 5598. An act to provide for improve- at Paducah today continue the fine me in wishing Judge Crocker and his ment of Federal education research, statis- tradition of service, commitment, and family the very best as he celebrates tics, evaluation, information, and dissemina- productivity. I am sure they are up to his retirement from the Eastern Dis- tion, and for other purposes. any future challenge to be met in keep- H.R. 5601. An act to amend the Child Abuse trict.∑ Prevention and Treatment Act to make im- ing a viable domestic uranium enrich- ∑ f provements to and reauthorize programs ment capability. under that Act, and for other purposes. f MESSAGES FROM THE HOUSE The message also announced that the TRIBUTE TO SCARLOTTE DEUPREE Under the authority of the order of House has agreed to the following con- the Senate of January 3, 2001, the Sec- ∑ Mr. SHELBY. Mr. President, I rise current resolutions, in which it re- retary of the Senate, on October 5, 2001, today to recognize Scarlotte Deupree, quests the concurrence of the Senate: during the recess of the Senate, re- Miss Alabama 2002. Ms. Deupree was re- H. Con. Res. 406. Concurrent resolution ceived a message from the House of cently named First Runner Up in the honoring and commending the Lao Veterans Representatives announcing that the of America, Laotian and Hmong veterans of 2003 Miss America Pageant. the Vietnam War, and their families, for The accomplishments of Ms. Deupree House has passed the following bill, without amendment: their historic contributions to the United are many. She coordinated Alabama’s States. first Women in Literacy Summit in S. 2558. An act to amend the Public Health H. Con. Res. 467. Concurrent resolution ex- July, 2001 and was awarded a National Service Act to provide for the collection of pressing the sense of Congress that Lionel data on benign brain-related tumors through Hampton should be honored for his contribu- Daily Point of Light for her work to the national program of cancer registries. promote literacy. She is a Distin- tions to American music. guished Partner of the Literacy Coun- At 1:05 p.m., a message from the H. Con. Res. 486. Concurrent resolution House of Representatives, delivered by supporting the goals and ideals of Pancreatic cil of Central Alabama and has been a Cancer Awareness Month. certified literacy tutor with the Ms. Niland, one of its reading clerks, announced that the House has passed H. Con. Res. 487. Concurrent resolution au- Laubach Literacy Council Inter- thorizing the printing as a House document national. the following bills, in which it requests of a volume consisting of the transcripts of Ms. Deupree is also a former co-chair the concurrence of the Senate: the ceremonial meeting of the House of Rep- of the Sylacauga Adult Literacy Coun- H.R. 669. An act to designate the facility of resentatives and Senate in New York City on cil and an instructor with the Adult the United States Postal Service located at September 6, 2002, and a collection of state- Literacy Education Resource, ALERT. 127 Social Street in Woonsocket, Rhode Is- ments by Members of the House of Rep- land, as the ‘‘Alphonse F. Auclair Post Office resentatives and Senate from the Congres- She is a graduate of the Sylacauga Building’’. sional Record on the terrorist attacks of High School Honors Program and is an H.R. 670. An act to designate the facility of September 11, 2001. English major at Samford University the United States Postal Service located at 7 H. Con. Res. 504. Concurrent resolution in Birmingham, AL. Commercial Street in Newport, Rhode Is- congratulating the PONY League baseball

VerDate 0ct 09 2002 04:02 Oct 16, 2002 Jkt 019060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\G15OC6.025 S15PT1 October 15, 2002 CONGRESSIONAL RECORD — SENATE S10441 team of Norwalk, California, for winning the EC–9368. A communication from the Chair- munication Commission, transmitting, pur- 2002 PONY League World Championship. man of the Surface Transportation Board, suant to law, the report of a rule entitled f transmitting, pursuant to law, the report of ‘‘Implementation of the Cable Television a rule entitled ‘‘Revision of Delegation of Consumer Protection and Completion Act of MEASURES PLACED ON THE Authority Regulations’’ (Parte No. 588) re- 1992 and the Development of Competition CALENDAR ceived on October 2, 2002; to the Committee and Diversity in Video Programming Dis- on Commerce, Science, and Transportation. tribution: Section 628(c)(5) of the Commu- The following bills were read the sec- EC–9369. A communication from the Chief ond time, and placed on the calendar: nication Act-Sunset of Exclusive Contract of Regulations and Administrative Law, Prohibition’’ (Doc. No. 01–290) received on H.R. 4968. An act to provide for the ex- United States Coast Guard, Department of October 3, 2002; to the Committee on Com- change of certain lands in Utah. Transportation, transmitting, pursuant to merce, Science, and Transportation. S. 3099. A bill to provide emergency dis- law, the report of a rule entitled ‘‘Safety/Se- EC–9378. A communication from the Senior aster assistance to agricultural producers. curity Zone Regulations; Passenger Vessels, Legal Advisor, Media Bureau, Federal Com- S. 3100. A bill to amend title 18, United Portland Maine, Captain of the Port Zone’’ munication Commission, transmitting, pur- States Code, to limit the misuse of social se- ((RIN2115–AA97)(2002–0190)) received on Octo- suant to law, the report of a rule entitled curity numbers, to establish criminal pen- ber 4, 2002; to the Committee on Commerce, ‘‘Amendment of Section 73.202(b), Table of alties for such misuse, and for the other pur- Science, and Transportation. Allotments, FM Broadcast Stations Ben- poses. EC–9370. A communication from the Chief jamin, Texas’’ (Doc. No. 01–280) received on of Regulations and Administrative Law, f October 3, 2002; to the Committee on Com- United States Coast Guard, Department of merce, Science, and Transportation. EXECUTIVE AND OTHER Transportation, transmitting, pursuant to EC–9379. A communication from the Senior COMMUNICATIONS law, the report of a rule entitled ‘‘Draw- Legal Advisor, Media Bureau, Federal Com- bridge Regulations; Gasparilla Island Cause- The following communications were munication Commission, transmitting, pur- way Swingbridge, Gulf Intracoastal Water- suant to law, the report of a rule entitled laid before the Senate, together with way Boca Grande Charlotte County, FL’’ accompanying papers, reports, and doc- ((RIN2115–AE47)(2002–0084)) received on Octo- ‘‘Amendment of Section 73.202(b), Table of uments, which were referred as indi- ber 4, 2002; to the Committee on Commerce, Allotments, FM Broadcast Stations cated: Science, and Transportation. Rocksprings, Texas’’ (Doc. No. 01–279) re- EC–9371. A communication from the Chief ceived on October 3, 2002; to the Committee EC–9360. A communication from the Acting on Commerce, Science, and Transportation. Assistant Secretary of State for Legislative of Regulations and Administrative Law, United States Coast Guard, Department of EC–9380. A communication from the Senior Affairs, transmitting, pursuant to the Arms Legal Advisor, Media Bureau, Federal Com- Export Control Act, the report of a certifi- Transportation, transmitting, pursuant to law, the report of a rule entitled ‘‘Safety/Se- munication Commission, transmitting, pur- cation of a proposed issuance of export li- suant to law, the report of a rule entitled censes to Canada, Denmark, Italy, Norway, curity Zone Regulations; Calvert Cliffs Nu- clear Power Plant, Chesapeake Bay, Calvert ‘‘Amendment of Section 73.202(b), Table of The Netherlands, Turkey and the United Allotments, FM Broadcast Stations. Bethel Kingdom; to the Committee on Foreign Rela- County, Maryland’’ ((RIN2115–AA97)(2002– 0191)) received on October 4, 2002; to the Com- Springs, Martin, Tiptonville, Trenton, and tions. South Fulton, Tennessee’’ (Doc. No. 99–196) EC–9361. A communication from Assistant mittee on Commerce, Science, and Transpor- received on October 3, 2002; to the Committee Attorney General Office of Legislative Af- tation. EC–9372. A communication from the Chief on Commerce, Science, and Transportation. fairs, Department of Justice, transmitting, a of Regulations and Administrative Law, EC–9381. A communication from the Senior draft of proposed legislation entitled ‘‘Child United States Coast Guard, Department of Legal Advisor, Media Bureau, Federal Com- Abduction and Sexual Abuse Prevention Act Transportation, transmitting, pursuant to munication Commission, transmitting, pur- of 2002’’; to the Committee on the Judiciary. law, the report of a rule entitled ‘‘Handling EC–9362. A communication from the Prin- suant to law, the report of a rule entitled of Class 1 (Explosive) materials or Other cipal Deputy Associate Administrator of the ‘‘Amendment of Section 73.2002(b), Table of Dangerous Cargoes Within or Contiguous to Environmental Protection Agency, transmit- Allotments, FM Broadcast Stations Camp Waterfront Facilities’’ (RIN 2115–AE22) re- ting, a report entitled ‘‘Guidance for Submit- Wood, Texas’’ (Doc. No. 01–307) received on ceived on October 4, 2002; to the Committee ting Requests for Threshold of Regulation October 3, 2002; to the Committee on Com- on Commerce, Science, and Transportation. (TOR) Decisions to the Office of Pesticide merce, Science, and Transportation. EC–9373. A communication from the Chief EC–9382. A communication from the Senior Programs’’; to the Committee on Agri- of Regulations and Administrative Law, culture, Nutrition, and Forestry. Legal Advisor, Media Bureau, Federal Com- United States Coast Guard, Department of munication Commission, transmitting, pur- EC–9363. A communication from the Sec- Transportation, transmitting, pursuant to retary of Agriculture, transmitting, a draft suant to law, the report of a rule entitled law, the report of a rule entitled ‘‘Safety/Se- ‘‘Amendment of Section 73.202(b), Table of of proposed legislation ‘‘Omnibus Marketing curity Zone Regulations, Lower Mississippi Enforcement Act of 2002’’; to the Committee Allotments, FM Broadcast Stations (Wins- River, Southwest Pass Sea Buoy to Mile low, Camp Verde, Mayer and Sun City West, on Agriculture, Nutrition, and Forestry. Marker 96.0, New Orleans, LA’’ ((RIN2115– EC–9364. A communication from the Chief Arizona’’ (Doc. No. 99–246) received on Octo- AA97)(2002–0188)) received on October 4, 2002; ber 3, 2002; to the Committee on Commerce, of the Regulation Unit, Internal Revenue to the Committee on Commerce, Science, Service, Department of the Treasury, trans- Science, and Transportation. and Transportation. EC–9383. A communication from the Senior mitting, pursuant to law, the report of a rule EC–9374. A communication from the Chief Legal Advisor, Media Bureau, Federal Com- entitled ‘‘Substantially Equal Periodic Pay- of Regulations and Administrative Law, munication Commission, transmitting, pur- ments’’ (Rev. Rul. 2002–62) received on Octo- United States Coast Guard, Department of suant to law, the report of a rule entitled ber 7, 2002; to the Committee on Finance. Transportation, transmitting, pursuant to ‘‘Amendment of Section 73.622(b), Digital EC–9365. A communication from the Senior law, the report of a rule entitled ‘‘Safety/Se- Television Table of Allotments, Ontario, Regulations Analyst, Department of Trans- curity Zone Regulations (Including 2 Regula- CA’’ (Doc. No. 01–23) received on October 3, portation, transmitting, pursuant to law, the tions)’’ ((RIN2115–AA97)(2002–0193)) received report of a rule entitled ‘‘Procedures for on October 4, 2002; to the Committee on Com- 2002; to the Committee on Commerce, Compensation of Air Carriers’’ ((RIN2105– merce, Science, and Transportation. Science, and Transportation. AD06)(2002–0004)) received on October 4, 2002; EC–9375. A communication from the Senior EC–9384. A communication from the Senior to the Committee on Commerce, Science, Legal Advisor, Media Bureau, Federal Com- Legal Advisor, Media Bureau, Federal Com- and Transportation. munication Commission, transmitting, pur- munication Commission, transmitting, pur- EC–9366. a communication from Regula- suant to law, the report of a rule entitled suant to law, the report of a rule entitled tions Officer, Federal Motor Carrier Safety ‘‘Amendment of Section 73.202(b), Table of ‘‘Amendment of Section 73.202(b), Table of Administration, Department of Transpor- Allotments FM Broadcast Stations Allotments, FM Broadcast Stations. (Bev- tation, transmitting, pursuant to law, the re- Paragould, Arkansas’’ (Doc. No. 01–297) re- erly Hills and Spring Hill, Florida’’ (Doc. No. port of a rule entitled ‘‘Revision to Periodic ceived on October 3, 2002; to the Committee 02–25) received on October 3, 2002; to the Tire Check Requirement for Carriers Trans- on Commerce, Science, and Transportation. Committee on Commerce, Science, and porting Hazardous Materials’’ (RIN 2126– EC–9376. A communication from the Senior Transportation. AA74) received on October 10, 2002; to the Legal Advisor, Media Bureau, Federal Com- EC–9385. A communication from the Senior Committee on Commerce, Science, and munication Commission, transmitting, pur- Legal Advisor, Media Bureau, Federal Com- Transportation. suant to law, the report of a rule entitled munication Commission, transmitting, pur- EC–9367. A communication from the Chair- ‘‘Amendment of Section 73.622(b), Table of suant to law, the report of a rule entitled man of Surface Transportation Board, trans- Allotments, DTV Broadcast Stations, Flor- ‘‘Amendment of Section 73.202(b), Table of mitting, pursuant to law, the report of a rule ence, SD’’ (Doc. No. 02–102) received on Octo- Allotments, FM Broadcast Stations. (Alva, entitled ‘‘Removal of Joint Rate Cancella- ber 3, 2002; to the Committee on Commerce, Moorland, Tishomingo,Tuttle and Woodward, tion Regulations’’ (Parte No.639) received on Science, and Transportation. Oklahoma’’ (Doc. No. 98–115) received on Oc- October 2, 2002; to the Committee on Com- EC–9377. A communication from the Senior tober 3, 2002; to the Committee on Com- merce, Science, and Transportation. Legal Advisor, Media Bureau, Federal Com- merce, Science, and Transportation.

VerDate 0ct 09 2002 02:37 Oct 16, 2002 Jkt 019060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\A15OC6.022 S15PT1 S10442 CONGRESSIONAL RECORD — SENATE October 15, 2002 EC–9386. A communication from the Senior S. 3059: A bill to provide for the distribu- By Mr. LIEBERMAN, from the Committee Legal Advisor, Media Bureau, Federal Com- tion of judgment funds to the Assiniboine on Governmental Affairs, without amend- munication Commission, transmitting, pur- and Sioux Tribes of the Fort Peck Reserva- ment: suant to law, the report of a rule entitled tion. (Rept. No. 107–313). S. 2527: A bill to provide for health benefits ‘‘Amendment of Section 73.622(b), Table of By Mr. BINGAMAN, from the Committee coverage under chapter 89 of title 5, United Allotments, DTV Broadcast Stations Daw- on Energy and Natural Resources: States Code, for individuals enrolled in a son, Savannah, Pelham, Waycross, and Report to accompany S. 2556, a bill to au- plan administered by the Overseas Private Wrens, GA’’ (Doc. No. 02–104) received on Oc- thorize the Secretary of the Interior to con- Investment Corporation, and for other pur- tober 3, 2002; to the Committee on Com- vey certain facilities to the Fremont-Madi- poses. merce, Science, and Transportation. son Irrigation District in the State of Idaho. S. 2828: A bill to redesignate the facility of EC–9387. A communication from the Senior (Rept. No. 107–314). the United States Postal Service located at Legal Advisor, Media Bureau, Federal Com- By Mr. LIEBERMAN, from the Committee 6910 South Yorktown Avenue in Tulsa, Okla- munication Commission, transmitting, pur- on Governmental Affairs, without amend- homa, as the ‘‘Robert Wayne Jenkins Sta- suant to law, the report of a rule entitled ment: tion’’. S. 2840: A bill to designate the facility of ‘‘Amendment of Section 73.622(b), Table of H.R. 3034: A bill to redesignate the facility the United States Postal Service located at Allotments, DTV Broadcast Stations, Vic- of the United States Postal Service located 120 North Main Street in Fallon, Nevada, as at 89 River Street in Hoboken, New Jersey, toria, TX’’ (Doc. No. 01–161) received on Octo- the ‘‘Rollan D. Melton Post Office Building’’. ber 3, 2002; to the Committee on Commerce, as the ‘‘Frank Sinatra Post Office Building’’. S. 2918: A bill to designate the facility of Science, and Transportation. H.R. 3738: A bill to designate the facility of the United States Postal Service located at EC–9388. A communication from the Senior the United States Postal Service located at 380 Main Street in Farmingdale, New York, Legal Advisor, Media Bureau, Federal Com- 1299 North 7th Street in Philadelphia, Penn- as the ‘‘Peter J. Ganci, Jr. Post Office Build- munication Commission, transmitting, pur- sylvania, as the ‘‘Herbert Arlene Post Office ing’’. suant to law, the report of a rule entitled Building’’. S. 2929: A bill to designate the facility of ‘‘Amendment of Section 73.622(b), Table of H.R. 3739: A bill to designate the facility of the United States Postal Service located at Allotments, DTV Broadcast Stations, Lynch- the United States Postal Service located at 265 South Western Avenue, Los Angeles, burg, VA’’ (Doc. No. 02–75) received on Octo- 6150 North Broad Street in Philadelphia, California, as the ‘‘Nat King Cole Post Of- ber 3, 2002; to the Committee on Commerce, Pennsylvania, as the ‘‘Rev. Leon Sullivan fice’’. Science, and Transportation. Post Office Building’’. S. 2931: A bill to designate the facility of EC–9389. A communication from the Senior H.R. 3740: To designate the facility of the the United States Postal Service located at Legal Advisor, Media Bureau, Federal Com- United States Postal Service located at 925 5805 White Oak Avenue in Encino, California, munication Commission, transmitting, pur- Dickinson Street in Philadelphia, Pennsyl- as the ‘‘Francis Dayle ‘Chick’ Hearn Post Of- suant to law, the report of a rule entitled vania, as the ‘‘William A. Cibotti Post Office fice’’. ‘‘Amendment of Section 73.622(b), Table of Building’’. By Mr. LIEBERMAN, from the Committee Allotments, DTV Broadcast Stations, Sac- H.R. 4102: A bill to designate the facility of on Governmental Affairs, with an amend- ramento, CA’’ (Doc. No. 02–93) received on the United States Postal Service located at ment in the nature of a substitute and an October 3, 2002; to the Committee on Com- 120 North Maine Street in Fallon, Nevada, as amendment to the title: merce, Science, and Transportation. the ‘‘Rollan D. Melton Post Office Building’’. S. 2936: A bill to amend chapter 84 of title EC–9390. A communication from the Senior H.R. 4717: A bill to designate the facility of 5, United States Code, to provide that cer- Legal Advisor, Media Bureau, Federal Com- the United States Postal Service located at tain Federal annuity computations are ad- munication Commission, transmitting, pur- 1199 Pasadena Boulevard in Pasadena, Texas, justed by 1 percent relating to periods of re- suant to law, the report of a rule entitled as the ‘‘Jim Fonteno Post Office Building’’. ceiving disability payments, and for other ‘‘Amendment of Section 73.622(b), Table of H.R. 4755: A bill to designate the facility of purposes. Allotments, DTV Broadcasts Stations, Ama- the United States Postal Service located at By Mr. LIEBERMAN, from the Committee rillo, TX’’ (Doc. No. 02–96) received on Octo- 204 South Broad Street in Lancaster, Ohio, on Governmental Affairs, without amend- ber 3, 2002; to the Committee on Commerce, as the ‘‘Clarence Miller Post Office Build- ment: S. 3044: A bill to authorize the Court Serv- Science, and Transportation. ing’’. EC–9391. A communication from the Assist- H.R. 4794: A bill to designate the facility of ices and Offender Supervision Agency of the ant Secretary for Fish and Wildlife and the United States Postal Service located at District of Columbia to provide for the interstate supervision of offenders on parole, pro- Parks, The Department of the Interior, 1895 Avenida Del Oro in Oceanside, Cali- bation, and supervised release. transmitting, a draft of a joint resolution to fornia, as the ‘‘Ronald C. Packard Post Of- approve the location of the Dwight D. Eisen- fice Building’’. f hower Memorial in the Nation’s Capital; to H.R. 4797: A bill to redesignate the facility INTRODUCTION OF BILLS AND of the United States Postal Service located the Committee on Environment and Public JOINT RESOLUTIONS Works. at 265 South Western Avenue, Los Angeles, EC–9392. A communication from the Assist- California, as the ‘‘Nat King Cole Post Of- The following bills and joint resolu- ant Secretary for Fish and Wildlife and fice’’. tions were introduced, read the first Parks, Department of the Interior, transmit- H.R. 4878: To provide for estimates and re- and second times by unanimous con- ting, a draft joint resolution to approve the ports of improper payments by Federal agen- sent, and referred as indicated: location of a Memorial to former President cies. By Mr. BINGAMAN: John Adams and his legacy in the Nation’s H.R. 5308: A bill to designate the facility of S. 3111. A bill to compensate agricultural Capital; to the Committee on Environment the United States Postal Service located at producers in the State of New Mexico that 301 South Howes Street in Fort Collins, Colo- and Public Works. suffered crop losses as a result of use of a EC–9393. A communication from Comp- rado, as the ‘‘Barney Apodaca Post Office’’. herbicide by the Bureau of Land Manage- troller General, transmitting, pursuant to H.R. 5333: A bill to designate the facility of ment; to the Committee on Agriculture, Nu- law, a report relative to the withdrawal of the United States Postal Service located at 4 trition, and Forestry. two deferrals of budget authority; to the East Central Street in Worcester, Massachu- By Mr. MCCAIN: setts, as the ‘‘Joseph D. Early Post Office Committees on Appropriations; the Budget; S. 3112. A bill to amend the Internal Rev- and Foreign Relations. Building’’. enue Code of 1986 to provide for a deferral of H.R. 5336: A bill to designate the facility of tax on gain from the sale of telecommuni- f the United States Postal Service located at cations businesses in specific circumstances REPORTS OF COMMITTEES 380 Main Street in Farmingdale, New York, or a tax credit and other incentives to pro- as the ‘‘Peter J. Ganci, Jr. Post Office Build- mote diversity of ownership in telecommuni- The following reports of committees ing’’. were submitted: cations businesses; to the Committee on Fi- By Mr. LIEBERMAN, from the Committee nance. By Mr. JEFFORDS, from the Committee on Governmental Affairs, with an amend- By Mr. ENSIGN: on Environment and Public Works, with an ment in the nature of a substitute: S. 3113. A bill to amend the Internal Rev- amendment in the nature of a substitute and S. 1651: A bill to establish the United enue Code of 1986 to provide additional an amendment to the title: States Consensus Council to provide for a choice regarding unused health benefits in H.R. 1070: A bill to amend the Federal consensus building process in addressing na- cafeteria plans and flexible spending ar- Water Pollution Control Act to authorize the tional public policy issues, and for other pur- rangements; to the Committee on Finance. Administrator of the Environmental Protec- poses. tion Agency to carry out projects and con- By Mr. SARBANES, from the Committee f duct research for remediation of sediment on Banking, Housing, and Urban Affairs, SUBMISSION OF CONCURRENT AND contamination in areas of concern in the with amendments: SENATE RESOLUTIONS Great Lakes, and for other purposes. (Rept. S. 2239: A bill to amend the National Hous- No. 107–312). ing Act to simplify the downpayment re- The following concurrent resolutions By Mr. INOUYE, from the Committee on quirements for FHA mortgage insurance for and Senate resolutions were read, and Indian Affairs, without amendment: single family homebuyers. referred (or acted upon), as indicated:

VerDate 0ct 09 2002 02:37 Oct 16, 2002 Jkt 019060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\A15OC6.035 S15PT1 October 15, 2002 CONGRESSIONAL RECORD — SENATE S10443 By Mr. SANTORUM (for himself and the Economic Growth and Tax Relief (Mr. SARBANES) was added as a cospon- Mr. BROWNBACK): Reconciliation Act of 2001 with respect sor of S. 3054, a bill to provide for full S. Res. 340. A resolution affirming the im- to the exclusion from Federal income voting representation in Congress for portance of a national day of prayer and tax for restitution received by victims the citizens of the District of Colum- fasting, and designating November 27, 2002, as a national day of prayer and fasting; to of the Nazi Regime. bia, and for other purposes. the Committee on the Judiciary. S. 2582 S.J. RES. 49 By Mr. HATCH (for himself, Mr. REID, At the request of Mr. LIEBERMAN, the At the request of Mr. AKAKA, the Mr. EDWARDS, Mr. INOUYE, Mr. KEN- name of the Senator from California name of the Senator from Washington NEDY, Ms. LANDRIEU, Mr. NELSON of (Mrs. BOXER) was added as a cosponsor (Mrs. MURRAY) was added as a cospon- Nebraska, Mr. SMITH of Oregon, Mr. of S. 2582, a bill to require a report to sor of S.J. Res. 49, a joint resolution WYDEN, Mr. WARNER, Mr. NICKLES, Congress on a national strategy for the Ms. STABENOW, and Mrs. LINCOLN): recognizing the contributions of Patsy S. Res. 341. A resolution designating Thurs- deployment of high speed broadband Takemoto Mink. day, November 21, 2002, as ‘‘Feed America Internet telecommunications services, S. RES. 307 Thursday’’; considered and agreed to. and for other purposes. At the request of Mr. TORRICELLI, the By Ms. COLLINS (for herself and Mr. S. 2655 name of the Senator from North Da- FEINGOLD): At the request of Mr. ROCKEFELLER, kota (Mr. CONRAD) was added as a co- S. Con. Res. 153. A concurrent resolution the name of the Senator from Arkansas expressing the sense of the Congress that sponsor of S. Res. 307, a resolution re- there should be established an annual Na- (Mrs. LINCOLN) was added as a cospon- affirming support of the Convention on tional Visiting Nurse Associations Week; to sor of S. 2655, a bill to amend titles the Prevention and Punishment of the the Committee on Health, Education, Labor, XVIII and XIX of the Social Security Crime of Genocide and anticipating the and Pensions. Act to improve access to long-term commemoration of the 15th anniver- care services under the medicare and f sary of the enactment of the Genocide medicaid programs. Convention Implementation Act of 1987 ADDITIONAL COSPONSORS S. 2712 (the Proxmire Act) on November 4, S. 627 At the request of Mr. HAGEL, the 2003. At the request of Mr. GRASSLEY, the name of the Senator from Louisiana S. RES. 322 name of the Senator from Vermont (Ms. LANDRIEU) was added as a cospon- At the request of Mrs. LINCOLN, the (Mr. JEFFORDS) was added as a cosponsor of S. 2712, a bill to authorize eco- name of the Senator from Connecticut sor of S. 627, a bill to amend the Inter- nomic and democratic development as- (Mr. DODD) was added as a cosponsor of nal Revenue Code of 1986 to allow indi- sistance for Afghanistan and to author- S. Res. 322, a resolution designating viduals a deduction for qualified long- ize military assistance for Afghanistan November 2002, as ‘‘National Epilepsy term care insurance premiums, use of and certain other foreign countries. Awareness Month’’. such insurance under cafeteria plans S. 2790 S. CON. RES. 94 and flexible spending arrangements, At the request of Ms. CANTWELL, the At the request of Mr. WYDEN, the and a credit for individuals with long- name of the Senator from Iowa (Mr. name of the Senator from Pennsyl- term care needs. HARKIN) was added as a cosponsor of S. vania (Mr. SANTORUM) was added as a S. 1020 2790, a bill to provide lasting protection cosponsor of S. Con. Res. 94, A concur- At the request of Mr. HARKIN, the for inventoried roadless areas within rent resolution expressing the sense of names of the Senator from Colorado the National Forest System. Congress that public awareness and (Mr. CAMPBELL), the Senator from Ha- S. 2869 education about the importance of waii (Mr. INOUYE), the Senator from At the request of Mr. KERRY, the health care coverage is of the utmost Maine (Ms. COLLINS) and the Senator names of the Senator from Iowa (Mr. priority and that a National Impor- from South Dakota (Mr. JOHNSON) were HARKIN) and the Senator from Colorado tance of Health Care Coverage Month added as cosponsors of S. 1020, a bill to (Mr. ALLARD) were added as cosponsors should be established to promote that amend title XVIII of the Social Secu- of S. 2869, a bill to facilitate the ability awareness and education. rity Act to improve the provision of of certain spectrum auction winners to S. CON. RES. 138 items and services provided to medi- pursue alternative measures required At the request of Mr. REID, the name care beneficiaries residing in rural in the public interest to meet the needs of the Senator from Vermont (Mr. JEF- areas. of wireless telecommunications con- FORDS) was added as a cosponsor of S. S. 2386 sumers. Con. Res. 138 , a concurrent resolution At the request of Mrs. LINCOLN, the S. 2884 expressing the sense of Congress that names of the Senator from Nevada (Mr. At the request of Mr. BAUCUS, the the Secretary of Health And Human ENSIGN) and the Senator from Lou- name of the Senator from Arkansas Services should conduct or support re- isiana (Ms. LANDRIEU) were added as (Mrs. LINCOLN) was added as a cospon- search on certain tests to screen for cosponsors of S. 2386, a bill to amend sor of S. 2884, a bill to improve transit ovarian cancer, and Federal health title XVIII of the Social Security Act service to rural areas, including for el- care programs and group and indi- to authorize physical therapists to di- derly and disabled. vidual health plans should cover the agnose, evaluate, and treat medicare S. 2935 tests if demonstrated to be effective, beneficiaries without a requirement for At the request of Mr. GREGG, the and for other purposes. a physician referral, and for other pur- name of the Senator from Virginia (Mr. S. CON. RES. 142 poses. WARNER) was added as a cosponsor of S. At the request of Mr. SMITH of Or- S. 2480 2935, a bill to amend the Public Health egon, the name of the Senator from At the request of Mr. LEAHY, the Service Act to provide grants for the Maine (Ms. COLLINS) was added as a co- name of the Senator from Michigan operation of mosquito control pro- sponsor of S. Con. Res. 142, a concur- (Ms. STABENOW) was added as a cospon- grams to prevent and control mos- rent resolution expressing support for sor of S. 2480, a bill to amend title 18, quito-borne diseases. the goals and ideas of a day of tribute United States Code, to exempt quali- S. 2935 to all firefighters who have died in the fied current and former law enforce- At the request of Ms. LANDRIEU, the line of duty and recognizing the impor- ment officers from state laws prohib- names of the Senator from Indiana tant mission of the Fallen Firefighters iting the carrying of concealed hand- (Mr. BAYH), the Senator from Arkansas Foundation in assisting family mem- guns. (Mrs. LINCOLN) and the Senator from bers to overcome the loss of their fall- S. 2577 South Dakota (Mr. JOHNSON) were en heroes. At the request of Mr. FITZGERALD, added as cosponsors of S. 2935, supra. S. CON. RES. 148 the name of the Senator from Illinois S. 3054 At the request of Mr. BROWNBACK, the (Mr. DURBIN) was added as a cosponsor At the request of Mr. LIEBERMAN, the names of the Senator from Illinois (Mr. of S. 2577, a bill to repeal the sunset of name of the Senator from Maryland DURBIN) and the Senator from North

VerDate 0ct 09 2002 02:37 Oct 16, 2002 Jkt 019060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\A15OC6.027 S15PT1 S10444 CONGRESSIONAL RECORD — SENATE October 15, 2002 Carolina (Mr. HELMS) were added as co- bility for the contamination. Moreover, The bill I am introducing today sim- sponsors of S. Con. Res. 148, a concur- normal crop insurance doesn’t cover ply authorizes the Secretary of Agri- rent resolution recognizing the signifi- damage caused by chemicals. culture, in consultation with the Sec- cance of bread in American history, What are the farmers of Malaga, NM, retary of the Interior, to use funds of culture, and daily diet. to do? Through no fault of their own, the Commodity Credit Corporation to f they have lost their crops, and the Fed- compensate the farmers for their eral Government is not willing to take losses. We are still working with the STATEMENTS ON INTRODUCED responsibility. For example, Mr. Oscar Cooperative Extension Service at New BILLS AND JOINT RESOLUTIONS Vasquez and his family have lost 130 Mexico State University to determine By Mr. BINGAMAN: acres of cotton, 20 acres of hay and 1 the total amount of the losses, but in S. 3111. A bill to compensate agricul- acre of full-grown pecan trees. As Mr. light of the small area affected, I fully tural producers in the State of New Vasquez points out, his losses may per- expect the sums needed to be very mod- Mexico that suffered crop losses as a sist for several years. He has asked for est, indeed. result of use of a herbicide by the Bu- my assistance in securing compensa- Mr. President, I ask unanimous con- reau of Land Management; to the Com- tion for his losses. I ask unanimous sent that a letter supporting this legis- mittee on Agriculture, Nutrition, and consent that a letter to me by Mr. lation from Frank DuBois, New Mexi- Forestry. Vasquez be printed in the RECORD at co’s Secretary of Agriculture, exhibit 4, Mr. BINGAMAN. Mr. President, I rise the conclusion of my remarks, exhibit and a copy of the bill be printed in the today to introduce a bill that I do be- 2. It appears that as many as nine RECORD. lieve should not be necessary, and I farmers have suffered direct losses There being no objection, the bill and hope ultimately will not be needed. Un- from the contamination of their crops additional material was ordered to be fortunately, the failure of the Federal and an additional thirteen farmers suf- printed in the RECORD, as follows: Government to own up to its responsi- fered losses when they couldn’t irrigate S. 3111 bility has left a small group of farmers because of the contamination in the Be it enacted by the Senate and House of Rep- in Southern New Mexico with no other water. resentatives of the United States of America in option. I have urged the heads of BLM and Congress assembled, As I understand it, last July the Bu- NRCS in the strongest terms possible SECTION 1. COMPENSATION OF NEW MEXICO reau of Land Management and the Nat- to do what they can to assist the farm- PRODUCERS FOR CROP DAMAGE ural Resources Conservation Service ers of Malaga. Unfortunately, nobody FROM BLM USE OF HERBICIDE. applied herbicide, Tebuthiuron, on a wants to take responsibility. The Fed- (a) IN GENERAL.—The Secretary of Agri- ranch in Southern Eddy County to help culture, in consultation with the Secretary eral Government’s response so far is to of the Interior, may use such funds of the control woody brush. The brush control suggest the farmers sue the govern- Commodity Credit Corporation as are nec- was part of an EQIP project under ment, but that’s a long, drawn-out essary to compensate agricultural producers NRCS. process. It is also an unacceptable re- in the State of New Mexico that suffered I have no reason to doubt the appli- sponse if the Federal Government is crop losses as a result of the use of the herbi- cation was consistent with label re- found to be responsible. cide tebuthiuron by the Bureau of Land Man- quirements and normal practice. Un- The farmers of Malaga need help pay- agement during the 2002 calendar year. fortunately, as frequently happens in ing their bills now. These are not rich (b) LIABILITY.—Nothing in this section con- New Mexico in July, a heavy rainstorm people, but hard working family farm- stitutes an admission of liability by the United States arising from the use of the struck the area and the pellets of her- ers. Many have farmed the same land herbicide tebuthiuron by the Bureau of Land bicide were apparently washed into the for many, many years. I ask unani- Management. Black River. The river is the source of mous consent that a recent article (c) REGULATIONS.— irrigation water for a number of farm- from the Carlsbad Current Argus de- (1) IN GENERAL.—The Secretary of Agri- ers in the vicinity of the town of Mal- scribing the impact this event is hav- culture may promulgate such regulations as aga. ing on a number of the farmers of Mal- are necessary to implement this section. Unaware of the contamination in the aga be printed in the RECORD at the end (2) PROCEDURE.—The promulgation of the water, farmers irrigated their fields in of my remarks, exhibit 3. regulations and administration of this sec- the normal way. Almost immediately, At this point I don’t see any other tion shall be made without regard to— (A) the notice and comment provisions of damage to cotton, hay and other crops option than to ask that Congress pro- section 553 of title 5, United States Code; was observed. The Eddy County Exten- vide some relief to the farmers of Mal- (B) the Statement of Policy of the Sec- sion Office of the Cooperative Exten- aga that have suffered losses because of retary of Agriculture effective July 24, 1971 sion Service at New Mexico State Uni- this unfortunate situation. I note that (36 Fed. Reg. 13804), relating to notices of versity was asked to investigate the last year Congress provided financial proposed rulemaking and public participa- damage to the crops. compensation to farmers in Idaho that tion in rulemaking; and Mr. Woods E. Houghton of the Eddy suffered crop losses in a very similar (C) chapter 35 of title 44, United States County Office conducted a thorough re- situation and where BLM and NRCS re- Code (commonly known as the ‘‘Paperwork Reduction Act’’). view of the evidence and in a report fused to provide compensation. When a (3) CONGRESSIONAL REVIEW OF AGENCY RULE- dated August 20, 2002, concluded that federal program was clearly the source MAKING.—In carrying out this subsection, the Tebuthiuron was the likely cause of of the contamination in the water, I do Secretary shall use the authority provided the crop damage. The report noted lev- believe the government has a responsi- under section 808 of title 5, United States els of Tebuthiuron of over 2 parts per bility to come to the assistance of the Code. million in some samples. Later tests by people who have suffered losses. COOPERATIVE EXTENSION SERVICE, the State Chemistry Laboratory found It is my hope that the agencies in- NEW MEXICO STATE UNIVERSITY, levels over 5 pm. I ask unanimous con- volved will step forward, acknowledge Las Cruces, NM, August 20, 2002. sent that the August 20th Cooperative their responsibility, and do what is Saturation report of cotton damage in the Extension Service report be printed in right and necessary to compensate the Malaga NM area approximately, 350 acres. Background: Oscar Vasquez farm, and his the RECORD at the conclusion of my re- farmers. Unfortunately, it now appears landlords. marks, exhibit 1. the agencies are not inclined to do the 2001 crop year, cotton except 10 acres All the evidence seems to point to right thing. Instead, they tell us the af- (Duarte); 23 acres on home place, which was the government’s application of fected farmers are free to file a tort in alfalfa. Tebuthiuron as the most likely source claim; we all know what a costly and Pre 15 January 2002 field were moldboard, of the poisoning of the crops in Malaga. time-consuming process any legal ac- disked to comply with pink bollworm regula- Last month, I asked the heads of BLM tion can be. However, the farmers need tions. They were also treated with 1 pint and NRCS to look into the situation help right now. While it is not the best Trifluralin, 1 pint Caporal per acre. This was incorporated with a spring tooth harrow and and to advise me what recourse is way, I do believe Congressional action disked one time. Watered on 15–30 January available to the farmers who have lost may be the only way of getting these 2002 and first part of February 2002, with their crops. Unfortunately, the agen- farmers the financial help they need in black river water. cies have not assumed any responsi- a timely manner. 15 March 2002 stale bed worked up.

VerDate 0ct 09 2002 03:14 Oct 16, 2002 Jkt 019060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\A15OC6.030 S15PT1 October 15, 2002 CONGRESSIONAL RECORD — SENATE S10445 21 April 2002 Planted with DG–206 NK seed. has resulted in cotton crop losses. That flash [From the Current Argus, Oct. 5, 2002] 25 June 2002 irrigated with CID water. flooding may have contributed to off target FIGHTING FOR THE FARM: MALAGA FARMERS 2 July 2002 Cultivated. movement of products containing FACE UNCERTAIN FUTURE AFTER CROPS 10–11 July 2002 sprayed for boll-worms Tebuthiuron. DAMAGED (Heliothis zia) with 1.5 pint Lorsban and 1- WOODS E. HOUGHTON, (By Stella Davis) pint Amigo surfactant per acre. Eddy County Agriculture Agent/ 26 July 2002 Boll weevil control committee Acting Program Director. MALAGA.—Oscar and Gloria Vasquez sit at sprayed fields Malthion ULV. the table in their dining room with a morn- 20–23 July 2002 Irrigated with black river ing cup of coffee. But these days, the couple water. SEPTEMBER 17, 2002. gets little pleasure in gazing out through the 18–19 July 2002 Rain floodwater on black Senator JEFF BINGAMAN, large dining room window facing their farm river. Albuquerque, NM. fields. 27 July 2002 Oscar noticed problems with DEAR SENATOR BINGAMAN: I am writing Where normally they would see healthy cotton. this letter to ask for your help with a serious stands of cotton, all they see now are rows of 30 July 2002 Oscar called Woods E. Hough- problem that has occurred on my own Farm, small, leafless cotton stalks with stringy ton county agent. and my rented Farms. cotton bolls. 31 July 2002 Woods E. Houghton visited The couple farms about 320 acres—145 acres Oscar Vasquez farm, and concluded some- My name is Oscar Vasquez, I farm approxi- are owned by them and the 175 remaining thing in the water caused problems. Woods mately 320 acres of cotton, and alfalfa for 27 acres they sharecrop for three other families took soil and plant samples. Samples sent to years. I own 145 acres, and share crop 175 who depend on the income from their shares. Dr. Bob Flynn for Ecreading. Dr. Goldberg acres from my neighbors, Mr. Damon Bond, Disaster struck Malaga farmers in late and Dr. McWilliams for diagnosis of disease Mrs. Catalina Carrasco, and Mr. Pedro July when they watered their fields from the or nutrition disorders if they occurred. Sur- Duarte. Black River diversion dam, unaware the face water bureau notified NM ED depart- On July 20, 2002, I began watering my cot- water had been contaminated with the herbi- ment Dr. Jim Davis. Suspected possible ille- ton with Black River water as I would nor- cide, tebuthiuron. gal disposal of produced water which is high mally, and continued for 8 days. On July 27, Later they discovered the Bureau of Land in saline. High salt consternation could 2002, I began to see wilting effects on the cot- Management applied the herbicide on the cause similar damage. ton fields I started watering first. I con- ground just above the diversion dam to con- 7 Aug 2002 Woods Houghton and Jim tacted Mr. Woods Houghton, our Eddy Coun- trol woody vegetation on range and ranch- Ballard of Eddy County Sheriff Office, flew ty Extension agent. He came and saw the land. over and photographed. Talked with Oscar damage on my cotton, it took us till August The chemical was applied in conjunction again. Recalled BLM treated a number of 7, 2002, to conclude that my cotton had re- with a federal cost share program through the Natural Resource Conservation Service, acres above on the black river with Spike ceived the damage thru the contaminated iran agency of the U.S. Department of Agri- (Tebuthiuron) 8 July 2002. Confirmed this rigation water. We also concluded that the culture. The rancher and the federal agency with Mr. Mike Ramirez BLM. Reported pos- BLM had applied herbicide called share the cost of applying the chemical on sible off target effects to Ms. Margery Lewis Tebuthiuron (Spike) to approximately 2400 NMDA and Mr. Russell Knight NMDA. Con- private ranch land. acres on Three Mile Draw which is on the ferred with Mr. Tom Davis CID. ‘‘This crop is our income. It’s our living. Gene & Kathy Hood Ranch, above the Black 8 Aug 2002 Dr. Flynn reported that the We are losing money, and the bills are com- River Irrigation Diversion Dam. unhealthy plants had a lower Ec value then ing in,’;’ Oscar Vasquez said. ‘‘I can survive the healthy plant soil samples. The problem The BLM and the NRCS (National Re- this year, but there are other farmers who most likely not salt or produced water. source Conservation Services), applied this won’t. They will be wiped out financially. I 16 Aug 2002 Received from Dr. Goldberg di- chemical to control brush on the Hood have two cousins, Tony and Mike Vasquez, agnosis record, which indicated that no plant Ranch. The chemical was applied by airplane who also have crop damage. They are in pathogenic microorganisms were isolated in pellet form on July 8, 9, & 12. The Hood their sixties and the income loss will be dev- from the sample submitted. Ranch received a 21⁄2″ rain in 45 minutes on astating for them.’’ Symptoms: Plant Yellowing at top and the 18th & 19th of July washing the chemical Oscar Vasquez, 53, said he has always tried then turned clororotic followed by necrosis in the Black River. I began to irrigate my to meet his commitments and financial obli- between veins and on leaf edges with DG–206. cotton on July 20, 2002. My cotton crop has gations and is proud that he and his wife On ACLA 1517–99 started from bottom to top since sustained severe damage, with the have put five children and a daughter-in-law but same symptoms. Fruit drop starts first. chemical terminating the crop before matu- through college. Plants die from top down. Some plants ap- rity, therefore my crop is totally ruined. ‘‘My wife and I put them through college, pear to recover set new flowers and attempt- and our youngest is ready to graduate. They I have contacted my cotton buyer and he ing new growth. Most 90% or more die back all went into engineering and graduated does not want to buy my cotton crop this almost completely. Symptoms atypical of from New Mexico State University. We year. I have sold him 23 consecutive cotton Spike but consistent with chlorophyll inhibi- worked hard on the farm to make the income tors. Also the root hairs are dead and brittle crops in the past. What am I to do with this to put them through college. It’s expensive do not stay attached to plant when pulled damaged crop? Do I harvest it? If I do, who to put kids through college, but we managed. up. will buy it? Or do I destroy it, or graze it? I I feel it is a privilege to send my kids to Other Information: On contact with BLM need answers to all these questions. school. The next few months are going to be and NRCS equip project on three mile draw New Mexico Agriculture Department has tight in meeting our son’s college expenses. area was treated with Tebuthiuron (Spike not assumed the responsibility to let me This couldn’t have come at a worse time. 20p) on 8 July 02. Approximately 2,300 acres know what to do. The BLM has not assumed He’s close to finishing. were treated some at 0.5AI and some at 0.75 the responsibility either. What are my Land- ‘‘We will make it through this year finan- AI per acre. This draw drains in to the black lords going to do for income this year. Mr. & cially, but I don’t know what is going to hap- river above the diversion. The diversion di- Mrs. Damon Bond are 86 years old, Mrs. Cat- pen next year,’’ he said. ‘‘We don’t know how verts water to the farms, which are reporting alina Carrasco is 68 years old, and a widow, long the soil will stay contaminated. I have damage. M&M Air Service was the appli- Mr. Pedro Duarte is a little better off, he is a payment coming due on a mechanical cator. Laboratory results from Analytical 47 years old and has a job. I am 53 years old baler, and there are costs associated with Pesticide Technology Laboratories with the last of 5 children attending NMSU. planting cotton that I will have to cover Wyamissing Pa. Reported results of soil 0.187 My wife and I do not hire any help on the without the income from the crops. I usually ppm, cotton 1 1.66ppm, cotton 2 2.03ppm, Elm Farm, we do all the tractor and manual grow hay and cotton. But because water was collected at diversion 0.196ppm, Cottonwood labor work ourselves scarce this year, I chose to grow cotton and collected at diversion 0.329ppm. These sam- put all the water on it. Now I don’t have any- We would appreciate an answer to all our ples were collected by Mr. Tom Davis and thing.’’ problems, preferably our income problem. submitted by Carisbad Irrigation District for In another farmhouse about a mile down The long term damage of these chemical ef- analysis. Samples were also taken by Mr. the road, Dick Calderon worries how he is fect is 5 years, or longer. Thank you for your Russell Knight and Mr. Woods Houghton on going to take care of his wife, twin 4-year- cooperation. 09 Aug. 02. The hydrograph of blackriver at old daughters, a 6-year-old son and his elder- Sincerely yours, USGS gauging station above the diversion ly parents living next door, as well as meet- OSCAR VASQUEZ but below three-mile draw show the water ing all his financial obligations. flow on the 17 July at less then 4 CFS, on 18– P.S. Please see attached evidence gathered Over half of his cotton crop is dying from 19 July it peaked at greater the 100 CFS. by Woods Houghton NM Eddy County Exten- water contamination, and his alfalfa died This area experienced high intensity short sion Agent, and the test results on soil and due to lack of water. duration storm in this time frame. There are foliage samples by N.M.A.D. Laboratories. His Federal farm loans are coming due, as older treatment areas in the vicinity as well. The total acreage is 130 acres of Cotton, 20 are his tractor and equipment loans. Conclusion: Tebuthiuron Herbicide con- acres of Hay, and 1 acre of full grown Pecan Damon and Marie Bond, both 86, rely on in- tamination of black river prior to irrigation Trees, on the Oscar Vasquez Farm. come from the farm that the Vasquezes

VerDate 0ct 09 2002 03:14 Oct 16, 2002 Jkt 019060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\A15OC6.067 S15PT1 S10446 CONGRESSIONAL RECORD — SENATE October 15, 2002 sharecrop for them. This year they will have soil will be contaminated. It could be several farmers. Our investigation is not complete at to live on less. Their cotton crop is also dam- years. But no one is stepping up to take this time, but I believe it is very important aged. blame for what has happened. The cotton is to bring this matter to your attention since The Vasquezes, Calderon and the Bondses still in the gound, and we don’t know what the relevant appropriation bills have not are among 11 families that have fallen vic- to do with it. been passed by Congress. tim to the agriculture disaster. Mike Vasquez, who retired after 30 years If you have any questions, please contact They say they are frustrated they feel the with the city of Carlsbad’s water depart- me. state Department of Agriculture—the lead ment, said farming supplements his modest Sincerely, agency in the investigation of the crop kill— retirement income from the city, and he has FRANK A. DUBOIS. has not given them answers or direction on had many recent sleepless nights worrying what they should do with their contami- how he is going to pay his farm loans. By Mr. McCAIN: nated crops. Even worse, they said, no one ‘‘The worry is making me physically sick,’’ has stepped up to the plate to take responsi- he said. ‘‘We need some answers, and nobody S. 3112. A bill to amend the Internal bility. is giving them to us. We also need some fi- Revenue Code of 1986 to provide for a ‘‘I began watering my cotton with Black nancial relief. There has to be someone out deferral of tax on gain from the sale of River water as I would normally and contin- there that can give us the answers we need.’’ telecommunications businesses in spe- ued for eight days,’’ Vasquez said. ‘‘On July Marie Bond, 86, who lives near Oscar and cific circumstances or a tax credit and 27, I began to see wilting effects on the Gloria Vasquez, said the loss of income this other incentives to promote diversity cottom fields that I started watering first.’’ year is a blow, but she and her husband will of ownership in telecommunications Alarmed, Vasquez contacted the county ex- just have to tighten their belts and make do businesses; to the Committee on Fi- tension agent to identify the cause. with less. ‘‘I contacted Woods Houghton, and he ‘‘Anything that happens to Oscar happens nance. worked with me to determine what caused to us,’’ she said. ‘‘My husband and I have Mr. MCCAIN. Mr. President, today I the damage,’’ Vasquez said. ‘‘He’s been the weathered some rough times in our lives and, am introducing The Telecommuni- only one who has tried to help us and do although the income from the farm is impor- cations Ownership Diversity Act of right by us.’’ tant, we will make, it. It’s a lot harder on 2002. This legislation is designed to en- Houghton’s detective work, poring over Oscar because he has the expenses that have sure that new entrants and small busi- books and data for many hours, revealed the to be paid and there is no money coming in cotton crop showed classic signs of chemical nesses will have the chance to partici- right now,’’ she said. pate in today’s telecommunications damage. More sleuthing on his part showed ‘‘This is something that should not have tebuthiuron was the cause. happened. It could have been avoided. It’s marketplace. After further investigation, farmers just terrible.’’ At a time when the telecommuni- learned the chemical had been applied in the DEPARTMENT OF AGRICULTURE, cations industry is economically de- early part of July. On July 18 and 19, more pressed, this bill promotes the entry of than 2 inches of rain fell on the Black River STATE OF NEW MEXICO, area in a 45–minute period, and the chemical Las Cruces, NM, October 3, 2002. new competitors and small businesses washed into the river. Hon. JEFF BINGAMAN, into the field by providing carefully Within days of Vasquez’s report of crop U.S. Senate, Hart Senate Office Building, limited changes to the tax law. Too losses, other farmers who irrigated shortly Washington, DC. often today, new entrants and small after the rain began reporting crop losses DEAR SENATOR BINGAMAN: We have re- businesses lose out on opportunities to that ranged from cotton—the most suscep- ceived complaints from 22 farmers in the Carlsbad region indicating they have crop purchase telecom assets because they tible to tebuthiuron-to alfalfa and pecan and don’t offer sellers the same tax treat- cottonwood trees. damage which appears to be from alleged Calderon said the fear is ever present that movement of a herbicide from an area treatment as their larger competitors. Spe- the family farm could be lost. ed by the Bureau of Land Management cifically, a small purchaser’s cash offer ‘‘We are going into the third month, and (BLM) and the Natural Resource Conserva- triggers tax liability, while a larger we have not got any answers yet,’’ Calderon tion Service (NRCS). We are currently inves- purchaser’s cash offer triggers tax li- said. ‘‘The financial stress for me is pretty tigating the complaints to determine if there ability, while a larger purchaser’s high right now. I planted 45 acres of cotton, were violations of state or federal law. I seek stock offer may be accepted effectively and I’ve lost over half. I also lost my hay your assistance in providing financial support for the individuals whose crops were tax-free. When an entity chooses to sell too. I had to stop watering because the water a telecom business, our tax laws should was contaminated. It’s dried up, and farming damaged. has come to a dead stop for a lot of us. We On August 7, 2002, the New Mexico Depart- not make one bidder more attractive need some answers. We don’t know what to ment of Agriculture (NMDA) received its than another. do with what we have in the ground.’’ first complaint regarding crop damage due This legislation would give sellers of Vasquez said no one wants to buy the con- to alleged movement from an area treated telecommunications businesses a tax taminated cotton. Harvesting it would be fi- with Tebuthriuron (Spike) in the Three-Mile deferral when their assets are bought Draw area. Preliminary investigation indi- nancial suicide, he said. for cash by small business telecom ‘‘The cotton market is down, which is bad cates the BLM and the NRCS treated ap- enough, and then this,’’ he said. ‘‘We get proximately 2,400 acres of rangeland. We also companies. It would also encourage the about $50 per bale, but when you add up the found evidence of significant precipitation entry of new players and the growth of cost to harvest one bale, it adds up to $135. which occurred after application in the ap- existing small businesses by enabling No one wants to buy damaged cotton, so why proximate treated area. the seller of a telecom business to would we go to the cost of harvesting it at NMDA has taken samples from the com- claim a tax deferral on capital gains if $135 per bale.’’ plainants’ fields as part of the investigation. it invests the proceeds of any sale of its He said the state Department of Agri- Some of the samples analyzed thus far have business in purchasing an interest in tested positive for Tebuthiuron. We will con- culture has agreed to one thing: Seed from an eligible small telecom business. the contaminated cotton cannot be fed to tinue to analyze the remaining samples and livestock. will provide you with the results when they While large companies continue to ‘‘We sell the seed to the dairies in are complete. merge into even larger companies, Roswell,’’ Vasquez said. ‘‘They use it to feed It is my understanding that some of the small businesses have faced substantial the cows. So there is another amrket loss for complainants have crop insurance; however, barriers in trying to become long-term us.’’ chemical related damages are not covered. players in the telecommunications Vasquez’s cousin, Mike Vasquez, said he The affected individuals will suffer a severe market. These barriers can be even has lost 25 acres of cotton, and the loss of in- financial hardship if assistance is not pro- come will be devastating. vided. It is also clear these individuals have more formidable for members of minor- ‘‘I have disaster insurance, but I’ve been suffered losses through no fault of their own. ity groups and for women, for whom it told it does not cover manmade disasters,’’ Many are small farmers and may not survive has historically been more difficult to he said. ‘I didn’t cause this disaster. The fed- without direct financial assistance. obtain necessary capital. Since new eral government did. I may be poor, but I’m In 2001 Congress authorized the expendi- entry and the ability to grow existing not stupid. Why would I damage my crop ture of not more than $5 million from the businesses are key components of com- that is my livelihood? I’m not that dumb to Commodity Credit Corporation to pay claims petition, and since competition is usu- put down a herbicide in our monsoon season. of crop damage that resulted from the BLM’s ally the most successful way to achieve The BLM, which is the federal government, use of herbicides during the 2001 calendar did that and look what it has brought us year in the state of Idaho Enclosed is a copy the goals of better service and lower (farmers) financial ruin. of Section 757 of Public Law 107–76, which prices, restricting small business’ own- ‘‘We don’t know what this stuff has done to provides the funding. Similar consideration ership opportunities does not serve the soil and we don’t know for how long the should be given to the affected New Mexico consumers’ interests.

VerDate 0ct 09 2002 04:02 Oct 16, 2002 Jkt 019060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\A15OC6.070 S15PT1 October 15, 2002 CONGRESSIONAL RECORD — SENATE S10447 It’s easy to forget that telecommuni- eligible for capital gains tax deferral to (2) This convergence will continue, and cations industry transactions are rou- include not only radio, broadcast TV, therefore, diversifying the ownership of tele- tinely valued in the billions. Even DBS, and cable TV, but also wireline communications facilities remains a preeminent public interest concern that should radio, which has traditionally been a and wireless telephone service pro- be reflected in both telecommunications and comparatively easier telecom segment viders and resellers. tax policy. to enter, has been priced out of range Some may be concerned that this leg- (3) A market-based, voluntary system of of most would-be entrants. In addition islation could potentially allow enti- investment incentives is a very effective, to these monetary barriers, the tax ties seeking to ‘‘game the system’’ to lawful, and economically sound means of fa- code makes cash sales less attractive set up eligible purchasers to take ad- cilitating entry and diversification of owner- vantage of the bill’s provisions. In ship in the telecommunications industry. to sellers than stock-swaps. So new en- (4) Opportunities for new entrants to par- trants and smaller incumbents, which order to eliminate the potential for ticipate and grow in the telecommunications typically must finance telecom acqui- abuse, the bill would require the eligi- industry have substantially decreased since sitions with cash rather than stock, ble purchaser to hold any property ac- the end of the Federal Communications are less-preferred purchasers than large quired for three years, during which Commission’s tax certificate policy in 1995, incumbents. As a result, telecom busi- time it could only so sold to an unre- particularly in light of the increase in tax- ness sellers have little incentive to sell lated eligible purchaser. Moreover, the free like-kind exchanges, despite the most their businesses to new entrants and bill would require the General Ac- robust period of transfers of radio and television stations in history. During this time, small incumbents. counting Office to thoroughly audit businesses owned or controlled by socially But what should Congress do? Clamp and report on the administration and disadvantaged individuals, including, but not down on merger activity? Insist that effect of the law every two years. limited to, members of minority groups and hopelessly-outdated ownership restric- By sharing with smaller companies a women, have continued to be under rep- tions set by the Federal Communica- portion of the investment benefits our resented as owners of telecommunications tions Commission be retained? Rush to tax laws give to the major telecom facilities. concoct new telecom ownership ‘‘op- companies we have a chance to make (5) Businesses owned or controlled by socially disadvantaged individuals are and his- portunities’’ from government pro- sure that, at the end of the day, we torically have been economically disadvan- grams or regulations that, in the real won’t regret what ‘‘might have been’’ taged in the telecommunications industry. world, present small business with only for small business. By enabling individ- For these businesses, access to and cost of one real opportunity, the opportunity uals and small businesses to use indus- capital are and have been substantial obsta- to fail? None of these proposals would try restructurings as opportunities for cles to new entry and growth. Consequently, succeed because all of them, like the expansion, we will keep faith with diversification of ownership in the telecommunications industry has been limited. Telecommunications Act of 1996, ignore those who have been, and remain, en- (6) Telecommunications facilities owned by marketplace realities instead of work- duringly valuable contributors to our new entrants may not be attractive to inves- ing with them. free-market system. tors because their start-up costs are often One answer is to level the playing Over the next several months, I look high, their revenue streams are uncertain, field and give established telecom in- forward to working with interested or- and their profit margins are unknown. dustry players the same economic in- ganizations to further improve this leg- (7) It is consistent with the public interest centives to deal with new entrants and islation. In particular, I welcome com- and with the pro-competition policies of the small businesses as they currently Telecommunications Act of 1996 to provide ments on how to further refine the con- incentives that will facilitate investments have with respect to larger companies. cepts of ‘‘qualified telecommunications in, and acquisition of telecommunications And that’s what this legislation would business’’ and ‘‘eligible purchaser’’ to facilities by, socially and economically dis- do. ensure that this legislation can meet advantaged businesses, thereby diversifying Specifically, the bill would amend its goals in the most fair and effective the ownership of telecommunications facili- the Internal Revenue Code by adding a manner. ties. new Section 1071 entitled ‘‘Nonrecogni- Revolutionary developments in the (8) Increased participation by socially and tion of gain on certain sales of tele- economically disadvantaged businesses in telecommunications industry have the ownership of telecommunications facili- communications business.’’ This new been made by gifted individuals with ties will enhance competition in the tele- section of the tax code would allow a small companies and unlimited vision. communications industry. Permitting sellers telecom business seller to elect to have In this sense, the telecommunciaitons of telecommunications facilities to defer capital gains deferred under the exist- industry is a true microcosm of the taxation of gains from transactions involving Section 1033 rules for any ‘‘quali- American free-market system. New en- ing socially and economically disadvantaged fied telecommunications sale.’’ The ag- trants and small businesses should businesses, and resulting from investments gregate amount of any gain deferred in designated capital funds that provide cap- have a fair chance to participate across ital for such entities, will further the devel- under the qualified sale would be lim- the broad spectrum of industries that opment of a competitive and diverse United ited to $250 million per transaction, will make up the telecommunications States telecommunications industry without and less than $84 million per taxable industry in the Information Age. This governmental intrusion in private invest- year. legislation will help them do that. ment decisions. A qualified telecommunications sale I ask unanimous consent that the (9) The public interest would not be served would be defined in two ways. The first text of the bill be printed in the by attempts to diversify the ownership of telecommunications; businesses through any type of qualified sale would be sales to RECORD. an ‘‘eligible purchaser’’ of either the approach that would involve the use of man- There being no objection, the bill was dated set-asides or quotas. assets of a telecom business or the ordered to be printed in the RECORD, as (10) Today, the telecommunications indus- stock that makes up a controlling in- follows: try is struggling to survive one of its most terest in a corporation with substan- S. 3112 troubling times. Therefore, facilitating vol- tially all of its assets in one or more Be it enacted by the Senate and House of Rep- untary, pro-competitive transactions that telecom businesses. Eligible purchasers resentatives of the United States of America in will promote ownership of telecommuni- would include economically and so- Congress assembled, cations facilities by economically and socially disadvantaged businesses will aid in cially disadvantaged businesses that SECTION 1. SHORT TITLE. providing the investment and capital that is This Act may be cited as the ‘‘Tele- qualify under a carefully drawn three- crucial to this sector. part test. The second type of qualified communications Ownership Diversification (b) PURPOSE.—The purpose of this Act is to sale would be the sale of any telecom Act of 2002’’. facilitate voluntary, pro-competitive trans- business to any purchaser, as long as SEC. 2. FINDINGS AND PURPOSES. actions that will promote ownership of tele- the seller reinvests the proceeds in eq- (a) FINDINGS.—The Congress makes the fol- communications facilities by economically uity interests in eligible small telecom lowing findings: and socially disadvantaged businesses. (1) Current trends in the telecommuni- businesses. SEC. 3. NONRECOGNITION OF GAIN ON QUALI- cations industry show that there is increas- FIED SALES OF TELECOMMUNI- To account for the variety of tele- ing convergence among various media, in- CATIONS BUSINESSES. communications services available cluding broadcasting, cable television, and (a) IN GENERAL.—Subchapter O of chapter 1 today, the legislation would broadly Internet-based businesses, that provide news, of the Internal Revenue Code of 1986 (relat- define telecommunications businesses information, and entertainment. ing to gain or loss on disposition of property)

VerDate 0ct 09 2002 03:14 Oct 16, 2002 Jkt 019060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\A15OC6.052 S15PT1 S10448 CONGRESSIONAL RECORD — SENATE October 15, 2002 is amended by inserting after part IV the fol- purchaser in such sale or the dollar amount business which, as its primary purpose, en- lowing new part: specified in subsection (b). gaged in electronic communications and is ‘‘PART V—CERTAIN SALES OF ‘‘(2) EXCEPTION FOR REINVESTED AMOUNTS.— regulated by the Federal Communications TELECOMMUNICATIONS BUSINESSES Paragraph (1) shall not apply to any recap- Commission pursuant to the Communica- ture event which is a sale if— tions Act, including a cable system (as de- ‘‘Sec. ‘‘(A) the sale is a qualified telecommuni- ‘‘1071. Nonrecognition of gain on certain fined in section 602(7) of the Communications cations sale, or Act of 1934 (47 U.S.C. 532(7)), a radio station sales of telecommunication ‘‘(B) during the 60-day period beginning on businesses. (as defined in section 3(35) of that Act (47 the date of such sale, the taxpayer is the U.S.C. 153(35)), a broadcasting station pro- ‘‘SEC. 1071. NONRECOGNITION OF GAIN ON CER- purchaser in another qualified telecommuni- viding television service (as defined in sec- TAIN SALES OF TELECOMMUNI- cations sale in which the consideration fur- CATION BUSINESSES. tion 3(49) of that Act (47 U.S.C. 153(49)), a nished by the taxpayer is not less that the provider of direct broadcast satellite service ‘‘(a) IN GENERAL.—In case of any qualified amount realized on the recapture event sale. (as defined in section 335(b)(5) of that Act (47 telecommunications sale, at the election of ‘‘(1) RECAPTURE EVENT.—For purpose of the taxpayer, such sale shall be treated as an U.S.C. 335(b)(5)), a provider of video program- this subsection, the term ‘recapture event’ ming (as defined in section 602(20) of that Act involuntary conversion of property within means with respect to any qualified tele- the meaning of section 1033. (47 U.S.C. 602(20)); a provider of commercial communications sale— mobile services (as defined in section ‘‘(b) LIMITATION ON AMOUNT OF GAIN ON ‘‘(A) any sale or other disposition of the as- 332(d)(1) of that Act (47 U.S.C. 332(d)(1)), a WHICH TAX MAY BE DEFERRED.—The amount sets or stock referred to in subsection (c) telecommunications carrier (as defined in of gain on any qualified telecommunications which were acquired by the taxpayer in such section 3(44), of that Act (47 U.S.C. 153(44)); a sales which is not recognized by reason of sale, and provider of fixed satellite service; a reseller this section shall not exceed $250,000,000 per ‘‘(B) in the case of a qualified tele- of telecommunications service or commer- transaction and shall not exceed $83,333,333 communications sale described in subsection cial mobile service; or a provider of multi- per taxable year. Excess amounts can be car- (c)(1)(B)— ried forward in future years subject to the ‘‘(i) any sale or other disposition of a tele- channel multipoint distribution service. URCHASE.—The taxpayer shall be con- annual limit. communications business by the corporation ‘‘(5) P sidered to have purchased a property if, but ‘‘(c) QUALIFIED TELECOMMUNICATIONS referred to in such subsection, or for subsection (d)(2), the unadjusted basis of SALE.—For purposes of this section, the term ‘‘(ii) any other transaction which results in ‘qualified telecommunications sale’ means— the eligible purchaser business not having the property would be its cost within the ‘‘(1) any sale to an eligible purchaser of— control (as defined in subsection (c)(1)(B)(i)) meaning of section 1012. ‘‘(A) the assets of a telecommunications of such corporation. ‘‘(6) CONTROL.— ‘‘(A) INDIVIDUALS.—For purposes of para- business, or ‘‘(f) DEFINITIONS.—In this section: ‘‘(B) stock in a corporation if, immediately ‘‘(1) ELIGIBLE PURCHASER.—The term ‘eligi- graph (2)(A), an individual who meets the re- after such sale— ble purchaser’ means— quirements of paragraph (7) also meets the ‘‘(i) the eligible purchaser controls (within ‘‘(A) the Telecommunications Develop- requirements of this paragraph. the meaning of Section 368 (c)) such corpora- ment Fund established under section 714 of ‘‘(B) ENTITIES.—For purposes of paragraph tion, and the Communications Act of 1934 (47 U.S.C. (1)(B), an entity meets the requirement of ‘‘(ii) substantially all of the assets of such 614), or any wholly-owned affiliate of that this paragraph if the requirements of sub- corporation are assets of 1 or more tele- Fund; paragraph (C), (D), or (E) are satisfied. ‘‘(C) 30-PERCENT TEST.—The requirements communications businesses; and ‘‘(B) an economically and socially dis- ‘‘(2) any sale of a telecommunications busi- advantaged business, as defined in paragraph of this subparagraph are satisfied if— ‘‘(i) with respect to any entity which is a ness, if the taxpayer purchases, within the (2) of this subsection; and corporation, individuals who meet the re- replacement period specified in section ‘‘(C) an entity qualified under section 851, quirements of paragraph (7) own 30 percent 1033(a)(2)(b), 1 or more equity interests in an if more than 50 percent of its gross income is or more in value of the outstanding stock of entity that is an eligible purchaser as de- derived from equity investment in an eco- the corporation, and more than 50 percent of fined in subsection (f)(1)(A) (the Tele- nomically and socially disadvantaged busi- the total combined voting power of all class- communications Development Fund.). ness or businesses, as defined in paragraph es of stock entitled to vote of the corpora- ‘‘(d) SPECIAL RULES.— (2) of this subsection, as determined by the tion; and ‘‘(1) IN GENERAL.—In applying section 1033 Secretary. ‘‘(ii) with respect to any entity which is a for purposes of subsection (a) of this section, ‘‘(2) ECONOMICALLY AND SOCIALLY DISADVAN- partnership, individuals who meet the re- stock of a corporation operating a tele- TAGED BUSINESS.—The term ‘economically quirements of paragraph (7) own 30 percent communications business, whether or not and socially disadvantaged business’ means a or more of the capital interest and the prof- representing control of such corporation, person that is designated by the Secretary as its interest in the partnership, and more shall be treated as property similar or re- an ‘economically and socially disadvantaged than 50 percent of the total combined voting lated in service or use to the property sold in business’ based on a determination that the power of all classes of partnership interests the qualified telecommunications sale. subject person— entitled to vote. ‘‘(2) ELECTION TO REDUCE BASIS RATHER ‘‘(A) meets the control requirements of ‘‘(D) 15-PERCENT TEST.—The requirements THAN RECOGNIZE REMAINDER OF GAIN.—If— paragraph (6); of this subparagraph are satisfied if— ‘‘(A) a taxpayer elects the treatment under ‘‘(B) will be a telecommunications business ‘‘(i) with respect to any entity which is a subsection (a) with respect to any qualified after the purchase for which the eligibility determination is sought; and corporation— telecommunications sale, and ‘‘(I) individuals who meet the requirements ‘‘(B) an amount of gain would (but for this ‘‘(C) before the purchase for which the eli- of paragraph (7) own 15 percent or more in paragraph) be recognized on such sale other gibility determination is sought does not value of the outstanding stock of the cor- than by reason of subsection (b), have: ‘‘(i) attributable ownership interests in tel- poration, and more than 50 percent of the then the amount of gain described in sub- evision broadcast stations having an aggre- total combined voting power of all classes of paragraph (B) shall not be recognized to the gate national audience reach of more than 5 stock entitled to vote of the corporation; and extent that the taxpayer elects to reduce the percent as defined by the Federal Commu- ‘‘(II) no other person owns more than 25 basis of depreciable property (as defined in nications Commission under section percent in value of the outstanding stock of section 1017(b)(3)) held by the taxpayer im- 73.3555(e)(2)(i) of title 47 of the Code of Fed- the corporation; and mediately after the sale or acquired in the eral Regulations as in effect on January 1, ‘‘(ii) with respect to any entity which is a same taxable year. The manner and amount 2001; partnership— of such reduction shall be determined under ‘‘(ii) attributable ownership interest in: (a) ‘‘(I) individuals who meet the requirements regulations prescribed by the Secretary. more than 50 radio stations nationally; and of paragraph (7) own 15 percent or more of ‘‘(3) BASIS.—For basis of property acquired (b) radio stations with a combined market the capital interest and profits interest of on a sale or exchange treated as an involun- share exceeding 10 percent of radio adver- the partnership, and more than 50 percent of tary conversion under subsection (a), see sec- tising revenues in the relevant market as de- the total combined voting power of all class- tion 1033(b). fined by the Federal Communications Com- es of partnership interests entitled to vote; ‘‘(e) RECAPTURE OF TAX BENEFIT IF TELE- mission; or and COMMUNICATIONS BUSINESS RESOLD WITHIN 3 ‘‘(iii) attributable ownership interests in ‘‘(II) no other person owns more than 25 YEARS, ETC.— any other telecommunications business hav- percent of the capital interest and profits in- ‘‘(1) IN GENERAL.—If, within 3 years after ing more than 5 percent of national sub- terest of the partnership. the date of any qualified telecommuni- scribers. ‘‘(E) PUBLICLY-TRADED CORPORATION TEST.— cations sale, there is a recapture event with ‘‘(3) RELEVANT MARKET.—The term ‘rel- The requirements of this subparagraph are respect to the property involved in such sale, evant market’ means the local market satisfied if, with respect to a corporation the then the purchaser’s tax imposed by this served by the radio station or stations being securities of which are traded on an estab- chapter for taxable year in which such event purchased. lished securities market— occurs shall be increased by 20 percent of the ‘‘(4) TELECOMMUNICATIONS BUSINESS.—The ‘‘(i) individuals who meet the requirements lesser of the consideration furnished by the term ‘telecommunications business’ means a of paragraph (7) own 50 percent or more of

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the total combined voting power of all class- (A) striking ‘‘and’’ in paragraph (2); (c) TECHNICAL AND CONFORMING CHANGES.— es of stock entitled to vote of the corpora- (B) striking ‘‘credit.’’ in paragraph (3) and The Secretary of the Treasury shall, within tion; and inserting ‘‘credit; and’’; and 150 days after the date of enactment of this ‘‘(ii) the stock owned by those individuals (C) adding at the end the following: ‘‘(4) Act, submit to the Committee on Ways and is not subject to any agreement, arrange- the telecommunications business credit.’’. Means of the House of Representatives and ment, or understanding which provides for, (2) CLERICAL AMENDMENTS.— the Committee on Finance of the Senate, a or relates to, the voting of the stock in any (A) The analysis for part III of subchapter draft of any technical and conforming manner by, or at the direction of, any person 0 of chapter 1 of such Code is amended by changes in the Internal Revenue Code of 1986 other than an eligible individual who meets adding at the end thereof the following: which are necessary to reflect throughout the requirements of paragraph (7), or the ‘‘1071. Sale of telecommunications busi- the Code the changes in the substantive pro- right of any person other than one of those ness.’’. visions of the Code made by section 3(a). individuals to acquire the voting power (B) The table of sections for Subpart E of SEC. 7. REGULATIONS. through purchase of shares or otherwise. part IV of subchapter A of chapter 1 of such The Secretary of the Treasury, in con- ‘‘(F) CONSTRUCTIVE OWNERSHIP.—In apply- Code is amended by inserting after the item sultation with the Federal Communications ing subparagraphs (C), (D), and (E), the fol- relating to section 48 the following: Commission, shall promulgate regulations to lowing rules apply: implement this Act no later than 90 days ‘‘(i) Stock or partnership interests owned, ‘‘48A. Telecommunications business credit.’’ after the effective date of this Act. The regu- directly or indirectly, by or for a corpora- SEC. 5. EXCLUSION OF 50 PERCENT OF GAIN. lations shall provide for determination by tion, partnership, estate, or trust shall be Section 1202 of the Internal Revenue Code the Secretary as to whether an applicant is considered as being owned proportionately of 1986 (relating to 50 percent exclusion for an ‘‘eligible purchaser’’ as defined in new by or for its shareholders, partners, or bene- gain from certain small business stock) is section 1071(f) of the IRC of 1986 (as added by ficiaries. amended— ‘‘(ii) An individual shall be considered as (1) by adding at the end of subsection (a) section 3 of this Act). The regulations shall owning stock and partnership interests the following: further provide that such determinations of eligibility shall be made not later than 45 owned, directly or indirectly, by or for his ‘‘(3) CERTAIN TELECOMMUNICATIONS INVEST- calendar days after an application is filed family. MENTS BY CORPORATIONS AND INVESTMENT with the Secretary. The regulations imple- ‘‘(iii) An individual owning (otherwise than COMPANIES.—Gross income does not include by the application of clause (ii)) any stock in 50 percent of any gain from the sale or ex- menting section 1071(f)(7) of such Code (as corporation shall be considered as owning change of stock in an eligible purchaser (as added by section 3 of this Act) shall be up- the stock or partnership interests owned, di- defined in section 1071(f)(1)) engaged in a dated on an ongoing basis no less frequently rectly or indirectly, by or for his partner. telecommunications business (as defined in than every 5 years. ‘‘(iv) An individual owning (otherwise than section 1071(f)(3)) held for more than 5 SEC. 8. BIENNIAL PROGRAM AUDITS BY GAO. by the application of clause (ii)) any partner- years.’’; No later than January 1, 2004, and no less ship interest in a partnership shall be consid- (2) by striking subparagraphs (A) and (B) of frequently than every 2 years thereafter, the ered as owning the stock or partnership in- subsection (b)(1) and inserting the following: Comptroller General shall audit the adminis- terests owned, directly or indirectly, by or ‘‘(A) in the case of gain from the sale or ex- tration of sections of the Internal Revenue for his partner. change of qualified small business stock held Code of 1986 added or amended by this Act, ‘‘(v) The family of an individual shall infor more than 5 years— and issue a report on the results of that clude only his brothers and sisters (whether ‘‘(i) $10,000,000 reduced by the aggregate audit. The Comptroller General shall include by the whole or half blood), spouse, ances- amount of eligible gain taken into account in the report, notwithstanding any provision tors, and lineal descendants. by the taxpayer under subsection (a) for of section 6103 of the Internal Revenue Code ‘‘(vi) Stock or partnership interests con- prior taxable years and attributable to dis- of 1986 to the contrary— structively owned by a person by reason of positions of stock issued by such corpora- (1) a list of eligible purchasers (as defined the application of clause (i) shall, for the tions; or in section 1071(f)(1) of such Code) and any purposes of applying clause (i), (ii), (iii), or ‘‘(ii) 10 times the aggregate adjusted bases other taxpayer receiving a benefit from the (iv), he treated as actually owned by that of qualified small business stock issued by operation of section 48A or 1202 of such Code person, but stock constructively owned by such corporations and disposed of by the tax- as that section was added or amended by this an individual by reason of the application of payer during the taxable year; and Act; and clause (ii), (iii), or (iv) shall not be treated as ‘‘(B) in the case of gain from the sale or ex- (2) an assessment of the effect the amend- owned by that individual for the purpose of change of stock in an eligible purchaser en- ments made by this Act have on increasing again applying any of those clauses in order gaged in a telecommunications business for new entry and growth in the telecommuni- to make another the constructive owner of more than 5 years— cations industry by socially and economi- the stock or partnership interests. ‘‘(i) $20,000,000 reduced by the aggregate cally disadvantaged businesses, and the ef- ‘‘(7) INDIVIDUALS.—An individual is de- amount of eligible gain taken into account fect of this Act on enhancing the competi- scribed in this paragraph if that individual is by their taxpayer under subsection (a) for tiveness of the telecommunications indus- ‘‘(A) a United States citizen, and prior taxable years and attributable to dis- try. ‘‘(B) a member of a socially or economi- positions of stock issued by the eligible pur- cally disadvantaged class determined by the f chaser engaged in a telecommunications Secretary of Treasury to be underrep- business; or STATEMENTS ON SUBMITTED resented in the ownership of the relevant ‘‘(ii) 15 times the aggregate adjusted bases RESOLUTIONS telecommunications business.’’. of stock of an eligible purchaser engaged in SEC. 4. TELECOMMUNICATIONS BUSINESS CRED- a telecommunications business issued by IT. such eligible purchaser and disposed of by SENATE RESOLUTION 340—AFFIRM- (a) IN GENERAL.—Subpart E of part IV of the taxpayer during the taxable year.’’; subchapter A of chapter 1 of the Internal ING THE IMPORTANCE OF A NA- (3) by striking ‘‘years’’ in subsection (b)(2) Revenue Code of 1986 (relating to rules for TIONAL DAY OF PRAYER AND and inserting ‘‘years or any gain from the computing investment credit) is amended by FASTING, AND DESIGNATING NO- sale or exchange of stock in an eligible pur- inserting after section 48 the following: VEMBER 27, 2002, AS A NATIONAL chaser engaged in a telecommunications ‘‘SEC. 48A. TELECOMMUNICATIONS BUSINESS business held for more than 5 years.’’; and DAY OF PRAYER AND FASTING CREDIT. (4) by striking ‘‘ ‘$10,000,000’.’’ in subsection ‘‘For purposes of section 46, there is al- Mr. SANTORUM (for himself and Mr. (b)(3)(!) and inserting ‘‘ ‘$10,000,000’, and para- lowed as a credit against the tax imposed by BROWNBACK) submitted the following graph (1)(B) shall be applied by substituting this chapter for any taxable year an amount resolution; which was referred to the ‘$10,000,000’ for ‘$20,000,000’.’’. equal to 10 percent of the taxable income of Committee on the Judiciary. any taxpayer that at all times during that SEC. 6. EFFECTIVE DATE—TECHNICAL AND CON- FORMING CHANGES. S. RES. 340 taxable year— ‘‘(1) is a local exchange carrier (as defined (a) TAXABLE YEARS.—The amendments Whereas the President has sought the sup- in section 3(44) of the Communications Act made by section 4 shall apply to taxable port of the international community in re- of 1934 (47 U.S.C. 153(44))); years ending after the date of enactment of sponding to the threat of terrorism, violent ‘‘(2) is not a Bell operating company (as de- this Act. extremist organizations, and states that per- fined in section 3(4) of that Act (47 U.S.C. (b) SALES.—The amendments made by sec- mit or host organizations that are opposed 153(4))); and tion 3 shall apply with respect to a sale de- to democratic ideals; ‘‘(3) is headquartered in an area designed scribed in section 1071(a) of the Internal Rev- Whereas a united stance against terrorism as an empowerment zone by the Secretary of enue Code of 1986 (as added by this section) and terrorist regimes will likely lead to an Housing and Urban Development.’’. of a telecommunications business or any eq- increased threat to the armed forces and law (b) CONFORMING AMENDMENTS.— uity interest on or after the date of enact- enforcement personnel of those states that (1) AMENDMENT OF SECTION 46.—Section 46 ment of this Act. The amendments made by oppose these regimes of terror and that take of such Code (relating to amount of credit) is section 5 shall apply to sales on or after the an active role in rooting out these enemy amended by— date of enactment of this Act. forces;

VerDate 0ct 09 2002 03:14 Oct 16, 2002 Jkt 019060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\A15OC6.040 S15PT1 S10450 CONGRESSIONAL RECORD — SENATE October 15, 2002 Whereas Congress has aided and supported day, November 21, 2002, and to donate the consin, Senator RUSS FEINGOLD, in in- a united response to acts of terrorism and vi- money that they would have spent on food to troducing a bill to establish an annual olence inflicted upon the United States, our a religious or charitable organization of National Visiting Nurse Associations their choice for the purpose of feeding the allies, and peaceful individuals all over the Week in honor of this army of health world; hungry. Whereas President Abraham Lincoln, at care heroes who are dedicated to serv- the outbreak of the Civil War, proclaimed SENATE CONCURRENT RESOLU- ice in the ultimate caring profession. that the last Thursday in September 1861 TION 153—EXPRESSING THE The Visiting Nurse Associations, should be designated as a day of humility, SENSE OF THE CONGRESS THAT VNAs, of today are founded on the prayer, and fasting for all people of the Na- THERE SHOULD BE ESTAB- principle that the sick, the disabled tion; Whereas it is appropriate and fitting to LISHED AN ANNUAL NATIONAL and the elderly benefit most from seek guidance, direction, and focus from God VISITING NURSE ASSOCIATIONS health care when it is offered in their in times of conflict and in periods of turmoil; WEEK own homes. Home care is an increas- Whereas it is through prayer, self-reflec- Ms. COLLINS (for herself and Mr. ingly important part of our health care tion, and fasting that we can better examine FEINGOLD) submitted the following con- system today. The kinds of highly those elements of our lives that can benefit current resolution; which was referred skilled, and often technically complex, from God’s wisdom and love; to the Committee on Health, Edu- services that the VNAs provide have Whereas prayer to God and the admission enabled millions of our most frail and of human limitations and frailties begins the cation, Labor, and Pensions: process of becoming both stronger and closer S. CON. RES. 153 vulnerable patients to avoid hospitals to God; Whereas visiting nurse associations are and nursing homes and stay just where Whereas becoming closer to God helps pro- nonprofit home health agencies that, for they want to be, in the comfort and se- vide direction, purpose, and conviction in over 120 years, have been united in their mis- curity of their own homes. those daily actions and decisions we must sion to provide cost-effective and compas- Visiting Nurse Associations are non- take; sionate home and community-based health Whereas our Nation, tested by civil war, care to individuals, regardless of the individ- profit home health agencies that pro- military conflicts, and world wars, has al- uals’ condition or ability to pay for services; vide cost-effective and compassionate ways benefited from the grace and benevo- Whereas there are approximately 500 vis- home and community-based health lence bestowed by God; and iting nurse associations, which employ more care to individuals, regardless of their Whereas dangers and threats to our Nation than 90,000 clinicians, provide health care to condition or ability to pay for services. persist and in this time of peril, it is appro- more than 4,000,000 people each year, and VNAs literally created the profession priate that the people of the United States, provide a critical safety net in communities and practice of home health care more by developing a network of community sup- leaders and citizens alike, seek guidance, than one hundred years ago, at a time strength, and resolve through prayer and port services that enable individuals to live fasting: Now, therefore, be it independently at home; when there were no hospitals in many Resolved, That the Senate— Whereas visiting nurse associations have communities and patients were cared (1) designates November 27, 2002, as a day historically served as primary public health for at home by families who did the for humility, prayer, and fasting for all peo- care providers in their communities, and are best they could. VNAs made a critical ple of the United States; and today one of the largest providers of mass difference to these families, bringing (2) recommends that all people of the immunizations in the medicare program (de- professional skills into the home to United States— livering over 2,500,000 influenza immunizations annually); care for the patient and support the (A) observe this day as a day of prayer and family. They made a critical difference fasting; Whereas visiting nurse associations are (B) seek guidance from God to achieve often the home health providers of last re- in the late 19th century, and are mak- greater understanding of our own failings; sort, serving the most chronic of conditions ing a critical difference now as we em- (C) learn how we can do better in our ev- (such as congestive heart failure, chronic ob- bark upon the 21st. eryday activities; and structive pulmonary disease, AIDS, and quadriplegia) and individuals with the least VNAs were pioneers in the public (D) gain resolve in how to confront those health movement, and, in the late challenges which we must confront. ability to pay for services (more than 50 percent of all medicaid home health admissions 1800s, VNA responsiveness meant milk are by visiting nurse associations); banks, combating infectious diseases, SENATE RESOLUTION 341—DESIG- Whereas any visiting nurse association and providing care for the poor during NATING THURSDAY, NOVEMBER budget surplus is reinvested in supporting massive influenza epidemics. Today, 21, 2002, AS ‘‘FEED AMERICA the association’s mission through services, that same responsiveness means caring THURSDAY’’ including charity care, adult day care centers, wellness clinics, Meals-on-Wheels, and for the dependent elderly, the chron- Mr. HATCH (for himself, Mr. REID, immunization programs; ically disabled, the terminally ill, and Mr. EDWARDS, Mr. INOUYE, Mr. KEN- Whereas visiting nurse associations and providing high-tech services previously NEDY, Ms. LANDRIEU, Mr. NELSON of Ne- other nonprofit home health agencies care provided in hospitals, such as venti- braska, Mr. SMITH of Oregon, Mr. for the highest percentage of terminally ill lator care, blood transfusions, pain WYDEN, Mr. WARNER, Mr. NICKLES, Ms. and bedridden patients; management and home chemotherapy. STABENOW, and Mrs. LINCOLN) sub- Whereas thousands of visiting nurse asso- Health care has gone full circle. Pa- mitted the following resolution; which ciation volunteers across the Nation devote tients are spending less time in the was considered and agreed to: time serving as individual agency board members, raising funds, visiting patients in hospital. More and more procedures are S. RES. 341 their homes, assisting in wellness clinics, being done on an outpatient basis, and Whereas Thanksgiving Day celebrates the and delivering meals to patients; and recovery and care for patients with spirit of selfless giving and an appreciation Whereas the establishment of an annual chronic diseases and conditions has infor family and friends; National Visiting Nurse Associations Week Whereas the spirit of Thanksgiving Day is for the second full week of every February creasingly been taking place in the a virtue upon which our Nation was founded; would increase public awareness of the char- home. Moreover, the number of Ameri- Whereas 33,000,000 Americans, including ity-based missions of visiting nurse associa- cans who are chronically ill or disabled 13,000,000 children, continue to live in house- tions and of their ability to meet the needs in some way continues to grow each holds that do not have an adequate supply of of chronically ill and disabled individuals year. Once again, VNAs are making a food; who prefer to live at home rather than in a critical difference, providing com- Whereas almost 3,000,000 of those children nursing home, and would spotlight preven- prehensive home health services and tive health clinics, adult day care programs, experience hunger; and caring support to patients and their Whereas selfless sacrifice breeds a genuine and other customized wellness programs that spirit of Thanksgiving, both affirming and meet local community need: Now, therefore, families across the country. restoring fundamental principles in our soci- be it Through these exceptional organiza- ety: Now, therefore, be it Resolved by the Senate (the House of Rep- tions, 90,000 clinicians dedicate their resentatives concurring), That it is the sense Resolved, That the Senate lives to bringing health care into the (1) designates Thursday, November 21, 2002, of Congress that there should be established as ‘‘Feed America Thursday’’; and an annual National Visiting Nurse Associa- homes of over four million Americans (2) requests that the President issue a tions Week. every year. VNAs are truly the heart of proclamation calling upon the people of the Mr. COLLINS. Mr. President, I am home care in this country today, and it United States to sacrifice 2 meals on Thurs- pleased to join my colleague from Wis- is time for Congress to recognize the

VerDate 0ct 09 2002 03:14 Oct 16, 2002 Jkt 019060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\A15OC6.055 S15PT1 October 15, 2002 CONGRESSIONAL RECORD — SENATE S10451 vital services that visiting nurses pro- intelligence information, and such other in- randa of understanding with the head of an vide to their patients and their fami- telligence-related information as the Assist- element referred to in paragraph (1) regard- lies. I urge my colleagues to join Sen- ant Secretary for Information Analysis de- ing the provision of support to the Center termines necessary. The agencies described under that paragraph. ator FEINGOLD and me in cosponsoring are: other elements of the Department; the this resolution establishing an annual (g) DETAIL OF PERSONNEL.— Federal Bureau of Investigation; other ele- (1) IN GENERAL.—In order to assist the Cen- National Visiting Nurse Associations’ ments of the intelligence community, as ter in discharging the responsibilities under Week. that term is defined in section 3(4) of the Na- subsection (c), personnel of the agencies re- f tional Security Act of 1947 (50 U.S.C. 401a(4); ferred to in paragraph (2) may be detailed to such other elements of the Federal Govern- the Department for the performance of ana- AMENDMENTS SUBMITTED AND ment as the President considers appropriate. lytic functions and related duties. PROPOSED (20) To perform such other duties relating (2) COVERED AGENCIES.—The agencies re- SA 4879. Mr. SPECTER submitted an to ferred to in this paragraph are as follows: amendment intended to be proposed to (A) The Department of State. SA 4880. Mr. SPECTER submitted an amendment SA 4738 proposed by Mr. GRAMM (B) The Central Intelligence Agency. (for himself, Mr. MILLER, Mr. MCCONNELL, amendment intended to be proposed to (C) The Federal Bureau of Investigation. Mr. THOMPSON, Mr. STEVENS, Mr. HAGEL, Mr. amendment SA 4738 proposed by Mr. (D) The National Security Agency. HUTCHINSON, and Mr. BUNNING) to the amend- GRAMM (for himself, Mr. MILLER, Mr. (E) The National Imagery and Mapping ment SA 4471 proposed by Mr. LIEBERMAN to MCCONNELL, Mr. THOMPSON, Mr. STE- Agency. the bill H.R. 5005, to establish the Depart- VENS, Mr. HAGEL, Mr. HUTCHINSON, and (F) The Defense Intelligence Agency. ment of Homeland Security, and for other Mr. BUNNING) to the amendment SA (G) Other elements of the intelligence community, as defined in this section. purposes; which was ordered to lie on the 4471 proposed by Mr. LIEBERMAN to the (H) Any other agency of the Federal Gov- table. bill H.R. 5005, to establish the Depart- SA 4880. Mr. SPECTER submitted an ernment that the Secretary considers appro- ment of Homeland Security, and for priate. amendment intended to be proposed to other purposes; which was ordered to amendment SA 4738 proposed by Mr. GRAMM (3) COOPERATIVE AGREEMENTS.—Personnel (for himself, Mr. MILLER, Mr. MCCONNELL, lie on the table; as follows: shall be detailed under this subsection pursu- Mr. THOMPSON, Mr. STEVENS, Mr. HAGEL, Mr. Beginning on page 24, strike line 6 and all ant to cooperative agreements entered into HUTCHINSON, and Mr. BUNNING) to the amend- that follows through line 14 on page 27 and for that purpose by the Secretary and the ment SA 4471 proposed by Mr. LIEBERMAN to insert the following: head of the agency concerned. the bill H.R. 5005, supra; which was ordered SEC. 202. HOMELAND SECURITY ASSESSMENT (4) BASIS.—The detail of personnel under to lie on the table. CENTER. this subsection may be on a reimbursable or SA 4881. Mr. SPECTER submitted an (a) ESTABLISHMENT.—There is established non-reimbursable basis. amendment intended to be proposed to in the Department the Homeland Security (h) FUNCTIONS TRANSFERRED.—In accord- amendment SA 4471 proposed by Mr. Assessment Center. ance with title VIII, there shall be trans- (b) HEAD.—The Assistant Secretary of LIEBERMAN to the bill H.R. 5005, supra; which ferred to the Secretary, for assignment to Homeland Security for Information Analysis was ordered to lie on the table. the Under Secretary for Information Anal- shall be the head of the Center. SA 4882. Mr. SPECTER submitted an ysis and Infrastructure Protection under this (c) RESPONSIBILITIES.—The responsibilities section, the functions, personnel, assets, and amendment intended to be proposed to of the Center shall be as follows: liabilities of the following: amendment SA 4471 proposed by Mr. (1) To assist the Under Secretary of Home- (1) The National Infrastructure Protection LIEBERMAN to the bill H.R. 5005, supra; which land Security for Information Analysis and Center of the Federal Bureau of Investiga- was ordered to lie on the table. Infrastructure Protection in discharging the tion (other than the Computer Investiga- SA 4883. Mr. DASCHLE (for Mr. ROCKE- responsibilities under section 201. tions and Operations Section), including the FELLER) proposed an amendment to the bill (2) To provide intelligence and information functions of the Attorney General relating H.R. 3253, To amend title 38, United States analysis and support to other elements of thereto. Code, to provide for the establishment with- the Department. (2) The National Communications System in the Department of Veterans Affairs of im- (3) To perform such other duties as the of the Department of Defense, including the proved emergency medical preparedness, re- Secretary shall provide. functions of the Secretary of Defense relat- search, and education programs to combat (d) STAFF.— ing thereto. terrorism, and for other purposes. (1) IN GENERAL.—The Secretary shall pro- SA 4884. Mr. DASCHLE (for Mr. ROCKE- vide the Center with a staff of analysts hav- (3) The Critical Infrastructure Assurance FELLER) proposed an amendment to the bill ing appropriate expertise and experience to Office of the Department of Commerce, in- H.R. 4015, to amend title 38, United States assist the Center in discharging the respon- cluding the functions of the Secretary of Code, to revise and improve employment, sibilities under this section. Commerce relating thereto. (4) The Computer Security Division of the training, and placement services furnished to (2) PRIVATE SECTOR ANALYSTS.—Analysts veterans, and for other purposes. under this subsection may include analysts National Institute of Standards and Tech- SA 4885. Mr. DASCHLE (for Mr. KENNEDY from the private sector. nology, including the functions of the Sec- retary of Commerce relating thereto. (for himself, Mr. GREGG, Mr. EDWARDS, Mr. (3) SECURITY CLEARANCES.—Analysts under BINGAMAN, Mrs. MURRAY, Mr. REED, and Mr. this subsection shall possess security clear- (5) The National Infrastructure Simulation ENZI)) proposed an amendment to the bill ances appropriate for their work under this and Analysis Center of the Department of H.R. 3801, to provide for improvement of Fed- section. Energy and the energy security and assur- eral education research, statistics, evalua- (e) COOPERATION WITHIN DEPARTMENT.—The ance program and activities of the Depart- tion, information, and dissemination, and for Secretary shall ensure that the Center co- ment, including the functions of the Sec- other purposes. operates closely with other officials of the retary of Energy relating thereto. (6) The Federal Computer Incident Re- f Department having responsibility for infrastructure protection in order to provide the sponse Center of the General Services Ad- TEXT OF AMENDMENTS Secretary with a complete and comprehen- ministration, including the functions of the SA 4879. Mr. SPECTER submitted an sive understanding of threats to homeland Administrator of General Services relating thereto. amendment intended to be proposed to security and the actual or potential (i) STUDY OF PLACEMENT WITHIN INTEL- amendment SA 4738 proposed by Mr. vulnerabilities of the United States in light of such threats. LIGENCE COMMUNITY.—Not later than 90 days GRAMM (for himself, Mr. MILLER, Mr. (f) SUPPORT.— after the effective date of this Act, the Presi- MCCONNELL, Mr. THOMPSON, Mr. STE- (1) IN GENERAL.—The following elements of dent shall submit to the Committee on Gov- VENS, Mr. HAGEL, Mr. HUTCHINSON, and the Federal Government shall provide per- ernmental Affairs and the Select Committee Mr. BUNNING) to the amendment SA sonnel and resource support to the Center: on Intelligence of the Senate and the Com- 4471 proposed by Mr. LIEBERMAN to the (A) Other elements of the Department des- mittee on Government Reform and the Per- bill H.R. 5005, to establish the Depart- ignated by the Secretary for that purpose. manent Select Committee on Intelligence of ment of Homeland Security, and for (B) The Federal Bureau of Investigation. the House of Representatives a report assess- (C) Other elements of the intelligence coming the advisability of the following: other purposes; which was ordered to munity, as that term is defined in section (1) Placing the elements of the Department lie on the table; as follows: 3(4) of the National Security Act of 1947 (50 concerned with the analysis of foreign intel- On page 24, strike line 4 and insert the fol- U.S.C. 401a(4)). ligence information within the intelligence lowing: (D) Such other elements of the Federal community under section 3(4) of the Na- (19) On behalf of the Secretary, subject to Government as the President considers ap- tional Security Act of 1947 (50 U.S.C. 401a(4)). disapproval by the President, to direct the propriate. (2) Placing such elements within the Na- agencies described under subsection (f)(1) to (2) MEMORANDA OF UNDERSTANDING.—The tional Foreign Intelligence Program for provide intelligence information, analyses of Secretary may enter into one or more memo- budgetary purposes.

VerDate 0ct 09 2002 04:07 Oct 16, 2002 Jkt 019060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\G15OC6.060 S15PT1 S10452 CONGRESSIONAL RECORD — SENATE October 15, 2002 SEC. 203. ACCESS TO INFORMATION. (v) The National Imagery and Mapping ing evaluation of the centers and their com- Agency. pliance with the requirements of this sec- SA 4881. Mr. SPECTER submitted an (vi) The Defense Intelligence Agency. tion. amendment intended to be proposed to (vii) Other elements of the intelligence ‘‘(3) The Under Secretary shall carry out the Under Secretary’s functions under para- amendment SA 4471 proposed by Mr. community, as defined in section 3(4) of the National Security Act of 1947 (50 U.S.C. graph (2) in consultation with the Assistant LIEBERMAN to the bill H.R. 5005, to es- 410a(4)). Secretary of Veterans Affairs with responsi- tablish the Department of Homeland (viii) Any other agency of the Federal Gov- bility for operations, preparedness, security, Security, and for other purposes; which ernment that the Secretary considers appro- and law enforcement functions. was ordered to lie on the table; as fol- priate. ‘‘(b) MISSION.—The mission of the centers shall be as follows: lows: (C) COOPERATIVE AGREEMENTS.—Personnel ‘‘(1) To carry out research on, and to de- Beginning on page 59, between lines 20 and shall be detailed under this subsection pursuant to cooperative agreements entered into velop methods of detection, diagnosis, pre- 21 insert the following: vention, and treatment of injuries, diseases, for that purpose by the Secretary and the (c) HOMELAND SECURITY ASSESSMENT CEN- and illnesses arising from the use of chem- head of the agency concerned. TER.— ical, biological, radiological, incendiary or (D) BASIS.—The detail of personnel under (1) ESTABLISHMENT.—There is established other explosive weapons or devices posing this subsection may be on a reimbursable or in the Department the Homeland Security threats to the public health and safety. Assessment Center. non-reimbursable basis. On page 59, line 21, strike ‘‘(c)’’ and insert ‘‘(2) To provide education, training, and ad- (2) HEAD.—The Under Secretary of Home- vice to health care professionals, including ‘‘(d)’’. land Security for Intelligence shall be the health care professionals outside the Vet- head of the Center. On page 61, line 1, strike ‘‘(d)’’ and insert ‘‘(e)’’. erans Health Administration, through the (3) RESPONSIBILITIES.—The responsibilities On page 61, line 12, strike ‘‘(e)’’ and insert National Disaster Medical System estab- of the Center shall be as follows: ‘‘(f)’’. lished pursuant to section 2811(b) of the Pub- (A) To assist the Directorate of Intel- On page 62, line 5, strike ‘‘(f)’’ and insert lic Health Service Act (42 U.S.C. 300hh–11(b)) ligence in discharging the responsibilities ‘‘(g)’’. or through interagency agreements entered under subsection (b) of this section. On page 63, line 15, strike ‘‘(g)’’ and insert into by the Secretary for that purpose. (B) To provide intelligence and informa- ‘‘(h)’’. ‘‘(3) In the event of a disaster or emergency tion analysis and support to other elements referred to in section 1785(b) of this title, to of the Department. SA 4882. Mr. SPECTER submitted an provide such laboratory, epidemiological, (C) To perform such other duties as the amendment intended to be proposed to medical, or other assistance as the Secretary Secretary shall provide. amendment SA 4471 proposed by Mr. considers appropriate to Federal, State, and (4) STAFF.— local health care agencies and personnel in- (A) IN GENERAL.—The Secretary shall pro- LIEBERMAN to the bill H.R. 5005, to es- volved in or responding to the disaster or vide the Center with a staff of analysts hav- tablish the Department of Homeland emergency. ing appropriate expertise and experience to Security, and for other purposes; which ‘‘(c) SELECTION OF CENTERS.—(1) The Sec- assist the Center in discharging the respon- was ordered to lie on the table; as fol- retary shall select the sites for the centers sibilities under this subsection. lows: on the basis of a competitive selection proc- (B) PRIVATE SECTOR ANALYSTS.—Analysts ess. The Secretary may not designate a site On page 59, between lines 20 and 21, insert under this subsection may include analysts as a location for a center under this section the following: from the private sector. unless the Secretary makes a finding under (14) On behalf of the Secretary, subject to (C) SECURITY CLEARANCES.—Analysts under paragraph (2) with respect to the proposal for disapproval by the President, directing the this subsection shall possess security clear- the designation of such site. To the max- agencies described under subsection (a)(1)(B) ances appropriate for their work under this imum extent practicable, the Secretary shall to provide intelligence information, analyses section. ensure the geographic dispersal of the sites of intelligence information, and such other (5) COOPERATION WITHIN DEPARTMENT.—The throughout the United States. Any such cen- intelligence-related information as the Secretary shall ensure that the Center co- ter may be a consortium of efforts of more Under Secretary for Intelligence determines operates closely with other officials of the than one medical center. necessary. ‘‘(2) A finding by the Secretary referred to Department having responsibility for infra- in paragraph (1) with respect to a proposal structure protection in order to provide the SA 4883. Mr. DASCHLE (for Mr. for designation of a site as a location of a Secretary with a complete and comprehen- ROCKEFELLER) proposed an amendment center under this section is a finding by the sive understanding of threats to homeland to the bill H.R. 3253, to amend title 38, Secretary, upon the recommendations of the security and the actual or potential Under Secretary for Health and the Assist- vulnerabilities of the United States in light United States Code, to provide for the establishment within the Department ant Secretary with responsibility for oper- of such threats. ations, preparedness, security, and law en- (6) SUPPORT.— of Veterans Affairs of improved emer- forcement functions, that the facility or fa- (A) IN GENERAL.—The following elements of gency medical preparedness, research, cilities submitting the proposal have devel- the Federal Government shall provide per- and education programs to combat ter- oped (or may reasonably be anticipated to sonnel and resource support to the Center: rorism, and for other purposes; as fol- develop) each of the following: (i) Other elements of the Department des- lows: ‘‘(A) An arrangement with a qualifying ignated by the Secretary for that purpose. medical school and a qualifying school of Strike all after the enacting clause and in- (ii) The Federal Bureau of Investigation. public health (or a consortium of such sert the following: (iii) Other elements of the intelligence schools) under which physicians and other community, as defined in section 3(4) of the SECTION 1. SHORT TITLE. persons in the health field receive education National Security Act of 1947 (50 U.S.C. This Act may be cited as the ‘‘Department and training through the participating De- 401a(4)). of Veterans Affairs Emergency Preparedness partment medical facilities so as to provide (iv) Such other elements of the Federal Act of 2002’’. those persons with training in the detection, Government as the President considers ap- SEC. 2. ESTABLISHMENT OF MEDICAL EMER- diagnosis, prevention, and treatment of inju- propriate. GENCY PREPAREDNESS CENTERS AT ries, diseases, and illnesses induced by expo- (B) MEMORANDA OF UNDERSTANDING.—The DEPARTMENT OF VETERANS AF- sures to chemical and biological substances, FAIRS MEDICAL CENTERS. Secretary may enter into one or more memo- radiation, and incendiary or other explosive (a) IN GENERAL.—(1) Subchapter II of chap- randa of understanding with the head of an weapons or devices. ter 73 of title 38, United States Code, is element referred to in paragraph (1) regard- ‘‘(B) An arrangement with a graduate amended by adding at the end the following ing the provision of support to the Center school specializing in epidemiology under under that paragraph. new section: which students receive education and train- (7) DETAIL OF PERSONNEL.— ‘‘§ 7325. Medical emergency preparedness ing in epidemiology through the partici- (A) IN GENERAL.—In order to assist the centers pating Department facilities so as to provide Center in discharging the responsibilities ‘‘(a) ESTABLISHMENT OF CENTERS.—(1) The such students with training in the epidemi- under subsection (c), personnel of the agen- Secretary shall establish four medical emer- ology of contagious and infectious diseases cies referred to in paragraph (2) may be de- gency preparedness centers in accordance and chemical and radiation poisoning in an tailed to the Department for the perform- with this section. Each such center shall be exposed population. ance of analytic functions and related duties. established at a Department medical center ‘‘(C) An arrangement under which nursing, (B) COVERED AGENCIES.—The agencies re- and shall be staffed by Department employ- social work, counseling, or allied health per- ferred to in this paragraph are as follows: ees. sonnel and students receive training and (i) The Department of State. ‘‘(2) The Under Secretary for Health shall education in recognizing and caring for con- (ii) The Central Intelligence Agency. be responsible for supervising the operation ditions associated with exposures to toxins (iii) The Federal Bureau of Investigation. of the centers established under this section. through the participating Department facili- (iv) The National Security Agency. The Under Secretary shall provide for ongo- ties.

VerDate 0ct 09 2002 03:14 Oct 16, 2002 Jkt 019060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\A15OC6.059 S15PT1 October 15, 2002 CONGRESSIONAL RECORD — SENATE S10453 ‘‘(D) The ability to attract scientists who ter, on a nonreimbursable basis, of employ- seminate a series of model education and have made significant contributions to the ees from other departments and agencies of training programs on the medical responses development of innovative approaches to the the United States who have expertise that to the consequences of terrorist activities. detection, diagnosis, prevention, or treat- would further the mission of the center. Any ‘‘(b) IMPLEMENTING OFFICIAL.—The pro- ment of injuries, diseases, and illnesses aris- such employee may be so assigned or de- gram shall be carried out through the Under ing from the use of chemical, biological, ra- tailed on a nonreimbursable basis pursuant Secretary for Health, in consultation with diological, incendiary or other explosive to such a request. the Assistant Secretary of Veterans Affairs weapons or devices posing threats to the ‘‘(i) FUNDING.—(1) Amounts appropriated with responsibility for operations, prepared- public health and safety. for the activities of the centers under this ness, security, and law enforcement func- ‘‘(3) For purposes of paragraph (2)(A)— section shall be appropriated separately tions. ‘‘(A) a qualifying medical school is an ac- from amounts appropriated for the Depart- ‘‘(c) CONTENT OF PROGRAMS.—The edu- credited medical school that provides edu- ment for medical care. cation and training programs developed cation and training in toxicology and envi- ‘‘(2) In addition to funds appropriated for a under the program shall be modelled after ronmental health hazards and with which fiscal year specifically for the activities of programs established at the F. Edward one or more of the participating Department the centers pursuant to paragraph (1), the Hebe´rt School of Medicine of the Uniformed medical centers is affiliated; and Under Secretary for Health shall allocate to Services University of the Health Sciences such centers from other funds appropriated ‘‘(B) a qualifying school of public health is and shall include, at a minimum, training for that fiscal year generally for the Depart- an accredited school of public health that for health care professionals in the fol- ment medical care account and the Depart- provides education and training in toxi- lowing: ment medical and prosthetics research ac- cology and environmental health hazards ‘‘(1) Recognition of chemical, biological, count such amounts as the Under Secretary and with which one or more of the partici- radiological, incendiary, or other explosive determines appropriate to carry out the pur- pating Department medical centers is affili- agents, weapons, or devices that may be used poses of this section. Any determination by in terrorist activities. ated. the Under Secretary under the preceding ‘‘(d) RESEARCH ACTIVITIES.—Each center ‘‘(2) Identification of the potential symp- sentence shall be made in consultation with shall conduct research on improved medical toms of exposure to those agents. the Assistant Secretary with responsibility preparedness to protect the Nation from ‘‘(3) Understanding of the potential long- for operations, preparedness, security, and threats in the area of that center’s expertise. term health consequences, including psycho- law enforcement functions. Each center may seek research funds from logical effects, resulting from exposure to ‘‘(3) There are authorized to be appro- those agents, weapons, or devices. public and private sources for such purpose. priated for the centers under this section ‘‘(e) DISSEMINATION OF RESEARCH PROD- ‘‘(4) Emergency treatment for exposure to $20,000,000 for each of fiscal years 2003 UCTS.—(1) The Under Secretary for Health those agents, weapons, or devices. through 2007.’’. and the Assistant Secretary with responsi- (2) The table of sections at the beginning of ‘‘(5) An appropriate course of followup bility for operations, preparedness, security, such chapter is amended by inserting after treatment, supportive care, and referral. and law enforcement functions shall ensure the item relating to section 7324 the fol- ‘‘(6) Actions that can be taken while pro- that information produced by the research, lowing new item: viding care for exposure to those agents, education and training, and clinical activi- weapons, or devices to protect against con- ‘‘7325. Medical emergency preparedness cen- ties of centers established under this section tamination, injury, or other hazards from ters.’’. is made available, as appropriate, to health- such exposure. (b) PEER REVIEW FOR DESIGNATION OF CEN- care providers in the United States. Dissemi- ‘‘(7) Information on how to seek consult- TERS.—(1) In order to assist the Secretary of nation of such information shall be made Veterans Affairs and the Under Secretary of ative support and to report suspected or ac- through publications, through programs of Veterans Affairs for Health in selecting sites tual use of those agents. ‘‘(d) POTENTIAL TRAINEES.—In designing continuing medical and related education for centers under section 7325 of title 38, the education and training programs under provided through regional medical education United States Code, as added by subsection this section, the Secretary shall ensure that centers under subchapter VI of chapter 74 of (a), the Under Secretary shall establish a different programs are designed for health- this title, and through other means. Such peer review panel to assess the scientific and care professionals in Department medical programs of continuing medical education clinical merit of proposals that are sub- centers. The programs shall be designed to shall receive priority in the award of fund- mitted to the Secretary for the designation be disseminated to health professions stu- ing. of such centers. The peer review panel shall dents, graduate health and medical edu- ‘‘(2) The Secretary shall ensure that the be established in consultation with the As- cation trainees, and health practitioners in a work of the centers is conducted in close co- sistant Secretary of Veterans Affairs with variety of fields. ordination with other Federal departments responsibility for operations, preparedness, and agencies and that research products or ‘‘(e) CONSULTATION.—In establishing edu- security, and law enforcement functions. cation and training programs under this sec- other information of the centers shall be co- (2) The peer review panel shall include ex- tion, the Secretary shall consult with appro- ordinated and shared with other Federal de- perts in the fields of toxicological research, priate representatives of accrediting, certi- partments and agencies. infectious diseases, radiology, clinical care fying, and coordinating organizations in the ‘‘(f) COORDINATION OF ACTIVITIES.—The Sec- of patients exposed to such hazards, and field of health professions education.’’. retary shall take appropriate actions to en- other persons as determined appropriate by sure that the work of each center is carried (2) The table of sections at the beginning of the Secretary. Members of the panel shall such chapter is amended by inserting after out— serve as consultants to the Department of ‘‘(1) in close coordination with the Depart- the item relating to section 7325, as added by Veterans Affairs. section 2(a)(2), the following new item: ment of Defense, the Department of Health (3) The panel shall review each proposal and Human Services, and other departments, submitted to the panel by the officials re- ‘‘7326. Education and training programs on agencies, and elements of the Government ferred to in paragraph (1) and shall submit to medical response to con- charged with coordination of plans for the Under Secretary for Health its views on sequences of terrorist activi- United States homeland security; and the relative scientific and clinical merit of ties.’’. ‘‘(2) after taking into consideration appli- each such proposal. The panel shall specifi- (b) EFFECTIVE DATE.—The Secretary of cable recommendations of the working group cally determine with respect to each such Veterans Affairs shall implement section on the prevention, preparedness, and re- proposal whether that proposal is among 7326 of title 38, United States Code, as added sponse to bioterrorism and other public those proposals which have met the highest by subsection (a), not later than the end of health emergencies established under section competitive standards of scientific and clin- the 90-day period beginning on the date of 319F(a) of the Public Health Service Act (42 ical merit. the enactment of this Act. U.S.C. 247d–6(a)) or any other joint inter- (4) The panel shall not be subject to the SEC. 4. AUTHORITY TO FURNISH HEALTH CARE agency advisory group or committee des- Federal Advisory Committee Act (5 U.S.C. DURING MAJOR DISASTERS AND MEDICAL EMERGENCIES. ignated by the President or the President’s App.). (a) IN GENERAL.—(1) Subchapter VIII of designee to coordinate Federal research on SEC. 3. EDUCATION AND TRAINING PROGRAMS chapter 17 of title 38, United States Code, is weapons of mass destruction. ON MEDICAL RESPONSES TO CON- amended by adding at the end the following ‘‘(g) ASSISTANCE TO OTHER AGENCIES.—The SEQUENCES OF TERRORIST ACTIVI- Secretary may provide assistance requested TIES. new section: by appropriate Federal, State, and local civil (a) IN GENERAL.—(1) Subchapter II of chap- ‘‘§ 1785. Care and services during certain dis- and criminal authorities in investigations, ter 73 of title 38, United States Code, is asters and emergencies inquiries, and data analyses as necessary to amended by adding after section 7325, as ‘‘(a) AUTHORITY TO PROVIDE HOSPITAL CARE protect the public safety and prevent or ob- added by section 2(a)(1), the following new AND MEDICAL SERVICES.—During and imme- viate biological, chemical, or radiological section: diately following a disaster or emergency re- threats. ‘‘§ 7326. Education and training programs on ferred to in subsection (b), the Secretary ‘‘(h) DETAIL OF EMPLOYEES FROM OTHER medical response to consequences of ter- may furnish hospital care and medical serv- AGENCIES.—Upon approval by the Secretary, rorist activities ices to individuals responding to, involved the Director of a center may request the ‘‘(a) EDUCATION PROGRAM.—The Secretary in, or otherwise affected by that disaster or temporary assignment or detail to the cen- shall carry out a program to develop and dis- emergency.

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‘‘(b) COVERED DISASTERS AND EMER- lished pursuant to section 2811(b) of the Pub- supplies, and equipment for a variety of pur- GENCIES.—A disaster or emergency referred lic Health Service Act (42 U.S.C. 300hh–11(b)) poses, including response to a chemical or bi- to in this subsection is any disaster or emer- is activated by the Secretary of Health and ological attack or other terrorist attack. gency as follows: Human Services under paragraph (3)(A) of ‘‘(d) TRAINING.—The Secretary shall ensure ‘‘(1) A major disaster or emergency de- that section or as otherwise authorized by that the Department medical centers, in con- clared by the President under the Robert B. law.’’. sultation with the accredited medical school Stafford Disaster Relief and Emergency As- SEC. 5. INCREASE IN NUMBER OF ASSISTANT affiliates of such medical centers, develop sistance Act (42 U.S.C. 5121 et seq.). SECRETARIES OF VETERANS AF- and implement curricula to train resident ‘‘(2) A disaster or emergency in which the FAIRS. physicians and health care personnel in med- National Disaster Medical System estab- (a) INCREASE.—Subsection (a) of section 308 ical matters relating to biological, chemical, lished pursuant to section 2811(b) of the Pub- of title 38, United States Code, is amended by or radiological attacks or attacks from an lic Health Service Act (42 U.S.C. 300hh–11(b)) striking ‘‘six’’ in the first sentence and in- incendiary or other explosive weapon. is activated by the Secretary of Health and serting ‘‘seven’’. ‘‘(e) PARTICIPATION IN NATIONAL DISASTER Human Services under paragraph (3)(A) of (b) FUNCTIONS.—Subsection (b) of such sec- MEDICAL SYSTEM.—(1) The Secretary shall that section or as otherwise authorized by tion is amended by adding at the end the fol- establish and maintain a training program law. lowing new paragraph: to facilitate the participation of the staff of ‘‘(c) APPLICABILITY TO ELIGIBLE INDIVID- ‘‘(11) Operations, preparedness, security, Department medical centers, and of the com- UALS WHO ARE VETERANS.—The Secretary and law enforcement functions.’’. munity partners of such centers, in the Na- may furnish care and services under this sec- (c) NUMBER OF DEPUTY ASSISTANT SECRE- tional Disaster Medical System established tion to an individual described in subsection TARIES.—Subsection (d)(1) of such section is pursuant to section 2811(b) of the Public (a) who is a veteran without regard to wheth- amended by striking ‘‘18’’ and inserting ‘‘19’’. Health Service Act (42 U.S.C. 300hh–11(b)). er that individual is enrolled in the system (d) CONFORMING AMENDMENT.—Section 5315 ‘‘(2) The Secretary shall establish and of patient enrollment under section 1705 of of title 5, United States Code, is amended by maintain the training program under para- this title. striking ‘‘(6)’’ after ‘‘Assistant Secretaries, graph (1) in accordance with the rec- ‘‘(d) REIMBURSEMENT FROM OTHER FEDERAL Department of Veterans Affairs’’ and insert- ommendations of the working group on the DEPARTMENTS AND AGENCIES.—(1) The cost of ing ‘‘(7)’’. prevention, preparedness, and response to any care or services furnished under this sec- SEC. 6. CODIFICATION OF DUTIES OF SECRETARY bioterrorism and other public health emer- tion to an officer or employee of a depart- OF VETERANS AFFAIRS RELATING gencies established under section 319F(a) of ment or agency of the United States other TO EMERGENCY PREPAREDNESS. the Public Health Service Act (42 U.S.C. than the Department or to a member of the (a) IN GENERAL.—(1) Subchapter I of chap- 247d–6(a)). Armed Forces shall be reimbursed at such ter 81 of title 38, United States Code, is ‘‘(3) The Secretary shall establish and rates as may be agreed upon by the Sec- amended by adding at the end the following maintain the training program under para- retary and the head of such department or new section: graph (1) in consultation with the following: ‘‘(A) The Secretary of Defense. agency or the Secretary concerned, in the ‘‘§ 8117. Emergency preparedness case of a member of the Armed Forces, based ‘‘(B) The Secretary of Health and Human ‘‘(a) READINESS OF DEPARTMENT MEDICAL on the cost of the care or service furnished. Services. ‘‘(2) Amounts received by the Department CENTERS.—(1) The Secretary shall take ap- ‘‘(C) The Director of the Federal Emer- under this subsection shall be credited to the propriate actions to provide for the readiness gency Management Agency. Medical Care Collections Fund under section of Department medical centers to protect ‘‘(f) MENTAL HEALTH COUNSELING.—(1) With 1729A of this title. the patients and staff of such centers from respect to activities conducted by personnel ‘‘(e) REPORT TO CONGRESSIONAL COMMIT- chemical or biological attack or otherwise to serving at Department medical centers, the TEES.—Within 60 days of the commencement respond to such an attack so as to enable Secretary shall develop and maintain var- of a disaster or emergency referred to in sub- such centers to fulfill their obligations as ious strategies for providing mental health section (b) in which the Secretary furnishes part of the Federal response to public health counseling and assistance, including coun- care and services under this section (or as emergencies. seling and assistance for post-traumatic soon thereafter as is practicable), the Sec- ‘‘(2) Actions under paragraph (1) shall in- stress disorder, following a bioterrorist at- retary shall submit to the Committees on clude— tack or other public health emergency to the Veterans’ Affairs of the Senate and the ‘‘(A) the provision of decontamination following persons: House of Representatives a report on the equipment and personal protection equip- ‘‘(A) Veterans. Secretary’s allocation of facilities and per- ment at Department medical centers; and ‘‘(B) Local and community emergency re- sonnel in order to furnish such care and serv- ‘‘(B) the provision of training in the use of sponse providers. ices. such equipment to staff of such centers. ‘‘(C) Active duty military personnel. ‘‘(f) REGULATIONS.—The Secretary shall ‘‘(b) SECURITY AT DEPARTMENT MEDICAL ‘‘(D) Individuals seeking care at Depart- prescribe regulations governing the exercise AND RESEARCH FACILITIES.—(1) The Secretary ment medical centers. of the authority of the Secretary under this shall take appropriate actions to provide for ‘‘(2) The strategies under paragraph (1) section.’’. the security of Department medical centers shall include the following: (2) The table of sections at the beginning of and research facilities, including staff and ‘‘(A) Training and certification of pro- that chapter is amended by adding at the end patients at such centers and facilities. viders of mental health counseling and as- the following new item: ‘‘(2) In taking actions under paragraph (1), sistance. ‘‘1785. Care and services during certain disas- the Secretary shall take into account the re- ‘‘(B) Mechanisms for coordinating the pro- ters and emergencies.’’. sults of the evaluation of the security needs vision of mental health counseling and as- (b) MEMBERS OF THE ARMED FORCES ON AC- at Department medical centers and research sistance to emergency response providers re- TIVE DUTY.—Section 8111A(a) of such title is facilities required by section 154(b)(1) of the ferred to in paragraph (1). amended— Public Health Security and Bioterrorism ‘‘(3) The Secretary shall develop and main- (1) by redesignating paragraph (2) as para- Preparedness and Response Act of 2002 (Pub- tain the strategies under paragraph (1) in graph (4); lic Law 107–188; 116 Stat. 631), including the consultation with the Secretary of Health (2) by designating the second sentence of results of such evaluation relating to the fol- and Human Services, the American Red paragraph (1) as paragraph (3); and lowing needs: Cross, and the working group referred to in (3) by inserting between paragraph (1) and ‘‘(A) Needs for the protection of patients subsection (e)(2).’’. paragraph (3), as designated by paragraph (2) and medical staff during emergencies, in- (2) The table of sections at the beginning of of this subsection, the following new para- cluding a chemical or biological attack or such chapter is amended by inserting after graph: other terrorist attack. the item relating to section 8116 the fol- ‘‘(2)(A) During and immediately following ‘‘(B) Needs, if any, for screening personnel lowing new item: a disaster or emergency referred to in sub- engaged in research relating to biological ‘‘8117. Emergency preparedness.’’. paragraph (B), the Secretary may furnish pathogens or agents, including work associ- (b) REPEAL OF CODIFIED PROVISIONS.—Sub- hospital care and medical services to mem- ated with such research. sections (a), (b)(2), (c), (d), (e), and (f) of sec- bers of the Armed Forces on active duty re- ‘‘(C) Needs for securing laboratories or tion 154 of the Public Health Security and sponding to or involved in that disaster or other facilities engaged in research relating Bioterrorism Preparedness and Response Act emergency. to biological pathogens or agents. of 2002 (Public Law 107–188; 38 U.S.C. note ‘‘(B) A disaster or emergency referred to in ‘‘(c) TRACKING OF PHARMACEUTICALS AND prec. 8101) are repealed. this subparagraph is any disaster or emer- MEDICAL SUPPLIES AND EQUIPMENT.—The (c) CONFORMING AMENDMENTS.—Subsection gency as follows: Secretary shall develop and maintain a cen- (g) of such section is amended— ‘‘(i) A major disaster or emergency de- tralized system for tracking the current lo- (1) in paragraph (1), by inserting ‘‘of sec- clared by the President under the Robert B. cation and availability of pharmaceuticals, tion 8117 of title 38, United States Code’’ Stafford Disaster Relief and Emergency As- medical supplies, and medical equipment after ‘‘subsection (a)’’; and sistance Act (42 U.S.C. 5121 et seq.). throughout the Department health care sys- (2) in paragraph (2), by striking ‘‘sub- ‘‘(ii) A disaster or emergency in which the tem in order to permit the ready identifica- sections (b) through (f)’’ and inserting ‘‘sub- National Disaster Medical System estab- tion and utilization of such pharmaceuticals, section (b)(1) of this section and subsections

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(b) through (f) of section 8117 of title 38, ‘‘(b) ENTITLEMENT TO PRIORITY OF SERV- veterans priority in referral to such employ- United States Code’’. ICE.—(1) A covered person is entitled to pri- ment openings; and ority of service under any qualified job train- ‘‘(C) each such employment service deliv- SA 4884. Mr. DASCHLE (for Mr. ing program if the person otherwise meets ery system shall provide a list of such em- ROCKEFELLER) proposed an amendment the eligibility requirements for participation ployment openings to States, political sub- to the bill H.R. 4015, to amend title 38, in such program. divisions of States, or any private entities or United States Code, to revise and im- ‘‘(2) The Secretary of Labor may establish organizations under contract to carry out prove employment, training, and place- priorities among covered persons for pur- employment, training, and placement serv- poses of this section to take into account the ices under chapter 41 of this title. ment services furnished to veterans, needs of disabled veterans and special dis- ‘‘(3) In this section: and for other purposes; as follows: abled veterans, and such other factors as the ‘‘(A) The term ‘covered veteran’ means any Strike all after the enacting clause and in- Secretary determines appropriate. of the following veterans: sert the following: ‘‘(c) ADMINISTRATION OF PROGRAMS AT ‘‘(i) Disabled veterans. SECTION 1. SHORT TITLE; REFERENCES TO TITLE STATE AND LOCAL LEVELS.—An entity of a ‘‘(ii) Veterans who served on active duty in 38, UNITED STATES CODE. State or a political subdivision of the State the Armed Forces during a war or in a cam- (a) SHORT TITLE.—This Act may be cited as that administers or delivers services under a paign or expedition for which a campaign the ‘‘Jobs for Veterans Act’’. qualified job training program shall— badge has been authorized. (b) REFERENCES TO TITLE 38, UNITED STATES ‘‘(1) provide information and priority of ‘‘(iii) Veterans who, while serving on ac- CODE.—Except as otherwise expressly pro- service to covered persons regarding benefits tive duty in the Armed Forces, participated vided, whenever in this Act an amendment and services that may be obtained through in a United States military operation for or repeal is expressed in terms of an amend- other entities or service providers; and which an Armed Forces service medal was ment to, or repeal of, a section or other pro- ‘‘(2) ensure that each covered person who awarded pursuant to Executive Order 12985 vision, the reference shall be considered to applies to or who is assisted by such a pro- (61 Fed. Reg. 1209). be made to a section or other provision of gram is informed of the employment-related ‘‘(iv) Recently separated veterans. title 38, United States Code. rights and benefits to which the person is en- ‘‘(B) The term ‘qualified’, with respect to SEC. 2. PRIORITY OF SERVICE FOR VETERANS IN titled under this section. an employment position, means having the DEPARTMENT OF LABOR JOB TRAIN- ‘‘(d) ADDITION TO ANNUAL REPORT.—In the ability to perform the essential functions of ING PROGRAMS. annual report required under section 4107(c) the position with or without reasonable ac- (a) VETERANS’ JOB TRAINING ASSISTANCE.— of this title for the program year beginning (1) Chapter 42 is amended by adding at the commodation for an individual with a dis- in 2003 and each subsequent program year, end the following new section: ability.’’. the Secretary of Labor shall evaluate wheth- (2)(A) Section 4212(c) is amended— ‘‘§ 4215. Priority of service for veterans in De- er covered persons are receiving priority of (i) by striking ‘‘suitable’’; and partment of Labor job training programs service and are being fully served by quali- (ii) by striking ‘‘subsection (a)(2) of this ‘‘(a) DEFINITIONS.—In this section: fied job training programs, and whether the section’’ and inserting ‘‘subsection (a)(2)(B)’’. ‘‘(1) The term ‘covered person’ means any representation of veterans in such programs (B) Section 4212(d)(1) is amended— of the following individuals: is in proportion to the incidence of represen- (i) in the matter preceding subparagraph ‘‘(A) A veteran. tation of veterans in the labor market, in- (A), by striking ‘‘of this section’’ after ‘‘sub- ‘‘(B) The spouse of any of the following including within groups that the Secretary section (a)’’; and dividuals: may designate for priority under such pro- (ii) by amending subparagraphs (A) and (B) ‘‘(i) Any veteran who died of a service-con- grams, if any.’’. to read as follows: nected disability. (2) The table of sections at the beginning of ‘‘(A) the number of employees in the work- ‘‘(ii) Any member of the Armed Forces chapter 42 is amended by inserting after the force of such contractor, by job category and serving on active duty who, at the time of item relating to section 4214 the following hiring location, and the number of such em- application for assistance under this section, new item: ployees, by job category and hiring location, is listed, pursuant to section 556 of title 37 ‘‘4215. Priority of service for veterans in De- who are qualified covered veterans; and regulations issued thereunder, by the partment of Labor job training ‘‘(B) the total number of new employees Secretary concerned in one or more of the programs.’’. hired by the contractor during the period following categories and has been so listed (b) EMPLOYMENT OF VETERANS WITH RE- covered by the report and the number of for a total of more than 90 days: (I) missing SPECT TO FEDERAL CONTRACTS.—(1) Section such employees who are qualified covered in action, (II) captured in line of duty by a 4212(a) is amended to read as follows: veterans; and’’. hostile force, or (III) forcibly detained or in- ‘‘(a)(1) Any contract in the amount of (C) Section 4212(d)(2) is amended by strik- terned in line of duty by a foreign govern- $100,000 or more entered into by any depart- ing ‘‘of this subsection’’ after ‘‘paragraph ment or power. ment or agency of the United States for the (1)’’. ‘‘(iii) Any veteran who has a total dis- procurement of personal property and non- (D) Section 4211(6) is amended by striking ability resulting from a service-connected personal services (including construction) ‘‘one-year period’’ and inserting ‘‘three-year disability. for the United States, shall contain a provi- period’’. (3) The amendments made by this sub- ‘‘(iv) Any veteran who died while a dis- sion requiring that the party contracting section shall apply with respect to contracts ability so evaluated was in existence. with the United States take affirmative ac- entered into on or after the first day of the ‘‘(2) The term ‘qualified job training pro- tion to employ and advance in employment first month that begins 12 months after the gram’ means any workforce preparation, de- qualified covered veterans. This section ap- date of the enactment of this Act. velopment, or delivery program or service plies to any subcontract in the amount of (c) EMPLOYMENT WITHIN THE FEDERAL GOV- that is directly funded, in whole or in part, $100,000 or more entered into by a prime con- ERNMENT.—(1) Section 4214(a)(1) is amended— by the Department of Labor and includes the tractor in carrying out any such contract. (A) in the first sentence, by striking ‘‘life’’ following: ‘‘(2) In addition to requiring affirmative and all that follows and inserting ‘‘life.’’; and ‘‘(A) Any such program or service that uses action to employ such qualified covered vet- (B) in the second sentence, by striking technology to assist individuals to access erans under such contracts and subcontracts ‘‘major’’ and inserting ‘‘uniquely qualified’’. workforce development programs (such as and in order to promote the implementation (2) Section 4214(b) is amended— job and training opportunities, labor market of such requirement, the Secretary of Labor (A) in paragraph (1), by striking ‘‘readjust- information, career assessment tools, and re- shall prescribe regulations requiring that— ment’’ and inserting ‘‘recruitment’’; lated support services). ‘‘(A) each such contractor for each such (B) in paragraph (2), by striking ‘‘to—’’ and ‘‘(B) Any such program or service under contract shall immediately list all of its em- all that follows through the period at the the public employment service system, one- ployment openings with the appropriate em- end and inserting ‘‘to qualified covered vet- stop career centers, the Workforce Invest- ployment service delivery system (as defined erans.’’; ment Act of 1998, a demonstration or other in section 4101(7) of this title), and may also (C) in paragraph (3), to read as follows: temporary program, and those programs im- list such openings with one-stop career cen- ‘‘(3) A qualified covered veteran may re- plemented by States or local service pro- ters under the Workforce Investment Act of ceive such an appointment at any time.’’. viders based on Federal block grants admin- 1998, other appropriate service delivery (3)(A) Section 4214(a) is amended— istered by the Department of Labor. points, or America’s Job Bank (or any addi- (i) in the third sentence of paragraph (1), ‘‘(C) Any such program or service that is a tional or subsequent national electronic job by striking ‘‘disabled veterans and certain workforce development program targeted to bank established by the Department of veterans of the Vietnam era and of the post- specific groups. Labor), except that the contractor may ex- Vietnam era’’ and inserting ‘‘qualified cov- ‘‘(3) The term ‘priority of service’ means, clude openings for executive and senior man- ered veterans (as defined in paragraph with respect to any qualified job training agement positions and positions which are to (2)(B))’’; and program, that a covered person shall be be filled from within the contractor’s organi- (ii) in paragraph (2), to read as follows: given priority over nonveterans for the re- zation and positions lasting three days or ‘‘(2) In this section: ceipt of employment, training, and place- less; ‘‘(A) The term ‘agency’ has the meaning ment services provided under that program, ‘‘(B) each such employment service deliv- given the term ‘department or agency’ in notwithstanding any other provision of law. ery system shall give such qualified covered section 4211(5) of this title.

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‘‘(B) The term ‘qualified covered veteran’ (b) CLERICAL AMENDMENT.—The table of programs with readjustment counseling ac- means a veteran described in section sections at the beginning of chapter 41 is tivities carried out under section 1712A of 4212(a)(3) of this title.’’. amended by adding at the end the following this title, apprenticeship or other on-the-job (B) Clause (i) of section 4214(e)(2)(B) is new item: training programs carried out under section amended by striking ‘‘of the Vietnam era’’. ‘‘4112. Performance incentive awards for 3687 of this title, and rehabilitation and (C) Section 4214(g) is amended— quality employment, training, training activities carried out under chapter (i) by striking ‘‘qualified’’ the first place it and placement services.’’. 31 of this title and (B) determinations cov- occurs and all that follows through ‘‘era’’ the SEC. 4. REFINEMENT OF JOB TRAINING AND ering veteran population in a State. first place it occurs and inserting ‘‘qualified PLACEMENT FUNCTIONS OF THE DE- ‘‘(4) Ensure that employment, training, covered veterans’’; and PARTMENT. and placement activities are carried out in (ii) by striking ‘‘under section 1712A of this (a) REVISION OF DEPARTMENT LEVEL SENIOR coordination and cooperation with appro- title’’ and all that follows and inserting OFFICIALS AND FUNCTIONS.—(1) Sections priate State public employment service offi- ‘‘under section 1712A of this title.’’. 4102A and 4103 are amended to read as fol- cials. (4) The amendments made by this sub- lows: ‘‘(5) Subject to subsection (c), make avail- section shall apply to qualified covered vet- ‘‘§ 4102A. Assistant Secretary of Labor for Vet- able for use in each State by grant or con- erans without regard to any limitation relat- erans’ Employment and Training; program tract such funds as may be necessary to sup- ing to the date of the veteran’s last dis- functions; Regional Administrators port— charge or release from active duty that may ‘‘(A) disabled veterans’ outreach program ‘‘(a) ESTABLISHMENT OF POSITION OF AS- have otherwise applied under section specialists appointed under section SISTANT SECRETARY OF LABOR FOR VETERANS’ 4214(b)(3) as in effect on the date before the 4103A(a)(1) of this title, EMPLOYMENT AND TRAINING.—(1) There is es- date of the enactment of this Act. ‘‘(B) local veterans’ employment represent- tablished within the Department of Labor an atives assigned under section 4104(b) of this SEC. 3. FINANCIAL AND NON-FINANCIAL PER- Assistant Secretary of Labor for Veterans’ title, and FORMANCE INCENTIVE AWARDS FOR Employment and Training, appointed by the QUALITY VETERANS EMPLOYMENT, ‘‘(C) the reasonable expenses of such spe- President by and with the advice and con- TRAINING, AND PLACEMENT SERV- cialists and representatives described in sub- sent of the Senate, who shall formulate and ICES. paragraphs (A) and (B), respectively, for implement all departmental policies and pro- (a) PERFORMANCE INCENTIVE AWARDS FOR training, travel, supplies, and other business cedures to carry out (A) the purposes of this QUALITY EMPLOYMENT, TRAINING, AND PLACE- expenses, including travel expenses and per chapter, chapter 42, and chapter 43 of this MENT SERVICES.—Chapter 41 is amended by diem for attendance at the National Vet- title, and (B) all other Department of Labor adding at the end the following new section: erans’ Employment and Training Services employment, unemployment, and training Institute established under section 4109 of ‘‘§ 4112. Performance incentive awards for programs to the extent they affect veterans. this title. quality employment, training, and place- ‘‘(2) The employees of the Department of ‘‘(6) Monitor and supervise on a continuing ment services Labor administering chapter 43 of this title basis the distribution and use of funds pro- ‘‘(a) CRITERIA FOR PERFORMANCE INCENTIVE shall be administratively and functionally vided for use in the States under paragraph AWARDS.—(1) For purposes of carrying out a responsible to the Assistant Secretary of (5). program of performance incentive awards Labor for Veterans’ Employment and Train- ‘‘(7) Establish, and update as appropriate, a under section 4102A(c)(2)(A)(i)(III) of this ing. title, the Secretary, acting through the As- ‘‘(3)(A) There shall be within the Depart- comprehensive performance accountability sistant Secretary of Labor for Veterans’ Em- ment of Labor a Deputy Assistant Secretary system (as described in subsection (f)) and ployment and Training, shall establish cri- of Labor for Veterans’ Employment and carry out annual performance reviews of vet- teria for performance incentive awards pro- Training. The Deputy Assistant Secretary erans employment, training, and placement grams to be administered by States to— shall perform such functions as the Assistant services provided through employment serv- ‘‘(A) encourage the improvement and mod- Secretary of Labor for Veterans’ Employ- ice delivery systems, including through dis- ernization of employment, training, and ment and Training prescribes. abled veterans’ outreach program specialists placement services provided under this chap- ‘‘(B) No individual may be appointed as a and through local veterans’ employment rep- ter; and Deputy Assistant Secretary of Labor for Vet- resentatives in States receiving grants, con- ‘‘(B) recognize eligible employees for excel- erans’ Employment and Training unless the tracts, or awards under this chapter. ‘‘(c) CONDITIONS FOR RECEIPT OF FUNDS.—(1) lence in the provision of such services or for individual has at least five years of service The distribution and use of funds under sub- having made demonstrable improvements in in a management position as an employee of section (b)(5) in order to carry out sections the provision of such services. the Federal civil service or comparable serv- 4103A(a) and 4104(a) of this title shall be sub- ‘‘(2) The Secretary shall establish such cri- ice in a management position in the Armed ject to the continuing supervision and moni- teria in consultation with representatives of Forces. For purposes of determining such toring of the Secretary and shall not be gov- States, political subdivisions of States, and service of an individual, there shall be ex- erned by the provisions of any other law, or other providers of employment, training, and cluded any service described in subpara- any regulations prescribed thereunder, that placement services under the Workforce In- graphs (A), (B), and (C) of section 308(d)(2) of are inconsistent with this section or section vestment Act of 1998 consistent with the per- this title. 4103A or 4104 of this title. formance measures established under section ‘‘(b) PROGRAM FUNCTIONS.—The Secretary ‘‘(2)(A) A State shall submit to the Sec- 4102A(b)(7) of this title. shall carry out the following functions: retary an application for a grant or contract ‘‘(b) FORM OF AWARDS.—Under the criteria ‘‘(1) Except as expressly provided other- under subsection (b)(5). The application shall established by the Secretary for performance wise, carry out all provisions of this chapter contain the following information: incentive awards to be administered by and chapter 43 of this title through the As- ‘‘(i) A plan that describes the manner in States, an award under such criteria may be sistant Secretary of Labor for Veterans’ Em- which the State shall furnish employment, a cash award or such other nonfinancial ployment and Training and administer training, and placement services required awards as the Secretary may specify. through such Assistant Secretary all pro- under this chapter for the program year, in- ‘‘(c) RELATIONSHIP OF AWARD TO GRANT grams under the jurisdiction of the Sec- cluding a description of— PROGRAM AND EMPLOYEE COMPENSATION.— retary for the provision of employment and ‘‘(I) duties assigned by the State to dis- Performance incentive cash awards under training services designed to meet the needs abled veterans’ outreach program specialists this section— of all veterans and persons eligible for serv- and local veterans’ employment representa- ‘‘(1) shall be made from amounts allocated ices furnished under this chapter. tives consistent with the requirements of from the grant or contract amount for a ‘‘(2) In order to make maximum use of sections 4103A and 4104 of this title; State for a program year under section available resources in meeting such needs, ‘‘(II) the manner in which such specialists 4102A(c)(7) of this title; and encourage all such programs, and all grant- and representatives are integrated in the em- ‘‘(2) is in addition to the regular pay of the ees and contractors under such programs to ployment service delivery systems in the recipient. enter into cooperative arrangements with State; and ‘‘(d) ELIGIBLE EMPLOYEE DEFINED.—In this private industry and business concerns (in- ‘‘(III) the program of performance incen- section, the term ‘eligible employee’ means cluding small business concerns owned by tive awards described in section 4112 of this any of the following: veterans or disabled veterans), educational title in the State for the program year. ‘‘(1) A disabled veterans’ outreach program institutions, trade associations, and labor ‘‘(ii) The veteran population to be served. specialist. unions. ‘‘(iii) Such additional information as the ‘‘(2) A local veterans’ employment rep- ‘‘(3) Ensure that maximum effectiveness Secretary may require to make a determina- resentative. and efficiency are achieved in providing serv- tion with respect to awarding a grant or con- ‘‘(3) An individual providing employment, ices and assistance to eligible veterans under tract to the State. training, and placement services to veterans all such programs by coordinating and con- ‘‘(B)(i) Subject to the succeeding provi- under the Workforce Investment Act of 1998 sulting with the Secretary of Veterans Af- sions of this subparagraph, of the amount or through an employment service delivery fairs with respect to (A) programs conducted available under subsection (b)(5) for a fiscal system (as defined in section 4101(7) of this under other provisions of this title, with par- year, the Secretary shall make available to title).’’. ticular emphasis on coordination of such each State with an application approved by

VerDate 0ct 09 2002 03:14 Oct 16, 2002 Jkt 019060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\A15OC6.065 S15PT1 October 15, 2002 CONGRESSIONAL RECORD — SENATE S10457 the Secretary an amount of funding in pro- cent of the amount of a grant or contract appointed in accordance with the provisions portion to the number of veterans seeking under which funds are made available to a of title 5 governing appointments in the employment using such criteria as the Sec- State in order to carry out section 4103A or competitive service and shall be paid in ac- retary may establish in regulation, including 4104 of this title for the program year shall cordance with the provisions of chapter 51 civilian labor force and unemployment data, be for the purposes of making cash awards and subchapter III of chapter 53 of title 5. for the State on an annual basis. The propor- under the program of performance incentive ‘‘(b) ADDITIONAL FEDERAL PERSONNEL.—The tion of funding shall reflect the ratio of— awards described in section 4112 of this title Secretary may also assign as supervisory ‘‘(I) the total number of veterans residing in the State. personnel such representatives of the Vet- in the State that are seeking employment; ‘‘(d) PARTICIPATION IN OTHER FEDERALLY erans’ Employment and Training Service as to FUNDED JOB TRAINING PROGRAMS.—The As- the Secretary determines appropriate to ‘‘(II) the total number of veterans seeking sistant Secretary of Labor for Veterans’ Em- carry out the employment, training, and employment in all States. ployment and Training shall promote and placement services required under this chap- ‘‘(ii) The Secretary shall phase in over the monitor participation of qualified veterans ter, including Assistant Directors for Vet- three fiscal-year period that begins on Octo- and eligible persons in employment and erans’ Employment and Training.’’. ber 1, 2002, the manner in which amounts are training opportunities under title I of the (2) The items relating to sections 4102A and made available to States under subsection Workforce Investment Act of 1998 and other 4103, respectively, in the table of sections at (b)(5) and this subsection, as amended by the federally funded employment and training the beginning of chapter 41 are amended to Jobs for Veterans Act. programs. read as follows: ‘‘(iii) In carrying out this paragraph, the ‘‘(e) REGIONAL ADMINISTRATORS.—(1) The ‘‘4102A. Assistant Secretary of Labor for Vet- Secretary may establish minimum funding Secretary shall assign to each region for erans’ Employment and Train- levels and hold-harmless criteria for States. which the Secretary operates a regional of- ing; program functions; Re- ‘‘(3)(A)(i) As a condition of a grant or con- fice a representative of the Veterans’ Em- gional Administrators. tract under this section for a program year, ployment and Training Service to serve as ‘‘4103. Directors and Assistant Directors for in the case of a State that the Secretary de- the Regional Administrator for Veterans’ Veterans’ Employment and termines has an entered-employment rate Employment and Training in such region. Training; additional Federal for veterans that is deficient for the pre- ‘‘(2) Each such Regional Administrator personnel.’’. ceding program year, the State shall develop shall carry out such duties as the Secretary a corrective action plan to improve that rate (3)(A)(i) Section 4104A is repealed. may require to promote veterans employ- (ii) The table of sections at the beginning for veterans in the State. ment and reemployment within the region ‘‘(ii) The State shall submit the corrective of chapter 41 is amended by striking the item that the Administrator serves. relating to section 4104A. action plan to the Secretary for approval, ‘‘(f) ESTABLISHMENT OF PERFORMANCE (B) Section 4107(b) is amended by striking and if approved, shall expeditiously imple- STANDARDS AND OUTCOMES MEASURES.—(1) ‘‘The Secretary shall establish definitive ment the plan. By not later than 6 months after the date of performance standards’’ and inserting ‘‘The ‘‘(iii) If the Secretary does not approve a the enactment of this section, the Assistant Secretary shall apply performance standards corrective action plan submitted by the Secretary of Labor for Veterans’ Employ- established under section 4102A(f) of this State under clause (i), the Secretary shall ment and Training shall establish and imple- title’’. take such steps as may be necessary to im- ment a comprehensive performance account- plement corrective actions in the State to (4) The amendments made by this sub- ability system to measure the performance section shall take effect on the date of the improve the entered-employment rate for of employment service delivery systems, in- veterans in that State. enactment of this Act, and apply for pro- cluding disabled veterans’ outreach program gram and fiscal years under chapter 41 of ‘‘(B) To carry out subparagraph (A), the specialists and local veterans’ employment Secretary shall establish in regulations a title 38, United States Code, beginning on or representatives providing employment, after such date. uniform national threshold entered-employ- training, and placement services under this (b) REVISION OF STATUTORILY DEFINED DU- ment rate for veterans for a program year by chapter in a State to provide accountability TIES OF DISABLED VETERANS’ OUTREACH PRO- which determinations of deficiency may be of that State to the Secretary for purposes of GRAM SPECIALISTS AND LOCAL VETERANS’ EM- made under subparagraph (A). subsection (c). PLOYMENT REPRESENTATIVES.—(1) Section ‘‘(C) In making a determination with re- ‘‘(2) Such standards and measures shall— spect to a deficiency under subparagraph (A), 4103A is amended by striking all after the ‘‘(A) be consistent with State performance heading and inserting the following: the Secretary shall take into account the ap- measures applicable under section 136(b) of ‘‘(a) REQUIREMENT FOR EMPLOYMENT BY plicable annual unemployment data for the the Workforce Investment Act of 1998; and STATES OF A SUFFICIENT NUMBER OF SPECIAL- State and consider other factors, such as pre- ‘‘(B) be appropriately weighted to provide ISTS.—(1) Subject to approval by the Sec- vailing economic conditions, that affect per- special consideration for placement of (i) formance of individuals providing employ- retary, a State shall employ such full- or veterans requiring intensive services (as depart-time disabled veterans’ outreach pro- ment, training, and placement services in fined in section 4101(9) of this title), such as the State. gram specialists as the State determines ap- special disabled veterans and disabled vet- propriate and efficient to carry out intensive ‘‘(4) In determining the terms and condi- erans, and (ii) veterans who enroll in read- tions of a grant or contract under which services under this chapter to meet the em- justment counseling under section 1712A of ployment needs of eligible veterans with the funds are made available to a State in order this title. to carry out section 4103A or 4104 of this following priority in the provision of serv- ‘‘(g) AUTHORITY TO PROVIDE TECHNICAL AS- title, the Secretary shall take into account— ices: SISTANCE TO STATES.—The Secretary may ‘‘(A) Special disabled veterans. ‘‘(A) the results of reviews, carried out pur- provide such technical assistance as the Sec- ‘‘(B) Other disabled veterans. suant to subsection (b)(7), of the performance retary determines appropriate to any State ‘‘(C) Other eligible veterans in accordance of the employment, training, and placement that the Secretary determines has, or may with priorities determined by the Secretary service delivery system in the State, and have, an entered-employment rate in the taking into account applicable rates of un- ‘‘(B) the monitoring carried out under this State that is deficient, as determined under employment and the employment emphases section. subsection (c)(3) with respect to a program ‘‘(5) Each grant or contract by which funds set forth in chapter 42 of this title. year, including assistance in the develop- are made available to a State shall contain a ‘‘(2) In the provision of services in accord- ment of a corrective action plan under that provision requiring the recipient of the ance with this subsection, maximum empha- subsection. funds— sis in meeting the employment needs of vet- ‘‘(A) to comply with the provisions of this ‘‘§ 4103. Directors and Assistant Directors for erans shall be placed on assisting economi- chapter; and Veterans’ Employment and Training; addi- cally or educationally disadvantaged vet- ‘‘(B) on an annual basis, to notify the Sec- tional Federal personnel erans. retary of, and provide supporting rationale ‘‘(a) DIRECTORS AND ASSISTANT DIREC- ‘‘(b) REQUIREMENT FOR QUALIFIED VET- for, each nonveteran who is employed as a TORS.—(1) The Secretary shall assign to each ERANS.—A State shall, to the maximum ex- disabled veterans’ outreach program spe- State a representative of the Veterans’ Em- tent practicable, employ qualified veterans cialist and local veterans’ employment rep- ployment and Training Service to serve as to carry out the services referred to in sub- resentative for a period in excess of 6 the Director for Veterans’ Employment and section (a). Preference shall be given in the months. Training, and shall assign full-time Federal appointment of such specialists to qualified ‘‘(6) Each State shall coordinate employ- clerical or other support personnel to each disabled veterans.’’. ment, training, and placement services fur- such Director. (2) Section 4104 is amended by striking all nished to veterans and eligible persons under ‘‘(2) Each Director for Veterans’ Employ- after the heading and inserting the fol- this chapter with such services furnished ment and Training for a State shall, at the lowing: with respect to such veterans and persons time of appointment, have been a bona fide ‘‘(a) REQUIREMENT FOR EMPLOYMENT BY under the Workforce Investment Act of 1998 resident of the State for at least two years. STATES OF A SUFFICIENT NUMBER OF REP- and the Wagner-Peyser Act. ‘‘(3) Full-time Federal clerical or other RESENTATIVES.—Subject to approval by the ‘‘(7) With respect to program years begin- support personnel assigned to Directors for Secretary, a State shall employ such full- ning during or after fiscal year 2004, one per- Veterans’ Employment and Training shall be and part-time local veterans’ employment

VerDate 0ct 09 2002 03:14 Oct 16, 2002 Jkt 019060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\A15OC6.065 S15PT1 S10458 CONGRESSIONAL RECORD — SENATE October 15, 2002 representatives as the State determines ap- ‘‘(9) The term ‘intensive services’ means (iii) by adding at the end the following new propriate and efficient to carry out employ- local employment and training services of paragraph: ment, training, and placement services under the type described in section 134(d)(3) of the ‘‘(6) a report on the operation during the this chapter. Workforce Investment Act of 1998.’’. preceding program year of the program of ‘‘(b) PRINCIPAL DUTIES.—As principal du- (B) Section 4102 is amended by striking performance incentive awards for quality ties, local veterans’ employment representa- ‘‘job and job training counseling service pro- employment services under section 4112 of tives shall— gram,’’ and inserting ‘‘job and job training this title.’’. ‘‘(1) conduct outreach to employers in the intensive services program,’’. (E) Section 4107(b), as amended by section area to assist veterans in gaining employ- (C) Section 4106(a) is amended by striking 4(a)(3)(B), is further amended by striking the ment, including conducting seminars for em- ‘‘proper counseling’’ and inserting ‘‘proper second sentence and inserting the following: ployers and, in conjunction with employers, intensive services’’. ‘‘Not later than February 1 of each year, the conducting job search workshops and estab- (D) Section 4107(a) is amended by striking Secretary shall report to the Committees on lishing job search groups; and ‘‘employment counseling services’’ and in- Veterans’ Affairs of the Senate and the ‘‘(2) facilitate employment, training, and serting ‘‘intensive services’’. House of Representatives on the performance placement services furnished to veterans in a (E) Section 4107(c)(1) is amended by strik- of States and organizations and entities car- State under the applicable State employing ‘‘the number counseled’’ and inserting rying out employment, training, and placement service delivery systems. ‘‘the number who received intensive serv- ment services under this chapter, as meas- ‘‘(c) REQUIREMENT FOR QUALIFIED VET- ices’’. ured under subsection (b)(7) of section 4102A ERANS AND ELIGIBLE PERSONS.—A State (F) Section 4109(a) is amended by striking of this title. In the case of a State that the shall, to the maximum extent practicable, ‘‘counseling,’’ each place it appears and in- Secretary determines has not met the min- employ qualified veterans or eligible persons serting ‘‘intensive services,’’. imum standard of performance (established to carry out the services referred to in sub- (2) The amendments made by paragraph (1) by the Secretary under subsection (f) of such section (a). Preference shall be accorded in shall take effect on the date of the enact- section), the Secretary shall include an anal- the following order: ment of this Act. ysis of the extent and reasons for the State’s ‘‘(1) To qualified service-connected dis- (b) ADDITIONAL VETS DUTY TO IMPLEMENT failure to meet that minimum standard, to- abled veterans. TRANSITIONS TO CIVILIAN CAREERS.—(1)(A) gether with the State’s plan for corrective ‘‘(2) If no veteran described in paragraph Section 4102 is amended by striking the pe- action during the succeeding year.’’. (1) is available, to qualified eligible veterans. riod and inserting ‘‘, including programs car- (2) The amendments made by paragraph (1) ‘‘(3) If no veteran described in paragraph ried out by the Veterans’ Employment and shall apply to reports for program years be- (1) or (2) is available, then to qualified eligi- Training Service to implement all efforts to ginning on or after July 1, 2003. ble persons. ease the transition of servicemembers to ci- (e) CLARIFICATION OF AUTHORITY OF ‘‘(d) REPORTING.—Each local veterans’ em- vilian careers that are consistent with, or an NVETSI TO PROVIDE TRAINING FOR PER- ployment representative shall be administra- outgrowth of, the military experience of the SONNEL OF OTHER DEPARTMENTS AND AGEN- tively responsible to the manager of the em- servicemembers.’’. CIES.—Section 4109 is amended by adding at ployment service delivery system and shall (B) Such section is further amended by the end the following new subsection: provide reports, not less frequently than striking ‘‘and veterans of the Vietnam era’’ ‘‘(c)(1) Nothing in this section shall be con- quarterly, to the manager of such office and and inserting ‘‘and veterans who served on strued as preventing the Institute to enter to the Director for Veterans’ Employment active duty during a war or in a campaign or into contracts or agreements with depart- and Training for the State regarding compli- expedition for which a campaign badge has ments or agencies of the United States or of ance with Federal law and regulations with been authorized’’. a State, or with other organizations, to carry respect to special services and priorities for (2) The amendments made by paragraph (1) out training of personnel of such depart- eligible veterans and eligible persons.’’. shall take effect on the date of the enact- ments, agencies, or organizations in the pro- (3) The amendments made by this sub- ment of this Act. vision of services referred to in subsection section shall take effect on the date of the (c) MODERNIZATION OF EMPLOYMENT SERV- (a). enactment of this Act, and apply for pro- ICE DELIVERY POINTS TO INCLUDE TECHNO- ‘‘(2) All proceeds collected by the Institute gram years under chapter 41 of title 38, LOGICAL INNOVATIONS.—(1) Section 4101(7) is under a contract or agreement referred to in United States Code, beginning on or after amended to read as follows: paragraph (1) shall be applied to the applica- such date. ‘‘(7) The term ‘employment service deliv- ble appropriation.’’. (c) REQUIREMENT TO PROMPTLY ESTABLISH ery system’ means a service delivery system SEC. 6. COMMITTEE TO RAISE EMPLOYER ONE-STOP EMPLOYMENT SERVICES.—By not at which or through which labor exchange AWARENESS OF SKILLS OF VET- later than 18 months after the date of the en- services, including employment, training, ERANS AND BENEFITS OF HIRING actment of this Act, the Secretary of Labor and placement services, are offered in ac- VETERANS. shall provide one-stop services and assist- cordance with the Wagner-Peyser Act.’’. (a) ESTABLISHMENT OF COMMITTEE.—There ance to covered persons electronically by (2) The amendments made by paragraph (1) is established within the Department of means of the Internet, as defined in section shall take effect on the date of the enact- Labor a committee to be known as the Presi- 231(e)(3) of the Communications Act of 1934, ment of this Act. dent’s National Hire Veterans Committee and such other electronic means to enhance (d) INCREASE IN ACCURACY OF REPORTING (hereinafter in this section referred to as the the delivery of such services and assistance. SERVICES FURNISHED TO VETERANS.—(1)(A) ‘‘Committee’’). (d) REQUIREMENT FOR BUDGET LINE ITEM Section 4107(c)(1) is amended— (b) DUTIES.—The Committee shall establish FOR TRAINING SERVICES INSTITUTE.—(1) The (i) by striking ‘‘veterans of the Vietnam and carry out a national program to do the last sentence of section 4106(a) is amended to era,’’; and following: read as follows: ‘‘Each budget submission (ii) by striking ‘‘and eligible persons who (1) To furnish information to employers with respect to such funds shall include a registered for assistance with’’ and inserting with respect to the training and skills of vet- separate listing of the amount for the Na- ‘‘eligible persons, recently separated veterans and disabled veterans, and the advan- tional Veterans’ Employment and Training erans (as defined in section 4211(6) of this tages afforded employers by hiring veterans Services Institute together with information title), and servicemembers transitioning to with such training and skills. demonstrating the compliance of such budg- civilian careers who registered for assistance (2) To facilitate employment of veterans et submission with the funding requirements and disabled veterans through participation specified in the preceding sentence.’’. with, or who are identified as veterans by,’’. (2) The amendment made by paragraph (1) (B) Section 4107(c)(2) is amended— in America’s Career Kit national labor ex- shall take effect on the date of the enact- (i) by striking ‘‘the job placement rate’’ change, and other means. (c) MEMBERSHIP.—(1) The Secretary of ment of this Act, and apply to budget sub- the first place it appears and inserting ‘‘the Labor shall appoint 15 individuals to serve as missions for fiscal year 2004 and each subse- rate of entered employment (as determined members of the Committee, of whom one quent fiscal year. in a manner consistent with State perform- (e) CONFORMING AMENDMENTS.—(1) Section ance measures applicable under section shall be appointed from among representa- 4107(c)(5) is amended by striking ‘‘(including 136(b) of the Workforce Investment Act of tives nominated by each organization de- the need’’ and all that follows through ‘‘rep- 1998)’’; and scribed in subparagraph (A) and of whom resentatives)’’. (ii) by striking ‘‘the job placement rate’’ eight shall be appointed from among rep- (2) Section 3117(a)(2)(B) is amended to read the second place it appears and inserting resentatives nominated by organizations de- as follows: ‘‘such rate of entered employment (as so described in subparagraph (B). ‘‘(B) utilization of employment, training, termined)’’. (A) Organizations described in this sub- and placement services under chapter 41 of (C) Section 4107(c)(4) is amended by strik- paragraph are the following: this title; and’’. ing ‘‘sections 4103A and 4104’’ and inserting (i) The Ad Council. SEC. 5. ADDITIONAL IMPROVEMENTS IN VET- ‘‘section 4212(d)’’. (ii) The National Committee for Employer ERANS EMPLOYMENT AND TRAINING (D) Section 4107(c) is amended— Support of the Guard and Reserve. SERVICES. (i) by striking ‘‘and’’ at the end of para- (iii) Veterans’ service organizations that (a) INCLUSION OF INTENSIVE SERVICES.— graph (4); have a national employment program. (1)(A) Section 4101 is amended by adding at (ii) by striking the period at the end of (iv) State employment security agencies. the end the following new paragraph: paragraph (5) and inserting ‘‘; and’’; and (v) One-stop career centers.

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(vi) State departments of veterans affairs. (g) AUTHORIZATION OF APPROPRIATIONS.— Sec. 157. Cooperative education statistics (vii) Military service organizations. There are authorized to be appropriated to systems. (B) Organizations described in this sub- the Secretary of Labor from the employment Sec. 158. State defined. paragraph are such businesses, small busi- security administration account (established PART D—NATIONAL CENTER FOR EDUCATION nesses, industries, companies in the private in section 901 of the Social Security Act (42 EVALUATION AND REGIONAL ASSISTANCE sector that furnish placement services, civic U.S.C. 1101)) in the Unemployment Trust Sec. 171. Establishment. groups, workforce investment boards, and Fund $3,000,000 for each of fiscal years 2003 Sec. 172. Commissioner for Education Eval- labor unions as the Secretary of Labor deter- through 2005 to carry out this section. uation and Regional Assist- mines appropriate. SEC. 7. REPORT ON IMPLEMENTATION OF EM- ance. (2) The following shall be ex officio, non- PLOYMENT REFORMS. Sec. 173. Evaluations. voting members of the Committee: (a) STUDY.—The Comptroller General of Sec. 174. Regional educational laboratories (A) The Secretary of Veterans Affairs. the United States shall conduct a study on for research, development, dis- (B) The Secretary of Defense. the implementation by the Secretary of semination, and technical as- (C) The Assistant Secretary of Labor for Labor of the provisions of this Act during sistance. Veterans’ Employment and Training. the program years that begin during fiscal (D) The Administrator of the Small Busi- years 2003 and 2004. The study shall include PART E—GENERAL PROVISIONS ness Administration. an assessment of the modifications under Sec. 181. Interagency data sources and for- (E) The Postmaster General. sections 2 through 5 of this Act of the provi- mats. (F) The Director of the Office of Personnel sions of title 38, United States Code, and an Sec. 182. Prohibitions. Management. evaluation of the impact of those modifica- Sec. 183. Confidentiality. (3) A vacancy in the Committee shall be tions, and of the actions of the President’s Sec. 184. Availability of data. filled in the manner in which the original ap- National Hire Veterans Committee under Sec. 185. Performance management. pointment was made. section 6 of this Act, to the provision of em- Sec. 186. Authority to publish. (d) ADMINISTRATIVE MATTERS.—(1) The ployment, training, and placement services Sec. 187. Vacancies. Committee shall meet not less frequently provided to veterans under that title. Sec. 188. Scientific or technical employees. than once each calendar quarter. Sec. 189. Fellowships. (2) The Secretary of Labor shall appoint (b) REPORT.—Not later than 6 months after the conclusion of the program year that be- Sec. 190. Voluntary service. the chairman of the Committee. Sec. 191. Rulemaking. (3)(A) Members of the Committee shall gins during fiscal year 2004, the Comptroller Sec. 192. Copyright. serve without compensation. General shall submit to Congress a report on (B) Members of the Committee shall be al- the study conducted under subsection (a). Sec. 193. Removal. lowed reasonable and necessary travel ex- The report shall include such recommenda- Sec. 194. Authorization of appropriations. penses, including per diem in lieu of subsist- tions as the Comptroller General determines TITLE II—EDUCATIONAL TECHNICAL ence, at rates authorized for persons serving appropriate, including recommendations for ASSISTANCE intermittently in the Government service in legislation or administrative action. Sec. 201. Short title. accordance with the provisions of subchapter Sec. 202. Definitions. I of chapter 57 of title 5 while away from SA 4885. Mr. DASCHLE (for Mr. KEN- Sec. 203. Comprehensive centers. their homes or regular places of business in NEDY (for himself, Mr. GREGG, Mr. ED- Sec. 204. Evaluations. the performance of the responsibilities of the WARDS, Mr. BINGAMAN, Mrs. MURRAY, Sec. 205. Existing technical assistance pro- Committee. Mr. REED, and Mr. ENZI) proposed an viders. (4) The Secretary of Labor shall provide amendment to the bill H.R. 3801, to Sec. 206. Regional advisory committees. staff and administrative support to the Com- Sec. 207. Priorities. mittee to assist it in carrying out its duties provide for improvement of Federal education research, statistics, evalua- Sec. 208. Grant program for statewide, longi- under this section. The Secretary shall as- tudinal data systems. sure positions on the staff of the Committee tion, information, and dissemination, Sec. 209. Authorization of appropriations. include positions that are filled by individ- and for other purposes; as follows: uals that are now, or have ever been, em- TITLE III—NATIONAL ASSESSMENT OF Strike all after the enacting clause and in- EDUCATIONAL PROGRESS ployed as one of the following: sert the following: (A) Staff of the Assistant Secretary of Sec. 301. Short title. SECTION 1. TABLE OF CONTENTS. Labor for Veterans’ Employment and Train- Sec. 302. Definitions. ing under section 4102A of title 38, United The table of contents for this Act is as fol- Sec. 303. Authorization of appropriations. lows: States Code as in effect on the date of the TITLE IV—AMENDATORY PROVISIONS enactment of this Act. Sec. 1. Table of contents. Sec. 401. Redesignations. (B) Directors for Veterans’ Employment TITLE I—EDUCATION SCIENCES REFORM Sec. 402. Amendments to Department of and Training under section 4103 of such title Sec. 101. Short title. Education Organization Act. as in effect on such date. Sec. 102. Definitions. Sec. 403. Repeals. (C) Assistant Director for Veterans’ Em- PART A—THE INSTITUTE OF EDUCATION Sec. 404. Conforming and technical amend- ployment and Training under such section as SCIENCES ments. in effect on such date. Sec. 405. Orderly transition. (D) Disabled veterans’ outreach program Sec. 111. Establishment. Sec. 406. Impact aid. specialists under section 4103A of such title Sec. 112. Functions. as in effect on such date. Sec. 113. Delegation. TITLE I—EDUCATION SCIENCES REFORM Sec. 114. Office of the Director. (E) Local veterans’ employment represent- SEC. 101. SHORT TITLE. Sec. 115. Priorities. atives under section 4104 of such title as in This title may be cited as the ‘‘Education Sec. 116. National Board for Education effect on such date. Sciences Reform Act of 2002’’. Sciences. (5) Upon request of the Committee, the SEC. 102. DEFINITIONS. head of any Federal department or agency Sec. 117. Commissioners of the National In this title: may detail, on a nonreimbursable basis, any Education Centers. (1) IN GENERAL.—The terms ‘‘elementary of the personnel of that department or agen- Sec. 118. Agreements. school’’, ‘‘secondary school’’, ‘‘local edu- cy to the Committee to assist it in carrying Sec. 119. Biennial report. cational agency’’, and ‘‘State educational out its duties. Sec. 120. Competitive awards. agency’’ have the meanings given those (6) The Committee may contract with and PART B—NATIONAL CENTER FOR EDUCATION terms in section 9101 of the Elementary and compensate government and private agen- RESEARCH Secondary Education Act of 1965 (20 U.S.C. cies or persons to furnish information to em- Sec. 131. Establishment. ployers under subsection (b)(1) without re- 7801) and the terms ‘‘freely associated Sec. 132. Commissioner for Education Re- states’’ and ‘‘outlying area’’ have the mean- gard to section 3709 of the Revised Statutes search. (41 U.S.C. 5). ings given those terms in section 1121(c) of Sec. 133. Duties. such Act (20 U.S.C. 6331(c)). (e) REPORT.—Not later than December 31, Sec. 134. Standards for conduct and evalua- (2) APPLIED RESEARCH.—The term ‘‘applied 2003, 2004, and 2005, the Secretary of Labor tion of research. shall submit to Congress a report on the ac- research’’ means research— tivities of the Committee under this section PART C—NATIONAL CENTER FOR EDUCATION (A) to gain knowledge or understanding during the previous fiscal year, and shall in- STATISTICS necessary for determining the means by clude in such report data with respect to Sec. 151. Establishment. which a recognized and specific need may be placement and retention of veterans in jobs Sec. 152. Commissioner for Education Sta- met; and attributable to the activities of the Com- tistics. (B) that is specifically directed to the ad- mittee. Sec. 153. Duties. vancement of practice in the field of edu- (f) TERMINATION.—The Committee shall Sec. 154. Performance of duties. cation. terminate 60 days after submitting the re- Sec. 155. Reports. (3) BASIC RESEARCH.—The term ‘‘basic report that is due on December 31, 2005. Sec. 156. Dissemination. search’’ means research—

VerDate 0ct 09 2002 03:14 Oct 16, 2002 Jkt 019060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\A15OC6.066 S15PT1 S10460 CONGRESSIONAL RECORD — SENATE October 15, 2002 (A) to gain fundamental knowledge or un- Early Head Start programs, under the Head (ii) improved planning, design, and admin- derstanding of phenomena and observable Start Act (42 U.S.C. 9831 et seq.); istration of programs; facts, without specific application toward (C) preschools; (B) assistance in interpreting, analyzing, processes or products; and (D) kindergartens; and and utilizing statistics and evaluations; and (B) for the advancement of knowledge in (E) libraries. (C) other assistance necessary to encour- the field of education. (18) SCIENTIFICALLY BASED RESEARCH age the improvement of teaching and learn- (4) BOARD.—The term ‘‘Board’’ means the STANDARDS.—(A) The term ‘‘scientifically ing through the applications of techniques National Board for Education Sciences es- based research standards’’ means research supported by scientifically valid research. tablished under section 116. standards that— PART A—THE INSTITUTE OF EDUCATION (5) BUREAU.—The term ‘‘Bureau’’ means (i) apply rigorous, systematic, and objec- SCIENCES the Bureau of Indian Affairs. tive methodology to obtain reliable and SEC. 111. ESTABLISHMENT. (6) COMPREHENSIVE CENTER.—The term valid knowledge relevant to education ac- (a) ESTABLISHMENT.—There shall be in the ‘‘comprehensive center’’ means an entity es- tivities and programs; and Department the Institute of Education tablished under section 203 of the Edu- (ii) present findings and make claims that Sciences, to be administered by a Director cational Technical Assistance Act of 2002. are appropriate to and supported by the (as described in section 114) and, to the ex- (7) DEPARTMENT.—The term ‘‘Department’’ methods that have been employed. tent set forth in section 116, a board of direc- means the Department of Education. (B) The term includes, appropriate to the tors. (8) DEVELOPMENT.—The term ‘‘develop- research being conducted— (b) MISSION.— ment’’ means the systematic use of knowl- (i) employing systematic, empirical meth- (1) IN GENERAL.—The mission of the Insti- edge or understanding gained from the find- ods that draw on observation or experiment; tute is to provide national leadership in ex- ings of scientifically valid research and the (ii) involving data analyses that are ade- panding fundamental knowledge and under- shaping of that knowledge or understanding quate to support the general findings; standing of education from early childhood into products or processes that can be ap- (iii) relying on measurements or observa- through postsecondary study, in order to plied and evaluated and may prove useful in tional methods that provide reliable data; areas such as the preparation of materials provide parents, educators, students, re- (iv) making claims of causal relationships and new methods of instruction and prac- searchers, policymakers, and the general tices in teaching, that lead to the improve- only in random assignment experiments or public with reliable information about— ment of the academic skills of students, and other designs (to the extent such designs (A) the condition and progress of education that are replicable in different educational substantially eliminate plausible competing in the United States, including early child- settings. explanations for the obtained results); hood education; (v) ensuring that studies and methods are (9) DIRECTOR.—The term ‘‘Director’’ means (B) educational practices that support the Director of the Institute of Education presented in sufficient detail and clarity to learning and improve academic achievement Sciences. allow for replication or, at a minimum, to and access to educational opportunities for (10) DISSEMINATION.—The term ‘‘dissemina- offer the opportunity to build systematically all students; and tion’’ means the communication and transfer on the findings of the research; (C) the effectiveness of Federal and other of the results of scientifically valid research, (vi) obtaining acceptance by a peer-re- education programs. statistics, and evaluations, in forms that are viewed journal or approval by a panel of (2) CARRYING OUT MISSION.—In carrying out understandable, easily accessible, and usa- independent experts through a comparably the mission described in paragraph (1), the ble, or adaptable for use in, the improvement rigorous, objective, and scientific review; Institute shall compile statistics, develop of educational practice by teachers, adminis- and products, and conduct research, evaluations, trators, librarians, other practitioners, re- (vii) using research designs and methods and wide dissemination activities in areas of searchers, parents, policymakers, and the appropriate to the research question posed. demonstrated national need (including in public, through technical assistance, publi- (19) SCIENTIFICALLY VALID EDUCATION EVAL- technology areas) that are supported by Fed- cations, electronic transfer, and other UATION.—The term ‘‘scientifically valid edu- eral funds appropriated to the Institute and means. cation evaluation’’ means an evaluation ensure that such activities— (11) EARLY CHILDHOOD EDUCATOR.—The that— (A) conform to high standards of quality, term ‘‘early childhood educator’’ means a (A) adheres to the highest possible stand- integrity, and accuracy; and person providing, or employed by a provider ards of quality with respect to research de- (B) are objective, secular, neutral, and non- of, nonresidential child care services (includ- sign and statistical analysis; ideological and are free of partisan political ing center-based, family-based, and in-home (B) provides an adequate description of the influence and racial, cultural, gender, or re- child care services) that is legally operating programs evaluated and, to the extent pos- gional bias. under State law, and that complies with ap- sible, examines the relationship between pro- (c) ORGANIZATION.—The Institute shall con- plicable State and local requirements for the gram implementation and program impacts; sist of the following: provision of child care services to children at (C) provides an analysis of the results (1) The Office of the Director (as described any age from birth through the age at which achieved by the program with respect to its in section 114). a child may start kindergarten in that State. projected effects; (2) The National Board for Education (12) FIELD-INITIATED RESEARCH.—The term (D) employs experimental designs using Sciences (as described in section 116). ‘‘field-initiated research’’ means basic re- random assignment, when feasible, and other (3) The National Education Centers, which search or applied research in which specific research methodologies that allow for the include— questions and methods of study are gen- strongest possible causal inferences when (A) the National Center for Education Re- erated by investigators (including teachers random assignment is not feasible; and search (as described in part B); and other practitioners) and that conforms (E) may study program implementation (B) the National Center for Education Sta- to standards of scientifically valid research. through a combination of scientifically valid tistics (as described in part C); and (13) HISTORICALLY BLACK COLLEGE OR UNI- and reliable methods. (C) the National Center for Education VERSITY.—The term ‘‘historically Black col- (20) SCIENTIFICALLY VALID RESEARCH.—The Evaluation and Regional Assistance (as de- lege or university’’ means a part B institu- term ‘‘scientifically valid research’’ includes scribed in part D). tion as defined in section 322 of the Higher applied research, basic research, and field- SEC. 112. FUNCTIONS. Education Act of 1965 (20 U.S.C. 1061). initiated research in which the rationale, de- From funds appropriated under section 194, (14) INSTITUTE.—The term ‘‘Institute’’ sign, and interpretation are soundly devel- the Institute, directly or through grants, means the Institute of Education Sciences oped in accordance with scientifically based contracts, or cooperative agreements, shall— established under section 111. research standards. (1) conduct and support scientifically valid (15) INSTITUTION OF HIGHER EDUCATION.— (21) SECRETARY.—The term ‘‘Secretary’’ research activities, including basic research The term ‘‘institution of higher education’’ means the Secretary of Education. and applied research, statistics activities, has the meaning given that term in section (22) STATE.—The term ‘‘State’’ includes scientifically valid education evaluation, de- 101(a) of the Higher Education Act of 1965 (20 (except as provided in section 158) each of the velopment, and wide dissemination; U.S.C. 1001(a)). 50 States, the District of Columbia, the Com- (2) widely disseminate the findings and re- (16) NATIONAL RESEARCH AND DEVELOPMENT monwealth of Puerto Rico, the freely associ- sults of scientifically valid research in edu- CENTER.—The term ‘‘national research and ated states, and the outlying areas. cation; development center’’ means a research and (23) TECHNICAL ASSISTANCE.—The term (3) promote the use, development, and ap- development center supported under section ‘‘technical assistance’’ means— plication of knowledge gained from scientif- 133(c). (A) assistance in identifying, selecting, or ically valid research activities; (17) PROVIDER OF EARLY CHILDHOOD SERV- designing solutions based on research, in- (4) strengthen the national capacity to ICES.—The term ‘‘provider of early childhood cluding professional development and high- conduct, develop, and widely disseminate services’’ means a public or private entity quality training to implement solutions scientifically valid research in education; that serves young children, including— leading to— (5) promote the coordination, development, (A) child care providers; (i) improved educational and other prac- and dissemination of scientifically valid re- (B) Head Start agencies operating Head tices and classroom instruction based on sci- search in education within the Department Start programs, and entities carrying out entifically valid research; and and the Federal Government; and

VerDate 0ct 09 2002 03:14 Oct 16, 2002 Jkt 019060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\CR\FM\A15OC6.075 S15PT1 October 15, 2002 CONGRESSIONAL RECORD — SENATE S10461 (6) promote the use and application of re- (2) coordinate and approve budgets and op- review the products and publications of search and development to improve practice erating plans for each of the National Edu- other offices of the Department to certify in the classroom. cation Centers for submission to the Sec- that evidence-based claims about those prod- SEC. 113. DELEGATION. retary. ucts and publications are scientifically valid. (a) DELEGATION OF AUTHORITY.—Notwith- (f) DUTIES.—The duties of the Director SEC. 115. PRIORITIES. standing section 412 of the Department of shall include the following: (a) PROPOSAL.—The Director shall propose Education Organization Act (20 U.S.C. 3472), (1) To propose to the Board priorities for to the Board priorities for the Institute (tak- the Secretary shall delegate to the Director the Institute, in accordance with section ing into consideration long-term research all functions for carrying out this title 115(a). and development on core issues conducted (other than administrative and support func- (2) To ensure the methodology applied in through the national research and develop- tions), except that— conducting research, development, evalua- ment centers). The Director shall identify (1) nothing in this title or in the National tion, and statistical analysis is consistent topics that may require long-term research Assessment of Educational Progress Author- with the standards for such activities under and topics that are focused on understanding ization Act (except section 302(e)(1)(J) of this title. and solving particular education problems such Act) shall be construed to alter or di- (3) To coordinate education research and and issues, including those associated with the goals and requirements established in minish the role, responsibilities, or author- related activities carried out by the Insti- the Elementary and Secondary Education ity of the National Assessment Governing tute with such research and activities car- Act of 1965 (20 U.S.C. 6301 et seq.) and the Board with respect to the National Assess- ried out by other agencies within the Depart- Higher Education Act of 1965 (20 U.S.C. 1001 ment of Educational Progress (including ment and the Federal Government. et seq.), such as— with respect to the methodologies of the Na- (4) To advise the Secretary on research, (1) closing the achievement gap between tional Assessment of Educational Progress evaluation, and statistics activities relevant to the activities of the Department. high-performing and low-performing chil- described in section 302(e)(1)(E)) from those dren, especially achievement gaps between authorized by the National Education Statis- (5) To establish necessary procedures for technical and scientific peer review of the minority and nonminority children and be- tics Act of 1994 (20 U.S.C. 9001 et seq.) on the tween disadvantaged children and such chil- day before the date of enactment of this Act; activities of the Institute, consistent with section 116(b)(3). dren’s more advantaged peers; and (2) members of the National Assessment (2) ensuring— Governing Board shall continue to be ap- (6) To ensure that all participants in research conducted or supported by the Insti- (A) that all children have the ability to ob- pointed by the Secretary; tain a high-quality education (from early (3) section 302(f)(1) of the National Assess- tute are afforded their privacy rights and other relevant protections as research sub- childhood through postsecondary education) ment of Educational Progress Authorization and reach, at a minimum, proficiency on Act shall apply to the National Assessment jects, in accordance with section 183 of this title, section 552a of title 5, United States challenging State academic achievement Governing Board in the exercise of its re- standards and State academic assessments, sponsibilities under this Act; Code, and sections 444 and 445 of the General Education Provisions Act (20 U.S.C. 1232g, particularly in mathematics, science, and (4) sections 115 and 116 shall not apply to reading or language arts; 1232h). the National Assessment of Educational (B) access to, and opportunities for, post- (7) To ensure that activities conducted or Progress; and secondary education; and supported by the Institute are objective, sec- (5) sections 115 and 116 shall not apply to (C) the efficacy, impact on academic ular, neutral, and nonideological and are free the National Assessment Governing Board. achievement, and cost-effectiveness of tech- of partisan political influence and racial, (b) OTHER ACTIVITIES.—The Secretary may nology use within the Nation’s schools. cultural, gender, or regional bias. assign the Institute responsibility for admin- (b) APPROVAL.—The Board shall approve or istering other activities, if those activities (8) To undertake initiatives and programs disapprove the priorities for the Institute are consistent with— to increase the participation of researchers proposed by the Director, including any nec- (1) the Institute’s priorities, as approved and institutions that have been historically essary revision of those priorities. The Board by the National Board for Education underutilized in Federal education research shall transmit any priorities so approved to Sciences under section 116, and the Insti- activities of the Institute, including histori- the appropriate congressional committees. tute’s mission, as described in section 111(b); cally Black colleges or universities or other (c) CONSISTENCY.—The Board shall ensure or institutions of higher education with large that priorities of the Institute and the Na- (2) the Institute’s mission, but only if numbers of minority students. tional Education Centers are consistent with those activities do not divert the Institute (9) To coordinate with the Secretary to the mission of the Institute. from its priorities. promote and provide for the coordination of (d) PUBLIC AVAILABILITY AND COMMENT.— research and development activities and (1) PRIORITIES.—Before submitting to the SEC. 114. OFFICE OF THE DIRECTOR. technical assistance activities between the Board proposed priorities for the Institute, (a) APPOINTMENT.—Except as provided in Institute and comprehensive centers. the Director shall make such priorities subsection (b)(2), the President, by and with (10) To solicit and consider the rec- available to the public for comment for not the advice and consent of the Senate, shall ommendations of education stakeholders, in less than 60 days (including by means of the appoint the Director of the Institute. order to ensure that there is broad and reg- Internet and through publishing such prior- (b) TERM.— ular public and professional input from the ities in the Federal Register). The Director (1) IN GENERAL.—The Director shall serve educational field in the planning and car- shall provide to the Board a copy of each for a term of 6 years, beginning on the date rying out of the Institute’s activities. such comment submitted. of appointment of the Director. (11) To coordinate the wide dissemination (2) PLAN.—Upon approval of such prior- (2) FIRST DIRECTOR.—The President, with- of information on scientifically valid re- ities, the Director shall make the Institute’s out the advice and consent of the Senate, search. plan for addressing such priorities available may appoint the Assistant Secretary for the (12) To carry out and support other activi- for public comment in the same manner as Office of Educational Research and Improve- ties consistent with the priorities and mis- under paragraph (1). ment (as such office existed on the day be- sion of the Institute. SEC. 116. NATIONAL BOARD FOR EDUCATION fore the date of enactment of this Act) to (g) EXPERT GUIDANCE AND ASSISTANCE.— SCIENCES. serve as the first Director of the Institute. The Director may establish technical and (a) ESTABLISHMENT.—The Institute shall (3) SUBSEQUENT DIRECTORS.—The Board scientific peer-review groups and scientific have a board of directors, which shall be may make recommendations to the Presi- program advisory committees for research known as the National Board for Education dent with respect to the appointment of a and evaluations that the Director deter- Sciences. Director under subsection (a), other than a mines are necessary to carry out the require- (b) DUTIES.—The duties of the Board shall Director appointed under paragraph (2). ments of this title. The Director shall ap- be the following: (c) PAY.—The Director shall receive the point such personnel, except that officers (1) To advise and consult with the Director rate of basic pay for level II of the Executive and employees of the United States shall on the policies of the Institute. Schedule. comprise no more than 1⁄4 of the members of (2) To consider and approve priorities pro- (d) QUALIFICATIONS.—The Director shall be any such group or committee and shall not posed by the Director under section 115 to selected from individuals who are highly receive additional compensation for their guide the work of the Institute. qualified authorities in the fields of scientif- service as members of such a group or com- (3) To review and approve procedures for ically valid research, statistics, or evalua- mittee. The Director shall ensure that re- technical and scientific peer review of the tion in education, as well as management viewers are highly qualified and capable to activities of the Institute. within such areas, and have a demonstrated appraise education research and develop- (4) To advise the Director on the establish- capacity for sustained productivity and lead- ment projects. The Federal Advisory Com- ment of activities to be supported by the In- ership in these areas. mittee Act (5 U.S.C. App.) shall not apply to stitute, including the general areas of re- (e) ADMINISTRATION.—The Director shall— a peer-review group or an advisory com- search to be carried out by the National Cen- (1) administer, oversee, and coordinate the mittee established under this subsection. ter for Education Research. activities carried out under the Institute, in- (h) REVIEW.—The Director may, when re- (5) To present to the Director such rec- cluding the activities of the National Edu- quested by other officers of the Department, ommendations as it may find appropriate cation Centers; and and shall, when directed by the Secretary, for—

VerDate 0ct 09 2002 03:14 Oct 16, 2002 Jkt 019060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\CR\FM\A15OC6.075 S15PT1 S10462 CONGRESSIONAL RECORD — SENATE October 15, 2002 (A) the strengthening of education re- with experience in promoting private sector standing committee may include, as appro- search; and involvement in education. priate— (B) the funding of the Institute. (B) TERMS.—Each member appointed under (A) experts and scientists in research, sta- (6) To advise the Director on the funding of paragraph (1) shall serve for a term of 4 tistics, evaluation, or development who are applications for grants, contracts, and coop- years, except that— recognized in their discipline as highly quali- erative agreements for research, after the (i) the terms of the initial members ap- fied to represent such discipline and who are completion of peer review. pointed under such paragraph shall (as deter- not members of the Board, but who may (7) To review and regularly evaluate the mined by a random selection process at the have been recommended by the Commis- work of the Institute, to ensure that sci- time of appointment) be for staggered terms sioner of the appropriate National Education entifically valid research, development, eval- of— Center and approved by the Board; uation, and statistical analysis are con- (I) 4 years for each of 5 members; (B) ex officio members of the Board; and sistent with the standards for such activities (II) 3 years for each of 5 members; and (C) policymakers and expert practitioners under this title. (III) 2 years for each of 5 members; and with knowledge of, and experience using, the (8) To advise the Director on ensuring that (ii) no member appointed under such para- results of research, evaluation, and statistics activities conducted or supported by the In- graph shall serve for more than 2 consecutive who are not members of the Board, but who stitute are objective, secular, neutral, and terms. may have been recommended by the Com- nonideological and are free of partisan polit- (C) UNEXPIRED TERMS.—Any member ap- missioner of the appropriate National Edu- ical influence and racial, cultural, gender, or pointed to fill a vacancy occurring before the cation Center and approved by the Board. regional bias. expiration of the term for which the mem- (3) DUTIES.—Each standing committee (9) To solicit advice and information from ber’s predecessor was appointed shall be ap- shall— those in the educational field, particularly pointed only for the remainder of that term. (A) review and comment, at the discretion practitioners and researchers, to recommend (D) CONFLICT OF INTEREST.—A voting mem- of the Board or the standing committee, on to the Director topics that require long- ber of the Board shall be considered a special any grant, contract, or cooperative agree- term, sustained, systematic, programmatic, Government employee for the purposes of ment entered into (or proposed to be entered and integrated research efforts, including the Ethics in Government Act of 1978. into) by the applicable National Education knowledge utilization and wide dissemina- (5) CHAIR.—The Board shall elect a chair Center; tion of research, consistent with the prior- from among the members of the Board. (B) prepare for, and submit to, the Board ities and mission of the Institute. (6) COMPENSATION.—Members of the Board an annual evaluation of the operations of the (10) To advise the Director on opportuni- shall serve without pay for such service. applicable National Education Center; ties for the participation in, and the ad- Members of the Board who are officers or (C) review and comment on the relevant vancement of, women, minorities, and per- employees of the United States may not re- plan for activities to be undertaken by the sons with disabilities in education research, ceive additional pay, allowances, or benefits applicable National Education Center for statistics, and evaluation activities of the by reason of their service on the Board. each fiscal year; and Institute. (7) TRAVEL EXPENSES.—The members of the (D) report periodically to the Board regard- (11) To recommend to the Director ways to Board shall receive travel expenses, including the activities of the committee and the enhance strategic partnerships and collabo- ing per diem in lieu of subsistence, in accord- applicable National Education Center. rative efforts among other Federal and State ance with subchapter I of chapter 57 of title (e) ANNUAL REPORT.—The Board shall sub- research agencies. 5, United States Code. mit to the Director, the Secretary, and the (12) To recommend to the Director individ- (8) POWERS OF THE BOARD.— appropriate congressional committees, not uals to serve as Commissioners of the Na- (A) EXECUTIVE DIRECTOR.—The Board shall later than July 1 of each year, a report that tional Education Centers. have an Executive Director who shall be ap- assesses the effectiveness of the Institute in (c) COMPOSITION.— pointed by the Board. carrying out its priorities and mission, espe- (1) VOTING MEMBERS.—The Board shall have (B) ADDITIONAL STAFF.—The Board shall cially as such priorities and mission relate 15 voting members appointed by the Presi- to carrying out scientifically valid research, dent, by and with the advice and consent of utilize such additional staff as may be appointed or assigned by the Director, in con- conducting unbiased evaluations, collecting the Senate. and reporting accurate education statistics, (2) ADVICE.—The President shall solicit ad- sultation with the Chair and the Executive Director. and translating research into practice. vice regarding individuals to serve on the (f) RECOMMENDATIONS.—The Board shall (C) DETAIL OF PERSONNEL.—The Board may Board from the National Academy of submit to the Director, the Secretary, and use the services and facilities of any depart- Sciences, the National Science Board, and the appropriate congressional committees a ment or agency of the Federal Government. the National Science Advisor. report that includes any recommendations Upon the request of the Board, the head of (3) NONVOTING EX OFFICIO MEMBERS.—The regarding any actions that may be taken to Board shall have the following nonvoting ex any Federal department or agency may de- enhance the ability of the Institute to carry officio members: tail any of the personnel of that department out its priorities and mission. The Board (A) The Director of the Institute of Edu- or agency to the Board to assist the Board in shall submit an interim report not later than cation Sciences. carrying out this Act. 3 years after the date of enactment of this (B) Each of the Commissioners of the Na- (D) CONTRACTS.—The Board may enter into Act and a final report not later than 5 years tional Education Centers. contracts or make other arrangements as after such date of enactment. (C) The Director of the National Institute may be necessary to carry out its functions. SEC. 117. COMMISSIONERS OF THE NATIONAL of Child Health and Human Development. (E) INFORMATION.—The Board may, to the EDUCATION CENTERS. (D) The Director of the Census. extent otherwise permitted by law, obtain (a) APPOINTMENT OF COMMISSIONERS.— (E) The Commissioner of Labor Statistics. directly from any executive department or (1) IN GENERAL.—Except as provided in sub- (F) The Director of the National Science agency of the Federal Government such in- section (b), each of the National Education Foundation. formation as the Board determines necessary Centers shall be headed by a Commissioner (4) APPOINTED MEMBERSHIP.— to carry out its functions. appointed by the Director. In appointing (A) QUALIFICATIONS.—Members appointed (9) MEETINGS.—The Board shall meet not Commissioners, the Director shall seek to under paragraph (1) shall be highly qualified less than 3 times each year. The Board shall promote continuity in leadership of the Na- to appraise education research, statistics, hold additional meetings at the call of the tional Education Centers and shall consider evaluations, or development, and shall in- Chair or upon the written request of not less individuals recommended by the Board. The clude the following individuals: than 6 voting members of the Board. Meet- Director may appoint a Commissioner to (i) Not fewer than 8 researchers in the field ings of the Board shall be open to the public. carry out the functions of a National Edu- of statistics, evaluation, social sciences, or (10) QUORUM.—A majority of the voting cation Center without regard to the provi- physical and biological sciences, which may members of the Board serving at the time of sions of title 5, United States Code, gov- include those researchers recommended by the meeting shall constitute a quorum. erning appointments in the competitive the National Academy of Sciences. (d) STANDING COMMITTEES.— service, and the provisions of chapter 51 and (ii) Individuals who are knowledgeable (1) ESTABLISHMENT.—The Board may estab- subchapter III of chapter 53 of such title re- about the educational needs of the United lish standing committees— lating to classification and General Schedule States, who may include school-based profes- (A) that will each serve 1 of the National pay rates. sional educators, parents (including parents Education Centers; and (2) PAY AND QUALIFICATIONS.—Except as with experience in promoting parental in- (B) to advise, consult with, and make rec- provided in subsection (b), each Commis- volvement in education), Chief State School ommendations to the Director and the Com- sioner shall— Officers, State postsecondary education ex- missioner of the appropriate National Edu- (A) receive the rate of basic pay for level ecutives, presidents of institutions of higher cation Center. IV of the Executive Schedule; and education, local educational agency super- (2) MEMBERSHIP.—A majority of the mem- (B) be highly qualified in the field of edu- intendents, early childhood experts, prin- bers of each standing committee shall be cation research or evaluation. cipals, members of State or local boards of voting members of the Board whose expertise (3) SERVICE.—Except as provided in sub- education or Bureau-funded school boards, is needed for the functioning of the com- section (b), each Commissioner shall report and individuals from business and industry mittee. In addition, the membership of each to the Director. A Commissioner shall serve

VerDate 0ct 09 2002 03:14 Oct 16, 2002 Jkt 019060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\CR\FM\A15OC6.075 S15PT1 October 15, 2002 CONGRESSIONAL RECORD — SENATE S10463 for a period of not more than 6 years, except (1) to sponsor sustained research that will (9) carry out research on successful State that a Commissioner— lead to the accumulation of knowledge and and local education reform activities, includ- (A) may be reappointed by the Director; understanding of education, to— ing those that result in increased academic and (A) ensure that all children have access to achievement and in closing the achievement (B) may serve after the expiration of that a high-quality education; gap, as approved by the Director; Commissioner’s term, until a successor has (B) improve student academic achieve- (10) carry out research initiatives regard- been appointed, for a period not to exceed 1 ment, including through the use of edu- ing the impact of technology, including— additional year. cational technology; (A) research into how technology affects (b) APPOINTMENT OF COMMISSIONER FOR (C) close the achievement gap between student achievement; EDUCATION STATISTICS.—The National Center high-performing and low-performing stu- (B) long-term research into cognition and for Education Statistics shall be headed by a dents through the improvement of teaching learning issues as they relate to the uses of Commissioner for Education Statistics who and learning of reading, writing, mathe- technology; shall be appointed by the President, by and matics, science, and other academic sub- (C) rigorous, peer-reviewed, large-scale, with the advice and consent of the Senate, jects; and long-term, and broadly applicable empirical and who shall— (D) improve access to, and opportunity for, research that is designed to determine which (1) have substantial knowledge of programs postsecondary education; approaches to the use of technology are most assisted by the National Center for Edu- (2) to support the synthesis and, as appro- effective and cost-efficient in practice and cation Statistics; priate, the integration of education research; under what conditions; and (2) receive the rate of basic pay for level IV (3) to promote quality and integrity (D) field-based research on how teachers of the Executive Schedule; and through the use of accepted practices of sci- implement technology and Internet-based re- (3) serve for a term of 6 years, with the entific inquiry to obtain knowledge and un- sources in the classroom, including an under- term to expire every sixth June 21, beginning derstanding of the validity of education standing how these resources are being in 2003. theories, practices, or conditions; and accessed, put to use, and the effectiveness of (c) COORDINATION.—Each Commissioner of (4) to promote scientifically valid research such resources; and a National Education Center shall coordi- findings that can provide the basis for im- (11) carry out research that is rigorous, nate with each of the other Commissioners proving academic instruction and lifelong peer-reviewed, and large scale to determine of the National Education Centers in car- learning. which methods of mathematics and science rying out such Commissioner’s duties under SEC. 132. COMMISSIONER FOR EDUCATION RE- teaching are most effective, cost efficient, this title. SEARCH. and able to be applied, duplicated, and scaled (d) SUPERVISION AND APPROVAL.—Each The Research Center shall be headed by a up for use in elementary and secondary Commissioner, except the Commissioner for Commissioner for Education Research (in classrooms, including in low-performing Education Statistics, shall carry out such this part referred to as the ‘‘Research Com- schools, to improve the teaching of, and stu- Commissioner’s duties under this title under missioner’’) who shall have substantial dent achievement in, mathematics and the supervision and subject to the approval knowledge of the activities of the Research science as required under the Elementary of the Director. Center, including a high level of expertise in and Secondary Education Act of 1965 (20 SEC. 118. AGREEMENTS. the fields of research and research manage- U.S.C. 6301 et seq.). The Institute may carry out research ment. (b) ELIGIBILITY.—Research carried out projects of common interest with entities SEC. 133. DUTIES. under subsection (a) through contracts, such as the National Science Foundation and (a) GENERAL DUTIES.—The Research Center grants, or cooperative agreements shall be the National Institute of Child Health and shall— carried out only by recipients with the abil- Human Development through agreements (1) maintain published peer-review stand- ity and capacity to conduct scientifically with such entities that are in accordance ards and standards for the conduct and eval- valid research. with section 430 of the General Education uation of all research and development car- (c) NATIONAL RESEARCH AND DEVELOPMENT Provisions Act (20 U.S.C. 1231). ried out under the auspices of the Research CENTERS.— SEC. 119. BIENNIAL REPORT. Center in accordance with this part; (1) SUPPORT.—In carrying out activities The Director shall, on a biennial basis, (2) propose to the Director a research plan under subsection (a)(3), the Research Com- transmit to the President, the Board, and that— missioner shall support not less than 8 na- the appropriate congressional committees, (A) is consistent with the priorities and tional research and development centers. and make widely available to the public (in- mission of the Institute and the mission of The Research Commissioner shall assign cluding by means of the Internet), a report the Research Center and includes the activi- each of the 8 national research and develop- containing the following: ties described in paragraph (3); and ment centers not less than 1 of the topics de- (1) A description of the activities carried (B) shall be carried out pursuant to para- scribed in paragraph (2). In addition, the Re- out by and through the National Education graph (4) and, as appropriate, be updated and search Commissioner may assign each of the Centers during the prior fiscal years. modified; 8 national research and development centers (2) A summary of each grant, contract, and (3) carry out specific, long-term research additional topics of research consistent with cooperative agreement in excess of $100,000 activities that are consistent with the prior- the mission and priorities of the Institute funded through the National Education Cen- ities and mission of the Institute, and are ap- and the mission of the Research Center. ters during the prior fiscal years, including, proved by the Director; (2) TOPICS OF RESEARCH.—The Research at a minimum, the amount, duration, recipi- (4) implement the plan proposed under Commissioner shall support the following ent, purpose of the award, and the relation- paragraph (2) to carry out scientifically valid topics of research, through national research ship, if any, to the priorities and mission of research that— and development centers or through other the Institute, which shall be available in a (A) uses objective and measurable indica- means: user-friendly electronic database. tors, including timelines, that are used to as- (A) Adult literacy. (3) A description of how the activities of sess the progress and results of such re- (B) Assessment, standards, and account- the National Education Centers are con- search; ability research. sistent with the principles of scientifically (B) meets the procedures for peer review (C) Early childhood development and edu- valid research and the priorities and mission established by the Director under section cation. of the Institute. 114(f)(5) and the standards of research de- (D) English language learners research. (4) Such additional comments, rec- scribed in section 134; and (E) Improving low achieving schools. ommendations, and materials as the Direc- (C) includes both basic research and ap- (F) Innovation in education reform. tor considers appropriate. plied research, which shall include research (G) State and local policy. SEC. 120. COMPETITIVE AWARDS. conducted through field-initiated research (H) Postsecondary education and training. Activities carried out under this Act and ongoing research initiatives; (I) Rural education. through grants, contracts, or cooperative (5) promote the use of scientifically valid (J) Teacher quality. agreements, at a minimum, shall be awarded research within the Federal Government, in- (K) Reading and literacy. on a competitive basis and, when prac- cluding active participation in interagency (3) DUTIES OF CENTERS.—The national re- ticable, through a process of peer review. research projects described in section 118; search and development centers shall address (6) ensure that research conducted under areas of national need, including in edu- PART B—NATIONAL CENTER FOR the direction of the Research Center is rel- cational technology areas. The Research EDUCATION RESEARCH evant to education practice and policy; Commissioner may support additional na- SEC. 131. ESTABLISHMENT. (7) synthesize and disseminate, through the tional research and development centers to (a) ESTABLISHMENT.—There is established National Center for Education Evaluation address topics of research not described in in the Institute a National Center for Edu- and Regional Assistance, the findings and re- paragraph (2) if such topics are consistent cation Research (in this part referred to as sults of education research conducted or sup- with the priorities and mission of the Insti- the ‘‘Research Center’’). ported by the Research Center; tute and the mission of the Research Center. (b) MISSION.—The mission of the Research (8) assist the Director in the preparation of The research carried out by the centers shall Center is— a biennial report, as described in section 119; incorporate the potential or existing role of

VerDate 0ct 09 2002 03:14 Oct 16, 2002 Jkt 019060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\CR\FM\A15OC6.076 S15PT1 S10464 CONGRESSIONAL RECORD — SENATE October 15, 2002 educational technology, where appropriate, 50 percent of the funds made available for re- (i) the relationship between victims and in achieving the goals of each center. search for each fiscal year shall be used to perpetrators; (4) SCOPE.—Support for a national research fund long-term research programs of not less (ii) demographic characteristics of the vic- and development center shall be for a period than 5 years, which support the priorities tims and perpetrators; and of not more than 5 years, shall be of suffi- and mission of the Institute and the mission (iii) the type of weapons used in incidents, cient size and scope to be effective, and not- of the Research Center. as classified in the Uniform Crime Reports of withstanding section 134(b), may be renewed PART C—NATIONAL CENTER FOR the Federal Bureau of Investigation; without competition for not more than 5 ad- EDUCATION STATISTICS (I) the financing and management of edu- ditional years if the Director, in consulta- SEC. 151. ESTABLISHMENT. cation, including data on revenues and ex- tion with the Research Commissioner and (a) ESTABLISHMENT.—There is established penditures; the Board, determines that the research of in the Institute a National Center for Edu- (J) the social and economic status of chil- the national research and development cen- cation Statistics (in this part referred to as dren, including their academic achievement; ter— the ‘‘Statistics Center’’). (K) the existence and use of educational (A) continues to address priorities of the (b) MISSION.—The mission of the Statistics technology and access to the Internet by stu- Institute; and Center shall be— dents and teachers in elementary schools (B) merits renewal (applying the proce- (1) to collect and analyze education infor- and secondary schools; dures and standards established in section mation and statistics in a manner that (L) access to, and opportunity for, early 134). meets the highest methodological standards; childhood education; (5) LIMIT.—No national research and devel- (2) to report education information and (M) the availability of, and access to, be- opment center may be supported under this statistics in a timely manner; and fore-school and after-school programs (in- subsection for a period of more than 10 years (3) to collect, analyze, and report edu- cluding such programs during school re- without submitting to a competitive process cation information and statistics in a man- cesses); for the award of the support. ner that— (N) student participation in and comple- (6) CONTINUATION OF AWARDS.—The Director (A) is objective, secular, neutral, and non- tion of secondary and postsecondary voca- shall continue awards made to the national ideological and is free of partisan political research and development centers that are in tional and technical education programs by influence and racial, cultural, gender, or re- specific program area; and effect on the day before the date of enact- gional bias; and ment of this Act in accordance with the (O) the existence and use of school librar- (B) is relevant and useful to practitioners, ies; terms of those awards and may renew them researchers, policymakers, and the public. in accordance with paragraphs (4) and (5). (2) conducting and publishing reports on SEC. 152. COMMISSIONER FOR EDUCATION STA- the meaning and significance of the statis- (7) DISAGGREGATION.—To the extent fea- TISTICS. tics described in paragraph (1); sible, research conducted under this sub- The Statistics Center shall be headed by a (3) collecting, analyzing, cross-tabulating, section shall be disaggregated by age, race, Commissioner for Education Statistics (in gender, and socioeconomic background. this part referred to as the ‘‘Statistics Com- and reporting, to the extent feasible, information by gender, race, ethnicity, socio- SEC. 134. STANDARDS FOR CONDUCT AND EVAL- missioner’’) who shall be highly qualified and UATION OF RESEARCH. have substantial knowledge of statistical economic status, limited English pro- (a) IN GENERAL.—In carrying out this part, methodologies and activities undertaken by ficiency, mobility, disability, urban, rural, the Research Commissioner shall— the Statistics Center. suburban districts, and other population (1) ensure that all research conducted SEC. 153. DUTIES. characteristics, when such disaggregated information will facilitate educational and under the direction of the Research Center (a) GENERAL DUTIES.—The Statistics Cen- follows scientifically based research stand- ter shall collect, report, analyze, and dis- policy decisionmaking; ards; seminate statistical data related to edu- (4) assisting public and private educational (2) develop such other standards as may be cation in the United States and in other na- agencies, organizations, and institutions in necessary to govern the conduct and evaluations, including— improving and automating statistical and tion of all research, development, and wide (1) collecting, acquiring, compiling (where data collection activities, which may include dissemination activities carried out by the appropriate, on a State-by-State basis), and assisting State educational agencies and Research Center to assure that such activi- disseminating full and complete statistics local educational agencies with the ties meet the highest standards of profes- (disaggregated by the population character- disaggregation of data and with the develop- sional excellence; istics described in paragraph (3)) on the con- ment of longitudinal student data systems; (3) review the procedures utilized by the dition and progress of education, at the pre- (5) determining voluntary standards and National Institutes of Health, the National school, elementary, secondary, postsec- guidelines to assist State educational agen- Science Foundation, and other Federal de- ondary, and adult levels in the United cies in developing statewide longitudinal partments or agencies engaged in research States, including data on— data systems that link individual student and development, and actively solicit rec- (A) State and local education reform ac- data consistent with the requirements of the ommendations from research organizations tivities; Elementary and Secondary Education Act of and members of the general public in the de- (B) State and local early childhood school 1965 (20 U.S.C. 6301 et seq.), promote linkages velopment of the standards described in readiness activities; across States, and protect student privacy paragraph (2); and (C) student achievement in, at a minimum, consistent with section 183, to improve stu- (4) ensure that all research complies with the core academic areas of reading, mathe- dent academic achievement and close Federal guidelines relating to research mis- matics, and science at all levels of edu- achievement gaps; conduct. cation; (6) acquiring and disseminating data on (b) PEER REVIEW.— (D) secondary school completions, drop- educational activities and student achieve- (1) IN GENERAL.—The Director shall estab- outs, and adult literacy and reading skills; ment (such as the Third International Math lish a peer review system, involving highly (E) access to, and opportunity for, postsec- and Science Study) in the United States qualified individuals with an in-depth knowl- ondary education, including data on finan- compared with foreign nations; edge of the subject to be investigated, for re- cial aid to postsecondary students; (7) conducting longitudinal and special viewing and evaluating all applications for (F) teaching, including— data collections necessary to report on the grants and cooperative agreements that ex- (i) data on in-service professional develop- condition and progress of education; ceed $100,000, and for evaluating and assessment, including a comparison of courses (8) assisting the Director in the prepara- ing the products of research by all recipients taken in the core academic areas of reading, tion of a biennial report, as described in sec- of grants and cooperative agreements under mathematics, and science with courses in tion 119; and this Act. noncore academic areas, including tech- (9) determining, in consultation with the (2) EVALUATION.—The Research Commis- nology courses; and National Research Council of the National sioner shall— (ii) the percentage of teachers who are Academies, methodology by which States (A) develop the procedures to be used in highly qualified (as such term is defined in may accurately measure graduation rates evaluating applications for research grants, section 9101 of the Elementary and Sec- (defined as the percentage of students who cooperative agreements, and contracts, and ondary Education Act of 1965 (20 U.S.C. 7801)) graduate from secondary school with a reg- specify the criteria and factors (including, as in each State and, where feasible, in each ular diploma in the standard number of applicable, the use of longitudinal data link- local educational agency and school; years), school completion rates, and dropout ing test scores, enrollment, and graduation (G) instruction, the conditions of the edu- rates. cation workplace, and the supply of, and de- rates over time) which shall be considered in (b) TRAINING PROGRAM.—The Statistics mand for, teachers; making such evaluations; and Commissioner may establish a program to (B) evaluate the performance of each re- (H) the incidence, frequency, seriousness, train employees of public and private edu- cipient of an award of a research grant, con- and nature of violence affecting students, tract, or cooperative agreement at the con- school personnel, and other individuals par- cational agencies, organizations, and institu- clusion of the award. ticipating in school activities, as well as tions in the use of standard statistical proce- (c) LONG-TERM RESEARCH.—The Research other indices of school safety, including in- dures and concepts, and may establish a fel- Commissioner shall ensure that not less than formation regarding— lowship program to appoint such employees

VerDate 0ct 09 2002 03:14 Oct 16, 2002 Jkt 019060 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\CR\FM\A15OC6.076 S15PT1 October 15, 2002 CONGRESSIONAL RECORD — SENATE S10465 as temporary fellows at the Statistics Cen- statistical compilations and surveys for (3) to support synthesis and wide dissemi- ter, in order to assist the Statistics Center State and local officials, public and private nation of results of evaluation, research, and in carrying out its duties. organizations, and individuals. products developed; and SEC. 154. PERFORMANCE OF DUTIES. (2) COMPILATIONS.—The Statistics Center (4) to encourage the use of scientifically (a) GRANTS, CONTRACTS, AND COOPERATIVE shall provide State educational agencies, valid education research and evaluation AGREEMENTS.—In carrying out the duties local educational agencies, and institutions throughout the United States. under this part, the Statistics Commis- of higher education with opportunities to (c) GRANTS, CONTRACTS, AND COOPERATIVE sioner, may award grants, enter into con- suggest the establishment of particular com- AGREEMENTS.—In carrying out the duties tracts and cooperative agreements, and pro- pilations of statistics, surveys, and analyses under this part, the Director may award vide technical assistance. that will assist those educational agencies. grants, enter into contracts and cooperative (b) GATHERING INFORMATION.— (b) CONGRESSIONAL REQUESTS.—The Statis- agreements, and provide technical assist- tics Center shall furnish such special statis- (1) SAMPLING.—The Statistics Commis- ance. sioner may use the statistical method known tical compilations and surveys as the rel- as sampling (including random sampling) to evant congressional committees may re- SEC. 172. COMMISSIONER FOR EDUCATION EVAL- carry out this part. quest. UATION AND REGIONAL ASSIST- (c) JOINT STATISTICAL PROJECTS.—The Sta- ANCE. (2) SOURCE OF INFORMATION.—The Statistics Commissioner may, as appropriate, use in- tistics Center may engage in joint statistical (a) IN GENERAL.—The National Center for projects related to the mission of the Center, formation collected— Education Evaluation and Regional Assist- or other statistical purposes authorized by (A) from States, local educational agen- ance shall be headed by a Commissioner for law, with nonprofit organizations or agencies, public and private schools, preschools, Education Evaluation and Regional Assist- cies, and the cost of such projects shall be institutions of higher education, vocational ance (in this part referred to as the ‘‘Evalua- shared equitably as determined by the Sec- and adult education programs, libraries, ad- tion and Regional Assistance Commis- retary. sioner’’) who is highly qualified and has dem- ministrators, teachers, students, the general (d) FEES.— onstrated a capacity to carry out the mis- public, and other individuals, organizations, (1) IN GENERAL.—Statistical compilations sion of the Center and shall— agencies, and institutions (including infor- and surveys under this section, other than (1) conduct evaluations pursuant to section mation collected by States and local edu- those carried out pursuant to subsections (b) 173; cational agencies for their own use); and and (c), may be made subject to the payment (2) widely disseminate information on sci- (B) by other offices within the Institute of the actual or estimated cost of such work. entifically valid research, statistics, and and by other Federal departments, agencies, (2) FUNDS RECEIVED.—All funds received in evaluation on education, particularly to and instrumentalities. payment for work or services described in State educational agencies and local edu- (3) COLLECTION.—The Statistics Commis- this subsection may be used to pay directly cational agencies, to institutions of higher sioner may— the costs of such work or services, to repay education, to the public, the media, vol- (A) enter into interagency agreements for appropriations that initially bore all or part untary organizations, professional associa- the collection of statistics; of such costs, or to refund excess sums when tions, and other constituencies, especially (B) arrange with any agency, organization, necessary. with respect to information relating to, at a or institution for the collection of statistics; (e) ACCESS.— minimum— and (1) OTHER AGENCIES.—The Statistics Center (C) assign employees of the Statistics Cen- shall, consistent with section 183, cooperate (A) the core academic areas of reading, ter to any such agency, organization, or in- with other Federal agencies having a need mathematics, and science; stitution to assist in such collection. for educational data in providing access to (B) closing the achievement gap between (4) TECHNICAL ASSISTANCE AND COORDINA- educational data received by the Statistics high-performing students and low-per- TION.—In order to maximize the effectiveness Center. forming students; (C) educational practices that improve aca- of Department efforts to serve the edu- (2) INTERESTED PARTIES.—The Statistics cational needs of children and youth, the Center shall, in accordance with such terms demic achievement and promote learning; Statistics Commissioner shall— and conditions as the Center may prescribe, (D) education technology, including soft- (A) provide technical assistance to the De- provide all interested parties, including pub- ware; and partment offices that gather data for statis- lic and private agencies, parents, and other (E) those topics covered by the Edu- tical purposes; and individuals, direct access, in the most appro- cational Resources Information Center (B) coordinate with other Department of- priate form (including, where possible, elec- Clearinghouses (established under section fices in the collection of data. tronically), to data collected by the Statis- 941(f) of the Educational Research, Develop- (c) DURATION.—Notwithstanding any other tics Center for the purposes of research and ment, Dissemination, and Improvement Act provision of law, the grants, contracts, and acquiring statistical information. of 1994 (20 U.S.C. 6041(f)) (as such provision was in effect on the day before the date of cooperative agreements under this section SEC. 157. COOPERATIVE EDUCATION STATISTICS may be awarded, on a competitive basis, for SYSTEMS. enactment of this Act); a period of not more than 5 years, and may The Statistics Center may establish 1 or (3) make such information accessible in a be renewed at the discretion of the Statistics more national cooperative education statis- user-friendly, timely, and efficient manner Commissioner for an additional period of not tics systems for the purpose of producing and (including through use of a searchable Inter- more than 5 years. maintaining, with the cooperation of the net-based online database that shall include SEC. 155. REPORTS. States, comparable and uniform information all topics covered in paragraph (2)(E)) to (a) PROCEDURES FOR ISSUANCE OF RE- and data on early childhood education, ele- schools, institutions of higher education, PORTS.—The Statistics Commissioner, shall mentary and secondary education, postsec- educators (including early childhood edu- establish procedures, in accordance with secondary education, adult education, and li- cators), parents, administrators, policy- tion 186, to ensure that the reports issued braries, that are useful for policymaking at makers, researchers, public and private enti- under this section are relevant, of high qual- the Federal, State, and local levels. ties (including providers of early childhood ity, useful to customers, subject to rigorous SEC. 158. STATE DEFINED. services), entities responsible for carrying peer review, produced in a timely fashion, In this part, the term ‘‘State’’ means each out technical assistance through the Depart- and free from any partisan political influ- of the 50 States, the District of Columbia, ment, and the general public; ence. and the Commonwealth of Puerto Rico. (4) support the regional educational lab- (b) REPORT ON CONDITION AND PROGRESS OF PART D—NATIONAL CENTER FOR EDU- oratories in conducting applied research, the EDUCATION.—Not later than June 1, 2003, and CATION EVALUATION AND REGIONAL development and dissemination of edu- each June 1 thereafter, the Statistics Com- ASSISTANCE cational research, products and processes, the provision of technical assistance, and missioner, shall submit to the President and SEC. 171. ESTABLISHMENT. other activities to serve the educational the appropriate congressional committees a (a) ESTABLISHMENT.—There is established needs of such laboratories’ regions; statistical report on the condition and in the Institute a National Center for Edu- progress of education in the United States. cation Evaluation and Regional Assistance. (5) manage the National Library of Edu- (c) STATISTICAL REPORTS.—The Statistics (b) MISSION.—The mission of the National cation described in subsection (d), and other Commissioner shall issue regular and, as Center for Education Evaluation and Re- sources of digital information on education necessary, special statistical reports on edu- gional Assistance shall be— research; cation topics, particularly in the core aca- (1) to provide technical assistance; (6) assist the Director in the preparation of demic areas of reading, mathematics, and (2) to conduct evaluations of Federal edu- a biennial report, described in section 119; science, consistent with the priorities and cation programs administered by the Sec- and the mission of the Statistics Center. retary (and as time and resources allow, (7) award a contract for a prekindergarten SEC. 156. DISSEMINATION. other education programs) to determine the through grade 12 mathematics and science (a) GENERAL REQUESTS.— impact of such programs (especially on stu- teacher clearinghouse. (1) IN GENERAL.—The Statistics Center may dent academic achievement in the core aca- (b) ADDITIONAL DUTIES.—In carrying out furnish transcripts or copies of tables and demic areas of reading, mathematics, and subsection (a), the Evaluation and Regional other statistical records and make special science); Assistance Commissioner shall—

VerDate 0ct 09 2002 03:14 Oct 16, 2002 Jkt 019060 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\CR\FM\A15OC6.077 S15PT1 S10466 CONGRESSIONAL RECORD — SENATE October 15, 2002 (1) ensure that information disseminated (A) conduct or support evaluations con- title existed on the day before the date of en- under this section is provided in a cost-effec- sistent with the Center’s mission as de- actment of the No Child Left Behind Act of tive, nonduplicative manner that includes scribed in section 171(b); 2001 (Public Law 107–110)). the most current research findings, which (B) evaluate programs under title I of the (d) APPLICATIONS.— may include through the continuation of in- Elementary and Secondary Education Act of (1) SUBMISSION.—Each applicant desiring a dividual clearinghouses authorized under the 1965 (20 U.S.C. 6301 et seq.); contract under this section shall submit an Educational Research, Development, Dis- (C) to the extent practicable, examine application at such time, in such manner, semination, and Improvement Act of 1994 evaluations conducted or supported by oth- and containing such information as the Di- (title IX of the Goals 2000: Educate America ers in order to determine the quality and rel- rector may reasonably require. Act; 20 U.S.C. 6001 et seq.) (as such Act ex- evance of the evidence of effectiveness gen- (2) PLAN.—Each application submitted isted on the day before the date of enact- erated by those evaluations, with the ap- under paragraph (1) shall contain a 5-year ment of this Act); proval of the Director; plan for carrying out the activities described (2) describe prominently the type of sci- (D) coordinate the activities of the Na- in this section in a manner that addresses entific evidence that is used to support the tional Center for Education Evaluation and the priorities established under section 207 findings that are disseminated; Regional Assistance with other evaluation and addresses the needs of all States (and to (3) explain clearly the scientifically appro- activities in the Department; the extent practicable, of local educational priate and inappropriate uses of— (E) review and, where feasible, supplement agencies) within the region to be served by (A) the findings that are disseminated; and Federal education program evaluations, par- the regional educational laboratory, on an (B) the types of evidence used to support ticularly those by the Department, to deter- ongoing basis. those findings; and mine or enhance the quality and relevance of (e) ENTERING INTO CONTRACTS.— (4) respond, as appropriate, to inquiries the evidence generated by those evaluations; (1) IN GENERAL.—In entering into contracts from schools, educators, parents, administra- (F) establish evaluation methodology; and under this section, the Director shall— tors, policymakers, researchers, public and (G) assist the Director in the preparation (A) enter into contracts for a 5-year period; private entities, and entities responsible for of the biennial report, as described in section and carrying out technical assistance. 119. (B) ensure that regional educational lab- (c) CONTINUATION.—The Director shall con- (2) ADDITIONAL REQUIREMENTS.—Each eval- oratories established under this section have tinue awards for the support of the Edu- uation conducted by the National Center for strong and effective governance, organiza- cational Resources Information Center Education Evaluation and Regional Assist- tion, management, and administration, and Clearinghouses and contracts for regional ance pursuant to paragraph (1) shall— employ qualified staff. educational laboratories (established under (A) adhere to the highest possible stand- (2) COORDINATION.—In order to ensure co- subsections (f) and (h) of section 941 of the ards of quality for conducting scientifically ordination and prevent unnecessary duplica- Educational Research, Development, Dis- valid education evaluation; and tion of activities among the regions, the semination, and Improvement Act of 1994 (20 (B) be subject to rigorous peer-review. Evaluation and Regional Assistance Com- U.S.C. 6041(f) and (h)) (as such awards were in (b) ADMINISTRATION OF EVALUATIONS UNDER missioner shall— effect on the day before the date of enact- TITLE I OF THE ELEMENTARY AND SECONDARY (A) share information about the activities ment of this Act)) for the duration of those EDUCATION ACT OF 1965.—The Evaluation and of each regional educational laboratory awards, in accordance with the terms and Regional Assistance Commissioner, con- awarded a contract under this section with agreements of such awards. sistent with the mission of the National Cen- each other regional educational laboratory (d) NATIONAL LIBRARY OF EDUCATION.— ter for Education Evaluation and Regional awarded a contract under this section and (1) ESTABLISHMENT.—There is established Assistance under section 171(b), shall admin- with the Department of Education, including ister all operations and contracts associated within the National Center for Education the Director and the Board; with evaluations authorized by part E of Evaluation and Regional Assistance a Na- (B) oversee a strategic plan for ensuring title I of the Elementary and Secondary Edu- tional Library of Education that shall— that each regional educational laboratory cation Act of 1965 (20 U.S.C. 6491 et seq.) and (A) be headed by an individual who is high- awarded a contract under this section in- administered by the Department as of the ly qualified in library science; creases collaboration and resource-sharing date of enactment of this Act. (B) collect and archive information; in such activities; (C) provide a central location within the SEC. 174. REGIONAL EDUCATIONAL LABORA- (C) ensure, where appropriate, that the ac- TORIES FOR RESEARCH, DEVELOP- Federal Government for information about tivities of each regional educational labora- education; MENT, DISSEMINATION, AND TECH- NICAL ASSISTANCE. tory awarded a contract under this section (D) provide comprehensive reference serv- (a) REGIONAL EDUCATIONAL LABORA- also serve national interests; and ices on matters related to education to em- TORIES.—The Director shall enter into con- (D) ensure that each regional educational ployees of the Department of Education and tracts with entities to establish a networked laboratory awarded a contract under this its contractors and grantees, other Federal system of 10 regional educational labora- section coordinates such laboratory’s activi- employees, and members of the public; and tories that serve the needs of each region of ties with the activities of each other re- (E) promote greater cooperation and re- the United States in accordance with the gional technical assistance provider. source sharing among providers and reposi- provisions of this section. The amount of as- (3) OUTREACH.—In conducting competitions tories of education information in the United sistance allocated to each laboratory by the for contracts under this section, the Director States. Evaluation and Regional Assistance Com- shall— (2) INFORMATION.—The information col- missioner shall reflect the number of local (A) actively encourage eligible entities to lected and archived by the National Library educational agencies and the number of compete for such awards by making informa- of Education shall include— school-age children within the region served tion and technical assistance relating to the (A) products and publications developed by such laboratory, as well as the cost of competition widely available; and through, or supported by, the Institute; and providing services within the geographic (B) seek input from the chief executive of- (B) other relevant and useful education-re- area encompassed by the region. ficers of States, chief State school officers, lated research, statistics, and evaluation ma- (b) REGIONS.—The regions served by the re- educators, and parents regarding the need terials and other information, projects, and gional educational laboratories shall be the for applied research, wide dissemination, publications that are— 10 geographic regions served by the regional training, technical assistance, and develop- (i) consistent with— educational laboratories established under ment activities authorized by this title in (I) scientifically valid research; or section 941(h) of the Educational Research, the regions to be served by the regional edu- (II) the priorities and mission of the Insti- Development, Dissemination, and Improve- cational laboratories and how those edu- tute; and ment Act of 1994 (as such provision existed cational needs could be addressed most effec- (ii) developed by the Department, other on the day before the date of enactment of tively. Federal agencies, or entities (including enti- this Act). (4) OBJECTIVES AND INDICATORS.—Before en- ties supported under the Educational Tech- (c) ELIGIBLE APPLICANTS.—The Director tering into a contract under this section, the nical Assistance Act of 2002 and the Edu- may enter into contracts under this section Director shall design specific objectives and cational Resources Information Center with research organizations, institutions, measurable indicators to be used to assess Clearinghouses (established under section agencies, institutions of higher education, or the particular programs or initiatives, and 941(f) of the Educational Research, Develop- partnerships among such entities, or individ- ongoing progress and performance, of the re- ment, Dissemination, and Improvement Act uals, with the demonstrated ability or capac- gional educational laboratories, in order to of 1994 (20 U.S.C. 6041(f)) (as such provision ity to carry out the activities described in ensure that the educational needs of the re- was in effect on the day before the date of this section, including regional entities that gion are being met and that the latest and enactment of this Act))). carried out activities under the Educational best research and proven practices are being SEC. 173. EVALUATIONS. Research, Development, Dissemination, and carried out as part of school improvement ef- (a) IN GENERAL.— Improvement Act of 1994 (as such Act existed forts. (1) REQUIREMENTS.—In carrying out its on the day before the date of enactment of (5) STANDARDS.—The Evaluation and Re- missions, the National Center for Education this Act) and title XIII of the Elementary gional Assistance Commissioner shall estab- Evaluation and Regional Assistance may— and Secondary Education Act of 1965 (as such lish a system for technical and peer review

VerDate 0ct 09 2002 03:14 Oct 16, 2002 Jkt 019060 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\CR\FM\A15OC6.077 S15PT1 October 15, 2002 CONGRESSIONAL RECORD — SENATE S10467 to ensure that applied research activities, re- (5) supporting and serving the educational (I) representatives nominated by chief ex- search-based reports, and products of the re- development activities and needs of the re- ecutive officers of States and State organiza- gional educational laboratories are con- gion by providing educational applied re- tions of superintendents, principals, institu- sistent with the research standards described search in usable forms to promote school-im- tions of higher education, teachers, parents, in section 134 and the evaluation standards provement, academic achievement, and the businesses, and researchers; or adhered to pursuant to section 173(a)(2)(A). closing of achievement gaps and contrib- (II) other representatives of the organiza- (f) CENTRAL MISSION AND PRIMARY FUNC- uting to the current base of education tions described in subclause (I), as required TION.—Each regional educational laboratory knowledge by addressing enduring problems by State law in effect on the day before the awarded a contract under this section shall in elementary and secondary education and date of enactment of this Act; support applied research, development, wide access to postsecondary education; (iv) is the sole entity that— dissemination, and technical assistance ac- (6) collaborating and coordinating services (I) guides and directs the laboratory in car- tivities by— with other technical assistance providers rying out the provisions of this subsection (1) providing training (which may include funded by the Department of Education; and satisfying the terms and conditions of supporting internships and fellowships and (7) assisting in gathering information on the contract award; providing stipends) and technical assistance school finance systems to promote improved (II) determines the regional agenda of the to State educational agencies, local edu- access to educational opportunities and to laboratory; (III) engages in an ongoing dialogue with cational agencies, school boards, schools better serve all public school students; the Evaluation and Regional Assistance funded by the Bureau as appropriate, and (8) assisting in gathering information on Commissioner concerning the laboratory’s State boards of education regarding, at a alternative administrative structures that goals, activities, and priorities; and minimum— are more conducive to planning, imple- (IV) determines at the start of the contract (A) the administration and implementa- menting, and sustaining school reform and period, subject to the requirements of this tion of programs under the Elementary and improved academic achievement; section and in consultation with the Evalua- Secondary Education Act of 1965 (20 U.S.C. (9) bringing teams of experts together to tion and Regional Assistance Commissioner, 6301 et seq.); develop and implement school improvement the mission of the regional educational lab- (B) scientifically valid research in edu- plans and strategies, especially in low-per- oratory for the duration of the contract pe- cation on teaching methods, assessment forming or high poverty schools; and (10) developing innovative approaches to riod; tools, and high quality, challenging cur- (v) ensures that the regional educational riculum frameworks for use by teachers and the application of technology in education that are unlikely to originate from within laboratory attains and maintains a high administrators in, at a minimum— level of quality in the laboratory’s work and (i) the core academic subjects of mathe- the private sector, but which could result in the development of new forms of education products; matics, science, and reading; (vi) establishes standards to ensure that (ii) English language acquisition; software, education content, and technology- enabled pedagogy. the regional educational laboratory has (iii) education technology; and strong and effective governance, organiza- (g) ACTIVITIES.—Each regional educational (iv) the replication and adaption of exem- tion, management, and administration, and laboratory awarded a contract under this plary and promising practices and new edu- employs qualified staff; section shall carry out the following activi- cational methods, including professional de- (vii) directs the regional educational lab- ties: velopment strategies and the use of edu- oratory to carry out the laboratory’s duties (1) Collaborate with the National Edu- cational technology to improve teaching and in a manner that will make progress toward cation Centers in order to— learning; and achieving the State education goals and re- (A) maximize the use of research conducted (C) the facilitation of communication be- forming schools and educational systems; through the National Education Centers in tween educational experts, school officials, and the work of such laboratory; and teachers, parents, and librarians, to en- (viii) conducts a continuing survey of the (B) keep the National Education Centers able such individuals to assist schools to de- educational needs, strengths, and weak- apprised of the work of the regional edu- velop a plan to meet the State education nesses within the region, including a process cational laboratory in the field; and goals; of open hearings to solicit the views of (C) inform the National Education Centers (2) developing and widely disseminating, schools and teachers; and about additional research needs identified in including through Internet-based means, sci- (B) allocate the regional educational lab- the field. entifically valid research, information, re- oratory’s resources to and within each State (2) Consult with the State educational ports, and publications that are usable for in a manner which reflects the need for as- agencies and local educational agencies in improving academic achievement, closing sistance, taking into account such factors as the region in developing the plan for serving achievement gaps, and encouraging and sus- the proportion of economically disadvan- the region. taining school improvement, to— taged students, the increased cost burden of (3) Develop strategies to utilize schools as (A) schools, districts, institutions of higher service delivery in areas of sparse popu- critical components in reforming education education, educators (including early child- lations, and any special initiatives being un- and revitalizing rural communities in the hood educators and librarians), parents, pol- dertaken by State, intermediate, local edu- United States. icymakers, and other constituencies, as ap- cational agencies, or Bureau-funded schools, (4) Report and disseminate information on propriate, within the region in which the reas appropriate, which may require special as- overcoming the obstacles faced by educators gional educational laboratory is located; and sistance from the laboratory. (B) the National Center for Education and schools in high poverty, urban, and rural (2) SPECIAL RULE.—If a regional edu- areas. Evaluation and Regional Assistance; cational laboratory needs flexibility in order (5) Identify successful educational pro- (3) developing a plan for identifying and to meet the requirements of paragraph grams that have either been developed by serving the needs of the region by con- (1)(A)(i), the regional educational laboratory such laboratory in carrying out such labora- ducting a continuing survey of the edu- may select not more than 10 percent of the tory’s functions or that have been developed cational needs, strengths, and weaknesses governing board from individuals outside or used by others within the region served by within the region, including a process of those representatives nominated in accord- the laboratory and make such information open hearings to solicit the views of schools, ance with paragraph (1)(A)(iii). available to the Secretary and the network teachers, administrators, parents, local edu- (i) DUTIES OF GOVERNING BOARD.—In order cational agencies, librarians, and State edu- of regional educational laboratories so that to improve the efficiency and effectiveness of cational agencies within the region; such programs may be considered for inclu- the regional educational laboratories, the (4) in the event such quality applied re- sion in the national education dissemination governing boards of the regional educational search does not exist as determined by the system. laboratories shall establish and maintain a regional educational laboratory or the De- (h) GOVERNING BOARD AND ALLOCATION.— network to— partment, carrying out applied research (1) IN GENERAL.—In carrying out its respon- (1) share information about the activities projects that are designed to serve the par- sibilities, each regional educational labora- each laboratory is carrying out; ticular educational needs (in prekinder- tory awarded a contract under this section, (2) plan joint activities that would meet garten through grade 16) of the region in in keeping with the terms and conditions of the needs of multiple regions; which the regional educational laboratory is such laboratory’s contract, shall— (3) create a strategic plan for the develop- located, that reflect findings from scientif- (A) establish a governing board that— ment of activities undertaken by the labora- ically valid research, and that result in user- (i) reflects a balanced representation of— tories to reduce redundancy and increase col- friendly, replicable school-based classroom (I) the States in the region; laboration and resource-sharing in such ac- applications geared toward promoting in- (II) the interests and concerns of regional tivities; and creased student achievement, including constituencies; and (4) otherwise devise means by which the using applied research to assist in solving (III) technical expertise; work of the individual laboratories could site-specific problems and assisting in devel- (ii) includes the chief State school officer serve national, as well as regional, needs. opment activities (including high-quality or such officer’s designee of each State rep- (j) EVALUATIONS.—The Evaluation and Re- and on-going professional development and resented in such board’s region; gional Assistance Commissioner shall pro- effective parental involvement strategies); (iii) includes— vide for independent evaluations of each of

VerDate 0ct 09 2002 03:14 Oct 16, 2002 Jkt 019060 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\CR\FM\A15OC6.077 S15PT1 S10468 CONGRESSIONAL RECORD — SENATE October 15, 2002 the regional educational laboratories in car- law, no funds provided under this title to the tion and reports from any office, board, com- rying out the duties described in this section Institute, including any office, board, committee, and center of the Institute, as needed in the third year that such laboratory re- mittee, or center of the Institute, may be to carry out the priorities and mission of the ceives assistance under this section in ac- used by the Institute to endorse, approve, or Institute without the approval of the Sec- cordance with the standards developed by sanction any curriculum designed to be used retary or any other office of the Department. the Evaluation and Regional Assistance in an elementary school or secondary school. (b) ADVANCE COPIES.—The Director shall Commissioner and approved by the Board (d) FEDERALLY SPONSORED TESTING.— provide the Secretary and other relevant of- and shall transmit the results of such eval- (1) IN GENERAL.—Subject to paragraph (2), fices with an advance copy of any informa- uations to the relevant committees of Con- no funds provided under this title to the Sec- tion to be published under this section before gress, the Board, and the appropriate re- retary or to the recipient of any award may publication. gional educational laboratory governing be used to develop, pilot test, field test, im- (c) PEER REVIEW.—All research, statistics, board. plement, administer, or distribute any feder- and evaluation reports conducted by, or sup- (k) RULE OF CONSTRUCTION.—No regional ally sponsored national test in reading, ported through, the Institute shall be sub- educational laboratory receiving assistance mathematics, or any other subject, unless jected to rigorous peer review before being under this section shall, by reason of the re- specifically and explicitly authorized by law. published or otherwise made available to the ceipt of that assistance, be ineligible to re- (2) EXCEPTIONS.—Subsection (a) shall not public. ceive any other assistance from the Depart- apply to international comparative assess- (d) ITEMS NOT COVERED.—Nothing in sub- ment of Education as authorized by law or be ments developed under the authority of sec- sections (a), (b), or (c) shall be construed to prohibited from engaging in activities in- tion 153(a)(6) of this title or section 404(a)(6) apply to— volving international projects or endeavors. of the National Education Statistics Act of (1) information on current or proposed (l) ADVANCE PAYMENT SYSTEM.—Each re- 1994 (20 U.S.C. 9003(a)(6)) (as such section was budgets, appropriations, or legislation; gional educational laboratory awarded a in effect on the day before the date of enact- (2) information prohibited from disclosure contract under this section shall participate ment of this Act) and administered to only a by law or the Constitution, classified na- in the advance payment system at the De- representative sample of pupils in the United tional security information, or information partment of Education. States and in foreign nations. described in section 552(b) of title 5, United (m) ADDITIONAL PROJECTS.—In addition to SEC. 183. CONFIDENTIALITY. States Code; and activities authorized under this section, the (a) IN GENERAL.—All collection, mainte- (3) review by officers of the United States Director is authorized to enter into con- nance, use, and wide dissemination of data in order to prevent the unauthorized disclo- tracts or agreements with a regional edu- by the Institute, including each office, board, sure of information described in paragraph cational laboratory for the purpose of car- committee, and center of the Institute, shall (1) or (2). rying out additional projects to enable such conform with the requirements of section SEC. 187. VACANCIES. regional educational laboratory to assist in 552a of title 5, United States Code, the con- Any member appointed to fill a vacancy on efforts to achieve State education goals and fidentiality standards of subsection (c) of the Board occurring before the expiration of for other purposes. this section, and sections 444 and 445 of the the term for which the member’s predecessor (n) ANNUAL REPORT AND PLAN.—Not later General Education Provisions Act (20 U.S.C. was appointed shall be appointed only for the than July 1 of each year, each regional edu- 1232g, 1232h). remainder of that term. A vacancy in an of- cational laboratory awarded a contract (b) STUDENT INFORMATION.—The Director fice, board, committee, or center of the In- under this section shall submit to the Eval- shall ensure that all individually identifiable stitute shall be filled in the manner in which uation and Regional Assistance Commis- information about students, their academic the original appointment was made. This sioner— achievements, their families, and informa- section does not apply to employees ap- (1) a plan covering the succeeding fiscal tion with respect to individual schools, shall pointed under section 188. year, in which such laboratory’s mission, ac- remain confidential in accordance with sec- SEC. 188. SCIENTIFIC OR TECHNICAL EMPLOY- tivities, and scope of work are described, in- tion 552a of title 5, United States Code, the EES. cluding a general description of the plans confidentiality standards of subsection (c) of (a) IN GENERAL.—The Director may ap- such laboratory expects to submit in the re- this section, and sections 444 and 445 of the point, for terms not to exceed 6 years (with- maining years of such laboratory’s contract; General Education Provisions Act (20 U.S.C. out regard to the provisions of title 5, United and 1232g, 1232h). States Code, governing appointment in the (2) a report of how well such laboratory is SEC. 184. AVAILABILITY OF DATA. competitive service) and may compensate meeting the needs of the region, including a Subject to section 183, data collected by (without regard to the provisions of chapter summary of activities during the preceding the Institute, including any office, board, 51 and subchapter III of chapter 53 of such year, a list of entities served, a list of prod- committee, or center of the Institute, in car- title relating to classification and General ucts, and any other information that the re- rying out the priorities and mission of the Schedule pay rates) such scientific or tech- gional educational laboratory may consider Institute, shall be made available to the pub- nical employees to carry out the functions of relevant or the Evaluation and Regional As- lic, including through use of the Internet. the Institute or the office, board, committee, sistance Commissioner may require. SEC. 185. PERFORMANCE MANAGEMENT. or center, respectively, if— (o) CONSTRUCTION.—Nothing in this section The Director shall ensure that all activi- (1) at least 30 days prior to the appoint- shall be construed to require any modifica- ties conducted or supported by the Institute ment of any such employee, public notice is tions in a regional educational laboratory or a National Education Center make cus- given of the availability of such position and contract in effect on the day before the date tomer service a priority. The Director shall an opportunity is provided for qualified indi- of enactment of this Act. ensure a high level of customer satisfaction viduals to apply and compete for such posi- PART E—GENERAL PROVISIONS through the following methods: tion; SEC. 181. INTERAGENCY DATA SOURCES AND (1) Establishing and improving feedback (2) the rate of basic pay for such employees FORMATS. mechanisms in order to anticipate customer does not exceed the maximum rate of basic The Secretary, in consultation with the needs. pay payable for positions at GS–15, as deter- Director, shall ensure that the Department (2) Disseminating information in a timely mined in accordance with section 5376 of and the Institute use common sources of fashion and in formats that are easily acces- title 5, United States Code, except that not data in standardized formats. sible and usable by researchers, practi- more than 7 individuals appointed under this SEC. 182. PROHIBITIONS. tioners, and the general public. section may be paid at a rate that does not (a) NATIONAL DATABASE.—Nothing in this (3) Utilizing the most modern technology exceed the rate of basic pay for level III of title may be construed to authorize the es- and other methods available, including ar- the Executive Schedule; tablishment of a nationwide database of in- rangements to use data collected electroni- (3) the appointment of such employee is dividually identifiable information on indi- cally by States and local educational agen- necessary (as determined by the Director on viduals involved in studies or other collec- cies, to ensure the efficient collection and the basis of clear and convincing evidence) tions of data under this title. timely distribution of information, including to provide the Institute or the office, board, (b) FEDERAL GOVERNMENT AND USE OF FED- data and reports. committee, or center with scientific or tech- ERAL FUNDS.—Nothing in this title may be (4) Establishing and measuring perform- nical expertise which could not otherwise be construed to authorize an officer or em- ance against a set of indicators for the qual- obtained by the Institute or the office, ployee of the Federal Government to man- ity of data collected, analyzed, and reported. board, committee, or center through the date, direct, or control the curriculum, pro- (5) Continuously improving management competitive service; and gram of instruction, or allocation of State or strategies and practices. (4) the total number of such employees local resources of a State, local educational (6) Making information available to the does not exceed 40 individuals or 1⁄5 of the agency, or school, or to mandate a State, or public in an expeditious fashion. number of full-time, regular scientific or any subdivision thereof, to spend any funds SEC. 186. AUTHORITY TO PUBLISH. professional employees of the Institute, or incur any costs not provided for under (a) PUBLICATION.—The Director may pre- whichever is greater. this title. pare and publish (including through oral (b) DUTIES OF EMPLOYEES.—All employees (c) ENDORSEMENT OF CURRICULUM.—Not- presentation) such research, statistics (con- described in subsection (a) shall work on ac- withstanding any other provision of Federal sistent with part C), and evaluation informa- tivities of the Institute or the office, board,

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committee, or center, and shall not be reas- (1) IN GENERAL.—The terms ‘‘local edu- (2) PLAN.—Each application submitted signed to other duties outside the Institute cational agency’’ and ‘‘State educational under paragraph (1) shall contain a 5-year or the office, board, committee, or center agency’’ have the meanings given those plan for carrying out the activities described during their term. terms in section 9101 of the Elementary and in this section in a manner that addresses SEC. 189. FELLOWSHIPS. Secondary Education Act of 1965 (20 U.S.C. the priorities established under section 207 In order to strengthen the national capac- 7801). and addresses the needs of all States (and to ity to carry out high-quality research, eval- (2) SECRETARY.—The term ‘‘Secretary’’ the extent practicable, of local educational uation, and statistics related to education, means the Secretary of Education. agencies) within the region to be served by the Director shall establish and maintain re- SEC. 203. COMPREHENSIVE CENTERS. the comprehensive center, on an ongoing search, evaluation, and statistics fellowships (a) AUTHORIZATION.— basis. in institutions of higher education (which (1) IN GENERAL.—Subject to paragraph (2), (d) ALLOCATION.—Each comprehensive cen- may include the establishment of such fel- beginning in fiscal year 2004, the Secretary is ter established under this section shall allo- lowships in historically Black colleges and authorized to award not less than 20 grants cate such center’s resources to and within universities and other institutions of higher to local entities, or consortia of such enti- each State in a manner which reflects the education with large numbers of minority ties, with demonstrated expertise in pro- need for assistance, taking into account such students) that support graduate and viding technical assistance and professional factors as the proportion of economically postdoctoral study onsite at the Institute or development in reading, mathematics, disadvantaged students, the increased cost at the institution of higher education. In es- science, and technology, especially to low- burden of service delivery in areas of sparse tablishing the fellowships, the Director shall performing schools and districts, to establish populations, and any special initiatives ensure that women and minorities are ac- comprehensive centers. being undertaken by State, intermediate, tively recruited for participation. (2) REGIONS.—In awarding grants under local educational agencies, or Bureau-funded SEC. 190. VOLUNTARY SERVICE. paragraph (1), the Secretary— schools, as appropriate, which may require The Director may accept voluntary and (A) shall ensure that not less than 1 com- special assistance from the center. uncompensated services to carry out and prehensive center is established in each of support activities that are consistent with the 10 geographic regions served by the re- (e) SCOPE OF WORK.—Each comprehensive the priorities and mission of the Institute. gional educational laboratories established center established under this section shall SEC. 191. RULEMAKING. under section 941(h) of the Educational Re- work with State educational agencies, local Notwithstanding section 437(d) of the Gen- search, Development, Dissemination, and educational agencies, regional educational eral Education Provisions Act (20 U.S.C. Improvement Act of 1994 (as such provision agencies, and schools in the region where 1232(d)), the exemption for public property, existed on the day before the date of enact- such center is located on school improve- loans, grants, and benefits in section 553(a)(2) ment of this Act); and ment activities that take into account fac- of title 5, United States Code, shall apply to (B) after meeting the requirements of sub- tors such as the proportion of economically the Institute. paragraph (A), shall consider, in awarding disadvantaged students in the region, and SEC. 192. COPYRIGHT. the remainder of the grants, the school-age give priority to— Nothing in this Act shall be construed to population, proportion of economically dis- (1) schools in the region with high percent- affect the rights, remedies, limitations, or advantaged students, the increased cost bur- ages or numbers of students from low-income defense under title 17, United States Code. dens of service delivery in areas of sparse families, as determined under section SEC. 193. REMOVAL. population, and the number of schools iden- 1113(a)(5) of the Elementary and Secondary (a) PRESIDENTIAL.—The Director, each tified for school improvement (as described Education Act of 1965 (20 U.S.C. 6313(a)(5)), member of the Board, and the Commissioner in section 1116(b) of the Elementary and Sec- including such schools in rural and urban for Education Statistics may be removed by ondary Education Act of 1965 (20 U.S.C. areas, and schools receiving assistance under the President prior to the expiration of the 6316(b)) in the population served by the local title I of that Act (20 U.S.C. 6301 et seq.); term of each such appointee. entity or consortium of such entities. (2) local educational agencies in the region in which high percentages or numbers of (b) DIRECTOR.—Each Commissioner ap- (b) ELIGIBLE APPLICANTS.— school-age children are from low-income pointed by the Director pursuant to section (1) IN GENERAL.—Grants under this section 117 may be removed by the Director prior to may be made with research organizations, families, as determined under section the expiration of the term of each such Com- institutions, agencies, institutions of higher 1124(c)(1)(A) of the Elementary and Sec- missioner. education, or partnerships among such enti- ondary Education Act of 1965 (20 U.S.C. SEC. 194. AUTHORIZATION OF APPROPRIATIONS. ties, or individuals, with the demonstrated 6333(c)(1)(A)), including such local edu- (a) IN GENERAL.—There are authorized to ability or capacity to carry out the activi- cational agencies in rural and urban areas; be appropriated to administer and carry out ties described in subsection (f), including re- and this title (except section 174) $400,000,000 for gional entities that carried out activities (3) schools in the region that have been fiscal year 2003 and such sums as may be nec- under the Educational Research, Develop- identified for school improvement under sec- essary for each of the 5 succeeding fiscal ment, Dissemination, and Improvement Act tion 1116(b) of the Elementary and Secondary years, of which— of 1994 (as such Act existed on the day before Education Act of 1965 (20 U.S.C. 6316(b)). (1) not less than the amount provided to the date of enactment of this Act) and title (f) ACTIVITIES.— the National Center for Education Statistics XIII of the Elementary and Secondary Edu- (1) IN GENERAL.—A comprehensive center (as such Center was in existence on the day cation Act of 1965 (as such title existed on established under this section shall support before the date of enactment of this Act) for the day before the date of enactment of the dissemination and technical assistance ac- fiscal year 2002 shall be provided to the Na- No Child Left Behind Act of 2001 (Public Law tivities by— tional Center for Education Statistics, as au- 107–110)). (A) providing training, professional devel- thorized under part C; and (2) OUTREACH.—In conducting competitions opment, and technical assistance regarding, (2) not more than the lesser of 2 percent of for grants under this section, the Secretary at a minimum— such funds or $1,000,000 shall be made avail- shall actively encourage potential applicants (i) the administration and implementation able to carry out section 116 (relating to the to compete for such awards by making wide- of programs under the Elementary and Sec- National Board for Education Sciences). ly available information and technical as- ondary Education Act of 1965 (20 U.S.C. 6301 (b) REGIONAL EDUCATIONAL LABORA- sistance relating to the competition. et seq.); TORIES.—There are authorized to be appro- (3) OBJECTIVES AND INDICATORS.—Before (ii) the use of scientifically valid teaching priated to carry out section 174 $100,000,000 awarding a grant under this section, the Sec- methods and assessment tools for use by for fiscal year 2003 and such sums as may be retary shall design specific objectives and teachers and administrators in, at a min- necessary for each of the 5 succeeding fiscal measurable indicators, using the results of imum— years. Of the amounts appropriated under the assessment conducted under section 206, (I) the core academic subjects of mathe- the preceding sentence for a fiscal year, the to be used to assess the particular programs matics, science, and reading or language Director shall obligate not less than 25 per- or initiatives, and ongoing progress and per- arts; cent to carry out such purpose with respect formance, of the regional entities, in order (II) English language acquisition; and to rural areas (including schools funded by to ensure that the educational needs of the (III) education technology; and the Bureau which are located in rural areas). region are being met and that the latest and (iii) the facilitation of communication be- (c) AVAILABILITY.—Amounts made avail- best research and proven practices are being tween education experts, school officials, able under this section shall remain avail- carried out as part of school improvement ef- teachers, parents, and librarians, as appro- able until expended. forts. priate; and TITLE II—EDUCATIONAL TECHNICAL (c) APPLICATION.— (B) disseminating and providing informa- ASSISTANCE (1) SUBMISSION.—Each local entity, or con- tion, reports, and publications that are usa- SEC. 201. SHORT TITLE. sortium of such entities, seeking a grant ble for improving academic achievement, This title may be cited as the ‘‘Edu- under this section shall submit an applica- closing achievement gaps, and encouraging cational Technical Assistance Act of 2002’’. tion at such time, in such manner, and con- and sustaining school improvement (as de- SEC. 202. DEFINITIONS. taining such additional information as the scribed in section 1116(b) of the Elementary In this title: Secretary may reasonably require. and Secondary Education Act of 1965 (20

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U.S.C. 6316(b))), to schools, educators, par- (1) A summary of the comprehensive cen- (4) SPECIAL RULE.— ents, and policymakers within the region in ter’s activities during the preceding year (A) TOTAL NUMBER.—The total number of which the center is located; and (2) A listing of the States, local edu- members on each committee who are se- (C) developing teacher and school leader cational agencies, and schools the com- lected under subparagraphs (A), (C), and (D) inservice and preservice training models prehensive center assisted during the pre- of paragraph (2), collectively, shall exceed that illustrate best practices in the use of ceding year. the total number of members who are se- technology in different content areas. SEC. 204. EVALUATIONS. lected under paragraph (1)(C) and subpara- (2) COORDINATION AND COLLABORATION.— The Secretary shall provide for ongoing graphs (B), (E), and (F) of paragraph (2), col- Each comprehensive center established independent evaluations by the National lectively. under this section shall coordinate its activi- Center for Education Evaluation and Re- (B) DISSOLUTION.—Each regional advisory ties, collaborate, and regularly exchange in- gional Assistance of the comprehensive cen- committee shall be dissolved by the Sec- formation with the regional educational lab- ters receiving assistance under this title, the retary after submission of such committee’s oratory in the region in which the center is results of which shall be transmitted to the report described in subsection (c)(2) to the located, the National Center for Education appropriate congressional committees and Secretary, but each such committee may be Evaluation and Regional Assistance, the Of- the Director of the Institute of Education reconvened at the discretion of the Sec- fice of the Secretary, the State service agen- Sciences. Such evaluations shall include an retary. cy, and other technical assistance providers analysis of the services provided under this (c) DUTIES.—Each regional advisory com- in the region. title, the extent to which each of the committee shall advise the Secretary on the fol- (g) COMPREHENSIVE CENTER ADVISORY prehensive centers meets the objectives of lowing: BOARD.— its respective plan, and whether such serv- (1) An educational needs assessment of its (1) ESTABLISHMENT.—Each comprehensive ices meet the educational needs of State edu- region (using the results of the assessment center established under this section shall cational agencies, local educational agen- conducted under subsection (d)), in order to have an advisory board that shall support cies, and schools in the region. assist in making decisions regarding the re- the priorities of such center. SEC. 205. EXISTING TECHNICAL ASSISTANCE gional educational priorities. (2) DUTIES.—Each advisory board estab- PROVIDERS. (2) Not later than 6 months after the com- lished under paragraph (1) shall advise the The Secretary shall continue awards for mittee is first convened, a report based on comprehensive center— the support of the Eisenhower Regional the assessment conducted under subsection (A) concerning the activities described in Mathematics and Science Education Con- (d). subsection (d); sortia established under part M of the Edu- (d) REGIONAL ASSESSMENTS.—Each regional (B) on strategies for monitoring and ad- cational Research, Development, Dissemina- advisory committee shall— dressing the educational needs of the region, tion, and Improvement Act of 1994 (as such (1) assess the educational needs within the on an ongoing basis; part existed on the day before the date of en- region to be served; (C) on maintaining a high standard of qual- actment of this Act), the Regional Tech- (2) in conducting the assessment under ity in the performance of the center’s activi- nology in Education Consortia under section paragraph (1), seek input from chief execu- ties; and 3141 of the Elementary and Secondary Edu- tive officers of States, chief State school of- (D) on carrying out the center’s duties in a cation Act of 1965 (as such section existed on ficers, educators, and parents (including manner that promotes progress toward im- the day before the date of enactment of the through a process of open hearings to solicit proving student academic achievement. No Child Left Behind Act of 2001 (Public Law the views and needs of schools (including public charter schools), teachers, adminis- (3) COMPOSITION.— 107–110)), and the Comprehensive Regional trators, members of the regional educational (A) IN GENERAL.—Each advisory board shall Assistance Centers established under part K be composed of— of the Educational Research, Development, laboratory governing board, parents, local (i) the chief State school officers, or such Dissemination, and Improvement Act of 1994 educational agencies, librarians, businesses, officers’ designees or other State officials, in (as such part existed on the day before the State educational agencies, and other cus- each State served by the comprehensive cen- date of enactment of this Act), in accordance tomers (such as adult education programs) ter who have primary responsibility under with the terms of such awards, until the within the region) regarding the need for the State law for elementary and secondary edu- comprehensive centers authorized under sec- activities described in section 174 of the Edu- cation in the State; and tion 203 are established. cation Sciences Reform Act of 2002 and section 203 of this title and how those needs (ii) not more than 15 other members who SEC. 206. REGIONAL ADVISORY COMMITTEES. would be most effectively addressed; and are representative of the educational inter- (a) ESTABLISHMENT.—Beginning in 2004, the (3) submit the assessment to the Secretary ests in the region served by the comprehen- Secretary shall establish a regional advisory and to the Director of the Academy of Edu- sive center and are selected jointly by the of- committee for each region described in sec- cation Sciences, at such time, in such man- ficials specified in clause (i) and the chief ex- tion 174(b) of the Education Sciences Reform ner, and containing such information as the ecutive officer of each State served by the Act of 2002. Secretary may require. comprehensive center, including the fol- (b) MEMBERSHIP.— SEC. 207. PRIORITIES. lowing: (1) COMPOSITION.—The membership of each The Secretary shall establish priorities for (I) Representatives of local educational regional advisory committee shall— the regional educational laboratories (estab- agencies and regional educational agencies, (A) not exceed 25 members; lished under section 174 of the Education including representatives of local edu- (B) contain a balanced representation of Sciences Reform Act of 2002) and comprehen- cational agencies serving urban and rural States in the region; and sive centers (established under section 203 of areas. (C) include not more than one representa- this title) to address, taking onto account (II) Representatives of institutions of high- tive of each State educational agency geo- the regional assessments conducted under er education. graphically located in the region. section 206 and other relevant regional sur- (III) Parents. (2) ELIGIBILITY.—The membership of each veys of educational needs, to the extent the (IV) Practicing educators, including class- regional advisory committee may include Secretary deems appropriate. room teachers, principals, and administra- the following: tors. SEC. 208. GRANT PROGRAM FOR STATEWIDE, (A) Representatives of local educational LONGITUDINAL DATA SYSTEMS. (V) Representatives of business. agencies, including rural and urban local (a) GRANTS AUTHORIZED.—The Secretary is (VI) Policymakers, expert practitioners, educational agencies. authorized to award grants, on a competitive and researchers with knowledge of, and expe- (B) Representatives of institutions of high- basis, to State educational agencies to en- rience using, the results of research, evalua- er education, including individuals rep- able such agencies to design, develop, and tion, and statistics. resenting university-based education re- implement statewide, longitudinal data sys- PECIAL RULE.—In the case of a State in (B) S search and university-based research on sub- tems to efficiently and accurately manage, which the chief executive officer has the pri- jects other than education. analyze, disaggregate, and use individual mary responsibility under State law for ele- (C) Parents. student data, consistent with the Elemen- mentary and secondary education in the (D) Practicing educators, including class- tary and Secondary Education Act of 1965 (20 State, the chief executive officer shall con- room teachers, principals, administrators, U.S.C. 6301 et seq.). sult, to the extent permitted by State law, school board members, and other local (b) APPLICATIONS.—Each State educational with the State educational agency in select- school officials. agency desiring a grant under this section ing additional members of the board under (E) Representatives of business. shall submit an application to the Secretary subparagraph (A)(i). (F) Researchers. at such time, in such manner, and accom- (h) REPORT TO SECRETARY.—Each com- (3) RECOMMENDATIONS.—In choosing indi- panied by such information as the Secretary prehensive center established under this sec- viduals for membership on a regional advi- may reasonably require. tion shall submit to the Secretary an annual sory committee, the Secretary shall consult (c) AWARDING OF GRANTS.—In awarding report, at such time, in such manner, and with, and solicit recommendations from, the grants under this section, the Secretary containing such information as the Sec- chief executive officers of States, chief State shall use a peer review process that— retary may require, which shall include the school officers, and education stakeholders (1) ensures technical quality (including va- following: within the applicable region. lidity and reliability), promotes linkages

VerDate 0ct 09 2002 03:14 Oct 16, 2002 Jkt 019060 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\CR\FM\A15OC6.078 S15PT1 October 15, 2002 CONGRESSIONAL RECORD — SENATE S10471 across States, and protects student privacy (2) in subsection (a)(2)(A), by striking ‘‘sta- ‘‘(J) plan and execute the initial public re- consistent with section 183; tistical purpose’’ and inserting ‘‘research, lease of National Assessment of Educational (2) promotes the generation and accurate statistics, or evaluation purpose under this Progress reports. and timely use of data that is needed— title’’; The National Assessment of Educational (A) for States and local educational agen- (3) by striking subsection (b)(1) and insert- Progress data shall not be released prior to cies to comply with the Elementary and Sec- ing the following: the release of the reports described in sub- ondary Education Act of 1965 (20 U.S.C. 6301 ‘‘(1) IN GENERAL.— paragraph (J).’’; et seq.) and other reporting requirements ‘‘(A) DISCLOSURE.—No Federal department, (B) in paragraph (5), by striking ‘‘and the and close achievement gaps; and bureau, agency, officer, or employee and no Advisory Council on Education Statistics’’; (B) to facilitate research to improve stu- recipient of a Federal grant, contract, or co- and dent academic achievement and close operative agreement may, for any reason, re- (C) in paragraph (6), by striking ‘‘section achievement gaps; and quire the Director, any Commissioner of a 411(e)’’ and inserting ‘‘section 303(e)’’; and (3) gives priority to applications that meet National Education Center, or any other em- (6) by transferring and redesignating the the voluntary standards and guidelines de- ployee of the Institute to disclose individ- section as section 302 (following section 301) scribed in section 153(a)(5). ually identifiable information that has been of title III of this Act. (d) SUPPLEMENT NOT SUPPLANT.—Funds collected or retained under this title. (d) NATIONAL ASSESSMENT OF EDUCATIONAL made available under this section shall be ‘‘(B) IMMUNITY.—Individually identifiable PROGRESS.—Section 411 of the National Edu- used to supplement, and not supplant, other information collected or retained under this cation Statistics Act of 1994 (20 U.S.C. 9010) State or local funds used for developing title shall be immune from legal process and is amended— State data systems. shall not, without the consent of the indi- (1) by striking ‘‘Commissioner’’ each place (e) REPORT.—Not later than 1 year after vidual concerned, be admitted as evidence or such term appears and inserting ‘‘Commis- the date of enactment of the Educational used for any purpose in any action, suit, or sioner for Education Statistics’’; Technical Assistance Act of 2002, and again 3 other judicial or administrative proceeding. (2) by striking ‘‘National Assessment Gov- erning Board’’ and ‘‘National Board’’ each years after such date of enactment, the Sec- ‘‘(C) APPLICATION.—This paragraph does retary, in consultation with the National not apply to requests for individually identi- place either such term appears and inserting Academies Committee on National Statis- fiable information submitted by or on behalf ‘‘Assessment Board’’; (3) in subsection (a)— tics, shall make publicly available a report of the individual identified in the informa- (A) by striking ‘‘section 412’’ and inserting on the implementation and effectiveness of tion.’’; ‘‘section 302’’; and Federal, State, and local efforts related to (4) in paragraphs (2) and (6) of subsection (B) by striking ‘‘and with the technical as- the goals of this section, including— (b), by striking ‘‘subsection (a)(2)’’ each sistance of the Advisory Council established (1) identifying and analyzing State prac- place such term appears and inserting ‘‘sub- under section 407,’’; tices regarding the development and use of section (c)(2)’’; (4) in subsection (b)— statewide, longitudinal data systems; (5) in paragraphs (3) and (7) of subsection (A) in paragraph (1), by inserting ‘‘of’’ after (2) evaluating the ability of such systems (b), by striking ‘‘Center’s’’ each place such ‘‘academic achievement and reporting’’; to manage individual student data con- term appears and inserting ‘‘Director’s’’; and sistent with the Elementary and Secondary (B) in paragraph (3)(A)— (6) by striking the section heading and (i) in clause (i), by striking ‘‘paragraphs Education Act of 1965 (20 U.S.C. 6301 et seq.), transferring all the subsections (including promote linkages across States, and protect (1)(B) and (1)(E)’’ and inserting ‘‘paragraphs subsections (a) through (c)) and redesig- (2)(B) and (2)(E)’’; student privacy consistent with section 183; nating such subsections as subsections (c) and (ii) in clause (ii), by striking ‘‘paragraph through (e), respectively, at the end of sec- (1)(C)’’ and inserting ‘‘paragraph (2)(C)’’; and (3) identifying best practices and areas for tion 183 of this Act. improvement. (iii) in clause (iii), by striking ‘‘paragraph (b) CONFORMING AMENDMENT.—Sections 302 (1)(D)’’ and inserting ‘‘paragraph (2)(D)’’; and SEC. 209. AUTHORIZATION OF APPROPRIATIONS. and 303 of this Act are redesignated as sec- There are authorized to be appropriated to (C) in paragraph (5), by striking ‘‘(c)(2)’’ tions 304 and 305, respectively. carry out this title $80,000,000 for fiscal year and inserting ‘‘(c)(3)’’; 2003 and such sums as may be necessary for (c) NATIONAL ASSESSMENT GOVERNING (5) in subsection (c)(2)(D), by striking ‘‘sub- each of the 5 succeeding fiscal years. BOARD.—Section 412 of the National Edu- paragraph (B)’’ and inserting ‘‘subparagraph cation Statistics Act of 1994 (20 U.S.C. 9011) (C)’’; TITLE III—NATIONAL ASSESSMENT OF is amended— (6) in subsection (e)(4), by striking ‘‘sub- EDUCATIONAL PROGRESS (1) in subsection (a)— paragraph (2)(C)’’ and inserting ‘‘paragraph SEC. 301. SHORT TITLE. (A) by striking ‘‘referred to as the ‘Board’’’ (2)(C) of such subsection’’; This title may be referred to as the ‘‘Na- and inserting ‘‘referred to as the ‘Assessment (7) in subsection (f)(1)(B)(iv), by striking tional Assessment of Educational Progress Board’’’; and ‘‘section 412(e)(4)’’ and inserting ‘‘section Authorization Act’’. (B) by inserting ‘‘(carried out under sec- 302(e)(4)’’; and SEC. 302. DEFINITIONS. tion 303)’’ after ‘‘for the National Assess- (8) by transferring and redesignating the In this title: ment’’; section as section 303 (following section 302) (1) The term ‘‘Director’’ means the Direc- (2) by striking ‘‘Board’’ each place such of title III of this Act. tor of the Institute of Education Sciences. term appears (other than in subsection (a)) (e) TABLE OF CONTENTS AMENDMENT.—The (2) The term ‘‘State’’ means each of the 50 and inserting ‘‘Assessment Board’’; items relating to title III in the table of con- States, the District of Columbia, and the (3) by striking ‘‘Commissioner’’ each place tents of this Act, as amended by section 401 Commonwealth of Puerto Rico. such term appears and inserting ‘‘Commis- of this Act, are amended to read as follows: SEC. 303. AUTHORIZATION OF APPROPRIATIONS. sioner for Education Statistics’’; ‘‘TITLE III—NATIONAL ASSESSMENT OF (a) IN GENERAL.—There are authorized to (4) in subsection (b)(2)— EDUCATIONAL PROGRESS be appropriated— (A) by striking ‘‘ASSISTANT SECRETARY FOR (1) for fiscal year 2003— ‘‘Sec. 301. Short title. EDUCATIONAL RESEARCH’’ in the heading and ‘‘Sec. 302. National Assessment Governing (A) $4,600,000 to carry out section 302, as inserting ‘‘DIRECTOR OF THE INSTITUTE OF amended by section 401 of this Act (relating Board. EDUCATION SCIENCES’’; and ‘‘Sec. 303. National Assessment of Edu- to the National Assessment Governing (B) by striking ‘‘Assistant Secretary for cational Progress. Board); and Educational Research and Improvement’’ ‘‘Sec. 304. Definitions. (B) $107,500,000 to carry out section 303, as and inserting ‘‘Director of the Institute of ‘‘Sec. 305. Authorization of appropriations.’’. amended by section 401 of this Act (relating Education Sciences’’; SEC. 402. AMENDMENTS TO DEPARTMENT OF to the National Assessment of Educational (5) in subsection (e)— EDUCATION ORGANIZATION ACT. Progress); and (A) in paragraph (1)— The Department of Education Organization (2) such sums as may be necessary for each (i) in subparagraph (A), by striking ‘‘sec- Act (20 U.S.C. 3401 et seq.) is amended— of the 5 succeeding fiscal years to carry out tion 411(b)’’ and inserting ‘‘section 303(b)’’; (1) by striking section 202(b)(4) and insert- sections 302 and 303, as amended by section (ii) in subparagraph (B), by striking ‘‘sec- ing the following: 401 of this Act. tion 411(e)’’ and inserting ‘‘section 303(e)’’; ‘‘(4) There shall be in the Department a Di- (b) AVAILABILITY.—Amounts made avail- (iii) in subparagraph (E), by striking ‘‘, in- rector of the Institute of Education Sciences able under this section shall remain avail- cluding the Advisory Council established who shall be appointed in accordance with able until expended. under section 407’’; section 114(a) of the Education Sciences Re- TITLE IV—AMENDATORY PROVISIONS (iv) in subparagraphs (F) and (I), by strik- form Act of 2002 and perform the duties de- SEC. 401. REDESIGNATIONS. ing ‘‘section 411’’ each place such term ap- scribed in that Act.’’; (a) CONFIDENTIALITY.—Section 408 of the pears and inserting ‘‘section 303’’; (2) by striking section 208 and inserting the National Education Statistics Act of 1994 (20 (v) in subparagraph (H), by striking ‘‘and’’ following: U.S.C. 9007) is amended— after the semicolon; ‘‘INSTITUTE OF EDUCATION SCIENCES (1) by striking ‘‘center’’, ‘‘Center’’, and (vi) in subparagraph (I), by striking the pe- ‘‘SEC. 208. There shall be in the Depart- ‘‘Commissioner’’ each place any such term riod at the end and inserting ‘‘; and’’; and ment of Education the Institute of Edu- appears and inserting ‘‘Director’’; (vii) by inserting at the end the following: cation Sciences, which shall be administered

VerDate 0ct 09 2002 03:14 Oct 16, 2002 Jkt 019060 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\CR\FM\A15OC6.079 S15PT1 S10472 CONGRESSIONAL RECORD — SENATE October 15, 2002 in accordance with the Education Sciences (7) Section 5613 (20 U.S.C. 7283b) is amend- UNANIMOUS CONSENT Reform Act of 2002 by the Director appointed ed— AGREEMENT—H.R. 3295 under section 114(a) of that Act.’’; and (A) in subsection (a)(5), by striking ‘‘As- (3) by striking the item relating to section sistant Secretary of the Office of Edu- Mr. DASCHLE. Mr. President, I ask 208 in the table of contents in section 1 and cational Research and Improvement’’ and in- unanimous consent that with respect inserting the following: serting ‘‘Director of the Institute of Edu- to H.R. 3295, the Senate recede from its ‘‘Sec. 208. Institute of Education Sciences.’’. cation Sciences’’; and remaining amendment. SEC. 403. REPEALS. (B) in subsection (b)(2)(B), by striking ‘‘re- The PRESIDING OFFICER. Without The following provisions of law are research institutes of the Office of Educational objection, it is so ordered. Research and Improvement’’ and inserting pealed: f (1) The National Education Statistics Act ‘‘National Education Centers of the Institute of 1994 (20 U.S.C. 9001 et seq.). of Education Sciences’’. FEED AMERICA THURSDAY (2) Parts A through E and K through N of (8) Sections 5615(d)(1) and 7131(c)(1) (20 Mr. DASCHLE. Mr. President, I ask the Educational Research, Development, Dis- U.S.C. 7283d(d)(1), 7451(c)(1)) are each amend- unanimous consent that the Senate ed by striking ‘‘by the Office’’ and inserting semination, and Improvement Act of 1994 proceed to the immediate consider- (title IX of the Goals 2000: Educate America ‘‘by the Institute’’. (9) Section 9529(b) is amended by striking ation of S. Res. 341, which was sub- Act) (20 U.S.C. 6001 et seq.). mitted earlier today by Senators (3) Section 401(b)(2) of the Department of ‘‘section 404(a)(6) of the National Education Education Organization Act (20 U.S.C. Statistics Act of 1994’’ and inserting ‘‘section HATCH, REID, and others. 3461(b)(2)). 153(a)(5) of the Education Sciences Reform The PRESIDING OFFICER. The Act of 2002’’. SEC. 404. CONFORMING AND TECHNICAL AMEND- clerk will report the title of the resolu- MENTS. (e) SCHOOL-TO-WORK OPPORTUNITIES ACT OF tion. (a) GOALS 2000: EDUCATE AMERICA ACT.— 1994.—Section 404 of the School-to-Work Op- The legislative clerk read as follows: The table of contents in section 1(b) of the portunities Act of 1994 (20 U.S.C. 6194) is A resolution (S. Res. 341) designating Goals 2000: Educate America Act (20 U.S.C. amended by inserting ‘‘(as such Act existed Thursday, November 21, 2002, as ‘‘Feed Amer- 5801 note) is amended by striking the items on the day before the date of enactment of ica Thursday.’’ relating to parts A through E of title IX (in- the Education Sciences Reform Act of 2002)’’ There being no objection, the Senate cluding the items relating to sections within after ‘‘Act of 1994’’. proceeded to consider the resolution. those parts). SEC. 405. ORDERLY TRANSITION. Mr. DASCHLE. I ask unanimous con- (b) TITLE 5, UNITED STATES CODE.—Section 5315 of title 5, United States Code, is amend- The Secretary of Education shall take such sent that the resolution and preamble ed by striking the following: steps as are necessary to provide for the or- be agreed to; that the motion to recon- ‘‘Commissioner, National Center for Edu- derly transition to, and implementation of, sider be laid upon the table; and that cation Statistics.’’. the offices, boards, committees, and centers any statements relating thereto be (c) GENERAL EDUCATION PROVISIONS ACT.— (and their various functions and responsibil- printed in the RECORD. Section 447(b) of the General Education Pro- ities) established or authorized by this Act, The PRESIDING OFFICER. Without visions Act (20 U.S.C. 1232j(b)) is amended by and by the amendments made by this Act, objection, it is so ordered. striking ‘‘section 404(a)(6) of the National from those established or authorized by the The resolution (S. Res. 341) was Education Statistics Act of 1994 (20 U.S.C. Educational Research, Development, Dis- agreed to. 9003(a)(6))’’ and inserting ‘‘section 153(a)(6) of semination, and Improvement Act of 1994 (20 The preamble was agreed to. the Education Sciences Reform Act of 2002’’. U.S.C. 6001 et seq.) and the National Edu- The resolution, with its preamble, (d) ELEMENTARY AND SECONDARY EDUCATION cation Statistics Act of 1994 (20 U.S.C. 9001 et ACT OF 1965.—The Elementary and Secondary seq.). reads as follows: Education Act of 1965 (20 U.S.C. 6301 et seq.) S. RES. 341 SEC. 406. IMPACT AID. is amended as follows: Whereas Thanksgiving Day celebrates the (1) Section 1111(c)(2) is amended by strik- (a) PAYMENTS FOR FEDERALLY CONNECTED spirit of selfless giving and an appreciation ing ‘‘section 411(b)(2) of the National Edu- CHILDREN.—Section 8003(b)(2)(C)(i)(II)(bb) of for family and friends; cation Statistics Act of 1994’’ and inserting the Elementary and Secondary Education Whereas the spirit of Thanksgiving Day is ‘‘section 303(b)(2) of the National Assessment Act of 1965 (20 U.S.C. 7703(B)(2)(c)(i)(II)(bb)) is a virtue upon which our Nation was founded; of Educational Progress Authorization Act’’. amended to read as follows: Whereas 33,000,000 Americans, including (2) Section 1112(b)(1)(F) is amended by ‘‘(bb) for a local educational agency that 13,000,000 children, continue to live in house- striking ‘‘section 411(b)(2) of the National has a total student enrollment of less than holds that do not have an adequate supply of Education Statistics Act of 1994’’ and insert- 350 students, has a per-pupil expenditure food; ing ‘‘section 303(b)(2) of the National Assess- that is less than the average per-pupil ex- Whereas almost 3,000,000 of those children ment of Educational Progress Authorization penditure of a comparable local education experience hunger; and Act’’. agency or three comparable local edu- Whereas selfless sacrifice breeds a genuine (3) Section 1117(a)(3) is amended— cational agencies in the State in which the spirit of Thanksgiving, both affirming and (A) by inserting ‘‘(as such section existed local educational agency is located; and’’. restoring fundamental principles in our soci- on the day before the date of enactment of (b) EFFECTIVE DATE.—The amendment ety: Now, therefore, be it the Education Sciences Reform Act of 2002)’’ made by Section 406(a) shall be effective on Resolved, That the Senate after ‘‘Act of 1994’’; and September 30, 2000, and shall apply with re- (1) designates Thursday, November 21, 2002, (B) by inserting ‘‘regional educational lab- spect to fiscal year 2001, and all subsequent as ‘‘Feed America Thursday’’; and (2) requests that the President issue a oratories established under part E of the fiscal years. Education Sciences Reform Act of 2002 and proclamation calling upon the people of the comprehensive centers established under the (c) BONESTEEL-FAIRFAX SCHOOL DISTRICT.— United States to sacrifice 2 meals on Thurs- Educational Technical Assistance Act of 2002 The Secretary of Education shall deem the day, November 21, 2002, and to donate the and’’ after ‘‘assistance from’’. local educational agency serving the money that they would have spent on food to (4) Section 1501(a)(3) is amended by strik- Bonesteel-Fairfax school district, 26-5, in a religious or charitable organization of ing ‘‘section 411 of the National Education Bonesteel, South Dakota, as eligible in fiscal their choice for the purpose of feeding the Statistics Act of 1994’’ and inserting ‘‘section year 2003 for a basic support payment for hungry. heavily impacted local educational agencies 303 of the National Assessment of Edu- f cational Progress Authorization Act’’. under section 8003(b)(2) of the Elementary (5) The following provisions are each and Secondary Education Act of 1965 (20 ROBERT T. STAFFORD DISASTER amended by striking ‘‘Office of Educational U.S.C. 7703(b)(2)). RELIEF AND EMERGENCY AS- Research and Improvement’’ and inserting (d) CENTRAL SCHOOL DISTRICT.—Notwith- SISTANCE ACT ‘‘Institute of Education Sciences’’: standing any other provision of law, the Sec- Mr. DASCHLE. Mr. President, I ask (A) Section 3222(a) (20 U.S.C. 6932(a)). retary of Education shall treat as timely unanimous consent that the Senate (B) Section 3303(1) (20 U.S.C. 7013(1)). filed an application filed by Central School (C) Section 5464(e)(1) (20 U.S.C. 7253c(e)(1)). District, Sequoyah County, Oklahoma, for proceed to the immediate consider- (D) Paragraphs (1) and (2) of section 5615(d) payment for federally connected students for ation of Calendar No. 284, S. 1632. (20 U.S.C. 7283d(d)). fiscal year 2003, pursuant to section 8003 of The PRESIDING OFFICER. The (E) Paragraphs (1) and (2) of section 7131(c) the Elementary and Secondary Education clerk will report the bill by title. (20 U.S.C. 7451(c)). Act of 1965 (20 U.S.C. 7703), and shall process The legislative clerk read as follows: (6) Paragraphs (1) and (2) of section 5464(e) such application for payment, if the Sec- A bill (S. 1632) to amend the Robert T. (20 U.S.C. 7253c(e)) are each amended by retary has received such application not Stafford Disaster Relief and Emergency As- striking ‘‘such Office’’ and inserting ‘‘such later than 30 days after the date of enact- sistance Act to extend the deadline for sub- Institute’’. ment of this Act. mission of State recommendations of local

VerDate 0ct 09 2002 04:14 Oct 16, 2002 Jkt 019060 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\CR\FM\A15OC6.079 S15PT1 October 15, 2002 CONGRESSIONAL RECORD — SENATE S10473 governments to receive assistance for SECTION 1. SHORT TITLE. and treatment of injuries, diseases, and illnesses predisaster hazard mitigation and to author- This Act may be cited as the ‘‘Department of induced by exposures to chemical and biological ize the President to provide additional repair Veterans Affairs Emergency Preparedness Act of substances, radiation, and incendiary or other assistance to individuals and households. 2002’’. explosive weapons or devices. There being no objection, the Senate SEC. 2. ESTABLISHMENT OF MEDICAL EMER- ‘‘(B) An arrangement with a graduate school proceeded to the consideration of the GENCY PREPAREDNESS CENTERS AT specializing in epidemiology under which stu- DEPARTMENT OF VETERANS AF- dents receive education and training in epidemi- bill. FAIRS MEDICAL CENTERS. ology through the participating Department fa- Mr. DASCHLE. I ask unanimous con- (a) IN GENERAL.—(1) Subchapter II of chapter cilities so as to provide such students with train- sent that the bill be read the third 73 of title 38, United States Code, is amended by ing in the epidemiology of contagious and infec- time, passed, the motion to reconsider adding at the end the following new section: tious diseases and chemical and radiation poi- be laid upon the table, and that any ‘‘§ 7325. Medical emergency preparedness cen- soning in an exposed population. statements relating thereto be printed ters ‘‘(C) An arrangement under which nursing, social work, counseling, or allied health per- in the RECORD. ‘‘(a) ESTABLISHMENT OF CENTERS.—(1) The sonnel and students receive training and edu- The PRESIDING OFFICER. Without Secretary shall establish four medical emergency cation in recognizing and caring for conditions objection, it is so ordered. preparedness centers in accordance with this associated with exposures to toxins through the Mr. DASCHLE. I congratulate the section. Each such center shall be established at participating Department facilities. Chair on the passage of his bill. a Department medical center and shall be ‘‘(D) The ability to attract scientists who have The bill (S. 1632) was read the third staffed by Department employees. made significant contributions to the develop- ‘‘(2) The Under Secretary for Health shall be ment of innovative approaches to the detection, time and passed, as follows: responsible for supervising the operation of the Be it enacted by the Senate and House of Rep- diagnosis, prevention, or treatment of injuries, centers established under this section. The resentatives of the United States of America in diseases, and illnesses arising from the use of Under Secretary shall provide for ongoing eval- Congress assembled, chemical, biological, radiological, incendiary or uation of the centers and their compliance with SECTION 1. DEADLINE FOR SUBMISSION OF other explosive weapons or devices posing the requirements of this section. threats to the public health and safety. STATE RECOMMENDATIONS FOR ‘‘(3) The Under Secretary shall carry out the PREDISASTER HAZARD MITIGATION. ‘‘(3) For purposes of paragraph (2)(A)— Under Secretary’s functions under paragraph Section 203(d)(1)(B) of the Robert T. Staf- ‘‘(A) a qualifying medical school is an accred- (2) in consultation with the Assistant Secretary ford Disaster Relief and Emergency Assist- ited medical school that provides education and of Veterans Affairs with responsibility for oper- ance Act (42 U.S.C. 5133(d)(1)(B)) is amended training in toxicology and environmental health ations, preparedness, security, and law enforce- by striking ‘‘not later than’’ and all that fol- hazards and with which one or more of the par- ment functions. lows and inserting the following: ‘‘not later ticipating Department medical centers is affili- ‘‘(b) MISSION.—The mission of the centers ated; and than— shall be as follows: ‘‘(i) in the case of fiscal year 2002, 60 days ‘‘(B) a qualifying school of public health is an ‘‘(1) To carry out research on, and to develop accredited school of public health that provides after the date on which funds are made avail- methods of detection, diagnosis, prevention, and able to carry out the program established education and training in toxicology and envi- treatment of injuries, diseases, and illnesses ronmental health hazards and with which one under this section; and arising from the use of chemical, biological, ra- ‘‘(ii) in the case of each fiscal year there- or more of the participating Department medical diological, incendiary or other explosive weap- centers is affiliated. after, October 1 or such later date as the ons or devices posing threats to the public President may determine.’’. ‘‘(d) RESEARCH ACTIVITIES.—Each center shall health and safety. conduct research on improved medical prepared- SEC. 2. ADDITIONAL REPAIR ASSISTANCE FOR IN- ‘‘(2) To provide education, training, and ad- ness to protect the Nation from threats in the DIVIDUALS AND HOUSEHOLDS. vice to health care professionals, including area of that center’s expertise. Each center may Section 408(c)(2) of the Robert T. Stafford health care professionals outside the Veterans seek research funds from public and private Disaster Relief and Emergency Assistance Health Administration, through the National sources for such purpose. Act (42 U.S.C. 5174(c)(2)) is amended by strik- Disaster Medical System established pursuant to ‘‘(e) DISSEMINATION OF RESEARCH PROD- ing subparagraphs (B) and (C) and inserting section 2811(b) of the Public Health Service Act UCTS.—(1) The Under Secretary for Health and the following: (42 U.S.C. 300hh–11(b)) or through interagency the Assistant Secretary with responsibility for ‘‘(B) INITIAL ASSISTANCE.— agreements entered into by the Secretary for operations, preparedness, security, and law en- ‘‘(i) RELATIONSHIP TO OTHER ASSISTANCE.—A that purpose. forcement functions shall ensure that informa- recipient of initial assistance described in ‘‘(3) In the event of a disaster or emergency tion produced by the research, education and subparagraph (A) shall not be required to referred to in section 1785(b) of this title, to pro- training, and clinical activities of centers estab- show that the need for the initial assistance vide such laboratory, epidemiological, medical, lished under this section is made available, as cannot be met through other means, except or other assistance as the Secretary considers appropriate, to health-care providers in the that a recipient shall be required to show appropriate to Federal, State, and local health United States. Dissemination of such informa- that the need cannot be met through insur- care agencies and personnel involved in or re- tion shall be made through publications, ance proceeds. sponding to the disaster or emergency. through programs of continuing medical and re- ‘‘(ii) MAXIMUM AMOUNT OF INITIAL ASSIST- ‘‘(c) SELECTION OF CENTERS.—(1) The Sec- lated education provided through regional med- ANCE.—The amount of initial assistance pro- retary shall select the sites for the centers on the ical education centers under subchapter VI of vided to a household under this subpara- basis of a competitive selection process. The Sec- chapter 74 of this title, and through other graph shall not exceed $5,000, as adjusted an- retary may not designate a site as a location for means. Such programs of continuing medical nually to reflect changes in the Consumer a center under this section unless the Secretary education shall receive priority in the award of Price Index for All Urban Consumers pub- makes a finding under paragraph (2) with re- funding. lished by the Department of Labor. spect to the proposal for the designation of such ‘‘(2) The Secretary shall ensure that the work ‘‘(C) ADDITIONAL ASSISTANCE.—Subject to site. To the maximum extent practicable, the of the centers is conducted in close coordination subsection (h), the President may provide ad- Secretary shall ensure the geographic dispersal with other Federal departments and agencies ditional repair assistance to an individual or of the sites throughout the United States. Any and that research products or other information household that is unable to complete the re- such center may be a consortium of efforts of of the centers shall be coordinated and shared pairs described in subparagraph (A)(i) more than one medical center. with other Federal departments and agencies. through use of insurance proceeds, loans, or ‘‘(2) A finding by the Secretary referred to in ‘‘(f) COORDINATION OF ACTIVITIES.—The Sec- other means, including assistance from the paragraph (1) with respect to a proposal for des- retary shall take appropriate actions to ensure Small Business Administration.’’. ignation of a site as a location of a center under that the work of each center is carried out— f this section is a finding by the Secretary, upon ‘‘(1) in close coordination with the Depart- the recommendations of the Under Secretary for ment of Defense, the Department of Health and DEPARTMENT OF VETERANS AF- Health and the Assistant Secretary with respon- Human Services, and other departments, agen- FAIRS EMERGENCY PREPARED- sibility for operations, preparedness, security, cies, and elements of the Government charged NESS ACT OF 2002 and law enforcement functions, that the facility with coordination of plans for United States Mr. DASCHLE. Mr. President, I ask or facilities submitting the proposal have devel- homeland security; and that the Chair lay before the Senate a oped (or may reasonably be anticipated to de- ‘‘(2) after taking into consideration applicable velop) each of the following: recommendations of the working group on the message from the House on H.R. 3253. ‘‘(A) An arrangement with a qualifying med- prevention, preparedness, and response to bio- The Presiding Officer laid before the ical school and a qualifying school of public terrorism and other public health emergencies Senate the following message from the health (or a consortium of such schools) under established under section 319F(a) of the Public House of Representatives: which physicians and other persons in the Health Service Act (42 U.S.C. 247d–6(a)) or any House amendment to Senate amendments: health field receive education and training other joint interagency advisory group or com- In lieu of the matter proposed to be in- through the participating Department medical mittee designated by the President or the Presi- serted by the amendment of the Senate to facilities so as to provide those persons with dent’s designee to coordinate Federal research the text of the bill, insert the following: training in the detection, diagnosis, prevention, on weapons of mass destruction.

VerDate 0ct 09 2002 03:14 Oct 16, 2002 Jkt 019060 PO 00000 Frm 00073 Fmt 4624 Sfmt 6333 E:\CR\FM\G15OC6.084 S15PT1 S10474 CONGRESSIONAL RECORD — SENATE October 15, 2002

‘‘(g) ASSISTANCE TO OTHER AGENCIES.—The ‘‘§ 7326. Education and training programs on ‘‘(b) COVERED DISASTERS AND EMERGENCIES.— Secretary may provide assistance requested by medical response to consequences of ter- A disaster or emergency referred to in this sub- appropriate Federal, State, and local civil and rorist activities section is any disaster or emergency as follows: criminal authorities in investigations, inquiries, ‘‘(1) A major disaster or emergency declared ‘‘(a) EDUCATION PROGRAM.—The Secretary and data analyses as necessary to protect the shall carry out a program to develop and dis- by the President under the Robert B. Stafford public safety and prevent or obviate biological, seminate a series of model education and train- Disaster Relief and Emergency Assistance Act chemical, or radiological threats. ing programs on the medical responses to the (42 U.S.C. 5121 et seq.). ‘‘(h) DETAIL OF EMPLOYEES FROM OTHER consequences of terrorist activities. ‘‘(2) A disaster or emergency in which the Na- AGENCIES.—Upon approval by the Secretary, the ‘‘(b) IMPLEMENTING OFFICIAL.—The program tional Disaster Medical System established pur- Director of a center may request the temporary shall be carried out through the Under Sec- suant to section 2811(b) of the Public Health assignment or detail to the center, on a non- retary for Health, in consultation with the As- Service Act (42 U.S.C. 300hh–11(b)) is activated reimbursable basis, of employees from other de- sistant Secretary of Veterans Affairs with re- by the Secretary of Health and Human Services partments and agencies of the United States sponsibility for operations, preparedness, secu- under paragraph (3)(A) of that section or as who have expertise that would further the mis- rity, and law enforcement functions. otherwise authorized by law. sion of the center. Any such employee may be so ‘‘(c) CONTENT OF PROGRAMS.—The education ‘‘(c) APPLICABILITY TO ELIGIBLE INDIVIDUALS assigned or detailed on a nonreimbursable basis and training programs developed under the pro- WHO ARE VETERANS.—The Secretary may fur- pursuant to such a request. gram shall be modelled after programs estab- nish care and services under this section to an ‘‘(i) FUNDING.—(1) Amounts appropriated for lished at the F. Edward Hebe´rt School of Medi- individual described in subsection (a) who is a the activities of the centers under this section cine of the Uniformed Services University of the veteran without regard to whether that indi- shall be appropriated separately from amounts Health Sciences and shall include, at a min- vidual is enrolled in the system of patient en- appropriated for the Department for medical imum, training for health care professionals in rollment under section 1705 of this title. care. the following: ‘‘(d) REIMBURSEMENT FROM OTHER FEDERAL ‘‘(2) In addition to funds appropriated for a ‘‘(1) Recognition of chemical, biological, radi- DEPARTMENTS AND AGENCIES.—(1) The cost of fiscal year specifically for the activities of the ological, incendiary, or other explosive agents, any care or services furnished under this section centers pursuant to paragraph (1), the Under weapons, or devices that may be used in ter- to an officer or employee of a department or Secretary for Health shall allocate to such cen- rorist activities. agency of the United States other than the De- ters from other funds appropriated for that fis- ‘‘(2) Identification of the potential symptoms partment or to a member of the Armed Forces cal year generally for the Department medical of exposure to those agents. shall be reimbursed at such rates as may be care account and the Department medical and ‘‘(3) Understanding of the potential long-term agreed upon by the Secretary and the head of prosthetics research account such amounts as health consequences, including psychological ef- such department or agency or the Secretary con- the Under Secretary determines appropriate to fects, resulting from exposure to those agents, cerned, in the case of a member of the Armed carry out the purposes of this section. Any de- weapons, or devices. Forces, based on the cost of the care or service termination by the Under Secretary under the ‘‘(4) Emergency treatment for exposure to furnished. preceding sentence shall be made in consulta- those agents, weapons, or devices. ‘‘(2) Amounts received by the Department tion with the Assistant Secretary with responsi- ‘‘(5) An appropriate course of followup treat- under this subsection shall be credited to the bility for operations, preparedness, security, and ment, supportive care, and referral. Medical Care Collections Fund under section law enforcement functions. ‘‘(6) Actions that can be taken while pro- 1729A of this title. ‘‘(3) There are authorized to be appropriated viding care for exposure to those agents, weap- ‘‘(e) REPORT TO CONGRESSIONAL COMMIT- for the centers under this section $20,000,000 for ons, or devices to protect against contamination, TEES.—Within 60 days of the commencement of each of fiscal years 2003 through 2007.’’. injury, or other hazards from such exposure. a disaster or emergency referred to in subsection (2) The table of sections at the beginning of ‘‘(7) Information on how to seek consultative (b) in which the Secretary furnishes care and such chapter is amended by inserting after the support and to report suspected or actual use of services under this section (or as soon thereafter item relating to section 7324 the following new those agents. as is practicable), the Secretary shall submit to item: ‘‘(d) POTENTIAL TRAINEES.—In designing the the Committees on Veterans’ Affairs of the Sen- ‘‘7325. Medical emergency preparedness cen- education and training programs under this sec- ate and the House of Representatives a report ters.’’. tion, the Secretary shall ensure that different on the Secretary’s allocation of facilities and (b) PEER REVIEW FOR DESIGNATION OF CEN- programs are designed for health-care profes- personnel in order to furnish such care and TERS.—(1) In order to assist the Secretary of sionals in Department medical centers. The pro- services. Veterans Affairs and the Under Secretary of grams shall be designed to be disseminated to ‘‘(f) REGULATIONS.—The Secretary shall pre- Veterans Affairs for Health in selecting sites for health professions students, graduate health scribe regulations governing the exercise of the centers under section 7325 of title 38, United and medical education trainees, and health authority of the Secretary under this section.’’. States Code, as added by subsection (a), the practitioners in a variety of fields. (2) The table of sections at the beginning of Under Secretary shall establish a peer review ‘‘(e) CONSULTATION.—In establishing edu- that chapter is amended by adding at the end panel to assess the scientific and clinical merit cation and training programs under this section, the following new item: of proposals that are submitted to the Secretary the Secretary shall consult with appropriate ‘‘1785. Care and services during certain disasters for the designation of such centers. The peer re- representatives of accrediting, certifying, and and emergencies.’’. view panel shall be established in consultation coordinating organizations in the field of health (b) MEMBERS OF THE ARMED FORCES ON AC- with the Assistant Secretary of Veterans Affairs professions education.’’. TIVE DUTY.—Section 8111A(a) of such title is with responsibility for operations, preparedness, (2) The table of sections at the beginning of amended— security, and law enforcement functions. such chapter is amended by inserting after the (2) The peer review panel shall include experts item relating to section 7325, as added by section (1) by redesignating paragraph (2) as para- in the fields of toxicological research, infectious 2(a)(2), the following new item: graph (4); diseases, radiology, clinical care of patients ex- (2) by designating the second sentence of ‘‘7326. Education and training programs on paragraph (1) as paragraph (3); and posed to such hazards, and other persons as de- medical response to consequences (3) by inserting between paragraph (1) and termined appropriate by the Secretary. Members of terrorist activities.’’. paragraph (3), as designated by paragraph (2) of the panel shall serve as consultants to the (b) EFFECTIVE DATE.—The Secretary of Vet- of this subsection, the following new paragraph: Department of Veterans Affairs. erans Affairs shall implement section 7326 of ‘‘(2)(A) During and immediately following a (3) The panel shall review each proposal sub- title 38, United States Code, as added by sub- disaster or emergency referred to in subpara- mitted to the panel by the officials referred to in section (a), not later than the end of the 90-day graph (B), the Secretary may furnish hospital paragraph (1) and shall submit to the Under period beginning on the date of the enactment care and medical services to members of the Secretary for Health its views on the relative of this Act. scientific and clinical merit of each such pro- Armed Forces on active duty responding to or SEC. 4. AUTHORITY TO FURNISH HEALTH CARE involved in that disaster or emergency. posal. The panel shall specifically determine DURING MAJOR DISASTERS AND with respect to each such proposal whether that MEDICAL EMERGENCIES. ‘‘(B) A disaster or emergency referred to in proposal is among those proposals which have (a) IN GENERAL.—(1) Subchapter VIII of chap- this subparagraph is any disaster or emergency met the highest competitive standards of sci- ter 17 of title 38, United States Code, is amended as follows: entific and clinical merit. by adding at the end the following new section: ‘‘(i) A major disaster or emergency declared by (4) The panel shall not be subject to the Fed- the President under the Robert B. Stafford Dis- ‘‘§ 1785. Care and services during certain disaster Relief and Emergency Assistance Act (42 eral Advisory Committee Act (5 U.S.C. App.). asters and emergencies SEC. 3. EDUCATION AND TRAINING PROGRAMS U.S.C. 5121 et seq.). ON MEDICAL RESPONSES TO CON- ‘‘(a) AUTHORITY TO PROVIDE HOSPITAL CARE ‘‘(ii) A disaster or emergency in which the Na- SEQUENCES OF TERRORIST ACTIVI- AND MEDICAL SERVICES.—During and imme- tional Disaster Medical System established pur- TIES. diately following a disaster or emergency re- suant to section 2811(b) of the Public Health (a) IN GENERAL.—(1) Subchapter II of chapter ferred to in subsection (b), the Secretary may Service Act (42 U.S.C. 300hh–11(b)) is activated 73 of title 38, United States Code, is amended by furnish hospital care and medical services to in- by the Secretary of Health and Human Services adding after section 7325, as added by section dividuals responding to, involved in, or other- under paragraph (3)(A) of that section or as 2(a)(1), the following new section: wise affected by that disaster or emergency. otherwise authorized by law.’’.

VerDate 0ct 09 2002 03:14 Oct 16, 2002 Jkt 019060 PO 00000 Frm 00074 Fmt 4624 Sfmt 6333 E:\CR\FM\A15OC6.073 S15PT1 October 15, 2002 CONGRESSIONAL RECORD — SENATE S10475 SEC. 5. 10-YEAR EXTENSION OF EXPIRED AU- sultation with the accredited medical school af- The pending measure represents a THORITY. filiates of such medical centers, develop and im- compromise agreement on an omnibus Effective September 30, 2002, subsection (d) of plement curricula to train resident physicians bill that would ensure that VA can ca- section 1722A of title 38, United States Code, is and health care personnel in medical matters re- pably fulfill its obligations to veterans, amended by striking ‘‘September 30, 2002’’ and lating to biological, chemical, or radiological at- inserting ‘‘September 30, 2012’’. tacks or attacks from an incendiary or other ex- the military, and the entire Nation SEC. 6. INCREASE IN NUMBER OF ASSISTANT SEC- plosive weapon. during disasters. H.R. 3253 would not RETARIES OF VETERANS AFFAIRS. ‘‘(e) PARTICIPATION IN NATIONAL DISASTER only preserve veterans services during (a) INCREASE.—Subsection (a) of section 308 of MEDICAL SYSTEM.—(1) The Secretary shall es- national emergencies, but would take title 38, United States Code, is amended by strik- tablish and maintain a training program to fa- advantage of VA’s expertise in the ing ‘‘six’’ in the first sentence and inserting cilitate the participation of the staff of Depart- medical consequences of weapons of ‘‘seven’’. ment medical centers, and of the community mass destruction to protect all Ameri- (b) FUNCTIONS.—Subsection (b) of such section partners of such centers, in the National Dis- is amended by adding at the end the following aster Medical System established pursuant to cans. new paragraph: section 2811(b) of the Public Health Service Act This legislation would establish four ‘‘(11) Operations, preparedness, security, and (42 U.S.C. 300hh–11(b)). medical emergency preparedness re- law enforcement functions.’’. ‘‘(2) The Secretary shall establish and main- search centers within the VA health (c) NUMBER OF DEPUTY ASSISTANT SECRE- tain the training program under paragraph (1) care system. Although my colleagues TARIES.—Subsection (d)(1) of such section is in accordance with the recommendations of the may not be surprised to learn about amended by striking ‘‘18’’ and inserting ‘‘19’’. working group on the prevention, preparedness, VA’s research expertise in the long- (d) CONFORMING AMENDMENT.—Section 5315 of and response to bioterrorism and other public term health consequences of biological, title 5, United States Code, is amended by strik- health emergencies established under section chemical, and radiological exposures, ing ‘‘(6)’’ after ‘‘Assistant Secretaries, Depart- 319F(a) of the Public Health Service Act (42 ment of Veterans Affairs’’ and inserting ‘‘(7)’’. U.S.C. 247d–6(a)). fewer may be aware of VA’s unparal- leled clinical management research SEC. 7. CODIFICATION OF DUTIES OF SECRETARY ‘‘(3) The Secretary shall establish and main- OF VETERANS AFFAIRS RELATING tain the training program under paragraph (1) program. The centers authorized by TO EMERGENCY PREPAREDNESS. in consultation with the following: H.R. 3253 would allow VA’s experts to (a) IN GENERAL.—(1) Subchapter I of chapter ‘‘(A) The Secretary of Defense. develop practices for managing or pre- 81 of title 38, United States Code, is amended by ‘‘(B) The Secretary of Health and Human venting mass casualties resulting from adding at the end the following new section: Services. ‘‘(C) The Director of the Federal Emergency the use of terrorist weapons, and to do ‘‘§ 8117. Emergency preparedness Management Agency. so within our evolving National strat- ‘‘(a) READINESS OF DEPARTMENT MEDICAL ‘‘(f) MENTAL HEALTH COUNSELING.—(1) With egy for homeland security research. CENTERS.—(1) The Secretary shall take appro- respect to activities conducted by personnel H.R. 3253, as amended, would also au- priate actions to provide for the readiness of De- serving at Department medical centers, the Sec- thorize a new Assistant Secretary, re- partment medical centers to protect the patients retary shall develop and maintain various strat- quested by the administration, to co- and staff of such centers from chemical or bio- egies for providing mental health counseling logical attack or otherwise to respond to such ordinate VA’s internal and interagency and assistance, including counseling and assist- operations, security, preparedness, and an attack so as to enable such centers to fulfill ance for post-traumatic stress disorder, fol- their obligations as part of the Federal response lowing a bioterrorist attack or other public law enforcement activities. This meas- to public health emergencies. health emergency to the following persons: ure would also clarify the Secretary’s ‘‘(2) Actions under paragraph (1) shall in- ‘‘(A) Veterans. preparedness duties, which would include— ‘‘(B) Local and community emergency re- clude ensuring that VA’s 105,000 ‘‘(A) the provision of decontamination equip- sponse providers. healthcare professionals—and the addi- ment and personal protection equipment at De- ‘‘(C) Active duty military personnel. tional 81,000 providers trained in VA fa- partment medical centers; and ‘‘(D) Individuals seeking care at Department ‘‘(B) the provision of training in the use of medical centers. cilities each year—receive the edu- such equipment to staff of such centers. ‘‘(2) The strategies under paragraph (1) shall cation and training that they need to ‘‘(b) SECURITY AT DEPARTMENT MEDICAL AND include the following: protect themselves and their patients RESEARCH FACILITIES.—(1) The Secretary shall ‘‘(A) Training and certification of providers of during disasters. take appropriate actions to provide for the secu- mental health counseling and assistance. Finally, this measure would recog- rity of Department medical centers and research ‘‘(B) Mechanisms for coordinating the provi- nize the role that VA—the largest inte- facilities, including staff and patients at such sion of mental health counseling and assistance grated healthcare system in the Nation centers and facilities. to emergency response providers referred to in paragraph (1). already plays during disasters. In 1982, ‘‘(2) In taking actions under paragraph (1), Public Law 97–174 assigned a new duty the Secretary shall take into account the results ‘‘(3) The Secretary shall develop and maintain of the evaluation of the security needs at De- the strategies under paragraph (1) in consulta- to VA: serving as the contingency med- partment medical centers and research facilities tion with the Secretary of Health and Human ical system to the Department of De- required by section 154(b)(1) of the Public Services, the American Red Cross, and the work- fense during conflicts and emergencies, Health Security and Bioterrorism Preparedness ing group referred to in subsection (e)(2).’’. which Congress assumed would mean and Response Act of 2002 (Public Law 107–188; (2) The table of sections at the beginning of caring for wounded troops as they re- such chapter is amended by inserting after the 116 Stat. 631), including the results of such eval- turned home from war. In 1982, no one uation relating to the following needs: item relating to section 8116 the following new item: anticipated that VA might be called ‘‘(A) Needs for the protection of patients and upon to care for active duty military medical staff during emergencies, including a ‘‘8117. Emergency preparedness.’’. casualties during a domestic disaster. chemical or biological attack or other terrorist (b) REPEAL OF CODIFIED PROVISIONS.—Sub- attack. sections (a), (b)(2), (c), (d), (e), and (f) of section H.R. 3253 as amended acknowledges ‘‘(B) Needs, if any, for screening personnel 154 of the Public Health Security and Bioter- that we no longer have the luxury of engaged in research relating to biological patho- rorism Preparedness and Response Act of 2002 ignoring that possibility, and author- gens or agents, including work associated with (Public Law 107–188; 38 U.S.C. note prec. 8101) izes VA to extend care to active duty such research. are repealed. military casualties injured while ful- ‘‘(C) Needs for securing laboratories or other (c) CONFORMING AMENDMENTS.—Subsection filling their duties during a conflict or facilities engaged in research relating to biologi- (g) of such section is amended— disaster on American soil as well as cal pathogens or agents. (1) in paragraph (1), by inserting ‘‘of section abroad. ‘‘(c) TRACKING OF PHARMACEUTICALS AND 8117 of title 38, United States Code’’ after ‘‘sub- MEDICAL SUPPLIES AND EQUIPMENT.—The Sec- section (a)’’; and The legislation would also acknowl- retary shall develop and maintain a centralized (2) in paragraph (2), by striking ‘‘subsections edge VA’s role in protecting public system for tracking the current location and (b) through (f)’’ and inserting ‘‘subsection (b)(1) health during emergencies. As part of availability of pharmaceuticals, medical sup- of this section and subsections (b) through (f) of the Federal Response Plan for disasters plies, and medical equipment throughout the section 8117 of title 38, United States Code’’. and a cornerstone of the National Dis- Department health care system in order to per- Mr. ROCKEFELLER. Mr. President, aster Medical System, VA caregivers mit the ready identification and utilization of as Chairman of the Committee on Vet- have aided overwhelmed communities such pharmaceuticals, supplies, and equipment erans Affairs, I urge my colleagues to during every major domestic disaster for a variety of purposes, including response to a chemical or biological attack or other terrorist pass H.R. 3253, the proposed ‘‘Depart- of the last two decades. After the Okla- attack. ment of Veterans Affairs Emergency homa City attack, after Hurricanes An- ‘‘(d) TRAINING.—The Secretary shall ensure Preparedness Act,’’ as it will be modi- drew and Floyd, during Houston’s dis- that the Department medical centers, in con- fied by a manager’s amendment. astrous floods, and in New York City

VerDate 0ct 09 2002 03:14 Oct 16, 2002 Jkt 019060 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 E:\CR\FM\A15OC6.073 S15PT1 S10476 CONGRESSIONAL RECORD — SENATE October 15, 2002 on September 11 of last year, VA med- JOBS FOR VETERANS ACT eral contractors and subcontractors ical professionals stepped up to care for Mr. DASCHLE. I ask unanimous con- must take affirmative action to em- victims—not only veterans, but anyone sent that the Veterans Affairs Com- ploy—and to advance in employment— in need. mittee be discharged from further con- qualified veterans, including imme- VA medical centers are more than sideration of H.R. 4015, and the Senate diately listing employment openings just the backbone of the Federal clin- proceed to its immediate consider- for such contracts. This modified ical infrastructure, they are integral ation. threshhold keeps pace with inflation, parts of communities, and those com- The PRESIDING OFFICER. Without and provides the Office of Contract munities turn to them during crises. objection, it is so ordered. Compliance with a manageable amount The compromise agreement highlights The clerk will report the bill by title. of contracts to oversee and assure that this mission, authorizing VA to provide The legislative clerk read as follows: contractors are meeting their obliga- medical care to those affected by or re- A bill (H.R. 4015) to amend title 38, of the tions. sponding to declared disasters, or fol- United States Code, to revise and improve This legislation would also provide lowing activation of the National Dis- employment, training and placement serv- special financial and nonfinancial in- aster Medical System. I wish to stress ices furnished to veterans, and for other pur- centives to state employees to encour- to my colleagues that this reflects poses. age them to develop improved and VA’s already enormous contribution to There being no objection, the Senate modern employment services for vet- public safety, a mission that VA will proceeded to consider the bill. erans. The awards would be adminis- carry out in the future as part of the Mr. ROCKEFELLER. Mr. President, tered through the states, based on cri- Nation’s homeland security strategy. as Chairman of the Committee on Vet- teria established by the Secretary of Following last year’s attacks, Con- erans’ Affairs, I am pleased the Senate Labor in consultation with the states. gress sought new tools and new strate- supports H.R. 4015, the proposed ‘‘Jobs In some states, certain economic ob- gies to protect the American people for Veterans Act,’’ as modified by a stacles may create serious challenges from the suddenly evident threat posed Manager’s Amendment which reflects a to finding appropriate job placements by terrorists wielding weapons of mass final compromise developed by the for veterans. The ‘‘Jobs for Veterans destruction. We learned—at the price House and Senate Veterans’ Affairs Act’’ would allow the Secretary of of five lives lost and months of fear, Committees. This legislation would im- Labor to give technical assistance to confusion, and the disruption of the prove the employment, training and states that might need help in finding Senate that our public health resources placement services furnished to the solutions, and would mandate that the and our scientific expertise could be men and women who have served our state develop and implement a correc- overwhelmed by a biological assault Nation. tive plan to be approved by the Sec- aimed at a handful of public figures. At the conclusion of World War II, retary. We must do more than bemoan the Congress made job placement for vet- As we ask the young men and women slow starvation of our public health erans a national priority. Legislation of this Nation to prepare themselves to care system, the chronic underfunding passed then created special employ- take up arms in its defense, we must of the laboratories that detect out- ment services for returning troops, es- ensure that we will be able to help breaks, and the managed care prin- tablishing hiring priorities for veterans them find productive careers upon ciples that have stripped away our hos- in federal employment and giving them their return as we did for the previous pitals’ surge capacity. We must use the early notice of jobs in the private sec- generations that defended our free- resources at hand as efficiently as pos- tor. doms. I am pleased colleagues have Later, Congress provided grants to sible to ready ourselves for whatever joined in supporting this bill on behalf states to hire experts with experience disasters may come. of those who have served, and those in placing veterans into civilian jobs. In conclusion, I want to thank Sen- who will serve in the future. These experts, called Local Veterans’ Mr. President, I ask unanimous con- ator SPECTER and his staff Bill Tuerk, Employment Representatives and Dis- sent that the accompanying joint ex- Bill Cahill, and David Goetz for dili- abled Veterans Outreach Program Spe- planatory statement be printed in the gently working with me and my staff cialists, serve veterans through state RECORD following this statement. Kim Lipsky and Julie Fischer to craft employment service offices and one- There being no objection, the mate- this legislation. I would also like to stop centers. Currently, the funding to rial was ordered to be printed in the thank my colleagues on the House hire these specialists is provided by a RECORD, as follows: Committee on Veterans Affairs, par- rigid formula that affords states little SUMMARY OF H.R. 4015, AS AMENDED BY A ticularly Chairman Christopher Smith flexibility in allocating personnel for MANAGER’S AMENDMENT and his staff Pat Ryan, Kingston veterans’ employment services. JOBS FOR VETERANS ACT Smith, Jeannie McNally, Peter Dickin- The Jobs for Veterans Act would Revises and improves employment, train- son, Kathleen Greve, and John Bradley change this formula, and would remove ing and placement services furnished to vet- and Ranking Member Lane Evans and restrictions on how states can employ erans. his staff, Michael Durishin and Susan these experts in veterans’ employment. Provides priority of service (over non-vet- Edgerton, for their essential contribu- I expect that these changes will enable erans) to veterans and spouses of certain vet- tions to this legislation. erans in job training programs funded by the the Department of Labor to rise above Department of Labor. I urge my colleagues to support these the criticism the veterans employment preparedness improvements for vet- Revises the current formula for funding programs have recently drawn. These veterans employment service providers in erans and VA. This bipartisan measure necessary changes would allow states State employment offices, and removes re- represents a vital step in ensuring VA’s to tailor their employment services to strictions on how they are used by the State. preparedness, with a potentially enor- better serve our Nation’s veterans. This is to give States greater flexibility in mous pay-off in public safety. Mr. President, the ‘‘Jobs for Veterans how they provide employment, training and Mr. DASCHLE. I ask unanimous con- Act’’ would additionally restore pri- placement services to veterans. Modifies the threshold for when Federal sent that the Senate concur in the ority of service to veterans, and House amendment with a further contractors and subcontractors must take spouses of certain veterans, for em- affirmative action to employ and advance in amendment, which is at the desk, that ployment, training and placement and employment qualified veterans, including the amendment be agreed to and the extend it to any job training program immediately listing employment openings motion to reconsider be laid upon the administered by the Department of for such contracts. table, with no intervening action. Labor. Additionally, the Secretary of Promotes employment and job advance- The PRESIDING OFFICER. Without Labor would be authorized to set prior- ment opportunities within the Federal gov- objection, it is so ordered. ernment for disabled veterans, veterans who ities among eligible veterans and served in a military operation for which a The amendment (No. 4883) was agreed spouses by taking into account their service medal was awarded, and recently sep- to. special needs. arated veterans by removing an eligibility (The amendment is printed in today’s H.R. 4015 would also modify the restriction that allowed only Vietnam vet- RECORD under ‘‘Text of Amendments.’’) threshold that determines when Fed- erans to participate in these opportunities.

VerDate 0ct 09 2002 03:14 Oct 16, 2002 Jkt 019060 PO 00000 Frm 00076 Fmt 4624 Sfmt 0634 E:\CR\FM\G15OC6.086 S15PT1 October 15, 2002 CONGRESSIONAL RECORD — SENATE S10477 Establishes financial and non-financial in- United States Code, to provide priority of to carry out a program of performance incen- centive awards for state employees who fur- service (over non-veterans) to veterans and tive awards to States to encourage improve- nish quality employment, training and spouses of certain veterans for the receipt of ment and modernization of employment, placement services to veterans. employment, training, and placement serv- training and placement services to veterans. Requires the Department of Labor to set ices in any qualified job training program di- The Secretary would provide greater performance standards for states and when rectly funded, in whole or in part, by the De- amounts to States that furnish the highest those standards are not met for a corrective partment of Labor, notwithstanding any quality of services, but also would provide action plan be submitted to the Secretary other provision of law. The Secretary of awards to States that have made significant for approval. Authorizes the Secretary to Labor would be authorized to establish prior- improvements in services. States could use have on-going authority to furnish technical ities among such covered persons to take such awards to States that have made sig- assistance to any State that the Secretary into account the needs of disabled veterans nificant improvements in services. States determines to have a deficient entered-em- and such other factors as the Secretary de- could use such awards to hire additional ployment rate, including assessment in determines appropriate. State veterans’ employment and training veloping a corrective action plan. With respect to Federal contracts and sub- staff for such other purposes relating to Establishes the President’s National Hire contracts in the amount of $100,000 or more, these services that the Secretary may ap- Veterans Committee that would furnish in- section 2 would provide that a contractor prove. Awards would be obligated by the formation to employers regarding the advan- and any subcontractor take affirmative ac- tages afforded employers by hiring veterans. State during the program year in which the tion to employ and advance in employment award was received and the subsequent pro- JOINT EXPLANATORY STATEMENT ON SENATE qualified veterans. This would include imme- gram year. Section 3 also would authorize additional AMENDMENTS TO HOUSE AMENDMENTS TO diate listing of employment openings for H.R. 4015 such contracts through the appropriate em- funds to be appropriated for the Secretary to ployment delivery system. carry out the program of performance incen- H.R. 4015, as amended, the Jobs for Vet- Section 2 would also change the Veterans tive awards in the following amounts: $10 erans Act, reflects a Compromise Agreement Readjustment Appointment (‘‘VRA’’) to the million for the program year beginning in the House and Senate Committees on Vet- ‘‘Veterans Recruitment Appointment’’ au- fiscal year 2004; $25 million for the program erans’ Affairs have reached on H.R. 4015, as thority and change eligibility for these ap- year beginning in fiscal year 2005; $50 million amended, (‘‘House Bill’’). H.R. 4015, as amended, passed the House of Representa- pointments from Vietnam era and post-Viet- for the program year beginning in fiscal year tives on May 21, 2002. There is no comparable nam era veterans to qualified covered vet- 2006; $75 million for the program year begin- Senate bill. erans (see below) within the 10-year period ning in fiscal year 2007; and $100 million for The House and Senate Committees on Vet- that begins on the date of the veteran’s last the program year beginning in fiscal year erans’ Affairs have prepared the following discharge, the 10-year period would not apply 2008. explanation of H.R. 4015, as amended, (‘‘Com- to a veteran with a service-connected dis- Compromise agreement promise Agreement’’). Clerical corrections, ability of 30 percent or more. Section 3 of the Compromise Agreement conforming changes, and minor drafting, Finally, section 2 would make eligible as would establish a system of financial and technical, and clarifying changes are not ‘‘covered veterans’’ for Federal contracts and non-financial incentive awards to be admin- noted in this document. subcontracts and the Veterans Recruitment istered by the States, based on criteria es- Appointment authority: disabled veterans; PRIORITY OF SERVICE FOR VETERANS IN DE- tablished by the Secretary in consultation veterans who served on active duty during a PARTMENT OF LABOR JOB TRAINING PRO- with the States. Disabled Veterans Outreach war or in a campaign or expedition for which GRAMS Program Specialists (‘‘DVOP’’), Local Vet- a campaign badge has been authorized; vet- Current law erans Employment Representatives erans who, while serving on active duty in (‘‘LVER’’), Workforce Investment Act Section 4212 of title 38, United States Code, the Armed Forces, participated in a United requires that for certain Federal contracts of (‘‘WIA’’), and Wagner-Peyser staffs would be States military operation for which an eligible for each award. Beginning in pro- $25,000 or more, contractors and subcontrac- Armed Forces service medal was awarded; or tors take affirmative action to employ and gram years during or after fiscal year 2004, veterans discharged or released from mili- the Secretary would be required to identify advance in employment ‘‘special disabled tary service within the past three years. veterans’’ (veterans with serious employ- and assign one percent of the annual grant to Compromise agreement ment handicaps or disability ratings of 30 each State for the State to use as a perform- percent or higher), Vietnam-era veterans, re- Section 2 of the Compromise Agreement ance incentive financial award (see section cently-separated veterans, and other vet- follows the House language with amend- 4). Under this section, each State would be erans who are ‘‘preference eligible.’’ Pref- ments. required to describe how it would administer erence eligible veterans generally are vet- The agreement would delete the 10-year this award in its annual grant application to erans who have served during wartime or in eligibility period for a VRA appointment, in the Secretary (see section 4). States would a campaign or expedition for which a cam- light of the broader Veterans Recruitment also administer the non-financial perform- paign badge has been authorized. (not ‘‘Readjustment’’) Appointment author- ance incentive award program based on cri- Under section 4214 of title 38, United States ity embodied in the Compromise Agreement. teria established by the Secretary. Code, the Office of Personnel Management The Committees note that the definition of The Committees intend that the Sec- administers the Veterans Readjustment Ap- the term ‘‘covered person’’ for priority of retary’s criteria be broad in order to give pointment (‘‘VRA’’) authority program to service in Department of Labor veterans job States maximum flexibility in the manner promote employment and job advancement training programs includes both veterans chosen to recognize employees for excellence opportunities within the Federal government and certain spouses and surviving spouses of in service delivery to veterans or improve- for disabled veterans, certain veterans of the deceased veterans. Specifically, the provi- ments thereto. The Committees also intend Vietnam era, and veterans of the post-Viet- sion would include a surviving spouse of a that States use Salary and Expense (S&E) nam era who are qualified for such employ- veteran who died as a result of a service-con- funds to pay for such items as employee rec- ment and advancement. In general: (1) such nected disability, including the surviving ognition plaques and other modest forms of appointments may be made up to and includ- spouse of a veteran who died in the active recognition, as part of the non-financial per- ing the GS–11 level or its equivalent; (2) a military, naval or air service, and the sur- formance incentive awards program. veteran shall be eligible for such an appoint- viving spouse of a veteran who was totally REFINEMENT OF JOB TRAINING AND PLACEMENT ment without regard to the veteran’s num- disabled at the time of death. The provision FUNCTIONS OF THE DEPARTMENT ber of years of education; (3) a veteran who would also apply to spouses of active duty Current law receives VA disability compensation shall be servicemembers who have for a period of at Chapter 41 of title 38, United States Code, given preference for a VRA appointment over least 90 days been missing in action, cap- establishes policies governing the adminis- other veterans; (4) upon receipt of a VRA ap- tured by a hostile force or forcibly detained tration of veterans’ employment and train- pointment, a veteran may receive training or or interned in line of duty by a foreign gov- ing services by the States, as funded by De- education if the veteran has less than 15 ernment and the spouses of veterans who are partment of Labor funds. years of education; and (5) upon successful totally disabled due to a service-connected Section 4101 of title 38, United States Code, completion of the prescribed probation pe- disability. defines terms used in the chapter, such as riod, a veteran may acquire competitive sta- FINANCIAL AND NON-FINANCIAL PERFORMANCE ‘‘disabled veteran,’’ ‘‘eligible person,’’ and tus. Except for a veteran who has a service- INCENTIVE AWARDS FOR QUALITY VETERANS ‘‘local employment service office.’’ connected disability rated at 30 percent or EMPLOYMENT, TRAINING, AND PLACEMENT In section 4102, Congress declares as its in- more, a veteran of the Vietnam era may re- SERVICES tent and purpose that there shall be an effec- ceive a VRA appointment only during the pe- Current law tive: (1) job and training counseling service riod ending 10 years after the date of the vet- program; (2) employment placement service No provision. eran’s last separation from active duty or program; and (3) job training placement December 31, 1995, whichever is later. House bill service program for eligible veterans and eli- House bill Section 3 of H.R. 4015 would create a new gible persons. Section 2 of H.R. 4015 would create a new section 4112 within chapter 41 of title 38, Section 4102A specifies the job duties of the section 4215 within chapter 42 of title 38, United States Code, to require the Secretary Assistant Secretary of Labor for Veterans’

VerDate 0ct 09 2002 04:14 Oct 16, 2002 Jkt 019060 PO 00000 Frm 00077 Fmt 4624 Sfmt 0634 E:\CR\FM\A15OC6.080 S15PT1 S10478 CONGRESSIONAL RECORD — SENATE October 15, 2002 Employment and Training (‘‘ASVET’’) and Section 4 of H.R. 4015 would amend current 9. The ASVET to establish and implement Regional Administrators for Veterans’ Em- law section 4102A, of title 38, United States a comprehensive accountability system to ployment and Training (‘‘RAVET’’). The Code. The ASVET would be required to be a measure the performance of delivery systems RAVET is required to be a veteran. The Dep- veteran. It also would impose new qualifica- in a State. The accountability system would uty Assistant Secretary for Veterans Em- tions for the position of DASVET. In doing be required to be (1) consistent with State ployment and Training (‘‘DASVET’’) is also so, it would make this position a career fed- performance measures applicable under sec- required to be a veteran. The ASVET need eral civil service position. The individual ap- tion 136(b) of the Workforce Investment Act not be a veteran. pointed to this position would be required to of 1998, and (2) appropriately weighted to Section 4103 prescribes in detail the 15 job have at least five years of continuous Fed- provide special consideration for veterans re- duties of Directors (‘‘DVET’’) and Assistant eral service in the executive branch imme- quiring intensive services and for veterans Directors (‘‘ADVET’’) of Veterans’ Employ- diately preceding appointment as Deputy As- who enroll in readjustment counseling serv- ment and Training. It also requires that the sistant Secretary, and to be a veteran. ices furnished by the Department of Vet- Secretary of Labor assign to each State one This section would set forth conditions for erans Affairs. ADVET for every 250,000 veterans and eligi- receipt of funding by States to include a re- Supervisory Personnel. Section 4 would ble persons in the State veteran’s popu- quirement that a State submit an applica- also amend current section 4103 of title 38, lation. tion for a grant or contract describing the United States Code, to authorize the Sec- Section 4103A prescribes the appointment manner in which the State would furnish retary to assign as supervisory personnel of one DVOP for every 7,400 veterans who are employment, training, and placement serv- such representatives of VETS as the Sec- retary determines appropriate. It would also between the ages of 20 and 64 residing in each ices. A service delivery plan would include a replace the specific requirements for ap- State. This section also requires that each description of the DVOP and LVER duties pointment of ADVET with a more flexible DVOP be a veteran and specifies that pref- assigned by the State and other matters. authority to appoint supervisory personnel. erence be given to qualified disabled vet- Section 4 would revise the methods by erans in filling these positions. It prescribes Disabled Veterans Outreach Program Spe- which the Secretary furnishes funds to a cialist. This section would amend current where a DVOP is to be stationed in fur- State. It would require the Secretary to nishing services and the specific functions section 4103A of title 38, United States Code, make funds available for a fiscal year to to require, subject to approval by the Sec- that DVOPs perform. each State in proportion to the number of Section 4104 requires that in any fiscal retary, that States employ a sufficient num- veterans seeking employment using such cri- year funding be available to the States to ber of full or parttime DVOPs to carry out teria as the Secretary may establish in regu- employ 1,600 full-time LVERs. This section intensive services to meet the employment lations. Under this section, the proportion of prescribes that funding furnished to the needs of special disabled veterans, other dis- funding would reflect the ratio of the total States for LVERs shall be assigned in each abled veterans and other eligible veterans. It number of veterans residing in the State who States on January 1, 1987, plus one additional would require to the maximum extent prac- are seeking employment to the total number LVER per State. This section also specifies ticable, that such employees be qualified of veterans seeking employment in all in detail the manner in which the 1,600 veterans. Preference would be given to quali- States. LVERs shall be allocated to the States, and fied disabled veterans. Section 4 also would require: Local Veterans Employment Specialists. the manner in which the States shall assign 1. A state to annually submit to the Sec- LVERs to local employment service offices Section 4 would amend current law section retary of Labor an application for a grant or 4104 of title 38, United States Code, by re- based on the number of veterans and eligible contract that includes a plan describing the persons who register for assistance. This sec- quiring, subject to approval by the Sec- manner in which the State would furnish retary, that a State employ such full and tion also requires that in appointing LVERs, employment, training, and placement serv- preference shall be given to qualified eligible part-time LVERs as the State determines ices, with a description of DVOP and LVER appropriate and efficient to carry out em- veterans or eligible persons. Preference is ac- duties assigned by the State. The plan would corded first to qualified eligible veterans, ployment, training, and placement services. also be required to describe the manner in It would require, to the maximum extent and then to qualified eligible persons. Last- which DVOPs and LVERs would be inte- ly, this section prescribes the specific func- practicable, that such employees be qualified grated into the employment service delivery veterans. tions that LVERs shall perform. systems in the State, the veteran population This section would require that each LVER Section 4104A requires that each State em- to be served, and additional information the be administratively responsible to the man- ployment agency develop and apply DVOP Secretary might require; ager of the employment service delivery sys- and LVER programs. It requires the Sec- 2. The Secretary to make available to each tem. Under this section, the LVER would retary to furnish prototype standards to the State based on an application approved by provide reports, not less frequently than States. This section also requires DVETs and the Secretary, an amount of funding in pro- quarterly, to the manager of such office and ADVETs to furnish appropriate assistance to portion to the number of veterans seeking to the DVET for the State regarding compli- States in developing and implementing such employment using such criteria as the Sec- ance with Federal law and regulations with standards. retary might establish in regulation, includ- respect to special services and priorities for Section 4106 requires the Secretary to esti- ing civilian labor force and unemployment eligible veterans and eligible persons. mate the funds necessary for the proper and data; National Veterans’ Employment and efficient administration of chapters 41, 42, 3. The Secretary to phase-in such annual Training Services Institute. Additionally, and 43 of title 38, United States Code. This funding over the three fiscal year-periods section 4 would amend current section 4109 of section authorizes such sums as may be nec- that begin on October 1, 2002; title 38, United States Code, to clarify the essary for administration of chapter 41 serv- 4. The Secretary to establish minimum authority of the NVETSI to enter into con- ices, including the National Veterans’ Em- funding levels and hold-harmless criteria in tracts or agreements with departments or ployment and Training Services Institute administering funding to the States; agencies of the United States or of a State, (‘‘NVETSI’’). 5. The State to develop and implement a or with other organizations, to carry out In general, section 4107 of title 38, United corrective action plan to be submitted to the training in providing veterans’ employment, States Code, requires the Secretary of Labor Secretary when a State has an entered-em- training, and placement services. Further, it to establish and carry out various adminis- ployment rate that the Secretary determines would require that each annual budget sub- trative controls to ensure veterans and eligi- is deficient for the proceeding year; mission include a separate listing of the ble persons receive job placement, job train- 6. The Secretary to establish by regulation amount of funding proposed for NVETSI. ing, or some other form of assistance such as a uniform national threshold entered-em- Finally, section 4 would require that the individual job development or employment ployment rate for a program year by which Secretary, within 18 months of enactment, counseling services. This section also re- determinations of deficiency might be made. enhance the delivery of services by providing quires the Secretary to submit to the Com- The Secretary would be required to take into ‘‘one-stop’’ services and assistance to cov- mittees on Veterans’ Affairs of the House account applicable annual unemployment ered persons by way of the Internet and by and Senate not later than February 1 of each data for the State and consider other factors, other electronic means. year, a report on the success during the pre- such as prevailing economic conditions, that Compromise agreement vious program year of the Department of affect performance of individuals providing Section 4 of the Compromise Agreement Labor (‘‘DOL’’) and State employment serv- employment, training, and placement serv- follows the House language with amend- ice agencies in furnishing veterans’ employ- ices in the State; ments. ment and training services. 7. The State to notify the Secretary on an Under this section, the individual ap- Section 4109 requires that the Secretary annual basis of, and provide a supporting ra- pointed as DASVET would be required to make available such funds as may be nec- tionale for, each non-veteran who is em- have at least five years of service in a man- essary to operate a NVETSI for training ployed as a DVOP and LVER for a period in agement position as a Federal civil service DVOP, LVER, DVET, ADVET, and RAVET excess of six months; employee or comparable service in a man- personnel. 8. The Secretary to assign to each region a agement position in the Armed Forces pre- House bill representative of the Veterans’ Employment ceding appointment as DASVET. Section 4 of H.R. 4015 would amend sec- and Training Service (‘‘VETS’’) to serve as The annual grant application plan sub- tions 4102A, 4103, 4103A, 4104, and 4109 of title RAVET. The RAVET would be required to be mitted by the States would have an addi- 38, United States Code. a veteran; and tional requirement to describe the manner in

VerDate 0ct 09 2002 04:14 Oct 16, 2002 Jkt 019060 PO 00000 Frm 00078 Fmt 4624 Sfmt 0634 E:\CR\FM\A15OC6.084 S15PT1 October 15, 2002 CONGRESSIONAL RECORD — SENATE S10479 which the respective States would admin- as a new program the Secretary would ad- veterans. The Secretary of Labor would pro- ister the performance incentives established minister. vide staff and administrative support to the in section 3. The Committees note that other This section of the bill would make a defi- Committee to assist it in carrying out its du- aspects of the State plan and grant applica- nitional change so as to replace ‘‘local em- ties under this section. Upon request of the tion requirements contained in the House- ployment service office’’ and its current-law Committee, the head of any Federal depart- passed bill, such as describing DVOP and definition with ‘‘employment service deliv- ment or agency would be authorized to detail LVER duties, are retained. ery system.’’ The latter term would be rede- staff on a non-reimbursable basis. The Com- The Compromise Agreement clarifies that fined as a service delivery system at which mittee would also have the authority to con- State corrective action plans would be sub- or through which labor exchange services, tract with government and private agencies mitted to the Secretary for approval, and if including employment, training and place- to furnish information to employers. The approved, would be expeditiously implement services, are offered in accordance with Committee would terminate on December 31, mented. If the Secretary disapproves a cor- the Wagner-Peyser Act. 2005. rective action plan, the Secretary would be This section also would replace ‘‘job place- Compromise agreement required to take such steps as would be nec- ment rate’’ with ‘‘the rate of entered em- essary for the State to implement corrective ployment (as determined in a manner con- Section 6 of the Compromise Agreement actions. sistent with State performance measures ap- contains the House language. The Secretary would also be required to plicable under section 136(b) of the Work- SENSE OF CONGRESS COMMENDING VETERANS identify and assign one percent of the fund- force Investment Act of 1998).’’ Further, with AND MILITARY SERVICE ORGANIZATIONS ing grant to each State to establish financial respect to the Secretary’s annual report, it Current law performance incentive awards. Further, the would replace ‘‘veterans of the Vietnam era’’ No provision. Secretary would have on-going authority to and ‘‘eligible persons registered for assist- furnish technical assistance to any State ance’’ with ‘‘eligible persons, recently sepa- House bill that the Secretary determines has, or may rated veterans (as defined in section 4211(6) Section 7 of the H.R. 4015 would express the have, a deficient entered-employment rate, of title 38), and servicemembers sense of Congress commending veterans and including assistance in developing a correc- transitioning to civilian careers who are reg- military service organizations, and encour- tive action plan. istered for assistance.’’ aging them to provide job placement assist- The Committees intend that the Secretary Lastly, section 5 would add two additional ance to veterans who are job-ready by mak- should offer technical assistance in an antic- requirements to the Secretary’s annual re- ing personal computers available to them ipatory way, so as to avoid deficient per- port submitted to the Committees on Vet- with access to electronic job placement serv- formance. erans’ Affairs of the House and Senate. First, ices and programs. the report must include information on the The Compromise Agreement would require Compromise agreement that the DVET be a bona fide resident of the operation during the preceding program year State for two years to qualify for such a po- of the program of performance incentive The Compromise Agreement does not in- sition. awards for quality employment services clude this section. Lastly, the Compromise Agreement does under section 4112 of this title, including an REPORT ON IMPLEMENTATION OF EMPLOYMENT not require that the ASVET, DASVET, analysis of the amount of incentives distrib- REFORMS uted to each State and the rationale for such RVET, DVET, or ADVET be veterans. The Current law Committees encourage the appointment of distribution. Second, a report would be re- veterans to these positions but do not be- quired on the ‘‘performance of States and or- No provision. lieve a statutory requirement is necessary. ganizations and entities carrying out em- House bill The amendments made by subsection (a) ployment, training, and placement services Section 8 of H.R. 4015 would authorize $1 revising department level senior officials and under this chapter, as measured by revised million for the Secretary of Labor to enter functions, and subsection (b) revising statu- performance criteria. In the case of a State into a contract with an appropriate organi- torily-defined duties of DVOP and LVERs, that the Secretary determines has not met zation or entity to conduct an 18-month would take effect on the date of enactment the minimum standard of performance estab- study to quantify the economic benefit to of this Act, and apply to program and fiscal lished by the Secretary, the Secretary would the United States attributable to the provi- years under chapter 41 of title 38, United be required to include an analysis of the ex- sion of employment and training services States Code, beginning on or after such date. tent and reasons for the State’s failure to provided under chapter 41 of title 38, United meet that minimum standard, together with ADDITIONAL IMPROVEMENTS IN VETERANS’ States Code, in helping veterans to attain the State’s plan for corrective action during EMPLOYMENT AND TRAINING SERVICES long-term, sustained employment. the succeeding year.’’ Current law Compromise agreement Compromise agreement Sections 4102, 4106(a), 4107(a), 4107(c)(1), and Section 7 of the Compromise Agreement Section 5 of the Compromise Agreement section 4109(a) of title 38, United States would direct the Comptroller General of the follows the House language with an amend- Code, refer to terms such as ‘‘job and job United States to conduct a study on the im- ment. The Secretary’s annual report to the training counseling service program’’ ‘‘prop- plementation by the Secretary of Labor of Committees on Veterans’ Affairs of the er counseling,’’ ‘‘employment counseling the provisions of this title during the pro- House and Senate would be required to in- services,’’ ‘‘the number counseled,’’ and gram years that begin during fiscal years clude information on the operation during ‘‘counseling,’’ respectively, in describing 2003 and 2004. The study would include an as- the preceding program year of performance services available to veterans and eligible sessment of the effect of this title on em- incentive awards for quality employment persons under this chapter. ployment, training, and placement services services administered through the States. Section 4101(7) of title 38, United States furnished to veterans. Not later than six The report would not require an analysis of Code, defines the term ‘‘local employment months after the conclusion of the program the amount of incentives distributed to each service office’’ as a service delivery point year that begins during fiscal year 2004, the State and the rationale for such distribution which has an intrinsic management struc- Comptroller General would submit to Con- because each State’s DVOP/LVER grant ture and at which employment services are gress a report on the conducted study. Under would identify and assign one percent of the offered in accordance with the Wagner- this section, the report would include rec- grant for use by State for the financial in- Peyser Act. ommendations for legislation or administra- centive awards. Section 4107(c)(1) of title 38, United States tive action. COMMITTEE TO RAISE EMPLOYER AWARENESS OF Code, defines ‘‘veterans of the Vietnam era’’ Mr. DASCHLE. I ask unanimous con- as a group which the Secretary must address SKILLS OF VETERANS AND BENEFITS OF HIR- with respect to various employment and ING VETERANS sent that the Rockefeller substitute training services in the annual report to the Current law amendment at the desk be agreed to, Committees on Veterans’ Affairs. Section No provision. the bill be read the third time and 4107(c)(2) requires submission in the report of House bill passed, and the motion to reconsider be data on the ‘‘job placement rate’’ for vet- Section 6 of H.R. 4015 would authorize $3 laid upon the table, with no inter- erans and eligible persons. million to be appropriated to the Secretary vening action or debate, and that any House bill of Labor from the Employment Security Ad- statements be printed in the RECORD. Section 5 of H.R. 4015 would substitute the ministration account in the Unemployment The PRESIDING OFFICER. Without words ‘‘intensive services’’ for the word Trust Fund for each of fiscal years 2003 objection, it is so ordered. ‘‘counseling’’ throughout chapter 41 of title through 2005 to establish within the Depart- The amendment (No. 4884) was agreed 38, United States Code, so as to make the ment of Labor the President’s National Hire to. chapter consistent with section 134(d)(3) of Veterans Committee. The Committee would the Workforce Investment Act of 1998, Public furnish information to employers with re- (The amendment is printed in today’s Law 105–220. This section would also add pro- spect to the training and skills of veterans RECORD under ‘‘Text of Amendments.’’) grams carried out by the VETS to ease tran- and disabled veterans, and with respect to The bill (H.R. 4015), as amended, was sition of servicemembers to civilian careers the advantages afforded employers by hiring read the third time and passed.

VerDate 0ct 09 2002 03:14 Oct 16, 2002 Jkt 019060 PO 00000 Frm 00079 Fmt 4624 Sfmt 0634 E:\CR\FM\A15OC6.088 S15PT1 S10480 CONGRESSIONAL RECORD — SENATE October 15, 2002 EDUCATION SCIENCES REFORM tions in the same way that we look to ment and accountability, improving ACT OF 2002 the NIH when we have medical ques- low achieving schools, innovation in Mr. DASCHLE. Mr. President, I ask tions. This bill provides a sound foun- education reform, rural education, unanimous consent that the HELP dation to do so. teacher quality, and postsecondary committee be discharged from further I commend the Committee staff who education; consideration of H.R. 3801, the Edu- worked long and hard and effectively No. 4, contributes to the creation of a cation Sciences Reform Act of 2002, and on this bill: Alex Nock, Denise Forte, ‘‘culture of science’’ within the new In- that the Senate proceed to its imme- Doug Mesecar, Bob Sweet and Sally stitute by giving the Director the hir- diate consideration. Lovejoy of the House Committee; ing flexibility necessary to attract and The PRESIDING OFFICER. Without Lloyd Horwich with Senator DODD, retain the best researchers, evaluators, objection, it is so ordered. Elyse Wasch and Kathleen Fitzgerald and statisticians to the Institute; The clerk will report the bill by title. with Senator REED, Bethany Little No. 5, makes technical assistance to The legislative clerk read as follows: with Senator MURRAY, Carmel Martin schools, school districts, and states A bill (H.R. 3801) to provide for improve- with Senator BINGAMAN, Rebecca Litt more efficient and user-friendly, par- ment of Federal education research, statis- with Senator MIKULSKI, Eric Fatemi ticularly the assistance needed in order tics, evaluation, information, and dissemina- with Senator HARKIN, David Sewell to effectively implement the No Child tion, and for other purposes. with Senator EDWARDS, Jill Left Behind Act. The current patch- There being no objection, the Senate Morningstar with Senator WELLSTONE, work of regional technical assistance proceeded to consider the bill. Katherine Brown with Senator CLINTON entities will be replaced by a single set Mr. KENNEDY. Mr. President, I wel- and Sherry Kaiman with Senator JEF- of technical assistance providers; come this bipartisan agreement on the FORDS, Tracy Locklin with Senator No. 6, increases the independence of reauthorization of the Office of Edu- GREGG, Amanda Farris with Senator the research and evaluation functions cation Research. The new Institute of ENZI, Kristin Bannerman with Senator of the Department, while preserving Education Sciences created by this leg- DEWINE, Jennifer Swenson with Sen- the independence and quality of the islation will improve the capacity of ator ROBERTS, Andrea Becker with current National Center for Education the Department to conduct high qual- Senator FRIST and Jane Oates and Statistics; ity research to improve educational op- Emma Vadehra of my own staff. I No. 7, further insulates the National portunities for all students. thank Amy Gaynor of Legislative Assessment of Educational Progress We know that research can make a Counsel and the floor staff for working from political interference by giving difference in teaching and learning by with us to complete the process. the independent National Assessment providing high quality technical assist- Mr. GREGG. Mr. President, first let Governing Board the authority to re- ance and professional development, reme say that I believe that this Sub- lease NAEP results to the public; and liable data, and wide dissemination of stitute Amendment to H.R. 3801, The No 8, requires that grants and con- research and best practices. Education Sciences Reform Act of 2002, tracts with regional education labora- We all agree that education research represents a significant step toward tories, national research and develop- has to be high quality. It also needs to achieving our common goal of improv- ment centers, and technical assistance be directly related to the needs of the ing the quality of education research. I providers are awarded on the basis of professionals in the field. Schools, thank Assistant Secretary Whitehurst open competition. teachers, principals and child care pro- and his staff for the assistance they It is my hope that the significant re- viders all must have access to the best provided in crafting this legislation. I forms made by this legislation will practices in education if our schools am especially gratified to see this bill mark the beginning of a new era in the are to be the best they can be. come together in the same spirit of bi- field of education research—an era in States, schools and teachers have to partisanship in which we crafted the which policymaking will be based on face the challenge of preparing stu- No Child Left Behind Act. sound science, to the benefit of our Na- dents for assessments and dealing with Though significant Federal involve- tion’s students. schools that fail to make adequate ment in education research dates back Mr. REED. Mr. President, I support progress. Regional technical assistance to the 1950’s, we are still without a the Education Sciences Reform Act of providers can help them meet this strong body of high quality education 2002. challenge. Our bill reauthorizes the re- research to guide education policy- This legislation reauthorizes and regional education laboratories, and pro- making. Yet the need for sound, rig- names the current Office of Edu- vides a smooth transition from the cur- orous education research that is free of cational Research and Improvement at rent system of technical assistance political bias and useful to educators the Department of Education, now to providers to a new, streamlined system has never been more important. With be called the Institute of Education of comprehensive centers. We know passage of the bipartisan No Child Left Sciences. The bill will increase the that our teachers need this support and Behind Act, we have made it our mis- quality of educational research and we intend to provide it. sion as a Nation to make sure every statistics, improve dissemination, The Federal Government has a dis- student is well-educated. By renewing technical assistance, educational prod- tinguished history of investment in our efforts to master the science of uct development, evaluation, and other education research. What began many how children learn best, this bill will research efforts, and minimize the ef- years ago as data collection has help tremendously in achieving that fect of politics on education research. evolved into a current approach that mission. As States begin to implement the No collects, analyzes and disseminates im- Specifically, the bill: Child Left Behind Act, the need for a portant information. It enables re- No. 1, reconstitutes the Office of Edu- responsive, relevant, high quality, and searchers to bring their analyses to the cation Research and Improvement as rigorous education knowledge enter- people who need this information and the ‘‘Institute of Education Sciences’’ prise is greater than ever. can use it best. Our bill also maintains to provide a more rational, streamlined Mr. President, I am particularly the autonomy of the National Center infrastructure for the Department of pleased about the bill’s provisions to on Statistics, and makes sure that the Education’s research, development, retain and strengthen the regional edu- National Assessment of Education statistics, evaluation, and dissemina- cational laboratories. The regional Progress stays out of the political tion functions; educational laboratories, like the arena. No. 2, establishes more rigorous re- Northeast and Islands Regional Edu- Our goals are to raise the quality of search standards, which all Institute- cational Laboratory at Brown Univer- research conducted at the new Insti- funded education research will have to sity, conduct applied research, develop tute, to link its research with other re- meet. Education fads that masquerade educational products and materials, search, and to make it available to the as science will no longer be acceptable; provide technical assistance, and dis- teachers who use it. No. 3, establishes Research and De- seminate information in order to im- We want to be able to look to this In- velopment Centers to cover such improve teaching, increase student stitute when we have education ques- portant topics as standards, assess- achievement, and promote effective

VerDate 0ct 09 2002 03:14 Oct 16, 2002 Jkt 019060 PO 00000 Frm 00080 Fmt 4624 Sfmt 0634 E:\CR\FM\G15OC6.091 S15PT1 October 15, 2002 CONGRESSIONAL RECORD — SENATE S10481 school reform. The Education Sciences The amendment (No. 4885) was agreed resume consideration of the conference Reform Act enhances the regional edu- to. report to accompany H.R. 3295, the cational laboratories work to put re- (The amendment is printed in today’s Election Reform Act, under the pre- search into practice and focuses their RECORD under ‘‘Text of Amendments.’’) vious order; further, that the Senate efforts on helping states and districts The bill (H.R. 3801), as amended, was recess from 12:30 to 2:15 p.m. for the meet their specific educational needs. read the third time and passed. weekly party conferences. I thank Chairman KENNEDY, Senator f The PRESIDING OFFICER. Without GREGG, Senator ENZI, and members of ORDERS FOR WEDNESDAY, objection, it is so ordered. the House Education and the Work- OCTOBER 16, 2002 f force Committee for working closely Mr. DASCHLE. I ask unanimous con- PROGRAM with me on many aspects of this legis- sent that when the Senate completes lation. This is important legislation, its business today, it stand in adjourn- Mr. DASCHLE. The next rollcall vote and I am pleased to support it. ment until 10:40 a.m., Wednesday, Octo- will occur on Wednesday, October 16, at Mr. DASCHLE. I understand Sen- ber 16; that following the prayer and 12 noon, on adoption of the election re- ators KENNEDY, GREGG, and others have the pledge, the morning hour be form conference report. a substitute amendment at the desk, deemed expired, the Journal of pro- f and I ask the amendment be considered ceedings be approved to date, the time and agreed to, and the motion to recon- for the two leaders be reserved for their ADJOURNMENT UNTIL 10:40 A.M. sider be laid upon the table; that the use later in the day, and there be a pe- TOMORROW bill, as amended, be read three times, riod of morning business until 11:40 Mr. DASCHLE. If there is no further passed, and the motion to reconsider be a.m., with the Senators permitted to business to come before the Senate, I laid upon the table, and that any state- speak for up to 10 minutes each, with ask unanimous consent that the Sen- ments related thereto be printed in the the first half under the control of the ate stand in adjournment under the RECORD, without intervening action or Republican leader or his designee, and previous order. debate. the second half of the time under the There being no objection, the Senate, The PRESIDING OFFICER. Without control of the Democratic leader or his at 5:57 p.m., adjourned until Wednes- objection, it is so ordered. designee; that at 11:40 a.m. the Senate day, October 16, 2002, at 10:40 a.m.

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