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, WEDNESDAY, OCTOBER 16, 2002 No. 136 Senate The Senate met at 10:40 a.m. and was fullness of life in Your presence now RECOGNITION OF THE ACTING called to order by the Honorable ZELL and forever. Amen. MAJORITY LEADER MILLER, a Senator from the State of f The ACTING PRESIDENT pro tem- Georgia. PLEDGE OF ALLEGIANCE pore. The acting majority leader is rec- ognized. PRAYER The Honorable ZELL MILLER led the The guest Chaplain, Father Daniel P. Pledge of Allegiance, as follows: f Coughlin, Chaplain of the U.S. House of I pledge allegiance to the Flag of the Representatives, offered the following United States of America, and to the Repub- SCHEDULE prayer: lic for which it stands, one nation under God, Lord in whom all place their trust, indivisible, with liberty and justice for all. Mr. REID. Mr. President, at 11:40 great Healer of souls and nations, we f today the Senate will resume consider- come before You bent by responsibil- ation of the election reform conference APPOINTMENT OF ACTING ities and often weakened by years, yet report with 20 minutes of debate prior PRESIDENT PRO TEMPORE strong in faith and commitment. to a rollcall vote on adoption of the re- A year ago, this Congress battled not The PRESIDING OFFICER. The port. Senators DODD and MCCONNELL only the threat to humanity, terror- clerk will please read a communication will speak at that time. ists; within the walls of duty Your peo- to the Senate from the President pro The Senate will recess from 12:30 to ple fought against the deadly foe called tempore (Mr. BYRD). 2:15 today for the weekly party con- anthrax. But by Your grace and divine The assistant legislative clerk read ferences. Providence not one life was lost here the following letter: At 2:15 p.m. the Senate will consider on Capitol Hill. Today we bless You U.S. SENATE, the Department of Defense appropria- and thank You for Your care and pro- PRESIDENT PRO TEMPORE, tions conference report with 15 minutes tection. We ask Your continued bless- Washington, DC, October 16, 2002. of debate prior to a rollcall vote on ings on the Office of the Attending To the Senate: adoption of that report. That debate Under the provisions of rule I, paragraph 3, will be controlled by Senators STEVENS Physician and its entire staff who of the Standing Rules of the Senate, I hereby proved to be Your instrument in this appoint the Honorable ZELL MILLER, a Sen- and INOUYE, who will manage that bill. victory. ator from the State of Georgia, to perform Following the disposition of the DOD At this time, strengthen once again the duties of the Chair. report, the Senate will begin consider- the Members of the Senate and all who ROBERT C. BYRD, ation of S. Res. 304 regarding budget serve this Chamber, that they may lead President pro tempore. points of order. Your people and accomplish great Mr. MILLER thereupon assumed the Mr. President, we have votes then tasks for the good of this Nation and in chair as Acting President pro tempore. scheduled at noon and at 2:30. We hope the name of justice. f we can resolve S. Res. 304 on the budg- Deliver from illness all relatives and et issue today. We hope we can do that. friends who are of concern to Your peo- RESERVATION OF LEADER TIME We hope there are no more votes ple today, that freed from their infir- The ACTING PRESIDENT pro tem- after 2:30, but that has not yet been de- mities they may be restored to full po- pore. Under the previous order, the termined by the majority leader; de- tential in Your service and come to the leadership time is reserved. pending on what happens on S. Res. 304.

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

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VerDate Mar 15 2010 20:38 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00001 Fmt 4624 Sfmt 8633 E:\2002SENATE\S16OC2.REC S16OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10484 CONGRESSIONAL RECORD — SENATE October 16, 2002 PRAYING FOR MRS. OGILVIE the President and let him veto that. think, 2 weeks and, really, one page a Mr. REID. Mr. President, I want to There isn’t a veteran in the United day certainly can be read. mention very briefly that we are all States who would not be dumbfounded I have also heard from my colleagues very concerned about the Chaplain’s that the Commander in Chief would on the other side of the aisle that they wife. As some know, she has been ex- veto a bill that gives benefits to some- want to work with us. We have been tremely ill for a long time, and it is my body who is disabled and retired from trying to sit down with staff on the understanding she took a turn for the the military. It is unfair, inequitable, other side because we believe we should worse in recent days. The Chaplain is and wrong. I dare the President to veto not leave until we get this done. One of the points my colleague from with her. They moved her to another that. If there were ever an opportunity Oklahoma has been making is that we facility in another part of the country; to override a veto, this is it. I think are talking about 26 weeks; in other she is very sick. the President would make a mistake words, if we take what we did in The Chaplain prays for us, prays for doing this. March—people then had 13 weeks of our families and friends and anyone we The second thing I want to talk benefits—and they now get an addi- make known to him about whom he about is, I wrote a letter to Mitch Dan- tional 13 weeks of benefits, that is 26 should be praying about. He is a very iels. I said—generalizing—reading all weeks. fine man. He is very concerned about the press accounts, the President is I say to my colleague from Oklahoma the welfare of the Senate, and I hope campaigning more than he is working and other Republicans that we have the Senate would be concerned about on policy for this country. He is trying about 900,000 men and women who have his welfare and that of his wife, and to show the trips he takes, where he run out of unemployment benefits in that we mention Mrs. Ogilvie in our makes campaign stops, are really trips the country—20,000 in Minnesota; 50,000 prayers. where he is doing something of a policy in Minnesota in February; close to 2 I suggest the absence of a quorum. nature, so that trip will be paid for by million in February of next year—and The ACTING PRESIDENT pro tem- the taxpayers. I have asked Mitch Dan- extending 13 weeks of benefits for peo- pore. The clerk will call the roll. iels, how do you justify that? No re- ple who have utilized the 13 weeks we The assistant legislative clerk pro- sponse. gave them earlier is exactly what we ceeded to call the roll. Well, I think we have to do some- did in the early 1990s on a 97-to-3 vote, Mr. REID. Mr. President, I ask unan- thing to make the taxpayers free of the with my colleague from Oklahoma, imous consent that the order for the obligation of paying for campaign ex- among others, supporting it. quorum call be rescinded. penses. When we campaign, we have to pay those expenses out of our campaign I do not understand what the prob- The PRESIDING OFFICER. Without lem is. Having been back home and objection, it is so ordered. funds. The President should do that. The Republican National Committee traveled the State a lot, I am not going f should pay for those trips, and tax- to make an argument that I would con- sider to be a false dichotomy; that is to DEFENSE AUTHORIZATION payers should not. I will have more to say, people are just focused on the CONFERENCE say about that later in the day. I see my friend from Minnesota. His economy and nothing else. I say people Mr. REID. Mr. President, there are a plane was a little late, and this is his are worried about a lot of issues. They number of issues I want to speak about assigned time. are worried about Iraq and what is the briefly this morning. First of all, there I yield the floor. right thing to do, they are worried is a conference report that has not yet The PRESIDING OFFICER. The Sen- about terrorism, and they are worried been completed—there are many, but I ator from Minnesota. about the economy. People want us to will talk about the defense authoriza- f focus on the economy, and they want tion conference today. There is one us to put people first. They want us to UNANIMOUS CONSENT REQUEST— issue holding that up. focus on people, and there are a lot of S. 3009 I have had the good fortune of having actions we could take. We could raise the acting chairman of the House Mr. WELLSTONE. I thank the Sen- the minimum wage. We could invest in Armed Services Committee come and ator from Nevada. education and job training because a speak to me on this issue. There is an Mr. President, I come to the floor for lot of workers are trying to go from amendment I offered with a number of now the sixth time with a piece of leg- one job to another, and they need to other Senators that would allow our islation I have introduced. At other have that opportunity. veterans who are disabled and who times, Senator KENNEDY has spoken At the very minimum, could we not have retirement benefits from the U.S. about this, Senator CLINTON has spo- at least have enough of a sense of com- military to draw both of their benefits. ken about this, and Senator DURBIN passion and extend unemployment ben- Right now, they cannot; they have to has spoken about this. Many have. I efits to people who are out of work, make a choice. I have explained this to come to the floor to ask that the Sen- through no fault of their own, and have people at home, and they are dumb- ate proceed—I will not make the unani- run out of these benefits? This is the founded that people who have been de- mous consent request yet; I don’t see sixth time I have asked consent to clared to have a disability in the mili- colleagues from the other side of the move forward and pass this legislation. tary, and following the declaration and aisle here yet—that we pass calendar Mr. REID. Mr. President, will the retirement, they cannot draw both pen- No. 619, S. 3009. This is a bill to extend Senator yield for a question? sions. That is holding up a $400 billion unemployment benefits for an addi- Mr. WELLSTONE. I will be pleased conference because the President of the tional 13 weeks for workers in every to yield for a question. United States—I used to say people State, plus 7 weeks in additional bene- Mr. REID. Has the Senator found at around him, but that is clearly gone fits for workers in States with the home what I found at home this past now; the President makes the deci- highest levels of unemployment. This Monday? I had a group of veterans with sion—has said he will veto the $400 bil- extends the expiration date of the tem- whom I met at 8 o’clock in the morning lion bill. He is going to veto it because porary benefits program we passed last in Henderson, NV. For the first time I of veterans who are disabled and draw- March, which otherwise would termi- can remember, an elderly World War II ing unemployment. He has said it nate December 31. veteran came up to me and said: Would would be something that is not good Every time we have tried to do this, you speak to my grandson? His grand- for the country. I don’t think that is my colleagues on the other side—usu- son was a graduate of the University of true. ally it has been the Senator from Okla- Pittsburgh, had a grade point average I will talk about that more through- homa—have come out and objected. of 3.7, and could not find a job. At that out the day. I see my friend from Min- What I have heard my Republican col- meeting, I had two young men come up nesota. The conference is not closed. I leagues on the other side of the aisle to me, both of whom are college grad- dare the President to veto the bill. The say is that they need more time to uates and could not find jobs. conference should get that report out look at this. It is seven pages long. We Has the Senator found that not only here. We should pass it and send it to have been at this now for well over, I those people seeking entry-level jobs

VerDate Mar 15 2010 20:38 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16OC2.REC S16OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 16, 2002 CONGRESSIONAL RECORD — SENATE S10485 are having trouble, but people who Mr. REID. Regular order, Mr. Presi- and is retired from the military, should have been laid off at factories and dent. not be able to draw both benefits? Is other industries and recent college The PRESIDING OFFICER. Is there there a reason the Senator can come up graduates cannot find work? Has the objection? with that they should not be able to Senator found that? Mr. NICKLES. I object. draw both benefits? Mr. WELLSTONE. Mr. President, I The PRESIDING OFFICER. Objec- Mr. WELLSTONE. I say to my col- say to my colleague from Nevada, in tion is heard. league from Nevada I will talk about Minnesota and around the country The Senator from Minnesota. this in the same way I talked about the there are about twice as many people Mr. WELLSTONE. Mr. President, I State unemployment benefits. I was looking for jobs as are jobs available. came back today from Minnesota. proud to be an original cosponsor. This economy is flat and, having There is a lot of work to be done. At When I was home over this last week, turned downward, cuts across a broad the minimum, we ought to extend un- veterans were talking to me about the section of population, and this does in- employment benefits. We have 20,000 concurrent receipt, and they were say- clude college graduates. people in Minnesota who have run out ing they served their country and As the Presiding Officer knows, given of unemployment benefits. It is going should get a disability payment when his work with the Joint Economic to be 50,000 in February. We have they served our country. And then dol- Committee, chairing that committee, 900,000 people in the country, 9,000 in lar for dollar it is subtracted from it is also true that many of the people Oklahoma. We are going to have 2 mil- their retirement pay? And they cannot who are out of work right now actually lion men and women in the country believe there are Members of Congress, come from skilled professions, skilled who will run out of benefits by Feb- be it House or Senate, and the adminis- work, middle-income jobs. ruary of next year. We have two times tration, who are trying to block this, I think this administration is sleep- as many people looking for jobs as jobs walking through history. We ought to keep it out of the Defense appropria- available. tions bill; nor can anybody in Min- be paying more attention to the econ- As my colleague from Nevada said, omy. We need to get this economy nesota believe there are Senators—and we have college graduates who cannot I gather it is the White House as well— going again. We need to start putting find work. We have people who were in people first again. We need to start in- who want to block the extension of un- middle-income jobs, professional jobs, employment benefits. It is the same vesting in people. All of that is true, highly trained, looking for work. They but at the least what we ought to do is mentality. It is like they do not want cannot find jobs. At the very min- to count people. We are supposed to be what we did over and over in the early imum, should we not extend unemploy- 1990s, which was to pass this legislation helping people. Our work is supposed to ment benefits? This is exactly what we be connected to people’s lives. I have introduced, which is very simple did in the early 1990s. We extended an I say to the Senator from Nevada, and straightforward. It will extend un- additional 13 weeks of benefits in the Senators and Representatives who employment benefits for 13 weeks. We March of this year, and now people are trying to hold up concurrent re- ought to do that. We have done it be- have exhausted their benefits. We are ceipt—and the White House, I gather, fore. It is the right thing to do. We can trying to extend an additional 13 weeks is threatening a veto—they better help a lot of people, and, in addition— of unemployment compensation, 20 watch themselves because the veterans I have said it before—it also provides weeks in States with high levels of un- community is not going to accept this. some economic stimulus because, be- employment. The veterans community is going to lieve me, whether it is the 9,000 Okla- This is exactly the same—I want ev- say, in all due respect, this is no way to homa workers who have run out of the erybody in the country to know this— say thank you. It is no way to say benefits we extended in March or this is exactly the same legislation we thank you to those who have served whether it is the 20,000 people in Min- passed with an overwhelming vote in our country. It is no way to say thank nesota, people will buy. Right now, the early 1990s. Why is this being they cannot meet their needs month by you to tell them that they cannot get blocked? Why do my colleagues on the month. a disability payment without having other side of the aisle, every time I This is a matter of compassion, of that money taken out of their retire- come out here or come out here with doing what is right. Frankly—I will ment pay. other Senators, say: We need more say it one more time, and then I will This is a huge issue in the veterans propound my unanimous consent re- time to read it? My gosh, they have had plenty of time to read it. We need community, and if my colleague does quest—it is absolutely unforgivable not mind, I am going to speak a little that this is being blocked over and over more time to negotiate. Have we not been involved in negotiation? This is while longer about this because I do when this is exactly what we did in the not know what has happened. We are early 1990s. nothing but stall, stall, stall, block, block, block, put up roadblocks, put up nearing the end of the session. There Before my colleague from Oklahoma are all these elections, but these two came to the Chamber, I said I keep roadblocks, put up roadblocks. What is so tragic about this situation issues we are now talking about—I hearing about 26 weeks. This is what want to join the two of them—should we did before. In March, we gave 13 is it is people’s lives. Mr. REID. Mr. President, will my not have very much to do with politics. weeks of additional benefits, and they They really should not. We have al- have run out, and now we are talking friend answer a question without losing his right to the floor? ways extended unemployment benefits about an additional 13 weeks. We have to people who are flat on their backs always helped people. We have always Mr. WELLSTONE. I will be pleased to. through no fault of their own. That is provided this help to people. We have exactly the same thing that is in my always moved forward with this kind of Mr. REID. I do not know if the Sen- ator from Minnesota had an oppor- legislation that is being blocked over legislation. and again on the other side. This is now the sixth time. Mr. Presi- tunity to hear me earlier today. The dent, I ask unanimous consent that the Senator was in the Chamber but was What are people who cannot find Senate proceed to the immediate con- communicating with his staff. The De- jobs, who are out of work, who are sideration of Calendar No. 619, S. 3009, fense authorization bill is in con- struggling to put food on the table sup- a bill to provide economic security for ference. There are about $400 billion in posed to do? America’s workers; that the bill be programs in that legislation that affect Mr. REID. Will the Senator yield for read the third time, passed, and the the military men and women in this a question? motion to reconsider be laid upon the country. There is only one provision Mr. WELLSTONE. In one second. table. This is the sixth time we have holding up the conference committee What are they supposed to do, wait propounded this request. from reporting that bill out, and that around for Senators and the White The PRESIDING OFFICER. Is there is what is called concurrent receipts. House to continue to play this game of objection? Can the Senator from Minnesota find blocking? What is the problem? And Mr. NICKLES. Mr. President, reserv- any justification that a person, who what are veterans supposed to do? How ing the right to object. has a disability from the U.S. military are veterans supposed to feel when

VerDate Mar 15 2010 20:38 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16OC2.REC S16OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10486 CONGRESSIONAL RECORD — SENATE October 16, 2002 they hear the White House is threat- Senator REID has taken the lead. I feel what we have done most of the time. ening a veto because concurrent re- as strongly about concurrent receipt as The Senator has gone back to 1990. At ceipt is in? I do about unemployment benefits. It one time there was a 26-week exten- Then the argument is, well, we can- has been a labor of love for me working sion. not afford it, or this will cost more with veterans. The PRESIDING OFFICER. The time money. Tell that to people who served There is a disconnect between what of the Senator from Minnesota has ex- our country. Tell them we cannot af- is going on, blocking this help for peo- pired. ford to live up to our commitment to ple, blocking living up to our commit- Mr. NICKLES. I ask unanimous con- them. Tell them we do not really be- ment to veterans, blocking getting un- sent to continue for 4 additional min- lieve they have made a valid claim; employment benefits to families that utes. that it is wrong to take away from re- have run out and what people in Min- Mr. DODD. Reserving the right to ob- tirement pay just because we are giv- nesota are saying because what people ject, I hesitate to interfere with my ing people a disability payment, a dis- in Minnesota and the country are say- colleagues from Oklahoma and Min- ability payment coming from a dis- ing is focus on the economy. How about nesota who are engaged in a very im- ability while serving our country. unemployment benefits? How about in- portant discussion. What in the world is going on? What vesting in job training and education Mr. NICKLES. We will be done in 4 has happened to our humanity? Why for people who are working and now minutes. are Senators blocking these initia- trying to look for other jobs or work Mr. DODD. I ask unanimous consent tives? their way up to better jobs? How about to revise your unanimous consent re- I have the floor, but I am pleased to raising the minimum wage? How about quest to provide an additional 4 min- yield for a question. making sure that as opposed to a Har- utes for Senator BOND and myself to Mr. REID. Does the Senator also ac- vey Pitt, there is somebody at SEC we talk about the election. I know that is knowledge that these unemployment can count on so when there is an over- not as compelling to some, but we benefits help more than the unem- sight board they are really going to be think it is very important, and we ployed in that this generates money a watchdog so us little investors can fi- want to say some things about it be- into the economy, helps small busi- nally count on investing in companies fore the vote. After the 4 minutes is up, nesses, people can buy gasoline they and know that they have not cooked I will object to an extension of time. could not afford otherwise, they might their books? The PRESIDING OFFICER. Without be able to buy some additional gro- How about doing away with these objection, it is so ordered. ceries? Would the Senator acknowledge egregious rip-offs where companies go Mr. NICKLES. Just to inform my col- that part of the reason extended unem- to Bermuda, renounce their citizenship league from Minnesota, that current ployment benefits were originally and do not pay their taxes? How about law is a 26-week State program and a passed was to help the economy? not telling big corporations they do 13-week Federal program, with some Mr. WELLSTONE. I thank my col- not have to pay anything? How about high unemployment States getting an league for his question because he is more tax credits for higher education? additional 13 weeks. You are trying to trying to help me. I view it first as an How about refundable tax credits for modify the original 13 weeks and make issue of compassion. Call me a softy, tuition? How about applying tax cred- it 26 weeks. That is very expensive. but honest to God, when people have its to other costs students have like Just to inform my colleague, if you run out of unemployment benefits and books and other living expenses? How did not try to change the trigger, or they are out of work through no fault about investing in people? How about use the adjusted insured unemploy- of their own, it would seem to me we helping us? How about thinking about ment rate which costs a lot of money, could provide a helping hand. the economy? Every single time we and just looked at a clean, straight ex- My colleague from Nevada is abso- come to the floor, we are not able to tension which would cost about $7 bil- lutely right. There is not an economist get this done. lion instead of $17.1 billion, the prob- Mr. NICKLES. Will the Senator from in the Nation who would not make the ability of success would go up dramati- Minnesota yield for a question? argument that this is also economic cally. I mention that. To draft a bill, Mr. WELLSTONE. I would be pleased put it directly on the calendar, and say stimulus, as opposed to these Robin- to do so. Hood-in-reverse tax cuts with 40 per- Mr. NICKLES. I almost forgot the we expect you to pass it without any cent of the benefits going to the top 1 question, but I think it is coming back modification, is not going to happen. percent, and proposals on the part of to me now. I am almost amused, but I wanted to make that point. I thank my Republican colleagues to eliminate not quite, on the bill that the Senator my colleague from Connecticut. Mr. WELLSTONE. Mr. President, let the alternative minimum tax so big is trying to pass by unanimous con- corporations do not have to pay any- sent. Correct me if I am wrong, but did me say to my colleague from Okla- thing. This is real economic stimulus it go through the Finance Committee? homa in a sincere and emphatic way, because the families in Minnesota that Has it been reported out of any com- he knows a straight extension is not would get the additional benefits, mittee? enough. We need an additional 13 much less in Oklahoma, Nevada, and Mr. WELLSTONE. We have been weeks. That is the whole point. It is Rhode Island, will consume. They have down this road—let me answer the not a straight extension. It is adding 13 to consume because right now they question. I say to my colleague from weeks for people who have run out of cannot make ends meet month by Oklahoma, in the last 2 weeks we have unemployment benefits, 900,000 men month. They will buy food. They will had this conversation six or seven and women in the country. The trigger go out and buy a washing machine if it times. Every time, I say no, and then is the exact same trigger we used in is broken down because they need it. my colleague says he has not had time the early 1990s. This is $10.6 billion over They will consume. Therefore, it is a to read it, and I say it is seven pages 10 years, all of which is in the trust win/win. and I know the Senator is a quick read- fund to provide the help to people who What puzzles me is that in the early er. That is one page a day. Then my have run out of benefits. 1990s, five times we passed almost the colleague says, let’s us work together. My colleague has blocked the very identical legislation. We are waiting, and so far the only legislation we passed in the 1990s to Mr. NICKLES. Will the Senator from thing I have seen from the Senator is help people. For the people in Min- Minnesota yield? obstruction. That is my answer. nesota, and the people in the country, Mr. WELLSTONE. I would be pleased Mr. NICKLES. I admonish my col- the straight extension is not what this to yield if I could make one final point, league—that is a strong word—I inform is about. This is an additional 13 and that is it is amazing the disconnect my colleague that a person could ex- weeks. That is what we did in the early between what is going on with this ef- haust their benefits, find a job and still 1990s, many times over, and what we fort to block the extension of unem- would be counted as being unemployed. should do today. It is simply wrong, ployment benefits and also with this Mr. WELLSTONE. I am sorry? after almost 2 weeks, that my col- effort to block concurrent receipt and Mr. NICKLES. The current law is a league has been blocking this over and live up to our contract for veterans. 13-week Federal program, which is over and over again.

VerDate Mar 15 2010 20:38 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16OC2.REC S16OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 16, 2002 CONGRESSIONAL RECORD — SENATE S10487 I yield the floor. could not say the same of the Adminis- ing and Exploited Children, CMEC, Mr. NICKLES. I know the Senator tration’s proposal and H.R. 4623. Pro- concerning the scope of the victim wants to be factually correct. I believe fessor Frederick Schauer from Har- shield provision to limit that provision the trigger is different from the one in vard, who served on the Meese Commis- to ‘‘non-physical’’ information. the early 1990s. The fact is, if you want sion on pornography and authored its The changes in the proposed Hatch- to help people, consider a straight ex- findings, as well as Professor Anne Leahy substitute also included adopt- tension of the program we have in cur- Coughlin from the University of Vir- ing the House bill’s measures allowing rent law. ginia both agreed that the Administra- the CMEC to share information from I yield the floor. tion’s bill and H.R. 4623 crossed over its tip line directly with State and f the First Amendment line after the Su- local law enforcement officers, instead preme Court’s decision in Ashcroft v. of always passing the information THE PROSECUTORIAL REMEDIES Free Speech Coalition, 122 S. Ct. 1389. through the FBI. Although the Admin- AND TOOLS AGAINST EXPLOI- Even the ACLU has passed along views istration did not originally ask for this TATION OF CHILDREN TODAY from its First Amendment expert that change, the CMEC has reported that (PROTECT) ACT S. 2520 is ‘‘well crafted and should sur- the FBI is either unwilling or unable to Mr. LEAHY. Mr. President, I rise vive constitutional scrutiny.’’ share information from the child ex- today to urge the Senate to pass S. That point is crucially important, be- ploitation tip line in a timely manner 2520, the Prosecutorial Remedies and cause it does no one any good to pass a with state and local law enforcement. Tools Against the Exploitation of Chil- ‘‘quick fix’’ law that will land us right As the Chairman of the Committee dren Today, PROTECT, Act of 2002. back where we started in five years, charged with overseeing the FBI, I was This bill and the substitute I offer will with no valid law on the books to pro- disappointed to hear this appraisal of protect our Nation’s children from ex- tect our Nation’s children from exploi- the FBI. To remedy this situation, and ploitation by those who produce and tation. We owe our children more than in the spirit of compromise and recon- distribute child pornography, within a press conference on this issue, we owe ciling this legislation with the House the parameters of the First Amend- them a law that lasts. passed bill, the substitute to S. 2520 in- ment. I was an original cosponsor of S. I am not alone in that view. Testi- corporates this change. 2520 and joined Senator HATCH, the mony at the Judiciary Committee I note that Senator HATCH would not ranking Republican member of the Ju- hearing made this point clearly. Pro- agree to accept my proposal that we diciary Committee, on the Senate floor fessor Schauer testified in support of also include a provision that would en- when the bill was introduced. the basic provisions of the PROTECT sure that tips to the child exploitation Since that time, I have been working Act, but warned us about the Adminis- tip lines come from ‘‘non governmental with Senator HATCH both to improve tration’s proposal. Incidently, this sources’’ so that government agents the bill that we introduced together same constitutional law scholar testi- could not ‘‘tickle’’ the tip line to try to and to build consensus for it. Unlike fied in favor of the Child Pornography avoid the legal requirements of the the Administration’s bill, which has Prevention Act, CPPA, in 1996, but he Electronic Communications Privacy been widely criticized by constitu- also correctly warned us then about Act. I did not insist on this important tional and criminal law scholars and the precise parts of that law that provision because, with time running practitioners, we have been largely would be struck down. Here is what he out in this Congress, we must all com- successful in that effort. The sub- said this time around: promise if we want to pass a bill, and I stitute I offer today is virtually iden- [W]hether it is open to academic or con- want to pass this bill. tical to the version circulated by Sen- gressional criticism, Justice Kennedy’s opin- In any event, I placed S. 2520 on the ator HATCH before the October 8, 2002 ion for a 7–2 Court still represents the defini- Judiciary Committee agenda for its meeting of the Judiciary Committee. I tive and authoritative interpretation of the meeting on October 8, 2002. Unfortu- am glad to report that this substitute First Amendment in the child pornography context, and thus represents the law. Legis- nately, due to procedural issues, in- has been approved by every single lation inconsistent with Free Speech Coali- cluding the two hour rule that was in- Democratic Senator. Moreover, every tion would not only be inconsistent with cur- voked because of the debate on Iraq, Democratic Senator has agreed to dis- rent constitutional law, therefore, but would and procedural maneuvering that cen- charge S. 2520 from the Judiciary Com- also represent a tactical mistake in an at- tered around judicial nominations, mittee for consideration and passage tempt to combat the horror of child pornog- members from the other side of the by the Senate, with a refining amend- raphy. As the six year course of litigation aisle objected to the consideration of ment. under the previous Act so well demonstrates, this and all other legislative proposals I am now asking my colleagues on constitutionally suspect legislation under existing Supreme Court interpretations of before the Judiciary Committee. The the Republican side of the aisle to lift the First Amendment, whatever we may Judiciary Committee was, con- any holds and to allow this important think of the wisdom and accuracy of those sequently, unable to consider the bi- legislation to pass the Senate. That interpretations, puts the process of pros- partisan substitute circulated by Sen- way, the House may take up the bill ecuting the creators of child pornography on ator HATCH, and to which I agreed. and the PROTECT Act may become hold while the appellate courts proceed at The substitute for which I now seek law before we adjourn. I know that their own slow pace. There is room in our unanimous consent is identical to the there are some who would rather play legislative world for legislation that is large- proposed Committee substitute that ly symbolic, but for Congress to enact sym- politics with this issue, but I hope that Senator HATCH circulated with two ex- bolic but likely unconstitutional legislation they reconsider. It is more important would have the principal effect of postponing ceptions. First, the substitute removes that we unite to pass a bill that will for conceivably six more years the ability to three lines that were not in the origi- both protect our Nation’s children and prosecute those creators of child pornog- nal language of S. 2520 as introduced by produce convictions rather than tying raphy whose prosecution is consistent with Senator HATCH and that were inadvert- up prosecutorial resources litigating the Supreme Court’s view of the First ently included in the version of the the constitutionality of the tools we Amendment. substitute circulated by Senator give the Justice Department to use. After our Judiciary Committee hear- HATCH. Indeed, I am advised that Sen- This legislation will accomplish those ing, Senator HATCH and I continued to ator HATCH was prepared to strike goals. work to improve our bill to address these 3 lines had the Judiciary Com- Two weeks ago I convened a hearing concerns that had been raised. We mittee considered the substitute. The on this issue to hear from the Justice worked to come up with a Hatch-Leahy Leahy amendment simply corrects this Department, the National Center for substitute amendment for consider- inadvertent error, which was totally Missing and Exploited Children, CMEC, ation by the Judiciary Committee that understandable in the rush of business. and constitutional scholars. The con- included technical corrections and im- The second change the substitute stitutional scholars testified that the provements to the original text of S. makes in order to assure swift passage provisions of S. 2520 were likely to 2520 that we could both agree upon. of this measure is to render the new af- withstand the inevitable court chal- These included addressing some issues firmative defense created in S. 2520 lenges ahead. Unfortunately, they raised by the National Center for Miss- available to defendants who can prove

VerDate Mar 15 2010 20:38 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16OC2.REC S16OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10488 CONGRESSIONAL RECORD — SENATE October 16, 2002 that actual adults, and no children, Under the previous order, there will cy who will be responsible for funneling were used to create the visual images now be 20 minutes of debate on the con- the federal funds to States and local- involved. This change would provide no ference report. ities. This reflects a great deal of effort help to defendants seeking to assert a Mr. DODD. I presume that time is by the distinguished Senator from Ken- ‘‘virtual porn’’ defense, which would equally divided between Senator tucky. still be blocked both for the new cat- MCCONNELL and myself. Then the bill attempts to address one egory of material created by the stat- The PRESIDING OFFICER. That is of my key concerns, and that of course ute and any obscene child pornography. correct. is the issue of vote fraud. But in the case of a defendant who can, Mr. DODD. We spoke at some length Now, I like dogs and I have respect for instance, actually produce in court yesterday, and my colleague from Mis- for the dearly departed, but I do not the 25-year old that is shown in the al- souri was very involved. I am prepared think we should allow them to vote. legedly obscene material and prove to reserve my time until Senator BOND Protecting the integrity of the ballot that it is not, in fact, child pornog- and Senator MCCONNELL have time to box is important to all Americans, but raphy, or even virtual child pornog- talk about this report. especially to Missouri because of our raphy, the defense would be available. Mr. MCCONNELL. I yield 8 minutes State’s sad history of widespread vote Indeed, Justice O’Connor in her concur- to the distinguished Senator from Mis- fraud. This legislation recognizes that ring opinion in the Free Speech case souri. illegal votes dilute the value of legally specifically concluded that the prior The PRESIDING OFFICER. The Sen- cast votes—a kind of disenfranchise- law’s prohibition on such ‘‘youthful ator from Missouri. ment no less serious than not being adult’’ pornography was overbroad. As Mr. BOND. Mr. President, I rise able to cast a ballot. the testimony at our Committee hear- today with a sense of relief and satis- If your vote is canceled by the vote of ing made clear, we should be careful faction that we have come to the end of a dog or a dead person, it is as if you not to repeat this mistake. this marathon to do something I be- did not have a right to vote. Much has Other than that, this substitute is lieve everybody in this body and in the been said about this. We have even the exactly same as the substitute cir- other body believe is vitally important. heard from some colleagues in groups culated by Senator HATCH before the We need to change the system to make that vote fraud does not really exist. Judiciary Committee’s meeting on Oc- it easier to vote and tougher to cheat. We have been told by professors and tober 8, 2002. The definitions of child I begin by offering my sincere thanks other learned folks in ivory towers pornography are the same; the new and congratulations to Senator DODD, that vote fraud really only exists in tools for prosecutors to catch and pun- to Senator MCCONNELL on our side, for movies. Well, gang, come down out of ish those who exploit children are the their great work, to our good friends your ivory towers. We can explain it to same; the new tools given to the Center on the House side, Chairman NEY and you. We know better. for Missing and Exploited Children are Congressman HOYER. We have gotten to In just the past month we learned of the same. This is, for all intent and know them much better over the last voter scams in Pennsylvania, and now purposes, the same as the Hatch-Leahy months as we have worked together. we are learning of an ongoing FBI in- substitute. This has been truly an heroic effort. vestigation in South Dakota where the This is a bipartisan compromise that The 2000 election opened the eyes of media reports: will protect our children and honor the many Americans to the flaws and fail- Constitution. I urge members from the Every vote counts—unless ballots are ures of our election machinery, our being cast by people who don’t exist, are other side of the aisle to join us. Do voting systems, and even how we deter- dead, or who don’t even live in South Da- not hold this bill hostage as part of mine what a vote is. kota. A major case involving those voter some effort at political payback or a We learned of hanging chads and in- fraud issues has been under investigation by ‘‘tit for tat’’ strategy. Let this bill pass active lists. We discovered our mili- the FBI for the past month. the Senate and give law enforcement tary’s votes were mishandled and lost. If vote fraud is happening in South the tools they need to protect our chil- We learned of legal voters turned away, Dakota, it could be happening every- dren in the internet age. while dead voters cast ballots. We dis- where. In fact, in a report just released, f covered that many people voted twice, which reviewed voter file information CONCLUSION OF MORNING while too many weren’t even counted across State lines, nearly 700,000 people BUSINESS once. were registered in more than one State This final compromise bill—and it is and over 3,000 double-voted in the 2000 The PRESIDING OFFICER. Morning a compromise in the truest sense of the election. That is 3,000 vote fraud pen- business is closed. word—tries to address each of the fun- alties, felonies, waiting to be pros- f damental problems we have discovered. ecuted. I hope local, State, and Federal HELP AMERICA VOTE ACT OF For starters, this bill provides $3.9 officials involved will aggressively pur- 2002—CONFERENCE REPORT billion in funding over the next 5 years sue these crimes. The PRESIDING OFFICER. Under to help States and localities improve But, as I have said numerous times the previous order, the Senate will now and update their voting systems. In ad- since I began this quest with Senators resume consideration of the conference dition to providing this financial help, DODD and MCCONNELL many months report accompanying H.R. 3295, which we also provide specific minimum re- ago, I believe that an election reform the clerk will report. quirements for the voting systems so bill must have two goals—make it easi- The legislative clerk read as follows: that we can be assured that the ma- er to vote but tougher to cheat. Conference report to accompany (H.R. chinery meets minimum error rates Lets discuss for a moment a few of 3295), a bill to establish a program to provide and that voters are given the oppor- our registered voters: Barnabas Miller funds to States to replace punchcard voting tunity to correct any errors that they of California, Parker Carroll of North systems, to establish the Election Assistance have made prior to their vote being Carolina, Packie Lamont of Wash- Commission to assist in the administration cast. ington, D.C., Cocoa Fernandez of Flor- of Federal elections and to otherwise provide This bill also provides funding to ida, Holly Briscoe of Maryland, Maria assistance with the administration of certain help ensure the disabled have access to Princess Salas of Texas and Ritzy Federal election laws and programs, to es- tablish minimum election administration the polling place and that the voting Mekler of Missouri. standards for States and units of local gov- system is fully accessible to those with They are a new breed of American ernment with responsibility for the adminis- disabilities. A very special thanks to voter. Barnabas and Cocoa are poodles. tration of Federal elections, and for other the Senator from Connecticut for this Parker is a Labrador. Maria Princess is purposes. unwavering commitment to those a Chihuahua, Holly is a Jack Russell Mr. DODD. I ask unanimous consent goals. Terrier, and Ritzy is a Springer-Span- the conference report be considered as We also create a new Election Ad- iel. read. ministration Commission to be a clear- So has our voting system really gone The PRESIDING OFFICER. Without inghouse for the latest technologies to the dogs? And what can we do about objection, it is so ordered. and improvements, as well as the agen- it? This final bill takes this issue

VerDate Mar 15 2010 20:38 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16OC2.REC S16OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 16, 2002 CONGRESSIONAL RECORD — SENATE S10489 square on, and I am very pleased that fraud exists in this country. The many quirement, the voter can include a this final agreement retains and reported cases and incidents of reg- copy of the identification with their strengthens the anti-vote fraud provi- istration and vote fraud revealed in registration card, a copy of the identi- sions we spend so much time fighting testimony before Congress, in our de- fication can be included with an absen- to include: bates and in the press make it impera- tee ballot or it can be shown when the New voters who choose to register by tive that we implement such standards voter goes to the polling place. The op- mail must provide proof of identity at that are clearly within the Constitu- tion of the voter to vote absentee or to some point in the process, whether at tional power and prerogatives of Con- vote at the polls is not limited but the initial registration, when they vote in gress. objective of Congress is fulfilled by person or by mail. Among the kinds of A principle concern of Congress ad- voters who register by mail verifying acceptable forms of identification: util- dressed in this bill is the abuse of mail the identify of the voter at some point ity bill, government check, bank state- registration cards, created by Congress before they cast their first vote. ment, or drivers license—no dog li- as part of the National Voter Registra- It must be noted, that in drafting the censes, please. In lieu of the individual tion Act, for the purpose of committing bill, the authors of the Senate bill con- providing proof of identity, States may vote fraud. The creation by Congress of ducted extensive research. It was the also electronically verify an individ- the mail registration cards opened an conclusion of the authors based on the ual’s identity against existing State new avenue for vote fraud in many research that it is in the capacity of databases. This should go a long way States. NVRA requires States and lo- the chief state election official and the toward solving the fraud occuring in calities to accept registration cards overwhelming majority of election ju- South Dakota. through the mail while limiting the risdictions to track the names of those States will be required to maintain a ability of states and localities to au- who register by mail. With that infor- statewide voter registration list. thenticate or verify the registrations. mation, the election jurisdictions will Mail-in registration cards will now Accordingly, the mail-in registration have accurate and ample information require applicants specifically to af- cards have become a means of unscru- to determine which voters will be re- firm their American citizenship. pulous individuals to register the quired under the terms of this statute The bill makes it a Federal crime to names of deceased, ineligible or simply to present identification at the polls. It conspire to commit voter fraud. Those non-existent people to vote. has been argued that there is likely to behind illegal vote fraud activities will In my home State of Missouri, there be confusion at the polls because states be subject to penalties, not just the is abundant evidence of these cards will not have the information as to poor operatives who signed the fraudu- being used for the purpose of getting first time voters. This concern was lent applications. phony names, the names of the de- carefully weighed by the bill’s authors Voters who do not appear on a reg- ceased and even the names of pets on and the conferees and it was agreed istration list must be allowed to cast a voter rolls. Someone even registered that the evidence does not support the provisional ballot. Voters without the deceased mother of the prosecuting assertion. proper identification are also allowed attorney of the City of St. Louis. Regarding the numerous criticisms of to vote provisionally, but no provi- Names have been registered to drop- this section: this provision will not re- sional ballot will be counted until it is houses, businesses, union halls, Mail- sult in voters being denied the right to properly verified as a legal vote under box Etc. and vacant lots. From there vote. Voters who do not have the iden- state law. the people behind the fraud can request tification required will be given the op- If a poll is held open beyond the time an absentee ballot in the name of the portunity to cast a fail safe ballot. provided by State law, votes cast after voter or attempt to go to the polls and Voters who are at the polls will cast a that time would be provisional and cast a vote under the assumed name. provisional ballot and those who vote held separately. Congress agreed that while the mail- by mail will have their ballots subject Finally, voters will be required to in- in cards have made registration more to additional review to determine va- clude either their driver’s license num- accessible, the policy has also created lidity of the registration. ber or the last four digits of their so- increased opportunities for fraud. To This provision does not single out cial security number on their voter address this, we created an identifica- those who register by mail in an im- registration form. Again, this reform tion requirement for first-time voters proper manner, rather it builds on the will also help in uncovering the fraud who register by mail. The security of existing structure Congress created in that is occuring in South Dakota. the registration and voting process is the National Voter Registration Act. I believe that these meaningful re- of paramount concern to Congress and When creating mail registration, Con- forms will go a long way to helping the identification provision and the gress recognized the potential for fraud states clean up voter rolls, and thus fraud provisions in this bill are nec- and authorized states to require mail clean-up elections. essary to guarantee the integrity of registrants to vote in person the first Will Rogers once said, ‘‘I love a dog. our public elections and to protect the time they vote. The approach proved to He does nothing for political reasons.’’ vote of individual citizens from being be inadequate so in this bill we took Our election laws should keep it that devalued by fraud. Every false registra- additional steps. The approach we way. tion and every fraudulent ballot cast took, however, was already paved in Mr. President, the Help America harms the system by cancelling votes the passage of the National Voter Reg- Vote Act contains many important cast by legitimate voters. It under- istration Act. provisions that will improve the equip- mines the confidence of the public that This provision is not discriminatory; ment voters use to cast ballots at the their vote counts and therefore under- the documents required for identifica- polls. It also will take major steps to mines public confidence in the integ- tion are widely available. The Depart- prevent fraud, which disenfranchises rity of the electoral process. ment of Transportation statistics re- voters by cancelling the votes of legal Under this new Federal requirement, port that more than 90 percent of voters with illegal votes. This bill fol- those who choose to register by mail Americans of voting age have a drivers lows in the path of the Voting Rights will have to show identification before license. But to be certain no one will be Act, the National Voter Registration the first time they vote in that juris- negatively impacted, the conferees in- Act and other Federal voting statutes diction. If the voter is registering to cluded carefully crafted and balanced the enhance the voting rights of all vote in a State that has a statewide identification requirements. The re- Americans and protect the exercise of voter registration system complying quired pieces of identification include their franchise. These important provi- with the requirements of this bill, the items widely available to all citizens, sions deserve further review so their voter will have to show identification including the disabled, the poor, new meaning and the intent of Congress in before the first time they vote in that citizens, students and minorities. including the provisions in the bill is state. The voter has to show identifica- For example, positive identification clearly understood. tion at some point between the time is required to apply and receive food By passage of this legislation, Con- they register and the time they vote. stamps. When applying for food gress has made a statement that vote To comply with the identification re- stamps, the required identification is

VerDate Mar 15 2010 20:38 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16OC2.REC S16OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10490 CONGRESSIONAL RECORD — SENATE October 16, 2002 very similar to that required in this The conferees intend that the photo number to be truly unique and some- bill, including a driver’s license or identification be something that is ex- thing election officials can use to de- some other identification that allows tremely difficult to falsify or procure termine on a periodic basis if a voter is the state to verify the identify of the under false pretenses. still eligible to vote in that jurisdic- applicant for the purpose of preventing Congress intends the Help America tion. The social security number and fraud. Provision and verification of an Vote Act to work along side the Na- driver’s license number are issued by existing social security number is re- tional Voter Registration Act. How- government entities and are truly quired before a person can qualify for ever, the identification provision, sec- unique to the voter. They are the most Federal temporary assistance. The tion 303(b) Requirements for Voters unique numbers available, that is why steps taken in this bill are in line with Who Register By Mail, may be read by the conferees require the voter to give the steps taken by the Federal Govern- some courts or other parties to require the number. ment to prevent fraud in welfare assist- action or conduct prohibited by NVRA. Again, it is the intent of the con- ance. Surely clean elections, accurate It is the intent of Congress that vot- ferees to impose a new Federal man- results and faith in the election process ers who register by mail show identi- date for voter registration. is as an important of an objective as fication. If a court reads this obliga- preventing welfare fraud. The conferees tion to conflict with any other statute, Under this bill, the use of the full so- also agree that the provision is some- it is the intent of Congress that section cial security number is not required, a thing that can be readily complied 303(b) of the Help America Vote Act partial social security number is re- with by the disabled. As we know, control in such a situation. Congres- quired. That requirement does not con- many of the disabled are in the work sional intent is reflected by the pres- flict with the terms of the Federal pri- environment, therefore will be in pos- ence of section 906, which clearly states vacy act. The privacy act states that session of a paycheck or tax return or that this section will be controlling. people cannot be required to give their other government document bearing The conferees recognize that many social security number except for lim- the name and address of the voter. As States have taken steps to address ited purposes. Registering to vote is stated, Federal benefits require an fraud. A number of those steps may go not one of the exceptions. But the pri- identification. For those who use state beyond that set in this bill. It is the vacy act protection is limited to the or federal services, they again will agreement of the conferees that this full social security number, there. have identification or another govern- bill in no way limits the ability of the The conferees do not want this re- ment document related to the provi- states from taking steps beyond those quirement to conflict with the privacy sion of the service. Again, great steps required in this bill. For instance, sev- act, therefore, language was included have been taken to ensure that all eral States require those who register in the bill to clarify the privacy act Americans can comply with this provi- by mail to vote in person the first time with regard to the partial social secu- sion. they vote. This bill does not limit a rity number. The bill clarifies that the The aged, disabled, the poor and State from taking this additional step partial social security number is not members of minority groups are most to address fraud. Each of the steps covered by the privacy act, so asking often the target of fraudulent registra- taken in this bill to address fraud shall for four digits will not conflict in any tion and absentee ballot fraud schemes be considered to be a minimum stand- way. that take advantage of the lack of se- ard. Finally, It is important to note that curity in the system, their ability to This legislation sets an additional states that utilize full social security register to vote and cast a ballot will Federal mandate. All people reg- numbers for voter registration appli- be enhanced most by this legislation. istering to vote for a Federal election cants can continue to do so after pas- The identification requirements do will be required to provide a driver’s li- sage of this legislation. This new reg- not run afoul of the Voting Rights Act. cense number or the last four digits of istration requirement is a minimum In fact, Assistant Attorney General for their social security number on the standard. If a state requires applicants Civil Rights Ralph Boyd in a letter to registration card when they register to to provide more information—such as the Senate stated that the identifica- vote. If an applicant has neither, the their entire nine-digit social security tion provision does not violate the Vot- registrant should indicate so and the number—this legislation will not over- ing Rights Act. The identification re- State will provide a number at the ride that state requirement. quirement gives the voter choices as to time the application is processed. No where and at what point in the process registration can be processed unless Section three of the legislation is to produce identification. The ability this information is included. known as the minimum standards sec- of the states to apply this provision in The authors of this bill found that tion. It includes minimum standards an arbitrary or discriminatory manner voter rolls across the country are inac- for federal election to be adopted by is limited by giving the choice to the curate or in very poor order, the condi- the states. The first of the mandates voter. Furthermore, Congress explic- tion in many jurisdictions, particularly concerns the voting system, which in- itly provided that the identification re- the large jurisdictions, are in a state of cludes the type of voting machine or quirements are to be administered in a crisis. Voter lists are swollen with the method used by a jurisdiction. This uniform and nondiscriminatory man- names of people who are no longer eli- section will require the voting system ner. Election officials must ask all peo- gible to vote in that jurisdiction, are to meet minimum standards. However, ple for identification when the legisla- deceased or are disqualified from vot- the legislation does not seek to ban the tion calls for it. ing for another reason. It has been use of a particular type of system and The first time voter ID requirements found that 650,000 in this country are it does not instruct a jurisdiction as to for those who register by mail are obvi- registered in more than one State. As what type of system to use. The intent ously not discriminatory since they of October of 2002, 60,000 people were of the bill is to improve the system apply to all voters regardless of race, registered in Florida and at least one used; it is not the intent of the legisla- color or ethnic origin and must be ap- other state. In St. Louis County, some tion to prohibit a jurisdiction from plied in a uniform and nondiscrim- 30,000 people were registered to vote in using any type of system or to ban a inatory manner. the county and at least one other coun- voting system. It must be noted that one form of ty in the State. Under this minimum standard, the identification required is a current The conferees agree that a unique voting system in every jurisdiction will valid photo identification. It is the in- identification number attributed to have three requirements. First, the tent of the conferees that this identi- each registered voter will be an ex- voter has to be permitted to verify the fication be issued by a government en- tremely useful tool for State and local votes they cast. This requirement gives tity or a legitimate recognized em- election officials in managing and the voter the opportunity to review the ployer. The conferees agree that the maintaining clean and accurate voter ballot after it is filled out and before it identification should not be that of a lists. It is the agreement of the con- is cast so that the voter himself can de- party organization, a political organi- ferees that election officials must have termine if he made a mistake in filling zation, a club or a retail establishment. such a tool. The conferees want the out the ballot. The second requirement

VerDate Mar 15 2010 20:38 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16OC2.REC S16OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 16, 2002 CONGRESSIONAL RECORD — SENATE S10491 gives the voter the right to a replace- istered or for those who are not eligible section only covers those who vote as a ment ballot. The intent of this provi- to vote in the election. The intent is to result of the order, it does not cover sion follows on the verification provi- provide protection to those who in fact those who are in line before the polls sions; if a voter finds that he has made registered but do not appear on the close but cast their ballot after the a mistake he can ask a poll worker for register because of an administrative closing time. a replacement ballot for the voter to mistake or oversight. Those who vote as a result of the fill out and cast. The first ballot, of Before one can get a provisional bal- order will cast a provisional ballot and course, will be invalidated by the poll lot, the voter must sign an affidavit at- the ballots are to be held separately workers. This provision also applies to testing to the fact that he believes he from other provisional ballots cast in mail-in voting and absentee voting. It registered to vote in that jurisdiction that race. does not require a state or jurisdiction and that he is eligible to vote in that As we have seen before in elections, to do anything other than provide a election. So in addition to the registra- lower courts have issued orders to ex- voter the opportunity to get a replace- tion question, the voter must also tend polling hours only to have their ment ballot. It is incumbent upon the state that he is not disqualified from order overturned later in the day. But voter to do so before any deadline for voting in the election, such a reason prior to passage of this bill, once bal- submitting the absentee or mail ballot. may include felony status or the voter lots are cast, we have no way of re- The next voting machine related re- has already cast an absentee vote in trieving those ballots and candidates quirement has to do with over votes, the race. will be credited with votes that should voters who cast more than one vote in Once the voter turns over his ballot, never have been cast. With the method a single race and spoil their ballot. Cer- it will not be tabulated until the infor- required by this legislation, the ballots tain voting technologies, such as the mation provided by the voter as to his of those voting based on the order will DRE, precinct-based opti-scan and registration status is verified. In be segregated and identifiable. If the lever machines, notify the voter that verifying the information about the order is overturned, the parties in- they have voted more than once in a voter, the language of the statute volved in the election and perhaps the single race. If the technology can no- states that the information provided courts can then determine how to rec- tify the voter, this section requires shall be transmitted to a state or local oncile those ballots. It only seems fair that it is employed and voters be noti- election official for verification of the that if the order is overturned and a fied. There are certain technologies information. This language reflects the higher court decides that the polling that do not notify the voters of over- intent of the authors of the bill that hours should not have been extended, voters, such as paper ballots, central the registration and eligibility of the then the ballots cast as a result of that count systems, punch-card systems and voter be verified by an election official order should not count for or against absentee ballots. To satisfy the re- before the ballot is counted. It is also any of the candidates. quirement, jurisdictions that use this the intent of the authors that the The legislation also requires states system will be required to have in verification be done by someone other to set up a computerized, statewide place a voter education system to in- than the poll workers and that the bal- voter registration system to maintain form the voter of the consequences of lot be segregated from other ballots the names of all registered, eligible overvoting and the remedies that are until that information is verified. The voters. It has been discovered that in available should they overvote. This is authors went to lengths to ensure that states across the country, registration a compromise and it is consistent with the ballot is not simply counted once lists contains the names of people who the clear intent of the authors of this cast, rather a review of the informa- have left the jurisdiction, who are not bill not to eliminate any type of voting tion is to be conducted on the status of eligible to vote because of their status system and allow jurisdictions to the voter. as a felon, who are deceased or who are choose the system that is best for that Furthermore, ballots will be counted not eligible to vote in that jurisdiction jurisdiction. according to state law. If it is deter- for any number of reasons. The legislation also requires every mined that the voter is registered in a As I prepared to draft this legisla- jurisdiction in every State to offer vot- neighboring jurisdiction and state law tion, I reviewed the voting lists in two ers who claim to be registered in a ju- requires the voter to vote in the juris- jurisdictions in my State, St. Louis risdiction but do not appear on the diction in which he is registered, mean- City and St. Louis County. In the city, voter rolls for that jurisdiction the ing the vote was not cast in accordance I found that one in ten voters were also right to cast a provisional ballot. If the with State law, the vote will not count. registered somewhere else in the State voter provides the required informa- It was contemplated by the authors of and at the time of the November 2000 tion and attests to their belief of being the statute that under such cir- election, there were more registered properly registered, the voter will be cumstances, the vote will not count. It voters than there were city residents of given a provisional ballot. No voter is not the intent of the authors to over- voting age. In St. Louis County, I will be turned away from the polls be- turn State laws regarding registration found nearly 35,000 people who were cause of a mistake or oversight at the or state laws regarding the jurisdiction registered somewhere else in the State. administrative level. in which a ballot must be cast to be It was not unusual to find people who There are several points I want to counted. were registered four times in the state. make as to how the provisional vote is Additionally, it is inevitable that It is well documented that registra- to operate. I also want to clarify the voters will mistakenly arrive at the tion lists around the country as in dis- intent of the authors as to the extent wrong polling place. If it is determined array; they are bloated and contain the and limit of the right conferred on the by the poll workers that the voter is names of thousands of people that no voter by this section. registered but has been assigned to a longer belong on the list. In part, this The provisional ballot will be ex- different polling place, it is the intent is because we live in an increasingly tended to those who arrive at the polls of the authors of this bill that the poll mobile society. It is also because con- to find that their name does not appear worker can direct the voter to the cor- gress made it more difficult for local- on the register of voters. The statute rect polling place. In most States, the ities to maintain clean lists when states that the poll worker shall in- law is specific on the polling place Motor Voter was passed. form the voter of the right to vote by where the voter is to cast his ballot. Under this law, States will be re- provisional ballot. That right, however, Again, this bill upholds state law on quired to maintain a State system and is extended to those who believe that that subject. therefore the central database of infor- they are registered to vote and are reg- The legislation also speaks to efforts, mation containing the names of all istered to vote in that particular juris- through litigation or otherwise, to ex- registered voters in the state. diction. tend polling hours beyond those set by In most States, registration will be It is not the intent of the authors of law. Under this bill, those who vote in maintained for the first time on a this bill to extend the right to vote by an election as a result of an order ex- statewide basis rather than jurisdic- provisional ballot to everyone who tending polling hours, they will be re- tion by jurisdiction. This will not af- shows up at the polls and is not reg- quired to cast a provisional ballot. This fect the obligation on the States to

VerDate Mar 15 2010 20:38 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16OC2.REC S16OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10492 CONGRESSIONAL RECORD — SENATE October 16, 2002 conduct list maintenance according to the Voting Rights Act. Is that the un- against fraud. A State’s use of a state- the provisions of the National Voter derstanding of the conferees on alter- wide voter registration list will not, Registration Act. First, for those nate language accessibility? however, override State registration States who are exempt from motor Mr. BOND. That is correct. The Vot- requirements. Thus, even though a vot- voter, this will not affect that exemp- ing Rights Act requires certain voting er’s registration information has been tion and it will not affect the way they materials to be available to the lan- entered into the statewide list that maintain their voter lists. All other guage groups delineated in the Voting does not mean a voter will never have States must comply with NVRA main- Rights Act statute. The language in to re-register if that voter moves to a tenance provisions. This legislation the bill simply States that the statute different jurisdiction within the State. does not limit the circumstances under should be enforced. It is the intent of The intent of the conferees is to pro- which States can remove names from the authors to display our belief that vide a centralized list of registered vot- voter lists. The notice provisions must enforcement of the Voting Rights Act ers to help guard against fraud. The in- still be complied with, although they is important but it is not the intent of tent is not to create one-time registra- have been altered by the terms of this the authors to expand that right. tion for voters and force States to let legislation. Mr. MCCONNELL. If the Senator individuals vote from locations other The requirement for a state-wide reg- would yield, I have a few more ques- than the precinct in which the voter is istration system will enhance the in- tions. registered. tegrity of our election process, making This bill makes significant changes I ask the Senator from Missouri if it easier for citizens to vote and have in the voter registration process for my explanation of these provisions re- their ballots counted, while clearing Federal elections. These changes are flects the intent of the conferees on ineligible and false registrations from designed to clean up our Nation’s voter this legislation? the voter rolls. registration lists and reduce fraudulent Mr. BOND. I agree with the Senator The Help America Vote Act also in- registrations and voting. Congress has from Kentucky. His understanding of cludes two new crimes directed at a compelling interest in protecting the these new voter registration provisions those who commit vote fraud. This integrity of the Federal election proc- is correct. These provisions were de- should be taken as further evidence of ess. This legislation will further that signed to create more accurate voter the extent of the concern of the con- interest by helping to ensure accurate lists and help ensure the integrity of ferees and Congress at large about voter rolls, which is the first step in elections. Recent studies have found voter fraud and the lengths that should ensuring fair elections. The senior Sen- that there are more than 720,000 people be gone to stop voter fraud. One sec- ator from Missouri was a conferee on registered in more than one State. Du- tion in particular section, 905(a), re- this bill and he has seen many in- plicate registrations provide the oppor- quires additional clarification. stances of duplicate voter registrations tunity for unscrupulous people to com- This section is as well intended to and voter fraud in his State. I would mit fraud and undermine honest elec- work with NVRA. Under NVRA, people like to ask the Senator from Missouri tions by, in effect, invalidating legally who use the mail registration card for if his understanding of the function cast ballots. the purpose of committing vote fraud and purpose of these new provisions is Voter fraud can occur in many ways: are subject to a criminal penalty. The consistent with my understanding and submitting registration forms in the reading of NVRA appears to limit that the intent of the conferees on this con- name of deceased or fictitious people is to the person who actually commits ference report. one of the most common. But some the act, whether it be sign the false The conference report on H.R. 3295 folks even fill out registration cards in card, mail the false card or turn it in requires that individuals who register the name of their pet. In my home to the election officials. Section 905(a) to vote on or after January 1, 2004, for State of Missouri and in several other of the Help America Vote Act, is in- Federal elections must provide their States and localities across the coun- tended to extend that reach of the stat- driver’s license number on the registra- try, we have seen serious documented ute to cover those who organize the tion form. If the individual has not cases of fraudulent voter registrations. fraudulent use of mail registration been issued a valid driver’s license I have spoken many times of the fraud cards or who conspire with others to number, then that individual must pro- in St. Louis in the 2000 election and use the mail registration cards to com- vide the last four digits of his or her this is an ongoing and indeed, a nation- mit vote fraud. Therefore, it is clear it social security number on the registra- wide, problem. Just last week, we is the intent of Congress to extend the tion form. In the unlikely event that learned that the FBI is investigating reach of the law to get the conspirators an individual has neither been issued a widespread voter fraud in South Da- and the ring leaders in committing driver’s license number, nor a social se- kota and Pennsylvania. vote fraud. curity number, the State shall issue Based on the extensive documenta- Mr. President, I close expressing my that individual a random registration tion we have seen, there can be no sincere appreciation to the staff. On number. doubt that voter fraud is a serious and Senator DODD’s staff: Shawn Maher, The State will then verify the reg- real problem in Federal elections. The Kennie Gill, and Ronnie Gillespie. On istration information provided by the use of driver’s license numbers and full Senator MCCONNELL’s staff: Brian individual with information in the or partial social security numbers will Lewis, Leon Sequeira, and Chris Moore. State’s department of motor vehicle help elections officials to verify the On the staff of Congressman NEY: Paul database. The State’s department of identity and eligibility of individuals Vinovich, Chet Kalis, Roman Buhler, motor vehicle database will be also be and reduce fraudulent voter registra- Matt Peterson, Pat Leahy. On Con- cross-checked against Social Security tions from being added to our voter gressman HOYER’s staff: Keith Administration records. It is important rolls. Abouchar, Lennie Shambon, and Bill to note that States that utilize full so- I should also note that these provi- Cable. cial security numbers for voter reg- sions apply to all registrants for Fed- Mr. MCCONNELL. Mr. President, I istration applicants can continue to do eral elections regardless of the reg- thank Senator DODD for that state- so after passage of this legislation. istrant’s race, color or ethnic origin. It ment which clearly reflects the intent This new registration requirement is a is not a burdensome or discriminatory of the authors of the bill on these im- minimum standard. If a State requires requirement in any way. In fact, sev- portant sections. If the Senator would applicants to provide more informa- eral States already require individuals yield, I would like to ask him some tion—such as their entire nine-digit so- to provide this type of information on questions regarding various sections of cial security number—this legislation voter registration applications. Some this bill. will not override that State require- States require even more information This conference report has a section ment. from applicants, such as their full nine- on alternative language accessibility of Furthermore, the new computerized digit social security number. We have voting systems, but the bill does not statewide registration systems that we seen that States that require addi- expand the language accessibility be- require States to implement will also tional identifying information from yond what is already required under help safeguard voter registration lists registrants have substantially fewer

VerDate Mar 15 2010 20:38 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16OC2.REC S16OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 16, 2002 CONGRESSIONAL RECORD — SENATE S10493 duplicate and fraudulent registrations tively declare their U.S. citizenship, we istered and eligible to vote in that ju- on their voter rolls. help ensure that only eligible voters risdiction. So, again, I agree with the Senator of vote in Federal elections. In other words, the provisional ballot Kentucky and am pleased to report the Mr. MCCONNELL. I would also like will be counted only if it is determined conferees agreed that voter fraud is a to ask the senior Senator from Mis- that the voter was properly registered, serious problem and included these pro- souri about language in section 301 of but the voter’s name was erroneously visions to help reduce that fraud and the conference report. Section 301(a)(1), absent from the list of registered vot- clean up the Nation’s voter rolls. regarding Voting System Standards, ers. This provision is in no way in- Mr. MCCONNELL. I would also like says a voting system shall permit a tended to require any State or locality to ask my fellow conferee, the Senator voter to verify in a private and inde- to allow voters to vote from any place from Missouri, about another voter pendent manner the votes selected. other than the polling site where the registration provision in this legisla- Section 301(a)(1) also says a voting sys- voter is registered. tion. It is my understanding that some tem shall provide a voter an oppor- Further, as the Senator from Ken- voter registration applications cur- tunity in a private and independent tucky correctly pointed out, if State rently in use are ambiguous with re- manner to change his or her ballot be- law permits the challenge of provi- gard to questions about an applicant’s fore the ballot is cast and counted. sional voters by someone other than citizenship status. Because of these Am I correct that the conferees in- election officials, this legislation does ambiguous questions and instructions cluded the language ‘‘in a private and not prevent that particular State prac- for answering the questions, the con- independent manner’’ to ensure that tice. ferees concluded that registration individuals can verify and change their Mr. MCCONNELL. I thank the distin- forms should provide additional guid- votes free from intimidation or coer- guished Senator from Missouri for his ance to registration applicants and cion from poll workers, election offi- insightful answers to my questions and election officials who process voter cials or others? for his tireless work on this conference registrations. Mr. BOND. The Senator from Ken- report. I urge my colleagues to vote for This legislation requires that voter tucky is correct. The language ‘‘in a the conference report. registration applications contain a private and independent manner’’ was Today is a monumental day for the question asking whether the applicant added to the Voting System Standards United States Senate. After 22 months is a U.S. citizen and boxes for the ap- requirements to underscore the con- of hard work, we are finally ready to plicant to answer the question by ferees’ belief that voters should not be vote, and hopefully overwhelmingly ap- checking ‘‘yes’’ or ‘‘no.’’ If neither box harassed or intimidated at the polling prove, election reform legislation. The is checked, the election official must place. Section 301(a)(1)(C) of the con- House-Senate conference committee return the application to the individual ference report also emphasizes that the has presented this body with an out- with instructions to complete the privacy of the voter and confidentiality standing piece of legislation. form. In effect, we have created a sec- of the ballot is paramount. If a voter This conference report will usher in ond-chance registration opportunity. chooses to review his ballot and or tremendous improvements to the elec- The individual’s registration applica- make changes to his ballot, he should tions process across this country and tion cannot be processed and the indi- be able to do so free from the inter- the Federal Government will share the vidual cannot be registered unless the ference of others. costs. Through the establishment of an citizenship question is answered—and Mr. MCCONNELL. I have a couple of independent bipartisan commission, answered affirmatively. The registra- more questions for the Senator from States will receive the best objective tion form shall also inform the appli- Missouri. The Conference Report on information on improving election sys- cant of this procedure I have just de- H.R. 3295 contains a new requirement tems. scribed. that voters in Federal elections have The conference report will ensure Mr. BOND. The Senator from Ken- the opportunity to cast a provisional that those who are legally registered tucky has accurately described the in- ballot in cases where that person’s and eligible to vote are able to do so, tent and effect of this provision. I name does not appear on the list of eli- and do so only once. The new require- would also add, as I am sure the Sen- gible voters at a polling site and the ments for the creation of statewide ator from Kentucky recalls, we learned voter declares that he or she is prop- voter registration databases, voter reg- that many jurisdictions in this country erly registered to vote at that polling istration and mail-in registrants vot- have experienced continual confusion site. I would like to ask the senior Sen- ing for the first times are the core of over citizenship questions on registra- ator from Missouri about the provi- the new protections against fraudulent tion forms. Some jurisdictions simply sional ballot requirement. registration and fraudulent voting. discard registration applications or do Am I correct that this legislation I thank the State and local organiza- not process the application when an in- does not require a State or locality to tions that have been there with us dividual does not answer the citizen- count a provisional ballot cast by an from the beginning and a special thank ship question. Other jurisdictions reg- individual who is not properly reg- you to Doug Lewis from the Election ister individuals even though the indi- istered in the jurisdiction where the in- Center. Mr. President, I ask unanimous vidual did not answer the citizenship dividual attempts to vote? And further- consent to have printed in the RECORD question. Both of these scenarios more, this legislation does not require a list of those organizations whose ex- threaten the integrity of Federal elec- a State or locality to permit a voter pertise and support was invaluable tions. By requiring that incomplete who is not registered in a jurisdiction throughout the process. registration cards be returned to appli- to vote from that jurisdiction? The PRESIDING OFFICER. Without cants, we help ensure that those who And am I also correct that a provi- objection, it is so ordered. innocently overlooked part of the reg- sional ballot will be provided to a voter (See exhibit 1.) istration form will be provided a sec- if a poll worker or other individual, Mr. MCCONNELL. Once again I would ond opportunity to complete it. pursuant to State law, challenges a like to thank and congratulate Sen- As previously Stated, Congress has a voter’s eligibility to cast a ballot? ators’ DODD and BOND and Congressmen compelling interest in protecting the Mr. BOND. I agree completely with NEY and HOYER and the rest of the elec- integrity of the Federal election proc- the Senator’s description of this provi- tion reform conferees. ess. The conferees on H.R. 3295 believe sion. Congress has said only that voters I strongly urge my colleagues to join that through this additional instruc- in Federal elections should be given a me in supporting this historic con- tion about the citizenship question, provisional ballot if they claim to be ference report. both voter registration applicants and registered in a particular jurisdiction In my remarks yesterday I thanked elections officials will take the appro- and that jurisdiction does not have the the various staff members on both priate actions to ensure those who are voter’s name on the list of registered sides of the aisle for their outstanding entitled to register are actually reg- voters. The voter’s ballot will be count- work. istered. Through this clarification and ed only if it is subsequently determined Also I ask unanimous consent an edi- requirement that individuals affirma- that the voter was in fact properly reg- torial in today’s Wall Street Journal

VerDate Mar 15 2010 20:38 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16OC2.REC S16OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10494 CONGRESSIONAL RECORD — SENATE October 16, 2002 called ‘‘Dead Men Voting’’ about the Vote 2008, says his organizers are encour- polls to vote and does not have identi- scandal unfolding in South Dakota be aging ‘‘strong absentee balloting.’’ Pine fication or does not appear on the vot- printed in the RECORD. Ridge Reservation residents told me that 11 ing rolls, the presiding election official There being no objection, the mate- workers are being paid $14 an hour to con- will challenge the voter, and his or her tact voters. The statewide Indian voter rial was ordered to be printed in the project is run by Brian Drapeaux and Rich ballot will be treated as a challenged RECORD, as follows: Gordon, two former staffers for Sen. Daschle. vote. The presiding election official [From the Wall Street Journal, Oct. 16, 2002] Democratic officials say they’ve fired Ms. keeps a list of voters challenged and VOTER FRAUD WANDERS OFF THE Duta and claim they were the first to bring the reason why they were challenged. RESERVATION the fraud to light. Ms. Enright, the Dewey After the time for voting expires, the (By John H. Fund) County auditor, says that claim isn’t true presiding election official seals the list. and is ‘‘pure spin.’’ Today the Senate will approve and send to The challenged votes are counted on Voter fraud isn’t unknown on reservations. President Bush a landmark bill that will up- election day. In the even of a recount, Democrats have often given out free tickets grade voting machines and begin to curb the to Election Day picnics for voters on the and if the challenged ballots could voter fraud that is creeping into too many Pine Ridge Reservation, where 63% of people make a difference in the outcome of close elections. It can’t come soon enough. live below the poverty level. In 1998, that the election, the ballots and list are ex- Last week, a massive vote-fraud scandal prompted U.S. Attorney Karen Schreier, a amined by the appropriate authority. broke out in a Senate race in Tom Daschel’s Democrat, and Attorney General Barnett, a home state of South Dakota that could de- The distinguished Chairman and Rank- Republican, to write an unusual joint letter termine control of that body. ing Member of the Senate Committee to county auditors noting that ‘‘simply of- The FBI and state authorities are inves- on Rules have done excellent work fering to provide’’ food or gifts ‘‘in exchange tigating hundreds of possible cases of voter crafting the important bill before us. I for showing up to vote is clearly against the registration and absentee ballot fraud. At- law.’’ Amazingly, Kate Looby, the Demo- would ask them whether, then, Maine’s torney General Mark Barnett, a Republican, cratic candidate for secretary of state this system complies with this Election Re- says the probe centers on or near Indian res- year, has criticized laws barring the holding form Act? ervations. ‘‘All of those counties are being of picnics for those who vote. She also wants Mr. DODD. I thank the Senator from flooded with new voters, ‘‘says Adele to drop restrictions on absentee voting. Maine for her excellent question and Enright, the Democratic auditor of Dewey Making voting easy is desirable, but only if County. ‘‘We just got a huge envelope of 350 for her steadfast support for election legitimate voters don’t have their civil right absentee ballot applications postmarked reform efforts. Let me assure her that cancelled out by those who shouldn’t vote. In from the Sioux Falls office of the Demo- Maine’s system does comply with the 1980, only about 5% of voters nationwide cast cratic Party.’’ Election Reform Act. Senator MCCON- absentee or early ballots. Now nearly 20% do. Steve Aberle, the Dewey County state’s at- ‘‘Absentee voting is the preferred choice of NELL, the distinguished Ranking Mem- torney, says, many of the applications are in those who commit voter fraud,’’ says Larry ber of the Rules Committee, do you the same handwriting. At least one voter, Sabato, a professor at the University of Vir- agree? Richard Maxon, says his signature was ginia. He suggests media outlets set up Mr. MCCONNELL. I thank the distin- forged. Mr. Aberle, a Democrat with rel- ‘‘campaign corruption hotlines’’ and begin atives in the Cheyenne River Tribe, says guished Chairman, and I also thank taking voter fraud seriously. The Miami Her- many Native Americans have wanted little Senator COLLINS for her excellent ques- ald won a Pulitzer Prize in 1998 after its sto- to do with ‘‘the white man’s government.’’ tion and for her steadfast support for ries on how 56 absentee-ballot ‘‘vote bro- But this year many tribal elections have election reform efforts. Let me also as- kers’’ forged ballots in a Miami election. The been scheduled for Nov. 5, the same day as sitting mayor was removed from office. sure her that I agree with Senator the critical election for Democrat Tim John- In Texas, Democrat state Rep. Debra DODD that Maine’s system does comply son’s Senate seat. A Democratic Senatorial Danburg, who chairs the state House elec- with the Election Reform Act. Campaign Committee memo last month tions panel, has tried without success to re- Ms. COLLINS. I want to thank the noted that the ‘‘party has been working form absentee-ballot laws that are so loose Senior Senator from Connecticut and closely with the Native population to reg- she says they make ‘‘elderly voters a target ister voters and Senator Johnson has set up the Senior Senator from Kentucky for group for fraud.’’ Eric Mountain of the Dal- campaign offices on every reservation.’’ their assistance and congratulate them More and more counties are uncovering las County district attorney’s office says on the impending passage of this bill. some campaigns have paid vote brokers $10 fraud. Rapid City officials are investigating ELECTION REFORM REIMBURSEMENT to $15 a ballot. Many seniors are visited at two brothers who may have forged registra- Mr. ALLEN. Mr. President, I have a tions. Denise Red Horse of Ziebach County home and persuaded to have someone mark an absentee ballot for them. Others have ab- question about the impact of provi- died Sept. 3 in a car crash. But both Ziebach sions of this bill for the Ranking Mem- and Dewey counties found separate absentee- sentee ballots stolen from their mailboxes. The law Congress is passing addresses some ballot applications from her dated Sept. 21 in ber of the Rules Committee, the Sen- of the problems the federal government cre- bundles of applications mailed from Demo- ator from Kentucky, Mr. MCCONNELL ated with the 1994 Motor Voter Law. Let’s cratic headquarters. Maka Duta, who worked and the Senator from Missouri, Mr. hope the latest scandal in South Dakota— for the Democratic Party collecting registra- BOND, who has been involved in the uncovered only due to incredibly sloppy tions in Ziebach, bought a county history cheating—prompts states to examine their conference committee that reconciled book that contains many local names. Some own absentee-ballot laws so they will stop the House and Senate versions of H.R. are turning up in the pile of new registra- being treated as an engraved invitation to 3295. tions. At least nine absentee ballot requests fraud. I understand that this bill does allow have been returned by the post office. Mable localities that have upgraded voting Romero says she receive a registration card EXHIBIT 1 for her three-year-old granddaughter, Ash- equipment in the past two years to be ley. Some voters claim to have been offered Thank you to the following organizations reimbursed retroactively, and I support cash to register to vote. In both Dewey and for their significant contributions and stead- this decision. We ought to reward, Ziebach counties, the number of registered fast support: rather than penalize, those States and voters easily exceeds the number of residents Election Center; localities that have aggressively moved over 18 counted by the 2000 census. National Association of Secretaries of ahead since November 2000 to improve State; Renee Dross, an election clerk for Shannon the processes and procedures for voting County, says her office has received some National Association of Counties; 1,100 new voter registrations in a county National Conference of State Legislatures; and elections. with only 10,000 people. ‘‘Many were clearly National Association of State Election Di- In Sections 261–263, having to do with signed by the same person,’’ she says. Some rectors; and payments to States and units of local registrants actually live in neighboring Ne- National Association of County Recorders, government to assure accessibility for braska. As in most states, South Dakotans Election Officials and Clerks. individuals with disabilities, however, are on an ‘‘honor system’’ and don’t show CHALLENGE BALLOTS it is not clear whether the payments photo ID to register or vote. Only the un- Ms. COLLINS. Maine has same day made may be made retroactively, and precedented flood of applications raised any registration so a voter can register at this concerns me. I expect that this suspicions. the polls or at a public office nearby was the intent. This is important, how- State Democrats told the Christian Science Monitor they expect 10,000 new votes and vote on the same day. If someone ever, because in Virginia, and, I believe from the Indian reservations this year. In challenges the voter’s right on that in several other States such as North 1996, Sen. Johnson won by only 8,600 votes. day, the ballot is marked as a chal- Carolina and Rhode Island, the State Russell LaFountain, the director of Native lenged ballot. If a voter goes to the Board of Elections and the localities

VerDate Mar 15 2010 20:38 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16OC2.REC S16OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 16, 2002 CONGRESSIONAL RECORD — SENATE S10495 have made a concerted effort to im- I also appreciate the Conference voter registration procedure, voter par- prove polling place accessibility over Committee’s stated desire that the pro- ticipation continues to decline. Al- the past two years. And I believe that gram be fully funded. That being said, though registering to vote at the DMV for this November’s elections Virginia I must ask my colleagues the difficult generally is more convenient than will be very close to 100 percent of all question: What if it isn’t fully funded? other methods of registration, a sub- polling places being 100 percent acces- We must consider the consequences if a stantial portion of registered voters sible. I would hate to have to tell my future Congress fails to provide ade- nevertheless continue to fail to reg- State and local officials that because quate funding for this legislation. ister to vote and fail to go to the polls they have stepped up to the plate and Mr. President, I stated my objections on election day. already made these polling places ac- to the unfunded mandates in this con- Voting via the Internet has been sug- cessible over the past two years that ference report back in February when gested as one possible solution to the they are ineligible to receive payment we first considered this legislation. problem. The Internet has revolution- for the improvements they have made. Today, I am once again stating my ized the way people communicate and So, I ask the Senators from Kentucky strong objection to even the mere pos- conduct business by permitting mil- and Missouri if they can assure me sibility that the burden of funding lions of people to access the world in- that States such as Virginia, which these mandates might fall upon the stantaneously, at the click of a mouse. have made polling place accessibility States. The Internet has already increased improvements during the past 24 Having expressed this concern, I also voter awareness on issues of public pol- months, are eligible for payment from want to mention that this conference icy as well as on candidates and their the Secretary of Health and Human report makes several necessary and im- views. In the future, the Internet may Services for their costs of making poll- portant changes to our current system very well increase voter registration ing places accessible for individuals of voting, which is burdened with prob- and participation, and thereby with disabilities that were incurred lems ranging from claims of voter strengthen our country’s electoral during that 24-month period? fraud to a lack of accessible voting de- process. Mr. MCCONNELL. The Senator from vices for many disabled Americans. Mr. President, as many of us have Virginia is correct. States are eligible This conference report also includes an seen in the recent past, more and more for reimbursement from the Secretary important Hatch-Leahy Internet vot- States are looking at ways to utilize of Health and Human Services for costs ing study that will lay the groundwork the Internet in the political process. incurred during the 24 months prior to for integrating new technology into Proposals include online voter registra- the enactment of this bill of making the political process. tion, online access to voter informa- As Americans, we have the right to polling places accessible to individuals tion, and online voting. State and local participate in the greatest democracy with disabilities. officials around the country are anx- in the world, and most will agree that Mr. BOND. I agree with the Senator ious to use the Internet to foster civic the act of voting is the bedrock of our from Kentucky, Mr. MCCONNELL. action. I think that this is a positive democratic society. Americans take Mr. HATCH. Mr. President, I rise step. In fact, today many States al- pride in the role they play in shaping today to speak in support of the con- ready allow for portions of the voter issues and determining their leaders, ference report to the ‘‘Help American registration process to be completed and yet, we see that voter participa- Vote Act of 2002.’’ online. For example, the Arizona State First of all, I’d like to thank Chair- tion in recent years has decreased Democratic Party allowed online vot- man DODD and Senator MCCONNELL, for among people of every age, race, and ing in the 2000 presidential primary and their leadership and extraordinary ef- gender. I find these statistics both dis- nearly 36,000 Arizona Democrats took forts that have led us to final consider- appointing and tragic because, as advantage of this opportunity. We can ation of this legislation today. Also, I’d Thomas Jefferson stated, ‘‘that govern- anticipate that this trend toward on- like to note that arriving at this point ment is the strongest of which every line voting will continue. has not been easy for the members of man himself feels a part.’’ the Conference, nor for their staffs, and Why is voter turnout so low? Of the Real questions remain, however, as I appreciate the hard work by everyone 21.3 million people who registered but to the feasibility of securely using the that led to this compromise. did not vote in the 1996 election, more Internet for these functions. How can That being said, I would be remiss if than one in five reported that they did we be sure that the person who reg- I failed to mention my concern about not vote because they could not take isters to vote online is whom he or she the impact that enactment of this leg- time off of work or school or because claims to be? How can we ensure that islation could have on States and local- they were too busy. Can technological an Internet voting process is free from ities, most of whom are experiencing advances, like the Internet, increase fraud? How much will this technology extreme budget shortfalls. I raised this participation in the electoral process cost? There are also important socio- issue when we first debated this legis- by making voter registration easier or logical and political questions to con- lation in the Senate and I am dis- by simplifying the method of voting sider. For example, will options like appointed that it has not been ad- itself? As the elected representatives of online registration and voting increase dressed in the conference report. the people, we should consider every political participation? Can the Inter- Title III of the Help America Vote option available that might help in- net be equitably used in the political Act of 2002 includes a series of new uni- volve more of our country’s citizens in process? form and nondiscriminatory require- America’s democratic process. Federal, We must be carefully evalate the ments for election technology and ad- State and local governments are duty issues that will arise as the civic privi- ministration. These requirements in- bound to encourage all eligible Ameri- lege of voting meets with technological clude voter verification of votes cast, a cans to exercise their right to vote. advances. The original study I proposed paper record for auditability and re- In the past, attempts have been made would have created a special commis- counts, and accessibility for to increase voter registration and turn- sion to conduct the study, which would invividuals with disabilities. If en- out. Unfortunately, these attempts have comprised of various experts acted, these requirements would apply have met with limited success. The ranging from First Amendment and to each voting system used in an elec- Motor Voter Act of 1993, for example, election law experts to technical ex- tion for Federal office. There is no attempted to increase voter participa- perts on the Internet and cyber-secu- question that these provisions have tion by permitting the registration of rity. While this type of Commission in far-reaching consequences. voters in conjunction with the issuance not part of this final conference report, Mr. President, I appreciate the intent of driver’s licenses. According to recent it is my hope that the Commission will underlying this legislation, which is U.S. Census Bureau reports, 28 percent nonetheless call upon advisors with that the system must be uniform in na- of the 19.5 million people who have reg- special expertise in these areas. ture across the entire country, if it is istered to vote since 1995 have done so Proponents of ‘‘electronic voting’’ to be successful in accomplishing the at their local Department of Motor Ve- (so-called e-voting’’) contend that goal of election reform. hicles. Notwithstanding this simplified there are numerous advantages to the

VerDate Mar 15 2010 20:38 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16OC2.REC S16OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10496 CONGRESSIONAL RECORD — SENATE October 16, 2002 emerging ‘‘cyber’’ political participa- curacies on the rolls of registered vot- In order to remove a voter’s name from tion, including the immediate disclo- ers. This is unacceptable in the United the list of registered voters, for any sure of campaign contributions, an in- States of America, where we take pride reason, election officials must comply crease in the number of grassroots vol- in our freedom to cast a vote for our with all of the preexisting require- unteers, and the creation of a more ac- leaders. ments of the National Voter Registra- cessible forum for political advertising. With the Help America Vote Act of tion Act of 1993. This act doesn’t Skeptics assert, to the contrary, that 2002, Congress has finally agreed on a change that. e-voting would only serve to decrease bipartisan solution to these problems. To further the study and improve- ‘‘real’’ electoral participation, place The conference report contains several ment of voting and the conduct of elec- personal privacy at risk, and pave the items to improve the administration of tions nationwide, the legislation cre- way for election fraud. The late Sen- elections for Federal office. First, it re- ates an Election Assistance Commis- ator Sam Ervin opposed simplifying quires that voting systems meet cer- sion, which will serve as a central voter registration and voting, stating tain minimum requirements, including clearinghouse on election administra- that he did not ‘‘believe [in] making is notifying voters of overvotes, allowing tion issues. Advised by State and local easy for apathetic, lazy people’’ to voters the opportunity to correct their officials, this commission will, among vote. ballots, and having a manual audit ca- other things, provide for the testing As we seek to ensure equal access to pacity. The voting system must give and certification of voting systems. Ul- the voting place and integrity of the disabled voters the ability to vote ‘‘in timately, the commission should iden- voting process, it would be irrespon- a manner that provides the same op- tify and report to Congress on con- sible for us to ignore the potential ef- portunity for access and participation, tinuing problems with election admin- fects, both good and bad, that new including privacy and independence, as istration and potential solutions. To facilitate voting by Americans technology may have on the political for other voters.’’ In addition, voting living abroad, particularly those serv- process. As I stand before you today, systems must operate under a max- ing their country in the Armed Forces, Mr. President, I do not know whether imum error rate as currently estab- the Act enhances the provision of elec- online voter registration and e-voting lished by the Federal Election Commis- tion information, extends the duration sion. These national requirements for will halt the decline in voter participa- of an application for an absentee bal- voting systems should significantly im- tion. I do not know whether online vot- lot, and requires states to accept early prove the ability of all voters to cast ing registration and e-voting even is submissions of ballots by such voters. wise. I firmly believe, however, that ballots that accurately reflect their in- Finally, the conference report au- these issues deserve serious examina- tentions. thorizes $3.9 billion in Federal funding tion as we seek to ensure that our Next, the legislation provides a fail- over the next few years to replace anti- democratic republic engages as many safe mechanism for voting on election quated voting systems, to educate vot- citizens as is possible. I am pleased day. It requires that all states allow ers on procedures and on their rights, that the Hatch-Leahy provision will voters to cast a provisional ballot at to train election officials, poll workers enable the study of forward-looking their chosen polling place if the voter’s and volunteers, to improve polling measures that will ensure our ability name isn’t on the list of eligible voters, place accessibility for individuals with to properly integrate new technology or an election official, for whatever disabilities, to promote research on in the political process. reason, declares a voter ineligible. In- voting technology, and to otherwise In closing, Mr. President, I reiterate cluded in the right to vote provision- comply with the requirements of the my concern that this Conference Re- ally is the right to have one’s eligi- act. Of this amount, $650 million is to port is an unfunded mandate on al- bility to vote promptly verified by the be made available on an expedited ready overburdened states. However, I State and then to have one’s ballot basis, in part for the immediate re- must look past that serious concern, counted in that election, according to placement of punchcard voting sys- and vote for this conference report be- State law. Finally, provisional voters tems, the bane of the 2000 Presidential cause of the important changes it have the right to know whether their election. This should be particularly makes to our current system. vote was in fact counted, and if not, helpful for Illinois, where the over- No American who has exercised the why it wasn’t. These measures seem whelming majority of voters still vote right to vote should ever have to won- dictated by common sense and fairness. by means of this troublesome tech- der if his or her properly cast vote will Yet, many States, including Illinois, do nology. In fact, Illinois will be eligible be counted. We must preserve the in- not guarantee voters such rights today. for up to $45 million of this early tegrity of the voting process and I, To secure the rights afforded by this money. The bulk of funds - $3 billion again, commend the efforts of those legislation, the Department of Justice over the next 3 years - is authorized who worked this compromise. Further, can ask the Federal courts to act. In specifically to help States meet the re- I believe that the Hatch-Leahy Inter- addition, States are required to estab- quirements set forth in this act. Illi- net voting study is an important step lish an administrative procedure open nois stands to receive up to $155 mil- forward in ensuring the legitimacy of to any person who believes a violation lion under this section. When these the voting process, and serves as a of any of the requirements has oc- sums are appropriated, states will at major enhancement to the conference curred, is occurring or will occur. long last have the resources to provide report. States are free to add additional safe- citizens with the best means available I urge my colleagues to join me in guards to protect these rights and are to exercise their right to vote. voting for this measure. encouraged to provide the most effec- Still, this legislation is not without Mr. DURBIN. Mr. President, I would tive remedy available to enforce them. its shortcomings. These include new like to commend the Senate for pass- Another key component of this legis- limitations on the way first-time and ing the Help America Vote Act of 2002 lation is the requirement that States newly registering voters are permitted today. This landmark legislation will implement an up-to-date, computer- to identify themselves, which could help the Nation avoid another debacle ized, interactive, statewide list of all create obstacles for some groups; the like the one that occurred during the registered voters that is accessible to lack of an explicit, strong federal rem- Presidential election in November of election officials in every jurisdiction. edy through which voters can individ- 2000. In that election, thousands of bal- This list is intended to help keep voter ually vindicate the rights granted lots in Florida and in my home State rolls current and accurate and to re- them in this legislation; and the ab- of Illinois went uncounted for a variety duce, if not eliminate, confusion about sence of a guarantee that the funds au- of reasons. In fact, over 120,000 voters a voter’s registration and identifica- thorized by this legislation will actu- in Cook County and thousands more tion when a voter arrives at the polling ally be appropriated by Congress and throughout the rest of the State did place. This section also provides safe- the President. Thus, Congress has an their civic duty and cast a vote during guards to preserve the confidentiality ongoing responsibility to provide the the last Federal election, only to have of voter identification information and funds called for in this Act and to mon- their ballots discounted because of to protect against improper purging of itor the implementation of its provi- problems with machinery and inac- names from the list. Make no mistake: sions over the next several years.

VerDate Mar 15 2010 20:38 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16OC2.REC S16OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 16, 2002 CONGRESSIONAL RECORD — SENATE S10497 Nonetheless, on balance, this legisla- localities in meeting the new require- and other discriminatory practices tion embodies a good faith, bipartisan ments, modernizing their voting sys- that kept voters away from the polls. attempt to ensure that every eligible tems, and making polling places acces- But if there is even an inadvertent flaw vote in an election for Federal office is sible to the disabled. in the design or administration of our accurately cast and counted and I sup- These are all important and needed voting systems that prevents Ameri- port its worthy goals. reforms and I strongly support them. cans from having their votes counted, Mr. KENNEDY. The ‘‘Help America Their effectiveness will depend on the it is our utmost responsibility to en- Vote Act’’ is timely and important bi- participation of all levels of govern- sure that we remedy the situation. partisan legislation to strengthen our ment, including adequate appropria- There is simply no excuse for the Nation’s election system and I urge the tions by Congress, and vigorous imple- most technologically savvy Nation in Senate to approve it. mentation of the reforms at the State the world to be using voting equipment The right to vote is the cornerstone and local level. that is 30 years old. And it is dis- of our democracy. As Chief Justice At the same time, however, I have se- turbing, to say the least, that much of Earl Warren said in 1964: ‘‘The right to rious concerns that some provisions of the oldest and least reliable equipment vote freely for the candidate of one’s this legislation create new Federal re- is found in the poorest counties across choice is the essence of a democratic quirements that could make it more the country. Often, people of color society, and any restrictions on that difficult for certain groups, particu- make up the majority of the popu- right strike at the heart of representa- larly racial and ethnic minorities, the lation in those counties. None of us tive government.’’ poor, the elderly, and people with dis- should ever again be in the position of Over the past century and a half, a abilities to register and to exercise having to explain to urban, minority number of constitutional amendments their right to vote. voters why a portion of their votes and major laws have been acted to ex- The bill requires first time-voters didn’t get counted, while their white pand and help protect this fundamental who register by mail to provide specific suburban neighbors, using better equip- right, including the 15th Amendment forms of identification. It requires the ment, could rest assured that there in 1870 prohibiting voting discrimina- invalidation of a registration when a were no voting irregularities in their tion because of race; the 19th Amend- voter inadvertently forgets to check off precincts that would have caused their ment in 1920 prohibiting voting dis- a duplicative ‘‘citizenship box.’’ It re- votes to be discarded. crimination because of gender; the Vot- quires that, when registering to vote, If we can’t promise all of our citizens ing Rights Act of 1965 outlawing ra- voters must either provide their driv- that their votes will count equally, cially discriminatory voting practices; er’s license number, or, if they lack then all of the past work this Nation the 26th Amendment in 1971 lowering one, the last four digits of their Social has done to guarantee the right to vote to women, people of color and the poor the voting age to 18; the Voting Rights Security number. We all have a strong will have been squandered. Act Amendments of 1982 which ex- interest in preventing voter fraud, but these requirements may not be an ef- I have some serious concerns about a panded the protections against racial number of provisions in this legisla- discrimination in the Voting Rights fective way to verify voter identity and, at the same time, they are very tion. But, because I believe we must Act; and, the National Voter Registra- use every tool available to us to uphold tion Act of 1993—the ‘‘Motor Voter’’ likely to create unnecessary barriers for voters. our citizens’ right to vote, I have de- law—which simplified voter registra- Congress, the new Election Adminis- cided to support this conference report. tion procedures. tration Commission created by the bill, On balance, I believe this bill will en- Now, the passage of the ‘‘Help Amer- and the Department of Justice must be able more people to exercise their fun- ica Vote Act’’ will add another impor- vigilant in ensuring that these provi- damental right to vote by setting uni- tant chapter to our continuing efforts sions do not restrict voting by certain form, minimum standards for Federal to protect and strengthen the right to groups and that they are enforced in a elections, by providing voters with a vote. ‘‘uniform and nondiscriminatory man- chance to check for and correct ballot The 2000 election taught the entire ner,’’ as the legislation requires. We errors, and by providing for provisional nation a valuable lesson. We learned know the potential harsh impact of ballots. These provisions, along with that every vote does matter—but that these provisions on those groups who funding to replace outmoded voting every vote is not always counted. Too have historically been denied full par- systems, provide substantial improve- often and in too many communities ticipation in elections, and we must do ments to the current system. across the nation, individuals who all we can to prevent any such impact. Unfortunately, the compromise has went to the polls on election day were To implement the bill in good faith, significant shortcomings that my col- denied the right to vote or did not have Congress and the Bush Administration leagues on the other side of the aisle their votes counted. The reasons var- should see that individuals who respect insisted upon, ostensibly to reduce ied—such as confusing ballots, out- these basic voting rights concerns are voter fraud, but which may make reg- dated or malfunctioning equipment, in- named to the new Commission. istration and voting difficult for first- adequately trained poll workers, and With proper support and enforce- time voters. The bill’s requirement the lack of access for the disabled. But ment, the ‘‘Help America Vote Act’’ that first-time voters who register by the outcome was the same—the voices can significantly increase political par- mail provide specified forms of identi- of well over one million Americans ticipation for every American. We all fication at the polls may disenfran- were not heard. The legislation before share the great goal of protecting the chise a large number of voters, espe- us today will help to ensure that this most fundamental of all rights in our cially people with disabilities, racial unacceptable result does not happen democracy—the right to vote. and ethnic minorities, students, and again. Mr. KERRY. Mr. President, it has the poor, who are far less likely to The bill includes three core compo- been nearly 2 years since the presi- have photo identification than other nents. It establishes uniform require- dential election left many Americans voters. ments for voting systems, provisional disenfranchised. In that time, this I am also concerned about new lan- voting, and computerized voter reg- country has faced other tremendous guage that will invalidate an individ- istration lists, which all States must crises, and perhaps the fervor with ual’s registration if the person reg- meet in Federal elections. It creates a which people supported election reform istering forgets to check off a box de- new four-member, bi-partisan, inde- two years ago has waned somewhat. claring that he or she is a U.S. citizen. pendent Federal agency—the Election But I believe that after all we have Because voters already must affirm Administration Commission—to pro- faced as a country, it is even more im- their citizenship when they sign the vide guidance to the States, conduct portant that we preserve and improve registration form, it is unnecessary to studies and issue reports on Federal the integrity of our democracy by en- require that this box be checked for election issues, and administer a new suring that every eligible voter who registration. Many elderly voters, vis- Federal grant program. Third, it au- wants to vote is able to vote. ually impaired voters and voters with thorizes $3.9 billion in grants over the We can be thankful that we are past low levels of literacy may inadvert- next three years to assist States and the days of poll taxes, literacy tests, ently fail to check the box and will, as

VerDate Mar 15 2010 20:38 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16OC2.REC S16OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10498 CONGRESSIONAL RECORD — SENATE October 16, 2002 a result, disproportionately be kept off by mail. While I applaud the goal of eral government can do more to re- the registration rolls. This legislation eliminating instances of fraud, it is im- ignite a passion for citizen participa- is supposed to be an effort to make vot- portant that these provisions be imple- tion, and we must do so if we are to en- ing easier for qualified voters, and this mented equitably to prevent the dis- sure that our Constitutional form of provision adds an unnecessary, compli- enfranchisement of minority or dis- government will survive for future gen- cating step. abled voters. erations. This bill also requires that, in order In addition, I also would like to make This bill establishes grant programs to register, voters provide a driver’s li- a few recommendations regarding the that will provide states with the re- cense number or the last four digits of implementation of this legislation. As sources to replace outdated voting ma- their Social Security number, and the states develop their plans for meet- chines and train poll workers. It estab- those numbers must be verified. This ing the new federal voting require- lishes minimum federal voting stand- provision directly conflicts with the ments and receiving grant funding, I ards for states, but leaves responsi- protections of the National Voter Reg- would urge them to solicit advice on bility for election administration at istration Act, which prohibit the use of solutions to address the needs of dis- the local level. a driver’s license or Social Security abled voters and others who have his- The bill includes a number of safe- number to authenticate a voter’s reg- torically faced impediments at polling guards designed to improve voter ac- istration. Although I understand the places. I also urge the Secretary of cess, including provisional ballot re- desire to reduce instances of voter Health and Human Services to consult quirements, being able to correct im- fraud, I believe these provisions are closely with the Election Assistance properly marked ballots, and funding overly burdensome and unfair to many Commission on the grant program to for equipment to allow a disabled voter voters. This provision also has serious help states making polling places ac- to cast a private vote without assist- privacy implications. cessible to disabled voters. The appli- ance. In an effort to avoid a repeat of I hope that the problems with the cations for grant funding and reports the Florida debacle of 2000, this bill conference report are fixed in the very on the uses of these funds may be help- mandates that states create uniform near future, and I would strongly sup- ful to the Commission as it studies ac- standards for counting ballots. I congratulate the members of the port efforts to rectify these cessibility-related issues and develops conference committee for their efforts disenfranchising provisions before the voluntary voting system guidelines. It to bring this bill to conclusion. I sup- next election. However, as a whole, this is also important to emphasize that port this reform because it is an impor- bill solves more election-related prob- concerns have been raised about the tant first step in restoring confidence lems than it creates. If it is properly legislation’s enforcement provisions. I in our election process. implemented by state elections agen- appreciate that the Department of Jus- ∑ Mr. ALLARD. Mr. President, I want cies, Congress’s intent to improve the tice has a role in bringing civil actions to show my support for the election re- voting system will be satisfied. This is against states that are not in compli- form proposal that will shortly be ap- an important piece of legislation that ance with the mandatory require- proved. There are a litany of provisions must be enacted now if we are to have ments. We will have to be diligent in too numerous to outline that are ex- any improvements in place before the ensuring that these enforcement provi- tremely positive steps toward ironing next national election. sions are implemented. out very serious problems in our cur- Mr. MCCAIN. Mr. President, I would On this historic day, I look forward rent voting system. My thanks go out like to urge my colleagues to support to passage of this significant piece of to Senators MCCONNELL and DODD, the conference report to H.R. 3295, the legislation. As the recent events in their counterparts in the House, and ‘‘Help America Vote Act of 2002.’’ I con- Florida show, our voters still face all of the other conferees who fought gratulate the conferees on their dedi- major challenges in getting their votes long and hard during the last few cated and persistent effort in reaching counted at the polling place. This leg- months to help ensure the electorates’ a compromise agreement on this issue. islation will present solutions to these right to vote. I believe that this historic legislation problems and reassure the American Secondly, and with much more re- will play a major role in correcting public that the best system of govern- morse, I believe that many of the many of the problems that the country ment ever created continues to func- shortcomings that our men and women suffered during the Year 2000 elections. tion in its 226th year. in the military face as potential over- In my judgment, this legislation is Mr. BYRD. Mr. President, the right seas voters have not been fully ad- inextricably linked with the campaign to vote is one of the fundamental com- dressed in the underlying conference finance reform bill that became law ponents of our Republic. It is the cen- proposal. I have stood in this body earlier this year. Both of these pieces tral means by which the American peo- many times since the 2000 election and of legislation are aimed at the heart of ple can influence the direction of gov- have pushed for election reforms that any successful democracy: restoring ernment, and thereby the future of the would show those who defend our way the voters’ trust in their government. nation. But, as we saw in the 2000 Pres- of life that their vote will not be cast- The new campaign finance reform law idential election, just casting one’s off for technicalities through no fault is intended to reduce the influences of ballot is not the end of the process. of their own. Of course, I would be re- special interests by eliminating the Votes must be verified and counted, miss if I failed to mention that some large flow of unregulated soft money. and done so quickly and accurately so focus was paid to military voters in This election reform legislation is de- that the American people have con- this bill. I am pleased that early sub- signed to assure voters that votes will fidence in our elections. Preserving the mission will no longer be grounds for be counted accurately, and that legally integrity of our voting system is crit- refusal of registration or absentee bal- registered voters will not be ical to preserving our representative lots. The focus on requiring the De- disenfranchised. I am especially proud form of government. partment of Defense to have more sup- that this legislation will ensure for the Over the years, I have watched as the port for Voting Assistance Officers and first time in history that voters who percentage of eligible voters who actu- emphasis on including postmarks on are blind or visually-impaired will be ally take the time to go to the polls all ballots mailed is also favorably able to cast a vote privately and con- and cast votes has declined. I find it be- noted. However, the House has thrown fidentially. yond disappointing that American citi- up roadblocks to other important over- However, I would urge my colleagues zens would fail to exercise this precious seas voter measures, while the Senate not to treat this legislation as the con- right—in fact, this important responsi- as an institution has continued to show clusion of our work on the issue of bility. Yet, I well understand how the leadership in this effort. I hope that we election reform. The Congress must en- spectacle of last year’s elections and will continue to do so in the future. sure that this legislation is imple- the irregularities that were widely re- That being said, it is time now to mented fairly and effectively. I know ported can exacerbate a common mis- look ahead. My support for the election that concerns have been raised about conception that one’s vote does not reform bill will not sway my feelings the identification requirements for count, a belief that has permitted far that there are still many egregious er- first-time voters who have registered too many minds in our nation. The fed- rors in the process of overseas military

VerDate Mar 15 2010 20:38 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16OC2.REC S16OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 16, 2002 CONGRESSIONAL RECORD — SENATE S10499 voting. I promise to continue the fight pecially new citizens. These provisions its of her Social Security number, then and protect the rights of those men and are probably unnecessary. she would not have to present a form of women who would give their lives for Finally, this legislation will only be identification to a poll worker before the country that they dearly love. The fully effective if Congress and the ad- voting. While this may serve as a step underlying election reform bill is a ministration step up the plate to fund in the right direction for other States, step in the right direction, and I hope it. I will urge my colleagues to fully this is a new restriction for New York. that congress can continue to follow fund this program. This provision will repress voter par- that path.∑ On balance, this bill is a step for- ticipation among those New Yorkers Mr. WELLSTONE. Mr. President, I ward. I hope reality lives up to its who are in fact eligible to vote. More- am pleased that today Congress ad- promise. over, it will disproportionately affect dressed the debacle that occurred to di- Mrs. CLINTON. Mr. President, I want ethnic and racial minorities, recently minish democracy during our last Pres- to express my views on the Help Amer- naturalized American citizens, lan- idential election in Florida and other ica Vote Act of 2002. guage minorities, the poor, the home- States. Access to the polls is a funda- The Help America Vote Act of 2002 less, the millions of eligible New York mental right; it is essential to our de- has many strong provisions that will voters who do not have a driver’s li- mocracy. The 2000 elections raised to improve our Federal election system. cense, and those individuals who other- the national stage problems that have This legislation requires that election wise would have exercised their right been all too common and all too famil- districts across the nation provide pro- to vote without these new provisions. iar to many voters around the country. visional voting and post sample ballots Many civil rights groups who oppose Systems of administering elections are and other voter information. It allows this legislation have compared these in many places flawed, arbitrary, and voters the opportunity to verify and provisions to poll taxes and literacy discriminatory. I believe it is appro- change their vote before casting their tests that were used to repress voter priate, even necessary, for Congress to vote. The act implements a statewide participation in the past. I do not be- impose high voter participation stand- voter registration system to help re- lieve this is an unfair analog because I ards on States while providing the re- duce fraud and ensures that individuals believe this bill may indeed reduce sources to meet those standards. are not wrongly refused the right to voter participation. When voter par- The Help America Vote Act contains vote. It authorizes $3.9 billion in Fed- ticipation numbers hover at 50 percent, a number of important reforms of eral funding to help states improve I believe that we should make every ef- America’s elections. The conference re- voting systems, make the polls more fort to increase voter participation, port authorizes funds to States to re- accessible to the disabled, train poll not reduce it. form their election systems. It sets workers, and educate the electorate. I know this bill will pass the Senate uniform, minimum standards for Fed- Despite these positive provisions, today and will shortly become law, no eral elections. It will ensure the accu- however, I cannot vote for this bill be- matter what I do. But despite the racy of state voter registration data- cause the voting rights of New Yorkers many provisions in the bill that may bases. It requires provisional balloting will be negatively affected by this leg- increase voter participation in some so registered voters are not turned islation. states across the country who do not away from polling places. And it will For many years, the State of New currently have provisional voting, I help ensure that disabled voters may York has had provisional voting and cannot support this legislation because cast their ballots independently and what is called signature verification. In it will negatively affect the rights of privately. The legislation is an impor- the 1980s, New York City put in place a voters in the state that I am proud to tant step forward, and I support it. digitized signature verification system. represent—the State of New York. However, I have reservations about When a New Yorker registers to vote, provisions which have the potential, if his or her signature is scanned into a New York is a state with 19 million not monitored and implemented care- computer and placed in the election people and 11 million voters; a state fully, to make voter registration more board’s files. Then on election day, the that is home to the world’s cultural onerous for some voters. In particular, voter signs the book of registered vot- and financial capitals. It is the gate- provisions that require voters to reg- ers in that election district. If the sig- way for millions of people from dif- ister using a driver’s license number or natures do not match, the poll worker ferent countries and ethnicities. New Social Security number could cause has the right to prevent the voter from York represents one of the best things problems. While the act would require casting a ballot on the machine, but about our country—it’s diversity. In States to assign voters a number if the voter is permitted to cast a provi- America, the birthplace of modern de- they do not have either of these forms sional ballot. The board of elections mocracy, we should do all we can to en- of identification, I worry that some later determines whether the provi- sure that the right of every voter is not States may abuse this provision to sional ballot is valid and should there- unduly hindered unnecessarily. Unfor- make it harder for certain citizens, fore be counted. tunately, I believe the provisions in the particularly new citizens and low in- Because of New York State’s system, Help America Vote Act will do just come voters, to become registered. there is no need for a voter to present that. One technical clarification I want to a form of identification at the poll. In I applaud the work of Senator DODD, make about that provision: In Min- fact, the poll worker manual in New as chairman of the Senate Committee nesota we have same day voter reg- York explicitly states that poll work- on Rules and Administration, for all of istration. It is my understanding that ers cannot ask prospective voters for his work on the bill, and the other this act would require the State to identification. This system was imple- members of the election reform con- issue a voter ID number to a nonreg- mented in New York City and across ference committee. I also want to give istered voter who seeks to register on the State of New York more than a a special thanks to the Rules Com- the day of the election, if the voter has decade ago. This system has worked in mittee staff of Senator DODD, espe- a Social Security number or driver’s li- New York and should be a model for cially Kennie Gill and Veronica Gil- cense but does not have either number the Nation. lespie, who have worked from the first physically with him or her at the poll- Unfortunately, the Help America inception of the Senate’s election re- ing place on election day. Vote Act would reduce the rights of form bill to the final words in this elec- The act requires new voters to check New Yorkers who are first-time voters tion reform conference report. I know a box on the voter registration form to in a federal election by requiring them many members of the conference com- indicate they are a citizen. Since new to present a valid photo identification, mittee and their staffs have done their voters are already required to attest utility bill, bank statement or govern- best to produce legislation that will that they are citizens on voter reg- ment identification that verifies the try to improve our federal election sys- istration forms under current law, this name and address of the voter. If a tem. seems to be a needless, redundant re- first-time voter filled out a registra- I am also proud to have worked with quirement which puts a hurdle, how- tion form and included either her driv- Senator DODD on a provision included ever small, in the way of new voters es- er’s license number or the last four dig- in the conference report that calls

VerDate Mar 15 2010 20:38 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16OC2.REC S16OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10500 CONGRESSIONAL RECORD — SENATE October 16, 2002 upon the new Election Assistance Com- early next year. We shouldn’t hesitate piece of legislation on an overwhelm- mission to study and report to Con- another day to send this money to the ingly bipartisan basis. This is, indeed, gress on the extent of residual votes. States so that they have every minute the way the Senate should work. These are over votes, under votes, or possible to prepare for 2004. The PRESIDING OFFICER. The time ‘‘spoiled’’ votes that are created when A strong election system requires of the Senator has expired. a voter, unintentionally, makes a mis- top-notch equipment, informed and Who yields time? The Senator from take in casting her ballot, either be- able poll workers, a provisional voting Connecticut. cause she doesn’t understand the ballot system and outstanding voter edu- Mr. DODD. Mr. President, in my re- or the voting machinery I have fought cation programs. But it also requires marks yesterday I commended my col- hard to support the voting rights of the sensible registration and voting proce- leagues who have been involved in this. disenfranchised voter. But I cannot in dures that prevent fraud without I want to do so again, Senator MCCON- good conscience, representing the disenfranchising voters. NELL and Senator BOND. State of New York, support legislation Despite my support for this legisla- I also commended my new found I believe will hurt the voting rights of tion, I am concerned that the bill’s friend from the House, BOB NEY, who New Yorkers. I will continue, however, anti-fraud provisions may unfairly bur- did a remarkable job as the Chairman to do all I can to ensure that our Fed- den minority, elderly and disabled vot- of the House Administration Com- eral election system and our democ- ers. Eliminating voting fraud is abso- mittee. STENY HOYER has been involved racy will be as strong as possible. lutely essential, but the mechanisms in these issues for a long time, and I Mr. NELSON of Florida. Mr. Presi- used to prevent fraud should not be so have known him for a long time. I will dent, Federal election reform is long complicated, or intrusive, that they not take the time today, as I did yes- overdue. discourage or prevent voting by quali- terday, to thank him as profusely—but Two years ago, the election system’s fied people who may not, as a con- it is deeply felt. We would not have ar- collapse became a public shame in my sequence of their lifestyle, have the rived here without a lot of people State. A lot of high-minded debate specific documentation required by working very hard on this. I thank all about the need to reform the system this bill. of them, the leadership here and others immediately followed the election, but I support modifying these provisions who brought us to this particular since then this legislation has moved to allow potential registrants or voters point. at a snail’s pace. to use additional documentation to I mentioned yesterday the juxtaposi- Only now, three weeks before the prove their identity or to attest, under tion of the events that unfolded on No- next election, are we poised to send a penalty of perjury, that they are in vember 7, 2000, and the events as they reform bill to the President to upgrade fact who they say there are. I under- are unfolding today on October 16, 2002. voting equipment, require provisional stand that the conference committee When you consider the scenes that balloting and improve election admin- would not approve such a change and I dominated the news media for days and istration. It’s a shame that it has do not believe the entire bill should be days after the November 7 elections, taken so long to remedy such a serious sacrificed. with bulging eyeballs glaring and but- failure. A failure which cast into doubt In light of this problem, I intend to terfly ballots and hanging chads and the winner of the most important follow closely this legislation’s imple- people bellowing at each other and out- elected office in the world. mentation with a specific eye on how side auditors at registrars of voters of- As a result of the delays, these des- the anti-fraud provisions work in prac- fices in Florida, here we are today in perately needed improvements will tice. If the photo identification re- the relative calm of this institution, come too late for the upcoming elec- quirements and registration procedures about to adopt, I hope overwhelmingly, tion. That’s unfortunate, because in set out by this legislation cause more legislation that addresses many of the spite of the positive reforms made at harm than good I will support their re- concerns that were raised as a result of the state level in Florida, some pre- peal. the events in Florida. cincts experienced problems during the The PRESIDING OFFICER. Who But they were not just in Florida, as August primary election that might yields time? I said. There were other States as well, have been avoided, or at least miti- Mr. MCCONNELL. How much time do and it has been going on for some time. gated, under the federal reforms. I have remaining? So this is an important day, one that Similar problems could occur again The PRESIDING OFFICER. The Sen- will not demand or receive the kind of and the failures are not likely to be ator from Kentucky controls 1 minute attention, obviously, that the events isolated to Florida when the general 30 seconds. that provoked it did, almost 2 years election is held in November. Our goal Mr. MCCONNELL. I thank the Sen- ago shy 3 weeks in November-December now must be to implement the changes ator from Missouri for his solid work. of the year 2000. in time for the 2004 elections. Disenfranchised by this bill are dogs So it is an important landmark. We Unfortunately, the administration such as Gidget—Salish’s Potomac Fer- are breaking new ground. This is the has already chosen to slow down the vour—pictured here in front of the Cap- first time in more than 200 years that reform process by rejecting a $600 mil- itol. A solid Republican, Gidget will the Federal Government is going to lion appropriation passed by Congress nevertheless never know the joy of par- take a very protective involvement in earlier this year in anticipation of ticipating in the election process. I am the conduct of elections. The Constitu- final passage of the authorizing legisla- advised she could have been a fine tion insisted that both States and the tion. voter—with a vigorous appetite for Federal Government be involved in the The administration unforgivably punchcards and aptitude for touch- election process in this country, but we failed to accept the funds and the screens. These skills will now have to have only been involved marginally at money must now be appropriated be channeled into canine agility trials, best. In the 1965 Voting Rights Act, of again. That process could take precious instead of the election process. I con- course, we prohibited certain activities months that would otherwise be used gratulate the Senator from Missouri in the States such as poll taxes and lit- by the States to prepare for the 2004 for that. That is one of the many fine eracy tests. But over 213 years have elections. results of this outstanding piece of leg- gone by since we have had a proactive There’s no excuse for the administra- islation which, regretfully, is one of involvement in terms of what also tion’s failure to accept Congress’ down the few pieces of legislation the second must be done. This legislation lays payment, especially after promising to session of the 107 Congress has passed. that out and asserts new rights. support these reforms. We will have passed only 2 of our 13 As I said before, this is truly the first I hope President Bush will reaffirm appropriations bills. We have no budget civil rights act of the 21st century, in- his support for election reform by ask- and no terrorism reinsurance bill. It sisting that all people who show up to ing Congress to include the full $3.8 bil- has really been a dismal record. But we vote will have a chance to do so, if only lion authorized by this bill in the next do have something to be thankful for provisionally. My colleagues have had continuing resolution or, at the latest, today, which is that we are about to fun talking about dogs who may have as part of a supplemental appropriation pass an extraordinarily important voted. There were human beings who

VerDate Mar 15 2010 20:38 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16OC2.REC S16OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 16, 2002 CONGRESSIONAL RECORD — SENATE S10501 were not allowed to vote, between 4 sure we do our best to see to it that racial and ethnic minorities, students, the million and 6 million of them in the people who register to vote are who elderly, and the poor, who are substantially last election. While it is humorous to they say they are, so we don’t have less likely to have photo identification than other voters. Additionally, having states im- talk about the dogs who may have people registering fictitious people and plement this requirement prior to the 2004 voted, it is not very funny to talk casting ballots for them. To Senator presidential election, without the statewide about the people who showed up and BOND’s credit, we worked very hard on list in place, is a dangerous experiment that didn’t and were denied the opportunity that. runs the risk of creating additional chaos at to do so. There will be for the first time a per- the polls. This legislation, we hope, is going to manent Federal Election Assistance Contains weak enforcement provisions. solve at least part of that problem be- Commission, so we don’t have to wait Voters who are denied their right to vote be- ginning in the year 2004, where every cause of this law cannot turn to the federal for another disaster in some State and courts for a remedy. Rather, disenfranchised person who shows up to cast a ballot in then occupy the time and attention of voters must either wait for the Department every precinct in America is going to this institution responding to it. On an of Justice to take action or ask the same be allowed to cast a ballot and never ongoing basis, it will be a place where state election system that disenfranchised again be asked to step out of line and the States, counties, municipalities, them to determine that there is a violation go home. That ballot will be cast provi- and the Federal Government can work and provide a remedy for the problem. sionally where there is a debate about together when it comes to election Contains new language that will require any registration to be invalidated if the per- whether or not they have a right to do issues. son registering forgets to check off boxes de- so, but the right to cast a ballot is Of the $3.9 billion, 95 percent of the claring that he or she is a U.S. citizen. Be- never again going to be denied to a per- improvements will be borne by the cause voters already must affirm their citi- son who shows up—the right to cast a Federal Government because we are re- zenship when they sign the registration ballot in America. quiring it to be done. I don’t believe in form, it is unnecessary to require that this That is not an insignificant achieve- unfunded mandates. I wanted 100 per- box be checked for registration. Many elder- ment. We also said for those who are cent. We had to compromise at 95. We ly and low-income voters, as well as voters blind and disabled, some 20 million who with low levels of literacy, who find filling are now going to participate and sup- out forms difficult, may inadvertently make never showed up the last time to vote port our States and localities in mak- the mistake of failing to check the box and because they have not been able to cast ing the changes they need to make in will, as a result, disproportionately be kept a ballot independently and privately, order to make our system work that off the registration rolls; and those days are over with. Henceforth, much better. Contains an intrusive, error-prone require- beginning in 2006 or before, if the I am thankful to all of our colleagues ment that voters provide a driver’s license States can get it done earlier, people for their support and help during the Number or, in the event they do not have are going to be allowed to cast a ballot one, the last four digits of their Social Secu- debate yesterday, I inserted a number rity number. Election officials must inde- privately and independently. The idea of letters into the RECORD which ex- pendently verify the number before reg- in this country that you could use pressed support for this conference re- istering someone, and any individual who Braille and have sidewalks accessible port. Today I ask unanimous consent has either number but fails to provide it will to the handicapped, but ballots in to include in the RECORD letters which not be registered. This provision directly America were not—the only State in express concerns about specific provi- conflicts with the protections of the Na- the country that has made a difference sions of this legislation, including let- tional Voter Registration Act, which pro- in that is the State represented by the hibits the use of a driver’s license or Social ters from the National Council of La Security Number to authenticate a voter’s present Presiding Officer, the State of Raza, the League of Women Voters, the registration. Rhode Island. As a result of your American Civil Liberties Union, the For almost two years NCLR worked dili- former secretary of state, who himself Leadership Conference on Civil Rights, gently with both Republicans and Democrats suffers from a disability as a result of and People for the American Way. in the House and in the Senate on election having been injured, he understood it There being no objection, the mate- reform legislation, to address the need for and went out and did it. The other rial was ordered to be printed in good election reform legislation. Today we States are now going to do it in this oppose this bill because the Latino commu- RECORD, as follows: nity cannot accept a bill that does more country. NATIONAL COUNCIL OF LA RAZA, harm than good, and urge you to vote There are new rights here: The right Washington, DC, October 9, 2002. against it. Please be advised that NCLR will to look at your ballot, correct your NCLR URGES CONGRESS TO VOTE NO ON THE recommend that votes related to this bill ballot before it is finally cast. I know ‘‘HELP AMERICA VOTE ACT’’ (H.R. 3295) and final passage be included in the National these are radical ideas, but these are DEAR MEMBER OF CONGRESS: The National Hispanic Leadership Agenda Scorecard. important provisions. No longer will Council of La Raza (NCLR), the largest na- Sincerely, you have to leave a voting place won- tional Latino civil rights organization, op- RAUL YZAGUIRRE, dering whether you might have voted poses the ‘‘Help America Vote Act’’ (H.R. President. twice—two people for the same office, 3295), because it will disproportionately af- fect Latino voters, suppresses voter registra- THE LEAGUE OF WOMEN VOTERS, as happened in butterfly ballots in Washington, DC, October 9, 2002. Florida. You are going to be able to go tion and turnout, and in some instances will roll back civil rights laws. ELECTION REFORM LEGISLATION IN U.S. CON- back and check your ballot before it is Furthermore, we note with concern the GRESS—LEAGUE CAUTIONS: LEGISLATION ISA actually cast. So those rights in here continuing uncertainty of the appropriations GAMBLE, IMPLEMENTATION KEY are important. process, which means that no one, including WASHINGTON, DC.—‘‘The compromise elec- Statewide voter registration will be the authors of the compromise bill, can guar- tion reform legislation being considered this facilitated for the first time. If you antee funding sufficient to implement the week by the U.S. Congress makes important move within a State—say from Lex- bill. reforms in the voting process but erects new ington to Frankfurt, or if you move NCLR is an umbrella organization with bureaucratic hurdles for voters,’’ stated Kay from Hartford to Bridgeport, or if you over 280 local affiliated community-based or- J. Maxwell, president of the league of ganizations and a broader network of 33,000 move from some county in Missouri to Women Voters of the United States. ‘‘The individual associate members. In addition to Help America Vote bill is a tradeoff, pro- another, you are not going to have to providing capacity-building assistance to our viding stronger protections in our voting register again if you are in the same affiliates and essential information to our systems while taking away safeguards in State and the State has statewide individual associates, NCLR serves as a voice voter registration.’’ voter registration. Statewide voter reg- for all Hispanic subgroups in all regions of ‘‘There are many good things in this bill, istration will do an awful lot to relieve the country. but it also undermines existing voter protec- a lot of burdens on voters as they NCLR urges you to join us in opposing the tions,’’ Maxwell noted. ‘‘On the positive side, move. And many people do in this ‘‘Help America Vote Act’’ (H.R. 3295) because lawmakers are creating new federal stand- the ‘‘compromise’’ bill: ards and providing the states with funds to country. We are a mobile society Requires first-time voters who register by buy new voting machines that work, to bet- today. mail to provide specific forms of identifica- ter train and recruit poll workers, to create We also include provisions which tion at the polls. This provision will have a statewide voter registration databases, and Senator BOND insisted on in terms of discriminatory impact on a large number of put provisional balloting systems in place,’’ responsibility. We are going to make voters, especially people with disabilities, said Maxwell.

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‘‘But the League cannot overlook the fact less if policies are enacted that prevent peo- PHOTO IDENTIFICATION REQUIRED TO VOTE that this bill places voter protections at risk ple from voting on them. by cutting back existing federal standards Outlined below are two problematic provi- The second major setback in the con- for voter registration. It weakens and under- sions contained within the conference report ference report is the photo identification re- cuts several of the hard-fought voter protec- that threaten to exacerbate the very prob- quirement. As with the other methods of dis- tions established in current law,’’ Maxwell lems that the legislation is intended to cor- enfranchisement in American history, such stated. ‘‘We are also concerned that the dis- rect, to ensure that every citizen eligible to as literacy tests and poll taxes, the photo criminatory identification provision in this vote can vote. They are the driver’s license identification requirement would present legislation will erect barriers to voting. The and social security number requirement to barriers to voting and have a chilling effect identification requirements place additional register to vote and the photo identification on voter participation. There are voters who burdens on poll workers and may create a requirement to vote. simply do not have identification and requir- mess at the polls in 2004,’’ cautioned Max- DRIVER’S LICENSE AND SOCIAL SECURITY ing them to purchase photo identification well. REQUIRED TO REGISTER TO VOTE would be tantamount to requiring them to ‘‘This bill is a gamble,’’ said Maxwell, ‘‘and The conference report imposes additional pay a poll tax. As a disproportionate number implementation will be the key in deter- requirements in order for citizens to register of racial and ethnic minority voters, the mining whether it succeeds or fails. We hope to vote. Under this legislation, the voter homeless, as well as voters with disabilities that states take seriously the larger role would be required to provide a driver’s li- and certain religious objectors, do not have they now have in administering federal elec- cense number or, in the event they do not photo identification nor the financial means tions. They must step up to their constitu- have one, the last four digits of their social to acquire it, the burden of this requirement tional responsibility to run elections effec- security number. Any voter who has either would fall disproportionately and unfairly tively,’’ stated Maxwell. ‘‘The League at the number but does not provide it—even for pri- upon them, perhaps even violating the Vot- national, state and local levels will work vacy reasons—would not be registered. ing Rights Act, 42 U.S.C. § 1973. When the voter provides either their driv- closely with state and local election officials Further, the limited alternatives to photo er’s license number or the last four digits of and citizens across this country to ensure identification provided in the bill—including their social security number, the state must that all the provisions of this bill are carried a government check or government docu- verify the accuracy of the data provided. out to enfranchise rather than disenfran- ment, utility bill, or bank statement that chise voters,’’ concluded Maxwell. This includes checking data against state motor vehicle and Social Security Adminis- shows the name and address of the voter— place the poor in no better position. Certain AMERICAN CIVIL LIBERTIES UNION, tration (SSA) databases, to verify the voter’s name, date of birth and social security num- populations of battered women and homeless WASHINGTON NATIONAL OFFICE, people, for example, cannot produce any of Washington, DC, October 9, 2002. ber. But, there are many reasons why the the required documents, because they often Re H.R. 3295/Help America Vote Act. data provided by an eligible voter may not match the data in a motor vehicle or SSA do not live in a house or apartment and if DEAR MEMBER OF CONGRESS: The American database, even though it is the same person. they do, the utility bills are not in their Civil Liberties Union (ACLU) urges you to For example, women may have married or name, they do not have a bank account, and oppose the conference report on HR 3295, divorced without changing their name in the they may not receive a government check. Help America Vote Act, because the agree- SSA database. Many Latinos use both their American citizens should not be denied their ment contains provisions that would lead to mother and father’s surname, or both their constitutional right to vote because they do discrimination and ultimately result in father’s and spouse’s surnames, which SSA not have these documents, particularly when disenfranchising many voters. This legisla- may list incorrectly—resulting in a false there are other alternatives to these require- tive cure to the severe voting rights prob- ‘‘no-match.’’ A simple juxtaposition of a ments such as attestation or signature lems seen in the 2000 Presidential election number could result in a ‘‘no-match,’’ wheth- clauses which are currently used effectively could be even worse than the disease. er due to the fault of the applicant, or an by many states to prevent fraud. In many respects, the conference report SSA employee who enters the number into The Department of Justice (DOJ) has con- rolls back many of the voting rights vic- the database incorrectly. This could result in tories achieved over the past three decades sistently raised objections to imposing photo either purging or the invalidation of a vot- identification as a prerequisite for voting be- through the Voting Rights Act of 1965 and er’s registration application. cause such requirements are likely to have a the National Voting Registration Act of 1993. Also, this conference report would remove Instead of making sure that the voting proc- social security number disclosure (last four disproportionately adverse impact on black ess is as inclusive as possible, this agreement digits) from the protection of the Privacy voters and will lessen their political partici- would exclude people, negatively impacting Act of 1974, which makes it unlawful for pation opportunities. In 1994, DOJ found that the elderly, the disabled, racial and ethnic local, state or federal agencies to deny some- African-American persons in Louisiana were minorities, students, and the poor. Not only one a right provided by law for refusing to four to five times less likely than white per- would this bill make it more difficult to disclose their social security number. Con- sons to have driver’s licenses or other pic- vote, it would make it more difficult to reg- gress did not limit the protection in Sec 7(a) ture identification cards. In addition, the ister to vote. of the Privacy Act to parts of the social se- Federal Elections Commission noted in its While the conference report purports to ad- curity number. All nine digits of the social 1997 report to Congress that photo identifica- dress the voting problems apparent during security number are part of the ‘‘social secu- tion entails major expenses, both initially the 2000 Presidential election, its solutions rity account number’’ and are therefore pro- and in maintenance, and presents an undue are illusory. For example, the legislation es- tected. It was the use of the social security and potentially discriminatory burden on tablishes minimum standards for the per- number for identification purposes that Con- citizens in exercising their basic right to formance of voting machinery, but provides gress was restricting. There can be no doubt vote. an exemption for punch card machines, the that the requirement that voters disclose the Effective federal legislation should not most controversial and problematic tech- last four digits of their social security in erect new obstacles or weaken existing vot- nology used during the 2000 presidential elec- order to register to vote is an attempt to use ing rights laws. Eliminating these discrimi- tion, for over-vote notification. Although the numbers as an identifier. If Congress in- natory provisions is the most certain and this legislation requires election officials to tended to protect only five (5) of the nine (9) complete way to guarantee that all states permit voters whose name does not appear digits it would have written legislation that meet the requirements outlined by the Su- on the voter registration list to cast a provi- explicitly did so. Permitting a state to re- preme Court in Bush v. Gore, 121 S. Ct. 525 sional ballot, it gives complete discretion to quire parts of the social security account (2000). Voters should not have to resort to the state to decide when and if provisional number creates an exception that would the courts to ensure compliance with the ballots will be counted, even in federal elec- frustrate the intent of Congress. Further- ‘‘one person-one vote’’ rule. tions. As we have seen in the past, these bal- more, it is incorrect to suggest that by mere- lots can determine the outcome of an elec- ly requiring a voter to disclose the last four We recognize that reform of our nation’s tion. digits of their social security number that electoral systems is critical. But it cannot This election reform legislation is the only their privacy is somehow protected. be done in a manner that unduly prevents le- major piece of civil rights legislation the In addition, forced disclosure of social se- gitimate voters from exercising their con- Senate and House have taken up in the 107th curity numbers threatens a citizens’ privacy stitutional right to vote. For the reasons in- Congress. We urge you to carefully consider and could lead to identity fraud, where im- dicated above, we urge you to vote ‘‘no’’ on the negative implications associated with posters armed with a person’s name and so- final passage and will score a vote in favor of the provisions that will undermine critical cial security number can raid back accounts, this legislation as a vote against voting advances the United States has made in vot- establish fraudulent credit cards and even rights. If you have questions, please contact ing rights. While this legislation would au- ruin a voter’s credit. The Social Security Ad- ACLU Legislative Counsel LaShawn Warren. thorize much needed funding to states and ministration Office of Inspector General has Sincerely, local governments to improve their election registered a 500 percent increase in allega- LAURA W. MURPHY, systems, it simultaneously imposes require- tions of Social Security fraud in the past Director. ments that will effectively suppress voter several years—from 11,000 in 1998 to 65,000 in LASHAWN Y. WARREN, participation. New machines are meaning- fiscal year 2001. Legislative Counsel.

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LEADERSHIP CONFERENCE ON state have a computerized voter list in place. Concurrently, we will begin to identify areas CIVIL RIGHTS, Instead, while the compromise bill requires where we can strengthen the progress made Washington, DC, October 9, 2002. mail-in registrants to meet the ID require- by this bill, and work with our allies on leg- DEAR SENATOR: On behalf of the Leadership ments in the 2004 election-cycle, it gives islation to correct deficiencies. Conference on Civil Rights, nation’s oldest, states a waiver until 2006 to create the state- Finally, through PFAW Foundation’s elec- largest and most diverse civil rights coali- wide computerized lists. As a result, voters tion protection program, now operating in tion, we write to provide our assessment of in states without state-wide lists will have six states, we will intensify efforts to edu- the final conference report on H.R. 3295, the to comply with the ID provision anytime cate voters to ensure that individuals know ‘‘Help America Vote Act of 2002.’’ In a num- they move within the state. Thus, the burden and understand their new rights and respon- ber of significant respects, the House-Senate of the ID requirement will fall more heavily sibilities. People For the American Way election reform agreement is an important on renters, who change residences more Foundation will also take other action as ap- step forward in improving election proce- often than homeowners, and who generally propriate to protect voters’ rights. dures and administration throughout the na- have lower incomes. Sincerely, tion. However, we do have several remaining Third, the conference report would invali- RALPH G. NEAS, concerns about the report language that pre- date the registration of any voter who does President. vent us from being able to endorse the final not check off a new box on the registration STEPHENIE FOSTER, package. form declaring that he or she is a U.S. cit- Director of Public Pol- Given the fact the millions of American izen. Many elderly voters and voters with icy. citizens were denied their basic right to cast low levels of literacy, who find filling out Mr. DODD. The concerns of these a vote and to have that vote counted in the forms difficult, will be likely to inadvert- groups are reflected in three of the pro- 2000 election, the enactment of meaningful ently fail to check the boxes and will, as a visions of the conference report: (1) the election reform has been the Leadership Con- result, disproportionately be kept off the first-time mail registration require- ference’s highest legislative priority. We registration rolls. ments of section 303(b); (2) the require- greatly appreciate the efforts of Sens. Chris- Provisional ballots will not solve the above topher Dodd (D–CT), Richard Durbin (D–IL), problems. Even if a voter is allowed to file a ment that the drivers license, or last 4 Charles Schumer (D–NY) as well as Reps. provisional ballot, it will not be counted be- digits of the voter’s Social Security Bob Ney (R–OH), Steny Hoyer (D–MD), John cause he or she was never ‘‘properly’’ reg- number, be provided on the registra- Conyers (D–MI), Charlie Gonzalez (D–TX) and istered, due to these onerous registration tion form under section 303(a)(5); and others to reach a bipartisan agreement on and verification requirements. (3) the citizenship check-off box re- comprehensive election reform. Among its We hope you will keep the above issues in quirements of section 303(b)(4). I intend beneficial provisions, the conference agree- mind when deciding how you will vote on the to address each of these issues in turn. ment will: conference report to H.R. 3295. If you have Let me state from the start that each Set uniform, minimum standards for fed- any questions, please feel free to contact Rob of these groups was significantly in- Randhava, LCCR Policy Analyst, at 202/466– eral elections nationwide, including pro- volved in the development of the origi- viding voters with a chance to check for and 6058 or Nancy Zirkin, LCCR Deputy Director/ correct ballot errors; Director of Public Policy. Thank you for nal Dodd-Conyers legislation, and all Ensure accuracy of state voter registration your consideration. continued to provide valuable input databases by implementing uniform, state- Sincerely, and comments as we worked to develop wide computerized lists; Dr. DOROTHY I. HEIGHT, a bipartisan compromise in the Senate Provide provisional ballots, which allow Chairperson. last December and then perfect that voters who are erroneously left off the voter WADE HENDERSON, compromise in conference with the registration lists to vote and be counted Executive Director. House this summer and fall. Many of once eligibility can be verified; these same groups expressed reserva- Help eliminate outmoded punch-card and PEOPLE FOR THE AMERICAN WAY, tions at the time about the Senate lever voting systems, and upgrade voting Washington, DC, October 10, 2002. systems and equipment in every state; and DEAR MEMBER OF CONGRESS: On behalf of compromise and withheld support for Provide funding to ensure that voters with the 600,000 members and supporters of People the bill when it passed the Senate. disabilities are able to cast ballots privately For the American Way (PFAW), we are writ- Each of these organizations played a and independently. ing to express our views on the conference pivotal role in the formation of this The conference report language, however, report to HR 3295, the Help America Vote legislation and I continue to personally does contain several troubling provisions: Act. value their perspective and input. First, the report contains a requirement We are pleased by many of the bill’s provi- Let me state for the record, that as that all persons seeking to register must sions, which we believe will significantly im- the principal Senate author of this con- provide the state with a drivers license num- prove our nation’s election system. The leg- ference report, it has consistently been ber or, in the event they do not have one, the islation will allow registered individuals to last four digits of their social security num- cast provisional ballots even if their names my goal and position that this legisla- ber. Any person who has either number but are mistakenly excluded from voter registra- tion be uniform and nondiscriminatory does not provide it—even for privacy rea- tion lists at their polling places. It will re- in both intent and result without re- sons—will not be registered. Once a voter quire states to develop centralized, statewide gard to color or class, gender or age, provides either number, the state must voter registration list to ensure the accuracy disability or native language, party or verify the accuracy of the data provided by of their voter registration records. It will precinct. While I understand the collec- checking it against state motor vehicle or also require states to provide at least one tive, and individual, concerns of these Social Security Administration (SSA) data- voting machine per polling place that is ac- organizations, the ultimate test of this bases. This system set out by the conference cessible to the disabled, and ensure that legislation will be in its implementa- report is both cumbersome and prone to their voting machines allow voters to verify error. There are many legitimate reasons and correct their votes before casting them. tion by the States and I am confident why the data provided by an eligible voter Finally, the legislation authorizes $3.8 bil- that a fair reading of its provisions will may not match the data in a motor vehicle lion in critically needed funds to fix anti- produce the desired result. With that, or SSA database. For example, a woman may quated voting systems and to meet the min- let me offer my perspective on several marry or divorce without updating her last imum standards set forth in the bill. issues raised by these organizations. name in the database; many Latinos use two At the same time, we are concerned by First, with regard to the anti-fraud last names, which the SSA may list incor- other provisions that may erect new barriers provisions, I share the concern that the rectly; some Asians list their last name first; to voting. These provisions include the iden- hearings and studies by numerous or- tification requirements for first time voters and in entering their date of birth, some peo- ganizations, including the Senate ple enter the date followed by the month, the who register by mail and the provision opposite of U.S. customs. Even a simpler jux- (added by the conference committee) that al- Rules Committee, over the past two taposition of a number could result in a ‘‘no- lows election officials to return voter reg- years did not unearth any evidence of match.’’ istration forms as incomplete if the ‘‘citizen- widespread voter fraud. However, even Second, amendments that have been made ship box’’ is left blank by the voter. the anecdotal evidence of dogs and de- to the ID requirement fail to reduce its Since the effectiveness of this legislation ceased persons registering, and perhaps disenfranchising impact upon first-time vot- depends on uniform and non-discriminatory even voting, and registration lists with ers. While the conference report includes enforcement, PFAW will be vigilant in our duplicate names in several different ju- efforts to educate the public about new re- minor improvements, these provisions fall risdictions illustrate the frailties of far short of reducing the disproportionate quirements and will monitor the application negative impact of the ID provision. of these provisions in the states. We will be current registration procedures. While In order to reduce its harmful impact on advocating for full funding of programs au- I continue to believe that the most ef- first-time voters, the ID requirement should thorized by the bill in order to ensure that fective anti-fraud provision in the Sen- have been linked to the requirement that a the bill does not contain empty promises. ate-passed bill, and in this conference

VerDate Mar 15 2010 20:38 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16OC2.REC S16OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10504 CONGRESSIONAL RECORD — SENATE October 16, 2002 report, remains the requirement that when a voter is registered or how a tion officials pursuant to State law. States establish a centralized comput- vote is counted. If a challenged voter Nor does this conference report require erized registration list, I also recognize submits a provisional ballot, the State States to enact legislation changing that but for the provision of section may still determine that the voter is voter eligibility requirements to con- 303(b) affecting first-time voters who eligible to vote and so count that bal- form to the Act. As I pointed out yes- register by mail, this legislation and lot, notwithstanding that the first- terday, Chairman NEY, the principal all the good it contains would not have time mail registrant voter did not pro- author of this conference report on be- made it this far. vide additional identification required half of the House, stated last week that While I appreciate the sensitivities of under section 303(b). Whether a provi- this bill provides for basic require- these organizations to the potential sional ballot is counted or not depends ments that States shall meet, but that the first-time mail registrant solely on State law, and the conferees leaves to the discretion of the States voter requirement of section 303(b) will clarified this by adding language in how they meet those requirements in fall disproportionately on minorities section 302(a)(4) stating that a voter’s order to tailor solutions to their own and low income individuals, I am not eligibility to vote is determined under unique problems. This section is not an convinced that the sound interpreta- State law. exception to that rule. tion of this legislation will ultimately More importantly, however, is the Section 303(a)(5) is a modification to result in the disenfranchisement of combination of the existing language provisions added to the Senate bill dur- such voters. In order to better estab- in the Senate-passed bill (offered by ing floor debate which authorized lish empirical data on the prevalence Senator WYDEN) and the provision, States to request a voter’s 9 digit So- of such fraud, the conference report di- modified from the Senate-passed bill, cial Security number. Concerns had rects the new Commission to make which requires new registrants to pro- been expressed, which I shared, that periodic studies and reports, with rec- vide a drivers license number upon reg- even allowing States the discretion to ommendations to Congress, on nation- istration, or the last 4 digits of their require the full Social Security number wide statistics on voter fraud and Social Security number if they do not potentially ran afoul of Privacy Act methods of identifying, deterring and have a drivers license number. protections. While this provision goes investigating such fraud. The Wyden amendment included in further than I would have wished, it is More importantly, the Commission is the Senate-passed bill, and retained simply not an accurate reading of this directed to conduct a special study, to without modification in the conference section to conclude that a lack of a be completed within 18 months of the report, provides a means by which match—or a ‘‘no-match’’ will result in effective date of the first-time voter first-time mail registrant voters can the invalidation of a voter’s registra- provision, on the impact such require- avoid the additional verification re- tion application or the purging of the ment has on these voters and voter reg- quirements of section 303(b) altogether. voter’s name. istration in general. The Commission is At the choice of the individual, under First, with respect to purging, this directed to also study the additional section 303(b)(3), a first-time mail reg- provision applies only prospectively to requirement that new registrants pro- istrant voter can opt to submit their new applicants and as such cannot be vide the last four digits of their Social drivers license number, or at least the used to purge names of existing voters Security number at registration if they last 4 digits of their Social Security from the rolls. More importantly, how- do not have a valid drivers license number, on the mail-in voter registra- ever, the language of the conference re- number. If the results of these studies tion form in order for the State to port, and the Statement of Managers indicate either a lack of empirical evi- match the information against a State on this point specifically, make it dence that widespread voter fraud ex- database, such as the motor vehicle au- abundantly clear that any purging of ists, or that these new anti-fraud provi- thority database. If such information names must conform to existing NVRA sions are disenfranchising voters, par- matches, the additional identification ticularly minority and low-income vot- requirements. There is no provision in ers, Congress will be in a position to requirements of section 303(b)(1) do not the current NVRA which would author- modify or repeal these provisions. apply to that individual. ize purging for lack of a match of ei- In the meantime, changes made to Under the new requirements added in ther a drivers license number or the the conference report will work to conference as section 303(a)(5), effective last 4 digits of a Social Security num- mitigate, and perhaps even obviate, the in 2004 (unless waived until 2006), all ber. need for States to implement the first- new applicants must provide at the As for the argument that this provi- time mail registrant voter require- time of registration, a valid drivers li- sion will result in the invalidation of a ment. cense number, or if the individual does voter’s application, that conclusion is To make clear that Congress intends not have such, the last 4 digits of their simply not supported by a reading of that the first-time voter provision of Social Security number (or if they all the relevant provisions. Effective in section 303(b) must not result in a dis- have neither, the State shall assign 2004 (or 2006 if a waiver of section 303(a) parate impact on minority voters, the them a unique identifying number). is requested by the State), this section conferees agreed to add language to States must then attempt to match prohibits States from accepting or this section to require that it be imple- such information, thereby satisfying processing a voter registration applica- mented in a uniform and nondiscrim- the provisions of section 303(b)(3) which tion unless it contains the voter’s driv- inatory manner. The conference report renders the first-time mail applicant ers license number. However, there is also contains a new notice provision, provisions of section 303(b)(1) inappli- no similar prohibition on local election section 303(b)(4)(iv), which requires cable. By operation of section 303(a)(5) officials who presumably will continue that the NVRA registration form con- added in conference, in conjunction to have the authority to process voter tain a statement informing the appli- with the existing language of the Sen- applications until the State imple- cant that if they register by mail, ap- ate-passed bill (as added by Senator ments the centralized computerized propriate information must be included WYDEN) in section 303(b)(3), the first- registration list and becomes respon- in order to avoid the additional identi- time voter identification requirement sible for maintaining the official list of fication requirements upon voting for is obviated and essentially rendered eligible voters under section 303(a)(1). the first time. As in the Senate-passed moot, thereby avoiding the potential In the meantime, if an applicant has bill, if any voter is challenged as not disenfranchisement of minority voters. not been issued a current and valid being eligible to vote, including for Secondly, with respect to the provi- drivers license, then the applicant reasons that he or she is a first-time sions of section 303(a)(5) which require must provide the last 4 digits of his or mail registrant voter without proper verification of voter registration infor- her Social Security number. If the ap- identification, such voter is entitled to mation, it is important to remember plicant has neither number, the State vote by provisional ballot, and that that nothing in this conference report shall issue the individual a number ballot is counted according to State establishes a Federal definition, or which becomes the voter’s unique iden- law. standard, for when a voter is duly reg- tifier (as required for the centralized As I stated yesterday, nothing in this istered. That authority continues to computerize registration list). The bill establishes a Federal definition of reside solely with State and local elec- chief state election official must also

VerDate Mar 15 2010 20:38 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16OC2.REC S16OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 16, 2002 CONGRESSIONAL RECORD — SENATE S10505 enter into agreements with the State sion makes the completion of the trative procedure for reviewing alleged motor vehicle authority and the Com- check-off box a condition of Federal grievances under Title III of this Act. missioner of Social Security in order eligibility. The conference report does If the State does not render a decision to match information supplied by the not establish Federal eligibility re- within 90 days of receiving a com- voter with these databases. quirements for voting. NVRA only re- plaint, the proceeding is moved to an However, nothing in this section pro- quires that an applicant sign the reg- alternative dispute resolution process hibits a State from accepting or proc- istration form attesting to his or her which must resolved the issue within 60 essing an application with incomplete eligibility, including citizenship. The days. or inaccurate information. Section check-off box is a tool for registrars to While I would have preferred that we 303(a)(5)(A)(iii) specifically reserves to use to verify citizenship, but nothing extend the private right of action af- the States the determination as to in the conference report requires a forded private parties under NVRA, the whether the information supplied by check-off or invalidates the form if the House simply would not entertain such the voter is sufficient to meet the dis- box is left blank. an enforcement provisions. Nor would closure requirements of this provision. In fact, this provision will ensure they accept Federal judicial review of So, for example, if a voter transposes that if a voter did not check-off the any adverse decision by a State admin- his or her Social Security number, or citizenship box, his or her registration istrative body. However, the state- provides less than a full drivers license form cannot be discarded as invalid on based administrative procedure must number, the State can nonetheless de- its face. Ultimately, the registrar de- meet basic due process requirements termine that such information is suffi- termines whether or not the voter has and afford an aggrieved party a hearing cient to meet the verification require- met the citizenship requirement not- on the record if they so choose. ments, in accordance with State law. withstanding whether or not the box is It is important to note that this Consequently, a State may establish checked. A signed attestation as to state-based administrative proceeding what information is sufficient for citizenship eligibility is still sufficient is in addition to any other rights the verification, preserving the sole au- under NVRA. Jurisdictions that cur- aggrieved has and is limited only to thority of the State to determine eligi- rently use citizenship check-off boxes the adjudication of violations of the re- bility requirements for voters. Fur- may continue to process such informa- quirements under Title III of this Act. thermore, nothing in this conference tion pursuant to State law, but in fact This enforcement scheme in no ways report requires a State to enact any will not be able to invalidate a form replaces or alters the adjudication pro- specific legislation for determining eli- based on the lack of a check-off with- visions of any other civil rights or vot- gibility to vote. out notification to the voter first. ing rights law. Moreover, nothing in this section With respect to each of these three As with all provisions of this legisla- prohibits a State from registering an issues, it is important to note that tion, the proof is in the implementa- applicant once the verification process each of these provisions will likely re- tion of these requirements by the takes place, notwithstanding that the quire some adjustment to the NVRA States. But nothing in this conference applicant provided inaccurate or in- registration form. The new Election report requires States or localities to complete information at the time of Assistance Commission specifically change any voter eligibility require- registration (as anticipated by section does not have rulemaking authority ments nor does this Act in any way in- 303(a)(5)(A)(iii)) or that the matching with the exception of the authority fringe upon the sole authority of State process did not verify the information. permitted, and currently exercised by and local election officials to deter- The provision requires only that a the Federal Election Commission, mine who is a duly registered voter. I verification process be established but under section 9(a) of the NVRA (42 agree that it will require diligence and it does not define when an applicant is U.S.C. 1973gg–7(a)) to prescribe such education of State and local election a duly registered voter. Again, this regulations necessary to develop the officials to ensure that these provisions conference report does not establish mail registration form used in Federal do not serve to disenfranchise voters Federal registration eligibility require- elections. Consequently, it is antici- and I stand ready to monitor actions ments those are found only in the U.S. pated that the new Commission will be by the States to ensure that they do Constitution. Section 303(a)(5)(A)(iii) required to revise the current NVRA not undermine the purposes of this makes it clear that State law is the ul- registration form in order to effectuate Act: to make it easier to vote, but timate determinant of whether the in- the requirements under this Act, in- harder to defraud the system. formation supplied under this section cluding: notice requirements for first- Mr. President, the conference report is sufficient for determining if an ap- time voters under section 303(b)(4)(iv); that we are about to adopt is a true plicant is duly registered under State the collection of a drivers license num- compromise. It is a melding of the law. ber or last 4 digits of a Social Security House-passed and Senate-passed bills. Finally, with respect to the issue of number under sections 303(a)(5) and While there was much in common in the citizenship check-off box on the 303(b)(3); and the age and citizenship the legislation that passed each House, voter application form under section check-off boxes under section 303(b)(4), there were significant differences also. 303(b)(4), the Senate-passed bill con- in addition to any other changes in the I commend my House counterparts, tained the requirement that the NVRA Federal registration application form Chairman BOB NEY and Congressman registration form include two new that the Commission views as nec- STENY HOYER, for their willingness to questions and a check-off box for vot- essary to implement this Act. This ex- spend countless hours and several long ers to mark to indicate their answers ercise will afford interested parties an nights to hammer out the differences to questions regarding age and citizen- opportunity to ensure that these re- in these two approaches in order to ship eligibility. The conference agree- quirements do not result in the dis- reach the conference report we present ment added a new provision in section enfranchisement of applicant voters. to the Senate for adoption today. 303(b)(4)(B) which requires that if a As a final observation, let me state On at least one occasion, Chairman voter does not check-off the citizenship that while the enforcement provisions NEY, Congressman HOYER and I, along box, the appropriate election official of the Senate-passed bill included with our staff, worked literally around must notify the applicant of the omis- tough preclearance-type reviews of the clock for twelve hours in order to sion and provide the applicant an op- grant applications by the Department reach consensus, with the final agree- portunity to complete the form in time of Justice, the conference report con- ment being reached long after the mid- for processing to be completed to allow tains an important new administrative night hour. Such effort is just one indi- the voter to participate in the next grievance procedure intended to pro- cation of the level of commitment that Federal election. vide voters, and others aggrieved by the House conferees demonstrated in It is simply inaccurate to state that violation of the requirements of this reaching a consensus on this historic any registration application is required Act, a timely and convenient means of legislation, and I thank them for their to be invalidated under this section if redressing alleged violations. Each dedication to seeing this process an applicant forgets to check-off the State that receives funds under Title I through to a satisfactory conclusion. citizenship box. Nothing in this provi- must establish a state-based adminis- The American people owe them a debt

VerDate Mar 15 2010 20:38 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16OC2.REC S16OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10506 CONGRESSIONAL RECORD — SENATE October 16, 2002 of gratitude for their efforts to ensure passed bill and are an equally integral and Washington state, and other states that henceforth, in Federal elections, component of the conference report. where a paper ballot is voted and then every eligible voter will be able to vote These provisions include required sent off to a central location to be tab- and have their vote counted. standards that all voting systems used ulated by an optical scanning or punch The original House and Senate bills in Federal elections must meet; the of- card system. A mail-in ballot or mail- addressed the problems that came to fering of provisional ballots so that no in absentee ballot is treated as a paper light in the November 2000 presidential voter is ever turned away from the ballot for purposes of notification of an election in similar ways. While the polls again; and the creation of an offi- over-vote under section 301 of the con- Senate bill set out minimum require- cial centralized computerized registra- ference report, as is a ballot counted on ments of the States to meet over the tion list to include the names of all eli- a central count voting system. How- next four years, and funded those re- gible voters and procedures for ensur- ever, if an individual votes in person on quirements at 100 percent of costs, the ing the accuracy of that list, as well as a central count system, as is used in House bill used Federal funds as an in- provisions for verifying the identity of some states that allow early voting or centive to encourage States to take certain new registrants. in-person absentee voting, for that Title III of the conference report con- preferred action, either by following voter, such system is required to actu- tains the three basic requirements for Federal standards or by adopting ally notify the voter of the over-vote. standards of their own. Both bills how- voting system standards and adminis- ever, preserved the traditional author- trative procedures to be used in Fed- As for the other types of voting sys- ity of State and local election officials eral elections. tems, namely lever machines, precinct- to determine the specific means of Section 301 establishes six standards based optical scanning systems, and di- meeting those requirements or stand- that all voting systems used in Federal rect recording electronic systems, or ards. Both bills also preserved the au- elections after January 1, 2006 must DREs, the voting system itself must thority of State and local election offi- meet: meet the standard. Specifically, the cials to be the sole determinants of (1) While maintaining voter privacy functionality of the voting system whether an applicant is a duly reg- and ballot confidentiality, permit vot- shall permit the voter to verify the istered voter. And both bills preserved ers to verify their selections on the votes selected, provide the voter with the authority of State law to deter- ballot, notify voters of over-votes, and an opportunity to change or correct mine when a vote has been cast and permit voters to change their votes and the ballot before it is cast or tabulated, whether a vote, once cast, will ulti- correct any errors before casting the and actually notify the voter if he or mately be counted. ballot. The conference report retains she casts more than one vote for a sin- My counterpart in the House, Chair- the provisions of section 101 of the Sen- gle-candidate office. ate-passed bill that created an alter- man NEY, said it best last week during The conference report recognizes the the House debate on the conference re- native means of notifying voters of over-votes for jurisdictions using paper inherent differences between paper bal- port, and I agree with his assessment. lot systems and mechanical or elec- Let me quote Chairman NEY: ballots, punch card, or central-count voting systems (including absentee and tronic voting systems. The conferees One size fits all solutions do not work and retained the reasonable balance struck only lead to inefficiencies. States and locales mail-in ballots). Such jurisdictions must retain the power and the flexibility to may instead use voter education and in the Senate-passed bill between en- tailor solutions to their own unique prob- instruction programs for notification suring that no voting system is elimi- lems. This legislation will pose certain basic of over-votes only. However, all voting nated as long as the requirement that requirements that all jurisdictions will have systems, including these paper ballot all voters have the opportunity to to meet, but they will retain the flexibility systems, must provide voters with so- verify their ballot and a ‘‘second- to meet the requirements in the most effec- called ‘‘second-chance’’ voting, i.e., the chance’’ to correct any error on the tive manner. ability to verify the voter’s selection ballot or change the ballot, before it is That is the hallmark of this legisla- and the ability to correct or change the cast and counted. Although this com- tion, it requires that States and local- ballot prior to it being cast. The con- promise provides an alternative meth- ities meet basic requirements in the ference report also clarifies that this od of notifying voters of over-votes for type of voting system they use in Fed- requirement cannot be used to render a punch card and paper ballot systems, eral elections, in the offering of provi- paper ballot invalid or unable to be nothing in this legislation precludes ju- sional ballots, in the creation of a cen- modified in order to meet the require- risdictions from going beyond what is tralized computerized registration list ments. required, so long as such methods are and the collection of data for that list, Notification to the voter of an over- not inconsistent with the Federal re- and in the verification of identification vote is essential because it provides an quirements under Title III or any law for new registrants. But in the imple- eligible voter a ‘‘second chance’’ oppor- described in section 906 of Title IX of mentation of these requirements, the tunity to correct his or her ballot be- this Act. sole determination is left to the State fore it is cast and tabulated. Any such The conference report is silent on the as to what type of voting system a ju- notification must be accomplished in a risdiction chooses to use, and whether issue of notification to the voter of an private and independent manner. With under-vote and neither requires nor a provisional ballot is ultimately regard to the notification, it is the vot- counted pursuant to State law, and prohibits such notification. However, ing system itself, or the educational the Election Assistance Commission is whether an individual registrant is de- document, and not a poll worker or termined under State law to be duly charged with studying the feasibility of election official, which notifies the notifying voters of under-votes. registered and entered into the central- voter of an over-vote. The sanctity of a ized registration list. private ballot is so fundamental to our (2) Each voting system must produce I am gratified that the conferees system of elections, that the language a permanent paper record for the vot- agreed to include in this conference re- of this compromise contains a specific ing system that can be manually au- port what this Senator believes are the requirement that any notification dited. Such record must be available as most important provisions of the Sen- under this section preserve the privacy an official record for recounts, how- ate bill: the requirements for voting of the voter and the confidentiality of ever, there is no intent to mandate system standards, provisional bal- the ballot. The Caltech-MIT study that the paper record serve as the offi- loting, and the creation of statewide noted that secrecy and anonymity of cial record. Whether this record be- computerized registration lists. The the ballot provide important checks on comes the official record is left to the conference report retains the core re- coercion and fraud in the form of wide- discretion of the States. As the Chair- quirements and language of the Sen- spread vote buying. man of the Rules Committee, let me ate-passed bill, most of which were Paper ballot systems include those advise my colleagues of the importance contained in the original bill reported systems where the individual votes a of this feature in the unlikely event by the Senate Rules Committee just paper ballot that is tabulated by hand. that a petition of election contest is fourteen months ago in August of 2001 Central count systems include mail-in filed with the Senate. Often, in order to as S. 565. These requirements were the absentee ballots and mail-in balloting, resolve such contests, the Rules Com- fundamental elements of the Senate- such as that used extensively in Oregon mittee must have access to an audit

VerDate Mar 15 2010 20:38 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16OC2.REC S16OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 16, 2002 CONGRESSIONAL RECORD — SENATE S10507 trail in order to determine which can- uals with disabilities. Obviously, any place the numerical triggers under the didate received the most votes. This eligible voter should have access to Voting Rights Act, which require standard will ensure that the Senate such a machine, and in fact, may find states and political subdivisions that and the House will have access to reli- voting on such a system to be pref- meet the triggers of non-English speak- able records in the case of election con- erable to other systems used in that ing citizens of voting age to provide tests. polling place. Nothing in this con- language assistance services at the (3) Consistent with the Senate-passed ference report is intended to suggest polls for American voters. On July 26, provision, each voting system must that because each polling place must 2002, the Department of Justice re- provide to individuals with disabilities, have an accessible machine, that ma- leased new jurisdictions and languages including the blind and visually im- chine is for the exclusive use of indi- covered under the language assistance paired, the same accessibility to voting viduals with disabilities, nor that such provisions of the Voting Rights Act as other voters. Jurisdictions may machine, or individuals who use such based on Census 2000 figures. meet this standard through the use of system, should be separated from other The conference report provides safe- at least one DRE, or other properly voters. Such treatment would be con- guards to ensure an equal opportunity equipped voting system, at each polling trary to the requirement in section for all eligible language minorities to place. However, any system purchased 301(a)(3)(A) that such individuals be cast a vote and have that vote counted. on or after January 1, 2007, if purchased given the same opportunity for access This is accomplished with uniform and with Federal funds made available and participation (including privacy nondiscriminatory requirements that ensure alternative language accessi- under Title II of the Act, must meet and independence). the accessibility standard. In addition, the Caltech-MIT study bility to voting systems, provisional The accessibility standard for indi- suggests that DREs have the potential balloting, and inclusion as a registered viduals with disabilities is perhaps one to allow for more flexible user inter- voter in the statewide voter registra- tion lists. In addition, this compromise of the most important provisions of face to accommodate multiple lan- provides for the Election Assistance this legislation. Ten million blind vot- guage ballots. Consequently, such DRE Commission to study and make rec- ers did not vote in the 2000 elections in voting systems can also be used to ommendations as to whether the vot- part because they cannot read the bal- meet the accessibility requirements for ing systems are, in fact, capable of ac- lots used in their jurisdiction. With language minorities under the Voting commodating all voters with a limited 21st century technology, this is simply Rights Act, and this conference report, proficiency in the English language. unacceptable. as well. (5) Each voting system must comply The Senate Rules Committee re- It has been suggested that this may with an ‘‘out-of-the-box’’ error rate ceived a great deal of disturbing testi- be a wasteful requirement for jurisdic- standard as established in section 3.2.1 mony regarding the disenfranchise- tions that have no known disabled vot- of the Federal voting system standards ment of Americans with disabilities. ers. Let me make clear that the pur- issued by the Federal Election Com- Mr. James Dickson, Vice President of pose of this requirement is to ensure mission and in effect on the date of en- the American Association of People that the disabled have an equal oppor- actment. While the specific error rate with Disabilities, testified that our na- tunity to cast a vote and have that will not change, it is anticipated that tion has a ‘‘ . . . crisis of access to the vote counted, just as all other non-dis- over time, should technology provide polling places.’’ Twenty-one million abled Americans, with privacy and for an improved error rate, Congress Americans with disabilities did not independence. It is simply not accept- will amend this provision to reflect vote in the last election—the single able that individuals with disabilities changing technology. Neither the con- largest demographic groups of non-vot- should have to hide in their homes and ference report, nor the Senate-passed ers. not participate with other Americans bill, establishes performance error To statutorily address this ‘‘crisis of on election day simply because no one rates, or residual error rates, for par- access,’’ the conference report contains knows that they exist. It is equally un- ticular types of voting systems, as rec- the provisions of the Senate-passed bill acceptable to suggest that individuals ommended by the Carter-Ford Commis- requiring that by the Federal elections with disabilities must come forward sion. However, the conference report of 2006, all voting systems must be ac- and declare their disability in order to does require that the new Commission cessible for individuals with disabil- participate in democracy through the study the best methods for establishing ities, including nonvisual accessibility polling place. voting system performance bench- for the blind and visually impaired. (4) Each voting system must provide marks, expressed as a percentage of re- Most importantly, that accommoda- alternative language accessibility as sidual vote in the Federal contest at tion must be provided in a manner that required by law. This is a slight modi- the top of the ballot. If such bench- provides the same opportunity for ac- fication to the Senate-passed bill in marks can be established with reli- cess and participation, including pri- order to make clear that the alter- ability, a future Congress may decide vacy and independence, as for other native language requirements must to add a performance benchmark, or voters. Accessibility is required for in- conform to existing Voting Rights Act performance error rate, to the voting dividuals with all disabilities, not just requirements. system standards. physical disabilities. The Voting Rights Act mandates Finally, (6) the conference report In order to assist the States and lo- that covered jurisdictions must provide contains an additional standard, taken calities in meeting this standard by translated voting materials, such as bi- from the House-passed bill, requiring 2006, the conference report retains the lingual ballots, voter registration each State to adopt uniform standards Senate-passed provision that allows ju- forms, voting instructions, other vot- defining what constitutes a vote and risdictions to satisfy this standard ing materials, oral translation services what will be counted as a vote for each through the use of at least one direct and interpreters to ensure accessibility certified voting system. This provision recording electronic (DRE) voting sys- to the right to cast a vote and have is an improvement over the Senate bill tem, or any other voting system that is that vote counted. Nothing in this Act and will ensure that voters using simi- equipped to accommodate individuals overturns or undermines the Voting lar machines will have their votes with disabilities, in every polling Rights Act. counted in a uniform and nondiscrim- place. It must be noted, moreover, that The alternative language accessi- inatory manner within a State. the compromise does not require that a bility standard follows the procedures Under this additional standard, jurisdiction purchase a DRE to meet for determining when a language mi- States must define what constitutes a the accessibility requirement since ju- nority (e.g., only the four general ‘‘legal’’ vote on a specific voting sys- risdictions may also choose to modify groups currently recognized by VRA: tem with a companion definition of existing systems to meet the needs of Asian Americans, people of Spanish when that ‘‘legal’’ vote will be counted the disabled voter. heritage, Native Americans and native on that specific voting system. These A DRE used to meet the accessibility Alaskans) must be accommodated two state-based definitions will provide standard under this requirement is not under section 203 of the Voting Rights another incremental step toward en- intended to be used solely by individ- Act. This conference report leaves in suring that votes are cast and counted

VerDate Mar 15 2010 20:38 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16OC2.REC S16OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10508 CONGRESSIONAL RECORD — SENATE October 16, 2002 in a uniform, non-discriminatory man- appears on the official registration list; this conference report establishes a ner and should help ensure against a or rule for when a provisional ballot is repeat of the 4–6 million votes that The voter believes he or she has reg- counted or not counted. Once a provi- were cast but not counted in the 2000 istered within the States’ registration sional ballot is cast, it is within the general election according to the deadline but their names does not ap- sole authority of the State or local Caltech-MIT study. Such state-based pear on the official registration list; or election official to determine whether definitions will erase the inconsistent The voter has recently moved but his or not that ballot should be counted, standards, practices, or procedures or her name does not appear on the of- according to State law. Consequently, within states and localities that have ficial registration list; or even if a voter does not meet the new diluted votes cast in certain commu- There are questions about the voters’ Federal requirements for first-time nities. Now, no matter where the voter eligibility to vote based upon section voters to verify their identity, or for lives and votes, that voter will have an 303(c) that requires if polling hours are new registrants to provide their drivers equal opportunity to cast his or her extended as a result of a court order, license number, or the last four digits vote and an equal opportunity to have any ballot cast in a federal election of their Social Security number, if that his or her vote counted. during that extension be provisional voter otherwise meets the require- The effective date for the voting sys- and be held separately from other pro- ments as set out in State law for eligi- tem standards remains for any Federal visional ballots; or bility, the State shall count that ballot election held in a jurisdiction after There are questions about the voters’ pursuant to State law. eligibility to vote based upon reassign- January 1, 2006. It is important to note, Finally, at the time that the voter ment pursuant to state re-districting that with regard to effective dates, the casts a provisional ballot, the appro- laws; or for any other reason. actual date on which the standards priate State or local election official under the voting system requirement Any and all of the above voters may, shall give the individual written notice must be implemented will vary from under the conference report, cast a pro- of how that voter can ascertain wheth- jurisdiction to jurisdiction depending visional ballot. Not only must the er or not his or her ballot was counted upon when the first Federal election State provide access to the provisional through a free access system (such as a occurs in 2006. A federal election in- ballot, but the State or local election web site or toll-free telephone number). cludes a general, primary, special, or official has a legal obligation under This is a particularly important provi- runoff election for federal office. this Act to provide notice to each indi- sion as it ensures that a provisional Section 302 establishes the second re- vidual voter, who has had his or her voter will be able to cure any registra- quirement that all States and jurisdic- ability to cast a regular ballot ques- tion defect in time to become a regular tions must meet beginning for Federal tioned, that they may cast a provi- voter in the next election. This provi- elections after January 1, 2004: the re- sional ballot in that Federal election sion, combined with the requirement in quirement that jurisdictions provide at that polling place. section 303 for establishing a central- for provisional voting for any voter To receive and cast a provisional bal- ized computerized registration list, who is challenged as ineligible but who lot, all the individual must do is exe- will ensure that no eligible voter will attests, in writing, that they are reg- cute a written affirmation that he or be denied the right to vote and that istered and eligible to vote. This provi- she is a registered voter in that juris- State and local election officials will sion ensures that never again can a diction and is eligible to vote in that have access to accurate and up-to-date voter who appears at the polls in order election. If an individual is motivated voting records. enough to go to the polls and sign an to vote and desires to vote can be All States must meet this require- turned away, for any reason. The con- affidavit, under perjury of law, that he or she is eligible to vote in that elec- ment on provisional ballots for Federal ference report follows the Senate bill elections in order to comply with this in laying out the steps that such provi- tion, then the state or local election of- ficial shall protect that individual’s Act. However, those States which are sional balloting must follow. described in section 4(b) of the Na- First, any voter who declares that right to cast a provisional ballot. That tional Voter Registration Act of 1993 they are registered to vote in a Federal right is so fundamental, as is evidenced (NVRA) and are currently exempt from election in a jurisdiction but are not on by its widespread use across this Na- the provisions of the NVRA or those the official list of registered voters or tion, that we must ensure that it is of- States that permit same-day registra- are otherwise alleged to be ineligible, fered to all Americans, not in an iden- tion or require no registration may must be offered and permitted to cast a tical process, but in a uniform and non- meet the requirements for provisional provisional ballot. Any challenge to discriminatory manner. balloting through their current reg- the voter’s eligibility qualifies the Once executed, the affidavit is hand- istration systems. voter for a provisional ballot, includ- ed over to the appropriate election offi- ing, but not limited to: cial who must promptly verify the in- The Caltech-MIT report estimates The voter’s name does not appear on formation and issue a provisional bal- that the aggressive use of provisional the official registration list; or lot. It is important to note that in ballots could cut the lost votes due to The voter’s name, or other registra- some jurisdictions, the verification of registration problems in half. The Car- tion information, appears inaccurately voter eligibility will take place prior ter-Ford Commission recommended on the registration list; or to the issuance of a ballot based upon going even farther than this legislation The voter does not meet the require- the information in the written affi- in less time, recommending state-wide ments of section 303(a) because there is davit. In other jurisdictions, the ballot voter registration. The Commission a question about, or they cannot pro- will be issued and then laid aside for noted, ‘‘No American qualified to vote vide, the number on their drivers li- verification later. Both procedures are anywhere in her or his State should be cense or the last 4-digits of their Social equally valid under this compromise, turned away from a polling place in Security number, or the State/jurisdic- which provides flexibility to states to that State.’’ While the conference re- tion refuses to assign a unique identi- meet the needs of their communities in port does not require state-wide reg- fier number that the voter could use slightly differing ways. States that istration, nothing in the conference re- for voter registration purposes; or offer same-day registration procedures port prohibits, or is intended to dis- A voter is a first time voter who reg- similarly meet the requirements of sec- courage, States from enacting such a istered by mail and does not meet the tion 302 provided the individual attests, provision. requirements of section 303(b) because in writing, to their eligibility and the In addition to the provisions requir- they do not have any of the specified State otherwise determines, pursuant ing provisional balloting, section 302 identification, such as a photo-ID, util- to State law, that the voter is eligible also contains the requirement in the ity bill, bank statement, paycheck or to vote. Senate-passed bill that a sample ballot other government document required Any provisional ballot must be and other voter information be posted to be shown under this Act; or promptly verified and counted if the at polling places on election day. In There are questions about the voter’s individual is eligible under State law order to ensure that voters are aware eligibility to vote, even if their name to vote in the jurisdiction. Nothing in of the provisional balloting process,

VerDate Mar 15 2010 20:38 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16OC2.REC S16OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 16, 2002 CONGRESSIONAL RECORD — SENATE S10509 the registration and voting require- last 4 digits of a Social Security num- drivers license number. However, there ments for first-time voters who reg- ber. is no similar prohibition on local elec- ister by mail, including the option of The conference report retains the tion officials who presumably will con- providing a drivers license number or Senate-passed provisions of section tinue to have the authority to process at least the last four digits of a Social 303(a)(2) regarding list maintenance of voter applications until the State im- Security number, along with other new the computerized list. Those provisions plements the centralized computerized state standards, practices and proce- provide that any name that is removed registration list and becomes respon- dures, such notice and information are from the list must be removed in ac- sible for maintaining the official list of required to be posted at polling places cordance with provision of the Na- eligible voters under section 303(a)(1). on election day. In this information tional Voter Registration Act (NVRA), In the meantime, if an applicant has age, the expectation is that targeted the so-called ‘‘Motor-Voter’’ law. This not been issued a current and valid state education programs will com- requirement will ensure that voters drivers license, then the applicant pliment any required posted informa- cannot be purged from the list unless must provide the last 4 digits of his or tion to best educate the voters and they have not responded to a notice her Social Security number. If the ap- train poll workers, volunteers, and mailed by the appropriate election offi- plicant has neither number, the State election officials cial and then have not voted in the shall issue the individual a number Finally, the conference report con- subsequent two Federal general elec- that becomes the voter’s unique identi- tains a modified version of the require- tions. Moreover, this provision ensures fier (as required for the centralized ment that, if polling hours are ex- that voters who appear at the polls computerize registration list). The tended as a result of a court order, any during this period and wish to vote will chief state election official must also ballot cast in a Federal election during be allowed to as provided for in section enter into agreements with the State that extension be by provisional ballot. 8(3) of the Motor-Voter law (42 U.S.C. motor vehicle authority and the Com- The Senate-passed bill could have been 1973gg-6). missioner of Social Security in order read to apply to any voter who votes As a practical matter, once the com- to match information supplied by the after the polls close, and not just vot- puterized list has been developed and voter with these databases. However, nothing in this section pro- ers who vote pursuant to a court or implemented, list maintenance will be almost automatic. While many of us hibits a State from accepting or proc- other order. Consequently, the con- essing an application with incomplete have read of allegations of massive du- ference report clarifies that only voters or inaccurate information. Section plicate registrations, the fact is that who vote pursuant to such order vote 303(a)(5)(A)(iii) specifically reserves to even though alleged duplicate names by provisional ballot and such provi- the States the determination as to appear on more than one jurisdiction’s sional ballots shall be held separately whether the information supplied by from other provisional ballots. list, the vast majority of voters only the voter is sufficient to meet the dis- Section 303 of the conference report live in one place and only vote in one closure requirements of this provision. includes the provisions of the Senate- place. In a highly mobile society likes So, for example, if a voter transposes passed bill requiring that all States es- ours, voters move constantly. And his or her Social Security number, or tablish a centralized computerized reg- while voters may remember to change provides less than a full drivers license istration list of all eligible voters. This their mailing address with the post of- number, the State can nonetheless de- requirement is the single greatest de- fice, with utility companies, and with termine that such information is suffi- terrent to election fraud, whether by the bank and credit card companies, cient to meet the verification require- unscrupulous poll workers or officials, they may not even think about chang- ments based on whatever information voters, or outside individuals and orga- ing their address with the local elec- they already possess, in accordance nizations. The ability to capture every tion official until it comes time to with State law. Consequently, a State eligible voter in one centrally managed vote. At the end of the day, this con- may establish what information is suf- database with requirements for privacy ference report ensures that mobile vot- ficient for verification, preserving the and security of the information will ers are not disenfranchised. sole authority of the State to deter- help ensure the integrity of registra- The conference report also added a mine eligibility requirements for vot- tion lists and ensure both the accuracy new minimum standard for ensuring ers. Furthermore, nothing in this con- and authenticity of those lists. the accuracy of the centralized com- ference report requires a State to enact The Carter-Ford Commission explic- puterized registration list. That provi- any specific legislation for determining itly recommended that every state sion, section 303(a)(4), was drawn from eligibility to vote. In fact, State motor adopt a system of statewide voter reg- a provision contained in the House- vehicle records are generally accurate istration. The Caltech-MIT report passed measure, but with an important and current and State and local elec- similarly recommended the develop- clarification. Consistent with section tion officials should affirmatively use ment of better databases with a numer- 303(a)(2), this provision parallels lan- these records to correct or complete ical identifier for each voter. The Con- guage in the NVRA that requires the information wherever possible. stitution Project also called for the de- States to make a reasonable effort to Moreover, nothing in this section velopment of a state-wide computer- remove registrants who are ineligible prohibits a State from registering an ized voter registration system that can to vote, consistent with the provisions applicant once the verification process be routinely updated and is accessible of NVRA, specifically the requirement takes place, notwithstanding that the at polling places on election day. that such voters fail to respond to a applicant provided inaccurate or in- The conference report contains much notice and then fail to vote in the sub- complete information at the time of of the Senate-passed language on this sequent two general Federal elections. registration (as anticipated by section provision with important additions to Further, no voter may be removed 303(a)(5)(A)(iii)) or that the matching highlight the official, centrally man- from the list solely by reason of a fail- process did not verify the information. aged nature of this list. Once imple- ure to vote. As is stated in the State- The provision requires only that a mented in 2004 (or 2006 if the State ment of Managers, this provision is verification process be established but seeks a waiver for good cause), voters completely consistent with NVRA. it does not define when an applicant is should never again have to be turned Section 303(a)(5) of the conference re- a duly registered voter. Again, this away from the polls because their port is a new provision that is a modi- conference report does not establish name was not updated on the list. fication to provisions added to the Sen- Federal registration eligibility require- Never again should poll workers have ate bill during floor debate that au- ments those are found only in the U.S. to wait hours to get through a central thorized States to request a voter’s 9 Constitution. Section 303(a)(5)(A)(iii) phone line in order to verify a voter’s digit Social Security number. Effective makes it clear that State law is the ul- registration. And once such a list is in in 2004 (or 2006 if a waiver of section timate determinant of whether the in- place, every first-time mail registrant 303(a) is requested by the State), this formation supplied under this section voter should be able to verify their section prohibits States from accepting is sufficient for determining if an ap- identity through the matching of a or processing a voter registration ap- plicant is duly registered under State drivers license number or at least the plication unless it contains the voter’s law.

VerDate Mar 15 2010 20:38 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16OC2.REC S16OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10510 CONGRESSIONAL RECORD — SENATE October 16, 2002 The conference report also retains provide the long-standing practice of time voter identification requirement the provision championed by Senator states permitting eligible uniform is obviated and essentially rendered BOND which will require that voters service and overseas voters to continue moot, thereby avoiding the potential who register by mail must provide ad- to vote by absentee ballot without this disenfranchisement of minority voters. ditional verification of their identity first-time voters requirement attach- The conference report also retains the first time that they appear to vote ing. Similarly, these exemptions have the Senate-passed provision that adds in person or by absentee ballot. To the practical affect of preserving the questions and check-off boxes to the make clear that Congress intends that rights of persons with disabilities not NVRA registration form regarding age the first-time voter provision of sec- to be required to show-up in-person to and citizenship. Under section 303(b)(4), tion 303(b) must not result in a dis- vote or to be required to provide copies the Senate-passed bill contained the parate impact on minority voters, the of photo-IDs or documents by mail. requirement that the NVRA registra- conferees agreed to add language to As I stated yesterday, nothing in this tion form include two new questions this section to require that it be imple- bill establishes a Federal definition of and a check-off box for voters to mark mented in a uniform and nondiscrim- when a voter is registered or how a to indicate their answers to questions inatory manner. The conference report vote is counted. If a challenged voter regarding age and citizenship eligi- also contains a new notice provision, submits a provisional ballot, the State bility. The Senate-passed bill was si- section 303(b)(4)(iv), which requires may still determine that the voter is lent as to the result of an unmarked that the NVRA registration form con- eligible to vote and so count that bal- box and left to States to determine tain a statement informing the appli- lot, notwithstanding that the first- whether such an omission was a fatal cant that if they register by mail, ap- time mail registrant voter did not pro- defect in the registration form. propriate information must be included vide additional identification required In order to clarify that States may in order to avoid the additional identi- under section 303(b). Whether a provi- not just summarily discard such in- complete forms, the conferees agreed fication requirements upon voting for sional ballot is counted or not depends to include language requiring that the the first time. As in the Senate-passed solely on State law, and the conferees registrar notify the voter of an incom- bill, if any voter is challenged as not clarified this by adding language in plete form. Such notice must be pro- being eligible to vote, including for section 302(a)(4) stating that a voter’s vided in time for the registration appli- reasons that he or she is a first-time eligibility to vote is determined under cation to be completed and processed mail registrant voter without proper State law. prior to the next Federal election. identification, such voter is entitled to More importantly, however, is the However, nothing in this provision re- vote by provisional ballot, and that combination of the existing language quires that the application be invali- ballot is counted according to State in the Senate-passed bill (offered by dated under this section if an applicant law. Senator WYDEN) and the provision, forgets to check-off the citizenship In the case of an individual who reg- modified from the Senate-passed bill, box. Nor does anything in this provi- isters by mail, the first time the indi- which requires new registrants to pro- sion make the completion of the check- vidual goes to vote in person in a juris- vide a drivers license number upon reg- off box a condition of Federal eligi- diction, he or she must present to the istration, or the last 4 digits of their bility. The conference report does not appropriate election official one of the Social Security number if they do not establish Federal eligibility require- following pieces of identification: a have a drivers license number. ments for voting. NVRA only requires current valid photo-ID; or a copy of The Wyden amendment included in that an applicant sign the registration any of the following documents: a cur- the Senate-passed bill, and retained form attesting to his or her eligibility, rent utility bill; a bank statement; a without modification in the conference including citizenship. The check-off government check; a paycheck; or an- report, provides a means by which box is a tool for registrars to use to other government document with the first-time mail registrant voters can verify citizenship, but nothing in the voter’s name and address. This com- avoid the additional verification re- conference report requires the check- promise does not specify any particular quirements of section 303(b) altogether. off to be complete to process the reg- type of acceptable photo identification. At the choice of the individual, under istration form or invalidates the form It is clear, however, that a driver’s li- section 303(b)(3), a first-time mail reg- if the box is left blank. cense, a photo-ID issued by the a DMV, istrant voter can opt to submit their In fact, this provision will ensure a student ID, or a work ID that has a drivers license number, or at least the that if a voter did not check-off the photograph of the individual would be last 4 digits of their Social Security citizenship box, his or her registration sufficient. Additionally, states may number, on the mail-in voter registra- form cannot be discarded as invalid on continue to define its own form of ac- tion form in order for the State to its face. Ultimately, the registrar de- ceptable photo-ID so long as such defi- match the information against a State termines whether or not the voter has nitions are inclusive and not have the database, such as the motor vehicle au- met the citizenship requirement not- unintended consequences of targeting thority database. If such information withstanding whether or not the box is the persons with disabilities, poor, el- matches, the additional identification checked. A signed attestation as to derly, students, racial and ethnic mi- requirements of section 303(b)(1) do not citizenship eligibility is still sufficient norities and otherwise legitimate vot- apply to that individual. under NVRA. Jurisdictions that cur- ers. Under the new requirements added in rently use citizenship check-off boxes The conference report also preserves conference as section 303(a)(5), effective may continue to process such informa- the existing exemptions under the in 2004 (unless waived until 2006), all tion pursuant to State law, but in fact NVRA law under section 1973gg-4(c)(2) new applicants must provide at the will not be able to invalidate a form of title 42 in the implementation of time of registration, a valid drivers li- based on the lack of a check-off with- this compromise. A state may not by cense number, or if the individual does out notification to the voter first. law require a person to vote in-person not have such, the last 4 digits of their This compromise provides state and if that first-time voter is: (1) entitled Social Security number (or if they local election officials with the nec- to vote by absentee ballot under sec- have neither, the State shall assign essary additional tools to make the ul- tion 1973ff-1 of title 42 of the Uniformed them a unique identifying number). timate decision regarding eligibility of and Overseas Citizens Absentee Voting States must then attempt to match voters to register to vote, eligibility of Act; (2) provided the right to vote oth- such information, thereby satisfying the voter to cast a regular vote and the erwise than in-person under section the provisions of section 303(b)(3) which eligibility of vote to be counted. Noth- 1973ee-1(b)(2)(b)(ii) and 1973ee- renders the first-time mail applicant ing in this compromise usurps the 3(b)(2)(b)(ii) of the Voting Accessibility provisions of section 303(b)(1) inappli- state or local election official’s sole au- for the Elderly and Handicapped act; cable. By operation of section 303(a)(5) thority to make the final determina- and (3) entitled to vote otherwise than added in conference, in conjunction tion with respect to whether or not an in-person under any other federal law. with the existing language of the Sen- applicant is duly registered, whether These exemptions have the practical ate-passed bill (as added by Senator the voter can cast a regular vote, or affect of preserving existing laws that WYDEN) in section 303(b)(3), the first- whether that vote is duly counted.

VerDate Mar 15 2010 20:38 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16OC2.REC S16OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 16, 2002 CONGRESSIONAL RECORD — SENATE S10511 In the case of any missing informa- first-time mail registrant voters, the payments, States must first submit a tion on a mail-in registration form, the submission of a drivers license number State plan outlining how they will election official may process it as he or or the last 4 digits of a Social Security spend such funds to meet the require- she determines is appropriate under number, or the change in the citizen- ments of Title III and otherwise meet State law. That applies equally to the ship check-off box, some adjustment to the requirements of the Act. Such a requirement for the citizenship check- the NVRA registration form will be plan is developed by a committee head- off box, the requirement to provide necessary. The exception provided to ed by the chief state election official, one’s drivers license number or the last the no rule making authority would with community input and public re- 4 digit of the Social Security number, allow the new Commission to proscribe view for a 30 day comment period. Once or any other provision of this Act. This such regulations necessary to develop the plan is submitted to the Commis- means that State law governs whether the mail registration form used in Fed- sion, it is published in the Federal Reg- the form is returned, whether and how eral elections. ister and a State must wait 45 days the voter is contacted regarding the Consequently, it is anticipated that after submitting the initial plan before omission or whether the form is dis- the new Commission will be required to it can apply for a requirements pay- carded. Current law under the NVRA revise the current NVRA registration ment. does not require that voters be reg- form in order to effectuate the require- While the enforcement provisions of istered—only that the voter be given ments under this Act, including: notice the Senate-passed bill included tough the opportunity to register through a requirements for first-time voters pre-clearance reviews of grant applica- wider variety of State and local offices, under section 303(b)(4)(iv); the collec- tions by the Department of Justice, the including the DMV (thus the title, tion of a drivers license number or last conference report contains an impor- ‘‘Motor-Voter″). Current law under the 4 digits of a Social Security number tant new administrative grievance pro- NVRA does not supercede the sole au- under sections 303(a)(5) and 303(b)(3); cedure intended to provide voters, and thority of State and local election offi- and the age and citizenship check-off others aggrieved by violation of the re- cials to determine whether or not an boxes under section 303(b)(4), in addi- quirements of this Act, a timely and applicant is duly registered. Similarly, tion to any other changes in the Fed- convenient means of redressing alleged this compromise does not supercede eral registration application form that violations. Each State that receives the Commission views as necessary to state law with respect to registration. funds under Title I must establish a implement this Act. This exercise will After this law is enacted, there will state-based administrative procedure afford interested parties an oppor- still be no Federal law that overrides for reviewing alleged grievances under tunity to ensure that these require- state law and preempts the field with Title III of this Act. Such procedure ments do not result in the disenfran- respect to voter registration. must allow for a party to request a Again, as with almost every aspect of chisement of applicant voters. hearing on the record and if the State With regard to effective dates, the this compromise, state implementation does not render a decision within 90 conference report continues to har- of the individual provisions of this days of receiving a complaint, the pro- monize the effective date of the com- compromise is key and will determine ceeding is moved to an alternative dis- puterized registration list with the 2004 pute resolution process that must re- if the franchise is preserved and pro- effective date for provisional balloting. tected for all eligible American voters However, since it was widely acknowl- solve the issue within 60 days. Voters have the legal right to turn to and if the integrity and security of the edged that some States may have le- their State to seek a remedy if their elections system is protected from cor- gitimate difficulty in implementing right to register or vote or have their ruption. Once again almost all the civil the statewide registration list by Janu- vote counted has been violated. Ag- rights organizations and civil liberties ary 1, 2004, a certification of good cause grieved persons have a legal right to coalitions, but particularly our lan- will be sufficient to request a waiver of file the complaint and are entitled to a guage minority communities, raised le- the effective date until January 1, 2006. hearing on the record. If the State de- gitimate concerns about the potential This waiver recognizes the administra- discriminatory solution to the check- tive burden of the provision on both termines that there is a violation, then off questions. At the end of the day, it States and voters and so provides ade- the State is required to order a rem- will be the State and local election of- quate time for jurisdictions to come edy. If the State does not make a final ficials who will interpret what the into compliance and educate voters. determination within 90 days of the omission on a citizenship box and an This compromise also establishes a date that the complaint is filed, then age box mean with respect to registra- uniform effective date of January 1, the complainant may seek to initiate tion, consistent with State law, stand- 2003 for first-time voter registration the alternative dispute resolution pro- ards, practices or procedures. These subject to the first-time voter provi- cedures (ADR). Under the enforcement State laws must implement all of these sion. This assures that all eligible vot- provisions of this compromise, the requirements in a uniform and non- ers, regardless of where they live or State shall create a procedure to use discriminatory manner. There is no vote, will know that if they register to ADR if they fail to meet the 90 day cover of law under this compromise for vote after that date, they will have to deadline for resolution of the com- any State or locality to establish a meet the new requirements for first- plaint. The ADR procedure is an impor- standard, practice or procedure that time mail-registrant voters. tant guarantee within the state com- permits the check-off boxes to act as Finally, the conference report strikes plaint process. However, the ADR pro- anti-registration vehicles by voiding a middle ground between the House- cedure shall not be implemented to otherwise legal registrations under passed and Senate-passed bills with re- supplant any administrative judicial state law. gard to how funds will be directed to review which States already provide In implementing these requirements, the States to meet the requirements under State law. the States will have to rely on vol- and fund other election reform initia- The complaint procedures, set up untary guidelines and voluntary guid- tives. The conference report provides under this conference report, are in ad- ance issued by the new Federal Elec- initial funds by means of a combina- dition to, and are not intended to over- tion Assistance Commission. While the tion of targeted buy-outs of punch ride or preempt, the procedures by conference report includes the House cards and lever systems, as well as a which a State guarantees judicial re- prohibition on rule making authority formula grant program, with a guaran- view of state administrative proce- for the new Commission, the conferees teed $5 million payment per each dures. The determination made by the included an important modification to State. The requirements payments are State under this conference report this language. Section 209 provides an similarly disbursed through a formula shall be subject to the existing State exception to the no rule making au- based on the relative voting age popu- laws which may, or may not, allow for thority to the extent permitted under lation of the State, with a minimum judicial review of administrative deci- section 9(a) of NVRA (42 U.S.C. 1973gg– guaranteed payment of one-half of one sion making. Furthermore, this con- 7(a)). percent per fiscal year. ference report is not intended to in any With respect to the provisions of the Borrowing from the Senate-passed way limit or prohibit a state from cre- requirements affecting notification to bill, in order to receive requirements ating, if they do not already have one,

VerDate Mar 15 2010 20:38 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16OC2.REC S16OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10512 CONGRESSIONAL RECORD — SENATE October 16, 2002 a provision to allow state courts to re- thoughtful input and suggestions and title and I am honored to have been view the administrative decisions made were of considerable help in the forma- able to be a part of the effort to bring in accordance with this bill. tion of this legislation over. The list of this important legislation to pass. In Most importantly, this conference re- organizations that have provided in- the view of this Senator, at the end of port preserves and protects existing valuable assistance to this effort over this historic process, the Congress will voting rights laws, which provide for the last 23 months is almost too have made a lasting contribution to enforcement by private individuals who lengthy to include here. But it is im- the continued health and stability of have either been denied the right to portant to note the breadth and depth this democracy for the people, by the vote or had that right infringed. The of the input that went into crafting people and of the people. I urge my col- conference report is designed to protect this historic legislation. At the risk of leagues to vote for the conference re- the enforcement provisions of many again inadvertently leaving someone port. laws, including the Voting Rights Act out, I want to recognize and thank the I ask unanimous consent that a se- and the National Voter Registration following organizations which have ries of editorials from Greensboro, as Act. Therefore, nothing in this legisla- provided their expertise to this effort: well as from Sarasota, the New York tion limits the enforcement measures American Association for People With Dis- Times, Wall Street Journal, Hartford or avenues of redress available to per- abilities. Courant, New Haven Register, and oth- sons under those critical civil rights American Association of Retired Persons ers be printed in the RECORD. laws enumerated in Section 906 of Title (AARP). There being no objection, the mate- IX of this Act. American Civil Liberties Union. American Federation of State, County and rial was ordered to be printed in the While I would have preferred that we RECORD, as follows: extend the private right of action af- Municipal Employees. American Foundation for the Blind. [From the Hartford Courant, Oct. 16, 2002] forded private parties under the NVRA, American Institute of Graphic Arts. SCORE ONE FOR SEN. DODD the House simply would not entertain Asian American Legal Defense and Edu- such an enforcement provisions. Nor cation Fund. Congress’ accomplishments have been few would they accept Federal judicial re- Brennan Center for Justice. and far between over the past year. But view of any adverse decision by a State Center for Constitutional Rights. count as one of them the imminent passage of bipartisan election reform legislation that administrative body. However, the Common Cause. Commission on Civil Rights. chief sponsor Sen. Christopher J. Dodd of state-based administrative procedure Caltech-MIT Voting Technology Project. Connecticut calls ‘‘the first civil rights act must meet basic due process require- Constitution Project. of the 21st century.’’ ments, including a hearing on the Disability Rights Education Defense Fund, Mr. Dodd is proud of this measure, and record if the aggrieved individual so Inc. rightly so. chooses. Election Center. It addresses many of the procedural and It is important to note that this International Union, United Automobile, technological flaws that cast a cloud over state-based administrative proceeding Aerospace & Agricultural Implement Work- the 2000 presidential election in Florida and is in addition to any other rights the ers of America. other states. Badly designed ballots that Judge David L. Bazelon Center for Mental aggrieved has and is limited only to confused voters, punch-card ballots that Health Law. were difficult to count, eligible voters who the adjudication of violations of the re- Lawyers Committee for Civil Rights Under were turned away from the polls and other quirements under Title III of this Act. Law. problems disenfranchised many voters in This enforcement scheme in no ways Leadership Conference on Civil Rights. Florida and elsewhere. replaces or alters the adjudication or League of Women Voters. Congress promised to act quickly to ad- enforcement provisions of any other Mexican American Legal Defense & Edu- dress the irregularities, but Senate and civil rights or voting rights law. cation Fund. House versions ran aground in the con- As with all provisions of this legisla- National Asian Pacific American Legal ference committee for months. Consortium. tion, the proof is in the implementa- But earlier this month, after intense nego- National Association for the Advancement tiations between House and Senate conferees tion of these requirements by the of Colored People. States. But nothing in this conference of both parties, Mr. Dodd announced agree- National Association for the Advancement ment on a bill that is expected to pass and be report requires States or localities to of Colored People( NAACP) Legal Defense & signed by President Bush, Senate action is change any voter eligibility require- Education Fund, Inc. scheduled today. Here, in part, is what the ments nor does this Act in any way in- National Association of Counties. legislation will do: National Association of Latino Elected and fringe upon the sole authority of State The federal government is authorized to Appointed Officials (NALEO) Education and local election officials to deter- spend $3.8 billion over the next three years Fund. to help states replace and renovate voting mine who is a duly registered voter. It National Association of Protection & Ad- equipment, train poll workers, educate vot- will require diligence and education of vocacy Systems. ers, upgrade voter lists and make polling State and local election officials to en- National Association of Secretaries of places more accessible to the disabled. Con- sure that these provisions do not serve State. necticut will be able to tap some of that National Association of State Election Di- to disenfranchise voters undermine the money, perhaps to complete its statewide rectors. purposes of this Act: to make it easier voter registration list and to buy new equip- National Coalition on Black Civic Partici- to vote, but harder to defraud the sys- ment if state officials decide to replace the pation. ancient mechanical voting machines. tem. National Commission on Federal Election As is the case with any historic legis- Reform (Carter-Ford Commission). A voter who does not appear on a registra- lation that goes to the core of our de- National Congress of American Indians. tion list cannot be turned away from the mocracy, a number of organizations National Conference of State Legislatures. polls, but must be allowed to cast a provi- participated in this effort. Yesterday, I National Council of La Raza. sional ballot. The ballot would be counted if recognized the efforts of over 60 staff National Federation of the Blind. election officials later confirmed that the National Puerto Rican Coalition, Inc. voter was eligible. members who participated in this ef- Voters must be given a chance to correct fort. As is often the case when trying Paralyzed Veterans of America. People for the American Way. any errors on their ballots before they are fi- to develop a comprehensive list, there Public Citizen. nally cast. is a danger that someone’s name will Puerto Rican Legal Defense and Education States will be required to develop uniform be inadvertently omitted. Unfortu- Fund. standards for counting ballots so that proce- nately, that did occur and I would be United Cerebral Palsy Associations. dures don’t vary from county to county or remiss in not recognizing the signifi- United States Public Interest Research precinct to precinct. cant efforts of Stuart Gottlieb of my Group. Anyone registering to vote after January staff. In addition to staff, I want to list On balance, this is a good bill. It is 2004 must provide a driver’s license number or the last four digits of his or her Social Se- the numerous organizations that have an historic bill. It is landmark legisla- curity number for verification. assisted in the development of this leg- tion. Members of the House of Rep- Some Democrats were uncomfortable with islation. While not every organization resentatives referred to this legislation the identification requirements, saying they supported every provision in this meas- last week as the first civil rights bill of would discourage first-time voters, the poor ure, each organization provided us with the 21st century. It is worthy of such a and immigrants. Requiring ID’s to cut down

VerDate Mar 15 2010 20:38 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16OC2.REC S16OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 16, 2002 CONGRESSIONAL RECORD — SENATE S10513 on fraud is sensible, however. Some Repub- minder of the price of inaction. Last week asking each of his U.S. Attorneys to meet licans were opposed to Washington inter- the conferees struck a deal that the full Con- with state election and law enforcement offi- fering in local elections. But clearly, min- gress is expected to approve within days and cials in the next month, says a recent inter- imum statewide standards are needed. This that President Bush is expected to sign into nal memo, to find ways to ‘‘work together to is an acceptable compromise. law. The legislation calls for a big infusion of deter electoral corruption and bring viola- federal resources into the administration of tors to justice.’’ [From the Washington Post, Oct. 10, 2002] elections—$3.9 billion over three years. Until The election reform bill compromise also FIXING DEMOCRACY’S MACHINERY Congress actually appropriates the money, includes much-needed attention to ballot in- tegrity. The heart of the bill is of course As recently as a month ago, hope of fixing however, this amounts to little more than a aimed at avoiding another Florida butterfly- serious flaws in the nation’s creaky voting promise—one on which Mr. Bush and the ballot fiasco, by sending $3.9 billion to the system appeared doomed on Capitol Hill. Congressional leadership are obliged to de- liver. states to upgrade their voting equipment and House and Senate negotiators, stalled over train poll workers, as if the job were all that some seemingly modest sticking points, ap- The funds will enable states to upgrade their equipment, train poll workers and oth- difficult. peared to have lost their stamina for repair- But the best provisions are those aimed at erwise improve how elections are adminis- ing glitches that have kept thousands of cleaning up voter lists. Beginning this Janu- tered. The legislation also imposes federal Americans from exercising their right to ary 1, new voters who register by mail will standards, starting in 2004. States must offer participate in the political process. Election have to provide a photo ID or another docu- ‘‘provisional balloting’’ for voters whose eli- reform was poised to become one more cas- ment, such as a utility bill, that shows a gibility is questioned at the polls, and a ualty of the partisan gridlock that has sty- name and address. States will also have to means of allowing voters who have made mied this Congress for much of the year. But maintain a statewide voter registration list. mistakes in casting their ballots a chance to last month’s chaotic Florida primary was a And voters who do not appear on a registra- bracing reminder that the nation’s damaged rectify them. States must also ensure access tion list will be able to cast a provisional election system poses a continuing threat to to disabled voters, establish uniform vote- ballot, to be counted only if its data can be our form of democracy. It was, fortunately, counting standards and create computerized later verified. the spark that ignited renewed fervor for registration lists. Our own view is that if a citizen is too lazy election reform and the event that galva- The legislation requires first-time voters to register before an election, he’s disquali- nized congressional negotiators to produce a who register by mail to verify their identity fied himself from voting. But these reforms compromise bill the president has said he when they vote. Some argue that this im- will at least address some of the problems will sign. poses too onerous a burden on minority vot- created by the disastrous ‘‘motor voter law’’ If the bill is enacted this week, as House ers. We disagree, although the Justice De- of 1994 that was supposed to increase voter and Senate leaders anticipate, the 2004 presi- partment will have to be vigilant to ensure turnout; instead it created many more op- dential election could be a far cry from the that this anti-fraud provision is not abused. portunities for cheating. 2000 Florida debacle. The days of antiquated The final draft of the legislation should also The people who pushed motor voter are punch-card voting machines, voter registra- spell out that this provision will not take ef- also the same folks now raising public tion roll confusion and botched elections fect until the full $3.9 billion is appropriated. doubts about the anti-fraud provisions of may be numbered. The bill adopted by the More might have been done to nationalize this election reform. They are liberal lobbies House and Senate negotiators would, for the election procedures, but in the context of who like to shout about the ‘‘possible dis- first time, impose minimum federal stand- America’s federalism, this legislation is a enfranchisement of voters,’’ as Kay Maxwell ards meant to guarantee the basic quality of sound accomplishment. of the increasingly ideological League of elections; allow voters to check their ballots Women Voters put it to the Los Angeles and correct errors; improve polling place ac- [From the Wall Street Journal, Oct. 7, 2002] Times. This is a subtle race-card play, sug- cess for the disabled; discourage fraud by re- CLEANING UP ELECTIONS gesting that the U.S. in 2002 resembles Bir- quiring new voters to provide a driver’s li- One of the most underreported stories in mingham, Alabama circa 1956. Even in the contested Florida election of cense number or the last four digits of their recent American politics has been the 2000, the black share of the total vote was a Social Security number and, if they apply by growth in election fraud. We’d even say that record high, which is hard to square with al- mail, a current photo ID card or utility bill; the politicians have been far ahead of the legations of voter intimidation. Connecticut and require states to have a computerized, press corps on this problem, perhaps because Senator Chris Dodd and other Democrats de- statewide voter registration database to pre- their futures depend on honest vote count- vent a person from voting in multiple juris- serve credit for overruling their staffs and ing. the liberal lobbies to cut a reform deal with dictions. To help states upgrade their voting Two useful cases in point are now coming machinery and train poll workers, the bill Republicans. out of Washington, of all unlikely places. With American politics now closely di- calls for $3.9 billion in federal money over One is the election reform bill that finally vided, many elections are bound to be close three years—$1 billion of which congres- looks ready to emerge from House-Senate and the temptation on both sides will be to sional leaders believe can be appropriated conference. The other is Attorney General shout fraud whenever they lose. That’s all during the current fiscal year to jump-start John Ashcroft’s effort this week to mobilize the more reason to attempt to deter fraud the reform effort. his department to counter fraud from now before Election Day. While the election reform bill is every bill through this Election Day of November 5. the ‘‘historic’’ federal response to Election Mr. Ashcroft has summoned assistant U.S. [From Newsday, Oct. 8, 2002] Day flaws that sponsors claim it to be, it attorneys from around the country to a day- ENACT BALLOTING REFORMS BUT ONLY IF would not supplant the functions of state long seminar tomorrow to focus on elections MONEY’S ATTACHED and local election officials. Their roles would crimes. There are plenty of anti-vote fraud remain essential. The legislation would, In resuscitating a bill to reform the na- laws on the books, but rarely if ever are alle- tion’s voting procedures, House and Senate however, substantially fund the new require- gations of fraud investigated, much less ments imposed on the states, with the fed- negotiators have crafted a solid approach to prosecuted. Mr. Ashcroft has invited three reduce the likelihood of future voting fias- eral government shouldering 95 percent of assistant U.S. attorneys with experience in the costs. That the final measure has drawn coes like those that roiled the 2000 presi- election crimes—from the ripe climates of dential election, whose results were unclear bipartisan congressional backing is testi- Kentucky, Alabama and New York—to share mony to the broad support across the nation for more than a month. their lessons and case studies. Congress dawdled too long for its reform to for revamping America’s election system. The Chihuahuas of the Beltway press corps have any impact Nov. 5. But the next presi- will be inclined to treat this as little more [From the New York Times, Oct. 8, 2002] dential race is just two years away, so law- than political public relations. But that’s makers should pass the bill—but only if the UPGRADING THE WAY WE VOTE why they miss so many stories, including the money to fund it is assured. The bill sets Congress now seems on the verge, at long outbreak of voting fraud in places like Phila- minimum federal standards for voting, in- last, of passing meaningful legislation to im- delphia, San Francisco and St. Louis. In the cluding error rates, and authorizes $3.9 bil- prove the reliability of American elections. latter, the dead and pets cast ballots in 2000; lion to help states cover the cost of compli- The House and Senate had earlier passed only last year the voter rolls in St. Louis in- ance. Without that money, reform would be bills addressing the flaws in voting equip- cluded 13,000 more names than the U.S. Cen- a sham; change would come slowly, if at all. ment and procedures that were so manifest sus lists as the total number of adults over That would be a shame as the bill strikes in the 2000 presidential vote. The sense of ur- age 18. In New York City earlier this year, a pretty good balance between autonomy and gency, however, seemed to erode as nego- the name of a candidate for lieutenant gov- accountability. Washington would monitor tiators sought to reconcile the two meas- ernor was discovered to have voted twice in performance and offer guidance on equip- ures. Democrats had second thoughts about a previous election. He dropped out after the ment procedural changes, but its rec- signing on to anti-fraud provisions, while Re- New York Post broke the story. ommendations would not have the force of publicans had qualms about expanding the It’s helpful for Mr. Ashcroft to draw public law. State and local officials would have federal government’s role in running elec- attention to this before Election Day, both wide discretion on how to meet the stand- tions. Then last month, Florida’s chaotic to mobilize his own department and perhaps ards, for instance, in choosing types of vot- Congressional primaries provided a fresh re- to deter those looking to commit fraud. He’s ing machines. The Justice Department could

VerDate Mar 15 2010 20:38 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16OC2.REC S16OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10514 CONGRESSIONAL RECORD — SENATE October 16, 2002 sue to enforce the new standards. But elec- Ford and Jimmy Carter, who are honorary It is long past time to get over it. tion reform wouldn’t be micromanaged from co-chairs of the National Commission on Washington. Federal Election Reform, said the bill ‘‘rep- [From the News and Record, Oct. 12, 2002] Election-reform bills passed the House and resents a delicate balance of shared respon- NEARLY TWO YEARS LATER, VOTING SYSTEM Senate months ago, but the effort to rec- sibilities between levels of government.’’ IS REFORMED oncile the two versions ran aground. Repub- They’re right—and the House and Senate Until last week, reform of the nation’s vot- licans sought safeguards against fraud; should approve what their negotiators have ing process was as dead as an uncounted Democrats wanted to make sure that new worked out. hanging chad. National outrage over Flor- identification requirements would not dis- There is a local footnote to the federal de- ida’s voting debacle in the 2000 presidential enfranchise voters. bate: When the Post-Gazette suggested re- election had been high-pitched, but Congress Under the current agreement, people reg- cently that some sort of voter ID was not a lost interest. Florida’s botched primary last istering to vote would have to provide a driv- bad idea for Pennsylvania, a couple of Demo- month—equipment failure, human error—put er’s license number or Social Security num- cratic legislators objected strongly. As this reform back on the radar screen. Congress ber. First-time voters who register by mail development in Washington illustrates, once passed bipartisan legislation last week that would have to present one of those docu- again the commonwealth is behind the authorizes $3.9 billion over the next three ments to poll workers before casting their curve. years to help states buy new voting equip- ballots. ment, computerize registered voter lists and Civil rights advocates worry that poor or [From the Baltimore Sun, Oct. 15, 2002] train poll workers. minority voters would be deterred by those GETTING OVER IT The bill also requires new voters who reg- requirements and by poll workers who might ister by mail to provide personal identifica- Angry and embarrassed over the election not apply them fairly and consistently. tion, such as a driver’s license or Social Se- debacle of 2000, the newly chosen Congress Those concerns are important and should be curity number, when they arrive at the polls. vowed to make reforming the antiquated, 50- closely monitored. But they should not de- The proviso prevents election fraud. state patchwork system its first order of rail reform. The bill also requires ‘‘provisional voting,’’ business. Now, it appears the election reform Voting is too fundamental to democracy meaning a voter who goes to the polls and bill will be among the last items enacted as for the nation not to get it right. whose registration cannot be validated is al- the 107th Congress stumbles to a messy lowed to vote. If election officials later close. [From the Pittsburgh Post-Gazette, Oct. 10, verify the voter’s registration, the vote A final vote of the Senate tomorrow and 2002] counts. North Carolina commendably adopt- the expected signature of President Bush ed ‘‘provisional voting’’ years ago. VOTING FOR PROGRESS: CONGRESSIONAL will establish federal standards intended to The legislation carefully pays constitu- NEGOTIATORS AGREE ON ELECTION REFORM ensure that eligible voters will never again tional obeisance to states’ rights. States, not If the 2000 presidential election in Florida be turned away from the polls or have their the federal government, will determine what weren’t enough of a debacle, the problems votes voided because of confusing ballots. constitutes a legal vote. That raises the experienced in the same state’s primary elec- The reforms come too late to apply to this specter of Florida’s recount of hanging tion last month made the point anew: year’s congressional elections, and may not chads. Yet Florida, and other states, will If American democracy is to retain any re- have been approved at all but for the botched supposedly have improved voting machines spect, Congress had better help the states Florida primary last month that kick-start- and better trained poll workers before the improve the way they hold elections. After ed a stalled legislative drive. 2004 presidential election when the reforms months of wrangling, Congress has risen to Much of the delay centered on a dispute become operative. the challenge, although controversy may over a requirement that first-time voters The bill enjoys bipartisan support but not still sink the effort. who register by mail show one of several without prior hassles. Republicans feared After House and Senate negotiators forms of identification at the polls. Repub- voter fraud and insisted on identification for reached agreement last week, Sen. Chris- lican senators, in particular, insisted on an new voters who register by mail. Fair topher J. Dodd, a Connecticut Democrat, ID requirement to fight voter fraud. enough. Democrats sought to expand the correctly observed that it ‘‘will help Amer- Civil rights groups complained such a re- franchise with ‘‘provisional voting’’ and reg- ica move beyond the days of hanging chads, quirement would impose a barrier to voting istering by mail. They, too, got their wish. butterfly ballots and illegal purges of quali- for low-income Americans who don’t have President Bush, whose brother, Jeb, is gov- fied voters.’’ Some $3.9 billion in federal drivers licenses or other common forms of ernor of Florida and has been tarnished by money would be provided to the states over identification. At a minimum, they argued, his state’s flawed voting system, is eager to three years for upgrading voting equipment, the request for such papers would be used as avoid a messy repeat performance. The presi- training poll workers and setting up a com- a way to harass or discourage voters. dent is expected to sign the authorization puterized voter database. Rep. Steny H. Hoyer of Maryland, a lead- bill and, ultimately, the appropriations bill But so much for the mechanics of voting, ing Democratic negotiator on the bill, won that funds it. the principal concern of Democrats. What House approval for a version of the measure It has taken a dawdling Congress two years about the Republican fear of voter fraud? without an ID requirement. But he faced a after the embarrassing 2000 presidential elec- This might be called the historic Tammany Senate that had voted 99–1 to include one. He tion to adopt voting reforms. If it had failed Hall problem, immortalized by the line and the vast majority of his colleagues, in- to do so, voters’ rights would have been egre- ‘‘Vote early and often.’’ cluding the Congressional Black Caucus, de- giously undermined. The Republicans had a point, whatever cided to accept the provision rather than let their political motives. Just as it is impor- the bill die. [From the Sarasota Herald-Tribune, Oct. 12, tant to make sure votes are counted prop- That was the right choice. The legislation 2002] erly, it is also crucial to the integrity of the directs $3.9 billion in aid to the states to re- FEDERAL ELECTION REFORM, FINALLY; FLOR- system to make sure that those voting are place outdated punch-card and lever voting IDA’S PROBLEMS HELPED CONGRESS RESOLVE entitled to do so. machines and to train poll workers. Among DIFFERENCES But civil rights groups and the League of its innovative features is a $5 million pro- Federal election reform appears to be a re- Women Voters of America object to any pro- gram to recruit college students to serve as ality at last. The nation can thank South vision that would require checking the IDs of poll workers and take over tasks now often Florida, whose recently bungled primary in- voters; they say such requirements would being performed by elderly party volunteers. spired Congress to resolve stubborn dif- unfairly discourage minorities and elderly Safeguards were also included: Voters ferences over a voting bill and push it toward people from voting. It is an understandable without identification or whose eligibility is final passage. concern, but it has been overblown. otherwise challenged would be allowed to The federal breakthrough comes too late The compromise legislation is hardly oner- cast provisional ballots so that no one who for Florida, but it’s welcome nonetheless. ous. Beginning Jan. 1, new voters who reg- turns up at the polls is turned away. Once it gains expected final approval, the istered by mail would be required to provide The most scandalous aspect of our voting measure will address the kind of funda- a current photo ID or another document such process is neither fraud nor errors but the mental election problems that savaged the as a utility bill with name and address. failure of half or more of all eligible voters 2000 presidential contest and—despite state Eventually, voters would have to supply part to even bother to cast ballots. reforms enacted in 2001—bit Florida again in of a driver’s license number or Social Secu- Congress cannot mandate civic enthu- the September primary. That federal reform rity number (or be assigned a number if they siasm. But it can help increase confidence in took so long is really a shame—but then, so didn’t have one). If questions arose about a the election process by doing away with a are botched elections. The Bush/Gore battle person’s eligibility to vote, he or she would system that routinely lets thousands of of 2000 taught Americans how frustrating the receive a provisional ballot that would be votes from those who do bother to show up act of voting can be when rules vary from counted if the registration were later go uncounted. state to state, county to county and chad to verified. Activists in both parties as well as voter chad. In a sign that the agreement is not as bad and civil rights advocates should work to- As time passed, however, Congress’ zeal to as advertised, the Congressional Black Cau- gether to implement the new procedures as reform the mess devolved into partisan quib- cus endorsed it. Former presidents Gerald quickly as possible and correct any flaws. bling. Though both the House and Senate

VerDate Mar 15 2010 20:38 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16OC2.REC S16OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 16, 2002 CONGRESSIONAL RECORD — SENATE S10515 passed election bills, the chambers lacked and the leadership here, for allowing us Stevens Thurmond Wellstone the resolve to work out their differences; the Thomas Voinovich Wyden to reach this point. Thompson Warner bills lay comatose for months and by sum- I urge the adoption of this conference mer were presumed dead. report. NAYS—2 Then came the September primary: Flor- Clinton Schumer ida’s newfangled machines and revised proce- I ask for the yeas and nays on the dures brought on precisely what they were conference report. NOT VOTING—6 designed to avoid—angry voters, disputed The PRESIDING OFFICER (Mr. Allard Gramm Sessions ballot and official confusion. EDWARDS). Is there a sufficient second? Enzi Hutchinson Torricelli Congress took note, resuscitated the elec- There is a sufficient second. The conference report was agreed to. tion bills and finally worked out a deal. It The yeas and nays were ordered. Mr. DODD. I move to reconsider the was announced last Friday in a ceremony long on self-congratulation and short on de- Mr. DODD. Mr. President, I suggest vote, and I move to lay that motion on tails. Here are some of the key points: the absence of a quorum. the table. The legislation would authorize nearly $4 The PRESIDING OFFICER. The The motion to lay on the table was billion to help states modernize voting ma- clerk will call the roll. agreed to. chines, educate voters, train poll workers The legislative clerk proceeded to The PRESIDING OFFICER. The Sen- and improve the administration of elections. call the roll. ator from Connecticut. (Separate appropriations bills are needed to Mr. REID. Mr. President, I ask unan- Mr. DODD. Mr. President, I thank my actually come up with the cash.) colleagues for their overwhelming sup- It would set more uniform election stand- imous consent that the order for the ards in machines, counting, and other re- quorum call be rescinded. port for this legislation. As I said ear- lated procedures, and set up a commission to The PRESIDING OFFICER. Without lier, it has been a long journey to bring lead this effort. objection, it is so ordered. us to this juncture. It would modernize the lists of registered Mr. REID. Mr. President, we have a We never claimed perfection in this voters; require voters to have the oppor- number of Senators who are stuck on a bill. It is a compromise, obviously. We tunity to correct their ballots if they err; train. As a result of that, we are going think it advances the cause of and allow provisional votes for people whose to start the vote now and give ample enfranchising people. I mentioned ear- eligibility is questioned. lier people who talked about dogs who It would require certain anti-fraud meas- opportunity for them to get here to ures; encourage better access for overseas vote. It is terribly unusual that we ex- may have voted. I find a certain and military voters; and contain criminal tend the vote, but we will this one amount of humor in that and a degree penalties for people who provide false infor- time. I ask for the regular order on the of seriousness, if that is the case. When mation in registering or voting. People who vote. we end up with 4 million to 6 million conspire to deprive voters of fair elections The PRESIDING OFFICER. The human beings who could not vote, I also would face criminal sanctions. question is on agreeing to the con- hope we will spend a lot of time talking Florida already has initiated many of about this legislation, making sure these reforms, but the troubled September ference report. The yeas and nays have primary proved that implementation re- been ordered, and the clerk will call people show up to vote who are alive quires lots of time and training. Congress the roll. and well. should bear this in mind and funds its legis- The assistant legislative clerk called I thank my colleagues for their back- lation accordingly, lest Florida-style embar- the roll. ing of this legislation. I look forward rassments pop up nationwide. Mr. REID. I announce that the Sen- to, I hope, a Presidential signature on Some civil rights groups oppose certain ator from New Jersey (Mr. TORRICELLI) this legislation, and then doing the identification requirements in the legisla- hard work of implementing the provi- tion, but these measures are needed to dis- is necessarly absent. Mr. NICKLES. I announce that the sions of this bill. courage fraud—a crime that injures every Mr. REID. Mr. President, will the voter’s right to be counted. Senator from Wyoming (Mr. ENZI), the Senator yield? Uniformity in election procedures, and Senator from Colorado (Mr. ALLARD), Mr. DODD. I yield. money to achieve it, are the key benefits of the Senator from Texas (Mr. GRAMM), Mr. REID. I say to the Senator, I can the federal legislation. Without consistency the Senator from Arkansas (Mr. from state to state and precinct to precinct, remember his managing the bill. It was HUTCHINSON), and the Senator from it’s difficult to guarantee that voters receive very tough. He did a wonderful job of Alabama (Mr. SESSIONS) are nec- equal protection—the concept on which the moving this most contentious legisla- essarily absent. Supreme Court leaned for its controversial tion through the Senate. The PRESIDING OFFICER. Are there ruling deciding the 2000 standoff. He was able to develop bipartisan As the court wrote with notable under- any other Senators in the Chamber de- support for it in committee and on the statement, ‘‘The problem of equal protection siring to vote? floor. There were many who felt we in election processes generally presents The result was announced—yeas 92, could never get this bill out of con- many complexities.’’ nays 2, as follows: This legislation could simplify many of ference, but the Senator from Con- those complexities. It deserves final approval [Rollcall Vote No. 238 Leg.] necticut was persistent, unyielding, and full funding. Now. YEAS—92 and we now have a bill. Mr. DODD. Mr. President, I say to Akaka DeWine Landrieu I hope people understand what a sea my colleagues how much I appreciate Allen Dodd Leahy change this is going to be for voting in Baucus Domenici Levin their patience on this. This has been a Bayh Dorgan Lieberman America. In Nevada, we need this legis- very long and arduous effort to get to Bennett Durbin Lincoln lation. The Secretary of State—who, this point. This is not a perfect piece of Biden Edwards Lott by the way, is a Republican—was one legislation, but I think it advances Bingaman Ensign Lugar of the first supporters of this legisla- Bond Feingold McCain considerably the role the United States Boxer Feinstein McConnell tion and developed a friendship with ought to be playing as a Federal Gov- Breaux Fitzgerald Mikulski the Senator from Connecticut as a re- ernment in the conduct of elections. Brownback Frist Miller sult of this legislation. It is that way Bunning Graham Murkowski The world looks and watches us. We Burns Grassley Murray all over the country. I only hope in the are not shy about lecturing people Byrd Gregg Nelson (FL) months and years to come, we under- about democracy. When we have error Campbell Hagel Nelson (NE) stand how important this is and put rates as we do and millions of people Cantwell Harkin Nickles our money where our mouths are. We Carnahan Hatch Reed turned away at the polls, it is long Carper Helms Reid have now authorized this most impor- overdue that we correct the system. Chafee Hollings Roberts tant legislation and have to fund it. This bill goes a long way in doing that. Cleland Hutchison Rockefeller This is groundbreaking, but I repeat, Cochran Inhofe Santorum It is a proud day. It ought to be for all Collins Inouye Sarbanes we have to put our money where our of us here who responded to the chal- Conrad Jeffords Shelby mouth is so we can implement this leg- lenge that was asked of us as a result Corzine Johnson Smith (NH) islation. I hope we do that. If we do of the elections of 2000. Craig Kennedy Smith (OR) that, it is going to make elections fair, Crapo Kerry Snowe I commend my colleagues in the Daschle Kohl Specter and it will make people feel good about other body, and the leadership there Dayton Kyl Stabenow their votes counting.

VerDate Mar 15 2010 20:38 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16OC2.REC S16OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10516 CONGRESSIONAL RECORD — SENATE October 16, 2002 None of this would have happened September 30, 2003, and for other purposes, Leslie Kalan, Menda Fife, and Betsy but for the doggedness of the Senator having met, have agreed that the House re- Schmid. from Connecticut. He simply would not cede from its disagreement to the amend- Mr. President, finally I commend the give up when many said it could not be ment of the Senate, and agree to the same House for their courtesy and coopera- with an amendment, signed by all of the con- done. ferees on the part of both Houses. tion. Chairman LEWIS and Representa- Mr. DODD. Mr. President, I noted tive MURTHA could not have been more earlier the support of House Members The PRESIDING OFFICER. The Sen- gracious. While there were many issues who did a tremendous job in getting a ate will proceed to the consideration of upon which we differed, we were able to the conference report. bill done. I talked about BOB NEY and resolve those in a friendly and con- (The report is printed in the House STENY HOYER. Obviously, bills do not structive fashion. get done just because they get done in proceedings of the RECORD of October 9, I note as well the great work of their the Senate. They can only finally get 2002.) fine staff led by Kevin Roper and Greg to the President’s desk if the other The PRESIDING OFFICER. Under Dahlberg, and including: body also acts, and without the leader- the previous order, there will now be 15 Betsy Phillips, Doug Gregory, Alicia minutes for debate, 5 minutes each for ship of BOB NEY of Ohio and STENY Jones, Greg Walters, Paul Juola, Steve the Senator from Hawaii, Mr. INOUYE, HOYER of Maryland, the Chair and Nixon, David Norquist, Greg Lankler, ranking Members of the House Admin- and the Senator from Alaska, Mr. STE- Clelia Alvarado, Paul Terry, Sarah istration Committee, we never would VENS, and the Senator from Minnesota, Young, Sherry Young, Chris Mallard, have had a negotiation to produce this Mr. WELLSTONE. David Killian and Bill Gnacek. product. The Senator from Hawaii. Mr. President this is a good bill, it is So I want to extend my appreciation Mr. INOUYE. Mr. President, I am exactly what our armed forces need, pleased to be here today with my co- to them and to JOHN CONYERS, who was and I urge all my colleagues to support my coarchitect of this bill going back chairman Senator STEVENS to present it. now a year and a half ago, who wanted our recommendations to the Senate on The PRESIDING OFFICER. Under to be available in Washington this the conference report for H.R. 5010, the the previous order, the Senator from morning, but he got delayed on a flight Department of Defense Appropriations Alaska is recognized. and could not be present for this final Act for fiscal year 2003. Mr. STEVENS. Mr. President, I am vote. When I first announced this bill, The conference agreement represents pleased to be here with my distin- I stood in the room with two people. a compromise reached after a month- guished colleague from Hawaii to offer One was John Sweeney of the AFL– long series of discussions by the man- this bill. It is the largest Defense bill agers. CIO. The other one was JOHN CONYERS, in history. It is a bill that merits the the dean of the Congressional Black Our recommendations bring the total support of every Member of the Senate. in the bill to $355.1 billion, $298 million Caucus in the House. JOHN CONYERS I do congratulate Senator INOUYE for was a tremendous supporter of this ef- below the Senate passed bill and $395 his leadership and for his hard work fort all the way through. I am very million above the House level. and cooperation with the Members of grateful to him, again grateful to This conference agreement rep- the House, whom he has named, with resents a good faith effort to balance STENY HOYER, BOB NEY, and a whole whom we have worked on this bill. host of people who made this possible: the priorities of the House and Senate We have had different views on this The NAACP, the AFL–CIO, disability in meeting our National Security re- bill, but we have proceeded without groups across the country, the Na- quirements. I am confident it achieves rancor and I think worked out a com- tional Association of Secretaries of that objective. promise that is satisfactory to the ad- State. There is a long list of organiza- Our time is brief today, so I will not ministration, particularly the Depart- tions that rallied behind this effort, detail all of the items in this measure. ment of Defense and the President. I and without their support we would not But I want to make three points. believe it is a balanced and fair bill. have been able to arrive at this mo- First, this bill is likely to be one of There were nearly $18 billion in dif- ment. the two appropriations bills to be com- ferences between the House and Senate So I thank all of those who were in- pleted before the election. As such, bills. All of these have been reconciled volved in this. I thank my colleague there were many items that members within the limits of discretion and with from Nevada for his very kind and gen- sought to have included in this con- good will. I think these compromises erous comments. ference report. I am happy to report to should receive overwhelming support the Senate that no extraneous matters from the Department because they ac- f were included by the conferees. This is tually make the bill much more func- RECESS a very clean bill. tional, more workable. It is the kind of The PRESIDING OFFICER. Under Second, last week the Senate passed bill that we should have in the times the previous order, the Senate will now a resolution authorizing the use of we are in now, where we are close to a stand in recess until the hour of 2:15 force against Iraq. It is imperative we very difficult problem as far as Iraq is p.m. pass this bill before we recess to ensure concerned. Thereupon, the Senate, at 12:42 p.m., our forces have the support they re- This bill fully funds all military re- recessed until 2:15 p.m. and reassem- quire to carry out whatever missions quirements for the armed services. It bled when called to order by the Pre- our Nation asks them. contains a 4.1-percent pay increase and Third, I commend my co chairman, siding Officer (Mr. CORZINE). lifetime health care benefits for the Senator STEVENS, for his work on this military retirees. f bill. He was instrumental in defending It further reduces the out-of-pocket DEPARTMENT OF DEFENSE AP- many of the priorities of the Senate, costs for some of the military families PROPRIATIONS ACT, 2003—CON- including our efforts to support strong who do not have the benefit of on-base FERENCE REPORT financial management in DoD: Fully housing. The PRESIDING OFFICER. Under funding the C–17 program and paying We really have tried to strike a bal- the previous order, the Senate will now off our unfunded liability on ship- ance between near-term readiness and proceed to the consideration of the building programs. the investments we must make for the conference report accompanying H.R. As always, my friend was assisted in future, as far as our defense establish- 5010, which the clerk will report. this by his very capable staff led by ment is concerned. The assistant legislative clerk read Steve Cortese, and including Sid This bill mandates full funding for as follows: Ashworth, Kraig Siracuse, Jennifer six Stryker brigades to transform our Chartrand, Alicia Farrell, and Nicole ground combat forces and adds funds The committee of conference on the dis- agreeing votes of the two Houses on the Royal. I also want to note the fine for future combat systems. amendments of the Senate to the bill (H.R. work of my staff: Charlie Houy, David For the Navy, funding the CVN–X 5010), making appropriations for the Depart- Morrison, Susan Hogan, Mazie and the DD–X and the littoral combat ment of Defense for the fiscal year ending Mattson, Tom Hawkins, Bob Henke, ship and the Virginia class submarine,

VerDate Mar 15 2010 20:38 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16OC2.REC S16OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 16, 2002 CONGRESSIONAL RECORD — SENATE S10517 all accelerate the introduction of a mendous contribution to this work in lease program to proceed without completely new 21st century tech- the House. meeting the Berry amendment restric- nology for the Navy. The Navy, Marine I urge approval of this conference re- tions on the use of foreign sourced spe- Corps, and Air Force all await deploy- port. cialty metals in the procurement of air ment of the Joint Strike Fighter, and JOINT COMPUTER AIDED ACQUISITION AND refueling tanker replacements. I, and so do we. The bill sustains the deploy- LOGISTICS SUPPORT PROGRAM many of my colleagues, are pleased to ment of that new aircraft and adds Mr. BYRD. Will my friend, the Sen- see that the report language seems to funds for two new engine options. The ator from Hawaii, who ably serves as indicate that this suspension of the Air Force receives funds to expand the the chairman of the subcommittee on Berry amendment is only applicable to effort for the production of the F–22, Defense, yield for a colloquy? this unique multi-year leasing pro- the C–17, and hopefully for the replace- Mr. INOUYE. I am pleased to yield to gram. I ask the distinguished Senator ment of our aging fleet of air refueling the Chairman of the Committee on ap- from Hawaii, am I correct reading this tankers. propriations, the Senator from West report language? One of the difficult dreams I have is Virginia. Mr. INOUYE. Mr. President, if I may a flight of our fighters coming back to Mr. BYRD. Is my understanding cor- respond to my good friend from Ne- meet a tanker and finding it is not rect that the FY 2003 Defense Appro- vada, he is correct that this report lan- there. We have to work on this and priations Bill now before the Senate guage does state that Section 308 from work very hard to make sure we have contains an increase of $21.5 million the FY 2020 Supplemental Appropria- the tanker capacity because our air above the President’s budget request tions bill only applies to this specific power depends entirely upon our tank- for the Joint Computer Aided Acquisi- Multi-year Aircraft Leasing Program er capability. These commitments will tion and Logistics Support, JCALS, and no other procurement or leasing deliver the capabilities we must have program, for a total FY 2003 program program. Mr. REID. Mr. President, I also for the fiscal years ahead of us. level of $58.9 million? would like to ask the Senator a ques- These systems not only contribute to Mr. INOUYE. The Senator is correct. tion regarding another aspect of the re- the war against terrorism today, but Mr. BYRD. I thank the Chairman for port language. This language directs they will fund replacement of equip- his assurances. If I may inquire fur- the Secretary of the Air Force to con- ment rapidly deteriorating. They must ther, it is also my understanding that duct a study and report to Congress on be functional for us in combat in the it is the committee’s intent that $21.5 a comparison of foreign and domestic- global war on terrorism. It is con- million of the JCALS funds in the sourced specialty metals to be used in sistent with the President’s budget re- Army RTDE account are to be spent this leased fleet of refueling tankers exclusively on activities directly re- quest. This bill in particular funds a with the specialty metal content of lated to the JCALS Tactical Logistics missile defense system at the Presi- military aircraft that have been pro- Data Digitization (TLDD) initiative, dent’s request. cured by the Air Force in the last five I hope all Members will realize, rang- which operates out of Hinton, WV. years. ing from ground- and sea-based mis- Mr. INOUYE. The Senator is correct It appears that this new study by the siles to airborne lasers, we are going to that it is our strong intention that the Air Force is designed to look at the have layers of defense that will protect TLDD initiative be expanded and de- specialty metal content on a new ‘‘sys- our troops abroad and at sea, and our ployment accelerated by use of the tem-level’’ basis rather than on the people here at home. That missile de- $21.5 million of JCALS Army RDTE current aircraft-by-aircraft basis. fense system must go forward. funds provided in the FY 2003 Defense Therefore, I am concerned that this Again, I commend my good friend, Appropriations bill. new ‘‘system-level basis’’ study could the chairman of the committee. It is a Mr. BYRD. I thank the Chairman. If be the first step in eroding the long- pleasure to work with him and the he would yield for a final question, am standing practice of determining Berry chairman of our full committee, Sen- I correct in my understanding that it is amendment compliance under a whole ator BYRD, in their efforts to move this the Committee’s further intent that new standard and could, in turn, harm bill forward. We have urged that the the JCALS Program leverage and ex- our domestic specialty metal industry Defense bill be first, and the Defense pand the capabilities of the Southeast and its employees. I would like to ask bill is first. It indicates the priority Regional Technical Center now pri- the Senator from Hawaii whether this that the whole national Federal Gov- marily located in Hinon, WV to provide new Air Force study will be used by the ernment places upon defense. I believe support and training for the TLDD ini- Appropriations Committee to advocate this conference report, as I said, merits tiative? This action will address a key additional Berry amendment exemp- the support of every Senator. recommendation by the Institute for tions for other procurement programs I also send my personal appreciation Defense Analysis in a study it prepared to modify the overall content require- to the chairman of the House sub- last year for the Office of the Secretary ments of the Berry amendment for fu- committee, Congressman JERRY LEWIS, of Defense to increase training and sup- ture military procurement programs? and the ranking member of the House port for the military services that uti- Mr. INOUYE. Mr. President, the Sen- subcommittee, Congressman JACK lize the JCALS program. ator from Nevada raises an excellent MURTHA. They have been very gracious Mr. INOUYE. The Senator from West point. I want to assure him and my col- people to work with under difficult cir- Virginia is correct. leagues that I strongly support the pro- cumstances. Mr. BYRD. I thank the Senator for visions of the Berry amendment and I I also ask that the Senate commend his clarification and assistance with am not interested in supporting any the staffs of both the majority and mi- this most important issue. legislative action that would harm our nority in the Senate and the majority APPLICATION OF THE BERRY AMENDMENT TO nation’s specialty metal industry or its and the minority in the House. These THE MULTI-YEAR AIRCRAFT LEASE PILOT PRO- employees. The exemption of the Berry people have worked behind the scenes, GRAM amendment for the Multi-Year Aircraft around the clock, sometimes through Mr. REID. Mr. President, I rise in Leasing Program was a unique situa- weekends, to eliminate the difficult order to enter into a colloquy with the tion and I do not believe the multi-year problems that have come up in this Senator from Hawaii to seek clarifica- leasing program should be the basis for bill. As I said, $18 billion of difference tion on the correct interpretation of any modification of the important air- and there is not an argument between report language in the conference craft-by-aircraft content requirements us in terms of this bill. But led by agreement report that deals with the inherent in the Berry amendment. I Charlie Houy here on the majority side Berry amendment and the Multi-Year hope this fully addresses the gentle- and Steve Cortese, who is by my side Aircraft Lease Pilot Program. man’s concerns. now, our staffs have worked, I think, As I read this language, it appears Mr. REID. Mr. President, I thank the just without any rancor at all. the report language provides an expla- Chairman for his support of the Berry I do want to say at last, though, nation of Section 308 in the fiscal year amendment and for his commitment to Kevin Roper and Greg Dahlberg, as 2002 Supplement Appropriations bill ensure a viable and healthy domestic Senator INOUYE mentioned, made a tre- that permitted the multi-year aircraft specialty metals industry.

VerDate Mar 15 2010 20:38 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16OC2.REC S16OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10518 CONGRESSIONAL RECORD — SENATE October 16, 2002 Mrs. CARNAHAN. Mr. President, I aircraft but for the military’s ongoing timate reported in the Washington am proud today to express my support modernization to transform and meet Post puts the cost of committing for the 2003 Defense Appropriations the challenges our country will face in United States forces in Iraq at $30 to Act. The Conference Report I will vote both the near and long term. $50 billion. This lower estimate as- for provides a much-needed boost to Mr. MCCAIN. Mr. President, I rise sumes, quoting the September 24, 2002 our Defense budget, a total of $355.1 bil- again to address the issue of wasteful Washington Post, a war ‘‘ . . . with lion, $21 billion more than was appro- spending in appropriations measures, inept enemy forces, no use of chemical priated for this year. This is the larg- in this case, the Appropriations Com- or biological weapons, access to bases est defense budget in our Nation’s his- mittee Conference Report to accom- and airspace in most Gulf states and tory, and it could not come at a more pany H.R. 5010, a bill to fund the De- Turkey, and low casualties on our important time. partment of Defense for fiscal year side.’’ It is quite obvious that the costs Our military is engaged in a global 2003. This legislation would provide of the use of force in Iraq will be sub- campaign against terror, and could be $355.1 billion to the Department of De- stantial. With the possibility of such a preparing for another war soon. It is fense. This year’s defense appropria- large expenditure in our future how essential that our military remains tions bill adds 1,760 programs not re- can Appropriators spend our precious outfitted with the most advanced quested by the President, at a further defense dollars so foolishly? equipment to meet threats to our Na- cost of $7.4 billion with questionable An Investor’s Business Daily article tion today as well as into the future. relationships to national defense at a published late last year entitled At the But our most important asset is our time of scarce resources, budget defi- Trough: Welfare Checks to Big Busi- soldiers, sailors, airmen, and marines. I cits, and underfunded, urgent defense ness Make No Sense, stated, ‘‘[a]mong am proud to support this bill, and its priorities. the least justified outlays [in the fed- funding for a 4.1 percent increase in Just last week the Senate passed the eral budget] is corporate welfare. Budg- basic pay for all service members. Iraqi War Resolution by a vote of 77 to et analyst Stephen Slivinski estimates This bill is good for the military, 23, authorizing the President of the that business subsidies will run $87 bil- good for the country, and good for Mis- United States to commit the United lion [in 2001], up a third since 1997. Al- souri. In fact, it funds over $293 million States Armed Forces to achieve a re- though President Bush proposed $12 for a number of Missouri defense gime change in Iraq. America remains billion in cuts to corporate welfare [in projects, many of which will directly at war, a war that continues to unite 2001], Congress has proved resistant. In- stimulate economic development in my Americans in pursuit of a common deed many post-September 11 bailouts State. In particular, the projects fund- goal, to defeat international terrorism. have gone to big business. Boeing is ed in this bill, from Boeing F/A–18 air- All Americans have, and undoubtably one of the biggest beneficiaries. . . . craft, to new advances in chemical and in the future will make sacrifices for While corporate America gets the prof- biological defenses, will support Amer- this war. Many have been deeply af- its, taxpayers get the losses. . . . The ica’s war effort against international fected by it and at times harmed by Constitution authorizes a Congress to terrorism. difficult, related economic cir- promote the general welfare, not en- Missouri’s single largest defense con- cumstances. Our servicemen and rich Boeing and other corporate behe- tract, the F/A–18 program employs over women in particular are truly on the moths. There is no warrant to take 4,000 people in the St. Louis area. I am front lines in this war, separated from from Peter so Paul can pay higher divi- pleased that the Defense Appropria- their families, risking their lives, and dends. In the aftermath of September tions Subcommittee increased funding working extraordinarily long hours 11, the American people can ill afford for this program by $120 million over under the most difficult conditions to budget profligacy in Washington. If the Administration’s Super Hornet accomplish the ambitious but nec- Congress is not willing to cut corporate budget proposal. essary task their country has set for welfare at a time of national crisis, Despite testimony by the Navy’s top them. what is it willing to cut?’’ leaders requesting an increase in fund- Despite the realities of war, and the Yet, Congress didn’t get the message ing for this program, the President’s serious responsibilities the situation this year. In the Fiscal Year 2003 De- original budget proposal reduced the imposes on Congress and the President, fense Appropriations conference report number of Super Hornets that the Navy the House and Senate Appropriations that we are considering today, the Ap- was originally scheduled to buy in 2003. Committees have not seen fit to change propriations Committees added nearly Under the existing contract between in any degree its blatant use of defense $500 million in aircraft procurement Boeing and the Navy, the Defense De- dollars for projects that may or may that the Department of Defense did not partment was scheduled to purchase 48 not serve some worthy purpose. Fur- request. There were funds appropriated aircraft in 2003. However, the Presi- thermore, some of the add-ons clearly for twenty-four types of aircraft; unfor- dent’s budget only proposed 44 aircraft impair our national defense by depriv- tunately none of these were identified to be purchased in 2003. ing legitimate defense needs of ade- by the military as requirements. It This continues a downward trend for quate funding. staggers the mind to think of what pro- the F/A–18’s budget, which is now in its Even in the middle of a war against grams the services desperately need third year of a multi-year contract. terrorism, a war of monumental con- could have been funded by $500 million. Coupled with reductions made in pre- sequences that is expected to last for Here is a very short list of just some vious years, the President’s proposed some time, the Appropriations Com- of the more egregious examples of De- 2003 budget would mark a total of 10 mittees remain intent on ensuring that fense appropriations aircraft cut in the course of three part of the Department of Defense’s $12 million for the 21st Century years. In response, I worked to restore mission is to dispense corporate wel- Truck. This program has been around funding for aircraft purchases. fare. It is a shame that at such a crit- for years and not once has the Depart- I was pleased that earlier this year, ical time, the United States Senate ment of Defense requested funding for the Senate passed a bill that included persists in spending money requested it. While I’m sure we all would love to an additional $240 million for this pro- and authorized only for our Armed jump into a truck that could be in a gram, even though the House did not. Forces to satisfy the needs or the de- James Bond movie, I’m not sure it is While the final conference report did sires of interests that are unrelated to appropriate for the Department of De- not fund this increase in full, it did defense and even, in truth, uncon- fense to pay for it. provide $120 million more than the cerned about the true needs of our $3.4 million for the Next Generation original proposal submitted to Con- military. Smart Truck. I suppose this is what we gress by the Administration. If the war against terrorism is taken will drive before the 21st Century This is an important development, to the Iraqi theater there will be bills Truck is ready. and I pleased to lend my support to to pay. White House economist, Law- $1 million for Canola Oil Fuel Cells. I this Conference Report today. Today’s rence Lindsey, estimates that a full would think that the only canola oil bill marks Congress’s continued back- scale mobilization in Iraq could cost as the Department of Defense should be ing for not only these critical tactical much as $100 to $200 billion. A lower es- investing in should be used for salad

VerDate Mar 15 2010 20:38 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16OC2.REC S16OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 16, 2002 CONGRESSIONAL RECORD — SENATE S10519 dressing for our troops, not inventing U.S. Air Force to lease 100 Boeing 767 weapons systems, aircraft and ships. batteries. commercial aircraft and convert them According to statute, readiness appro- $4.5 million for a Coastal Cancer Re- to tankers, and to lease four Boeing 737 priations or operations and mainte- search Center. A worthwhile expendi- commercial aircraft for passenger air- nance accounts, finance the cost of op- ture, but the Defense Appropriations lift to be used by congressional and Ex- erating and maintaining the Armed Bill is not the place for these funds to ecutive Branch officials. Congress did Forces. Specifically, included are the come from. not authorize these leasing provisions amounts for training and operation $1 million for Math Teacher Leader- in the fiscal year 2002 National Defense costs, pay of civilians, contract serv- ship. Authorization Act, and in fact, the ices for maintenance of equipment and $3 million in Impact Aid for Children Senate Armed Services Committee was facilities, fuel, supplies, and repair with Disabilities. not advised of this effort by Air Force parts for weapons and equipment. $19 million for International Sporting Secretary Jim Roche during consider- Using critical readiness dollars to pay Competitions. ation of that authorization measure. to lease 100 Boeing 767 tankers, under a $7.7 million for the Alaska Wide Mo- Again this year, without benefit of new start program, can only be prop- bile Radio Program. authorization committee debate or erly referred to as a mistake of great $1 million for Animal Modeling Ge- input—the Senate Appropriations Com- proportions that will eventually have netics Research. mittee has added funding in the Fiscal great consequences for all of our $2.6 million for the Pacific Rim Cor- Year 2003 Department of Defense Ap- Armed Forces and not just for the Air rosion Project. propriations bill in the amount of $3 Force. Since 1999, the defense budgets $6 million for the Pacific Disaster million for the ‘‘Tanker Lease Pilot have made strides to reverse years of Center Project. Program’’ for the proposed Boeing 767 under-funding in the readiness ac- $1 million for the Rural Telemedicine aerial tanker leasing scheme. Further- counts, however, I have serious con- Demonstration Project. more, additional language in the bill cerns about the future state of pre- These are just a few glaring examples modifies a provision that had been paredness of our units and our men and of the more than 1,760 Member addi- carefully negotiated by the Office of women in the military if we continue tions that leave many people scratch- Management and Budget, OMB, with to follow the advice of the Secretary of ing their heads trying to find the link appropriators last year, and may now the Air Force under some ‘‘rob Peter to to defense program funding. permit the Air Force to circumvent pay Paul’’ leasing scheme. law, OMB and standard leasing ar- Here is a very abbreviated list of There is yet another egregious legis- rangements and, with respect to the 100 some of the member additions that, lative provision included in the appro- Boeing 767s, will allow the Air Force to while at least connected to the Depart- priations bill that certainly could be defer the termination liability costs ment of Defense, were still not re- regarded as a bail out for Boeing. This up-front, unprecedented in leasing ar- quested in the President’s budget nor provision would authorize the Air rangements according to leasing ex- were they on any of the service’s un- Force to pay annual advance pay- perts and certainly against good busi- funded priority lists. Remember, every ments, up to one year in advance, for ness practices. one of these additions come at the ex- leasing Boeing 767 tanker aircraft. I In multi-year contracts such as pense of programs that our services would like to have one of my col- leases there is a statuary requirement need to carry out their missions. For leagues from the Appropriations Com- to obligate money for termination li- every dollar spent on these additions, mittee explain to me how is this provi- ability payments in the first year of it is one taken out of priority pro- sion in the best interest of the govern- the contract. The reason is quite sim- grams. ment or the taxpayer for that matter. $53 million in Distance Learning. ple. If the government, the Air Force in This Boeing leasing arrangement is $101.3 million in Defense Wide Ad- this case, cancels the contract then the projected to cost $20 billion, that ministration Activities. Air Force is required to pay Boeing for means the Air Force may have to pay $44 million for Multi-Purpose Vehi- breaking the terms of the contract. up front, each year, literally billions of cles. What would happen if a Boeing 767 dollars to Boeing with the promise to $58.5 million for Automated Data tanker was hit by hostile fire which deliver aircraft later what a deal, cour- Processing Equipment. caused a catastrophic fire onboard and tesy of the Appropriations Committee. $30.8 million for Non-System Train- the Boeing 767 tanker crashed. Under a As a senior member of the Armed Serv- ing Devices. similar leasing arrangement like the ices Committee, I would have liked to $14 million for Drones and Decoys. one that the Air Force signed with the have heard some testimony regarding $6.7 million in Base Information In- Boeing Company for Boeing 737 VIP this significant change in acquisition frastructure. Executive aircraft, ‘‘loss or destruction policy. In fact, the Armed Services $1 million in Polar Fleece Shirts. of the aircraft constitutes a notice of Committee is the proper committee to $5 million for the Institute for Cre- cancellation’’ and under the terms of make recommendations as to reform- ative Technology. the lease the Air Force would be re- ing defense procurement policy, not $2 million for the Center for Geo- quired to make a termination liability the Appropriations Committee. The Sciences. payment. Not planning for this is irre- truth is there is no gain to the govern- $3 million for the Concepts Experi- sponsible, especially concerning mili- ment for this provision the gain is all mentation Program. tary aircraft which operate in harms on the side of the ledger of the Boeing $2 million for the Consortium for way with great regularity. This Company. This is waste that borders on Military Personnel Research. deferment of termination liability pay- gross negligence. I will not list the rest of the addi- ment is an unfunded federal liability. tions as that would take hours. A larg- This leaves Congress with no recourse Does the appropriations committee er list of Defense Appropriations Con- but to foot the cost of this unfunded li- have any respect for the authorizing ference Committee earmarks is avail- ability with the Boeing Company and committees in the Senate? I don’t able on my website. I find it incredible leaves the taxpayer stuck with a big think so. that we are funding these unrequested bill without any say in the matter. I believe this expensive aerial tanker and unneeded programs when we have Boeing gets paid under this termi- lease program to be a new start that more than 500 items that the Depart- nation liability clause, yet the tax- has been estimated by the Office of ment of Defense says they need on payer is out an aircraft. Management and Budget to cost be- their ‘‘Unfunded Priority Lists’’. Particularly disconcerting is a provi- tween $20–$30 billion over six years. A You will recall that last year, during sion that would allow the Air Force to program of this magnitude should re- conference negotiations on the Depart- fund the Boeing 767 aerial tanker lease quire considerable consultation with ment of Defense Appropriations Act for from Air Force readiness appropria- the Secretary of Defense directly, not Fiscal Year 2002, the Senate Appropria- tions rather than the ususal procure- just that of Air Force Secretary Jim tions Committee inserted into the bill ment accounts already committed to Roche or his staff or a nebulous entity unprecedented language to allow the purchase $72 billion worth of other new know as the Leasing Review Panel that

VerDate Mar 15 2010 20:38 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16OC2.REC S16OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10520 CONGRESSIONAL RECORD — SENATE October 16, 2002 was recently organized by the DOD ac- year’s lease payment, even though the According to the Air Force ‘‘Tanker quisition secretary and DOD comp- agreement was a legally enforceable Requirement Study 05,’’ replacing the troller for the sole purpose to rec- commitment to fully pay for the asset KC–135E fleet with leased Boeing 767 ommend leasing major weapons plat- over time.’’ OMB’s letter continued by tankers would not solve, and could ex- forms such as aircraft, vessels, and explaining that this loophole had per- acerbate, the shortfalls identified in combat vehicles according to the mitted the General Services Adminis- the TRS–05. Project on Government Oversight. I am tration to agree to 11 lease-purchase According to the DOD IG, the Air deeply concerned that the Armed Serv- agreements with a total, full-term cost Force competition/Request for Infor- ices Committees have not been given of $1.7 billion, but to budget only the mation, RFI, on leasing tankers was adequate time for review, inspection or first year of lease payments. OMB’s let- only 14 days, not the ususal length of comment on this significant, unprece- ter stated, ‘‘[t]he scoring hid the fact time of 90 days constituting a concern dented proposal and that we do not that these agreements had a higher regarding the true nature of the com- have the advice of the Defense Sec- economic cost than traditional direct petition. retary that this program is warranted. purchases and in some cases allowed The Congressional Budget Office has Recall, however, that we did hear from projects to go forward despite signifi- reported that a long-term lease of the Defense Secretary about the cant cost overruns. . . .’’ Sounds very tanker aircraft would be significantly Army’s Crusader that would have had a familiar. more expensive than a direct purchase total program cost of only a half to a As I mentioned before on the Senate of such aircraft. third as much as Air Force’s scheme to floor when the Fiscal Year 2002 Defense According to DOD, while the KC–135 lease Boeing 767 aerial tankers. Appropriations Conference Report was is an average of 35 years old, its air- I appreciate the Secretary of De- being debated, this is a sweet deal for frame hours and cycles are low with fense’s strong support for the practice the Boeing Company that I’m sure is proper maintenance and upgrades the of using American taxpayers’ money in the envy of corporate lobbyists from KC–135 may be sustainable for another a cost-effective manner to procure the one end of K Street to the other. The 35 years. best weapon system, at the best price Project on Government Oversight a po- But this is just another example of for our men and women in uniform. I litically independent, non-profit Congress’ political meddling and of strongly endorse this practice. On June watchdog organization called Sec- how outside special interest groups 28, 2001, in testimony before the Senate retary Roche’s Boeing tanker lease have obstructed the military’s ability Armed Services Committee, the De- deal ‘‘ . . . a textbook case of bad pro- to channel resources where they are fense Secretary said, ‘‘[w]e have an ob- curement policy and favoritism to a most needed. I will repeat what I’ve ligation to taxpayers to spend their single defense contractor.’’ said many, many times before, the money wisely. Today, . . . there is no Let me review some of the highlights military needs less money spent on real incentive to save a nickel. To the of the information and costs of this pork and more spent to redress the se- contrary, the way the Department op- leasing scheme that have been provided rious problems caused by a decade of erates today, there are disincentives to to the Congress by the Office of Man- declining defense budgets. saving money. We need to ask our- agement and Budget, the General Ac- This defense appropriations bill also selves: how should we be spending tax- counting Office, the Department of De- includes provisions to mandate domes- payers dollars? We are doing two fense Inspector General, the Congres- tic source restrictions; these ‘‘Buy things: First, we are not treating the sional Budget Office, the Department America’’ provisions directly harm the taxpayers’ dollars with respect—and by of Defense, and other important out- United States and our allies. ‘‘Buy not doing so, we risk losing their sup- side independent experts: America’’ protectionist procurement port; second, we are depriving the men GAO estimates the cost to lease 100 policies, enacted by Congress to pro- and women of our Armed Forces of the Boeing 767 tankers for 6 years to be $20 tect pork barrel projects in each Mem- training, equipment and facilities they to $30 billion. ber’s State or District, hurt military need to accomplish their missions. GAO estimates that the cost to mod- readiness, personnel funding, mod- They deserve better. We need to invest ernize and upgrade 127 KC–135 Es to ernization of military equipment, and that money wisely.’’ ‘‘R’’ Models is $3.6 billion; a $22.4 bil- cost the taxpayer $5.5 billion annually. The tanker leasing debate has not lion savings to leasing 100 tankers. In many instances, we are driving the benefited from authorization com- GAO estimates the cost for building military to buy higher-priced, inferior mittee input or a clear understanding new infrastructure for 100 Boeing 767 products when we do not allow foreign of the Secretary of Defense’s views on tankers to be $1.7 billion, the same cost competition. ‘‘Buy America’’ restric- the requirement for this large procure- to modernize 59 older KC–135 tankers. tions undermine DOD’s ability to pro- ment plan and the alleged Department The Air Force estimates that their cure the best systems at the least cost of Air Force’s change in policy to pro- current fleet of KC–135s have between and impede greater interoperability cure major weapons platforms, such as 12,000 to 14,000 flying hours on them and armaments cooperation with our aircraft, through leasing schemes. I am only 33 percent of the lifetime flying allies. They are not only less cost-ef- concerned the impact of these provi- hour limit and no KC–135E’s will meet fective, they also constitute bad policy, sions has not been adequately scruti- the limit until 2040. particularly at a time when our allies’ nized, and the full cost to taxpayers According to the Air Force, the Mis- support in the war on terrorism is so has not been sufficiently considered. sion Capable Rate for KC–135 tankers is important. I would like to note that OMB Direc- 80 percent the highest in the Air Force Secretary Rumsfeld and his prede- tor Mitch Daniels has often indicated inventory. The B–2 Mission Capable cessor, Bill Cohen, oppose this protec- his preference to maintain scrutiny of Rate by comparison is 39 percent. tionist and costly appropriations pol- government leasing practices out of re- According to the Air Force Air Mo- icy. However, the appropriations’ staff gard for U.S. taxpayers. Just last year, bility Command, there is no require- ignores this expert advice when pre- in a letter from the OMB Director to ment to begin replacing KC–135’s before paring the legislative draft of the ap- Senator Kent Conrad, OMB cautioned fiscal year 2013. propriations bills each year. The de- against eliminating rules intended to OMB reports that the current fleet of fense appropriations bill include sev- reduce leasing abuses. OMB’s letter KC–135s is in good condition. eral examples of ‘‘Buy America’’ pork, emphasized that the Budget Enforce- According to OMB, leasing 100 Boeing prohibitions on procuring anchor and ment Act (BEA) scoring rules ‘‘were 767 tankers, cost $26 billion, will result mooring chain components for Navy specifically designed to encourage the in an overall decrease of total tanker warships; main propulsion diesel en- use of financing mechanisms that min- fleet capacity of 2 million pounds of gines and propellers for a new class of imize taxpayers’ costs by eliminating fuel; whereas upgrading 126 KC–135 Es Navy dry-stores and ammunition sup- the unfair advantage provided to lease- to ‘‘R’’ models, cost $3.2 billion, will re- ply ships; supercomputers; carbon, purchases by the previous scoring sult in an increase of total tanker fleet alloy, or armor steel plate; ball and rules. Prior to the BEA, agencies only capacity of 1.7 million pounds of fuel roller bearings; construction or conver- needed budget authority for the first over and above existing capacity. sion of any naval vessel; and, other

VerDate Mar 15 2010 20:38 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16OC2.REC S16OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 16, 2002 CONGRESSIONAL RECORD — SENATE S10521 naval auxiliary equipment, including can effectively carry out whatever mestic violence is something that we pumps for all shipboard services, pro- peacekeeping, humanitarian, warfight- in Congress must constantly work to pulsion system components such as en- ing, or other missions they are given. prevent, reduce, and eventually end. gines, reduction gears, and propellers, They deserve the across-the-board pay Having such reporting will help us shipboard cranes, and spreaders for raises of 4.1 percent, the incentive pay work with the Military to address this shipboard cranes. for difficult-to-fill assignments, and terrible problem. I am pleased that an amendment that the reduced out-of-pocket housing The National Defense Taskforce on I introduced on the Senate floor car- costs from the current 11.3 percent to Domestic Violence reported that ‘‘Do- ried through Conference Section 8147. 7.5 percent contained in this conference mestic Violence is an offense against This legislative provision would pro- report. the institutional values of the Military hibit spending $30.6 million for leasing The report would also fully fund ac- Services of the United States of Amer- of Boeing 737 VIP Executive aircraft tive and reserve end strengths, includ- ica. It is an affront to human dignity, under any contract entered into under ing well over 700 new positions for the degrades the overall readiness of our any procurement procedures other Army National Guard, which will hope- armed forces, and will not be tolerated than pursuant to the Competition and fully ease the current burden on our in the Department of Defense.’’ I do Contracting Act which promotes full overstretched men and women in uni- not think anyone who has followed the and open competition procedures in form. For many years running, those in recent events at Fort Bragg would dis- conducting a procurement for property our Armed Forces have been suffering agree. or services. I believe this amendment from a declining quality of life, despite Sadly, the North Carolina incidents, would ensure full and open competition rising military Pentagon budgets. The while unusual in that they were clus- with respect to Boeing 737 VIP Execu- pressing needs of our dedicated men tered within such a short time, are not tive aircraft. Although last year’s DOD and women in uniform, and those of unique. The Naval Criminal Investiga- Appropriations bill specified 4 Boeing their families, must be addressed as tive Service reported 54 domestic homi- 737 aircraft, it did not authorize the they continue to be mobilized in the cides in the Navy and Marines since lease solely from the Boeing Company. war against terrorism. This conference 1995. The Army reported 131 and the Air Yet the Air Force only negotiated a report goes far in addressing those Force reported 32. This is a problem sole source contract totaling nearly needs. In addition, it provides $150 mil- that is by no means limited to the $400 million with the Boeing Company, lion for Army peer review breast can- military, but its dimensions in the seemingly in direct violation of this cer research and $85 million for pros- military context are complex. They statutory language if they disburse tate cancer research. need to be addressed. I know that Sec- funds for this VIP Executive aircraft The conference report also provides retary Rumsfeld and Deputy Secretary lease without a fair and open competi- $417 million for the Nunn-Lugar Coop- Wolfowitz share that view. I applaud tion. In today’s failing economy, I erative Threat Reduction Program, the Secretary and the Deputy Sec- imagine there are many leasing enti- which seeks to secure airtight control retary for the attention they have ties that would like to compete for this over fissile materials and technologies given to this issue and the willingness lucrative leasing arrangement with the from Russia and other former Soviet they have shown to address it. I also Air Force. With the downturn in the Union states to ensure that none applaud my colleagues, particularly commercial aviation industry and the makes its way into the hands of terror- Senator INOUYE and Senator STEVENS, serious financial condition of most air- ists or to places like Iraq. Further, the for their leadership in passing this im- lines in the United States, it is very report gives $70 million more than the portant legislation. likely that there are more than a few administration requested to fund I am however, very disappointed that airlines that would like to participate Israel’s Arrow antimissile program, the conferees took out an amendment, in a full and open competition to pro- which could protect Israel against Scud that I offered and which the Senate vide excess Boeing 737 transport air- missiles fired by Iraq. Finally, the re- adopted, that would have barred any craft under some leasing arrangement port shifts $368.5 million from Crusader funds in this bill from being used to with the Air Force. research and development to a new, enter contracts with U.S. companies I look forward to the day when my lighter cannon, which will engage the who incorporate overseas to avoid U.S. appearances on the Senate floor for expertise of the highly skilled work- taxes. this purpose are no longer necessary. I force at the United Defense Industries Former U.S. companies who have re- reiterate, over $7.4 billion in plant in Minnesota. For these reasons nounced their citizenship currently unrequested defense programs have and others, I will vote for it today. hold at least $2 billion worth of con- been added by the Committee to the I also thank my colleagues on the tracts with the Federal Government. I defense appropriations bill. Consider conference committee for their hard don’t think that companies who aren’t how that $7.4 billion, when added to the work and their passage of an amend- willing to pay their fair share of taxes savings gained through additional base ment I included in the Senate version should be able to hold these contracts. closings and more cost-effective busi- of the Department of Defense appro- U.S. companies, that play by the rules, ness practices, could be used so much priations bill. The final bill includes $5 that pay their fair share of taxes, more effectively. The problems of our million to put confidential victim ad- should not be forced to compete with Armed Forces, whether in terms of vocates on military installations bad actors who can undercut their bids force structure or modernization, could across the country. This would ensure because of a tax loophole. be more assuredly addressed and our that victims whose lives are in danger The loophole gives tens of millions of warfighting ability greatly enhanced. have an alternative place to turn that dollars in tax breaks to major multi- The American taxpayers expect more is confidential and where their needs national companies with significant of us, as do our brave servicemen and can be met without qualification. non-U.S. business. It also puts other women who are, without question, The bill will also ensure that funds U.S. companies unwilling or unable to fighting this war on global terrorism are made available to establish an im- use this loophole at a competitive dis- on our behalf. partial, multidisciplinary, confidential advantage. No American company But for now, unfortunately, they Domestic Violence Fatality Review should be penalized staying put while must witness us, seemingly blind to Team. The team would be charged with others renounce U.S. ‘‘citizenship’’ for our responsibilities at this time of war, investigating every domestic fatality a tax break. going about our business as usual. in the military and helping to find Well, the problem with all this is Mr. WELLSTONE. Mr. President, I ways to prevent fatalities in the fu- that when these companies don’t pay rise today in support of the Defense De- ture. their fair share, the rest of American partment appropriations conference re- Finally, this bill would require that tax payers and businesses are stuck port. the Secretary report to Congress on with the bill. I think I can safely say I believe we must provide the best progress in implementing the rec- that very few of the small businesses possible training, equipment, and prep- ommendations of the National Defense that I visit in Detroit Lakes, MN, or aration for our military forces, so they Task Force on Domestic Violence. Do- Mankato, in Minneapolis, or Duluth

VerDate Mar 15 2010 20:38 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16OC2.REC S16OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10522 CONGRESSIONAL RECORD — SENATE October 16, 2002 can avail themselves of the Bermuda Specifically, I would like to point out taken a solid step toward the trans- Triangle. some very important programs that formation of the United States mili- I should also say, that the amend- have a great deal of bearing on the tary. While much work remains to be ment that the conferees dropped was safety of our country. As the ranking completed in the coming years, it really a very mild version. It was most- member on the Strategic Sub- bodes well for our men and women in ly prospective, and it only affected fis- committee, I have made it abundantly the armed services that Congress will cal year 2003. I think it is appropriate clear how important missile defense is continue to support them in the de- for us to say that if the U.S. company to not only our defense, but also our fense of our country.∑ wants to bid for a contract for U.S. de- close allies. The most advanced cooper- Mr. FEINGOLD. Mr. President, I will fense work, then it should not re- ative military project between the vote against the conference report ac- nounce it’s U.S. citizen for a tax break. United States and Israel is the Arrow companying the fiscal year 2003 De- We all make sacrifices in a time of missile defense system—a theater wide partment of Defense appropriations war, the only sacrifice this amendment missile defense system capable of bill. I regret that Congress has missed asked of federal contractors is that shooting down ballistic missiles fired another opportunity to reorient the they pay their fair share of taxes like at Israel or U.S. troops stationed in the thinking, and spending, of the Pen- everybody else. Middle East. The Arrow system is oper- tagon. My final point on this issue is that it ational, providing Israel with a func- I strongly support our men and is now clear that this fight is going to tioning defense against surface-to-sur- women in uniform in the ongoing fight take place on the Homeland Security face missiles. against global terrorism and in their bill. The Senate has adopted a very The appropriations conferees agreed other missions, both at home and strong amendment that I offered. on this priority and have provided $70 abroad. I commend the members of the There is a very similar amendment in million to continue funding this very National Guard and Reserves and their the House passed bill. If the Repub- important program. This funding will families for the sacrifices they have licans would end their filibuster of the ensure that Arrow remains capable of made to protect our security and free- homeland security bill we could get it providing reliable protection against dom. All members of our military and to conference and get a good provision evolving threats, such as decoys and their families, active duty, National signed into law to crack down on these faster and longer-range ballistic mis- Guard, and Reserves, deserve our sin- tax cheats. The Congress will not dodge siles and also speed production of addi- cere thanks for their commitment to this issue. protect this country and to undertake ∑ tional Arrow missiles. Mr. ALLARD. Mr. President, after Likewise, I am encouraged by the $15 the fight against terrorism in the wake many long months of negotiation, the million allocated to purchase commer- of the horrific attacks of September 11, fiscal year 2003 Defense Appropriations cial satellite imagery. Three high-level 2001. will finally come to a close today. I add DOD commissions, the Space Commis- And they deserve our support as they my strong support for this bill and sion, the NRO Commission, and the face the uncertainly surrounding pos- would like to thank Senators INOUYE NIMA Commission, all stated that DOD sible military action against Iraq. and STEVENS for their work to ensure needs to better utilize commercial im- Each year that I have been a member our continuing support for the men and of this body I have expressed my con- agery. The NIMA Commission sug- women in the United States Armed cern about the priorities of the Pen- gested that a new OSD account should Services. tagon and about the process by which be established with an initial budget of At the very beginning of his adminis- we consider the Department of Defense $350 million for the first year. The tration, President Bush made it a pri- authorization and appropriations bills. Space Commission stated that the ority to rebuild our military after 8 I am troubled that the Department of ‘‘U.S. Government could satisfy a sub- years of substantial and dangerous lev- Defense does not receive the same scru- stantial portion of its national secu- els of operation and maintenance fund- tiny as other parts of our Federal budg- rity-related imagery requirements by ing shortfalls under the previous ad- et. This time of national crisis under- purchasing services from the U.S. com- ministration. Those of us in the Senate scores the need for the Congress and have also heeded this call and I am mercial imagery industry.’’ I am con- the Administration to take a hard look pleased that we are about to take the vinced that there is yet more untapped at the Pentagon’s budget to ensure next step in maintaining a military potential with commercial space im- that scarce taxpayer dollars are tar- fully capable of defending our Nation agery, and I believe this is a good first geted to those programs that are nec- and meeting our foreign policy goals. step. essary to defend our country in the This Defense Appropriations bill also While some balked at the largest de- post-Cold War world and to ensure that provided funding for a number of devel- fense budget increase in nearly 2 dec- our Armed Forces have the resources opmental programs critical to space- ades, I support the President in his ef- that they will need for the battles forts to transform our military. His based systems and technologies. The ahead. reasoning for this increase is firm, and Network, Information, and Space Secu- There can be no dispute that Con- I quote the President for his two rea- rity Center will facilitate cooperation gress should provide the resources nec- sons behind the plan: for protecting information and infor- essary to fight and win the battle I sent up to Congress the largest increase mation systems, which is becoming in- against terrorism. There should also be in defense spending since Ronald Reagan was creasingly important in the face of no dispute that this ongoing campaign the President. I did it for two reasons. One, cyberterrorism threats from around should not be used as an excuse to con- any time we commit our troops into harm’s the world. The Center for Geosciences tinue to drastically increase an already way, they deserve the best pay, the best is a leading-edge environmental re- bloated defense budget. equipment, and the best possible training. search center continuously improving The conference report on which we And secondly, the reason I asked for an in- weather forecasts for our military are about to vote accompanies what crease the size of which I did is because I forces around the world. TechSat 21 wanted to send a message to friend and foe will be the largest defense appropria- alike that when it comes to the defense of will demonstrate the technical and tions bill that Congress has ever our freedoms, we’re not quitting. There’s not operational feasibility of microsat- passed. It represents a $34.1 billion in- calendar on my desk that says, well, we’ve ellites—a truly transformational ap- crease over the fiscal year 2002 level, reached this time, it’s time to stop. That’s proach to space-based systems. And fi- including supplemental defense spend- not how I think. That’s not how America nally, the GPS Jammer Detection and ing that was appropriated in the wake thinks. We want our friends understanding location System will enable our mili- of the September 11 attacks. It rep- that. We want the enemy to know it, as tary commanders to rely on GPS and resents a $54.5 billion increase over the well—that when it comes to the defense of GPS-supported systems such without our country, comes to defending the values fiscal year 2001 funding level. we hold dear, it doesn’t matter how much it the threat of interference or jamming The United States spends more on de- costs, it doesn’t matter how long it takes, by the enemy. fense than all of the other countries of the United States will be firm and resolved. While we find ourselves at the end of the world combined. We owe that to our children, and we owe it another legislative year, the Senate Of course, a strong national defense to our children’s children. and our colleagues in the House have is crucial to the peace and stability of

VerDate Mar 15 2010 20:38 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16OC2.REC S16OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 16, 2002 CONGRESSIONAL RECORD — SENATE S10523 our nation. But a strong economy is serve our country—from salaries to liv- Senator LIEBERMAN is on the floor. If also essential to national security. We ing conditions, you name it; it is just this homeland defense bill goes in, we must not focus on one to the detriment an important piece of legislation. have this provision in that bill. I am of the other. Many of the expensive I also thank both of my colleagues counting on Senator LIEBERMAN’s sup- weapons systems for which there are for fighting in the conference com- port. billions in appropriations in this con- mittee to keep an amendment in that I thank Senator INOUYE for fighting ference report have little or nothing to deals with the problem of domestic vio- as hard as he could. do with the fight against terrorism, lence and sexual assault. We all agree I want to say to the House Repub- which is often cited as the reason for that both Under Secretary Wolfowitz lican conferees, you are not going to the $34 billion increase in defense and Secretary Rumsfeld are well aware win this fight. This is going to come spending for fiscal year 2003. I am con- of some of the problems and are more back. You are not going to win this cerned that if we continue down this than willing to put together the nec- fight. And you are way out of sync with path, defense spending will spiral fur- essary task force and really take a about 90 percent of the people in this ther out of control, perhaps putting long, hard look at this to make sure we country on this question. other areas of our economy at risk. do what we need to do. I thank them Listen, I have been involved in fights I am pleased that this conference re- for that. on the floor of the Senate where I was port contains no funding for the This amendment also says we really the one who was in the minority. Army’s Crusader mobile artillery pro- need, on our bases, to have a place But let me tell you, on this question, gram. I support the Secretary of De- where women can go with some con- you guys are just wrong. You took it fense’s decision to cancel this outdated fidentiality if, in fact, they are in a sit- out of conference committee, but you program, and earlier this year, I intro- uation where they are being battered are not going to win this fight. We are duced legislation that would have done and there is nowhere to go for support. going to bring this provision back, and just that. I commend the Secretary of It is extremely important for these we are going to get it into legislation. Defense for his efforts to transform our women. It is extremely important for It is in the very sweeping homeland de- military to meet the challenges of the these children. It is extremely impor- fense bill. We are going to keep it in 21st Century and beyond, and agree tant for their families. I am glad this that bill, and come back and back. amendment is in. I know there was that weapons that were better suited to It is not right for the businesses in some discussion down at Fort Bragg the Cold War than to the battles of this your State, Mr. President—New Jer- about the amendment and it was very century should be terminated. sey—or in Minnesota. Ninety-nine per- positive. So I thank my colleagues for I regret that so little progress has cent of the businesses that play by the been made to transform the military supporting this. I want to finally express my indigna- rules of the game but don’t have the for these new challenges. The hard- lawyers and the accountants to tell fought battle to terminate the Cru- tion, even though I believe in both these Senators, that this is one part of them how to evade paying their fair sader program, a program that was this political process that drives people share of taxes—they wouldn’t do it canceled by the Secretary of Defense, in Minnesota nuts, drives people in the even if they could because they don’t stands as an example of how difficult it country nuts, and drives me nuts. I think it is right—why should they be is to change the mind-set of the Pen- brought an amendment to the floor. It penalized for doing the right thing? tagon and the Congress. The belea- was eminently reasonable. It said for And why should these companies get guered Crusader is the poster child for those companies that go to Bermuda away with murder? an obsolete, Cold War-era program, yet and renounce their citizenship so they I wish this had not been taken out by there are those in the Congress and at do not pay their fair share of taxes—it the conference committee. I regret it. I the Pentagon who tried desperately to was only prospective, it did not look know my colleagues did their best. We save it. The termination of a weapon back; it was for 1 year—they don’t get will be back. system such as the Crusader is an ex- Government contracts. I yield the floor. ample of the hard decisions that this If they want to renounce their citi- The PRESIDING OFFICER. The Sen- body will have to make as we face the zenship and not pay their fair share of ator’s time has expired. realities of the Federal budget and as taxes, they are not going to get any The Senator from Hawaii. we seek to provide our Armed Forces government contract. Mr. INOUYE. Mr. President, I ask for with the equipment that they will need There is overwhelming support on the yeas and nays. to fight the battles of the future. the floor of the Senate. The PRESIDING OFFICER. Is there a As I have said time and time again, I have learned my lesson now. I will sufficient second? there are millions upon millions of dol- have been here almost 12 years. Why There is a sufficient second. lars in this bill that are being spent on haven’t I learned my lesson and ask for The question is on agreeing to the outdated or questionable or unwanted a rollcall vote? Maybe that wouldn’t conference report. The clerk will call programs. This money would be better have done any good, anyway. It seemed the roll. spent on programs that truly improve that there was strong support from The assistant legislative clerk called our readiness and modernize our Armed some Senators who didn’t want to vote the roll. Forces. This money also would be bet- against it but who didn’t want to vote Mr. REID. I announce that the Sen- ter spent on efforts to improve the mo- for it. But I thought, OK, the point is ator from New Jersey (Mr. TORRICELLI), rale of our forces, such as ensuring to get this passed. is necessarily absent. that all of our men and women in uni- This was taken out in the conference Mr. NICKLES. I announce that the form have a decent standard of living committee. With all due respect, my Senator from Colorado (Mr. ALLARD), or providing better housing for our understanding is the House conferees the Senator from Wyoming (Mr. ENZI), Armed Forces and their families. For would not budge. They would not the Senator from Arkansas (Mr. those reasons, I will oppose this con- budge. HUTCHINSON), the Senator from Arizona ference report. I want to just say to the House Re- (Mr. MCCAIN) and the Senator from The PRESIDING OFFICER. Who publican leadership and to the con- Alabama (Mr. SESSIONS), are nec- yields time? ferees, you are not going to be able to essarily absent. Under the previous order, Mr. continue to win on these kinds of The PRESIDING OFFICER. Are there WELLSTONE is recognized. votes. People in Minnesota and in the any other Senators in the Chamber de- Mr. WELLSTONE. Mr. President, United States of America are outraged siring to vote? first of all, I thank both of my col- that these companies go to Bermuda The result was announced—yeas 93, leagues, Senator INOUYE and Senator and renounce their citizenship and nays 1, as follows: STEVENS, for their fine work. I also don’t pay their fair share of taxes. think this is a very important piece of You get into the conference com- [Rollcall Vote No. 239 Leg.] legislation, extremely important to our mittee, and it is the same old, same YEAS—93 Armed Forces, just on the basis of old, same old. Special interests do their Akaka Baucus Bennett making sure the men and women who lobbying and get the job done. Allen Bayh Biden

VerDate Mar 15 2010 20:38 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16OC2.REC S16OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10524 CONGRESSIONAL RECORD — SENATE October 16, 2002 Bingaman Feinstein Miller I understand that moving to the ex- Mr. President, there is no doubt Bond Fitzgerald Murkowski ecutive calendar is traditionally a pre- about Judge Shedd’s qualifications. He Boxer Frist Murray Breaux Graham Nelson (FL) rogative of the Majority Leader. How- has strong bipartisan support. One of Brownback Gramm Nelson (NE) ever, there has been an extraordinary his most ardent supporters is the dis- Bunning Grassley Nickles and unprecedented violation of Senate tinguished Democrat Senator from Burns Gregg Reed rules and tradition in the manner in South Carolina, Senator HOLLINGS. The Byrd Hagel Reid Campbell Harkin which Judge Dennis Shedd’s nomina- Roberts ABA—the ‘‘Gold Standard’’ so often Cantwell Hatch Rockefeller tion was considered in the Judiciary cited by Senator LEAHY—gave Judge Carnahan Helms Committee. I also believe that the Carper Hollings Santorum Shedd a ‘‘Well Qualified’’ rating, its Chafee Hutchison Sarbanes manner in which Senator THURMOND highest rating. So, it is not Judge Cleland Inhofe Schumer was led on regarding Judge Shedd’s Shedd’s qualifications which are stand- Clinton Inouye Shelby nomination constituted a slight of Sen- Smith (NH) ing in the way. Cochran Jeffords ator THURMOND during the final days of Collins Johnson Smith (OR) He was appointed by President Conrad Kennedy Snowe his long and distinguished Senate ca- George H.W. Bush to the United States Corzine Kerry Specter reer. I remind Senators that we depend District Court for South Carolina in Craig Kohl Stabenow very heavily around here on comity 1990, and has now served as a federal ju- Crapo Kyl Stevens and trust to do the vast majority of our rist for more than a decade—following Daschle Landrieu Thomas business on behalf of the American peo- Dayton Leahy Thompson nearly twenty previous years of public DeWine Levin Thurmond ple. When that trust is violated or mis- service and legal practice. In addition Dodd Lieberman Voinovich used it is hard to conduct business as to his service on the District Court, he Domenici Lincoln Warner usual. Dorgan has sat by designation on the Fourth Lott Wellstone Mr. President, Dennis Shedd’s nomi- Durbin Lugar Circuit Court of Appeals on several oc- Wyden nation was finally put on the Judiciary Edwards McConnell casions. Judge Shedd also has served Ensign Mikulski Committee’s agenda way back on Sept. on the Judicial Conference Committee 19, but was held over to the next mark- NAYS—1 of the Judicial Branch and its Sub- up which as it turned out was last Feingold committee on Judicial Independence. Tuesday, October 8th. It is also my un- From 1978 through 1988, Judge Shedd NOT VOTING—6 derstanding that the normal practice is served in a number of different capac- Allard Hutchinson Sessions that when Senators in the Committee ities in the United States Senate, in- Enzi McCain Torricelli hold legislation and nominations over cluding Counsel to the President Pro The conference report was agreed to. at a mark-up, the tradition and prac- Tempore and Chief Counsel and Staff Mr. DASCHLE. Mr. President, I move tice has always been that the items Director for the Senate Judiciary Com- to reconsider the vote. held over are placed on the very next mittee when Senator THURMOND was Mr. INOUYE. I move to lay that mo- mark-up. In this instance, the October 8th the Chairman. tion on the table. Judge Shedd would bring unmatched mark-up was actually postponed from The motion to table was agreed to. experience to the Fourth Circuit. He the previous Thursday, October 3rd, so f has handled more than 4,000 civil cases that Chairman LEAHY could con- since taking the bench and over 900 ORDER OF PROCEDURE centrate on passing the Department of criminal matters. In fact, no judge cur- Justice (DOJ) Re-authorization Con- Mr. DASCHLE. Mr. President, I know rently sitting on the Fourth Circuit the distinguished Republican leader ference Report. During the vote to in- voke cloture on that bill, it is my un- has as much federal trial experience as wishes to speak. I ask unanimous con- Judge Shedd, and none can match his sent that he be accorded whatever time derstanding that Senator THURMOND was once again assured by Senator ten years of experience in the legisla- required. I know Senator MIKULSKI has tive branch. LEAHY that Judge Shedd would be on an interest in speaking for 5 minutes Mr. President, Dennis Shedd’s record the mark-up on October 8th. following the distinguished Republican demonstrates that he is a mainstream leader. I ask unanimous consent that Unfortunately, that assurance as well as the practices and traditions of judge with a low reversal rate. In the request be accommodated as well. more than 5,000 cases Judge Shedd has The PRESIDING OFFICER. Without the Committee were violated last week because Judge Dennis Shedd’s nomina- handled during his twelve years on the objection, it is so ordered. bench, he has been reversed fewer than The Republican leader is recognized. tion was pulled from the committee’s agenda—preventing the Committee 40 times (less than one percent). So, it f from reporting him out to the full Sen- should be clear that Judge Shedd is the victim of a deliberate, calculated, at- UNANIMOUS CONSENT REQUEST— ate. However, breeches in decorum re- tempt by outside groups to embarrass SHEDD NOMINATION garding Judge Shedd and Senator THURMOND predate last week. one of President Bush’s nominees and Mr. LOTT. Mr. President, last week, On July 31st, Chairman LEAHY pub- not any deficiency in his professional the Judiciary Committee pulled from licly promised Senator THURMOND at a training or temperament. their agenda the pending nomination of committee meeting that Judge Shedd But Judge Shedd is not the only vic- Judge Dennis Shedd to fill a seat on would be voted on this year. When tim here. This is also an affront to Sen- the 4th circuit court of appeals. That Shedd wasn’t on the August 1st mark- ator THURMOND in his final days as a was contrary to all of the under- up, Senator LEAHY assured Senator Senator. We owe it to Senator THUR- standings as to what would happen THURMOND’s Chief of Staff that Shedd MOND, as a sign of our respect and ad- with regard to that nominee. I think would be voted on immediately after miration for his distinguished service, various Members on the judiciary com- the August recess. When Shedd was not to vote on the nomination of his mittee on several occasions had been on the agenda for the first mark-up former staff director before Senator assured he would be given a vote. I after the Senate returned in Sep- THURMOND’s career comes to an end— think there is no question that Senator tember—which was Sept. 5th—Senator an action the Senator feels that Sen- THURMOND had been under the impres- THURMOND then was assured that Den- ator LEAHY gave him his word he would sion there would be a vote on Shedd’s nis Shedd would be on the next mark- do. nomination this year. Yet the nomina- up on Sept. 19th. Mr. President, the rules of the Senate tion was removed from the calendar While Shedd was actually put on that provide a motion to discharge a nomi- and, therefore, not even considered by mark-up on Sept. 19th, he was held nation. I want to do that. But I am the committee. A vote was not taken, over to the next mark-up—which is the under no illusion that I would be al- and I presume it was blocked proce- right of Senators in the Committee to lowed to make that motion and have it durally because there would have been do. And then, as I said previously, con- succeed under any circumstances. That enough votes in the Committee to ac- trary to tradition and practice, Shedd has been tried on the other side of the tually report Shedd’s nomination to was kept off the agenda for the last aisle when I was majority leader, and I the full Senate had there been a vote. mark-up of the year by Senator LEAHY. know that it would be interpreted as a

VerDate Mar 15 2010 20:38 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16OC2.REC S16OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 16, 2002 CONGRESSIONAL RECORD — SENATE S10525 partisan vote and that the majority Mr. LOTT. Mr. President, will the nities to address the committee on the leader would have to press his members Senator yield for a question and a sug- Shedd nomination. That is far more not to allow that to happen. But I feel gestion? than what a number of the nominees so strongly about the unfairness of the Mr. DASCHLE. I will be happy to were given over the course of the Clin- treatment of this nominee and the way yield to the distinguished Republican ton administration. it has reflected on Senator THURMOND leader. We are hoping to rectify that, which that I have to take some action. Mr. LOTT. Mr. President, we are in is why we have confirmed as many The Senate must be in executive ses- session this week—today and I presume judges as we have to date. As I say, al- sion in order to move to discharge a tomorrow. I guess there is a possibility most 100 judges will have been con- nomination. That would not happen. we will be in session again next week. firmed if we clear the Federal calendar Having said that, we feel we must In view of the commitments that were prior to the time we adjourn sine die. make another effort. Therefore, I ask made that this nominee would be con- I yield the floor. unanimous consent that the Senate sidered by the committee, is there a The PRESIDING OFFICER. The Re- proceed to executive session; that the chance there would be another execu- publican leader. nomination of Dennis Shedd, to be a tive session or markup session of the Mr. LOTT. Mr. President, I believe I Fourth Circuit judge, be discharged Judiciary Committee either tomorrow still have the floor. I was asking the from the Judiciary Committee and or next week to further consider this Senator to yield. He was still, I guess, placed on the calendar; further, I ask nomination, because at least 2 weeks proceeding under his objection. I take unanimous consent that at a time de- will have transpired between the last my time back. I would like to put some termined by the majority leader, after time it was supposed to be considered other issues into the RECORD. consultation with the Republican lead- and when the Senate would go out for Mr. President, I do want to respond er, the Senate proceed to a vote on the the election, and possibly even after to the comments about the nomina- confirmation of the nomination, with the election? tions that have been confirmed and no intervening action or debate; that The majority leader will note my UC those that are still pending. There have following the vote the President be im- just asked consent that it occur before been 131 judicial nominations sub- mediately notified of the Senate’s ac- the adjournment of the 107th Congress. mitted by President Bush during the tion, and the Senate then resume legis- I did not say today or next week, al- 107th Congress—32 U.S. circuit nomi- lative session. though, obviously, I feel strongly it nees; 98 district nominees, and one U.S. Finally, I ask unanimous consent should be considered soon. Is there a Court of International Trade judge. So that this action occur prior to the ad- possibility something could be worked far, 80 of the 131 nominees have been journment of the 107th Congress. out in this regard? confirmed—14 U.S. circuit court judges The PRESIDING OFFICER. Is there Mr. DASCHLE. Mr. President, there and 66 district court judges. But the objection? is always a possibility, and I will cer- key figure is that there are still 49 Mr. DASCHLE. Mr. President, I ob- tainly work with the Republican leader nominations pending before the Sen- ject. on all the nominations. He and I have ate, without final action 49 nomina- The PRESIDING OFFICER. Objec- talked on numerous occasions about tions. There are still 31 nominations tion is heard. how we might accommodate all of pending in committee. Of the 16 U.S. Mr. DASCHLE. Let me respond brief- those nominees whose names are pend- circuit court positions that have not ly. It has been the practice of the Sen- ing on the calendar. We have not yet been confirmed—15 are still in the com- ate, since we have been in the major- been able to address those. mittee, just one is on the floor, and ity, to take up all nominations that I would like very much to clear the that one is the nominee for the Sixth have been reported out of the com- calendar, to do as much as possible to Circuit, Mr. John Rogers, who has been mittee. This nomination has yet to be get those who have been reported out pending on the Executive Calendar reported out of the committee. There cleared and confirmed prior to the time since July. have been a number of others who have we leave. Clearly, I would work with I thought there had been an agree- sought recognition and have asked to him and certainly with the Judiciary ment that we would move that nomina- be heard on the Shedd nomination, Committee. I cannot make any com- tion before the August recess. Again, which is why the nomination was ta- mitments this afternoon without con- that circuit court nominee has been bled. sultation with the Chair. But I think pending on the Senate floor since I hasten to add that, on that very the committee has been more than fair July—almost 4 months ago. And there day—I don’t recall the exact number— and more than productive in its effort are 15 other circuit nominees in com- a significant number of judicial nomi- to move out of the committee the large mittee, some of whom have been wait- nations were passed out. I believe the number of nominations, both at the ing over 500 days without even a hear- number was 17. So there are 17 addi- district and circuit levels. I will cer- ing. tional judicial nominations, which tainly consult with the distinguished As to district court nominees, there brings us close now to 100 judicial con- Republican leader and the Chair in the are still 15 of them in committee as firmations, if we deal with those 17 coming days. well, and the 17 that are on the floor pending now on the calendar. More Mr. REID. Will the Senator yield for for consideration were just reported than 80 have already passed and were a question? last week. I hope we will at least con- confirmed, and we have 17 pending and Mr. DASCHLE. I will be happy to firm those nominations before we could be confirmed before the end of yield to the Senator from Nevada. leave, although on many occasions, we the year. That is close to an all-time Mr. REID. The Senator is aware when had to have recorded votes to move record. I think that is all the more the Republicans were in the majority, even district judges. I wonder if that laudatory, given the fact that we have we tried on a number of occasions to means we are going to have to have 12, not been in the majority for the entire get a significant number of judges to 14, 16, 17 recorded votes in the Senate 2-year period of time. During that first have hearings. For example, I can re- on district judges to get them con- 6-month period of time, the Repub- member last week Senator BOXER firmed before we adjourn for the year. licans failed to confirm one judicial spoke to me about judges in California And, of course, the one USIT position nomination; they failed on all counts who waited over 4 years to have a hear- is still pending in Committee and has to confirm even one. So the Shedd ing. Does the Senator recall that? been since December of last year. nomination is being reviewed. There Mr. DASCHLE. Unfortunately, I do. I The key point is the alarming num- are others who wish to be heard, and I think if we go back, we would recog- ber of vacancies on the federal courts— respect the decision made by the chair- nize there are a number of nominees 77, which is almost 10 percent of federal man, in particular, that this nominee who waited 3 and 4 years and never judgeships. I understand from the Judi- be given additional consideration, and even got a hearing. Mr. Shedd was at cial Council and from the Chief Jus- that others who want to be heard be least given a hearing. As I say, people tice, that over 30 of these nominations given that opportunity as well. are continually coming before the com- are for seats that are considered emer- I do object. mittee and seeking additional opportu- gency vacancies that need to be filled.

VerDate Mar 15 2010 20:38 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16OC2.REC S16OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10526 CONGRESSIONAL RECORD — SENATE October 16, 2002 We can always talk about percent- cording to South Carolina plaintiff’s attor- tims. I want them to know they are not ages and numbers, Mr. President. For ney Joseph Rice, ‘‘Shedd—who came to the alone; that I am on their side and at example, so far only 43 percent of this bench with limited trial experience? has a their side; and also that the resources President’s circuit nominations in his good understanding of day-to-day problems of the Federal Government are at the that affect lawyers in his courtroom . . . first 2 years have been confirmed. He’s been a straight shooter.’’ [Legal Times, disposal of local government and local President Clinton got over 86 percent May 14, 2001.] law enforcement to catch this crimi- of his circuit nominees confirmed in According to the Almanac of the Federal nal. his first 2 years in office, the first Judiciary, attorneys said that Judge Shedd We in Maryland are deeply grateful President Bush got 96 percent and has outstanding legal skills and an excellent for the support of President Bush, who President Reagan got 95 percent. Only judicial temperament. A few comments from has pledged the support of every Fed- 43 percent of circuit court judge nomi- South Carolina lawyers: ‘‘You are not going eral agency to be at the disposal of nations have been confirmed in this to find a better judge on the bench or one local government and local law en- Congress compared to almost 90 per- that works harder.’’ ‘‘He’s the best federal judge we’ve got.’’ ‘‘He gets an A all around.’’ forcement. cent for other Presidents over the past ‘‘It’s a great experience trying cases before I thank the Attorney General, Mr. 20 years. That is a problem. him.’’ ‘‘He’s polite and businesslike.’’ Ashcroft, and the FBI Director, Mr. I know there have been disagree- Plaintiffs lawyers commended Shedd for Mueller, for their immediate response ments in the past about nominations being even-handed: ‘‘He has always been when these attacks on our civilians oc- when I was majority leader, but we did fair.’’ ‘‘I have no complaints about him. He’s curred. move large blocks of nominations. We nothing if not fair.’’ [Almanac of the Federal This killer must be brought to jus- had some approved that were very con- Judiciary, Vol. 1, 1999.] tice. It is going to take persistence and troversial and others were not moved Judge Shedd would bring unmatched expe- patience. It is going to take great de- rience to the Fourth Circuit. He has handled in the final analysis. tective work, which is already under- The problem with this particular more than 4,000 civil cases since taking the bench and over 900 criminal matters. In fact, way. I want everyone to know that just nomination is not only the exceptional no judge currently sitting on the Fourth Cir- like the manhunt is not going to go qualifications of the nominee and his cuit has as much federal trial experience as away, Federal support is not going to history as a former judiciary com- Judge Shedd, and none can match his ten go away, and the resources are not mittee staffer, but more importantly, years of experience in the legislative branch. going to go away until this criminal is the way Senator THURMOND has been Shedd’s record demonstrates that he is a brought to justice. treated in the process. Judge Shedd is mainstream judge with a low reversal rate. So many of my colleagues have ex- eminently qualified for the job. He is a In the more than 5,000 cases Judge Shedd has pressed their support. They have asked handled during his twelve years on the former staff director of the Judiciary me how my constituents are doing. Committee. And he has been a sitting bench, he has been reversed fewer than 40 times (less than one percent). Since taking Well, let me tell everyone what I know Federal district judge for over a dec- his seat on the Fourth Circuit in 2001, Judge about the Marylanders I so proudly ade, confirmed by the Senate, probably Roger Gregory (a Democrat appointed by represent. We Marylanders strongly be- unanimously. Nevertheless, after Sen- President Bush) has written opinions affirm- lieve when times get tough, the tough ator THURMOND was given the word ing several of Judge Shedd’s rulings. get going. We are unflinching in our de- that he would have this nomination Mr. SANTORUM. Mr. President, will termination to get through these at- voted on before the year was out, this the Senator from Mississippi yield? tacks, to stand with each other, and to nomination was pulled from the cal- Mr. DASCHLE. Mr. President, what do all we can to support law enforce- endar of the committee’s last markup. is the regular order? ment to catch the criminal, to keep Mr. President, that is simply a tragic The PRESIDING OFFICER (Mr. CAR- our businesses open, and also to make conclusion to an almost five-decade ca- PER). Under the previous order, the sure our children are safe. reer in the Senate. It is also in my view Senator from Maryland, Ms. MIKULSKI, We are particularly sensitive to these a violation of the unwritten rules of ci- is recognized for 5 minutes. The Sen- issues, but our grief and shock must be vility about which we all talk and as- ator from Maryland. coupled with action. Congress must re- pire to in the Senate. That is why I f spond with deeds, not just words. This will make a continued effort to find a is why I believe one of our first actions way for this nominee to be considered ATTACKS ON THE CAPITAL should be to pass something called the by the committee and confirmed by the REGION BLAST Act. The BLAST Act deals Senate in this Congress before Senator Ms. MIKULSKI. Mr. President, this with ballistic fingerprinting. It was in- THURMOND retires. Senator THURMOND, past year has been a challenging time troduced by our colleague, Senator Judge Shedd, and the American people for residents of the capital region. KOHL. It would keep a database that in- deserve better. Senator THURMOND as First there was the September 11 at- cludes the fingerprint of every bullet an icon of this institution in his final tack on the Pentagon. Then there were and shell to enable law enforcement to days deserves better. And the honor the anthrax attacks, and now a serial solve crimes by providing a scientific and traditions of the U.S. Senate de- sniper is terrorizing the national cap- link between gun crimes and their own- serve better. ital region, attacking innocent people I yield the floor. ers. going about their daily lives. These at- Ballistic evidence has already helped EXHIBIT 1 tacks affect each and every one of us. us determine that these shootings were SHEDD’S BACKGROUND Here in the capital region especially, linked to the same killer. We now need Appointed by President George H.W. Bush there have been seven attacks in Mont- to the United States District Court for South the kind of legislation that just as we Carolina in 1990, Dennis W. Shedd has served gomery County and in Prince George’s take fingerprints of criminals, we need as a federal jurist for more than a decade fol- County in my own home State of Mary- to have the same type of fingerprinting lowing nearly twenty years of public service land. The sniper has also made three on guns. and legal practice. attacks in Northern Virginia. Our I know this is controversial, but let’s In addition to his service on the District friends and our neighbors have been ei- begin the debate. Let’s move this legis- Court, he has sat by designation on the ther injured or killed. Our schools are lation through the committee. I know Fourth Circuit Court of Appeals on several occasions. Judge Shedd also has served on now locked down. Eleven of our neigh- there are issues related to technology, the Judicial Conference Committee of the bors have been shot, nine people have there are issues regarding those who Judicial Branch and its Subcommittee on died, two others are still fighting for want to tamper with a gun in some Judicial Independence. their recovery, including a child who way, but this is the United States of From 1978 through 1988, Judge Shedd was shot as he walked into his school America. We have the genius in regard served in a number of different capacities in in the accompaniment of his aunt, a to technology. Let’s solve the problems the United States Senate, including Counsel nurse. by doing something to make ballistic to the President Pro Tempore and Chief These senseless and brutal murders fingerprinting available, reliable, and Counsel and Staff Director for the Senate Judiciary Committee. have left grieving families and terrified accurate. Let’s not solve it by doing Judge Shedd is well-respected by members our communities. I wish to express my nothing and saying there are too many of the bench and bar in South Carolina. Ac- sympathy for the families of the vic- problems.

VerDate Mar 15 2010 20:38 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16OC2.REC S16OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 16, 2002 CONGRESSIONAL RECORD — SENATE S10527 My constituents want action. They appropriations bills to the Senate not later Back in June, Senators DOMENICI and want us to not only find the criminal, than July 31, 2002. FEINGOLD and I offered an amendment but they want us to prevent these type The PRESIDING OFFICER. The Sen- to the Defense authorization bill that of deeds from being done again. So this ator from North Dakota. would have included all of the elements is why I support the BLAST Act. I am Mr. CONRAD. Mr. President, I am of this amendment but also would have a proud cosponsor and hope to vote for pleased the Senate has begun debate on gone further. it in the Senate. the extension of several critically im- At that time, we recommended to our Unfortunately, the sniper is not the portant budget enforcement tools. I colleagues to set a limit of $768 billion only killer who attacked our region want to thank the majority leader, on discretionary spending for fiscal and the people living in it. One year Senator DASCHLE, for bringing up this year 2003 and a required 60 votes to ago today, a letter containing the important matter and for finding the waive a point of order against legisla- deadly anthrax was opened in the Sen- time for this Senate debate. tion that would exceed that limit. We ate. Before that letter reached the Sen- I know that floor time is scarce and offered an extension of the statutory ate office building, it passed through there are many other important prior- rules that would enforce that discre- the Brentwood postal facility, exposing ities for this Senate, but I believe this tionary limit through sequestration. workers to its deadly contents. On this amendment, authored by myself, Sen- We also would have extended the statu- anniversary, I want to express my ator DOMENICI, Senator GREGG, and tory pay-as-you-go rules that require deepest condolences to the families Senator FEINGOLD, is one of the most that increases in mandatory spending who suffered in these attacks, particu- important measures the Senate will or tax cuts be paid for and that enforce larly the families of two postal workers vote upon this year. requirement for sequestration. As I have indicated, I am especially who died from anthrax exposure, my Although we had bipartisan support pleased to be joined in this amendment two constituents, Joe Curseen, Jr., and for that amendment, we fell one vote by the distinguished ranking member Thomas Morris, Jr. Both of these men short of the supermajority that was re- of the Budget Committee, Senator lived in Maryland. They were public quired. The President will recall on DOMENICI. that day we had 59 votes to extend the servants. They were patriots. They The amendment that we offer today enforcement procedures on the budget, died in the service of their country. represents a major step in preserving 59 votes for a spending cap. But 59 I want them to know I will continue fiscal discipline in the Senate. The bi- votes was not enough. The rules re- to stand sentry to make sure we will partisan amendment includes a 1-year not forget them. America must not extension requiring 60 votes in the Sen- quire that we have the supermajority only remember the sacrifices they ate to waive certain Budget Act points of 60 votes; we fell 1 vote short. Senator DOMENICI, the ranking mem- made and the pain felt by their fami- of order. The extension would continue ber of the Budget Committee, stood lies but the fact that every single post- the 60-vote waiver of these points of with us in that effort. Senator STE- al worker continued to work, show up order against legislation that would, VENS, the ranking member of the Ap- for duty, deliver the mail and was un- among other things, decrease the So- propriations Committee, stood with us flinching and unabashed in fulfilling cial Security surplus, increase spend- on that vote. Senator MCCAIN, a promi- their duty as postal workers. ing, or cut taxes beyond levels speci- nent Republican Presidential can- I was proud to join with my col- fied in the most recent budget resolu- didate, stood with us on that vote. leagues in the House, Representatives tion. WYNN and NORTON, in passing a bill to A 1-year extension of the Senate pay- Again, we did not achieve the 60 votes rename the Brentwood facility after as-you-go rule that has been in effect necessary to have that measure passed. Mr. Curseen and Mr. Morris, but I want since 1993 is also included. This Senate I would still like to put in place a to do more. The postal workers are rule requires 60 votes to waive a point limit on discretionary spending and ex- scared. Little is known about the long- of order raised against direct spending tend the more comprehensive package term effects of possible exposure to an- or tax cut legislation that would in- of enforcement tools on which we voted thrax. Some are quite ill and continue crease the deficit, further tapping into that day. Getting agreement between to be ill. This is why I will be offering the Social Security surplus. In addi- the House, Senate, and the White legislation calling on HHS to examine tion, the resolution extends the pay-as- House on a discretionary spending the effects of anthrax exposure on the you-go rule to mandatory spending limit is not possible right now. For long-term health of our postal workers. items added to appropriations bills. now, we have to take this different ap- I also want to thank every Senate If you pierce the veil, because that is proach, even though it is more limited. employee who, though we have been a lot of technical language that is im- Because of the importance of extending faced with anthrax, continue to keep portant, the fundamentals of this Senate rules enforcing limits on man- the doors of the Senate floor open. amendment are very simple. This is a datory spending and tax cuts, Senator Thanks to our personal staff, our pro- question of whether or not we are DOMENICI and I agreed to proceed with fessional staff, to the pages, to the ele- going to have the budget disciplines we this simple Senate resolution. vator operators, everybody, we sur- have had in place for most of the last Let me be clear; this is not a budget vived that attack, and we survived it decade that proved to be so important resolution. There has been some discus- because we stuck together. God bless to having fiscal discipline in the Con- sion, and I know Senator DOMENICI ex- them, and God bless America. gress. pressed concern to me. He is right; this The PRESIDING OFFICER. The time This amendment will help protect is not a budget resolution. This is a of the Senator from Maryland has ex- Social Security. As previously men- measure that extends budget enforce- pired. tioned, it extends the Senate pay-go ment procedures in the Senate. It ex- Mr. REID. Mr. President, what is the rule which helps to prevent use of the tends the expiring requirements for 60 regular order? Social Security surplus for tax cuts or votes in the Senate to waive the point of order relating to mandatory spend- f mandatory spending. It will extend the requirement for 60 votes to waive a ing and tax cuts. It is, unfortunately, COMMITTEE ON APPROPRIATIONS point of order against a reconciliation silent on the level of discretionary REPORTING THIRTEEN APPRO- bill that would make changes in Social spending for fiscal year 2003. PRIATIONS BILLS BY JULY 31, Security. It will extend the require- Again, while this is not everything I 2002 ment for 60 votes to waive a point of want or everything that needs to be The PRESIDING OFFICER. Under order against a budget resolution that done to ensure fiscal discipline, I am the previous order, the Senate will pro- would reduce the Social Security sur- convinced this is all that is possible ceed to the consideration of S. Res. 304, plus, and it will extend the require- today. It represents a very important which the clerk will report. ment for 60 votes to waive a point of step forward in the fight for fiscal dis- The legislative clerk read as follows: order against legislation that would re- cipline. I urge my colleagues to support A resolution (S. Res. 304) encouraging the duce the Social Security surplus. this amendment. Let us demonstrate Senate Committee on Appropriations to re- This amendment does not accomplish to the American people that the Senate port thirteen, fiscally responsible, bipartisan everything I would like to accomplish. has not abandoned budget discipline.

VerDate Mar 15 2010 20:38 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16OC2.REC S16OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10528 CONGRESSIONAL RECORD — SENATE October 16, 2002 AMENDMENT NO. 4886 keenly committed to the budget proc- one that didn’t happen or this one, but I call up my amendment which is at ess, and who is deeply committed, as here it worked. the desk. well, to fiscal discipline. What happened? To those who are lis- The PRESIDING OFFICER. The I yield the floor. tening to this strange talk, that side of clerk will report. The PRESIDING OFFICER. The Sen- the aisle, the Democrats in the Senate, The legislative clerk read as follows: ator from New Mexico. had a responsibility many months ago The Senator from North Dakota (Mr. CON- Mr. DOMENICI. Mr. President, it is to pass a budget resolution. We have RAD), for himself, Mr. DOMENICI, Mr. FEIN- very late to be talking about this, but passed a budget resolution every year, GOLD, and Mr. GREGG, proposes an amend- better late than never. So we will get sooner or later, since we have had a ment numbered 4886. something, rather than nothing. Budget Act. You come down to the Mr. CONRAD. Mr. President, I ask Perhaps people are wondering what floor and you give to the Senate an op- unanimous consent that reading of the we are doing. If you think back the last portunity to vote on the big issues that amendment be dispensed with. 8 or 9 months, a vote will occur in the will be part of a budget, saying how The PRESIDING OFFICER. Without Senate, only in the Senate; a vote is much will be spent and included within objection, it is so ordered. going to occur, and someone stands up it or the entitlement programs, and ob- The amendment is as follows: and makes a point of order to honor viously if there are big increases, you Strike all after the Resolved Clause and in- the Budget Act. show them. Then you adopt that budg- sert the following: That the Senate encour- aging the Senate Committee on Appropria- When you first do one of these, it is et resolution. tions to report thirteen, fiscally responsible, something big. I remember making one That is the instrument around here bipartisan appropriations bills to the Senate and you wonder what is going to hap- for fiscal responsibility. Some people not later than July 31, 2002. : pen. The staff told you how to do each do not think it is strong enough; others SEC. ll. BUDGET ENFORCEMENT. little thing, and when it came time to think it is too complicated; others (a) EXTENSION OF SUPERMAJORITY ENFORCE- vote, you wondered if you really did it. think it is too porous. But nobody de- MENT.— But it is a very heavily used situation nies if you do not have it around, the (1) IN GENERAL.—Notwithstanding any pro- in the Senate. void will be worse than having it. vision of the Congressional Budget Act of Members call up an amendment. It So months went by, and we did not 1974, subsections (c)(2) and (d)(3) of section get a budget resolution because the 904 of the Congressional Budget Act of 1974 costs a lot of money either in program authority or outlays. The money is not Democratic side, under their leader- shall remain in effect for purposes of Senate ship, did not produce one we could enforcement through September 30, 2003. found in the budget resolution that (2) EXCEPTION.—Paragraph (1) shall not should have already been passed. Mem- pass, Then we started to talk, the apply to the enforcement of section bers get up and say: I am asking that chairman and I, about maybe we ought 302(f)(2)(B) of the Congressional Budget Act that amendment be deemed invalid be- to save a piece of this. This is the piece of 1974. cause it violates the Budget Act. An- we decided to try to save. (b) PAY-AS-YOU-GO RULE IN THE SENATE.— other Senator says: I move we waive I hope all the Senators understand (1) IN GENERAL.—For purposes of Senate en- that, of the issues to be voted on, the forcement, section 207 of H. Con. Res. 68 (106th this budget point of order under the Budget Act. Then Members state which most significant opportunity to save Congress, 1st Session) shall be construed as taxpayers’ money for the next year is follows: part or provision to be waived. What happens in that situation, from this little resolution. (A) In subsection (b)(6), by inserting after Let me repeat that. If anybody wants ‘‘paragraph (5)(A)’’ the following: ‘‘, except that point forward? If you call up that to go home and say, ‘‘I really watched that direct spending or revenue effects re- amendment, you need 60 votes. Many out for your taxes, but I voted against sulting in net deficit reduction enacted pur- Americans, especially academicians, this particular resolution,’’ you can suant to reconciliation instructions since are wondering what happened to the the beginning of that same calendar year count on this Senator—and I am sure Senate: Have we stopped being a body shall not be available’’. the Chairman will stand up and say (B) In subsection (g), by striking ‘‘2002’’ where the majority prevailed? Don’t we count on him—to say you voted ‘‘no’’ and inserting ‘‘2003’’. have majority rules anymore? on the most important opportunity to (2) SCORECARD.—For purposes of enforcing The Budget Act provides an oppor- save expenditures of this whole year. section 207 of House Concurrent Resolution tunity within its language—and it is Somebody will come up with an enti- 68 (106th Congress), upon the adoption of this only a 25-year-old statute—that if you section the Chairman of the Committee on tlement program we have all been violate the Budget Act by introducing waiting for and we do not have it be- the Budget of the Senate shall adjust bal- and calling up an amendment or a bill, ances of direct spending and receipts for all cause it is too expensive, and we will be fiscal years to zero. you can ask that it be deemed null and stirring around saying, What do we do? (3) APPLICATION TO APPROPRIATIONS.—For void, and the other side says: I want to We are going to lose this one. the purposes of enforcing this resolution, try a waiver. We would not lose this one, if this notwithstanding rule 3 of the Budget How effective has this been? We put was the law because we would start Scorekeeping Guidelines set forth in the this together with the first President telling everybody it violates the budg- joint explanatory statement of the com- Bush a number of years ago. We did not et. Then pretty soon when we finish de- mittee of conference accompanying Con- know it would be so effective. Let’s see bate, that 60 votes would come into ef- ference Report 105–217, during the consider- how effective it has been. fect. It will not be in order unless this ation of any appropriations Act, provisions Fifteen Budget Act points of order of an amendment (other than an amendment little resolution is adopted by the Sen- reported by the Committee on Appropria- that would have reverted now to simple ate. tions including routine and ongoing direct majority votes, in a budget point of It is very short. It is only in the Sen- spending or receipts), a motion, or a con- order, have been raised 65 times. Re- ate. You don’t have to take it to the ference report thereon (only to the extent publicans raised 47, Democrats raised House because the budget resolution is that such provision was not committed to 18. Only eight times did these points of a resolution, and this part of the budg- conference), that would have been estimated order get waived by having 60 votes or et does not apply in the House. So we as changing direct spending or receipts under more. have to do it. We are doing it. Frankly, section 252 of the Balanced Budget and When this rule for 60 votes first came I hope whatever the arguments are Emergency Deficit Control Act of 1985 (as in effect prior to September 30, 2002) were they about, we were talking about a con- made, we can straighten them out and included in an Act other than an appropria- stitutional amendment to balance the vote for it. tions Act shall be treated as direct spending budget. Someone said: How in the I told Senators what it said about en- or receipts legislation, as appropriate, under world are you going to enforce it? So if titlement spending programs. It also section 207 of H. Con. Res. 68 (106th Congress, you read the constitutional amend- says if this is part of the way you do 1st Session) as amended by this resolution. ments—and the American people business, you have this resolution Mr. CONRAD. At this point, I thank thought they absolutely prevailed—it adopted and you want to cut taxes, if, my very able colleague, the ranking said the only way you could violate in fact, your budget is not balanced, member of the Budget Committee, who that was by 60 votes in the Senate. you have to put into your budget re- has provided leadership to this body on That was borrowed, not knowing how sources to make up what you are tak- these issues for a very long time and is well either of them would work, the ing out by taxes.

VerDate Mar 15 2010 20:38 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16OC2.REC S16OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 16, 2002 CONGRESSIONAL RECORD — SENATE S10529 Some will not like that. But we get have decided to go the path less trav- tial responsibility. But we should re- both together because if you want one, eled in recent months and talk about call that the way that the Congress you have to take the other. That is the what is really the best thing for the ended the Vietnam war was through way we have done the law. That is how country. There is no question the best the exercise of the power of the purse, we have lived under it. thing for the country is to have fiscal by constraining spending. The power of My friend Senator GRAMM, who had constraints that are not mandatory un- the purse is a momentous power. been an ardent apostle of this 60-vote less we pass this legislation. I hope we Article I, section 9, of the Constitu- margin and this approach, has his own can quickly resolve this issue. It is so tion reserves the power of the purse version as to why he would like it not important for us and the future of this with Congress through the admonition to happen for a while. He will offer his country. that: own amendment and we will debate Again, I compliment and applaud the [n]o Money shall be drawn from the Treas- again. two managers of this bill for working ury, but in Consequence of Appropriations I hope he will not win unless, after together in a bipartisan fashion to made by Law . . . . we discuss it with him, it essentially is allow us to get to the end of the road, Interpreting that power, our Founder about the same resolution we talked where we need to get on this issue. James Madison wrote in the ‘‘Fed- about here, and it will take up expendi- Mr. DOMENICI. Mr. President, I eralist Papers’’: tures and not taxes. want to ask the Senator from Wis- They, in a word, hold the purse that power- I understand he has a very legitimate consin if he is going to join us. ful instrument by which we behold, in the concern. But I tell you, so do I. I have Mr. FEINGOLD. I support it. history of the British Constitution, an infant a big concern. We had 4 years of bal- Mr. DOMENICI. I am going to stop in and humble representation of the people anced budgets and that was great. The a minute and let him speak. But I be- gradually enlarging the sphere of its activity American people liked that, and the lieve we need 60 votes at some point on and importance, and finally reducing, as far markets in America liked that, and the this resolution. I hope Senators will as it seems to have wished, all the overgrown prerogatives of the other branches of the foreign investors liked that, and we understand we have drawn it in the government. This power over the purse may, had very low interest rates, which were fairest way possible. If somebody in fact, be regarded as the most complete very good for Americans. I do not in- thinks we should only apply it to the and effectual weapon with which any con- tend to carry on a debate, unless some- entitlements, then I am afraid half the stitution can arm the immediate representa- body cares to, as to who caused it. Senate will vote against it because tives of the people, for obtaining a redress of Many factors caused it. But we are now they would say: ‘‘It started with both; every grievance, and for carrying into effect back into an unbalanced situation. it is only for 1 year; let’s see how it every just and salutary measure. If we had had these provisions in works.’’ That is what James Madison wrote in when we had a surplus and we would Even in better times, I think we Federalist No. 58. not vote for new expenditures, or to ought to have it on the books rather Congress exercises that power of the cut taxes unless we had paid for them, than have nothing. purse through its rules and through the or unless they were in the budget reso- I will be back to talk to Senators Congressional Budget Act of 1974. The lution, then why wouldn’t we have it again about it, once Senator GRAMM strength of Congress’s power of the now when we have this huge deficit? has come to the floor. Maybe he can purse depends on the orderly rules that Unless we are providing for something find some amendments that will make the Congressional budget process pro- absolutely important—such as war or his concerns disappear, in which event vides. the continuation of a recession that this Senator will be helping him. Regrettably, those rules and that lasted a long time—in those cases, ob- Parliamentary inquiry: Is there any Congressional budget process largely viously the Senate would say the 60 parliamentary order with reference to expired at the beginning of this month. votes are not so hard to make; let’s when we might vote on this? That is why it is so important that the vote and get it done so we can spend The PRESIDING OFFICER. Not at Senate adopt this amendment to ex- the extra money. this time. tend the budget process. We know of no better way to main- Mr. DOMENICI. I yield the floor. Our responsibilities under the Con- tain our system—which should have The PRESIDING OFFICER. The Sen- stitution would be enough of a reason been 51 votes, majority vote—no way of ator from Wisconsin. to extend these rules. But added to putting it in a mode where it can take Mr. DOMENICI. I ask the Senator to that, and making the need for budget care of excessive spending by corralling yield for 30 seconds. rules even more pressing, is the dire excessive spending and the extra tax Mr. FEINGOLD. I yield to the Sen- turn of affairs that our government’s cuts with a resolution that says we ator from New Mexico. finances have taken in this last year- choose, ourselves, to restrain spending Mr. DOMENICI. I ask unanimous and-a-half. by enacting a law, in effect, that re- consent that Senator JUDD GREGG be In January of last year, the Congres- strains us. It puts a little collar around shown as an original cosponsor. sional Budget Office projected that, in us and tightens us. The PRESIDING OFFICER. Without the fiscal year just ended, fiscal year I have some additional remarks that objection, it is so ordered. 2002, the Government would run a uni- go into a little more history, but I have Mr. FEINGOLD. I ask the Chair to fied budget surplus of $313 billion. In a hunch we will talk more at some confirm that I am an original cospon- its latest projections, however, CBO point. When I first started talking sor of this as well. now estimates that we will have run a about this, I went to talk to Senators The PRESIDING OFFICER. The Sen- unified budget deficit of $157 billion. on that side of the aisle. I note the ator is correct. That is a dramatic swing of $470 bil- presence of one of the Senators, who Mr. FEINGOLD. Mr. President, I rise lion—the disappearance of nearly half a asked me then: If you do this, please to join the Chairman of the Budget trillion dollars—for that 1 year alone. put me on. We did add the Senator as Committee, Chairman CONRAD, the If, as the law requires, we do not we said we would. I assume the Senator Ranking Republican Member, Senator count Social Security surpluses toward still agrees we ought to have the 60- DOMENICI, and the Senator from New that total, then the picture is even vote majority requirement? Hampshire, Senator GREGG, in offering more alarming. In January of last Mr. REID. If the Senator will yield, I this amendment to extend the budget year, CBO projected that for fiscal year know the Senator from Wisconsin has process. 2002, the government would run a sur- wanted to speak for some time. Exercising the power of the purse is plus of $142 billion, without using So- I speak for the entire Senate when I among Congress’s most important re- cial Security surpluses. Now, CBO say how much I appreciate the leader- sponsibilities. Justifiably, there has projects a deficit of $314 billion, not ship of Senators Conrad and Domenici. been much concern in the Nation about counting Social Security. If that pro- I think, as Senator DOMENICI has said, how Congress has exercised and will ex- jection holds, it will have been the we could have a long, drawn-out debate ercise its responsibilities under the third-largest on-budget deficit in our on why we are in this economic situa- Constitution’s war powers, and cer- Nation’s history, rivaling those of the tion. The two managers of this bill tainly that is a grave and consequen- bad old days of 1991 and 1992, when the

VerDate Mar 15 2010 20:38 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16OC2.REC S16OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10530 CONGRESSIONAL RECORD — SENATE October 16, 2002 United States logged its record highest Federal debt is another dollar that we our colleagues of where we were a year on-budget deficits. Instead of using are forcing our children to pay back in ago, where we are now, and where we those Social Security surpluses to pre- higher taxes or fewer government bene- are headed. pare for the coming needs of that vital fits in the future. When we in this gen- It is critically important that our program, the Government has instead eration choose to spend on current con- colleagues, the others on the other side been using them to fund other Govern- sumption and to accumulate debt for of the Capitol in the other body, and ment programs. our children’s generation to pay, we do the American people understand how And the baseline projections for the nothing less than rob our children of dramatically our fiscal circumstances fiscal year just begun bring no respite. their own choices which they deserve have changed. For the year that started at the begin- the opportunity make. We make our A year ago, we were told we could ex- ning of this month, fiscal year 2003, choices to spend on our wants, but we pect over the next 10 years nearly $6 CBO projects baseline deficits similar saddle them with debts that they must trillion in surpluses. Now we know to those for the year just ended. For pay from their tax dollars and the with the latest look from the Congres- 2003, CBO projects a unified budget def- sweat of their brow. That is not right. sional Budget Office that the money is icit of $145 billion, and a deficit of $315 That is why Senator GREGG and I of- all gone. If we were just to put in place billion, not counting Social Security. fered an amendment in the Budget the President’s proposals for spending And that is before taking into ac- Committee markup of the budget reso- and revenue over the next decade, count the costs of a possible war with lution to extend budget rules and set there wouldn’t be $6 trillion of sur- Iraq. The Wall Street Journal recently appropriations caps for 5 years. pluses. There wouldn’t be $4 trillion of reported that American taxpayers may That is why Senator GREGG and I of- surpluses. There wouldn’t be $2 trillion. have to come up with between $100 bil- fered an amendment on the Senate There would be $400 billion of deficits. lion and $200 billion more to wage a floor on June 5 to extend the budget That is from $5.6 trillion, which we war in Iraq, according to President rules and set appropriations caps for 5 were told a year ago we would have in Bush’s chief economic adviser. He said years. the surpluses over the next decade, to that we could have to add $100 to $200 That is why I joined with our distin- $400 billion of deficits. That is a $6 tril- billion to the non-Social Security def- guished and very able chairman, Chair- lion swing in 1 year. Now the question before this body is icit that CBO says will already be $315 man CONRAD, on June 20 in yet another billion this year. If those predictions attempt to extend the budget rules and we are going to leave this place with- prove true, yielding on-budget deficits set appropriations caps for 2 years. out the fiscal discipline that helped us get deficits under control once before of $415 to $515 billion, then the govern- Fifty-nine Senators voted for extend- in our history—after the 1980s when ment would be running the largest on- ing the budget process on that day, just deficits were exploding, and we put in budget deficits in our nation’s history, one short of the number we need to place a framework to get us back on by far. adopt such a measure. Looking into the years to come, one That is why I am joining with my track, a framework that worked, a framework that moved us from deficits can see little if any relief from the Colleagues the Chairman and Ranking to surpluses, that led to the longest damaging fiscal outlook. CBO projects Republican Member of the Budget economic expansion in our history, that under current policies, unified Committee and Senator GREGG to offer that led to the lowest inflation in 30 budget deficits will continue until 2006. this amendment to extend the budget years, and the lowest unemployment in And without counting Social Security, process today. 30 years. Are we going to abandon all of CBO projects that deficits will con- Yes, I would prefer to strengthen the that now? tinue until 2011, when the sunset of the budget process. I would prefer to do That is the question before this body. tax cut brings us back to on-budget more. Are we going to have the fiscal dis- But this is the bare minimum that surplus again, just barely. And it is cipline that will be critically impor- among the most fervently-held articles we should do. The Conrad-Domenici- tant to economic recovery? That is the of faith among many on the other side Feingold-Gregg amendment would pro- question. of the aisle that those tax cuts shall vide some minimal restraint on enti- That is what this amendment is not be allowed to sunset. tlement spending and tax cuts. And we about. That is why it is important. Over the next 10 years, CBO projects can do no less. That is why I thank Senator GREGG, a deficit of more than $1.5 trillion, The Senate must preserve its vital Senator FEINGOLD, and Senator DOMEN- without counting Social Security. And role in exercising the power of the ICI for cosponsoring this amendment. that is before taking into account a purse that the Constitution vests in That is why I ask my colleagues to war with Iraq, before taking into ac- Congress. adopt it. count a prescription drug benefit that We must stop using Social Security This is important. It is important most Senators agree is needed to bring surpluses to fund other government not just for the notion of fiscal dis- Medicare up to date, and before taking programs. We must stop piling up debt cipline, but it is important for the into account any of the many addi- for our children to pay off. We must economy. When the markets see that tional tax cuts that the President and adopt this amendment and extend the we are serious about living within our many in the Senate would still like to budget process. means, we know that means good enact. I again want to thank the chairman things for interest rates, and we know It is sad to say that there is no way for his leadership and the opportunity that means good things for the eco- to look at these numbers without com- to work with him on this issue. I urge nomic strength of America. ing to this conclusion. my colleagues to support the amend- That is what this amendment is The government is in dire fiscal cir- ment. about. I know there are some who have cumstances. I am concerned that many I yield the floor. a different view. I can’t think of any elected officials have not yet come to The PRESIDING OFFICER. The Sen- good thing that will come from doing realize how grave those circumstances ator from North Dakota. away with the budget disciplines that are. Mr. CONRAD. Mr. President, I thank have worked so effectively in this We must not forget why sound fiscal the Senator from Wisconsin, Mr. FEIN- Chamber. policy is important. We must stop run- GOLD, for his strong support of this I yield the floor. ning deficits because they cause the amendment. I also want to thank him The PRESIDING OFFICER (Mr. NEL- government to use the surpluses of the for his contribution on the Budget SON of Nebraska). The Senator from Social Security Trust Fund for other Committee. He has been a disciplined Nevada. government purposes, rather than to voice for fiscal responsibility. He has Mr. REID. Mr. President, I hope pay down the debt and help our nation been a leader in trying to bring to the those who wish to speak on the matter prepare for the coming retirement of attention of our colleagues how dra- now before the Senate will do so. It is the Baby Boom generation. matically the budget circumstance of 4 o’clock. We understand there are a We must stop running deficits be- the Federal Government has changed. I number from each side who wish to cause every dollar that we add to the thank Senator FEINGOLD for reminding speak. We hope that will occur.

VerDate Mar 15 2010 20:38 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16OC2.REC S16OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 16, 2002 CONGRESSIONAL RECORD — SENATE S10531 Others wish to speak on other issues. Mr. President, the Administration these cuts from taking effect. I cannot If they feel so inclined, I hope they will says it cannot afford, after all the bil- believe that. Nevertheless, that is what come and speak now. We would like to lions that have been spent elsewhere, they say. This legislation tries to ad- have as little down time as possible be- to restore some of the cuts that have dress that situation so those cuts do fore we go out this evening. If there are already gone into effect. not go into effect. no amendments or further debate, of The chairman of the House Ways and I said this bill is a priority. It is a course, we can move to third reading. I Means Committee has been equally priority for our seniors. It is a priority am told there may be some amend- unenthusiastic about addressing these for our children. It is a priority for our ments, but I don’t think either leader cuts. State governments and rural areas in wants us to wait around here doing The Administration and the chair- our country, for anyone who cares nothing on this resolution. man of the House Ways and Means about preserving access to quality care If there are going to be amendments, Committee may believe this legislation in America. I hope Members will come and offer is not a priority. I respectfully dis- I might add, this is a bipartisan bill. them. If not, as I indicated, we can agree. This bill is a priority. It is a pri- Senator GRASSLEY and I have worked move to third reading at any time. ority for every senior who receives very hard on this legislation. Senator I suggest the absence of a quorum. home health care. It is a priority for GRASSLEY is the ranking member of The PRESIDING OFFICER. The every senior who receives nursing the Finance Committee. We worked to- clerk will call the roll. home care. It is a priority for all Amer- gether at every point to craft this bill. The senior assistant bill clerk pro- icans of all ages who depend on our We sought input from our colleagues ceeded to call the roll. teaching hospitals. And it is a priority on both sides of the aisle. We met with Mr. BAUCUS. Mr. President, I ask to anyone who cares about ensuring our respective caucuses. We worked unanimous consent that the order for our seniors receive access to physician closely with members of the Finance the quorum call be rescinded. services. Committee. The PRESIDING OFFICER. Without Again, a large cut goes into effect for When the Senator from Oklahoma objection, it is so ordered. physician services after January 1. objected to my unanimous consent re- Mr. BAUCUS. Mr. President, what is Last January, physicians saw their quest almost two weeks ago, he sug- pending business? payments cut by 5.4 percent. Already gested this bill appeared out of no- The PRESIDING OFFICER. Amend- some doctors are talking about leaving where on the Senate floor. That could ment No. 4886 to S. Res. 304 is the pend- Medicare. Why? Because they are con- not be further from the truth. ing business. The Senator also objected to this bill cerned that Medicare payments may Mr. BAUCUS. Mr. President, I ask because we lack official CBO scoring. not be enough to allow them to pay for unanimous consent to speak as in That issue has been cleared, as we re- the costs of caring for seniors. morning business. If this legislation I have introduced ceived an official estimate of the bill The PRESIDING OFFICER. Without on Friday. CBO estimates this bill with Senator GRASSLEY does not pass, objection, it is so ordered. would cost about $43.8 billion over 10 physician payments will be cut again years. We guessed it would cost about f by over 4 percent. This must be $43 billion. CBO said our guess is pretty UNANIMOUS CONSENT REQUEST— changed. close; it is $43.8 billion. S. 3018 Our bill also is a priority for our chil- I believe that is the minimum invest- dren. Under current law, funds for the Mr. BAUCUS. Mr. President, on Octo- ment we should make to address the Children’s Health Insurance Program ber 1, Senator GRASSLEY and I intro- priorities I mentioned. So today as the duced a bipartisan Medicare package, that have not yet been spent are sched- Medicare payment cuts go into their the Beneficiary Access to Care and uled to be returned to the Federal 16th day, and as many more cuts loom Medicare Equity Act. Our bill would Treasury. I think this money should on the horizon in January, I will again address a number of Medicare payment remain where it belongs—with the ask unanimous consent to pass S. 3018. changes—primarily reductions—that States, helping children. It is helping Mr. President, I ask unanimous con- went into effect at the start of the fis- children who need health insurance sent that the Senate proceed to the cal year. At the beginning of the fiscal benefits. We have about 9,500 Montana consideration of S. 3018, a bill to amend year, Medicare payment reductions kids, and many more children in many title 18 of the Social Security Act; that automatically went into effect in many other States, who are currently receiv- the bill be read a third time and areas. What were they? Cuts to home ing coverage through CHIP. If our bill passed; that the motion to reconsider health services. Cuts to nursing homes. does not pass, America’s kids stand to be laid upon the table; and that any Cuts to hospitals. One of the most dam- lose as much as $2.8 billion. statements relating to the bill be aging cuts of all, for Medicare physi- This bill is also a priority for States. printed in the RECORD. cian payments, is scheduled to take We have all heard about the budget The PRESIDING OFFICER. Is there place beginning January 1, 2003. This is problems threatening States in every objection? The Senator from Okla- the second year in a row such physi- corner of our Nation, about the possi- homa. cian payment cuts would occur. Mr. bility of deep cuts to important pro- Mr. NICKLES. Mr. President, reserv- President, these cuts threaten access grams and services, such as Medicaid. ing the right to object, unfortunately to care for tens of millions of seniors Our bill will send an extra $5 billion in this bill did not go through committee. across America. fiscal relief to the States to forestall I ask the Senator if he would modify Sadly, since this bill was introduced, these cuts. his request to refer the bill to the Fi- the Administration has indicated that This bill is a priority for rural Amer- nance Committee to be reported out preventing these cuts from going into ica. From Montana to Maine, the Medi- within 48 hours. Will he be willing to effect is simply not a priority. care payment system continues to dis- modify his request? Tom Scully, the administrator of the criminate against rural patients and Mr. BAUCUS. I am sorry, I was dis- Center for Medicare and Medicaid Serv- rural providers. Our bill takes strong tracted. ices made this clear last Tuesday. He steps to address these regional inequi- Mr. NICKLES. Correct me if I am said: ties. wrong, but the Senator is trying to It would be fine with the Bush administra- This bill is a priority. I cannot imag- pass his bill which never had a markup tion if Congress does not pass Medicare pro- ine the administration saying this is in the Finance Committee. I happen to vider payment legislation this year. not a priority, given all the other areas be a member of the Finance Com- If I had to guess right now—I guess there where we spend dollars. Defense, home- mittee. I would like to offer an amend- won’t be any give-back bill. land security, and other issues are vi- ment. I know Senator SNOWE has an The White House Office of Manage- tally important. But our Nation’s amendment she would like to offer. ment and Budget Director, Mitch Dan- health is also important, and we should Senator SESSIONS has an amendment iels, also said he thinks ‘‘the Federal invest in it accordingly. he would like to offer, or myself or Government cannot afford to pass a I cannot believe this administration someone else on the committee to offer Medicare provider give-back bill.’’ is saying it is not a priority to prevent on his behalf.

VerDate Mar 15 2010 20:38 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16OC2.REC S16OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10532 CONGRESSIONAL RECORD — SENATE October 16, 2002 We would like other Members to have The PRESIDING OFFICER. Is there AARP, a chance to amend the bill. So will the objection? Washington, DC, October 9, 2002. Senator be willing to modify his re- Mr. NICKLES. Mr. President, I ob- Hon. CHARLES GRASSLEY, quest to request this bill be referred to ject. U.S. Senate, Washington, DC. the Finance Committee for 48 hours for The PRESIDING OFFICER. The ob- DEAR SENATOR GRASSLEY: The legislative a markup so all members on the Fi- jection is heard. session is drawing to a close with no Medi- nance Committee would have a chance The Senator from Oklahoma. care drug coverage in sight. Once again, to have input on this particular bill? Mr. NICKLES. Mr. President, I will after years of waiting and with drug costs Mr. BAUCUS. Mr. President, in re- repeat to my friend and colleague, the soaring, beneficiaries and their families find sponding to my good friend from Okla- chairman of the Finance Committee, I that they get no help from Congress. What homa, I have a couple points. First, as will work with him to try to come up they face instead is yet another round of pro- my good friend well knows, since he is vider ‘‘givebacks’’ that will raise their Part with a package that can pass this Con- B premiums. a member of the committee, this issue, gress this year. I want it to pass, and I The provider pay hikes enacted in the Bal- the Medicare provider bill, has been want it to be signed into law. To come anced Budget Refinement Act of 1999 (BBRA) discussed for many weeks. It was in the up with a package that the administra- and the Medicare, Medicaid, and SCHIP Ben- Finance Committee informally, with tion is opposed to means it will not be- efits Improvement and Protection Act of 2000 several discussions and meetings. come law. (BIPA) are already costing beneficiaries $14 In order to prevent the harm that Some of us want to alleviate some of billion over ten years in higher Part B pre- these Medicare cuts represent, I be- miums. The over $40 billion givebacks pack- the problems. This particular bill the age being considered by the Senate will raise lieve, and I think Senator GRASSLEY Senator has asked to pass by unani- Part B premiums even higher—$6 billion in believes—we should check with him mous consent, which means no Senator the first five years alone. Less than 10 per- and make doubly certain—that we gets to offer any amendment, flies in cent of that package would directly benefit should pass this bill now. It makes the face of Senate tradition. Medicare beneficiaries—the people the pro- more sense to pass this consensus bill Senate tradition has always been—I gram is supposed to be serving. These added costs to beneficiaries come in than to go back and try to make it per- did a little homework on Medicare. fect in the view of some other Sen- addition to double-digit hikes in prescription Twenty-two of twenty-three significant drug costs for older and disabled Americans, ators. Medicare changes passed the Finance many of whom have little or no options for Second, there are very few days re- Committee in a bipartisan fashion and drug coverage. Employers continue to reduce maining in the session. There are very passed the Senate usually with over- or eliminate health care coverage. Medigap few days remaining before the election whelming numbers—not all the time premiums continue to rise. And now, nine occurs. What does that mean? It means but usually with overwhelming num- more Medicare+Choice plans are pulling out of Medicare. under the Senate rules, anybody who bers. So I was sincere in saying let us wants to frustrate the will of the ma- AARP opposes giveback provisions without refer it back to committee, let us have drug coverage in Medicare, and our 35 mil- jority, frustrate the will of 99 Senators, some amendments, let us have some lion members will not understand how the can essentially do so by objecting or by votes, and maybe we can come up with Senate can take this course of action. Our offering amendments. a bipartisan package that then will members want providers who treat Medicare The Senator knows this because we have momentum to pass on the floor. patients to be paid fairly. Errors or mis- have had four separate votes on the I might remind my friend and col- calculations in Medicare payment formulas issues he is indirectly referring to. Any should be corrected. Fiscal relief to states to league from Montana, my suggestion attempt to refer legislation back to a avoid drastic Medicaid cuts should be ad- was that is the way we should do the committee for the purpose of offering dressed. Those can be done for much less prescription drug bill. We did not do amendments is really a veto tactic. It than $40 billion. And it must be done at a far that on prescription drugs, and we smaller cost to the millions of Medicare is an indirect way of accomplishing the ended up with no bill. Seniors got zero, beneficiaries still waiting for the Senate to same objective by objecting. As the and I am afraid if we continue going fulfill its long overdue promise of affordable Senator well knows, the amendments down this path on the so-called Medi- prescription drug coverage. he is thinking of will not pass the Fi- Sincerely, care adjustment give-back bill, they nance Committee, will not pass the WILLIAM D. NOVELLI. will end up getting zero. I would like floor, and will have the effect of pre- Mr. NICKLES. AARP, which I do not for us to provide some assistance by venting the Medicare provider bill from always agree with, basically says—I passing something that could become being enacted. will read this one sentence: So in good faith, in order to help mil- law. When I objected to this previously—I AARP opposes give-back provisions with- lions of Americans, particularly the out drug coverage in Medicare, and our 35 millions of seniors who need help right believe it was a week ago Friday, Octo- million members will not understand how away, I could not agree to that modi- ber 4—there was not a Congressional the Senate can take this course of action. fication. If there are other amendments Budget Office scoring. The bill was just They have stated they are opposed to on other issues such as prescription introduced, and I said: How much is it doing a give-back bill on a stand-alone drug benefits, which I know the Sen- going to cost? To my colleague’s cred- basis. ator is indirectly referring to, let us it, he said about forty-some-odd billion The House passed a Medicare adjust- try at a later date to get that passed. dollars, and it was forty-some-odd bil- ment bill, or give-back bill, in addition We have tried for months, almost a lions dollars. I said: How much will it to passing prescription drugs. I know year, to get prescription drug benefits cost the first 2 years? Because some- the Senator from Maine has indicated passed, but there has been no break- times these 10-year estimates do not an interest in trying to do that. Asking through, there has been no agreement. mean a lot but the first year or two unanimous consent to pass it without But there has been agreement on this does. amendment would deny the Senator Medicare provider bill, basic agreement He said that over the first 2 years it from Maine the opportunity to offer an within the committee and basic agree- would be $10 billion. We did get CBO’s amendment either in committee or on ment between myself, the chairman of estimate, and the first year’s cost, 2003, the floor. It would deny the Senator the committee, and Senator GRASSLEY, was $10.1 billion. The second year’s from Alabama the chance to do more the ranking member of the committee. cost, 2004, was $11.8 billion. So the total for a rural provider wage adjustment, Let’s not let perfection be the enemy of cost is almost $22 billion the first 2 which I know Senator SESSIONS has re- the good. years, so it is twice as much as it was peatedly said he wanted to address. He Seniors need help. They need help estimated in the original 2 years. That should at least have that opportunity, right now. The cuts have already start- is real money. Can we do this right? either in committee and/or on the ed to take effect. So let’s pass this leg- We have a letter from AARP, and I floor. To do something strictly by islation, and then we can deal at a ask unanimous consent that this letter unanimous consent denies them that later date with the issues to which the be printed in the RECORD. opportunity. Senator is referring. Let us get this bill There being no objection, the mate- I make those points, but I am still passed so the seniors can get some rial was ordered to be printed in the willing to work with our colleagues to help. RECORD, as follows: see if we can do an affordable bill, one

VerDate Mar 15 2010 20:38 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16OC2.REC S16OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 16, 2002 CONGRESSIONAL RECORD — SENATE S10533 that can pass both the House and the found that beneficiaries living in rural scarce Medicare dollars. On the other Senate and be signed by the President areas encounter more obstacles when hand, though, I am deeply concerned this year. Maybe that is this week, receiving health care than those who about the effect this legislation could maybe it is next week, maybe it is the live in urban areas, primarily due to have on these companies. I am working week after election, but I am willing to cost barriers. In addition, the MedPAC with CMS officials and my Utah manu- do that this year. I am willing to try to report stated that rural hospitals have facturers to resolve concerns that have get all parties together so we can actu- had lower Medicare inpatient margins been raised about the competitive bid- ally not make campaign statements than urban hospitals throughout the ding program included in this bill and but we can change the law and have 1990s. This gap has widened from less will do everything possible to protect that law changed by a signature of the than a percentage point in 1992 to 10 small durable medical equipment com- President. I think that is doable, but percentage points in 1999. These statis- panies in Utah and across the country. we are going to have to get all parties tics not only apply to inpatient care, Let me also mention the Medicaid together, and to my knowledge that but also to most Medicare services in program. There is no secret that the has not happened at this point. rural regions of our country. In the majority of States are running deficits I yield the floor. end, the report states the obvious, cur- in this program, expected to reach $58 Mr. HATCH. Mr. President, today I rent Medicare payment policy places billion during this fiscal year. Adding rise to join my colleagues on the Sen- rural communities at a distinct dis- to the urgency is the fact that States ate Finance Committee in cospon- advantage and changes are necessary. have also used up two-thirds of their soring S. 3018, the Beneficiary Access S. 3018 takes steps toward addressing cash and their ‘‘rainy day’’ funds. Ac- to Care and Medicare Equity Act of these important concerns and attempts cording to a recent survey by the Na- 2002. Although this bill does not in- to provide equity between rural and tional Conference of State Legisla- clude all that I would have wanted, and urban Medicare providers and patients. tures, more than 40 States had insti- indeed includes some provisions with In my book, this is sorely needed. tuted some kind of spending freeze or which I disagree, on balance, I believe In addition, it is important to me an across-the-board cut and 22 states have cut Medicaid funds. it is necessary to pass such a bill this that Medicare funding for Skilled Nursing Facilities, SNFs, is included in Included in the Baucus-Grassley leg- year in order to provide needed assist- islation is a provision that would di- S. 3018. I have heard from facilities ance to both Medicare providers and rect some funds back to the States for across my State about the dire finan- beneficiaries. their Medicaid programs. This legisla- I would like to take this opportunity cial situation many SNFs are facing tion increases the Federal medical as- to express my strong support for provi- due to reduced Medicare spending in sistance percentage by 1.3 pecent for 12 sions contained in S. 3018 which in- fiscal year 2003. SNFs care for our na- months. Additionally, it directs $1 bil- crease reimbursement rates for physi- tion’s most vulnerable seniors and pro- lion in state fiscal relief grants for Fis- cians, skilled nursing facilities and vide valuable medical assistance to cal Year 2003. home health agencies. Physicians’ these Medicare beneficiaries and their In a perfect world, this is not the ap- Medicare reimbursements were reduced families. I have been working with proach I would have preferred we take by approximately 5 percent in 2002. Un- both Finance Committee Chairman to address the issue of fiscal relief for fortunately, the estimates used by the Senator MAX BAUCUS and Ranking Re- States. I have doubts about the advis- Centers for Medicare and Medicaid publican CHUCK GRASSLEY on this im- ability of using an entitlement pro- Services, CMS, when calculating the portant matter. While I am pleased gram to address a shortfall in State physician payment formula were erro- that the Senate Medicare provider funds. The precedence for linking an neous in some cases, and, regrettably, give-back bill provides more money to entitlement program to the economy is physicians will continue to be sub- SNFs than the House-passed bill, I be- unsound policy, in my opinion. If we jected to large cuts in future years if lieve that the funding level for SNFs had adopted that policy years ago and Congress does not take appropriate ac- should be even higher. I intend to con- were consistent in following it in good tion. This is simply not fair to physi- tinue to work with my House and Sen- times as well as bad, FMAP rates cians or their patients. ate colleagues on improving the Medi- would have been lowered in the 1990s Doctors in Utah have been calling me care reimbursement rates for SNFs. when States were experiencing sur- about this issue since late last year I also am pleased that S. 3018 in- pluses, resulting in the current FMAP and have explained to me over and over cludes provisions that will eliminate rates being much lower than they are again that these reductions will have a the 15 percent reduction in home now. I am also very concerned that this lasting, negative impact on patient health payments. There is no question ‘‘temporary fix’’ will end up becoming care. Some Utah physicians have told in my mind that home health services permanent. Both the Federal Govern- me that they will no longer accept are among the most valuable Medicare ment and the States do not have the Medicare patients or, even worse, are provides. Home health agencies are best record when it comes to cutting thinking about dropping out of the providing compassionate, caring serv- off a funding source we may have come Medicare program all together. And ices which, quite simply, help keep to rely upon. However, I do recognize what impact does that have on pa- beneficiaries out of more costly insti- that States are being forced to cut tients, especially those in rural areas? tutional settings. Home health agen- back essential services to low and mid- In my opinion, there is no question it cies across my State have urged me to dle income individuals and families as could lead to reductions in the number support the elimination of this cut. a result of States’ considerable budget of Medicare providers in rural areas. They have shown me how these poten- deficits. And, for those who are left, it will be tial cuts could cause many home Additionally, this legislation in- virtually impossible to spend quality health providers in Utah to go out of cludes a much-needed fix for the Chil- time with patients. business. Over my Senate career, I dren’s Health Insurance Program, Is this our goal? I do not think so. have been extremely supportive of CHIP. Without this provision, some $2.8 And I will be doing everything possible home health services, and will continue billion of unspent CHIP funds are to increase reimbursement rates to my advocacy for this important pro- scheduled to revert back to the Treas- physicians to help them continue to gram. ury. It is critical that States are able provide the high quality care that pa- The preceding things having been to access these funds. Some States ex- tients so deserve. said, one great concern that I have perienced significant challenges when Another important component of S. with S. 3018 is the impact that this leg- implementing their CHIP programs. 3018 is the valuable assistance this bill islation could have on small durable However, they are meeting that chal- provides to rural states, such as my equipment manufacturers in Utah. The lenge and have ‘‘ramped up’’ consider- home state of Utah. S. 3018 incor- bill contains provisions on competitive ably. They now are in a position to porates many of the recommendations bidding which my constituents believe draw down these dollars. Given these included in the Medicare Payment Ad- could drive them out of business. On uncertain economic times, we should visory Commission’s, MedPAC, 2001 re- the one hand, I do recognize the need not deprive states of funding to help fi- port on rural health care. This report to ensure efficiency in spending for nance the social safety net.

VerDate Mar 15 2010 20:38 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16OC2.REC S16OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10534 CONGRESSIONAL RECORD — SENATE October 16, 2002 I also believe the provision prohib- face a 10-percent, or $1.7 billion, reduc- taged by lower reimbursement rates. In iting States from using their CHIP tion in their payment rates for the cur- my State, and many others, rural and monies to cover childless adults is wise rent fiscal year, and a 19-percent cut in small urban hospitals receive a stand- policy. While I am extremely sympa- 2004 unless Congress acts to respond to ard payment that is woefully inad- thetic to the needs of the uninsured, it it. equate. We have to fix that. When you is important to note that Senator KEN- We can talk about numbers, this can take a look at the standardized pay- NEDY and I worked very hard to pass all be about finances, but my col- ment for hospital payments, you real- the CHIP program as a way of helping leagues know what it really is about. It ize the standardized payment is not the 10 million uninsured children in the is about the quality of care for people standard at all. This legislation fixes country. As the title reflects, the bill in our nursing homes. If the decision is that concern. was solely directed at ‘‘Children.’’ In- made not to reverse these cuts for I know it is the eleventh hour. The deed, it was not the health insurance long-term care, the quality of care is fact is that Senator BAUCUS and Sen- program, HIP, nor the Adult Health In- going to be diminished for those folks ator GRASSLEY have offered a piece of surance Program, AHIP, but the Chil- who are in nursing homes. legislation that everyone in this Cham- dren’s Health Insurance Program, I suppose one of the saddest days of ber knows must be done. Yet we have CHIP. my life was when I took my father to a people walking around as if to say this If we would like to help needy, unin- nursing home some months after my is not an urgent problem. Check your- sured adults, by all means, let’s look at mother had been killed. I will never self into a nursing home and tell me it how we can accomplish that. In fact, forget the moment we decided he had is not an urgent problem. Check into a Senator WYDEN and I have recently in- to go to a nursing home and then when rural hospital and check the financial troduced a bill to jump-start that dis- I took him there. He did not want to records as you walk through the front cussion. However, in the meantime, we go. The time he spent in that nursing door and tell me it is not an urgent should not distort the focus of a pro- home meant I spent a lot of time there problem. gram that is working well to help its as well, and I came to understand what We spend a lot of time in the Senate intended participants and lose the long-term care was all about and what during the year on things not so seri- sense of mission that has made it so ef- the quality of care for our senior citi- ous. But there is a serious problem fective. zens was about. I have deep admiration with Medicare reimbursement. We Finally, I have serious concerns for the people who ran that nursing often treat the light too seriously and about the provisions in S. 3018 on the home. I do not know what my father the serious too lightly. This is serious. Section 1115 waiver process for Med- would have done without the care he We have a responsibility now to deal icaid and CHIP waivers. I will be sub- received in that facility. with this issue. I hope the Senator from Montana mitting a separate statement for the In my State, we rank right near the will come to the floor every single day record which will outline my thoughts top in this country with respect to the we are in session and make the same on this issue in more detail. number of nursing home beds per resi- unanimous consent request until at In conclusion, I believe that passage dent in the State are concerned. Yet, some point we will not see people of S. 3018, the Beneficiary Access to on October 1, at a time when nursing standing up to object. I hope he will Care and Medicare Equity Act, is crit- homes are already struggling and do come tomorrow and I hope next week. ical for both Medicare providers and not have the money they need, we find At some point we will see this Senate beneficiaries. This legislation, while this cliff exists where they get a reduc- and the other body on the other side of not perfect, will provide access to qual- tion in reimbursement—and a pretty this Capitol say: Yes, let’s do this. We ity and affordable health care to Medi- substantial one at that. have a responsibility to get this done care beneficiaries across the country. I Now we are nearing the last few days for nursing homes, for hospitals, and urge my colleagues to support this bill of this session and my colleague Mr. for other providers. and, in my opinion, we must pass this BAUCUS brings to the floor legislation I did not mention physician reim- legislation before we adjourn. Partisan that I think makes great sense. It is bi- bursement. I will mention that when I politics needs to be put aside because partisan. The chairman and the rank- talk tomorrow about this subject. this issue is much too important to ing member of the Finance Committee I appreciate the leadership of the both Medicare beneficiaries and pro- are sponsors of this legislation. They Senator from Montana and the leader- viders. Medicare providers, and most say we need to get this done, it is ur- ship of Senator GRASSLEY. This legisla- importantly, the beneficiaries they gent, but we have people who stand up tion is the right thing for right now. serve, are depending on us to get this and say, I object. Not next year, not the year after, but job done, once and for all. Let’s not let There are a thousand reasons to ob- right now. It will have an impact on them down. ject, but there is only one good reason the quality of care for the American The PRESIDING OFFICER. The Sen- to do what we need to do here to pro- people in hospitals and nursing homes ator from North Dakota. tect the quality of care for vulnerable across this country. Mr. DORGAN. Mr. President, the two seniors in nursing homes, and that is I yield the floor. most powerful words in the Senate are because it is our responsibility. The PRESIDING OFFICER. The Sen- ‘‘I object.’’ The Senator from Okla- I have talked about nursing homes ator from Maine. homa has demonstrated the power of and how important they are. The same Mrs. SNOWE. Mr. President, I am that by just objecting to the request by is true with hospitals. For hospitals in deeply disheartened by what I am hear- the Senator from Montana to bring up my State, and I suspect the States of ing today, the refusal to refer the the Medicare provider reimbursement Montana, Iowa, and many other States, Medicare provider give-back legislation legislation. the level of Medicare reimbursement is to the Finance Committee for the de- Some seem to believe there is no ur- going to determine whether we have liberation and the consideration it de- gency about this issue. The Senator hospitals that are available to people serves. Time and again this Senate has from Montana has described bipartisan who need acute care, who need emer- circumvented the traditional and con- legislation that I support very strongly gency care, in the future. ventional procedures to undermine the and that I think it is urgent we pass. Now, we have the opportunity to do possibility of enacting a prescription This is bipartisan legislation address- something to provide decent payment drug benefit for our Nation’s seniors. ing an urgent, serious, and difficult to these hospitals. It is clear to me if my colleague from problem. Let me describe it from the Under the 1997 Balanced Budget Act, the other side of the aisle wish to standpoints of two different types of everyone in this Chamber understands achieve and accomplish a victory for health care providers. we cut too deeply. We understand that. our Nation’s seniors, they will work First of all, with respect to nursing The fact is, we have hospitals and nurs- with me and others—the Senator from homes, on October 1, long-term care fa- ing homes on the brink of going out of Oklahoma, those of us who worked on cilities experienced a cliff, or a sharp business or cutting back services. this legislation in the committee—who drop, in their Medicare reimbursement. Rural hospitals, just about all of the crafted a tripartisan package to pro- As of October 1, skilled nursing homes hospitals in my State, are disadvan- vide comprehensive prescription drug

VerDate Mar 15 2010 20:38 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16OC2.REC S16OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 16, 2002 CONGRESSIONAL RECORD — SENATE S10535 coverage for our Nation’s seniors. The Mr. President, we have the oppor- saying today is let’s take the Medicare Senator from Vermont, Senator JEF- tunity. Yes, we have the time. Over the provider give-back legislation and let’s FORDS, Senator BREAUX from Lou- last month, there have been a number have the opportunity to also consider isiana, Senator GRASSLEY from Iowa, of hearings and markups that have an amendment—amendments to that the ranking member of the committee, been scheduled in the Finance Com- legislation that would include a pre- worked together. We could make it mittee. They have then been canceled scription drug package. I will make a possible. on a variety of pieces of legislation, in- unanimous consent request shortly on I am deeply disappointed by what I cluding the Medicare give-back. I and that issue. am hearing today. Again, it gets back others in the committee, and Senator But I think we have the time, we to the all-or-nothing proposition. Some BREAUX, were planning to offer an have the ability to do both in this have said, we have already had votes amendment to the Medicare provider Chamber right now. The question is, on this issue. What does that have to give-back more than a month ago Do we have the political will? Some do with our Nation’s seniors who are again when that legislation was sched- people, as I said earlier, say we have denied the possibility of having a pre- uled for markup in the Finance Com- voted on this issue. It is not about us. scription drug benefit included in their mittee which is appropriate because It is not about us. The last time I Medicare package? That is who we that is the committee of jurisdiction. checked, Members of the Senate had should be talking about today. It is not We intended to offer an amendment to health care coverage that included pre- an all-or-nothing proposition. We can that legislation. Then the markup was scription drug coverage. It is about our do both. It is possible to do the Medi- canceled. There were a variety of other Nation’s seniors, and it is making this care provider give-back package the markups that were scheduled in the Fi- institution work on behalf of the peo- Senator from Montana is referring to. nance Committee over this last month ple we represent. Each of us have an in- It is also possible to do a prescription on various issues. dividual and collective responsibility drug benefit for our Nation’s seniors Again, we were saying if we can have to make that happen. and include it in one package. There is time to consider these other important It is a true failure on our part that no reason we have to be in any other pieces of legislation, clearly we should we did not make this possible. We situation than including and consid- have the opportunity and we have the worked a year and a half ago—the Sen- ering these issues in tandem. That is time to consider a prescription drug ator from Vermont is here, Mr. JEF- the desire of the Senator from Okla- package. FORDS, and Senator BREAUX from Lou- homa, Senator NICKLES. That is my de- Now, you might say, we had votes in isiana, Senator GRASSLEY and I sire. That is the desire of our Nation’s July on this issue in the Senate. That worked—more than a year and a half seniors. In fact, it is the desire of the is true. Did the Finance Committee ago to begin the process of shaping a largest organization that represent our have a markup on the prescription comprehensive package so we could in- Nation’s seniors, AARP. drug bill? The answer is an unequivocal clude this significant benefit in the I know the letter has already been no. I can’t state why. The Finance Medicare Program to avoid political printed in the RECORD, but I will read Committee, the committee of jurisdic- collisions, to avoid the scenario that it. It is important to read. tion, did not have a markup on a bill I has now manifested itself in this insti- The legislative session is drawing to a think virtually everybody in this tution on this particular issue. close with no Medicare drug coverage in Chamber would agree is one of our Na- sight. Once again, after years of waiting and But what we got instead was denial with drug costs soaring, beneficiaries and tion’s top domestic priorities. Every- and obstruction and circumvention of their families find that they get no help from one would agree with that. So you the conventional processes of this Sen- Congress. What they face instead is yet an- might ask, why didn’t the committee ate—No. 1, because we did not have a other round of provider ‘‘givebacks’’ that have a markup, going through the con- markup in the Finance Committee; will raise their Part B premiums. ventional procedures, so that both and, No. 2, it was an up-or-down vote in The provider pay hikes enacted in the Bal- sides have the chance to deliberate, to the Senate floor on two packages, no anced Budget Refinement Act of 1999 (BBRA) and the Medicare, Medicaid, and SCHIP Ben- amend, debate, and vote upon a pack- amendments. So we did not have the efits Improvement and Protection Act of 2000 age? It is a very good question, a ques- ability to work through our dif- (BIPA) are already costing beneficiaries $14 tion to which I do not have an answer. ferences, work through the concerns billion over ten years in higher Part B pre- Yet I have never had an answer. This is that each of us might have in terms of miums. The over $40 billion givebacks pack- close to a $400 billion package that how do we shape this most significant age being considered by the Senate will raise would provide prescription drug cov- benefit that nobody denies the seniors Part B premiums even higher—$6 billion in erage to our Nation’s seniors. Yet we deserve and desperately need. No one is the first five years alone. Less than 10 per- cent of that package would directly benefit did not have a markup. That clearly denying that. So what is impossible Medicare beneficiaries—the people the pro- undermined our ability to achieve a about doing it right here and now? gram is supposed to be serving. consensus on this legislation. If we have had time over the last few These added costs to beneficiaries come in You could take the tax-cut legisla- months to schedule markups in the addition to double-digit hikes in prescription tion in the year 2001. No one knew what committee on various initiatives, in- drug costs for older and disabled Americans, the end result of that bill would be cluding the Medicare provider give- many of whom have little or no options for when it came before the Finance Com- back, then why don’t we have the time drug coverage. Employers continue to reduce mittee. We had the ability over several or eliminate health care coverage. Medigap to also include, in conjunction with premiums continue to rise. And now, nine days to amend it, debate it, and vote those bills, a prescription drug cov- more Medicare+Choice plans are pulling out upon the various issues the Members erage? of Medicare. had presented to the committee. Ulti- How can we fulfill our commitment AARP opposes giveback provisions without mately we voted on a package. It came to our Nation’s seniors if we fail to do drug coverage in Medicare, and our 35 mil- to the floor. We had more amendments. that in this session of this Congress? lion members will not understand how the We had more than 50 amendments to And to provide a provider give-back Senate can take this course of action. Our the tax cut bill because we had the bill that I certainly support, but also members want providers who treat Medicare patients to be paid fairly. Errors of mis- right and the prerogative to express one that raises Part B premiums? It calculations in Medicare payment formulas our positions and our views of the raises Part B premiums. And that is should be corrected. Fiscal relief to states to States that we represent. During the not my estimate. That is the estimate avoid drastic Medicaid cuts should be ad- natural course of the legislative proce- of the Congressional Budget Office. dressed. Those can be done for much less dure, we had the ability to express our- What we are saying is, recognizing than $40 billion. selves on that very important piece of the impact that will have on our Na- The fact is AARP, our Nation’s larg- legislation and then ultimately vote tion’s seniors and the costs to them di- est organization that represents the for its enactment. rectly, when you raise Part B pre- seniors’ interest, is opposed to passing The same was not true when it came miums, you are obviously going to a give-back program without including to this significant issue that affects have to pay more of their out-of-pocket a prescription drug benefit for our Na- most of our Nation’s seniors. So it be- costs for their Medicare coverage. So tion’s seniors. came an either/or approach. What I am why then are we not also considering a

VerDate Mar 15 2010 20:38 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16OC2.REC S16OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10536 CONGRESSIONAL RECORD — SENATE October 16, 2002 prescription drug benefit to ease the package. In fact, we had one of the cially because it has the impact on in- impact of the cost to our Nation’s sen- meetings that was chaired by the Sen- creasing our Nation’s seniors’ Part B iors, if they can even pay? Even if they ator from Montana that included more premiums. That, of course, has been can afford to pay out-of-pocket costs than 14 Senators, almost equally di- underscored by the Congressional for their drugs. But most, as we know, vided across the political aisle. We Budget Office as well—that it will raise are forced to choose between food and were really focusing on the several the cost of Part B premiums as a result paying for their prescription drugs pre- issues that really did represent the of this give-back bill. If we are going to scribed by their doctors. areas of disagreement. Somehow the do the give-back—and I wholeheartedly I believe we have a greater obliga- meetings were canceled. support that—then we also have a re- tion. We have a greater obligation to No explanation was given. This is all sponsibility to provide this most crit- build upon the support of both goals the more unfortunate and dis- ical coverage to our Nation’s seniors. here today. I hope we will be able to do appointing because I think we did have It would be a terrible oversight if we that. That is why I think it is so clear a sense of agreement. fail to do what is right. This action is that we do not have to end this session The bottom line is we have never warranted. Seniors cannot put off their this way. If we had the ability to con- been closer than we were in September illnesses, and we must not put off a so- sider a $43 billion package that pro- of providing this package—a universal, lution. vides reimbursements to our rural hos- comprehensive Medicaid benefit for our I come to the floor to offer a proposal pitals and home health care, to med- Nation’s seniors. The basis of a con- that we consider not only Senator BAU- CUS’ legislation and provide for his leg- ical providers—and they, too, will ac- sensus package exists today. islation but also the tripartisan pre- knowledge how imperative this benefit I hope we can agree today to do both. scription drug package. I made a com- is to our Nation’s seniors—they cer- I am committed to doing that. I know there are others here who are mitment to our Nation’s seniors that I tainly would welcome the Senate’s ac- committed in this Senate to do what is would protect their interests and do ev- tion on both pieces of legislation in right for our Nation’s seniors. We can erything possible to pass the Medicare tandem. prescription drug benefit this year. The House of Representatives passed, argue about not having the time. Tell Now is the time to be giving that months ago, both a prescription drug that to our Nation’s seniors—that we just didn’t have time. We have time for consideration. To say that we don’t bill and a Medicare provider give-back. other issues, but we don’t have time for have time is really failing our Nation’s While some may have differences in our Nation’s seniors when it comes to seniors. We do have time. We have time this Chamber with what direction and this vital benefit that can make the because we are considering the Medi- what provisions they included in that difference between life and death. care-provided give-back. We have time package, they ultimately passed a We have all heard the traumatic sto- because a number of markups were package that included both initiatives. ries and circumstances that many of scheduled before the Senate Finance I happen to believe that we have a our Nation’s seniors have been placed Committee, and they were canceled. greater obligation to do the same. in because they do not have the kind of But there was obviously time that was I don’t think we can use the ration- coverage that is extended to each of us included on the schedule for the mem- ale that we are here at this point in here in this institution. bers of the committees to consider time and that we do not have the time I happened to come across a poll not other pieces of legislation for markup anymore. Let’s send this back to com- too long ago. It says when asked, in committee. I don’t object to that. mittee. I regret the Senator from Mon- Should senior Americans have the But what I object to is denying our Na- tana objected to the request made by right to choose between different tion’s seniors the ability to have a pre- the Senator from Oklahoma to refer health care plans with different bene- scription drug benefit because we are this back to the committee. We have fits just like Members of Congress and denied the ability to give voice to that the next couple of days. We are going Federal employees? Of course 90 per- benefit and to express our will through to be here. We may be here next week. cent said, yes, they want to have that the traditional procedures of the com- We have the ability to mark up this choice. They want to be able to choose mittee and here on the floor of the Sen- legislation, both the provider give-back in their Medicare benefit package pre- ate. and the prescription drug bill—we have scription drug coverage. They would I regret that the majority leader will the time—and then report it back to have a choice under the tripartisan not allow a vote and a vote on an the floor so each of us have the oppor- package. They could choose the tradi- amendment and consideration on both tunity again to debate and amend, if at tional Medicare Program, the new en- issues in tandem. We could do it in the all possible, on various issues, and have hanced fee-for-service program, or the committee and bring it to the floor. a final vote. Medicare+Choice. But whichever pro- That is certainly what I would prefer. I think we should try to work to- gram they would choose, they would But if not, we ought to be able to con- gether to advance a viable, comprehen- have the option of a prescription drug sider both of these initiatives before sive prescription drug plan that war- benefit. That is the way it should be. the full Senate. We should let the proc- rants strong bipartisan support. We de- We all know the Medicare Program ess work the way it is designed because veloped a tripartisan package begin- was developed almost 40 years ago. It our Nation’s seniors deserve at least ning more than a year and a half ago. needs to be reformed and overhauled in that. We announced our principles a year ago a way that modernizes and reflects the UNANIMOUS CONSENT REQUEST July, setting out the framework so we kind of health care that seniors are I ask unanimous consent that the would avoid the political collisions and getting today. But some say the tradi- Senate immediately turn to the consid- the polarization and partisanship that tional program works, and they should eration of S. 2; that following the re- seem to be the monkey wrenches grind- have that option and benefit. If they porting by the clerk, a substitute ing this legislative process to a halt. want a new, enhanced fee-for-service amendment at the desk which contains But again, I guess it was not suffi- that also includes prescription drug the text of S. 3018, the Beneficiary Ac- cient to overcome those impediments. coverage, they should have that ben- cess to Care and Medicare Equity Act Those negotiations we did have during efit. But the fact is they should have a of 2002, and S. 2, the 21st Century Medi- the course of the summer, even in the choice. care Act, be considered and agreed to, aftermath of the votes that were We are told, ‘‘the next Congress.’’ I the motion to reconsider be laid upon taken, the up-or-down votes on the two have been hearing that every Congress. the table, and the bill then be open to packages—one by Senator GRAHAM, one As far as I can check, we have been further amendment and debate. that was offered by those of us who talking about this for almost the last 4 The PRESIDING OFFICER. Is there represented the tripartisan plan—we years or more—the next Congress; the objection? even had negotiations this fall. We all next year. It is here and now that we Mr. REID. Mr. President, reserving felt a breakthrough compromise was have an obligation. We have an obliga- the right to object, I say to my friend near. tion to do it now. from Maine, the distinguished senior The foundation of that compromise AARP is right in saying that you Senator, that maybe she protesteth too was going to be, in fact, the tripartisan can’t do one without the other—espe- much.

VerDate Mar 15 2010 20:38 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16OC2.REC S16OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 16, 2002 CONGRESSIONAL RECORD — SENATE S10537 The fact is the prescription drug tion of whether I protest too much. I sides of the political aisle here in this package that she talks about did not can assure you, our Nation’s seniors institution and on the other side to get a majority vote in the Senate. The will protest when they learn about the work these issues out in the final and one that received a majority vote of 51 failure of this institution to pass any remaining days of this Congress. But to Senators was the Gramm-Miller prescription drug benefit. say it can’t be done, tell that to our amendment prescription drug plan. We were close to working out our dif- Nation’s seniors. That received a majority vote of the ferences on the few issues that really Voting on an issue means nothing un- Senate. did separate us on the two packages less you produce results. Results means I think her idea is a good idea—that that were before the Senate back in taking final action on a piece of legis- we go ahead and adopt what the Sen- July. It really came down to several lation that is sent to the President of ator from Montana, the chairman of different issues. We had ongoing nego- the United States. The President is the Finance Committee, has come to tiations, even including additional eager to have legislation that can be the floor twice today and talked about Members who had been working on this signed into law to give this much-need- doing the Medicare give-back—have issue before, because we were reaching ed benefit to our senior citizens. that and have the prescription drug bill out. We were close to reaching an We can do it. I hope the Senate will have a majority vote. GRAHAM of Flor- agreement, whether it was on the cost recognize it is a very reasonable unani- ida and MILLER—51 votes. or the fallback, to ensure every senior mous consent request. I hope they will That would let the will of the Senate had the option and the access to a pre- reconsider their objection to this re- work where the majority of the Senate scription drug benefit that was de- quest. determines what happens. The problem signed in that program, regardless of Mr. REID. Would the Senator repeat was we didn’t get 60 votes. We had 51 where they lived in America, so no one herself? I was speaking to one of my votes. would be denied. staff. I also say my friend from Maine talks We were close to reaching that con- Ms. SNOWE. I hope the Senator about protecting the interests of sen- sensus. But for some unexplainable rea- would reconsider his objection to my iors. I know she wishes to protect the son, further negotiations were sus- unanimous consent request because interests of seniors. I think the best pended. That was regrettable because this motion really is asking to include way to do that is with the best pre- we could have been at a point where we both issues in one package in tandem scription drug package that has sur- could have enacted a prescription drug and to be able to further amend and de- faced in the Senate—the one that re- benefit in the Medicare program. bate. I think it is a reasonable request, ceived the majority vote of the Senate. When I asked for this unanimous con- and it is one that should not be denied. Let us pass that. That would protect sent, it was to also include the oppor- Mr. REID. Will the Senator allow me the interests of seniors. tunity for the Senate to amend and de- to respond? I would also say this: I say it with a bate this legislation. We do have the Ms. SNOWE. I am glad to have the smile on my face. To have the minority time. If we have the time to bring up Senator respond. talk about us having enough time to do Medicare provider give-back legislation Mr. REID. The Senator has asked if I things is about as close to being ridicu- of more than $43 billion, then clearly would respond or reconsider. I have the lous as anything I have heard. I have we also have the time to consider a greatest respect for the Senator from sat on this floor—not for minutes but prescription drug bill. Then, I would Maine. We have worked together on hours, days—I have sat here for weeks argue, we are even further along in this many issues. She is a fine legislator, while the minority has prevented us institution in examining all of the but she is simply wrong. from doing anything. We can’t pass our components and provisions and the It seems somewhat unusual to me appropriations bills because they won’t issues surrounding the development of that in the waning hours of this con- let us. We can’t pass homeland defense a comprehensive universal package. We gressional session, suddenly we want to because they won’t let us. We can’t are much further ahead because we did have a debate on Medicare give-backs pass the conference report on terrorism have debate on the two proposals on and prescription drugs. We have fought insurance because they won’t let us. the floor, but we didn’t have the oppor- the minority all year long on many We can’t pass the prescription drug bill tunity to amend our various packages. issues. On the list, of course, is pre- because they won’t let us. We can’t It was up or down, all or nothing, ei- scription drugs. That is the second one pass the generic drug bill because they ther/or, take it or leave it, get the 60 we have here. We were forced to pass won’t let us. I could go on and on. votes or not—not expressing our will something that is good, but certainly So don’t tell me that we do not have through the conventional procedures of not what we wanted with the generic enough time to do things. We are not this institution. drug bill. It is buried in the dark hole having enough time to do things be- I cite again the example of the tax- of the Republican-led House of Rep- cause the minority won’t let us. cut measure we ultimately adopted in resentatives because they will not go So I object, unless my amendment is the Senate back in May of 2001. It re- to conference. accepted. quired several days. In that case, there We have the Medicare give-backs, I move to amend the unanimous con- were 50 amendments. But we expressed which is so important for the people of sent request to accept the language—— ourselves. We had the opportunity to the State of Nevada and Maine and The PRESIDING OFFICER. Objec- offer amendments and then ultimately Vermont, West Virginia and Montana, tion is heard. vote on a final package, yes or no. That any State in the Union, a very impor- The Senator from Maine has the is not the same opportunity that has tant piece of legislation. That is ready floor. been given to this issue. to move. We could pass that in a mat- Ms. SNOWE. Thank you, Mr. Presi- Our Nation’s seniors deserve to know ter of minutes. dent. that. They also deserve to consider The prescription drug bill I ref- In response to what the majority both of these initiatives in tandem. I erenced, the Graham-Miller legislation, whip mentioned, the fact is that we have yet to hear a reasonable argu- had extended debate on the floor. We had the opportunity and the time. The ment as to why we can’t do that, why have heard enough about that. People motion that I offered with respect to we cannot include both of these initia- understand the issue. It got a majority the Medicare-provided give-back legis- tives in one package, similar to what vote. We don’t need another amendable lation and the prescription drug benefit the House of Representatives did item on which we have, frankly, your is including further amendments and months ago. We should be able to do side stall, stall, stall, as you have done debate. the same thing in the Senate, send the all year long. That is all we are asking, to have the package to the conference, and work I have reconsidered. The only thing I opportunity to debate and amend a out the issues. would suggest we do is adopt the pro- package on the floor of the Senate that Believe me, there is great urgency to posal of the Senator from Montana, the gives our Nation’s seniors the option of obviously resolve both of these initia- proposal of the Chairman of the Fi- having a prescription drug benefit in tives to reach a final conclusion. I nance Committee, on Medicare give- the Medicare program. It is not a ques- think there is genuine interest on both backs and stick in that, if we have so

VerDate Mar 15 2010 20:38 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16OC2.REC S16OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10538 CONGRESSIONAL RECORD — SENATE October 16, 2002 many on the other side who suddenly We are elected to do what is impor- get a majority vote in the Senate. We found religion and want to do some- tant here and now. That is our obliga- had a piece of legislation that got a thing to help seniors with prescription tion. If we have to stay here day and majority, but she refuses to talk about drugs; that we pass, as a majority of night, through the weekend, what that. She talks about committee, com- the Senate has already said we should greater obligation do we have than to mittee, committee. We recognize how do, the Graham-Miller prescription do what is important to the people we the Senate works. The committee drug bill. represent? This is an issue that has structure, I support. I have great re- The PRESIDING OFFICER (Mr. been acknowledged by both sides to be spect for the traditions of the Senate. FEINGOLD). The Senator from Maine. one of our top domestic priorities, and But there are times when the commit- Ms. SNOWE. Mr. President, in re- we are saying we don’t have time. We tees don’t have full hearings on pieces sponse to the points made by the Sen- don’t have time in the committee. We of legislation. ator from Nevada, obviously the minor- didn’t have time in the committee last The minority should become con- ity do not design the floor schedule. July. We didn’t have time in the com- sistent because, on the one hand, they That is the prerogative of the major- mittee last spring. We have not had are telling us if the committee works ity. The minority did not preclude the time. When do we have time around and they don’t like what the com- Finance Committee from marking up here, Mr. President? When do we have mittee does, the matter should come to this legislation. We did not choose to time to do what is right in this institu- the floor anyway. Let’s see how that postpone the consideration of a pre- tion? When do we have time? How do would work here. If something happens scription drug package in the Finance we do it? in the Senate Judiciary Committee and Committee. The Senator from Nevada We had a tripartisan group from the they make a determination and the mi- would acknowledge a markup in the Fi- Senate Finance Committee begin to nority doesn’t like what happens in the nance Committee was important and work on this issue a year ago—I would committee, then it should come to the essential to achieving the consensus say in June, and we announced our floor anyway. It would seem to me if that is so critical in passing any sig- principles a year ago July—to avoid you are consistent, you have to recog- nificant piece of legislation. this type of political showdown, to nize we have a situation where we have In this instance, we are discussing a avoid the all-or-nothing confrontation had extensive debate that took place package that represents more than $400 that seems to pervade this institution. over a period of many weeks on pre- billion over the next 10 years. Guess what. We are denied the ability scription drugs. The only one that got Mr. President, I think everybody to mark up this bill in the Senate Fi- a majority vote is the one I talked would agree the Finance Committee nance Committee. about—on two separate occasions—by should have had the opportunity to Well, I might be protesting too much, Senators GRAHAM and MILLER. Let’s consider that initiative. I cannot think but, frankly, I think our Nation’s sen- pass that now. I think that is fine. of the last time that creating a new iors deserve better. I know they are I see the Senator from Michigan, who benefit, a new package, or a new pro- protesting. Tell them we don’t have spent weeks of her time working on gram that represents close to $400 bil- time. Explain to them why we didn’t prescription drugs. We didn’t get a pre- lion over the next 10 years, has not had have a markup in the committee that scription drug bill because we could the benefit of a markup in the com- would have increased the likelihood of not get 60 votes. But we had a major- mittee—at least, if you are thinking the passage of this legislation. ity. We passed a generic drug bill—not about enhancing the ability to create Now we are hearing we should have a perfect bill but a good one—that the consensus for the final passage of this Medicare provider give-back. I en- would lower the cost of drugs in Amer- that legislation. So the process was cir- dorse that, but I don’t believe these are ica, not only for seniors but for every- cumvented, for whatever reason, I do mutually exclusive issues. I want to body. It allows reimportation from not know. make that clear. These are not mutu- Canada. But what I do know is what is pos- ally exclusive items. Obviously, AARP Where is that bill? It’s buried over in sible today. I do know if we had the po- agrees because of the letter they sent the dark hole of the conferences of the litical will, we could resolve the few to the legislative leadership, the com- Republican-led House of Representa- differences between the positions that mittee leadership, and the ranking tives. They won’t even let us do that. were offered on the floor back in July member of the Finance Committee, Here we have somebody telling us we that, regrettably, we didn’t have the that you should not do one without the have lots of time. Let’s do another pre- opportunity to amend or further other. I am speaking on behalf of the scription drug bill, but we want to amend. It was, again, as I said, up or seniors I represent in my State of start this one in the committee. When down, either/or, all or nothing. Well, Maine. They deserve better. it comes to the floor, we want to have you cannot achieve cooperation and I hope the Senator from Nevada will a lot of amendments, or a few amend- consensus on a major package of this reconsider, so we have the ability here ments. kind without working through the var- and now to consider the provider give- We know that is a prime-time word ious issues. back benefit, and if the Senator indi- for the big stall. That is all this is. I So all I am asking is we have the op- cates there is general unanimous have great respect for the AARP. It is portunity to consider a prescription agreement to provide that, then we can a great organization, but they don’t drug benefit in tandem with the Medi- focus on the prescription drug benefit run the Senate or this country. There care provider give-back. If we have and on the few areas we have identified are many people in the State of Ne- time to provide $43 billion in additional to be the issues in disagreement be- vada, and all over the country, who assistance to Medicare providers—and I tween what was offered by Senator badly need this Medicare give-back. So would wholeheartedly support that, GRAHAM and the tripartisan package I am willing to take my chances with but I also would support providing pre- offered by the Senator from Iowa, Sen- AARP because the Republicans would scription drug coverage to our Nation’s ator BREAUX from Louisiana, Senator not let us pass a prescription drug bill, seniors. How can we do one without the JEFFORDS from Vermont, and myself. a generic drug bill. I will take my other? I have not heard an explanation We can do that. I hope I will hear that chances with AARP and go with the I think would be acceptable to the sen- message today. Let’s begin here and Senator from Montana. Let’s pass the ior citizens of this country. now. Medicare give-back bill to help mil- We didn’t have time? Well, where Mr. REID. Mr. President, I try to be lions of people in America—rural have we been over the last 2 years? We very patient; sometimes I am and America and urban America—people didn’t have time, Mr. President? I don’t sometimes I am not. But I have to tell who badly need this. I am going to think that is acceptable. How does any- you the statement of my dear friend, have convalescent centers going broke body go home and say to their con- the senior Senator from Maine, is real- in Nevada, filing bankruptcy. stituents we didn’t have time—espe- ly trying my patience. She has stated Is that what we want? We had a con- cially because that has been the ration- numerous times she likes the valescent center in rural Nevada. They ale given for the last 4 years: we will tripartisan piece of legislation. More had all kinds of problems. They did not put it on to the next Congress. power to her. The fact is, it could not know what to do with the people in the

VerDate Mar 15 2010 20:38 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16OC2.REC S16OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 16, 2002 CONGRESSIONAL RECORD — SENATE S10539 center because they were going broke. with other Senators who were key Sen- in their ways that I have made the What do they do with them? It was the ators on this subject as a last-ditch ef- judgment that it is nearly impossible only center in town. This legislation fort to get a bill passed because I share in the remaining days to reach agree- would direct money to that situation. with her the view we owe it to our sen- ment because we are in such a political AARP is a great organization, but iors to get a prescription drug benefit season. they can take that letter and carpet bill passed. I understand that. If the Senator from Maine wants to floors with it because that is not how But the Senator knows well that come forth and give me a legitimate we run the Senate. We do what is best there are huge differences of agree- compromise, then maybe we can get a for the people of our States, and the ment. The issue is basically, should we bill passed. She says she wants the best for our States is to do what the have a more privatized system or not? tripartisan bill up for consideration. Senator from Montana said to do. We That is basically the argument. She does not say: let’s sit down and tried to pass all kinds of legislation, The Senator from Maine suggests the work out a legitimate agreement and and we have had the big stall. So do approach that privatizes prescription see if we can put something together. not have anyone lecture me on enough drugs to seniors with insurance compa- I would like to sit down with the time to do things. I have spent days, nies. That is basically her bill. There Senator from Maine and see if we can weeks, and probably months of my life are others who say: No, do not do that; reach agreement. I know the Senator sitting here doing nothing because that is wrong because insurance com- from Maine would like to do so. To be they would not let us do anything. panies will take too much for them- honest, she has not suggested anything The PRESIDING OFFICER. The Sen- selves; the insurance companies will except the tripartisan insurance com- ator from Montana. not give the benefits to the seniors, pany model. And that plan did not even Mr. BAUCUS. Mr. President, I am and besides that, insurance companies get a majority vote in the Senate. The thankful the Senator from Maine is are not sure they want to do it, any- approach by Senator GRAHAM received still on the floor. I wish to respond to way. a majority of votes in the Senate. a couple points she made. It is very easy for a Senator to stand Mr. President, if we don’t pass this I do not know that there is anybody up and say: Let’s do prescription drug bill to restore Medicare payments, we in the Senate who wants to get a pre- benefits. The hard part is actually should consider all of the seniors who scription drug benefit for seniors more coming up with a compromise so we may get less care in nursing homes, than the Senator from Maine. Believe can reach a solution and pass a bill and seniors who may get less care be- me, I understand that. I have been at that does give benefits to our seniors. cause doctors will no longer provide many meetings with the senior Senator To be frank, I have not heard the Medicare services to patients. from Maine where she has made that Senator from Maine come forth to me My good friend from Maine points very clear. or anybody with a reasonable com- out that the Medicare payment bill There is also no one on the floor who promise. She has been pushing for this will increase costs to seniors. She does wants to pass a prescription drug bill insurance company model, and she is not tell us that of the increased cost to more than the senior Senator from not coming up with a compromise. I seniors 90 percent is caused by a res- Montana. The same is true of the Sen- say that because that indicates the de- toration of payments to physicians. ator from Michigan, the Senator from gree of separation and the division in This restoration is needed to ensure Nebraska, and the Senator from West this Senate over how to get prescrip- that physicians will still provide care Virginia, as well as the current occu- tion drug benefits to seniors. to seniors. pant of the chair, the Senator from But while we all want to pass a ben- If she wants doctors to continue to Wisconsin. We all want to get a pre- efit, we also want to make sure it is withdraw from Medicare, that is her scription drug benefit passed. done right. If we are going to pass leg- right, that is her choice, when she com- On the one hand, there is the so- islation on the order of $400 billion over plains about the amount of the in- called tripartisan bill, which the Sen- 10 years, we have to make sure it is crease seniors will have to pay. It is ator from Maine supports, and which is done right and that it works for sen- true that they will have to pay a little basically the insurance company iors. It does not make sense just to more. We have to figure out a solution model. On the other hand, there is the pass a bill. It makes sense to pass a bill to that. I am hopeful we can do it next bill that would use pharmacy benefit that works. year, and I am hopeful there will be managers, or PBMs, to administer a I could not agree more with the Sen- more of a bipartisan mood around here. drug benefit. This is essentially the ator that we should pass a bill, but in I know the Senator’s motives are Medicare model. Reducing it to its all candor, at this late moment, com- pure. Hers are pure, but I cannot say basic simplicity, that is the argument. ing up to the Chamber without first that for the majority of the Members The Senator says she wants a pre- suggesting an honest-to-goodness com- on the other side of the aisle on this scription drug benefit passed, but she promise sounds as if this is obfusca- issue at this moment. I have been slyly indicates she wants hers passed. tion. On the surface, it sounds good: around here a while and know how this But her bill did not get a majority vote Let’s pass a prescription drug benefit. I place works. I have the utmost respect in the Senate. There are others who know she means well, but there are for the Senator from Maine. She has want to get prescription drug benefits others on her side of the aisle for whom pure motives, but her offering this passed who have a different view of this is an obfuscation, a desire not to unanimous consent request at this what a prescription drug benefit should get an underlying give-back bill time is clearly an effort on the part of be, and that is the problem. Neither passed. others—not her—on the part of others side wants to give in. Both sides think The reason the Medicare give-back to try to slow down and prevent the they are right. bill is here is because there is agree- Medicare give-back bill from passing. We just witnessed a good example of ment. There is agreement on almost all Mr. HATCH. Mr. President, as my that. The Senator from Maine says: of the provisions: an agreement that colleagues are aware, I have agreed to Bring up a prescription drug bill, but we should not allow the home health cosponsor S. 3018, the Beneficiary Ac- bring up hers, the way she wants it. cut go into effect; agreement on what cess to Care and Medicare Equity Act She does not agree to bring up the the restoration for physicians should of 2002, because I believe it is impera- other bill, apparently, that the Senator be; agreement on hospital payments, tive we act this year to correct defi- from Nevada suggested, the one that the so-called standardized amount. ciencies in Medicare payment levels received a majority vote. That is the There is agreement. that are certain to create hardships for problem. Neither side agrees. Each side But there is not agreement on how to providers and those they serve, bene- wants its bill passed. provide prescription drug benefits, and ficiaries. I say to my good friend—and she well the Senator from Maine well knows I want to take this opportunity to knows this—I have worked so hard that. Her argument is: Let’s just try; underscore concerns I have with Sec- with her to get a prescription drug ben- let’s try it. tion 706 which deals with the process efit passed. I called the meeting in my Sometimes we have to tell it like it for development and implementation of office with the Senator from Maine and is. The fact is, both sides are so stuck Medicaid and CHIP waivers.

VerDate Mar 15 2010 20:38 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16OC2.REC S16OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10540 CONGRESSIONAL RECORD — SENATE October 16, 2002 I am sympathetic to the underlying impact of the proposed waiver on any bunch of bureaucratic hoops. This will concerns expressed by the sponsors of provider or suppliers of items or serv- not foster open debate nor will it en- this provision, especially as they relate ices for which payment may be made courage the states to try and draw a to coverage of childless adults under under the Medicaid or CHIP program. buy-in from stakeholders. Instead, in the CHIP program. CHIP was designed It would seem to me, that we are put- my opinion, it will create an atmos- to address the needs of children of ting the cart before the horse here. phere where the state will do the bare working parents who made too much Isn’t it the purpose of a public com- minimum in order to meet the require- money to qualify for Medicaid, but, ment period to determine the effects ments and no more. This is not the way many times, could not afford private and impacts on individuals and pro- to promote outreach efforts and a free- health insurance. I believe that the in- viders? Aren’t we setting the States up flowing exchange of ideas. In fact, I be- tegrity of the CHIP program must be to be criticized for coming to pre-deter- lieve that if enacted, Section 706 will maintained. For this reason, I have mined conclusions about the effects of stifle such an approach. even opposed attempts to expand CHIP a proposed waiver by requiring them to In considering the role of HHS rel- to cover pregnant women, because I be- effectively develop these conclusions ative to the waiver process, I am in- lieve funding should be devoted to pro- before the public has had a chance to formed that HHS Secretary Tommy viding coverage to uninsured children, weigh in on the matter? Thompson has written in opposition to preserving the original intent of this Section 706 goes on to require that Section 706. I share the Secretary’s legislation. It should come as no sur- the State must have one meeting with concerns that, as drafted, this section prise to my colleagues that I oppose ex- the state’s medical care advisory com- would leave HHS vulnerable to costly panding CHIP under a waiver to cover mittee and two public hearings on the and burdensome lawsuits. I agree with childless adults. waiver. I am somewhat confused by Secretary Thompson that State and However, there are those who do not these provisions. It seems to me that Federal resources should be spent ad- share my views on this issue and I be- rather than encouraging an open and dressing the issue of the uninsured and lieve that they should be heard. There comprehensive dialogue in the state should not go, instead, to fending off are those who believe that CHIP enroll- over a proposed waiver, Section 706, if legal challenges from every national ment is not as high as it could be be- enacted, would curtail and truncate advocacy group who did not get exactly cause parents are not covered by the the process, effectively limiting input what they wanted. program. They believe that one way to from the very individuals and groups Finally, one of the facts that gets capture children under CHIP is to offer which would be affected by the waiver. overlooked in these waiver discussions family coverage. I do not agree with In short, to comply with Section 706, a is that we have 41 million uninsured that approach, but I do believe that State could conclude what the effects Americans and states are trying to there should be a debate on the issue. of the waiver would be prior to public cover them. This is really the bottom Before Congress adopts provisions comment, hold two perfunctory public line, here, the states are trying to find which could limit both the Federal and hearings and be done. ways to get some coverage to Ameri- State governments’ ability to adopt in- Officials in my State of Utah, in de- cans who would otherwise have no cov- novative approaches to address the veloping their waiver, did not need the erage. Rather than looking for ways to problem of the uninsured, we ought to Federal Government to come in and inhibit the states from accomplishing have a thorough and comprehensive de- tell them how to reach out to stake- this, we should be making it easier for bate. The Senate Finance Committee holders on this issue. I am informed them. should hold hearings on these impor- that the state held meetings for 10 I look forward to working with my tant waiver issues prior to enacting months prior to getting approval for colleagues on the Finance Committee legislation which could be detrimental their waiver with low-income advo- to accomplishing this important goal. to State flexibility and innovation. I cates, providers, insurance companies, The PRESIDING OFFICER. The Sen- strongly object to including a provision employers and state legislators. The ator from West Virginia. which is opposed by the Secretary of state held a series of work conferences Mr. ROCKEFELLER. Mr. President, I Health and Human Services and the and community meetings on issues as- find myself in total agreement with the National Governors Association in an sociated with Utah’s waiver. The State Senator from Montana, sadly so but attractive package of Medicare reim- had several legislative task force meet- nevertheless very much so. But this bursements and fiscal relief for the ings which were open to the public as situation strikes me as ironic. states. Both HHS and NGA have con- well as several budget hearings, also I support the position of the Senator cerns with this provision because it open to the public. Officials from my from Montana and what he is trying to limits a State’s flexibility to provide State who were overseeing the waiver do with the give-back. The Senator expanded health coverage tailored to process attended monthly meeting of from Maine talked about resolving a the specific needs of its residents. advocate groups and met repeatedly few minor differences, and the Senator I believe that, as drafted, Section 706 with their medical care advisory com- from Montana said they are not minor. would deter a state’s attempt to pro- mittee. They have to do with whether or not a vide health insurance coverage to those Now, it might be that other States State such as West Virginia, which this who are currently uninsured. Addition- contemplating a waiver might not need Senator represents, will have any pre- ally, it is my view that Section 706 such a comprehensive public outreach scription drug benefits at all because would not improve the waiver process, effort. Other states could determine there are no insurance companies that but would actually function as a dis- they should emulate such an approach. have any intention of coming into the incentive for States to undergo an open Is it really the role of the Federal Gov- State of West Virginia and making dialogue with stakeholders as they go ernment to micro-manage this process? those available. through the process of securing a Med- Section 706 would also require states I am not so sure that any would be icaid or CHIP waiver. to file copious records documenting de- willing to go to Maine. I do not think Section 706 would require that 60 tailed descriptions of the public notice they would be willing to go to Mon- days prior to the date that a state sub- and input process; copies of all notices, tana. I do not think they would be will- mits a waiver or amendment applica- dates of meetings and hearings; a sum- ing to go to—well, I don’t know. They tion to the Secretary, the state must mary of the public comments; and, a probably would be willing to go to publish, for written comment, a notice certification that the state complied Florida, probably Nevada a little bit, of the proposed waiver that contains at with any applicable notification re- Michigan a little bit, but Nebraska not least the following: projections regard- quirements with respect to Indian very much; Wisconsin, I do not know. ing the likely effect and impact of the tribes. Basically, all rural States—and 81 proposed waiver on any individuals If we are looking for ways to encour- percent of all counties in the United who are eligible for receiving medical age unwilling states to reach out to the States of America are rural—will be assistance or health benefits coverage. public for input, one of the least effec- shut out by this prescription drug bill In addition, a State must make a state- tive ways to do so, in my opinion, is to which the tripartite approach em- ment regarding the likely effect and require States to jump through a braces. I hope the Presiding Officer

VerDate Mar 15 2010 20:38 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16OC2.REC S16OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 16, 2002 CONGRESSIONAL RECORD — SENATE S10541 does not think for one moment the Ms. COLLINS; the Senator from Ne- The most common strategy that Senator from West Virginia is going to braska, Mr. NELSON; and this Senator States are using to cut costs is to limit contemplate working out a com- put forward a compromise plan, and it their expenditures on prescription promise on the floor of the Senate, got 75 votes. It got half the Senators on drugs by reducing pharmaceutical pay- with only a few days left, when we have the other side of the aisle to vote to ments or making it more difficult for been filibustered on every single thing provide States with $9 billion in assist- doctors and patients to select expen- we have brought up, especially some- ance. That has since been somewhat sive but necessary medicines. Forty thing as complicated as a difference be- cut down in an agreement with the Re- States are trying to cut costs by lim- tween a pharmacy benefit manager and publican leader on the Finance Com- iting their drug expenditures. In Illi- an insurance model. mittee to $5 billion, but that is still nois last month, Medicaid officials There is a lot of educating that has substantial relief—$4 billion in Med- began requiring patients who need the to go on on the Senate floor that has icaid and then $1 billion in Social Secu- popular antidepressant drug Zoloft to taken place in the Finance Committee. rity’s block grant. That is a lot of get tablets that are twice as strong as There was a vote on the floor. The vote money. It will help all States. they need and then break the pills in said one thing and the Senator from Since we passed that amendment by half. I do not know if that makes a Maine says she wants something else. an overwhelming vote, the situation in tragedy, but it sure is a lousy way to I am extremely disappointed we are the States has, in fact, gotten much do business. not able to get the unanimous consent worse. The last time States faced a In a subtler strategy, some States that was sought to proceed to the Ben- budget crisis this bad was in 1983. I are curtailing recent innovations that eficiary Access to Care and Medicare happen to remember that because I was were designed to find more people who Equity Act of 2002. Governor of West Virginia and our un- are eligible for public insurance and I have heard nonstop from those in employment rate was about 21 or 22 then make it easier for them to stay my State concerning the effects of the percent. One does not forget those covered once enrolled. Delaware declining Medicare reimbursement on things quickly. stopped a very good initiative which access to critical care services. The re- At least 46 States struggled to close a had been paid through an outside grant ality is we will also be unable to enact combined budget gap of $37 billion in to publicize Medicaid and the Chil- a Medicare prescription drug benefit the past fiscal year. This year’s gap is dren’s Health Insurance Program and for this year. Why? Because of the huge even wider. This year it is going to be to help clients fill out applications. ideological gap which I have just fin- a combined $58 billion deficit. Most They had to stop that because they had ished describing. States are required by law to balance People can describe it as a minor dif- no money. their budgets, something we did up So the decision being made by Gov- ference. It is the Grand Canyon of dif- until a year and a half ago. Then a va- ernors, legislators, and Medicaid ad- ference, and it is the difference be- riety of things happened, and it is no ministrators underscores the pressure tween whether people from populated, longer balanced. So they are being that States are confronting in a weak- wealthier areas get a prescription drug forced to slash their spending. The ened economy, which I dare say will benefit and everybody else does not. If that is what one wants, fine; but Governors do not want to, but they stay weakened for some time. Their that is not what the Senator from West have to. revenues are plunging. Increases in un- Virginia wants, and it is not what my This year coming up, 18 States are employment and poverty are prompt- people want. It is not what the major- planning to cut families from Medicaid ing more people to sign up for govern- ity of the people in this country want. coverage, and 15 States are eliminating ment help. As a result, States are re- Yes, they want something called a pre- important health care benefits. Twen- versing the trend that lasted nearly a scription drug benefit. But there is a ty-nine States are cutting or freezing decade when they added money and question of saying how do they get it provider payment, further jeopardizing changed rules so the public insurance and who gets it? The mechanism is im- access to health care. As a result, thou- programs could help more Americans portant. sands of Americans, at the least, will who lack health coverage and pay for I want a prescription drug benefit. I join the ranks of the uninsured and more kinds of care. dare say the income of Medicare bene- countless more will find access to need- The fiscal crisis has a direct impact ficiaries in the State of West Virginia ed benefits reduced or eliminated alto- on the families in our States but it also is lower—about $10,800—than the Medi- gether. has a direct impact on local economies. care beneficiaries in the State of In this tough fiscal climate, a new Medicaid is the largest purchase of ma- Maine. survey of Medicaid programs shows an ternity care in the United States of People spend $4,000, $5,000, to $6,000 increasing number of States are drop- America. It pays for half of all nursing out of their pockets on prescription ping certain groups of patients, cur- home care which everybody faces at drugs. Do I want a prescription drug tailing some services, requiring poor some point in their life. benefit? You better believe I do, but I people to help pay for their own care Medicaid provides significant support want one which will actually get to the when they can, limiting access to ex- for local hospitals and for nursing people I represent and which are rep- pensive drugs and then cutting or homes. Providers in some instances are resented across America in rural freezing payments to hospitals, doc- struggling to stay in business, and in States. tors, nursing homes, and other pro- many instances have stopped. Eight We do not have a choice of being able viders of care. Is that kind of impor- out of 10 hospitals in West Virginia are to say let’s do both. We cannot finish tant? You bet your bottom dollar it is. losing money. How long can they con- that debate on this floor. We cannot Fundamental access to health care. tinue in small rural counties? The bot- reach agreement on this floor. Not the In Massachusetts, the legislature had tom line is that means Medicaid plays Senator from Maine, but there are to stop covering about 50,000 unem- a critical role in sustaining local many on the other side of the aisle who ployed adults. In California, children economies as well as people’s lives and do not want to see that happen in some spent longer in foster care because of health care. For every dollar a State respects because they do not want to cuts in adoption services. cuts from Medicaid—and that is what see the Graham-Miller bill pass be- In New Jersey, the working poor will is happening—it loses between $1 and cause that would be deemed a victory lose access to State-funded health care. $3.31 in Federal assistance. That is one for the wrong people, or something like In Louisiana, there will not be future large loss. That loss would have other- that. hospital beds available for low-income wise gone to hospitals, to home health However, one priority that cannot patients. The Kaiser Commission on services, nursing homes, and health wait until next year is providing States Medicaid and the Uninsured, which no- clinics tied into our local economy. with fiscal relief. That would include body disputes, in a new study found For this reason, the legislation intro- the State that the Presiding Officer is that 18 States are planning to tighten duced last week in the Senate to in- from. their eligibility rules in the coming fis- crease payments to providers under On July 25, 75 members—talk about a cal year, compared with 8 States last Medicare, which we just failed to get consensus. The Senator from Maine, year. unanimous consent on, also includes a

VerDate Mar 15 2010 20:38 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16OC2.REC S16OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10542 CONGRESSIONAL RECORD — SENATE October 16, 2002 billion dollars in fiscal relief for lived in America. We thought our lan- We had the last meeting. We were States. In many ways, States are the guage certainly met the conditions for working on five issues: Assets test, largest providers of health care, and ensuring that our Nation’s seniors, re- benefit design, Medicare reforms, con- ensuring their stability is the best way gardless of whether they lived in an sumer protections, and how to design a to maintain access. urban or rural area, would have the viable fallback mechanism, which If Congress does not act to provide a benefit of a prescription drug coverage would take effect in the event of pri- temporary boost to Medicaid funding as designed in our legislation. But we vate plans not entering a particular for States to help them meet their re- were certainly amenable to additional market. Roughly speaking, we were sponsibility to protect the most vul- language, additional protection in the working off the basis of the so-called nerable citizens, and all citizens, since legislation to absolutely guarantee we tripartisan view, but is it not also true a great majority of Medicare citizens would provide seamless coverage in the at that time that was very loose and are vulnerable, the situation will get event that an insurer was not providing there were an awful lot of issues to worse. the options for prescription drug cov- work out? We have made significant progress erage to seniors in a particular area of Ms. SNOWE. I would like—— over the last 10 years in expanding ac- the country for whatever reason. So no Mr. BAUCUS. It was my judgment cess to health insurance. This year, 50 matter what, a senior would have the after that meeting and checking with million Americans are expected to re- benefit of the coverage, regardless of Senators on both sides of the aisle, ceive health insurance through two where they lived, and they would have that discussions were going backwards programs: Medicaid and the Children’s a choice of at least two plans, so we on prescription drugs. I basically made Health Insurance Program which was were more than amenable. We were a decision that Senators were digging started in the Senate Finance Com- amenable even on the price tag. We in so much that they were not going to mittee. These programs provide health were considering language on the acid agree. coverage to more than 10 percent of all test. Ms. SNOWE. I would like to pose a Americans. The chairman did not reconvene question to the Senator from Montana In closing, this coverage is now at meetings after assigning the staff with as to why we didn’t have any addi- risk unless, as the Senator from Mon- the responsibility of drafting the new tional meetings based on your instruc- tana wants, the Congress refuses to legislation. We were never given rea- tions to the staff to work out language act. This is one priority that cannot sons no additional meetings were in the various areas? I didn’t sense wait until next year. We should pass scheduled. there was inability to reach a con- In the meantime, markups were the Senate’s proposal to reduce the sensus. It might well have been, after scheduled in the Finance Committee current law cuts to critical Medicare we considered and pondered the legisla- this fall on various issues, including providers. Even if we fail to do that, we tive language they were drafting, lan- the provider give-back. We said we in- must enact a provision to provide addi- guage over the weekend. We didn’t tend to offer the tripartisan package tional relief to the States that struggle because that had the support of Sen- have the opportunity to talk about to provide our Nation’s people with the those issues. ator GRASSLEY, who worked on it a crucial safety net. Mr. BAUCUS. That is correct. year and a half ago; Senator JEFFORDS I yield the floor. Ms. SNOWE. We didn’t have an op- from Vermont, a member of the com- The PRESIDING OFFICER. The Sen- portunity to talk about the language mittee; Senator BREAUX from Lou- ator from Maine. the staff was instructed to draft in isiana; and myself as a member of the Ms. SNOWE. Mr. President, I respond these three areas. Finance Committee. We would offer to some of the issues raised by the Sen- Mr. BAUCUS. I might ask the ques- that as an amendment and see where ator from Montana, for whom I have a tion—the reason is because I checked the process takes us in Finance Com- great deal of respect. It is important to with Senators who were at that meet- mittee. The markups were canceled. clarify some of the issues suggested by If our bill was not going anyplace, as ing and they said: No, sorry, I am not the Senator regarding the legislation I the chairman suggests, then why were going to agree with that. They are and others have proposed, the the markups canceled? If our bill had going backwards. They were going in tripartisan legislation. no opportunity to go anyplace, why the other direction. They didn’t want The Senator from Montana did sched- were the markups canceled? Is it be- to meet. It is unfortunate, it is so un- ule meetings in his office with Sen- cause these four members of the Fi- fortunate. To be candid, Senator, you ators from both sides of the political nance Committee had at least offered a and I know you and I were the last two aisle, Senators who were very con- basis for a bipartisan—in this case a standing on this issue. Basically you cerned about the legislation. Obvi- tripartisan—comprehensive prescrip- are the last one standing on this issue ously, there were differences among all tion drug package? We did not say it trying to find agreement. the Senators. We were trying to narrow was all or nothing. We did not suggest But it is clear there are not enough the areas of differences. inflexibility or intransigence on our Senators in this body who also want I was surprised by the characteriza- part. We say let’s offer this as a basis agreement at this time. That is why I tion suggested by the Senator with re- for amendment, further consideration, think we cannot let the Medicare pro- spect to those meetings. He had estab- and debate and votes. vider legislation be held hostage to an- lished the agenda. In fact, he asked ev- The same was true in the unanimous other bill which does have an agree- eryone at the meetings, what should be consent request I presented on the ment. the basis for negotiations? What should floor that was ultimately rejected. It It is very unfortunate we could not be the starting point for discussions? It says ‘‘be open to further amendment get agreement. But it is partly because was agreed by those in the room, when and debate.’’ That does not suggest in- the Senate, as well as the House, is he initiated the question, that the flexibility. I didn’t say take tripartisan still a bit too partisan on all matters— tripartisan legislation should be the package or nothing. I am saying the not all matters, but most matters. Par- basis for the discussion and negotia- only way you work things out is being ticularly on this issue, because it gets tion. The staff had been given instruc- able to bring up the bill and offer to a very fundamental question which tions to develop language with respect amendments and debate and vote on this body and the other body will have to the three areas in which we had the amendments and reach a final con- to address, the whole country is going identified to be the major areas in dis- clusion. Now we are talking about to have to address, and that is: What is agreement. July. the future of health care in this coun- One was the assets test, one was the Mr. BAUCUS. To be honest, I think if try? To what degree is it going to be cost, and one was the fallback provi- all Members of the Senate were like privatized, to what degree not? That is sions as to whether or not the provi- the Senator from Maine, we would have a huge question. The prescription drug sion included in the tripartisan pack- an agreement. The Senator well knows benefit debate is really the opening age was in and of itself sufficient to there are a lot of other Senators in this shot of that larger debate. guarantee prescription drug coverage body who were dug in and who very I wish that were not so. I wish we to a senior, regardless of where they much wanted their points of view. could pass the prescription drug benefit

VerDate Mar 15 2010 20:38 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16OC2.REC S16OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 16, 2002 CONGRESSIONAL RECORD — SENATE S10543 quickly this year, but it is the judg- bill that had been offered by Senator standing here today insisting on get- ment of this Senator, and I think it is GRAHAM, in providing an unfunded ting this done if I didn’t think it was the judgment of virtually every other mandate on States. But the fact is, possible. That is because I have had a Senator in this body, that it is not who is to say any legislation is perfect? number of conversations with col- going to happen now. I wish that were We certainly didn’t indicate ours was. leagues on both sides of the aisle, on not true. This is the agreement we had reached. different sides of the issues, different Therefore, I think let discretion be We were prepared to accept amend- philosophies. Many have indicated they the better part of valor and let this ments and to consider different ideas. are prepared to make concessions and Medicare payment bill pass. That is where we were in these meet- develop compromise and consensus on Ms. SNOWE. In response to what the ings that were scheduled by the Sen- this issue to get it done here and now. Senator from Montana indicated, let ator from Montana in his office. I agree with the statement that was me say this. Obviously I am not privy Ultimately, there were not additional made by the Senator from West Vir- to his private conversations, but we meetings, even though the staff had ginia with respect to the provider give- were sitting in those meetings in good been instructed to draft language in back legislation, I think it is necessary faith, and I didn’t hear from anybody the three areas I mentioned originally. for our Nation’s hospitals and home around that table—more than 14 Mem- The fact is, this failure is at whose ex- health care. So is this. They are not bers—who resisted the idea we should pense? It is at our Nation’s seniors’ ex- mutually exclusive. They go hand in not proceed, that we should not work pense. As prescription drug prices go glove for our nation’s seniors. out these areas, that it was impossible. up each and every year by more than 15 I have toured many of the hospitals Maybe in the final analysis, it might percent, it is 21⁄2 times faster than the in my State. have been impossible, but that cer- cost of additional health care compo- I have heard firsthand from seniors tainly was not the expression of the nents. By 2011, the prescription drug in my State about the plight of some sentiment in that meeting during that spending is expected to be 15 percent of who have gone without prescription course of time. The fact is quite the all health care spending in America. drug coverage. contrary. I think most of the Sen- Rising prescription drug costs have I was told a story about a man who ators—as I said, it was equally divided made prescription drug coverage for had diabetes and was supposed to take between Republicans and Democrats, Medicare beneficiaries less available his medication and couldn’t take his including Senator JEFFORDS from and more expensive. We have seen em- medication. He knew what that would Vermont. There was an indication of ployer-sponsored retiree health plans lead to. He didn’t have prescription strong interest to proceed to try to see provide 28 percent of Medicare bene- drug coverage. So he was unable to if we could work through and resolve ficiaries with prescription drug cov- take the medication prescribed by his the identified areas in disagreement. erage, more than any other source. It doctor after he was released from the Those are the ones I mentioned pre- is a major source of prescription drug hospital. He had diabetes which ulti- viously. coverage for our Nation’s seniors. mately led to amputation and ulti- So I didn’t hear any indication there Now what are we finding? Far fewer mately to his death. was a ‘‘can’t do’’ attitude. In fact, just employers are offering coverage to Those are the kinds of tragic stories the contrary. They were suggesting we their employees. Those employers who we hear over and over again. Those are could proceed and instructed the staff continue to do so are requiring seniors choices our seniors shouldn’t have to to work over the weekend on those var- to pick up a larger share of the costs. make. ious areas. That is what we are talking about. The We have the time. We have the time Suffice it to say we didn’t have the proportion of larger employers offering to do what is right. process in the committee to work these retiree health benefits dropped from 31 Mr. KYL. Mr. President, I rise in sup- through. Obviously, for whatever rea- percent to 23 percent between the years port of S. 3018, the Beneficiary Access sons, it did not work out as a result of 1997 to 2001. Those who were requiring to Care and Medicare Equity Act, those negotiations. But they were, I Medicare-eligible retirees to pay the which was recently introduced by the think, very close. I think we were very full cost of their coverage rose from 27 Chairman and Ranking member of the close. percent to 31 percent. I know if those individuals sitting Those are not my figures. Those are Finance Committee. around the table had agreed in these the figures that have been given by the This act would provide more than $40 areas, we certainly could have over- GAO, that have been certified. Cer- billion over the next 10 years to im- come any political obstacles and im- tainly I think they underscore the prove benefits for Medicare bene- pediments here in the Chamber because costs of prescription drugs to our Na- ficiaries, guarantee that Medicare I think there is virtually unanimous tion’s seniors and, I think, the chal- beneficiaries continue to receive the desire to get something done on behalf lenges we face in this country if we fail high quality health care they deserve, of our Nation’s seniors. to address this most serious problem. and increase reimbursements to Medi- I cannot imagine anybody here in the As AARP indicated in its own letter, care providers. Senate would want to tell their seniors the costs of prescription drugs are I would prefer that we address these that somehow it could not be done. We going up, as was said, more than 15 per- issues as part of comprehensive Medi- are elected to get things done. We are cent on an annual basis. These added care reform, reform that includes a responsible for ensuring this institu- costs to beneficiaries, as we have seen, new prescription-drug benefit. Unfortu- tion functions in a way that does dig- because the Medicare provider give- nately, the process the Majority Lead- nity to the process. Unfortunately, I back is going to increase part B pre- er used to bring a prescription drug think in this instance we failed. miums. There is no question about benefit to the Senate floor guaranteed I happen to believe on the Medicare that. So that is going to raise the pre- its defeat, and no drug proposal put provider give-back, if we were somehow mium $6 billion in the first 5 years forward won the 60 votes necessary for to be able to resolve those differences alone. These added costs, as they said passage. While the Senate was unable behind closed doors, without a markup in their letter recently, come in addi- to pass a prescription drug bill, we still and on the floor, then clearly we tion to double-digit hikes in prescrip- have an opportunity to address other should be able to do what has been tion drug costs for older and disabled critical Medicare issues. deemed to be the impossible—the im- Americans, many of whom have little And it is critical. In 1997, Congress possible in this institution—in advanc- or no options for drug coverage. passed the Balanced Budget Act. This ing this legislation in the interests of Employers continue to reduce or act made significant cuts in Medicare our Nation’s seniors. In fact, we invited eliminate health care coverage. provider reimbursements and imple- the AARP to be part of our negotia- Medigap premiums continue to rise. mented new payment systems. In many tions this fall to talk about some of the And now, nine more Medicare+Choice cases, these cuts made sense. However, issues. plans are pulling out of Medicare. in some cases they went too far. More- Yes, they had concerns with the So, you see, we do have an obligation over, the process of implementing tripartisan bill, as they did with the to do what is right. I would not be these new payment systems for home

VerDate Mar 15 2010 20:38 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16OC2.REC S16OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10544 CONGRESSIONAL RECORD — SENATE October 16, 2002 health care, hospital outpatient serv- skilled nursing facilities. S. 3018 would point increase in their Federal Medical ices and skilled nursing-facility serv- also provide both urban and rural hos- Assistance Percentage, FMAP, pay- ices has not been a smooth one. pitals with increases in reimburse- ments, the amount that the Federal One key area where we see this is in ments. It has many provisions to help Government supplements States’ Med- payments to physicians. Physicians are alleviate the reimbursement dif- icaid spending. reimbursed for providing services to ferences between rural and urban hos- Under FMAP, Medicaid funds are dis- Medicare beneficiaries under a fee pitals. Of particular note, S. 3018 con- tributed to States based upon a for- schedule. The fee schedule is updated tains a technical change that will mula designed to provide a higher Fed- annually under a very complex for- allow publicly-funded safety net hos- eral matching percentage to those mula. The formula considers the sus- pitals to negotiate for lower drug States with lower relative per capita tainable growth rate which is based on prices. These hospitals bear a dis- income, and a lower Federal matching four factors: the estimated changes in proportionate burden in caring for the percentage to those States with higher fees; the estimated changes in the aver- uninsured in our country; allowing per capita income. This formula, al- age number of Medicare Part B enroll- them to negotiate lower prices will though not perfect, is justified because ees, not including Medicare+Choice save them millions of dollars. States cannot manipulate it for their beneficiaries; estimated projected Another provision of note is section own gain; the data are periodically growth in real gross domestic product 805, which would provide $48 million published and can be estimated with growth per capita; and estimated annually for two years to States and reasonable accuracy. Additionally, the change in expenditures due to changes other providers that offer federally-re- use of per capita income is a proxy for in law or regulations. quired emergency medical treatment state-tax capacity which, in turn, re- On November 1, 2001, the Center for to illegal aliens. A congressionally- lates to a State’s ability to pay for Medicare and Medicaid Services (CMS) commissioned study by the U.S.-Mex- medical services for needy people. To announced that the annual update of ico Border Counties Coalition esti- put it simply: poorer States get more the fee schedule in 2002 would result in mates that the 24 counties along the help than wealthier States. a 5.4 percent reduction in reimburse- southwest border incur uncompensated Unfortunately, S. 3018 ignores the ments. A number of factors led to this costs of over $200 million per year in Medicaid formula and gives each State decline, including the adjustment by connection with the provision of emer- a 1.3 percent point increase. Under this the sustainable growth rate. But the gency health treatment to undocu- section, States that have been deter- sustainable growth rate is flawed be- mented aliens. The non-border counties mined by the Medicaid formula to re- cause of mistakes made by CMS. In the in southwest States, and other states, ceive the lowest FMAP of 50 percent re- late 1990’s, CMS overestimated the including New York, Florida, Illinois, ceive the greatest percentage increase number of Medicare beneficiaries in New Jersey, Massachusetts, Wash- in FMAP. States with the highest the Medicare+Choice program and un- ington, Colorado, and Maryland, also FMAP receive the lowest percentage derestimated gross domestic product incur tremendous costs. The entire increase. This is the exact opposite of growth. These errors resulted in reim- state of Arizona, for example, incurs how the funds should be allocated. The bursements greater than what they unreimbursed costs of approximately Medicaid formula, whatever its faults, should been if CMS had not made them. $100 million per year to provide such does indicate a relative sense of need. As more accurate data came about treatment. It would be wrong to give the least CMS has corrected its previous errors. These southwest States and counties, needy States the largest percentage in- This correction has partially led to the many of which have very small tax crease. ¥5.4 percent update this year. Addi- bases and small annual budgets, and Even though I have concerns about tionally, physicians are looking at fu- other States should not be forced to how funds are distributed under this ture payment cuts next year and the bear the responsibility of providing section, I urge my colleagues to sup- two years following that. Overall, phy- emergency health treatment to un- port S. 3018. It is vitally important sicians could see a 17 percent reduction documented aliens. These unreim- that Congress enact changes to Medi- in reimbursements from Medicare over bursed costs have helped put Arizona’s care payment policies before we ad- these four years. and other States’ affected hospitals in journ. I also support the passage of a The key concern, of course, is really a state of dire fiscal emergency. Many Medicare prescription-drug benefit, not so much Medicare reimbursements hospitals have closed, or are in danger preferably the tripartisan moderniza- for physicians, but Medicare bene- of closing, their emergency rooms ei- tion proposal; but we should not allow ficiaries’ access to medical care. There ther temporarily or permanently. our inability to reach a consensus on is increasing evidence that doctors are The Balanced Budget Act of 1997 pro- that matter to stop us from making not taking new Medicare beneficiaries, vided funding to states to help defray the appropriate changes to Medicare’s are retiring early or accepting admin- some of these uncompensated costs; payment policies. Medicare bene- istrative positions. According to a re- however, this provision expired at the ficiaries need guaranteed access to port in the March 12, 2002 edition of the end of fiscal year 2001. Section 805 high quality care, and S. 3018 is a New York Times, 17 percent of family would specifically extend and refine means to that end. doctors are no longer taking new Medi- the Balanced Budget Amendment Act Mr. JEFFORDS. Mr. President, I care patients. The Beneficiary Access of 1997 to provide $32 million in each of first want to salute the Senator from to Care and Medicare Equity Act would fiscal year 2003 and fiscal year 2004 to Montana, Mr. BAUCUS, as well as my increase reimbursements to physicians the 17 States with the highest number good friend and colleague, Senator over the next three years, and, in turn, of undocumented aliens, as defined by GRASSLEY, for their bipartisan effort help stem the tide of doctors refusing the U.S. Department of Justice. Addi- and leadership in crafting S. 3018, the to treat new Medicare patients. tionally, in fiscal year 2003 and fiscal Beneficiary Access to Care and Medi- Of course, physicians are not the year 2004, $16 million would also be al- care Equity Act of 2002. only health-care providers that this lotted to the six highest undocumented As the chairman and the ranking legislation would help. The legislation alien apprehension States, as defined member of the Senate Finance Com- would eliminate a 15 percent reduction by the U.S. Department of Justice. mittee, they have worked long and in home health-care reimbursements Forty-eight million dollars per year hard on legislation that is critically mandated by the Balanced Budget Act is just a fraction of the unreimbursed important to the future of health care of 1997. As it turns out, the Balanced costs that the States incur each year, for our citizens that rely on Medicare. Budget Act’s original change in the but this funding will at least begin to I am proud to be a cosponsor of S. 3018, payment system for home health care defray some of the costs. and I urge all of our colleagues to sup- services helped save money. But it is Although, I strongly support most of port its passage as soon as possible. no longer necessary to implement the the provisions contained in S. 3018, I do In the closing days of the 107th Con- 15 percent cut. Additionally, this legis- have concerns about others. For in- gress, there will be many bills that on lation would help smooth out the tran- stance, section 707 of S. 3018 provides their way to consideration and passage sition to a new payment system for States with a temporary 1.3 percent will enjoy the unanimous consent of

VerDate Mar 15 2010 20:38 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16OC2.REC S16OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 16, 2002 CONGRESSIONAL RECORD — SENATE S10545 the Senators. There are few of these told me they planned to offer this ben- patient per day next year, for a total of many bills more worthy of our consid- efit anywhere, let alone in the State of $10 million. There are just some that eration and unanimous consent than Nebraska. aren’t going to make it. They are going this measure. There were a lot of reasons why that to be in small communities that will be Vermont, like so many of our States, particular bill didn’t make it. There left out when it comes to skilled nurs- has a healthcare system that is facing were reasons why the other two bills ing facilities. reductions in levels of Medicare reim- didn’t make it. When it comes to State fiscal relief, bursement that are untenable. In some I would like to have us pass a pre- my colleague from West Virginia and cases, these reductions took effect on scription drug benefit before we leave, I—both former Governors from our October 1 and others will occur at the but I don’t want to do it at the expense States—know very well what the im- end of this month. The cuts have al- of this legislation that is so necessary. pact is going to be on the States of Ne- ready led to fewer physicians and serv- When I go back, if we don’t pass it braska and West Virginia, as well as ices being available to care for our el- because we try to pass a prescription the rest of the States. Forty-nine out ders. drug benefit that causes the failure of of 50 States must balance their budgets The list of cuts and reductions is this legislation which I am going to de- by law. long. Physicians and other healthcare scribe in a minute, I will have to face It is no secret the economy is hurt- professionals, home health agencies, George and Lee. Not only will they tell ing. States are facing a number of dif- critical access hospitals, skilled nurs- me we didn’t get a prescription drug ficult decisions as a result of that. ing facilities, sole community hos- benefit, but their physician Medicare When States have to make budget cuts, pitals, and others are being affected. rates are down and their doctor doesn’t let me assure you it affects real people. And make no mistake, these cuts want to provide the care for them any- There may be line items in a budget, translate as cuts in access to more. Or I have to go back and find out but there are faces associated in every healthcare for our elders. the skilled nursing facilities are not case. But it is not too late. We can pass going to be funded or the State fiscal In a special session in Nebraska in this legislation, engage in a conference relief that Senators ROCKEFELLER and August, the legislature made some with our colleagues in the other cham- COLLINS and I worked so hard to get drastic cuts. It wasn’t pretty. Thirteen ber, and have a bill for the President to through is now cut back from $9 billion thousand kids were cut from Medicaid. sign before the end of this Congress. to $5 billion and that is not going to be That is why we have been working so Once again, I want to commend Sen- available to the State. closely, Senators ROCKEFELLER, COL- ator BAUCUS and Senator GRASSLEY for I agree with the passion of the Sen- LINS, and I, to pass State fiscal relief, their work on this bill and for this ator from Maine and her concern about which is part of this legislation. Sev- chance to speak to its merits today. It the fact we didn’t get a prescription enty-five of our Senate colleagues is needed legislation, it is balanced, drug benefit done yet this session. But agreed with us when they supported and it is well crafted. Our elders need it I don’t agree we ought to pull this leg- our amendment in July. Senators BAU- passed. Our providers need it passed. islation which is before us back into CUS and GRASSLEY have included State Children depending on SCHIP need it committee so they can attach to it a fiscal relief in this very important pro- passed, and our States need it passed. bill that failed, only got 48 votes, and vider package, and it is extremely im- We should not let this opportunity to portant to the people in the State of enact this legislation go by, and so I which I don’t think will work. I think Nebraska and the States of every one urge our colleagues to support its pas- we have to separate these two issues— of our colleagues here in the Senate. sage. and they have been separated. Also I want to commend the Senator Let us talk about the bill that is now If I were one of my residents of Ne- from Maine for her statement with before us, the Baucus-Grassley bill, a braska, or one of my constituents which I agree and commend her. bipartisan effort. The ranking Member watching or listening to the debate The PRESIDING OFFICER. The Sen- from Iowa is pushing to have this con- today and heard about unanimous con- ator from Nebraska. sidered on the floor rather than to go sent requests, objections, sending this Mr. NELSON of Nebraska. Mr. Presi- back and be delayed in committee. back to committee for further consid- dent, the Senator from Maine has told Under current law, Medicare’s physi- eration, trying to deal with what clo- us what the Baucus-Grassley unani- cian payment rates are projected to ture is, how many times, what person mous consent request to move the leg- fall by 12 percent over the next 3 years. did what, and how many of us are all islation forward won’t do, what it has In Nebraska, physicians’ losses due to interested in making sure we get not been said is included, what has not the 2003–2005 cuts will total about $63 only this legislation through but also a been included in it, and, therefore, as a million or $17,230 per physician. This prescription drug benefit, they have to result it shouldn’t be considered at this comes on top of a 5.4 percent payment be confused. point. cut which cost Nebraska doctors a Their only question is, Why don’t you I will concede the point to my friend total of $12.9 million or about $3,875 per just get this legislation done and work from Maine that it is a tremendous physician in 2002. also on a prescription drug benefit? shame we didn’t somehow pass a pre- An AMA survey conducted earlier What has one got to do with the other? scription drug benefit for our seniors. I this year found that one in four physi- Don’t, for heaven’s sake, deny us our have worked with her. We even shared cians either has restricted or plans to prescription drug benefit because you an amendment on the Patients’ Bill of restrict the number or type of Medi- can’t get it through, and at the same Rights. I know of her passion for care patients treated. One in three has time now come along and make sure health care and for the benefits for our stopped or intends to stop delivering our doctors aren’t going to get reim- seniors. I share those values, and I certain services to Medicare bene- bursed enough, or our skilled nursing share the concern we all have today ev- ficiaries. homes aren’t going to have enough erywhere that we don’t have a prescrip- Additional payment cuts of an extra money, and our States are going to tion drug benefit for our seniors. year will only exacerbate these prob- continue to cut back on Medicaid bene- I have to go back to Omaha and face lems and cause significant access prob- fits. Separate the two issues and get George and Lee, who have spent so lems in the State of Nebraska—a State them done. much time telling me about the impor- that is already challenged geographi- Three tries, and I don’t think we are tance of having a prescription drug cally to be able to provide access to our out. That is true in baseball. I don’t benefit. But you know we had three residents. think it is true here. I think we can shots at it this session. One was it was Let us talk for just a moment about dust off one of these versions and make too expensive, one was it didn’t provide skilled nursing facilities and what will it work well. enough benefits, and the one my friend happen there. I have met with Senator SNOWE on a from Maine supported—the insurance Our skilled nursing facilities are also prescription drug benefit. I have met model—failed by getting only 48 votes. in jeopardy. If action isn’t taken and if with everybody I can in the interest of But I come from an insurance State. this legislation does not pass, then Ne- finding a prescription drug benefit. I And not one insurer that I spoke to braska’s facilities will lose $28.48 per know it is possible. I also know it is

VerDate Mar 15 2010 20:38 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16OC2.REC S16OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10546 CONGRESSIONAL RECORD — SENATE October 16, 2002 difficult. But I think it is extremely I am very pleased my friend from In 1891, therefore, Congress banned important for us to first fulfill our ob- Minnesota is in the Chair because he is what is called ‘‘dual compensation’’ for ligations with the Baucus-Grassley ef- on the Armed Services Committee, and past or active service and disability fort. Let us let this come to a vote. Let so it makes me very happy to be able compensation. So that is history, 1891. us stop the objections. Let us withdraw to present this argument to him. That legislation accomplished its the objection from the other side. Let We are all very familiar with this goal. Service members can no longer us get a vote. Then let us see if a bunch practice of requiring military retirees receive retirement or full disability of us can come back together—and we to choose between military pay for re- compensation while on active duty. should—and get a prescription drug tirement and disability benefits. There However, the Congress of 1981 painted benefit. is a history of this which I will get with too broad a stroke. Retirement But, for heaven’s sake, even in the into. The money comes from the De- and compensation are and have always greatest and most sincere effort in the partment of Veterans Affairs, but it is been intended to compensate very dif- world, we should not think about one a very sad state of affairs that we have ferent purposes. One is called retire- bill here because we are trying to save come into. ment; the other is called a disability. another, when we know very well it is This is a practice that my friend, Bill They are totally unconnected. not going to work. We have not run out Stubblefield, of Martinsburg, which is a This is a very important issue to vet- of time. We can do this. We should bi- large town in West Virginia, who erans in this Senator’s State and to furcate them. We should separate serves on the board of directors of the veterans throughout the country. In them, get the Baucus-Grassley bill Retired Officers Association, told me fact, I would say to the Presiding Offi- done, withdraw the amendment, and ‘‘is patently unfair when a serviceman cer, there is no single subject on which let us work on a prescription drug ben- or woman, who has devoted 20 plus this Senator gets more mail and more efit so I can go home and I can talk to years of their life in service to this telephone calls and more conversations Lee and George and tell them some- country—suffering physically as a con- when in my State than on this subject thing more than: Well, we tried. sequence—has to be penalized by hav- of concurrent receipt. It is an over- I sure don’t want to have to go back ing their VA disability offset by their whelmingly emotional and powerful ar- and say: Well, we didn’t get anything retirement pay.’’ gument of anger and disgust and frus- on prescription drugs. But that isn’t It is a huge subject. We have been tration on the part of the veterans of where the bad news ends. There is fighting for years to eliminate this in- this country. worse news. We also didn’t get the justice. While the Senate, under the Veterans such as Hugh Weeks of give-back bill through, and that means leadership of Senator HARRY REID of Beckley, WV, a veteran of World War if you have to go to a nursing home, Nevada, has passed such a provision II, Korea, and Vietnam—that’s not there may not be one. Your doctor may several times, this is the first time we bad—a career military man, writes to decide he is not going to treat you be- have something to offer that approxi- tell me that while their military ca- cause he has had a reimbursement mates the Senate’s efforts in dealing reers placed hardships on them and dropped or if, heaven forbid, they have with the House, which is now a prob- their families, they never stopped serv- to go on Medicaid, there will not be lem. ing during those hardships. Hugh wrote any benefits to provide for seniors as Money has been set aside in the to me: ‘‘Now is the time for the govern- well. deeming resolution to fund some ment to stop discriminating against I don’t want to have to tell the chil- version of concurrent receipt. us.’’ dren of Nebraska there are further cuts Now we learn that the Bush adminis- In yet another disturbing setback for coming because we could not get the tration is threatening to veto—they retiree veterans, the House of Rep- State relief, the FMAP, as it is called, have said the President will veto—the resentatives Appropriations Com- back to the States to take care of the Department of Defense authorization mittee, last week, reported out a VA– short budgets so that people are not bill. I think the enormity of that is HUD appropriations bill for fiscal year going to be further disadvantaged by $347 billion, something of that sort. 2003 spending. This bill contains a pro- these unfortunate economic conditions They said the President will veto the vision that would prohibit specifically in these times. I agree with my friend from West entire bill because officials in this ad- VA from using any staffing funds to ad- Virginia, there is more passion in this ministration oppose concurrent receipt judicate claims for VA service-con- Senate body to pass a prescription drug for service members who are retired nected disability benefits that would benefit than you can imagine. The from the Armed Forces with a service- result in concurrent receipt. problem is very simple. We just cannot connected disability. Mr. President, I ask unanimous con- agree on how to do it. It cannot cost A disability is a very special condi- sent that the applicable text of the bill too much, the benefits cannot be too tion. Frankly, I find this opposition and committee report be printed in the little, and we cannot pass something highly objectionable. I find it shock- RECORD. that will not work. ing. It wholly disregards the enormous There being no objection, the mate- I think we have the collective wis- dedication and sacrifice of our men and rial was ordered to be printed in the dom to find a way to do it, but it is women in uniform, and it labels their RECORD, as follows: going to require the collective will to claim to compensation earned in serv- H.R. 5605—DEPARTMENTS OF VETERANS AF- do it. But this mechanism is not the ice to this Nation as ‘‘double-dipping,’’ FAIRS AND HOUSING AND URBAN DEVELOP- mechanism on which to do it. And let’s which is a slam and a putdown. It is MENT, AND INDEPENDENT AGENCIES APPRO- PRIATIONS ACT, 2003 not sink it trying to do something something you say in sort of contemp- noble for those who are the most vul- tuous terms. SEC. 114. (a) No appropriations in this Act for the Department of Veterans Affairs shall nerable among us, our seniors. I think When did this become double-dip- ping? More than 100 years ago, Con- be available for the adjudication of any they can understand why we do not claim for disability compensation filed after want to sink one trying to do the gress examined the military pensions the date of the enactment of a new concur- other. of veterans of the Mexican-American rent receipt law by a veteran who is entitled Mr. President, I yield the floor. war. At that time, Congress found the to retired or retainer pay based upon service The PRESIDING OFFICER (Mr. DAY- retired service members who returned in the uniformed services if the Secretary TON). The Senator from West Virginia. to active duty could draw active duty, determines that, if compensation under the f retirement, and disability pay. So life claim is awarded to the claimant, the vet- was good and right and fair. eran will, by reason of the new concurrent CONCURRENT RECEIPT During debate, the late Senator receipt law, be entitled to payment of both compensation under the claim and some Mr. ROCKEFELLER. Mr. President, I Francis Marion Cockrell, who, I con- rise at this point on a different subject, amount of such retired pay determined with- fess, is unknown to me, argued that: out regard to the provisions of sections 5304 with the tolerance and forgiveness of [T]he salary we pay the officers of the and 5305 of title 38, United States Code. the Senator from Louisiana, to discuss Army is intended to be in full for all mili- (b) For purposes of subsection (a), the term a different problem, concurrent re- tary services. We allow longevity pay . . . in ‘new concurrent receipt law’ means a provi- ceipt. lieu of pension and everything else. sion of law enacted after October 1, 2002, that

VerDate Mar 15 2010 20:38 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16OC2.REC S16OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 16, 2002 CONGRESSIONAL RECORD — SENATE S10547 provides that certain veterans are entitled to My shock over these provisions and I was so proud of the chairman of the be paid both veterans’ disability compensa- the rationale given for them is not that Armed Services Committee; when he tion and military retired pay (in whole or in of the chair, which I am, of an author- found out that was the position, he part) without regard to sections 5304 and 5305 izing committee seeing its role usurped of title 38, United States Code. said: Nothing doing. We are not agree- by appropriators. One gets accustomed ing to the White House’s position. We DEPARTMENTS OF VETERANS AFFAIRS AND to that. No one is more concerned are going to stand up. The Senate is HOUSING AND URBAN DEVELOPMENT, AND about the way the Veterans’ Adminis- going to stand up for concurrent re- INDEPENDENT AGENCIES APPROPRIATIONS tration adjudicates claims than I am. ceipt. BILL, 2003 As chairman of the Veterans’ Affairs I thank the Senator from West Vir- Section 114 prohibits VBA funds from being Committee, I have been working on ginia. I wanted to bring him that late- used to adjudicate claims arising from any this issue for a very long time. I am breaking news. new concurrent receipt legislation. The De- troubled not only about the length of I also want to put very clearly where partment of Veterans Affairs estimates that enacting concurrent receipt of compensation time the Veterans’ Administration the responsibility is because the vet- benefits and military retirement pay would takes but the quality of the decision- erans of this country don’t know that result in estimated mandatory costs to VA making in that process. they are going to be denied concurrent of approximately $16,000,000,000 over ten We can quibble over the number of receipt because of instructions from years, as well as administrative costs of claims that might arise if concurrent the White House staff and President $124,000,000 in the first year and $245,000,000 receipt passes and how much they Bush. over a five year period. These estimates do might add to VA’s already shocking The PRESIDING OFFICER. The Sen- not include the additional costs to the De- backlog. That is why we must support, ator from Louisiana. partment of Defense. The Department esti- therefore, a sufficient appropriation to Ms. LANDRIEU. Mr. President, I rise mates the concurrent receipt claims work- load would add more than 800,000 claims over process and pay for these claims. to add my words on this issue and also the next three years. VA has been working None of these concerns aforemen- to thank the Senator from West Vir- diligently over the years to reduce the tioned by me justify prohibiting bene- ginia for his comments, as well as the claims backlog and adjudication time. As of fits to eligible veterans and their fami- Senator from Florida. The Senator August, VA adjudicated almost 730,000 lies, benefits they have earned through from West Virginia is absolutely cor- claims in fiscal year 2002 and still has a cur- their service to this country. Nothing rect; this is a very important issue to rent workload of over 355,000 claims with a justifies that. Americans generally, particularly in lag time of 225 days. Regardless of the policy It can be straightened out in this the context in which we find ourselves, surrounding concurrent receipt, the Com- body. It is time for us as a nation to mittee is concerned that the deluge of new getting ready to perhaps fight yet an- concurrent receipt claims will paralyze the step up and do the right thing. Other- other war and honing our designs on system and those veterans who have been wise, how can we face Hugh Weeks, the homeland security, but particularly to waiting for years to get a determination will aforementioned veteran from Beckley, the veterans and their families that are never see the benefit. The Committee directs WV, and all of the disabled retirees affected. the Administration to budget appropriate who stand with him. When will it be Unfortunately, the President has VA funding for both mandatory and adminis- time to stop discriminating against trative costs should such new concurrent re- stated he will, in fact, veto the Defense those who continue to serve after they bill over this issue. I urge him—and I ceipt legislation be enacted. have suffered disabling injuries or ill- Mr. ROCKEFELLER. Mr. President, am sure many of my colleagues on both nesses? I hope that time is now. sides of the aisle do as well—to recon- if this provision becomes law, no serv- Mr. NELSON of Florida. Will the ice member who retires next year and sider. While there is a cost associated Senator yield? with this, clearly it is an injustice that is disabled because of service will be Mr. ROCKEFELLER. I am glad to. found service connected by VA. No cur- Mr. NELSON of Florida. I just want should be corrected. rent retiree who has yet to file a claim to thank the Senator from West Vir- A veteran, a person who has put their with VA but is disabled because of ginia for his insight and leadership and life on the line, particularly in recent service will be service connected by the for educating me, a Senator from Flor- years, been called up again and again Veterans’ Administration. No retiree ida, from his position as chairman of and again into active reserves and also who is already service connected, the Veterans’ Affairs Committee. reservists have been called up, to have whose condition worsens, will receive a I wanted to bring to the Senator a person injured or disabled and then service-connected rating increase. No some late-breaking news. We have just to serve out their 20 years, only to widow of a retiree who died of a dis- had a conference committee meeting of come to the realization that they can ability related to service will be able to the Armed Services Committee in receive their retirement but they can’t receive VA service-connected death which we are trying to get final resolu- receive their full disability is a very benefits if she receives Department of tion on the DOD authorization bill. unfair situation, something for which Defense survivor benefits. The House conferees refused to show up our veterans most certainly deserve It is discrimination. It is wrong. If with the Senate conferees to hammer our better attention. followed to its logical conclusion, none out the final version because of a dis- As we allocate our resources to of the benefits that flow from service- pute over concurrent receipt. But it is strengthen our military, not only do connected disability status will be not a dispute from the entire member- we need smarter weapons, but we need given to otherwise completely eligible ship of the House of Representatives. to keep our promises to our men and individuals. These important benefits In fact, they had a motion to instruct women in uniform. We need to keep our include free health care and, most im- conferees to accept the Senate’s posi- promises about health care—you take portantly, obviously, long-term care, tion, as articulated by the Senator care of us now, we will take care of you vocational rehabilitation and certain from West Virginia on concurrent re- in your senior years. We are doing a life or homeowner’s insurance, health ceipt; in other words, that if you have better job of that by stepping up with care, education, and home loan eligi- a military retirement, you ought to the TRICARE and health benefits. But bility for surviving spouses and chil- have that, and it should not be offset this concurrent receipt issue is where dren. by what you are also entitled to if you the rubber hits the road and trying to Our House colleagues have justified are a disabled veteran who is entitled get some sort of commitment to help- this action, so to speak, this policy to disability benefits. ing our veterans who are disabled on choice, by pointing to the cost to the Despite the fact that the House the battlefield or injured on the battle- Federal Government of paying for ben- passed a motion to instruct conferees, field, that disability then is subsequent efits that rightfully accrue to veterans 400 to 0, to accept the Senate position— to that injury, to allow them and their who devoted a lifetime of service to in other words, to accept concurrent families to take the full benefit of this country. The House Appropria- receipt—and give these disabled vet- their retirement as well as their dis- tions Committee also warned of a po- erans what they are entitled to, the ability seems to me in the scheme of tential flood of new claims that might White House sends a message to the what we have been talking about: In- be filed if concurrent receipt passes, in- House of Representatives leadership vesting in our military, trying to keep creasing delays in processing. and says: Don’t agree with the Senate. up their morale, keep up our promises,

VerDate Mar 15 2010 20:38 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16OC2.REC S16OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10548 CONGRESSIONAL RECORD — SENATE October 16, 2002 and live up to our promises to our men he is familiar with all of our row crops, tax credit for employers who volun- and women in uniform as to what we cattle, and other aquaculture and agri- tarily—because it is not mandatory— should be doing. cultural commodities. pay their reservists and maintain their I am hopeful this situation will re- He is a strong and effective advocate salary level when they are called up to solve itself to the benefit of veterans. I, of energy policy for the Nation, and his represent us, to fight for us, to stand in for one, am prepared to stay here and voice has been one that has brought us harm’s way, to preserve our freedom, work toward that end. to the center, with a balanced approach whether it be in Afghanistan, Bosnia, f on our energy policy. In addition, on or Iraq, or anyplace our flag needs to our health care industry and issues, he continue to wave. TRIBUTE TO SENATOR JOHN has been particularly noted as a leader. Mr. President, as you might know— BREAUX As a member of the Finance Com- and I am certain most people in Amer- Ms. LANDRIEU. Mr. President, I rise mittee, there is not an important com- ica don’t realize—when our reservists to address a subject on which there is promise that is developed on that com- are called up, their salary is cut. When no disagreement. The President would mittee—or outside of that Committee, our reservists are called up to defend agree, as would Senate Democrats and for that matter—that he is not part us—because the President, our Com- Republicans and many Members of and parcel of, which is a great strength mander in Chief, and this Congress Congress; that is, to congratulate the as a Senator, particularly in these have authorized us to call on them, to senior Senator from Louisiana, JOHN times when our parties seem to have a call on their lives, their health, and BREAUX, on 30 years of service in the hard time coming together and finding strength to defend us—they, in most Congress. middle ground and working out a com- instances, take a pay cut. Why? Be- cause their salaries are generally high- We celebrated that momentous anni- promise. Senator BREAUX brings so er in the civilian sector than we are versary this past Saturday. He re- much effort in that regard and so much able to compensate them. ceived, of course, many well wishes help. No soldier works for a paycheck, I re- from his many friends and supporters To mention a few things—and after alize that. If they did, we would not in Louisiana and around the Nation. his 30 years, I could stay here all night have any soldiers, because their pay- I know his family is very proud. I and I could talk for hours. I will high- checks are not what they need to be. want to say for a minute how proud I light a few of the things that would not They are patriotic and they believe in am of his service to our State of Lou- have passed without his able help and isiana. Thirty years ago, Senator JOHN our Nation and they want to do their assistance: the Welfare Reform Act, part. For that, they should be com- BREAUX, then a Congressman, came to many health insurance reform bills, Washington as a young lawyer from a mended. the balanced budget amendment, and This Reservists and Guard Protection small town, the city of Crowley. He tax cut packages that have passed was elected to the House of Represent- Act gives their employers, if they vol- here. He chaired the Special Com- untarily keep their salaries at the level atives at a very young age. In fact, mittee on Aging and to that committee when he got here, he was the youngest they were before they were called up to has brought a tremendous amount of serve, a 50 percent tax credit. So it Member of Congress. He has served our passion on the issues of Social Security helps the employer, who also is making State admirably ever since. Now he is and Medicare, which have served this a sacrifice, might I say, in the new sys- in his third term in the U.S. Senate, Nation well. tem we have on relying more on reserv- and I have every hope he will run again I will conclude by saying we have all ists and guardsmen. The employers and have no doubt he will be reelected. been blessed by his leadership and his themselves are, of course, by law man- JOHN likes to say he started cam- talent. He has used it to help Louisiana dated to keep that job open so when paigning in nursery school. Those of us to grow and expand economically. Mr. the Reservists come back, they have a who know him well would almost be- President, he has had a tremendous im- job. They are not mandated—and lieve that. That is probably no stretch. pact on the Nation at large. He has should not be—to pick up the tab for He said he was going to city council fought for businesses, schools, workers, their salary, but we can help, and the meetings with his grandfather when he students, and opportunities for all. He cost is really minimal compared to the was 7 years old. In high school he was is a founder of the DLC, of the new benefits that would result. a popular athlete who played hard but Democratic Network. In addition, this bill also would man- was always fair to his teammates as I could not have a better partner in date the Federal Government would well as his opponents. He learned the the U.S. Senate than JOHN BREAUX. He maintain, for those reservists who are lessons on those athletic fields of hard is a mentor, a friend, and a partner in Federal employees—and we have a good work, teamwork, and leadership, which helping to strengthen our State. I percentage—not a majority, but a num- serve him well. Frankly, it is so obvi- wanted to spend a few moments to ac- ber of our Federal employees who ous to all of us who know him and his knowledge the 30th anniversary and might work at Treasury during the affable manner, his very approachable wish him 30 more years. He is in great day, but are weekend warriors, and now way, always with a kind word to say, health. He plays tennis regularly, with they are full-time warriors because always a joke, and always something Democrats and Republicans alike, and they have been called up—this bill to lighten up a discussion at the appro- beats us all on the court. He wins many would mandate the Federal Govern- priate time. Those traits have served of his battles on the Senate floor as ment simply maintain their pay at him well as an outstanding Congress- well. their regular level. Instead of taking man and Senator. Again, I congratulate Senator JOHN the paycheck and sending part of it In addition, because none of us come BREAUX. back to the Treasury while they defend here on our own, he has come here as a f us, they would be allowed to keep that husband, a father, and now as a grand- paycheck, which would make a tremen- RESERVISTS AND GUARD PAID father. His wife, Lois, has truly been a dous amount of sense. I know it would PROTECTION ACT tremendous partner, at great sacrifice mean a tremendous amount to the to herself and her family. JOHN and Ms. LANDRIEU. Mr. President, I will spouses and family members at home, Lois brought their Cajun roots to our now address the Reservists and Guard who have to keep the lights on, pay the Nation’s capital, and we are proud of Paid Protection Act, which I intro- mortgage, pay the rent, or pay the car that. He has never lost sight of who he duced last week. I’m looking forward payment monthly, food bills, et cetera. is or where he has come from. We know to working diligently in the months Just because one person in the family— him at home in many ways, but in and years ahead—hopefully, it won’t one of the breadwinners, and in some Washington he is known as a strong, take years—to pass this bill. I think it cases it may be the sole breadwinner— vocal, and effective advocate for agri- is a bill we probably should have ad- has been called up to go to war, the culture. His hometown sits right in the dressed some years ago. I will speak to family bills don’t stop coming. They heart of rice country, in Crowley, LA, what the bill does. need to be paid. and in the heart of, in many ways, sug- The Reservists and Guard Paid Pro- So anything we can do to keep our arcane country in south Louisiana; and tection Act attempts to put into law a reservists’ and our guardsmen’s pay

VerDate Mar 15 2010 20:38 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16OC2.REC S16OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 16, 2002 CONGRESSIONAL RECORD — SENATE S10549 where it was so they are not taking a force that is so important and so cru- war, the spectacular strengths of the cut to defend us, I think would be ap- cial for us to win the war on terrorism, American infantry men and women in propriate at this time. Basically, that to establish the peace around the uniform. is what this bill does. world, so this economy, and economies He passed away quite a young man in Let me make another point before I around the world, can grow and people his midsixties. He was a professor of close. truly can live in peace and prosperity. history, known by many of us person- Since 1991, the U.S. military has sig- These are the people who are on the ally, and was a personal friend of the nificantly scaled down its active troops front line making that happen. Senator from Alaska. I submit for the because we came to the end of the cold This is a very important bill. I hope RECORD this resolution, to have it ap- war and we thought we could scale we will gain a lot of support for it as pear in the CONGRESSIONAL RECORD to back our active troops. Now we are the months and weeks unfold. honor a great American, someone Lou- scaling up, of course, to meet these f isiana has lost and the Nation has lost. new threats, and into the foreseeable I am not sure we can ever replace him. future, by calling on our Reserves more TRIBUTE TO STEPHEN E. AMBROSE Mr. REID. Will the Senator yield for and more. In fact, they represented 40 a question? to 50 percent of our troop force in Ms. LANDRIEU. Mr. President, I ask Ms. LANDRIEU. Yes. Desert Storm. We have called on them unanimous consent that the Senate Mr. REID. Mr. President, I ask the in somewhat a disproportionate way to proceed to the immediate consider- Senator from Louisiana allow me to be defend us in Bosnia, Afghanistan, and ation of S. Res. 342; that the resolution a cosponsor of this resolution. no doubt, if we go to Iraq, our active and the preamble be agreed to; that the Ms. LANDRIEU. Yes. motion to reconsider be laid upon the force will be perhaps 100,000, if not The PRESIDING OFFICER. Without table; and that any statements relating 200,000, in number, and many of them objection, it is so ordered. will be reservists. to the resolution be printed in the Mr. REID. Mr. President, I say to my Gone are the cold war days when we RECORD. friend from Louisiana, I love to read. I had massive military personnel posi- The PRESIDING OFFICER. Without have very few extracurricular activi- tioned all over the world. Now we are objection, it is so ordered. ties outside the Senate, but one is relying on a leaner force. The reserv- The resolution (S. Res. 342) was reading. I have received so much pleas- ists have become a part of that leaner agreed to. ure from ‘‘Undaunted Courage,’’ the force because we need flexibility in The preamble was agreed to. great book about the Lewis and Clark putting our force together to serve a The resolution, with its preamble, expedition, which changed my view of great purpose. reads as follows: our country. Of course, the work he did In addition, with the new war—and S. RES. 342 you know, Mr. President, because you on World War II is something that will Whereas Stephen E. Ambrose dedicated his forever be in my mind and the mind of serve on the Armed Services Com- life to telling the story of America; mittee and the Emerging Threats Sub- Whereas Stephen Ambrose’s 36 books form anyone who knows anything or cares committee which I chair, you are fa- a body of work that has educated and in- about the history of this country. And miliar with the fact we are going to spired the people of this Nation; to have the pleasure of being able to need new skill sets in our armed serv- Whereas President Bill Clinton awarded talk with him on a number of occasions ices—linguists, cultural experts, histo- Stephen Ambrose the National Humanities when he came to speak to groups of Medal for his contribution to American his- Senators, I consider one of the pleas- rians. We are going to need different torical understanding; skill sets, highly technical individ- ures of this job. Whereas Stephen Ambrose made history I compliment the Senator from Lou- uals—public relations people, individ- accessible to all people and had an unprece- uals who have skills about setting up dented 3 works on the New York Times Best- isiana for submitting this resolution. It civil authorities. So our new Army, sellers list simultaneously; is a resolution I will remember as hav- Navy, Air Force, and Marines have to Whereas Stephen Ambrose served as Hon- ing been a part of because he allowed be a group of men and women who are orary Chairman of the National Council of me to have so much pleasure in trav- highly trained in specialized skills. the Lewis and Clark Bicentennial and lent eling to places in my mind’s eye I his name, time, and resources to innumer- would never be able to reach but for his Sometimes we can get those special- able other philanthropic endeavors; ized skills from those on active duty, great ability to write the English lan- Whereas Stephen Ambrose committed him- guage. but it is smarter, more economical, and self to understanding the personal histories actually more effective if we are able of the men and women often referred to as Ms. LANDRIEU. I thank the Senator, to pull certain types of skills out of the the ‘‘greatest generation’’; and I am pleased to have him cosponsor civilian force when needed to apply Whereas Stephen Ambrose’s groundbreak- this resolution. It has been said Ste- them to that specific goal or objective. ing work on the history of World War II and phen Ambrose was not a historian’s That is the way this new military is the D-day invasion culminated in the Na- historian, but he was a student’s histo- tional D-Day Museum in New Orleans; and going to be designed for the future. It rian. He was truly an exceptional Whereas all Americans appreciate the con- teacher. In my mind, when I think of is different from the First World War, tribution Stephen Ambrose has made in re- different from the Second World War, capturing the courage, sacrifice, and heroism an exceptional teacher, it is not some- different than the cold war strategy. of the D-day invasion on June 6, 1944: Now, one who just communicates facts but With a new strategy and new weapons, therefore, be it someone who teaches in a way that in- we are asking the reservists to do Resolved, That the Senate— spires one to be better, to help one un- more. Let’s not ask them to do more (1) mourns the death of Stephen E. Am- derstand the context in which one with less. Let’s not ask them to do brose; lives. He was not an exceptional teach- (2) expresses its condolences to Stephen more and cut their pay. Let’s do right er just for the brightest kids in the Ambrose’s wife and 5 children; class but for every kid in the class. by our reservists by supporting them. (3) salutes the excellence of Stephen Am- They are weekend warriors, but now brose at capturing the greatness of the He taught—I used to say he taught at they are simply warriors. Our benefits American spirit in words; and UNO—at the University of New Orle- to them and our pay systems should re- (4) directs the Secretary of the Senate to ans, and kids would say their whole life flect this new demand on their sched- transmit an enrolled copy of this resolution was changed hearing him lecture. He ules. to the family of Stephen Ambrose. lectured in the Senate, which changed OPTEMPO is up. Our conflicts and Ms. LANDRIEU. Mr. President, this many of our lives and outlooks. our challenges are right before us, and resolution is to honor—I am not sure He was an extraordinary man and we need to respond. words can actually do appropriate jus- left us way too soon. He left a number I am hoping we will gain support for tice—a great American who passed of works and disciples, if you will, of this act. I look forward to debating and away this last weekend. That Amer- his work. He certainly will live on, and presenting it to the committee, but I ican is Stephen Ambrose, the author of we were blessed to know him. think this is the least we can do to sup- a number of books, a man who helped The PRESIDING OFFICER. The Sen- port a segment of our national security our Nation understand the dynamics of ator from Florida.

VerDate Mar 15 2010 20:38 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16OC2.REC S16OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10550 CONGRESSIONAL RECORD — SENATE October 16, 2002 Mr. NELSON of Florida. Mr. Presi- ‘‘Undaunted Courage’’; how he took his and the Espionage Establishment’’; dent, I inquire of the Senator from boys and went down the trail that ‘‘Crazy Horse and Custer: The Parallel Alaska, who is standing to be recog- Lewis and Clark took. They camped Lives of Two American Warriors’’; nized, I have a major speech I wish to out through the summertime several ‘‘General Ike: Abilene to Berlin’’; ‘‘The make. If the Senator has a few re- summers in a row. He told me how he Military in American Society’’; ‘‘The marks, I will certainly defer to let him had lived the history. I remember him Supreme Commander: The War Years go first. telling me he felt that book. of General Dwight D. Eisenhower’’; and The PRESIDING OFFICER. The Sen- He has now become the person who ‘‘The Papers of Dwight D. Eisenhower.’’ ator from Alaska. has been the chronicler of the Eisen- He wrote on Eisenhower in Berlin. Mr. STEVENS. Mr. President, it is hower period of our history. I think he Before he even got to the Eisenhower my intention to make some remarks as wrote nine different books about Eisen- books he wrote ‘‘Duty, Honor, Country: a cosponsor of the Ambrose resolution, hower’s participation. He was called by A History of West Point.’’ He also had not to exceed 10 or 12 minutes at the President Eisenhower to be his official a series of books about Lincoln, most. biographer. He told me personally ‘‘Halleck, Lincoln’s Chief of Staff,’’ the Mr. NELSON of Florida. Mr. Presi- about that and how he had not ex- one he personally gave me, his own dent, I ask unanimous consent that I pected that. ‘‘Wisconsin Boy in Dixie.’’ be recognized upon the conclusion of He has now completed his life, unfor- For those of us who are in the Sen- the Senator’s remarks, and I defer to tunately early. He has left a mark for ate, I hope they have read one of the the Senator from Alaska. historians to envy because he was a last books he wrote, and that is ‘‘The The PRESIDING OFFICER. Without popular historian. I challenge anyone Wild Blue,’’ which is really the story of objection, it is so ordered. The Senator to read one of his books and not want George McGovern and the B–24 squad- from Alaska. to read the next one written by Steve ron in World War II. I think that reads Mr. STEVENS. Mr. President, I Ambrose. For instance, he wrote his better than any of the Ambrose books, thank the Senator for his courtesy, and own biography. particularly because those of us who I thank Senator LANDRIEU for submit- I ask unanimous consent that it be knew George could understand him ting this Ambrose resolution. printed in the RECORD following my re- even more as a Senator once we real- I thought Stephen Ambrose’s book marks. ized what he went through as a bomber ‘‘Undaunted Courage’’ was one of the The PRESIDING OFFICER. Without pilot. best books I ever read in my life. A few objection, it is so ordered. I thank Ms. LANDRIEU for submitting years back, my secretary said Stephen (See exhibit 1). this resolution because I think the Ambrose wanted to come talk to me. Mr. STEVENS. It is one of the most country should honor Stephen Am- Of course, being sort of a provincial interesting biographies a person could brose. I know President Clinton hon- type, I got out my book and had it on read because he personally wrote it. It ored him in 1999 with the National Hu- my desk ready for him to autograph is sort of a roaming history about a manities Medal, but very clearly this when he arrived. man who enjoyed life. man has left his mark on our country. We talked about his dream. He had a His books about World War II, of Americans for centuries to come will dream of a museum for World War II. course, will live in history. Of all of know more about the period in which He talked with me at length about them, I enjoyed ‘‘Band of Brothers’’ some of us have lived because Steve that. As a member of the Appropria- more than any others because that was Ambrose dedicated his life to writing tions Committee, he was openly seek- made into the series I hope many in history. ing money from the taxpayers of the the Senate had an opportunity to see. I send my thoughts and my best to United States for this museum. It was I have gotten copies of his books and Moira, his wife, who traveled with him my privilege to convince the Congress given them to so many friends because at times to Alaska. I shall miss him. to aid him in that effort. It is in New they represent to me an understanding He was scheduled to come up again this Orleans, and I say to any American of the Eisenhower period. I truly be- year and go fishing with me. who wants to understand World War II, lieve those of us who served in World I ask unanimous consent that an- they should go to New Orleans and see War II worshiped our President then, other item from Stephen Ambrose’s this marvelous museum. and he showed that worship when he history be printed in the RECORD fol- It was my privilege to years later go wrote about Eisenhower. He had the lowing my remarks. through the museum with him the day honor to go through all of the Eisen- The PRESIDING OFFICER. Without before it opened. It is a fantastic living hower papers. He edited and issued five objection, it is so ordered. memorial to those others have called different volumes of the Eisenhower (See exhibit 3). our greatest generation. papers. If one wants to know the period Mr. STEVENS. I thank the Senator I happen to be one of that generation, of World War II and the time that has for yielding to me. I commend all of one significantly honored by the fact I followed in terms of people who re- the Ambrose books to anyone who never suffered a scratch or had a crash viewed the history of World War II, wants to understand the period of or did anything I did not really enjoy they have to turn to one of Steve World War II. He was an author and a in World War II. Being a pilot was my Ambrose’s books, and think about great personal friend. dream, and I was a pilot. We talked at some of them. EXHIBIT 1 length about that. As a matter of fact, I ask unanimous consent that the As- I was born in 1936 and grew up in White- Stephen Ambrose and I talked about a sociated Press’ list of the 39 books that water, Wisconsin, a small town where my fa- book he was going to write. He did Steve Ambrose wrote in his lifetime ther was the M.D. My high school had only write about the squadron of which appear following my remarks. 300 students but was good enough to offer former Senator George McGovern was The PRESIDING OFFICER. Without two yeas of Latin, which taught me the cen- a part. objection, it is so ordered. trality of verbs—placement, form, tense. I am here today to try to tell the (See exhibit 2). At the University of Wisconsin, I started as a pre-med, but after a course on American Senate about a person I learned to Mr. STEVENS. Think of these things history with William B. Hesseltine, I love. He was not only a distinguished he wrote about: ‘‘Eisenhower and the switched my major. He was a great teacher author, he was a man’s man. German POWs: Facts Against False- of writing, with firm rules such as abandon He came to Alaska probably three or hood’’; ‘‘Nixon: The Ruin and Recovery chronology at your peril; use the active four times in the last 5 or 6 years to go of a Politician’’; ‘‘Eisenhower: Soldier voice; avoid adverbs whenever possible; be fishing, and we have had time where we and President’’; ‘‘Nixon: The Triumph frugal with adjectives, as they are but the sat around and talked. I tried to talk of a Politician’’; ‘‘Nixon: The Edu- salt and pepper for the meat (nouns). to him about smoking so many ciga- cation of a Politician’’; ‘‘Pegasus On to L.S.U., where I studied for M.A. under T. Harry Williams, another fine histo- rettes, and unfortunately I think that Bridge’’; ‘‘Eisenhower: The President’’; rian who stressed the importance of writing is what caught up with him. ‘‘Eisenhower: Soldier, General of the well. After getting my M.A. degree in 1958, I He really understood America. He Army, President-Elect’’; ‘‘Milton Ei- returned to Wisconsin to do my Ph.D. work told me of how he wrote that book senhower’’; ‘‘Ike’s Spies: Eisenhower under Hesseltine.

VerDate Mar 15 2010 20:38 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16OC2.REC S16OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 16, 2002 CONGRESSIONAL RECORD — SENATE S10551 Funny thing, Harry Williams was a much oped an ear of my own, so I can hear myself Also that year, I took a course entitled better writer than Hesseltine, but Hesseltine read—as it reveals awkward passages better ‘‘Representative Americans’’ taught by Pro- was the better teacher of writing. We grad- than anything else. If I can’t read it smooth- fessor William B. Hesseltine. In his first lec- uate students once asked him: ‘‘How can you ly, it needs fixing. ture he announced that in this course we demand so much from us when your own Hesseltine used to tell his students that would not be writing term papers that sum- books are not all that well written,’’ as we the act of writing is the art of applying the marized the conclusions of three or four confronted him with a review of one of his seat of the pants to the seat of a chair. It is books; instead we would be doing original re- books that praised his research and histor- a monk’s existence, the loneliest job in the search on nineteenth-century Wisconsin ical understanding but deplored his writing. world. As Moira and I have five kids (at one politicians, professional and business lead- Hesseltine laughed and replied, ‘‘My dear time all teens together; the phone in the ers, for the purpose of putting together a dic- boys, You have a better teacher than I did.’’ evening can be imagined) I started going to tionary of Wisconsin biography that would From 1960 to 1995 I was a full-time teacher bed at eight to get up at four and have three be deposited in the state historical society. (University of New Orleans, Rutgers, Kansas quiet hours for writing before the teaching We would, Hesseltine told us, be contributing State, Naval War College, U.C. Berkeley, a day began. The kids grew up and moved out to the world’s knowledge. number of European schools, among others), and I retired in May, 1995, but I keep to the The words caught me up. I had never imag- something that has been invaluable to my habit. ined I could do such things as contribute to I’m sometimes asked which of my books is writing. There is nothing like standing be- the world’s knowledge. Forty-five years fore 50 students at 8 a.m. to start talking my own favorite. My answer is, whatever one I’m working on. Right now (Winter 1999) a later, the phrase continues to resonate with about an event that occurred 100 years ago, book on World War II in the Pacific as well me. It changed my life. At the conclusion of because the look on their faces is a as a book on the 15th Air Force and the B– the lecture—on General Washington—I went chellenge—‘‘let’s see you keep me awake.’’ 24 Liberators they flew. I think the greatest up to him and asked how I could do what he You learn what works and what doesn’t in a achievement of the American Republic in did for a living. He laughed and said to stick hurry. the 18th Century was the army at Valley around, he would show me. I went straight to Teaching and writing are one to me— in the registrar’s office and changed my major each case I am telling a story. As I sit at my Forge; in the 19th Century it was the Army of the Potomac; in the 20th Century, it was from premed to history. I have been at it computer, or sand at the podium, I think of the U.S. military in WWII. I want to know ever since. myself as sitting around the campfire after a how we beat the Japanese in the Pacific and day on the trail, telling stories that I hope how our airforce helped us beat the Germans. EXHIBIT 2 will have the members of the audience, or To do a book of this scope is daunting but re- BOOKS BY HISTORIAN STEPHEN AMBROSE the readers, leaning forward just a bit, want- warding. I get paid for interviewing the old ing to know what happens next. [The Associated Press—Oct. 14] Some of the rules of writing I’ve developed soldiers and reading their private memoirs. ‘‘To America: Personal Reflections of an on my own include: never try to write about My job is to pick out the best one of every Historian,’’ release date Nov. 19, 2002. fifty or so stories and pass it along to read- a battle until you have walked the ground; ‘‘The Mississippi and the Making of a Na- ers, along with commentary on what it illus- when you write about politicians, keep in tion: From the Louisiana Purchase to trates and teaches. It is a wonderful way to mind that somebody has to do it; you are a Today’’ (with Sam Abell and Douglas make a living. Brinkley), 2002. story-teller, not God, so your job is not to My experiences with the military have ‘‘The Wild Blue: The Men and Boys Who pass judgments but explain, illustrate, in- been as an observer. The only time I wore a Flew the B–24s over Germany,’’ 2001. form and entertain. uniform was in naval ROTC as a freshman at The idea for a book comes in a variety of ‘‘Nothing Like It In the World: The Men the University of Wisconsin, and in army ways. I started as a Civil War historian be- Who Built the Transcontinental Railroad ROTC as a sophomore. I was in second grade cause Hesseltine taught the Civil War. I when the United States entered World War 1863–1869,’’ 2000. wrote about Eisenhower because he asked me ‘‘Comrades: Brothers, Fathers, Heroes, II, in sixth grade when the war ended. When to become his biographer, on the basis of a I graduated from high school, in 1953, I ex- Sons, Pals,’’ 1999. ‘‘Witness to America: An Illustrated Docu- book I had done on Henry Halleck, Lincoln’s pected to go into the army, but within a Chief of Staff. I never wanted to write about month the Korean War ended and I went to mentary History of the United States from Nixon but my editor (Alice Mayhew at college instead. Upon graduation in 1957, I the Revolution to Today’’ (with Douglas Simon and Schuster) made me do it by say- went straight to graduate school. By the Brinkley), 1999. ing. ‘‘Where else can you find a greater chal- time America was again at war, in 1964, I was ‘‘Lewis & Clark: Voyage of Discovery,’’ lenge?’’ I did Crazy Horse and Custer because twenty-eight years old and the father of five 1998. I took my family camping in the Black Hills children. So I never served. ‘‘The Victors: Eisenhower and His Boys, of South Dakota and got hooked on the But I have admired and respected the men the Men of World War II,’’ 1998. country, and the topic brought me back to who did fight since my childhood. When I ‘‘Americans At War,’’ 1997. the Black Hills many times. I did was in grade school World War II dominated ‘‘Rise To Globalism: American Foreign Meriwether Lewis to have an excuse to keep my life. My father was a navy doctor in the Policy from 1938 to 1997’’ (Eighth revised edi- returning to Montana, thus covering even Pacific. My mother worked in a pea cannery tion with Douglas Brinkley), 1997. more of the American West. beside German POWs (Afrika Korps troops ‘‘Citizen Soldiers: The U.S. Army from the My World War II books flowed out of the captured in Tunisia in May 1943). Along with Normandy Beaches to the Bulge to the Sur- association with Eisenhower, along with my my brothers—Harry, two years older, and render of Germany, June 7, 1944–May 7, 1945,’’ feelings toward the GIs. I was ten years old Bill, two Years younger—I went to the mov- 1997. when the war ended. I thought the returning ies three times a week (ten cents six nights ‘‘American Heritage New History of World veterans were giants who had saved the a week, twenty-five cents on Saturday War II’’ (original text by C. L. Sulzberger, re- world from barbarism. I still think so. I re- night), not to see the films, which were gen- vised and updated), 1997. main a hero worshiper. Over the decades I’ve erally Clinkers, but to see the newsreels ‘‘Undaunted Courage: Meriwether Lewis, interviewed thousands of veterans. It is a which were almost exclusively about the Thomas Jefferson, and the Opening of the privilege to hear their stories, then write fighting in North Africa, Europe, and the Pa- American West,’’ 1996. them up. cific. We played at war constantly. ‘‘Japs’’ ‘‘D-Day June 6, 1944: The Climactic Battle What drives me is curiosity. I want to vs. Marines, GIs vs. ‘‘Krauts’’. of World War II,’’ 1994. know how this or that was done—Lewis and In high school I got hooked on Napoleon. I ‘‘Band of Brothers: E Company, 506th Regi- Clark getting to the Pacific; the GIs on D- read various biographies and studied his ment, 101st Airborne From Normandy to Hit- Day; Crazy Horse’s Victory over George Cus- campaigns. As a seventeen-year-old fresh- ler’s Eagle’s Nest,’’ 1992. ter at the Little Big Horn; the making of an man in naval ROTC, I took a course on naval ‘‘Eisenhower and the German POWs: Facts elite company in the 101st Airborne, and so history, starting with the Greeks and ending Against Falsehood,’’ 1992. on. And I’ve found that if I want to know, with World War II (in one semester!). My in- ‘‘Nixon: The Ruin and Recovery of a Politi- I’ve got to do the research and then write it structor had been a submarine skipper in the cian, 1973–1990,’’ 1991. up myself. For me, the act of writing is the Pacific and we all worshipped him. More im- ‘‘Eisenhower: Soldier and President,’’ 1990. act of learning. portant, he was a gifted teacher who loved ‘‘Nixon: The Triumph of a Politician, 1962– I’m blessing to have Moira Buckley Am- the navy and history. Although I was a pre- 1972,’’ 1989. brose as my wife. She was an English Lit med student with plans to take up my fa- ‘‘Nixon: The Education of a Politician, major and school teacher; she is an avid ther’s practice in Whitewater, Wisconsin, I 1913–1962,’’ 1987. reader; she has a great ear. At the end of found the history course to be far more in- ‘‘Pegasus Bridge: June 6, 1944,’’ 1985. each writing day, she sits with me and I read teresting than chemistry of physics. But in ‘‘Eisenhower: The President,’’ 1985. aloud what I’ve done. After more than three the second semester of naval ROTC, the re- ‘‘Eisenhower: Soldier, General of the decades of this, I still can’t dispense with re- quired course was gunnery. Although I was Army, President-Elect, 1890–1952,’’ 1983. quiring her first of all to say, ‘‘That’s good, an avid hunter and thoroughly familiar with ‘‘Milton Eisenhower: Educational States- that’s great, way to go.’’ But then we get to shotguns and rifles, the workings of the five man’’ (with Richard Immerman), 1983. work. We make the changes. This reading inch cannon baffled me. So in my sophomore ‘‘Ike’s Spies: Eisenhower and the Espio- aloud business is critical to me—I’ve devel- year I switched to army ROTC. nage Establishment,’’ 1981.

VerDate Mar 15 2010 20:38 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16OC2.REC S16OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10552 CONGRESSIONAL RECORD — SENATE October 16, 2002 ‘‘Crazy Horse and Custer: The Parallel ture editions. He denied engaging in plagia- edit his official papers. That led to Mr. Lives of Two American Warriors,’’ 1975. rism and suggested that jealousy among aca- Ambrose’s two-volume biography of Eisen- ‘‘General Ike: Abilene to Berlin,’’ 1973. demic historians played a part in the criti- hower. ‘‘The Military and American Society’’ cism. The first volume, ‘‘Eisenhower: Soldier, (with James Barber), 1972. ‘‘Any book with more than five readers is General of the Army, President-Elect, 1890– ‘‘The Supreme Commander: The War Years automatically popularized and to be 1952’’ (Simon & Schuster, 1983), was described of General Dwight D. Eisenhower,’’ 1970. scorned,’’ Mr. Ambrose said in an interview by Drew Middleton in the New York Times ‘‘The Papers of Dwight David Eisenhower, with The Los Angeles Times in April 2002. ‘‘I Book Review as ‘‘the most complete and ob- Vols. 1–5,’’ 1967. did my graduate work like anybody else, and jective work yet on the general who became ‘‘Institutions in Modern America,’’ 1967. I kind of had that attitude myself. The prob- president.’’ ‘‘Eisenhower and Berlin, 1945: The Decision lem with my colleagues is they never grew Mr. Ambrose also wrote a three-volume bi- to Halt at the Elbe,’’ 1967. out of it.’’ ography of Richard M. Nixon, published in ‘‘Duty, Honor, Country: A History of West Two years after his D-Day book was pub- the late 1980’s and early 90’s. Point,’’ 1966. lished, Mr. Ambrose had another best seller, He wrote or edited some 35 books and said ‘‘Upton and the Army,’’ 1964. ‘‘Undaunted Courage,’’ the story of Lewis that he often arose at 4 in the morning and ‘‘Halleck, Lincoln’s Chief of Staff,’’ 1962. and Clark’s exploration of the West. He re- concluded his day’s writing by reading aloud ‘‘Wisconsin Boy in Dixie,’’ 1961. ported having earned more than $4 million for a critique from his wife, Moira, a former from it. high school teacher. His son Hugh, who was EXHIBIT 3 In 1997, his ‘‘Citizen Soldiers’’ chronicled also his agent, and other family members [From the New York Times, Oct. 14, 2002.] combat from D-Day to Germany’s surrender. helped with his research in recent years. STEPHEN AMBROSE, HISTORIAN WHO FUELED In 1998, Mr. Ambrose wrote ‘‘The Victors,’’ a When he was confronted with instances of NEW INTEREST IN WORLD WAR II, DIES AT 66 history of the war in Europe that drew on his having copied from others—‘‘The Wild Blue’’ (By Richard Goldstein) earlier books. In 1999, be brought out ‘‘Com- had passages that closely resembled material rades: Brothers, Fathers, Heroes, Sons, in several other books—a question arose as Stephen E. Ambrose, the military histo- Pals,’’ an account of his own family relation- to whether he was too prolific. rian and biographer whose books recounting ships and those of historical figures. In 2000, ‘‘Nobody can write as many books as he the combat feats of American soldiers and he recounted the building of the trans- has—many of them were well-written airmen fueled a national fascination with continental railroad in ‘‘Nothing Like It in books—without the sloppiness that comes the generation that fought World War II, the World.’’ In 2001, he had ‘‘The Wild Blue,’’ with speed and the constant pressure to died yesterday at a hospital in Bay St. the story of B–24 bomber crewmen in World produce,’’ said Eric Foner, a history pro- Louis, Miss. Mr. Ambrose, who lived in Bay War II’s European theater. fessor at Columbia University. ‘‘It is the un- St. Louis and Helena, Mont., was 66. Mr. Ambrose’s most recent book was ‘‘The fortunate downside of doing too much too The cause was lung cancer, which was di- Mississippi and the Making of a Nation,’’ fast.’’ agnosed last April, his son Barry said. ‘‘Until with Douglas G. Brinkley and the photog- David Rosenthal, the publisher of Simon & I was 60 years old, I lived on a professor’s sal- rapher Sam Abell, published this fall by Na- Schuster, said of Mr. Ambrose’s pace, ‘‘We ary and I wrote books,’’ Mr. Ambrose re- tional Geographic. After learning he had welcome that he is prolific.’’ He added, ‘‘He called in November 1999. ‘‘We did all right. cancer, Mr. Ambrose wrote ‘‘To America: works at a schedule that he sets, and we en- We even managed to buy some mutual funds Personal Reflections of an Historian,’’ which courage the amount of his output because for our grandchildren. I never in this world is to be published by Simon & Schuster later there is a readership that wants it.’’ expected what happened.’’ this year. George McGovern, the former senator, Mr. Ambrose, known previously for multi- Mr. Ambrose was also a commentator for whose experiences as a bomber pilot were re- volume biographies of Dwight D. Eisenhower the Ken Burns documentary ‘‘Lewis & Clark: counted in ‘‘The Wild Blue,’’ said yesterday, and Richard M. Nixon, emerged as a best- The Journey of the Corps of Discovery,’’ ‘‘He probably reached more readers than any selling author during the past decade. He broadcast on PBS in 1997. He served as con- other historian in our national history.’’ was also an adviser for films depicting heroic sultant for ‘‘Saving Private Ryan,’’ the 1998 Mr. Ambrose retired from college teaching exploits, a highly paid lecturer and an orga- movie acclaimed for its searing depiction of in 1995, having spent most of his career at nizer of tours to historic sites. combat on D-Day. His book ‘‘Band of Broth- the University of New Orleans. He received His ascension to wealth and fame began ers,’’ the account of an American para- the National Humanities Medal in 1998. with his book ‘‘D-Day, June 6, 1944: The Cli- trooper company in World War II, published In addition to his wife and his sons Barry, matic Battle of World War II,’’ marking the in 1992, was the basis for an HBO mini-series of Moiese, Mont., and Hugh, of New Orleans, 50th anniversary of the Normandy invasion. in 2001. he is survived by another son, Andy, of New Drawing upon combat veterans’ remem- He founded the National D-Day Museum in Orleans; two daughters, Grace Ambrose of brances collected by the Eisenhower Center 2000 in New Orleans and was president of Ste- Wappingers Falls, N.Y., and Stephenie Tubbs in New Orleans, which Mr. Ambrose founded, phen Ambrose Historical Tours. of Helena; five grandchildren; and two broth- it became a best seller. In August 2001, The Wall Street Journal es- ers, Harry, of Virginia, and William, of ‘‘The descriptions of individual ordeals on timated that the Ambrose family company Maine. the bloody beach of Omaha make this book was bringing in $3 million in revenue annu- In reflecting on his writing and on his life, outstanding,’’ Raleigh Trevelyan wrote in ally. It said that Mr. Ambrose reported hav- Mr. Ambrose customarily paid tribute to the The New York Times Book Review. ing donated about $5 million over the pre- American soldiers of World War II, the ob- Soon Mr. Ambrose was producing at least a vious five years to causes including the Ei- ject of his admiration for so long. book a year and becoming a star at Simon & senhower Center and the National D-Day ‘‘I was 10 years old when the war ended,’’ Schuster, which published all his best-known Museum. he said. ‘‘I thought the returning veterans books. Stephen Edward Ambrose was born on Jan. were giants who had saved the world from But earlier this year Mr. Ambrose was ac- 10, 1936, in Decatur, Ill., and grew up in barbarism. I still think so. I remain a hero cused of ethical lapses for having employed Whitewater, Wis., the son of a physician who worshiper.’’ some narrative passages in his books that served in the Navy during World War II. As Mr. STEVENS. Madam President, I closely paralleled previously published ac- a youngster, he was enthralled by combat counts. The criticism came at a time of newsreels. ask unanimous consent that I be added heightened scrutiny of scholarly integrity. He was a pre-med student at the University as an original cosponsor of the Lan- The Pulitzer Prize-winning historian Doris of Wisconsin in the mid-1950’s but was in- drieu resolution. Kearns Goodwin acknowledged in January spired by one of his professors, William B. The PRESIDING OFFICER (Ms. 2002 that her published, Simon & Schuster, Heseltine, to become a historian. CANTWELL). Without objection, it is so paid another author in 1987 to settle plagia- ‘‘He was a hero worshiper, and he got us to ordered. rism accusations concerning her book ‘‘The worship with him,’’ Mr. Ambrose told The The PRESIDING OFFICER. The Sen- Fitzgeralds and the Kennedys.’’ In August Baton Rouge Sunday Advocate many years 2001, the historian Joseph J. Ellis, also a Pul- later. ‘‘Oh, if you could hear him talk about ator from Florida. itzer Prize winner, was suspended for one George Washington.’’ Mr. NELSON of Florida. It is my un- year from his teaching duties at Mount Hol- After obtaining his bachelor’s degree from derstanding Senator REID has some yoke College for falsely telling his students Wisconsin, Mr. Ambrose earned a master’s business to conduct before I begin my and others that he had served with the mili- degree in history at Louisiana State and a oration. As the Senator knows, I am tary in Vietnam. doctorate in history from Wisconsin. He getting warmed up to get into the sub- Mr. Ambrose said that his copying from went on to interview numerous combat vet- ject of the economy. So I yield the other writers’ works represented only a few erans, but the only time he wore a military floor to Senator REID and ask unani- pages among the thousands he had written uniform was in Navy and Army R.O.T.C. at and that he had identified the sources by Wisconsin. mous consent that when the Senator is providing footnotes. He did concede that he In 1964, Eisenhower, having admired Mr. through, I would be recognized. should have placed quotation marks around Ambrose’s biography of Gen. Henry Halleck, The PRESIDING OFFICER. Without such material and said he would do so in fu- Lincoln’s chief of staff, asked him to help objection, it is so ordered.

VerDate Mar 15 2010 20:38 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16OC2.REC S16OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 16, 2002 CONGRESSIONAL RECORD — SENATE S10553 Mr. REID. I appreciate my friend, the Emergency Deficit Control Act of 1985 (as in It is one thing that certainly 2 mil- Senator from Florida, for being his effect prior to September 30, 2002) were they lion jobs have been lost since January usual courteous self. included in an Act other than an appropria- of 2001. In January of 2001, private sec- tions Act shall be treated as direct spending tor jobs were at 111 million. In Sep- f or receipts legislation, as appropriate, under tember of 2002, a year and two-thirds COMMITTEE ON APPROPRIATIONS section 207 of H. Con. Res. 68 (106th Congress, later, private sector jobs were down to REPORTING THIRTEEN APPRO- 1st Session) as amended by this resolution. 109.6 million jobs—2 million jobs lost, PRIATIONS BILLS BY JULY 31, The amendment (No. 4886), as modi- another indicator of the slumping 2002—Continued fied, was agreed to. The resolution (S. Res. 304), as economy. Mr. REID. Mr. President, what is the amended, was agreed to as follows: It is not as if we did not have a warn- pending business? (The resolution will be printed in a ing. Early last year it became clear our The PRESIDING OFFICER. S. Res. future edition of the RECORD.) economy was slowing down. During our 304. Mr. REID. Mr. President, this resolu- Budget Committee hearings on the Mr. REID. I ask unanimous consent tion has been cleared by the minority. topic, almost every economic analyst that the Conrad amendment be modi- I said earlier today how much I appre- said responsible tax cuts could help fied with the changes at the desk; that ciate the bipartisan work done on this solve the problem. They said the best the amendment, as modified, be agreed measure by Senators DOMENICI and way to stabilize the economy was to to; the resolution, as amended, be CONRAD. It is an example of what can get money into the hands of the people agreed to; and the motion to reconsider be accomplished when we work to- who would spend it, those with low-to- be laid upon the table, with no inter- gether. This is extremely important for moderate incomes. Above all else, we vening action or debate. the country. As I said earlier today, were told that whatever we did, we The PRESIDING OFFICER. Without those two Senators, together with the should not pass any tax package that objection, it is so ordered. two leaders, are to be commended. would cause long-term fiscal harm. The amendment (No. 4886), as modi- As the Presiding Officer knows, we f fied, is as follows: tried to heed those warnings. Last Strike all after the Resolved Clause and in- THE ECONOMY year, I supported a tax cut to provide sert the following: The PRESIDING OFFICER. The Sen- immediate tax relief for all families. , That the Senate encouraging the Senate ator from Florida. That tax cut would have made sure Committee on Appropriations to report thir- Mr. NELSON of Florida. Mr. Presi- every taxpayer, including those who teen, fiscally responsible, bipartisan appro- dent, before the No. 2 Democrat retires pay only payroll taxes—there are a priations bills to the Senate not later than July 31, 2002. from the Chamber, I want to congratu- vast number of Americans who do not late him. He is a tireless worker. He is pay income tax because they do not SEC. ll. BUDGET ENFORCEMENT. (a) EXTENSION OF SUPERMAJORITY ENFORCE- the consummate consensus builder. He have enough income—that monthly MENT.— is someone who in the midst of chaos payroll tax is deducted from their pay. (1) IN GENERAL.—Notwithstanding any pro- and fracas calms the waters with the The tax cut would have made sure that vision of the Congressional Budget Act of soothing balm that gets reasonable every taxpayer would also get a tax 1974, subsections (c)(2) and (d)(3) of section people to suddenly understand they can cut. 904 of the Congressional Budget Act of 1974 come together. It would have also reduced the 15-per- shall remain in effect for purposes of Senate This agreement on the budget resolu- cent income tax rate paid by all in- enforcement through April 15, 2003. tion, which contains the enforcement come-tax payers. It would have reduced (2) EXCEPTION.—Paragraph (1) shall not that to 10 percent and to a permanent apply to the enforcement of section provisions of the Budget Act, is an- 302(f)(2)(B) of the Congressional Budget Act other testimony to his skill in negoti- reduction. It would have been fair. It of 1974. ating, as he does so ably, with the would have been fiscally responsible, (b) PAY-AS-YOU-GO RULE IN THE SENATE.— Chairman and the ranking Members. and it would have been economically (1) IN GENERAL.—For purposes of Senate en- So I am delighted. It is fitting this stimulative. But the final version of forcement, section 207 of H. Con. Res. 68 (106th agreement on a budget enforcement last year’s tax cut was enacted by this Congress, 1st Session) shall be construed as provision has been agreed to, because Chamber. This Senator did not vote for follows: of the condition of our economy. it, and I did not vote for it because it (A) In subsection (b)(6), by inserting after The stock market today has gone ‘‘paragraph (5)(A)’’ the following: ‘‘, except did not meet the criteria that the So- that direct spending or revenue effects re- down another 220 points. Stocks stum- cial Security and Medicare trust funds sulting in net deficit reduction enacted pur- bled, slamming the brakes on any kind would not be touched now or in the fu- suant to reconciliation instructions since of rally we might have thought was oc- ture. the beginning of that same calendar year curring over the last few days. Sales I remember when I was sworn in as a shall not be available’’. outlook was weak, there were dis- freshman to the Senate, the talk was (B) In subsection (g), by striking ‘‘Sep- appointing earnings, and it has brought so uplifting and upbeat about how we tember 30, 2002’’ and inserting ‘‘April 15, profit jitters back into the market. had a surplus that was projected for 10 2003’’. Is it any wonder investors, large in- years and that we were not going to (2) SCORECARD.—For purposes of enforcing section 207 of House Concurrent Resolution vestors such as pension funds or small have to invade the Social Security 68 (106th Congress), upon the adoption of this investors such as the Presiding Officer trust fund to pay bills; indeed, that we section the Chairman of the Committee on and myself, with our own little hard- were going to fence it off. We promised the Budget of the Senate shall adjust bal- earned savings that we invest in the that. We were going to fence off the So- ances of direct spending and receipts for all stock market, all across this land, in- cial Security trust fund so that by it fiscal years to zero. deed, have jitters because of the uncer- remaining untouched, its surpluses (3) APPLICATION TO APPROPRIATIONS.—For tainty of the economy? As a matter of over the next decade would have paid the purposes of enforcing this resolution, fact, in the last 2 years, stock market down most of the national debt, a debt notwithstanding rule 3 of the Budget Scorekeeping Guidelines set forth in the wealth has been down 35 percent for a that averages out in the range of about joint explanatory statement of the com- $5.7 trillion loss in that 2 years. $200 billion to $250 billion a year we pay mittee of conference accompanying Con- If anyone doubts this, in January of in interest on the national debt. Just ference Report 105–217, during the consider- 2001, all the stock markets had a com- think what that savings on interest ation of any appropriations Act, provisions bined asset value of $16.4 trillion. In payments could provide if we had fol- of an amendment (other than an amendment September of 2002, that value went lowed through on the promises and reported by the Committee on Appropria- down to $10.7 trillion, a loss of $5.7 tril- paid down that national debt, what tions including routine and ongoing direct lion. Is it any wonder that reduction in that would have meant to the economy spending or receipts), a motion, or a con- stock market value, which is huge—35 ference report thereon (only to the extent as another indicator that we were get- that such provision was not committed to percent in a year and two-thirds—is a ting our fiscal house in order. conference), that would have been estimated reflection of the feeling of uncertainty The final version of last year’s tax as changing direct spending or receipts under people have toward the economy, a cut did not meet that criteria of section 252 of the Balanced Budget and slumping economy? walling off Social Security trust funds.

VerDate Mar 15 2010 20:38 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16OC2.REC S16OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10554 CONGRESSIONAL RECORD — SENATE October 16, 2002 Because of the fiscally irresponsible the middle-income and lower levels of But instead of focusing on how to get way the bill was drafted, with gim- income who do not have the benefi- the economy going again, this adminis- micks such as changing the beginning cence of having the Government pro- tration is proposing new tax cuts for and ending dates of key tax provisions, vide their health care through the Med- the wealthy and extending those for because of those gimmicks the bill icaid Program, where it crunches the the wealthy that were passed last year. amounted to flawed public policy that little guy is in declining incomes in a New tax cuts in the year 2011 will would, in fact, cost our country much slumping economy at the same time of have no immediate effect on our econ- more than the $1.35 trillion at which rising health insurance premiums; it omy. In fact, adding an additional $4 that tax bill was advertised. The true gets to the point they cannot afford it. trillion in debt during the next decade cost of that tax bill which advertised That includes the rising cost of pre- will only hurt our economy in the at $1.35 trillion, and allowed by the scription drugs. short term by pushing up interest budget resolution, over a 10-year period Interestingly, we can get 52 votes in rates. What we ought to focus on is the is closer to $2 trillion instead of $1.35 this Senate, a majority—plus 2—to slumping economy now and how to cor- trillion. Now we know. The administra- modernize Medicare with a prescrip- rect it. tion-supported tax cut plan that we tion drug benefit—but we can’t get the Right now, most Americans are dis- passed last year has a cost that ex- 60 votes required to cut off the fili- tracted with thinking about the war in plodes to $250 billion in deficit in the buster. Iraq and thinking about a war that is year 2011 alone. Because of the slumping economy, ongoing against terrorism. These are Now, after going from record sur- Americans are faced with growing un- life-and-death matters. These are the pluses to real deficits, we are seeing certainty over job security. With cor- gravest concerns of the Nation and just how bad that decision was last porate scandals, a slumping stock mar- should have our utmost attention, as it year. Now we are experiencing the ket, a growing national debt and var- has had over the last couple of months. worse market decline since the 1930s, ious forms of economic turbulence re- But we also must pay attention to our as evidenced by the slumping stock lated to September 11, it is no surprise bottom line and to the economic secu- market and again the 220-point loss that unemployment is rising at a stag- rity and the fundamental financial today in the Dow Jones Industrial Av- gering rate. We have recently seen an strength of America. erage. increase in the number of 60 to 70-year- To have military strength we need an The Standard & Poors 500 stock index olds in the workforce. They are trying undergirding of moral, and economic has lost nearly half of its value. In the to make ends meet. strength. With projected huge deficits last 2 years, Americans have seen the In the last 2 years, unemployment projected all over the rest of this dec- markets lose $5.7 trillion in value. That has jumped by 1.5 percent. More than 2 ade, can we really afford to dig an even amounts to $9.5 billion a day in losses million people, as I said earlier, have deeper hole in the next decade right at in value on the stock market. lost jobs in the last year and two quar- the time when the baby boomers are Homeowners now are having such a ters, and many who have lost their jobs going to start retiring and demanding hard time paying bills. Home fore- are having trouble finding new work. more in terms of retirement and Social closure rates have reached the highest In my Orlando office we have a bright Security and Medicare? rate in 30 years. That is another indi- college intern. This is a college grad- Last year’s administration spending cator. The poverty rate has reached an uate from one of our State universities and tax cut plan has resulted in today’s increased mark for the first time in 8 who cannot get a job. While this col- collision course of more deficits, more years and 1.3 million more Americans lege graduate is biding his time, he has debt, more economic insecurity, higher are now falling into poverty. Median very graciously come to offer his serv- interest rates, lower economic growth, household incomes have fallen for the ices as an intern in one of our Florida and lower employment. There is no first time in a decade. offices. way to sugar-coat that. You may as Another indicator is consumer con- Many who have lost their jobs, clear- well say it like it is. To anybody who fidence. Consumer confidence and con- ly are having trouble finding new work. says, ‘‘Oh, why didn’t you support the sumer spending have both fallen. Re- A million and a half people have been tax cuts,’’ I say I did. I supported a tax tail sales just took their worst drop unemployed for over 6 months. Now cut up to $1.2 trillion over a decade. since November of last year, and con- they are also losing their unemploy- But what we said at that time was that sumer sentiment has dropped to levels ment insurance. is a responsible, balanced approach. A last seen in the fall almost a decade Last month, the Bureau of Labor $2 trillion tax cut, particularly skewed ago, 1993. Statistics reported that in the previous to the latter end of the decade, is not Look at another indicator. The num- month, manufacturing lost 68,000 jobs; a responsible way to rejuvenate our ber of Americans without health insur- retail businesses lost 55,000 jobs. Last economy. ance rose by almost 1.5 million, to 41.2 month, over 8 million Americans were All of this is occurring right under million. In a nation of plenty, in a na- unemployed; over 2 million more, as we our noses. Yet it doesn’t seem as if tion where we pride ourselves on the said, above January of 2001 figures. there are a lot of folks in this Cham- best health care in the world, there are Two million fewer people are working ber, nor down there on Pennsylvania 41 million people who do not have to support their families and con- Avenue, who are paying much atten- health insurance. Not only are the low tribute to the economy. They are tion. and middle-income class families los- gone—two million taxpayers, two mil- I appreciate this ongoing dialog that ing income, but because of the esca- lion people forced to find other work we have had, but there seems to be a lating price of health care premiums because they lost their jobs. war coming in the Middle East. So we and prescription drug costs, they are In a slumping economy, it is no easy better be paying attention to other now also losing their health insurance. task to find new employment, as that battles. We must do something to rein- I thank the previous Presiding Offi- college graduate has found. People are vigorate our economy. We must pay at- cer, my colleague from Minnesota, for now spending over 17 weeks unem- tention to our Government’s bottom his personal interest. He is a soul ployed compared to an average of 12 line. We must not continue to raise the brother in what I am saying, and I ap- weeks a year and a half ago. debt for our grandchildren. preciate it so much. In my immediate The unemployment rate is rising—5.6 One of the things we can do in a past government job before having the percent last month compared to 3.8 slumping economy is get with the ap- privilege of coming to the Senate, I percent back in January of 2001, when propriate kind of tax cuts, and we can was the elected insurance commis- the three Senators I see on the floor stimulate the economy by getting dol- sioner of Florida. I can see the trends were sworn in. It is a little over a year lars into the pockets of people so they of the rising health insurance pre- and a half ago. The economy is failing, can go out and spend it. That could miums. There are a lot of factors on and we are arguing about the merits of start rejuvenating the economy. We that. But I will tell you, the economy extending unemployment compensa- have a Christmas season coming up. It is one big factor. Where it crunches the tion for American families. That is is going to be critical for retailers. We little guy, where it crunches those in what some of the argument concerns. can do that with a responsible tax cut.

VerDate Mar 15 2010 20:38 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16OC2.REC S16OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 16, 2002 CONGRESSIONAL RECORD — SENATE S10555 We could also do that by extending workers get their money back. If peo- percent from January of 2001 to the unemployment benefits. The unem- ple responsible for protecting their in- present time. Is that correct? I was ployment insurance system was de- vestments abuse that trust, as we have doing some mathematics here. Some- signed to provide aid when it is needed seen over and over again in the scan- one had holdings of $50,000 in January most. When the economy is healthy, dals that erupted last fall and that of 2001, and those holdings are now unemployment insurance revenue rises were played out in front of the commit- worth only $32,500; $17,500 of that would because taxes are being paid. Program tees of this Senate—we need to make it be lost. spending falls because there are fewer easier for workers to sell their com- Does the Senate recall the tax pack- unemployed. pany stock in those pension plans and age which I opposed as being skewed Conversely, in a recession, unemploy- diversify their holdings. unfairly to the rich and giving a few ment insurance revenues fall while Most importantly, what we need to hundred dollars in rebates to the aver- spending rises, helping to stimulate the do is have a serious debate about how age taxpayer? I was thinking to myself: economy. best to get our economy moving again. Whatever that amount is, to lose But the problem now is that Amer- We need to think outside the box and $17,500 out of a $50,000 retirement sav- ican families in this economic decline look at some fresh ideas such as those ings in a 401(k) or an IRA, it seems to which has existed over many months presented at last week’s bipartisan eco- me, is a pretty bad economic deal for are exhausting their benefits, and they nomic forum. most Americans. need our support. The unemployment What we need to do is get this econ- Does the Senator concur or is my insurance program was designed ex- omy moving again. That is what we math that bad? Mr. NELSON of Florida. The Senator actly for the situation we are in today. need to do. What we need to do is focus is absolutely right. And if you just put This is the rainy day for which unem- on the needs of constituents who elect- ployment insurance saves. If we would it in round terms of someone with a ed us to serve here in this Chamber and nest egg of $100,000 a year and two- extend those benefits from the required to make decisions for them, and to pro- number of weeks that are under law thirds ago, in January of 2001, that is tect them in these many ways that I only worth $65,000 today. They have now, it would amount to an economic have tried to enumerate in these re- stimulus in the most direct way, allow- lost $35,000 of value in their retirement marks. What we need to do is focus our portfolio, mirroring the stock market ing families to continue functioning attention and our resources on the while they search for jobs in this poor wealth, the total stock market wealth American working family members. down 35 percent between January of economy. It is a time of partisan politics. We In the 1980s, when I had the privilege 2001 and September of 2002. It is a sad are just before an election. I guess my of being at the other end of the Capitol commentary. only disappointment in Washington in in the House of Representatives, Demo- Mr. DAYTON. Will the Senator yield a job that I dearly love—I love the crats and Republicans came together for another question? work. I love the people, I love these to agree to extend unemployment in- Mr. NELSON of Florida. I am happy Senators, and they know I do. It is surance—three times. That is what we to yield to the Senator. with a spring in my step that I come to Mr. DAYTON. I appreciate the Sen- need to do today for some economic work every day. My only disappoint- ator going back to that point in time stimulus. when the two of us and the Presiding What we need to do is provide imme- ment is that this place gets too exces- Officer were sworn in here. I recall, for diate fiscal relief for States. We heard sively partisan, and it gets too exces- myself, the excitement I felt back then the Senator from West Virginia talking sively ideologically rigid and extreme. of the opportunities we had because the about the plight of the States. They So when the time comes, as the Good surpluses projected for the next decade, have this huge additional drain on Book says, ‘‘Come, let us reason to- gether,’’ there is a poisoned atmos- at that time, were $5.4 trillion. these Medicaid funds. States have di- I wonder if the Senator recalls, as I minished revenues. States need some phere and there is a rigidity and extre- mism so that it is hard to reach out can, the anticipation of all the good assistance from the Federal Govern- things we could do on behalf of the peo- ment on Medicaid, which is health care and bring people together. In a slumping economy, you have to ple of Minnesota, Florida, and the rest for the poor. Right now States are fac- of the country. ing severe budget shortfalls, and many be able to reach out and bring people together. You have to be able to have In my campaign, I made a promise of of them are finding themselves forced prescription drug coverage for every to cut bedrock services such as edu- Senators not insist that it is their way or the highway, but yet they have to senior in Minnesota and sent busloads cation, health care, and transpor- of seniors at the time up to Canada recognize there are many people in this tation. So the States need assistance where they could get prescription vast, broad, beautiful, complicated, and with these and other crucial programs. drugs for half or less than half the cost very diverse country who need to be What we need to do is to provide a of those same drugs in the United represented instead of just that par- strong bill to protect pensions. We States. have heard these heartrending stories ticular Senator’s point of view. That is I recall saying back then the solution about the people of the Enron Corpora- why our title is United States Sen- was not to bus every senior from Min- tion and other corporations such as ator—to represent the entire country nesota to Canada—and I think that WorldCom. They have been saving and and to represent all the people. would have been more problematic to playing by the rules. They have been I hope as we wind down in the closing travel from Florida to Canada—but the working hard and saving. Where have days of this session, as we address some solution was to provide the kind of cov- they been saving? They were saving in of these major economic problems, erage here from our Government that their corporate pension plan. They had that we will consider it in the spirit of the Canadian Government provides. a retirement system. building a consensus to solve these I wonder if the Senator from Florida We had several Floridians come up problems. recalls other instances of the kinds of here because Enron had many employ- Thank you, Madam President, for the hopes and dreams we shared back then ees of the Florida Gas Company in the privilege of addressing the Senate. as a freshmen group of Senators as to Orlando area with headquarters in Win- Mr. DAYTON. Madam President, will what we could do for this country, and ter Park. We had a number of those the Senator yield for a question? if you can think, as I can, back to the employees come up here and tell how Mr. NELSON of Florida. I certainly days when we were talking about sur- they had their entire life savings, and yield to a good friend, my colleague, pluses for 10 years rather than deficits. now—instead of having their nest egg my wonderful companion as a fresh- Mr. NELSON of Florida. We had of about $750,000—because of the scan- man, the Senator from Minnesota. hopes and dreams. Indeed, we had real- dals in that Enron Corporation, and be- Mr. DAYTON. I thank the Senator istic plans, if we had been conservative cause those pensioners were not pro- from Florida. in our approach, if we had been bal- tected, they had less than $20,000 of re- I want to be sure I heard the Senator anced in our approach with that pro- tirement left out of $750,000. correctly. jected surplus. We need a plan that allows workers First, I heard the Senator say earlier First of all, we said: Those economic to hold employers accountable and help that the stock market dropped by 35 projections for a surplus are way too

VerDate Mar 15 2010 20:38 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16OC2.REC S16OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10556 CONGRESSIONAL RECORD — SENATE October 16, 2002 rosy. Let’s be conservative in our plan- Mr. DAYTON. The Senator brought order to pass anything you have to get ning. Let’s scale back that projected up earlier today, along with the Sen- 60 of 100 Senators because of our rules surplus so we can be conservative in ator from West Virginia, this terrible to cut off debate? what we plan for the surplus. dilemma we face in the Senate, that we Mr. DAYTON. If I may indulge the Then we said: Let’s be balanced. cannot get a conference agreement Senator for just another minute, the Let’s have a substantial tax cut that with the House on concurrent receipt Senator from Florida, being a former would be about a third of the surplus, for our veterans, for those who have insurance commissioner and having and let’s take another third of the sur- served this country, for those who have such a large senior population, I won- plus and reserve that third, over the suffered injuries, disabilities, and the der if he could explain the point he just next decade, for the spending increases like. made about how the insurance compa- that need to occur, such as the Senator I believe the Senator was referring— nies themselves don’t want to provide talked about, which is modernizing maybe he could refresh my memory— the kind of coverage that some of our Medicare with a prescription drug ben- to the conference committee gathering colleagues claim would be the solution efit. this afternoon; we both serve on the to this problem. We knew, for example, defense ex- Armed Services Committee. I could not Mr. NELSON of Florida. Since our penditures were going to go up and, attend, but the Senator, as I under- colleague from Nevada has joined us, I therefore, there needed to be some stood correctly, said the House con- will use his State as an example. About spending increases there, and you could ferees did not even attend the gath- 4 years ago, the State of Nevada passed go on down a host of other items. ering. a prescription drug benefit that was Clearly, education was one of the They did pass in the House by over very similar to the one that has been major ones. We wanted to take a good 400 votes support for the Senate posi- sponsored by the White House and part of that surplus, projected over 10 tion. But the White House, if I recall that, in fact, has passed the House of years, and invest that in education correctly, has now said the President Representatives. It is a subsidy to in- back to the States and local govern- will veto the Defense authorization bill surance companies to provide a pre- ments that run the educational sys- because it includes concurrent receipt scription drug benefit. tems. because it costs too much money. In the case of the bill here, it is a Then what we said was, to balance it Back when this $2 trillion tax cut Federal subsidy. In the case of Nevada, out, the remaining third of that sur- was being discussed, this Senator does it was a State subsidy. But the fact is, plus we did not want to do anything not recall any real concern being ex- not one insurance company stepped with. We wanted that to be the surplus pressed that we could not afford it, and forward in Nevada, after the passage of from the Social Security trust fund I hear now, over and over again, we that law, to offer a prescription drug that was not going to be touched. That cannot do prescription drug coverage. benefit because the insurance compa- part of the surplus was going to pay We cannot even do Medicare reim- nies want to make money. They real- down the national debt over the next 10 bursement equalization. We cannot do ized they could not make money. years. concurrent receipt for our veterans. We Sure, we are having a problem with That balanced approach of a third, a cannot afford to do anything for bene- escalating costs of prescription drugs, third, and a third was going to get our fits for people, such as extending unem- and we should deal with that, too. The fiscal house in order, was going to re- ployment benefits, as the Senator question is, Are we going to fulfill our vive the confidence of the American in- pointed out, because we don’t have the promise to provide a legitimate and vestor in American companies because the economy was going to be stable. We money. But back when it was tax cuts workable prescription drug benefit to were not going to have all these dire for the wealthy, we seemed to have all senior citizens on Medicare? We have economic facts we have recited tonight the money we needed. offered that, and we have only gotten Mr. NELSON of Florida. The Senator that would not have occurred if we had 52 votes here. We have to get 60 to cut is correct. It is a sad commentary all been balanced in our approach. off debate. We need eight more Sen- Mr. DAYTON. I am glad the Senator these things that were promised to vet- ators, and then that thing will pass and brought up the balanced approach and, erans—that everybody was so eager, el- pass overwhelmingly. earlier, the Social Security surpluses. bowing one another aside to try to get But you see what is being blocked Of course, the Senator from Florida to the front of the line to support— right now. And then people back home has a great many senior citizens in his through such things as concurrent re- claim credit for voting for a version State, and I have a quite a number in ceipt, eager to get to the front of the that really is not going to be a work- mine. I would have even more if not so line to support a prescription drug ben- able version, as experienced in the lab- many of them would move to Florida efit for Medicare seniors—have all been oratories that we see out in our States. and enjoy your better climate. cast aside. Yet I cannot believe what I Mr. DAYTON. The people who watch But as I recall, President Clinton, am seeing on the television when I go us debate must wonder about the when he departed office, had left not home. I see all these TV advertise- mathematics of the Congress. The Sen- only a balanced budget for the first ments about how all these people who ator from Nevada, who is a champion time in this country in almost 30 years, have blocked a prescription drug ben- of the concurrent receipts legislation, but he had actually balanced the non- efit to modernize Medicare say they sees it passed by the Senate and then Social Security part of the budget. So have voted for one. Well, they voted for by over 400 votes in the House. And as the Senator said, the surpluses were one. They voted for a version that was then it does seem strange that these accumulating in the Social Security a subsidy from the Federal Govern- matters just can’t quite make it trust fund year by year that would pay ment to insurance companies sup- through the rest of the process to be- down, I believe it was, over $3 trillion posedly to provide prescription drug come law. of debt that would put our fiscal house benefits. But in every State where a This Senator holds out hope that the in order, that would be ready for the similar law has been passed to get in- administration, which is going to be baby boom retirement years. surance companies to provide a pre- visiting my home State of Minnesota— What happened to all of that finan- scription drug benefit, the insurance we have not seen such an interest by an cial responsibility in such a short companies will not do it because they administration in our State, in my own time? Does the Senator recall? Where cannot make money on it and, there- recollection—will come in and seize the did all that money go? fore, the senior citizens are the ones opportunity to support two things that Mr. NELSON of Florida. Two-thirds who suffer because they do not get the would be of great benefit to my State. of that projected surplus vanished pri- prescription drug benefit. One would be disaster assistance for marily because of the overeager, rosy, So isn’t it interesting they always our farmers who have now suffered the incorrect economic projections of a want to run to the front of the line and second year in a row, and another budget surplus, plus absorbing so much talk about how they are for all of these would be the support for concurrent re- more of the existing surplus from a tax things, but when it comes to doing it, ceipt for our veterans. It would seem a cut that exceeded that balanced ap- where are the votes, particularly in a fitting way to recognize the kind of proach I talked about. body such as the Senate, in which in suffering some are still going through

VerDate Mar 15 2010 20:38 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16OC2.REC S16OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 16, 2002 CONGRESSIONAL RECORD — SENATE S10557 and also the kind of contributions that ning, we have already worked with the plemental Feeding Program for WIC, have been made, once again, to see that House to pass two continuing resolu- funding would be reduced by $114 mil- there would be the same enthusiasm tions, the last of which expires on Fri- lion below current levels, meaning less for fitting within this budget frame- day. will be available for families that de- work some of the benefits we would The House of Representatives has pend on this program; Social Security like to provide for our citizens, the just passed and sent to the Senate a claims, no funding for the President’s same as we provide for the very third continuing resolution. House Re- increase to process and pay benefits to wealthiest corporate executives who publicans are now proposing that we millions of Social Security recipients. seem to be doing very well despite the leave town and let the Government run In addition to the program cuts list- difficult economic times. on autopilot until November 22. ed by Chairman YOUNG, the House CR I thank the Senator from Florida for Why November 22? By picking a Fri- omits assistance for thousands of farm- bringing these matters to the Senate day a week before Thanksgiving, House ers all over this country who are con- this evening. It was an excellent dis- Republicans are signaling they are not fronting the worst drought in more cussion. I look forward to our con- serious about completing the appro- than 50 years. tinuing it again soon. priations bills in November either. It This is the wrong way to do business. Mr. NELSON of Florida. I thank my will be extraordinarily difficult, in the We should be completing our work on distinguished colleague. It is always a several days before Thanksgiving, for the bipartisan appropriations bills, not pleasure to hear from him. I appreciate us to get all the parties together to cutting education, veterans affairs, his undergirding of my comments this settle all the issues that have been in- homeland security and other important evening. soluble for the past several months. priorities. I yield the floor and suggest the ab- The House Republican proposal Each of these bills properly funds key sence of a quorum. seems designed to be an auto-pilot priorities. And, most importantly, each The PRESIDING OFFICER. The until next year, a recipe for a CR that enjoyed the unanimous support of the clerk will call the roll. starves basic Government programs es- Democrats and the Republicans on the The legislative clerk proceeded to sential to the health and well-being of Committee. call the roll. millions of Americans. Indeed, several There is no reason why the full Sen- Mr. REID. Madam President, I ask leading Republicans have indicated ate cannot do the same. Passage of unanimous consent that the order for this is really their preference. these bills would fund Government for the quorum call be rescinded. Senators should not be under any il- a year, with no need for any more stop- The PRESIDING OFFICER. Without lusion: a long-term CR will do just gap, starvation diet CRs. objection, it is so ordered. that. It will starve vital functions of Regretfully, our Republican col- Government. And you don’t have to f leagues in the House have refused all take my word for it. According to Rep- year to consider appropriate funding MORNING BUSINESS resentative BILL YOUNG, the Repub- levels for crucial functions of Govern- Mr. REID. Madam President, I ask lican chairman of the House Appropria- ment, even though all Senators on the unanimous consent that the Senate tions Committee, a long-term CR, Senate Appropriations Committee, now proceed to a period of morning ‘‘would have disastrous impacts on the Democrats and Republicans, were able business with Senators allowed to war on terror, homeland security, and to agree on all 13 bills. speak for up to 10 minutes each. other important Government respon- The difference between the aggregate The PRESIDING OFFICER. Without sibilities.’’ total of spending for the bipartisan objection, it is so ordered. Chairman YOUNG wrote that sentence Senate bills and the aggregate total in a memo he sent to Speaker f proposed by the House Republican HASTERT. The memo went even further, budget resolution is roughly $9 billion UNANIMOUS CONSENT detailing the impact of a CR on a host in budget authority. That’s a tiny frac- AGREEMENT—H.J. RES. 123 of important domestic programs. Here tion of the $5.6 trillion 10-year surplus Mr. REID. Madam President, I ask is a sampling of what Chairman YOUNG that’s been squandered since the cur- unanimous consent that when the Sen- said will be cut: FBI, funding to hire rent administration came to office. ate receives a continuing resolution additional agents to fight terrorism To hold up funding for all the non-de- from the House, provided it is identical and to continue information tech- fense areas of Government in order to to H.J. Res. 123, the Senate proceed to nology upgrades would be denied; bio- claim credit for fiscal responsibility consider the resolution, that it be read terrorism, no funding for President’s over such a tiny proportion of overall three times and passed, and the motion $800 million initiative to increase fund- spending is the height of irrespon- to reconsider be laid upon the table, all ing for new basic bioterror research, to sibility. without intervening action or debate. develop and test a new improved an- Unfortunately, it is crystal clear The PRESIDING OFFICER. Without thrax vaccine, and to assist univer- that is precisely what our Republican objection, it is so ordered. sities and research institutions; first colleagues would like to see happen. Mr. REID. I now ask unanimous con- responders, no funding for President’s They want to run the Government on a sent that a copy of the resolution be $3.5 billion initiative to provide assist- starvation diet into next year. Because printed in the RECORD upon the grant- ance to local law enforcement, fire de- the House resolution is now the only ing of this consent. partments, and emergency response way to keep the Government oper- There being no objection, the joint teams; SEC/corporate responsibility, ating, it will be passed by voice vote. resolution was ordered to be printed in insufficient funding to support current But I want to be very clear that, if the RECORD, as follows: staffing requirements let alone signifi- there had been a recorded vote on this H.J. RES. 123 cant staff increases needed to monitor measure, I would have voted no. Resolved by the Senate and House of Rep- corporate behavior; veterans medical Mr. REID. Madam President, basi- resentatives of the United States of America in care, long-term CR would leave vet- cally what we have just done is pass a Congress assembled, That Public Law 107–229 erans medical health care system at continuing resolution until November is further amended by striking the date spec- least $2.5 billion short of expected re- 22. This is done with some trepidation ified in section 107(c) and inserting in lieu quirements; firefighting, $1.5 billion and really with the complete under- thereof ‘‘November 22, 2002’’. taken from other Interior Department standing that this is not the right way Mr. DASCHLE. Mr. President, as we programs to pay for firefighting costs to run Government. It would have been all know, Congress has not yet com- will not be replaced; Pell grants, a so much better had we been able to pleted action on 11 appropriations bills. freeze in this program will result in a pass our appropriations bills. We have These bills fund such important domes- shortfall of over $900 million; Medicare not been able to do that. We have 13 ap- tic priorities as homeland security, claims, no funding for the President’s propriations bills we should pass every education, and veterans medical care. $143 million increase to ensure that the year. I don’t have the exact number, In order to keep these important growing number of claims are proc- but I think following the passage of the functions of Government up and run- essed in a timely manner; Special Sup- Defense appropriations bill, we have

VerDate Mar 15 2010 20:38 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16OC2.REC S16OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10558 CONGRESSIONAL RECORD — SENATE October 16, 2002 passed four bills, maybe only three, There being no objection, the mate- was just signed this past June. Under a long- leaving tremendous work that should rial was ordered to be printed in the term CR, the effort will have to be scaled have been done in committee. RECORD, as follows: back due to lack of funding. This will impact shipyards, design companies, aircraft manu- We have tried on a number of occa- MEMORANDUM sions to offer consent resolutions that facturers, and integration companies, all To: Speaker Hastert. around the country. we could pass the appropriations bills. From: Chairman C.W. Bill Young. Bioterrorism—President has proposed a Senator BYRD wanted to ask unani- Re: Impacts of a Long-term Continuing Res- nearly $800 million increase for new, basic mous consent that we pass them all at olution. bioterror research, $250 million to develop once. They passed the Appropriations Date: October 3, 2002. and test a new improved anthrax vaccine, Committee unanimously; that is, Pursuant to my October 1st correspond- and $150 million to assist universities and re- Democrats and Republicans approved ence regarding the state of the appropria- search institutions in upgrading research fa- these bills. So it is just a shame. tions process, I want to provide you with fur- cilities to conduct secure, comprehensive re- In fact, the chairman of the House ther analysis of the potential impacts of a search on biolgogical agents. None of these long-term continuing resolution (CR). These Appropriations Committee, a Repub- important initiatives to combat, study and projections assume a current-rate CR exclud- prevent bio-terrorism would be funded under lican, sent a resolution to Speaker ing one time expenditures that extends a long-term CR. HASTERT, which has been around. Other through February or March. Border Patrol/INS—Efforts to deploy any people have seen it. It is not very pri- A long-term continuing resolution (CR) additional Border Patrol agents and immi- vate. It is one of those things here in that funds government operations at FY02 gration inspectors at land ports-of-entry Washington that is about as private as levels would have disastrous impacts on the along both the northern and southern bor- going to Tysons Corner shopping—not war on terror, homeland security, and other ders would be stalled. Likewise, construction very private. It is a memo to the important government responsibilities. It projects that are necessary to house these Speaker from the chairman of the Ap- would also be fiscally irresponsible. It would additional Border Patrol agents would be de- fund low-priority programs the President has layed. No funding would be available to con- propriations Committee. proposed to eliminate. Among other things, he says: tinue planning and implementation of the Homeland Security—The President has INS’ Entry Exit system, a program designed A long-term continuing resolution (CR) proposed a nearly $40 billion increase for to facilitate more secure and controlled ac- that funds government operations at FY02 homeland security in his FY03 budget. None cess to this country by non-U.S. citizens. levels would have a disastrous impact on the of these funds would be provided under a First Responders—The President has pro- war on terror, homeland security, and other long-term CR. Assuming Congress completes posed a new initiative to provide $3.5 billion important government responsibilities. work on creating a Department of Homeland in assistance to local law enforcement, fire He sets out, in a four-page memo- Security, a long-term CR would leave this departments and emergency response teams randum, all the things that would be new agency with very little resources to across the Nation. No funds would be pro- hurt. He does list those, including So- carry out its new mission. vided for this program, one of the highest do- cial Security, Pell grants, Medicare Projects—A long-term CR ensures that no mestic security priorities for the President claims, a large number of items. And Member of Congress would receive a single and his Homeland Security advisor, Tom project. The Committee has received tens of he leaves out a number of them that I Ridge. thousands of requests for billions of dollars Hospital preparedness—We would not have personally believe and many Demo- from almost every Member of Congress. sufficient funds to assist hospitals in making crats believe are as important as those War Supplemental—It is likely that the the necessary infrastructure improvements he lists in this memorandum that first item Congress will consider when we re- and expansions so that they are prepared to should be passed. convene after the election is a major supple- respond to bio-terrorism emergencies. Had this matter come before the Sen- mental to fund possible military operations Diplomatic security—We would not have ate and there had been a rollcall vote, in Iraq. It would be highly problematic to ex- the funds to hire additional State Depart- there is no question that a significant pect the Congress to complete work on 11 ment security staff for deployment overseas, number of Democrats would have voted spending bills while working on an urgent or to carry out needed technical and physical war supplemental. in opposition. That is the way things security upgrades. Office of Homeland Security—The Office of worked out. We could not be respon- HOMELAND SECURITY IMPACTS OF LONG-TERM CR Homeland Security was funded through the sible for shutting down Government, $20 billion supplemental. Under a clean CR, because that is what it would have FBI—We would not have sufficient funding to hire additional agents to fight terrorism this office would not be funded. amounted to. and to continue IT upgrades that will help PROGRAMMATIC IMPACTS OF LONG-TERM CR We are doing this reluctantly. I hope the FBI ‘‘connect the dots’’ through data SEC/Corporate Responsibility—We would that when we come back, Chairman mining proposals and other information in- not be able to fund current staffing require- YOUNG prevails and at that time we can frastructure enhancements. ments, let alone support significant staff in- sit down and pass the appropriations TSA—Efforts to improve aviation, mari- creases needed to fight corporate fraud and bills. It is important to every State in time and land security would be seriously protect investors. the Union that we do this. curtailed. Port, cargo, and trucking security Veterans—The veterans medical care sys- There is a tremendous need to do would seriously deteriorate. If emergency tem will likely be at least $2.5 billion short things such as Government setup, such funds are excluded from the CR calculation of expected requirements. Veterans would be as pass the yearly appropriations bills. (which is historically the case), TSA would deprived of significant increases in medical be under an annual rate of $1.5 billion for the care proposed by the President and the This is not the right way to fund Gov- life of a long-term CR. This would be only House budget resolution. ernment. 28% of their FY03 budget request ($5.3 bil- NIH—We would not be able to scale-up sig- Some have said, including Senator lion). At this level, it is unlikely TSA could nificantly Federal support for bio-prepared- Pat Moynihan, that this is a plan. maintain their current workforce of 32,000 ness research and development as proposed These programs that they want to screeners as well as air marshals. TSA would by the President. Anthrax vaccine research hurt, they can’t do it head on, they likely face personnel RIF’s. Most airports and development also would be slowed. It can’t do it directly, so they do it indi- would not be able to meet the deadlines for would forgo the nearly $4 billion proposed for rectly. security improvements established by Con- the National Institutes of Health which is I am glad that Government is going gress last December. consistent with Congress commitment to Coast Guard—The Coast Guard is request- double funding for NIH over a set period of to be funded. We went through the ing a large ($500 million) budget increase in time. Gingrich years where he and his com- FY03, and much of this is to hire additional Foreign Operations—Afghanistan recon- patriots shut down the Government. security personnel, such as Maritime Safety struction, including the famous Presidential We are not going to do that. We are and Security Teams to patrol harbors and re- ring road, would stall, increasing chances going to act responsibly. That is why spond to suspicious activity. It also includes that unrest and killings would resume there we allowed this measure to go forward. funds to expand the sea marshal program, as the Iraq matter comes to a head. It will But we do it with concern, reservation, which escorts DoD and high-risk commercial severely cut the U.S. contribution to the and, as I have indicated, with trepi- ships into port. Under the FY02 level, these Global Fund to Fight AIDS, Tuberculosis safety expenses would be deferred, or would and Malaria and reduce by 30% funds for dation. require diversion of funds from other critical Plan Colombia. I ask unanimous consent to print in missions such as drug interdiction or search Firefighting—Interior has already spent the RECORD the memorandum from and rescue. Coast Guard ‘‘deepwater’’ pro- $1.5 billion on firefighting above what pro- Chairman YOUNG and Speaker HASTERT gram is slated to expand from $500 million in vided in FY02. This has come at the expense to which I referred. FY02 to $725 million in FY03. The contract of other programs including Member

VerDate Mar 15 2010 20:38 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00076 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16OC2.REC S16OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 16, 2002 CONGRESSIONAL RECORD — SENATE S10559 projects. These bills would not be paid under The PRESIDING OFFICER (Mr. DAY- the authorities. It will allow those a long-term CR. TON). Without objection, it is so or- wary of contacting law enforcement a Pay—All agencies would have to absorb dered. safe place to do so, while making it Federal employee pay increases due in Janu- ary. This will make it much more difficult Mr. REID. Mr. President, my under- possible for law enforcement and miss- for agencies to operate under a current rate standing is we are in a period of morn- ing children agencies to send email and result in widespread layoffs and fur- ing business. Is that right? alerts to thousands of individuals in- loughs. The PRESIDING OFFICER. The Sen- stantaneously. Pell Grants—A freeze in the Pell program ator is correct. In the end, I believe that this act will will result in the accumulation of a signifi- f make the Nation a safer place for our cant shortfall. There will be a shortfall of children. The National Center for Miss- over $900 million, even when factoring in the MISSING CHILDREN’S ASSISTANCE ing and Exploited Children has done a $1 billion supplemental appropriation pro- ACT vided to the program in fiscal year 2002. tremendous job of raising the nation’s DEA—We would be unable to hire new Mr. BIDEN. Mr. President, I rise awareness of child abduction, and this agents in response to FBI restructuring, today as an original cosponsor of the act will make it possible for the Center which shifted 400 FBI drug agents to Missing Children’s Assistance Act and to continue with these endeavors. I counter-terrorism. We have proposed to hire to urge its prompt consideration by urge support for the Missing Children’s hundreds of new agents to fight the war on this body. drugs. Not a single new agent would be hired Assistance Act. It is fundamental that The Justice Department recently re- our children’s safety remain at fore- under a long term CR leaving a significant ported that in 1999, 797,500 children gap in the federal government’s drug en- front of our national agenda. were reported missing to police or to forcement capabilities. f GSA Construction—No new starts for any missing children’s agencies. That is GSA line-item construction ($630 million); equivalent to a startling 11.4 children BANKRUPTCY CONFERENCE would delay $300 million for 11 courthouse per 1,000 in the U.S. population. There REPORT construction projects, $30 million for 6 bor- were 58,200 children who were victims Mr. GRASSLEY. Mr. President, I der station construction projects, and $300 of a non-family abduction in 1999. One million for 5 other construction projects, in- would like to inform my colleagues cluding funds for consolidating Food and hundred fifteen of these children were that I have requested to be notified of Drug Administration facilities, a major Cen- taken in a manner that we would think any unanimous consent agreement be- sus building, and the US mission to the UN of as a stereotypical kidnapping, and fore the Senate proceeds to the consid- in New York. Projects would become more tragically, in half of these cases, the eration of S. 3074 or any other legisla- expensive due to inflation. child victim was sexually assaulted by tion creating new bankruptcy judge- Campaign Finance Reform—No funding for the perpetrator. These statistics are ships. I believe that these changes implementation of the Bipartisan Campaign unacceptable. As a Nation we should Reform Act making it difficult for the Fed- should be enacted as part of the com- eral Elections Commission to implement the strive every day to eliminate the prehensive bankruptcy reform con- reforms signed into law by the President. scourge of abducted children. ference report. Majority Leader Federal Prisons—Insufficient activation That’s exactly what the National DASCHLE has indicated that there will funds to four Federal prisons that are sched- Center for Missing and Exploited Chil- be a lame duck session, and he has in- uled to open in FY 2003, exacerbating the al- dren is all about. Since it was estab- dicated that the bankruptcy conference ready overcrowded conditions in the Federal lished in 1984, the Center has served as prison system. report will be taken up and passed. So Medicare claims—We would not be able to a resource to parents, children, law en- I urge my colleagues in the House and provide additional funding, as proposed by forcement, schools, and the community Senate to pass the comprehensive the President, to handle the increased Medi- to assist in the recovery of America’s bankruptcy reform conference report. care claims volume in a timely manner. The abducted children. It has worked on f President proposed a $143 million increase to over 73,000 cases of missing and ex- adequately process the growing number of ploited children and successfully re- CONFLICT DIAMONDS claims. A long term CR would significantly turned more than 48,000 of these chil- Mr. LEAHY. Mr. President, recently, slow down the claims process and unneces- sarily inconvenience Senior Citizens who de- dren to their families. The Center is the Prosecutor for the Special Court pend on Medicare. constantly striving to raise the Na- for Sierra Leone briefed the staff of the Yucca Mountain—A CR at the FY2002 en- tion’s awareness of preventative meas- Foreign Operations Subcommittee. He acted level of $375M would significantly cut ures that can be taken to keep our spoke about his efforts to prosecute DOE’s nuclear waste repository program by children safe from abduction, sexual those responsible for the horrific over $200 million. This would cause real exploitation, and molestation. These crimes that were committed there and delays in the scheduled opening of the facil- notable endeavors have contributed to to help this nation emerge from a trag- ity. The Special Supplemental Feeding Pro- a substantial increase in nation’s re- ic episode in its history. gram for Women, Infants, and Children (WIC) covery rate of missing children from a Whenever something like this occurs, would be reduced $114 million from current dismal 61 percent in the 1980s to 91 per- the question that first comes to mind levels. This would result in less assistance cent today. is why did it happen? Was it a political being available for families who depend on For these reasons, I rise today with struggle? Was it because of religious this important program, especially in uncer- the Senator from Utah and the Senator extremism or ethnic hatred? Unlike tain economic times. from Vermont to introduce the Missing The Food and Drug Administration would Yugoslavia or Rwanda, most experts be reduced by $138 million which would re- Children’s Assistance Act. This act will believe that the driving force behind sult in immediate furloughs and RIFs among expand the ability of the National Cen- this brutal conflict was control of re- newly hired employees responsible for en- ter for Missing and Exploited Children sources, especially diamonds. hanced availability of drugs and vaccines, to protect our children by doubling the The problems associated with con- and for increased food safety activities (pri- Federal contribution to the Center to flict diamonds in Sierra Leone are not marily surveillance of imported food prod- $20 million a year and by ensuring that confined to West Africa. They also ucts, an identified vulnerability). Congress will continue to support the have an impact in the United States. Social Security—The President also asked for a significant increase in funds to process Center’s noteworthy efforts through According to the Washington Post, al and pay benefits to the millions of Social Se- 2006. The act also authorizes the cre- Qaeda reaped millions of dollars from curity recipients. ation of a CyberTipline. As technology the illicit sale of diamonds, and law en- Mr. REID. I suggest the absence of a continues to transform and modernize forcement officials have said that in quorum. our lives, we must make provisions to order to cut off al Qaeda funds, you The PRESIDING OFFICER. The insure that our children will be safe have to cut off the diamond pipeline. clerk will call the roll. from perpetrators who prey on children With all that is happening in the The legislative clerk proceeded to through the Internet. The CyberTipline world, it may be understandable that call the roll. will provide a forum for individuals to the issue of conflict diamonds is not Mr. REID. Mr. President, I ask unan- contribute tips and suspicions of Inter- front page news. However, we are start- imous consent that the order for the net-related and other types of sexual ing to make some progress on this im- quorum call be rescinded. impropriety directed towards minors to portant issue.

VerDate Mar 15 2010 20:38 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00077 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16OC2.REC S16OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10560 CONGRESSIONAL RECORD — SENATE October 16, 2002 The Administration has been work- problem became painfully clear fol- facilitating the issuance of fraudulent ing to help create an international re- lowing the terrorist attacks of Sep- licenses, and call for the timely post- gime aimed at stopping the trade in tember 11, 2001, when we learned that a ing of convictions incurred in any conflict diamonds. Initiated by a group number of the terrorists had obtained State on the driver’s license. of African nations, the Kimberly proc- State-issued driver’s licenses or identi- Driver’s licenses are used by minors ess has the support of a diverse group fication cards using fraudulent docu- to purchase alcohol and cigarettes, by of non-governmental organizations and ments. criminals involved in identity theft, the diamond industry. Almost half the States have taken and for many other illegal purposes. In March 2002, the last full session of action since the terrorist attacks to Improving the security of the license is the Kimberly process was completed tighten licensing procedures and I am a matter of common sense. and has now reached a point where the encouraged that the National Gov- I am confident that this legislation individual countries involved need to ernors Association has formed a home- will provoke meaningful and lively de- pass implementing legislation. In the land security task force that, among bate, as well as more ideas about how United States, some modest legislation other things, will be working to deter- to approach driver’s license security. It may be enacted before the end of this mine the best way for States to may not be possible, given the press of year. strengthen their driver’s license stand- other business, for the bill to be passed While I am glad that Congress may ards and authority. However, Senator this year. Nevertheless, this proposal pass something on conflict diamonds DURBIN and I believe there is a legiti- will provide a foundation for discussion this year, there must be a serious ef- mate role for the Federal Government and deliberations next year as we work fort next year to get stronger legisla- to play in leading and coordinating to reauthorize the Transportation Eq- tion signed into law. State efforts to improve driver’s li- uity Act for the 21st Century, TEA–21. Senator DURBIN has introduced im- cense security. In addition, because of f portant implementing legislation, and the estimated costs and coordination REMEMBERING CHARLES he is working with the administration, required to improve driver’s license se- GUGGENHEIM a bipartisan group of Senators, includ- curity, the States cannot resolve the ing Senators DEWINE and BINGAMAN, issue on their own. Mr. HOLLINGS. Mr. President. Let and a range of non-governmental orga- The proposal we introduced would re- me first ask unanimous consent to nizations such as Oxfam and Catholic quire the Department of Transpor- have printed in the RECORD ‘‘The Relief Services to come up with effec- tation, DOT, to work in consultation Filmmaker Who Told America’s tive legislation that we can all support. with the States to establish minimum Story’’ by Phil McCombs that appeared I am encouraged that the administra- standards for proof of identity by driv- in the Washington Post last week. tion is consulting with Congress and er’s license applicants. Currently, per- There being no objection, the mate- has named Ambassador Bindenagle, a sonnel in departments of motor vehi- rial was ordered to be printed in the career diplomat with experience in cles are called upon to perform the dif- RECORD, as follows: complex negotiations, to lead this ef- ficult task of verifying numerous dif- [Washington Post, Oct. 10, 2002] fort. ferent types of birth certificates, li- THE FILMMAKER WHO TOLD AMERICA’S STORY But, there must be more than an ex- censes from other States, proof of resi- (By Phil McCombs) change of views on this issue. The ad- dency, and other documents. Only 18 He raced against death, and won. ministration must also seriously con- States verify an applicant’s social se- Oh, how Charles Guggenheim would have sider Congressional proposals to move curity number with the Social Security not liked putting it so directly! beyond the Kimberly process. Administration and there is no system The great film documentarian, who died at For example, a major flaw in the today to verify the validity of a driv- Georgetown University Hospital yesterday of Kimberly process is that it does not er’s license being surrendered to obtain pancreatic cancer at 78, left a life’s work of subtle, passionate cinematic hymns to what cover polished diamonds. This is im- a license in another State. This legislation would also require he called, in a last message to friends, ‘‘the portant for two reasons. Polished dia- essential American journey.’’ monds contribute significantly to the DOT, in consultation with the States, His final film, finished just weeks ago, problems associated with the illicit to establish minimum standards for limns a shocking episode of that journey— trade in diamonds, and the United the license itself to make it more tam- the ‘‘selection’’ by Nazis of 350 U.S. troops States is far and away the world’s larg- per-proof and less susceptible to coun- captured in the Battle of the Bulge in 1944 est market for these types of diamonds. terfeiting. DOT would also be directed for deportation to a concentration camp be- Clearly, this is an area where the to complete a study of the feasibility, cause they were Jews or ‘‘looked Jewish.’’ costs, benefits and impact on personal Guggenheim, the son of a well-to-do Ger- United States needs to show leader- man Jewish furniture merchant in Cin- ship. privacy of using a biometric identifier cinnati, easily might have been one of them. As chairman of the Foreign Oper- on driver’s licenses. The intent is not His unit was decimated in the battle, but ations Subcommittee, I will do what I to create a national driver’s license or he’d been left behind in the States with a can to ensure that resources are avail- identification card, but to improve the life-threatening infection. able for developing countries that want security of State-issued licenses For more than half a century, as hints and to enhance their capacity to imple- through the use of digital photographs, incomplete versions of the story surfaced, it gnawed at him. A few years ago, he began ment Kimberly. holograms and other devices. In addition, the bill would use the ex- searching for survivors—and found them. I look forward to working with the Early this year, just as Guggenheim was administration to make substantial isting database for commercial motor working on the ‘‘death march’’ sequence, his progress on this issue next year. It will vehicle drivers as the platform for cre- cancer was diagnosed. not be easy, but it can be done. ating a driver record information sys- For the next six months, he’d work all week on the film, have chemotherapy on Fri- f tem on all licensed drivers. The new system, like the current one, would be day, sleep through the weekend and be back DRIVER’S LICENSE FRAUD a pointer system to State records, on the job Monday. PREVENTION ACT rather than a national database of in- A few weeks ago, as he and his daughter, Grace—producer of this and many of his Mr. MCCAIN. Mr. President, I am formation on drivers. It is this new sys- films—were ‘‘mixing’’ the final version, he pleased to have joined Senator DURBIN tem that would help States verify the began suffering painful attacks. The cancer in introducing the Driver’s License validity of licenses previously held, de- had invaded his stomach. Fraud Prevention Act. termine whether an individual holds ‘‘He’d have to lie on the couch while we Today’s patchwork of State laws, more than one license, and provide in- worked,’’ Grace Guggenheim recalled. regulations, and procedures for the formation on the individual’s driving By then, her father was thin and drawn— issuance of driver’s licenses makes it record. Further, the bill would prohibit not unlike his former comrades after they were liberated by U.S. forces following all too easy for problem drivers and the disclosure or display of an individ- months of slave labor in a satellite camp of criminals to obtain multiple licenses ual’s social security number of a driv- Buchenwald. to hide traffic convictions and other er’s license, increase criminal penalties ‘‘Does it occur to you,’’ Guggenheim’s old criminal activity. The extent of the for fraudulently issuing, obtaining or friend, historian David McCullough, asked

VerDate Mar 15 2010 20:38 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00078 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16OC2.REC S16OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 16, 2002 CONGRESSIONAL RECORD — SENATE S10561 him in an interview last month, ‘‘that maybe I remember seeing Guggenheim at the July Grace Guggenheim read a message to the you were spared to make this film?’’ 4 festivities at the National Archives on the group dictated by her dad from the hospital. ‘‘Well,’’ Guggenheim answered, ‘‘I felt a Mall last year. He could have sat with the ‘‘Many people know about the Constitution deep obligation more after I met the [sur- dignitaries on a dais above the crowd but and the Declaration of Independence,’’ he’d vivors] than I did before. . . . I said, ‘I owe chose to stand at a spot down below where he said, ‘‘but few know the treasures held in the them something.’ ’’ Thoughts of his old com- could watch the faces of the people. millions of feet of film, in the countless rades courage, he added, were a ‘‘source of ‘‘Look at them!’’ he marveled. ‘‘They’ll maps and pictures and letters . . . strength for me’’ as he persevered in his bat- wait in line all day just for a chance to see ‘‘Story after story is revealed from the tle with cancer to finish the film. the Constitution and Declaration of Inde- work that is accomplished every day at the Just as ‘‘Berga: Soldiers of Another War’’ pendence.’’ archives—the incomparable truths, all tell- was done, Guggenheim’s strength evapo- Born dyslexic, he had a gift for hearing the ing and retelling what is the essential Amer- rated. He began staying home, sleeping most nuances of common speech. In his films, he ican journey.’’ of the time as his wife, Marion—his steadfast lets the voices of participants carry the sto- The guests filed into the theater, the lights supporter for half a century—tended to him. ries whenever possible. went down. When I visited a few days after ‘‘It was over. I mean, it was quiet, as if A long-faded archival photo appeared on McCullough, Guggenheim was weak but still nothing had happened,’’ says the haunting the screen, the camera panning slowly across very much himself—that enormous charm, voice of a former GI in ‘‘D-Day Remem- it—fresh-faced American GIs of World War the bright sense of humor, that smile of his bered.’’ ‘‘The beach was not any general’s II, in formation. that sparkled like the sun. business. They had no say, none what-some- Then the narrator’s voice—clear, strong: He worried that ‘‘Berga’’ was being dis- ever.’’ ‘‘This picture was taken over 50 years ago. cussed in the media too soon, since it’s not ‘‘I cry when I hear that,’’ Guggenheim once World War II. My company. I’m in there due for release until next April. But he was confided. someplace. I can remember their faces just sure of one thing. And these, from the liberation sequence in like yesterday. And they went overseas, and ‘‘This film will hit you right in the gut.’’ ‘‘Berga’’: I didn’t, and some of them didn’t come back. Sanford Lubinsky: ‘‘It got quiet. And then ‘‘And I’ve been thinking about it for 50 STARRING EVERYDAY PEOPLE we heard that firing start up again.’’ years, wondering why it didn’t happen to me. Guggenheim was a giant. Edward Slotkin: ‘‘And we look out the ‘‘That’s why I had to tell this story.’’ In a career that spanned almost six dec- front . . .’’ THAT GUY FROM ST. LOUIS ades, he received 12 Academy Award nomina- Leo Zaccaria: ‘‘And up the road comes this tions and four Oscars for his documen- Heavily medicated in the hospital last tank. American tank.’’ week, Guggenheim still had glorious mo- taries—a feat matched only by Walt Disney. Lubinsky: ‘‘When I saw that American flag ments with Marion, Grace and his sons, Yet acclaim never sullied this modest, coming down that road, nothing looked so Davis and Jonathan, both in film work. friendly man who lived a quiet family life in beautiful in all our born days. That Amer- Washington. Though many of his friends ‘‘One day he had a resurrection of being ican flag, our flag, sure looked beautiful. It’s alert,’’ Grace said. ‘‘He hugged us all and were powerful figures, ‘‘he can sort of take it a very beautiful thing when you haven’t seen or leave it,’’ as former Missouri representa- said, ‘I just want to live with you!’ ’’ it for a long while. It’s a beauty!’’ ‘‘He charmed the doctors and hospital tive Jim Symington once said. ‘‘He’s an art- The narrations Guggenheim wrote in sup- staff. He wanted to show them the film and ist.’’ port of the voices were spare, existential. tell them, ‘This is what you helped me Understatement was Guggenheim’s signa- ‘‘The sea was welcoming,’’ narrates a deep- make.’ ’’ ture—but it mounts in his films until, often, voiced McCullough in the D-Day film, ‘‘as if Through his window, ‘‘he could look out you can’t help but cry. it were paying its respects to the men who In ‘‘The Shadow of Hate’’ (1995), his and see a big American flag.’’ had fallen, who out of a nation of millions They reminisced: How Davis practically wrenching study of bigotry, a dead African had been selected, for reasons known only to American male is shown, hanging from a had to order his reticent father to narrate fate, to represent us on the beach that day.’’ ‘‘Berga’’ in the first person . . . how every- branch, in a long-faded archival photo. Guggenheim had a second hat, too. He was thing had gone so perfectly filming on loca- Guggenheim’s camera pans the white a founding father of the televised political tion in Germany, snow just when they need- crowd, posing under the lynching tree; stops campaign commercial. ed it. at a little girl in a pretty dress; slowly As a young independent filmmaker in St. Then, a letter arrived from Guggenheim’s zooms in. Louis in 1956, he’d accepted an offer to run old friend, producer George Stevens Jr., and She has a shy smile. presidential candidate Adlai Stevenson’s TV Grace read it to her father. Yet his outrage at injustice (‘‘Nine From campaign—Guggenheim needed the money— In 1962, Stevens recalled, he’d just arrived Little Rock,’’ on the 1957 school integration and then gone on to work for other can- from Hollywood to do documentaries for Ed- crisis; ‘‘The Johnstown Flood,’’ about ne- didates. ward R. Murrow’s U.S. Information Agency glect of a dam by wealthy industrialists that His client list amounted to a veritable po- when word came that a young filmmaker led to 2,200 deaths in 1889; and ‘‘A Time for litical lexicon, including Kennedy, Gore Sr., from St. Louis had seen a USIA film so bad Justice,’’ on the civil rights movement, all Symington, McGovern, Moss, Shapp, Brown, it made him ‘‘ashamed to be an American.’’ won Academy Awards) merely underscored Hays, Brademas, Ribicoff, Metzenbaum, ‘‘Find me that guy from St. Louis!’’ Ste- his fierce love of America. Goldberg, Mondale, Pell, Bayh, Church, vens had ordered. ‘‘The truth is, we’re living in wonderful Biden, Danforth, Hollings. ‘‘You possessed then and ever since,’’ Ste- times and a wonderful place,’’ he once told a Eventually, Guggenheim became disillu- vens wrote, ‘‘an absolute true compass when filmmakers’ organization that had given him sioned with what was evolving into a some- it came to the integrity of your work—and an award. ‘‘This country provides more pos- what infamous institution. our fights to keep the films we made from sibility to learn about oneself, and what the ‘‘If you play a piano in a house of ill re- being dumbed down or made prosaic . . . journey of humanity has been, than any pute,’’ he told PBS’s ‘‘NewsHour With Jim were stimulating. other place. Lehrer’’ a few years ago, ‘‘it doesn’t make ‘‘I remember ‘United in Progress’ and the ‘‘There are great stories in what is very any difference how well you play the piano.’’ beautiful footage you shot of President Ken- common.’’ By the late ’80s, he’d turned full time to nedy in Costa Rica . . . our venture to LBJ’s He crafted celebratory documentaries on his beloved documentaries. presidents Truman, Kennedy and Johnson; ‘‘Why have you stayed with this . . . art ranch for ‘The President’s Country’ . . . and, on U.S. fighting men in the Normandy inva- form of yours all these years?’’ McCullough too, when I took you [in 1964] to meet Bob sion (‘‘D-Day Remembered’’); on workers asked in the interview last month. ‘‘What Kennedy . . . and my good fortune in having constructing iconic American symbols . . . makes you want to get up out of bed in you at my side to start the Kennedy Center (‘‘Monument to the Dream,’’ on the building the morning?’’ Honors—it was just a little scheme back of the 660-foot Gateway Arch in St. Louis, ‘‘I just feel compelled to say something, if then . . . ‘‘The Making of Liberty,’’ on refurbishing I feel strongly about it,’’ Guggenheim re- ‘‘I cherish those memories, Charles.’’ A long, long row of candles. the Statue of Liberty); on the immigrants plied. ‘‘And I think it was . . . [director] who passed through Ellis Island (‘‘Island of David Lean [who] said that the greatest mo- THE MASTER’S VOICE Hope/Island of Tears’’); and on American pol- ment in making films, and probably the In the closing sequence of ‘‘Berga,’’ itics (‘‘Robert Kennedy Remembered’’ won most satisfying moment in film, is getting a Guggenheim—knowing his time was short— an Oscar in 1968). story you’re in love with. offers a powerful, transcendent final mes- Guggenheim was awed by the spiritual ‘‘So you search for those things.’’ sage: depth and gritty determination of everyday Last week, as Guggenheim lay dying, Milton Stolon (survivor): ‘‘Ah, it’s no good people—the patriotism of Japanese Ameri- ‘‘Berga’’ was screened for the board of the to remember. . . . But you have to remember cans interned in a camp; workers at the Arch Foundation for the National Archives, a non- because people, people forget what went on.’’ who proudly brought their families on Sun- profit advisory and fund-raising group of Then old photos of the survivors returning days to show what they’d accomplished; which Guggenheim was president. For most home to their families flash on the screen— frightened troops riding the launches into of his films, the archives was a primary one after another, with their wives and Normandy, ready to offer up their lives. source. sweethearts and kids.

VerDate Mar 15 2010 20:38 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00079 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16OC2.REC S16OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10562 CONGRESSIONAL RECORD — SENATE October 16, 2002 The final shot: a joyful GI, the camera pan- keenest wit about the political hap- When I switched parties in 1994, Sen- ning down to his smiling little girl sitting on penings in Washington and, talking ator GRAMM said of my ability to help a tricycle. along, I realized his genius. It wasn’t deliver the message of the Republican And Guggenheim’s clear voice-over: ‘‘These are just a few of the faces in my just the sensitivity, but the historian. party: ‘‘There are no greater zealots story, but there are millions of faces, and For the D-Day film he searched the than converts.’’ This certainly applied millions of stories. Pentagon archives for 2 years finding to me at the time, and it still applies ‘‘That have never been told. And deserve to things that the military historians had today. I think he spoke from what he be. no idea of. Then, to give life to the de- knew to be true himself. As someone ‘‘You should remember that.’’ piction, he searched to identify the who values freedom above all else, his Mr. HOLLINGS. The great advantage exact outfit, down to the platoon or life has been a perfect model of what he of serving in the U.S. Senate is the ex- squad. Then he found a member of that preaches every day, and his lifetime posure to your colleagues in the Sen- platoon or squad still living to narrate achievements testify to that fact. ate, all who are talented, and the expo- the scene. For another 2 years he Senator GRAMM embodies what can sure to various individuals in Wash- looked for Jewish POWs for his most be achieved in America through hard ington involved in the issues. The prin- recent film. He was mainly concerned work, education and determination. He cipal issue for one serving in the U.S. about his own outfit from which he was grew up in modest means in Georgia, Senate is reelection. That’s how I met separated. They were captured in the helping to contribute to the families’ Charles Guggenheim. Battle of the Bulge; the Jewish pris- finances by working delivering news- It was 30 years ago. Charles had the oners separated and inflicted with tor- papers. The strong work ethic instilled reputation of producing the best can- ture and death. He wanted to tell this in him by his upbringing led Senator didate films and after handling me, re- story of the POW Holocaust that had GRAMM to the University of Georgia markably, he retained that reputation. never been told. He was tickled that where he received his PhD in Econom- My staff had just contacted him when the weather was kind, just right for his ics in 1967. Senator GRAMM then moved they came back to me and surprised me takes at the prison camps in Germany. to Texas, where he met and married his with the request that Charles wanted He smiled at his luck. And then the wife, Wendy Lee, who was also an eco- to follow me when I went home that cancer hit. He struggled this year to nomics PhD. weekend. I said let’s wait, it’s too early finish the course. Amazing Grace, his Elected to serve in the House of Rep- for filming. The answer was no, it’s not beautiful daughter, worked with him to resentatives from the 6th district of for filming, Mr. Guggenheim wants to complete the film. In this city of fami- Texas in 1978, Senator GRAMM quickly travel with you to see if he likes you. lies split asunder, the Guggenheims developed a reputation as a conserv- ative Democrat who was committed to I said fair enough. I want to see if I have shone as a star of cohesion. Jona- fiscal responsibility. Through his posi- like him. I will never forget that week- than worked as a Senate Page and now tion on the Budget Committee, Senator end. After reciting the Pledge of Alle- produces on the West coast. Davis has GRAMM helped to craft bipartisan legis- giance at the Rotary Club, the Real- just completed a cameo production on lation which laid the foundation for tors, the tobacco barn, the Democratic education. And that gracious lovable Ronald Reagan’s 1981 tax cuts and de- Party rally, and nine other times, I Marion continues to worry about ev- fense buildup. In 1983, PHIL GRAMM dis- thought I may lose Charles. But he erybody except herself. Charles was played the courage of his convictions stuck with me. I learned to love him. particularly proud when he went west by resigning from the Democratic There are two kinds of geniuses in for his last nomination. His daughter- party to run as a Republican. His re- this world: the intellectual and the in-law, Elizabeth Shue, won an Oscar. election was a success, making him not sensitive. The intellectual is the type Knowing Charles, the sensitive, the au- only the first Republican in the history who goes through a magazine just thentic, his was not to receive Oscars of the 6th District of Texas, but the turning the pages and catching up in but to render to others in his film. But only member of Congress in the 20th the back part with the story, remem- surely, if he had one to give, it would Century to resign from Congress and bering it all. Or the type that reads a be to Marion. f successfully seek re-election as a mem- book in a couple of evenings. But then ber of another party. there is the sentimental genius. They TRIBUTE TO SENATOR PHIL When John Tower announced his re- feel the words. You tell me that a GRAMM tirement from the Senate in 1984, Sen- friend is sick and I feel sorry for him. Mr. SHELBY. Mr. President, I rise ator GRAMM seized the opportunity, You tell Charles a friend is sick and he today to pay tribute to Texas Senator and won an overwhelming victory in starts feeling bad. No one could read PHIL GRAMM, highly respected on both the general election. Senator GRAMM people better. He would have me do one sides of the aisle for his tremendous in- wasted no time becoming actively in- take over and over and over just to tellect, deep convictions and relentless volved within the Senate. One of his make sure the light was right, or the tenacity, he will long be remembered first initiatives, the Gramm-Rudman- sound was exact, very sensitive to the in the U.S. Senate. Hollings Deficit Control Act of 1985, re- environment and feelings of those I have known Senator GRAMM and his quired automatic budget cuts if the around him. No doubt this made him lovely wife Wendy for many years. I deficit was not reduced to specific lev- an Oscar winner four times and a nomi- first served with Senator GRAMM in the els. Together with a rapidly growing nee twelve times. But this search for House of Representatives in 1978 where economy, this legislation was credited the authentic also made him give up on we both served on the House Energy with producing the first balanced budg- us politicians 20 years ago. The polit- and Commerce Committee. As conserv- et in twenty five years. Since then, ical short was no more the positive at- ative southern Democrats we had much Senator GRAMM has established a long tributes of the candidate depicting his in common and found ourselves on the record of initiatives and achievements record in a colorful way, but the fram- same side of most issues, although not during his tenure in the Senate, which ing of the opponent with a half-truth, always on the same side as our party. included negotiating the final package with a negative spin that meets the Indeed, while we both came to Congress of budget cuts, spending caps and tax poll. Outrageous hypocrisy. Charles as Democrats, we later found our ide- increases at the 1990 budget summit, would have none of it and he turned ex- ology and values best reflected in the pressing for balanced budget amend- clusively to documentaries. beliefs of the Republican Party. Sen- ments, the exposure and elimination of Charles’ brilliance was in telling the ator GRAMM finding the light a little budget gimmickry, electricity deregu- story so that you were there in the his- more quickly than I did. However, lation and improving the relationship toric moment. I watched him in his when I finally made my decision to and cooperation between the United work. We would meet at 6:30 in the switch from the Democrat to Repub- States and Mexico. morning two or three times a week at lican Party, it was more than symbolic Senator GRAMM took the gavel of the Ali Rosenberg’s St. Albans for tennis. that I stood between two great men Banking, Housing and Urban Affairs Ali didn’t let us start until just before who represented the heart of the Re- Committee in January of 1999. It was 7:00 so the three of us would chat about publican Party in the U.S. Senate, Bob from this post, that he worked to re- the events of the day. Charles had the Dole and PHIL GRAMM. peal the 1933 Glass-Steagall Act, which

VerDate Mar 15 2010 20:38 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00080 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16OC2.REC S16OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 16, 2002 CONGRESSIONAL RECORD — SENATE S10563 separated banks from investment expenses, a figure which has since dou- ments, obligations and relationships. banking and commercial firms. bled to more than $7 billion. We While the Financial Accounting Stand- Through a lot of hard work, dogged te- learned that Adelphia had made bil- ards Board, or FASB, has issued a pro- nacity and a little compromise, Sen- lions of dollars in unsecured loans to posal to strengthen accounting rules ator GRAMM shepherded the bill corporate insiders, especially members regarding special purpose entities, that through the committee and out of the of the Rigas family. We learned that addresses only a portion of the problem Senate. The result was that in 1999 fi- Tyco had made not only unreported and the SEC can and must do much nancial services deregulation was loans to corporate executives and di- more to strengthen disclosure. passed and signed into law, which may rectors, but its CEO appears to have The SEC must also set up the policies have been the biggest legislative cheated on his taxes. The list of compa- and procedures necessary to identify achievement of the 106th Congress. nies associated with accounting frauds and administratively bar those persons Senator GRAMM has the ability to do or other corporate misconduct kept in- who are substantially unfit to serve as something that not many people can creasing, shaking not only Wall Street, officers or directors of public compa- do. He can take very complex issues but also Main Street where more than nies. Too many officers and directors and break them down into their most half of U.S. households are directly or have turned their eyes away from mis- basic elements, so that just about any- indirectly invested in the stock mar- conduct, failed to ask tough questions, body can understand them. The intri- ket. or allowed fraudulent or questionable cacies of the budget process, the sol- The result is that, today, investor activities to continue unchecked at the vency of Social Security, the implica- confidence in U.S. financial statements companies that are now the subject of tions of national health care, are all and the U.S. accounting profession lies legal proceedings. We need stronger brought down to kitchen table common in tatters. The stock market itself has leadership in corporate America and to sense. This is an amazing gift, and a compiled its worst record in years. eliminate those unwilling or unable to formidable one for anyone who stands The breadth and depth of this cor- act as fiduciaries for investors. on the other side of an issue from him. porate misconduct galvanized Con- These are just two of the many press- There is simply no rhetoric to hide be- gress. Over the past year, we conducted ing regulatory issues facing the SEC in hind in a debate with Senator GRAMM. detailed investigations into what hap- implementing the Sarbanes-Oxley re- He is not afraid to fight or to lose, and pened. We subpoenaed documents. We form law. But it will take more than so he rarely loses. held hearings. We issued reports. And Sarbanes-Oxley to end corporate mis- Senator GRAMM’s absence from the during the summer, we enacted into conduct and restore investor con- U.S. Senate will truly leave a substan- law the Sarbanes-Oxley Act, a cor- fidence in U.S. markets. The list of un- tial void. I will certainly miss his ex- porate reform law which calls for a finished business includes at least the pertise on the Senate Banking Com- host of changes in the way U.S. busi- following items. mittee and the broad policy experience ness operates, including overhauling First, Congress needs to recognize that he brings to every debate. I would accounting oversight, restoring auditor that the SEC is outgunned and out- like to extend my sincere best wishes integrity, and strengthening investor spent and give the SEC the resources it to Senator GRAMM on his retirement protections. This legislation was a needs to police financial statements from the Senate and wish him luck in strong response to the corporate scan- and detect and punish corporate mis- his new career. dals, but the work is far from over. deeds. f Enron’s 1-year anniversary is a good Second, we need to give the SEC new time to recall what still needs to be civil enforcement authority to impose ONE YEAR ANNIVERSARY OF done. administrative fines on company offi- ENRON SCANDAL First, the SEC needs to implement cers, directors, auditors, lawyers, and Mr. LEVIN. Mr. President, one year the Sarbanes-Oxley Act. The most im- others who violate federal securities ago today, the public first began to portant next step here is naming the laws. Right now, the only wrongdoers learn of the accounting frauds that led members of the new Public Company the SEC can fine in administrative pro- to the collapse of Enron Corporation. Accounting Oversight Board. This ceedings are broker-dealers and invest- For the first time, investors learned of Board is charged with strengthening ment advisers. My amendment to special purpose entities used to make auditor ethics, disciplinary pro- broaden its authority to fine other vio- Enron’s financial condition look better ceedings, and conflict of interest prohi- lators of the securities laws never re- than it was and of partnerships run by bitions to restore confidence in the ceived a vote during consideration of Enron’s chief financial officer. One U.S. accounting profession. This work the Sarbanes-Oxley Act. I intend to year ago today, the press first reported will require a frank acknowledgment of keep trying until that vote takes place. the $1 billion loss in Enron’s share- past problems, a fresh examination of Another festering problem involves holder equity and a $700 million loss in what works and what has failed, and a stock options. Stock option abuses earnings. Less than 2 months later, willingness to break from past practice have not stopped, and dishonest ac- Enron’s reputation as a well-run com- to increase investor protections. counting of stock option expenses con- pany and a good investment morphed Some impressive candidates have tinues. That means that Congress still into that of a bankrupt operation with stepped forward to express their will- needs to set a deadline for FASB to billions in unpaid debt. ingness to serve on this board. One ter- take appropriate action on the issue of As the scandal unfolded, Enron’s em- rific candidate is John H. Biggs who is expensing stock options. Over 120 pub- ployees lost their jobs and their pen- about to retire from his post as chair- licly traded companies have announced sions. Its stockholders lost their shirts. man and CEO of TIAA–CREF. Mr. their intention—on a voluntary basis— Its accounting firm lost its credibility Biggs has the stature, expertise, and to begin expensing options. That is a and its ability to operate as an auditor. backbone needed to lead this board. He huge and welcome change from past About the only ones to walk away from is the right man at the right moment practice. But many other public com- Enron’s fall intact were a number of to restore integrity to U.S. financial panies have indicated they have no in- executives who pocketed millions of statements and the U.S. accounting tention of expensing options until re- dollars in compensation despite the profession, and the SEC ought to im- quired to do so. It is time to level the company’s collapse. Other executives mediately accept his offer to serve the playing field in favor of honest ac- are now beginning to pay the piper for public as a member of this important counting of stock options. their misdeeds. new board. Still another continuing problem in- Of course, Enron was only the begin- The SEC also has a host of important volves so-called corporate inversions, ning. Within 6 months, the press was regulations to issue over the coming when U.S. companies pretend to move inundated with reports of multi-bil- year—a task that will require contin- their headquarters to an offshore tax lion-dollar accounting frauds at other ued congressional oversight. One of the haven in order to avoid paying their major publicly traded corporations in most important is the requirement fair share of taxes. These offshore she- the United States. We learned that that companies disclose all material nanigans are not only unpatriotic, they Worldcom had misreported $3 billion in off-the-books transactions, arrange- are unfair to the taxpayers who have to

VerDate Mar 15 2010 20:38 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00081 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16OC2.REC S16OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10564 CONGRESSIONAL RECORD — SENATE October 16, 2002 pick up the slack and pay for this led by Daw Aung San Suu Kyi and the zeal against the forces of tyranny and country’s military, security, law en- National League for Democracy—ring oppression. These men have earned our forcement, and other needs, many of hollow. Nation’s enduring respect for their ac- which benefit the companies avoiding I am in complete agreement with his tions and deeds in defense of the United their fair share of taxes. I plan to spend assessment. States. a significant amount of time over the It is past time for the SPDC and its But of course their story is also next year looking at issues related to armed forces to respect the human unique. In addition to being one of the offshore tax evasion and corporate non- rights and dignity of the people of most successful air combat units in the payment of tax. Burma and to punish those in the mili- Second World War, the Tuskegee Air- A few years ago, this country had bil- tary who are responsible for killing and men, whose pilots trained at the lions of dollars in surplus and a grow- injuring innocent men, women and Tuskegee Army Air Field in Tuskegee, ing economy. But that is over. One children. AL, overcame a pattern of rigid seg- contributing cause is the corporate I was appalled to learn this week regation and prejudice that questioned scandals over the last year. Those ar- that Burma Army Column Commander their ability to serve as Airmen and guing for tepid reforms or the status Khin Mau Kyi, who is reportedly re- prevented them from training and quo will not provide the leadership sponsible for burning churches and vil- working with their white counterparts. needed to end the corporate mis- lages and torturing pastors and Bud- Led by the recently departed General conduct and investor fears now plagu- dhist monks, said. ‘‘I don’t respect any Benjamin O. Davis, the first black gen- ing U.S. markets. We need not only to religion, my religion is the trigger of eral in the Air Force, the Tuskegee complete the implementation of the my gun.’’ Airmen flew over 15,500 sorties, com- Sarbanes-Oxley law, but also to move Mr. President, Khin Mau Kyi’s so- pleted over 1,500 combat missions, and ahead with additional measures needed called ‘‘religion’’ is, according to infor- downed over 260 enemy aircraft. They to restore investor faith in U.S. busi- mation I have received, responsible for even sunk an enemy destroyer. Amaz- ness. The one-year anniversary of the the murder of the following people at ingly, no bomber escorted by the Enron scandal is a good time to renew Htee Law Belh on April 28, 2002: Saw Tuskegee Airmen was ever downed. But the call for that unfinished business. Hto Paw, Naw Hsar Kay, Naw Kri Htoo, 66 Tuskegee pilots flying escort did f Naw Ble Po, 5 years old, Daw Htwe Ye, make the supreme sacrifice for our Na- Naw Mu Tha, Mu Pwat Pwat, 7 year tion and another 32 were taken as pris- LOCAL LAW ENFORCEMENT ACT old, Saw Ka Pru Moo, Naw Plah, 5 oners of war. Collectively, these ac- OF 2001 years old, Naw Dah Baw 2 years old, tions won the Tuskegee Airmen 3 Pres- Mr. SMITH of Oregon. Mr. President, and Naw Pi Lay and her infant. idential Citations, 95 distinguished I rise today to speak about hate crimes The State Department should pub- Flying Crosses, 8 Purple Hearts and 14 legislation I introduced with Senator licly condemn the SPDC for these Bronze Stars. KENNEDY in March of last year. The atrocities, and call on the SPDC to in- Upon returning home from war, these Local Law Enforcement Act of 2001 vestigate these crimes and bring those Airmen found a society still deeply would add new categories to current responsible to justice. Unfortunately, segregated. The Tuskegee Airmen hate crimes legislation sending a sig- there is no reason to believe the SPDC themselves remained segregated from nal that violence of any kind is unac- will act against its own officers. the larger military and were unable to ceptable in our society. We and the international community provide their skills and aptitude to I would like to describe a terrible should do our utmost to provide assist- other units that were in dire need of crime that occurred September 15, 2001 ance to the SPDC’s victims. In the qualified airmen. It was not until in San Francisco, CA. Two men, Robin days to come, I will confer with my President Truman issued Executive Clarke and Sean Fernandes, were bru- friend from Kentucky on appropriate Order 9981 that segregation was ended tally attacked by a man who thought actions we can take to help refugees in the United States Armed Services. Fernandes was an Arab. The assailant and internally displaced persons in This Executive Order played a vital passed the two men on the street, Burma, including engagement with role in the subsequent integration of called Fernandes a ‘‘dirty Arab’’, then Thailand to ensure that Burmese flee- our Nation. The valor and dedication of punched both men and stabbed Clarke ing SPDC abuses can enter into Thai- the Tuskegee Airmen played a vital in the chest. The assailant escaped in a land, that international journalists are role in changing our Nation’s attitude blue Mustang coupe after the attack. given free and unfettered access to ref- toward integration and racial diver- I believe that Government’s first ugee camps and ethnic minorities, and sity. duty is to defend its citizens, to defend the UN High Commissioner For Refu- In recent years, our Nation has right- them against the harms that come out gees is allowed to provide a safe haven ly sought to honor those who served in of hate. The Local Law Enforcement for those fleeing SPDC oppression. the Second World War and to recognize Enhancement Act of 2001 is now a sym- f the challenges faced and overcome by bol that can become substance. I be- the Tuskegee Airmen. I know my Sen- THE TUSKEGEE AIRMEN 17TH lieve that by passing this legislation ate colleagues join me in commending ANNUAL SALUTE and changing current law, we can the Tuskegee Airmen for their willing- change hearts and minds as well. Mr. LEVIN. Mr. President, this week- ness, to paraphrase Philip Handleman, f end hundreds of individuals from an aviation historian from Oakland throughout the Nation will be gath- County, MI, to fight two wars at the BURMA ering in my hometown of Detroit, MI, same time: one war against the forces Mr. LEAHY. Mr. President, I want to to honor, remember, and pay tribute to of totalitarianism abroad and the other add my voice to the growing chorus in one of the most illustrious and feared against the forces of intolerance and Washington condemning the State U.S. Army units in the Second World prejudice at home, and to have the de- Peace and Development Council’s bru- War, the Tuskegee Airmen. These indi- termination to win them both. tal and inhumane treatment of the peo- viduals will be gathering for the f ple of Burma—including refugees and Tuskegee Airmen National Historical internally displaced persons. Museum’s 17th Annual Salute Recep- THE ALL-CALIFORNIA WORLD We recently heard from the senior tion and Dinner. SERIES Senator from Kentucky, Senator The story of the Tuskegee Airmen is Mrs. FEINSTEIN. Mr. President, I MCCONNELL, who has been a consistent, unique in many ways but starts with rise today to commend and congratu- strong voice for human rights and de- similarities to the story of so many late the two teams from California who mocracy in Burma. He spoke of the members of the ‘‘Greatest Generation’’ will compete for the 2002 World Series many abuses committed by the SPDC who fought in the Second World War. It Championship: the National League and his concerns that the SPDC’s pro- is a story of young men who answered Champion San Francisco Giants, and claimed interest for reconciliation the call of duty and fought to defend the American League Champion Ana- with the legitimate leaders of Burma— our Nation with courage, pride, and heim Angels.

VerDate Mar 15 2010 20:38 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00082 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16OC2.REC S16OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 16, 2002 CONGRESSIONAL RECORD — SENATE S10565 This will be the fourth All-California three home runs in a playoff game in implementing policies which reflect a World Series—following the 1974 and the deciding game 5 of the American commitment to the rule of law, a com- 1988 Los Angeles Dodgers-Oakland Ath- League Championship Series. mitment to end support for separate letics match-ups and the 1989 ‘‘Bay Every great team has a great man- Republika Srpska institutions, and a Bridge Series’’ between the Giants and ager and the Giants and the Angels commitment to ensure and protect the the Athletics—and I am confident it have two of the best: three-time Na- rights of minority groups. will go down in history as one of the tional League Manager of the Year Progress toward those goals has been best. Dusty Baker and Mike Scioscia, who made. But it has been slow, and the Both teams have beaten the odds and has led the Angels to a World Series in FRY has an inconsistent record of com- overcome huge obstacles to advance to only his third year as manager. Former pliance with our law. the fall classic. In fact, this will be the teammates on the Los Angeles Dodg- I recognize that the process of reform first World Series between two wild- ers, both set high standards for their is difficult. Breaking down old hatreds card teams. teams, stuck with them through thick can take generations. I have been very My hometown team, the Giants, won and thin, and provided the leadership disappointed that even the reformers in the National League Wild Card with a for success. positions of authority have not done 95 and 66 record, edging another Cali- Finally I want to pay tribute to the more to support the Tribunal, and to fornia team, the Los Angeles Dodgers, front office staffs of both organiza- expose the truth about Milosevic’s crimes. However, even their incon- by 31⁄2 games. They then defeated the tions: President and managing partner sistent efforts are resisted at every heavily favored Atlanta Braves in the Peter Magowan, executive vice-presi- turn by powerful nationalists who are National League Divisional Series 3 dent and chief operating officer Larry far less committed to justice. games to 2, before finishing off a tough Baer, and general manager Brian That political dynamic is the cause and determined St. Louis Cardinals Sabean of the Giants and chairman and of much friction within the FRY, and team 4 games to 1, to win their third CEO of the Walt Disney Company Mi- is the cause of continuing difficulties National League Pennant since moving chael Eisner and general manager Bill between Serbia and the international to San Francisco in 1958. Stoneman of the Angels. Not only have community. The Anaheim Angels overcame a 6 they built championship franchises, It is my hope, and I think I speak for and 14 start to win the American but they have established the Giants everyone here, that the Balkans will League Wild Card with a 99 and 63 and Angels as class organizations. eventually become a stable, peaceful, record, just 4 games behind yet another Normally, the Senators from the and tolerant region in which Serbia is California team, the Oakland Ath- States of the teams represented in the the leading force for trade and democ- letics. They upset the New York Yan- World Series place a friendly wager on racy. Such a hope will become a reality kees in the American League Divi- the outcome. This year, Senator BOXER only if our commitment to it remains sional Series 3 games to 1 and defeated and I will simply take pleasure in strong. the Minnesota Twins 4 games to 1, to watching two California teams battle As the world’s attention has shifted win the first American League Pennant for the title. toward Afghanistan and a possible war in the 42-year history of the Angels or- From Edison Field to Pacific Bell with Iraq, it is important that our con- ganization. I only wish Gene Autry had Park, each game will showcase a dif- cerns for the FRY are not drowned out lived to see his beloved team succeed ferent part of California and the great by events elsewhere. with such brilliance. fans of both teams. The Giants and the In addition to ensuring FRY compli- The Giants and Angels epitomize the Angels have done California proud and ance with the Tribunal, there is still word ‘‘team.’’ Each has its share of All- may the best team win. serious work to be done on behalf of Stars, but they have advanced to the f minority groups there. final round because of the dedication In particular, a higher level of atten- and hard work of each player. THE ROMA tion must be focused on the plight of Everyone knows the Giants are led Mr. LEAHY. Mr. President, I rise to the Roma people, whose history is one by four-time National League Most discuss the situation of the Roma peo- of discrimination and suffering. Valuable Player, newest member of the ple in Serbia and Montenegro, which The Roma are an ethnic group that 600 Home Run club and 2002 National together make up the Federal Republic traces their heritage back about one League Batting Champion, Barry of Yugoslavia, FRY. thousand years to the north of India. Bonds. But Barry would be the first to I am among those who believe that They first settled in Eastern Europe in say that the Giants would not be where the United States should continue to the 14th Century. Today, Roma reside they are without the contributions of strongly support the development of in all parts of Europe. Over the centuries, the Roma have players such as National League Cham- democratic institutions and reconcili- been the victims of murderous violence pionship Series Most Valuable Player ation among ethnic groups throughout and debilitating discrimination that the FRY and Senator MCCONNELL and I Benito Santiago, David Bell, Jeff Kent, has poisoned their relations with their have tried to do that in the fiscal year J.T. Snow, and pitchers Russ Ortiz, host nations, stunted their growth as a 2003 Foreign Operations spending bill. Jason Schmidt, Kirk Rueter and Rob community, and perpetuated a vicious As in the past, we have provided Nenn. The list goes on. cycle of poverty, unemployment, sick- funds to support democratic reformers And, what Giants fan will ever forget ness, and every form of social ostra- Kenny Lofton, a center-fielder acquired in the FRY, as they continue to work cism. in a mid-season trade, who drove in the to overcome the hatred and destruction It is a cycle that has sentenced the winning run in game 5 of the National caused by Slobodan Milosevic. Roma to shorter lives, lower literacy League Championship Series with a The United States is dedicated to en- rates, and often horrid living condi- two-out base-hit? suring that Serbia develops a solid tions—living conditions that are far The Angels got to the World Series commitment to peace, the rule of law, below those of the general populations by hitting .320 as a team in the and to protecting the rights and well- of their host nations. postseason and scoring 60 runs in 9 being of its minority communities. I read in a recent publication that in games. They are led by David Eckstein, That is why the funding level for Ser- England, during the time of Elizabeth Garret Anderson, Troy Glaus, Tim bia—and indeed throughout the Bal- I, there was a law which made it illegal Salmon, and pitchers Troy Percival, kans—recommended by the Committee to be a Roma person, and under that Jarrod Washburn, and 20-year-old rook- on Appropriations is above what the law one could be put to death simply ie, Felix Rodriguez. President requested in his Fiscal Year for being born to Roma parents. Also American League Championship Se- 2003 budget. during that time, in Switzerland, it ries Most Valuable Player Adam Ken- Our law requires that the President was legal to hunt Roma for sport. nedy made history by becoming only certify to the Committee on Appropria- During the Second World War, the the fifth player—following the likes of tions that the FRY is continuing to co- Roma were among the first ethnic Hall of Famers Babe Ruth, Reggie operate with the War Crimes Tribunal. groups targeted for eradication by Hit- Jackson, and George Brett—to hit He must also certify that the FRY is ler. Until the 1970s, in other parts of

VerDate Mar 15 2010 20:38 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00083 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16OC2.REC S16OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10566 CONGRESSIONAL RECORD — SENATE October 16, 2002 Europe, policies have resulted in sepa- Calloway School of the Arts, which will show on WHAS radio which aired from rating Romani children from their par- celebrate its 10th anniversary at a 8 to 8:15 Monday through Friday. He al- ents so they could be raised by non- ceremony on Friday, November 22, 2002. ways finished the show with just Roma families. Cab Calloway students have per- enough time to beat the bell for his The last decade has been no kinder to formed in prestigious venues from New first class. the Roma. During the Balkan wars of York City to Washington, DC. Our col- After graduating from high school, the 1990s, the Roma were severely vic- league, Senator CLINTON, has been in Randy and Bob hit the road running, timized. And the abuse of the Roma their audience, as have Secretary of showcasing their musical talents all continues now during peacetime. State Powell and members of the Na- across the Commonwealth. However, The FRY has officially registered the tional Governors Association. They this seemingly endless road adventure Roma as a minority group, and has have earned recognition in the Na- came to an abrupt halt when, in 1941, mandated that more Romani language tional Shakespeare Competition, the the Japanese maliciously and without programs appear on state television. Delaware Theatre Company’s Young warning bombed Pearl Harbor. Shortly These are important steps and are to Playwright’s Festival, and various thereafter, Randy joined the Army Air be commended. vocal and band competitions. Corps, serving in such places as Aus- Much progress toward equitable and In the visual arts, Cab Calloway stu- tralia, the Philippines and Okinanwa. lawful treatment of the Roma, how- dents have won repeatedly in Dela- While in the South Pacific, Randy pur- ever, is yet to be made by the FRY, ware’s Youth in Art Month Flag Com- chased a guitar and played his tunes where the Roma are reportedly subject petition, and their work has been in- for his fellow soldiers, bringing a little to frequent police brutality. cluded in the Delaware Foundation for happiness and laughter into a very They often live in illegal settlements the Visual Arts Calendar. When artists dark and frightening place and time. on the outskirts of towns, without were invited to decorate downtown After the war ended, Randy picked up electricity, running water, or sanita- Wilmington with dinosaurs this past right where he left off in 1941. He trav- tion. spring, a Cab Calloway student de- eled around the country and worked for International nongovernmental orga- signed and made sculpture was in the radio stations in places like Chicago. nizations willing to assist the Roma in display. Visual arts students have also In 1946, Randy returned to Louisville constructing more permanent housing worked with the March of Dimes to and remained there for the rest of his have been forced to cancel their create educational materials, and they days. projects, because the FRY and local au- have been honored with Regional Scho- Randy Atcher’s big break came in thorities denied them the necessary lastic Art Awards. 1950 when his old friends at WHAS land. That would be impressive as the came to him with an idea for a daily Roma in the FRY are also the targets whole story, but it is just one chapter. TV show for Kentucky’s children. The of humiliating social discrimination. Cab Calloway students have excelled show, T–Bar-V, was an instant success They are frequently denied access to academically, earning as many honors and was on the air from March 28, 1950 privately owned restaurants and sports for their work in the classroom as for until June 26, 1970. Many Kentucky facilities. Roma do not receive ade- their talents on the stage or in the stu- children grew up watching this show quate education, health care, or equi- dio. The school has been recognized for and learning from the lessons it table access to public goods and serv- its innovative programs, and it proudly taught. In many ways, Randy Atcher ices. In many FRY communities they boasts the best attendance record became an integral part of many Ken- are treated as a public nuisance. among all secondary schools in the dis- tucky families. He taught the children Very little effort is made by state trict. to save their money and to respect prosecutors to pursue cases of discrimi- For a decade, Cab Calloway has given their elders. His warmth and sincerity nation against Roma in the courts, many of our State’s most talented were felt by all that tuned in. Through- partially due to widespread apathy for young citizens a chance to excel as stu- out its 20 years on television, T–Bar-V the Roma and partially because of dent-artists. It is a true success story celebrated 153,000 children’s birthdays. weak legislation protecting the rights in public education, and we in Dela- When the show ended, many children of minorities. ware are very proud to congratulate felt as if they had lost their best friend. The Roma experience is one of suf- the administration, faculty, students Even after the show ended however, fering. Their’s is a life of waiting, and and their families, as we all join to cel- Randy couldn’t keep the performer in one of hope lost as the tide of history ebrate the 10th anniversary of the Cab him quiet. He sang his songs and enter- threatens to sweep them aside. Calloway School of the Arts.∑ tained children at schools and the el- As with its cooperation with the f derly at nursing homes. He was on the board of the Muscular Dystrophy Asso- Hague Tribunal, the FRY’s respect for TRIBUTE TO RANDY ATCHER the rights of the Roma must be closely ciation and the Dream Factory, a ∑ monitored and verified. The President’s Mr. BUNNING. Mr. President, I rise group that grants the wishes of gravely certification to the Committee on Ap- today among my fellow colleagues to ill children. He also recorded books on propriations concerning funds appro- honor and pay tribute to one of Ken- tape for the blind. priated for the FY should address both tucky’ finest individuals. Last Wednes- I ask that my fellow colleagues join issues. day, at the age of 83, Randy Atcher me in honoring Randy Atcher. He de- Continuing progress by the FRY in passed away in his bed at the Audubon voted his entire life to bringing happi- ensuring the safety and dignity of all Hospital in Louisville, KY. He had been ness to the lives of others. He rep- its citizens, including the Roma, is the suffering from lung cancer for many resented a code of morality that seems intent of our law and essential to the years. He will be missed and mourned almost lost today. I believe we all can future stability of the former Yugo- by all. learn from his example of caring for slavia. Randy Atcher was born in Tip Top, and serving others.∑ KY in 1918 and from very early on, peo- f f ple could see that he was headed for big ADDITIONAL STATEMENTS things. Randy grew up in a family of TRIBUTE TO THE HON. JOHN S. entertainers and musicians. His father MARTINEZ played the fiddle, his mother the piano, ∑ Mr. LIEBERMAN. Mr. President. I 10TH ANNIVERSARY OF THE CAB his brother Bob the mandolin, his rise today with great sadness to pay CALLOWAY SCHOOL OF THE ARTS brother Raymond the bass and finally tribute to the late State Representa- ∑ Mr. BIDEN. Mr. President, we often his brother Francis played the guitar. tive John S. Martinez, Deputy Major- talk about how best to encourage the At age 13, Randy and his brother Bob ity Leader of the Connecticut General talents of our young citizens. In my were playing their catchy country Assembly, who lost his life on October home town of Wilmington, DE, there is tunes for WLAP radio in Louisville. Be- 10 in a tragic automobile accident. Mr. a school that fulfills that mission lit- fore Randy was even out of high school, Martinez served New Haven’s 95th As- erally, and with great success—the Cab he and Bob had a successful morning sembly District where he served on the

VerDate Mar 15 2010 20:38 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00084 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16OC2.REC S16OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 16, 2002 CONGRESSIONAL RECORD — SENATE S10567 Finance, Revenue & Bonding Com- who held this seat before me, and then class, and he always is a welcome face mittee and the Judiciary Committee. came to work for my office when I was for 4–H participants who come to Wash- He leaves behind a career of compas- elected to the House in 1984. ington, DC, for the national trips. sionate public service, particularly to Dotty’s retirement will enable her to These awards are a testament to his the underprivileged. spend the time doing what she enjoys: deep roots and the connection he still Mr. Martinez was born in 1953 in the traveling, crafts, and community ac- has to our great state and the people City of New York to Puerto Rican par- tivities like the Manchester Federated who make it work. ents. His family has resided in the City Republican Women’s Club and the Na- I believe the University of Wyoming of New Haven for 39 years. tional Association of Retired Federal selected an exemplary recipient for From 1991 to 1997, Mr. Martinez de- Employees, NARFE. She and her hus- this award and I know he is both hum- veloped and served as Project Director band will spend winters at their home bled and proud for the recognition. of the Hill Health Center/Grant Street in Florida, and summers back in New CRAIG is being honored not only be- Partnership, a Substance Abuse Inten- Hampshire. cause of what he did at UW, but for sive Day Treatment Program for Dotty’s service to the people of New what he continues to do, he is a force- women and men. Hampshire will be missed by all of ful advocate for the University here in Mr. Martinez worked for 15 years those whose lives she touched. Her Washington. The benefits of his labor with the homeless and substance abus- commitment, devotion, and the special on their behalf can be seen everywhere ing population. He was very active on way in which she helped so many, will around campus. both local and state-wide level commu- not be forgotten. I commend her on her Let me again say congratulations to nity service boards and commission, in- years of service, and her excellence as my colleague and also to the Univer- cluding the Community Action Agency a valuable member of my staff. Best sity for recognizing someone so deserv- in New Haven, LULAC Headstart, Com- wishes, Dotty, for a wonderful retire- ing of the distinguished Alumni Award. munity Partners In Action, Latino ment.∑ CRAIG, your hard work and dedication Youth, Inc., New Haven Parking Au- f to the University of Wyoming have not thority Commission and Children Cen- gone unnoticed. Your on-going legacy TRIBUTE TO SENATOR CRAIG ter in Hamden. will continue to be felt by many stu- THOMAS Mr. Martinez was also President of dents and graduates to come.∑ ∑ the National Hispanic Caucus of State Mr. ENZI. Mr. President, I rise today f Legislators, and a member of the Coun- to congratulate my friend and col- cil of State Governments/ERC, the Na- league, Senator CRAIG THOMAS, who RECOGNITION OF ROBERT PORE tional Criminal Justice Task Force/ this weekend will be honored with the ∑ Mr. JOHNSON. Mr. President, I rise CSG, the Fighting Back Treatment Distinguished Alumni Award from his today to recognize and honor Robert Intervention Committee and the Con- alma mater, the University of Wyo- Pore on the occasion of his extraor- necticut Hispanic Addiction Commis- ming. I know how much CRAIG loves dinary reporting career at the Huron sion, CHAC. the Cowboys and the University, so Daily Plainsman in Huron, SD. My thoughts and prayers are with this is a special honor indeed, and one Robert graduated from Northwest the Martinez family, and the people of all of us are proud that he has Missouri State in Maryville, MO in De- Connecticut, who will all feel this achieved. Senator THOMAS graduated cember 1978. Before coming to Huron, great loss.∑ from the UW in 1954 with a Bachelors Robert worked a variety of positions f degree in Agriculture. for several newspapers. He was a re- As a student from Wapiti, WY, Sen- gional editor for the McCook Daily Ga- TRIBUTE TO DOTTY VATTES ON ator THOMAS wanted to pursue a career zette in McCook, NE for three years; HER RETIREMENT as a veterinarian, but his 4–H experi- managing editor for the Hope, Arkan- ∑ Mr. SMITH of New Hampshire. Mr. ence steered him toward animal pro- sas newspaper; regional director editor President, I rise today to pay tribute duction. Aside from his studies, he also of the Le Mars Daily Sentinel in Le to Dorothy Vattes upon her retirement took an interest in wrestling, and as I Mars, IA; and publisher of the Hillsboro from service with the Federal Govern- understand it he was even good enough Banner in Hillsboro, ND. He will be ment. to earn a wrestling scholarship. If you ending his South Dakota career on Fri- Dotty has been a member of my staff ask him, he will tell you that his par- day, October 18 after 10 years as the for 18 years as a senior caseworker and ticipation on the UW wrestling team lead agriculture reporter for the Huron immigration specialist. She has been a was one of the biggest influences dur- Daily Plainsman. trusted friend and outstanding em- ing his college career and that it Robert earned the respect and admi- ployee. She is committed to the people taught him discipline and sportsman- ration of all those who had the oppor- of New Hampshire, and has helped hun- ship. There’s no doubt it gave him a tunity to work with him. His love for dreds of citizens with problems they strong will to succeed. South Dakota and passion for agri- may have had with the Federal Govern- Ultimately, it was those special culture set him apart from other out- ment. She has helped re-unite families, years as a University of Wyoming Cow- standing agriculture reporters in the helped seniors receive the benefits they boy, or Pokes as we call them, that state. Robert’s friendly demeanor and deserve, and has exhibited tireless de- helped shape the life of the man who wealth of knowledge helped him de- votion to serving the people. has served three terms in the U.S. velop close relationships with various Dorothy Burnham Vattes, was born House of Representatives and is now in agriculture groups and state and fed- in Manchester, NH. She has been mar- his second term in the U.S. Senate. De- eral officials. These relationships al- ried for 41 years to John, also a good spite his busy schedule, CRAIG con- lowed Robert unique insight and access friend. They have four children, Wendy, tinues to give his time and energy to to news affecting South Dakota’s agri- Lori, Mark and Shane. I have seen her the university, serving several terms culture community. children grow into wonderful, respon- on the College of Agriculture’s Advi- Robert and his wife Bette, a former sible, adults—most of them also work sory Board and earning an Outstanding editor at the Huron Daily Plainsman, in Government service. Her son Mark, Alumni Award in 1995. will be greatly missed by the people of who also works on my staff, and his This is not the first time my friend Huron for their years of valuable com- wife Kathy, gave Dotty her greatest has been recognized for his dedication munity service. On the occasion of his joy last year—a grandson, Benjamin. to community and learning. After serv- retirement, I want to congratulate Dotty began work in the 1960s, which ing two years as president of the Wyo- Robert Pore for his tireless dedication was followed by a career as a legal sec- ming State 4–H Foundation, and serv- to the Huron Daily Plainsman and retary. She stayed at home to raise her ing on its board for 10 years, CRAIG was commitment to quality journalism. family for 7 years, but returned to inducted in April into the National 4–H The lives of countless people have been work in a law firm until 1981 when she Hall of Fame. This past August, he enormously enhanced by Robert’s began her career in public service. She took first place at the State Fair dur- skilled reporting. His achievements worked for Senator Gordon Humphrey, ing an honorary 4–H steer showmanship will serve as a model for other talented

VerDate Mar 15 2010 20:38 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00085 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16OC2.REC S16OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10568 CONGRESSIONAL RECORD — SENATE October 16, 2002 reporters throughout our state to emu- including about 13 million who live in less traffickers centered in Colombia is to late. developed countries; and continue in effect beyond October 21, I wish Robert Pore the best on all his Whereas, early pregnancy and childbearing 2002, to the Federal Register for publica- future endeavors.∑ are associated with serious health risks, less tion. The most recent notice con- education, and lower future income poten- f tial; and tinuing this emergency was published Whereas, the risks of dying from complica- in the Federal Register on October 19, IN RECOGNITION OF ERICA AND tions of pregnancy or childbirth are 25 times 2001 (66 Fed. Reg. 3073). SAMUEL BRASHER higher for girls under 15, and two times high- The circumstances that led to the ∑ Mr. SHELBY. Mr. President, I rise er for women between the ages of 15 and 19; declaration on October 21, 1995, of a na- today to pay special recognition to two and tional emergency have not been re- young Alabamians who made the jour- Whereas, approximately half of the 5 mil- solved. The actions of significant nar- lion people infected with HIV last year were cotics traffickers centered in Colombia ney to Washington D.C. this summer to young people between the ages of 15 and 24; learn about and celebrate America’s and continue to pose an unusual and ex- heritage. Erica Brasher, who is 15, and Whereas, almost 12 million young people traordinary threat to the national se- Samuel Brasher, who is 12, spent 2 now live with HIV, and about 6,000 more be- curity, foreign policy, and economy of weeks in Washington and Northern come infected every day; and the United States and to cause unpar- Virginia traveling to the many histor- Whereas, the choices young people make alleled violence, corruption, and harm ical sites located throughout the area. today regarding their sexual and reproduc- in the United States and abroad. For Most importantly, they were chosen tive lives, including responsible male behav- these reasons, I have determined that ior, will determine whether world population it is necessary to maintain economic for the honor of raising the flag at stabilizes at 8 billion or less or 9 billion or Mount Vernon on the Fourth of July. more; and pressure on significant narcotics traf- For this distinction, they received spe- Whereas, the theme of World Population fickers centered in Colombia by block- cial citations which commemorated Awareness Week in 2002 is ‘‘Population and ing their property or interests in prop- the annual celebration. Erica and Sam- the Next Generation’’; erty that are in the United States or uel Brasher’s trip also included visits Now, therefore, I, Michael F. Easley, Gov- within the possession or control of to Williamsburg, Harper’s Ferry, and ernor of the State of North Carolina, do United States persons and by depriving the many museums and monuments lo- hereby proclaim October 20–26, 2002, as them of access to the United States ‘‘World Population Awareness Week’’ in market and financial system. cated in Washington, D.C. Upon their North Carolina, and commend this observ- return home, a terrific account of ance to all our citizens.∑ GEORGE W. BUSH. Erica and Samuel’s trip was written in THE WHITE HOUSE, October 16, 2002. f their local newspaper, the Shelby f MESSAGES FROM THE PRESIDENT County Reporter. PERIODIC REPORT ON THE NA- Erica and Samuel Brasher are both Messages from the President of the TIONAL EMERGENCY WITH RE- grandchildren of Howard and Pattie United States were communicated to SPECT TO SIGNIFICANT NAR- Brasher of Shelby County. Samuel is the Senate by Ms. Evans, one of his COTICS TRAFFICKERS CENTERED also the grandson of Tom and Chestine secretaries. IN COLOMBIA THAT WAS DE- Cardin of Columbiana. Erica is also the f CLARED IN EXECUTIVE ORDER granddaughter of Corinne Williams and 12978 OF OCTOBER 21, 1995—PM 117 the late Bob Williams of Shelby and EXECUTIVE MESSAGES REFERRED The PRESIDING OFFICER laid be- the daughter of the late Martha Wil- As in executive session the Presiding fore the Senate the following message liams-Brasher. I had the chance to Officer laid before the Senate messages from the President of the United meet these two wonderful children from the President of the United States, together with an accompanying when they visited, and I was proud to States submitting sundry nominations report; which was referred to the Com- see young Alabamians so interested in which were referred to the appropriate mittee on Banking, Housing, and American history.∑ committees. Urban Affairs: f (The nominations received today are printed at the end of the Senate pro- To the Congress of the United States: WORLD POPULATION AWARENESS ceedings.) As required by section 401(c) of the WEEK National Emergencies Act, 50 U.S.C. f ∑ Mr. EDWARDS. Mr. President, Gov- 1641(c), and 204(c) of the International ernor Mike Easley of my State of REPORT OF THE CONTINUATION Emergency Economic Powers Act, 50 North Carolina has issued a proclama- OF THE NATIONAL EMERGENCY U.S.C. 1703(c), I transmit herewith a 6- tion designating the week of October WITH THE RESPECT TO THE SIG- month periodic report that my Admin- 20–26, 2002 as ‘‘World Population Aware- NIFICANT NARCOTICS TRAF- istration has prepared on the national ness Week.’’ This proclamation high- FICKERS CENTERED IN COLOM- emergency with respect to significant lights the need to better understand BIA—PM 116 narcotics traffickers centered in Co- the environmental and social con- The PRESIDING OFFICER laid be- lombia that was declared in Executive sequences of rapid population growth, fore the Senate the following message Order 12978 of October 21, 1995. particularly those issues surrounding from the President of the United GEORGE W. BUSH. the education and health of youth and States, together with an accompanying THE WHITE HOUSE, October 16, 2002. adolescents around the world. I join report; which was referred to the Com- f Governor Easley in his recognition of mittee on Banking, Housing, and MESSAGES FROM THE HOUSE World Population Awareness Week, and Urban Affairs: I ask unanimous consent to have his To the Congress of the United States: proclamation printed in the RECORD Section 202(d) of the National Emer- ENROLLED BILL AND JOINT There being no objection, the mate- gencies Act, 50 U.S.C. 1622(d) provides RESOLUTION SIGNED rial was ordered to be printed in the for the automatic termination of a na- Under the authority of the order of RECORD, as follows: tional emergency unless, prior to the the Senate of January 3, 2001, the Sec- A PROCLAMATION anniversary date of its declaration, the retary of the Senate, on October 11, Whereas, more than one billion people— President publishes in the Federal Reg- 2002, during the recess of the Senate, one sixth of the world’s population—are be- ister and transmits to the Congress a received a message from the House of tween the ages of 15 and 24, the largest gen- notice stating that the emergency is to Representatives announcing that the eration ever in this age bracket; and continue in effect beyond the anniver- Whereas, nearly half the world’s popu- Speaker has signed the following en- lation, and 63% in the least developed coun- sary date. In accordance with this pro- rolled bill joint resolution: tries, is under age 25; and vision, I have sent the enclosed notice, H.R. 5531. An act to facilitate famine relief Whereas, 17 million young women between stating that the emergency declared efforts and a comprehensive solution to the the ages of 15 and 19 gave birth every year, with respect to significant narcotics war in Sudan.

VerDate Mar 15 2010 20:38 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00086 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16OC2.REC S16OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 16, 2002 CONGRESSIONAL RECORD — SENATE S10569 H.J. Res. 122. A joint resolution making H.J. Res. 113. A joint resolution recog- home health benefits and home health pro- further appropriations for the fiscal year nizing the contributions of Patsy Takemoto viders; to the Committee on Finance. 2003, and for other purposes. Mink. HOUSE RESOLUTION NO. 576 Under the authority of the order of At 8:35 p.m., a message from the Whereas, there are 321 Medicare-certified the Senate of January 3, 2001, the en- House of Representatives, delivered by agencies in Pennsylvania providing critical rolled bill and joint resolution were Mr. Hays, one of its reading clerks, an- care each year in the homes of nearly half a million Pennsylvanians; and signed by the President pro tempore nounced that the House has passed the Whereas, home health patients receiving (Mr. BYRD) on October 11, 2002. following bills, in which it requests the Medicare services are typically the sickest, f concurrence of the Senate: frailest and most vulnerable of Pennsylva- H.R. 5200. An act to establish wilderness nia’s elderly population; and ENROLLED JOINT RESOLUTION areas, promote conservation, improve public Whereas, the Congress of the United States SIGNED land, and provide for high quality develop- in 1997 sought to cut growth in the Medicare home health benefit by $16.2 billion over five Under the authority of the order of ment in Clark County, Nevada, and for other purposes. years but resulted in cutting more than $72 the Senate of January 3, 2001, the Sec- H.R. 5651. An act to amend the Federal billion; and Whereas, nearly one million fewer Medi- retary of the Senate, on October 15, Food, Drug, and Cosmetic Act to make im- 2002, during the recess of the Senate, care beneficiaries qualify for Medicare-reim- provements in the regulation of medical de- bursed home care than in 1997; and received a message from the House of vices, and for other purposes. Whereas, additional cuts in the Medicare Representatives announcing that the f home health benefit would force many low- Speaker has signed the following en- cost, efficient agencies in Pennsylvania rolled joint resolution: PETITIONS AND MEMORIALS which are struggling under the current sys- tem to go out of business, thereby harming H.J. Res. 114. A joint resolution to author- The following petitions and memo- ize the use of United States Armed Forces access to Medicare beneficiaries; and rials were laid before the Senate and Whereas, total elimination of the 15% cut against Iraq. were referred or ordered to lie on the has been postponed for the past two years; Under the authority of the order of table as indicated: and Whereas, the impending 15% cut is making the Senate of January 3, 2001, the en- POM–354. A resolution adopted by the it difficult for home health agencies to se- rolled joint resolution was signed by House of the Legislature of the State of cure lines of credit and is discouraging in- the President pro tempore (Mr. BYRD) Michigan relative to an independent review vestment in advanced technologies and staff on October 15, 2002. and analysis of generic drugs; to the Com- benefits; and At 11:22 a.m., a message from the mittee on Health, Education, Labor, and Whereas, sixty-five members of the United House of Representatives, delivered by Pensions. States Senate have joined in a bipartisan let- Mr. Hays, one of its reading clerks an- HOUSE RESOLUTION NO. 293 ter that recommends the elimination of the nounced that the House has passed the Whereas, the United States Food and Drug 15% cut; and Administration (FDA) is a vital agency re- Whereas, one hundred thirteen members of following bill, without amendment: the United States House of Representatives S. 1339. An act to amend the Bring Them sponsible for ensuring safety in foods and medicines. The work it undertakes has a di- have joined in a bipartisan letter that rec- Home Alive Act of 2000 to provide an asylum ommends the elimination of the 15% cut; and rect impact on each citizen. The FDA over- program with regard to American Persian Whereas, the Budget Committee of the Gulf War POW/MIAs, and for other purposes. sees the approval of drugs for the market United States Senate has voted to set aside and provides information to the health care The message also announced that the the funds necessary to do away with the 15% network; and cut; and House has passed the following bills, in Whereas, a key component of our health Whereas, the Medicare Payment Advisory which it requests the concurrence of care resources is the availability of generic Commission (MedPAC), the group estab- the Senate: drugs, which can offer a less costly means of lished by the Congress to advise on Medicare H.R. 4757. An act to improve the national treatment. The use of this option, however, policy, has called upon the Congress to per- instant criminal background check system, is only as good as the level of assurance that manently eliminate the 15% cut in the Medi- and for other purposes. a generic drug is as safe as possible. The care home health benefit; and H.R. 4967. An act to establish new non- FDA considers generic drugs submitted for Whereas, MedPAC has reported that there immigrant classes for border commuter stu- approval through its Office of Generic Drugs; are three factors that can lead to a cost in- dents. and crease for rural home health providers; trav- el, volume of services and lack of sophisti- H.R. 5590. An act to amend title 10, United Whereas, in spite of repeated assurances cated management and patient care proce- States Code, to provide for the enforcement from the FDA and pharmaceutical compa- nies that generic drugs are safe and are iden- dures; and and effectiveness of civilian orders of protec- Whereas, Medicare home health services tion on military installations. tical in the ingredients to their brand-name counterparts, there have been concerns over are delivered to a large rural population in H.R. 5599. An act to apply guidelines for Pennsylvania which often lives miles apart, the determination of per-pupil expenditure the safety of some generic drugs. Any con- cern must be investigated thoroughly to en- increasing the cost of providing home health requirements for heavily impacted local edu- services: Therefore be it cational agencies, and for other purposes. sure that all standards of ingredients, prepa- ration, and packaging are met. We must do Resolved, That the House of Representa- At 8:04 p.m., a message from the all we can to ensure the highest standards tives of the Commonwealth of Pennsylvania House of Representatives, delivered by for all prescription medications. Most impor- urge the Congress to permanently eliminate the 15% cut in the Medicare home health Mr. Hays, one of its reading clerks, an- tantly, there can be no doubt that the review benefit AND EXTEND THE 10% RURAL of submitted medications is completely unaf- nounced that the House has passed the ADD-ON TO MEDICARE HOME HEALTH fected by criteria other than scientific evi- following joint resolution, in which it PROVIDERS; And be it further requests the concurrence of the Senate. dence and the impact of the drugs in ques- Resolved, That the House of Representative tion on patients. Citizens as well as health H.J. Res. 123. A joint resolution making urge the President to support the Congress care providers must have faith in the inde- in eliminating the 15% cut in the Medicare continuing appropriations for the fiscal year pendence and reliability of all tests and de- 2003, and for other purposes. home health benefit AND EXTEND THE 10% terminations; Now, therefore, be it RURAL ADD-ON TO MEDICARE HOME f Resolved by the House of Representatives, HEALTH PROVIDERS; and be it further That we memorialize the Congress of the Resolved, That copies of this resolution be ENROLLED BILLS AND JOINT United States and the Food and Drug Admin- transmitted to the President of the United RESOLUTION SIGNED istration to provide for an independent re- States, the Vice President of the United view and analysis of generic drugs submitted The message also announced that the States, the Speaker of the United States for approval; and be it further House of Representatives and to each mem- Speaker has signed the following en- Resolved, That copies of this resolution be ber of Congress from Pennsylvania. rolled bills and joint resolution: transmitted to the President of the United S. 1339. An act to amend the Bring Them States Senate, the Speaker of the United POM–356. A joint resolution adopted by the Home Alive Act of 2000 to provide an asylum States House of Representatives, the mem- General Assembly of the State of California program with regard to American Persian bers of the Michigan congressional delega- relative to home health care; to the Com- Gulf War POW/MIAs, and for other purposes. tion, and the Food and Drug Administration. mittee on Finance. S. 2558. An act to amend the Public Health ASSEMBLY JOINT RESOLUTION NO. 49 Service Act to provide for the collection of POM–355. A resolution adopted by the Whereas, California’s home health care in- data on benign brain-related tumors through House of the Legislature of the Common- dustry has suffered a loss of over one-third of the national program of cancer registries. wealth of Pennsylvania relative to Medicare licensed home health agencies since 1998; and

VerDate Mar 15 2010 20:38 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00087 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16OC2.REC S16OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10570 CONGRESSIONAL RECORD — SENATE October 16, 2002 Whereas, the Medicare home health care the Congress of the United States to enact resentatives; to Missouri State Senator Wal- benefit started in 1966 and has provided legislation that contains steps to ensure that ter Mueller; to Mr. John R. Stoeffler, Presi- Medicare home health care insurance cov- Medicare home health care recipients are dent, The Madison Forum; to the Honorable erage to hundreds of thousands of home- guaranteed the best care, and that home Robert A. Underwood, Member of Congress, bound Medicare beneficiaries who need care health providers, who have undergone mul- U.S. House of Representatives; and to the on a part-time or intermittent basis; and tiple regulation and administrative changes Honorable Carl T.C. Gutierrez, I Maga’lahen Whereas, Medicare home health care users at the hands of the federal government since Guahan. are older, sicker, poorer, and more disabled the 1997 Balanced Budget Act, are not fur- f than the Medicare population generally, ther harmed; and be it further with 26 percent over 85 years of age; and Resolved, That the Legislature opposes the REPORTS OF COMMITTEES Whereas, in 1980, Congress changed the 15 percent cut in home health payments The following reports of committees home health care benefit by expanding ac- scheduled for October 1, 2002; and be it fur- were submitted: cess to care for beneficiaries without a prior ther hospitalization and by eliminating visit lim- Resolved, That the Chief Clerk of the As- By Mr. LEAHY, from the Committee on its; and sembly transmit copies of this resolution to the Judiciary, with an amendment in the na- Whereas, in 1981 restrictive administrative the President and Vice President of the ture of a substitute: interpretations of part-time or intermittent United States, the Speaker of the House of S. 486: A bill to reduce the risk that inno- care limited spending by denying access to Representatives, the Minority Leader of the cent persons may be executed, and for other this medically fragile population. As a result House of Representatives, the Majority purposes. (Rept. No. 107–315). of the restrictions, a class action lawsuit was Leader of the Senate, the Minority Leader of By Mr. JEFFORDS, from the Committee filed that resulted in a 1988 ruling that over- the Senate, to each Senator and Representa- on Environment and Public Works, with an turned the restrictions. Duggan v. Bowen tive from California in the Congress of the amendment in the nature of a substitute: (D.C. 1988) 691 F. Supp. 1487. As a result, uti- United States, and to the President’s com- S. 1850: A bill to amend the Solid Waste lization of home health services grew; and mission to eliminate the pending additional Disposal Act to bring underground storage Whereas, the growth continued until Con- 15 percent cut in home health payments tanks into compliance with subtitle I of that gress passed the 1997 Balanced Budget Act to scheduled for October 1, 2002. Act, to promote cleanup of leaking under- restrict spending; and ground storage tanks, to provide sufficient Whereas, an interim payment system (IPS) POM–357. A resolution adopted by the Leg- resources for such compliance and cleanup, was implemented in fiscal years 1998–2000 to islative of Guam relative to supporting ef- and for other purposes. (Rept. No. 107–316). immediately control spending; and forts for a Constitutional amendment to By Mr. HOLLINGS, from the Committee Whereas, the IPS system dramatically re- limit the authority of the federal court sys- on Commerce, Science, and Transportation, duced reimbursement rates, which fell below tem to appropriate money through judicial with an amendment: 1993 payment limits and resulted in 284 clo- orders; to the Committee on Finance. S. 2817: A bill to authorize appropriations sures of California home health care agen- for fiscal years 2003, 2004, 2005, 2006, and 2007 RESOLUTION NO. 6 (LS) cies during 1998–99; and for the National Science Foundation, and for Whereas, a new system, the prospective Whereas, concerns among state legisla- other purposes. (Rept. No. 107–317). payment system (PPS), was implemented to tures across the Nation have been raised rel- By Mr. HOLLINGS, from the Committee cease the IPS unprecedented reductions in ative to incursions by the Federal Judicial on Commerce, Science, and Transportation, payments; and Branch into areas are clearly defined as pow- with an amendment in the nature of a sub- Whereas, PPS could not correct the 49 per- ers of the Legislative Branch of government, stitute: cent cut in home health care outlays with more specifically, instance where members S. 630: A bill to prohibit senders of unsolic- further declines expected through 2002; and of the Federal judiciary have exercised the ited commercial electronic mail from dis- Whereas, during IPS implementation and power to levy or increase taxes; and guising the source of their messages, to give before PPS, a new national standard patient Whereas, it is incumbent on all Legislative consumers the choice to cease receiving a assessment system, the Outcomes and As- Branches of government, from the U.S. Con- sender’s unsolicited commercial electronic sessment Information Set (OASIS), was re- gress to each state jurisdiction, to insure mail messages, and for other purposes. (Rept. quired for all Medicare providers in 1999 and that the Separation of Powers Doctrine, its No. 107–318). provided burdensome reporting require- spirit, intent and integrity are inviolate; and By Mr. HOLLINGS, from the Committee ments; and Whereas, the Judicial Branch of the Fed- on Commerce, Science, and Transportation, Whereas, the implementation of IPS, PPS, eral Government has ignored constitutional without amendment: and OASIS collection has resulted in a 36- restrictions on its powers to levy or increase H.R. 2733: A bill to authorize the National percent reduction in the number of partici- taxes, a power clearly reserved and limited Institute of Standards and Technology to pating home health care providers, closure of to the Legislative Branch; and work with major manufacturing industries over 340 licensed home health agencies, and Whereas, the only resolution to this threat on an initiative of standards development reduced access to care for medically fragile to the integrity of and challenge to the Sepa- and implementation for electronic enterprise Californians; and ration of Powers Doctrine, must emanate integration. (Rept. No. 107–319). Whereas, the 1997 Balanced Budget Act has from the U.S. Congress in the form of a Con- By Mr. LIEBERMAN, from the Committee already reduced utilization and home health stitutional amendment: Now therefore, be it on Governmental Affairs, with an amend- care spending significantly below the in- Resolved, That I Mina’Bente Sais Na ment in the nature of a substitute: tended savings that were anticipated due to Liheslatuan Guahan does hereby, on behalf S. 2644: A bill to amend chapter 35 of title that act; and of the people of Guam, call upon the U.S. 31, United States Code, to expand the types Whereas, the Congressional Budget Office Congress to initiate the adoption of an of Federal agencies that are required to pre- projected home health expenditure reduc- amendment to the Constitution of the pare audited financial statements. United States which would more clearly de- tions of $16.2 billion over five years (fiscal f year 1998 to fiscal year 2002), actual reduc- fine and state the restriction upon the power tions from fiscal year 1998 to fiscal year 2000 of the Judicial Branch of the Federal Gov- EXECUTIVE REPORTS OF were $35.8 billion, and current projected re- ernment to levy or increase taxes in any COMMITTEES ductions for fiscal years 2001 and 2002 are an manner, means or form; and be it further additional $35.3 billion resulting in $71.1 bil- Resolved, That Mina’Bente Sais Na The following executive reports of lion; and Liheslaturan Guahan does hereby, on behalf committees were submitted: Whereas, California is undergoing an an- of the people of Guam, suggest that the form By Mr. GRAHAM for the Select Committee ticipated $20 billion budget deficit, which of the amendment to the United Constitu- on Intelligence. could result in Medi-Cal reducing current re- tional shall read: ‘‘Neither the Supreme *Scott W. Muller, of Maryland, to be Gen- imbursement rates to 2000 levels, resulting in Court nor any inferior court of the United eral Counsel of the Central Intelligence a double rate reduction guaranteed to dev- States shall have the power to instruct or Agency. astate the 629 Medicare certified home order a state or political subdivision thereof, By Mr. LEVIN for the Committee on health care agencies operating California; or any official of such state or political sub- Armed Services. and division, to levy or increase taxes’’; and be it Otis Webb Brawley, Jr., of Georgia, to be a Whereas, the proposed 15 percent cut in further Member of the Board of Regents of the Uni- home health care reimbursement rates will Resolved, That the Speaker certify, and the formed Services University of the Health negatively affect access to care, and leave Legislative Secretary attests to, the adop- Sciences for a term expiring June 20, 2003. thousands without a home health care agen- tion hereof and that copies of the same be Air Force nomination of Lt. Gen. Glen W. cy that can service their medical needs: Now, thereafter transmitted to the Honorable Moorehead III. therefore, be it George W. Bush, President of the United Air Force nominations beginning Colonel Resolved by the Assembly and Senate of the States of America; to the Honorable Richard Chris T. Anzalone and ending Colonel Thom- State of California, jointly, That the Legisla- B. Cheney, President of the United States as B. Wright, which nominations were re- ture of the State of California hereby re- Senate; to the Honorable J. Dennis Hastert, ceived by the Senate and appeared in the spectfully memorializes the President and Speaker of the United States House of Rep- Congressional Record on March 21, 2002.

VerDate Mar 15 2010 20:38 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00088 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16OC2.REC S16OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 16, 2002 CONGRESSIONAL RECORD — SENATE S10571 Air Force nomination of Col. Frederick F. ate and appeared in the Congressional By Mr. GRAHAM (for himself and Mr. Roggero. Record on October 8, 2002. FITZGERALD): Army nomination of Lt. Gen. Burwell B. Army nominations beginning Glenn E. S. 3119. A bill to amend the Public Health Bell III. Ballard and ending Marion J. Yester, which Service Act to ensure the guaranteed renew- Army nomination of Maj. Gen. Robert W. nominations were received by the Senate and ability of individual health insurance cov- Wagner. appeared in the Congressional Record on Oc- erage regardless of the health status-related Army nomination of Maj. Gen. Richard A. tober 8, 2002. factors of an enrollee; to the Committee on Hack. Army nomination of Robert D. Boidock. Health, Education, Labor, and Pensions. Army nomination of Brigadier General Army nomination of Dermot M. Cotter. By Mr. GRASSLEY (for himself, Mr. George A. Buskirk, Jr. Army nomination of Connie R. Kalk. BAUCUS, and Ms. COLLINS): Army nomination of Brig. Gen. David C. Army nomination of Michael J. Hoilien. S. 3120. A bill to impose restrictions on the Harris. Army nomination of Romeo Ng. ability of officers and employees of the Navy nomination of Thomas E. Parsha. Marine Corps nomination of Maj. Gen. United States to enter into contracts with Army nominations beginning Judy A. Ab- James T. Conway. corporations or partnerships that move out- bott and ending Dennis C. Zachary, which Navy nomination of Rear Adm. Lowell E. side the United States while retaining sub- nominations were received by the Senate and Jacoby. stantially the same ownership; to the Com- appeared in the Congressional Record on Oc- Navy nomination of Rear Adm. David L. mittee on Governmental Affairs. Brewer III. tober 10, 2002. Army nominations beginning Jose By Mr. BIDEN (for himself, Mr. LUGAR, Mr. LEVIN. Mr. President, for the Alamocarrasquillo and ending Matthew L. Mr. DOMENICI, Mrs. CLINTON, Mr. Committee on Armed Services I report Zizmor, which nominations were received by GREGG, and Mr. SCHUMER): favorably the following nomination the Senate and appeared in the Congres- S. 3121. A bill to authorize the Secretary of lists which were printed in the sional Record on October 10, 2002. State to undertake measures in support of Army nominations beginning Arthur L. international programs to detect and pre- RECORDS on the dates indicated, and vent acts of nuclear or radiological ter- ask unanimous consent, to save the ex- Arnold, Jr. and ending Mark S. Vajcovec, which nominations were received by the Sen- rorism, to authorize appropriations to the pense of reprinting on the Executive ate and appeared in the Congressional Department of State to carry out those Calendar that these nominations lie at Record on October 10, 2002. measures, and for other purposes; to the the Secretary’s desk for the informa- Army nominations beginning Adrine S. Committee on Foreign Relations. tion of Senators. Adams and ending Maryellen Yacka, which By Mr. BROWNBACK (for himself and The PRESIDING OFFICER. Without nominations were received by the Senate and Mr. HELMS): objection, it is so ordered. appeared in the Congressional Record on Oc- S. 3122. A bill to allow North Koreans to tober 10, 2002. apply for refugee status or asylum; to the Air Force nomination of James M. Knauf. Committee on the Judiciary. *Nomination was reported with rec- Air Force nomination of Gary P. Endersby. By Mr. DEWINE: Air Force nomination of Mark A. Jeffries. ommendation that it be confirmed sub- S. 3123. A bill to expand certain pref- Air Force nomination of John P. Regan. ject to the nominee’s commitment to erential trade treatment of Haiti; to the Air Force nomination of John S. McFad- respond to requests to appear and tes- Committee on Finance. den. tify before any duly constituted com- By Mr. MCCAIN (for himself, Mr. FEIN- Air Force nomination of Larry B. Largent. GOLD, and Mr. DURBIN): Air Force nomination of Frank W. mittee of the Senate. (Nominations without an asterisk S. 3124. A bill to amend the Communica- Palmisano. tions Act of 1934 to revise and expand the Air Force nominations beginning David S. were reported with the recommenda- lowest unit cost provision applicable to po- Brenton and ending Brenda K. Roberts, tion that they be confirmed.) litical campaign broadcasts, to establish which nominations were received by the Sen- f commercial broadcasting station minimum ate and appeared in the Congressional airtime requirements for candidate-centered Record on October 1, 2002. INTRODUCTION OF BILLS AND and issue-centered programming before pri- Air Force nominations beginning Cynthia JOINT RESOLUTIONS mary and general elections, to establish a A. Jones and ending Jeffrey F. Jones, which The following bills and joint resolu- voucher system for the purchase of commer- nominations were received by the Senate and tions were introduced, read the first cial broadcast airtime for political advertise- appeared in the Congressional Record on Oc- ments, and for other purposes; to the Com- tober 1, 2002. and second times by unanimous con- mittee on Commerce, Science, and Transpor- Air Force nomination of Mario G. Correia. sent, and referred as indicated: tation. Air Force nomination of Michael L. Mar- By Mr. LEAHY (for himself, Mr. JEF- By Mr. BROWNBACK (for himself, Mr. tin. FORDS, and Ms. COLLINS): NELSON of Florida, Mr. LIEBERMAN, Air Force nominations beginning Xiao Li S. 3114. A bill to ensure that a public safety Mr. MURKOWSKI, Mr. SESSIONS, and Ren and ending Jeffrey H.* Sedgewick, which officer who suffers a fatal heart attack or Mr. MILLER): nominations were received by the Senate and stroke while on duty shall be presumed to S. 3125. A bill to designate ‘‘God Bless appeared in the Congressional Record on Oc- have died in the line of duty for purposes of America’’ as the national song of the United tober 1, 2002. public safety officer survivor benefits; to the States; to the Committee on the Judiciary. Air Force nominations beginning Thomas Committee on the Judiciary. By Mr. KERRY (for himself, Mr. A.* Augustine III and ending Charles E.* By Mr. GRAHAM: SANTORUM, and Mr. SARBANES): Pyke, which nominations were received by S. 3115. A bill to authorize the Secretary of S. 3126. A bill to amend the Internal Rev- the Senate and appeared in the Congres- Agriculture to sell or exchange certain land enue Code of 1986 to allow an income tax sional Record on October 1, 2002. in the State of Florida, and for other pur- credit for the provision of homeownership Army nomination of Scott T. Williams. poses; to the Committee on Agriculture, Nu- and community development, and for other Army nomination of Erik A. Dahl. trition, and Forestry. purposes; to the Committee on Finance. Navy nomination of Ralph M. Gambone. By Mr. CORZINE: Air Force nominations beginning Errish S. 3116. A bill to permanently eliminate a Nasser G. Abu and ending Ernest J. procedure under which the Bureau of Alco- f Zeringue, which nominations were received hol, Tobacco, and Firearms can waive prohi- by the Senate and appeared in the Congres- bitions on the possession of firearms and ex- SUBMISSION OF CONCURRENT AND sional Record on October 4, 2002. plosives by convicted felons, drug offenders, SENATE RESOLUTIONS Air Force nominations beginning Dana H. and other disqualified individuals; to the The following concurrent resolutions Born and ending James L. Cook, which nomi- Committee on the Judiciary. and Senate resolutions were read, and nations were received by the Senate and ap- By Mr. BURNS: peared in the Congressional Record on Octo- S. 3117. A bill to extend the cooling off pe- referred (or acted upon), as indicated: ber 8, 2002. riod in the labor dispute between the Pacific By Ms. LANDRIEU (for herself, Mr. Army nomination of James R. Maritime Association and the International STEVENS, Mr. BREAUX, Mr. KOHL, Mr. Kimmelman. Longshore and Warehouse Union; to the LOTT, Mr. FEINGOLD, and Mr. REID): Army nomination of John E. Johnston. Committee on Health, Education, Labor, and S. Res. 342. A resolution commemorating Army nominations beginning Janet L. Pensions. the life and work of Stephen E. Ambrose; Bargewell and ending Mitchell E. Tolman, By Mr. ENSIGN (for himself, Mr. considered and agreed to. which nominations were received by the Sen- ALLARD, and Ms. CANTWELL): By Mr. DASCHLE (for himself and Mr. ate and appeared in the Congressional S. 3118. A bill to strengthen enforcement of LOTT): Record on October 8, 2002. provisions of the Animal Welfare Act relat- S. Res. 343. A resolution to authorize rep- Army nominations beginning Leland W. ing to animal fighting, and for other pur- resentation by the Senate Legal Counsel in Dochterman and ending Douglas R. Winters, poses; to the Committee on Agriculture, Nu- Newdow v. Eagen, et al; considered and which nominations were received by the Sen- trition, and Forestry. agreed to.

VerDate Mar 15 2010 20:38 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00089 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16OC2.REC S16OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10572 CONGRESSIONAL RECORD — SENATE October 16, 2002 By Mr. DASCHLE (for himself and Mr. ment, including the downpayment as- CLELAND) was added as a cosponsor of LOTT): sistance initiative under the HOME In- S. 2968, a bill to amend the American S. Res. 344. A resolution to authorize rep- vestment Partnerships Act, and for Battlefield Protection Act of 1996 to resentation by the Senate Legal Counsel in other purposes. authorize the Secretary of the Interior Manshardt v. Federal Judicial Qualifications Committee, et al; considered and agreed to. S. 2613 to establish a battlefield acquisition At the request of Mrs. MURRAY, her grant program. f name was added as a cosponsor of S. S. 3009 ADDITIONAL COSPONSORS 2613, a bill to amend section 507 of the At the request of Mr. WELLSTONE, the S. 582 Omnibus Parks and Public Lands Man- name of the Senator from Iowa (Mr. At the request of Mr. NELSON of Flor- agement Act of 1996 to authorize addi- HARKIN) was added as a cosponsor of S. ida, his name was added as a cosponsor tional appropriations for Historically 3009, a bill to provide economic secu- of S. 582, a bill to amend titles XIX and Black Colleges and Universities, to de- rity for America’s workers. crease the cost-sharing requirement re- XXI of the Social Security Act to pro- S. 3018 lating to the additional appropriations, vide States with the option to cover At the request of Mr. BAUCUS, the and for other purposes. certain legal immigrants under the name of the Senator from Maine (Ms. S. 2667 medicaid and State children’s health COLLINS) was added as a cosponsor of S. At the request of Mr. DODD, the name insurance program. 3018, a bill to amend title XVIII of the of the Senator from Maryland (Mr. S. 952 Social Security Act to enhance bene- SARBANES) was added as a cosponsor of ficiary access to quality health care At the request of Mr. BIDEN, his name S. 2667, a bill to amend the Peace Corps services under the medicare program, was added as a cosponsor of S. 952, a Act to promote global acceptance of and for other purposes. bill to provide collective bargaining the principles of international peace rights for public safety officers em- and nonviolent coexistence among peo- S. 3018 ployed by States or their political sub- ples of diverse cultures and systems of At the request of Mr. NELSON of Flor- divisions. government, and for other purposes. ida, his name was added as a cosponsor S. 1291 S. 2842 of S. 3018, supra. At the request of Mr. HATCH, the At the request of Mrs. CARNAHAN, the S. 3094 name of the Senator from Idaho (Mr. name of the Senator from Louisiana At the request of Mr. DORGAN, the CRAIG) was added as a cosponsor of S. (Mr. BREAUX) was added as a cosponsor name of the Senator from Washington 1291, a bill to amend the Illegal Immi- of S. 2842, a bill to amend the Older (Ms. CANTWELL) was added as a cospon- gration Reform and Immigrant Respon- Americans Act of 1965 to authorize ap- sor of S. 3094, a bill to amend the Farm sibility Act of 1996 to permit States to propriations for demonstration Security and Rural Investment Act of determine State residency for higher projects to provide supportive services 2002 to clarify the rates applicable to education purposes and to authorize to older individuals who reside in natu- marketing assistance loans and loan the cancellation of removal and adjust- rally occurring retirement commu- deficiency payments for other oilseeds, ment of status of certain alien college- nities. dry peas, lentils, and small chickpeas. bound students who are long term S. 2848 S. 3096 United States residents. At the request of Ms. COLLINS, the At the request of Mr. KOHL, the name S. 1617 name of the Senator from Pennsyl- of the Senator from Maryland (Ms. MI- At the request of Mr. DODD, the name vania (Mr. SPECTER) was added as a co- KULSKI) was added as a cosponsor of S. of the Senator from Minnesota (Mr. sponsor of S. 2848, a bill to amend title 3096, a bill to amend chapter 44 of title WELLSTONE) was added as a cosponsor XVIII of the Social Security Act to 18, United States Code, to require bal- of S. 1617, a bill to amend the Work- provide for a clarification of the defini- listics testing of all firearms manufac- force Investment Act of 1998 to in- tion of homebound for purposes of de- tured and all firearms in custody of crease the hiring of firefighters, and for termining eligibility for home health Federal agencies. other purposes. services under the medicare program. S. RES. 338 S. 1712 S. 2869 At the request of Mr. MCCAIN, the At the request of Mr. GRASSLEY, the At the request of Mr. KERRY, the names of the Senator from Alabama name of the Senator from Montana names of the Senator from New Mexico (Mr. SESSIONS), the Senator from Or- (Mr. BURNS) was added as a cosponsor (Mr. BINGAMAN), the Senator from egon (Mr. SMITH), the Senator from ARBANES of S. 1712, a bill to amend the proce- Maryland (Mr. S ), the Senator Missouri (Mr. BOND), the Senator from from Virginia (Mr. WARNER) and the dures that apply to consideration of Illinois (Mr. FITZGERALD) and the Sen- Senator from Maine (Ms. SNOWE) were interstate class actions to assure fairer ator from California (Mrs. BOXER) were outcomes for class members and de- added as cosponsors of S. 2869, a bill to added as cosponsors of S. Res. 338, a fendants, and for other purposes. facilitate the ability of certain spec- resolution designating the month of trum auction winners to pursue alter- S. 2006 October, 2002, as ‘‘Children’s Internet native measures required in the public Safety Month.’’ At the request of Mr. GRAHAM, the interest to meet the needs of wireless name of the Senator from Alabama telecommunications consumers. S. RES. 339 (Mr. SESSIONS) was added as a cospon- At the request of Mrs. MURRAY, the S. 2869 sor of S. 2006, a bill to amend the Inter- name of the Senator from Louisiana At the request of Mr. BENNETT, his nal Revenue Code of 1986 to clarify the name was added as a cosponsor of S. (Ms. LANDRIEU) was added as a cospon- eligibility of certain expenses for the 2869, supra. sor of S. Res. 339, a resolution desig- low-income housing credit. nating November 2002, as ‘‘National S. 2876 S. 2562 Runaway Prevention Month.’’ At the request of Mrs. MURRAY, the At the request of Mr. REID, the name names of the Senator from Massachu- S. CON. RES. 3 of the Senator from Vermont (Mr. JEF- setts (Mr. KENNEDY), the Senator from At the request of Mr. FEINGOLD, the FORDS) was added as a cosponsor of S. Connecticut (Mr. DODD) and the Sen- name of the Senator from Washington 2562, a bill to expand research regard- ator from New Mexico (Mr. BINGAMAN) (Mrs. MURRAY) was added as a cospon- ing inflammatory bowel disease, and were added as cosponsors of S. 2876, a sor of S. Con. Res. 3, a concurrent reso- for other purposes. bill to amend part A of title IV of the lution expressing the sense of Congress S. 2584 Social Security Act to promote secure that a commemorative postage stamp At the request of Mr. ALLARD, the and healthy families under the tem- should be issued in honor of the U.S.S. name of the Senator from Alabama porary assistance to needy families Wisconsin and all those who served (Mr. SESSIONS) was added as a cospon- program, and for other purposes. aboard her. sor of S. 2584, a bill to support certain S. 2968 S. CON. RES. 138 housing proposals in the fiscal year At the request of Mr. SARBANES, the At the request of Mr. REID, the name 2003 budget for the Federal Govern- name of the Senator from Georgia (Mr. of the Senator from New York (Mr.

VerDate Mar 15 2010 20:38 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00090 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16OC2.REC S16OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 16, 2002 CONGRESSIONAL RECORD — SENATE S10573 SCHUMER) was added as a cosponsor of thousands are injured in the line of to fires and hazardous material spills S. Con. Res. 138, a concurrent resolu- duty. While PSOB benefits can never be to providing emergency medical serv- tion expressing the sense of Congress a substitute for the loss of a loved one, ices to reacting to weapons of mass de- that the Secretary of Health and the families of all our fallen heroes de- struction. They do this with an unwav- Human Services should conduct or sup- serve to collect these funds. ering commitment to the safety of port research on certain tests to screen The PSOB Program provides a one- their fellow citizens, and are forever for ovarian cancer, and Federal health time financial benefit to the eligible willing to selflessly sacrifice their own care programs and group and indi- survivors of federal, state, and local lives to protect the lives and property vidual health plans should cover the public safety officers whose deaths are of their fellow citizens. It is time for tests if demonstrated to be effective, the direct and proximate result of a Congress to show its support and ap- and for other purposes. traumatic injury sustained in the line preciation for these extraordinarily S. CON. RES. 142 of duty. Last year, Congress improved brave and heroic public safety officers. At the request of Mr. SMITH of Or- the PSOB Program by streamlining the We should quickly work to pass the egon, the name of the Senator from process for families of public safety of- Hometown Heroes Survivors Benefit Minnesota (Mr. WELLSTONE) was added ficers killed or injured in connection Act. as a cosponsor of S. Con. Res. 142, a with prevention, investigation, rescue Mr. JEFFORDS. Mr. President, I am concurrent resolution expressing sup- or recovery efforts related to a ter- pleased to join with Senators LEAHY port for the goals and ideas of a day of rorist attack. We also retroactively in- and COLLINS in introducing the Senate tribute to all firefighters who have died creased the total benefits available by counterpart of the Hometown Heroes in the line of duty and recognizing the $100,000 as part of the USA PATRIOT Survivors Benefits Act of 2002. This important mission of the Fallen Fire- Act. The PSOB Program now provides legislation closes a gap in the survivor fighters Foundation in assisting family approximately $250,000 in benefits to benefits the Federal Government pro- members to overcome the loss of their the families of law enforcement offi- vides to the families of public safety fallen heroes. cers, firemen, emergency response officers who die in the line of duty. f squad members, and ambulance crew These public safety officers are the members who are killed in the line of people that keep our streets safe, help STATEMENTS ON INTRODUCED duty. Unfortunately, the issue of in- to fight fires, and respond to emer- BILLS AND JOINT RESOLUTIONS cluding heart attack and stroke vic- gency calls. The Federal Government By Mr. LEAHY (for himself, Mr. tims in the PSOB Program was not ad- has rightfully created a one-time fi- JEFFORDS, and Ms. COLLINS): dressed at that time. nancial benefit for the families of pub- S. 3114. A bill to ensure that a public The PSOB Program does not cover lic safety officers who die in the line of safety officer who suffers a fatal heart deaths resulting from occupational ill- duty to recognize the sacrifice and im- attack or stroke while on duty shall be ness or pulmonary or heart disease un- portance of public safety officers in our presumed to have died in the line of less a traumatic injury is a substantial society. duty for purposes of public safety offi- factor to the death. However, if toxi- Unfortunately, due to a technicality cer survivor benefits; to the Committee cology reports demonstrate a carbon in the law some families of public safe- on the Judiciary. monoxide level of 10 percent or greater, ty officers that die of a heart attack or Mr. LEAHY. Mr. President, I rise 15 percent or greater for the smoker, at stroke are being denied this important today with Senators JEFFORDS and the onset of a heart attack benefits are financial benefit. This is unacceptable COLLINS to introduce the Hometown paid. The PSOB Program has developed and we need to make sure that we Heroes Survivors Benefits Act of 2002. a formula that addresses oxygen ther- enact this legislation to ensure that Our bipartisan legislation will improve apy provided to the victim prior to the the families of these public safety offi- the Department of Justice’s Public death. cers are covered. Safety Officers’ Benefits, PSOB, Pro- Heart attack and cardiac related Many years ago I was a volunteer gram by allowing families of public deaths account for almost half of all firefighter in my small town of Shrews- safety officers who suffer fatal heart firefighter fatalities, between 45–50 bury, VT. It was a very demanding, attacks or strokes to qualify for Fed- deaths, and an average of 13 police offi- stressful, and exhausting job. Every eral survivor benefits. cer deaths each year. Yet the families year almost half the firefighter fatali- Public safety officers are among our of these fallen heroes are rarely eligi- ties in the United States are from most brave and dedicated public serv- ble to receive PSOB benefits. In Janu- heart attack or cardiac related rea- ants. I applaud the efforts of all mem- ary 1978, special Deputy Sheriff Ber- sons. Not all of these deaths occur bers of fire, law enforcement, and res- nard Demag of the Chittenden County while fighting the fire, but are related cue organizations nationwide who are Sheriff’s Office suffered a fatal heart to their unselfish dedication to the the first to respond to more than 1.6 attack within two hours of his chase task at hand. million emergency calls annually, and apprehension of an escaped juve- This legislation would provide that a whether those calls involve a crime, nile whom he had been transporting. public safety officer who dies as the re- fire, medical emergency, spill of haz- Mr. Demag’s family spent nearly two sult of a heart attack or stroke suf- ardous materials, natural disaster, act decades fighting in court for workers’ fered while on duty or within 24 hours of terrorism, or transportation acci- compensation death benefits all to no after participating in a training exer- dent, without reservation. They act avail. Clearly, we should be treating cise or responding to an emergency sit- with an unwavering commitment to surviving family members with more uation shall be presumed to have died the safety and protection of their fel- decency and respect. as the direct and proximate result of a low citizens, and are forever willing to Public safety is dangerous, exhaust- personal injury sustained in the line of selflessly sacrifice their own lives to ing, and stressful work. A first re- duty for purposes of survivor benefits. provide safe and reliable emergency sponder’s chances of suffering a heart These public safety officers are out services to their communities. Sadly, attack or stroke greatly increase when there everyday ensuring our safety; this dedication to service can result in he or she puts on heavy equipment and Congress needs to ensure that the sur- tragedy, as was evident by the bravery rushes into a burning building to fight viving families receive this important displayed on September 11th. a fire and save lives. The families of financial benefit. In the days and months since Sep- these brave public servants deserve to I encourage my colleagues to join me tember 11th, I have been particularly participate in the PSOB Program if in recognizing the heroism and sac- touched by the stories of unselfish sac- their loved ones die of a heart attack rifice of public safety officers by co- rifices made by scores of New York or other cardiac related ailments while sponsoring this important legislation. City first responders who bravely en- selflessly protecting us from harm. tered the World Trade Center that day First responders across the country By Mr. CORZINE: with the singular goal of saving lives. now face a new series of challenges as S. 3116. A bill to permanently elimi- More than one hundred firefighters in they respond to over 1.6 million emer- nate a procedure under which the Bu- America lose their lives every year and gency calls this year, from responding reau of alcohol, Tobacco, and Firearms

VerDate Mar 15 2010 20:38 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00091 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16OC2.REC S16OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10574 CONGRESSIONAL RECORD — SENATE October 16, 2002 can waive prohibitions on the posses- are now charging ahead in the right di- trade each year. These ports handle sion of firearms and explosives by con- rection. more than half of all containerized im- victed felons, drug offenders, and other It is this kind of American resolve ports and exports. disqualified individuals; to the Com- that has built this Nation into the West Coast ports handle 25 percent of thriving world power it is today. mittee on the Judiciary. all U.S. grain exports, 40 percent of all However, recent developments on the Mr. CORZINE. Mr. President, I rise wheat, 14 percent of all corn, and seven West Coast have created a different today to introduce important gun con- percent of all soybeans exports. trol legislation that would shut down kind of crisis but no less damaging to permanently the guns for felons pro- America’s economy. Sixty-five percent of all U.S. contain- gram. On Sunday, September 29, the Pacific erized food trade moved through these For too many years the Federal Gov- Maritime Association, PMA, locked ports in 2001. During the lockout, the ernment spent millions of dollars a out workers in twenty-nine West Coast dispute was estimated to have cost the year to restore the gun privileges of ports for more than a week in response America’s economy $2 billion a day. convicted felons. Fortunately, for the to a reported work-slow down by mem- Trade with Asia is particularly af- last ten years, Congress has seen fit to bers of the International Longshore fected. Japan, Korea, Taiwan, Hong defund the program, through annual and Warehouse Union, ILWU. Kong, China, Indonesia, Thailand, the funding restrictions. Last week, President Bush invoked Philippines, India, and Malaysia are the Taft-Hartley Act that ended the Congress was right to defund a pro- the top 10 destinations for container- lock out allowing workers to go back gram that, according to the Violence ized U.S. agriculture products. To- to work and negotiators to work Policy Center, restored gun privileges gether, these nations receive 85 percent through these problems over the course for thousands of convicted felons, at a of all agricultural shipments from the of an 80-day cooling-off period. cost of millions of dollars to the tax- West Coast. I applaud the President’s action. payer. As the Violence Policy Center However, I am concerned about con- If these countries cannot count on demonstrated, a number of these felons flicting messages being sent by the U.S. exports, they will turn to our went on to commit violent crimes. ILWU and the PMA. More importantly, competitors. Our farmers and ranchers I believe strongly that we must do all I am concerned about the lack of inter- spend precious resources on market de- we can to keep guns out of criminals’ est either party, management or labor, velopment activities. It’s very frus- hands. I am pleased that every year has regarding the economic fate of trating to lose shares of those markets Congress has renewed the funding ban, America’s workers and America’s agri- solely because a small group of labor which prohibits ATF from processing cultural economy. and management representatives can- firearms applications from convicted The economic impact of this labor not agree on a resolution. felons. Indeed, by introducing this leg- dispute has temporarily crippled our islation today, I do not in any way in- Again, I applaud President Bush’s de- Nation’s economy. This dispute has cision last week. I encouraged his ac- tend to imply that the annual funding threatened America’s national health bans are not sufficient to shut down tion and stand by him now. Invoking and safety. In many economic sectors, Taft-Hartley was the only short-term the guns for felons program. jobs were lost, workers were sent home Today the Supreme Court is hearing remedy for the dispute that tempo- and Americans will temporarily pay rarily closed the West Coast ports. arguments in a case that could jeop- higher prices for consumer goods. ardize our efforts to ensure that con- However, once the President made Furthermore, during the cooling off victed felons do not have access to his intention known to invoke Taft- period, I urge the President to use his guns by possibly giving Federal judges Hartley, the AFL–CIO issued an Oct. 7 powers to judicially enforce produc- the power to rearm those felons regard- press release charging the President’s tivity is not purposely restricted. less of the Congressional funding ban. I action: ‘‘preempts the collective bar- I do not stand here today in support have been active in pushing for the gaining process and undermines the of the PMA’s position, nor do I stand funding ban, and it certainly was not rights of workers with union represen- here today in support of the ILWU’s po- my intention, nor do I believe it was tation to negotiate on equal footing sition. Rather, I stand here today in anyone else’s intention, to give judges with their employers’’. support of the Nation’s economy, the power to unilaterally give felons their Neither side in a collective bar- American worker, the Montana farmer, firearm privileges back. It is hard gaining negotiating process should be the retailer, the food distributor, the enough for ATF, after conducting an able to leverage the nation’s economy truck and rail operators, the consumer, intensive investigation, to make judg- in an attempt to control the debate. and every other American that is being ments about an individual felon; for a Doing so is a very selfish act. And harmed by this action. court to do it on its own is completely criticizing the President for his action inappropriate. To put it simply, courts is a very shortsighted approach to I believe collective bargaining can will lack the resources to make an in- these negotiations. and has worked more often than not. formed judgment in this regard. In any The ILWU claims they want to go However, it is arrogant for any man- case, Congress’ intent, and the appro- back to work. Due to the only recourse agement or labor group to paralyze priate rule, is that felons should be available on behalf of the American commerce in our nation. prohibited from owning guns period. economy, they are, today, back at Reopening the ports, even if only for Enacting my legislation will eliminate work. 80 days, will benefit the economy. The the guns for felons program perma- I question the AFL–CIO’s interest in parties will be given time to settle the nently and prevent the need for Con- the American economy. Does the AFL– dispute. Manufacturers and retailers gress to revisit this issue every year. CIO not recognize the impact this labor will be given additional time to adjust disruption has on the nation’s econ- and prepare. By Mr. BURNS: omy? At stake are thousands of jobs Invoking Taft-Hartley was the right S. 3117. A bill to extend the cooling and millions of dollars in commerce. thing to do. It was the appropriate ac- off period in the labor dispute between Let me clarify that impact and put a tion to take to protect our economy, to the Pacific Maritime Association and Montana stamp on it. protect American workers, to ensure the International Longshore and Ware- Exports are critical to the American house Union; to the Committee on economy. American exporters ship we have a healthy and happy holiday Health, Education, Labor, and Pen- their products overseas, including agri- season. sions. cultural exports such as wheat, corn, The 80-day cooling-off period will Mr. BURNS. Mr. President, last year soybeans, and pork products, and man- allow both parties to re-evaluate their our Nation’s economy was briefly held ufactured goods of all shapes and sizes. respective positions. Furthermore, it hostage by an attack on American soil. West Coast ports are crucial to U.S. will give the ports an opportunity to We have overcome that challenge and trade, handling over $300 billion in clear up a mounting backlog that has

VerDate Mar 15 2010 20:38 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00092 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16OC2.REC S16OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 16, 2002 CONGRESSIONAL RECORD — SENATE S10575 paralyzed much of our West Coast ex- the materials associated with animal ance Fairness Act of 2002’’ and I am port and import commerce. And fi- fighting. They also seek to legitimize very pleased to have Senator FITZ- nally, it will allow the ILWU workers this shocking practice. GERALD join me as an original cospon- to go back to work earning a living for During the consideration of the Farm sor. This legislation would prohibit the their families. Bill, a provision was included that insurance practice of reunderwriting at Today, I would like to introduce a closed loopholes in Section 26 of the renewal, thereby protecting the mil- bill that would extend the cooling-off Animal Welfare Act. Both the House lions of Americans relying on indi- period thirty days until the end of Jan- and the Senate increased the maximum vidual health insurance policies. uary. At present the 80 day cooling off jail time for individuals who violate The need for this legislation was period will end between Christmas Day any provision of Section 26 of the Ani- brought to my attention by an excel- and New Years Day. mal Welfare Act from one year to two lent April 9, 2002 article in the Wall This is a move that will not impact years, making any violation a Federal Street Journal that documented the the negotiations between the two par- felony. However, during the conference, impact of reunderwriting on a married ties. However, it will allow the cooling- the jail time increase was removed. couple from Florida. off period to end at the end of January The legislation that I am introducing Shaneen Wahl of Port Charlotte, FL rather than the end of December and today seeks to do three things. First, it was diagnosed with breast cancer in between Christmas and New Years. restores the jail time increase to treat 1996. At that time, she and her husband Extending the deadline beyond the the violations as a felony. I am in- Tom were paying $417 a month for health insurance. In addition to coping Holiday season will help to unsnarl the formed by U.S. Attorneys that they are with cancer, the Wahls began to face mess created by this dispute; give the hesitant to pursue animal fighting rapidly increasing premiums, and by ports another thirty days to clear up cases with merely a misdemeanor pen- August 2000 their insurer informed the backlog. Finally, it will give Con- alty. To illustrate this, it is important them that their new rate would be gress and the American people an abil- to note that only three cases since 1976 $1,881 a month. This premium increase ity to approach the end of this cooling- have advanced, even though the USDA wasn’t due to non-payment of pre- off period fully aware of the impor- has received innumerable tips from in- miums or any other action of the tance of this negotiation and uninter- formants and requests to assist with Wahls. It was the result of reunder- rupted by the holiday season. state and local prosecutions. Increased writing conducted by the Wahl’s insur- If negotiators are able to work out a penalties will provide a greater incen- ance company. resolution, we have lost nothing. How- tive for federal authorities to pursue Reunderwriting at renewal is a prac- ever, if in the case, there is no resolu- animal fighting cases. tice that forces people who have be- tion by the end of the cooling-off pe- Second, the bill prohibits the inter- come ill to pay substantial premium riod, this extension could save thou- state shipment of cockfighting imple- increases or lose their health insur- sands of American jobs and millions of ments, such as razor-sharp knives and ance. While most insurers evaluate an dollars in economic losses. gaffs. The specific knives are com- individual’s medical history only at I encourage my colleagues to join me monly known as ‘‘slashers.’’ The slash- the outset, some have adopted the in this effort. ers and ice-pick-like gaffs are attached practice of reviewing customers’ health to the legs of birds to make the status annually. The purpose of this re- By Mr. ENSIGN (for himself, Mr. cockfights more violent and to induce view is to determine if the individual ALLARD, and Ms. CANTWELL): bleeding of the animals. These weapons has developed a medical condition or S. 3118. A bill to strengthen enforce- are used only in cockfights. Since Con- has filed claims; if such a determina- ment of provisions of the Animal Wel- gress has restricted shipment of birds tion is made, the company raises the fare Act relating to animal fighting, for fighting, it should also restrict im- individual’s premium. This practice and for other purposes; to the Com- plements designed specifically for contributes enormously to the insta- mittee on Agriculture, Nutrition, and fights. bility of health insurance by making it Forestry. Finally, the bill updates language re- difficult, it not impossible, for people Mr. ENSIGN. Mr. President, I am garding the procedures that enforce- who have paid insurance premiums for pleased to be joined by Senators ment agents follow when they seize the years to continue that health insur- ALLARD and CANTWELL to introduce the animals. This regards the proper care ance at the very time they need it the Animal Fighting Enforcement Act. I and transportation of the animals that most. would like to thank my colleagues for are seized. It also states that the court How does it work? Carriers reunder- their support in this endeavor to pro- may order the convicted person to pay writing at renewal charge substan- tect the welfare of animals. This legis- for the costs incurred in the housing, tially higher renewal premiums to pol- lation targets the troubling, wide- care, feeding, and treatment of the ani- icyholders who have been diagnosed spread and sometimes underground ac- mals. with an illness or had medical claims tivities of dogfighting and cockfighting I appreciate the support of both Sen- than they charge other policyholders. where dogs and birds are bred and ators ALLARD and CANTWELL in this ef- The carriers do this by transferring a trained to fight to the death. This is fort, and look forward to the over- policyholder to a higher risk class than done for the sheer enjoyment and ille- whelming support of my other col- the policyholder was in when the pol- gal wagering of the animals’ handlers leagues in the Senate. I also wish to icy was issued or in some cases by and spectators. recognize Representative ROBERT AN- manually adjusting the policyholder’s These activities are reprehensible DREWS for his leadership on the House rate based on his or her medical and despicable. Our States’ laws reflect version of this bill. Surely, this is an claims. In either case, the individual’s this sentiment. All 50 States have pro- issue that must be addressed as soon as premium is based on his or her claims hibited dogfighting. It is considered a possible. We cannot allow this barbaric or health status during the policy year. felony in 46 States. Cockfighting is il- practice to continue in our civilized so- For example, in another case from legal in 47 States, and it is a felony in ciety. Florida, Bruce and Wanda Chambers of 26 States. In my home State of Nevada, St. Augustine saw their rates increase both dogfighting and cockfighting are By Mr. GRAHAM (for himself and from $300 per month to $780 per month considered felonies. In fact, it is a fel- Mr. FITZGERALD): in just one year after Wanda was diag- ony to even attend a dogfighting or S. 3119. A bill to amend the Public nosed with diabetes. cockfighting match. Health Service Act to ensure the guar- Consumers purchase insurance so Unfortunately, in spite of public op- anteed renewability of individual that they will have access to health position to extreme animal suffering, health insurance coverage regardless of care should they become ill, as in the these animal fighting industries thrive. the health status-related factors of an example of Wanda Chambers. If car- There are 11 underground dogfighting enrollee; to the Committee on Health, riers are allowed to increase premium publications, and several above-ground Education, Labor, and Pensions. rates based on health status at re- cockfighting magazines. These maga- Mr. GRAHAM. Mr. President, I am newal, consumers face a choice be- zines advertise and sell animals and pleased to introduce the ‘‘Health Insur- tween the very two outcomes they had

VerDate Mar 15 2010 20:38 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00093 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16OC2.REC S16OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10576 CONGRESSIONAL RECORD — SENATE October 16, 2002 planned to avoid by purchasing insur- more secure. The legislation would worth over $286 million dollars. ance in the first place: they can drop clarify that guaranteed renewal of Accenture had contracts worth nearly the insurance policy and thus likely health insurance means that insurers $279 million. Ingersoll Rand left the forgo access to health care in times of cannot target individuals for premium United States for Bermuda, where it illness, or they can pay the grossly in- increases because the have had claims reportedly pays less than $28,000 a year flated premiums and thus face finan- or a new disease diagnosis. The bill to register its phony headquarters and cial ruin. would ensure that individuals will not receives $40 million in U.S. tax savings. The practice of reunderwriting at re- be priced out of the market for health Ingersoll Rand had more than 200 gov- newal violates the spirit of health in- insurance at the very time that they ernment contracts in 2001, worth over surance guaranteed renewability re- need it most. $12 million. quirements under state and federal The goals of this legislation are sim- law. In the 1990’s, the National Associa- ple: 1. To strengthen HIPAA’s promise I was the first member of Congress to tion of Insurance Commissioners, of guaranteed renewable coverage and disclose that inverting corporations NAIC, developed model laws to prohibit make private health insurance more were receiving Federal contracts, back insurance companies from canceling secure for millions of Americans, and 2. in March of this year. Out of respect policies once an individual became to hold all insurers accountable to a for the committee system, I have wait- sick. In 1997, the Health Insurance level playing field of reasonable stand- ed for the committees with jurisdiction Portability and Accountability Act, ards so they can compete fairly with- over government contracts to act on HIPAA, applied this requirement to all out dumping customers when they get this issue. They have not. Instead, we health insurance policies subject to sick. have seen a series of politically-in- HIPAA. As a result, carriers can no The ‘‘Health Insurance Fairness Act’’ spired amendments offered in Congress, longer cancel individuals because of will help the many millions of people all of which are ineffective, easily their medical claims. who rely on the individual health in- evaded, and, if enacted, could cost Reunderwriting is a way to cir- surance market: those that are self-em- cumvent these requirements, and has thousands of Americans their jobs. I ployed, those employed by small busi- then read in the paper last week that been justified as a means of holding nesses unable to get group coverage, down premiums, for the healthy. How- the Defense Appropriations conferees early retirees who rely disproportion- dropped one of those amendments, ever, a July 17, 2002 memo to all NAIC ately on individual health insurance if rather than try to rewrite it. I decided Members from Steven B. Larsen, Chair their COBRA runs out before Medicare enough is enough. It is time for serious of the Health Insurance & Managed begins, and others whose employers legislation on this issue. Care (B) Committee clarifies that the don’t provide health benefits. practice of reunderwriting is illegal I urge my colleagues to cosponsor the Chairman BAUCUS and I offer our bi- under NAIC Model Laws: ‘‘Health Insurance Fairness Act’’ and I partisan RECAP bill as a compliment The committee also noted that the prac- thank the Chair. to our earlier REPO bill on corporate tice is contrary to adopted NAIC policy, and inversions. For future corporate inver- is illegal under NAIC Model Laws governing By Mr. GRASSLEY (for himself, sions, our RECAP bill will bar the in- the individual market. The Small Employer Mr. BAUCUS, and Ms. COLLINS): and Individual Health Insurance Availability S. 3120. A bill to impose restrictions verting company from receiving Fed- Model Act (Model #35) provides for adjusted on the ability of officers and employees eral contracts. For the inversions that community rating, and health status is not of the United States to enter into con- have already gotten out before the one of the factors that can be used to set tracts with corporations or partner- REPO bill can be enacted, our RECAP rates. The Individual Health Insurance Port- bill will make them send back their ill- ability Model Act (Model #37) provides for ships that move outside the United the use of rating characteristics, and health States while retaining substantially gotten tax savings by forcing them to status is not one of the listed characteris- the same ownership; to the Committee lower their bids in order to obtain gov- tics. More specifically that model also pro- on Governmental Affairs. ernment contracts. The RECAP bill vides that changes in health status after Mr. GRASSLEY. Mr. President, I rise does not unwind Federal contracts that issue, and durational rating, are not to be today to offer a bill on behalf of Sen. were legal when they were entered used in setting premiums for individual poli- BAUCUS and myself to address the issue into. Therefore, unlike the other pro- cies. of inverting corporations that are posals, our RECAP bill will not throw Insurance companies should not be awarded contracts by the federal gov- thousands of Americans out of a job. allowed to manage health-care costs by ernment. Our bill is the ‘‘Reclaiming The bill we submit today has only one targeting individuals for premium in- Expatriated Contracts and Profits’’, objective: to permanently place cor- creases because an individual was diag- RECAP, Act. porate inversions on the endangered nosed with an illness or has had med- Inverting corporations set up a folder species list. ical claims. Doubling or tripling pre- in a foreign filing cabinet or a mail box miums for only the individuals who overseas and call that their new for- I am aware that many of my col- have been diagnosed with an illness eign ‘‘headquarters.’’ This allows com- leagues believe this measure is unnec- forces those individuals to drop their panies to escape millions of dollars of essary because inverting corporations policies and is functionally the same as Federal taxes every year. In April of pay U.S. taxes on their profits from not renewing coverage. this year, Sen. BAUCUS and I introduced Federal contracts. It is generally true Not only is reunderwriting bad for the ‘‘Reversing the Expatriation of that profits earned from a Federal con- consumers, but it creates a competitive Profits Offshore’’, REPO, Act to shut tract are taxable in the United States, disadvantage to the many reputable in- down these phony corporate inversions. but those profits are easily reduced surance companies that agree that this Today, our REPO bill sits in the Care when an inverter creates phony deduc- practice is contrary to the public inter- Act, awaiting Senate passage. tions through its inversion structure. est and undermines the theory behind You would think that the ‘‘greed- For example, most inverted companies insurance. Faced with the practice grab’’ of corporate inversions would create phony interest deductions for being used by some companies, the satisfy most companies, but unfortu- interest that is fictitiously paid to the Wall Street Journal has reported that nately it is not enough. After these ‘‘file folder’’ foreign headquarters. Ob- other carriers are ‘‘closely watching’’ corporations invert and save millions jections to this bill simply overlook this practice intending to adopt a simi- in taxes, they then come back into the the real insult to the American people: lar practice either to avoid a competi- United States to obtain juicy contracts these inverted companies take other tive disadvantage or to improve their with the Federal Government. peoples’ tax dollars to make a profit, bottom line. While selective targeting Imagine the nerve. They create but they won’t pay their share of taxes phony foreign headquarters to escape improves the profitability of the re- to keep America strong. And that’s underwriter, it shifts the responsibility taxes and then use other peoples’ taxes just wrong. for higher risk people to other insurers to turn a profit. That’s really some- or employers or local and state govern- thing, something that needs to be So let me be clear to everyone devel- ment health programs. stopped. oping or contemplating one of these in- The legislation we are introducing Let’s look at some of the numbers. version deals, you proceed at your own today would make health insurance Tyco had over 1700 contracts in 2001, peril. We are not only going after the

VerDate Mar 15 2010 20:38 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00094 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16OC2.REC S16OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 16, 2002 CONGRESSIONAL RECORD — SENATE S10577 corporate expatriation abuse, but also (2) EXCEPTION WHERE NO TAX AVOIDANCE partnership, such actions shall be treated as the abusers who seek big government PURPOSE.— pursuant to a plan. contracts while skirting their U.S. tax (A) IN GENERAL.—This section shall not (C) CERTAIN TRANSFERS DISREGARDED.—The obligations. I intend to pursue this apply to a foreign incorporated entity or an transfer of properties or liabilities (including by contribution or distribution) shall be dis- issue throughout the remainder of this acquired entity if the entity requests, and the Secretary of the Treasury issues, a deter- regarded if such transfers are part of a plan Congress and into the next. mination letter that the acquisition de- a principal purpose of which is to avoid the I ask unanimous consent that the scribed in subsection (c)(1)(A) with respect to purposes of this section. text of the bill be printed in the the entity did not have as one of its principal (D) SPECIAL RULE FOR RELATED PARTNER- RECORD. purposes the avoidance of Federal income SHIPS.—For purposes of applying this sub- There being no objection, the bill was taxation. section to the acquisition of a domestic part- ordered to be printed in the RECORD, as (B) PROCEDURES.—The Secretary of the nership, except as provided in regulations, follows: Treasury shall prescribe the time and man- all partnerships which are under common S. 3120 ner of filing a request under this paragraph. control (within the meaning of section 482 of (C) STAY OF RESTRICTION PERIOD.— the Internal Revenue Code of 1986) shall be Be it enacted by the Senate and House of Rep- treated as 1 partnership. resentatives of the United States of America in (i) IN GENERAL.—The restriction period (E) TREATMENT OF CERTAIN RIGHTS.—The Congress assembled, with respect to an entity filing a request under this paragraph shall not begin until Secretary of the Treasury shall prescribe SECTION 1. SHORT TITLE. the Secretary of the Treasury notifies the such regulations as may be necessary— This Act may be cited as the ‘‘Reclaiming (i) to treat warrants, options, contracts to Expatriated Contracts and Profits Act’’. entity that it will not issue a determination letter with respect to the request. acquire stock, convertible debt instruments, SEC. 2. RESTRICTIONS ON FEDERAL CONTRACTS and other similar interests as stock, and WITH CERTAIN INVERTED ENTITIES. (ii) NO ACTION.—If the Secretary takes no action with respect to a request during the 1- (ii) to treat stock as not stock. (a) RESTRICTIONS.— (d) ACQUIRED ENTITY TO WHICH SECTION AP- (1) BAN ON CERTAIN INVERTED ENTITIES.— year period beginning on the date of the re- quest (or such longer period as the Secretary PLIES.— Notwithstanding any other provision of (1) IN GENERAL.—This section shall apply to law— and the entity may agree upon), the Sec- retary shall be treated as having issued a de- an acquired entity if a foreign incorporated (A) no officer or employee of the United entity would be treated as an inverted do- termination letter described in subparagraph States may enter into, extend, or modify a mestic corporation with respect to the ac- (A). This clause shall not apply to a request contract with a foreign incorporated entity quired entity if subsection (c)(1)(B) were ap- if the entity does not submit the request in treated as an inverted domestic corporation plied by substituting ‘‘50 percent’’ for ‘‘80 proper form or the entity does not provide under subsection (c) during the restriction percent’’. the information the Secretary requests to period for the entity, and (2) APPLICATION TO CERTAIN ACQUISITIONS process the request. (B) any officer or employee of the United BEFORE ENACTMENT.—This section shall apply States entering into a contract after the (c) INVERTED DOMESTIC CORPORATION.—For to an acquired entity if a foreign incor- date of the enactment of this Act shall in- purposes of this section— porated entity would be treated as an in- clude in the contract a prohibition on the (1) IN GENERAL.—A foreign incorporated en- verted domestic corporation if subsection subcontracting of any portion of the con- tity shall be treated as an inverted domestic (c)(1) were applied— tract to any foreign incorporated entity corporation if, pursuant to a plan (or a series (A) by substituting ‘‘after December 31, treated as an inverted domestic corporation of related transactions)— 1996, and on or before the date of the enact- under subsection (c) during the restriction (A) the entity completes after the date of ment of this Act,’’ for ‘‘after the date of the period for the entity. the enactment of this Act the direct or indi- enactment of this Act’’ in subparagraph (A), (2) MANDATORY REDUCTION IN CONTRACT rect acquisition of substantially all of the and EVALUATION OF CERTAIN ENTITIES.— properties held directly or indirectly by a do- (B) by substituting ‘‘50 percent’’ for ‘‘80 (A) IN GENERAL.—If, during the restriction mestic corporation or substantially all of the percent’’ in subparagraph (B). period for an acquired entity to which this properties constituting a trade or business of (3) ACQUIRED ENTITY.—For purposes of this section applies, the entity makes an offer in a domestic partnership, section— response to a solicitation of offers for a con- (B) after the acquisition at least 80 percent (A) IN GENERAL.—The term ‘acquired enti- tract with the United States, any officer or of the stock (by vote or value) of the entity ty’ means the domestic corporation or part- employee of the United States evaluating is held— nership substantially all of the properties of the offer shall, solely for purposes of award- (i) in the case of an acquisition with re- which are directly or indirectly acquired in ing the contract, adjust the evaluation as spect to a domestic corporation, by former an acquisition described in subsection follows: shareholders of the domestic corporation by (c)(1)(A) to which this subsection applies. (i) In the case of a contract to be entered reason of holding stock in the domestic cor- (B) AGGREGATION RULES.—Any domestic into with an offeror selected solely on the poration, or person bearing a relationship described in basis of price, the price offered by such ac- (ii) in the case of an acquisition with re- section 267(b) or 707(b) of the Internal Rev- quired entity shall be deemed to be equal to spect to a domestic partnership, by former enue Code of 1986 to an acquired entity shall 110 percent of the price actually offered. partners of the domestic partnership by rea- be treated as an acquired entity with respect (ii) In the case of a contract to be entered son of holding a capital or profits interest in to the acquisition described in subparagraph into with an offeror on the basis of two or the domestic partnership, and (A). more evaluation factors, the quantitative (C) the expanded affiliated group which (e) DEFINITIONS.—For purposes of this sec- evaluation of the offer made by such ac- after the acquisition includes the entity does tion— quired entity shall be deemed to be reduced not have substantial business activities in (1) EXPANDED AFFILIATED GROUP.—The term by 10 percent. the foreign country in which or under the ‘‘expanded affiliated group’’ means an affili- (B) APPLICATION TO CERTAIN CONTRAC- law of which the entity is created or orga- ated group as defined in section 1504(a) of the TORS.—If a person other than an entity to nized when compared to the total business Internal Revenue Code of 1986 (without re- which this paragraph applies makes an offer activities of such expanded affiliated group. gard to section 1504(b)(3) of such Code), ex- for a contract with the United States, and it (2) RULES FOR APPLICATION OF SUB- cept that section 1504(a) of such Code shall is reasonable to assume at the time of the SECTION.—In applying this subsection, the be applied by substituting ‘‘more than 50 per- offer that any portion of the work will be following rules shall apply: cent’’ for ‘‘at least 80 percent’’ each place it subcontracted to such an entity, subpara- (A) CERTAIN STOCK DISREGARDED.—There appears. graph (A) shall be applied to such offer in the shall not be taken into account in deter- (2) FOREIGN INCORPORATED ENTITY.—The same manner as if the person making the mining ownership for purposes of paragraph term ‘‘foreign incorporated entity’’ means offer were such an entity. (1)(B)— any entity which is treated as a foreign cor- (3) APPLICATION TO RELATED ENTITIES.— (i) stock held by members of the expanded poration for purposes of such Code. Paragraphs (1) and (2) shall also apply during affiliated group which includes the foreign (3) RELATED PERSON.—The term ‘‘related the restriction period for an entity to— incorporated entity, or person’’ means, with respect to any entity, a (A) a member of an expanded affiliated (ii) stock of such entity which is sold in a person which— group which includes the entity, and public offering related to the acquisition de- (A) bears a relationship to such entity de- (B) any other related person with respect scribed in paragraph (1)(A). scribed in section 267(b) or 707(b) of such to the entity. (B) PLAN DEEMED IN CERTAIN CASES.—If a Code, or (b) EXCEPTIONS.— foreign incorporated entity acquires directly (B) is under the same common control (1) PRESIDENTIAL WAIVER.—The President or indirectly substantially all of the prop- (within the meaning of section 482 of such of the United States may waive the applica- erties of a domestic corporation or partner- Code) as such entity. tion of subsection (a) with respect to any ship during the 4-year period beginning on (4) RESTRICTION PERIOD.— contract if the President determines that the the date which is 2 years before the owner- (A) IN GENERAL.—The term ‘‘restriction pe- waiver is necessary in the interest of na- ship requirements of paragraph (1)(B) are riod’’ means, with respect to any entity, the tional security. met with respect to such corporation or period—

VerDate Mar 15 2010 20:38 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00095 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16OC2.REC S16OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10578 CONGRESSIONAL RECORD — SENATE October 16, 2002 (i) beginning on the date substantially all cles of Incorporation to become a cor- tan greater than the footprint of the of the properties to be acquired as part of the poration of a foreign tax haven coun- World Trade Center. The damage and acquisition described in subsection (c)(1)(A) try. On April 11, 2002, we introduced risk would be so great that buildings in are acquired, and legislation to address this problem. S. the affected area might have to be (ii) to the extent provided by the Secretary of the Treasury, ending on the date the in- 2119, the Reversing the Expatriation of abandoned, destroyed, and trucked come and gain from such properties is sub- Profits Offshore, REPO, Act, was de- away as radioactive waste. ject to United States taxation in the same signed to put the brakes on the poten- We learned that if a terrorist dis- manner as if such properties were held by a tial rush to move U.S. corporate head- persed a few hundred curies of radio- United States person. quarters to tax haven countries. On active material, the resulting public (B) SPECIAL RULES FOR ACQUIRED ENTI- June 18, 2002, the Senate Finance Com- panic could make much of downtown TIES.— mittee sent a strong message to cor- Washington, DC uninhabitable without (i) 10-YEAR LIMIT.—In the case of an ac- porate America by passing S. 2119 by a difficult and expensive clean-up. De- quired entity to which subsection (a)(2) ap- contamination is a serious and poorly plies, the restriction period shall end no unanimous vote. later than the date which is 10 years from But the REPO Act was just the first understood problem because many of the date described in subparagraph (A)(i) (or, step to curb inversions. Senator the radioactive isotopes a terrorist if later, the date of the enactment of this WELLSTONE led the effort to eliminate might choose will bind chemically to Act). another incentive for these corpora- construction materials such as marble (ii) SUBSEQUENT ACQUISITIONS BY UNRE- tions by restricting them from quali- and stone used in our most precious LATED DOMESTIC CORPORATIONS.— fication for government contracts. The buildings. (I) IN GENERAL.—Subject to such condi- idea is simple. If a corporation wants One curie of radioactive cesium-137, tions, limitations, and exceptions as the Sec- strontium-90, cobalt-60 or iridium-192 retary of the Treasury may prescribe, if, to, in essence, renounce their U.S. citi- after an acquisition described in subsection zenship, then they shouldn’t be enti- poses a significant risk. But sources as (c)(1)(A) to which subsection (a)(2) applies, a tled to compete for U.S. government strong as several hundred curies are domestic corporation the stock of which is contracts. I applaud Senator used every day in world-wide com- traded on an established securities market WELLSTONE for his leadership and will- merce. They serve to estimate the oil acquires directly or indirectly any properties ingness to press ahead with restricting in active oil wells, to provide a com- of one or more acquired entities, then the re- inverted corporations from winning pact and convenient source of x-rays to striction period for any such acquired entity government contracts. check the quality of welds in the field, with respect to which the requirements of Today, Senator CHUCK GRASSLEY and and to provide pencil beams of radi- clause (ii) are met shall end immediately after such acquisition. I cosponsor legislation focused on the ation to measure the amount of soda or (II) REQUIREMENTS.—The requirements of same goal as that of Senator beer in an aluminum can. this subclause are met with respect to a WELLSTONE. The legislation we intro- Hospitals, primarily in poorer coun- transaction involving any acquisition de- duce today will prevent the most egre- tries, but also in the United States, use scribed in subclause (I) if— gious of these inverted corporations cesium-137 or cobalt-60 sources as (aa) before such transaction the domestic from receiving any U.S. government strong as several thousand curies to corporation did not have a relationship de- contracts. These companies have provide radiation therapy in cancer scribed in section 267(b) or 707(b) of such placed tax avoidance as their first pri- treatment. Some of these sources are Code, and was not under common control used in Southern California in mobile (within the meaning of section 482 of such ority and their U.S. identity as their Code), with the acquired entity, or any mem- second priority. The reduction in taxes treatment centers mounted in trucks. ber of an expanded affiliated group including for inverted corporations allows them These rolling radioactive sources move such entity, and to underbid those corporations that on the highways and through the (bb) after such transaction, such acquired choose to remain U.S. corporations. streets of our country and perhaps of entity is a member of the same expanded af- This is wrong. other countries, where they are vulner- filiated group which includes the domestic I welcome the opportunity to support able to accident or foul play. corporation or has such a relationship or is RECAP and I urge Congress to act Each year many radioactive sources, under such common control with any mem- quickly on this legislation, as it will go world wide, are abandoned or stolen ber of such group, and is not a member of, and leak out of the existing control and does not have such a relationship and is a long way toward restoring public not under such common control with any confidence in corporate America. system. They become ‘‘orphan’’ member of, the expanded affiliated group sources, unwanted and with nobody to which before such acquisition included such By Mr. BIDEN (for himself, Mr. care for them or keep them out of trou- entity. LUGAR, Mr. DOMENICI, Mrs. ble. Sometimes industrial sources are (5) OTHER DEFINITIONS.—The terms ‘‘per- CLINTON, Mr. GREGG, and Mr. abandoned in place when their owners son’’, ‘‘domestic’’, and ‘‘foreign’’ have the SCHUMER): go out of business. They can then find same meanings given such terms by section S. 3121. A bill to authorize the Sec- their way into the scrap metal pool, 7701(a) of such Code. retary of State to undertake measures (f) ASSISTANCE.—The Secretary of the and may arrive on the doorstep of a Treasury or his delegate shall assist officers in support of international programs to steel mill. and employees of the United States in car- detect and prevent acts of nuclear or That happened shortly before our rying out the provisions of this section, in- radiological terrorism, to authorize ap- March 6 hearing. A 2-curie cesium-137 cluding providing assistance in identifying propriations to the Department of source turned up on the conveyor belt entities to which this section applies. State to carry out those measures, and of the Nucor Steel Mill in Hertford, NC. Mr. BAUCUS. Mr. President, I join for other purposes; to the Committee Caught just before it would have gone the Ranking Republican Member of the on Foreign Relations. into the furnace, it was identified, re- Finance Committee, Senator GRASS- Mr. BIDEN. Mr. President, today I moved, and taken into safe custody by LEY, in introducing bipartisan legisla- am introducing the ‘‘Nuclear and Radi- the North Carolina radiation protec- tion to further address the increasing ological Terrorism Threat Reduction tion authorities. Where did it come problem of U.S. corporations reincor- Act of 2002.’’ This is a bill to strength- from? A bankrupt chemical company in porating to tax haven countries to en the efforts of the world community the Baltimore area whose equipment avoid taxes, a practice also known as a to gain control over the vast amounts was sold for scrap. But when the corporate inversion. I am pleased to co- of radioactive materials that, left un- records were traced it was found that sponsor the Reclaiming Expatriated controlled, could cause economic dis- the company had bought not one, but Contracts and Profits, RECAP, Act ruption and sow terror in American four, such sources. Fortunately, two which prohibits the most egregious in- cities. more were traced and recovered, but verted corporations from receiving In the Senate Foreign Relations one of those ‘‘gauge sources’’ still is Federal Government contracts. Committee’s hearing on March 6 of this missing. Last March, Senator GRASSLEY and I year, experts testified that an amount If the source found at Nucor had gone announced our intention to introduce of ground up radioactive cobalt-60 the into the molten steel, the clean-up legislation to curb the proliferation of size of the ball in your ball point pen would have cost the company millions U.S. corporations changing their Arti- could contaminate an area of Manhat- of dollars. If it had gotten into the

VerDate Mar 15 2010 20:38 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00096 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16OC2.REC S16OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 16, 2002 CONGRESSIONAL RECORD — SENATE S10579 hands of a terrorist who could disperse factor of ten beyond anything the Com- not merely make a dent in this prob- it with high explosives, it could have mittee heard at our March hearing. lem; it should largely solve it. contaminated many square blocks of There once were 136 sites in this Four, other bills this year have pro- an American city and the recovery chain, but the Norwegian government vided funding to train American first might have run into the billions. replaced five with solar-powered instal- responders to handle a radiological Far more intense radioactive sources lations. The remaining 131 should be emergency. The bill we introduce today turn up in strange places from time to replaced as soon as possible so as to re- authorizes $5 million a year for the time. move a potential source of truly de- next three years to train responders In 1987, two junk collectors in Brazil structive dirty bombs. abroad. This is a matter of self-protec- broke open an abandoned gamma ray We must, and we can, raise signifi- tion for the United States: we have dip- cancer treatment machine containing cant and sensible barriers to protect lomatic missions at risk around the 1,400 curies of Cesium-137. Inside they against terrorists who would use the world, and we will be funding the con- found about 2/3 of an ounce of softly power of the atom to do us harm. To struction and operation of temporary glowing powder. Several people were that end, Senators LUGAR, DOMENICI, storage sites for radioactive material. delighted at the idea of glowing in the CLINTON, GREGG and SCHUMER join me Should accidents or incidents occur, we dark and they rubbed the powder on today in introducing the ‘‘Nuclear and would like to be able to rely upon com- their bodies. They contaminated not Radiological Terrorism Threat Reduc- petent responses by our host countries. only themselves, but their homes and tion Act of 2002.’’ Five, this bill requires the Secretary families. The toll: 5 people dead, 21 re- The bill’s principal cosponsors, Sen- of State to conduct a global assessment quiring intensive care, 49 requiring ators LUGAR and DOMENICI, have been of the radiological threat to U.S. mis- some hospitalization, 249 contami- among the Senate’s long-time leaders sions overseas and to provide the re- nated, and 111,800 people tested in im- in the causes of non-proliferation, sults to the appropriate committees of provised medical facilities at a local threat reduction and counter-ter- the Congress in an unclassified form, soccer stadium. rorism, and I welcome their support. but with a classified annex giving de- And that was an accident. A delib- Senator GREGG’s position on the Ap- tails if he deems necessary. We hope erate attack using the same 20 grams propriations Committee has sensitized the Secretary will take into account of material could have had far greater him to the need to protect our embas- the locations of the interim storage fa- consequences, as our witnesses told the sies. And both of the Senators from cilities and also the results of this Committee. New York, Mr. SCHUMER and Mrs. CLIN- threat assessment in choosing where ‘‘Dirty bombs’’ do not even need to TON, attended the Foreign Relations first to provide the overseas first re- explode. Murders have been committed Committee’s classified session where sponder training authorized by this by the simple act of inserting a small we learned some of the specifics re- bill. radioactive source in the victim’s desk garding the threat of nuclear and radi- Six, the Customs Service is charged chair and simply waiting until radi- ological terrorism. with preventing illicit shipments of ra- ation sickness and death followed. If a Our bill takes the initiative in sev- dioactive material and fissile material terrorist is willing to die, he could eral significant areas: from reaching our shores. Inspection of merely fling finely powdered material One, it creates a new program to es- today’s large cargo containers for from the window of a tall building and tablish a network of five regional shel- fissile material, in particular, is a allow the wind to spread his poison. ters around the globe to provide secure, technologically challenging task, one Finally, I worry that other terrorist temporary storage of unwanted, un- performed most safely and easily be- groups, not just Al Qaeda, could make used, obsolete and orphaned radio- fore the containers are loaded aboard a radiological dispersion device. Radio- active sources. The bill authorizes $5 ship. Customs has agreements to per- active material is out there for the million to get started in Fiscal Year mit U.S. inspectors to do their jobs in taking, especially in the former Soviet 2003, and up to $20 million a year for ports of embarkation. In order to assist Union. construction and operation of the fa- the Service, the Nuclear and Radio- In January of this year, three hunt- cilities in the future. We envision ac- logical Threat Prevention Act estab- ers gathering firewood in a forest in complishing our goals through bilat- lishes a special representative with the the former Soviet republic of Georgia eral negotiations with the host nations rank of ambassador within the State found two abandoned cans of stron- or, when advantageous to the United Department for negotiation of inter- tium-90, each containing 40,000 curies States, through special contributions national agreements that ensure in- of material. Because the heat from to the International Atomic Energy spection of cargoes of nuclear material these sources melted the snow for Agency, the IAEA. Regional storage fa- at ports of embarkation. This special yards around, the hunters were de- cilities can remove some of the most representative will work in close co- lighted to find free warmth for their dangerous material from circulation. operation with the Customs Service to tent. They picked up and carried off Two, to round up the sources to be make certain that the agreements the sources in their backpacks. All stored in the regional facilities, we meet the Service’s needs. three woodsmen were critically in- propose an accelerated program—in co- Seven, we could diminish the threat jured, but since they did not break operation with the IAEA—to discover, of Dirty bombs by reducing use of ra- open the two cans, environmental con- inventory, and recover unwanted radio- dioactive material where other tech- tamination was limited. active material from around the world. nologies could be substituted. This bill A team from the government of Geor- This would be similar to the Depart- mandates a study by the National gia, assisted by the International ment of Energy’s Off-site Source Re- Academy of Sciences to tell us how and Atomic Energy Agency, recovered the covery Program, but aimed at material where safe sources of radiation can re- sources, but several more are appar- outside our borders. This bill will make place dangerous ones. Some substi- ently missing and unaccounted for. The a modest start by authorizing $5 mil- tutions are well known: for many ap- nuclear industry of the former Soviet lion a year in special voluntary con- plications, X-ray machines powered by Union made hundreds of similar de- tributions to the IAEA. the electric grid are almost as conven- vices. Three, recognizing the threat posed ient as the gamma ray ‘‘cameras’’ that In fact, 40,000 curies of strontium-90 by the very intense radioactive sources use intense iridium-178 sources. Pow- represents a small source by Soviet packaged by the former Soviet Union ered radiation sources can replace ra- standards. A string of 131 arctic sites in to provide electric power to very re- dioactive sources in some oil well log- Russia is powered by radioisotope ther- mote locations, such as lighthouses, ging work. Linear accelerators are re- mal generators—portable power plants weather stations, communications placing radioactive cobalt and cesium that draw energy from the heat liber- nets, and other measuring equipment, in cancer therapy. All of the substitute ated by the decay of radioactive nuclei. the bill authorizes funding to replace sources have one thing in common: a Each site uses a 300,000-curie source. that equipment with non-nuclear tech- switch. When that switch is turned That raises the maximum damage that nologies. We believe that $10 million a ‘‘off,’’ the radiation source is safe. a terrorist dirty bomb could do by a year over the next three years should There may be many more applications

VerDate Mar 15 2010 20:38 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00097 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16OC2.REC S16OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10580 CONGRESSIONAL RECORD — SENATE October 16, 2002 in which a switchable source can re- threat where it will most likely first (D) all refined isotopes of radium. place a radioactive one and be at least appear: in foreign countries. (8) RADIOACTIVE SOURCE.—The term ‘‘radio- as economical, particularly when the The ‘‘Nuclear and Radiological Ter- active source’’ means radioactive material risks of dirty bombs are accounted for rorism Threat Reduction Act’’ gives us that is permanently sealed in a capsule or properly. closely bonded and includes any radioactive a good start at doing just that. material released if the source is leaking or Fissile material is the indispensable I ask unanimous consent that the stolen, but does not include any material element of a true nuclear weapon. At text of the bill be printed in the within the nuclear fuel cycle of a research or our March 6, 2002, hearing experts from RECORD. power reactor. the Department of Energy weapons lab- There being no objection, the bill was (9) RADIOISOTOPE THERMAL GENERATOR.— oratories told the Committee that ter- ordered to be printed in the RECORD, as The term ‘‘radioisotope thermal generator’’ rorists in possession of highly enriched follows: or ‘‘RTG’’ means an electrical generator which derives its power from the heat pro- uranium or plutonium could assemble S. 3121 duced by the decay of a radioactive source by a crude ‘‘improvised nuclear device’’ Be it enacted by the Senate and House of Rep- with a yield large enough to smash the emission of alpha, beta, or gamma radi- resentatives of the United States of America in ation. The term does not include nuclear re- Washington from the White House to Congress assembled, actors deriving their energy from the fission the Capitol. Such an improvised nu- SECTION 1. SHORT TITLE. or fusion of atomic nuclei. clear device would not require a Man- This Act may be cited as the ‘‘Nuclear and (10) SECRETARY.—The term ‘‘Secretary’’ hattan Project. In a study done in the Radiological Terrorism Threat Reduction means the Secretary of State. 1970s, the Congressional Office of Tech- Act of 2002’’. (11) SOURCE MATERIAL.—The term ‘‘source nology Assessment wrote that a group SEC. 2. FINDINGS. material’’ has the meaning given that term of two or three technically competent Congress makes the following findings: in section 11 z. of the Atomic Energy Act of individuals in possession of enriched (1) It is feasible for terrorists to obtain and 1954 (42 U.S.C. 2014(z)). uranium or weapons-grade plutonium to disseminate radioactive material using a (12) SPECIAL NUCLEAR MATERIAL.—The term ‘‘special nuclear material’’ has the meaning could probably build a one-kiloton de- radiological dispersion device (RDD), or by emplacing discrete radioactive sources in given that term in section 11 aa. of the vice in a few months. major public places. Atomic Energy Act of 1954 (42 U.S.C. For that reason, one provision of this (2) It is not difficult for terrorists to im- 2014(aa)). bill deals specifically with developing provise a nuclear explosive device of signifi- SEC. 4. INTERNATIONAL REPOSITORIES. the tools to guard against illicit traffic cant yield once they have acquired the fissile (a) AUTHORITY.—The Secretary, acting in highly enriched uranium and pluto- material, highly enriched uranium, or pluto- through the United States Permanent Rep- nium. nium, to fuel the weapon. resentative to the IAEA, is authorized to Last summer, a meeting in Wash- (3) An attack by terrorists using a radio- propose that the IAEA conclude agreements ington to discuss ‘‘nuclear science and logical dispersion device, lumped radioactive with up to five countries under which each Homeland Security’’ was sponsored by sources, an improvised nuclear device (IND), country would provide temporary secure the Department of Energy, the Na- or a stolen nuclear weapon is a plausible storage for orphaned, unused, surplus, or event. tional Science Foundation, NSF, and other radioactive sources other than special (4) Such an attack could cause cata- nuclear material, nuclear fuel, or spent nu- other Federal science funding agencies. strophic economic and social damage and clear fuel. It brought together some of the best could kill large numbers of Americans. (b) VOLUNTARY CONTRIBUTIONS AUTHOR- scientists in our universities and col- (5) The first line of defense against both IZED.— leges, all of whom were willing to put nuclear and radiological terrorism is pre- (1) IN GENERAL.—The Secretary is author- aside their normal research to help venting the acquisition of radioactive ized to make a voluntary contribution to the strengthen our security at home. But sources, special nuclear material, or nuclear IAEA to fund the United States share of the few of those scientists can use the re- weapons by terrorists. program authorized by subsection (a) if the search money they already have for SEC. 3. DEFINITIONS. IAEA agrees to protect sources under the this work. Research support given for In this Act: standards of the United States or IAEA code of conduct, whichever is stricter. one purpose usually may not be chan- (1) APPROPRIATE CONGRESSIONAL COMMIT- TEES.—The term ‘‘appropriate congressional (2) FISCAL YEAR 2003.—The United States neled into other uses. committees’’ means the Committee on For- share of the costs of the program described Therefore, this bill establishes a eign Relations of the Senate and the Com- in subsection (a) is authorized to be 100 per- small program within the NSF to sup- mittee on International Relations of the cent for fiscal year 2003. port researchers at colleges and univer- House of Representatives. (c) TECHNICAL ASSISTANCE.—The Secretary sities who will work on the detection of (2) BYPRODUCT MATERIAL.—The term ‘‘by- is authorized to provide the IAEA, through fissile materials—the hardest and most product material’’ has the same meaning contracts with the Department of Energy or critical task or on real-time identifica- given the term in section 11 e. of the Atomic the Nuclear Regulatory Commission, with tion of radioisotopes and decontamina- Energy Act of 1954 (42 U.S.C. 2014(e)). technical assistance to carry out the pro- tion of buildings after a dirty bomb (3) IAEA.—The term ‘‘IAEA’’ means the gram described in subsection (a). International Atomic Energy Agency. (d) NONAPPLICABILITY OF NEPA.—The Na- goes off. (4) INDEPENDENT STATES OF THE FORMER SO- tional Environmental Policy Act shall not The Department of Energy has a spe- VIET UNION.—The term ‘‘independent states apply to any activity conducted under this cial role to play in this program: we ex- of the former Soviet Union’’ has the meaning section. pect that Department and its national given the term in section 3 of the FREEDOM (e) AUTHORIZATION OF APPROPRIATIONS.— laboratories to work in cooperation Support Act (22 U.S.C. 5801). (1) IN GENERAL.—There are authorized to be with NSF to transition laboratory ap- (5) NUCLEAR EXPLOSIVE DEVICE.—The term appropriated for the Department of State paratus into field-ready operational ‘‘nuclear explosive device’’ means any de- $5,000,000 for fiscal year 2003 and $20,000,000 hardware. This bill authorizes $10 mil- vice, whether assembled or disassembled, for each fiscal year thereafter to carry out lion a year for research funded by the that is designed to produce an instantaneous this section. (2) AVAILABILITY OF FUNDS.—Amounts ap- NSF and an additional $5 million a release of an amount of nuclear energy from special nuclear material that is greater than propriated pursuant to paragraph (1) are au- year for the Department of Energy to the amount of energy that would be released thorized to remain available until expended. accomplish the transition. from the detonation of one pound of trinitro- SEC. 5. RADIOACTIVE SOURCE DISCOVERY, IN- The threat of radiological terrorism, toluene (TNT). VENTORY, AND RECOVERY. and even of true nuclear terror at- (6) RADIOLOGICAL DISPERSION DEVICE.—The (a) AUTHORITY.—The Secretary is author- tacks, is real. We know that most radi- term ‘‘radiological dispersion device’’ is any ized to make United States voluntary con- ological attacks will kill few Ameri- device meant to spread or disperse radio- tributions to the IAEA to support a program cans, but there is little doubt they will active material by the use of explosives or to promote radioactive source discovery, in- lead to economic crimes of the greatest otherwise. ventory, and recovery. consequence. The radioactive source (7) RADIOACTIVE MATERIAL.—The term ‘‘ra- (b) AUTHORIZATION OF APPROPRIATIONS.— that killed only a few people in Brazil dioactive material’’ means— (1) IN GENERAL.—There is authorized to be (A) source material and special nuclear appropriated to the Department of State cost hundreds of millions of dollars to material, but does not include natural or de- $5,000,000 for each of the fiscal years 2003 clean up. And nobody tried to cause pleted uranium; through 2012 to carry out subsection (a). that destruction. (B) nuclear by-product material; (2) AVAILABILITY OF FUNDS.—Amounts ap- We must do something to head off (C) material made radioactive by bombard- propriated pursuant to paragraph (1) are au- the nuclear and radiological terrorist ment in an accelerator; and thorized to remain available until expended.

VerDate Mar 15 2010 20:38 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00098 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16OC2.REC S16OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 16, 2002 CONGRESSIONAL RECORD — SENATE S10581 SEC. 6. RADIOISOTOPE THERMAL GENERATOR- ment at United States missions, including a the Nuclear Regulatory Commission, acting POWERED FACILITIES IN THE INDE- rank-ordered list of the missions where such through a contract with the National Acad- PENDENT STATES OF THE FORMER improvement is most important. emy of Sciences, shall conduct a study of the SOVIET UNION. (b) BUDGET REQUEST.—The report shall also use of radioactive sources in industry and of (a) RTG POWER UNITS.—The Secretary is include a proposed budget for the improve- potential substitutes for those sources. authorized to assist the Government of the ments described in subsection (a)(2). (b) REPORTS.—Not later than six months Russian Federation to substitute solar (or (c) FORM OF SUBMISSION.—The report shall after entry into the contract referred to in other non-nuclear) power sources to replace be unclassified with a classified annex if nec- subsection (a), the National Academy of RTG power units operated by the Russian essary. Sciences shall submit an initial report to the Federation and other independent states of Secretary and the appropriate congressional the former Soviet Union in applications such SEC. 9. SPECIAL REPRESENTATIVE FOR INSPEC- TIONS OF NUCLEAR AND RADIO- committees and, not later than three months as lighthouses in the Arctic, remote weather LOGICAL MATERIALS. after submission of the initial report, shall stations, unattended sensors, and for pro- Section 1 of the State Department Basic submit to the Secretary and those commit- viding electricity in remote locations. Any Authorities Act of 1956 (22 U.S.C. 2651a) is tees a final report. replacement shall, to the maximum extent amended by adding at the end the following Mr. DOMENICI. Mr. President, I’m practicable, be based upon tested tech- new subsection: nologies that have operated for at least one pleased to join Senator BIDEN and Sen- ‘‘(h) SPECIAL REPRESENTATIVE FOR INSPEC- full year in the environment where the re- UGAR TIONS OF NUCLEAR AND RADIOLOGICAL MATE- ator L in sponsoring the Nuclear placement will be used. RIALS.— and Radiological Terrorism Threat Re- (b) ALLOCATION OF FUNDS.—Of the funds ‘‘(1) ESTABLISHMENT OF POSITION.—There duction Act of 2002. made available to carry out this section, the shall be within the Bureau of the Depart- Only a few months ago, I introduced Secretary may use not more than 20 percent ment of State primarily responsible for non- of the funds in any fiscal year to replace dan- the Nuclear Nonproliferation Act of proliferation matters a Special Representa- gerous RTG facilities that are similar to 2002 with these same Senators and tive for Inspections of Nuclear and Radio- those described in subsection (a) in countries many others as co-sponsors. It’s being logical Materials (in this subsection referred other than the independent states of the called the Domenici-Biden-Lugar bill. I to as the ‘Special Representative’), who shall former Soviet Union. be appointed by the President, by and with am pleased to learn that most provi- (c) AUTHORIZATION OF APPROPRIATIONS.— the advice and consent of the Senate. The sions of that Act are being incor- (1) IN GENERAL.—There is authorized to be porated in the Conference on the appropriated to the Department of State Special Representative shall have the rank $10,000,000 for each of the fiscal years 2003, and status of ambassador. Armed Services bill. 2004, and 2005 to carry out this section. ‘‘(2) RESPONSIBILITIES.—The Special Rep- The current bill and the Domenici- resentative shall have the primary responsi- (2) AVAILABILITY OF FUNDS.—Amounts ap- Biden-Lugar bill are highly com- propriated pursuant to paragraph (1) are au- bility within the Department of State for as- plementary. The first bill focused en- thorized to remain available until expended. sisting the Secretary of State in negotiating tirely on the contributions that the international agreements that ensure inspec- SEC. 7. FOREIGN FIRST RESPONDERS. tion of cargoes of nuclear and radiological Department of Energy should be au- (a) IN GENERAL.—The Secretary is author- thorized to make to minimize risks of ized to conclude an agreement with a foreign materials destined for the United States at ports of embarkation, and such other agree- nuclear and radiological risks to our country, or, acting through the United citizens. The current bill focuses on the States Permanent Representative to the ments as may control radioactive materials. OOPERATION WITH UNITED STATES CUS- IAEA, to propose that the IAEA conclude an ‘‘(3) C contributions that the Department of TOMS SERVICE.—In carrying out the negotia- agreement with that country, under which State should make in that same arena. tions described in paragraph (2), the Special that country will carry out a program to And in both cases, there is careful rec- Representative shall cooperate with, and ac- train first responders to— ognition of the importance of a tight cept the assistance and participation of, ap- (1) detect, identify, and characterize radio- propriate officials of the United States Cus- partnership between those two Depart- active material; toms Service.’’. ments in accomplishing this vital mis- (2) understand the hazards posed by radio- SEC. 10. RESEARCH AND DEVELOPMENT GRANTS. sion. active contamination; I’m particularly pleased with this (3) understand the risks encountered at (a) IN GENERAL.—Subject to the avail- various dose rates; ability of appropriations, there is established bill’s focus on assisting in the creation (4) enter contaminated areas safely and a program under which the Director of the of a number of international reposi- speedily; and National Science Foundation shall award tories that can be used to store radio- (5) evacuate persons within a contaminated grants for university-based research into the active sources safely, while ensuring area. detection of fissile materials, identification that they don’t become ‘‘orphaned’’ (b) UNITED STATES PARTICIPATION.—The of radioactive isotopes in real time, the pro- sources that might fuel a terrorist’s tection of sites from attack by radiological Department of State is hereby designated as dirty bomb. Other provisions to assist the lead Federal entity for cooperation with dispersion device, mitigation of con- the IAEA in implementing subsection (a) sequences of such an attack, and attribution the IAEA in promoting source inven- within the United States. In carrying out ac- of materials used in attacks by radiological tory and recovery are also critical. tivities under this subsection the Secretary dispersion device or by improvised nuclear One important application of this of State shall take into account the findings devices. Such grants shall be available only new bill must be to help the Russian of the threat assessment report required by to investigators at baccalaureate and doc- Federation address the large number of section 8 and the location of the interim toral degree granting academic institutions. Radio-isotope Thermal Generators that storage facilities under section 4. In carrying out the program, the Director of rely on large quantities of radioactive (c) AUTHORIZATION OF APPROPRIATIONS.— the National Science Foundation shall con- material to power many remote instal- (1) IN GENERAL.—There are authorized to be sult about this program with the Secretary appropriated to the Department of State of Energy in order to minimize duplication lations, especially lighthouses. These $2,000,000 for fiscal year 2003, $5,000,000 for fis- and increase synergies. The consultation large radioactive sources, in isolated cal year 2004, and $5,000,000 for fiscal year shall also include consideration of the use of locations, are very vulnerable to com- 2005 to carry out this section. the Department of Energy to develop prom- promise. With this bill, we can assist (2) AVAILABILITY OF FUNDS.—Amounts ap- ising basic ideas into field-ready hardware. other nations, like Norway, in shifting propriated pursuant to paragraph (1) are au- The Secretary of Energy shall work with the the power for these lighthouses away thorized to remain available until expended. national laboratories and industry to de- from radioactive materials to other velop field-ready prototype detectors. SEC. 8. THREAT ASSESSMENT REPORT. means of power. (a) IN GENERAL.—Not later than 180 days (b) AUTHORIZATION OF APPROPRIATIONS.— after the date of enactment of this Act, and (1) IN GENERAL.—There is authorized to be Another important aspect of the bill annually thereafter, the Secretary of State appropriated to the National Science Foun- involves the authorization for the shall submit a report to the appropriate con- dation $10,000,000, and to the Department of State Department to help other na- gressional committees— Energy $5,000,000, to carry out this section in tions in developing their own First Re- (1) detailing the preparations made at fiscal years 2003 through 2008. sponder program for response to dirty United States diplomatic missions abroad to (2) AVAILABILITY OF FUNDS.—Amounts ap- bomb or nuclear threats. In this coun- detect and mitigate a radiological attack on propriated pursuant to paragraph (1) are au- try, we now have a First Responder thorized to remain available until expended. United States missions and other United program that grows stronger each States facilities under the control of the SEC. 11. STUDY AND REPORTS BY THE NATIONAL Secretary; and ACADEMY OF SCIENCES. year, thanks to the Nunn-Lugar- (2) setting forth a rank-ordered list of the (a) STUDY.—Not later than 90 days after Domenici bill that created the effort. Secretary’s priorities for improving radio- the date of enactment of this Act, the Sec- Now we need to share the lessons we logical security and consequence manage- retary, in consultation with the Chairman of have been learning with others.

VerDate Mar 15 2010 20:38 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00099 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16OC2.REC S16OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10582 CONGRESSIONAL RECORD — SENATE October 16, 2002 This new bill is another important The bill I am introducing today has have cited economic conditions as contribution to our nation’s efforts to the support of the Lawyers Committee their reason for attempting to migrate ensure that terrorists will never on Human Rights, Amnesty Inter- by sea. I do not think that a mass exo- threaten the United States or other na- national, the International Rescue dus is imminent, but we cannot ignore tions with radiological or nuclear Committee, the U.S. Committee on any increase in migrant departures weapons. Refugees, Immigration and Refugee from Haiti. In addition to being an im- Services of America, among others. migration issue for the United States, By Mr. BROWNBACK (for himself these migrant departures frequently and Mr. HELMS): By Mr. DEWINE: result in the loss of life at sea. S. 3122. A bill to allow North Kore- S. 3123. A bill to expand certain pref- The bill I am introducing today at- an’s to apply for refugee status or asy- erential trade treatment of Haiti; to tempts to change this situation by lum; to the Committee on the Judici- the Committee on Finance. granting limited duty-free treatment ary. Mr. DEWINE. Mr. President, I have on certain Haitian apparel articles if, Mr. BROWNBACK. Mr. President, I many long-standing concerns about the and only if, the President is able to rise today to introduce legislation that dire situation, political, economic, and certify that the Haitian government is will clarify the status of North Korean humanitarian, in Haiti. As one who has making serious market, political, and refugees. witnessed the unbelievable poverty and social reforms. The bill would correct a As a Nation, the United States is the despair in that tiny nation, I believe glitch or oversight in U.S. trade law world’s leader in the protection of refu- we must pay closer attention to what that recognized the special economic gees. The world takes its lead from the is happening there. We must be en- needs of least developed countries in United States when reacting to asy- gaged. Africa, but did not recognize those lum-seekers, and the example we set That is why I am introducing the needs for the least developed country have far-reaching implications for ‘‘Haiti Economic Recovery Oppor- in the Western Hemisphere, Haiti. those who flee persecution. For this tunity Act of 2002.’’ This bill would Specifically, the bill would allow reason, we have stood firm against ex- help improve the economic and polit- duty-free entry of Haitian apparel arti- cuses for the denial of basic human ical situation in Haiti through an im- cles assembled from fabrics from coun- rights and life’s basic liberties. portant tool of our foreign policy, and tries with which the U.S. has a free The tenuous status of North Korean that is trade. I would like to thank trade or a regional trade agreement. It refugees in China is well documented. Representatives Gilman and others for also would grant duty-free status on As we all know from news reports, in- introducing a similar measure in the articles, regardless of the origin of the cluding several news programs, that House. fabrics and yarns, if the fabrics and few North Koreans are able to seek The situation in Haiti is bleak. Haiti yarns were not commercially available asylum and refuge, be it in China or is the poorest country in our Hemi- in the United States. elsewhere. The few that do, however, sphere, with approximately 70 percent The bill would cap duty-free apparel are functionally barred from seeking of its population out of work and 80 imports made of fabrics and yarns from asylum in the United States or being percent living in abject poverty. Less the designated countries at 1.5 percent admitted to the United States as refu- than one-half of Haiti’s 8.2 million peo- of total U.S. apparel imports. This gees. As I understand it, the State De- ple can read or write. Haiti’s infant limit grows modestly over time to 3.5 partment has expressed concerns that mortality rate is the highest in our percent. the legal hurdle to admitting North hemisphere. And, one in four children The enactment of this legislation Koreans refugees is the fact that South under the age of five are malnourished. would promote employment in Haitian Korea automatically conveys its citi- Roughly one in 12 Haitians has HIV/ industry by allowing the country to be- zenship to any escapee from North AIDS, and, according to the Centers for come a garment production center. Korea who makes it to South Korea. In Disease Control projections, Haiti will While the benefits of this bill would be short, the State Department claims it experience up to 44,000 new HIV/AIDS modest by U.S. standards, in Haiti they cannot, as a matter of law, consider cases this year, that’s 4,000 more than are substantial. It is estimated that any North Korean to be a refugee. the number expected here in the United the bill could create thousands of jobs, I am not persuaded that this is the States, where our population is 35 thereby reducing the unemployment case, but even if we assume that to be times that of Haiti’s. AIDS already has rate and breaking the shackles of pov- true, we must stand firm for the propo- orphaned over 163,000 children, and this erty. Before the 1991 coup, Haiti was sition that the moral obligation that number is expected to skyrocket to be- one of the largest apparel suppliers in we have for refugees everywhere seek- tween 323,000 and 393,000 over the next the Caribbean. But today, Haitian ap- ing basic human liberties should not be ten years. parel accounts for less than one per- laid aside because of that legal techni- The violence, corruption, and insta- cent of all apparel imports into the cality and it should not preclude the bility caused by the flow of drugs United States. United State from providing refugee through Haiti cannot be overstated. An The type of assembly carried out in protections to North Korean refugees. estimated 15 percent of all cocaine en- Haiti would have minimal impact on The bill I am introducing today clari- tering the United States passes employment in the United States. In fies and fixes that technicality. It says through Haiti, the Dominican Repub- fact, it would encourage the emigra- quite simply that, for asylum and ref- lic, or both. tion of jobs from the Far East back to ugee purposes, a North Korean is a Haiti still lacks democracy and polit- our hemisphere, including the United North Korean. This bill in no way de- ical stability. The U.S. policy of not States, because most Haitian foreign tracts from the generosity of the South providing assistance directly to the exchange earnings, unlike in the Far Korean government or the South Ko- Haitian Government is based on Presi- East, are utilized to purchase Amer- rean people. It does not encourage refu- dent Aristide’s failure to enact nec- ican products. And, the ‘‘Trade and De- gees to choose the United States over essary reforms to uphold democracy velopment Act’’ already includes South Korea as a safe haven. Far from and help the people of his own country. strong safeguards against trans- it, since those refugees who are able to All of this creates an environment shipment. reach South Korea will go there and where the logical course of action for In order for Haiti to be eligible for will be afforded the rights that refu- many Haitians is simply to flee. We the trade benefits under the bill, the gees escaping from persecution right- have seen this in the past, and we may President must certify that Haiti is fully deserve whether under various see it again. So far this fiscal year, the making progress on matters like the international conventions or the South Coast Guard has interdicted and res- rule of law. This will not be an easy Korean Constitution. Instead, this bill cued over 1,485 Haitian migrants at sea, task for the Haitian government. How- recognizes the physical obstacles fac- compared to 1,113 during the entire fis- ever, I believe that because of the in- ing North Korean refugees and removes cal year 2000. And, according to the centives provided in the bill, it would the technicality that compromises our State Department, migrants recently be more and more apparent to them ability to help them. interdicted and repatriated to Haiti that it is in their interest to reform.

VerDate Mar 15 2010 20:38 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00100 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16OC2.REC S16OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 16, 2002 CONGRESSIONAL RECORD — SENATE S10583 During my most recent trip to Haiti, serve the public interest in exchange ‘‘(e) AUDITS.—During the 45-day period pre- I met with President Aristide and for the privilege of obtaining an exclu- ceding a primary election and the 60-day pe- raised many concerns. I explained that sive license to use a scarce public re- riod preceding a general election, the Com- it is essential that he call for peace and source: the electromagnetic spectrum. mission shall conduct such audits as it deems necessary to ensure that each broad- domestic order, and that he take the The burden imposed on broadcasters caster to which this section applies is allo- necessary measures to bring an end to pales in comparison to the enormous cating television broadcast advertising time the political impasse. I explained the value of this spectrum, which recent in accordance with this section and section need to cooperate with the opposition, estimates suggest is worth as much as 312.’’ and to work with the Organization of $367 billion. (2) CONFORMING AMENDMENT.—Section 504 American States, OAS. The purpose of the legislation is to of the Bipartisan Campaign Reform Act of I also met with leaders of the opposi- increase the flow of political informa- 2002 is amended by striking ‘‘315), as amend- tion and told them that they, too, must tion in broadcast media and to reduce ed by this Act, is amended by redesignating subsections (e) and (f) as subsections (f) and be willing to compromise and cooper- the cost to candidates of reaching vot- (g), respectively, and’’ and inserting ‘‘315) is ate. I am pleased to see that the OAS ers. Our democracy is stronger when a amended by’’. Special Mission in Haiti is up and run- candidate’s success is achieved by (c) STYLISTIC AMENDMENTS.—Section 315 of ning, but I remain cautious about the ideas, and not by dollars. The benefits such Act (47 U.S.C. 315) is amended)— prospects for resolving the political of free airtime are not only for can- (1) by striking ‘‘For purposes of this sec- crisis. In the meantime, the United didates, however. By increasing the tion—’’ in subsection (e), as redesignated by States must take responsibility by con- flow of political information, free subsection (b)(1)(A) of this section, and in- serting ‘‘DEFINITIONS.—In this section:’’; tinuing and increasing our humani- airtime can better inform the public (2) by striking ‘‘the’’ in paragraph (1) of tarian and trade efforts in Haiti. This about candidates and invite viewers to that subsection and inserting ‘‘BROAD- is in our own best interest, and we have become more engaged in their govern- CASTING STATION.—The’’; a moral obligation to remain com- ment by learning more about the indi- (3) by striking ‘‘the’’ in paragraph (2) of mitted to the people of Haiti. viduals seeking to represent them. that subsection and inserting ‘‘LICENSEE; Adopting the Haiti Economic Recov- We recognize that the bill will not be STATION LICENSEE.—The’’; and ery Opportunity Act of 2002 would be a considered during the 107th Congress. (4) by inserting ‘‘REGULATIONS.—’’ in sub- powerful demonstration of that com- section (f), as so redesignated, before ‘‘The We look forward, however, to hearing Commission’’. mitment. I encourage my colleagues to how we might improve the approach SEC. 3. MINIMUM TIME REQUIREMENTS FOR CAN- join in support of this legislation. when we reintroduce it in the future. DIDATE-CENTERED OR ISSUE-CEN- Mr. President, I ask unanimous con- TERED BROADCASTS BY BROAD- By Mr. MCCAIN (for himself, Mr. sent that the text of the bill be printed CASTING STATIONS. FEINGOLD, and Mr. DURBIN): in the RECORD. (a) IN GENERAL.— S. 3124. A bill to amend the Commu- There being no objection, the bill was (1) PROGRAM CONTENT REQUIREMENTS.—In the administration of the Communications nications Act of 1934 to revise and ex- ordered to be printed in the RECORD, as pand the lowest unit cost provision ap- Act of 1934 (47 U.S.C. 151 et seq.), the Federal follows: Communications Commission may not deter- plicable to political campaign broad- S. 3124 mine that a broadcasting station has met its casts, to establish commercial broad- Be it enacted by the Senate and House of Rep- obligation to operate in the public interest casting station minimum airtime re- resentatives of the United States of America in unless the station demonstrates to the satis- quirements for candidate-centered and Congress assembled, faction of the Commission that— (A) it broadcast at least 2 hours per week issue-centered programming before pri- SECTION 1. SHORT TITLE. of candidate-centered programming or issue- mary and general elections, to estab- This Act may be cited as the ‘‘Political centered programming during each of the 6 lish a voucher system for the purchase Campaign Broadcast Activity Improvements weeks preceding a Federal election, includ- of commercial broadcast airtime for Act.’’ ing at least 4 of the weeks immediately pre- political advertisements, and for other SEC. 2. MEDIA RATES. ceding a general election; and purposes; to the Committee on Com- (a) LOWEST UNIT CHARGE; NATIONAL COM- (B) not less than 1 hour of such program- merce, Science, and Transportation. MITTEES.—Section 315(b) of the Communica- ming was broadcast in each of those weeks Mr. MCCAIN. Mr. President, today we tions Act of 1934 (47 U.S.C. 315(b)) is amend- during the period beginning at 5:00 p.m. and begin another chapter in the effort to ed— ending at 11:35 p.m. in the time zone in reform our political campaign system. (1) by striking ‘‘to such office’’ in para- which the primary broadcast audience for graph (1) and inserting ‘‘to such office, or by I am proud to be joined by Senator the station is located. a national committee of a political party on (2) NIGHTOWL BROADCASTS NOT COUNTED.— RUSS FEINGOLD, my longtime colleague behalf of such candidate in connection with For purposes of paragraph (1) any such pro- on campaign finance reform, and Sen- such campaign,’’; and gramming broadcast between midnight and ator RICHARD DURBIN, in introducing (2) by inserting ‘‘(at any time during the 6:00 a.m. in the time zone in which the pri- the Political Campaign Broadcast Ac- 120-day period preceding the date of the mary broadcast audience for the station is tivity Improvements Act. use)’’ in subparagraph (A) of paragraph (1) located shall not be taken into account. The bill establishes a program to pro- after ‘‘charge’’. (b) DEFINITIONS.—In this section: vide candidates and national commit- (b) PREEMPTION; AUDITS.— (1) BROADCASTING STATION.—The term tees of political parties, with vouchers (1) IN GENERAL.—Section 315 of such Act (47 ‘‘broadcasting station’’— U.S.C. 315) is amended— that they may use for political adver- (A) has the meaning given that term by (A) by redesignating subsections (c) and (d) section 315(e)(1) of the Communications Act tisements on radio and television as subsections (e) and (f), respectively and of 1934. broadcast stations. An annual spec- moving them to follow the existing sub- (2) CANDIDATE-CENTERED PROGRAMMING.— trum use fee paid by broadcasters section (e); The term ‘‘candidate-centered program- would fund the voucher system. In ad- (B) by redesignating the existing sub- ming’’— dition, the bill requires broadcast tele- section (e) as subsection (c); and (A) includes debates, interviews, candidate vision and radio stations to provide (B) by inserting after subsection (c) the fol- statements, and other program formats that candidates and parties with the lowest lowing: provide for a discussion of issues by the can- ‘‘(d) PREEMPTION.— didate; but rate provided to any other advertiser ‘‘(1) IN GENERAL.—Except as provided in (B) does not include paid political adver- in the previous 120 days, and in most paragraph (2), a license shall not preempt the tisements. cases, would prohibit states from pre- use of a broadcasting station by an eligible (3) FEDERAL ELECTION.—The term ‘‘Federal empting advertisements purchased by candidate or political committee of a polit- election’’ has the meaning given that term candidates or parties. Finally, the bill ical party who has purchased and paid for in section 315A(g)(2) of the Communications requires these stations to air a min- such use. Act of 1934. imum of two hours per week of can- ‘‘(2) CIRCUMSTANCES BEYOND CONTROL OF LI- (4) ISSUE-CENTERED PROGRAMMING.—The didate-centered or issue-centered pro- CENSEE.—If a program to be broadcast by a term ‘‘issue-centered programming’’— broadcasting station is preempted because of (A) includes debates, interviews, state- gramming before a primary or general circumstances beyond the control of the sta- ments, and other program formats that pro- federal election. tion, any candidate or party advertising spot vide for a discussion of any ballot measure This legislation builds on the long scheduled to be broadcast during that pro- which appears on a ballot in a forthcoming history of requiring broadcasters to gram may also be preempted. election; but

VerDate Mar 15 2010 20:38 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00101 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16OC2.REC S16OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10584 CONGRESSIONAL RECORD — SENATE October 16, 2002 (B) does not include paid political adver- number of Representatives from the State in ‘‘(B) not more than $100,000,000 shall be tisements. which the individual seeks election or who available for disbursement to political par- SEC. 4. POLITICAL ADVERTISEMENTS VOUCHER has been certified by the Federal Election ties under subsection (c). PROGRAM. Commission under this paragraph as eligible ‘‘(2) PER-CANDIDATE AMOUNT.— (a) IN GENERAL.—Title III of the Commu- to receive vouchers under paragraph (1). ‘‘(A) IN GENERAL.—Except as provided in nications Act of 1934 (47 U.S.C. 301 et seq.) is ‘‘(E) PRESIDENTIAL CANDIDATES.—For can- subparagraphs (B) and (C), the Commission amended by inserting after section 315 the didates for nomination for election, or elec- shall disburse vouchers to an individual can- following: tion, to the Office of President— didate under subsection (b)(1) with respect to ‘‘(i) the term ‘Federal election’ includes a ‘‘SEC. 315A. POLITICAL ADVERTISEMENT VOUCH- a Federal election equal, in the aggregate, to ER PROGRAM. primary election (as defined in section $3 multiplied by the contributions received 9032(7) of the Internal Revenue Code of 1986 ‘‘(a) IN GENERAL.—The Commission shall by that individual with respect to that elec- establish and administer a voucher program (26 U.S.C. 9032(7))); and tion, not counting any amount in excess of ‘‘(ii) in order to be eligible to receive for the purchase of airtime on broadcast sta- $250 received from any individual. vouchers under this section, the candidate tions for political advertisements in accord- ‘‘(B) MAXIMUM.—Except as provided in sub- shall execute the agreement described in ance with the provisions of this section. paragraph (C), the Commission may not dis- subparagraph (B). burse vouchers to an individual candidate ‘‘(b) CANDIDATES.— ‘‘(3) CERTIFICATION PROCESS.—In carrying under subsection (b)(1) with respect to a Fed- ‘‘(1) DISBURSEMENT OF VOUCHERS.—Begin- out its duties under paragraph (2), the Fed- ning no earlier than January of each even- eral election of more than— eral Election Commission shall— ‘‘(i) $375,000, for a candidate for election to numbered year after 2002, the Commission ‘‘(A) provide the requested certification, if the House of Representatives; or shall disburse vouchers at least once each the individual meets the requirements for ‘‘(ii) $375,000 multiplied by the number of month for the purchase of radio or television certification, within 7 days after it receives Representatives from the State from which broadcast airtime for political advertise- the information necessary therefor; and the individual seeks election, for a candidate ments on broadcasting stations to each indi- ‘‘(B) shall comply with the requirements of for election to the Senate. vidual certified by the Federal Election chapter 35 of title 44, United States Code, ‘‘(C) SPECIAL RULE FOR PRESIDENTIAL CAN- Commission under paragraph (2) as an eligi- (commonly known as the Paperwork Reduc- DIDATES.—The Commission shall disburse ble candidate. tion Act) and take other appropriate steps to vouchers to a candidate for nomination for ‘‘(2) FEC TO CERTIFY ELIGIBLE CAN- minimize the paperwork burden on can- election, or election, to the Office of Presi- DIDATES.—The Commission may not disburse didates seeking certification under this sub- dent who receives payments under section vouchers under paragraph (1) to an indi- section. 9037 or 9006 of the Internal Revenue Code of vidual, until the Federal Election Commis- ‘‘(c) POLITICAL PARTIES.— 1986 (26 U.S.C. 9037 or 9006), respectively, sion has made the following certifications ‘‘(1) DISBURSEMENT OF VOUCHERS.—In Janu- equal to— with respect to that individual: ary, 2004, and January of each even-num- ‘‘(i) $1 for each dollar received under sec- ‘‘(A) QUALIFICATION.—The individual is a bered year thereafter, the Commission shall tion 9037 of such Code; and legally-qualified candidate in a Federal elec- disburse vouchers for the purchase of radio ‘‘(ii) 50 cents for each dollar received under tion. or television broadcast airtime for political section 9006 of such Code. ‘‘(B) AGREEMENT.—The individual has advertisements on broadcasting stations to ‘‘(3) PER-COMMITTEE AMOUNT.— agreed in writing— each political party committee certified by ‘‘(A) IN GENERAL.—The $100,000,000 avail- ‘‘(i) to keep and furnish to the Federal the Federal Election Commission under able to be disbursed to political parties shall Election Commission such records, books, paragraph (2) as an eligible committee. disbursed as follows: and other information as it may require; and ‘‘(2) FEC TO CERTIFY ELIGIBLE COMMIT- ‘‘(i) The Commission shall reserve a per- ‘‘(ii) to repay to the Federal Communica- TEES.—The Commission may not disburse centage, determined by the Commission, of tions Commission an amount equal to 150 vouchers under paragraph (1) to a political the amount available for disbursement as percent of the dollar value of vouchers re- party committee, until the Federal Election provided in subparagraph (B) to political ceived from the Commission if the Federal Commission has made the following certifi- party committees described in subsection Election Commission makes a final deter- cations with respect to that committee: (C)(2)(B) that have been or will be certified mination that the individual violated any ‘‘(A) NATIONAL PARTY COMMITTEES.—The by the Federal Election Commission as eligi- term of the agreement. committee is the national committee of a ble political party committees. ‘‘(C) HOUSE OF REPRESENTATIVES CAN- political party or the national congressional ‘‘(ii) The Commission shall disburse the re- DIDATES.—For candidates for election to the campaign committee of a political party (as mainder of the amount available for dis- House of Representatives, that— those terms are used in section 323(a)(1) of bursement in equal amounts among political ‘‘(i) the individual has received at least the Federal Election Campaign Act of 1971 (2 party committees described in subsection $25,000 in contributions from individuals, not U.S.C. 441i(a)(1))). (c)(2)(A) that have been or will be certified ‘‘(B) MINOR PARTY COMMITTEES.—In the counting any amount in excess of $250 re- by the Federal Election Commission as eligi- case of a political party committee that is ceived from any individual; ble political party committees. not described in subparagraph (A), the com- ‘‘(ii) the individual agrees not knowingly ‘‘(B) MINOR PARTY COMMITTEE AMOUNT.— to make expenditures from the individual’s mittee meets the candidate base require- From the amount reserved under subpara- personal funds, or the personal funds of the ment of subparagraph (C). graph (A)(i), the Commission shall disburse ‘‘(C) CANDIDATE BASE.—The committee has individual’s immediate family, in connection to political party committees described in with the campaign for election to the House candidates— ‘‘(i) for election to the House of Represent- subsection (C)(2)(B) certified by the Federal of Representatives in excess of, in the aggre- Election Commission as eligible political gate, $125,000; and atives who have been certified by the Federal Election Commission under subsection (b)(2) party committees— ‘‘(iii) the individual faces opposition by at ‘‘(i) the same amount as the Commission as eligible candidates in at least 22 districts; least 1 other candidate who has received con- disburses to each political party committee tributions or made expenditures of, in the or ‘‘(ii) for election to the Senate in at least under subparagraph (A)(ii) if the political aggregate, at least $25,000 or who has been 5 States who have been certified by the Fed- party with which the political committee is certified by the Federal Election Commis- eral Election Commission under subsection affiliated has— sion under this paragraph as eligible to re- (b)(2) as eligible candidates. ‘‘(I) candidates for election to the House of ceive vouchers under paragraph (1). ‘‘(D) AGREEMENT.—The committee agrees Representatives certified by the Federal ENATE CANDIDATES.—For candidates ‘‘(D) S in writing— Election Commission under subsection (b)(2) for election to the Senate, that— ‘‘(i) to keep and furnish to the Federal as eligible candidates in 218 or more dis- ‘‘(i) the individual has received at least Election Commission such records, books, tricts; or $25,000 in contributions from individuals, not and other information as it may require; and ‘‘(II) candidates for election to the Senate counting any amount in excess of $250 re- ‘‘(ii) to repay to the Federal Communica- certified by the Federal Election Commis- ceived from any individual, multiplied by tions Commission an amount equal to 150 sion under subsection (b)(2) as eligible can- the number of Representatives from the percent of the dollar value of vouchers re- didates in 17 or more of the States in which State in which the individual seeks election; ceived from the Commission if the Federal elections for United States Senator are being ‘‘(ii) the individual agrees not knowingly Election Commission makes a final deter- held; and to make expenditures from the individual’s mination that the committee violated any ‘‘(ii) a percentage of such amount, deter- personal funds, or the personal funds of the term of the agreement. mined under subparagraph (C), if the polit- individual’s immediate family, in connection ‘‘(d) AMOUNTS.— ical party with which the political com- with the campaign for election to the House ‘‘(1) CALENDAR YEAR 2004 AGGREGATES.—For mittee is affiliated does not qualify for the of Representatives in excess of, in the aggre- calendar year 2004, the Commission shall dis- full amount under clause (i). gate, $500,000; and burse vouchers in the aggregate amount of ‘‘(C) PROPORTIONATE AMOUNT DETERMINA- ‘‘(iii) the individual faces opposition by at not more than $750,000,000, of which— TION.—The amount the Commission may dis- least 1 other candidate who has received con- ‘‘(A) not more than $650,000,000 shall be burse to a political party committee de- tributions or made expenditures of, in the available for disbursement to candidates scribed in subparagraph (B)(ii) is a percent- aggregate, at least $25,000 multiplied by the under subsection (b); and age of the amount disbursed to a political

VerDate Mar 15 2010 20:38 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00102 Fmt 4624 Sfmt 8472 E:\2002SENATE\S16OC2.REC S16OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 16, 2002 CONGRESSIONAL RECORD — SENATE S10585 party committee under subparagraph (A)(2) ‘‘(iv) the amount, if identified as a ‘vouch- penses incurred by the Commission under equal to the greater of the following percent- er exchange’ shall not be considered a con- this section. ages: tribution for the purposes of section 315 of ‘‘(D) FEE DOES NOT APPLY TO PUBLIC BROAD- (i) A percentage— that Act (2 U.S.C. 441a). CASTING STATIONS.—Subparagraph (A) does ‘‘(I) the numerator of which is the number ‘‘(g) VALUE; ACCEPTANCE; REDEMPTION.— not apply to a public telecommunications of districts in which the party has can- ‘‘(1) VOUCHER.—Each voucher disbursed by entity (as defined in section 397(12) of this didates for election to the House of Rep- the Commission under this section shall Act). resentatives certified by the Federal Elec- have a value in dollars, redeemable upon ‘‘(3) ADMINISTRATIVE PROVISIONS.—Except tion Commission under subsection (b)(2) as presentation to the Commission, together as otherwise provided in this subsection, sec- eligible candidates; and with such documentation and other informa- tion 9 applies to the assessment and collec- ‘‘(II) the denominator of which is 435. tion as the Commission may require, for the tion of fees under this subsection to the (ii) A percentage— purchase of broadcast airtime for political same extent as if those fees were regulatory ‘‘(I) the numerator of which is the number advertisements in accordance with this sec- fees imposed under section 9. of States in which the party has candidates tion. ‘‘(i) DEFINITIONS.—In this section: for election to the Senate certified by the ‘‘(2) ACCEPTANCE.—A broadcasting station ‘‘(1) BROADCASTING STATION.—The term Federal Election Commission under sub- shall accept vouchers in payment for the ‘broadcasting station’ has the meaning given section (b)(2) as eligible candidates; and purchase of broadcast airtime for political that term by section 315(e)(1). ‘‘(II) the denominator of which is 33 (or 34 advertisements in accordance with this sec- ‘‘(2) FEDERAL ELECTION.—The term ‘Federal in any year in which there are 34 Senators tion. election’ means any regularly-scheduled, pri- for election). ‘‘(3) REDEMPTION.—The Commission shall mary, runoff, or special election held to redeem vouchers accepted by broadcasting ‘‘(e) INFLATION ADJUSTMENT.—Each dollar nominate or elect a candidate to Federal of- amount in this section shall be adjusted for stations under paragraph (2) upon presen- fice. even-numbered years after 2002 in the same tation, subject to such documentation, ‘‘(3) FEDERAL OFFICE.—The term ‘Federal manner as the limitations in section 315(b) verification, accounting, and application re- office’ has the meaning given that term by and (d) of the Federal Election Campaign quirements as the Commission may impose section 101(3) of the Federal Election Cam- Act of 1971 are adjusted under section 301(c) to ensure the accuracy and integrity of the paign Act of 1971 (2 U.S.C. 431(3)). voucher redemption system. The Commis- of that Act, except that, for the purpose of ‘‘(4) LEGALLY-QUALIFIED CANDIDATE.—The applying section 301(c)— sion shall use amounts in the Political Ad- term ‘legally-qualified candidate’ means a ‘‘(1) ‘(commencing in 2004)’ shall be sub- vertising Voucher Account established under legally qualified candidate within the mean- stituted for ‘(commencing in 1976)’ in para- subsection (h) to redeem vouchers presented ing of section 315. under this subsection. graph (1) of that section; and ‘‘(5) POLITICAL PARTY.—The term ‘political ‘‘(2) ‘2002’ shall be substituted for ‘1974’ in ‘‘(4) EXPIRATION.— party’ means a major party or a minor party paragraph (2)(B) of that section. ‘‘(A) CANDIDATES.—A voucher may only be as defined in section 9002(3) or (4) of the In- ‘‘(f) USE.— used to pay for broadcast airtime for polit- ternal Revenue Code of 1986 (26 U.S.C. 9002(3) ical advertisements to be broadcast before or (4)). ‘‘(1) EXCLUSIVE USE.—Vouchers disbursed midnight on the day before the date of the by the Commission under this section may ‘‘(6) OTHER TERMS.—Except as otherwise be used exclusively for the purpose described Federal election in connection with which it provided in this section, any term used in in subsection (b) by the candidate or polit- was issued and shall be null and void for any this section that is defined in section 301 of ical party committee to which the vouchers other use or purpose. the Federal Election Campaign of 1971 (2 were disbursed, except that— ‘‘(B) EXEPTION FOR POLITICAL PARTY COM- U.S.C. 431) has the meaning given that term ‘‘(A) a candidate may exchange vouchers MITTEES.—A voucher held by a political by section 301 of that Act. party committee may be used to pay for with a political party under paragraph (2); ‘‘(j) REGULATIONS.—The Commission shall and broadcast airtime for political advertise- prescribe such regulations as may be nec- ments to be broadcast before midnight on essary to carry out the provisions of this sec- ‘‘(B) a political party may use vouchers to December 31st of the odd-numbered year fol- purchase broadcast airtime for political ad- tion. In developing the regulations, the Com- vertisements for its candidates in a general lowing the year in which the voucher was mission shall consult with the Federal Elec- election for any Federal, State, or local of- issued by the Commission. tions Commission.’’. ‘‘(5) VOUCHER AS EXPENDITURE UNDER fice. (b) DELAYED EFFECTIVE DATE FOR PRESI- FECA.— ‘‘(2) EXCHANGE WITH POLITICAL PARTY COM- DENTIAL CANDIDATES.—The provisions of sub- MITTEE.— ‘‘(A) CONGRESSIONAL CAMPAIGNS.—Except sections (b)(2)(E) and (d)(2)(C) of section 315A as provided in subparagraph (B), for purposes ‘‘(A) IN GENERAL.—A individual who re- of the Commissions Act of 1934, as added by ceives a voucher under this section may of the Federal Election Campaign Act of 1971 subsection (a), shall take effect on January transfer the right to use all or a portion of (2 U.S.C. 431 et seq.), the use of a voucher to 1, 2008. purchase broadcast airtime constitutes an the value of the voucher to a committee, de- Mr. FEINGOLD. Mr. President, I am scribed in subsection (c)(2)(A), of the polit- expenditure as defined in section 301(9)(A) of ical party of which the individual is a can- that Act (2 U.S.C. 431(9)(A)). pleased to join with the Senator from didate in exchange for money in an amount ‘‘(B) PRESIDENTIAL CAMPAIGNS.—Notwith- Arizona, Senator MCCAIN, in intro- equal to the cash value of the voucher or standing any provision of the Federal Elec- ducing legislation that we believe will portion exchanged. tion Campaign Act of 1971 or chapter 95 or 96 significantly improve media coverage of the Internal Revenue Code of 1986 to the ‘‘(B) CONTINUATION OF CANDIDATE OBLIGA- of elections and reduce the negative contrary, the use of a voucher by a candidate TIONS.—The transfer of a voucher, in whole impact that skyrocketing TV adver- or in part, to a political party committee for nomination for election, or election, to the Office of President does not constitute tising costs have on Federal cam- under this paragraph does not release the paigns. And I am very glad that the candidate from any obligation under the an expenditure for purposes of that Act or agreement made under the agreement made chapter. Senator from Illinois, Senator DURBIN, under subsection (b)(2) or otherwise modify ‘‘(h) POLITICAL ADVERTISING VOUCHER AC- has joined us as an original cosponsor that agreement or its application to that COUNT.— of this bill. candidate. ‘‘(1) IN GENERAL.—The Commission shall Although broadcast advertising is ‘‘(C) PARTY COMMITTEE OBLIGATIONS.—Any establish an account to be known as the Po- one of the most effective forms of com- political party committee to which a vouch- litical Advertising Voucher Account, which munication in our democracy, it also er or portion thereof is transferred under shall be credited with commercial television spectrum use fees assessed under this sub- diminishes the quality of our electoral subparagraph (A)— process in two ways. First, broad- ‘‘(i) shall account fully, in accordance with section, together with any amounts repaid or such requirements as the Commission may otherwise reimbursed under this section. casters often fail to provide adequate establish, for the receipt of the voucher; and ‘‘(2) SPECTRUM USE FEE.— coverage to the issues in elections, fo- ‘‘(ii) may not use the transferred voucher ‘‘(A) IN GENERAL.—The Commission shall cusing instead on the horse race, if or portion thereof for any purpose other than assess, and collect annually, a spectrum use they cover elections at all. Second, the a purpose described in paragraph (1)(B). fee based on a percentage of a broadcasting extraordinarily high cost of advertising station’s gross revenues in an amount nec- ‘‘(D) VOUCHER AS A CONTRIBUTION UNDER time fuels the insatiable need for can- essary to carry out the provisions of this sec- FECA.—If a candidate transfers a voucher or tion. didates to spend more and more time any portion thereof to a political party com- fundraising instead of talking with vot- mittee under subparagraph (A)— ‘‘(B) LIMITATIONS.—The percentage under subparagraph (A) may not be— ers. These two problems interact to un- ‘‘(i) the value of the voucher or portion dermine the great promise that tele- thereof transferred shall be treated as a con- ‘‘(i) greater than 1 percent; nor tribution from the candidate to the com- ‘‘(ii) less than .05 percent. vision has for promoting democratic mittee for purposes of sections 302 and 304 of ‘‘(C) AVAILABILITY.—Any amount assessed discourse in our country. the Federal Election Campaign Act of 1971 (2 and collected under this paragraph shall be It need not be this way. The public U.S.C. 432 and 434); retained by the Commission as an offsetting owns the airwaves and licenses them to ‘‘(ii) the committee may, in exchange, pro- collection for the purposes of making dis- broadcasters. Broadcasters pay nothing vide to the candidate only funds subject to bursements under this section, except that— for their use of this scarce and very the prohibitions, limitations, and reporting ‘‘(i) the salaries and expenses account of valuable public resource. Their only requirements of the Federal Election Cam- the Commission shall be credited with such paign Act of 1971 (2 U.S.C. 431 et seq.); sums as are necessary from those amounts ‘‘payment’’ is a promise to meet public ‘‘(iii) the money received in exchange by for the costs of developing and implementing interest standards, a promise that the candidate shall be treated as a contribu- the program established by this section; and often goes unfulfilled. A recent study tion from the committee to the candidate for ‘‘(ii) the Commission may reimburse the by the Committee for the Study of the purposes of those sections; and Federal Election Commission for any ex- American Electorate found that only 18

VerDate Mar 15 2010 20:38 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00103 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16OC2.REC S16OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10586 CONGRESSIONAL RECORD — SENATE October 16, 2002 percent of gubernatorial, senatorial ica,’’ the US’s importance was even Let us swear allegiance to a land that’s and congressional debates held in 2000 more plain. This is because the song free, were televised by network TV and an was originally written in 1918 during Let us all be grateful for a land so fair, As we raise our voices in a solemn prayer: additional 18 percent were covered by the height of the First World War, and God Bless America. PBS or small independent TV stations. then released for the first time in 1938 Land that I love More than 63 percent were not tele- as the clouds of war again gathered Stand beside her, and guide her vised at all. This is shocking in a de- over Europe. Thru the night with a light from above, mocracy that depends on information When Berlin first wrote ‘‘God Bless From the mountains, to the prairies, and open debate. America’’ in 1918, he intended it to be To the oceans, white with foam, The bill we introduce today addresses a solemn paean to his adopted nation God bless America, these problems by requiring broadcast as he looked across the ocean to a war- My home sweet home. God Bless America, stations to devote a reasonable amount torn Europe. Unfortunately, its somber and serious tone made it incompatible Land that I love, of air time to election programming. It Stand beside her, would also direct the FCC to create a with the musical revue he was working And guide her, voucher system in which candidates on at the time. When the drums of war Through the night, and parties would receive vouchers again sounded on distant shores, Berlin With the light from above. they could use for paid radio or TV ad- realized his song had a purpose, and From the mountains, vertising time financed by a broadcast knew it was time to offer it to an anx- To the prairies, spectrum usage fee. Candidates would ious country. After revising the lyrics To the ocean, to reflect the difference twenty years White with foam, qualify for vouchers based on a ratio God bless America, matched to the amount of small dollar and one Great War make, he intro- duced the song on Armistice Day 1938, My home sweet home. donations they raise. God bless America, Our proposal would allow candidates a simple song of peace, yet one that re- My home sweet home. to leverage their grassroots fundraising minded both Americans and people of and would provide greater campaign re- all nations that our Nation was a great By Mr. KERRY (for himself, Mr. sources to candidates without requir- one. SANTORUM, and Mr. SARBANES): ing them to become more beholden to This song accomplished exactly the S. 3126. A bill to amend the Internal special interests. The proposal would author’s intent—it so eloquently ex- Revenue Code of 1986 to allow an in- also make air time available to polit- pressed his love for our country that it come tax credit for the provision of ical parties, which could be directed to has provided for all of us a means to homeownership and community devel- underfunded candidates and chal- express our own love and feelings. It is opment, and for other purposes, to the lengers who have a harder and harder why we have sung it so many times Committee on Finance. time getting their message out under over the past year since those terrible Mr. KERRY. Mr. President, owning the current system as the costs of ad- events of September 11, and why we your own home is the foundation of the will continue to sing it for the years to vertising continue to rise. American dream. It encourages per- come. It captures the feelings every Senator MCCAIN and I remain de- sonal responsibility, provides economic voted to improving the way our elec- citizen shares, of love, of pride, of pa- security and gives families a greater toral process functions and reducing triotism, of sacrifice, and of freedom. stake in the development of their com- An instant sensation since its re- the impact of big money on our democ- munities. Families who own their lease, the power of this song to uplift racy. This new bill will advance that home are more civic-minded and more and comfort us particularly in the dark cause in a very significant and nec- willing to help develop the commu- days of this past year, reminds all of us nities where they live. Communities essary way. We recognize, of course, of the strength of words to inspire. For that little will happen on this bill be- where homeownership rates are highest that reason, the time has come to give have lower crime rates, better schools fore the end of this session of Congress. this song its long overdue recognition. We are introducing it now so that the and provide a better quality of life for That is why today I propose legislation families to raise their children. How- public and our colleagues can review it to designate ‘‘God Bless America’’ as and make suggestions on how to im- ever, too many working families and our national ‘‘song.’’ minorities have not been able to share prove it. We hope to make significant This is not to replace our rousing na- in the dream of homeownership due to progress on this legislation next year tional anthem, which is an unforget- the cost or lack of available housing. and look forward to working with our table salute to our hard-fought and tri- That is why I am introducing the colleagues, as we did on campaign fi- umphant birth as a Nation, but to offer Community Development Tax Credit nance reform to make this bill even recognition to ‘‘God Bless America.’’ Act, along with Senators RICK better and then enact it into law. For ‘‘God Bless America’’ is truly the SANTORUM and PAUL SARBANES, which perfect tribute for a Nation rising from will create a new homeownership tax By Mr. BROWNBACK (for him- the ashes of September 11 to reclaim credit program, based on the Low In- self, Mr. NELSON of Florida, Mr. our firm and unwavering belief in the come Housing Tax Credit program, to LIEBERMAN, Mr. MURKOWSKI, goodness of man and the universal encourage the construction and sub- Mr. SESSIONS, and Mr. MILLER): rights of liberty. S. 3125. A bill to designate ‘‘God Bless I ask unanimous consent that the stantial rehabilitation of homes for low America’’ as the national song of the text of the bill and the lyrics of the and moderate-income families in eco- nomically distressed areas. I believe United States; to the Committee on song be printed in the RECORD. the Judiciary. There being no objection, the mate- this legislation will increase the supply Mr. BROWNBACK. Mr. President, I rial was ordered to be printed in the of affordable homes for sale in inner- rise today to introduce legislation, RECORD, as follows: cities, rural areas and low and mod- with Senators NELSON, LIEBERMAN, S. 3125 erate-income neighborhoods across the MURKOWSKI, SESSIONS and MILLER, to United States. The tax credit will SECTION 1. NATIONAL SONG. honor one of our Nation’s most stirring (a) IN GENERAL.—The composition con- bridge the gap that exists between the songs, ‘‘God Bless America.’’ sisting of the words and music known as cost of developing affordable housing This patriotic masterpiece was writ- ‘‘God Bless America’’ is designated as the na- and the price at which these homes can ten by Irving Berlin, a man whose tional song of the United States. be sold in many low-income neighbor- background as an immigrant to our (b) RULE OF CONSTRUCTION.—The designa- hoods by providing investors with a tax shores gave him a keen understanding tion of a national song shall not be con- credit of up to 50 percent of the cost of strued as affecting the national anthem. and appreciation of our nation and how home construction or rehabilitation. important its existence was. The GOD BLESS AMERICA Over the past decade, we have made United States has long been a symbol WORDS AND LYRICS BY IRVING BERLIN— substantial progress in increasing the to peoples across the world, of oppor- COPYRIGHT 1939 homeownership rate in the United tunity, freedom, and the rule of law, While the storm clouds gather far across States. In 2000, the U.S. homeowner- but at the time of ‘‘God Bless Amer- the sea, ship rate reached a record high of 67.1

VerDate Mar 15 2010 20:38 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00104 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16OC2.REC S16OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 16, 2002 CONGRESSIONAL RECORD — SENATE S10587 percent with some 71 million U.S. home of their own in Dorchester. Ben The minimum rehabilitation cost is Households owning their own home. says that this new home gives them $25,000. Eligible building acquisition However, too many working families in the hope and stability they need. There costs are limited to one-half of reha- low- and moderate-income neighbor- are still too many working families liv- bilitation costs. States will allocate hoods and minorities across our Nation ing in substandard housing and many only the level of tax credits necessary have not been able to share in this more families that desperately need as- for financial feasibility. Ten percent of piece of the American Dream due to sistance from Habitat for Humanity or the available credit will be set aside for the high cost or lack of available hous- from the Federal government to be- nonprofit organizations. ing. come a homeowner. The eligible areas for the tax credit According to Census data for the sec- Today, our Nation is facing an afford- are defined as Census Tracts with me- ond quarter of 2002, non-Hispanic able rental housing crisis. Thousands dian income below 80 percent of the whites have a 74.3 percent homeowner- of low-income families with children, area or state median. Rural areas that ship rate while minority groups have the disabled, and the elderly are find- are currently eligible for USDA hous- just a 53.7 percent homeownership rate. ing it difficult to obtain or afford pri- ing programs will be eligible for the African-Americans have only a 48 per- vately owned affordable rental housing tax credit. Indian tribal lands will be cent homeownership rate and Hispanics units. Recent changes in the housing eligible for the tax credit. State-identi- have a mere 47.6 percent homeowner- market have limited the availability of fied areas of chronic economic distress ship rate in the same study. These affordable housing across the country, will be eligible for the tax credit, sub- numbers are unacceptable. while the growth in our economy in the ject to disapproval by the Department Many middle-income working fami- last decade has dramatically increased of Housing and Urban Development lies increasingly struggle to either find the cost of the housing that remains. Those eligible to buy homes built or or afford a median-priced home in our Moving thousands of working families refurbished using the tax credit in- Nation’s cities. Over the past two gen- from apartments to homes each year clude: individuals with incomes up to erations, many families have moved will help ease our rental housing crisis 80 percent of the area or state median out of cities and into the suburbs, and help many families now living in and up to 100 percent of area median which has had a negative effect on the substandard housing increase their income in low-income/high-poverty development of housing in the inner- quality of life. Census Tracts. city. In 1999, the homeownership rate By facing the mounting challenge of Individual states will write plans for in the central-city areas was 50.4 per- affordable housing we can dramatically allocating the tax credits using the fol- cent, this is 23.2 percent lower than the assist in the economic development lowing selection criteria: contribution suburban homeownership rate of 73.6 low- and moderate-income commu- of the development to community sta- percent. Today, developers are unlikely nities across our country. The produc- bility and revitalization; community to invest in any new housing develop- tion of new homes will create millions and local government support; need for homeownership development in the ment in inner-cities and rural areas of jobs in the inner city and rural areas area; sponsor capability; and the long- that may not be sold for the cost of where unemployment has been for too term sustainability of the project as construction. This is especially true in long fact of life. The production of owner-occupied residences. Individual low-income areas. There is a lack of af- housing has always been considered a developers along with investors then fordable single-family housing in areas driver of economic growth in our econ- can apply to the State to be awarded a where a majority of residents are mi- omy. New housing production can turn tax credit for developing a property in nority families. Properties will sit va- many low income communities around a low- or moderate-income area. If cho- cant and neighborhoods will remain and help end the spiral of unemploy- sen by the State, investors can start to undeveloped unless the gap between de- ment and crime which plague too many velopment costs and market prices can claim the tax credits as the homes are of our inner cities today. sold to eligible buyers. They can con- be filled. For these reasons, we need a new tax tinue to claim the tax credit over five Working families in this country are incentive for developers to build afford- years. Investors are not subject to re- increasingly finding themselves unable able homes in distressed areas to allow capture. If the home owner sold the to afford housing. A person trying to working families to buy their first residence within five years, a scale live in Boston would have to make home at a reasonable rate. would determine the percentage of the more than $35,000, annually, just to The Community Development Tax gain would be recaptured by the Fed- rent a two-bedroom apartment. This Credit Act, which I am introducing eral Government. In the first two means teachers, janitors, social work- today, bridges the gap between devel- years, 100 percent of the gain and 80, 70 ers, police officers and other full-time opment costs and market value to en- and 60 percent in the third, fourth, and workers are having trouble affording able the development of new or refur- fifth years, respectively would be re- even a modest two-bedroom apartment bished homes in these areas to blos- captured. when they should have a chance to buy som. The tax credit would be available This legislation is supported by the a home. to developers or investors that build or U.S. Conference of Mayors, Fannie The story of Benjamin and Rita substantially rehabilitate homes for Mae, Freddie Mac, the Enterprise Okafor show how working families in sale to low- or moderate-income buyers Foundation, Local Initiatives Support Massachusetts have great difficulty ob- in low-income areas. The credit would Coalition, Mortgage Bankers Associa- taining a decent home of their own. generate equity investment sufficient tion of America, National Association For many years, the Okafor’s and their to cover the gap between the cost of de- of Home Builders, National Low In- two young children were forced to live velopment and the price at which the come Housing Coalition, National As- in a one-bedroom apartment. Benjamin home can be sold to an eligible buyer sociation of Local Housing Finance Okafor, who worked full time as a cab The tax credit volume would be lim- Agencies, National Association of Real- driver in Boston, spent days and ited to $1.75 per capita for each State tors, National Council of La Raza, Na- months looking for a bigger apartment and allocated by the States them- tional Hispanic Housing Conference, for his family. However, the lack of af- selves. Credits would be claimed over Habitat for Humanity International fordable housing in the Boston area five years, starting when homes are and others. made it impossible for him to find ap- sold. This legislation will result in ap- propriate housing for his family. When proximately 50,000 homes built or re- f his wife Rita became pregnant with furbished annually, assuming about SUBMITTED RESOLUTIONS their third child, the Okafor’s knew $40,000 per home. something had to change in their living The maximum tax credit equals 50 situation. Luckily, Ben was accepted percent of the cost of construction, SENATE RESOLUTION 342—COM- into the Habitat for Humanity program substantial rehabilitation, and building MEMORATING THE LIFE AND and worked for 300 sweat equity hours acquisition. The eligible cost may not WORK OF STEPHEN E. AMBROSE constructing a house. In August 2000, exceed the Federal Housing Adminis- Ms. LANDRIEU (for herself, Mr. STE- the Okafor family moved into a new tration single-family mortgage limits. VENS, Mr. BREAUX, Mr. KOHL, Mr. LOTT,

VerDate Mar 15 2010 20:38 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00105 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16OC2.REC S16OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10588 CONGRESSIONAL RECORD — SENATE October 16, 2002 Mr. FEINGOLD, and Mr. REID) submitted S. RES. 344 (A) In subsection (b)(6), by inserting after the following resolution; which was Whereas, Senators Dianne Feinstein and ‘‘paragraph (5)(A)’’ the following: ‘‘, except considered and agreed to: Barbara Boxer have been named as defend- that direct spending or revenue effects re- ants in the case of Manshardt v. Federal Judi- sulting in net deficit reduction enacted pur- S. RES. 342 cial Qualifications Committee, et al., Case No. suant to reconciliation instructions since Whereas Stephen E. Ambrose dedicated his 02–4484 AHM, now pending in the United the beginning of that same calendar year life to telling the story of America; States District Court for the Central District shall not be available’’. Whereas Stephen Ambrose’s 36 books form of California; and (B) In subsection (g), by striking ‘‘2002’’ a body of work that has educated and in- Whereas, pursuant to sections 703(a) and and inserting ‘‘2003’’. spired the people of this Nation; 704(a)(1) of the Ethics in Government Act of (2) SCORECARD.—For purposes of enforcing Whereas President Bill Clinton awarded 1978, 2 U.S.C. §§ 288b(a) and 288c(a)(1), the section 207 of House Concurrent Resolution Stephen Ambrose the National Humanities Senate may direct its counsel to represent 68 (106th Congress), upon the adoption of this Medal for his contribution to American his- Members of the Senate in civil actions with section the Chairman of the Committee on torical understanding; respect to their official responsibilities: the Budget of the Senate shall adjust bal- Whereas Stephen Ambrose made history Now, therefore, be it ances of direct spending and receipts for all accessible to all people and had an unprece- Resolved, That the Senate Legal Counsel is fiscal years to zero. dented 3 works on the New York Times Best- authorized to represent Senators Diane Fein- (3) APPLICATION TO APPROPRIATIONS.—For sellers list simultaneously; stein and Barbara Boxer in the case of the purposes of enforcing this resolution, Whereas Stephen Ambrose served as Hon- Manshardt v. Federal Judicial Qualifications notwithstanding rule 3 of the Budget orary Chairman of the National Council of Committee, et al. Scorekeeping Guidelines set forth in the the Lewis and Clark Bicentennial and lent f joint explanatory statement of the com- his name, time, and resources to innumer- AMENDMENTS SUBMITTED & mittee of conference accompanying Con- able other philanthropic endeavors; PROPOSED ference Report 105–217, during the consider- Whereas Stephen Ambrose committed him- ation of any appropriations Act, provisions self to understanding the personal histories SA 4886. Mr. CONRAD (for himself, Mr. of an amendment (other than an amendment of the men and women often referred to as DOMENICI, Mr. FEINGOLD, and Mr. GREGG) reported by the Committee on Appropria- the ‘‘greatest generation’’; proposed an amendment to the bill S. Res. tions including routine and ongoing direct Whereas Stephen Ambrose’s 304, encouraging the Senate Committee on spending or receipts), a motion, or a con- groundbreaking work on the history of Appropriations to report thirteen, fiscally ference report thereon (only to the extent World War II and the D-day invasion cul- responsible, bipartisan appropriations bills that such provision was not committed to minated in the National D-Day Museum in to the Senate not later than July 31, 2002. conference), that would have been estimated SA 4887. Mr. SMITH, of New Hampshire New Orleans; and as changing direct spending or receipts under Whereas all Americans appreciate the con- submitted an amendment intended to be pro- posed to amendment SA 4471 proposed by Mr. section 252 of the Balanced Budget and tribution Stephen Ambrose has made in re- Emergency Deficit Control Act of 1985 (as in capturing the courage, sacrifice, and heroism LIEBERMAN to the bill H.R. 5005, to establish the Department of Homeland Security, and effect prior to September 30, 2002) were they of the D-day invasion on June 6, 1944: Now, included in an Act other than an appropria- therefore, be it for other purposes; which was ordered to lie on the table. tions Act shall be treated as direct spending Resolved, That the Senate— or receipts legislation, as appropriate, under (1) mourns the death of Stephen E. Am- SA 4888. Mr. REID (for Mr. KOHL) sub- mitted an amendment intended to be pro- section 207 of H. Con. Res. 68 (106th Congress, brose; posed by Mr. REID to the bill H.R. 2621, to 1st Session) as amended by this resolution. (2) expresses its condolences to Stephen amend title 18, United States Code, with re- Ambrose’s wife and 5 children; spect to consumer product protection. (3) salutes the excellence of Stephen Am- SA 4889. Mr. REID (for Mr. KOHL) proposed SA 4887. Mr. SMITH of New Hamp- brose at capturing the greatness of the an amendment to the bill S. 1233, to provide shire submitted an amendment in- American spirit in words; and penalties for certain unauthorized writing tended to be proposed to amendment (4) directs the Secretary of the Senate to with respect to consumer products. SA 4471 proposed by Mr. LIEBERMAN transmit an enrolled copy of this resolution SA 4890. Mr. REID (for Mr. WYDEN (for to the bill H.R. 5005, to establish the to the family of Stephen Ambrose. himself and Mr. ALLEN)) proposed an amend- ment to the bill S. 2182, to authorize funding Department of Homeland Security, and SENATE RESOLUTION 343—TO AU- for computer and network security research for other purposes; which was ordered THORIZE REPRESENTATION BY and development and research fellowship to lie on the table; as follows: programs, and for other purposes. THE SENATE LEGAL COUNSEL IN Insert at the appropriate place, relating to f NEWDOW V. EAGEN, ET AL. the responsibilities of the Directorate of Mr. DASCHLE (for himself and Mr. TEXT OF AMENDMENTS Emergency Preparedness and Response, the LOTT) submitted the following resolu- SA 4886. Mr. CONRAD (for himself, following: tion; which was considered and agreed Mr. DOMENICI, Mr. FEINGOLD, and Mr. ( ) Developing plans for ensuring the abil- to: GREGG) proposed an amendment to the ity to expeditiously move people and goods S. RES. 343 bill S. Res. 304, encouraging the Senate to and from densely populated areas and Whereas, Secretary Jeri Thomson and Fi- Committee on Appropriations to report critical infrastructure in the United States nancial Clerk Timothy Wineman have been thirteen, fiscally responsible, bipar- in the event of an actual or threatened ter- named as defendants in the case of Newdow tisan appropriations bills to the Senate rorist attack. v. Eagen, et al., Case No. 1:02CV01704, now not later than July 31, 2002; as follows: pending in the United States District Court Strike all after the resolved clause and in- for the District of Columbia; and SA 4888. Mr. REID (for Mr. KOHL) sert the following: submitted an amendment intended to Whereas, pursuant to sections 703(a) and That the Senate encourages the Senate Com- 704(a)(1) of the Ethics in Government Act of mittee on Appropriations to report thirteen, be proposed by Mr. REID to the bill 1978, 2 U.S.C. §§ 288b(a) and 288c(a)(1), the fiscally responsible, bipartisan appropria- H.R. 2621, to amend title 18, United Senate may direct its counsel to represent tions bills to the Senate not later than July States Code, with respect to consumer officers and employees of the Senate in civil 31, 2002. product protection; as follows: actions with respect to their official respon- SEC. ll. BUDGET ENFORCEMENT. sibilities: Now, therefore, be it (a) EXTENSION OF SUPERMAJORITY ENFORCE- Strike all after the enacting clause and in- Resolved, That the Senate Legal Counsel is MENT.— sert the following: authorized to represent Secretary Thomson and Mr. Wineman in the case of Newdow v. (1) IN GENERAL.—Notwithstanding any pro- SECTION 1. SHORT TITLE. Eagen, et al. vision of the Congressional Budget Act of 1974, subsections (c)(2) and (d)(3) of section This Act may be cited as the ‘‘Product Packaging Protection Act of 2002’’. SENATE RESOLUTION 344—TO AU- 904 of the Congressional Budget Act of 1974 shall remain in effect for purposes of Senate SEC. 2. TAMPERING WITH CONSUMER PRODUCTS. THORIZE REPRESENTATION BY enforcement through September 30, 2003. Section 1365 of title 18, United States Code, THE SENATE LEGAL COUNSEL IN (2) EXCEPTION.—Paragraph (1) shall not is amended— MANSHARDT V. FEDERAL JUDI- apply to the enforcement of section (1) by redesignating subsections (f) and (g) CIAL QUALIFICATIONS COM- 302(f)(2)(B) of the Congressional Budget Act as subsections (g) and (h), respectively; and MITTEE, ET AL. of 1974. (b) PAY-AS-YOU-GO RULE IN THE SENATE.— (2) by inserting after subsection (e) the fol- Mr. DASCHLE (for himself and Mr. (1) IN GENERAL.—For purposes of Senate en- lowing: LOTT) submitted the following resolu- forcement, section 207 of H. Con. Res. 68 (106th ‘‘(f)(1) Whoever, without the consent of the tion; which was considered and agreed Congress, 1st Session) shall be construed as manufacturer, retailer, or distributor, inten- to: follows: tionally tampers with a consumer product

VerDate Mar 15 2010 20:38 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00106 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16OC2.REC S16OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 16, 2002 CONGRESSIONAL RECORD — SENATE S10589 that is sold in interstate or foreign com- services critical to the public welfare, but (A) $35,000,000 for fiscal year 2003; merce by knowingly placing or inserting any have also increased the consequences of tem- (B) $40,000,000 for fiscal year 2004; writing in the consumer product, or in the porary or prolonged failure. (C) $46,000,000 for fiscal year 2005; container for the consumer product, before (3) A Department of Defense Joint Task (D) $52,000,000 for fiscal year 2006; and the sale of the consumer product to any con- Force concluded after a 1997 United States (E) $60,000,000 for fiscal year 2007. sumer shall be fined under this title, impris- information warfare exercise that the results (b) COMPUTER AND NETWORK SECURITY RE- oned not more than 1 year, or both. ‘‘clearly demonstrated our lack of prepara- SEARCH CENTERS.— ‘‘(2) Notwithstanding the provisions of tion for a coordinated cyber and physical at- (1) IN GENERAL.—The Director shall award paragraph (1), if any person commits a viola- tack on our critical military and civilian in- multiyear grants, subject to the availability tion of this subsection after a prior convic- frastructure’’. of appropriations, to institutions of higher tion under this section becomes final, such (4) Computer security technology and sys- education, nonprofit research institutions, person shall be fined under this title, impris- tems implementation lack— or consortia thereof to establish multidisci- oned for not more than 3 years, or both. (A) sufficient long term research funding; plinary Centers for Computer and Network ‘‘(3) In this subsection, the term ‘writing’ (B) adequate coordination across Federal Security Research. Institutions of higher means any form of representation or commu- and State government agencies and among education, nonprofit research institutions, nication, including hand-bills, notices, or ad- government, academia, and industry; and or consortia thereof receiving such grants vertising, that contain letters, words, or pic- (C) sufficient numbers of outstanding re- may partner with 1 or more government lab- torial representations.’’. searchers in the field. oratories or for-profit institutions, or other (5) Accordingly, Federal investment in institutions of higher education or nonprofit SA 4889. Mr. REID (for Mr. KOHL) computer and network security research and research institutions. proposed an amendment to the bill S. development must be significantly increased (2) MERIT REVIEW; COMPETITION.—Grants 1233, to provide penalties for certain to— shall be awarded under this subsection on a unauthorized writing with respect to (A) improve vulnerability assessment and merit-reviewed competitive basis. (3) PURPOSE.—The purpose of the Centers consumer products; as follows: technological and systems solutions; (B) expand and improve the pool of infor- shall be to generate innovative approaches Strike all after the enacting clause and in- mation security professionals, including re- to computer and network security by con- sert the following: searchers, in the United States workforce; ducting cutting-edge, multidisciplinary re- SECTION 1. SHORT TITLE. and search in computer and network security, in- This Act may be cited as the ‘‘Product (C) better coordinate information sharing cluding the research areas described in sub- Packaging Protection Act of 2002’’. and collaboration among industry, govern- section (a)(1). SEC. 2. TAMPERING WITH CONSUMER PRODUCTS. ment, and academic research projects. (4) APPLICATIONS.—An institution of higher Section 1365 of title 18, United States Code, (6) While African-Americans, Hispanics, education, nonprofit research institution, or is amended— and Native Americans constitute 25 percent consortia thereof seeking funding under this (1) by redesignating subsections (f) and (g) of the total United States workforce and 30 subsection shall submit an application to the as subsections (g) and (h), respectively; and percent of the college-age population, mem- Director at such time, in such manner, and (2) by inserting after subsection (e) the fol- bers of these minorities comprise less than 7 containing such information as the Director lowing: percent of the United States computer and may require. The application shall include, ‘‘(f)(1) Whoever, without the consent of the information science workforce. at a minimum, a description of— (A) the research projects that will be un- manufacturer, retailer, or distributor, inten- SEC. 3. DEFINITIONS. dertaken by the Center and the contribu- tionally tampers with a consumer product In this Act: tions of each of the participating entities; that is sold in interstate or foreign com- (1) DIRECTOR.—The term ‘‘Director’’ means (B) how the Center will promote active col- merce by knowingly placing or inserting any the Director of the National Science Founda- laboration among scientists and engineers writing in the consumer product, or in the tion. from different disciplines, such as computer container for the consumer product, before (2) INSTITUTION OF HIGHER EDUCATION.—The scientists, engineers, mathematicians, and the sale of the consumer product to any con- term ‘‘institution of higher education’’ has social science researchers; sumer shall be fined under this title, impris- the meaning given that term in section oned not more than 1 year, or both. (C) how the Center will contribute to in- 101(a) of the Higher Education Act of 1965 (20 creasing the number and quality of computer ‘‘(2) Notwithstanding the provisions of U.S.C. 1001(a)). paragraph (1), if any person commits a viola- and network security researchers and other SEC. 4. NATIONAL SCIENCE FOUNDATION RE- tion of this subsection after a prior convic- professionals, including individuals from SEARCH. groups historically underrepresented in tion under this section becomes final, such (a) COMPUTER AND NETWORK SECURITY RE- person shall be fined under this title, impris- these fields; and SEARCH GRANTS.— (D) how the center will disseminate re- oned for not more than 3 years, or both. (1) IN GENERAL.—The Director shall award ‘‘(3) In this subsection, the term ‘writing’ search results quickly and widely to improve grants for basic research on innovative ap- cyber security in information technology means any form of representation or commu- proaches to the structure of computer and nication, including hand-bills, notices, or ad- networks, products, and services. network hardware and software that are (5) CRITERIA.—In evaluating the applica- vertising, that contain letters, words, or pic- aimed at enhancing computer security. Re- torial representations.’’. tions submitted under paragraph (4), the Di- search areas may include— rector shall consider, at a minimum— (A) authentication, cryptography, and SA 4890. Mr. REID (for Mr. WYDEN (A) the ability of the applicant to generate other secure data communications tech- innovative approaches to computer and net- (for himself and Mr. ALLEN)) proposed nology; work security and effectively carry out the an amendment to the bill S. 2182, to au- (B) computer forensics and intrusion detec- research program; thorize funding for computer and net- tion; (B) the experience of the applicant in con- work security research and develop- (C) reliability of computer and network ap- ducting research on computer and network ment and research fellowship pro- plications, middleware, operating systems, security and the capacity of the applicant to grams, and for other purposes; as fol- control systems, and communications infra- foster new multidisciplinary collaborations; lows: structure; (C) the capacity of the applicant to attract (D) privacy and confidentiality; and provide adequate support for a diverse SECTION 1. SHORT TITLE. (E) network security architecture, includ- group of undergraduate and graduate stu- This Act may be cited as the ‘‘Cyber Secu- ing tools for security administration and dents group of undergraduate and graduate rity Research and Development Act’’. analysis; students and postdoctoral fellows to pursue SEC. 2. FINDINGS. (F) emerging threats; computer and network security research; The Congress finds the following: (G) vulnerability assessments and tech- and (1) Revolutionary advancements in com- niques for quantifying risk; (D) the extent to which the applicant will puting and communications technology have (H) remote access and wireless security; partner with government laboratories, for- interconnected government, commercial, sci- and profit entities, other institutions of higher entific, and educational infrastructures—in- (I) enhancement of law enforcement ability education, or nonprofit research institu- cluding critical infrastructures for electric to detect, investigate, and prosecute tions, and the role the partners will play in power, natural gas and petroleum production cybercrimes, including those that involve pi- the research undertaken by the Center. and distribution, telecommunications, trans- racy of intellectual property. (6) ANNUAL MEETING.—The Director shall portation, water supply, banking and fi- (2) MERIT REVIEW; COMPETITION.—Grants convene an annual meeting of the Centers in nance, and emergency and government serv- shall be awarded under this section on a order to foster collaboration and commu- ices—in a vast, interdependent physical and merit-reviewed competitive basis. nication between Center participants. electronic network. (3) AUTHORIZATION OF APPROPRIATIONS.— (7) AUTHORIZATION OF APPROPRIATIONS.— (2) Exponential increases in interconnec- There are authorized to be appropriated to There are authorized to be appropriated for tivity have facilitated enhanced communica- the National Science Foundation to carry the National Science Foundation to carry tions, economic growth, and the delivery of out this subsection— out this subsection—

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(A) $12,000,000 for fiscal year 2003; stitutional capacity, and in the case of an (2) MERIT REVIEW.—Grants shall be pro- (B) $24,000,000 for fiscal year 2004; application from a consortium of institu- vided under this subsection on a merit-re- (C) $36,000,000 for fiscal year 2005; tions of higher education, a description of viewed competitive basis. (D) $26,000,000 for fiscal year 2006; and the role that each member will play in im- (3) USE OF FUNDS.—An institution of higher (E) $36,000,000 for fiscal year 2007. plementing the proposal; education shall use grant funds for the pur- SEC. 5. NATIONAL SCIENCE FOUNDATION COM- (ii) a comprehensive plan by which the in- poses of— PUTER AND NETWORK SECURITY stitution or consortium will build instruc- (A) providing traineeships to students who PROGRAMS tional capacity in computer and information are citizens, nationals, or lawfully admitted (a) COMPUTER AND NETWORK SECURITY CA- security; permanent resident aliens of the United PACITY BUILDING GRANTS.— (iii) a description of relevant collabora- States and are pursuing research in com- (1) IN GENERAL.—The Director shall estab- tions with government agencies or private puter or network security leading to a doc- lish a program to award grants to institu- industry that inform the instructional pro- torate degree; tions of higher education (or consortia there- gram in computer and network security; (B) paying tuition and fees for students re- of) to establish, or improve undergraduate (iv) a survey of the applicant’s historic stu- ceiving traineeships under subparagraph (A); and master’s degree programs in computer dent enrollment and placement date in fields (C) establishing scientific internship pro- and net work security, to increase the num- related to computer and network security grams for students receiving traineeships ber of students, including the number of stu- and a study of potential enrollment and under subparagraph (A) in computer and net- dents from groups historically underrep- placement for students enrolled in the pro- work security at for-profit institutions, non- resented in these fields, who pursue under- posed computer and network security pro- profit research institutions, or government graduate or master’s degrees in fields related gram; and laboratories; and to computer and network security, and to (v) a plan to evaluate the success of the (D) other costs associated with the admin- provide students with experience in govern- proposed computer and network security istration of the program. (4) TRAINEESHIP AMOUNT.—Traineeships ment or industry related to their computer program, including post-graduation assess- provided under paragraph (3)(A) shall be in ment of graduate school and job placement and network security studies. the amount of $25,000 per year, or the level of (2) MERIT REVIEW.—Grants shall be award- and retention rates as well as the relevance the National Science Foundation Graduate ed under this subsection on a merit-reviewed of the instructional program to graduate Research Fellowships, whichever is greater, competitive basis. study and to the workplace. for up to 3 years. (3) USE OF FUNDS.—Grants awarded under (B) AWARDS.—(i) The Director shall ensure, (5) SELECTION PROCESS.—An institution of to the extent practicable, that grants are this subsection shall be used for activities higher education seeking funding under this awarded under this subsection in a wide that enhance the ability of an institution of subsection shall submit an application to the range of geographic areas and categories of higher education (or consortium thereof) to Director at such time, in such manner, and institutions of higher education, including provide high-quality undergraduate and mas- containing such information as the Director minority serving institutions. ter’s degree programs in computer and net- may require. The application shall include, (ii) The Director shall award grants under work security and to recruit and retain in- at a minimum, a description of— creased numbers of students to such pro- this subsection for a period not to exceed 5 (A) the instructional program and research grams. Activities may include— years. opportunities in computer and network secu- (5) ASSESSMENT REQUIRED.—The Director (A) revising curriculum to better prepare rity available to graduate students at the ap- shall evaluate the program established under undergraduate and master’s degree students plicant’s institution; and for careers in computer and network secu- this subsection no later than 6 years after (B) the internship program to be estab- rity; the establishment of the program. At a min- lished, including the opportunities that will (B) establishing degree and certificate pro- imum, the Director shall evaluate the extent be made available to students for internships grams in computer and network security; to which the program achieved its objectives at for-profit institutions, nonprofit research (C) creating opportunities for under- of increasing the quality and quantity of stu- institutions, and government laboratories. graduate students to participate in computer dents, including students from groups his- (6) REVIEW OF APPLICATIONS.—In evaluating and network security research projects; torically underrepresented in computer and the applications submitted under paragraph (D) acquiring equipment necessary for stu- network security related disciplines, pur- (5), the Director shall consider— dent instruction in computer and network suing undergraduate or master’s degrees in (A) the ability of the applicant to effec- security, including the installation of computer and network security. tively carry out the proposed program; testbed networks for student use; (6) AUTHORIZATION OF APPROPRIATIONS.— (B) the quality of the applicant’s existing (E) providing opportunities for faculty to There are authorized to be appropriated to research and education programs; work with local or Federal Government the National Science Foundation to carry (C) the likelihood that the program will re- agencies, private industry, nonprofit re- out this subsection— cruit increased numbers of students, includ- search institutions, or other academic insti- (A) $15,000,000 for fiscal year 2003; ing students from groups historically under- tutions to develop new expertise or to formu- (B) $20,000,000 for fiscal year 2004; represented in computer and network secu- late new research directions in computer and (C) $20,000,000 for fiscal year 2005; rity related disciplines, to pursue and earn network security; (D) $20,000,000 for fiscal year 2006; and doctorate degrees in computer and network (E) $20,000,000 for fiscal year 2007. (F) establishing collaborations with other security; (b) SCIENTIFIC AND ADVANCED TECHNOLOGY academic institutions and academic depart- (D) the nature and quality of the intern- ACT OF 1992.— ments that seek to establish, expand, or en- ship program established through collabora- (1) GRANTS.—The Director shall provide tions with government laboratories, non- hance programs in computer and network se- grants under the Scientific and Advanced profit research institutions and for-profit in- curity; Technology Act of 1992 (42 U.S.C. 1862i) for (G) establishing student internships in stitutions; the purposes of section 3 (a) and (b) of that computer and network security at govern- (E) the integration of internship opportu- Act, except that the activities supported ment agencies or in private industry; nities into graduate students’ research; and pursuant to this subsection shall be limited (H) establishing collaborations with other (F) the relevance of the proposed program to improving education in fields related to academic institutions to establish or en- to current and future computer and network computer and network security. hance a web-based collection of computer security needs. (2) AUTHORIZATION OF APPROPRIATIONS.— and network security courseware and labora- (7) AUTHORIZATION OF APPROPRIATIONS.— There are authorized to be appropriated to There are authorized to be appropriated to tory exercises for sharing with other institu- the National Science Foundation to carry tions of higher education, including commu- the National Science Foundation to carry out this subsection— out this subsection— nity colleges; (A) $1,000,000 for fiscal year 2003; (I) establishing or enhancing bridge pro- (A) $10,000,000 for fiscal year 2003; (B) $1,250,000 for fiscal year 2004; (B) $20,000,000 for fiscal year 2004; grams in computer and network security be- (C) $1,250,000 for fiscal year 2005; (C) $20,000,000 for fiscal year 2005; tween community colleges and universities; (D) $1,250,000 for fiscal year 2006; and (D) $20,000,000 for fiscal year 2006; and and (E) $1,250,000 for fiscal year 2007. (E) $20,000,000 for fiscal year 2007. (K) any other activities the Director deter- (c) GRADUATE TRAINEESHIPS IN COMPUTER (d) GRADUATE RESEARCH FELLOWSHIPS PRO- mines will accomplish the goals of this sub- AND NETWORK SECURITY RESEARCH.— GRAM SUPPORT.—Computer and network se- section. (1) IN GENERAL.—The Director shall estab- curity shall be included among the fields of (4) SELECTION PROCESS.— lish a program to award grants to institu- specialization supported by the National (A) APPLICATION.—An institution of higher tions of higher education to establish Science Foundation’s Graduate Research education (or a consortium thereof) seeking traineeship programs for graduate students Fellowships program under section 10 of the funding under this subsection shall submit who pursue computer and network security National Science Foundation Act of 1950 (42 an application to the Director at such time, research leading to a doctorate degree by U.S.C. 1869). in such manner, and containing such infor- providing funding and other assistance, and (e) CYBER SECURITY FACULTY DEVELOPMENT mation as the Director may require. The ap- by providing graduate students with re- TRAINEESHIP PROGRAM.— plication shall include, at a minimum— search experience in government or industry (1) IN GENERAL.—The Director shall estab- (i) a description of the applicant’s com- related to the students’ computer and net- lish a program to award grants to institu- puter and network security research and in- work security studies. tions of higher education to establish

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No funds made available under (2) MERIT REVIEW; COMPETITION.—Grants and inserting ‘‘Congress; and’’; and this section shall be made available directly shall be awarded under this section on a (3) by adding at the end the following: to any for-profit partners. merit-reviewed competitive basis. ‘‘(8) to take a leading role in fostering and ‘‘(2) ELIGIBILITY.—To be eligible for an (3) APPLICATION.—Each institution of high- supporting research and education activities award under this section, an institution of er education desiring to receive a grant to improve the security of networked infor- higher education shall submit an application under this subsection shall submit an appli- mation systems.’’. to the Director at such time, in such man- cation to the Director at such time, in such SEC. 8. NATIONAL INSTITUTE OF STANDARDS ner, and containing such information as the manner, and containing such information as AND TECHNOLOGY PROGRAMS. Director may require. The application shall the Director shall require. (a) RESEARCH PROGRAM.—The National In- include, at a minimum, a description of— (4) USE OF FUNDS.—Funds received by an stitute of Standards and Technology Act (15 ‘‘(A) the number of graduate students an- institution of higher education under this U.S.C. 271 et seq.) is amended— ticipated to participate in the research paragraph shall— (1) by moving section 22 to the end of the project and the level of support to be pro- (A) be made available to individuals on a Act and redesignating it as section 32; vided to each; merit-reviewed competitive basis and in ac- (2) by inserting after section 21 the fol- ‘‘(B) the number of post-doctoral research cordance with the requirements established lowing new section: positions included under the research project in paragraph (7); and the level of support to be provided to ‘‘SEC. 22. RESEARCH PROGRAM ON SECURITY OF (B) be in an amount that is sufficient to each; COMPUTER SYSTEMS cover annual tuition and fees for doctoral ‘‘(C) the number of individuals, if any, in- study at an institution of higher education ‘‘(a) ESTABLISHMENT.—The Director shall tending to change research fields and pursue for the duration of the graduate traineeship, establish a program of assistance to institu- studies related to the security of computer and shall include, in addition, an annual liv- tions of higher education that enter into systems to be included under the research ing stipend of $25,000; and partnerships with for-profit entities to sup- project and the level of support to be pro- (C) be provided to individuals for a dura- port research to improve the security of vided to each; and tion of no more than 5 years, the specific du- computer systems. The partnerships may ‘‘(D) how the for-profit entities, nonprofit ration of each graduate traineeship to be de- also include government laboratories and research institutions, and any other partners termined by the institution of higher edu- nonprofit research institutions. The program will participate in developing and carrying cation, on a case-by-case basis. shall— out the research and education agenda of the (5) REPAYMENT.—Each graduate ‘‘(1) include multidisciplinary, long-term partnership. traineeship shall— research; ‘‘(d) PROGRAM OPERATION.— (A) subject to paragraph (5)(B), be subject ‘‘(2) include research directed toward ad- ‘‘(1) MANAGEMENT.—The program estab- to full repayment upon completion of the dressing needs identified through the activi- lished under subsection (a) shall be managed doctoral degree according to a repayment ties of the Computer System Security and by individuals who shall have both expertise schedule established and administered by the Privacy Advisory Board under section 20(f); in research related to the security of com- institution of higher education; and puter systems and knowledge of the (B) be forgiven at the rate of 20 percent of ‘‘(3) promote the development of a robust vulnerabilities of existing computer systems. the total amount of the graduate traineeship research community working at the leading The Director shall designate such individuals assistance received under this section for edge of knowledge in subject areas relevant as program managers. each academic year that a recipient is em- to the security of computer systems by pro- ‘‘(2) MANAGERS MAY BE EMPLOYEES.—Pro- ployed as a full-time faculty member at an viding support for graduate students, post- gram managers designated under paragraph institution of higher education for a period doctoral researchers, and senior researchers. (1) may be new or existing employees of the not to exceed 5 years; and ‘‘(b) FELLOWSHIPS.— Institute or individuals on assignment at the (C) be monitored by the institution of ‘‘(1) POST-DOCTORAL RESEARCH FELLOW- Institute under the Intergovernmental Per- higher education receiving a grant under SHIPS.—The Director is authorized to estab- sonnel Act of 1970, except that individuals on this subsection to ensure compliance with lish a program to award post-doctoral re- assignment at the Institute under the Inter- this subsection. search fellowships to individuals who are governmental Personnel Act of 1970 shall not (6) EXCEPTIONS.—The Director may provide citizens, nationals, or lawfully admitted per- directly manage such employees. for the partial or total waiver or suspension manent resident aliens of the United States ‘‘(3) MANAGER RESPONSIBILITY.—Program of any service obligation or payment by an and are seeking research positions at institu- managers designated under paragraph (1) individual under this section whenever com- tions, including the Institute, engaged in re- shall be responsible for— pliance by the individual is impossible or search activities related to the security of ‘‘(A) establishing and publicizing the broad would involve extreme hardship to the indi- computer systems, including the research research goals for the program; ‘‘(B) soliciting applications for specific re- vidual, or if enforcement of such obligation areas described in section 4(a)(1) of the Cyber search projects to address the goals devel- with respect to the individual would be un- Security Research and Development Act. ‘‘(2) SENIOR RESEARCH FELLOWSHIPS.—The oped under subparagraph (A); conscionable. ‘‘(C) selecting research projects for support (7) ELIGIBILITY.—To be eligible to receive a Director is authorized to establish a program under the program from among applications graduate traineeship under this section, an to award senior research fellowships to indi- submitted to the Institute, following consid- individual shall— viduals seeking research positions at institu- eration of— tions, including the Institute, engaged in re- (A) be a citizen, national, or lawfully ad- ‘‘(i) the novelty and scientific and tech- search activities related to the security of mitted permanent resident alien of the nical merit of the proposed projects; United States; computer systems, including the research ‘‘(ii) the demonstrated capabilities of the (B) demonstrate a commitment to a career areas described in section 4(a)(1) of the Cyber individual or individuals submitting the ap- in higher education. Security Research and Development Act. plications to successfully carry out the pro- (8) CONSIDERATION.—In making selections Senior research fellowships shall be made posed research; for graduate traineeships under this para- available for established researchers at in- ‘‘(iii) the impact the proposed projects will graph, an institution receiving a grant under structions of higher education who seek to have on increasing the number of computer this subsection shall consider, to the extent change research fields and pursue studies re- security researchers; possible, a diverse pool of applicants whose lated to the security of computer systems. ‘‘(iv) the nature of the participation by for- interests are of an interdisciplinary nature, ‘‘(3) ELIGIBILITY.— profit entities and the extent to which the encompassing the social scientific as well as ‘‘(A) IN GENERAL.—To be eligible for an proposed projects address the concerns of in- the technical dimensions of cyber security. award under this subsection, an individual dustry; and (9) AUTHORIZATION OF APPROPRIATIONS.— shall submit an application to the Director ‘‘(v) other criteria determined by the Di- There are authorized to be appropriated to at such time, in such manner, and con- rector, based on information specified for in- the National Science Foundation to carry taining such information as the Director clusion in applications under subsection; (c); out this paragraph $5,000,000 for each of fiscal may require. and years 2003 through 2007. ‘‘(B) STIPENDS.—Under this subsection, the ‘‘(D) monitoring the progress of research SEC. 6. CONSULTATION. Director is authorized to provide stipends for projects supported under the program. In carrying out sections 4 and 5, the Direc- post-doctoral research fellowships at the ‘‘(4) REPORTS.—The Director shall report to tor shall consult with other Federal agen- level of the Institute’s Post Doctoral Re- the Senate Committee on Commerce, cies. search Fellowship Program and senior re- Science, and Transportation and the House SEC. 7. FOSTERING RESEARCH AND EDUCATION search fellowships at levels consistent with of Representatives Committee on Science IN COMPUTER AND NETWORK SECU- support for a faculty member in a sabbatical annually on the use and represponsibility of RITY. position. individuals on assignment at the Institute Section 3(a) of the National Science Foun- ‘‘(c) AWARDS: APPLICATIONS.— under the Intergovernmental Personnel Act dation Act of 1950 (42 U.S.C. 1862(a)) is ‘‘(1) IN GENERAL.—The Director is author- of 1970 who are performing duties under sub- amended— ized to award grants or cooperative agree- section (d).

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‘‘(e) REVIEW OF PROGRAM.— a computer hardware or software system (1) for activities under section 22 of the Na- ‘‘(1) PERIODIC REVIEW.—The Director shall does not— tional Institute of Standards and Technology periodically review the portfolio of research (A) require any Federal agency to select Act, as added by section 8 of this Act— awards monitored by each program manager the specific settings or options recommended (A) $25,000,000 for fiscal year 2003; designated in accordance with subsection (d). by the checklist for the system; (B) $40,000,000 for fiscal year 2004; In conducting those reviews, the Director (B) establish conditions or prerequisites for (C) $55,000,000 for fiscal year 2005; shall seek the advice of the Computer Sys- Federal agency procurement or deployment (D) $70,000,000 for fiscal year 2006; tem Security and Privacy Advisory Board, of any such system; (E) $85,000,000 for fiscal year 2007; and (2) for activities under section 20(f) of the established under section 21, on the appro- (C) represent an endorsement of any such National Institute of Standards and Tech- priateness of the research goals and on the system by the Director of the National Insti- nology Act, as added by section 10 of this Act quality and utility of research projects man- tute of Standards and Technology; nor (A) $6,000,000 for fiscal year 2003; aged by program managers in accordance (D) preclude any Federal agency from pro- (B) $6,200,000 for fiscal year 2004; with subsection (d). curing or deploying other computer hard- (C) $6,400,000 for fiscal year 2005; ‘‘(2) COMPREHENSIVE 5-YEAR REVIEW.—The ware or software systems for which no such (D) $6,600,000 for fiscal year 2006; and Director shall also contract with the Na- checklist has been developed. (E) $6,800,000 for fiscal year 2007. tional Review Council for a comprehensive (d) FEDERAL AGENCY INFORMATION SECU- SEC. 12. NATIONAL ACADEMY OF SCIENCES review of the program established under sub- RITY PROGRAMS.— STUDY ON COMPUTER AND NET- section (a) during the 5th year of the pro- (1) IN GENERAL.—In developing the agency- WORK SECURITY IN CRITICAL IN- gram. Such review shall include an assess- wide information security program required FRASTRUCTURES. ment of the scientific quality of the research by section 3534(b) of title 44, United States (a) STUDY.—Not later than 3 months after conducted, the relevance of the research re- Code, an agency that deploys a computer the date of the enactment of this Act, the sults obtained to the goals of the program hardware or software system for which the Director of the National Institute of Stand- established under subsection (d)(3)(A), and Director of the National Institute of Stand- ards and Technology shall enter into an ar- the progress of the program in promoting the ards and Technology has developed a check- rangement with the National Research Coun- development of a substantial academic re- list under subsection (c) of this section— cil of the National Academy of Sciences to search community working at the leading (A) shall include in that program an expla- conduct a study of the vulnerabilities of the edge of knowledge in the field. The Director nation of how the agency has considered Nation’s network infrastructure and make shall submit to Congress a report on the re- such checklist in deploying that system; and recommendations for appropriate improve- sults of the review under this paragraph no (B) may treat the explanation as if it were ments. The National Research Council later than 6 years after the initiation of the a portion of the agency’s annual performance shall— program. plan properly classified under criteria estab- (1) review existing studies and associated ‘‘(f) DEFINITIONS.—In this section: lished by an Executive Order (within the data on the architectural, hardware, and ‘‘(1) COMPUTER SYSTEM.—The term ‘com- meaning of section 1115(d) of title 31, United software vulnerabilities and interdepend- puter system’ has the meaning given that States Code). encies in United States critical infrastruc- term in section 20(d)(1). (2) LIMITATION.—Paragraph (1) does not ture networks; ‘‘(2) INSTITUTION OF HIGHER EDUCATION.— apply to any computer hardware or software (2) identify and assess gaps in technical ca- The term ‘institution of higher education’ system for which the National Institute of pability for robust critical infrastructure has the meaning given that term in section Standards and Technology does not have re- network security and make recommenda- 101(a) of the Higher Education Act of 1965 (20 sponsibility under section 20(a)(3) of the Na- tions for research priorities and resource re- U.S.C. 1001(a)).’’. tional Institute of Standards and Technology quirements; and ‘‘(b) AMENDMENT OF COMPUTER SYSTEM Act (15 U.S.C. 278g–3(a)(3)). (3) review any and all other essential ele- DEFINITION.—Section 20(d)(1)(B)(i) of Na- SEC. 9. COMPUTER SECURITY REVIEW, PUBLIC ments of computer and network security, in- tional Institute of Standards and Technology MEETINGS, AND INFORMATION. cluding security of industrial process con- Act (15 U.S.C. 278g–3(d)(1)(B)(i)) is amended Section 20 of the National Institute of trols, to be determined in the conduct of the to read as follows: Standards and Technology Act (15 U.S.C. study. ‘‘(i) computers and computer networks;’’. 278g–3) is amended by adding at the end the (b) REPORT.—The Director of the National ‘‘(c) CHECKLISTS FOR GOVERNMENT SYS- following new subsection: Institute of Standards and Technology shall transmit a report containing the results of TEMS.— ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(1) IN GENERAL.—The Director of the Na- There are authorized to be appropriated to the study and recommendations required by tional Institute of Standards and Technology the Secretary $1,060,000 for fiscal year 2003 subsection (a) to the Senate Committee on shall develop, and revise as necessary, a and $1,090,000 for fiscal year 2004 to enable Commerce, Science, and Transportation and checklist setting forth settings and option the Computer System Security and Privacy the House of Representatives Committee on selections that minimize the security risks Advisory Board, established by section 21, to Science not later than 21 months after the associated with each computer hardware or identify emerging issues, including research date of enactment of this Act. (c) SECURITY.—The Director of the Na- software system that is, or is likely to be- needs, related to computer security, privacy, tional Institute of Standards and Technology come, widely used within the Federal gov- and cryptography and, as appropriate, to shall ensure that no information that is clas- ernment. convene public meetings on those subjects, ‘‘(2) Priorities for development; excluded sified is included in any publicly released receive presentation, and publish reports, di- systems.—The Director of the National Insti- version of the report required by this sec- gests, and summaries for public distribution tute of Standards and Technology may es- tion. on those subjects.’’. tablish priorities for the development of (d) AUTHORIZATION OF APPROPRIATIONS.— checklists under this paragraph on the basis SEC. 10. INTRAMURAL SECURITY RESEARCH. There are authorized to be appropriated to of the security risks associated with the use Section 20 of the National Institute of the Secretary of Commerce for the National of the system, the number of agencies that Standards and Technology Act (15 U.S.C. Institute of Standards and Technology for use a particular system, the usefulness of the 278g–3), as amended by this Act, is further the purposes of carrying out this section, checklist of Federal agencies that are users amended by redesignating subsection (e) as $700,000. or potential users of the system, or such subsection (f), and by inserting after sub- SEC. 13. COORDINATION OF FEDERAL CYBER SE- other factors as the Director determines to section (d) the following: CURITY RESEARCH AND DEVELOP- be appropriate. The Director of the National ‘‘(e) INTRAMURAL SECURITY RESEARCH.—As MENT Institute of Standards and Technology may part of the research activities conducted in The Director of the National Science Foun- exclude from the application of paragraph (1) accordance with subsection (b)(4), the Insti- dation and the Director of the National In- any computer hardware or software system tute shall— stitute of Standards and Technology shall for which the Director of the National Insti- ‘‘(1) conduct a research program to address coordinate the research programs authorized tute of Standards and Technology deter- emerging technologies associated with as- by this Act or pursuant to amendments mines that the development of a checklist is sembling a networked computer system from made by this Act. The Director of the Office inappropriate because of the infrequency of components while ensuring it maintains de- of Science and Technology Policy shall work use of the system, the obsolescence of the sired security properties; with the Director of the National Science system, or the inutility or impracticability ‘‘(2) carry out research associated with im- Foundation and the Director of the National of developing a checklist for the system. proving the securing of real-time computing Institute of Standards and Technology to en- (3) DISSEMINATION OF CHECKLISTS.—The Di- and communications systems for use in proc- sure that programs authorized by this Act or rector of the National Institute of Standards ess control; and pursuant to amendments made by this Act and Technology shall make any checklist de- ‘‘(3) carry out multidisciplinary, long- are taken into account in any government- veloped under this paragraph for any com- term, high-risk research on ways to improve wide cyber security research effort. puter hardware or software system available the security of computer systems.’’. SEC. 14. OFFICE OF SPACE COMMERCIALIZATION. to each Federal agency that is a user or po- SEC. 11. AUTHORIZATION OF APPROPRIATIONS. Section 8(a) of the Technology Administra- tential user of the system. There are authorized to be appropriated to tion Act of 1998 (15 U.S.C. 1511e(a)) is amend- (4) AGENCY USE REQUIREMENTS.—The devel- the Secretary of Commerce for the National ed by inserting ‘‘the Technology Administra- opment of a checklist under paragraph (1) for Institute of Standards and Technology— tion of’’ after ‘‘within’’.

VerDate Mar 15 2010 20:38 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00110 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16OC2.REC S16OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 16, 2002 CONGRESSIONAL RECORD — SENATE S10593 SEC. 15. TECHNICAL CORRECTION OF NATIONAL mittee on Foreign Relations be author- MAKING FURTHER CONTINUING CONSTRUCTION SAFETY TEAM ACT. ized to meet during the session of the APPROPRIATIONS FOR THE FIS- Section 29(c)(1)(d) of the National Con- Senate on Wednesday, October 16, 2002 CAL YEAR 2003 struction Safety Team Act is amended by striking ‘‘section 8;’’ and inserting ‘‘section at 10:00 a.m. to hold a hearing on An- The PRESIDING OFFICER. Under 7;’’. gola. the previous order, the Senate having SEC. 16. GRANT ELIGIBILITY REQUIREMENTS AGENDA received H.J. Res. 123 from the House AND COMPLIANCE WITH IMMIGRA- Witnesses: Panel 1: The Honorable Walter of Representatives, the Senate will pro- TION LAWS. Kansteiner, Assistant Secretary for African ceed to its immediate consideration, it (a) IMMIGRATION STATUS.—No grant or fel- Affairs, Department of State, Washington, lowship may be awarded under this Act, di- is read three times and passed, and the DC. rectly or indirectly, to any individual who is motion to reconsider is laid upon the Panel 2: Mr. Nicolas de Torrente, Execu- in violation of the terms of his or her status table. tive Director, Medecins Sans Frontieres— as a nonimmigrant under section The joint resolution (H.J. Res. 123) USA, New York, New York. 101(a)(15)(F), (M), or (J) of the Immigration was passed. and Nationality Act (8 U.S.C. 1101(a)(15)(F), The PRESIDING OFFICER. Without f (M), or (J)). objection, it is so ordered. (b) ALIENS FROM CERTAIN COUNTRIES.—No COMMITTEE ON FOREIGN RELATIONS PRODUCT PACKAGING grant or fellowship may be awarded under PROTECTION ACT OF 2002 this Act, directly or indirectly, to any alien Mr. INOUYE. Mr. President, I ask from a country that is a state sponsor of unanimous consent that the Com- Mr. REID. Mr. President, I ask unan- international terrorism, as defined under mittee on Foreign Relations be author- imous consent that the Senate proceed section 306(b) of the Enhanced Border Secu- ized to meet during the session of the to the consideration of calendar No. rity and VISA Entry Reform Act (8 U.S.C. Senate on Wednesday, October 16, 2002 415, H.R. 2621. 1735(b)), unless the Secretary of State deter- at 2:30 p.m. to hold a nomination hear- The PRESIDING OFFICER. The mines, in consultation with the Attorney clerk will report the bill by title. General and the heads of other appropriate ing. agencies, that such alien does not pose a AGENDA The legislative clerk read as follows: threat to the safety or national security of Nominees: Mr. Collister Johnson, Jr., of A bill (H.R. 2621) to amend title 18, United the United States. Virginia, to be a Member of the Board of Di- States Code, with respect to consumer prod- (c) NON-COMPLYING INSTITUTIONS.—No rectors of the Overseas Private Investment uct protection. grant or fellowship may be awarded under Corporation for a term expiring December 17, There being no objection, the Senate this Act, directly or indirectly, to any insti- 2004. proceeded to consider the bill. tution of higher education or non-profit in- Mr. KOHL. Mr. President, today the stitution (or consortia thereof) that has— The PRESIDING OFFICER. Without (1) materially failed to comply with the objection, it is so ordered. Senate will pass the Product Pack- aging Protection Act of 2002. This bill recordkeeping and reporting requirements to SELECT COMMITTEE ON INTELLIGENCE receive non-immigrant students or exchange will help prevent and punish a dis- visitor program participants under section Mr. INOUYE. Mr. President, I ask turbing trend of product tampering— 101(a)(15)(F), (M), or (J) of the Immigration unanimous consent that the Select the placement of hate-filled literature and Nationality Act (8 U.S.C. 1101(a)(15)(F), Committee on Intelligence be author- into the boxes of cereal or food that (M), or (J)), or section 641 of the Illegal Im- ized to meet during the session of the millions of Americans bring home from migration Reform and Responsibility Act of Senate on Wednesday, October 16, 2002 the grocery store every day. I am 1996 (8 U.S.C. 1372), as required by section 502 at 12:00 to hold a business meeting. of the Enhanced Border Security and VISA pleased to have worked on this legisla- The PRESIDING OFFICER. Without tion with Senators HATCH, LEAHY, Entry Reform Act (8 U.S.C. 1762); or objection, it is so ordered. (2) been suspended or terminated pursuant DEWINE, and DURBIN, as well as Chair- to section 502(c) of the Enhanced Border Se- SUBCOMMITTEE ON INTERNATIONAL TRADE AND man SENSENBRENNER, Congressman curity and VISA Entry Reform Act (8 U.S.C. FINANCE SCOTT, Congresswoman BALDWIN and 1762(c)). Mr. INOUYE. Mr. President, I ask Congresswoman HART. SEC. 17. REPORT ON GRANT AND FELLOWSHIP unanimous consent that the Sub- Too many Americans have recently PROGRAMS. committee on International Trade and opened groceries and found offensive, Within 24 months after the date of enact- Finance of the Committee on Banking, racist, anti-Semitic, pornographic and ment of this Act, the Director, in consulta- tion with the Assistant to the President for Housing, and Urban Affairs be author- hateful leaflets. In the last few years, National Security Affairs, shall submit to ized to meet during the session of the food manufacturers have received nu- Congress a report reviewing this Act to en- Senate on Wednesday, October 16, 2002, merous complaints from consumers sure that the programs and fellowships are at 10:00 a.m., to conduct an Oversight who report finding such literature. being awarded under this Act to individuals Hearing on ‘‘Instability in Latin Amer- Hundreds more incidents have likely and institutions of higher education who are ica: U.S. Policy and the Role of the gone unreported. This behavior is out- in compliance with the Immigration and Na- International Community.’’ right shameful. tionality Act (8 U.S.C. 1101 et seq.) in order Unfortunately, when consumers or to protect our national security. The PRESIDING OFFICER. Without objection, it is so ordered. companies turn to the authorities, f they cannot be helped. According to AUTHORITY FOR COMMITTEES TO f the FBI and the Food and Drug Admin- MEET istration’s Office of Criminal Investiga- tion, these actions are not covered by COMMITTEE ON ARMED SERVICES UNANIMOUS CONSENT REQUEST— H.R. 1606 federal product tampering statutes. A Mr. INOUYE. Mr. President, I ask loophole in Federal anti-tampering law unanimous consent that the Com- Mr. REID. Mr. President, I ask unan- allows it to go unpunished. And only a mittee on Armed Services be author- imous consent that the Energy Com- couple of state laws are in place. So, ized to meet during the session of the mittee be discharged from further con- the Product Packaging Protection Act Senate on Wednesday, October 16, 2002, sideration of H.R. 1606, and that the of 2002 will close this loophole ion Fed- at 2:00 p.m. in Executive Session to Senate proceed to its immediate con- eral product tampering law and protect consider the nomination of Major Gen- sideration, the bill be read three times consumers. eral Robert T. Clark, USA for appoint- and passed, and the motion to recon- I am pleased that the Senate will ment to the grade of Lieutenant Gen- sider be laid upon the table, without pass this measure today. We hope that eral and to be Commanding General, any intervening action or debate. the House of Representatives will take Fifth United States Army. The PRESIDING OFFICER. Is there it up the legislation in a timely man- The PRESIDING OFFICER. Without objection? ner. Then, consumers will be able to objection, it is so ordered. Mr. REID. Mr. President, I have to rest a little easier when it comes to the COMMITTEE ON FOREIGN RELATIONS object on behalf of the Republicans. safety of the products they purchase at Mr. INOUYE. Mr. President, I ask The PRESIDING OFFICER. Objec- their local grocery store. The Product unanimous consent that the Com- tion is heard. Packaging Protection Act is a small

VerDate Mar 15 2010 20:38 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00111 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16OC2.REC S16OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10594 CONGRESSIONAL RECORD — SENATE October 16, 2002 but meaningful thing we can do to ø(1) by redesignating subsections (f) and (g) eral product tampering law and protect make our current laws more effective as subsections (g) and (h), respectively; and consumers. and to give consumers and companies ø(2) by inserting after subsection (e) the I am pleased that the Senate will following new subsection (f): pass this measure today. We hope that the help they need. ø‘‘(f)(1) Whoever, without the consent of Mr. REID. Mr. President, I ask unan- the manufacturer, retailer, or authorized dis- the House of Representatives will take imous consent that the Kohl substitute tributor, intentionally tampers with a con- up the legislation in a timely manner. amendment at the desk be agreed to, sumer product that is sold in interstate or Then, consumers will be able to rest a the bill, as amended, be read three foreign commerce by knowingly placing or little easier when it comes to safety of times and passed, and the motion to re- inserting any writing in the consumer prod- the products they purchase at their consider be laid upon the table, with no uct, or the container for the consumer prod- local grocery store. The Product Pack- intervening action or debate, and that uct, before the sale of the consumer product aging Protection Act is a small but any statements relating to this matter to any consumer shall be fined under this meaningful thing we can do to make title, imprisoned not more than three years, be printed in the RECORD. or both. our current laws more effective and to The PRESIDING OFFICER. Without ø‘‘(2) As used in paragraph (1) of this sub- give consumers and companies the help objection, it is so ordered. section, the term ‘writing’ means any form they need. The amendment (No. 4888) was agreed of representation or communication, includ- Mr. REID. Mr. President, I ask unan- to, as follows: ing handbills, notices, or advertising, that imous consent that the Kohl substitute Strike all after the enacting clause and in- contain letters, words, or pictorial represen- amendment at the desk be agreed to, sert the following: tations.’’.¿ the committee substitute amendment SECTION 1. SHORT TITLE. SECTION 1. SHORT TITLE. be agreed to, as amended, the bill, as This Act may be cited as the ‘‘Product This Act may be cited as the ‘‘Product Pack- amended, be read a third time and Packaging Protection Act of 2002’’. aging Protection Act of 2001’’. passed, and the motion to reconsider be SEC. 2. TAMPERING WITH CONSUMER PRODUCTS. SEC. 2. TAMPERING WITH CONSUMER PRODUCTS. Section 1365 of title 18, United States Code, Section 1365 of title 18, United States Code, is laid upon the table, with no inter- is amended— amended— vening action or debate and that any (1) by redesignating subsections (f) and (g) (1) by redesignating subsections (f) and (g) as statements relating to this matter be as subsections (g) and (h), respectively; and subsections (g) and (h), respectively; and printed in the RECORD. (2) by inserting after subsection (e) the fol- (2) by inserting after subsection (e) the fol- The PRESIDING OFFICER. Is there lowing: lowing: objection? ‘‘(f)(1) Whoever, without the consent of the ‘‘(f)(1) Whoever, without the consent of the Without objection, it is so ordered. manufacturer, retailer, or distributor, inten- manufacturer, retailer, or distributor, inten- The amendment (No. 4889) was agreed tionally tampers with a consumer product tionally tampers with a consumer product that that is sold in interstate or foreign com- is sold in interstate or foreign commerce by to, as follows: Strike all after the enacting clause and in- merce by knowingly placing or inserting any knowingly placing or inserting any writing in sert the following: writing in the consumer product, or in the the consumer product, or in the container for container for the consumer product, before the consumer product, before the sale of the SECTION 1. SHORT TITLE. the sale of the consumer product to any con- consumer product to any consumer shall be This Act may be cited as the ‘‘Product sumer shall be fined under this title, impris- fined under this title, imprisoned not more than Packaging Protection Act of 2002’’. oned not more than 1 year, or both. 3 years, or both. SEC. 2. TAMPERING WITH CONSUMER PRODUCTS. ‘‘(2) Notwithstanding the provisions of ‘‘(2) In this subsection, the term ‘writing’ Section 1365 of title 18, United States Code, paragraph (1), if any person commits a viola- means any form of representation or commu- is amended— tion of this subsection after a prior convic- nication, including handbills, notices, or adver- (1) by redesignating subsections (f) and (g) tion under this section becomes final, such tising, that contain letters, words, or pictorial as subsections (g) and (h), respectively; and person shall be fined under this title, impris- representations.’’. (2) by inserting after subsection (e) the fol- oned for not more than 3 years, or both. Mr. KOHL. Mr. President, today the lowing: ‘‘(3) In this subsection, the term ‘writing’ Senate will pass the Product Pack- ‘‘(f)(1) Whoever, without the consent of the means any form of representation or commu- aging Protection Act of 2002. This bill manufacturer, retailer, or distributor, inten- tionally tampers with a consumer product nication, including hand-bills, notices, or ad- will help prevent and punish a dis- vertising, that contain letters, words, or pic- that is sold in interstate or foreign com- torial representations.’’. turbing trend of product tampering— merce by knowingly placing or inserting any The bill (H.R. 2621), as amended, was the placement of hate-filled literature writing in the consumer product, or in the passed. into the boxes of cereal or food that container for the consumer product, before millions of Americans bring home from the sale of the consumer product to any con- f the grocery store every day. I am sumer shall be fined under this title, impris- PRODUCT PACKAGING pleased to have worked on this legisla- oned not more than 1 year, or both. ‘‘(2) Notwithstanding the provisions of PROTECTION ACT OF 2001 tion with Senators HATCH, LEAHY, paragraph (1), if any person commits a viola- Mr. REID. Mr. President, I ask unan- DEWINE, and DURBIN, as well as Chair- tion of this subsection after a prior convic- imous consent that the Senate now man SENSENBRENNER, Congressman tion under this section becomes final, such proceed to the consideration of Cal- SCOTT, Congresswoman BALDWIN, and person shall be fined under this title, impris- endar No. 152, S. 1233. Congresswoman HART. oned for not more than 3 years, or both. The PRESIDING OFFICER. The Too many Americans have recently ‘‘(3) In this subsection, the term ‘writing’ clerk will report the bill by title. opened groceries and found offensive, means any form of representation or commu- The legislative clerk read as follows: racist, anti-Semitic, pornographic and nication, including hand-bills, notices, or ad- vertising, that contain letters, words, or pic- A bill (S. 1233) to provide penalties for cer- hateful leaflets. In the last few years, torial representations.’’. tain unauthorized writing with respect to food manufacturers have received nu- consumer products. The committee amendment, in the merous complaints from consumers nature of a substitute, as amended, was There being no objection, the Senate who report finding such literature. agreed to. proceeded to the consideration of the Hundreds more incidents have likely The bill (S. 1233), as amended, was bill which had been reported from the gone unreported. This behavior is out- read the third time and passed. Committee on the Judiciary, with an right shameful. amendment to strike all after the en- Unfortunately, when consumers or f acting clause and inserting in lieu companies turn to the authorities, PEACE CORPS CHARTER FOR THE thereof the following: they cannot be helped. According to 21ST CENTURY ACT [Strike the part shown in black the FBI and the Food and Drug Admin- Mr. REID. Mr. President, I ask unan- brackets and insert the part shown in istration’s Office of Criminal Investiga- imous consent that the Senate proceed italic.] tion, these actions are not covered by to the consideration of Calendar No. øSECTION 1. SHORT TITLE. federal product tampering statutes. A ø 700, S. 2667. This Act may be cited as the ‘‘Product loophole in Federal anti-tampering law Packaging Protection Act of 2001’’. The PRESIDING OFFICER. The allows it to go unpunished. And only a øSEC. 2. TAMPERING WITH CONSUMER PROD- clerk will report the bill by title. UCTS. couple of state laws are in place. So, The legislative clerk read as follows: øSection 1365 of title 18, United States the Product Packaging Protection Act A bill (S. 2667) to amend the Peace Corps Code, is amended— of 2002 will close this loophole in Fed- Act to promote global acceptance of the

VerDate Mar 15 2010 20:38 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00112 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16OC2.REC S16OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 16, 2002 CONGRESSIONAL RECORD — SENATE S10595 principles of international peace and non- ø(14) It would be extremely useful for the hanced by colocating volunteers with inter- violent coexistence among peoples of diverse Peace Corps to establish an office of stra- national or local nongovernmental organiza- cultures and systems of government, and for tegic planning to evaluate existing programs tions, or with the placement of multiple vol- other purposes. and undertake long-term planning in order unteers in one location.’’. There being no objection, the Senate to facilitate the orderly expansion of the ø(c) REPORT ON STUDENT LOAN FORGIVE- Peace Corps from its current size to the stat- proceeded to the consideration of the NESS PROGRAMS.—Not later than 30 days ed objective of 15,000 volunteers in the field after the date of enactment of this Act, the bill, which had been reported from the by the end of fiscal year 2007. Director of the Peace Corps shall submit to Committee on Foreign Relations, with ø(15) The Peace Corps would benefit from the Committee on Foreign Relations of the an amendment to strike all after the the advice and council of a streamlined bi- Senate and the Committee on International enacting clause and inserting in lieu partisan National Peace Corps Advisory Relations of the House of Representatives a thereof the following: Council composed of distinguished returned report— [Strike the part shown in black Peace Corps volunteers. ø(1) describing the student loan forgiveness brackets and insert the part shown in øSEC. 3. DEFINITIONS. programs currently available to Peace Corps ø italic] In this Act: volunteers upon completion of their service; ø(1) APPROPRIATE CONGRESSIONAL COMMIT- and øSECTION 1. SHORT TITLE. TEES.—The term ‘‘appropriate congressional ø(2) comparing such programs with other øThis Act may be cited as the ‘‘Peace committees’’ means the Committee on For- Government-sponsored student loan forgive- Corps Charter for the 21st Century Act’’. eign Relations of the Senate and the Com- ness programs. øSEC. 2. FINDINGS. mittee on International Relations of the øSEC. 6. SPECIAL VOLUNTEER RECRUITMENT øCongress makes the following findings: House of Representatives. AND PLACEMENT FOR COUNTRIES ø(1) The Peace Corps was established in ø(2) DIRECTOR.—The term ‘‘Director’’ WHOSE GOVERNMENTS ARE SEEK- 1961 to promote world peace and friendship means the Director of the Peace Corps. ING TO FOSTER GREATER UNDER- STANDING BY AND ABOUT THEIR through the service of American volunteers ø(3) PEACE CORPS VOLUNTEER.—The term CITIZENS. abroad. ‘‘Peace Corps volunteer’’ means a volunteer ø(a) REPORT.—Not later than 60 days after ø(2) The three goals codified in the Peace or a volunteer leader under the Peace Corps the date of enactment of this Act, the Direc- Corps Act which have guided the Peace Corps Act. tor shall submit a report to the appropriate and its volunteers over the years, can work ø(4) RETURNED PEACE CORPS VOLUNTEER.— congressional committees describing the ini- in concert to promote global acceptance of The term ‘‘returned Peace Corps volunteer’’ tiatives that the Peace Corps intends to pur- the principles of international peace and means a person who has been certified by the sue in order to solicit requests from eligible nonviolent coexistence among peoples of di- Director as having served satisfactorily as a countries where the presence of Peace Corps verse cultures and systems of government. Peace Corps volunteer. volunteers would facilitate a greater under- ø(3) The Peace Corps has operated in 135 øSEC. 4. RESTATEMENT OF INDEPENDENCE OF standing that there exists a universe of com- countries with 165,000 Peace Corps volunteers THE PEACE CORPS. monly shared human values and aspirations since its establishment. ø(a) IN GENERAL.—Section 2A of the Peace and would dispel unfounded fears and sus- ø(4) The Peace Corps has sought to fulfill Corps Act (22 U.S.C. 2501–1) is amended by picion among peoples of diverse cultures and three goals, as follows: to help people in de- adding at the end the following new sen- systems of government, including peoples veloping nations meet basic needs, to pro- tence: ‘‘As an independent agency, all re- from countries with substantial Muslim pop- mote understanding of America’s values and cruiting of volunteers shall be undertaken ulations. Such report shall include— ideals abroad, and to promote an under- solely by the Peace Corps.’’. ø(1) a description of the recruitment strat- standing of other peoples by Americans. ø(b) DETAILS AND ASSIGNMENTS.—Section egies to be employed by the Peace Corps to ø(5) After more than 40 years of operation, 5(g) of the Peace Corps Act (22 U.S.C. 2504(g)) recruit and train volunteers with the appro- the Peace Corps remains the world’s premier is amended by inserting after ‘‘Provided, priate language skills and interest in serving international service organization dedicated That’’ the following: ‘‘such detail or assign- in such countries; and to promoting grassroots development. ment does not contradict the standing of ø(2) a list of the countries that the Direc- ø(6) The Peace Corps remains committed to Peace Corps volunteers as being independent tor has determined should be priorities for sending well trained and well supported from foreign policy-making and intelligence special recruitment and placement of Peace Peace Corps volunteers overseas to promote collection: Provided further, That’’. Corps volunteers. world peace, friendship, and grassroots devel- øSEC. 5. REPORTS TO CONGRESS. ø(b) USE OF RETURNED PEACE CORPS VOLUN- opment. ø(a) CONSULTATIONS AND REPORTS CON- TEERS.—Notwithstanding any other provi- ø(7) The Peace Corps is an independent CERNING NEW INITIATIVES.—Section 11 of the sion of law, the Director is authorized and agency, and therefore no Peace Corps per- Peace Corps Act (22 U.S.C. 2510) is amended— strongly urged to utilize the services of re- sonnel or volunteers should have any rela- ø(1) by inserting ‘‘(a) ANNUAL REPORTS.—’’ turned Peace Corps volunteers having lan- tionship with any United States intelligence immediately before ‘‘The President shall guage and cultural expertise, including those agency or be used to accomplish any other transmit’’; and returned Peace Corps volunteers who may goal than the goals established by the Peace ø(2) by adding at the end thereof the fol- have served previously in countries with sub- Corps Act. lowing: stantial Muslim populations, in order to ø(8) The Crisis Corps has been an effective ø‘‘(b) CONSULTATIONS AND REPORTS ON NEW open or reopen Peace Corps programs in such tool in harnessing the skills and talents for INITIATIVES.—Thirty days prior to imple- countries. returned Peace Corps volunteers and should menting any new initiative, the Director ø be expanded to utilize to the maximum ex- shall consult with the Peace Corps National (c) ALLOCATION OF FUNDS.—In addition to tent the pool of talent from the returned Advisory Council established in section 12 amounts authorized to be appropriated to Peace Corps volunteer community. and shall submit to the Committee on For- the Peace Corps by section 11 for the fiscal ø(9) The Peace Corps is currently operating eign Relations of the Senate and the Com- years 2003, 2004, 2005, and 2006, there is au- with an annual budget of $275,000,000 in 70 mittee on International Relations of the thorized to be appropriated for the Peace countries with 7,000 Peace Corps volunteers. House of Representatives a report describing Corps $5,000,000 each such fiscal year solely ø(10) There is deep misunderstanding and the objectives that such initiative is in- for the recruitment, training, and placement misinformation about American values and tended to fulfill, an estimate of any costs of Peace Corps volunteers in countries whose ideals in many parts of the world, particu- that may be incurred as a result of the ini- governments are seeking to foster greater larly those with substantial Muslim popu- tiative, and an estimate of any impact on ex- understanding by and about their citizens. lations, and a greater Peace Corps presence isting programs, including the impact on the øSEC. 7. GLOBAL INFECTIOUS DISEASES INITIA- in such places could foster greater under- safety of volunteers under this Act’’. TIVE. standing and tolerance of those countries. ø(b) COUNTRY SECURITY REPORTS.—Section ø(a) IN GENERAL.—The Director, in co- ø(11) Congress has declared that the Peace 11 of the Peace Corps Act (22 U.S.C. 2510), as operation with the Centers for Disease Con- Corps should be expanded to sponsor a min- amended by subsection (a), is further amend- trol and Prevention, the National Institutes imum of 10,000 Peace Corps volunteers. ed by adding at the end the following: of Health, the World Health Organization ø(12) President George W. Bush has called ø‘‘(c) COUNTRY SECURITY REPORTS.—The Di- and the Pan American Health Organization, for the doubling of the number of Peace rector of the Peace Corps shall submit to the local public health officials, shall develop a Corps volunteers in service in a fiscal year to Committee on Foreign Relations of the Sen- program of training for all Peace Corps vol- 15,000 volunteers in service by the end of fis- ate and the Committee on International Re- unteers in the areas of education, preven- cal year 2007. lations of the House of Representatives a re- tion, and treatment of infectious diseases in ø(13) Any expansion of the Peace Corps port annually on the status of security pro- order to ensure that all Peace Corps volun- shall not jeopardize the quality of the Peace cedures in any country in which the Peace teers make a contribution to the global cam- Corps volunteer experience, and therefore Corps operates programs or is considering paign against such diseases. can only be accomplished by an appropriate doing so. Each report shall include rec- ø(b) DEFINITIONS.—In this section: increase in field and headquarters support ommendations when appropriate as to ø(1) AIDS.—The term ‘‘AIDS’’ means the staff. whether security conditions would be en- acquired immune deficiency syndrome.

VerDate Mar 15 2010 20:38 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00113 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16OC2.REC S16OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10596 CONGRESSIONAL RECORD — SENATE October 16, 2002 ø(2) HIV.—The term ‘‘HIV’’ means the Columbia for the purpose of serving as incu- Act (22 U.S.C. 2502(c)) is amended by adding human immunodeficiency virus, the patho- bators for returned Peace Corps volunteers the following new subsection at the end gen that causes AIDS. seeking to use their knowledge and expertise thereof: ø(3) HIV/AIDS.—The term ‘‘HIV/AIDS’’ to undertake community-based projects to ø‘‘(d) In addition to the amounts author- means, with respect to an individual, an in- carry out the goals of the Peace Corps Act. ized to be appropriated in this section, there dividual who is infected with HIV or living ø(2) ELIGIBILITY FOR GRANTS.—To be eligi- are authorized to be appropriated such addi- with AIDS. ble to compete for grants under this section, tional sums as may be necessary to achieve ø(4) INFECTIOUS DISEASES.—The term ‘‘in- a nonprofit corporation must have a board of a volunteer corps of 15,000 as soon as prac- fectious diseases’’ means HIV/AIDS, tuber- directors composed of returned Peace Corps ticable taking into account the security of culosis, and malaria. volunteers with a background in community volunteers and the effectiveness of country øSEC. 8. PEACE CORPS ADVISORY COUNCIL. service, education, or health. The director of programs.’’.¿ øSection 12 of the Peace Corps Act (22 the corporation (who may also be a board SECTION 1. SHORT TITLE. U.S.C. 2511; relating to the Peace Corps Na- member of the nonprofit corporation) shall This Act may be cited as the ‘‘Peace Corps tional Advisory Council) is amended— also be a returned Peace Corps volunteer Charter for the 21st Century Act’’. ø(1) by amending subsection (b)(2)(D) to with demonstrated management expertise in SEC. 2. FINDINGS. operating a nonprofit corporation. The stat- read as follows: Congress makes the following findings: ø‘‘(D) make recommendations for utilizing ed purpose of the nonprofit corporation shall (1) The Peace Corps was established in 1961 to the expertise of returned Peace Corps volun- be to act solely as an intermediary between promote world peace and friendship through the teers in fulfilling the goals of the Peace the Corporation for National and Commu- service of American volunteers abroad. Corps.’’; nity Service and individual returned Peace (2) The three goals codified in the Peace Corps ø(2) in subsection (c)— Corps volunteers seeking funding for projects Act which have guided the Peace Corps and its ø(A) by striking paragraph (1); consistent with the goals of the Peace Corps. volunteers over the years, can work in concert ø(B) by redesignating paragraphs (2) and (3) The nonprofit corporation may act as the ac- to promote global acceptance of the principles of as paragraphs (1) and (2), respectively; countant for individual volunteers for pur- international peace and nonviolent coexistence ø(C) in paragraph (1) (as so redesignated)— poses of tax filing and audit responsibilities. among peoples of diverse cultures and systems of ø(c) GRANT REQUIREMENTS.—Such grants ø(i) in subparagraph (A)— government. shall be made pursuant to a grant agreement ø(I) by striking ‘‘fifteen’’ and inserting (3) The Peace Corps has operated in 135 coun- between the Director and the nonprofit cor- ‘‘seven’’; tries with 165,000 Peace Corps volunteers since poration that requires that— ø(II) by striking the second sentence and its establishment. ø(1) grant funds will only be used to sup- inserting the following: ‘‘All of the members (4) The Peace Corps has sought to fulfill three port programs and projects described in sub- shall be former Peace Corps volunteers, and goals, as follows: to help people in developing section (a) pursuant to proposals submitted not more than four shall be members of the nations meet basic needs, to promote under- by returned Peace Corps volunteers (either same political party.’’; standing of America’s values and ideals abroad, individually or cooperatively with other re- ø(ii) by amending subparagraph (D) to read and to promote an understanding of other peo- turned volunteers); as follows: ples by Americans. ø(2) the nonprofit corporation give consid- ø‘‘(D) The members of the Council shall be (5) After more than 40 years of operation, the eration to funding individual projects or pro- appointed to 2-year terms.’’; Peace Corps remains the world’s premier inter- grams by returned Peace Corps volunteers up ø(iii) by striking subparagraphs (B), (E), national service organization dedicated to pro- to $100,000; and (H); and moting grassroots development. ø(3) not more than 20 percent of funds ø(iv) by redesignating subparagraphs (C), (6) The Peace Corps remains committed to made available to the nonprofit corporation (D), (F), (G), and (I) as subparagraphs (B), sending well trained and well supported Peace will be used for the salaries, overhead, or (C), (D), (E), and (F), respectively; Corps volunteers overseas to promote peace, other administrative expenses of the non- ø(3) by amending subsection (g) to read as friendship, and international understanding. profit corporation; and follows: (7) The Peace Corps is an independent agen- ø(4) the nonprofit corporation will not re- ø‘‘(g) CHAIR.—The President shall des- cy, and therefore no Peace Corps personnel or ceive grant funds under this section for more ignate one of the voting members of the volunteers should be used to accomplish any than two years unless the corporation has Council as Chair, who shall serve in that ca- other goal than the goals established by the raised private funds, either in cash or in kind pacity for a period not to exceed two years.’’; Peace Corps Act. for up to 40 percent of its annual budget. ø(4) by amending subsection (h) to read as (8) The Crisis Corps has been an effective tool ø(d) FUNDING.—Of the funds available to follows: the Corporation for National and Commu- in harnessing the skills and talents for returned ø‘‘(h) MEETINGS.—The Council shall hold a nity Service for fiscal year 2003 or any fiscal Peace Corps volunteers and should be expanded regular meeting during each calendar quar- year thereafter, not to exceed $10,000,000 to utilize to the maximum extent the talent pool ter at a date and time to be determined by shall be available for each such fiscal year to of returned Peace Corps volunteers. the Chair of the Council.’’; and carry out the grant program established (9) The Peace Corps is currently operating ø(5) by amending subsection (i) to read as under this section. with an annual budget of $275,000,000 in 70 follows: ø(e) STATUS OF THE FUND.—Nothing in this countries with 7,000 Peace Corps volunteers. ø ‘‘(i) REPORT.—Not later than July 30, 2003, section shall be construed to make any non- (10) There is deep misunderstanding and mis- and annually thereafter, the Council shall profit corporation supported under this sec- information about American values and ideals submit a report to the President and the Di- tion an agency or establishment of the in many parts of the world, particularly those rector of the Peace Corps describing how the United States Government or to make the with substantial Muslim populations, and a Council has carried out its functions under members of the board of directors or any of- greater Peace Corps presence in such places subsection (b)(2).’’. ficer or employee of such corporation an offi- could foster greater understanding and toler- øSEC. 9. READJUSTMENT ALLOWANCES. cer or employee of the United States. ance. øThe Peace Corps Act is amended— ø(f) FACTORS IN AWARDING GRANTS.—In de- (11) Congress has declared that the Peace ø(1) in section 5(c) (22 U.S.C. 2504(c)), by termining the number of private nonprofit Corps should be expanded to sponsor a minimum striking ‘‘$125’’ and inserting ‘‘$275’’; and corporations to award grants to in any fiscal of 10,000 Peace Corps volunteers. ø(2) in section 6(1) (22 U.S.C. 2505(1)), by years, the Director should balance the num- (12) President George W. Bush has called for striking ‘‘$125’’ and inserting ‘‘$275’’. ber of organizations against the overhead the doubling of the number of Peace Corps vol- øSEC. 10. PROGRAMS AND PROJECTS OF RE- costs that divert resources from project unteers in service. TURNED PEACE CORPS VOLUN- funding. (13) Any expansion of the Peace Corps shall TEERS TO PROMOTE THE GOALS OF ø(g) CONGRESSIONAL OVERSIGHT.—Grant re- not jeopardize the quality of the Peace Corps THE PEACE CORPS. cipients under this section shall be subject volunteer experience, and therefore can only be ø(a) PURPOSE.—The purpose of this section to the appropriate oversight procedures of accomplished by an appropriate increase in field is to provide support for returned Peace Congress. and headquarters support staff. Corps volunteers to develop programs and øSEC. 11. AUTHORIZATION OF APPROPRIATIONS. (14) In order to ensure that proposed expan- projects to promote the objectives of the ø(a) IN GENERAL.—Section 3(b)(1) of the sion of the Peace Corps preserves the integrity Peace Corps, as set forth in section 2 of the Peace Corps Act (22 U.S.C. 2502(b)(1)) is of the program and the security of volunteers, Peace Corps Act. amended— the integrated Planning and Budget System ø(b) GRANTS TO CERTAIN NONPROFIT COR- ø(1) by striking ‘‘2002, and’’ and inserting supported by the Office of Planning and Policy PORATIONS.— ‘‘2002,’’; and Analysis should continue its focus on strategic ø(1) GRANT AUTHORITY.—To carry out the ø(2) by inserting before the period the fol- planning. purpose of this section, and subject to the lowing: ‘‘, $465,000,000 for fiscal year 2004, (15) A streamlined, bipartisan National Peace availability of appropriations, the Director $500,000,000 for fiscal year 2005, $560,000,000 for Corps Advisory Council composed of distin- of the Corporation for National and Commu- fiscal year 2006, and $560,000,000 for fiscal guished returned Peace Corps volunteers and nity Service shall award grants on a com- year 2007’’. other individuals, with diverse backgrounds and petitive basis to private nonprofit corpora- ø(b) INCREASE IN PEACE CORPS VOLUNTEER expertise, can be a source of ideas and sugges- tions that are established in the District of STRENGTH.—Section 3(c) of the Peace Corps tions that may be useful to the Director of the

VerDate Mar 15 2010 20:38 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00114 Fmt 4624 Sfmt 6333 E:\2002SENATE\S16OC2.REC S16OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 16, 2002 CONGRESSIONAL RECORD — SENATE S10597 Peace Corps as he discharges his duties and re- ‘‘(B) with the placement of multiple volun- SEC. 8. PEACE CORPS ADVISORY COUNCIL. sponsibilities as head of the agency. teers in one location. Section 12 of the Peace Corps Act (22 U.S.C. SEC. 3. DEFINITIONS. ‘‘(b) CONSULTATIONS ON NEW INITIATIVES.— 2511; relating to the Peace Corps National Advi- In this Act: The Director of the Peace Corps should consult sory Council) is amended— (1) APPROPRIATE CONGRESSIONAL COMMIT- with the appropriate congressional committees (1) by amending subsection (b)(2)(D) to read TEES.—The term ‘‘appropriate congressional with respect to any major new initiatives not as follows: committees’’ means the Committee on Foreign previously discussed in the latest annual report ‘‘(D) make recommendations for utilizing the Relations of the Senate and the Committee on submitted to Congress under subsection (a) or in expertise of returned Peace Corps volunteers in International Relations of the House of Rep- budget presentations. Wherever possible, such fulfilling the goals of the Peace Corps.’’; consultations should take place prior to the ini- (2) in subsection (c)— resentatives. (A) in paragraph (2)(A)— (2) DIRECTOR.—The term ‘‘Director’’ means tiation of such initiatives, but in any event as (i) in the first sentence, by striking ‘‘fifteen’’ the Director of the Peace Corps. soon as practicable thereafter.’’. and inserting ‘‘seven’’; and (3) PEACE CORPS VOLUNTEER.—The term (b) ONE TIME REPORT ON STUDENT LOAN FOR- (ii) by striking the second sentence and insert- ‘‘Peace Corps volunteer’’ means a volunteer or a GIVENESS PROGRAMS.—Not later than 30 days ing the following: ‘‘Four of the members shall be volunteer leader under the Peace Corps Act. after the date of enactment of this Act, the Di- former Peace Corps volunteers, at least one of (4) RETURNED PEACE CORPS VOLUNTEER.—The rector shall submit to the appropriate congres- whom shall have been a former staff member term ‘‘returned Peace Corps volunteer’’ means a sional committees a report— abroad or in the Washington headquarters, and person who has been certified by the Director as (1) describing the student loan forgiveness not more than four shall be members of the same having served satisfactorily as a Peace Corps programs currently available to Peace Corps vol- political party.’’; volunteer. unteers upon completion of their service; and (B) by amending subparagraph (D) to read as SEC. 4. RESTATEMENT OF INDEPENDENCE OF (2) comparing such programs with other Gov- follows: THE PEACE CORPS. ernment-sponsored student loan forgiveness pro- ‘‘(D) The members of the Council shall be ap- (a) IN GENERAL.—Section 2A of the Peace grams; and pointed to 2-year terms.’’; Corps Act (22 U.S.C. 2501–1) is amended by add- (3) recommending any additional student loan (C) by striking subparagraphs (B) and (H); ing at the end the following new sentence: ‘‘As forgiveness programs which could attract more and an independent agency, all recruiting of volun- applicants from more low and middle income ap- (D) by redesignating subparagraphs (C), (D), teers shall be undertaken primarily by the Peace plicants facing high student loan obligations. (E), (F), (G), and (I) as subparagraphs (B), (C), Corps.’’. SEC. 6. SPECIAL VOLUNTEER RECRUITMENT AND (D), (E), (F), and (G), respectively; (b) DETAILS AND ASSIGNMENTS.—Section 5(g) PLACEMENT FOR COUNTRIES WHOSE (3) by amending subsection (g) to read as fol- of the Peace Corps Act (22 U.S.C. 2504(g)) is GOVERNMENTS ARE SEEKING TO lows: amended by inserting after ‘‘Provided, That’’ FOSTER GREATER UNDERSTANDING ‘‘(g) CHAIR.—The President shall designate the following: ‘‘such detail or assignment does BETWEEN THEIR CITIZENS AND THE one of the voting members of the Council as UNITED STATES. not contradict the standing of Peace Corps vol- Chair, who shall serve in that capacity for a pe- (a) REPORT.—Not later than 60 days after the unteers as being independent: Provided further, riod not to exceed two years.’’; date of enactment of this Act, the Director shall That’’. (4) by amending subsection (h) to read as fol- submit a report to the appropriate congressional SEC. 5. REPORTS AND CONSULTATIONS. lows: committees describing the initiatives that the ‘‘(h) MEETINGS.—The Council shall hold a (a) ANNUAL REPORTS; CONSULTATIONS ON NEW Peace Corps intends to pursue with eligible regular meeting during each calendar quarter at INITIATIVES.—Section 11 of the Peace Corps Act countries where the presence of Peace Corps vol- a date and time to be determined by the Chair (22 U.S.C. 2510) is amended by striking the sec- unteers would facilitate a greater understanding of the Council.’’; and tion heading and the text of section 11 and in- that there exists a universe of commonly shared (5) by amending subsection (i) to read as fol- serting the following: human values and aspirations. Such report lows: ‘‘SEC. 11. ANNUAL REPORTS; CONSULTATIONS ON shall include— ‘‘(i) REPORT.—Not later than July 30, 2003, NEW INITIATIVES. (1) a description of the recruitment strategies and annually thereafter, the Council shall sub- ‘‘(a) ANNUAL REPORTS.—The Director shall to be employed by the Peace Corps to recruit mit a report to the President and the Director of transmit to Congress, at least once in each fiscal and train volunteers with the appropriate lan- the Peace Corps describing how the Council has year, a report on operations under this Act. guage skills and interest in serving in such carried out its functions under subsection Each report shall contain information— countries; and (b)(2).’’. ‘‘(1) describing efforts undertaken to improve (2) a list of the countries that the Director has SEC. 9. READJUSTMENT ALLOWANCES. coordination of activities of the Peace Corps determined should be priorities for special re- The Peace Corps Act is amended— with activities of international voluntary service cruitment and placement of Peace Corps volun- (1) in section 5(c) (22 U.S.C. 2504(c)), by strik- organizations, such as the United Nations vol- teers. ing ‘‘$125’’ and inserting ‘‘$275’’; and unteer program, and of host country voluntary (b) USE OF RETURNED PEACE CORPS VOLUN- (2) in section 6(1) (22 U.S.C. 2505(1)), by strik- service organizations, including— TEERS.—Notwithstanding any other provision of ing ‘‘$125’’ and inserting ‘‘$275’’. ‘‘(A) a description of the purpose and scope of law, the Director is authorized and strongly SEC. 10. PROGRAMS AND PROJECTS OF RE- any development project which the Peace Corps urged to utilize the services of returned Peace TURNED PEACE CORPS VOLUNTEERS undertook during the preceding fiscal year as a Corps volunteers having language and cultural TO PROMOTE THE GOALS OF THE joint venture with any such international or PEACE CORPS. expertise, including those returned Peace Corps host country voluntary service organizations; (a) PURPOSE.—The purpose of this section is volunteers who may have served previously in and to provide support for returned Peace Corps vol- countries with substantial Muslim populations, ‘‘(B) recommendations for improving coordi- unteers to develop and carry out programs and in order to open or reopen Peace Corps programs nation of development projects between the projects to promote the third purpose of the in such countries. Peace Corps and any such international or host Peace Corps Act, as set forth in section 2(a) of country voluntary service organizations; SEC. 7. GLOBAL INFECTIOUS DISEASES INITIA- that Act (22 U.S.C. 2501(a)), by promoting a bet- ‘‘(2) describing— TIVE. ter understanding of other peoples on the part ‘‘(A) any major new initiatives that the Peace (a) IN GENERAL.—The Director, in cooperation of the American people. Corps has under review for the upcoming fiscal with international public health experts such as (b) GRANTS TO CERTAIN NONPROFIT CORPORA- year, and any major initiatives that were under- the Centers for Disease Control and Prevention, TIONS.— taken in the previous fiscal year that were not the National Institutes of Health, the World (1) GRANT AUTHORITY.—To carry out the pur- included in prior reports to the Congress; Health Organization, the Pan American Health pose of this section, and subject to the avail- ‘‘(B) the rationale for undertaking such new Organization, and local public health officials ability of appropriations, the Chief Executive initiatives; shall develop a program of training for all Peace Officer of the Corporation for National and ‘‘(C) an estimate of the cost of such initia- Corps volunteers in the areas of education, pre- Community Service (referred to in this section as tives; and vention, and treatment of infectious diseases in the ‘‘Corporation’’) shall award grants on a ‘‘(D) the impact on the safety of volunteers; order to ensure that all Peace Corps volunteers competitive basis to private nonprofit corpora- ‘‘(3) describing in detail the Peace Corp’s make a contribution to the global campaign tions for the purpose of enabling returned Peace plans for doubling the number of volunteers against such diseases. Corps volunteers to use their knowledge and ex- from 2002 levels, including a five-year budget (b) DEFINITIONS.—In this section: pertise to develop and carry out the programs plan for reaching that goal; and (1) AIDS.—The term ‘‘AIDS’’ means the ac- and projects described in subsection (a). ‘‘(4) describing standard security procedures quired immune deficiency syndrome. (2) PROGRAMS AND PROJECTS.—Such programs for any country in which the Peace Corps oper- (2) HIV.—The term ‘‘HIV’’ means the human and projects may include— ates programs or is considering doing so, as well immunodeficiency virus, the pathogen that (A) educational programs designed to enrich as any special security procedures contemplated causes AIDS. the knowledge and interest of elementary school because of changed circumstances in specific (3) HIV/AIDS.—The term ‘‘HIV/AIDS’’ means, and secondary school students in the geography countries, and assessing whether security condi- with respect to an individual, an individual who and cultures of other countries where the volun- tions would be enhanced— is infected with HIV or living with AIDS. teers have served; ‘‘(A) by colocating volunteers with inter- (4) INFECTIOUS DISEASES.—The term ‘‘infec- (B) projects that involve partnerships with national or local nongovernmental organiza- tious diseases’’ means HIV/AIDS, tuberculosis, local libraries to enhance community knowledge tions; or and malaria. about other peoples and countries; and

VerDate Mar 15 2010 20:38 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00115 Fmt 4624 Sfmt 6333 E:\2002SENATE\S16OC2.REC S16OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10598 CONGRESSIONAL RECORD — SENATE October 16, 2002 (C) audio-visual projects that utilize materials $500,000,000 for fiscal year 2005, $560,000,000 for counterparts in the House of Rep- collected by the volunteers during their service fiscal year 2006, and $560,000,000 for fiscal year resentatives, the Congress, and the that would be of educational value to commu- 2007’’. United States. nities. Mr. REID. Mr. President, I note that The plaintiff in this case, Mr. Mi- (3) ELIGIBILITY FOR GRANTS.—To be eligible to ODD chael Newdow, is the individual chal- compete for grants under this section, a non- Senator D is the sponsor of this leg- profit corporation shall have a board of direc- islation. He was in the Peace Corps, so lenging the constitutionality of the tors composed of returned Peace Corps volun- it is totally appropriate that this mat- Pledge of Allegiance in California. Mr. teers with a background in community service, ter would be sponsored by him as the Newdow alleges in this action that the education, or health. The nonprofit corporation lead sponsor. disbursement of public funds to the of- shall meet all appropriate Corporation manage- I ask unanimous consent that the fices of the congressional chaplains ment requirements, as determined by the Cor- committee substitute amendment be violates the First and Fifth Amend- poration. agreed to, the bill, as amended, be read ments to the Constitution, and Article (c) GRANT REQUIREMENTS.—Such grants shall a third time and passed, and that the VI. be made pursuant to a grant agreement between Both the United States Supreme the Corporation and the nonprofit corporation motion to reconsider be laid upon the that requires that— table, with no intervening action or de- Court and the United States Court of (1) the grant funds will only be used to sup- bate, and that any statements to this Appeals for the District of Columbia port programs and projects described in sub- matter be printed in the RECORD. Circuit have already established the section (a) pursuant to proposals submitted by The PRESIDING OFFICER. Is there constitutionality of the congressional returned Peace Corps volunteers (either individ- objection? chaplaincies, which date from 1789. In ually or cooperatively with other returned vol- Without objection, it is so ordered. the landmark Supreme Court decision unteers); The committee amendment, in the Marsh v. Chambers, 463 U.S. 783 (1983), (2) the nonprofit corporation will give consid- the Supreme Court unequivocally re- eration to funding individual programs or nature of a substitute, was agreed to. projects by returned Peace Corps volunteers, in The bill (S. 2667), as amended, was jected a challenge to the constitu- amounts of not more than $100,000, under this read the third time and passed. tionality of Nebraska’s legislative section; chaplain. It stated that given the ‘‘un- (3) not more than 20 percent of the grant f ambiguous and unbroken history’’ of funds made available to the nonprofit corpora- ESTABLISHING NEW NON- legislative chaplains, the ‘‘practice of tion will be used for the salaries, overhead, or IMMIGRANT CLASSES FOR BOR- opening legislative sessions with pray- other administrative expenses of the nonprofit DER COMMUTER STUDENTS er has become part of the fabric of our corporation; society’’ and is not ‘‘an ‘establishment’ (4) the nonprofit corporation will not receive Mr. REID. Mr. President, I ask unan- grant funds for programs or projects under this of religion or a step toward establish- imous consent that the Senate proceed ment; it is simply a tolerable acknowl- section for a third or subsequent year unless the to the consideration of H.R. 4967, which nonprofit corporation makes available, to carry edgement of beliefs widely held among out the programs or projects during that year, is at the desk. the people of this country.’’ Id. at 792. non-Federal contributions— The PRESIDING OFFICER. The Several months later, the United (A) in an amount not less than $2 for every $3 clerk will report the bill by title. States Court of Appeals for the District of Federal funds provided through the grant; The legislative clerk read as follows: of Columbia Circuit, sitting en banc, and A bill (H.R. 4967) to establish new non- (B) provided directly or through donations dismissed a constitutional challenge to immigrant classes for border commuter stu- the Congressional chaplains. Murray v. from private entities, in cash or in kind, fairly dents. evaluated, including plant, equipment, or serv- Buchanan, 720 F.2d 689 (D.C. Cir. 1983) ices; and There being no objection, the Senate (en banc). It stated that the Supreme (5) the nonprofit corporation shall manage, proceeded to the consideration of the Court ‘‘answered the question pre- monitor, and submit reports to the Corporation bill. sented in Marsh with unmistakable on each program or project for which the non- Mr. REID. Mr. President, I ask unan- clarity: The ‘practice of opening each profit corporation receives a grant under this imous consent that the bill be read a legislative day with a prayer by chap- section. third time and passed, the motion to lain paid by the State [does not] (d) STATUS OF THE FUND.—Nothing in this reconsider be laid upon the table, and section shall be construed to make any non- violate[] the Establishment Clause of profit corporation supported under this section that any statements relating to this the First Amendment.’ ’’ Id. at 690 an agency or establishment of the Federal Gov- matter be printed in the RECORD. (quoting Marsh, 463 U.S. at 784). ernment or to make the members of the board of The PRESIDING OFFICER. Is there This resolution authorizes the Senate directors or any officer or employee of such non- objection? legal counsel to represent Secretary profit corporation an officer or employee of the Without objection, it is so ordered. Thompson and Mr. Wineman to seek United States. The bill (H.R. 4967) was read the third dismissal of this action. (e) FACTORS IN AWARDING GRANTS.—In deter- time and passed. Mr. REID. Mr. President, I ask unan- mining the number of nonprofit corporations to receive grants under this section for any fiscal f imous consent the resolution and the year, the Corporation— preamble be agreed to, the motion to (1) shall take into consideration the need to AUTHORIZING REPRESENTATION reconsider be laid upon the table, and minimize overhead costs that direct resources BY SENATE LEGAL COUNSEL that any statements in relation there- from the funding of programs and projects; and Mr. REID. Mr. President, I ask unan- to be printed in the RECORD. (2) shall seek to ensure a broad geographical imous consent the Senate proceed to The PRESIDING OFFICER. Without distribution of grants for programs and projects the consideration of S. Res. 343, sub- objection, it is so ordered. under this section. The resolution (S. Res. 343) was (f) CONGRESSIONAL OVERSIGHT.—Grant recipi- mitted earlier today by the two lead- ents under this section shall be subject to the ers. agreed to. appropriate oversight procedures of Congress. The PRESIDING OFFICER. The The preamble was agreed to. The resolution, with its preamble, (g) FUNDING.— clerk will report the resolution by reads as follows: (1) IN GENERAL.—There is authorized to be ap- title. propriated to carry out this section $10,000,000. S. RES. 343 The legislative clerk read as follows: Such sum shall be in addition to funds made Whereas, Secretary Jeri Thomson and Fi- available to the Corporation under Federal law A resolution (S. Res. 343) to authorize rep- nancial Clerk Timothy Wineman have been other than this section. resentation by the Senate Legal Counsel in named as defendants in the case of Newdow (2) AVAILABILITY.—Amounts appropriated Newdow v. Eagen, et al. v. Eagen, et al., Case No. 1:02CV01704, now pursuant to paragraph (1) are authorized to re- There being no objection, the Senate pending in the United States District Court main available until expended. proceeded to consider the resolution. for the District of Columbia; and SEC. 11. AUTHORIZATION OF APPROPRIATIONS. Mr. DASCHLE. Mr. President, this Whereas, pursuant to sections 703(a) and Section 3(b)(1) of the Peace Corps Act (22 resolution concerns a civil action com- 704(a)(1) of the Ethics in Government Act of U.S.C. 2502(b)(1)) is amended— 1978, 2 U.S.C. §§ 288b(a) and 288c(a)(1), the (1) by striking ‘‘2002, and’’ and inserting menced in the United States District Senate may direct its counsel to represent ‘‘2002,’’; and Court for the District of Columbia officers and employees of the Senate in civil (2) by inserting before the period the fol- against Secretary Jeri Thomson, Fi- actions with respect to their official respon- lowing: ‘‘, $465,000,000 for fiscal year 2004, nancial Clerk Timothy Wineman, their sibilities: Now, therefore, be it

VerDate Mar 15 2010 20:38 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00116 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16OC2.REC S16OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 16, 2002 CONGRESSIONAL RECORD — SENATE S10599 Resolved, That the Senate Legal Counsel is The resolution (S. Res. 344) was Mr. WYDEN. Mr. President, I would authorized to represent Secretary Thomson agreed to. like to say a few words about the Sen- and Mr. Wineman in the case of Newdow v. The preamble was agreed to. ate’s passage of the Cybersecurity Re- Eagen, et al. The resolution, with its preamble, search and Development Act. f reads as follows: Americans today live in an increas- AUTHORIZING REPRESENTATION S. RES. 344 ingly networked world. The spread of BY SENATE LEGAL COUNSEL Whereas, Senators Dianne Feinstein and the Internet creates lots of great new Mr. REID. Mr. President, I ask unan- Barbara Boxer have been named as defend- opportunities. But there is also a down- ants in the case of Manshardt v. Federal Judi- imous consent the Senate proceed to S. side: security risks. The Internet con- cial Qualifications Committee, et al., Case No. nects people not just to friends, poten- Res. 344. 02–4484 AHM, now pending in the United The PRESIDING OFFICER. The States District Court for the Central District tial customers, and useful sources of clerk will report the resolution by of California; and information, but also to would-be title. Whereas, pursuant to sections 703(a) and hackers, viruses, and cybercriminals. The legislative clerk read as follows: 704(a)(1) of the Ethics in Government Act of In July 2001, after I became chairman A resolution (S. Res. 344) to authorize rep- 1978, 2 U.S.C. §§ 288b(a) and 288c(a)(1), the of the Science and Technology Sub- resentation by the Senate Legal Counsel in Senate may direct its counsel to represent committee of the Senate Commerce Manshardt v. Federal Judicial Qualifications Members of the Senate in civil actions with Committee, I chose cybersecurity as Committee, et al. respect to their official responsibilities: Now, therefore, be it the topic for my first hearing. The There being no objection, the Senate Resolved, That the Senate Legal Counsel is message from that hearing was that proceeded to consider the resolution. authorized to represent Senators Dianne cybersecurity risks are mounting. And Mr. DASCHLE. Mr. President, an un- Feinstein and Barbara Boxer in the case of that was before the horrific attacks of successful applicant for U.S. Attorney Manshardt v. Federal Judicial Qualifications September 11 hammered home the in Los Angeles has commenced a civil Committee, et al. point that there are determined, orga- action in Federal court in California f nized enemies of this country who wish against Senator FEINSTEIN, Senator CYBER SECURITY RESEARCH AND to wreak as much havoc as they can. BOXER, a prominent Republican busi- DEVELOPMENT ACT The terrorists are looking for nessman and political leader in Cali- vulnerabilities, and they are not tech- fornia, and a judicial screening panel Mr. REID. Mr. President, I ask unan- nological simpletons. imous consent the Senate now proceed set up by these defendants, to chal- This legislation is essential to the to Calendar No. 549, S. 2182. lenge the use of this screening panel to Nation’s effort to address cybersecu- The PRESIDING OFFICER. The identify potential nominees for Federal rity threats. It is a necessary com- District Court judgeships in California. clerk will report the bill by title. The legislative clerk read as follows: plement to both the homeland security Specifically, the plaintiff alleges that legislation pending in Congress and to the use of informal screening panels to A bill (S. 2182) to authorize funding for the computer and network security research and the draft cybersecurity strategy re- develop lists of potential judicial nomi- leased on September 18 by the adminis- nees violates the Federal Advisory development and research fellowship pro- grams, and for other purposes. tration. Because reorganizing the Fed- Committee Act, the Government in the eral Government to deal more effec- Sunshine Act, and the separation of There being no objection, the Senate proceeded to consider the bill. tively with security threats is only powers. part of the battle. The same goes for The laws underlying this suite do not CHECKLIST PROVISION—CYBER SECURITY RESEARCH AND DEVELOPMENT ACT, HR 3394 many of the steps called for in the Ad- apply to the Senate, and the Speech or ministration’s cybersecurity strategy. Debate Clause bars suits against legis- Mr. HOLLINGS. I would like to en- In the long run, all Government and lators for the performance of their du- gage in a brief colloquy with the rank- private sector cybersecurity efforts de- ties under the Constitution. Thus, ing member of the Science, Tech- pend on people—trained experts with there is no legal basis for suing Sen- nology, and Space Subcommittee of the knowledge and skills to develop in- ators for their role in forming, appoint- the Commerce Committee, Senator novate solutions and respond cre- ing, or relying on judicial screening ALLEN, regarding the provisions of H.R. atively and proactively to evolving panels. 3394 that provide for the National Insti- Further, the use of informal judicial tute of Standards and Technology, threats. Without a strong core of cy- selection panels to identify potential NIST, to develop checklists for widely bersecurity experts, no amount of good judicial nominees as a part of the ad- used software products. intentions and no amount of Govern- vice and consent function has a long Mr. ALLEN. The committee, particu- ment reorganizing will be sufficient to and respected history. Also, the Su- larly Senators WYDEN and EDWARDS, keep this country one step ahead of preme Court’s holding in Public Citizen working with NIST and industry, have hackers and cyberterrorists. versus U.S. Department of Justice that reached agreement on this provision. Therefore, this legislation makes a the Federal Advisory Committee Act We recognize that there is no ‘‘one- strong commitment to support basic does not apply to the longstanding size-fits-all’’ configuration for any cybersecurity research, so that the practice of soliciting views on prospec- hardware or software systems. We have country’s pool of top-flight cybersecu- tive judicial nominees from an Amer- given NIST flexibility in choosing rity experts can keep pace with the ican Bar Association committee pro- which checklists to develop and up- evolving risks. Specifically, the bill au- vides ample support for the challenged date. We have not required any Federal thorizes $978 million over five years to practice. agency to use the specific settings and create new cybersecurity research and This resolution would authorize the options recommended by these check- development programs at the National Senate legal counsel to represent the lists. Science Foundation, NSF, and the Na- Senators sued in this action to protect Mr. HOLLINGS. The ranking member tional Institute of Standards and Tech- their role in the advice and consent is correct. Our intent with this provi- nology, NIST. The NSF program will process by which the President and the sion is not to develop separate check- provide funding for innovative re- Senate share responsibility for the ap- lists for every possible Federal configu- search, multidisciplinary academic pointment of Federal judges under the ration. Rather, the checklists would centers devoted to cybersecurity, and Constitution. provide agencies with recommenda- new courses and fellowships to educate Mr. REID. Mr. President, I ask unan- tions that will improve the quality and the cybersecurity experts of the future. imous consent the resolution and pre- security of the settings and options The NIST program likewise will sup- amble be agreed to, the motion to re- they select. The use of any checklist port cutting-edge cybersecurity re- consider be laid on the table, and that should, of course, be consistent with search, with a special emphasis on pro- any statements in relation thereto be guidance from the Office of Manage- moting cooperative efforts between printed in the RECORD. ment and Budget. government, industry, and academia. The PRESIDING OFFICER. Without Mr. ALLEN. I agree with the chair- All of these programs will support objection, it is so ordered. man. advanced cybersecurity research at a

VerDate Mar 15 2010 20:38 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00117 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16OC2.REC S16OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10600 CONGRESSIONAL RECORD — SENATE October 16, 2002 basic, non-applied level, some of which eral examples of broad research areas, A recent public opinion survey indi- may not pay off for a number of years. without naming specific technologies. cates that over 70 percent of Americans Nonetheless, it is my strong expecta- But obviously, when individual grants are concerned about computer security tion that as this fundamental research are awarded, they may well focus on and 74 percent are concerned about ter- yields results, those results will be particular technologies that are not rorist using the Internet to launch a made available promptly to the private listed by name in the final version of cyber-attack against our country’s in- sector, where they will serve as the the bill, such as digital watermarking. frastructure. One survey shows that foundation for a wide range of prac- Another change is the delection of a half of all information technology pro- tical, tangible cybersecurity improve- cost-sharing provision added in com- fessionals believe that a major attack ments, products, and solutions. This mittee. Instead, the bill language will be launched against the Federal kind of commercialization of the re- makes it clear that research grants Government in the next 12 months. sults of Federal investment in com- under the NIST cybersecurity research Indeed, cyber security is essential to puter and network security research is program will be awarded to institu- both homeland security and national consistent with long-standing U.S. tions of higher education rather than security. The Internet’s security and technology transfer policy, and will directly funding industry research. reliability support the economy, crit- serve the national interest in enhanc- I thank my Senate colleague for tak- ical infrastructures and national de- ing the security and reliability of ing up and approving this timely legis- fense. At a time when uncertainty cyberspace for commercial, academic, lation. The stakes are high, and you threatens confidence in our nation’s and individual users, as well as Federal can bet that hackers and preparedness, the Federal Government and state governments. cyberterrorists won’t stand still. So it needs to make information and cyber I should also note that, in addition to is important to launch these new cy- security a priority. the extramural research grants at NSF bersecurity research programs as soon Currently, federally funded research and NIST, the bill will support NIST’s as possible. I believe this legislation on cyber security is less than $60 mil- ongoing cybersecurity research. Ameri- needs to be enacted into law this fall, lion per year. Experts believe that cans for Computer Privacy, the Busi- and I urge the House and the President fewer than 100 United States research- ness Software Alliance, the Informa- to move swiftly to ensure that hap- ers have the experience and expertise tion Technology Association of Amer- pens. to conduct cutting edge research in ica, the Information Technology Indus- Mr. ALLEN. Mr. President, I rise to cyber security. try Council, the Software & Informa- thank my colleagues for their unani- The Cyber Security Research and De- tion Industry Association, and the U.S. mous support of S. 2182, the Cyber Se- velopment Act will play a major role in Chamber of Commerce noted in a re- curity Research & Development Act. I fostering greater research in methods cent letter to Senators LIEBERMAN and would also like to thank Senator to prevent future cyber attacks and de- THOMPSON that NIST’s Computer Secu- WYDEN for his leadership and continued sign more secure networks. Our legisla- rity Division’s ‘‘job is to improve the work on pushing this important meas- tion will harness and link the intellec- security of civilian computer systems ure through the legislative process. tual power of the National Science through technical standards and co- S. 2182 addresses the important issue Foundation, the National Institute of operation with industry.’’ This legisla- of cyber security. As our reliance on Science and Technology, our Nation’s tion will provide funding to support technology and the Internet have universities, and private industry to NIST in continuing that work. grown over the past decade, our vulner- develop new and improved computer There is broad consensus on the need ability to attacks on the Nation’s crit- cryptography and authentication, fire- for this legislation. It has already ical infrastructure and networked sys- walls, computer forensics, intrusion de- passed the House by an overwhelming tems has also grown exponentially. The tection, wireless security and systems bipartisan vote, thanks to the leader- high degree of interdependence be- management. ship of Congressman SHERRY BOEH- tween information systems exposes In addition, our bill is designed to LERT. I introduced the Senate version, America’s network infrastructure to draw more college undergraduate and S. 2182, and the ranking member of the both benign and destructive disrup- graduate students into the field of Science and Technology Sub- tions. Such cyber attacks can take sev- cyber security research. It establishes committee, Senator ALLEN, joined me eral forms, including: defacement of programs to use internships, research in shepherding it through the Com- web sites; denial of service; virus infec- opportunities, and better equipment to merce Committee. We worked closely tion throughout the computer net- engage students in this field. America with Senator EDWARDS on provisions to work; and unauthorized intrusions and is a leader in the computer hardware help Federal Government agencies sabotage of systems and networks re- and software development. In order to safeguard the security of their com- sulting in critical infrastructure out- preserve America’s technological edge, puter systems. And we worked closely ages and corruption of vital data. we must have a continuous pipeline of with businesses and experts in the cy- Past attacks, such as the Code Red new students involved in computer bersecurity field, to ensure widespread virus, show the types of danger and po- science study and research. support within the high tech industry. tential disruption cyber attacks can S. 2182 highlights the role the Fed- Specifically, I would like to mention have on our Nation’s infrastructure. eral Government will play in helping a few changes that have been made to The cyber threats before this country prepare and prevent cyber attacks, but the bill since we reported the bill from are significant and are unfortunately only if we can ensure the cutting edge the Commerce Committee. The most only getting more complicated and so- research and technology funded in this significant changes to the bill came in phisticated as time goes on. legislation is made commercially avail- working with Senator EDWARDS and cy- A survey last year by the Computer able. bersecurity businesses and experts to Security Institute and FBI found that Clearly, there is an urgent need for give federal agencies additional tools 85 percent of 538 respondents experi- private sector, academic, and indi- to strengthen the security of their enced computer intrusions. Carnegie vidual users as well as the Federal and computer systems, while at the same Mellon University’s CERT Coordina- State governments to deploy security time encouraging innovation and al- tion Center, which serves as a report- innovations. I am confident that the lowing agencies the flexibility to adopt ing center for Internet security prob- federal investment for long-term a variety of cybersecurity products. lems, received 2,437 vulnerability re- projects outlined in this legislation In addition, working with our col- ports in calendar year 2001, almost 6 will yield significant results to en- leagues on the House Science Com- times the number in 1999. Similarly, hance the security and reliability of mittee, we adjusted the list of research the number of specific incidents re- cyberspace. areas of basic NSF research grants. No ported to CERT exploded from 9,589 in I am glad to see the Senate come to- list could ever encompass every com- 1999 to 52,658 in 2001. What is alarming gether and pass this important legisla- puter security technology, and for that is that CERT estimates these statistics tion and again thank my colleague reason the list is not exclusive. The in- may only represent 20% of the inci- from Oregon for his leadership. I have tention was simply to give some gen- dents that actually have occurred. truly enjoyed working with him for the

VerDate Mar 15 2010 20:38 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00118 Fmt 4624 Sfmt 0634 E:\2002SENATE\S16OC2.REC S16OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 16, 2002 CONGRESSIONAL RECORD — SENATE S10601 successful passage of this positive and to the consideration of H.R. 5542 now at PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA TO THE REPUBLIC OF GHANA. constructive legislation that will im- the desk. prove the security of Americans. The PRESIDING OFFICER. The IN THE AIR FORCE Mr. REID. Mr. President, I ask unan- clerk will state the bill by title. THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT IN THE RESERVE OF THE AIR FORCE TO THE GRADE INDI- imous consent that the committee-re- The legislative clerk read as follows: CATED UNDER TITLE 10, U.S.C., SECTION 12203: ported substitute amendment be with- A bill (H.R. 5542) to consolidate all black To be major general drawn; and on behalf of Senators lung benefit responsibility under a single of- BRIGADIER GENERAL RICHARD C. COLLINS, 0000 WYDEN and ALLEN, I ask unanimous ficial, and for other purposes. BRIGADIER GENERAL SCOTT R. NICHOLS, 0000 consent that the amendment at the BRIGADIER GENERAL DAVID A. ROBINSON, 0000 There being no objection, the Senate BRIGADIER GENERAL MARK V. ROSENKER, 0000 desk be considered and agreed to, the proceeded to consider the bill. BRIGADIER GENERAL CHARLES E. STENNER JR., 0000 bill, as amended, be read three times, BRIGADIER GENERAL THOMAS D. TAVERNEY, 0000 Mr. REID. Mr. President, I ask unan- BRIGADIER GENERAL KATHY E. THOMAS, 0000 and the Commerce Committee then be imous consent that the bill be read the To be brigadier general discharged from further consideration third time, and passed; that the motion of H.R. 3394, the House companion; that COLONEL RICARDO APONTE, 0000 to reconsider be laid upon the table, COLONEL FRANK J. CASSERINO, 0000 all after the enacting clause be strick- and that any statements relating to COLONEL CHARLES D. ETHREDGE, 0000 en, and the text of S. 2182, as amended, COLONEL THOMAS M. GISLER JR., 0000 the bill be printed in the RECORD. COLONEL JAMES W. GRAVES, 0000 be inserted in lieu thereof; that H.R. The PRESIDING OFFICER. Without COLONEL JOHN M. HOWLETT, 0000 3394 be read three times, passed, the COLONEL MARTIN M. MAZICK, 0000 objection, it is so ordered. COLONEL HANFERD J. MOEN JR., 0000 motion to reconsider be laid on the The bill (H.R. 5542) was read the third COLONEL JAMES M. MUNGENAST, 0000 table; and that any statements relating COLONEL JACK W. RAMSAUR II, 0000 time and passed. COLONEL DAVID N. SENTY, 0000 to this matter be printed in the (This bill will be printed in a future COLONEL BRADLEY C. YOUNG, 0000 RECORD, with no intervening action or edition of the RECORD.) IN THE ARMY debate; and that S. 2182 be returned to f THE FOLLOWING ARMY NATIONAL GUARD OF THE the calendar. UNITED STATES OFFICERS FOR APPOINTMENT IN THE The PRESIDING OFFICER. Without ORDERS FOR THURSDAY, OCTOBER RESERVE OF THE ARMY TO THE GRADE INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: objection, it is so ordered. 17, 2002 To be major general The committee amendment in the Mr. REID. Mr. President, I ask unan- nature of a substitute was withdrawn. BRIGADIER GENERAL EMILE P. BATAILLE, 0000 imous consent that when the Senate BRIGADIER GENERAL DANIEL D. DENSFORD, 0000 The amendment (No. 4890) was agreed completes its business today, it stand BRIGADIER GENERAL DANIEL E. LONG JR., 0000 to. BRIGADIER GENERAL MICHAEL J. SQUIER, 0000 in adjournment until 11 a.m., Thurs- BRIGADIER GENERAL ROY M. UMBARGER, 0000 (The amendment is printed in today’s day, October 17; that following the BRIGADIER GENERAL ANTONIO J. VICENS-GONZALEZ, 0000 BRIGADIER GENERAL WALTER E. ZINK II, 0000 RECORD under ‘‘Text of Amendments.’’) prayer and the pledge, the morning The bill (S. 2182), as amended, was hour be deemed to have expired, the To be brigadier general read the third time. Journal of the proceedings be approved COLONEL NORMAN E. ARFLACK, 0000 The bill (H.R. 3394), as amended, was COLONEL JERRY G. BECK JR., 0000 to date, the time for the two leaders be COLONEL RAYMOND W. CARPENTER, 0000 read the third time and passed, as fol- reserved for their use later in the day, COLONEL HERMAN M. DEENER, 0000 lows: COLONEL ROBERT P. FRENCH, 0000 and that there be a period of morning COLONEL JOHN T. FURLOW, 0000 (The bill will be printed in a future business, with Senators permitted to COLONEL CHARLES L. GABLE, 0000 edition of the RECORD.) COLONEL FRANCIS P. GONZALES, 0000 speak therein for up to 10 minutes COLONEL DEAN E. JOHNSON, 0000 f each, with the time until 12 noon under COLONEL DAVID A. LEWIS, 0000 COLONEL THOMAS D. MILLS, 0000 INLAND FLOOD FORECASTING AND the control of the Republican leader or COLONEL VERN T. MIYAGI, 0000 WARNING SYSTEM ACT OF 2002 his designee, and the time from 12 noon COLONEL ROQUE C. NIDO LANAUSSE, 0000 COLONEL J. W. NOLES, 0000 Mr. REID. Mr. President, I ask unan- to 1 p.m. under the control of Senator COLONEL THOMAS R. RAGLAND, 0000 DASCHLE or his designee. COLONEL TERRY L. ROBINSON, 0000 imous consent that the Senate proceed COLONEL CHARLES G. RODRIGUEZ, 0000 to calendar No. 698, H.R. 2486. The PRESIDING OFFICER. Without COLONEL CHARLES D. SAFLEY, 0000 objection, it is so ordered. COLONEL RANDALL E. SAYRE, 0000 The PRESIDING OFFICER. The COLONEL DONALD C. STORM, 0000 clerk will state the bill by title. f COLONEL WILLIAM H. WADE, 0000 COLONEL GREGORY L. WAYT, 0000 The legislative clerk read as follows: ADJOURNMENT UNTIL 11 A.M. COLONEL MERREL W. YOCUM, 0000 A bill (H.R. 2486) to authorize the National TOMORROW IN THE AIR FORCE Oceanic and Atmospheric Administration, THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT through the United States Weather Research Mr. REID. Mr. President, there is no TO THE GRADE INDICATED IN THE RESERVE OF THE AIR Program, to conduct research and develop- further business to come before the FORCE UNDER TITLE 10, U.S.C., SECTION 12203: ment, training, and outreach activities relat- Senate. Therefore, I ask unanimous To be colonel ing to inland flood forecasting improvement, consent that we stand in adjournment and for other purposes. BRANFORD J. MCALLISTER, 0000 under the previous order. ALICE SMART, 0000 There being no objection, the Senate There being no objection, the Senate, IN THE NAVY proceeded to consider the bill. at 9:04 p.m., adjourned until Thursday, THE FOLLOWING NAMED OFFICERS FOR REGULAR AP- Mr. REID. Mr. President, I ask unan- October 17, 2002, at 11 a.m. POINTMENT TO THE GRADES INDICATED IN THE UNITED imous consent that the bill be read the STATES NAVY UNDER TITLE 10, U.S.C., SECTION 531: f third time and passed; that the motion To be commander to reconsider be laid upon the table; NOMINATIONS ROWLAND E MCCOY, 0000 and that any statements relating to Executive nominations received by To be lieutenant commander this matter be printed in the RECORD. the Senate October 16, 2002: ROGER L BOUMA, 0000 The PRESIDING OFFICER. Without JAMES T DENLEY, 0000 BROADCASTING BOARD OF GOVERNORS objection, it is so ordered. JOHN V DICKENS III, 0000 The bill (H.R. 2486) was read the third BLANQUITA WALSH CULLUM, OF VIRGINIA, TO BE A KIMBERLY S FRY, 0000 MEMBER OF THE BROADCASTING BOARD OF GOVERNORS JEROME A HINSON, 0000 time and passed. FOR A TERM EXPIRING AUGUST 13, 2005, VICE CHERYL F. TAMMY C JONES, 0000 HALPERN, TERM EXPIRED. JOHN T LEE, 0000 (The bill will be printed in a future STEVEN M RESWEBER, 0000 edition of the RECORD.) EXECUTIVE OFFICE OF THE PRESIDENT ROBERT D REUER, 0000 LOUIS ROSA, 0000 f FELICIANO FOYO, OF FLORIDA, TO BE A MEMBER OF DUANE A SAND, 0000 THE ADVISORY BOARD FOR CUBA BROADCASTING FOR A FRANK W SHEARIN III, 0000 BLACK LUNG BENEFIT TERM EXPIRING AUGUST 12, 2004, VICE JORGE L. MAS. JOHN M SHIMOTSU, 0000 DEPARTMENT OF STATE RALPH R SMITH III, 0000 CONSOLIDATION WALTER R STEELE, 0000 Mr. REID. Mr. President, I ask unan- MARY CARLIN YATES, OF OREGON, A CAREER MEMBER DAVID A TOELLNER, 0000 OF THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER- ROBERT A WACHTEL, 0000 imous consent that the Senate proceed COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND ALAN K WILMOT, 0000

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