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

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

Vol. 148 WASHINGTON, THURSDAY, AUGUST 1, 2002 No. 108—Part II House of Representatives The House was not in session today. Its next meeting will be held on Wednesday, September 4, 2002, at 2 p.m. Senate THURSDAY, AUGUST 1, 2002

TRADE ACT OF 2002 MURKOWSKI, and WELLSTONE on bene- Finally, I would say a word of thanks Mr. BAUCUS. Mr. President, before fits for steel retirees. to the many members of the Adminis- we conclude today, I would be remiss if Finally, I, of course want to thank tration who staffed and supported this I did not thank a number of people. my partner on the Finance Committee, legislative effort, including Grant First, in the House, I want to thank Senator CHUCK GRASSLEY for being Aldonas, Faryar Shirzad, Peter David- Chairman BILL THOMAS. He and I dis- helpful throughout this process. son, John Veroneau, Heather Wingate, agree on some things—that’s for sure. Of course, to actually complete work Brenda Becker, Penny Naas, and many But we share a common goal of both on a major bill like this requires the others. expanding trade and helping workers efforts of many others. For more than I—as well as the Senate and the left behind by trade. And we share the 18 months, many staff members have country—owe you all a debt of grati- goal of getting this to the President’s made incalculable efforts to prepare tude. desk as soon as possible so that we can this legislation and move it to passage. I also rise today to thank one addi- help jump-start this economy. We John Angell and Mike Evans oversaw tional person who played an enormous worked together to craft a strong trade the efforts of the Finance Committee role in the passing of this trade bill— bill—and I thank him for his efforts. staff on this legislation and all other Howard Rosen. Second—I want to thank Congress- activities of the Committee. I do not believe there is a person in men CAL DOOLEY, JOHN TANNER, and Greg Mastel led the effort on the this country who feels more passion- BILL JEFFERSON, who helped craft the Democratic staff to prepare this legis- ately about the TAA legislation than House fast track legislation, and also lation from the first round of hearings Howard Rosen. He helped write this ANNA ESHOO and KEN BENTSEN, who to the final Senate vote. He was ably bill, he worked hard to encourage provided so much help on TAA. assisted by a tremendously skilled and Members of the Senate and Members of In the Senate, I first want to thank energetic staff, including Tim Punke, the House to support this bill, and he is Senator DASCHLE, who has helped this Ted Posner, Angela Marshall, Shara a big reason that we now have such a trade bill move through every step of Aranoff, and Andy Harig. good TAA program. the process. I also want to thank two The Finance Committee health and And I know Howard’s efforts will not Senators who played a key role during tax staffs also played an important end here. I know he will keep working the committee process—Senator role, especially Liz Fowler, Kate to make TAA an even better program. BINGAMAN for his efforts on TAA and Kirchgraber, Liz Liebschutz, Mitchell We all owe him a great deal of thanks. Senator BOB GRAHAM on ATPA. And I Kent, and Mike Mongan. ANTICIRCUMVENTION appreciate Senator BREAUX’s work The Finance Committee also bene- Mr. BREAUX. Mr. President, I want both during the Senate negotiations fited from the able efforts of the lead- to bring to the Senate’s attention a and during the conference. ing Republican staff members, Everett section of the conference agreement I also want to give credit to a num- Eissenstat and Richard Chriss. that is extremely important to the fu- ber of Senators whose efforts made this In the House, the staff of the Ways ture of the U.S. sugar program and to legislation much better. Senators DAY- and Means Committee and the New the workers and companies in the do- TON and CRAIG on trade laws; Senator Democrats who supported this bill de- mestic sugar industry. As the gen- EDWARDS on the textile negotiating observe similar credit. tleman from Montana knows very well, jectives and also on TAA; Senator KEN- This legislation also literally would I am talking about Section 5203 of the NEDY on access to medicines; Senator not have been possible without the help Trade Act of 2002, regarding sugar tar- HARKIN on child labor; Senator INOUYE of our skilled legislative counsel, Polly iff-rate quota circumvention. The pol- on some of the tuna provisions in Craighill, Stephanie Easley, and Ruth icy established in Section 5203 on sugar ATPA, and Senators ROCKEFELLER, Ernst, and Mark Mathiesen. tariff rate quota circumvention is very

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

S7817

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00001 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7818 CONGRESSIONAL RECORD — SENATE August 1, 2002 important to the future of the sugar in- not the only methods used for cir- such a garment be eligible for benefits dustry in Louisiana and the United cumvention. Importers will try vari- under this provision? States. ations of circumventing products that Mr. BAUCUS. I believe that such a Mr. BAUCUS. I am very familiar were imported in the past, and they garment would be eligible for benefits with Section 5203 and its importance to will try to devise new methods for cir- under that provision. A garment en- the future of the domestic sugar indus- cumvention. tered under the regional fabric provi- try, including the sugarbeet growers Section 5203 directs the Secretary of sion of AGOA is not ineligible for bene- and processors in Montana. I would Agriculture and Commissioner of Cus- fits simply because it happens to incor- like to take this opportunity to com- toms to monitor continuously imports porate U.S. yarns, fabrics, or compo- mend Senator BREAUX, Senator CRAIG, of products provided for under Chapter nents. and Senator THOMAS for the work they 17, 18, 19 and 21 of the HTS for indica- Mr. GRASSLEY. A related question have been doing to address the problem tions that products are being used for concerns the increase in the quan- of circumvention of the tariff-rate circumvention. It is my understanding titative cap, provided for in Section quotas on sugar and sugar-containing that ‘‘continuously’’ means looking at 3108(b) of the conference report. As I products. import statistics for each month. If understand it, the cap increases rep- Mr. BREAUX. I accept those kind they see anything suspicious, such as resent an approximate doubling of the words on behalf of all of the Senators significant increases in imports over percentages used in setting the caps who are working on this issue. Let me historic levels or a change in the ports under current law, except the increase explain the problem briefly. The price of entry from the historic pattern, they can only be used for garments con- of sugar on world markets is almost al- will look into the transactions to as- taining regional or a mixture of re- ways very low and is often below the sure themselves there is no circumven- gional and U.S. inputs. cost of producing sugar even in the tion or to determine precisely how the Mr. BAUCUS. That is correct. The most efficient sugar industries. This circumvention is being carried out. The cap is set as a percentage of the aggre- phenomenon is caused by subsidization Secretary and the Commissioner shall gate square meter equivalents of all of sugar exports by the European report their findings and make rec- apparel articles imported into the Union and other governments, and by ommendations for action to Congress United States in the preceding 12- dumping by companies that must ex- and the President every six months in month period for which data are avail- port their sugar at any price to avoid a public report. able. Under current law, the applicable harming their domestic markets. Mr. BAUCUS. As Chairman of the percentage for the 1-year period begin- The U.S. sugar program is intended Senate Finance Committee and Co- ning October 1, 2000 was 1.5 percent. to keep the price of sugar in the U.S. Chair of the Conference Committee, I The applicable percentage increases by market at a level that assures a rea- agree that you have accurately de- equal annual increments, so that for sonable return to U.S. growers, proc- scribed this important section and its the period beginning October 1, 2007, essors and refiners of cane and beet intent. the applicable percentage does not ex- sugar. A primary component of the Mr. BREAUX. Thank you, Chairman ceed 3.5 percent. Under that formula, program is WTO-legal tariff-rate BAUCUS for clarifying this issue. You the applicable percentage for the 1- quotas on imported sugar and sugar- clearly understand the importance we year period beginning October 1, 2002 containing products under Chapters 17, attach to this monitoring, reporting, will be approximately 2.072 percent. 18, 19 and 21 of the Harmonized Tariff and recommendation program. I also Under section 3108(b)(1) of the con- Schedule of the United States. These want to emphasize that we expect the ference report, that percentage will be quotas keep world price sugar from dis- Secretary of Agriculture and Commis- increased by 2.17 percent. In other rupting the U.S. sweeteners market sioner of Customs to move quickly as words, the new applicable percentage and assure countries that are historical soon as H.R. 3009 is signed into public for the year beginning October 1, 2002 suppliers of the U.S. market that they law to establish an effective moni- will be 4.242 percent. However, with re- will benefit from U.S. prices. toring, reporting and recommendation spect to the increase over current law, If the tariff-rate quotas do not keep program under section 5203. i.e., the additional 2.17 percent in the dumped world price sugar off the U.S. AGOA year beginning October 1, 2002, gar- market, the sugar program will be se- Mr. GRASSLEY. I would like to ask ments must be made from regional or a verely damaged. Therefore, it is essen- the chairman of the Finance Com- mixture of regional and U.S. inputs. tial that attempts to circumvent the mittee to engage in a colloquy for the The conference report further pro- tariff-rate quotas be identified and purposes of clarifying several provi- vides that in future years, the applica- stopped promptly. sions in this conference report as they ble percentage will increase by equal Mr. BAUCUS. I agree. Circumvention relate to the African Growth and Op- increments, such that the applicable definitely has been a problem for the portunity Act, known as AGOA. percentage for the 1-year period begin- sugar industry. Do you have some ex- Mr. BAUCUS. I would be pleased to ning October 1, 2007 will be not greater amples of such practices? engage in a colloquy on that subject. than 7 percent. For each year, the in- Mr. BREAUX. There are many dif- Mr. GRASSLEY. Section 3108(a)(3) of crease over the applicable percentage ferent kinds of circumvention. For ex- the conference report amends section under current law pertains only to gar- ample, designing and importing 112(b)(3) of AGOA, which provides for ments made from regional or a mixture nonquota sugar-containing products duty-free access for apparel made from of regional and U.S. inputs. that have no commercial use or using regional fabrics, subject to a quan- Mr. GRASSLEY. I appreciate the processing technologies that make titative cap. clarification. commercial extraction of sugar from Mr. BAUCUS. That is correct. TUNA CERTIFICATION OF ORIGIN IN THE ANDEAN historically traded nonquota products Mr. GRASSLEY. As I understand it, TRADE PREFERENCE ACT an economically viable source of sugar. section 112(b)(3) of AGOA, as amended Mrs. BOXER. Mr. President, I have A specific example of one kind of cir- by the conference report, would also long been involved in dolphin conserva- cumvention is stuffed molasses, in cover garments made from regional tion efforts. In the past, tuna boats which sugar is added to molasses out- fabrics that also incorporate U.S. were one of the leading causes of dol- side the United States and removed formed fabrics made from U.S. yarns, phin mortality. As a result of legisla- from the molasses after importation in U.S. formed yarns, or U.S. formed fab- tion that I and others worked on, tuna the United States. Another example is rics not made from yarns that are clas- fishing practices have been modified a product that is created by inter- sifiable under heading 5602 or 5603 of and dolphin deaths have dropped dra- rupting the normal refining process of the Harmonized Tariff Schedule of the matically. raw cane sugar after the first removal United States. An example of this In part, that success has come from of sugar, or first ‘‘strike,’’ outside the might be a tailored coat made from Af- clear regulations regarding dolphin- United States, addition of that product rican wool, that incorporates U.S. fab- safe fishing practices and requirements to raw cane sugar while it is being re- rics, linings, interlinings, or pocketing that must be met before tuna can re- fined in the United States. These are material. As you understand it, would ceive the ‘‘dolphin-safe’’ label. The

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00002 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 1, 2002 CONGRESSIONAL RECORD — SENATE S7819 United States tracks foreign tuna and erwise known as P.L. 480, includes damental purpose of the investor-state determines whether it is dolphin-safe ‘‘fish’’ under its definition of ‘‘agricul- dispute settlement procedures while by requiring foreign parties to supply a tural commodity.’’ ensuring that they are not subject to Certificate of Origin for imported tuna. Mr. BREAUX. Senator BAUCUS, I was abuse. The TPA provisions preserve the Specifically, I am referring to the Na- a member of the conference committee ability of the United States to enforce tional Oceanic and Atmospheric Ad- as well and it was my understanding our trade remedy laws which help com- ministration’s Form 370, which is re- that fish would be a qualifying agricul- bat unfair trade practices. quired under the Marine Mammal Pro- tural commodity for the purpose of Finally, they contain unprecedented tection Act of 1972. this act. Is that correct? consultation procedures which ensure I am concerned that the reference to Mr. BAUCUS. Yes, my intent is that meaningful and timely consultations a Certificate of Origin in Section fish—wild, farm-grown, or shellfish— with Congress every step of the way, 3103(b)(5) of H.R. 3009 may inadvert- and inherently fishermen, be consid- without curtailing the President’s abil- ently create some confusion regarding ered for the purpose of the Trade Ad- ity to negotiate good agreements. existing tuna certificate requirements. justment Assistance Program for farm- In short, the Bipartisan TPA bill pro- It is my understanding that the Chair- ers. Also, fishermen can apply and vides the President with the flexibility man of the Finance Committee did not should be eligible for the regular TAA he needs to negotiate strong inter- intend for this section to affect exist- for workers provisions. national trade agreements while maining requirements that imported tuna Further, there is also a study added taining Congress’ constitutional role be accompanied by a Certificate of Ori- to the conference report on the topic of over U.S. trade policy. It represents a gin (i.e. NOAA Form 370) as required fishermen and TAA. It is my hope that thoughtful approach to addressing the under the Marine Mammal Protection this study will address the recent con- complex relationship between inter- Act. troversy about the application of the national trade, worker rights, and the Mr. BAUCUS. It is my understanding TAA for firms to fishermen as well as environment. And it does so without that nothing in the conference report provide direction on future approaches undermining the fundamental purpose supercedes or repeals the provisions of to ensuring that fishermen are treated and proven effectiveness of Trade Pro- law to which the Senator from Cali- equitably under TAA, including wheth- motion Authority procedures. It is an fornia refers. er a separate TAA for Fishermen pro- extremely solid bill which I am proud Mr. BREAUX. Mr. President, it is gram should be created. to support. also my intent that the Andean Trade Mr. KERRY. Thank you for that clar- I would like to include some material Preference Act not pertain to existing ification, Senator BAUCUS. It is impor- for the RECORD which provides some requirements that foreign parties pro- tant that we make these programs background on how we got to where we vide a Certificate of Origin for tuna im- work for all of America’s workers, and are today. ported into the United States. This cer- I look forward to working with you to Today we are on the verge of passing tificate, or Form 370, is necessary to make that happen. It is my under- this critical bill and sending it to the verify whether imported tuna qualifies standing that the Administration is President’s desk for his signature. I for the ‘‘dolphin-safe’’ label. This bill preparing letters specifically outlining want to recognize Chairman BAUCUS’ should not affect that process. TAA eligibility for fishermen, and I strong efforts during the recent House- Mrs. BOXER. I thank my colleagues. look forward to receiving those very Senate conference on the Trade Act. I TRADE ADJUSTMENT ASSISTANCE FOR soon. think they were key to our success. FISHERMEN Mr. GRASSLEY. Mr. President, I rise I would now like to briefly outline Mr. KERRY. Mr. President, I want to in strong support of the conference re- two other provisions in the bill—Trade take this opportunity to engage in a port to accompany H.R. 3009, the Trade Adjustment Assistance and the Andean colloquy with the Senator from Mon- Act of 2002 and urge my colleagues to Trade Promotion Act. tana, Senator BAUCUS and the Senator support cloture and final passage of the First on TAA. The Trade Act reau- from Louisiana, Senator BREAUX. bill. thorizes and improves Trade Adjust- I would like to congratulate you both This bill is the product of over a year ment Assistance for America’s workers on your work in the Finance Com- and a half of intense negotiations, dis- whose jobs may be displaced by trade. mittee and particularly thank you for cussion, and debate among Republican I think the TAA provisions in the your dedication to passing a strong and Democrats in both Houses of Con- Trade Act are a vast improvement over Trade Adjustment Assistance bill. This gress. Because of these efforts, the the legislation that passed the Senate. is a strong step forward for U.S. work- Trade Act strikes a solid and balanced The Senate TAA bill would have en- ers indeed; however, I would like to compromise among a number of key tirely rewritten existing law. In doing seek your clarification as to whether issues and competing priorities. It is a so, the Senate bill added a number of fishermen are eligible for the program. product which should receive broad new, costly definitions, time-lines and Mr. BAUCUS. Thank you, Senator support here in the Senate today. ambiguous administrative obligations. KERRY. I would also like to thank you The Trade Act of 2002 renews Trade The Trade Act removes these burden- for all of your efforts in helping both in Promotion Authority for the President some and ill-advised changes. the Committee and on the floor to for the first time in almost a decade. Unlike the Senate bill, the Con- draft a strong bill that addresses the Through a spirit of compromise, Demo- ference Report simply amends and needs of America’s businesses, farmers, crats and Republicans were able to builds upon existing law. It adds new and workers. break the deadlock of TPA and reach a provisions which help to actually im- It was certainly my intent as Chair- balanced compromise on a number of prove the TAA program while main- man of the Finance Committee and the key issues. taining its linkage to trade. The TAA lead conferee on the part of the Senate For example, for the first time TPA provisions in the Trade Act consolidate to make fishermen eligible for the contains a negotiating objective on the TAA and NAFTA–TAA programs, Trade Adjustment Assistance for labor and the environment. Nego- thereby establishing a uniform set of Farmers program. It is my under- tiators are directed to seek provisions requirements. It triggers immediate standing that Trade Adjustment As- in trade agreements requiring coun- provisions of rapid response and basic sistance for Farmers covers all com- tries to enforce their own labor and en- adjustment services and streamlines modities (including livestock) in the vironmental laws. These negotiating the petition approval process. raw or natural state. The Trade Act of objectives also recognize a country’s The act also reduces by one-third the 1978, defines the term ‘‘livestock’’ to right to exercise discretion and estab- time period in which the Secretary cover not only cattle, sheep, goats, lish its own labor and environmental must review a petition. At the same swine, poultry (including egg-pro- standards without being subject to re- time, the TAA provisions drastically ducing poultry), and equine animals taliation. scale back the number of workers who used for food or in the production of The bipartisan TPA provisions also can be eligible for TAA, thereby ensur- food, but also ‘‘fish used for food.’’ contain carefully balanced provisions ing that only those workers who are Also, the Food for Peace program, oth- on investment, which preserve the fun- truly impacted by trade and in need of

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00003 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7820 CONGRESSIONAL RECORD — SENATE August 1, 2002 retraining are eligible for assistance. I ask unanimous consent to print the So making a committee vote on renewing The Trade Act includes a 65 percent information I earlier referenced in the the President’s trade negotiating authority health insurance tax credit, and pre- RECORD. contingent with House action is not in ac- sents a firm, clear alternative to ex- There being no objection, the mate- cord with recent action of this committee, including what we are doing here today. panding Medicaid and over government rial was ordered to be printed in the In addition, Mr. Chairman, I believe, and run health insurance coverage. RECORD, as follows: many members of this committee believe, In short, the Trade Act improves the TRANSCRIPT EXCERPT FROM THE MARK-UP OF that Trade Adjustment Assistance ought to Senate passed TAA bill and represents THE TRADE ADJUSTMENT ASSISTANCE BILL be considered in tandem with legislation to a more balanced approach to ensuring S. 1209—DECEMBER 4, 2001 renew the President’s trade negotiating au- that workers displaced by trade get the OPENING STATEMENT OF HON. CHARLES E. thority. assistance and training they need to GRASSLEY, AU.S. SENATOR FROM IOWA This is not a new idea. When President Kennedy first designed the Trade Adjust- Senator GRASSLEY. Thank you, Mr. Chair- quickly re-enter the workforce and ment Assistance program in the 1960s, he compete in the international environ- man. Obviously, I will repeat some of the things specifically stated that adjustment assist- ment. ance was integrally linked to the Kennedy There is another extremely impor- that I said the other day. The CHAIRMAN. It does not have to be obvi- Administration’s overall efforts to reduce tant provision in the Trade Act that I ous. You can change. barriers to foreign trade. would like to briefly mention, and that Senator GRASSLEY. Well, these are things That linkage was explicitly stated in is the Andean Trade Promotion and that I think we need to remind ourselves of, President Kennedy’s message to Congress Drug Eradication Act. This provision particularly the bipartisanship of this com- when he announced that the first Trade Ad- will help eradicate drug trafficking in mittee. justment Assistance program was to be part of the Trade Expansion Act of 1962. the Andean nations by helping to cre- When this mark-up began last week, I stated that I support Trade Adjustment Assist- Here is what he said in 1962: ‘‘I am also rec- ate new employment opportunities for ommending as an essential part of the new ance. I do not support it, though, in the par- the citizens of Bolivia, Ecuador, Co- trade program that companies, farmers, tisan way that this legislation has been ad- workers who suffer damage from increased lombia and Peru. It is a vital piece of vanced. legislation for our Andean neighbors Now, you took time during your statement foreign import competition be assisted in and a critical tool in our effort to fight to show how there had been cooperation their efforts to adjust to that competition.’’ Ever since President Kennedy created the among Republicans and Democrats to deal drug trafficking. linkage between trade expansion and Trade with some things that ought to be in Trade The intent of the Andean Trade Pref- Adjustment Assistance, that linkage has Adjustment Assistance. erence Act, from the beginning, was to been maintained, both by Democrat and Re- So, my remarks in regard to the partisan advance our efforts to combat illegal publican administrations. drug production and trafficking. It was way are related to the bill containing provi- The linkage between Trade Adjustment As- sions from the Democratically-passed stim- then and is now not so much a trade sistance makes sense. It made sense when ulus package that makes sweeping and per- President Kennedy designed the Trade Ad- initiative as it is an effort to assist im- manent changes to our health care system. portant allies in a critical fight. The justment Assistance program in 1962, so con- Just as my colleagues on the other side sequently it makes sense today. It ought to nations of Latin America expect us to failed to work in a bipartisan fashion on eco- be preserved. I will oppose any efforts to continue to stand by their side as we nomic stimulus, they have followed the same sever the historic linkage between trade ex- fight the scourge of drugs. They have course again on these health provisions for pansion and Trade Adjustment Assistance. paid a high price to aid us in this ef- Trade Adjustment Assistance. Finally, Mr. Chairman, I again regret that fort. It is a battle we cannot afford to These things should be taken up as part of we cannot get to a vote by a date certain on our consideration of health programs and the President’s most important trade policy lose. So we cannot fail to do our duties not be mixed with, or at least on the stim- as legislators and provide them with initiative. As I said last week, we should not ulus package, Trade Adjustment Assistance. call it trade promotion authority for the the support they need with this impor- I think we have a situation here, as I said President because, quite frankly, we are tant legislation. a week ago, where we have got two very good talking about trade promotion authority for Before I conclude, I want us to step bills. I think when we finally get a Trade Ad- America. back and take a look at the big pic- justment Assistance bill, unless, for in- That is because America will win if we can ture. stance, it were to have these health care pro- realize the promise of opening new markets I will be the first to admit that this visions in it, you have got a bill that will for our farmers, ranchers, and workers. But bill is not perfect. There are provisions pass the Senate almost unanimously. America will also lose, our farmers, ranch- I think that we would have a situation, if in this bill which I do not support and ers, and workers will lose, if our effort to we got trade promotion authority out of renew the President’s trade negotiating au- there are many items I wish were in here, and one that I think would be very the bill that are not. But all in all it is thority gets bogged down in partisan bick- much a bipartisan bill, would pass the Sen- ering. a good, fair, and balanced package. It ate overwhelmingly, not unanimously or I urge my colleagues, Democrats and Re- deserves our strong support, especially near-unanimously like Trade Adjustment publicans alike, to work with me on trade in this changing international environ- Assistance might. promotion authority for America. We can do ment. But when you are going to bring these bills this. We must do it. We must do it in a bipar- International trade has long been one to the floor of the Senate where there is not tisan way, in the great and enduring tradi- of the most important foreign policy an arrangement for both to go, whether they tion of this committee. go together or go separately, we have a situ- I also might add that today is the day in and economic tools in our arsenal. It ation where there are two very popular pub- was a key component of our post-World which we are going to start applying tariffs lic policy decisions that could be on the Sen- and other trade provisions to the Andean War II international economic strat- ate floor that could pass by big margins. But Pact nations, because the Andean Pact egy. For over fifty years international one will not pass without the other. That is lapses today. I think that that is an example trade contributed to stability and eco- not a whole lot different than when Trade of our committee being a little late from nomic growth throughout the world. It Adjustment Assistance first came in to pub- time to time on very important pieces of helped to lift the nations of Europe and lic policy 40 years ago. They kind of came in trade policy that we should really push. Asia out of the ashes of World War II. together. I think we ought to take into consider- So I want to say, again, that we must not ation that nations that this committee ex- And it helped America experience un- lose sight of the importance then of renew- precedented prosperity here at home. pressed last week need our help, almost ing the President’s trade promotion author- unanimously—in fact, it was probably a International trade can play a similar ity this year. I know that some members of unanimous vote—that we move ahead with role at the beginning of the twenty- this committee believe that we should act the Andean Pact. first century. But our nation must only after the House has acted on this very It is too bad that we have not moved have the tools to lead. This bill will important piece of legislation. quickly enough so that these nations con- make a difference. Nations around the But it appears to me that this is a criteria tinue to be helped, as they have been helped world are waiting for our call and our that is selectively applied. All you have to under the Andean Pact, and as we would ex- leadership. do is look at what we are doing this morn- pand the Andean Pact legislation to do even ing, marking up Trade Adjustment Assist- Today, the eyes of the world are on greater good for those nations to help them- ance legislation before the House has acted. selves. the Senate. We cannot let them down. We also marked up fast track legislation in Quite frankly, it is only trade and it is not I urge my colleagues to support the 1997 before the House acted, and it was going to be aid that moves the economies of conference report, vote for cloture and strongly bipartisan, that the committee ap- these nations along. It is really a missed op- final passage of the bill. proved, with only one dissenting vote. portunity now that, after all these years of

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00004 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 1, 2002 CONGRESSIONAL RECORD — SENATE S7821 having the preferential treatment of imports without the mandate that TPA would have largest steel mill west of the Mississippi, has from the Andean Pact nations because we given the U.S. delegation. Economists esti- underscored to me the importance of Trade felt that it was very necessary to help them mate that the next WTO trade round could Adjustment Assistance, among other things. to help themselves, which is what trade does, bring an additional $177 billion in benefits to For over 1,400 steelworkers and their fami- that now there is going to be a greater cost, the United States. So, it is in our national lies, the future is not clear. Unfortunately, consequently less trade. Obviously, the interests for U.S. negotiators to be leaders in they can benefit from some help. I want to economies of these countries are going to be bilateral and multilateral trade initiatives. commend Senator Rockefeller for his efforts hurt. Now, given these facts and circumstances, on behalf of the steel industry at the ITC. These are the very same countries that we many of us just do not understand how time- With respect to Trade Adjustment Assist- feel we ought to be helping, because that’s ly consideration of TPA legislation con- ance, I am offering the administration’s pro- where we need to strengthen their economy tinues to elude the committee’s attention. posal. We have with us at the table Mr. Chris so that they are not so dependent upon the My amendment is simple. It has two fea- Spear, Assistant Secretary for Policy at the drugs that they produce that are coming to tures. First, my amendment would have the Department of Labor, to discuss the details our country, and a lot of other reasons as committee adopt the same TPA language of the proposal. But I want to make a few well, but that is a very important one for our that the committee reported to the Senate points about this part of my amendment. country. floor back in 1997. Second, I would amend the The administration’s TAA proposal is a fo- So, I hope we have a very aggressive trade amendment I filed last week to replace the cused, balanced, and revenue-neutral ap- agenda, we move forward. The most impor- Chairman’s mark on TAA with the adminis- proach. It expands eligibility for shifts in tant one is trade promotion authority for tration’s Trade Adjustment Assistance pro- production benefits to workers displaced by the President, regardless of what happens in posal. shifts in production to countries in which the House of Representatives, because I do Now, with respect to trade promotion au- the U.S. enters into a new trade agreement, not think that the Senate is irrelevant on thority, I think that my colleagues who thereby preserving the nexus between trade this issue of trade promotion authority. served on the committee will recall the pro- and assistance. I yield the floor. visions of old S. 1269 of the 105th Congress. Recognizing that it makes no sense to The CHAIRMAN. Thank you very much, Sen- There was broad bipartisan support for this maintain two similar, yet separate, TAA ator. I agree with you on the Andean Trade measure. It was adopted by the Finance programs, the administration’s proposal consolidates administration of the TAA program Preferences Act which has passed this com- Committee on a voice vote. mittee, and hopefully can be brought up and Now, this amendment consists of carefully and the NAFTA TAA program. It modifies passed on the floor this year. constructed language. Twice, it has survived current requirements for training waivers, The bill is now open for amendment. cloture votes on the Senate floor, by a 69 to specifying five conditions under which train- Senator Hatch? 31 vote on November 4, 1997, and by a 68 to 31 ing requirements may be waived. Senator HATCH. Mr. Chairman, is it appro- Finally, perhaps the most innovative fea- vote a day later. ture of the administration’s proposal is the priate for me to offer my amendment? Why do we not simply adopt this non-con- The CHAIRMAN. Absolutely. creation of a trade adjustment account op- troversial support of 1997 language again Senator HATCH. All right. I will offer on tion pilot program to offer the option of a today? For example, we have heard all year amendment that will add trade promotion limp sum payment in lieu of traditional TAA about the importance of labor and environ- authority language to the Chairman’s mark. benefits. In addition, my amendment would substitute ment provisions. The bottom line for American workers and Here is what the 1997 bill and my amend- the Chairman’s mark’s TAA language with their families has to be for Congress to suc- ment says on that score. My amendment the administration’s Trade Adjustment As- cessfully open up new markets for U.S. goods says, ‘‘It is the policy of the United States to sistance proposal. for the new trade agreements that TPA leg- reinforce the trade agreements process by Traditionally, the Finance Committee has islation will help spawn, and to help dis- promoting respect for ‘‘workers’’ rights by played a leadership role in forging major bi- placed workers through TAA. partisan consensus legislation in the areas of seeking to establish in the International The American people want us to work to- importance to the American public. Mr. Labor Organization a mechanism for the sys- gether to help solve our Nation’s problems. tematic examination of, and reporting on, Chairman, you and Senator GRASSLEY both That is what we did with the counter-ter- rose to that occasion in the tax bill earlier the extent to which ILO members promote rorism legislation. That is what we will do this year. Time and time again, this com- and enforce the freedom of association, the with the bioterrorism legislation that Sen- mittee stepped up to the plate in difficult right to organize and bargain collectively, a ators Frist, Kennedy, Gregg, and many of the areas. prohibition on the use of forced labor, a pro- others of us are developing. I hope that this For example, we took the lead in 1997 in hibition on exploitative child labor, and a committee can meet the challenge we face in the Balanced Budget bill and even found a prohibition on discrimination in employ- fashioning both TAA and TPA legislation, way to weave the Children’s Health Insur- ment.’’ What is wrong with that language? and that is what this amendment attempts. ance program into that critical legislation. With respect to the environment, my So, I want to thank you, Mr. Chairman, for I take exception to the view that the pru- amendment calls for ‘‘expanding the produc- making this rather lengthy statement, but I dent course is for this committee to wait and tion of goods and trade and goods and serv- sure hope we can pass this amendment. see what the House does on TPA. With all ices to ensure the optimal use of the world’s The CHAIRMAN. Thank you, Senator. Any due respect, I simply do not agree with what resources, while seeking to protect and pre- comments? the Chairman said last week, that it would serve the environment and to enhance the Senator GRASSLEY. Mr. Chairman, I be a waste of time of this committee and the international means for doing so.’’ So, this strongly support this amendment to renew whole Senate if we were to take up fast amendment addresses both labor and the en- the President’s trade promotion authority. track legislation prior to the House action. vironment, and it is no wonder why it was so Senator Moynihan said, when this bill was Frankly, I am not sure that there is any broadly supported back in 1997. approved three or four years ago, that it was, better use of time of this committee and the Now, I have been around here long enough in his words, ‘‘an extraordinary agreement.’’ Senate than in trying to reach a compromise not to be totally shocked if my amendment Many of my colleagues who were on the on trade legislation that can help jump-start is not adopted today. But I do want to leave committee four years ago will recall that the our stagnating economy. my colleagues across the aisle with the mes- 1997 bill was passed by the committee before America is fighting a war against ter- sage that I am prepared to listen to your the House acted, with broad bipartisan sup- rorism, and we are fighting this war in the concerns and work with you in good faith port. There was just one dissenting vote, as midst of a deepening economic recession. As across the aisle to fashion compromise bipar- I recall. the unemployment statistics climb, it would tisan TPA legislation that will get the job It enjoyed equally strong bipartisan sup- seem wise to aggressively pursue trade poli- done. port on the floor. The motion to invoke clo- cies that help to create new jobs for Ameri- I think that the bipartisan legislation put ture on the motion to proceed was approved cans. forward by Senators Gramm and Murkowski by a vote of 69 to 31. This model of bipartisan We know that over the last decade, exports might also serve as a good vehicle to get us trade legislation should serve as our model have accounted for between one-quarter and off the dime. Instead of sitting around wait- today. one-third of U.S. economic growth. We know ing for the House to act, why do we not send Because it was passed by such a wide and that these export-related jobs pay about 13 the House and the American public a strong convincing bipartisan margin just four years to 18 percent higher than the average U.S. message that the Senate intends to pass both ago is not enough to dismiss this bill by say- wage. trade promotion authority and Trade Adjust- ing that times have changed. Trade negoti- Mr. Chairman, I do not know about the ment Assistance as soon as possible? ating authority for the President was as con- farmers in Montana, but in the Utah Agri- The political reality may be that both of troversial then as it is now. The choices in cultural Committee they have told me that, these measures may have to pass, or both front of us in 1997 were as tough and as chal- in no uncertain terms, that community may fail. We can accept failure for either of lenging then as they are now. The impor- wants to see TPA pass, because one in three these measures. While I do not believe that tance of the United States’ leadership in farm acres go for exports. They want to ship it should be necessary to tie these two pieces trade policy was as important in 1997 as it is even more of their products overseas. together in one bill, there are certain advan- now. In my view, it was unfortunate that we let tages of doing so. The suspension of produc- Let us again reaffirm what Senator Moy- Ambassador Zoellick go to Doha last month tion by Geneva Steel in Utah last month, the nihan said in 1997. This is an extraordinary

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agreement and it is worthy of continuation So, it is unfortunate that the defense is Senator HATCH. But would it not be com- of this committee’s historic heritage of bi- going to win. Defense is going to win this fortable if we did? partisanship in U.S. trade policy. I urge my game today. That is pretty clear. But I just The CHAIRMAN. If I might continue. colleagues to again vote in favor of this leg- suggest that there ought to be a way to bring Senator HATCH. I am sorry. I apologize. islation by adopting this amendment. these concepts together and get both of them The CHAIRMAN. I do not think we should In regard to the amendment that Senator done. I think that after Thursday when the waste our time here. That is, if the House Hatch has of connecting Trade Adjustment House does it, is the appropriate and proper does not vote fast track this week, then I Assistance to it, as I stated in my opening time to do it. I am for fast track. But I think think it is inadvisable for us to act this comments, this is also in regard to a tradi- I am certainly going to follow the leadership week, and with so few days remaining. tion that was started with trade promotion of the Chair and say, let us wait and see Senator GRASSLEY. Did you say in your authority during the Kennedy Administra- what the House does. That is just a practical previous statement, the one befoe now, that tion. way to handle it. you would have a mark-up next week on fast So I would like to say a word on the ad- Thank you. track? ministration’s TAA proposal because I think The CHAIRMAN. I might say also to my good The CHAIRMAN. If the House passes fast the administration has been unfairly criti- friend from Utah that it is my intention to track. Yes. If the House passes fast track, I cized in the last few days in the press about bring up fast track before the committee if, will have a mark-up next week on fast track. its proposal and I would set the record and when, the House passes the bill. Now, the Senator BINGAMAN. Mr. Chairman? straight. vote is scheduled for Thursday over in the The CHAIRMAN. Senator Bingaman? A tremendous amount of effort has gone House. I, frankly, question the advisability Senator BINGAMAN. I wanted to also just into developing the administration’s proof pressing for a fast track vote here at this say a word about the other aspect of Senator posal. The administration put together a time in this amendment. This bill is going to Hatch’s amendment. As I understand it, is to working group consisting of four cabinet- lose. That might have some adverse effect on adopt the Trade Adjustment Assistance pro- ranked officials, Secretaries Chao, Evans, the House vote, I do not know. But I would posal the administration has made. and O’Neill, as well as Ambassador Zoellick. just urge, therefore, the Senators to with- Senator HATCH. Right. They developed this proposal. draw the amendment because our goal here Senator BINGAMAN. I think that would be a Countless hours were spent drafting and is to pass both fast track and Trade Adjust- major mistake and a major disappointment refining a proposal that makes some very ment Assistance. for a lot of workers around the country. The positive changes in our Trade Adjustment Now, the Chair will schedule a fast track truth is, it is revenue-neutral. That means Assistance laws. They also did this in a very mark-up next week. Not the end of next that we are essentially saying that we will responsible way, from a budget point of view, week. It is in good faith, next week, so that be spending no more on Trade Adjustment that is. Rather than throw money at the pro- we could consider this bill. I think it is un- Assistance in the future than we have spent gram, they came up with a revenue-neutral likely that fast track will reach the floor of in the past. approach that represents a serious and very the Senate this session. Highly unlikely. Benefits will not be improved in any of the reasonable compromise. But, as I have said time and time again, if respects that we are intending to in the bill So, I commend the administration this the House dose pass fast track, I will move that we are currently trying to proceed with morning for their outstanding work that has it. the mark-up on. There will be no assistance gone not their Trade Adjustment Assistance Senator BREAUX. Yes, certainly. to communities. proposal. That is part of Senator Hatch’s Senator BREAUX. I think the Chairman There will be no assistance to secondary amendment. It is an excellent proposal and I makes a good point. I would say to our Re- workers. There will be no extension of bene- think it deserves the consideration of this publican colleagues, to Senator Hatch in par- fits from 52 to 78 weeks for those who are committee and the support of this com- ticular, we know what is going to happen trying to get training to go into other lines mittee. with this vote. I think, if we have a fast of work. I think that would be a major dis- The CHAIRMAN. Any further discussion? track vote in this committee today, with the appointment for a lot of people. So, I hope Senator BREAUX. Mr. Chairman? very fragile coalition we have in the House, very much that, on that ground alone, we The CHAIRMAN. Senator Breaux? this could be a signal to the House members would turn down the amendment that the Senator BREAUX. Thank you very much, that the Finance Committee killed it. I Mr. Chairman. Once again, I think we have Senator from Utah has offered. think that would be terrible for those who Senator GRASSLEY. I do not know exactly proved that we all can play great defense, wanted to get it passed. We all know what is but the problem is, how do you get an offense what the author of the amendment will do. happening. I think it is a major point that it But I would hope that, with the statement together? You cannot win unless you can should be done. score. by the Chairman that he will mark up next But the House is on a string about whether week if the House passes a bill, conversely, I think that we are in a situation now they have enough votes to pass this. Those where our Republican colleagues can prevent that this will give some encouragement to who are opposed to it over there, and some of the House of Representatives to move for- us from passing the Trade Adjustment As- them are Democrats, will use this vote in sistance Act, and we can prevent them from ward and pass it because we have a commit- this committee to help get the bill killed in ment then that this is not going to be bot- passing fast track. the House, and therefore prevent it ever But I really question whether that is what tled up in this committee. That does not coming up in the Senate. You have made we should be doing. We should be passing mean what is going to happen on the floor of your point. Do not push it to a vote because things and getting things done instead of the Senate, but at least it will not be bottled it sends a terrible signal. I think the Chair- just playing defense and blocking each other. up here by the Chairman. That might en- The House, I take it, is going to take up man is right on target on that point. courage the House to move forward with it. Senator KYL. Mr. Chairman? fast track on Thursday and there is a real I yield. The CHAIRMAN. Senator Kyl? Senator HATCH. If I could just ask, before I question of whether they are going to pass it Senator KYL. If I could, just in response to or not. It is very controversial over her. The that. I do not understand something here. I make this momentous decision. I have lis- Chairman has made a decision that, let us guess I have not been on the committee long tened to my colleagues. The CHAIRMAN. Careful. wait to see what our colleagues are going to enough. But if we are all for fast track, why Senator HATCH. I am very considerate of do over in the other body. is the vote going to lose? my colleagues most of the time, I think. But If they pass the bill over there—which is The CHAIRMAN. Because this is a vote for questionable, but I think they will probably another fast track bill. It is not even on the could I ask Mr. Spear to tell me why Senator put it together and get it done—I think the fast track that is before the House. It is to- Bingaman is not right? I mean, I know why, Chairman has indicated that he is willing to tally different. but I would like to hear it from you. move forward on fast track over here and do Senator KYL. If one ways it is totally dif- Mr. SPEAR. Well, Senator, there are some both together. ferent, then nobody in the House should take significant differences. Now, here it is, 11:00. We know that we are, anything from a vote on this particular pro- Senator HATCH. You can be a little more I think, not going to get anything done all vision. diplomatic. You do not have to refer to Sen- day long in our committee. That it unfortu- The CHAIRMAN. Well, but we all know that ator Bingaman. [Laughter]. nate. It would seem that we could get some sometimes the way results are written up by Mr. SPEAR. There are some significant dif- kind of an agreement to see what the House the press and around, and different people in- ferences in the two proposals and I would be is going to do, take both of them up, and terpret things different ways, I just think it remiss if I did not say that the administra- pass both of them. I mean, that is what I is inadvisable for us to do this. tion is grateful to have had the opportunity would like to see done. Senator KYL. I cannot believe the press to work collaboratively with staff on both I am for fast track authority for this Presi- would not write this— sides of the aisle for several months now. dent, the last President, and the next Presi- The CHAIRMAN. I cannot either, but some- I think since May, when we first started dent. I think they ought to have it. I think times it happens. discussing ways to improve the program, we it is absolutely needed. I think the Trade Ad- I might say, too, the House has twice de- each had different solutions to that. I think justment Assistance bill is also very impor- feated fast track and it was withdrawn a both proposals tried to get at the same goal, tant. We have got a situation where people third time. So, that is a very legitimate just in different ways. need help, and this is a proper, appropriate question of whether the House is going to I think, in terms of secondary workers, federal response. pass fast track. COBRA care, extended income support, these

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00006 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 1, 2002 CONGRESSIONAL RECORD — SENATE S7823 are all significant things that are items that I do think that that is going to be impor- Senate will complete our debate on stand out in the Chairman’s mark that are tant to address in the final analysis, and I granting the President trade pro- not present in the administration’s proposal. am prepared to work on that legislation this motion authority. The administration worked very hard, month as well, Mr. Chairman and Ranking based on three GAO reports and a recent IG This critical legislation gives the Member Senator Grassley, who I know is a President the authority to negotiate report in the Department of Labor to im- strong supporter of the trade promotion au- prove its program. I do not recall any income thority. Thank you. and bring trade agreements to Con- recommendations made in those reports that Senator HATCH. Mr. Chairman? gress that will eliminate and reduce would justify bolstering more money in the The CHAIRMAN. Senator Hatch? trade barriers relating to manufac- program to enhance the performance. Senator HATCH. Mr. Chairman, I would like turing, services, agriculture, intellec- I think what we tried to do is to increase a vote on this. But I can see which way the tual property, investment and e-com- performance, to get results, stress training, vote is going to go and there is no reason to merce. Most importantly, this legisla- which is mandatory under the program, and put anybody through that. make certain that people get placed as Would the Chairman commit to a good- tion ensures that Congress can fulfill quickly as possible. I think that is the goal faith effort to, if the House does not pass its constitutional role in U.S. trade of the program. I think the administration’s this or they do not act on this, to bringing policy and fight for the interests of mark gets to that point. this up after the first of the year? U.S. workers as well as industry. Senator SNOWE. Mr. Chairman? The CHAIRMAN. Senator, I think we all One area of the conference agreement The CHAIRMAN. Senator Snowe? favor fast track. We all want a fast track that deserves special recognition is the Senator SNOWE. Thank you. Mr. Chairman. that is fair and responsible to American peo- I hope that we could sever these issues be- treatment of trade remedy laws. Our ple. I think that a vote today reporting out cause I do think it is extremely important to Nation’s trade laws are essential to TAA sends a very strong positive signal for move ahead on the reauthorization of the U.S. manufacturers, farmers, and Trade Adjustment Assistance. expanding trade, and I hope we pass that bill out today. workers. I am strongly committed to But, more than reauthorization, it is an preserving U.S. trade laws, as are many expansion on the program itself based on the With respect to your specific question, in need and tailored to some of the issues that the event the House does not pass fast track of my colleagues. Many of us have have been developed as a result of so many this session, then next year I will, at the ear- written to the President, stating our displaced workers. The demands have been liest possible time, look for a time when we opposition to trade agreements that extraordinary on the program, so obviously can take up in the committee and have a would weaken trade remedy laws. The we need to do far more in providing needs to mark-up on fast track. I cannot give a spe- Senate commitment to preservation of displaced workers. cific date because next year is next year. Senator HATCH. Sure. the U.S. trade law is unequivocal. It does include health care provisions, al- The conference agreement speaks though I do not agree with the provisions The CHAIRMAN. It is just hard to tell what that are in this legislation, particularly. I the timing is next year. But I do think that very clearly to this commitment. The did support the original provisions that were it is appropriate for us to try to take it up. legislation before us upgrades, as a included in Senator Bingaman’s bill. Hope- Now, on the other hand, if the House vote ‘‘Principal Negotiating Objective,’’ the fully we will get back to that, because I is very negative, then it might make sense preservation of the ability of the think 75 percent, based on this legislation, is for us to wait a little longer, or maybe speed United States to vigorously enforce its unprecedented. it up. It is hard to tell. Senator HATCH. Or we might have to lead trade remedy laws. This agreement of- But, in any event, I do think we need to go ficially codifies our commitment to the forward with this legislation, and based on on. changes. I know I have worked with the ad- The CHAIRMAN. You just have my atten- preservation of these laws and to avoid ministration as well and they have been tion, that I will bring up fast track as early weakening measures. It also includes commenting on a number of issues, and I as practical within a reasonable way, be- provisions directing the President to have worked with the Chairman and Senator cause we all want to get fast track passed in address and remedy market distortions Bingaman, who have been very responsive to a way that makes sense. that lead to dumping and subsidiza- Senator HATCH. All right. Well, I have lis- some of my issues as well. tion. I do think that we have to expand the pro- tened to my colleagues. It is apparent that it would be basically defeated for a variety of Additionally, the conference agree- gram to include secondary workers, as well ment provides for close consultation as a program for farmers and fishermen, in- reasons here today, so I will withdraw the creasing the amount of money available for amendment and listen to my colleagues. between the administration and Con- retraining. In my State of Maine, we have The CHAIRMAN. I thank the Senator. gress throughout ongoing trade nego- lost thousands and thousands of manufac- Mr. HUTCHINSON. Mr. President, I tiations. It requires the President to turing jobs. In just the last few years, there rise in support of the Conference report to Congress 180 days, before en- have been more than 7,000 workers in my Agreement on Trade Promotion Au- tering into a trade agreement, describ- State that have depended upon the Trade Ad- thority. Since 1994, when trade pro- ing the trade law proposals that may justment Assistance program. motion authority lapsed, America has be included in that agreement and how So, it is not only necessary to move for- been on the sidelines while other coun- ward with this program, but also to move these proposals fulfill the principal ne- forward in a way that reflects and accommo- tries have negotiated free trade agree- gotiating objectives. After that report dates the additional issues that need to be ments beneficial to those countries and has been submitted, Congress may con- addressed through this reauthorization proc- harmful to us. Our trading partners sider a resolution under special rules ess that provides a far better benefit to dis- around the world have sealed deals on expressing disapproval of any trade law placed workers, reflects the realities of the approximately 150 preferential trade weakening provisions that may be in- workplace in making sure they have that compacts, many within our own hemi- cluded in a trade agreement. kind of support. sphere. Yet the United States is party As the administration moves forward In addition, I do think it is critical to provide support to communities. Obviously, to only three. with trade negotiations, I urge our ne- when manufacturing plants or any plants are Encouraging trade has been an unde- gotiators to view the measures adopted closed down in a community in small towns niable benefit for Arkansas’ economy. today as a clear signal that Congress like in my State, clearly it has a rever- Arkansas export sales of merchandise will take seriously any attempts to berating effect throughout the community. for the year 2000 totaled $2.07 billion, weaken our domestic trade laws in the So, we have to identify those firms that up over 13 percent from 1999 and 86 per- context of these negotiations. The laws had a direct, and in some cases indirect, rela- cent higher than the State’s 1993 total currently in place, particularly the tionship with the plant that closed that real- of $1.11 billion. Arkansas exported glob- ly does present a hardship in the particular antidumping and countervailing duty community. I think we also have to provide ally to 134 foreign destinations in 2000. laws, ensure that free trade is also fair. additional support for retraining, as has been More than 69 percent of Arkansas’s These laws are of critical importance recommended in the legislation before us. 1,456 companies that export are small- to U.S. manufacturers, farmers, and I would hope that we would separate these and medium-sized businesses, and 61,700 workers, and they must be preserved. I two issues. I am not sure where I am on the Arkansas jobs depend on manufactured plan to follow our multilateral trade trade promotion authority. That is some- exports. Wages for those jobs are 13 to negotiations very closely with an eye thing that I am certainly going to reflect 18 percent higher than the national av- upon. I do think that we should mark up toward assuring the integrity of these that legislation and have a date-certain com- erage. For 8 years the United States laws. mitment if the House of Representatives has missed out on opportunities to in- Mrs. MURRAY. Mr. President, I rise does move forward in this legislation this crease trade, opportunities we frankly to indicate my support for the Andean week. could not afford to miss. Today the Trade Preference Act conference report

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00007 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7824 CONGRESSIONAL RECORD — SENATE August 1, 2002 now before the Congress. As my col- Zoellick and he has demonstrated to bers of good faith worked hard to leagues know, this conference report me an awareness of important issues to produce a bill that balances trade pro- contains a number of trade provisions, my State. The administration should motion and assistance for workers dis- including Trade Promotion Authority. not misinterpret today’s TPA vote. It placed by trade. In my judgment, the As I have said throughout my service is not a vote for a trade agreement. beneficial provisions that help dis- in the Senate, Washington State is the Congress will closely scrutinize the placed workers in this package do not most trade-dependent State in the work of this administration as it nego- offset the damage that could be done to country. Trade and our ability to tiates as well as any agreement sub- American workers through the vir- maintain and grow international mar- mitted for consideration under TPA’s tually inevitable weakening of our kets for our goods and services is tre- expedited procedures. I will be a very trade laws. mendously important to my State. It is interested observer as the President During the Senate debate, I made it an economic issue, a family-wage jobs and his trade team move forward. clear that I had tremendous concern issue for my constituents who are ac- The tremendous importance of inter- about the potential for new trade customed to international competi- national trade to my State, my entire agreements to weaken U.S. trade rem- tion. With these new trade tools, the State is the strongest argument for my edy laws, in particular the anti- President can give Washington State vote in support of trade promotion au- dumping and countervailing duty laws. exporters new and expanded opportuni- thority. These essential laws level the playing ties abroad. Expanded trade can play a I look forward to continuing to work field on which our firms and workers role in job creation and economic re- with my colleagues, my constituents compete internationally, and they covery for Washington State. and the administration on important serve the crucial function of offsetting The conference report, like all legis- international trade issues. Today’s and deterring some harmful unfair lation, is a compromise. And while I vote is an important step, a com- trade practices affecting international would have liked to see even stronger plicated step but ultimately the right trade today. provisions on trade adjustment assist- step for our country. I know the Chairman of the Finance ance and worker and environmental Mr. ROCKEFELLER. Mr. President, I Committee shares my concern that we protection, the conference report rep- rise in opposition to the conference preserve these laws, but we have a dis- resents real progress on many issues I agreement on the Andean Trade Pref- agreement over the effect that grant- have worked on and supported over the erences Act of 2002 that will grant the ing fast track to the President will years. President authority to negotiate trade have on our ability to do so. While I be- More workers will be eligible for agreements and send them to Congress lieve it would be a serious mistake for trade adjustment assistance. Some for a straight up or down vote on an ex- any Administration to think that a workers from secondary industries will pedited schedule. This Administration trade agreement or package of agree- be covered for the first time under the has not demonstrated that it will pre- ments can be successfully presented to conference report. The Senate bill pro- serve our existing trade laws when Congress for any approval, fast-track vides a new health benefit to displaced making international agreements. or otherwise, if it includes weakening workers. That means American workers are very changes to our trade remedy laws, I The Senate bill provided a stronger likely to be injured by new trade deals, fear that is exactly what this Adminis- health benefit for displaced workers. and I cannot in good conscience give up tration has demonstrated, through its The conference report provides a 65- my rights to protect them through the own actions, that it intends to do. percent up-front, refundable tax credit traditional legislative process. I will This trade bill will make it consider- for COBRA coverage which is slightly vote no on this conference agreement. ably easier for the Administration to less than the 70-percent up-front credit I remind my colleagues that within change our trade laws in international provided by the Senate bill. This is a the first few months of this Adminis- negotiations because it deletes the significant benefit. Congress will have tration, U.S. trade negotiators put our Dayton-Craig amendment that I, and 60 to monitor closely the degree to which trade laws on the table at the urging of of my Senate colleagues, voted in favor displaced workers are able to access foreign interests, as they sought to of adopting. The Dayton-Craig amend- the benefits. If necessary, I will not reach an agreement for the agenda of ment would have ensured that the Sen- hesitate to support further modifica- the upcoming trade round in Doha, ate could separately consider any tion of this program to allow displaced Qatar. That happened even though 62 changes to the trade laws. The final workers and their families to keep Senators had written the President and conference agreement, regrettably, di- their health insurance. This is an issue told him that we did not want any minishes congressional leverage to proof ongoing interest to me. weakening of our trade laws as part of tect the trade laws. The conference Fast track or trade promotion au- those negotiations. And it happened agreement replaces Dayton-Craig with thority has been debated extensively even though personal commitments a process whereby either House can now for 8 years. The President will had been made to me, as a Member of pass a nonbinding resolution express- soon have the authority that he and his the Senate Finance Committee, that ing opposition to proposed changes to Democratic predecessor sought. As the such actions would not be taken. The our fair trade laws. The Administra- administration looks forward to dif- Administration knew very well that a tion could ignore this resolution with ficult trade talks with Chile, Singa- clear, strong bipartisan majority in the no penalty. pore, and others, I call upon the Presi- Senate believed we should fully protect Arguably, the conference report dent and USTR Zoellick to be true to our trade laws, and they made them a changes might make it even more dif- the debate the Congress has had on bargaining chip anyway. ficult for Congress to withdraw fast trade promotion. Many important Without the assurance that our exist- track, because it would allow only one issues have been raised. And while not ing unfair trade laws—including our of either the nonbinding resolution or all are included in the final conference antidumping, countervailing duty laws, the more meaningful ‘‘procedural dis- report, the issues raised by the Con- will be protected and aggressively en- approval resolution’’, withdrawing fast gress will play a role in final approval forced in all instances, I cannot give track, on any trade agreement. There- of any trade agreement negotiated new authority to the President to ne- fore, if a nonbinding resolution had al- with TPA. gotiate treaties that could leave Amer- ready been reported out of the Senate I am concerned that this administra- ican workers without needed remedies Finance Committee or the House Ways tion will not be inclusive in upcoming for unfair trade. West Virginia’s hard and Means Committee, both houses trade negotiations. Members of Con- experience with illegal trade shows would then lose the right to introduce gress and outside groups have a legiti- why we must maintain the minimal ‘‘procedural disapproval resolutions’’ mate role to play in setting national protections provided by our existing on the same. The procedural dis- trade priorities and policy and I en- trade laws. approval resolution was a key element courage the administration to be re- As a member of the Senate/House of how the original Senate bill sought spectful of these roles. I have had sev- conference committee that hammered to protect U.S. trade laws, and losing eral discussions with Ambassador out this agreement, I know that Mem- the right to introduce it will actually

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00008 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 1, 2002 CONGRESSIONAL RECORD — SENATE S7825 limit Congress’ ability to withdraw Pension benefit Guarantee Corpora- exhaustion to complete this agreement fast track. tion, (PBGC). It’s only a small portion under terrible time constraints as well As a conferee on this trade bill, I en- of the retirees I had hoped would get as the consistently excellent work of tered conference negotiations under- some health care coverage from this his dedicated staff, this agreement does standing that many of the conferees trade bill, but it will make a real dif- not retain the full benefits of the sen- believed we needed to make adjust- ference in the lives of tens of thousands ate bill, and American workers lose as ments to the Dayton-Craig language. of retirees. And I am extremely pleased a result. Fundamentally, I do not be- Unfortunately, the final agreement did we have set a precedent that just believe the assurances and trust that not retain the basic underpinnings of cause people are retired, their lives are would need to exist between the Ad- Dayton-Craig—that we include some no less affected by trade. ministration and Congress on pre- mechanism to allow Congress to re- The House had added a provision that serving our trade laws and protecting move any efforts to weaken our trade helped PBGC beneficiaries access its American interests is sufficient to war- laws from trade agreements returned health credit, as it attempted to mus- rant ceding Congress’ constitutional under fast track. This is a grave failure ter the necessary votes to appoint responsibility on trade. of the conference. I believe we will House conferees. The last-minute Mr. HATCH. Mr. President, I rise come to deeply regret the conference House provision established a new today in support of the conference re- changes in this regard and that Amer- precedent to extend TAA benefits to report to accompany the trade Pro- ican workers will suffer for it. tirees, but also included unrealistic in- motion Authority/Trade Adjustment For my part, I will continue to come limitations that would have ef- Assistance legislation. This landmark strongly oppose any weakening fectively made the credit impossible to legislation is a careful compromise changes to our trade laws, whether in access for most early retirees, includ- that will benefit the American public ing retired steelworkers who very the WTO, as part of any deal brought by creating new jobs and investment much need help with their health care back under fast track negotiating au- opportunities. thority, or in any other form. But the coverage. I urge all of my colleagues to support I am very pleased that the conference final language of the conference agree- this measure. negotiations built on the House provi- ment will make it harder for me to pro- This legislation is not only good for sion and improved it substantially. The tect U.S. trade law in the future, and the citizens of Utah, it is good for all conference agreement will give these that is a major reason I will oppose Americans and it is good for our trad- workers, aged 55–65, access to a more this bill. ing partners, especially those in the de- affordable health credit. The final I am very proud that the final con- veloping world. PBGC provision has the complete mar- ference agreement retained much of In fact, almost 10% of all U.S. jobs— ket protections of the final package, the Senate’s good work on expanding an estimated 12 million workers—now and these early retirees whose compa- and improving the Trade Adjustment depend on America’s ability to export nies have shut down can access this Assistance program. Under this bill, to the rest of the world. Export-related health coverage for the duration of the when workers lose their jobs due to im- jobs typically pay 13% to 18% more TAA program as long as they meet the ports, they will now, for the first time than the average U.S. wage. age criteria, are receiving a PBGC ever, have some help accessing health This legislation will help bring new check, and do not have access to other care coverage. That is a critical new jobs into Salt Lake City and across our health care coverage. There will be no benefit, and is one of the provisions state. Last year, Utah’s manufacturers unrealistically low income limitations that was fundamental to moving this produced and exported $2.7 billion on retiree eligibility for this program. legislation in the Senate. Health care worth of manufactured items to more I know that at some point, some West coverage for displaced workers is an es- than 150 countries around the world. Virginia retirees will have to rely on An estimated 61,400 jobs in Utah are sential transitional benefit that Amer- this provision, and I am very glad that ican workers deserve and that is long the final agreement does not forget trade-related and one in every six man- overdue. them. ufacturing jobs in Utah—approxi- I believe the health credit provisions My hope had been to extend the mately 20,300 jobs—are tied to exports. in the Senate bill were superior to the health credit to all steel retirees who Trade is of great benefit to Utah’s provisions of the House bill and to the lose the health benefits they have small and medium sized companies. final provisions of the conference re- earned when their companies go bank- Some 80% of Utah’s 1,894 companies port in many fundamental ways. The rupt, and not only to early retirees that export are small and medium sized Senate’s TAA health provisions worked under age 65. Senators MIKULSKI and businesses. better than the conference report to WELLSTONE introduced an amendment As the Ranking Republican member ensure that workers could access the during the original trade bill debate in of the International Trade Sub- health credit established by the bill the Senate that would have done this. committee of the Finance Committee, and could afford the health care cov- Fifty-seven Senators agreed that pro- I make international trade a high pri- erage they need. The Senate bill in- tecting steel retirees was the right ority. International trade plays two cluded necessary insurance market re- thing to do, but our amendment fell important roles: it strengthens the forms to ensure that the new TAA just short of the procedural require- U.S. and world economy; and it is a health credit would be available to the ment of 60 votes, so the Senate bill did powerful foreign policy tool. Free trade workers who needed it, but the con- not ultimately include this protection. and respect for freedom go hand in ference report unacceptably dilutes But the final conference agreement at hand. those protections. Unfortunately, in least says we should help a small group Mr. President, I believe that this the interest of reaching a quick agree- of early retirees, and I am very pleased measure is one of the most important ment before the House adjourned, the that provision will become law. pieces of legislation we will face this amount of the Senate’s health subsidy The Senate’s TAA provisions on sec- year. Trade promotion authority is was reduced from 70 percent of benefit ondary workers and shift in production vital to our national economy and se- costs to 65 percent, making it that were far superior to the House’s, and curity, benefiting American businesses much more difficult for unemployed the final conference erodes some of the and employees everywhere. Simply workers to be able to afford the cov- Senate’s work, to the detriment of stated, it means more jobs, higher erage. I very much regret that con- American workers who will need the wages, and better products. ferees did not retain the senate’s work- help of TAA. Those concessions are a Passage of this legislation is a sig- er provisions in whole. disappointing retrenchment from the nificant victory for the American peo- However, I have to not that the final Senate bill, and I am disappointed that ple, especially our entrepreneurs. It agreement includes one very important we did not prevail so that all workers was President Bush’s leadership that addition to the Senate bill by providing substantially affected by trade could propelled Congress to address this health care coverage to early retirees access TAA benefits. eight-year drought in trade promotion whose companies went bankrupt and In conclusion, despite the hard work authority. I remember well the meet- who are receiving a check from the of my Chairman who worked himself to ing that the President convened in the

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00009 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7826 CONGRESSIONAL RECORD — SENATE August 1, 2002 Cabinet Room two weeks ago today to long-term benefits. A strong vote for primary plant, coverage is presumed. urge the trade bill conferees to get our this bill will indicate to our trading The conference report also provides work done before the August recess. partners that the United States in- TAA coverage to downstream workers Today’s vote must be seen as a great tends to play the leadership role during who are impacted by trade with Mexico vote of confidence in President Bush’s the Doha Round of international trade or Canada. leadership. talks. The conference report also expands I commend conference committee This bill will boost our economy coverage to workers affected by shifts Chairman BILL THOMAS and Vice Chair- which is still struggling to regain its in production. Workers are automati- man MAX BAUCUS for their leadership footing. As we face a new type of war, cally covered if their plant moves to a in expeditiously putting together this the war against terrorism, it is impor- country with which the United States bipartisan compromise. Senators tant that we strengthen our relation- has a free trade agreement, or to a BREAUX and ROCKEFELLER played key ship with our trading partners through- country that is part of a preferential roles as did Representatives RANGEL, out the world. From mutual economic trade arrangement such as ATPA, CBI, CRANE, DINGELL, BOEHNER, JOHNSON, interests that come through trade, po- or AGOA. MILLER, TAUZIN, BILRAKIS, BURTON, litical alliances can form. This dy- For workers whose plant moves to BARR, WAXMAN, SENSENBRENNER, COBIE, namic can only help us hunt down and any other country, TAA benefits are CONYERS, DREIER, LINDER, and HAS- deny safe harbor for any terrorists. At available if the Secretary of Labor de- TINGS. the least, our neighbors throughout the termines that imports have increased A full conference agreement on three world will get to know Americans and or are likely to increase. major bills—TPA, TAA, and the Ande- our values and ideals. This will only in- While the Senate bill did not require an Trade Pact completed in three days! crease our stature in the world. a showing of increased imports, there That is exactly the way the Congress For all of these reasons, I strongly are virtually no instances in which re- can and should act on behalf of the urge my colleagues to pass this bipar- locating production abroad would not American people if we put partisan pol- tisan conference report on trade. Let’s be accompanies by, or lead to, an in- itics aside and roll up our sleeves and get the job done for the American pub- crease in imports of the product. Only get to work. In particular, Chairman lic and pass this bill. workers at a company that produced BILL THOMAS performed a legislative Mr. BAUCUS. Mr. President, I want 100 percent for export, with no domes- tour de force last week. Everyone to take this time to talk in some detail tic sales, would be excluded. And it is should know about his leadership and about the Trade Adjustment Assist- particularly important to note that the thank him for the way he worked to re- ance provisions in the conference re- workers do not have to prove that the increase in imports will come from the solve issues with Senator BAUCUS and port. the other conferees. I am proud of the entire conference country to which production relocated. In addition, the conference report in- I am particularly pleased that we are agreement—but I am particularly cludes a new TAA program for farmers, adopting this bill in August rather proud of the TAA provisions. For the ranchers, fishermen, and other agricul- than October or December. This will first time since 1974, we are partnering tural producers. Past attempts to shoe- give the Administration’s trade team a grant of Presidential authority to ne- horn farmers into eligibility require- led by Secretary of Commerce Don gotiate agreements that expand trade ments intended for manufacturing Evans, United States Trade Represent- with a serious commitment to deal workers have left most with no access ative Bob Zoellick, Undersecretary of with the downside of trade expansion. to TAA. By focusing eligibility require- Commerce Grant Aldonis, and Deputy We all know that trade greatly bene- ments on the relationship between im- USTR Jon Huntsman—a Utahn I might fits our economy as a whole. But we ports and commodity prices, the con- add—an immediate opportunity to ne- also know that a Government decision ferences bill creates a program better to pursue trade liberalization can have gotiate trade pacts that will bring new suited to the unique situation of trade- adverse consequences for some. As jobs home to America and help in- impacted agricultural producers. creases the demand for American goods President Kennedy recognized in 1962, The Senate bill actually included two abroad. we, as a government, have an obliga- separate programs—one specifically for Not only will passage of this legislation ‘‘to render assistance to those who independent fishermen and one for tion expand the Administration’s abil- suffer as a result of national trade pol- farmers, ranchers, and other agricul- ity to negotiate, and for Congress to icy.’’ tural producers. The conference report review, trade agreements, the trade ad- The trade adjustment assistance pro- eliminates the separate program with justment assistance provisions will gram has been around for 40 years. Dur- dedicated funds for fishermen. But that provide re-training and health care ing that time, it has quietly helped does not mean fishermen are excluded benefits to those workers who lose thousands of trade-impacted workers from TAA. As agricultural producers, their jobs due to foreign trade. We in to retrain and make a new start. But they are still able to participate in the Utah, home of Geneva steel—where the program has also been criticized for general TAA for farmers program. 1,600 workers and their families are being too complicated, underfunded, Taken together, these expansions in struggling due to the fact that unfair and available to too few workers. eligibility are likely to result in tens dumping of foreign steel has caused the This conference report will go a long of thousands of additional workers re- plant to cease production—known full way toward solving these problems and ceiving TAA benefits every year. More- well that, while most will gain through making TAA work better for working over, the benefits that they receive will trade, inevitably some will lose out and Americans. Does it have everything in be better than ever before in several need transitional assistance. This bill it that I could have wished? To be hon- ways. provides $12 billion of such assistance est, no. That is the nature of com- Most importantly, the TAA provi- over 10 years. promise. But overall, I think we have sions include health care coverage for This legislation will also reauthorize done very well indeed. So let me know displaced workers for the first time in the Andean Trade Pact that expired run through some of the most impor- the program’s history. Workers eligible last December. From my work on the tant provisions in the conference re- for TAA will receive a 65 percent Judiciary Committee, I can tell you port. advanceable, refundable tax credit that that this is a vital trade pact as we First, the conference report expands can be used to pay for COBRA cov- help wean these nations away from the number of workers eligible for TAA erage, or a variety of state-based group economic dependence on the illicit benefits in several ways. Like the Sen- coverage options. drug trade. I want to associate myself ate bill, the conference report covers The credit could not be used for the with the remarks of Senator MCCAIN secondary workers where the loss of purchase of individual health insurance on the importance of passing the ex- business with the primary firm ‘‘con- unless the worker had a private, non- pired Andean Trade Pact before some tributed importantly’’ to job losses at group policy prior to becoming eligible South American economies topple. the secondary plant. In addition, where for TAA. The health care credit is This is a good bill. It is legislation a secondary plant supplies 20 percent of available to workers for as long as they that will have both short-term and more of its sales or production to the are participating in the TAA program.

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00010 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 1, 2002 CONGRESSIONAL RECORD — SENATE S7827 The conference report also improves Mr. GRASSLEY. Mr. President, this along with Angela Marshall Hofmann, coverage by extending income support is a historic day. I am very proud of Tim Punke, Ted Posner, Shara Aranoff from 52 to 78 weeks for workers com- what we have accomplished. The Trade and Andy Harig. pleting training. It adds a further 26 Act of 2002 will soon be sent to the A sincere thank you also must be weeks of training and income supports President’s desk for his signature, and given to Polly Craighill from the office for workers who must begin with reme- America will once again take a leader- of the Senate Legislative Counsel, for dial education such as English as a sec- ship role in promoting international her patience and expertise in drafting ond language. To pay for this addi- trade in the world economy. this legislation. tional training, the annual training Let me briefly highlight the impor- We can all be proud of this accom- budget is doubled from $110 million to tant provisions in this bill. First and plishment, and I look forward to the $220 million. most momentous, we restored the President signing it into law. For older workers, the conference re- President’s ability to negotiate strong Mr. BACUS. Mr. President, as we dis- port offers wage insurance as an alter- trade deals, and send them back to cuss the Andean Trade Preferences native to traditional TAA. Workers Congress for an up or down vote. This Act, it is important to note that for an who qualify and who take lower-paying authority has been absent for far too Andean nation to qualify for trade ben- jobs can receive a wage subsidy of up to long, and I see this as one of the great- efits it must fulfill seven mandatory 50 percent of the difference between the est successes of this Congress. criteria. I want to focus on one of those old and new salary—up to $10,000 over Second, we renewed and expanded criteria in particular. I am referring to two years. The goal is to encourage on- preferences for our important allies in the requirement that a country act in the-job training and faster re-employ- the Andean region, which will help to good faith in recognizing as binding ment of older workers who generally eradicate the drug trade that threatens and in enforcing arbitration awards in find it difficult to change careers. their stability, and our health and safe- favor of United States citizens and The Senate bill included a two-year ty. companies. 19 U.S.C. 3202(c)(3). I focus wage insurance pilot program. The con- Next, we reauthorized both the Gen- on this requirement, because it has ference report improves on the Senate eralized System of Preferences, which come to my attention that a number of bill in two ways—by making the pro- expired last year, and the Customs ATPA countries may have failed to gram permanent, and by providing Service. And last of all, we renewed honor arbitration awards in favor of TAA health benefits to workers under and expanded the Trade Adjustment U.S. companies. To attract foreign investment, ATPA the program if the new employer does Assistance program for workers who beneficiary countries need to create a not provide health insurance. become displaced by trade. hospitable investment climate. Hon- There are other enhancements to Thank you to my colleagues who oring arbitration awards is a funda- benefits as well. Job search and reloca- helped make this happen. I would like to commend my colleague and friend, mental component of this climate. tion allowances are increased. The au- This matter is sufficiently important Senator BAUCUS for his leadership and thorization level for the TAA for firms that the Finance Committee drew spe- keeping his word that we would get program is increased from $10 million cial attention to it in its report on the to $16 million annually. And the Con- this done. Thank you also to Senator Andean Trade Preference Expansion ference Report improves on the Senate HATCH who has been an instrumental Act Report Number 107–126. In that re- bill by providing TAA health care bene- ally in the Conference Committee as port, the Committee identified several fits for up to 2 years to workers receiv- well as on the Finance Committee, and specific cases in which we understand ing pension benefits from the Pension thank you to Senator HATCH’s staff that Andean countries had failed to Benefit Guarantee Corporation. members Bruce Artim and Chris Camp- honor arbitration awards in favor of Finally, in addition to expanding bell for their hard work. Senator PHIL U.S. companies. Some of these cases benefits and eligibility, the conference GRAMM was also a great help in getting have remained unresolved for far too report makes a number of improve- us to this point, along with Amy long. I urge those countries seeking to ments that streamline the program. Dunathan from his trade staff. They qualify for enhanced benefits to resolve Like the Senate bill, the conference re- were key in helping to negotiate a deal these situations promptly. port consolidates the existing TAA and when this legislation was first brought I urge my colleagues to join me in NAFTA–TAA programs. This elimi- to the Senate floor. emphasizing the importance of ATPA nates bureaucracy and confusion and Next, I would like to thank my staff, beneficiary countries’ honoring arbi- saves workers the trouble of applying who have been dedicated and focused tration awards in favor of United to two separate programs. on passing TPA for the past couple of States citizens and companies. I urge The conference report also shortens years. This is a great success, and I am the President and the U.S. Trade Rep- the time in which the Secretary of happy to share it with them. I would resentative to examine this matter Labor must consider petitions, extends like to thank the Staff Director of my very closely in determining whether to permissible breaks in training so work- Finance Committee staff, Kolan Davis, give enhanced benefits to the ATPA ers don’t lose income assistance during Chief Trade Counsel Everett countries. semester breaks, and provides com- Eissenstat, and Trade Counsel Richard I also want to address briefly a provi- mon-sense training waivers for all Chriss. This would not have happened sion in the conference report con- workers. if it were not for their incredible work cerning negotiations left over from the Taken together, these are extraor- ethic and knowledge, along with the Uruguay Round of world trade negotia- dinary improvements in the Trade Ad- hard work and support of trade staff tions. Specifically, section 2102(b)(13) of justment Assistance program. They members Carrie Clark and Tiffany the conference report concerns certain will make the program fairer, more ef- McCullen Atwell. ‘‘WTO extended negotiations.’’ One of ficient, and more user friendly. Over My Finance Committee health and these is negotiation on trade in civil the past year and longer, I have worked pension staff also played an important aircraft. The conference report incor- hard—with the help of many colleagues role in this process. Thank you to Ted porates by reference the objectives set on both sides of the aisle—to raise the Totman, Colin Roskey and Diann forth in section 135(c) of the Uruguay profile of TAA. All along, my message Howland for helping us navigate Round Agreements Act 19 U.S.C. has been that if we want to rebuild the through the complex health and pen- 3355(c). When the URAA was enacted, center on trade, improving Trade Ad- sion issues in the Trade Adjustment the objective set forth at section 135(c) justment Assistance is the right thing Assistance section of the bill. was elaborated on in the accompanying to do. Senator BAUCUS had a good staff statement of administrative action. It I am proud of how far we have come helping him as well. And I would like is my understanding that in incor- toward that goal. I am proud of this to thank them for their hard work and porating by reference section 135(c) of conference report. I urge my colleagues long nights that went into making this the URAA, Congress also is re-affirm- to support the conference report and happen. Senator BAUCUS’ staff was led ing the corresponding provisions from send this historic legislation to the by John Angell and Mike Evans, and the statement of administrative ac- President this week. his trade staff was led by Greg Mastel, tion. This understanding is consistent

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00011 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7828 CONGRESSIONAL RECORD — SENATE August 1, 2002 with the explanation in the Finance fective enforcement. As I understand achieve the initial compromise that Committee’s report on H.R. 3005 Report it, the Galapagos National Park Au- got us into the conference . . . and Number 107–139. thorities actually captured the El Do- then helping find the compromise that Mr. BAUCUS. I further want to ad- rado and took videotape of the inci- got us out . . . with this agreement. dress an aspect of the Andean Trade dent. The Captain of the Port, an offi- And, finally, I want to say a special Preference Act, which forms part of the cial of the Ecuadorian navy, fined the word of thanks to Senator ROCKE- Trade Act of 2002. The Andean Trade El Dorado’s captain four cents. I think FELLER for his work in the conference. Preference Act grants duty-free access we can all agree that a fine of 4 cents He was an incredibly strong and pas- to certain tuna products from the An- does not even amount to a slap on the sionate advocate for the health care dean countries. Let me first say that I wrist. We are waiting to see if the Ec- provisions and the entire worker pack- support the objective of the Andean uadorian Government will take addi- age. He did the workers of West Vir- Trade Preference Act to encourage the tional steps to further prosecute this ginia, and this country, proud. Andean countries in promoting eco- case. I stand in strong support for this nomic development and fighting the I also believe that the El Dorado inci- trade legislation for three fundamental drug trade. I am concerned, however, dent is not an isolated case. I under- reasons: that some tuna imported into the stand that when the Galapagos Na- First, in this time of economic uncer- United States under this preference tional Park authorities found the El tainty, it sends a strong message to the program may not be legally harvested. Dorado, they were in search of another American people and to the markets of A case was recently reported in the vessel that had been fishing illegally in the world that nothing is going to stop news in which the El Dorado, a Colom- the Galapagos Marine Reserve. us from seizing the opportunities of the bian-flagged vessel working for the Ec- The Andean Trade Preference Act re- global economy. uadorian company Inepaca, one of the quires the U.S. Trade Representative Second, it makes sure that while we largest fish processing facilities in to report to Congress biannually on advance trade, we do not trade away Latin America, was caught fishing ille- beneficiary countries’ compliance with the values on which prosperity is built: gally in Ecuador’s Galapagos Marine the eligibility criteria under the Act. that every American should have the Reserve. Industrial fishing in the re- As chairman of the Finance Com- opportunity to succeed. serve is prohibited under Ecuadorian mittee, I will be asking the U.S. Trade Third, this bill sends a strong mes- law. The Galapagos Marine Reserve is a Representative to include in its bian- sage to the nations of the world, globally significant area that was rec- nual reports a discussion of the extent friends and enemies alike—that the ognized earlier this year as a UNESCO to which beneficiary countries are en- United States of America will not World Heritage Site. forcing their environmental laws, in- shrink from our responsibilities as a In addition, the report stated that cluding the prohibition on industrial global economic leader. the vessel was illegally fishing for tuna fishing in the Galapagos Marine Re- These are uncertain economic times. using a method known as dolphin en- serve, and complying with their inter- Americans have seen their confidence circlement. This technique is per- national obligations under the Agree- in corporate governance shaken. The mitted under international law only if ment on the International Dolphin resulting decline in the stock market its carried out in compliance with dol- Conservation Program. has hurt pensions and savings. Fami- phin protection requirements imposed I also note that under section lies are wondering how they’re going to through the Agreement on the Inter- 2102(c)(4) of the conference report, the afford a child’s college tuition, or their national Dolphin Conservation Pro- President is required to conduct envi- own retirement. gram and other associated legal re- ronmental reviews of future trade and This fear plays itself out against the quirements. The El Dorado reportedly investment agreements and to report backdrop of an economy struggling to was not authorized to fish using this to the Finance Committee and the re-emerge from recession, and a gov- House Committee on Ways and Means. method. As a result, dolphins were ernment that has seen one of the most It is my expectation that these reviews trapped in the net, and over 60 dolphins dramatic fiscal reversals in history. will take into account the extent to were either killed or injured. It con- The historic accounting reform bill which trade agreement partners are ef- cerns me that some of the tuna that we passed unanimously last week—and fectively enforcing their environ- will be coming into the United States that the President signed on Tuesday, mental laws. duty free under the Andean Trade Pref- Mr. DASCHLE. Mr. President: for too will help restore integrity to our cap- erence Act may be caught in the same long, Congress has been deeply divided ital markets. This trade bill is another important way—illegally, and without respect for between those who argued that free dolphins and other marine life. trade has no downside, and others who step in restoring strength to our econ- I raised this issue during the con- said it is a complete disaster. omy. ference on the trade bill. I am con- As a result, we did not give the Presi- No nation is better suited or better cerned about our environmental and dent the authority to aggressively pur- prepared to benefit from global trade. trade policies being mutually sup- sue new markets for American goods We have the best-educated workers and portive. As my colleagues know, the and services, nor did we do enough to most productive workforce in the conference report also sets out the help the workers who were being hurt world, the most mature economy, the overall trade negotiating objectives of by trade. most developed infrastructure. We are the United States. Those objectives in- Today we stand on the verge of rec- in a position to seize the high-skill, clude ensuring that trade and environ- ognizing in law a basic truth: our econ- high-wage jobs generated by open glob- mental policies are mutually sup- omy as a whole benefits enormously al markets, so long as we don’t turn portive, and seeking to protect and pre- from expanded global trade. But some our backs on them. serve the environment and enhance the workers, due to no fault of their own, Just as we can’t turn our backs on international means of doing so, while are hurt by it. trade, we can’t turn our backs on the optimizing the use of the world’s re- We could not have reached this point hard-working American families who sources. Moreover, the conference re- without the leadership shown by Chair- have had their lives ruined by the import makes it a principal negotiating man BAUCUS. Simply put, Senator BAU- personal forces of trade. objective to ensure that a party to a CUS engineered an agreement that few It can be devastating to a family trade agreement with the United thought was possible. I have no doubt when a parent loses his or her job be- States does not fail to effectively en- our nation will be stronger because of cause a factory closes down or moves force its environmental laws in a man- it. away. That devastation can turn to ner affecting trade. I want to thank Senator GRASSLEY, real fear if losing that job means losing I would like to emphasize that, ac- the Ranking member, and Senator health insurance. cording to reports, the El Dorado inci- HATCH on the Republican side for their The reality is that the jobs we gain dent was not a case where the govern- work in crafting a bipartisan bill. from trade do nothing to compensate ment simply didn’t know about the I want to thank Senator BREAUX, the men and women who have lost violation. This was a case of truly inef- who worked so effectively to help us their jobs because of trade.

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00012 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 1, 2002 CONGRESSIONAL RECORD — SENATE S7829 That’s why, for the first time, this effort to reduce barriers to trade be- proves its environmental standards and legislation provides a 65 percent tax tween the United States and Bolivia, that improvement results in some credit to help trade dislocated people Colombia, Ecuador and Peru. It was monetary loss for the foreign investor. keep their health coverage. This rep- first passed in 1991 as part of a com- That would discourage developing na- resents a significant step in providing prehensive effort to defeat narco-traf- tions from improving their environ- families with a greater sense of secu- ficking and reduce the flow of cocaine mental standards out of fear of being rity. into the United States. sued. That is not fair trade, it is only This bill also makes a number of ad- The program has already established trade that benefits the powerful. ditional improvements over our cur- a record of success. This bill will push down the wages rent system: According to the International Trade and protections of our workers by forc- Under our current TAA program, Commission, between 1991 and 1999, ing them to compete with workers who benefits are available only to those in- tow-way trade between the U.S. and go unprotected abroad. It fails to pro- dustries that are ‘‘directly’’ affected by Andean nations nearly doubled, and vide U.S. trade negotiators with clear trade. U.S. exports to the region grew by 65 instructions that the U.S. not engage For example, workers at an auto- percent. in new trade agreements with coun- mobile plant that closes down due to a The ITC also reports that ATPA has tries who are unwilling to provide their flood of imported cars will qualify for contributed significantly to the diver- workers with the following core labor help. But workers at a parts supplier sification of the region’s exports, which standards—freedom of association and that’s right across the street, and that means that farmers in a region that the right to bargain collectively, the closes as an inevitable consequence of produces 100 percent of the cocaine elimination of forced labor, the aboli- the auto plant’s shut-down, are out of consumed in the U.S. now have viable tion of child labor, and the elimination luck. economic alternatives to the produc- of discrimination in employment. Now, for the first time, ‘‘secondary’’ tion of cocoa. Without a commitment to these stand- workers and farmers will be eligible for That’s the positive power trade can ards, and this TPA has made no com- training and other kinds of assistance. have, and that is why, as part of this mitment to these standards, we will This bill also includes ‘‘wage insur- bill, we renew and improve the Andean not have fair trade. ance,’’ a time-limited stipend that re- Trade Preferences Act. Most disturbing, the conference com- places some of a dislocated worker’s The word ‘‘trade’’ has its roots in an mittee dropped the Senate-passed Day- lost income if he or she takes a lower old Middle English word meaning ton-Craig language on protecting U.S. paying job. ‘‘path,’’ which is connected to the word trade laws. As a result, there will be no Instead of an unemployment check, ‘‘tread’’, to move forward. reliable mechanism to keep our domes- these workers would receive a subsidy This trade package will enable us to tic trade laws from being weakened or when they take a lower paying job. move forward in this new global econ- eliminated in upcoming trade negotia- This new approach will encourage this omy in a way that strengthens our nations. This provision passed the Senate group to get back into the workforce tional security, and the economic secu- by a wide margin and the conference and help them try to sustain their rity of American businesses and fami- committee’s rejection of it is dis- standard of living as they approach relies on both sides of the trade issue. appointing. tirement. I urge my colleagues to support it. The Trade Adjustment Assistance Last year, we passed an important Mrs. BOXER. Mr. President, there is (TAA) package for workers who lose education reform bill. We agreed then free trade, no trade, and fair trade. I work because of changing trade pat- that we would ‘‘leave no child behind.’’ am for fair trade. And I am also for re- terns is also inadequate. In particular, Now we need to make sure we leave no specting the role of Congress in design- service workers were left out the TAA. worker behind. ing public policy. The Trade Promotion And I was blocked from amending the By strengthening the safety net for Authority package we are voting on bill to make truckers who will lost those who are hurt by trade, our Trade today will not result in fair trade and their job as a result of trade eligible for Adjustment Assistance proposal will it cedes too much power to the Presi- TAA. help us remedy America’s other trade dent. We should have done better. This deficit, the deficit of support for the I do not believe in giving a President TPA bill cedes too much authority to workers here in America who have carte blanche to write trade legisla- the President and the trade agreements been hurt by trade. tion. I do not want to grant him the that will result from it will not be fair Finally, passage of this bill will re- right to negotiate away protection for to workers and the environment. assert American leadership in the American workers and the environ- Mr. BAUCUS. Mr. President, I rise world. We are the freest, wealthiest, ment. today to discuss the trade law provi- and most powerful country in the Imagine if the President could have sions in the conference report. world. It is in our interest and it is our proposed a corporate accountability But before I begin, I first want to responsibility to demonstrate global bill and the Congress would have had thank the senior Senator from Idaho, economic leadership, especially in only an up or down vote. Would we who spoke earlier today on this issue. these troubled times. have passed legislation as strong as the He and I have worked very hard to- At a time, when many around the legislation the President signed? We gether over the years to defend our fair world are doubting our commitment to are about to debate pension reform leg- trade laws. I think every industry that multilateral action, this legislation islation. Should we ask the President faces unfair foreign trade practices says that the United States will be a to make a proposal and then vote up or owes a great deal of gratitude to Sen- leader in the effort to establish strong- down on that proposal? Clearly not. It ator CRAIG for standing up for fair er global trade ties. is our responsibility to work with the trade. Expanding trade is not solely about Executive branch of government to de- I want to thank both Senator CRAIG economic leadership, it also offers na- sign policies that respect our constitu- and Senator DAYTON for their tireless tional security and foreign policy bene- ents. efforts during the Senate debate on the fits. When it is done correctly, trade The Trade Promotion Authority leg- trade bill. opens more than new markets; it opens islation fails American workers and Although the Dayton-Craig amend- the way for democratic reforms. It also fails to address the need for smart en- ment was modified during the con- increases understanding and inter- vironmental protections. In short, TPA ference process, I can say without hesi- dependence among nations, raises the could result in trade agreements that tation that this fast track bill contains cost of conflict, and alleviates the are free from environmental and are in stronger protections for U.S. trade global disparities in income and oppor- no way fair. And it would preclude us laws than any fast track bill we have tunity that terrorists seek to exploit in from amending future trade agree- ever had. And we have those strong order to advance their own deadly ments to make them fair. protections in large part because of aims. Let me be more specific. Senator CRAIG and Senator DAYTON. For example, the Andean Trade Pref- This bill will allow a company to sue Now, there have been a lot of ques- erences Act, ATPA was designed as an a developing nation if that country im- tions about the trade law provisions

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00013 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7830 CONGRESSIONAL RECORD — SENATE August 1, 2002 contained in this legislation, so I want regarding trade laws are not heard, I step backwards from what the Senate to take a minute to spell them out in expect Congress would quickly derail passed. some detail. an agreement. I did not support the Senate version The conference bill protects U.S. Second, this bill seeks to improve of this bill because it would not allow trade laws in two ways. First, it seeks dispute settlement in the World Trade Congress to amend a trade agreement, to ensure that U.S. negotiators do not Organization. Our trading partners are even to improve it to make sure it was sign agreements that weaken our laws. now engaged in a systematic attempt in the best interests of U.S. workers, Second, it seeks to ensure that our to weaken our trade laws through industry, or agriculture. It also did not trade remedy laws are not further harassing WTO litigation. They are go far enough to encourage the adop- weakened by WTO dispute panels—and seeking to achieve through dispute res- tion of internationally accepted labor it seeks to remedy some recent deci- olution what they could not achieve in standards or protect the environment. sions that have undermined these laws. negotiations. It did not ensure that U.S. products Importantly, the legislation makes The conference bill seeks to address would have fair access to foreign mar- protecting our U.S. trade remedy laws this problem in several ways. Like the kets in exchange for granting access to a principal negotiating objective. The Senate bill, the conference bill includes our markets. I cannot support a bill bill instructs trade negotiators to pre- an overall negotiating objective in- that is significantly weaker than the serve the ability of the United States structing trade negotiators to Senate bill. to enforce rigorously its trade laws, strengthen international dispute set- Granting the President broad ‘‘fast and it provides that the U.S. should not tlement. track’’ authority to negotiate trade enter into agreements that weaken In addition, the conference bill con- agreements means Congress must those laws. tains a principal negotiating objective adopt a law to implement any trade I will be inserting for the record what instructing negotiators to seek adher- agreement on a straight up or down is considered to be a weakening of the ence by dispute settlement panels to vote, without the ability to offer trade laws. I fully anticipate that the the relevant standard of review appli- amendments. I believe in free trade. I administration will take these con- cable under the WTO, including greater supported the Jordan Free Trade cerns seriously. deference to the fact-finding and tech- Agreement, the Vietnam Free Trade In addition, the bill also contains a nical expertise of national inves- Agreement, and granting China Perma- principal negotiating objective in- tigating authorities. nent Normal Trade Relations, PNTR. structing trade negotiators to address That means that these panels should But I am reluctant to give up the Con- and remedy market distortions that not be inappropriately second-guessing gressional right to amend trade legisla- lead to dumping and subsidization, in- the U.S. International Trade Commis- tion, sight unseen. When we do that, we cluding overcapacity, cartelization, sion or the Department of Commerce. are throwing away one of the most effective tools in forcing fairer trade and market-access barriers. In addition, the conference bill in- This bill also ensures that Congress cludes a finding expressing Congress’s practices. This fast track bill is significantly is a full partner when it comes to the concerns about these recent bad deci- flawed because it does not ensure that issue of U.S. trade laws. The conference sions. In particular, the finding notes future trade agreements will protect bill requires the President to notify Congress’s concern that dispute settle- human rights and labor and environment panels appropriately apply the Congress of proposed changes to U.S. mental standards. Nor does it require trade laws 6 months in advance of com- WTO standard of review. that fair trade practices are included in Under the conference bill, the Sec- pleting an agreement. future trade agreements. This will give Congress a chance to retary of Commerce must provide a re- I am disappointed that conferees comment on proposed changes before port by the end of this year setting dropped my amendment that would an agreement is final—while there is forth the administration’s strategy for make it a principal negotiating objec- still an opportunity to fix the agree- addressing these concerns. Fast track tive of the United States to reduce bar- ment. procedures will not apply to legislation riers in other countries to U.S. autos The President’s report will trigger a implementing a WTO agreement if the and auto parts, especially in Japan and process allowing a resolution on wheth- Secretary does not provide the report Korea where American autos and auto er the proposed trade law changes are in a timely manner. parts have been all but shut out for consistent with negotiating objectives. I plan to submit for the record a list decades. Surely, one of our chief objec- After the President submits the re- of WTO cases that raise particular con- tives should be increasing our prod- port, any Member of either House may cerns. ucts’ access to markets which are introduce a resolution stating that the In closing, let met simply say this: closed or partially closed to us. proposed changes to U.S. trade laws are The Senate has made its views on trade Other countries have full access to inconsistent with the negotiating ob- laws very clear. Last year, 62 of my our market for their autos and auto jective that requires no weakening colleagues joined me in sending a let- parts. We should insist that foreign changes. ter noting that the Senate would not markets are equally open to our autos That resolution is referred to the tolerate agreements that weakened our and auto parts. The conference report House Ways & Means Committee or the trade laws. makes it a principal negotiating objec- Senate Finance Committee. If the com- And during the Senate debate, 61 tive to expand trade and reduce bar- mittee reports the resolution, it will Senators re-emphasized their support riers for trade in services, foreign in- receive privileged consideration on the for trade laws by passing the Dayton- vestment, intellectual property, elec- floor. Craig amendment. tronic commerce, agriculture, and I fully expect to bring such a resolu- There can now be no doubt about the other sectors. Yet the biggest portion tion, if introduced, to the Finance Senate’s resolve on this issue. Agree- of our trade deficit is in autos. In 2001, Committee for consideration. I will not ments that weaken our trade laws—in our automotive deficit made up over 31 bottle up a meritorious resolution in any way—simply will not pass. And the percent of our total trade deficit with the Committee. procedures in this fast track legisla- the world. In 2001, our automotive def- While committees may only report tion should underscore that point. icit was 59 percent of our total trade out only one resolution per agree- Mr. LEVIN. Mr. President, I opposed deficit with Japan and 53 percent of our ment—either a resolution regarding the Senate fast track bill even though total deficit with Korea. I don’t believe U.S. trade laws or a so-called reverse it was an improvement over the House that the Senate should approve an om- fast track resolution—I would note fast track bill. Unfortunately, the con- nibus trade bill without addressing bar- here that fast track procedures area ference report we are considering today riers to our products which are the considered to be rules of the House and has gutted many of the improvements largest contributors to our trade def- Senate. made in the Senate. I felt the Senate icit. Unfortunately, this flawed bill The Constitution is quite clear that bill did not go far enough. The fast does not meet this criterion. either body may change those rules at track conference report we are being Unfortunately, America’s trade pol- any time. And if Congress’s concerns asked to vote on today is a significant icy over the past 30 years has been a

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00014 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 1, 2002 CONGRESSIONAL RECORD — SENATE S7831 one way street. The U.S. market is one to Canada. Three hundred employees of may not retaliate against a trading of the most open in the world, yet we Eagle Ottawa Leather in Grand Haven partner that lowers or weakens its have failed to pry foreign markets who made leather for automobile inte- labor or environmental laws. equally open to American products. riors saw their jobs moved to Mexico. This language undercuts our ability Some of the trade agreements the U.S. The list of NAFTA-TAA certified job to negotiate strong labor and environ- has entered into have fallen far short losses goes on and on. These job losses mental standards in future trade agree- of opening foreign markets. To ensure didn’t result from a level ‘‘playing ments because our trading partners that future trade agreements better field’’. These job losses resulted from a know we can’t enforce what we nego- promote free and fair trade, Congress ‘‘playing field’’ tilted against us. tiate through the use of sanctions and must not give up its ability to amend We’ve lost too many manufacturing the dispute settlement process. the legislation implementing those jobs because our trade policies have American workers already compete agreements. been so weak over the decades. I’ve al- against workers from countries where I have fought hard to strengthen U.S. ways believed that when countries wages are significantly lower than in trade laws to help open foreign mar- raise barriers to our products that we the United States. Our workers kets to American and Michigan prod- ought to treat them no better than shouldn’t also have to compete against ucts such as automobiles, auto parts, they treat us. Fast track authority countries that gain an unfair compara- communications equipment, cherries, makes it more difficult for Congress to tive advantage because they pollute apples, and wood products. Unfortu- insist on fair treatment for American their air and water and won’t allow nately, without the ability of Congress products and equal access to foreign their workers to exercise fundamental to amend and improve trade agree- markets. rights. ments we will not always get the best Calling NAFTA a free trade agree- The United States enacted environ- deal for American products, if past his- ment was an oxymoron. NAFTA pro- mental standards that protect our air tory is any guide. tected Mexican industries and it gave and water. We have enacted labor The North American Free Trade special treatment to certain U.S. in- standards that allow for collective bar- Agreement, NAFTA, enacted January dustries. For example, leather products gaining and the right to organize, that 1, 1994, is a good example of a trade and footwear got the longest U.S. tariff prohibit the use of child labor, and pro- agreement negotiated under ‘‘fast phase out, 15 years, and NAFTA in- vide protections for workers in the track’’ authority. It contained provi- cluded safeguard provisions against im- work place. These are desirable stand- sions allowing Mexico to protect its port surges in these sectors. Agricul- ards that we worked hard to get. We auto industry and discriminate against tural commodities and fruits and vege- should not force American workers to compete against countries with no U.S. manufactured automobiles used tables, including sugar, cotton, dairy, such standards or protection for its cars and auto parts for up to 25 years. peanuts, oranges, also got a 15-year It allowed Mexico to require auto man- workers. U.S. tariff phase out, a quota system, The Senate tried to improve this fast ufacturers assembling vehicles in Mex- and the reimposition of a higher duty if track legislation to address some of the ico to purchase 36 percent of their imports exceed agreed-upon quota lev- concerns I’ve outlined. I supported parts from Mexican parts manufactur- els. It’s clear that those who were rep- many of these efforts. Unfortunately, ers. It also extended for 25 more years resented at the negotiating table were many of the strengthening provisions the Mexican law against selling used able to strike favorable deals to pro- added in the Senate were dropped in American cars in Mexico, a highly dis- tect certain industries and products. conference. The Dayton-Craig provi- criminatory provision against U.S. That is not free trade. sion was dropped. This amendment autos. NAFTA was not the only trade agree- would have allowed the Senate to have When NAFTA was presented to Con- ment that included specially tailored a separate vote on any provision of a gress, it was an agreement which dis- provisions for certain products. The trade agreement that would change or criminated against some of the prin- trade bill we are being asked to vote on weaken U.S. trade remedy laws. In- cipal products that are made in Michi- contains special provisions to protect stead, the conference report moves gan. I surely could not vote for the bill textiles, citrus, and some other spe- rhetoric from another section of the the way it was written, nor could I try cialty agriculture commodities. bill regarding Congressional intent not to amend the bill because the ‘‘fast I believe that writing labor and envi- to weaken U.S. trade remedy laws to track’’ authority the President had at ronmental standards into trade agree- the principal negotiating section. This that time prohibited implementing leg- ments is an important way to ensure is a much weaker provision than allow- islation from being amended. Con- that free trade is fair trade. Regret- ing the Senate an up-or-down vote on sequently, after NAFTA was enacted, tably, this legislation does not ensure whether to weaken our trade laws or the U.S. went from a trade surplus of that international labor and environ- not. $1.7 billion in 1993 to a trade deficit of mental standards will be present in This conference report fails to ad- $25 billion with Mexico in 2000. Over trade agreements. We need trade agree- dress these concerns. The weak fast the same period, our trade deficit in- ments with enforceable labor and envi- track bill we are voting on today is all creased from $11 billion to $44.9 billion ronmental provisions but this bill does the more reason Congress should not with Canada. Since NAFTA was en- not provide for it. give up its role under the Constitution. acted, the automotive trade deficit This is particularly unfortunate We should keep all the tools available with Mexico has reached $23 billion. given that Congress is already on to fight for free and fair trade, includ- Moreover, between January 1994, and record supporting strong labor and ening the Congressional right to amend early May 2002, the Department of vironmental standards in trade agree- and improve a trade agreement. To do Labor certified that over 400,000 work- ments. The Senate passed the Jordan less than that is not doing justice to ers lost their jobs as a result of in- Free Trade Agreement on September our nations workers, manufacturers, creased imports from or plant reloca- 21, 2001; it broke new ground in its farmers or small business. tions to Mexico or Canada. These job treatment of labor and environmental Mr. BINGAMAN. Mr. President, I rise losses occurred all over the county and standards in trade agreements. For the today to discuss the Trade bill that is in and around Michigan. For example, first time, a trade agreement required being considered on the Senate floor. I 27 employees from the Blue Water that the parties to the agreement re- will keep my comments short, as I Fiber Company in Port Huron who pro- flect the core internationally recog- know others wish to speak on the issue. duced pulp for paper lost their jobs as nized labor rights in their own domes- I want to begin by emphasizing the a result of NAFTA imports. One hun- tic labor laws. positive. We have come a long way to dred and twenty-nice employees of The conference report does not re- where we are today on trade adjust- Alcoa Fujikura Limited in Owosso who quire countries to implement the core ment assistance. The provisions in the made electronic radio equipment lost ILO labor standards. It only requires conference report are far better than their jobs to Mexico; 1,133 employees of them to enforce their existing labor what exists in current law. I want to the Copper Range Mine in the UP lost laws, however weak they may be. It thank all my colleagues for their sup- their jobs when operations were moved also specifically states that the U.S. port on trade adjustment assistance,

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00015 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7832 CONGRESSIONAL RECORD — SENATE August 1, 2002 and I want to thank the Administra- the people that are negatively affected during a period of expanded trade and tion for finding a path to compromise by trade, and that is, I am afraid, inap- the successful completion of trade on this very important legislation. propriate and equally long-overdue. Of deals, that expanding international But I also want to take this oppor- equal significance, it does not guar- trade generally and expanding markets tunity to say that this conference re- antee that the people who are covered for American products in particular is port does not go nearly far enough in by trade adjustment assistance get the good for the United States. terms of what needs to be done. In fact, efficient, effective, and prompt services With every step down the road to- on trade adjustment assistance, I they deserve. These assurances are no- ward a freer, more open international would have to say that the end result where to be found in the bill. This is trading system, I believe that the risks in many respects misses the point of unfortunate and unsatisfactory, as it is are becoming greater and the rewards what my original bill tried to do. the fundamental reason that I wrote are less clear. In short, there were four goals to the the trade adjustment assistance legis- The risks we face—to our own work- original bill: lation in the first place. ers’ ability to control their destinies, First, we wanted to combine existing Although we have come a long way to the peoples of our new trading part- trade adjustment assistance programs on trade adjustment assistance, we ners, to the global environment—are and harmonize their various require- have a longer way to go, and it is my growing as we expand trade deals into ments so they would provide more ef- intention to revisit this issue in the regions of the world that lack many of fective and efficient results for individ- 108th Congress. I introduced this trade the fundamentals needed for a balanced uals and communities; second, we adjustment assistance bill, I will intro- trade relationship. wanted to recognize that trade fre- duce another in the next Congress, and The rewards from moving deeper into quently has regional impacts and cre- I hope my colleagues will support it those less developed economies could ate a program to help communities; On the fast-track bill, let me say be substantial, for us and for them. But third, we wanted to encourage greater that here too we did not go as far as I I am afraid that without stronger pro- cooperation between Federal, regional, would have liked on a range of very im- tections, and those benefits may never and local agencies that deal with indi- portant issues: labor, the environment, materialize for the vast majority of the viduals receiving trade adjustment as- investment, and trade remedy laws. citizens of the poorest developing na- sistance; and fourth, we wanted to es- But that said, we have come farther tions. tablish accountability, reliability, than we ever have before in the past, At the same time, without strong speed, and consistency in the trade ad- and we have signaled to the adminis- protections for the men and women justment assistance program. tration and the international trade whose jobs—in some cases whose Each of these goals was created with community that we will not enter into towns, in many cases whose whole way the view that the system needed to be agreements that do not address these of life is at risk without protections for fair, equitable, accessible, and imple- issues directly. them, they, too, will see little or noth- mented similarly no matter where you As for the lack of ‘‘teeth’’ in the bill, ing of the benefits of freer trade. That is why I am going to vote lived in the country. From my perspec- I would have to agree to a certain ex- against the conference report before us tive, the bill that we have before us tent. That said, there are provisions in today, not because I expect it to be de- does not do this. this bill to ensure that Congress has feated, but because I fully expect it to Briefly, not all secondary workers, very significant input in the trade ne- pass, and I want to make it clear that shifts in production, and contract gotiation process. Moreover, Congress I, as one Senator, have gone about as workers are covered under this bill. has the option to withdraw fast-track far as I can go in my support of freer There are no TAA for community pro- authority if the administration does trade without some stronger assur- visions in this bill. The language that not consistently and honestly consult ances that the gains will outweigh the allowed the Senate Finance Committee with Congress on these key trade risks, and that those gains will be fair- to request the Department of Labor to issues. As far as I am concerned, the oversight provisions are the crux of the ly and efficiently distributed. initiate a certification is not in this I voted for many amendments to the bill. The language that compelled the matter, as without them, even the strongest language on labor, or the en- Senate fast-track bill, amendments Department of Labor to monitor the vironment, are meaningless. It is in- that would have provided some of the implementation of the program across cumbent upon Congress now to analyze assurances I am seeking. I voted for states is not in this bill. The language what occurs in trade negotiations and stronger protections for our State and that required the Department of Labor ensure that what is agreed to increases local environmental laws when they to submit an annual report to Congress high-wage jobs and American competi- are threatened by foreign firms. I voted is not in this bill. The language that tiveness. for stronger protections for labor and encouraged greater cooperation be- In sum, I think there are significant environmental standards in trade deals tween Federal, regional, and local problems with the trade bill, but not with developing nations. agencies on Trade Adjustment Assist- enough to warrant a vote in the nega- Even though those and other amend- ance is not in this bill. And the lan- tive. I think we have taken a strong ments were not adopted, I nevertheless guage that established accountability, step forward here in that this bill pro- supported sending the bill on to a con- reliability, and consistency in the vides us with the tools to increase the ference with the House. trade adjustment assistance program is economic security of the United Today we are voting on a bill that not in this bill. States. I don’t believe we help Amer- not only lacks those provisions, but I could go on, but this should give ican workers by sitting back and doing has weakened many of the important you an idea of the key components re- nothing on trade. Rather, I think it is improvements in the Trade Adjustment lated to administration and implemen- important that we take an active role Assistance Program that were con- tation of trade adjustment assistance in defining the terms of trade, and this tained in the Senate version. that were deleted in conference. I have bill allows us to do that. As we expand trade among the na- no idea why this occurred, as it seems The debate on the trade bill occurred, tions of the world, we are engaged in a to me these provisions would be accept- we have found a compromise, and now real-life experiment in economic the- able to Members on both sides of the it is time for the Administration and ory. I believe that expanding markets aisle. But I want to emphasize here and Congress to make trade work for the and opportunities are indispensable to now that these are not minor problems, American people. a better life for the people of our coun- as they are in fact the essence of Mr. BIDEN. Mr. President, in recent try as well as for the citizens of other whether trade adjustment assistance years, I have supported fast track leg- nations. works well, or just works. islation, I voted for NAFTA, for the Just as indispensable are political The fact of the matter is we have cre- last round of the GATT and the cre- rights, human rights, a healthy envi- ated a trade adjustment assistance pro- ation of the WTO. I supported China’s ronment—things that we cannot just gram that serves more people and that accession to the WTO. take for granted, things that aren’t is both appropriate and long-overdue. I am convinced by the overall funda- provided automatically by the invisible But the program still does not cover all mental performance of our economy, hand of the market.

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00016 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 1, 2002 CONGRESSIONAL RECORD — SENATE S7833 That is particularly true as we un- report. The underlying bill granting necessary since language is already in- dertake to integrate our developed the President authority to negotiate cluded in the bill to ‘‘preserve the abil- economy—as well as our system of po- trade agreements is critical. The prob- ity of the United States to enforce rig- litical and human rights, our strong lem is all of the other extraneous cost- orously its trade laws’’ and ‘‘avoid environmental protection standards, ly provisions in the trade assistance agreements that lessen the effective- our history and institutions of labor portion of the report. On balance, it ness of domestic and international dis- rights. has only been marginally improved ciplines on unfair trade.’’ We do ourselves no good, and the citi- during conference, and, in fact, one The next issue of concern to me in- zens of other nations no good, if we fail could argue that it has been made volved the many trade-adjustment as- to maintain those values in balance worse by the addition of a misguided sistance, TAA, provisions in the bill. with the real, tangible benefits of free and fiscally reckless new entitlement One such provision was the new ‘‘wage trade. program. insurance’’ entitlement, which would Because this new chapter in the his- When this bill last came before the provide a subsidy of up to $5,000 for tory of expanding trade presents so Senate, I outlined four main concerns, older TAA-certified workers who are many challenges, public opinion, here and said that how those issues were ad- subsequently employed at lower-paying and abroad, shows a deep concern dressed in conference would influence jobs. With no data supporting the effi- about the ultimate costs of global eco- my vote on the final version of the bill. cacy of such a proposal, this provision nomic integration. First, I said the conference report would create significant disincentives Of course, there are still those who would have to maintain the 2002–2006 for workers to forgo needed training or believe trade itself is the cause of most suspension of the 4.9 percent tariff on conduct a more intensive job search, of the world’s problems, and on the steam generators for nuclear power fa- likely resulting in workers choosing other side, there are those who blithely cilities. That was accomplished. Sec- lower paying and perhaps lower-skilled assume that expanded trade itself is ond, the conference report would have jobs with taxpayers liable for the dif- the highest goal. to remove the so-called Dayton-Craig ference. It is indeed unfortunate that I think we should listen to the com- language. That was accomplished. conferees were unable to remove this mon sense of the average citizen, both Third, it would need to either elimi- provision. Although the nature of the here and abroad. They understand the nate or substantially amend the lan- entitlement is altered somewhat, it re- benefits that can come from free mar- guage creating a ‘‘wage insurance’’ pro- mains deeply flawed. kets, but they hold other values, too. gram for workers age 50 and older who Another provision in this conference They want to maintain control over are certified under the Trade Adjust- report would provide an advanceable, their own fates, and the fates of their ment Assistance Program. That was refundable health-insurance tax credit families, their towns, their countries. not accomplished. Fourth, the con- to TAA-certified workers. Although They want to treat the environment ference report would have to make sig- the conferees agreed to lower this tax responsibly. nificant changes in the health-insur- subsidy from 70 percent to 65 percent, They want, to maintain some balance ance tax credit for TAA-certified work- the credit remains at an arbitrarily among the values they hold. ers. That was not accomplished, and high percentage of the premiums’ cost. So I will vote no today, in the knowl- arguably, the provision was made With one small exception, the credit edge that we will be granting this ad- worse. can only be used to subsidize the cost ministration and the next one the au- More specifically, the Senate-passed of company-based, COBRA, or pooled thority to negotiate and bring home bill and the conference report will sus- health-insurance policies. I believe important new trade deals, in a new pend for a period of five years the 4.9 that it is unfair for American tax- round of WTO talks, and in other key percent tariff on steam generators used payers, many of whom may not have areas. by nuclear facilities. These generators health insurance themselves, to pro- I hope they use this authority wisely, are not manufactured in the United vide such a generous health-insurance and that they treat the negotiating ob- States, so there is no domestic indus- subsidy. Under an extremely small ex- jectives we are giving them today as a try to protect through the imposition ception, individuals will be able to use floor and not a ceiling on the standards of tariffs. Tariffs should never be im- the credit for the purchase of an indi- they apply in their negotiations. posed on products that are not domes- vidual health insurance if the policy is If they do not, they should not bring tically manufactured, especially those bought at least one month before un- us trade deals for our consideration products that are critical for maintain- employment. This restriction makes under this fast track authority. Along ing the U.S. domestic supply of energy. the small exception for the purchase of with the authority we are granting the The existing tariff amounts to a individual health insurance nearly administration, we are providing our- ‘‘tax’’ of approximately $1.5 million per worthless. selves, in Congress with new oversight generator. Although ostensibly paid by Worst of all is the poison pill that of the progress of trade talks. utilities, the cost would actually be was added to the conference report. By We will use this new authority to passed on to ratepayers and consumers. expanding the eligibility for the health keep our negotiators on course. The In the case of the Palo Verde plant in tax credit to retirees receiving benefits slim margin in the House, and the vig- Arizona, the nation’s largest nuclear from defunct pension plans taken over orous debate on the Senate bill should power facility in terms of production, by the Pension Benefit Guarantee Cor- provide ample guidance about the the additional cost, due to the tariff, poration, PBGC, the conference report standards we will apply to any trade would be over $8.2 million for the six has taken a significant step backwards. deal negotiated under this authority. generators that it will need to import. Potentially, this provision could end We will continue to remind our nego- The tariff suspension will save rate- up covering individuals who worked for tiators of those concerns over the payers money, which is why it has companies that went out of business 20 three-year life of this authority. A 2- strong bipartisan support. I appreciate years ago. Today, these individuals will year renewal will not be automatic not the conferees maintaining this provi- be eligible for this new benefit. These in this new climate of concern about sion in the conference report. individuals, who will often be 55 years the net benefits of trade nor should it I am also pleased that the conferees or older, will be included in the pool of be. agreed to remove the so-called ‘‘Day- workers benefitting from new Trade My ‘‘no’’ vote today is not a vote ton-Craig’’ language. This is a provi- Adjustment Assistance health provi- against expanded trade. It is a vote sion that would have made it easier to sions, making it even more expensive against complacency in the conduct of defeat legislation negotiated under for the relatively younger workers to our trade negotiations. trade-promotion authority if it amend- purchase health insurance. Aside from Today is not the end of the debate on ed U.S. trade remedies, no matter how doubling the costs of these health pro- this new grant of fast track authority. technical or even beneficial the change visions, which now total over $4.8 bil- It is the beginning. might be. It would have resulted in the lion over 10 years, this legislation Mr. KYL. Mr. President, I rise today unraveling of successful trade negotia- could have numerous other unintended in reluctant support of this conference tions. Moreover, the provision was un- consequences on our pension system. It

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00017 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7834 CONGRESSIONAL RECORD — SENATE August 1, 2002 allows companies that over-promised Furthermore, while some oppose shortfalls, but it also ensures expanded benefits to walk away from their obli- linking TPA and TAA as contained in coverage for secondary workers af- gation and leave taxpayers with the this trade package, my support is con- fected by trade. Specifically, under the bill. tingent on this linkage and I have re- compromise developed by Senators As a matter of principle on the one peatedly emphasized the importance of GRASSLEY and BAUCUS, secondary hand, and sound economic policy on joining these proposals that are inex- workers with a direct relationship to the other, I still believe it is impera- tricably joined. TAA would not even the downsizing or closing of a plant tive that we grant the President trade- exist if not for the fact that trade will be covered by TAA, while so-called promotion authority. As a Senator who agreements impact U.S. jobs, so at- ‘‘downstream workers’’ covered now is committed to expanding free trade tempting to bifurcate TAA and TPA is under a Statement of Administrative and its accompanying benefits, I am like trying to divide the ‘‘heads’’ from Action, SAA, as part of the NAFTA- frustrated that this legislation has the ‘‘tails’’ on a coin—sure, it may be TAA program will also be covered been loaded up with costly new entitle- possible, but the end product won’t be through the SAA’s codification. ment programs. worth one red cent! But make no mistake, the conference I will vote for this bill because I TPA and TAA were enjoined and I report does not contain some provi- know how important it is to grant the supported that approach because we sions that would be vital to people and President Trade Promotion Authority. must never forget that in the engage- communities adversely impacted by But because of the numerous bad provi- ment of trade there is a downside— trade. Specifically, a small business sions in the bill, and the bad prece- chiefly, that real lives are affected, pilot program that would allow those dents they set, the decision does not people not just statistics. When Ameri- workers receiving TAA to start a small come easy. That shouldn’t have been cans become unemployed due to in- business without losing their benefits the case. creased imports or plant relocations to was dropped. Performance assessments other countries, it is because of trade Ms. SNOWE. Mr. President, I rise of the TAA program that included the agreements negotiated by the govern- today to support this conference re- economic condition of the state were ment of the United States and passed port. Although I am disappointed that dropped, as were all performance re- by Congress. Therefore, we have an ob- several provisions were removed in quirements. conference, on balance this legislation ligation to also work toward forging a Not only were these removed but so still represents a major expansion of system that provides these trade-im- was TAA for fishermen. Instead, this the Trade Adjustment Assistance that pacted Americans with the new skills bill requires a study to determine is crucial for those workers who have needed to gain new employment. whether TAA for fishermen is ‘‘appro- This conference report does contain lost their jobs due to imports or plant priate and feasible’’. What is amazing many provisions on both trade and relocations to other countries. is that TAA for farmers is covered in I supported this legislation during trade adjustment assistance that I think are critical components that this bill but that somehow their cov- the Finance Committee’s markup, as erage would be different than for fish- well as during the Senate vote in May make them better than in the past. An expanded TAA program is going to be ermen. That is why we are working as I have been involved with this legis- created, which I support, that will right now with the Department of lation for over a year with hearings, allow more workers to receive re-train- Labor on administrative procedures to markups, negotiations, consideration ing and income support assistance ensure that fishermen will be eligible by the Senate, and now the consider- quicker and for a longer period of time. for TAA. ation of the conference report. I TAA for communities was also This income support and re-training is worked with Senator BINGAMAN on the dropped in conference. This would have vital to ensure that these workers can Trade Adjustment Assistance, TAA allowed communities that suffered a re-enter the workforce and also provide provisions and then with Senators plant closure due to import competi- temporary assistance while they are GRASSLEY and BAUCUS. In the same tion to apply for grants in order to at- learning new skills. manner, both agreed to a critical ex- There are also provisions I fought for tract new businesses. As in my home pansion of the existing TAA program that will help speed up the approval State of Maine, many States have rural while also including provisions I advo- process. Specifically, besides consoli- towns that are dependent on a single cated to accelerate assistance to dis- dating the current TAA and NAFTA- plant for their livelihood and this pro- located workers and provide them with TAA programs into one, more efficient vision would have given them a chance greater options in the utilization of program, the bill includes my proposal should that plant close. these benefits. And, when the to speed-up assistance to displaced In addition, coverage for workers healthcare provision of TAA threat- workers by decreasing the TAA peti- that have watched their plant move ened to scuttle the bill, Senator BAU- tion time for certification from 60 days overseas, known as shifts in produc- CUS and I worked together to fashion a to 40 days. Reducing this time by 20 tion, has also been limited in the bill. deal that would be acceptable to both days will allow people to get on with As opposed to granting eligibility to Republicans and Democrats. their lives that much quicker. workers whose plant moved to any At no point was my decision to sup- The TAA section also provides a 65 country overseas, this conference report the Senate package, and the TPA percent tax credit for trade-impacted port limits coverage only to those section in particular, a foregone con- workers to continue their health cov- workers whose plant moved to a coun- clusion, as I have opposed trade agree- erage for themselves and their family. try that has a Free Trade Agreement, ments and fast-track authority in the This tax credit is ‘‘advanceable’’ so FTA, with the U.S., is a country re- past. I did so because I never felt they that people will receive this assistance ceiving the reduced duties or duty-free struck the proper balance between free immediately rather than paying up benefits of the ATPA, the Africa and fair trade, and I’ve been concerned front to get a tax refund later. Growth and Opportunity Act, AGOA, that both Republican and Democrat ad- Moreover, this bill addresses another and the Caribbean Basin Initiative, ministrations approached the enforce- issue that has created problems in my CBI, or, if there has been an increase in ment of U.S. trade laws not with vigor, State this year, the current budget for imports from the country to which the but with at best a benign neglect. training assistance. Since last year, plant moved. However, when the Finance Com- Maine has run short of training funds This may appear to cover all the mittee marked-up this fast-track legis- by almost $3 million, forcing them to bases, except for the possibility that a lation in December and the Senate apply for five different Department of plant will move overseas and may not passed it in May, I supported it pre- Labor National Emergency Grants and actually import back to the U.S., thus cisely because it did strike the appro- potentially causing a freeze in re-train- there will be no increase in imports. If priate balance, and because of this ad- ing assistance. By providing $220 mil- the U.S. has no FTA with that country ministration’s commitment to aggres- lion in funding, this shortfall will be or it is not participating in a U.S. sively enforce our trade laws so that fully addressed. duty-reduction program like the American workers aren’t undermined And we didn’t stop there. Not only ATPA, then those workers are not eli- by unfair trade practices. does this funding level address state gible for TAA. How are these workers

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00018 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 1, 2002 CONGRESSIONAL RECORD — SENATE S7835 affected differently from others who the Andean countries in order to bol- We can change our approach at the ne- lose their jobs due to imports? ster their economies in the hopes of re- gotiating table. We can enforce exist- As I said earlier, on balance, the TAA ducing drug cultivation. Its effect the ing trade laws. provisions represent a significant ex- last ten years has been questionable In the real world, we have to ac- pansion and improvement of the former with the ITC not able to make a defini- knowledge that there are many nations TAA and NAFTA-TAA programs and tive, affirmative determination that it that don’t care about labor or environ- will provide an invaluable service to has greatly contributed to the reduc- mental standards. And that creates a those dislocated workers as they seek tion of drug cultivation by providing tilted playing field where it’s harder new jobs. While the government is as- economic opportunities. for us to compete. In that regard, this sisting workers whose jobs have been The amount of exports from these legislation goes further than any past lost due to imports, this bill also pro- countries which fall exclusively under fast-track bills on the issues of labor vides the Administration with the abil- the ATPA has remained relatively con- and the environment. The bill before us ity, through TPA, to negotiate trade stant at 10 percent over the years. The today not only sets as an overall objec- agreements that will improve and in- fact that this has changed little indi- tive the need to convince our trading crease U.S. exports. As I mentioned cates that there has been no major partners not to weaken their labor or earlier, my past opposition to fast- change in the production structure of environmental laws as an inducement track, due to concerns about the bal- ATPA economies meaning that these to trade, but it also requires the en- ance between free and fair trade and countries have not been taking more forcement of existing labor and envi- our enforcement of our trade laws, advantage of what ATPA offered. ronmental laws as a principal negoti- have been addressed in this bill. Therefore, what this legislation seeks ating objective. The bottom line is that enforcement to do is change our policies to conform The conference report also recognizes is an inseparable component of free and to the Andean countries rather than the need to take steps to protect the fair trade. If you don’t believe me, just these countries changing to take ad- import sensitive textile and apparel in- look at the record. In the past, when vantage of what the U.S. has already dustry. It calls for reducing tariffs on textiles and apparels in other countries free trade and fair trade have been offered. U.S. jobs are on the line for an to the same or lower levels than in the treated as mutually exclusive, import- unproven trade benefit program. sensitive industries in Maine and That is why I worked in the ATPA to U.S., reducing or eliminating subsidies America were decimated by foreign provide the rubber footwear industry to provide for greater market opportu- competitors. Why? Because foreign with a comparable tariff provision to nities for U.S. textiles and apparels, businesses enjoyed the benefits of a that which they received in NAFTA. and ensuring that WTO member countries immediately fulfill their obliga- lack of reciprocity in trade agree- The original ATPA further threatened tions to provide similar market access ments, foreign industry subsidies, this industry by giving the four Ande- for U.S. textiles and apparels as the dumping in the U.S. market . . . and an nations a tariff phase-out schedule U.S. does for theirs. that was only half as long as the 15- non-tariff trade barriers. And this legislation includes new ne- For this reason, I was disappointed year schedule contained in the NAFTA. gotiating objectives to address the that the Dayton-Craig language on I was pleased that the Senate passed issue of foreign subsidies and market trade remedy laws was removed in con- the trade package last May with this distortions that lead to dumping. As a ference. However, the fact that the ex- same 15 year phaseout, because with- result, many industries stand to ben- isting language on maintaining our out it we would have set a precedent efit from the adoption of this legisla- ability to ‘‘enforce rigorously’’ our that would be demanded by other coun- tion, including the forest and paper, trade remedy laws became a Principal tries as well. agriculture, semiconductor, precision This conference report drops this pro- Negotiating Objective demonstrates a manufacturing, and electronic indus- recognition of the utmost importance vision and with it went the hopes of tries of my home state. According to with which we hold these laws. In that the domestic rubber footwear industry Maine Governor Angus King the fast regard, the Administration should take and its 3,400 workers—1,000 of which are track approach is, ‘‘On balance . . . note that no trade agreement should in Maine. Not only was my provision beneficial to Maine. There might be ever be submitted to this Congress that lost, but the Senate receded to the some short term problems, but in the weakens our trade remedy laws. As a House. Under this, all footwear—that long run, we have to participate in the member of the Finance Committee, I was excluded under the expired ATPA world economy.’’ will do everything that I can to ensure legislation, as well as textiles and And Maine has been participating. that no trade agreement never ever apparels, leather products, and watches From 1989 to 1999, total exports by weakens or undermines these laws. will enter the U.S. duty-free with no Maine companies increased by 137 per- The enforcement of our trade remedy phaseout. cent from $914 million to $2.167 billion, laws are vital as the surrender of our Such an immediate tariff reduction with the largest industry sector for rights have had serious consequences to zero will only serve as a sign to trade being semiconductors—employ- in the lives of real people. In Maine other countries, particularly Chile and ing about 2,000 in Maine. The computer alone, we lost nearly 15,400 manufac- Latin America nations, that the U.S. and electronics trade, which includes turing jobs since NAFTA’s inception rubber footwear industry, once consid- semiconductors, accounted for 33 per- including 2,400 textile jobs, 6,000 leath- ered import-sensitive, is not only open cent of Maine’s exports in 1999, fol- er products jobs, 500 apparel jobs, 3,700 for business, but for decimation. For lowed by paper and allied products at paper and allied products jobs, and this reason, I have been working with 17 percent. 4,800 footwear jobs, excluding rubber the USTR to impress upon them the The Maine industries that benefit footwear, and 5,200 manufacturing jobs significance this precedent will have on from exports have also seen job gains so far just this year. We failed those other trade agreements, particularly in the state. From 1994 to 1999, the people because we abdicated our re- with Chile. I am pleased that the USTR electrical and electronics industry had sponsibility to take a balanced, com- provided me with unequivocal assur- a job gain of 2.3 percent and the agri- prehensive and integrated approach to ances that the ATPA provisions re- culture, forestry and fishing industry trade. garding rubber footwear in no way es- saw a 19 percent increase in jobs. In That is why I can not and will not tablishes a precedent for Chile, and 2000, Maine’s exports supported 84,000 support the Andean Trade Preference that they will continue their efforts to jobs. Act, ATPA. I opposed this during the prevent any adverse impact during Mr. President, these measures and Finance Committee’s markup of the trade negotiations on domestic rubber commitments represent a significant legislation and, although I supported footwear. strengthening of our resolve and our the Senate’s trade package legislation, And while we cannot bring back ability to utilize existing remedies to I opposed its inclusion in the trade these or other jobs that were lost due protect American industries and work- package. to the miscues of the past, we can learn ers. This comes not a moment too The ATPA represents a unilateral ac- from those miscues and apply the les- soon, as the success of our economy re- tion by the U.S. to open our markets to sons to our present and future actions. lies more than ever on fair and freer

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00019 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7836 CONGRESSIONAL RECORD — SENATE August 1, 2002 trade U.S. exports accounted for one- country exported $11 billion worth of Of course, some may argue that the quarter of U.S. economic growth over edible and nonedible fish products, and risk that extraneous matters might be the past decade . . . nearly one in six in Maine the industry—which is our 5th slipped into a fast-track protected manufactured products coming off the leading exporter—generates 26,000 jobs. trade bill is greatly reduced because assembly line goes to a foreign cus- In the eleventh hour race, Mr. Presi- the two trade committees—the Finance tomer . . . and exports support 1 of dent, as was the case with many TAA Committee in the Senate and the Ways every 5 manufacturing jobs. provisions, some other items that were and Means Committee in the other Given these facts, it is an under- crucial for small businesses which body—will stand guard against such an standable concern that the U.S. has make up 99 percent of all U.S. busi- event, protecting congressional prerog- been party to only 3 free trade agree- nesses were also lost. One was a provi- atives. ments while there are more than 130 sion to create a small business Assist- Let me first note that the GATT bill, worldwide. Since 1995, the WTO has ant USTR which the Senate-passed bill with its $4 billion in tax increases, been notified of 90 such agreements included. Although the conference re- came to us with the blessing of those while the U.S. only reached one in the port states that the Assistant USTR two committees. trade arena, the Jordan Free Trade for Industry and Telecommunications More recently, the track record of Agreement. In contrast, the European would be responsible for this portfolio, those two committees on this very leg- Union, EU, has been particularly ag- it contains a only sense of Congress islation is not reassuring. The bill be- gressive, having entered into 27 free that the title reflect that. I am fore us includes many questionable trade agreements since 1990 and they shocked at how seemingly difficult it provisions, but let me cite two in par- are actively negotiating another 15. was for us to create a position for ticular that have absolutely no busi- Perhaps not surprisingly, the Business small business at the USTR with a ness being in the measure. They both Roundtable reports that 33 percent of title that reflects that fact. raise serious civil rights and civil lib- total world exports are covered by EU Similarly, a provision requiring the erties concerns. free trade agreements compared to 11 USTR to identify someone to be a The first of these two issues relates percent for U.S. agreements. small business advocate in the WTO is to immunity for customs officers. Cen- Why should these facts raise con- also no longer in this bill. Why? Is it tral to any lawsuit against a govern- cerns? Because every agreement made that controversial for us to ensure that ment official alleged to have com- without us is a threat to American the interests of small business are rep- mitted misconduct is the immunity jobs. Nowhere is this better exempli- resented in the WTO? standard for that official. Under Su- fied than in Chile which signed a free This is not a perfect bill but the preme Court law, every government of- trade agreement with Canada, Argen- adoption of this comprehensive pack- ficial—federal, state and local—is pro- tina and several other nations in 1997. age will ensure that trade agreements tected by the doctrine of qualified im- Since that time, the U.S. has lost will be pursued in a fair and balanced munity. This is a very broad shield one-quarter of Chile’s import market, manner to the benefit of all Americans from liability. In the words of the Su- while nations entering into trade while also recognizing the need for ex- preme Court, it protects ‘‘all but the agreements more than captured our panded assistance for those who lose plainly incompetent or those who lost share. According to the National their jobs due to trade. knowingly violate the law.’’ And it is Association of Manufacturers (NAM), Mr. FEINGOLD. Mr. President, I rise the type of immunity that sets the bar this resulted in the loss of more than to offer some comments on the fast- plaintiffs must overcome to win law $800 million in U.S. exports and 100,000 track conference agreement. suits. job opportunities. One specific industry Once again, the supporters of this In the legislation before us, a provi- affected was U.S. paper products which measure seek to characterize this vote sion was slipped in that will make it accounted for 30 percent of Chile’s im- as a vote on the issue of whether or not harder to hold an abusive customs offi- ports but has since dropped to only 11 we should have trade agreements. They cer accountable for bad behavior. The percent after the trade agreements argue that to favor the bill is to favor bill changes the immunity standard were signed. trade, and to oppose the bill is to op- from one of ‘‘objective’’ immunity, We need to look to the future of our pose trade. meaning an official had to prove that industries and open doors of oppor- Of course, this is nonsense. he or she did not violate clearly estab- tunity in the global marketplace. In As a number of my colleagues have lished law, to ‘‘good faith’’ immunity, order to do so responsibly, we need to noted, the issue of whether to enact meaning that the official only had to learn every economic lesson possible fast-track procedures is not a question prove that he or she believed that he or from the past, and this package proof whether one favors or opposes free she was not violating a person’s con- vides for not only a study I requested trade, but rather what role Congress stitutional rights and was not acting of the economic impact of the past five plays in trade agreements. with a malicious intent. trade agreements, but also an addi- Under this bill, that role will be little The practical effect of this change is tional evaluation of any new agree- more than that of one of those bobble- that an abusive officer will merely ments before TPA is extended. head dolls—nodding its head ‘‘yes’’ or have to file an affidavit stating that he And we need to make sure that ev- shaking its head ‘‘no’’ in response to or she acted in good faith, and the case eryone who can benefit from these proposed trade agreements. will be dismissed. This would make it agreements can get their foot in the And it may actually be worse, be- very difficult for a court to hold a cus- door. Small businesses, for example, cause nothing in the measure before us toms officer accountable for abusive account for 30 percent of all U.S. goods limits this bobble-head role strictly to behavior, behavior such as racial exported, and in Maine more than 78 trade agreements. Under this bill, the profiling. percent export, so I am pleased this bill President is at liberty to submit just Putting aside the question of wheth- includes my proposals placing small about any policy he wants as part of a er or not this provision belongs in a businesses in our principle negotiating fast-track protected trade bill, and bill that relates to the procedures objectives. Congress would have to swallow that under which Congress considers trade Finally, the package includes con- policy if it wanted to endorse the trade bills, the provision is not justified. sultation rights for the House and Sen- agreement to which it was attached. There is no record of any great abuse of ate Committees with oversight of the As I noted during the debate on this the existing system. fishing industry. As the past Chair and bill last May, this has, in fact, oc- Some might suggest that because current Ranking Member of the Com- curred. The last fast-track protected customs officers work on the border, merce Subcommittee on Oceans and trade agreement this body considered, they need special protection. But Bor- Fisheries, I can tell you that the ac- the measure implementing the Uru- der Patrol agents and other law en- tions of other countries with regard to guay Round of the GATT, included forcement officers like FBI, DEA, and fishing plays a crucial role in ensuring more than $4 billion in tax increases local police are stationed near borders, our industry has a level playing field that were beyond the reach of this and they will all continue to work on which to compete. Last year this body to amend or even delete. under an objective immunity standard.

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00020 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 1, 2002 CONGRESSIONAL RECORD — SENATE S7837 Beyond that, this provision has no tered into hundreds of agreements national trade is an effective way to business in this bill. It has nothing to without those procedures. boost the economy, but it must be done do with how Congress should consider More importantly, fast-track may ac- responsibly and carefully. trade agreements. And it certainly tually undermine the cause of im- I voted in favor of this bill today for merits the kind of scrutiny that it will proved trade. three primary reasons. not get as part of a conference report As I noted then, rather than encour- First, I strongly support the bill’s that cannot be amended. aging trade agreements that produce provisions that recognize the sensitive A similarly inappropriate but little broad-based benefits, fast-track has in- nature of some industries. I believe the discussed provision in this bill would stead fostered trade agreements that most essential provision related to im- allow customs officers to search out- pick ‘‘winners and losers,’’ and in doing port sensitive goods is the mandate going mail without the approval of a so has undermined public support for that requires the President to consult court. That is right. Under this bill, a pursuing free trade agreements. with Industry Advisory Committees customs officer can open mail you send Fast-track also advances the short- and the International Trade Commis- overseas without getting a search war- term interests of multinational cor- sion on certain negotiations. This bill rant. porations over those of the average requires the administration to notify The provision applies to all mail worker and consumer. With opposition and gather input during trade negotia- weighing more than 16 ounces no mat- to the entire trade bill the only option tions from people like ranchers and ter how it is sent, and it also applies to left, Congress has swallowed provisions farmers who produce import-sensitive any mail under 16 ounces, that is sent that advance corporate interests, even products. through a private carrier, such as Fed- when they come at the expense of our Second, as an original cosponsor of eral Express or UPS. Nation’s interests. The so-called Chap- the Craig-Dayton Amendment, the new This is an enormous change in law. A ter 11 provisions are an excellent exam- language in the bill addressing trade customs officer would no longer have ple of this. Here again, fast-track pro- remedy laws is critical. The bill pro- to go to court to obtain a warrant to cedures actually work to undermine vides that if negotiators don’t listen to search our mail. It takes away much of public support for trade agreements. concerns about proposed changes to the protection we all thought we had Let me reiterate that many of us who trade remedy laws, Congress can pass a when we mail a letter to a friend or rel- support free and fair trade find nothing formal resolution of disapproval. This ative overseas. inconsistent with that support and inputs up a red flag to the negotiators Again, setting aside the question of sisting that Congress be a full partner that they are treading on shaky ground whether the provision has merit, it in approving agreements. and may want to rethink their posi- simply has no business in this bill. Indeed, as the senior Senator from tion. In addition, I am also pleased this These two provisions are deeply West Virginia, Mr. BYRD, has noted, bill sets rigorous enforcement of U.S. flawed, in and of themselves, but they support for fast-track procedures re- trade remedy laws as a principal nego- should also give us pause when we con- veals a lack of confidence in the ability tiating objective and increases report- sider what future proposals we might of our negotiators to craft a sound ing requirements for possible modifica- see included in fast-track protected agreement, or a lack of confidence in tions to trade laws. trade bills—measures that cannot be the ability of Congress to weigh re- Third, there is specific language in amended. If the congressional com- gional and sectoral interests against this bill that addresses a major concern mittee watchdogs allowed these provi- the national interest, or may simply be of sugar producers. Wyoming sugar sions to be slipped into this bill, what a desire by the Executive Branch to producers have been hurt by a ‘‘sugar might find its way into future meas- avoid the hard work necessary to con- laundering’’ operation being conducted ures? vince Congress to support the agree- through Canada. The process starts And I remind my colleagues that ments that it negotiates. when a commodity trader in Canada there are no requirements in this bill I can think of no better insurance blends sugar, water and molasses in a that fast-track protected bills consist policy for a sound trade agreement ratio that would exempt the mixture only of provisions germane, or even rel- than the prospect of a thorough Con- from U.S. import duties Canada enjoys evant, to the trade agreement to be im- gressional review, complete with the under the North American Free Trade plemented. ability to amend that agreement. Agreement, NAFTA. This mixture is The bill is flawed in a number of This was a bad bill when it left the then trucked across the U.S. border to other critical ways. As others have Senate. It is much worse now, and I a factory controlled by the same com- noted, the bill moves backwards in the urge my colleagues to oppose this leg- modity trader where the sugar is sepa- area of worker rights and the environ- islation. rated from the molasses mixture. The ment. It even backslides from the mod- Mr. ENZI. Mr. President. I rise to sugar is then sold in the U.S. market est progress made in the Jordan Free share my thoughts on the trade bill we free of tariffs and the rest of the mix- Trade Agreement. passed this afternoon that gives our ture is returned to Canada to be The bill also guts the Dayton-Craig President renewed trade negotiating ‘‘stuffed’’ again. The ‘‘sugar loophole’’ provisions that sought to ensure our authority and others like it would be closed by own trade laws would not be undercut Like many of my colleagues, I hail this trade bill. The bill makes the de- as part of a fast-track protected trade from a State that is particularly sen- termination that stuffed molasses bill. That amendment was supported by sitive to foreign imports of agricul- should be considered imported sugar a strong majority of the Senate, but it tural products, for example Wyoming’s and therefore subject to tariffs. It also was essentially eliminated in con- two largest cash crops are sugar and requires the Secretary of Agriculture ference. In fact, there is little doubt cattle, and where trade makes a big to monitor other existing or likely cir- that it was dropped even before this impact on certain industries. cumventions of tariff-rate quotas and bill went to conference. I believe in fair trade, and I support report on these to the President. Nor does this bill address the so- the efforts of our President as he works Beyond these specific reasons, I cast called Chapter 11, issue where foreign to improve our multilateral and bilat- my affirmative vote today because fair investors can use secret trade tribunals eral relationships. I have also worked trade is essential to the economic to effectively weaken or eliminate ex- diligently with Members from both growth of all industries. The next step isting state and local laws and regula- sides of the aisle to improve our ability is rule and regulation, and I will care- tions that protect our health and safe- to participate in international trade. fully watch to ensure that the interests ty. Because that problem is not ad- You will remember I urged my col- of Wyomingites are protected. dressed, we can expect future trade leagues last year to vote for the Export Mr. KERRY. Mr. President, I will agreements to include this anti-demo- Administration Act, a bill which would support this final conference report to cratic provision. streamline our export control system give the President the authority to ne- As I noted during the debate we had so that items that do not need to be gotiate nonamendable trade agree- on this issue last May, fast-track is not controlled may move more easily ments and to reauthorize the Trade Ad- necessary for free trade. We have en- across borders. I believe that inter- justment Assistance Program. I am

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00021 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7838 CONGRESSIONAL RECORD — SENATE August 1, 2002 pleased that this TAA package pro- edy laws. The safety net for workers is U.S. DEPARTMENT OF LABOR, AS- vides greater benefits to more workers less comprehensive than it could have, SISTANT SECRETARY FOR EMPLOY- than ever before. and should have, been. It still does not MENT AND TRAINING, The Nation’s economy is fundamen- adequately preserve American sov- Washington, DC, August 1, 2002. tally linked to our Nation’s ability to Hon. JOHN F. KERRY, ereignty in directing trade negotiators U.S. Senate, export. Today, one-tenth of all jobs in how to develop settlement panels for Washington, DC. this country are directly related to our investor-State disputes. DEAR SENATOR KERRY: I understand that ability to export goods and services. As a result, we can only hope that you have a strong interest in providing as- When you consider multiplying effects, our trade negotiators will not under- sistance to workers and fishermen impacted that number rises to nearly one-third. mine the values that many Americans by trade or for other reasons. We at the De- Businesses in Massachusetts alone sold worry are not being honored in our partment of Labor share your desire to help all dislocated workers get back to work. more than $19.7 billion worth of goods trade agreements. To be quite honest, Workers, including fishermen, who lose to more than 200 foreign markets last though, I have some concerns that the their jobs through no fault of their own can year. That is more than $3,000 worth of President will not make a full commit- receive a wide range of employment and goods sold abroad for every resident. ment to either the environment or the training services through the Workforce In- Massachusetts businesses also help basic rights of workers in future trade vestment Act formula programs. On July 1, break the stereotype of international agreements, because he has not done 2002, Massachusetts received an allotment of trade as the arena of large corpora- these things at home. And so it must $55,189,519, of which $12,321,163 is allocated to serve dislocated workers. When these for- tions. Almost 75 percent of my State’s fall to the Senate to put the President mula funds are insufficient to respond to a exporting businesses are small busi- on notice that he must address the con- mass lay-off, plant closure or natural dis- nesses. cerns that Americans have about trade. aster, the Secretary of Labor has discretion Of larger businesses which have over- I, for one, will be watching agreements to award National Emergency Grants, which seas subsidiaries, almost three-fourths that grow out of this trade promotion are authorized under section 173 of the Work- of profits earned abroad are returned to authority very closely. force Investment Act. National Emergency parent companies in the United States. I must make one more point. With Grants provide resources for job training and That means more jobs and higher respect to the Trade Adjustment As- reemployment assistance, as well as supportive services for child-care, transpor- wages at home. These statistics sistance Program, this bill is not as tation and needs-related payments for in- present a strong case for support of good as the one the Senate passed 3 come support while a worker is enrolled in this bill. months ago. But this bill does expand training. I believe strongly that more inter- benefits for workers who lose their jobs Workers who are impacted by trade may national trade results in a greater oc- due to increased foreign competition in qualify for TAA benefits. Although the De- casion to help developing countries ways that, frankly, would have been in- partment of Labor has not received any peti- grow and develop the roots of democ- conceivable just a few years ago. That tions for certification of eligibility for TAA racy. The chance to improve ties with assistance from fishermen over the last five is real progress. If we are to continue fiscal years, they certainly could apply as other countries and use trade as one to seek the benefits of increased trade, long as they meet the requirements of the means of advancing American foreign we must also fulfill our commitment to Act. For example, one of the criteria for policy is an opportunity that we should families and communities whose lives TAA eligibility is that the impacted firm has not pass up. And so I will support this are disrupted by the short-term im- to be involved in the production of an arti- conference report. pacts of trade. cle. We consider fresh fish to be an article. However, we do ourselves a great dis- I am particularly disappointed that Therefore, if imports of that fish or other service to ignore the growing concerns the conference report did not retain fish that were directly competitive contrib- of our own people who view the trade the important new program making uted importantly to the decline in the sales or production of the fishing firm and the loss equation as imbalanced: Working fami- TAA available to fishermen. This proof jobs of the crew, the group of workers lies in mill towns across New England gram was included in the TAA bill could be certified for TAA. An owner who or steel towns in the Midwest who fear marked up by the Finance Committee works on a fishing vessel with as few as two that we have looked only at the export last December and included in the bill crew members would be eligible to initiate side of the puzzle, ignoring our funda- that passed the Senate in May. U.S. the petition for TAA. mental obligations to a clean environ- fish imports now outstrip exports by $7 It may also be noted that the Conference ment, basic labor standards and to billion, due in some measure to the Report that is currently before the Senate expands eligibility for TAA to cover certain those Americans whose lives change fact that no other nation in the world secondary workers, including suppliers of when factories close or businesses can- requires sustainable fishing practices. component parts. In the case of a firm and not compete with cheaper foreign-pro- This deficit may soon put some fisher- its fishermen that provided fresh fish to a duced products. men out of business. company that canned the fish and sold the Some important safeguards were in While a separate program for fisher- canned fish, and imports of that canned fish the Senate-passed bill. Indeed, the bill men makes sense, the administration led to the workers in the canning company that passed the Senate in May was has informed me that fishermen who being certified under TAA, the fishermen precedent-setting in many ways. We seek TAA benefits through the Depart- who supplied the fish could also be certified would have provided trade promotion as secondary workers. This would also re- ment of Labor will indeed be eligible, quire that the loss of business with the can- authority to the President while also although they may have to seek a ning company constituted at least 20 percent firmly stating that our Nation’s trade blending of TAA and Workforce Invest- of the fishing firm’s sales or contributed im- remedy laws should not be eviscerated ment Act benefits. Nonetheless, I have portantly to the loss of the fisherman’s jobs. by trade agreements. Significantly, we the Department’s pledge to work with It is important to recognize, however, that provided the strongest safety net ever me on this issue, and I look forward to there are certain limitations on the assist- to workers left jobless by the short- doing just that. ance provided under TAA. One of the require- term economic upheaval that comes I have also been informed that the ments for receiving extended income support under TAA, in addition to being enrolled in from increased international trade. We Secretary of Agriculture will do a rule- training or receiving a waiver from that re- also had a thorough debate on the im- making to determine whether fisher- quirement, is that the worker was eligible portance of labor and environmental men are eligible for the TAA for Farm- for and exhausted regular State unemploy- standards in trade agreements, and on ers program as well. I will make sure ment insurance. Generally, fishermen on ves- my efforts to prevent investor-State that the Secretary is aware of my sels of under 10 tons, and that are not in- disputes from undermining U.S. public strong belief that fishermen are no dif- volved in the commercial fishing of salmon health and safety laws. I have no doubt ferent from farmers, and deserve equiv- or halibut, are excluded from unemployment that the Senate will come back to alent consideration in this program. I insurance coverage. Therefore, even if certified for TAA benefits, many fishermen may these issues in the future. ask unanimous consent that these let- not qualify for the income support benefit. Unfortunately, this conference report ters be made a part of the RECORD. Therefore, in some cases, fishermen may be represents a mild retreat from the Sen- There being no objection, the mate- able access to income support to enable them ate-passed bill. The conference report rial was ordered to be printed in the to participate in training through WIA for- does not protect American trade rem- RECORD, as follows: mula funded programs, and to the extent

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00022 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 1, 2002 CONGRESSIONAL RECORD — SENATE S7839 possible, through a National Emergency tion, I believe Congress will now take with incurable cancer or heart disease Grant awarded in response to a state applica- the lead and enact a strong Patients’ or other fatal conditions are denied the tion, where eligibility for unemployment in- Bill of Rights. The political climate is opportunity to participate in the clin- surance is not necessarily a prerequisite. very different today than it was when ical trials that could save their lives. I share your concern for all workers who Too many patients with arthritis, or have been laid-off due to trade or other rea- the House acted last year. The public is sons, and I want to assure you that my staff focused. I do not believe the Repub- cancer, or mental illnesses are denied will work with you to help respond to layoffs lican leadership will be able to resist the drugs that their doctor prescribes, that may impact fishermen in Massachu- the tide of popular opinion. because the medicine they need is not setts. Throughout this process, we have as cheap as the medicine on the HMO’s Sincerely, been particularly concerned about list. EMILY STOVER DEROCCO. those patients who sustain the most se- The legislation passed by the Senate rious, life-altering injuries. If the law would end those abuses, and it would THE SECRETARY OF AGRICULTURE, does not allow them to obtain full and assure that HMOs could be held respon- Washington, DC, August 1, 2002. fair compensation for their injuries, we sible in court if they failed to provide Hon. JOHN KERRY, will fail those who are most in need of the care their patients deserved. The U.S. Senate, Senate bill said that if an HMO crip- Washington, DC. our help. Yet, the administration has pled or terribly injured a patient, it DEAR SENATOR KERRY, As you are aware, steadfastly refused to agree to liability the conference agreement on H.R. 3009, the provisions that would treat the most had a responsibility to provide finan- Andean Trade Preference Expansion Act is seriously injured patients justly. cial compensation for the victim and pending before the Senate. This Act includes Holding HMOs and health insurers the victim’s family. It said that if an provisions important to the Administration fully accountable for their misconduct HMO killed a family breadwinner, it on Trade Promotion Authority and Trade is essential to improving the quality of was liable for the support of that pa- Adjustment Assistance (TAA). health care that millions of Americans tient’s family. We understand you have concerns regard- The Senate passed a strong, effective ing the eligibility of the fishing industry to receive. Nothing will provide a greater incentive for an HMO to do the right patients’ bill of rights by an over- participate in the TAA programs for agri- whelming bipartisan vote. It was not a culture authorized in the legislation. As thing than the knowledge that it will well, we understand the difficult situations be held accountable in court if it does Democratic victory or a Republican that have faced the fishing industry in your the wrong thing. Placing arbitrary lim- victory. It was a victory for patients. State over the last few years. its on the financial responsibility It was a victory for every family that There has been precedent for including cer- which HMOs owe to those patients who wants medical decisions made by doc- tain fishing enterprises in previous USDA have been badly harmed by their mis- tors and nurses, not insurance com- disaster programs. As the Department pro- pany bureaucrats. It said that treat- mulgates the necessary regulations to imple- conduct would seriously weaken the deterrent effect of the law. Yet, the ad- ment should be determined by a pa- ment the new authorities provided in the tients’ vital signs, not an HMO’s bot- ministration has insisted on a series of Act, we would be willing to carefully exam- tom line. ine and discuss with you whether we can in- provisions which were designed to limit Under our legislation, all the abuses clude the fishing industry in the appropriate the accountability of HMOs. that have marked managed care for so regulations on TAA. The Bush administration wanted to long were prohibited. Patients were Sincerely, weaken the authority of external re- guaranteed access to a speedy, impar- ANN M. VENEMAN. view panels to help patients obtain the tial, independent appeal when HMOs The PRESIDING OFFICER. The Sen- medical care they need. They de- denied care. And the rights the legisla- ator from Massachusetts. manded a rebuttable presumption tion granted were enforceable. When against the patients in many cases f HMO decisions seriously injured pa- that would effectively deny them a fair PATIENTS BILL OF RIGHTS tients, HMOs could be held accountable hearing in court. They demanded an ar- in court, under state law, under the Mr. KENNEDY. Mr. President, I re- bitrary cap on the compensation which same standards that apply to doctors gret that we continue to be unable to even the most seriously injured pa- and hospitals. reach an agreement on the Patients’ tients could receive. They wanted to The story was different in the House. Bill of Rights that would protect the allow HMOs and insurance companies There, a narrow, partisan majority in- interests of patients instead of the to block injured patients from going to sisted on retaining special treatment profits of insurance companies. The court at all, forcing them instead into and special privileges for HMOs. That sponsors of the Senate Patients’ Bill of a much more restrictive arbitration legislation granted HMOs protection Rights, Senators MCCAIN, EDWARDS and process. They insisted on preventing available to no other industry in Amer- I, have spent many months talking juries from awarding punitive damages ica. Under the guise of granting new with the White House. We have repeat- even if there was clear and convincing rights, it denied effective remedies. It edly tried to reach a fair compromise evidence of a pattern of intentional tilted the playing field in favor of that would address many of the con- wrongdoing by the HMO. At every HMOs and against patients. The Repub- cerns voiced by the opponents of this stage of the accountability process, the lican majority in the House said yes to bill without sacrificing the protection administration was unwilling to treat big business and no to American fami- patients need. Unfortunately, we were patients fairly. A right without an ef- lies. Their bill represents the triumph not able to reach an agreement with fective remedy is no right at all, and of privilege and power over fairness. them. The Bush administration has the administration was unwilling to Under the House Republican bill, a simply been unwilling to hold HMOs provide injured patients with any effec- family trying to hold an HMO account- and insurance companies fully account- tive remedy. able when a patient was killed or in- able when they make medical deci- Every day, thousands of patients are jured would find the legal process sions. In the end, they were more com- victimized by HMO abuses. Too many stacked against them at every turn. mitted to maintaining special pref- patients with symptoms of a heart at- The standard in their bill for deter- erences for HMOs and big insurance tack or stroke are put at risk because mining whether the HMO was negligent companies than passing legislation they cannot go to the nearest emer- would allow HMOs to overturn the de- that would protect patients. gency room. Too many women with cision of a patients’ family doctor This is, at heart, an issue of cor- breast cancer or cervical cancer suffer without being held to the same stand- porate accountability. HMOs and insur- and even die because their HMO will ard of good medical practice that ap- ance companies have not been held ac- not authorize needed care by a spe- plies to the doctor. Think about that. countable for their medical decisions; cialist. Too many children with life- One standard for a doctor trying to and, as a result patients are being in- threatening illnesses are told that they provide good care for patients. An- jured every day. Just as Congress took must see the unqualified physician in other, lower standard for the HMO the lead on corporate accountability in their plan’s network because the HMO which arbitrarily overturns that doc- the Sarbanes legislation when the won’t pay for them to see the specialist tor’s decision because it wants to pro- White House would not take strong ac- just down the road. Too many patients tect its bottom line.

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00023 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7840 CONGRESSIONAL RECORD — SENATE August 1, 2002 The House Republican bill puts arti- barriers to class actions against health by a narrow partisan majority of only ficial limits on the liability of HMOs insurance companies. six votes—and then only after the Ad- when a patient is killed or injured. The Not only does the Republican plan ministration used every weapon of Republicans often complain about one- fail to protect patients against HMO arm-twisting and patronage in the size-fits all legislation, but their bill is abuse, it includes unrelated provisions book to hold their votes in line. an extreme example of it. No matter that could actually harm patients. The In the last two weeks, the Senate de- how seriously a patient is injured, no bill provides new tax breaks for the bated the critical issues of reducing the matter what remedies are available healthy and wealthy by expanding and high cost of prescription drugs and pro- under state law, no matter how neg- extending so-called ‘‘Medical Savings viding a long-overdue prescription drug ligent or outrageous the actions of that Accounts.’’ These accounts are the pet benefit under Medicare. Over the stren- HMO, no matter what a judge and jury project of certain insurance companies uous objections of the Republican lead- decides is an appropriate remedy, there that have made large donations to the ership and the Administration, the is the same flat dollar limit on the Republican party. They not only ben- Senate voted by an overwhelming bi- HMOs’ liability. And the limit in the efit the healthy and wealthy pur- partisan majority of 78–21 to end Republican bill is far below what the chasing high deductible insurance poli- abuses by wealthy and powerful drug most seriously injured patients receive cies, but a number of independent anal- companies that stifled competition and when they are badly hurt by a doctor’s yses have concluded that they could re- raised prices to patients. negligence or by the negligence of any sult in dramatic premium increases for A majority of the Senate also voted other industry. For a child paralyzed everyone else. Every day, we seem to to provide comprehensive prescription for life by an HMO’s penny-pinching— find new evidence that the Republicans drug coverage under Medicare—but the an arbitrary limit on compensation. have never found a tax break for the objections of the Administration and For a child who loses both hands and wealthy that they didn’t eagerly em- the Republican leadership proved too feet—an arbitrary limit on compensa- brace. strong to reach the 60 votes necessary tion. For the families of women need- And finally, the Republican bill for passage. The misplaced priorities lessly killed by improper treatment for eliminates state regulation of so-called behind the Republican position were breast cancer an arbitrary limit on ‘‘association health plans,’’ a new made clear by separate comments of compensation. For a father or mother name for multiemployer welfare ar- the President and the Republican lead- hopelessly brain-damaged—an arbi- rangements. While well-run plans of er. Senator TRENT LOTT stated that trary limit on compensation. this kind can benefit consumers, too both the comprehensive plan a major- In addition, the bill essentially pro- often they have failed financially and ity of the Senate supported and even vides no punitive damages to deter the left patients holding the bag. Fraud the scaled-back downpayment plan most egregious denials of care. Even if has been their frequent companion. were too expensive for the Republican the HMO denies medically necessary Most authorities believe that they need leadership. But while Republicans re- care over and over and over again, no more regulation, not less. And not only jected prescription drug coverage for punitive damages. Even if the HMO en- does the Republican plan expose mil- the elderly as just too expensive, the gages in fraud or willful misconduct, lions of families to financial disaster, President reiterated yesterday his sup- no punitive damages. Even if the HMO it would deny more millions important port for extending the trillion dollar routinely turns down every request for benefits required by state insurance plus tax cuts that primarily benefitted expensive treatment, no punitive dam- laws—benefits that help women at risk the wealthy. ages. of cervical cancer, children with birth While I am disappointed by the fail- If a patient ever gets to court under defects, and the disabled. According to ure to reach agreement on the pa- the Republican plan, they face a form estimates by the Congressional Budget tients’ bill of rights and to achieve 60 of double jeopardy—the so-called ‘‘re- Office, hundreds of thousands of people, votes for Medicare prescription drug buttable presumption.’’ If a patient predominantly those in poorer health, coverage, I am not discouraged. The loses an appeal to an external review could lose their coverage as a result of American people want action, and in agency, that patient faces an almost this proposal. the end, I believe the Congress will lis- impossible legal hurdle in court. But if I am disappointed that we were un- ten to their voice. an HMO loses an external appeal, the able to reach an agreement with the We will never give up the struggle for patient does not gain a comparable ad- Administration that would have made prescription drug coverage under Medi- vantage. In effect, the patient has to it possible to pass a strong, effective care until we mend the broken promise win twice. The HMO only has to win patients’ bill of rights—one that would of Medicare and guarantee senior citi- only once. This one-way presumption is have protected patients without pro- zens the prescription drug coverage grossly unfair. viding sweetheart deals for HMOs. they deserve. And we will never give up In area after area of Federal legisla- It is unfortunate that this Adminis- the fight for a strong, effective pation, Congress has set minimum stand- tration so consistently sides with the tients’ bill of rights. ards guaranteeing basic fairness but al- wealthy and powerful and against the Now we will move to a patients’ bill lowed states to go farther in protecting interests of ordinary people. The posi- of rights conference with the House of their citizens. But the House Repub- tions taken by the White House on Representatives and try once again. We lican bill sets a ceiling instead of a these critical health issues do not rep- commit today that we will do every- floor. States are not permitted to have resent the views of the American peo- thing we can to make the conference a stronger patients’ rights laws. The bill ple. Just a few days after the President success. We will never give up this would preempt the external review called for severe limitations on a pa- fight until all patients receive the pro- process in more than 40 states, abol- tient’s right to seek compensation tection they deserve. We will not rest ishing state laws that provide greater when he or she is seriously injured by until medical decisions are made by protection for patients. medical malpractice, a strong bi-par- doctors, nurses, and patients, instead In a bill that purports to expand pa- tisan 57–42 majority of the Senate re- of insurance company bureaucrats. tient protections, it is remarkable that jected the President’s position and Finally, I want to once again com- the Republican bill actually takes sided with patients. mend my two friends and colleagues rights away. The Federal RICO The Senate version of the patients’ who provided such important leader- antiracketeering statute is a powerful bill of rights—supported by virtually ship here on the floor of the Senate. weapon against fraud. Under current every group of patients, doctors, They were valued advisers, counselors, law, patients and businesses buying nurses, and advocates for workers and and helpers in trying to work through, health insurance policies have the families—passed the Senate with a in a constructive and positive way, the right to bring a RICO class action suit strong, bipartisan majority of 59–36 . In differences that existed. They took an against a health insurance company contrast, the key vote in the House of enormous amount of time, including which has engaged in systematic fraud. Representatives gutting the provisions great diligence, expertise, and under- The House Republican bill would in es- of the bill which would hold HMOs ac- standing of the issues at stake; They sence repeal that right, erecting new countable for injuring patients passed were enormously constructive and

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00024 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 1, 2002 CONGRESSIONAL RECORD — SENATE S7841 helpful in trying to move this in a posi- do not negotiate, and if we do not how far we have gone, we have gone 99 tive way. We were unsuccessful in that reach a successful conclusion, these percent of the way in doing what my phase of this path towards completing important commonalities and progress colleagues and I set out to do a long our mission of achieving an effective will be lost. time ago; and that was to provide Patients’ Bill of Rights, but we are all I believe a conference report rep- members of health maintenance orga- committed to achieving it ultimately. resents one final opportunity to work nizations with fundamental protections I thank them for all the good work out the differences between the House which they need and deserve. they have achieved. and Senate efforts to enact meaningful So, again, I conclude by thanking The PRESIDING OFFICER. The Sen- HMO reform. I remain committed to Senator KENNEDY and Senator ator from Arizona. working with Members of both bodies, EDWARDS for their hard work and for Mr. MCCAIN. Mr. President, I thank and with the President, to make sure their dedication to the resolution of Senator KENNEDY and Senator we will enact into law these important this issue. I thank the White House for EDWARDS for the over-a-year-long ef- protections for which too many Ameri- their efforts as well. In the little inter- fort we have been involved in attempt- cans have waited far too long. est of straight talk, I think from time ing to reach agreement on S. 1052, the I look forward to working with my to time they were constrained by the bipartisan Patient Protection Act. It colleagues in conference to bridge the other body in the latitude as to the has been over a year since the Senate differences between the House and the agreements they could make, but I also passed it. It has been just under a year Senate bills and provide patients with understand that is how the system since another version was passed by the protection they deserve. works. the House of Representatives. The The problem, as I see it, is that we But I believe that while we are gone White House was instrumental in have very small differences, and during in August, back with our friends and crafting the House-passed version. the course of our negotiations there neighbors and fellow citizens, our So since last year Senator KENNEDY, will be different versions about how friends and neighbors are going to Senator EDWARDS, and I have worked close we came and what our differences come to us and say: Look, we deserve with the White House in the hopes of were. But I believe they were very nar- this legislation—the millions and mil- reconciling the Senate and the House row differences, and I am very dis- lions of Americans who are members of bills. Much progress has been made as appointed that they were unable to HMOs—we deserve that we get certain a result of these negotiations. But, re- work out. And I got to spend a lot more basic protections. grettably, a resolution eludes us, and I time than my colleagues wanted—Sen- I hope that will reinvigorate us, upon think it is time to appoint conferees. ator KENNEDY and Senator EDWARDS our return, to enact final legislation America has been patiently waiting and I together—but I believe there was and resolve the few remaining dif- for Congress to pass a Patients’ Bill of a good-faith effort made. ferences in this bill. I believe we are going to lose so Rights. It will grant American families I yield the floor. many important advances on behalf of enrolled in health maintenance organi- The PRESIDING OFFICER (Mrs. patients because of a small difference zations the protections they deserve. CLINTON). The Senator from North that really has to do with cases that For too long this vital reform has been Carolina. will be adjudicated in court. And that frustrated by political gridlock, prin- Mr. EDWARDS. Madam President, is a very small number of these cases cipally by trial lawyers who insist on first, I say thank you to my colleagues because with internal and external re- the ability to sue everyone for every- and my friends, Senator MCCAIN and view, and other safeguards in the bill, thing and by the insurance companies Senator KENNEDY, who have worked so there would be a minuscule number of that want to protect their bottom line hard on this legislation. Senator KEN- cases that actually would end up in NEDY worked long and hard on this beat the expense of fairness. Caught in court. And that is the aspect of this fore a number of us, including Senator the middle are average citizens who are agreement on which we were unable to MCCAIN and myself, became actively members of HMOs. Americans want reach agreement with the White House. involved. He has been rowing the boat and deserve quick enactment of this And I regret it very much. for a long time. And his work has been legislation. So as Senator KENNEDY just stated, I Several years ago I began working believe we will prevail over time, just critical to the progress that has been with my colleagues on both sides of the as we have prevailed on other issues made on behalf of patients. And Sen- aisle to address the problems in HMO’s over time, because this is something ator MCCAIN has had such an enormous provisions in health care and to craft a the American people need and deserve. influence on the work that has been bipartisan bill that truly protects the There are too many compelling cases done and the progress that has been rights of patients in our Nation’s out there of people who have been de- made. health care system. prived of fundamental care which has Today conferees will be appointed, The Senate passage of the bipartisan inflicted incredible damage, hardship, which is unfortunate. I want to say a Patient Protection Act furthered the and sorrow on so many Americans be- word about why this matters and why effort to restore critical rights to HMO cause they have been deprived of sim- it matters for people, for patients, and patients and doctors. ple rights, such as a woman to see an why most of the people in this country I, again, express my appreciation to OB–GYN, such as the right of a child to don’t care at all about the process or the Senator from North Carolina, Mr. see a pediatrician, such as a doctor the procedures inside the Senate or a EDWARDS, for his incredibly fine work. making a decision rather than a bu- conference between the House and the Both the Senate- and the House-passed reaucrat. Senate. All they care about, and all versions contain important patient This is what it is all about: Who they know, is they write those checks protections for the American people. I makes the decisions on patients’ care? every month to the insurance company am confident that with perseverance Should it be someone who is wearing a for their insurance premiums, and they we can resolve the few differences that green eyeshade who can count up how want to get what they are paying for. remain. If we do not continue to work much the costs are or should it be a They expect, if they are going to pay toward a resolution on this issue, we doctor, a qualified physician, who the insurance company for health care will be turning our backs on strong pa- makes the decision? That is really coverage, they ought to get it. If their tient protections included in both bills. what this reform is all about. child needs to see a specialist, that This is really the shame of our fail- Unfortunately, it has gotten hung up child ought to be able to see that spe- ure so far because included in both bills over court proceedings and who should cialist. When they are going to the are external and internal review, direct go to court and whether there should emergency room, they should not have access to an OB–GYN for women, direct be caps on economic and punitive dam- to call a 1–800 number to get permis- access to pediatricians for children, ac- ages, and other aspects of the minus- sion to go. cess to clinical trials for cancer pa- cule number that would ever be re- If a woman wants to participate in a tients, access to emergency room care, quired to do so. clinical trial, she ought to be able to access to specialty care, and access to So I hope we can all step back and participate in a clinical trial. If the in- nonformulary prescription drugs. If we look at this situation. In the context of surance company and the HMO say, we

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00025 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7842 CONGRESSIONAL RECORD — SENATE August 1, 2002 are not paying for this, we will not give example of the abuses that occur than going to decide with patients and fami- you the care toward which you have what we have seen happen over the lies or whether you will decide with the been writing those checks for every course of the last several months with HMOs. It gets to be a fairly simple month, they ought to have a simple, the corporate irresponsibility that has judgment. inexpensive, fast way of getting that had an enormous effect on all Amer- At the end of the day, the White decision overturned. That is what the ican people—investors, Wall Street, the House stood with the HMOs, and we Patients’ Bill of Rights is about. It af- economy? were with the patients, as we have al- fects real people’s lives. In this era of trying to do something ways been. We were willing to com- There is a fellow from North Carolina about corporate responsibility, are we promise. We were willing to make named Steve Grissom whom I got to going to maintain this special, privi- changes. We were willing to do things know over time. Steve developed all leged, protected status for a group of to get something done. Throughout the kinds of health problems as a result of businesses that have proven—there is whole discussion, we were willing to do a blood transfusion. It got to the place no question about it—that they are that. But our focus was always on the where he needed oxygen basically 24 willing to engage in abuses, all in the interests of the patients, not on the in- hours a day in order to continue to name of profit and all at the expense of terests of the HMOs. We knew the function. All of his doctors, including a patients? That is what this is all about. HMOs were being very well rep- specialist at Duke University, said he That is the reason virtually every resented, both in terms of their voice needed it—everybody except an HMO group in America that cares about this here in Washington and on Capitol Hill, bureaucrat who came along after the issue supported the Patients’ Bill of and their influence with the adminis- fact and said: You don’t need this. We Rights that passed the Senate. Unfor- tration. are not going to pay for it. tunately, when the bill went to the Unfortunately, this is a pattern. This Steve, because of what happened to House, a much weaker bill passed, a is not one isolated example. The White him, became an enormous advocate for bill that in many cases would have ac- House stands with the HMOs, and has doing something about patients’ rights tually taken away rights that States throughout this process, and against and the Patients’ Bill of Rights. He be- had put into place on behalf of pa- patients. They have done exactly the came a powerful, passionate voice for tients. Many would argue it was an in- same thing in standing with pharma- regular people against the HMOs in surers’ bill of rights, not a Patients’ ceutical companies. When we try to do order to do what needs to be done for Bill of Rights. something about the cost of prescrip- families to be able to make their own If you put the bills side by side, on tion drugs, about bringing a real and health care decisions. every single difference between the meaningful prescription drug benefit to Steve lost his life this week, not as a Senate bill and the House bill, the Sen- senior citizens, we know where they result of what the HMO did, but he is ate bill favored the patients, the House are; they are with the pharmaceutical the personification of the problem that bill favored the HMOs. It is no more exists all over America and what HMOs companies. They always have been. complicated than that. As a result of The same thing is true when we try are doing to patients all over America. having two bills passed—a strong bill to protect our air. Right now they are Millions and millions of people, chil- in the Senate and a weak bill in the changing the law, the regulations dren, and families can’t make their under the Clean Air Act, to give pol- own health care decisions. Health care House—it was necessary for Senator luters, energy companies, the ability to decisions are being made by bureau- MCCAIN, Senator KENNEDY, and me to pollute our air at the expense of chil- crats sitting behind a desk somewhere begin negotiating with the White who have no training, no business mak- House because, as I said earlier, the dren with asthma and senior citizens ing those kinds of decisions, and the people of this country couldn’t care who have heart problems. We know patients and the families can do noth- less about the process of what goes on where they stand. They don’t stand ing about it. They are totally power- inside Washington. They want to be with the people who are going to be less. able to make their own health care de- hurt. They stand with the energy com- HMOs live in a privileged, rarified cisions. They depend on us to do some- panies that are doing the polluting. world that no other business in Amer- thing about that. Over and over and over, they were ica lives in. In this era of corporate re- So over the course of many months, dragged kicking and screaming into sponsibility, we are trying to say on Senator MCCAIN, Senator KENNEDY, doing something about corporate re- the floor of the Senate that corpora- and I had a whole series of meetings, sponsibility, and they finally embraced tions ought to be held accountable for many meetings over long hours, to talk the Sarbanes bill that passed in the what they do, for their decisions, they about trying to bridge the differences. Senate. This is not an isolated inci- ought to be responsible for what they I do have to say, on every single one of dent. This has happened over and over do; not HMOs, HMOs can do anything the discussions, the differences be- and over. And at the end of the day, it they want, and we are powerless to do tween us and the White House in the is about corporate responsibility. anything about it. negotiations were the same as the dif- There is absolutely no question about What the Senate did in the Patients’ ferences between the Senate bill and that. Bill of Rights, which received strong the House bill. Our position favored the We will, though, get a bill. We will bipartisan support, was create real patients; their position favored the get a bill for exactly the reason Sen- rights for patients: Allowing people to HMOs. ator MCCAIN said: Because ultimately make their own health care decisions, They did make a good faith effort to we will do what the American people to go to the emergency room, to par- talk to us. Senator KENNEDY, Senator are demanding that we do. They have ticipate in clinical trials, to get bad de- MCCAIN, and I made a very good faith been saying to us for years now: We are cisions by HMOs overturned. That is effort to try to bridge the gap. The dif- not going to continue to stand by and what we did in the Senate. All we said ferences could not be bridged. have HMOs run over us. We will not let was this: We want HMOs to be treated At the end of the day, decisions have insurance companies make health care like everybody else. Why in the world to be made. To the extent there is a decisions. We want you, our elected should every person in America be re- conflict, you have to decide which side leaders, to make decisions that are in sponsible for what they do, every other you are on. You can compromise. You our interest, not in the interest of the business in America be responsible for can compromise. You can compromise. HMOs. what they do, but we are going to put We made so many proposals in these We all know we can’t move out here HMOs up on a pedestal and treat them discussions, new, creative proposals to without bumping into some lobbyist better and differently than everybody try to bridge the gap, to try to find a for an HMO. They are everywhere. Who else? They can’t be held responsible. way to bring the differences together. is going to look out for the interests of They can’t be held accountable. They Over the course of time, we did make regular people in this country, for kids are different. They are better than all progress. Senator MCCAIN said that. He and families who need to be able to the rest of us. is right. We did make some progress. make their own health care decisions? Well, they are not. They are just like But at the end of the day, a judgment We are going to; that is who is going everybody else. What could be a better has to be made about whether you are to.

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00026 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 1, 2002 CONGRESSIONAL RECORD — SENATE S7843 That is why, when this process is I respect greatly the President for is needed to help the nonprofit sector over, we will have a real Patients’ Bill standing firm and saying we are not to provide for the human service needs of Rights. We will put decisionmaking going to cause massive uninsurance, we out there in America. authority back in the hands of kids, are not going to cause massive in- So I will withhold a unanimous con- back in the hands of families. And if creases in health insurance, all to the sent request, even though I think we HMOs are going to make health care benefit of the trial lawyers of America. had some agreement to try to propound decisions, they ought to be treated just That is not what we are about, and it one tonight, because there are objec- like the people who make health care is not what the American public wants, tions on the Democratic side of the decisions every day—doctors and hos- and that is not what we are going to aisle. I just encourage my colleagues pitals. do. I thank the President for not going on both sides of the aisle to try to work We never said we wanted them to be along with this scheme to end up driv- with us to see if we can find a regime treated any worse. What we did in the ing the private markets into the in which we can bring this legislation Senate was pass a bill that said exactly ground and then having those who to the floor with some sort of limita- that. If you make a health care deci- drove the market into the ground come tion on amendments and debate and sion—if some HMO bureaucrat makes a back to the Senate floor and say: See, have a good discussion and then move health care decision and overrides the look, private employers are not doing forward and pass this legislation. decision of a doctor or of a hospital, their job anymore, so we need a Gov- Maybe even if it is acceptable, we can they are going to be treated exactly as ernment-run health care system; let’s get the House to accept it and move it the hospital and the HMOs are treated. pass that. on to President, and we must go to They will stand in the shoes of the peo- Madam President, that is not why I conference. ple who make the decisions. We are got up to talk. That is what happens I hope we can work in a bipartisan going to treat them as everybody else. when you listen to other people’s spirit to help. This is targeted to help Madam President, we are still opti- speeches. those who are in need in our society. It mistic. We believe we can do what f is something the President cares about needs to be done for the American peo- and Senator LIEBERMAN, as do others, ple. This is a critical piece of legisla- THE PRESIDENT’S FAITH-BASED including Senator DASCHLE. tion to families all over America. We INITIATIVE Let’s have a good-faith effort here to will not stop. We will not stop until Mr. SANTORUM. Madam President, move forward on this legislation and this legislation and this law that is so we have been trying over the last few find some sort of unanimous consent desperately needed is signed by the hours to get a unanimous consent agreement to move us forward on this President of the United States. agreement on the President’s faith- important piece of legislation that is The PRESIDING OFFICER. The Sen- based initiative called the CARE Act, so needed by those who want to be ator from Pennsylvania is recognized. passed out of the Senate Finance Com- helpful to others in need in our society. Mr. SANTORUM. Madam President, mittee on a bipartisan basis. We have Thank you. I yield the floor. they said they are standing with the been working, first, to clear a unani- The PRESIDING OFFICER. The Sen- American public on what they are de- mous consent agreement to get the ator from Utah is recognized. manding. The American public is de- CARE Act, as passed by the Finance Mr. BENNETT. Madam President, I manding health care insurance. The Committee, cleared without amend- ask unanimous consent that I may be Patients’ Bill of Rights dramatically ments being offered by either side, sim- allowed to proceed in morning business increased the cost of health insurance. ply a managers’ amendment that infor up to 30 minutes. If we are interested in what the Amer- cludes provisions not in the Finance The PRESIDING OFFICER. Without ican public is demanding, it is lower Committee mark because the Finance objection, it is so ordered. Mr. GRAHAM. Will the Senator allow health insurance bills. What they Committee didn’t have jurisdiction me to enter a unanimous consent re- would have gotten if this bill had over those elements of the bill that quest as well? passed and become law in the Senate is Senator LIEBERMAN and I and the Mr. BENNETT. I am happy to. higher health care bills, because under President have agreed on as a com- Mr. GRAHAM. Madam President, I this bill we would allow employers to promise. We tried to clear that, and ask unanimous consent that I be al- be sued—yes, not HMOs. You always there was objection. lowed to speak as in morning business So Senator LIEBERMAN and I talked hear HMOs, HMOs. Look, I am happy up to 20 minutes immediately after the with Senator DASCHLE to see if we to have HMOs, but what this bill al- Senator from Utah. lows, what they have been arguing for could clear a unanimous consent with Mr. REED. Reserving the right to ob- from day one is to allow people who the limitation on amendments—not ject. I have been waiting patiently for have employer-provided insurance is to relevant amendments but simply tax many moments. I only have approxi- let the employer be sued. amendments. We suggested five on ei- mately 5 or 10 minutes to speak, and I To be clear, I haven’t talked to one ther side. That was cleared on our side. have a press deadline. The way it is employer in Pennsylvania who, if the That was acceptable to us, to have a right now, I will get the floor an hour Senate bill were passed, which allows limitation on amendments of five on from now. Is there a way I might be employers to be sued simply by pro- each side. We have just been informed able to go before my colleagues? viding insurance to their employees—I that is not acceptable on the Democrat Mr. BENNETT. Madam President, I haven’t talked to one who said: I am side. We asked if six was. No. Seven? have no problem with the Senator from out of the insurance business; that is No. Rhode Island going ahead. I have been not my job; that is not why I provide So my concern is that we will not waiting while the other three Senators insurance to employees. I do it as a take the bill clean or with a limitation went through. I don’t have to worry benefit and to be competitive in the on amendments. I guess I have to ask— about a press deadline in Utah. We marketplace. But do you know what. I and I will not propound a unanimous have probably already passed it. I am am not going to open up the books and consent request, but I believe there are happy to allow the Senator from Rhode the entire revenues of my company to Members on both sides working in good Island to go first if the Senator from trial lawyers suing on behalf of my em- faith to see if we can get this piece of Florida is agreeable. ployees because they got a bad health legislation before the Senate and get it Mr. GRAHAM. I am agreeable to the care outfit. enacted into law. It is something I unanimous consent agreement that I This bill will not only drive up costs, know Members on both sides of the follow the Senator from Utah. but it will drive employers out of pro- aisle feel very strongly about—to sup- The PRESIDING OFFICER. Without viding health insurance. That is not port charitable giving at a time when objection, it is so ordered. what the American public is demand- charitable giving has really taken it on The Senator from Rhode Island. ing. They are not demanding higher the chin, other than with respect to 9/ Mr. REED. Madam President, let me costs and to be uninsured by their em- 11. With the stock market down, we thank the Senators from Utah and ployers. That is what this bill would have seen charitable giving go down Florida for their graciousness in allow- do. and, in some cases, dramatically. This ing me to go forward.

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00027 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7844 CONGRESSIONAL RECORD — SENATE August 1, 2002 REAUTHORIZATION OF TEM- TANF block grant funds to help work- If the Senate were to permit TANF PORARY ASSISTANCE TO NEEDY ing families, because any month in funds to be used in this flexible way, FAMILIES which Federal funds are used to pro- families would continue to be subject Mr. REED. Madam President, I rise vide ‘‘assistance’’ to a working family to all other Federal and State TANF to discuss the necessity to provide counts against the Federal time limit requirements, including work and uni- broader flexibility to States in their ef- on assistance. versal engagement requirements. But fort to reward work, lift people out of Some States, including my state of States would have flexibility in decid- poverty, and benefit children. As we Rhode Island, Illinois, Delaware, Mary- ing whether to exercise the option and contemplate the reauthorization of the land, and Pennsylvania, operate pro- for how long to exercise this option. Temporary Assistance to Needy Fami- grams using State money to help low- This provision has no cost; it would lies, TANF, program, we have to ask income working families. In Rhode Is- simply give States more flexibility in ourselves: On what basis do we want to land, our Family Independence Pro- using existing Federal TANF funds to judge the success of welfare reform? gram, FIP, provides a State earnings support low-income working families. Will we focus only on the reduction supplement as a work support and does Earnings supplements have a proven of case loads and increases in work par- not count it as ‘‘assistance’’ if a parent record for boosting work and ‘‘making ticipation, without regard to whether is working at least 30 hours per week. work pay.’’ These programs reward the wage levels raise families out of Using this FIP wage supplement, those who do the right thing by getting poverty and children are better off? Or, families have funds to buy basic neces- jobs and it results in better outcomes do we want to build a system that sities. for children. I urge my colleagues to work with truly breaks the cycle of poverty and Knowing that their income will not me during the upcoming debate on the supports the long-term economic well- plummet after some artificial time limit is an incentive to find a job. Pro- welfare reauthorization bill to ensure being of welfare recipients and results the inclusion of this broader flexibility in a better future for children? viding stable income helps parents stay attached to the workforce and rewards for States. We need to move to the next genera- I again thank the Senator from Utah tion of welfare reform. Our goal should work. For example, a mother with two chil- for his kindness and graciousness. I be to reduce poverty, reward work, and yield the floor. ensure the well-being of children. dren, who works 30 hours per week and earns the average starting wage of The PRESIDING OFFICER. The Sen- Much of the debate on welfare policy ator from Utah. revolves around the issue of work, but about $7.80 per hour in Rhode Island, how do we reward work? During the receives a supplemental FIP payment f past two decades states have experi- of $132 per month. This brings her total INTERNATIONAL CRIMINAL COURT mented with new approaches to cash income to about $1,044 per month. Even Mr. BENNETT. Madam President, 1 welfare assistance for low-income fami- with this supplement even with her month ago today on July 1, 2002, the lies. These initiatives have included work, that $1,000 per month is still only International Criminal Court was for- mandatory employment services, earn- 83 percent of the Federal poverty level. mally brought into existence. There ings supplements, and time limits on With a supplement and with work has been objection to the International welfare receipt. these women are still not making in- Criminal Court in America and, indeed, How do we know which strategies come relative to the poverty level. there has been a great deal of angst work best? A federally-funded evalua- If Rhode Island did not use state dol- among our friends and allies around tion of welfare-to-work experiments by lars for the wage supplement, when a the world over the fact that President Manpower Demonstration Research mother reached her 5-year time limit Bush removed America’s signature Corporation, MDRC, provides a wealth and the FIP payment stopped, she from the treaty that created the Inter- of information on the effect of these would lose 13 percent of her total in- national Criminal Court. strategies on employment and income, come. I have read some of the press around as well as child well-being. This rig- Using State funds offers broader this controversy with great interest. I orous random-assignment research lays flexibility for States to support fami- have been particularly struck by the a strong foundation for legislative de- lies that meet work requirements and fact that Chris Patton of the European liberations about the reauthorization yet remain eligible for earnings supple- Parliament, who is probably as good a of TANF. ments because of low wages. However, friend as America has anywhere in Eu- Although most of these initiatives with State budgets being severely con- rope, has, in the American newspapers, increased the employment rate among strained, the ability to sustain this expressed his great concern about our welfare recipients, programs that in- work support for low-income families failure to endorse the International cluded only mandatory employment is in jeopardy. Criminal Court and to fully support it. services usually left families no better Further, as a State equity issue, all I cannot speak for the administra- off financially than they would have States should have the flexibility to tion. I cannot speak for my colleagues been without the programs. use their Federal TANF funds to help in the Senate, but I can speak for my- The only programs that both in- low-income working families without self, and I think Chris Patton and the creased work and made families finan- restrictions—for the simple reason that others throughout the world who have cially better off were those that pro- it works. expressed concern with our actions on vided earnings supplements to low- Sadly, the income-enhancing effects this issue have the right to understand wage workers. These programs also in- of wage supplements and the positive why some Americans are opposed to creased job retention and produced a effects on children are undermined by the International Criminal Court. I in- range of positive effects for children, current restrictions on the use of tend to lay out today the reasons why including better school performance TANF funds and definitions of what I, as one Senator, am opposed to the and fewer behavioral and emotional counts as ‘‘assistance.’’ International Criminal Court in an ef- problems for elementary school-age Income gains disappear after families fort to help our friends around the children. One income-raising program reach their time limits. The rigidity of world understand some of the difficul- also significantly reduced domestic vi- the current system that counts wage ties that many Americans have and to olence and family breakup. subsidies as ‘‘assistance’’ conflicts with make it clear that my opposition to Earnings supplements are easily pro- the success of supplemental cash pay- the International Criminal Court is not vided to working recipients by allowing ments, which rewards work. a knee-jerk response as some European them to keep more of their benefits. If we want to reward work and help newspapers may expect. For example, some States have not cut children, we must give States the flexi- First, I should make it clear for or eliminated a family’s assistance on bility and the option to provide con- those who may be listening or who a dollar-for-dollar basis when the fam- tinuing assistance to working families might read the speech afterwards what ily enters employment. using Federal TANF dollars, ensuring the International Criminal Court is be- However, under current law, States that these supplements are not consid- cause I find that many of my constitu- are restricted in how they can use their ered ‘‘assistance’’ under this program. ents have no idea what it is. So very

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00028 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 1, 2002 CONGRESSIONAL RECORD — SENATE S7845 quickly, Madam President, I will lay out of work. It is a good thing for the the Continental Congress believed were out what it is we are talking about United States to be part of the WTO. beyond debate; that is, self-evident here. So my opposition to the International truths. One of these self-evident truths The International Criminal Court is Criminal Court is not because I am held that individual rights do not come a permanent international judicial in- automatically opposed to international from government. The phrase in the stitution that was organized and estab- agreements. Declaration of Independence is ‘‘en- lished by countries around the world Also, it is not because I want, as dowed by their Creator with certain for the purpose of redressing the most some European journalists suggest, unalienable rights.’’ The purpose of serious crimes in the international American dominance around the world; government is set forth in that docu- community. And here we are talking that America is so haughty and so ment. The purpose of government is to about those crimes that historically proud that we cannot honor any kind secure these rights, deriving its just have lent themselves to war crimes tri- of international law. I am enough of a powers from the consent of the gov- bunals—genocide, crimes against hu- student of history to know that any su- erned. manity, and war crimes. Those are the perpower that tries to dominate the These are sacred words to Americans, crimes considered to be so horrific that world through their own power ulti- and they come, as I say, from our first nations and leaders of nations can be mately falls. The Romans found they state document, and I believe still our held responsible for their commission. could not maintain a worldwide em- most powerful. The International Criminal Court is pire. The Ottomans found they could The reason they are so sacred is be- similar in purpose to the World War II not maintain the far-flung empire that cause we are the only nation in the tribunals that were convened after the existed all the way from Spain to the world that is founded on an idea. Every end of that conflict. We know of the borders of India. More recently the other nation throughout the world is Nuremberg trials and the trials related British, with the viceroy in India and founded on a tribe. People are bound to the Japanese war criminals. The troops around the world, discovered together by a common ethnic history. International Criminal Court was cre- they could not do it either. That may have been our beginning, but ated as a permanent tribunal of that I do not think the International it is not the nation we now have. kind. It is comparable to two tribunals Criminal Court is a bad idea because I If I may go back to an example very that are currently in operation: The want America to take some kind of close to Utah and talk about the Olym- International Criminal Tribunal for hyper-power position of dominance pics. If one watched the Olympics on Former Yugoslavia, and the Inter- around the world. I think America’s television and saw the athletes coming national Criminal Tribunal for Rwan- record throughout history is very good from the various countries around the da. on this issue. We should remember that world, one can almost always identify In both cases, those two bodies are Americans, when they win wars, do not where the athlete is from by his or her moving forward to identify the individ- occupy territory. When we won the name or the ethnic look that he or she uals who committed crimes against hu- Second World War, we not only liber- brings to the television. But that can- manity, or war crimes, and take action ated the Dutch, the French, and the not be done with Americans. The against them in an effort to establish Belgians, we also liberated the Ger- American Olympians are named Kuan an international norm of behavior and mans. They are freer today than they and Lapinski, Louganis and Blair, Jor- make it possible to hold people ac- were under the Nazis. They have more dan and Byrd. They are Black, they are countable for how they behaved in con- human rights and more individual White, they are Asian in ethnic back- flicts. property rights than they ever had ground. They come from all over the Currently, over 75 countries have prior to the war. world. ratified or otherwise accepted the stat- America leaves behind, as we now are In America, we do not have a com- ute that created the International demonstrating in Afghanistan, a legacy mon tribal base. All that holds us to- Criminal Court. That statute said when of freedom and food, and that legacy gether as a nation is a dedication to 60 countries had ratified, it would be- will continue. So the suggestion that the ideas set forth in the Declaration come effective. It is effective as of July opposition to the International Crimi- of Independence, the ideas that our 1. It is located in The Hague. nal Court stems from some kind of em- rights come from God and that the pur- So with that background, let me out- pire impulse on the part of Americans pose of government is to secure those line why I am opposed to America’s is something I reject. rights, not grant them in the first ratification and support of the Inter- Finally, I do not reject the Inter- place. national Criminal Court as it currently national Criminal Court because I want That is demonstrated by the fact stands. I will begin by saying why I am Americans to dismiss the importance that those of us in this Chamber, un- not taking this position. of international law. After all, the like any other parliamentarians or of- I am not taking this position because United Nations, which heavily influ- ficeholders around the world, do not I believe America should not enter into ences the development of international take an oath to uphold and defend the international agreements. I know there law, was an American idea and is lo- country or the people. Our oath is to are some who say we should not have cated on American soil and has been uphold and defend the Constitution any international agreements at all. supported by American appropriations. that was drafted to incorporate the That position is foolish, in my view. Most United Nations functions around core idea of this Nation. We have a We have to enter into international the world involve American troops. So sworn oath recorded in Heaven, to use agreements in the world in which we I reject many of the journalistic argu- Lincoln’s phrase, to uphold and defend now live. Indeed, one could argue it is ments that supposedly explain why I the Constitution against all enemies. to America’s benefit to do so. oppose the International Criminal So we have a unique attitude about There has been controversy, for ex- Court. I do not think they are appro- rights, about law, and about our re- ample, about the World Trade Organi- priate. sponsibilities to a document and an zation, the WTO. I have constituents So why do I object to the Inter- idea that undergirds that document. who complain about America member- national Criminal Court? I need to go Let me speak a little more American ship in the WTO saying it is terrible back a little bit in history, and I hope history, and any of our European that we are under this international my colleagues will indulge me as I go friends who might ultimately read this agreement. I tell them that the WTO into America’s history to lay the predi- speech might, I would hope, find this was America’s idea and that the WTO cate for the position I am taking. We in somewhat interesting. I think there is makes it possible for Americans to do America adopted as our first state something of a parallel between the business around the world. If we did paper a document we call the Declara- adoption of the Constitution and the not have this kind of mechanism to tion of Independence. It is perhaps the discussions that are going on around sort through the disagreements on most important state paper we have the world right now. trade issues, America would not be able ever adopted. The 13 States that made up the to export, America’s economy would be In the Declaration of Independence, United States of America in the first damaged, and Americans would be put we lay down certain principles which place were united against a common

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00029 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7846 CONGRESSIONAL RECORD — SENATE August 1, 2002 enemy during the Revolutionary War. cifically, you will inevitably forget given by Madison and Hamilton. My But when the war was over, they began something, and then by not listing that concerns are reinforced by some of the to quarrel among themselves. They which you forget, you will put that things I have heard. For example, I each printed their own money. There right in peril. have been told there are groups that were tariff barriers between States. Everybody understands, Madison and want to bring suit in the International There were all kinds of arguments Hamilton said, that all of the rights we Criminal Court against President Bush, about what law would apply from one have are protected by the Constitution charging him with a crime against hu- State to the other, somewhat like the as it exists, and to specify them will manity for his failure to send the confusion that goes on around the limit them. You are making a mistake Kyoto treaty to the Senate for ratifica- world today. if you demand specificity. tion, that his opposition to the Kyoto The decision was made to try to find Patrick Henry was having none of treaty constitutes such a gross viola- a way to impose a single rule of law that. Patrick Henry stood firm and de- tion of the opportunities around the across all 13 of these States. That is manded the defeat of the ratification world that it is a crime against human- what produced the Constitutional Con- resolution in the Virginia Legislature. ity. vention. When the Constitution was However, he ultimately gave way to I have inquired whether or not such written and then submitted to the 13 the predominant rule of politics in an action could come before the Inter- States for ratification, it said, much America in the 18th century which is: national Criminal Court and have gone like the underlying statute of the Anybody who opposes George Wash- through it with legal scholars. The an- International Criminal Court, that it ington loses. George Washington, as swer is, yes, such an action could come would take effect as soon as three- the president of the constitutional con- before the Court, but, of course, it fourths of the States had ratified it. It ference, had enough prestige that the would be laughed out by the prosecutor did not require unanimous ratification Constitution was, indeed, ratified in and the President would never have to but said that as soon as three-fourths Virginia but with this political under- go to trial. That does not give me a lot of these States have ratified it, it will standing: James Madison said, if you of reassurance, that the case could be take hold and it will apply to all. Now, ratify the Constitution, I will run for brought—but of course the President in the practical world of that time, one Congress. I will go into the House of would not be found guilty. State could prevent it from taking hold Representatives—which he assumed How can we know, 20 years from now, because if that one State, which was so would be the dominant body of the new or 30 years from now, that some future much more powerful than the others, government—and I will propose a bill President would be found guilty for had not ratified it, the whole thing of rights. That promise took enough making a policy decision that he or she would have fallen apart. That was the sting out of Patrick Henry’s argument decided was in the best interest of the State of Virginia. Another State argu- that Patrick Henry lost the fight and United States but that the Inter- ably in that same position would be the Virginia ratified and the Constitution national Criminal Court decided was State of New York. If Virginia and New was adopted and we had the new na- not in the best interest of the rest of York had not ratified, the other 11 tion. the world, and so it would be defined as could have, and we still would not have True to his political promise, Madi- a crime against humanity? And given had a workable document. son went to the House of Representa- the vague nature of the statute of the This, if I may be so bold, is somewhat tives, and offered 12 articles of amend- International Criminal Court, that is a similar to the situation that people are ment to the Constitution, 11 of which very real possibility. raising with respect to the Inter- were adopted. The first 10 we now re- Let me give another possibility that national Criminal Court. They say 75 vere as the Bill of Rights. We can now, comes very much to home. There are nations may ratify it but if the United looking back after two centuries, real- those around the world who are insist- States doesn’t, it will not work. And ize that Patrick Henry was right, that ing that the United States pick a nu- the United States is outside. the Bill of Rights is as much a revered merical target for foreign aid; that is, Back to our own history for a mo- part of the idea that holds this country we pick a number which would be a ment. Virginia was outside. Virginia together as anything else that is writ- percentage of GDP. And they are say- was not the first State to ratify, Dela- ten in the Declaration of Independence ing in their rhetoric that the United ware was, followed by Pennsylvania, or the rest of the Constitution itself. States is not meeting its responsibility followed by Georgia, and so on. But We hold commemorative ceremonies to the underdeveloped world until it Virginia was holding out. One of the honoring the adoption of the Bill of meets this arbitrary percentage of GDP reasons Virginia was holding out was Rights. in adopting foreign aid. that the man who was arguably the Now, what does this have to do with I am a member of the Foreign Oper- second most powerful politician in Vir- the International Criminal Court? At ations Subcommittee of the Appropria- ginia—the No. 1 politician in Virginia the risk of being overly egotistical, let tions Committee, the subcommittee was, of course, George Washington— me try to play Patrick Henry. The that determines how much foreign aid and the second most powerful politi- International Criminal Court is based we appropriate. Under the language of cian in Virginia, Patrick Henry, mul- on a statute that is vague, so vague the International Criminal Court, am I tiple times Governor of Virginia, was that I believe my constitutional rights, liable for my actions as a Member of unalterably opposed to the Constitu- those for which Henry, Madison, Ham- the Senate? The language is very spe- tion. He led the fight against ratifica- ilton, and Washington and all the rest cific. Being a member of the par- tion in Virginia on this ground: He said of them fought, are in peril. When I say liament does not exempt one from the there is no bill of rights in this Con- that to my European friends, quite jurisdiction of the International Crimi- stitution. The rights that it seeks to frankly, they laugh. Or they say to me, nal Court. protect for us Americans are not speci- reminiscent of Madison’s argument to Suppose someone decides that the fied. I am not sure that he used the Hamilton, no, no, no. You misunder- U.S. failure to meet that artificial term ‘‘vague’’ but he could have be- stand. The International Criminal number constitutes a crime against hu- cause the Constitution, as originally Court is not going to threaten your manity and that if we do not raise our drafted, was very vague about which constitutional rights in any way. It is foreign aid to that number, all of those rights would be preserved. designed to go after the bad guys. It is who are legislators, most specifically Now, the leading politician in Vir- designed with the same intent as the those who are appropriators, can be ginia seeking ratification, James Madi- tribunal for Yugoslavia or the tribunal hauled before the International Crimi- son, and Alexander Hamilton, who did for Rwanda. It is designed to make sure nal Court and prosecuted for our fail- get it ratified in New York, argued that we have a permanent tribunal in ure to adopt that kind of appropria- with Patrick Henry. Madison and Ham- place. tion. ilton said to Patrick Henry: You don’t My reaction to the assurances that I do not want to run the risk. When want these rights laid out specifically my rights will never be attacked is, I I raise it, once again, with those who in this Constitution; you want to leave think, in concert with Patrick Henry’s are in favor of the International Crimi- it vague. If you enumerate them spe- reaction to the assurances that he was nal Court, they laugh it off and say

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00030 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 1, 2002 CONGRESSIONAL RECORD — SENATE S7847 that is not why it was designed, that is stitutional rights because the statute ica’s track record of behavior is so not what it will look at, no, that kind creating that tribunal is vague on the good that I am sure America could of prosecution will never be brought. area of his rights. handle this without any difficulty. My Then when I raise the question: But There is another incident that has problem is the vagueness. My problem could it be brought under the language just come up. The same tribunal, which is the possibility that the Inter- of the statute as it currently exists? we are told is a precedent for the Inter- national Criminal Court will go far be- They say, Well, yes, it could be. But national Criminal Court, has been yond what we think of as war crimes you know the prosecutor would never asked to indict William Jefferson Clin- and will invent new ones, like the ones go forward with such a case. ton and his National Security Adviser, I have described here. My problem is Again, at the risk of being immodest, Anthony Lake; and the then-Deputy that we do not have a clear outline of I want to be Patrick Henry on this National Security Adviser, Samuel rights that will be protected in this issue. I want to say we will not pro- Berger; and Ambassador Richard Court. ceed—I will not proceed; again, I will Holbrooke; and the U.S. Ambassador to Just as Patrick Henry stood and said, not speak for my colleagues—I will not Croatia, Peter Galbraith, all of whom do not ratify the Constitution of the proceed to vote to ratify a treaty on are being accused of complicity in war United States until there is a clear bill the International Criminal Court until crimes conducted by a Croatian general of rights written into it, and held that I am satisfied that the language is so who was acting within the framework position to the point that James Madi- absolute that I will not lose any rights of American foreign policy at the time. son finally gave in and gave us the Bill I currently have under the U.S. Con- Here is a case where a President and of Rights, I think American legislators stitution. his advisers make a decision in the best should stand and say: Do not ratify the I say to those who say: no, no, this is interests of the United States. The International Criminal Court until only going to deal with people like President and his advisers are now there is a bill of rights, until we know Milosevic. We are never going to see being investigated to see whether or exactly that the rights we have under this sort of frivolous activity, and the not they should be called before the the Constitution, that the Declaration United States should understand that tribunal. of Independence declares as being ours you have no need to worry whatsoever The specter of an American President by God-given sanction, are protected, about this international tribunal. In- called before an international tribunal that Americans will not be called be- deed, the United States helped create for actions as straightforward as Presi- fore this Court in a way that would put safeguards that are already in the dent Clinton’s actions were in this cir- us in jeopardy of those rights. That is International Criminal Court that say cumstance is a specter I do not want to my bottom line with respect to the if the United States proceeds to pros- see repeated before the International International Criminal Court. ecute someone who is accused of a war Criminal Court. I do not want any fu- I believe the United States should crime, the International Criminal ture American President to believe stay engaged and involved in discus- Court will lose its jurisdiction. In other that he or she is in danger of being sions about it. I don’t think we should words, if an American serviceman is named as an accomplice in some act of turn our backs and walk away and say accused of a war crime, as happened in some other individual. We do not know we will never have anything to do with Vietnam in the village of Mi Lai, and whether or not the International it or be involved in it. I think by virtue the United States prosecuted that serv- Criminal Court could do that under its of its observer status, which it still has iceman, as we did under the Uniform present statute. It is so vague that it with respect to the International Code of Military Justice, then the ICC cannot answer that question. In other Criminal Court, the United States has no jurisdiction and backs away. So words, under the present circumstance, should continue to talk to the other you, who have a great track record of it is not just an American citizen such countries in the world about this. prosecuting war crimes among your as the reporter from the Washington But the bottom line should be that own servicemen, need have no worry Post who might be called in, it is not when the United States finally does de- whatsoever of this international tri- just a member of the Appropriations cide to ratify the International Crimi- bunal. Committee who might be called in, nal Court, it will be in a regime where We have two precedents that are now there is a precedent being established no American citizen will lose any of before us that have just come up in the that the President of the United States the rights that are currently guaran- last few months, and I find them dis- might be called in to answer in this teed to him or her under the American turbing in the face of all of these reas- international forum for actions he or Constitution. surances. The first one has been writ- she took in the best interests of the I believe it can be done. I encourage ten about rather extensively in the United States as those interests were everyone around the world to focus on Washington Post and the New York defined at the time. that and not say we don’t need to talk Times. It involves a Washington Post So I come back to my reasons for not about that, that this is just for the bad reporter who has been subpoenaed. He wanting to ratify the treaty creating guys, but recognize that if you are happens to live in Paris right now. He the International Criminal Court. I un- building an institution that is going to has been summoned by the tribunal derstand that as he signed it, President last for 50, or 100, or 200 years, as our dealing with Yugoslavia to come in and Clinton himself said this treaty is not Constitution has, you must be as care- testify. And he said: I don’t want to ready for ratification. President Bush ful in creating it as the Founders were come in and testify. It would have a took our signature off it in order to in creating our Constitution in the chilling effect on reporters covering make it clear to the world that it was first place. the war if we thought the things we not ready for ratification. I applaud We are the freest nation in the world. wrote about the war would be subject that position—both President Clinton’s We would like the rest of the world to to the jurisdiction of a war crimes tri- position that it is not ready to be rati- have the same benefits as we do. Let us bunal afterwards. fied and President Bush’s decision to be very careful as we create an inter- The Washington Post has taken the remove all doubt as to America’s posi- national judicial body to make sure position that the reporter is exactly tion on this point. that it maintains that high standard of right. It has been written up in the But I do want to make it clear, as I freedom. New York Times also, sympathetically. tried to do at the beginning, that I am I yield the floor. The reporter’s name is Jonathan C. not opposed to the idea of creating f Randal. He is retired from the Post. As some kind of tribunal that can deal I say, he now lives in Paris. The Yugo- with these heinous crimes we see TRADE ACT OF 2002 slavia tribunal has said: You do not around us in this world that is still not Mr. CORZINE. Madam President, I have the right to refuse. We are going rid of the horrific activities that are rise today, sadly, to express my sincere to require you to come. And he can be called war crimes and crimes against disappointment with the passage of the arrested by the police in Paris, handed humanity. I am not opposed to Amer- Trade Act conference report. over to the tribunal by the police in ica being subject to the rule of inter- It is deeply troubling to me. I will go France, and he loses his American con- national law in an area where Amer- through a number of the reasons I have

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00031 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7848 CONGRESSIONAL RECORD — SENATE August 1, 2002 these feelings and why I think they do not match the rhetoric with regard well as free trade, if you are looking need to be expressed in an explicit na- to the hope that I think we promised. for those kinds of elements in a legiti- ture. There is also talk that coverage is mate movement forward in our trade I come from a business background, going to be broad. But when you look relationships. as many know. While I was a very sym- at the fine print, the fact is that the With regard to the role of Congress, pathetic and active promoter of the element of production shifts doesn’t in- there was debate on the floor about passage of NAFTA early in the nine- clude some of the biggest market- Dayton-Craig, which we adopted, which ties, I believe in the principle of com- places—places where production is had to do with having a real challenge parative advantage and understand likely to shift because of the applica- to trade remedies in these packages. that it can work to maintain competi- bility of the law as it stands. We pulled back, and we now have a tion in prices for many goods and serv- For instance, in fact, Brazil and sense of the Congress. I do not think ices broadly throughout our society, China and Southeast Asia are generally anybody believes that is going to seri- and in certain sectors of our economy left uncovered. If a factory moves out ously impact how this process is going it certainly can promote job growth. of the State of Washington or the State to go forward. It may sound good for But on balance, when we look at the of New Jersey and moves to those press releases and sound bites, that we nature of a lot of the elements that are countries, they are excluded from some are really being involved in the proc- a part of this so-called fast-track trade of the definitions of how a shift in pro- ess, but I do not think it deals with the promotion authority given today, I duction would apply and whether there facts as we see them. I think it is a se- think the costs and the benefits don’t is a need for trade assistance. rious problem. align themselves well at all. I feel par- While countries such as Jordan, There is another element that I also ticularly troubled by the dilution of Israel, and the Caribbean Basin, and think is truly important with regard to many of the elements that were in the the Indian region are included in those fast track and an element with regard Senate bill that went to conference definitions, they make up about 5 per- to the role of Congress. The conference that really left us in an even weaker cent of the American trade, and large agreement adds a completely new re- position with respect to where we blocks of that are in places left out of striction that was not in the House bill stand in protecting workers’ environ- the shift in coverage for production. I or the Senate bill, and that would pro- mental rights and the ability of Amer- think it is a real problem. It is a real vide that there is only one privileged ica to represents its own interests in problem with the reality of matching resolution per negotiation on any given negotiations. the language. trade treaty—one. There are also some fine-print issues We talk, particularly in the Senate We had no restrictions on those in that I am very concerned about—the bill, about substantial resources for other situations. We could now see a potential for degradation of our anti- workers who lose their jobs. The con- real weakening of the ability of Con- trust laws and the ability for American ference committee report came back gress to have a legitimate role in de- law to be represented on a coequal $30 million below CBO’s estimate and bate with regard to the elements of basis with what we see as potentially $80 million below what the Senate bill trade negotiating. being dictated by trade laws as we go authorized—already a skinny number Finally, on this particular piece, one forward. I will try to itemize some of and one that I think makes the hope of element that troubles me the most is those. real job retraining something that is a that in many ways we have changed Again, I understand there is a strong false hope for a lot of folks when you the language, where we are going to theoretical case for comparative ad- translate it into the reality of how it provide greater rights for foreign inves- vantage. But I think when you put it in will work. tors than are available to U.S. inves- the specific context with the fine print Continuing. Labor and environ- tors under U.S. law. And that is be- of the details we are talking about mental standards: We all fought for the cause we just changed a word in the with regard to this trade law, this is a Jordanian standard, the agreement language to say: Foreign investors very troubling piece of legislation. And that was negotiated on a specific trade should not be accorded greater sub- I hope it is one that I am wrong about agreement. It was to make sure that stantive rights than U.S. investors. and that we will not come to regret those standards were met in all future The only thing new is that we put in over a period of time. trade agreements. the word ‘‘substantive.’’ And ‘‘sub- Let me start with the reality that When the conference agreement came stantive’’ leaves it open to trade nego- anytime something passes, there will back, we found that it allows for the tiators to decide what rights are equal be shifts in economic fortunes for sec- preservation of status quo elements or unequal. tors of the economy. One of the reasons with regard to basic protections for By the time we get done applying we fought so hard for trade adjustment children under 14. That means in that, we could very well see substan- authority in the package in the Sen- Burma, if they are truly practicing tially different treatment for foreign ate—and that many of us believed we slave labor, they can maintain the sta- investors than we would see for U.S. in- made a little progress thereon—was tus quo in any kind of trade negotia- vestors. I think it is a definite weak- health care benefits and employment tions. It denies the basic rights of ening of what is appropriate as we go insurance. Some of those stayed. But, workers to operate with collective bar- through the application of these trade in fact, I think we undermined very se- gaining in countries where they don’t laws and needs to be watched very riously the conference report benefits already have it. There is no change for carefully. I suspect it will lead to an that we were applying in health insur- those countries to which we might enormous amount of litigation as time ance versus the simple elementary want to apply those standards. That is goes forward. But a lot of the decisions move from a 75-percent to a 5-percent really a quite serious backing away with regard to that will be taking place tax credit. We undermined the defini- from the standards that were included behind closed doors and by trade nego- tion of the pool in which workers in the Jordanian agreement which I tiators and trade adjustment bodies. So would be available. think most people would embrace. And there are a number of issues that con- While we have the language that we they would have made for a very seri- cern me. are aiding those who lose their jobs as ous, positive step forward in our trade There are a couple of other issues I a result of trade activities and shifts in negotiations. This is a very serious want to cite before I yield the floor be- production offshore, when you look at backing away that I think really does cause I think they are also important. the details, it will be very hard for undermine the labor standards. It seems to me, in line with what I those to be applicable, and in the prac- I will not go into details, but there was talking about before, we have put tical context of people’s lives it is real- are some provisions that we have ourselves into a position where foreign ly a false presentation. backed away from on environmental investors might very well have their By the way, there are no standards standards. We have, basically, a status international disputes resolved by with regard to the health benefits peo- quo standard for anyone who enters trade negotiators as opposed to courts. ple will get. There is no premium pro- into these negotiations. That is a dif- Let me just remind people that when tection for individuals. The details just ficult way to approach fair trade, as we were debating this on the Senate

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00032 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 1, 2002 CONGRESSIONAL RECORD — SENATE S7849 floor, we used the example of a Cana- nity provisions on profiling for Cus- not to waive the Budget Act to allow dian company that sued the State of toms officials that are included in this consideration of the Graham-Smith California with regard to the use of legislation. prescription drug compromise. This MTBE. The elected representatives of Current law provides qualified immu- legislation was estimated by the Con- the people of California determined nity to Customs agents which is based gressional Budget Office to cost $390 that MTBE was not such a good thing on the assessment of what a reasonable billion over the 10-year period, a cost for their health and environmental officer should have done in any given which turned out to be within a few quality of life. We have that same prop- situation. This means that the Cus- percentage points of the legislation of- osition in New Jersey. toms agent is entitled to immunity fered by the Republicans. Although But the judgment of one of these from suits if they conduct an unconsti- unscored by the Congressional Budget international trade bodies could over- tutional search based on a reasonable Office, the sponsors of the Republican rule that decision made by the people, but mistaken conclusion that reason- legislation estimated that their cost in legislation that was properly passed, able suspicion exists. This legislation was in the range of $370 billion. if the language is used that we talked expands that protection and estab- However, in spite of the fact that about, that substantive quality prin- lishes a new kind of immunity called both the Democratic and the Repub- ciple that was mentioned. I think this good faith immunity. lican plans were above $300 billion, is dangerous as we go forward, and it Essentially, a victim of an unconsti- which had been provided in the 2001 truly concerns me. tutional search would not be entitled Budget Act, almost 18 months out of Mostly, I am concerned that the prin- to relief unless the officer acted in bad date, in spite of that fact, we could not ciple of privatization may very well be faith, a nearly impossible standard to get the 60 votes to waive the Budget subject to rulings from trade bodies meet. So I think it is a significant Act and allow consideration of the sub- making a decision about whether some- weakening of the protections in our stance of the proposal to provide a crit- thing is appropriate or not, whether current law, and I find it dangerous. ical additional health care benefit for privatization is a restraint of trade or In March 2000, the GAO had a report America’s older citizens. not. We had a very close vote with re- that found that African-American Had we gotten to the proposal, what gard to the subject in the Senate, but women were nearly nine times more would the Graham-Smith compromise I think, very possibly, you could see likely to be subjected to x rays and have provided? It would have provided many services that are provided by customs searches than White women, full coverage to the 47 percent of Amer- State and local governments, and even and they were less than half as likely ica’s seniors whose incomes were below Social Security by the Federal Govern- to be found carrying any kind of con- 200 percent of poverty, approximately ment, being argued that it is a re- traband: The whole point of why racial $17,700 for a single person. It would profiling is not only morally wrong, it straint of or a break in our trade agree- have provided a mechanism for signifi- is bad law enforcement, and doesn’t ments, restricting the ability of the cant discounts, in the range of 15 to 25 lead to better results. foreign company to come in and pro- In fact, under the stewardship of percent, as well as a Federal subsidy on vide those services on a private basis. Commissioner Ray Kelly of the Cus- top of those discounts for all Ameri- This has been certainly challenged in toms Service, they implemented sig- cans. For all Americans, it would have other countries, and I am very fearful nificant changes in policies to stop the also provided insurance against cata- that we have set up a regimen that al- racial profiling that was occurring. I strophic costs, costs beyond $3,300 of lows those kinds of processes to hap- think we are taking a step backward payments made by the beneficiary. pen. here. It is just another one of the fine Think of this: Had we been able to Finally, there is an area that also is details that one sees in this conference get to the substance of our amend- quite concerning to me, and that deals report that make this not even ideal ment, Americans could have had the with some of what I am concerned but, I believe, bad legislation. opportunity of purchasing an insurance about with regard to civil liberties. I For a whole host of reasons—the di- policy for $25 a year that would have am pleased that included in the con- lution of our trade adjustment author- given them the peace of mind they ference report was the Senate provision ity; the issues with respect to the role would not be crippled, potentially fi- I authored with regard to the Customs of Congress, the role we rightfully nancially devastated, by the con- inspection of mail, to make sure you should be playing in this process; the sequences of a major health emer- have to get search warrants to look at role of foreign investors in America gency, such as a heart attack or being small letter carrier mail. and their ability to use trade agree- determined to have a chronic disease But I am very concerned that the ments to supersede U.S. law; some of such as diabetes. All seniors who fell conference report includes a poten- the civil liberties issues I pointed out into that category would have had all tially egregious violation of civil lib- and my concern about the use of the of their prescription drug costs above erties, in my view, and an expansion new trade laws to undermine public re- $3,300 per year paid with only a modest which is based on the expansion immu- sponsibility roles; the challenge to pri- $10-per-prescription copayment. nity for Customs officials. Quite sim- vatization that is a legitimate question This compromise would have afforded ply, there is a blank check for Customs that our elected officials should decide, very real protection and assistance to officers to engage in illegal behavior, not trade negotiators—I am led to the all Medicare beneficiaries at a cost particularly and including racial conclusion that we have the potential which both Republicans and Democrats profiling. for what could be a very seriously had deemed to be reasonable. I think the Presiding Officer knows I flawed piece of legislation. One of the fundamental reasons this have long been an outspoken opponent I voted against it in the Senate, and failed yesterday and I appear today is of racial profiling. I introduced legisla- I am even more strongly opposed to the because at the last minute—I correct tion with Senators FEINGOLD and CLIN- conference report. I hope I am wrong that to say, within the last hour before TON and Representative CONYERS in the and the majority in the Senate are cor- the vote was taken, the information on House, the End Racial Profiling Act, rect. But there are grave dangers em- this chart was dragged from some which really does work against the bedded in this. We will need to monitor source and reproduced on a floor chart kind of action I think we have seen very carefully the application of this used by one of my colleagues and in documented with the Customs Service trade law as we go forward. handouts which were circulated in the in previous measures. I think that I yield the floor. Chamber, which purported to show needs to be addressed. The PRESIDING OFFICER (Ms. that the effect of adopting our amend- The President and the Attorney Gen- CANTWELL). The Senator from Florida. ment would be to impose massive new eral have recognized that racial f costs on the States. profiling is wrong and must be ended. It was stated that the first-year cost The President acknowledged that in GRAHAM-SMITH PRESCRIPTION would be over $5 billion, and the 10- his very first State of the Union DRUG COMPROMISE year cost would be $70 billion. speech. I think we are taking a step Mr. GRAHAM. Madam President, Madam President, I accept the fact backwards by providing these immu- yesterday, July 31, the Senate voted that we have rules in the Senate and

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00033 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7850 CONGRESSIONAL RECORD — SENATE August 1, 2002 that one of those rules requires that to basis of the analysis that we have done. matching rate—including 100 percent waive the Budget Act, you have to It was the basis of the support that was matching rate for costs of those with have 60 votes. But what I cannot accept sought and gathered for the Graham- incomes between 150 and 200 percent of is the method that some of our oppo- Smith amendment. None of its sup- poverty. None of these savings are in- nents used to defeat our plan. porters, intentionally or otherwise, cluded in the analysis presented by my There is an old adage: Everyone is would have allowed a provision to be Republican colleagues. entitled to their opinion; no one is en- included that increased State costs. The Graham-Smith amendment does titled to their own facts. On the other hand, we have an anal- not include a ‘‘maintenance of effort’’ It is impossible to have an honest de- ysis that was developed by an unknown provision on current State spending on bate without everyone using the same source, distributed by unknown per- these programs. factual basis as the premise for their sons to the Senate floor. According to the National Council of arguments and opinions. We can’t pass The basis of our estimate is the non- State Legislators, 31 States already legislation in 1 week to make busi- partisan Congressional Budget Office, a provide pharmacy assistance programs nesses adopt honest accounting prac- set of experts with no political stake in and Medicaid drug waiver programs to tices and standards and then not apply this debate. The Congressional Budget seniors above 100 percent of poverty. honest accounting standards to our- Office estimates that the Graham- Three more are authorized to do so, but selves. Using only partial information Smith amendment would not increase have not yet implemented their au- that intentionally misleads U.S. Sen- State spending. thorization. All of these States would ators—in this case, misleading them to Let’s look at an analysis upon which receive significant relief under my pro- the wrong conclusion—is demeaning to the Congressional Budget Office predi- posal. Yet, none of these savings are in- this, the world’s greatest deliberative cated that statement, realities which cluded in the analysis presented by my body. the Republican analysis totally ig- Republican colleagues. Several of our colleagues used a nores: States would receive consider- According to the Congressional Budg- chart which misled other Senators into able relief from the creation of this et Office, states are currently spending believing that the Graham-Smith new Medicare prescription drug ben- roughly $95 billion on prescription amendment imposed these massive un- efit. drugs for Medicare beneficiaries funded mandates. In the words of one Let me explain why. Under current through the Medicaid program. A sig- of our colleagues: ‘‘$70 billion on the law, States are required to provide nificant portion of this amount would States.’’ drug benefits to those eligible for Sup- be assumed by the Federal Government This is simply untrue. It is, in my plemental Security Income, SSI—gen- under the Graham-Smith compromise opinion, an intentional misrepresenta- erally, those below 75 percent of pov- amendment, resulting in savings to the tion of the facts. erty—and others fully eligible for Med- States. The floor chart used by my col- The floor chart used yesterday, as icaid. leagues showing $70 billion of new ex- well as the paper distributed on the In addition, some States have elected penses was incomplete. I don’t know if Senate floor, contained no source as to to go up to 100 percent of poverty. the $70 billion figure is accurate, but I where the data was analyzed, or who Those seniors’ drug costs are now paid do know that the State savings among our colleagues would assume re- by the States at their regular Medicaid achieved by the Federal assumption of sponsibility for distributing this infor- matching rate. Therefore, States are costs currently borne by the states is mation. No one—in violation of the paying for part of total drug costs for not reflected on that chart. spirit of the Senate rules—would ac- these seniors, and the Federal Govern- So what we have is an analysis that cept personal responsibility for these ment is paying for part. only stated what the new cost to the distortions. Under our proposal, the Federal Gov- States would be as a result of this pro- What happened yesterday was Enron ernment would assume 100 percent of gram and failed to include the new sav- accounting come to the Senate Cham- the cost above $3,300 incurred by each ings to the States as a result of this ber. It makes a point based on an inac- senior currently covered by the Fed- program. curate representation of the facts. It eral-State match. Even the most junior budget analyst seems to me that if we are going to re- In addition, the Federal Government would not make the mistake of forget- quire companies to be more account- would be solely responsible for 5 per- ting that States will save dollars as a able, require their chief executives to cent of the costs incurred by each sen- result of the Graham-Smith amend- sign the financial statements before ior currently covered by the Federal- ment from the Federal assumption of they are released to the public, we State match; that is, 95 percent of the many costs. should require the same of ourselves in costs below the stop loss would con- This is more than an oversight; it is the Senate. tinue to be shared between the State a deliberate omission intended—unfor- In addition to distributing this dis- and the Federal Government. tunately, in some instances it appar- torted information, there were also However, all the costs above $3,300 ently had this effect—to scare off po- statements made as to the motivation would be assumed by the Federal Gov- tential supporters of a responsible pre- of the sponsors of this amendment. I ernment. Additionally, the Federal scription drug benefit for older Ameri- will quote a statement made by one of Government will pay for 100 percent of cans. our opponents who stated that: 5 percent of the drug costs. This analysis is but one of several po- The sponsors chose to spring the text The 100-percent Federal assumption litically motivated analyses which of this amendment on the Senate yes- of costs that are currently shared behave come out of the White House that terday for the first time. Perhaps they tween the Federal and State govern- conveniently support their policy posi- thought they could slip in something ments would result in substantial sav- tions. new that we would not catch. Well, we ings to the States. None of these sav- Let me just review a few of those po- caught it, and you know we have ings are included in this analysis. sitions. On July 18, 2002, the Office of caught it by the speeches of the Sen- Just yesterday, the administration Management and Budget wrote: ator from Maine. We actually have had approved a Medicaid waiver for the However, the administration opposes a chance, and we have studied the Gra- States of Maryland and Florida. This S. 812, [the underlying generic drug bill ham amendment. The Graham amend- waiver will allow those States to ex- that the Senate, by an overwhelming ment imposes a massive new burden on tend coverage for prescription drug majority, passed yesterday] in its cur- States just when State treasuries are costs to their citizens between 175 per- rent form because it will not provide in terrible shape. cent and 200 percent of poverty, re- lower drug prices. We have been accused of bad faith in spectfully, at the regular Medicaid No analysis by the Office of the Actu- offering this amendment, surrep- matching rate. ary supports that claim, and the Con- titiously attempting to commit the These States, plus others with simi- gressional Budget Office estimated States to a massive new unfunded com- lar waivers, would receive significant that the bill will save $60 billion to mitment. That is not true. In fact, the relief from having both a Medicare American prescription drug consumers Congressional Budget Office is the drug benefit and a higher Federal over the next 10 years.

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00034 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 1, 2002 CONGRESSIONAL RECORD — SENATE S7851 The Senate, by its overwhelming I conclude by saying that I hope in even comes down to the fact that in vote, obviously decided with the Con- future debates on the Medicare pre- the State of Florida, the pension pro- gressional Budget Office and not with scription drug benefit that we will all gram for Florida retirees was changed the White House Office of Management rely on the facts, not on incomplete within the last 2 years by the legisla- and Budget. and distorted analysis. Our seniors de- ture of Florida to basically allow a Second, the White House produced an serve better than what we have done to privatized element, other than a de- analysis claiming that the original date, because what we have done is fined benefit element for all Florida’s Graham-Miller-Kennedy bill would talk about, talk about, talk about, the 600,000 retirees. ‘‘bankrupt’’ the Medicare trust fund— need for a prescription drug benefit. We It sounded awfully good while the when this drug benefit, like the drug have not yet delivered, delivered, deliv- stock market was doing so well, but benefits in the Republican plan, is ered a responsible prescription drug now in the last few months, the stock funded through a distinct fund that has benefit. market has not been doing well. Lo and nothing whatsoever to do with Medi- It is going to be our challenge over behold, would you believe that out of care’s Part A. the next few weeks, working with the 600,000 retirees in Florida on the Flor- Third, just this month, OMB made its facts and with honest analysis of those ida retirement system, the State pen- midsession review look substantially facts, to arrive at a prescription drug sion, only 3,000 retirees out of 600,000 more rosy by including only $190 bil- plan that will meet the needs of our have signed up for the privatized re- lion for prescription drugs, despite the seniors, will provide us with the basis tirement plan. That should give us a fact that the Secretary of Health and of integrating a prescription drug ben- clue as to why we should not be Human Services, former Gov. Tommy efit into a comprehensive health care privatizing Social Security. Thompson, stated before Congress in program for older Americans, and to April: I do not want to hold my colleague find the political will to act this year. on the floor, but before he left the Congress has seen fit to raise the That will be our challenge and that funding for prescription drugs to $350 floor, I wanted to share that with him quest will be advanced if we all agree as I get into my comments on Social billion, and I came here today to indi- that we are going to differ in our opin- cate to you that the administration Security. ions, yes, but that we will all agree wants to work with that latter number. that we would use the same set of le- Mr. GRAHAM. Will the Senator This administration has not dem- yield? onstrated in actions or words that it gitimate facts. I thank the Chair, and I suggest the Mr. NELSON of Florida. With pleas- prioritizes State fiscal relief. As such, absence of a quorum. ure. its concern for States, as expressed on The PRESIDING OFFICER. The Mr. GRAHAM. The Florida retire- this distorted chart, is a new revela- clerk will call the roll. tion, only emerging when it is seeking ment plan, prior to its modification, The assistant legislative clerk pro- an excuse to oppose an amendment to was in what would be called a defined ceeded to call the roll. provide significant prescription drug benefit plan that gave security assur- Mr. NELSON of Florida. Madam assistance to America’s seniors. ance to Florida’s retirees as to what Less than a week ago the Adminis- President, I ask unanimous consent they would have in retirement, what trator of Medicare, Mr. Tom Scully, that the order for the quorum call be they could count on, what they could stated the administration opposed in- rescinded. sleep comfortably at night knowing creasing the Medicaid matching rate The PRESIDING OFFICER. Without was going to be available to them. even temporarily, an amendment objection, it is so ordered. Mr. NELSON of Florida. That is ex- which has been aggressively sought by Mr. NELSON of Florida. Madam actly right. It was a defined benefit. the States in order to receive some re- President, I wish to speak on a matter Every retiree did not have to worry lief from rapidly escalating Medicaid of great importance to this country, about the vicissitudes of the stock costs. The administration opposed that keeping the soundness of Social Secu- market and part of their retirement amendment. The Senate, by an over- rity—and I say to my colleague from suddenly disappearing overnight. Florida how much I appreciate the whelming vote last week, adopted it. Mr. GRAHAM. Is that not the same great leadership that he has given to I might say that during the consider- basic structure that we have had from the Nation in the last several weeks as ation of the tax bill, I was concerned the very beginning with Social Secu- he has led the effort to try to honor the that the proposal of the White House rity, that it also provides the same senior citizens of this country with a was to accelerate the repeal of the level of security and peace of mind to prescription drug benefit that would State’s portion of the estate tax at a its beneficiaries because it also is a de- modernize Medicare to provide for substantially faster rate than the re- fined-benefit program? peal of the Federal estate tax. In fact, what senior citizens ought to have in Mr. NELSON of Florida. It certainly the State’s portion of the estate tax the year 2002. is—the same system that has been in will evaporate in approximately 3 to 4 It has been my privilege and pleasure place in Florida for years, the system years, while the Federal Government’s to support him in his efforts. It is be- over which the senior Senator from share of the estate tax continues until yond me why we could not get the 60 Florida presided as Governor, and the year 2010. votes. Some of the misinformation that The effect of that early acceleration was distributed, as the senior Senator therefore the chairman of the State of the repeal of the State component of from Florida has explained, is part of Board of Administration that oversaw the estate tax will have a significant the reason. Part of the reason I happen the State retirement system, and when adverse financial effect on the States to think has something to do with par- I had the pleasure years later, as the beginning this fiscal year. tisan politics as well, unfortunately, elected State treasurer, of being one of The 47 percent of Medicare bene- during an election year. the three trustees of the State pension ficiaries with incomes below 200 per- I want him to know my profound ap- fund. cent of poverty would have gained com- preciation for him as a colleague, as a Mr. GRAHAM. Finally, does not the prehensive drug coverage had the Gra- friend, and as a leader for this Nation Senator think there are ample opportu- ham-Smith amendment been adopted. in offering a needed change to Medi- nities available for a person who wishes Seniors in all States would have been care for a prescription drug benefit. to take the risk and assume the chance helped. Seniors in all States would f that they may be buying into a stock have been given the peace of mind that market which is not always going up, if they suffered a debilitating illness or SOUNDNESS OF SOCIAL SECURITY they might be buying into a stock mar- disease or accident that they would Mr. NELSON of Florida. Mr. Presi- ket such as in recent months it seems have been helped with their cata- dent, tonight I want to discuss another that goes down more than up, that strophic drug costs, and the States subject which is near and dear to our they have plenty of opportunities with would have been helped by getting re- hearts, particularly the two of us com- their savings, and if they have an indi- lief through the Federal assumption of ing from Florida, on the attempts to vidual retirement account or a 401(k) costs that they are currently bearing. privatize Social Security. In fact, it to take some risk, but with the core of

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00035 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7852 CONGRESSIONAL RECORD — SENATE August 1, 2002 their retirement, Social Security and on this matter when we resume in Sep- assistance, in other words, being the basic retirement through their em- tember, because this issue has had trained to pick up a new job, now the ployer, that they would be well served scant attention—an article here, an ar- Federal Government is going to pick to have the confidence and assurance of ticle there, about how the Bush White up 65 percent of the health care cost, knowing what they are going to do and House is so intent that it wants to pri- an advanceable, refundable tax credit. not be on the Wall Street roulette vatize these accounts. Clearly, if the We don’t do that for somebody em- wheel as to what their retirement ben- times had not been of the economic ployed. We don’t do that for a lot of efits will be? downturn and the suffering that so people. But we will do it for somebody Mr. NELSON of Florida. The Senator many people have had in the stock who says, I was unemployed because of has said it very well, and Social Secu- market, perhaps they would have been trade. And they will be eligible to re- rity is a social safety net. The retirees, lulled into a false sense of security. ceive that for 2 years. the senior citizens of this country, But with the stock market doing what Then in conference, inexplicably, it should know that it is a defined benefit it has done—a reflection, by the way, was suddenly altered to qualify those that is going to be there when they of the corporate scandals that have now receiving benefits under the Pen- need it and it is not subject to the rou- come to light and therefore a lessening sion Benefit Guarantee Corporation, if lette wheel, as the Senator has sug- of the confidence of the investing pub- they are between ages 55 and 65, to re- gested, in the case that the stock mar- lic of America in those corporations—if ceive the tax credit. That little amend- ket is suddenly in a downward trend. that had not come, the governmental ment which didn’t pass the Senate is So, too, the State retirement system of decision process might have been se- going to cost over $2 billion. the State of Florida was a defined ben- duced into going for this privatized So the entitlement portion of the efit in the past, when the two of us had part of Social Security. Clearly, that is trade adjustment assistance has more the opportunity of being part of the not, in my judgment, in the best inter- than doubled, and I am constantly governing body of the board of trust- est of our senior citizens. amazed at the number of people who al- ees, and it gave confidence because That is what I wanted to share to- ways say: Wait a minute. Spending is there was a defined benefit. night. I yield the floor. going up, we should not be spending So there is an exact parallel between I suggest the absence of a quorum. here, but it is fine if we do it in entitle- what we have seen in the State of Flor- The PRESIDING OFFICER. The ments. They insist we do it in entitle- ida and what we want to talk about to- clerk will call the roll. ments. That is real money. And a lot of night, which is President Bush wanting The assistant legislative clerk pro- times entitlements are hard to roll to privatize a part of Social Security ceeded to call the roll. back. and transfer a trillion dollars out of Mr. NICKLES. Mr. President, I ask I wanted to express my displeasure the Social Security trust fund over to unanimous consent that the order for with the almost frivolous way we have private individual accounts that the in- the quorum call be rescinded. greatly expanded the Trade Adjust- dividual would then invest in the stock The PRESIDING OFFICER (Mr. NEL- ment Assistance Program and then market. That sounded like a good idea SON of Florida). Without objection, it is held trade promotion authority hos- to a lot of people when the stock mar- so ordered. tage to get this kind of expansion. ket was going up, but now that the f That being said, the good of trade stock market is going down, it is be- promotion authority and the Andean yond me that the President is still in- LEGISLATIVE ACTION Trade Preferences Act outweighed the sisting, as recently as last week, that Mr. NICKLES. Mr. President, as we negative of the expansion of the enti- he have Social Security privatized. wrap up this summer session prior to tlement. So I voted for it. I am pleased That is what I wanted to talk about the August break, I want to make a we were able to pass it. It is a very sig- tonight, and I am so delighted I came few comments. Several of my col- to the Chamber before my colleague nificant accomplishment. leagues have discussed different issues. Chairman Greenspan said we could do from Florida left so that he could en- First, let me state that I am very two things to advance the economy in gage in this colloquy and dialogue with pleased that this Congress was success- this country, one of which was to show me. I thank him for that. ful in passing trade promotion author- Mr. GRAHAM. I thank the Senator. fiscal discipline—we have not done Mr. NELSON of Florida. Madam ity and the Andean Trade Preferences that—two, he said, to expand trade. By President, I will summarize my re- Act. Both of those are vitally impor- passing trade promotion authority, we marks because Senator GRAHAM and I tant and long overdue. The Andean have made it possible for this country have pretty well covered it in the dis- Trade Preferences Act should have to regain its leadership which we had cussion we had, that one only has to been passed by the end of last year. Un- lost. We lost it during the Clinton ad- look back a couple of years. The fortunately, the majority said it had to ministration. Every previous Presi- Nasdaq has fallen by 75 percent, and be packaged with trade promotion au- dent, going all the way back to Jerry the broader S&P has dropped more thority and with trade adjustment as- Ford in 1974, had trade promotion au- than 40 percent, and given this market sistance. I have no objection to passing thority. Bill Clinton had it in his first downturn, as we say in the South, it is trade adjustment assistance; I think 2 years of office. He did not get it ex- beyond me, I am surprised that the we should. We have always done it. I tended in 1996. Bush administration is sticking by its happen to agree with it. He was running for office. It expired proposal to allow workers to divert Unfortunately, the majority—in this in 1994. He didn’t ask for an extension some of their Social Security into pri- case the Democrats—said, in addition until after his reelection in 1996. At vate accounts of the stock market in- to trade adjustment assistance, we that time he couldn’t get it through stead of there being a defined benefit want to put in new entitlements and the House. The House was controlled that would give the Social Security re- expand trade adjustment assistance by the Democrats. It was controlled by tiree the security, the knowledge, the not only for individuals who might di- the Democrats when he was in power confidence that when their retirement rectly lose their job to imports, they the first 2 years. He didn’t get it ex- years came, they knew they had a cer- also said indirectly. That is an expan- tended then, and he couldn’t get it ex- tain amount they could rely on, even sion. They also said we want to include tended later. In the Senate we had the though most retirees are going to have agricultural workers. You might have votes to extend it. He wasn’t able to to supplement that Social Security every agricultural worker in America get it. benefit, but at least they would know who says they lost a job, that it was Now this President, President Bush, that benefit was there and was not due to imports because we are in an is going to get it. I am glad. I think going to evaporate if, in fact, the So- international market and prices go that will help expand trade and again cial Security privatized account was down. Now they want Federal assist- regain our leadership role as it has invested in stocks that had suddenly ance. been, as it should be, as really the pro- taken a turn going down. Then we also made a mistake because moter, the leader, the cheerleader, That is the essence of what I wanted there was a new benefit added that frankly, for international free trade. to share. I will be speaking frequently said, in addition to trade adjustment Ronald Reagan helped expand it in the

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00036 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 1, 2002 CONGRESSIONAL RECORD — SENATE S7853 early 1980s, and that has certainly been uninsured. I am afraid that will happen handed had out to every Senator. It a benefit to our economy and the econ- if we pass the Senate bill. I am happy was handed out to a lot. It was avail- omy of the free world. to work with my colleagues on both able in the Chamber. It came from the A couple of other issues have been sides of the aisle. If you are looking at administration, from the Department brought up. I want to touch on them. what the major changes are—when I of Health and Human Services, to try I heard some of my colleagues say we was chairman of the task force—and I to get kind of an estimate on what the need to pass a Patients’ Bill of Rights, was chairman of the conference com- impact of the last Graham proposal of- and maybe there will be an attempt to mittee for over a year, which dealt fered because we are trying to figure it appoint conferees to conference on the with this issue—we had internal ap- out. Senator GRAHAM read a comment Patients’ Bill of Rights. I will probably peals in the bill we passed in the Sen- that was made. I thought it was made be a conferee. ate at one time; we had external ap- by me, but it turned out to be made by I have been involved in that issue for peals. So if somebody is denied cov- Senator GRASSLEY. He implied that it several years now. I look forward to erage, they can get an immediate re- was incorrect. I looked at that. I hap- working with our colleagues on both sponse and get it overturned if it was pen to know CHUCK GRASSLEY, and he the House and the Senate sides to pass unfairly denied by a big, bad HMO bu- would never misstate anything inten- a good Patients’ Bill of Rights pack- reaucrat. That decision can be final. tionally, and I don’t think he mis- age. But I do find it kind of curious We can make a penalty if somebody stated one word. that we passed the bill over a year ago. doesn’t abide by the external appeal. I am bothered that somebody would Let me repeat that. We passed Pa- We can make that binding, where it quote somebody in the Record—when tients’ Bill of Rights over a year ago. would be ridiculous, or expensive, for he is not here to defend himself—and The House passed it a year ago tomor- somebody not to comply with the ap- imply that he didn’t tell the truth in row, on August 2 of last year. We are peal so they can get health care when order to win the debate. That bothers just now appointing conferees. This they need it. me. I love the Senate and I hate to see was the most important item on the Some people don’t want to have that this kind of almost accusation. agenda for the Democrats who regained be the final solution. They think the Let’s look at the facts. Senator GRA- control of the Senate last summer—the real solution should be in court. Oh, HAM’s amendment was introduced yes- first major legislative item we passed. yes, they want unlimited damages, or terday. We never saw a copy of it until However the House passed it a year damages that, frankly, are so high it it was introduced. It was held over- ago. would scare a lot of employers away. I night. I think it was brought to the We could have appointed conferees a don’t want to do that—pass a bill that floor at 2, 3 o’clock in the afternoon on year ago. We are just now getting will increase the number of uninsured, Tuesday. We voted on it Wednesday around to doing that. I find that kind or the cost of health care beyond the morning. Granted, overnight, the De- of curious. I still want to pass a bill. I reach of countless businesses and indi- partment of Health and Human Serv- might be able to refresh my memory viduals across the country. ices looked at it and gave us some esti- enough to see if we can’t negotiate a I am happy to work with our col- mates. positive package. Let me restate that I leagues. I don’t know why it has taken I know in my State it would cost a don’t want to pass a package that will us a year to appoint conferees. I find it lot. The Medicaid Director, Mike greatly increase health care costs for almost ironic. I look forward to work- Fogerty, said Oklahoma would not be patients. Unfortunately, that is what ing with my friends on both sides of able to do it without cutting the pro- passed the Senate 13 months ago—a bill the aisle to do it. gram’s financing. If there is any cost, that would increase health care costs, Mr. President, next I want to touch the only way you can find the money is estimated by the CBO, by 4 or 5 per- on the issue of prescription drugs. other places in the program. cent. I think at one time they scored it Some of our colleagues who were pro- We did find some serious problems at 4.7 percent. And this is an increase posing an amendment yesterday came with the Graham amendment. It said over and above the increases already to the floor tonight and were implying we are not going to just expand Medi- coming in on health care inflation and that colleagues who opposed that pro- care, we are going to have a low-in- insurance costs, and health care insur- posal were not truthful. I was reading come benefit, and do it through Med- ance costs are exploding. the remarks and thought, wait a icaid. Medicaid happens to be, factu- The California health care plan, minute, is he talking about me? I op- ally, a Federal-State program. The CalPERS, may be one of the largest posed the proposal. And I think I was Federal Government pays a portion plans in America. I remember reading right. I remember hearing a colleague and the State pays a portion. In some the headline that their health care in- saying that you are entitled to your States it is 50/50. In some States, it is surance costs are going up 25 percent. own opinion, but you are not entitled 70/30. The Graham amendment said we Small business insurance costs are to your own facts. I use that, also. I are going to provide a brand new drug going up 15 to 20 percent. Nationally, thought, he is using that against me or benefit with very small copays from almost everybody’s is going up 12 to 14 my colleagues. the beneficiary—$2 and $5—and we are percent. This is going to add another 4, That bothers me. I would do any- going to provide this benefit for any- 5 percent on top of it. thing before I would mislead my col- body who makes less than 200 percent I don’t want to do that. I will work leagues. If I ever mislead colleagues, I of poverty. Well, State Medicaid drug energetically to see that we don’t pass will be more than happy to come and benefits for most States—31 States, a bill that would greatly increase apologize, correct the record, you name maybe 30—I counted them yesterday, health care costs. Also, I don’t want to it. I want to win badly, but I never and I think I counted 31, but it may be pass a bill that will increase the num- want to win so badly that I would dis- plus or minus. This had to be done very ber of uninsured. If I remember the tort the truth—ever. I think that was quickly. It may not be 100 percent ac- Senate bill accurately, the bill also had implied. I hope it wasn’t. If it was, I be- curate because it was done quickly. new causes of action where people lieve it is in violation of rule XIX of Every State has to provide a prescrip- could sue not only the big, bad HMO, the Senate. That should not happen. tion drug benefit for Medicaid up to 74 but employers as well. Some of us Certainly, nobody should be misled. percent of poverty. They do that on the wanted to protect employers. We know The issue at hand was on Medicaid State match. if you make them liable for health care costs. I am happy to talk about the So, again, for this drug benefit, what- costs, employers don’t have to provide facts of that. I did see a chart that was ever benefit the State has—in my them, and a lot of employers won’t pro- shown on the floor of the Senate. I saw State, you get three prescriptions per vide health care costs. The net result a chart that showed that a lot of States month and the State pays its share—in will be more people joining the ranks would pay a lot more money in Med- my case, 30 percent—and the Federal of the uninsured. icaid costs. Where did that chart come Government pays 70 percent. That is up We should do no harm. We should not from? Somebody said it is some anony- to 74 percent of poverty. The Graham pass any bill that will increase costs mous chart, and I guess it didn’t have amendment says let’s make that 120 dramatically or increase the number of any identification on it. It wasn’t percent of poverty. In other words, we

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00037 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7854 CONGRESSIONAL RECORD — SENATE August 1, 2002 greatly expanded the pool of eligible costing the States some $70 billion over noon and we were voting on it in the people because our State, right now, is the next 10 years. That is close to a morning. only 74 percent. So we greatly ex- verbatim statement. One of the things that is really wrong panded it to 120, and the State is still That was made on the basis of this is to try to legislate in a manner such liable for its share. sheet which was printed and distrib- as this. I believe in the legislative Well, that is a big new unfunded uted on the Senate floor without a process. I believe in hearings. I would mandate for which the State has to source and without anyone accepting love to have a hearing on the proposals pay. That will cost millions and mil- personal responsibility. This is what I we voted on this week. I would love to lions of dollars because there is no call Enron accounting. You only ac- have experts testify on the pluses, the limit on the number of drugs. The counted for the additional cost to the strengths, the weaknesses, the gaps, State will have to make its match, de- States without any reference to the the minuses on the various proposals. pending on what the State match is. savings the States would get as a re- We have had some good proposals. We Between 120 and 150 percent, a State sult of the Federal Government picking have had some that are not so good. I still has to pay. up substantial costs the States are cur- heard my colleague from Florida say There is an enhanced match. The rently incurring which the Congres- that CBO by e-mail said this is a net State would get S–CHIP. S–CHIP usu- sional Budget Office has stated to be wash for the States. HHS shows me ally has a reimbursement rate of 78 approximately equal to what the that some States, or these States that percent, I believe, on average. The States would have to expend in terms are listed, would have a net loss of $5 State would still have to put in 22 per- of these new obligations. No reference billion in 1 year. This is a 10-year pro- cent. So you are expanding the eligible was made—— gram. pool of people who are going to receive Mr. NICKLES. Mr. President—— Mr. GRAHAM. Will the Senator yield the benefit, and you are also expanding Mr. GRAHAM. No reference was for a question? what the State has to pay. Those are made on this chart to the fact there Mr. NICKLES. The point I am mak- facts. Those are in the Senator’s bill. were very substantial savings to the ing: It would be nice to go through the Between 150 percent and 200 percent States in addition to the costs. process, have a bipartisan markup, of poverty, the Federal Government The PRESIDING OFFICER. The Sen- have hearings, have experts, and not be would pay 100 percent. The Federal ator from Oklahoma has the floor. relying on e-mails that came from Government pays that, so I guess that Mr. NICKLES. Mr. President, I re- somebody in CBO. is not an unfunded mandate. It is just gain the floor. I looked at the chart. Incidentally, I noticed in CBO’s scor- a cost to the Federal Government. The chart does not have all States. ing of the proposal, it was scored and Below 150 percent of poverty, be- Maybe some States were not impacted was estimated to be $394 billion, but tween, frankly, 74 percent and 150 per- as much. Maybe they highlighted the there is an asterisk: Scoring done by cent of poverty, there is a big new States that have the most additional estimates, not by the language of the mandate on the Federal Government cost. bill. In other words, they did not have and on the State government. The I mentioned my State. I know my the language of the bill on which to do State would have to pay its share, and State would be out of a lot of money. the scoring. This is the most important that would cost—— We offered a drug benefit that goes up expensive expansion of an entitlement Mr. GRAHAM. Mr. President, will to 74 percent of poverty, and we are that we have dealt with in decades. It the Senator yield for a series of ques- going to put a new mandate between 74 is the most expensive important expan- tions? and 150 percent of poverty. The State sion of any entitlement, and we are (Mr. NELSON of Florida assumed the has to make that match. I know it is doing it with CBO not even having leg- Chair.) going to cost my State millions. HHS islative language to look at. Mr. NICKLES. I will be happy to said it cost $68 million. They said the I find that to be a pretty crummy yield in just a moment. That is a great cost for the first year is over $5 billion. way to legislate. I am offended by this big cost. That has to be accounted for Maybe some States are pluses, maybe process. I am offended by being a mem- somehow. Someone might say: There some are winners. Maybe they did not ber of the Finance Committee and not might be savings because we have cata- include all this. even being able to offer an amendment strophic on the other end. Right now, I will say a couple words about the in the markup of the bill. I am offended maybe the State is paying that—that legislative process. I happen to be a be- by the fact—I looked at the history of may be—but that may not get there. liever in the legislative process, and I the Finance Committee, which is one Mr. President, 80-some percent of the think my colleague from Florida of the great committees of the Senate. people do not have drug costs that ex- knows that. We did not abide by the I waited 16 years to get on that com- ceed $2,000. Catastrophic did not kick legislative process. mittee. It took a long time. It is a in until $3,300. No doubt some people We did find his amendment greatly great committee. I thought it would be would benefit, but maybe the majority increases Medicaid costs for a lot of worth the wait because we would be of the people would not. It looked to States. Yes, we exposed that. That hap- marking up very substantive legisla- me as though it was a real loser for the pens to be factual. This was not just a tion, such as Social Security, Medi- States. I think OMB happens to agree. Medicare expansion. It was a Medicaid care, Medicaid, welfare reform, and They estimate it would cost my State expansion, and the States have to taxes. Yet the committee is bypassed, something like $62 million. I would not match Medicaid. so we have 20 members of the com- be a bit surprised if it cost more than Did we find it? Yes. Did we find in mittee who did not get a chance to that. Our State cannot afford that. We the original Graham proposal that the offer an amendment. have a Medicaid Program that is al- proposal limited the prescription drugs We have an amendment that was cre- ready going bankrupt. to one, up to two, drugs for therapeutic ated somewhere and scored overnight My point being—and I mention this class? We did. I think it probably is one not by legislative language. No one with my friend from Florida here. I of the reasons that proposal did not gave us a chart and said here is the im- have respect for my colleagues, but al- pass—because it is such a limitation. pact of your State. I would love to see ways I think it is important we not im- Did we find it? Yes, it was in the lan- the impact to my State. My State Med- pugn the integrity of Senators. guage. Did we have a whole lot of time? icaid director says this is going to be a Mr. GRAHAM. Mr. President, I ask No, we told people about it. I do not real problem; we cannot do it. the Senator to yield. back off that a bit. I think we have a We exposed that a lot of States would Mr. NICKLES. I will be happy to right to point out the weaknesses of ar- have a problem doing that. There is no yield for a question. guments. As always, my colleague can reason to apologize for doing that. I Mr. GRAHAM. I think my integrity point out this was not a complete just want to make sure that Senate de- was impugned when it was suggested chart. We did not have time to get a bate never improperly impugns the in- yesterday that we had slipped into this complete chart. I did not. Maybe there tegrity—I believe my colleague who amendment, hoping it would go undis- is a complete chart around, but the was quoted was Senator GRASSLEY—I covered, a provision that would end up amendment was offered in the after- do not ever want anybody’s integrity

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00038 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 1, 2002 CONGRESSIONAL RECORD — SENATE S7855 to be impugned on either side of the Unfortunately, CBO did not do that. licans were in control of the Senate, aisle. That is below the Senate, and Fortunately, the Department of HHS and it was a $300 billion total Medicare there happen to be Senate rules against did. The States that are included on change. It could be prescription drugs it. I wanted to make that point. this list are the States that get hit the or it could be for something else. I will just assume and take for grant- hardest, and we expose that. That is what we are relying on in the ed no one meant to do that. But we Now, there may be some offsets, but Senate today. Why? That is a year old. have to be very careful not to do that. I tell my colleague from Florida, I can Because the Senate Democrats, or the We have to be careful that we are fac- almost assure him, since 80 percent of leadership of the Senate, did not pull tual. Sometimes maybe in the heat of seniors have prescription drug costs up a budget. We do not have a budget. the debate things get going. that are $2,000 or less, that cata- We did not pass a budget, first time I want to move on to one other sub- strophic program savings would not since 1974, and because we did not, a ject. come near to offset the increased costs budget point of order lay against any- Mr. GRAHAM. Mr. President, before of utilization. And the fact that they thing that was over $300 billion. the Senator does that, will he yield have to make matches up to 50 percent, If we had passed a budget, gone to since we are on this subject? almost to 100 percent, for the program, conference with the House and resolved Mr. NICKLES. I yield just for a ques- minus a small deductible for people whatever amount that would be—and tion. under 200 percent of poverty, it would let’s presume the House would pre- Mr. GRAHAM. Does this chart in any not come too close to make it. It would vail—then the committees would have of the columns contain the offset sav- not come close in the State of Ne- been instructed to pass a bill, if the ings which the States would have se- braska or the State of Oklahoma. I House prevailed, up to $350 billion. It cured as a result of the passage of the know that. There are not near that could be passed if it went through the underlying Graham-Smith amend- many people who would have the sav- Finance Committee. Any bill could be ment? ings through the State. reported out that would be up to $350 Mr. NICKLES. The chart does not In our State program, the individual billion, and it could pass with a major- show any offsetting. It shows a total who gets three prescriptions per month ity vote. No budget point of order cost increase of the new Medicaid man- is not going to come close to $3,000. would lay against it. We could have date. I think the Senator is trying to That program is not that generous in passed a prescription drug benefit this imply there may be some savings for my State so the savings on the cata- week. Unfortunately, that did not hap- some areas if a State had a lot of catastrophic side would not come close to pen. strophic and the Federal Government making the savings or the increased So the committee did not mark up were going to pick up 100 percent of costs that is on the low-income side. any proposal that came out that was that cost, I guess. That may be correct, Mr. GRAHAM. Could I ask the Sen- over $300 billion. Last year’s level had but it does not have a column that ator another question? a budget point of order, had to have 60 shows that. Maybe if we would have Mr. NICKLES. Yes. votes, had to have a supermajority. had a little more time—the answer is Mr. GRAHAM. What leads the Sen- The real fault of that came because we no. ator to believe that the only way in did not pass a budget earlier. I ask my colleague, though, since which the States would secure savings Again, I love the Finance Committee CBO did some work for the Senator, did under the Graham-Smith amendment but I hate the way the Finance Com- they do a State-by-State analysis on would have been through the cata- mittee has been trampled on. I hate the what the impact of the State of Okla- strophic savings? fact that the Finance Committee is homa would be? Mr. NICKLES. Well, I will tell my being ignored, the fact they did not Mr. GRAHAM. They did not do a colleague, all we had from CBO on the mark up the bill, the fact I did not State-by-State analysis. I do not know Senator’s amendment was one page have a chance to offer one amendment, who did the analysis of the State-by- that said, one, it never went State by the fact I did not get to have the State costs presented by my Repub- State and, two, it said $394 billion and chance to ask the Medicaid director: lican colleagues so I cannot have any it said it was not based on legislative How does this impact you? Is this a means of even determining who to go language. We had nothing to score off good proposal? Do you mind if we put to talk to about where these numbers of from what was provided for by CBO on this new requirement, oh, yes, below came from. But the answer to the ques- or by the Senator, except for the Sen- 150 percent of poverty? Here is this tion, which is relevant, is there are ator’s word that he had an e-mail that brand new benefit. It is going to cost very substantial savings to the States. said the States net out about even. you a ton of money. How much does it In fact, according to the Congressional I did have work that was done by cost? Can you afford it? Could you pay Budget Office, the savings to the HHS, and it may not have included for it? I am afraid the answer would be, States as a result of the passage of this every extrapolation, but they did com- no, no, no, no. prescription drug amendment would be pute the cost of the low-income benefit We did not have a chance. Instead, we equal to—— and how much that would cost the had to try to write the bill on the floor, Mr. NICKLES. I have the floor. States to make the match, and it is in and in this case we had to take up this Mr. GRAHAM. These additional the billions of dollars, to the tune of $5 amendment and we had less than 24 costs. billion for some States. Maybe some hours to deal with it. Mr. NICKLES. The Senator can an- States would come out better. I am not Again, my purpose in expanding this swer the question. I have the floor and sure. But that is my point. This is not is not to redebate the amendment. My I will state again, some States lose the way to legislate. purpose is to defend my colleague, Sen- under the Senator’s proposal big time. This is legislating as if we are going ator GRASSLEY, whose integrity I value I am not sure all States do; some to legislate on the back of an envelope. more than anything. I would not—and I States lose big time. It is almost as if Senator DASCHLE said, know he would not—misstate a fact to The Senator stated that he did not do not go to committee, do not have a win a debate for anything. have a State-by-State analysis, so markup, here is $400 billion, $500 bil- I came to the Senate with Senator every fact that is on this chart may lion, $600 billion, or $800 billion and can GRASSLEY in 1980. That was 22 years well be accurate. The Senator also we not cobble together 60 votes? ago. We have cast thousands of votes stated that CBO did not do a State-by- That is a crummy way to legislate. together. I know him very well. I agree State analysis, and I will say if we are We could have passed a prescription with him most of the time—not all the going to be changing Medicaid for- drug bill if we had done two things. If time—but I would defend his integrity mulas, or if we are going to be chang- we would have passed a budget, this every day of the year. ing Medicaid programs and States have Senate—the House passed a budget. In- I am going to start making points of to make a certain percentage match, it cidentally, the House passed a budget order, rule XIX, if people imply or im- is only prudent that we would do an with a prescription drug amount of $350 pugn the integrity of another Member. analysis of what the impact would be billion. The Senate passed a budget a I am going to do it, and those words on a State-by-State basis. year ago, I might mention when Repub- will be stricken from the RECORD and

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00039 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7856 CONGRESSIONAL RECORD — SENATE August 1, 2002 the Senator will not be allowed to get U.S. Supreme Court. Is this individual preme Court; and prior State Solicitor access to the floor for the rest of the qualified? He was nominated a year ago of the State of Ohio. He has yet to have day; and maybe other penalties. We in May, and he has yet to have a hear- a hearing in the Judiciary Committee. have not done that, but maybe we need ing. He has argued 37 cases before the Dennis Shedd, nominated to the to do it. So that is my purpose for com- Supreme Court. How do you get more Fourth Circuit; a judge in the U.S. Dis- ing to the floor. qualified? Miguel Estrada argued 15 trict Court of South Carolina since I want to make a couple of other cases before the Supreme Court and 1991; rated well qualified by ABA; 20 comments. was unanimously rated well qualified years of private practice and public Mr. GRAHAM. Will the Senator yield by the ABA. He emigrated to the service prior to becoming a district for another question? United States as a teenager from Hon- judge; law degree from the University Mr. NICKLES. I am not going to duras and spoke virtually no English. of South Carolina; master of law degree yield. I am going to make one other He graduated magna cum laude from from Georgetown. He received a hear- comment on a different subject. Harvard Law School, editor of the Har- ing on June 27—still not reported out f vard Law Review, law clerk to Justice of committee. I thank my colleagues for the fact we JUDICIAL NOMINATIONS Kennedy, a former assistant solicitor general and assistant U.S. attorney. He have confirmed 72 judges, but I men- Mr. NICKELS. Mr. President, earlier has not received a hearing. tioned 8 nominees who were nominated today we confirmed a total of eight I guess you can say, we have con- in May of last year; a couple have had judges. A lot of people said, boy, didn’t firmed 72 this year, how is it fair to a hearing, and the rest have not had we do great? We have done more in the have 2 individuals such as John Rob- hearings and have not been voted on in last 12 months than anybody has done erts and Miguel Estrada not even have committee, and we have not had a in the last 12 months. a hearing, having been nominated over chance to have a vote on the floor. A I thank Senator DASCHLE, Senator a year ago? Senator LEAHY made a year and a half, how much is enough? LEAHY, and others because we did con- commitment we would do Miguel This is an outrage. I don’t think this firm a few more circuit court judges, Estrada. I am waiting. should be done, Democrat or Repub- but let me state my disappointment in Priscilla Owen: We had a hearing in lican. the fact that we have not done near July of this year but no vote. The Re- I plan on being back in the majority, enough. I want to put out facts. We publicans asked that be postponed be- and I tell my friends and colleagues on have now confirmed 13 circuit court cause we are not sure where the votes the other side of the aisle, I plan on judges. President Bush submitted 32. are. Texas Supreme Court justice since treating judicial nominees fairly. Re- We are in the second year of his Presi- 1994; unanimously rated well qualified gardless of who is in the White House, dency. We are not quite finished, but by ABA; Baylor Law School graduate; we should treat them fairly. If there is we have confirmed 40 percent of his cir- member, Baylor law review; highest a judge really out of the mainstream, cuit court nominees. I looked at the scorer on the Texas bar exam; emi- let’s debate it. But to hold up these in- first 2 years of the Clinton administra- nently qualified. dividuals who have argued 30, and 15, tion, and this Senate confirmed 19 of Maybe some people are now putting a and 9, and 10 cases before the Supreme 22. That is 86 percent. I looked at the litmus test in the committee. We did Court and we do not even give them a first 2 years of the first President not used to do that. People used to rail hearing in committee, that is not fair. Bush, the 101st Congress, and we con- against having a litmus test, and now That is an injustice. That is an abuse firmed 22 of 23 circuit court judges. people are trying to come up with a lit- of power. That is 95 percent. mus test. If she is not confirmed, that Maybe we are confirming district I looked at the first 2 years of Presi- is a travesty. judges, and that is great, and district dent Reagan, 97th Congress, we con- Terrence Boyle was nominated in judges have sponsors of Senators. firmed 19 of 20 of his circuit court May, a year ago chief judge of the U.S. These are appellate court judges, cir- nominees. That is 95 percent. District Court, District of North Caro- cuit court judges, next to the highest So for the three previous Presidents lina, since 1997; unanimously rated well court in the land, next to the Supreme we confirmed over 90 percent of their qualified. He worked as counsel in the Court, and they cannot get a hearing. I circuit court nominees in their first 2 House Subcommittee on Housing; was don’t think that is right. I don’t think years. a legislative assistant in the Senate; it is fair. I am not saying there have This Congress—and granted, the first prior district judge, 1984 to 1987; very not been injustices before by Repub- several months, the first 6 or 7 months well qualified and still no hearing and licans. Enough of this nonsense: You of this Congress was controlled by Re- certainly has not had a vote. did not treat us right, we are not going publicans and we did not confirm any Michael McConnell, nominated to the to treat you right. judges because the President was just Tenth Circuit; presidential professor of Again, the tradition of the Senate: sending his nominees through and they law, University of Utah; unanimously We do not usually confirm a lot of did not have time, and that is not un- rated well qualified by ABA; one of the nominees in a President’s last year or usual. We usually do not confirm very country’s leading constitutional law so. We certainly do his first year or so, many in the first 6 months of any ad- experts; argued 11 cases before the U.S. as evidenced by the fact—and I will put ministration. Supreme Court; prior assistant solic- this in the Record—that 95 and 96 per- So far this year, we have done 13 out itor general; law clerk for Justice cent of the three previous Presidents’ of 32; that is 40 percent. That is less Brennan and cannot even get a hear- circuit court nominees were confirmed than half the percentage of what we did ing. in the first 2 years—almost all of in three previous Presidencies. Those Deborah Cook, nominated to the them—and this year we are at 40 per- are just facts. I heard someone said we Sixth District; justice to the Supreme cent on circuit court nominees. confirmed 72 judges. Great, 72 is a lot Court of Ohio since 1994; unanimously That is totally unsatisfactory. That more than we confirmed in the last 2 rated well qualified by ABA. The Sixth is not fair to those individuals. It is years of the Clinton administration. Circuit is almost half vacant, with 7 not fair to the judicial system. It is Granted, we usually don’t confirm very out of 16 seats empty in the Sixth Cir- certainly not fair to the Sixth Circuit many in the last year of a President’s cuit; exceptionally well qualified and Court, which is almost half vacant. terms, but in the first 2 years we usu- no hearing. I tell my colleagues, we have made ally do, and we are way behind. Jeffrey Sutton, nominated to the some progress, and my compliments. Some of the individuals were nomi- Sixth Circuit as well; rated well quali- But we have a lot more to do, espe- nated 449 days ago—over a year ago. fied by ABA and qualified by ABA; cially on circuit court nominees and on They were nominated last May—a year graduated first in his class, Ohio Uni- individuals such as John Roberts and ago May. Some of these are the most versity College of Law; law clerk to Su- Miguel Estrada. Let’s lower the rhet- outstanding nominees I have ever seen. preme Court Justices Powell and oric and get some people confirmed. John Roberts, nominated for the DC Scalia, and argued 9 cases and over 50 Let’s treat them like individuals, with Circuit, has argued 37 cases before the merits and amicus briefs before the Su- dignity. They have been nominated to

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00040 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 1, 2002 CONGRESSIONAL RECORD — SENATE S7857 the highest courts in the land. They ‘‘something’’ was not a small amount, Therefore, presenting the impression have been nominated for lifetime ap- but a very substantial, maybe as much that the passage of this amendment pointments. Let’s do our work. The as a $70 billion additional cost on the would result in substantial additional Senate traditionally, over the years, States according to my Republican col- cost to the States—touted to be $70 bil- would move judicial nominees expedi- leagues. lion—is a patently untrue statement. tiously. And they are getting more dif- I knew that was not accurate because I wanted to set the record straight ficult. I had received from the Congressional before we went home so none of our Now people are saying: We want to Budget Office, which had scored our colleagues spend August worrying that review every case that the judge has legislation, the fact that they had de- they might have been deceived into be- ever written; we want to review every termined that, in fact, there was no ad- lieving there was going to be a very case on which he made a recommenda- ditional cost to the States and I had major additional cost to the States and tion. That is ridiculous. It is an excuse made that representation to my col- that might have influenced their vote for delay. That is not right. It is not leagues. I felt my personal credibility on this matter. for the majority or the minority. I urge was at stake. So I went back to the So my only purpose was to make my colleagues to be fair to the nomi- Congressional Budget Office today to those corrective comments and express nees and get as many confirmed and recheck what they had said and they my hope that in the future we would move the Senate along as we should reaffirmed the statement that there follow the spirit and custom of the and restore the Senate through the was no additional cost to the States. Senate, which is when you distribute a great traditions that the Senate has I showed them this— document such as this, you put your long held so we can be worthy of the Mr. NICKLES. Will the Senator name on it so someone is held account- title of Senator, and not have a reputa- yield? able. And I suggest it would also be tion of: I am sorry, judge, we are sorry Mr. GRAHAM. Let me just finish, get helpful if we adopted the custom that about your political career or, Mr. At- the facts out, and then we will talk there be some source given for docu- torney, you were nominated by the about the policy. ments such as this, so those who are in- President of the United States, but we So I showed them this chart. They terested in pursuing the basis upon are sorry you have waited a year and a pointed out what was obvious which which the calculation was made would half and you cannot get a hearing be- was that this chart only shows half, in at least know whose telephone number fore the Senate; they are too busy. fact less than half of the equation. It to call. That embarrasses me. shows the additional costs to the Mr. NICKLES. Will the Senator I yield the floor and suggest the ab- States that will come incident to their yield? sence of a quorum. picking up some of the prescription Mr. GRAHAM. I would be pleased to The PRESIDING OFFICER. The drug costs. What it does not show is yield. clerk will call the roll. that the States are going to be relieved Mr. NICKLES. I am wondering about The legislative clerk proceeded to of a substantial amount of their cur- all these savings. I am looking at my call the roll. rent costs. State. You said if the State had a pre- Mr. GRAHAM. I ask unanimous con- The Senator from Oklahoma men- scription drug program, the Federal sent the order for the quorum call be tioned one of these costs. But, in addi- Government might be picking up a lot rescinded. tion to that, there are other costs from of that State program so therefore it is The PRESIDING OFFICER. Without which the States will receive relief. saving. My State doesn’t have that, objection, it is so ordered. For example, there are 31 States that other than the fact we provide Med- f provide State pharmacy assistance for icaid prescription drugs up to 74 per- low-income senior citizens, the States cent, and that is limited to three pre- HEALTH CARE which have received Medicaid waivers scriptions per month. Mr. GRAHAM. Mr. President, this is in order to allow them to cover addi- So where is the savings for my State? the last day of a long legislative sea- tional groups of seniors. As the Federal HHS said this is going to cost my State son. We are about to take the month of Government has dawdled on the sub- something like $62 million. My director August to go back to our home States, ject of providing prescription drugs for of Medicaid said it is going to cost our be with our constituents, and maybe senior Americans, many States have State, and we can’t afford it. have a little opportunity to get some stepped forward and have done so. There, obviously, under your pro- personal relaxation and rejuvenation, So within the Medicaid Program as posal are some States, maybe a lot of and come back after Labor Day and well as in areas where the States have States, that would be losers; isn’t that complete this 107th session of Congress. tried to fill the void that the Federal correct? It would increase their Med- It is exactly this time in the legisla- Government has left behind, there are icaid costs dramatically? tive calendar where maybe tempers and substantial savings to the States—thus Mr. GRAHAM. What CBO has said is tolerance are beginning to wear thin the report of the Congressional Budget that for the States as a collective, that and short. Office that there is no increased cost to there would be no additional cost as a I share with my friend from Okla- the States. But there is no column or result of this. I have asked CBO to pre- homa high feelings for the persons who figures on this chart which reflect the pare a State-by-State analysis of what debated vigorously over the last 2 fact that there are these offsetting sav- those offsetting savings would be. I do weeks on an issue whose importance we ings to the States. not have those numbers today. all understand and feel deeply about, Mr. NICKLES. Will the Senator Mr. NICKLES. Isn’t it likely that which is the issue of providing a health yield? some States would be losers? care program to 40 million senior Mr. GRAHAM. What got Enron in Mr. GRAHAM. But I think it is a Americans by adding to that 37-year- trouble was it set up a whole constella- given that no State is going to have old program, at long last, a prescription of off-budget partnerships in order zero savings. So that every one of these tion drug benefit. I think the goal is to hide their expenses. State-by-State numbers is overstated. one we all share. We have somewhat Mr. NICKLES. Will the Senator yield Mr. NICKLES. I don’t know. I will different ideas as to how to get to that for a question? just state to my friend that these are goal. Mr. GRAHAM. And therefore it over- additional new costs. There may be The reason I came to the floor earlier stated their profitability. some offsets. I mentioned one possi- today was out of, yes, a sense of per- We have a chart here which does the bility. You mentioned: Well, if they sonal attack but also a sense of the opposite. We have a chart here which have the State drug program, that need to set a very obvious erroneous hides the benefits the States are going might be a savings. I didn’t have that record somewhat straighter. My con- to get and only highlights those addi- program. cern was piqued by a statement that tional costs. The only offsets I could see is if the was made which implied that I, Sen- Mr. NICKLES. Will the Senator yield Federal Government is taking over ator SMITH, and others, tried to slip for a question? some of the catastrophic, and I don’t something by the Senate. And that Mr. GRAHAM. I am almost there. see that hardly ever happening. So I

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00041 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7858 CONGRESSIONAL RECORD — SENATE August 1, 2002 think these are pretty accurate costs. I tract Arbitration Fairness Act. The Ju- TRIBUTE TO CHARLES KOTHE will be very interested maybe CBO will diciary Committee approved this bill Mr. NICKLES. Mr. President, on have a chance to do it. Maybe if we back in October 2001. It enjoys 64 bipar- June 19, the people of Oklahoma, and would legislate correctly and not just tisan cosponsors and both the majority many others around the world lost a have a new proposal on the floor, we and minority leader have indicated great servant and friend with the pass- would have a chance for CBO to score their desire to consider this legislation. ing of Charles Kothe. He was 89. it, not through e-mails saying that we I am hopeful that any concerns over its Charles Kothe, a long time Tulsa resi- think it is no new net cost but have merits can be resolved over the August dent and nationally recognized attor- them give a State-by-State. Then we recess so that we can move it expedi- ney who specialized in labor law, was could be more thorough in our analysis tiously upon our return. born October 12, 1912. Kothe received and in our description. And if someone f his B.A. degree from the University of highlights a couple of columns and CONSTITUTIONAL AMENDMENT TO Tulsa in 1934 and his J.D. degree, with leaves out a couple of columns, that PROTECT THE PLEDGE OF ALLE- honors, from the University of Okla- can be brought out in the debate. GIANCE AND THE NATIONAL homa in 1938. In his Tulsa based law Unfortunately, we did not have that MOTTO practice he served as labor relations time afforded to us the way this bill counsel to companies in various indus- Mr. LOTT. Mr. President, on June 27, was brought to the floor and the way tries throughout the country. we were considering serious alter- the Senate voted 99 to 0 to pass S. 2690 During his six year tenure as Vice to reaffirm the reference to ‘‘One Na- natives. President of Industrial Relations at the tion under God’’ in the Pledge of Alle- I appreciate my colleague saying, National Manufacturers Association he giance and the National Motto ‘‘In God wait a minute, maybe this is not com- authored two books on labor relations We Trust.’’ Today, to be absolutely plete. There should have been a column and conducted seminars on Title VII of sure that the Nation’s courts abide by that shows some offsets. But I am abso- the Civil Rights Act. He was personally the original intent of our Founding Fa- lutely certain that some States would commended for this activity by Presi- thers, I am proposing an amendment to lose millions upon millions of dollars, dent Lyndon Johnson, and later served the Constitution of the Untied States maybe in the hundreds of millions of as an advisor to Secretaries of Labor that would make it clear that the es- dollars. And some States would be real Mitchell, Goldberg, and Wirtz. In 1990, tablishment clause in the first amend- net losers. he was appointed by the White House ment was never meant to be construed There might be some that have some to serve as a member of the Federal in a manner that would prevent schools better reimbursement from the Federal Service Impasses Panel. from leading our children in reciting Government. In fact, it may be for In business, he was an Officer and Di- the Pledge of Allegiance simply be- some of the States that are wealthier, rector of several corporations, includ- cause it contains the words ‘‘under that have more generous programs, we ing T.D. Williamson, Inc.; Coburn Opti- God.’’ cal Co.; and Macnick. Known as a com- are going to pick up the cost of their The Senate and the House of Rep- pelling speaker, he appeared as the doing the program which was a pre- resentatives—and the vast majority of keynote speaker at conventions and vious State program. Maybe that is an the American people—have all ex- conferences across the Nation. He was offset. pressed their outrage at the decision by named Tulsa Citizen of the Year in But I hope, and I think my colleague the Ninth Circuit Court of Appeals on 1946, was named as a Distinguished would agree—or wouldn’t you agree— June 26 that reciting the Pledge of Al- Alumnus of the University of Tulsa, that we should have a more thorough legiance in school is unconstitutional and is listed in the United States Jun- cost analysis by the relevant agencies, because it includes the phrase ‘‘under ior Chamber of Commerce Hall of whether it is OMB, Labor-HHS, or CBO, God.’’ People are still understandably when we discuss programs of this sig- stunned and find it not only unbeliev- Fame. He taught labor law at the University nificance and the significant impact it able, but indefensible. would have on our States? The fact that two Federal circuit of Tulsa and was Dean of the Oklahoma Mr. GRAHAM. I completely agree. I judges were capable of making such an School of Business Accountancy and think we should have an analysis that absurd decision points up, once again, Law. He also served as Director of Civil includes both the debit and the credit how vitally important these Federal Rights and Human Resources in the side of the accounting ledger so we will judicial appointments are in guiding Graduate School of Business at Oral be able to make an informed judgment not only the Nation’s present, but its Roberts University and was the found- as to what the real economic con- future as well. Judges are important at ing Dean of the O.W. Coburn School of sequences of our decisions will be. every level, but particularly at the ap- Law. For more than 25 years, he taught Mr. NICKLES. I thank my colleague. pellate court—the circuit court—level. the Christian Fellowship Class at First Mr. GRAHAM. I think on that note of And this may not be the end of such Presbyterian Church and later actively common agreement I wish to thank my shocking decisions. There have been reserved at Boston Avenue Methodist friend from Oklahoma for having al- ports that similar court challenges will Church. He was very involved with the lowed me to ask him a few questions be made to the use of the National National Prayer Breakfast here in earlier. I hope he has a very good Au- Motto ‘‘In God We Trust’’ on our cur- Washington. gust recess, and I look forward to see- rency and to references to God in our Beyond his credentials and recogni- ing him back here on the day after official oaths of office. It is simply in- tions, Charles Kothe displayed a pro- Labor Day, refreshed and ready to com- comprehensible that so many Federal found commitment to a cause much plete this session of the Congress. judges are so quick to find that the greater than himself. This commit- Mr. NICKLES. I thank my colleague. Constitution protects the right of child ment is evident in the life of Janet, his f pornographers to debase society while wife of 65 years and in their 4 children at the same time requiring the removal and 7 grandchildren. It is evident in the MOTOR VEHICLE FRANCHISE CON- of every last vestige of God from the lives of the students that he trained in TRACT ARBITRATION FAIRNESS public forum. the rigors of law, many of whom would ACT It is easy for us all to say the Pledge have not had the opportunity to study Mr. REID. Mr. President, we leave for of Allegiance with gusto and mean it, but for his encouragement and support. the August recess having accomplished but we need to look behind this latest It is evident in his numerous efforts to a lot. When we return in September decision—and examine how and why it use the law as a tool for healing in the however, we really have our work cut came about. And America’s voters need midst of conflict rather than solely as out for us. It is not simply the annual to understand that these Federal a means for retribution. You see, appropriations bills and completed con- judgeships, and who fills them, do Charles Kothe believed that his pur- ference reports we must take up and make a difference in the kind of soci- pose was rooted in the greatest com- pass. One measure of particular inter- ety that not only will we live in, but mitment of Jesus: to love God with all est to the Senator from Nevada is S. our children’s children will live in as his heart and soul, mind, and strength, 1140, the Motor Vehicle Franchise Con- well. and to love his neighbor as himself.

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00042 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 1, 2002 CONGRESSIONAL RECORD — SENATE S7859 This ability to love and share God’s the Dodd-Warner amendment only standard with respect to non-Ameri- love with others was his greatest gift, when the Senate agreed to drop its pro- cans. Congress wanted to be clear that his greatest accomplishment, and his vision related to the United Nations the U.S. can cooperate with inter- greatest legacy. Population Fund (UNFPA), which national efforts, including those by the Many of his former students have House supporters of ASPA strongly op- ICC, to bring foreign nationals to jus- spoken of his encouraging example, posed. tice for genocide, war crimes, and quick wit, unmatched humor, and how Mr. HYDE also asserts that section crimes against humanity, as Senator his influence is still felt in their lives 2015 ‘‘simply reiterates that this legis- DODD pointed out during the Senate de- today. Countless individuals were lation does not apply to international bate: transformed by their relationship with efforts besides the International Crimi- My amendment merely says that despite Charles Kothe. Through these lives and nal Court to bring to justice foreign whatever else we have said, when it comes to because of Charles Kothe’s influence on national accused of genocide, war prosecuting these people, we would partici- these lives, God will effect positive crimes, or crimes against humanity.’’ pate and help, even though we are not a sig- change in our world for generations to As a former prosecutor and Chairman natory or participant in the International come. He will be greatly missed. of the Senate Judiciary Committee, I Criminal Court. Let me conclude by stating that appreciate the creativity of Mr. HYDE’S This is precisely why the Senate Charles Kothe’s tenacious energy, tre- argument. But he is trying to put a unanimously accepted the Dodd mendous intellect, and inspiring enthu- square peg into a round hole, and one amendment and why the lead sponsor siasm has undoubtedly influenced would have to rewrite the provision to of ASPA, Senator WARNER, joined as countless numbers across our great support his interpretation. The flaws in co-sponsor of the amendment. land. This scholar, this patriot, this this interpretation are self-evident, if I see that Chairman BYRD is here on man of God, this friend committed one simply reads the text of section the floor and I would ask if he agrees himself to our Republic as a prudent, 2015: with my recollection of events that optimistic, and faithful son. May his Nothing in this title shall prohibit the transpired during the conference nego- spirit live on. United States from rendering assistance to tiations on the Supplemental and my f international efforts to bring to justice Sad- interpretation of the Dodd-Warner dam Hussein, Slobodan Milosovic, Osama bin amendment. AMERICAN SERVICEMEMBERS’ Laden, other members of Al Qaeda, leaders of Mr. BYRD. I agree with what Senator PROTECTION ACT Islamic Jihad, and other foreign nationals LEAHY has said about section 2015 of Mr. LEAHY. Mr. President, I read accused of genocide, war crimes or crimes the Supplemental Appropriations bill. against humanity. with interest the statement that Rep- The House strongly resisted efforts to The language of this section is clear, resentative HYDE made on July 23, 2002 incorporate the Dodd-Warner amend- about the American Servicemembers’ and it is noteworthy that any iteration ment in the bill, and receded only in Protection Act (ASPA) during House of the phrase ‘‘besides the Inter- exchange for the Senate agreeing to consideration of the conference report national Criminal Court’’ does not ap- drop a provision on UNFPA. on H.R. 4775, the fiscal year 2002 Sup- pear anywhere in the text. Mr. LEAHY. I thank the Chairman. I In fact, when Senator Dodd and I plemental Appropriations bill for Fur- want to take this opportunity to say a were drafting this amendment, I spe- ther Recovery From and Response to few words about the importance of sec- cifically added the phrase ‘‘and other Terrorist Attacks on the United tion 2015. A primary reason for the cre- foreign nationals accused of genocide, States. ation of the ICC is to remove the un- war crimes or crimes against human- Although neither Mr. HYDE nor his certainty and protracted negotiations ity’’ to ensure that this section would staff were present during the negotia- surrounding the establishment of ad apply to the International Criminal tions on ASPA, he suggests that the hoc tribunals to try those accused of Court (ICC). The ICC currently has ju- House readily accepted section 2015, genocide, war crimes, and crimes risdiction over these three crimes. also known as the ‘‘Dodd-Warner As I mentioned earlier, the impor- against humanity. In the future, the amendment’’, which was unanimously tance of this phrase was not lost on the ICC may be the only venue for bringing included in the Senate-passed version House, and opponents of the Dodd-War- to justice those accused of these hei- of ASPA. I do not think it is necessary ner amendment tried repeatedly to nul- nous crimes. The Dodd-Warner amendment simply to engage in an exhaustive discussion lify or remove it. It was even reported ensures that the United States can as- of the legislative history of the Dodd- to me that, at the eleventh hour, House sist the ICC, or other international ef- Warner amendment because it is clear staff members sought, unsuccessfully, forts, to try foreign nationals accused on its face. And, the first rule of legis- to insert the word ‘‘other’’ before the of war crimes, genocide, and crimes lative interpretation is that one looks phrase ‘‘international efforts to bring against humanity. It is not difficult to to the history only if a provision is am- to justice . . .’’, in an attempt to pre- think of a number of instances when it biguous. vent the Dodd-Warner amendment To the extent that the legislative would be in the interest of the United from applying to the ICC and heavily history is relevant, I believe that I can States to support such efforts. For ex- qualifying portions of ASPA. comment on this issue, as I was in- Another important phrase in section ample: volved with the drafting of the amend- 2015 is: ‘‘Nothing in this title shall pro- What if 50 Americans, traveling over- ment and was an original co-sponsor. hibit . . .’’, which makes unequivocally seas, are brutally killed by a suicide Moreover, I was involved in negotia- clear that no provision in ASPA pre- bomber and the ICC attempts to bring tions over section 2015 during the con- vents the U.S. from cooperating with to justice the perpetrators of this hor- ference on the Supplemental, and my the ICC in cases involving foreign na- rendous act? staff was actively engaged in discus- tions. What if a group of terrorists commits sion on this issue throughout. No one disputes the fact that Con- war crimes against U.S. military per- Contrary to Mr. HYDE’s suggestion gress has serious concerns about Amer- sonnel who are posted abroad and the that the House receded on section 2015 icans coming before the ICC, which is ICC is involved with efforts to bring because it is ineffectual, the House un- the reason that ASPA was passed. Dur- them to justice? derstood that the effect of the Dodd- ing consideration of ASPA, Senator What if the ICC prosecutes some fu- Warner amendment is to qualify provi- WARNER made that point clear: ture Saddam Hussein, Slobodan sions of ASPA, including sections 2004, This amendment would protect U.S. mili- Milosovic, or Osama bin Laden who is 2006, and 2011, in cases involving for- tary personnel and other elected and ap- responsible for the deaths of thousands eign nationals. It was for that reason pointed officials of the U.S. government of people? that the House conferees repeatedly against potential criminal prosecution by an Would we want the President of the and vigorously sought to remove all or international tribunal court to which the United States to be hamstrung by part of it from the conference report. United States is not a party. ASPA in these, or a number of other Those present at the negotiations However, through the Dodd-Warner cases, and prevented from actively sup- know that the House agreed to accept amendment, Congress sets a different porting efforts by the ICC to bring

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00043 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7860 CONGRESSIONAL RECORD — SENATE August 1, 2002 these types of notorious criminals to Congress decided that it did not want Rescue efforts posed a couple of big chal- justice? Of course not. to tie the President’s hands if he deter- lenges. First, getting to the birds was prob- Finally, I want to point out that Mr. mined that it makes sense for the lematic and risky. Second, the five-foot-tall birds with long and very strong beaks can be HYDE also goes to great lengths to pro- United States to cooperate with any vide an interpretation of sections 2004, dangerous, according to biologist William international body, including the ICC, DeRagon. ‘‘The beaks of sand hill cranes 2006, and 2011. Although I was not in- in prosecuting foreign nationals ac- have been known to crack the skull of a volved with the negotiations on ASPA cused of genocide, war crimes, and cow,’’ he said. with the Administration, I must say crimes against humanity. District personnel located a hovercraft op- that the State Department’s efforts I want to thank Senators DODD and erator, but the craft could not operate on the with the House on this issue were mis- WARNER for their efforts to ensure that reservoir because of the pudding-like con- erable, and I know this is not typical of ASPA does not include overly-burden- sistency of the mud. the way the Department represents some restrictions on the President that ‘‘We also contacted the Army National U.S. interests abroad. guard because we were thinking maybe we prevent the U.S. from cooperating with could use one its helicopters, but they said The explanation that the State De- the ICC. I also want to thank Senator the prop wash from the rotors would do more partment offers for supporting ASPA is DODD’s staff for providing valuable ad- harm than good,’’ Shampine said. that it did so in exchange for releasing vice on this issue. Meanwhile, as these efforts were underway, the U.N. dues. This does not withstand the district immediately initiated deterrent f the most basic scrutiny. activities to prevent any more cranes from In the wake of the September 11 at- ARMY CORPS OF ENGINEERS landing in the mud. Spotlights, horns and tacks, there was overwhelming support ARTICLE firecrackers were largely successful in preventing more cranes from landing in the in Congress to assist with efforts to Mr. DOMENICI. Mr. President, I rise prevent and respond to international area. However, a few more became trapped today to include in the RECORD today there, according to Ron Kneebone, project terrorism. After September 11, without an inspiring and uplifting occurrence manager. any quid-pro-quo, the Senate voted to in my home State of New Mexico. Per- ‘‘We think what happened was that cranes confirm Ambassador John Negroponte cent news from any Army Corps of En- that landed elsewhere at the reservoir would to the position of U.S. representative gineers publication, Engineer Update, begin foraging for food at dawn and wander to the United Nations. I am confident provides a particular instance in which over to the mud flats and become stuck,’’ he that the State Department, with a lit- said. After that, deterrent methods were also the Corps went the extra mile to suc- initiated at dawn. tle ingenuity, could have persuaded the cessfully rescue sand hill cranes under Republican majority in the House to Although one bird was captured on Nov. 8 uncommon circumstances. and treated and released at the Bosque a meet our obligations to the United Na- In the middle of repairs on Jemez couple of days later, personnel were not hav- tions—something that is clearly in our Dam the cranes were foraging for food ing much luck reaching the other cranes. As national security interests—without and getting trapped in the mud left news of the trapped birds hit the media car- having to agree to support ASPA. over from having to drain the res- loads of concerned citizens began showing up In any event, I take issue with Mr. ervoir. The depth of the mud and the at Jemez interested in saving the cranes. ‘‘Conditions at the reservoir were ex- HYDE’S interpretation of sections 2004, size and nature of the cranes made the 2006, and 2011, even though they are tremely dangerous,’’ Kneebone said. ‘‘We cer- situation extremely hazardous for any- tainly appreciated that people were con- heavily qualified by the Dodd-Warner one to get involved. amendment. Again, one should look to cerned, but we couldn’t risk endangering After bringing in a special boat that human life.’’ Therefore, the road leading to legislative history only if the text of could handle the mud they were able to the area was closed to the public. the provision is unclear, and in this capture the birds and get them to safe- A break came when personnel contacted case the text of ASPA is clear and does ty where they were cleaned and re- New Orleans District and learned about an not support his reading. For example, leased. All the while, the Corps put engine that could enable a regular motor- boat to operate in mud. The 20-horse-power there is nothing in the waiver language forth the measures to prevent anymore concerning the President’s executive engine was flown in overnight from Go-Devil birds from being trapped in the mud. Outboard Motors in Baton Rouge, LA. authority or authority as Commander- This was an exceptional effort on the in-Chief that limits the waiver to a ‘‘We got it on Nov. 14 and began testing it Corps of Engineers’ part to handle both the next day,’’ Kneebone said. ‘‘That after- subset of this authority. Moreover, the job at hand and the surrounding ef- noon, we began recovery efforts using ASPA clearly states that the waiver fects of their labor. I commend them trained volunteers and Corps personnel, and applies to ‘‘any action or actions . . .’’ on their concern for the environment we were successful in capturing nine not to ‘‘some’’ actions. in the midst of their already tough cranes.’’ For Mr. HYDE’s interpretation to be Rescue operation continued through the labor. correct it would be necessary to add migration season, and 15 cranes were res- I ask unanimous consent that a copy language to the provision such as: ‘‘if cued. Of those, three died and 12 were suc- of the article be printed in the RECORD. it would be unconstitutional for Con- cessfully treated and released. There being no objection, the mate- Most of the rescued cranes were cleaned up gress to restrict the exercise of this au- rial was ordered to be printed in the and rehabilitated at the Rio Grande Zoo in thority.’’ Moreover, ASPA states that RECORD, as follows: Albuquerque, N.M. Each bird took 45 min- it applies to ‘‘any action’’ taken by the utes just to clean because each feather had TRAPPED BIRDS RESCUED FROM MUD President as Commander-in-Chief or to be cleaned separately, according to Me- exercising ‘‘the executive power’’ of the (By Joan Mier) lissa Stock, editor of Zooscape Magazine. Presidency. If the President has the ALBUQUERQUE DISTRICT ‘‘It was a three-person job,’’ Stock said. constitutional authority to take an ac- When Jemez reservoir was drained Nov. 1 ‘‘One person had to hold its feet, another its tion, this provision permits him to do to repair a bulkhead guide on the dam, no legs, and then another cleaned the bird.’’ one could have foreseen the effect it would ‘‘We received a lot of help and cooperation so, notwithstanding any other lan- from other agencies and organizations,’’ said guage in the bill. It is not relevant have on sand hill cranes, which were about to begin their migration to the Bosque del Kneebone. He credited the Santa Ana Pueb- whether Congress could have prohib- Apache. Using Jemex, about 30 miles from lo, which owns the land at the reservoir, U.S. ited such actions. Albuquerque, N.M., as a stopover point on Air Force, and Hawks Aloft for assisting in Further, no matter what was said be- their journey was common. What was not efforts to both rescue the cranes and prevent tween those who negotiated ASPA, Mr. common was the particular area they chose more from landing in the area. HYDE’s interpretation of the provision to land in when they began their migration f was not necessarily in the minds of the Nov. 6. majority of Members voting on ASPA ‘‘These birds land between 3 p.m. and 6 LIVESTOCK DISASTER because it simply was not mentioned p.m. The sheen on the mud left behind after LEGISLATION during the House or Senate debates. the reservoir drained looked like water to Mr. GRASSLEY. Mr. President, dur- these birds, and some of them chose to land These waiver provisions complement there,’’ said Susan Shampine, Chief of Oper- ing the conference on the farm bill, the section 2015 which is highly relevant in ations of Division. About 58 birds became conferees threw out my bipartisan interpreting them, as Senator WARNER mired in the 30-foot deep mud of the drained amendment on reasonable payment alluded to during the Senate debate. reservoir. limits. I was extremely disappointed

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00044 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 1, 2002 CONGRESSIONAL RECORD — SENATE S7861 the provision was dropped. Reasonable, There is no ‘‘active participation’’ re- because the contracting process at NIH legitimate payment limits were a top quirement in this proposal, as com- only works if there are funds available. priority to Iowa’s family farmers. It is pared to my farm bill payment limit If there are no funds available, we must important to the farmers of Iowa that proposal. have the rule to ensure that we get we fix this shortcoming of the new This legislation does not eliminate needed studies done so that the nec- farm bill. the three entity rule, but it does elimi- essary information can be added to the American’s recognize the importance nate the need for multiple entities by labels of the medicines children use. of the family farmer to our Nation, and allowing farmers who choose not to Would the Senator agree that the lan- the need to provide any adequate safe- participate in multiple entities to par- guage of the amendment allows other ty net for family farmers. In recent ticipate at an equal level as those that tools to be used, but also makes clear years, however, assistance to farmers choose to receive the same benefits that the rule will be available, enforce- has come under increasing scrutiny. from up to three entities. able, and unencumbered when needed? Critics of farm payments have argued This legislation finally establishes Mrs. CLINTON. I would agree. that the largest corporate farms reap tangible transparency regarding the Mr. DODD. We will continue to exam- most of the benefits of these payments. fourth payment that only the largest ine the contracting process at the NIH The reality is, 60 percent of the pay- farming entities utilize. That payment to ensure that it works effectively, in ments have gone to only 10 percent of is the generic commodity certificate conjunction with the rule, so that our Nation’s farmers. payment. there is no delay or bottleneck in con- What’s more, the payments that have While I believe generic certificates ducting the studies and securing this been designed to benefit small and me- should be eliminated, I understand the information for children. dium-sized family famers have contrib- importance in developing a fourth pay- Mr. DEWINE. That is correct. Con- uted to their own demise. Unlimited ment limitation so that my colleagues gress made several tools, including the farm payments have placed upward realize there is another payment. Cur- contracting process under the BPCA, pressure on land prices and have con- rently, generic certificates are an end- available, but Congress never contributed to overproduction and lower less stream of funding only limited by templated the exhaustion of all the commodity prices, driving many fami- the maximum extent of commodity tools under BPCA before the rule could lies off the farm. production by the entity receiving pay- be invoked. This amendment makes The new farm bill fails to address the ments. clear that as long as the FDA has first This legislation would help offset the use of generic commodity certificates asked a company to voluntarily con- cost of the much needed livestock dis- which allow large farming entities to duct the study, the FDA will be able to aster assistance and help small and me- circumvent payment limitations. The invoke the rule. supposed ‘‘reform’’ in the farm bill is dium-size producers nationwide who are tired of the Government sub- f worthless due to the lack of generic sidizing large farm entities which drive certificate reform. In recent years, we TAX RELIEF FOR LIVESTOCK land rent expenses to unreasonable have heard news reports about large PRODUCERS margins due to economics of scale. corporate farms receiving millions of Mr. BURNS. Mr. President, I rise dollars in payments through the use of f today in support of S. 2762, a bill which generic certificates. Generic certifi- PRESERVE THE PEDIATRIC RULE would provide tax relief to livestock cates do not benefit family farmers but ACT OF 2002 producers who are forced to sell off allow the largest farmers to receive un- Mrs. CLINTON. I am very pleased part of their herds due to drought. I limited payments. that today the Senate HELP Com- would also like to commend my col- Legitimate, reasonable payment lim- mittee voted unanimously to report S. league, Senator THOMAS, for intro- its are critical to family farmers in 2394, the Preserve the Pediatric Rule ducing this legislation. Iowa. I feel strongly the farm bill Act of 2002, out of Committee, as In my home State of Montana, we are failed Iowa’s farmers when it failed to amended by consensus language to as- currently in our fifth year of drought. effectively address the issue of pay- sure that, for already-marketed drug, Livestock producers are running out of ment limitations. Hopefully, the pro- companies have an opportunity to con- grass for their herds and very few posal I am introducing with Senator duct studies voluntarily before the rule ranchers in Montana have carry over ENZI AND SENATOR HAGEL will help to is invoked, which is consistent with hay. Their choices are limited. If restore public respectability for Fed- current Food and Drug Administration ranchers can find hay, it is expensive eral farm assistance by targeting this practices. and often hundreds of miles away. assistance to those who need it the Mr. DODD. Does the Senator agree Their only other option is to sell off most, while providing the much needed that with the exception of the agreed- part or, in extreme situations, their en- disaster assistance for livestock pro- to amendment to allow a manufacturer tire herds. ducers. to voluntarily study an already-mar- The effect on Montana’s economy can This new proposal allow for a total of keted drug before the rule is invoked, be seen in the numbers. In 2000, we had $35,000 for direct payments, $65,000 for the legislation we passed tracks the ex- 2.6 million head of cattle in my State. counter-cyclinal payments, $150,000 for isting language and policy of the rule, As of today, after two severe years of LDP/MLA payments, and $30,000 over and ensures that FDA and HHS will not drought, we have 2.4 million head of the LDP limit for generic certificates. weaken or undermine current protec- cattle. The drought is equally dev- This new proposal allows for a total tions for children on drug safety and astating on sheep numbers. In 2000, we of $35,000 for direct payments, $65,000 labeling? had 370,000 head of sheep. Today we for counter-cyclical payments, $150,000 Mrs. CLINTON. I agree. have 335,000 head of sheep in Montana. for LDP/MLA payments, and $30,000 Mr. DODD. Also, as the Senator will When these cattle and sheep leave over the LDP limit for generic certifi- remember, last year’s Best Pharma- the State, the effect on the local, rural cates. ceuticals for Children Act BPCA, estab- economies is great. Ranchers aren’t This new farm bill establishes an lished a mechanism by which drugs buying as much feed, they are buying $80,000 limitation on direct payments, that companies did not voluntarily fewer veterinary supplies, and worse $130,000 on counter-cyclical payments, study would automatically be referred yet, the ranchers may go out of busi- $150,000 on LDP/MLA payments, and no to the National Institute of Health, ness all together. These are ranches limitation on generic certificates. HIH, to be contracted out for study. Is and herds that have been built up over The grand total for the new farm bill it not Congress’s intention that this generations and will be extremely dif- payments is $360,000 with unlimited tool along with the rule should be used ficult to replace. I have heard from payments through the use of generic to secure safety and efficacy informa- many ranchers these animals won’t certificates. The cumulative payment tion for kids as quickly as possible? come back to Montana. They are gone limit under the Enzi-Grassley legisla- Mrs. CLINTON. That is correct. forever. tion is $250,000 plus $30,000 for generic Mr. DEWINE. We are committed to I have been working on getting dis- certificates. fighting for dollars for these studies, aster relief for producers suffering

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00045 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7862 CONGRESSIONAL RECORD — SENATE August 1, 2002 from drought since early last fall. I am tive and therapeutic. But let me be to the House of Representatives and currently a co-sponsor of a bill with clear: All human cloning is reproduc- the American public. The House passed Senator BAUCUS that would provide tive, in the sense that it creates—re- a strong prohibition on human cloning emergency funds to farmers and ranch- produces—a new developing human in- last summer, and poll after poll shows ers suffering crop and livestock loss. I tended to be genetically identical to that the vast majority of American believe Senator THOMAS’ bill fits in the cloned subject. The difference is citizens are opposed to all human perfectly with my earlier efforts to that one is intended to be carried to cloning. help our producers. It is a common term and the other is intended to be The second reason to ban all human sense approach to a real problem. deliberately killed for its cells. cloning is that there are better and I look forward to working with my Therapeutic cloning is when sci- more ethical ways to discover cures for colleagues to pass this legislation. entists clone an embryo solely to uti- diseases that do not involve the de- f lize its stem cells either to create large struction of a human embryo, espe- ‘‘control groups’’ or to attempt mass cially in light of the fact that cloning IN MEMORY OF TIMOTHY WHITE production of genetically matched may not even work! Mr. HATCH. Mr. President, I wanted stem sells for treatment of diseases. Almost weekly we read of amazing to take a moment to note the passing Many of my colleagues believe that breakthroughs in the scientific and of Timothy White, who was the editor- only reproductive cloning is immoral, medical communities using adult stem in-chief of Billboard magazine until he but they are in favor of therapeutic cells and other noncontroversial tis- died unexpectedly a few weeks ago, cloning. They say that therapeutic sues and cells to treat human condi- leaving a wife and two young sons. He cloning is beneficial because it has the tions. Adult stem cells are used with has been honored by many throughout potential to help people with diseases. success in more than 45 human clinical the music industry, particularly for his They don’t want a cloned embryo to be trials, while embryonic stem cells and trumpeting of new, not yet famous art- implanted in a woman’s womb and stem cells from human clones have not ists, working to give them space in a begin to grow, but they support cre- helped a single person. Here are just a medium generally reserved for the al- ating the embryo and then plucking its few examples of the successes of adult ready successful. stem cells until it dies. stem cells: We worked with Tim on artists’ The first reason my colleagues Last July, the Harvard University rights issues, such as work-for-hire, should vote to ban all human cloning is Gazette reported that mice with Type 1 during my tenure as chairman of the that the human embryo is a human life diabetes were completely cured of their Judiciary Committee. His efforts on with a soul, whether it is cloned or is disease using adult stem cells. Addi- behalf of all artists will be remem- conceived naturally, and should be de- tionally, University of Florida sci- bered. stroyed for any reason. There is not entists reported recently that adult rat Looking to boost artists whom he one person in the Senate or on the face liver stem cells can evolve into insulin- felt deserved more attention, he wrote, of the Earth who did not begin their producing pancreatic cells, a finding ‘‘At its high end, rock ‘n’ roll can peri- life as a human embryo. that has implications for the future of odically fill in the hollows of this If we allow the creation of embryos diabetes research. faithless era—especially when the solely for their destruction, we will ef- On June 15 of last year, the Globe and music espouses values that carry the fectively be discriminating against an Mail reported that Israeli doctors in- ring of emotional candor.’’ I share the entire class of human beings by saying jected a paraplegic with her own white blood cells, and she regained the abil- hope that true artists who offer a lift to them: I will destroy your life for the ity to move her toes and control her to their listeners from the weight of sake of someone else’s or my own. If we the world will be found by those seek- bladder. accept the notion that some lives have In December of last year, Tissue En- ing the joy and inspiration music can more value than others, if we allow sci- gineering, a medical journal, reported offer, and note with sadness the pass- entists or doctors or politicians to play that researchers believe they will be ing of a friend of that cause, as I also God and determine which lives have able to use stem cells found in fat to join my friends in the music industry value and which do not, then we have rebuild bone. If this research works, in extending our condolences and best demolished the very foundation upon people with osteoporosis and other de- wishes at this difficult time to Tim’s which we have built our freedom. generative bone conditions could ben- wife and sons. I trust they will find Human embryos are not machines to be efit significantly. Tim’s legacy a source of pride and sol- used for spare parts, all in the name of A researcher at the University of ace in the coming months and years. ‘‘medical progress.’’ We cannot view Minnesota has discovered what is being Mr. SMITH of New Hampshire. Mr. human life as an exploitable natural called the ultimate stem cell. The stem President, I rise to say a few words resource, ripe for the harvest. cells found in adult bone marrow have about human cloning as the Senate Some base their passion for so-called passed every test by proving that they will soon be recessing for the month of therapeutic cloning upon the false can form every single tissue in the August. Not only has the Senate failed premise that what is created in the lab body, can be grown in culture indefi- to ban human cloning altogether, we is not a human embryo. The facts dis- nitely with no signs of aging, can be have not had a meaningful debate on pute these unsupported claims. Dr. isolated from humans, and do not form this critical issue. John Gearhart of Johns Hopkins Uni- cancerous masses when injected into Let me begin my remarks with an in- versity, one of the discoverers of adults. sightful and profound line in the movie human embryonic stem cells, told the Scientists from Celmed BioSciences ‘‘Jurassic Park,’’ delivered by a mathe- President’s Council on Bioethics on reported that adult neural stem cells matician played by Jeff Goldblum. AS April 25, 2002, that he thinks the prod- taken from a patient’s own central the creator of the park is praising his uct of cloning is and should be called nervous system have been successfully scientific team for taking science into an ‘‘embryo.’’ He said: ‘‘I know that used to treat Parkinson’s disease. uncharted waters, Goldblum’s char- you are grappling with this question of Their research suggests this method of acter interrupts him. ‘‘Your scientists whether a cloned embryo created in the using adult stem cells may possibly be were so preoccupied with whether or lab is the same thing as an embryo pro- useful in treating a variety of other not they could, they didn’t stop to duced by egg and sperm, and whether neurological conditions. think if they should.’’ The Senate we should call it an ‘embryo’, but any- Scientists reported success last week needs to stop and think if it should. thing that you construct at this point in converting skin cells into immune In my remarks today, I will outline in time that has the properties of those cells. This development has great five reasons why the Senate should structures to me is an embryo, and we promise for treating diseases such as vote for the Brownback-Landrieu bill should not be changing vocabulary at diabetes, immune deficiencies, Parkin- which bans all human cloning. Let me this point in time.’’ son’s, Alzheimer’s and spinal cord inju- start by saying that there has been a Even the American Medical Associa- ries. When using cells from the pa- lot of talk about ‘‘the two different tion believes that the clone is fully tient’s own body, the risk of rejection kinds of cloning’’—that is, reproduc- human. The Senate should also listen is overcome.

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00046 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 1, 2002 CONGRESSIONAL RECORD — SENATE S7863 Researchers found that intravenous Last December, Michael West of Ad- stantly, writhed and twisted, and one injections of cells from human umbil- vanced Cell Technology predicted that patient had to be put on a feeding tube ical cord blood improved the neuro- within 6 months, his company would be because his spasms were too severe. Dr. logical and motor function of rats re- ready to create ‘magic’’ cells that Paul Greene says it best: ‘‘no more covering from severe traumatic brain would save 3,000 lives per day because fetal transplants.’’ Some panacea. injury. The study appears in the June 6 he would be able to clone a human em- Gene therapy is another example of issue of the journal Cell Transplan- bryo. However, it was later revealed hype that not only as yielded no re- tation, a special issue that focuses on that West was unable to garner stem sults, but is has also been responsible emerging approaches in neural trans- cells from his cloned embryos. Sci- for the deaths of many people and over plantation and brain repair. entists quickly pronounced West’s 1,000 serious adverse effects. A pa- In fact, these ethical approaches to cloning experiment a failure. Dr. Don- tient’s group advocate noted: ‘‘It’s stem cell research are also safer for pa- ald Kennedy summarized the study this hardly gotten anywhere. I have been tients than embryonic stem cell re- way: ‘‘This scientific effort did not suc- very disappointed.’’ search because embryonic stem cells ceed by any measure.’’ The only thing cloning will do is may cause tumors in patients, and the Thomas Okarma, the chief executive ‘‘clone’’ all the similar hype that has body may reject embryonic tissues in of Geron Corp., a cell therapy com- gone before it. the same way the immune system re- pany, has no interest in using cloned Additionally, trials in animal cloning jects transplanted organs. As President embryos to produce customized treat- indicate that 95 to 99 percent of the Bush has stated: ‘‘the benefits of re- ments for disease. According to the embryos produced by cloning will die; search cloning are highly speculative. L.A. Times, he said the odds favoring of those that survive until late in preg- Advocates of research cloning argue success ‘‘are vanishing small,’’ and the nancy, most will be stillborn or die that stem cells obtained from cloned costs are daunting. He also said that it shortly after birth. The rest may sur- embryos would be injected into a ge- would take ‘‘thousands of [human] eggs vive with unpredictable but dev- netically identical individual without on an assembly line’’ to produce a cus- astating health problems. In fact, a re- risk of tissue rejection. But there is tom therapy for a single person. ‘‘The view of all the world’s cloned animals evidence, based on animal studies, that process is a nonstarter, commercially,’’ suggests every one of them is geneti- cells derived from cloned embryos may he said. cally and physically defective. indeed be rejected.’’ Embryonic stem Let’s review the headlines of what Four years ago, it took about 270 at- cells have never been used successfully the experts say about cloning: ‘‘Did not tempts to clone Dolly, the sheep. Is the in a human trial. The haven’t even succeed’’, ‘‘Falling from favor’’, ‘‘may Senate willing to go on record to sac- been used to completely cure disease in well be useless’’, ‘‘prospects have rifice 270 human lives in order to suc- a rat or a mouse. dimmed’’, ‘‘vanishing small’’, ‘‘did not cessfully produce 1 cloned human With the success of adult stem cells, succeed’’, and ‘‘nonstarter’’. If I were a being? you do not need to clone human beings. cloning advocate, I wouldn’t want this The third point I would like to drive Let’s invest in medical research that to be made public. home to you is the slippery slope argu- the entire Senate can support. There is Writer Wesley J. Smith says human ment. It is interesting to see how this also increasing evidence to indicate cloning is indeed immoral. But that debate has evolved, especially when that human cloning may not even isn’t the reason it will eventually be one considers last year’s debate, which work! You may disagree with my moral rejected. He says ‘‘there is increasing was about whether to condone the dis- or ethical arguments, and you may not evidence that therapies based on cloned section of embryos that would be de- care how successful adult stem cell embro cells would be so difficult and stroyed anyway. This year’s debate is therapies have been, but I hope you expensive to develop and so utterly im- about whether to destroy embryos that will at least pay attention to this im- practical to bring to the bedside, that wouldn’t have been created otherwise. portant point. Let me repeat it: There the pie-in-the-sky promises which fuel One of my colleagues, on the subject of is convincing evidence that human the pro-cloning side of the debate are killing embryos, had this to say: ‘‘Pri- cloning may not even work. unlikely to materialize. Not only is vate companies are creating embryos The April 5, 2001, issue of Nature re- human cloning immoral but it may specifically for stem cells, and I think ports that cloning human embryos to have negative utility—in other words, that’s a very bad idea.’’ However, he is harvest their stem cells is being aban- attempting to develop human cloning now sponsoring a bill that would allow doned by many researchers as ineffi- technologies for therapeutic use may what he once opposed: the creation of cient, costly, and unnecessary. The ar- drain resources and personnel from embryos specifically for stem cell re- ticle says that ‘‘many researchers have more useful and practical therapies.’’ search. come to doubt whether therapeutic I want to briefly mention another If the debate alone has evolved and is cloning will ever be efficient enough to form of hype that ties into the notion subjective and prone to change and be commercially viable.’’ Noting the of human cloning and its ‘‘boundless charging down a slippery slope, how short supply of human eggs and the ex- potential.’’ Let’s talk about the much much more so the issue of medical expense and inefficiency of cloning, the ballyhooed fetal tissue transplantation perimentation with human beings? article concludes that the prospects for experiments. It was originally thought Many clonings supporters scoff at the therapeutic cloning have ‘‘dimmed’’ of as the ‘‘ultimate cure of the future’’ slippery slope argument, but let’s look and those who still favor it are taking and that interfering with these experi- at what is happening with animal ex- a ‘‘minority view.’’ ments was to interfere with saving perimentation. Already scientists have Dr. Stuart Newman of NY Medical countless lives. Now, after 13 years of taken cloned cow embryos past the College noted in his March 5 Senate private and publicly funded trials, blastocyst stage, allowed them to de- testimony that genetically matched some of the worse case scenarios have velop into fetuses, and reimplanted cells from cloning may well be useless come to pass, while nothing of sci- their tissue back into the donor ani- in treating conditions with a genetic entific value has been accomplished. mal. basis such as juvenile diabetes—be- Today there is a thriving market in If we allow for therapeutic cloning— cause these cells will have the same ge- the sale of baby body parts, which I again, this is cloning where you grow a netic defect that caused the problem in brought to light a couple of years ago. cloned embryo simply to utilize its the first place. Also, the methods and timing of abor- cells for medical research—why not Due to these factors, as well as ad- tions are being changed to garner bet- allow cloned embryos to further de- vances in genetically tailoring cells ter tissue for research, and the most velop until their organs can be har- without using cloning, many experts do comprehensive study on the use of fetal vested for transplantation? If a cloned not now expect therapeutic cloning to tissue to treat Parkinson’s showed no baby could save or improve the lives of have a large clinical impact. In fact, overall health benefit. Research de- many people, why not sacrifice its or- this whole approach is said to be ‘‘fall- scribed side effects of the treatment as gans for the sake of many other peo- ing from favor’’ among both British ‘‘absolutely devastating.’’ Patients imple’s quality of life? The only distinc- and American researchers. planted with fetal tissue chewed con- tion, if morality and ethics are not a

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00047 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7864 CONGRESSIONAL RECORD — SENATE August 1, 2002 consideration, is a few months of time that it will be impossible to keep Future generations will judge us based to wait for the embryos to develop. women from implanting cloned em- upon what we do today. We must think It is no secret that our society wants bryos into their wombs. of the future we want for our chil- to live forever. What would stop a per- A ban on reproductive cloning will dren—an ethical world that use sound, son with financial means from cloning not work because cloning would take moral science to heal, and that re- little versions of themselves so that place within the privacy of a doctor-pa- spects the dignity of every human life. when they get old, they could pluck tient relationship and because the Our country stands at a crossroads. I out a younger version of a failing organ transfer of embryos to begin a preg- hope the United States will not follow from their clone? nancy is a simple procedure. Would the the road taken by God’s chosen people If we are willing to use cloned human woman be forced to abort the ‘‘illegal many years ago as recorded in the Holy embryos to save human lives, why product’’? This has been called the Bible: ‘‘In those days Israel had no shouldn’t we consider sacrificing other ‘‘clone and kill’’ approach because you king; everyone did as he saw fit.’’ ‘‘less important’’ people for our own would force the woman to kill her un- (Judges 21:25) gain? For example, how about taking born child. I hope and pray that the Senate will healthy organs from persons who are in Even the Department of Justice eventually ban all forms of human a permanent vegetative state? What agrees that it is nearly impossible to cloning. about plucking parts from the termi- enforce a bill that allows for the cre- f nally ill, mentally retarded, or ‘‘old’’ ation of human embryos for research. IRAQ people past the age of 60. I know this They said: ‘‘Enforcing a modified may sound far-fetched to my col- cloning ban would be problematic and Mr. HAGEL. Mr. President, I ask leagues, but let us ask ourselves what pose certain law enforcement chal- unanimous consent to have printed in the Senators standing in this Chamber lenges that would be lessened with an the RECORD a statement on Iraq that I a mere 25 years ago would have gave before the Foreign Relations outright ban on human cloning.’’ And thought of a debate such as the one we Committee. ‘‘anything short of an outright ban are having here today on human There being no objection, the mate- would present other difficulties to law cloning. They would have thought pre- rial was order to be printed in the enforcement.’’ RECORD, as follows: dictions of deliberation on such mat- If you think we will never see an im- ters were far-fetched as well. planted clone, think again. Italian fer- Mr. HAGEL. I would like to congratulate Once we start down the slippery slope the Chairman and the Ranking Member for tility specialist Severino Antinori is of creating life for utilitarian purposes, holding these timely hearings on Iraq. I now explicitly claiming that three there is no definitive line that sepa- agree with my colleagues that we need a na- rates what we ought and ought not to women are pregnant with clones. One tional dialogue on what steps we should take do. There are no ethical boundaries of the pregnancies is in its 10th week. to deal with the threat posed by Saddam The bottom line is that if we only Hussein’s Iraq. Americans need to be in- that will keep scientists in check once vote to ban reproductive cloning but formed about the complexities and con- we accept the premise that the goal of allow for therapeutic cloning, at some sequences of our policies in Iraq. curing diseases outweighs the ethical I look forward to listening to and learning point we will start hearing stories of or moral value of human life. But once from the distinguished witnesses before us we accept the ‘‘anything goes’’ philos- women who are pregnant with clones of today about the nature and urgency of the ophy, then ‘‘everything goes.’’ When we their dead children, clones of their hus- threat we face from Iraq, including their begin to decide who should live and band, and clones of themselves. We will evaluations of what the best policy options who should not, we effectively remove have opened up the Pandora’s box, and may be for meeting this threat; the pros- we will bear the responsibility for all pects for a democratic transition after Sad- God from every area of our lives and dam Hussein; and what the implications of our Nation. After the events of Sep- that may follow. Unless humans are seen as created in our policies in Iraq may be for the stability tember 11, it is clear that this Nation God’s image and endowed by Him with of the Middle East and our security interests needs God more than ever. there. This is to say nothing of the eventual the right to live, there will be no stop- Much of the debate by those advocating recreation of a brave new world. Will ping the scientists and doctors from gime change through military means have so genes be modified to give people higher doing whatever they want to do. far focused on the easy questions. Is Saddam IQs or eliminate the tendency to be We stand here today in an important Hussein a ruthless tyrant who brutally op- presses his own people, and who possesses overweight? What if we inadvertently moment in time. Pro-cloning advocates have promoted the lofty claims of mi- weapons of mass destruction that have the introduce disastrous abnormalities potential to threaten us, his neighbors and into the human race? Will we introduce raculous breakthroughs. They play on the emotions of the ill and those who our allies, including and especially Israel? abnormalities that lead to new diseases Yes. Do most Iraqis yearn for democratic that afflict our fellow man? Cloning is care about them, which is all of us. But change in Iraq? Yes, they do. Can Saddam be just not worth it. just below the surface there is a dark, rehabilitated? No, he cannot. The fourth point to consider is that frightening premise. They believe that In my opinion, complicated and relevant human cloning represents the science has the right to play God, to questions remain to be answered before mak- commodification and commercializa- create a lower form of human life to be ing a case for war, and here is where these hearings will play an important role. What is tion of human life. Some biotech firms harvested for medical research. This is ethically and morally wrong. Even the nature, and urgency, of the threat that hope to patent specific cloned human Saddam Hussein poses to the United States embryos for sale for many types of ex- science does not back all the hype from and Iraq’s neighbors? What do we know perimentation—just as designer strains the pro-cloning side. There is no proof about Iraq’s programs of weapons of mass de- of cats, mice, and other animals are al- that sacrificing our ethics and moral- struction? There have been no weapons in- ready patented and sold as ‘‘medical ity to allow human cloning will even spectors in Iraq since December 1998. Is Iraq models.’’ These firms are amoral and help these patients. There are better, involved in terrorist planning and activities will pursue whichever path provides ethical solutions. against the United States and US allies in the greatest potential for financial Today, my colleagues, we must the Middle East and elsewhere? choose. This one decision will protect What can we expect after Saddam Hussein gain. They will not regulate them- in Iraq? What do we know about the capabili- selves. This Congress bears the respon- human life as we know it, or it will ties of the opposition to Saddam inside Iraq? sibility of regulating these companies. open the door to an ethical, medical, While we support a unified and democratic It is our duty to the American public and moral wasteland, We can help opposition to Saddam Hussein, the arbiters to hold amoral corporations to a higher those suffering with diseases without of power in a post-Saddam Iraq will likely be ethical standard. These biotech firms sacrificing our Nation’s core principles. those who reside inside, not outside, the are forgetting that human life is not a To oppose any form of human cloning country. And these individuals and groups good to be traded in the marketplace is to preserve the sanctity of human we do not know. Who are they? And where life while providing real solutions are they? These are the Iraqis we need to un- nor a means by which they can profit derstand, engage, and eventually do business financially. based on real science. Let us choose with. The fifth and final reason we should what is right. We must ban all human What will be the future of Iraqi Kurdistan not allow any form of human cloning is cloning, no matter how it is cloaked. in a post-Saddam Iraq?

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00048 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 1, 2002 CONGRESSIONAL RECORD — SENATE S7865 How do we accomplish regime change in changing current law, we can change It supports the reconstruction of Af- Iraq given the complexities and challenges of hearts and minds as well. ghanistan through creating jobs, clear- the current regional environment? The deep f ing landmines, and rebuilding the agri- Israeli-Palestinian conflict continues; our culture sector, the health care system, relations with Syria are proper though AFGHANISTAN FREEDOM SUPPORT and the educational system of Afghani- strained; we have no relationship with Iran; ACT Egypt, Saudi Arabia, Turkey, and Jordan stan; and have warned us about dangerous unintended Mr. HAGEL. Mr. President, the Af- It provides resources to the Ministry consequences if we take unilateral military ghanistan Freedom Support Act is for Women’s Affairs of Afghanistan to action against Iraq; and Afghanistan re- similar to H.R. 3994, sponsored by the carry out its responsibilities for legal mains a piece of very difficult unfinished Chairman of the House International advocacy, education, vocational train- business, an unpredictable but critical in- Relations Committee, Congressman ing, and women’s health programs. vestment for the United States and our al- HYDE. The House of Representatives This legislation also strongly urges lies. passed this bill on May 16 by a vote of the President to designate within the I can think of no historical case where the 390–22. State Department an ambassadorial- United States succeeded in an enterprise of The Afghan Freedom Support Act level coordinator to oversee and imple- such gravity and complexity as regime change in Iraq without the support of a re- comments the United States to the ment these programs and to advance gional and international coalition. We have democratic and economic development United States interests in Afghanistan, a lot of work to do on the diplomatic track. of Afghanistan. In addition to the eco- including coordination with other Not just for military operations against Iraq, nomic and political assistance found in countries and international organiza- should that day come, but for the day after, Title I of the legislation, Title II seeks tions with respect to assistance to Af- when the interests and intrigues of outside to enhance the stability and security of ghanistan. powers could undermine the fragility of an Afghanistan and the region by author- In general, the Afghanistan Freedom Iraqi government in transition, whoever gov- izing military assistance to the Afghan Support Act provides a constructive, erns in Iraq after Saddam Hussein. strategic framework for our Afghan An American military operation in Iraq government and to certain other coun- could require a commitment in Iraq that tries in the region, including assistance policy, and flexible authority for the could last for years and extend well beyond for counter narcotics, crime control President to implement it. the day of Saddam’s departure. The Amer- and police training. Let me add that this legislation is ican people need to understand the political, The United States must stay actively explicitly and strongly committed to economic, and military magnitude and risks engaged in helping Afghanistan increasing the participation of women that would be inevitable if we invaded Iraq. through a very dangerous and difficult in Afghan politics. One of the ‘‘prin- There was no such national dialogue or un- transition to stability, security, and, ciples of assistance’’ of this bill states dertaking before we went into Vietnam. ultimately, democratic government. that ‘‘Assistance should increase the There were many very smart, well inten- tioned professionals, intellectuals, and strat- We are at the beginning of a long proc- participation of women at the national, egists who assured us of a US victory in ess. We cannot be distracted or de- regional, and local levels in Afghani- Vietnam at an acceptable cost. Well, eleven terred from this objective. Our credi- stan, wherever feasible, by enhancing years, 58,000 dead, and the most humiliating bility, our word, and our security are the role of women in decision-making defeat in our nation’s history later we aban- directly linked to success in Afghani- processes, as well as by providing sup- doned South Vietnam to the Communists. stan. And there cannot be political sta- port for programs that aim to expand Let me conclude by saying that I support bility and economic development in Af- economic and educational opportuni- regime change and a democratic transition ghanistan without security. ties and health programs for women in Iraq. That’s easy. The Iraqi people have This legislation authorizes $2.5 bil- suffered too long, and our security and inter- and educational and health programs ests will never be assured with Saddam Hus- lion over 4 years for economic and for girls.’’ sein in power. The tough questions are when, democratic development assistance for We must not allow the Afghan gov- how, with whom, and at what cost. I look Afghanistan. This amount includes ernment of President Karzai to unwind. forward to the testimony of our witnesses Senator LUGAR’s proposal for a $500 The United States must make the nec- over the next two days on these critical million enterprise fund to promote job essary investment of resources to help questions. creation and private sector develop- stabilize and secure Afghanistan in f ment. In addition, S. 2712 authorizes up order to support a democratic transi- LOCAL LAW ENFORCEMENT ACT to $300 million in drawdown authority tion there. This bill addresses an ur- OF 2001 for military and other security assist- gent need. It is critical to America’s ance. security interest in Afghanistan and Mr. SMITH of Oregon. Mr. President, This legislation includes a Sense of Central Asia. If Afghanistan goes back- I rise today to speak about hate crimes the Congress resolution, at the initia- ward, this will be a defeat for our war legislation I introduced with Senator tive of Senator BIDEN, which urges the on terrorism, for the people desiring KENNEDY in March of last year. The President to commit the full weight of freedom in Afghanistan and in Central Local Law Enforcement Act of 2001 the United States to expand the Inter- Asia, and for America symbolically in would add new categories to current national Security Assistance Force the world. This defeat would under- hate crimes legislation sending a sig- (ISAF) beyond Kabul. The resolution mine the confidence in America’s word nal that violence of any kind is unac- calls for $1 billion to support ISAF ex- around the world. Afghanistan is the ceptable in our society. pansion for FY 2003 and FY 2004, if the first battle in our war on terrorism. We I would like to describe a terrible President makes that call. must not fail. crime that occurred July 16, 2000 in The main elements of the Afghani- f San Diego, CA. Seven teenage boys, stan Freedom Support Act are as fol- ages 14 to 17, attacked five elderly lows: TRIBUTE TO MARY JANE SMALL Latino migrant workers. The boys It authorizes continued efforts to ad- Mr. BYRD. Mr. President, the work chased, beat, and shot at migrants liv- dress the humanitarian crisis in Af- of the Senate would be impossible were ing in a makeshift encampment in an ghanistan and among Afghan refugees it not for the talents and tireless ef- isolated canyon. Ethnic slurs were used in neighboring countries; forts of our staffs. These are the men during the attack. The boys were It also authorizes resources to help and women who serve behind the charged with hate crimes, assault, rob- the Afghan government fight the pro- scenes, with few expectations of reward bery, and elder abuse in connection duction and flow of illicit narcotics; save for the opportunity to make a dif- with the incident. It assists efforts to achieve a broad- ference. I believe that government’s first duty based, multi-ethnic, gender-sensitive, I would like to take a moment to ac- is to defend its citizens, to defend them and fully representative government in knowledge a member of my staff who against the harms that come out of Afghanistan; has worked for me on behalf of the peo- hate. The Local Law Enforcement En- It supports strengthening the capa- ple of West Virginia for 25 years. Mary hancement Act of 2001 is now a symbol bilities of the Afghan Government to Jane Small joined my staff on August that can become substance. I believe develop projects and programs that 1, 1977. I was Majority Leader at the that by passing this legislation and meet the needs of the Afghan people; time.

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00049 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7866 CONGRESSIONAL RECORD — SENATE August 1, 2002 She came to my office with 6 years of Marcin family enjoyed participating in ernment policy, we seem unable to con- Capitol Hill experience, having worked school functions, class trips, the PTA, trol our appetites for current consump- for Congressman Ed Jones of Tennessee and various church activities. Mr. and tion, we seem unable to do anything and then-Congresswoman BARBARA MI- Mrs. Marcin were also socially and po- for the millions of our children’s gen- KULSKI from Mary Jane’s own home litically active in Irvington. Mrs. eration. And that is simply, on a moral town of Baltimore, MD. Marcin later worked as a special edu- level, the wrong thing to do. Over the years, Mary Jane Small has cation teacher’s aide. For when we in this generation worked in my legislative department, Hilda Marcin embraced life with en- choose to spend on current consump- providing a much-valued link between thusiasm and made the most of every tion and to accumulate debt for our my Washington office and the people of minute. She adored her family and her children’s generation to pay, we do West Virginia. There have been a lot of granddaughter, Melissa Kemmerer nothing less than rob our children of changes in how Senators correspond Lata. She was an inspiration to those their own choices. We make our with constituents since the time Mary she touched, including the special choices to spend on our wants, but we Jane started working for me. needs children in the school where she saddle them with debts that they must Back in 1977, no one had heard of e- worked. Her friends admired her posi- pay from their tax dollars and the mail. We did not have fax machines. tive attitude and her desire and ability sweat of their brow. Mary Jane joined my staff before we to continue working during the later On top of that, the demographic wave had computers. She was with me in the years of her life. Mrs. Marcin treasured of the baby boom generation adds an- days when we produced letters the old- freedom and democracy, and her Amer- other burden on our children’s genera- fashioned way—on typewriters—which ican citizenship. tion. We know now—there is no doubt must seem archaic to the younger gen- At the time of her death, Mrs. Marcin about it—that our generation will re- eration of Capitol Hill staff. was flying to San Francisco to live tire in large numbers beginning in the But despite the lack of telecommuni- with her younger daughter, Carole next decade. By the nature of older cations and high-tech gadgetry, our O’Hare. She is survived by her daugh- age, we know that our generation will require increased spending on income staffs produced quantity and quality. I ter, Elizabeth Kemmerer and son-in- support and health in the decade to am proud to count Mary Jane as one of law Raymond Kemmerer; daughter come and thereafter. And by the nature those staff members who has been with Carole O’Hare and son-in-law Thomas of the Social Security system, and by me through so much change. And O’Hare; and granddaughter Melissa the nature of Medicare and Medicaid, though times are different, she still Lata and Melissa’s husband, Edward we know that the Government will shines with the enthusiasm and drive Lata. have greatly increased obligations to that she had when she first joined my Mr. President, none of us is un- fund. Even if we as a society choose to staff. touched by the terror of September 11, provide the baby boom generation with The work of Senators will be re- and many Californians were part of exactly the same benefits that society corded in history. Our names, our each tragic moment of that tragic day. provided our father’s and mother’s gen- speeches, our legislative accomplish- Some were trapped in the World Trade eration, even if we do not provide for ments will have been printed in news- Center towers. Some were at work in Medicare coverage of prescription paper articles and in the CONGRES- the Pentagon. And the fates of some drugs—and I believe that we should SIONAL RECORD. But most of the men were sealed as they boarded planes provide those benefits—we as a society and women who have toiled on our bound for San Francisco or Los Ange- will need to devote greater resources to staffs will never get any public notice les. these important programs. of their devoted service to their fellow I offer today this tribute to one of We could at least in part prepare for citizens. Twenty-five years of Senate the 51 Californians who perished on those needs by paying down our Gov- service is certainly deserving of rec- that awful morning. I want to assure ernment debt now, so that the Govern- ognition. the family of Hilda Marcin, and the ment would have greater freedom to I thank Mary Jane for her dedication families of all the victims, that their borrow in the decades to come. Some to the people of the State of West Vir- fathers and mothers, sons and daugh- suggest that we could at least in part ginia and for the work she has done for ters, aunts, uncles, brothers and sisters prepare for those needs by accumu- our country. And I look forward to the will not be forgotten. lating financial assets now, which the next 25 years with her. f Government could sell in the future as f FISCAL RESPONSIBILITY an alternative to raising taxes in the IN MEMORIAM: HILDA MARCIN future. These actions would be the Mr. FEINGOLD. Mr. President, I rise functional equivalent of saving by the Mrs. BOXER. Mr. President, I take to help bring attention back to the Government. this opportunity to share with the Sen- issue of fiscal discipline and protecting In the last year and a half, we have ate the memory of one of my constitu- Social Security and Medicare for the done exactly the opposite. We have ents, Hilda Marcin, who lost her life on generation to come. chosen to do the functional equivalent September 11, 2001. Mrs. Marcin was 79 All parents want the best for their of binge consumption. The Government years old when the flight she was on, children. Parents will scrimp and save has gone on a spending spree. United Airlines Flight 93, was hijacked so that they can take care of their In February of last year, the Bush ad- by terrorists. As we all know, that kids, buy them new clothes, and help ministration’s Office of Management plane crashed in a Pennsylvania field, them go to school. We do it because we and Budget started with a baseline pro- killing everyone on board. love our children, and because it’s the jection that the Government would run Mrs. Marcin was born in right thing to do. a surplus of $282 billion in this year, Schwedelbach, Germany. When she was On a societal level, we are doing ex- fiscal year 2002. Earlier this month, in 7 years old, her family emigrated to actly the opposite. Rather than saving contrast, the OMB projected that we the United States to escape oppression. for the future needs of the next genera- will in reality run a deficit of $165 bil- Like many immigrants, her family left tion, rather than paying down debt to lion this year, a difference of $447 bil- all possessions behind and came only prepare for their future needs, rather lion between their initial baseline pro- with the clothes on their backs. than investing in assets now so that we jections and their latest predictions for Her family settled in Irvington, New will be better able to provide for the one year alone. In less than a year and Jersey, where she attended local next generation, the Government in- a half, the deficit picture for this year schools. She worked seven days a week stead has decided to spend its resources alone has clouded by nearly half a tril- in the payroll department of the New and more on current consumption. And lion dollars. Jersey shipyards during World War II. that’s the wrong thing to do. The Bush administration’s own num- A friend arranged a blind date with When we can see our children’s faces bers tell a similar story for the decade Edward Marcin and they were married and hear their dreams, we try to do as a whole. Last February, the OMB on February 13, 1943. They had two whatever we can for them. But when projected baseline surpluses of $5.6 tril- daughters, Elizabeth and Carole. The we act as a society, when we make gov- lion for the 10 years to come. Looking

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00050 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 1, 2002 CONGRESSIONAL RECORD — SENATE S7867 at the data that the OMB provided the numbers, spending for this year, fiscal The task before us is plain. We must Budget Committees along with the year 2002, is up 11 percent over last restrain future tax cuts, and we must OMB’s Mid-Session Review of the year’s levels. And as we have not en- restrain future spending. Budget, the Center on Budget and Pol- acted caps for 2003, we are at great risk The task before us is not too difficult icy Priorities calculated that $3.9 tril- of continuing these unsustainably for us to achieve. We saw in the 1990s lion of that 10-year surplus has evapo- large increases in spending into the fu- that when the Government balanced its rated, and that the Administration ture. budget, invested in education, and reg- seeks an additional $1.3 trillion in tax Some have pointed to the fight ulated business sensibly, it combined cuts and spending increases over the against terrorism as reason enough for to lower interest rates, bolster con- same period. Thus, by the OMB’s own such spending levels. But we cannot sumer and investor confidence, and numbers, in the past 17 months, we make the fight against terrorism bear help the economy grow. We can do that have dissipated nearly all of the sur- the vast weight of the entire Govern- again. plus for the decade to come. ment’s spending. We are not the first generation who Putting the receipts of the Social Se- We should not exempt military has been asked to live with sacrifice. curity Trust Funds aside, last Feb- spending from its due scrutiny, but I do And the sacrifices that are asked of us ruary, the OMB’s baseline projections not propose that we constrain military are by far not the hardest with which showed the Government running sur- spending alone. We should constrain generations have lived. pluses throughout the decade. This both military and domestic spending. All parents want the best for their month, the OMB policy projections We need to put some constraint on children. Let us act on behalf of our show the non-Social Security budget spending levels, or they will continue children not just as individuals, but as running deficits through 2012, and prob- to add to the Federal debt. a generation, as well. Let us return to ably for decades thereafter. The Federal Government’s budget is fiscal discipline. And let us restore to Thus, instead of reducing the Federal obese. We can exercise some willpower our children’s generation the freedom debt, we are adding to the debt that now and cut back our consumption, or to choose their own future. the doctors will put us on a far stricter our children’s generation must pay. In- f stead of saving for the future, we are diet later. And surely the credit mar- IN MEMORIAM: DEORA BODLEY consuming future resources for our- kets and the economy will be a rig- selves. orous doctor. We delude ourselves if we Mrs. BOXER. Mr. President, I would The causes and solutions to these cir- imagine that the need to cut back will like to take this opportunity to share cumstances are simple to see, although not come. with the Senate the memory of one of As my colleagues are aware, I have clearly, amassing the political will to my young constituents, Deora Bodley, twice come to the floor this year to act on them is far less simple to do. who lost her life on September 11, 2001. offer amendments to extend the spend- Plainly, last year’s tax cut was too Ms. Bodley was a 20-year-old college ing caps in the budget law, on June 5 large, and the Government is spending student when the flight she was on, with Senator GREGG and on June 20 too much. To meet our obligations to United Airlines Flight 93, was hijacked with Senator CONRAD. Although nei- our children’s generation, we should by terrorists. As we all know, that ther effort obtained the necessary 60 address both failings. plane crashed in a Pennsylvania field, votes, the Gregg-Feingold amendment By the OMB’s own numbers, fully 38 killing everyone on board. received 49 votes, and the Feingold- percent of the reduction in surplus over Ms. Bodley grew up in San Diego, CA. Conrad amendment received 59 votes. the coming decade results from last As a high school student, she visited And between the two amendments, 91 year’s tax cut. Two-fifths of our prob- local high schools to discuss HIV/AIDS Senators have voted for caps of one du- lem results from that tax cut. with her peers. She volunteered with ration or another. Now that the fiscal realities have the Special Olympics and a local ani- To paraphrase George Bernard Shaw, come home to roost, we should reevalu- mal shelter. Chris Schuck, her English we as a Senate have established that teacher at La Jolla Country Day ate future tax cuts. This is not to say we are for caps. We are just haggling that we should require anyone to pay over the price. School, recalls ‘‘Deora was always higher taxes than they do now. To con- I assert to my colleagues that caps at thinking big and going after big tribute mightily to our fiscal responsi- any level are better than no caps at all. game.’’ bility, we do not need to raise people’s We must have some restraint, or the At the time of her death, Ms. Bodley taxes higher than they pay now. If we Government will grow beyond any was studying psychology at Santa simply keep future, additional tax cuts limit. Clara University. She coordinated vol- that benefit the highest income brack- We need to strengthen our budget unteers in a literacy program for ele- ets from taking place, we would go a process, to get the Government out of mentary school students. Kathy long way toward balancing the budget. the business of using Social Security Almazol, principal at St. Clare Catho- According to Citizens for Tax Jus- surpluses to fund other Government lic Elementary, recalls Ms. Bodley had tice, if we simply froze tax rates for the spending. ‘‘a phenomenal ability to work with top 1 percent of the income scale, it That is a goal with a long and bipar- people, including the children she read would save almost half of the loss to tisan history. In his January 1998 State to, her peer volunteers, the school ad- the Treasury from the tax cut in future of the Union address, President Clinton ministrators and teachers. We have 68 years, once the tax cut is fully phased called on the Government to ‘‘save So- kids who had a personal association in. Citizens for Tax Justice estimates cial Security first.’’ with Deora.’’ that $477 billion of last year’s tax cut That is also what President George In the words of her mother, Deborah will go to the top 1 percent of the in- W. Bush said in a March 2001 radio ad- Borza, ‘‘Deora has always been about come scale. That’s an average tax cut dress, that we need to, in his words, peace.’’ At the tender age of 11 years, of $342,000 each for taxpayers in that ‘‘keep the promise of Social Security Deora wrote in her journal, ‘‘People category, over the decade to come. And and keep the Government from raiding ask who, what, where, when, why, how. while the well-off have received some the Social Security surplus.’’ I ask peace.’’ A warm and generous per- of those tax cuts already, as have most We should stop using Social Security son, Deora was a gifted student and a taxpayers, fully 80 percent of the tax surpluses to fund the rest of Govern- wonderful friend. Wherever she went, cuts for the top 1 percent are scheduled ment because it is the moral thing to her light shined brightly. to take effect in years after this year— do. For every dollar that we add to the Deora’s father, Derrill Bodley, of most after 2005. There is still time to Federal debt is another dollar that our Stockton, CA, feels her life was about correct this unbalanced tax cut, with- children must pay back in higher taxes ‘‘getting along’’ and sharing a message out raising anyone’s tax rates higher or fewer Government benefits. of peace. Her 11-year-old sister Murial than today’s. Our children’s generation will not recalls Deora taught her many things Additional discipline is needed not forgive us for our failure of fiscal re- and says, ‘‘Most of all she taught me to only on the tax side, but also on the sponsibility. History will not forgive be kind to other people and animals. I spending side. According to OMB’s new us, if we fail to act. cherish the memories of my sister and

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00051 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7868 CONGRESSIONAL RECORD — SENATE August 1, 2002 plan to work hard in school and in ev- munity and muscled through changes At the time of her tragic death, she erything I do so she can be proud of me to the laws. Such heavy-handedness was a dean’s list student at West Val- like I was of her.’’ undoubtedly sours the preelection envi- ley College in Saratoga, working part- None of us is untouched by the terror ronment, and raise suspicions and po- time and weighing whether to transfer of September 11, and many Californians litical tensions. to California State University at Chico were part of each tragic moment of The amendments to the laws are or San Jose State University. that tragic day. Some were trapped in equally troubling, particularly for the Nicole is survived by her mother, the World Trade Center Towers. Some ethnic-Albanian community whose re- Cathy M. Stefani; stepfather, Wayne were at work in the Pentagon. And the served seats in Parliament were re- Stefani, Sr.; father, David J. Miller; fates of some were sealed as they duced from five to four. The majority stepmother, Catherine M. Miller; and boarded planes bound for San Fran- coalition in Parliament empowered her siblings, Tiffney M. Miller, David cisco or Los Angeles. themselves to appoint members to na- S. Miller, Danielle L. Miller, Wayne I offer today this tribute to one of tional and local election commissions, Stefani Jr., Joshua R.D. Tenorio, and the 51 Californians who perished on permitting total and partisan control Anthony D. Tenorio. that awful morning. I want to assure over the electoral process. Further, None of us is untouched by the terror the family of Deora Bodley, and the changes to the laws prohibit of September 11, and many Californians families of all the victims, that their pollwatchers to question or challenge were part of each tragic moment of fathers and mothers, sons and daugh- officials on the conduct of the poll on that tragic day. Some were trapped in ters, aunts, uncles, brothers and sisters election day, and private media is the World Trade Center towers. Some will not be forgotten. banned from accepting paid advertising were at work in the Pentagon. And the fates of some were sealed as they f from political parties. Let me close by strongly encouraging boarded planes bound for San Fran- ELECTIONS IN MACEDONIA AND the State Department, along with the cisco or Los Angeles. MONTENEGRO OSCE, to take appropriate actions to I offer today this tribute to one of Mr. MCCONNELL. Mr. President, the ensure free and fair elections in Monte- the 51 Californians who perished on people of Macedonia and Montenegro negro. I will continue to closely follow that awful morning. I want to assure will participate in parliamentary elec- developments in that region, as well as the family of Deora Bodley, and the families of all the victims, that their tions-on September 15 and October 6, the reports and updates issued by the fathers and mothers, sons and daugh- respectively. Given recent history in International Republican Institute and ters, aunts, uncles, brothers and sisters that region, the successful conduct of the National Democratic Institute. will not be forgotten. these polls is in the security interests f of both the United States and all of Thank you. I yield the floor. southeastern Europe. IN MEMORIAM: NICOLE CAROL f Free and fair elections in Macedonia MILLER IN MEMORIAM: ROBERT B. could serve as the beginnings of a new Mrs. BOXER. Mr. President, I take PENNINGER chapter for that country. It was only this opportunity to share with the Sen- Mrs. BOXER. Mr. President, I would last year that ethnic grievances in ate the memory of one of my young like to take this opportunity to share Macedonia turned violent, resulting in constituents, Nicole Carol Miller, who with the Senate the memory of one of deaths, casualties, and thousands of in- lost her life on September 11, 2001. Ms. my constituents, Robert Penninger, ternally displaced persons and refu- Miller was a lovely 21-year-old college who lost his life on September 11, 2001. gees. While on the mend, successful student when the flight she was on, Mr. Penninger was 63 years old when elections could prove to be a critical United Airlines Flight 93, was hijacked the plane he was on, American Airlines milestone for both the people of Mac- by terrorists. As we all know, that Flight 77, was hijacked by terrorists. edonia and the international commu- plane crashed in a Pennsylvania field, As we all know, that plane crashed into nity. killing everyone on board. the Pentagon, killing everyone on A major challenge for the Govern- Nicole’s memory lives on in the board. ment of Macedonia and all political hearts of those she loved. She took Robert ‘‘Bob’’ Penninger grew up in parties is to earn the trust and con- great joy in life and exemplified this Chicago, IL. He earned a Bachelor of fidence of the electorate before the with her wonderful outlook and tena- Science degree in Electrical Engineer- first ballots are cast. Let me be clear: cious personality. Nicole’s radiant ing at Purdue University and received there is no room for election chicanery smile could light up a room and she en- a Masters Degree in Business Adminis- and violence. ergized those around her. She knew tration from Northeastern University. The Government of Macedonia should how to be an outstanding friend. After graduating from college, he mar- be aware that the Foreign Operations Nicole was blessed with two families. ried his wife Janet and they raised Subcommittee, on which I serve as Her father and stepmother, David and their daughter, Karen, in Massachu- ranking member, increased fiscal year Catherine Miller of Chico, California setts. At the time of his tragic death, 2003 funding provided to the Assistance and her mother and stepfather, Cathy Bob was working as an electrical engi- for Eastern Europe and Baltic States, and Wayne Stefani, Sr., of San Jose, neer for the defense contractor BAE SEED, account. The subcommittee has California. Systems in Rancho Bernardo, CA, and suggested that additional funds be pro- In her father’s words, ‘‘She had that was returning home from a business vided to Macedonia—over and above sweet baby quality. She could make trip on September 11. the administration’s request, but our you smile and forget your troubles for Mr. Penninger lived life to the fullest continued support will be gauged by a little bit.’’ Friend Heidi Barnes de- and is greatly missed by all who knew the successful conduct of the Sep- scribes Nicole as ‘‘very friendly and him. His wife, Janet, recalls, ‘‘Bob was tember polls. welcoming. She had a big heart and it always willing to help everyone he In Montenegro, I am troubled by Par- was open to everyone.’’ met. He was a great storyteller and he liament’s recent amendments to the She lived in San Jose, CA, with her always had a smile on his face and a election and public information laws, mother and stepfather, Cathy and cheery hello for all.’’ Mr. Penninger en- and the method by which these changes Wayne Stefani, Sr. She attended local joyed motorcycle trips with his wife were made. In the past, Parliament uti- schools and graduated from Pioneer and friends. He also loved taking his lized a process of consensus and agree- High School in 1998. A talented softball 1999 Electric Green Cobra Mustang con- ment when deliberating election-re- player during all four years of high vertible to car shows, where he won lated issues, which helped create a school, Nicole won a college softball many trophies. democratic and stable framework for scholarship during her senior year. Kit Young lived next door to contentious polls. Last month, the ma- Even though she had never been a com- Penninger for eight years and re- jority coalition in Parliament dis- petitive swimmer, she tried out for the marked, ‘‘Bob brought a lot of joy to regarded past practices and the tech- Pioneer High swim team as a freshman this neighborhood. He developed a spe- nical advice of the international com- and made the team. cial relationship with my 11-year-old

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00052 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 1, 2002 CONGRESSIONAL RECORD — SENATE S7869 grandson, Sean. He took my grandson cancer. Converted into U.S. dollars, ap- Whereas, Judge Smith’s membership in a to a car show in Los Angeles and they proximately 20 cents for each letter discriminatory club, his failure for ten were planning another outing. A lot of sent with the new semipostal will be years—in violation of governing ethical standards—to resign from the club despite people wouldn’t care anything about an used to fight breast cancer. In total, his commitment to do so during his district 11-year-old kid, but Bob did.’’ Italy expects to raise approximately court confirmation hearing, and the con- None of us is untouched by the terror $2.5 million dollars for breast cancer tradictory explanations he has offered for his of September 11, and many Californians research, education, screening and actions all raise serious issues about Smith’s were part of each tragic moment of treatment programs throughout the judgment, willingness to follow rules, and that tragic day. Some were trapped in country. candor; and the World Trade Center towers. Some Italy’s new semipostal stamp, which Whereas, Ethical questions have been raised regarding a highly publicized bank were at work in the Pentagon. And the will be available through 2003, com- fraud case involving millions of dollars of fates of some were sealed as they memorates the 50th anniversary of the public school money. Judge Smith continued boarded planes bound for San Fran- death of Queen Elena di Savoia, whose to preside over and issue orders in the case, cisco or Los Angeles. philanthropic efforts included funding even though the fraud claims implicated a I offer today this tribute to one of the first cancer center in Italy. Ap- bank at which his wife was an employee and the 51 Californians who perished on proximately 12.5 million stamps will be in which he had substantial financial inter- that awful morning. I want to assure produced. ests. Several years later, he took on a re- the family of Robert Penninger, and I am pleased that lessons we have lated case, recusing himself only after he the families of all the victims, that was requested to do so by one of the attor- learned from the launch of the U.S. neys in the case, revealing only his wife’s in- their fathers and mothers, sons and breast cancer stamp are being applied volvement and not his own financial inter- daughters, aunts, uncles, brothers and in Italy. I would especially like to com- est. On March 14, 2002, after reviewing the sisters will not be forgotten. mend the Susan G. Komen Breast Can- facts and the arguments by Smith and his f cer Foundation for its efforts to make defenders, noted legal ethics professor Mon- the Italian stamp the success that it is roe Freedman wrote to the Senate Judiciary ITALIAN BREAST CANCER SEMI- here in the United States. In the words Committee that Smith committed ‘‘repeated POSTAL STAMP of Nancy Macgregor, the Komen Foun- and egregious violations of judicial ethics’’ and that Smith had been ‘‘disingenuous be- Mrs. FEINSTEIN. Mr. President, just dation’s International Director: over four years ago, the U.S. Postal fore this Committee in defending his uneth- ‘‘Breast cancer knows no boundaries, ical conduct.’’ Professor Freedman con- Service began issuing semipostal and Italy is no exception.’’ cluded that as a result, Smith is ‘‘not fit to stamps to raise money for breast can- I wish Italy the same success with its serve as a Federal Circuit Judge’’; and cer research. The breast cancer re- semipostal that we continue to enjoy Whereas, Since his appointment in 1989, search stamp is the first postal stamp here in the United States. Working to- Judge Smith has been reversed by the court in our Nation’s history to raise funds gether and building on each other’s of appeals to which he has been nominated 51 times. This is a larger number of reversals for a special cause. Since its inception successes, we increase our strength in in the summer of 1998, the program has than any of the judges approved and rejected the battle against breast cancer. by the Senate Judiciary Committee during raised over $27.2 million for research. f this Congress for appellate court posts, in- The stamp is just as strong today as cluding Judge Charles Pickering. More im- it was 4 years ago when Congress NOMINATION OF D. BROOKS SMITH portant than the number of these reversals, passed legislation I introduced based Mr. LEAHY. Mr. President, I ask however, is their nature. Many of these re- on a creative idea of my constituent, unanimous consent that following my versals concern civil and individual rights, and reflect a disturbing lack of sensitivity Dr. Ernie Bodai, and the hard efforts of statement on July 30, 2002, on the nom- others, including Betsy Mullen of the towards such rights and a failure to follow ination of D. Brooks Smith, located on clearly established rules of law and appellate Women’s Information Network Against pages S7553–S7558, that three letters be Breast Cancer and the Susan G. Komen court decisions; and printed in the RECORD. The letters are: Whereas, A number of Smith’s reversals Foundation. resolution from the City Council of have concerned discrimination or other The price of a breast cancer research Philadelphia; Monroe Freedman, Pro- claims by employees. For example, in Wicker stamp recently increased to keep pace fessor of Legal Ethics, Hofstra Univer- v. Consolidated Rail Corp., 142 F.3d 690 (3rd Cir.), cert. denied, 525 U.S. 1012 (1998), the with the cost of first class mail, ensur- sity and; Stephen Gillers, Vice Dean ing that breast cancer research will court of appeals unanimously reversed and Professor of Law, New York Uni- Smith’s decision to dismiss a suit by Conrail continue to reap the benefits of the versity. stamp’s success. employees who claimed that years of on-the- There being no objection, the letters job exposure to toxic chemicals was making It has also focused public awareness was ordered to be printed in the them sick. Smith had concluded that their on a devastating disease and provided a RECORD, as follows: lawsuit was barred because they had signed a symbol of hope and strength to breast waiver as part of a settlement of unrelated RESOLUTION cancer survivors, their loved ones, and injury claims against the railroad. The ap- others who care about eradicating Whereas, The nomination of Pennsylvania pellate court ruled that Smith’s ruling was breast cancer as a life-threatening dis- district court Judge D. Brooks Smith to the contrary to the Supreme Court’s interpreta- Third Circuit Court of Appeals in Philadel- tion of federal law; and ease. phia was voted out of the U.S. Senate Judici- I am pleased to announce today that Whereas, The Third Circuit unanimously ary Committee on May 23, 2002 by a 12–7; and reversed Smith’s decision in Ackerman v. the concept of a semipostal breast can- Whereas, Judge Smith’s nomination is op- Warnaco, 55 F.3d 117 (3rd Cir. 1995), in which cer research stamp has now spread posed by a wide range of public interest orga- he upheld a company’s unilateral denial of across international borders. The coun- nizations. Among the organizations that severance benefits to more than 150 employ- try of Italy recently has followed the have formally expressed opposition to ees after they were laid off; and United States lead and is issuing a Smith’s appeals court nomination are People Whereas, In Colgan v. Fisher Scientific Co., semipostal stamp for breast cancer re- For the American Way, Leadership Con- 935 F.2d 1407 (3rd Cir.), cert. denied, 502 U.S. ference on Civil Rights, NAACP, Alliance for search. 941 (1991), the appellate court unanimously Justice, National Organization for Women, reversed Smith for granting summary judg- Breast cancer is not just an Amer- Community Rights Council, National Wom- ment against an age discrimination claim as ican problem, but it is also a global en’s Law Center, NARAL, Earthjustice, ADA untimely by ruling that the statute of limi- problem. Approximately 250,000 new Watch Action Fund, National Partnership tations began to run not when the employee cases of breast cancer are diagnosed for Women & Families, Planned Parenthood, was terminated, but instead when he simply annually in the European Union. Each Defenders of Wildlife, National Employment received a negative performance review; and year, in Italy alone, more than 30,000 Law Association, Committee for Judicial Whereas, In Schafer v. Board of Public women are diagnosed with breast can- Independence, NOW Legal Defense and Edu- Educ. of the School Dist. of Pittsburgh, Pa., cer and 11,000 die of this disease. cation Fund, Disability Rights and Edu- 903 F.2d 243, 250 (3rd Cir. 1990), the Third Cir- cation Defense Fund, Feminist Majority, cuit unanimously reversed Smith for dis- Modeled after the U.S. version, the Friends of the Earth, Bazelon Center for missing a claim that a school district’s fam- Italian stamp is priced above the value Mental Health Law, National Disabled Stu- ily leave policy improperly allowed only of a first class letter with proceeds dents Union, and the National Council of women, not men, to take unpaid leave for dedicated to the battle against breast Jewish Women; and ‘‘childbearing’’ as well as childbirth. Based

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on such decisions, the National Employment NEW YORK UNIVERSITY, stone Financial, Inc., its holding company Lawyers Association has opposed Smith’s SCHOOL OF LAW, (hereafter, collectively ‘‘Mid-State’’), not confirmation, explaining that his record dis- New York, NY, May 17, 2002. later than October 27, 1997. Having failed to plays ‘‘an attitude inimical to employee and Hon. RUSSELL D. FEINGOLD, do so, he should have made this disclosure on individual civil rights’’; and U.S. Senate, October 31, when he did recuse himself. Fail- Washington, DC. ing to do so then, he should have done so as Whereas, In other reversals involving indi- DEAR SENATOR FEINGOLD: I am replying to soon as he knew of Mid-State’s financial ex- viduals or other plaintiffs against govern- your May 9, 2002 request for my views on posure for Black’s frauds so that counsel ment or corporations, the Third Circuit has three issues surrounding the nomination of could, if advised, seek to vacate Judge specifically criticized Smith for abusing his Federal District Judge D. Brooks Smith to a Smith’s rulings based on a violation of the discretion or failing to follow the law. For seat on the United States Court of Appeals judicial disqualification statute. Whether example, in Urrutia v. Harrisburg County for the Third Circuit. I assume familiarity Judge Smith should have recused himself on Police Dept., 91 F.3d 451, 456–457 (3rd Cir. with your letter and with the facts, many of October 27 given what he says he knew at the 1996), the appellate court found that Smith which have been discussed in testimony and time is a more difficult question, which I ad- had ‘‘abused his discretion’’ in refusing to correspondence the Committee has received. dress below. However, I conclude that Judge allow a prisoner to amend a complaint con- I do not know Judge Smith and have no in- Smith should have recused himself on Octo- tending that he had been repeatedly stabbed terest one way or the other in whether Judge ber 27 based on what he could have known while handcuffed and in the custody of police Smith is confirmed. I take my facts mainly and should have discovered on that day. officers who looked on while failing to take from Judge Smith’s testimony or his written Judge Smith should have recused himself any action; and submissions and partly from other materials form United States v. Smith as soon as it you have sent me and which I cite below. Whereas, In Metzgar v. Playskool, 30 F.3d was assigned to him. The facts do not seem to be in dispute. THE SPRUCE CREEK ROD AND GUN CLUB 459, 462 (3rd Cir. 1994), three Reagan ap- Briefly, my qualifications for giving my pointees reversed Smith for dismissing a opinion on your questions are: I am vice- Judge Smith promised more than he had to claim involving death by asphyxiation of a dean and professor of law at New York Uni- at his 1988 confirmation hearings. The Code 15-month-old child who had choked on a toy, versity School of Law, where I have taught of Conduct for United States Judges did not noting that they were ‘‘troubled by the dis- since 1978. Regulation of Lawyers (‘‘legal then forbid membership in purely private trict court’s summary judgment disposition’’ ethics’’) is my primary area of teaching and clubs that had no business or professional of his parents’ claims; and research and writing. I have taught this purpose. Although the Code was thereafter Whereas, In In re Chambers Development course for a quarter century here and as a strengthened, following on amendments to Company, 148 F.3d 214, 223–225 (3rd Cir. 1998), visitor at other law schools. I have a leading the ABA Model Code of Judicial Conduct in 1992, even as strengthen the Code does not concerning a claim against a county utility casebook in the area, first published in 1984 forbid membership in Spruce Creek. This as- authority, the Third Circuit took the ex- and now in its 6th edition. Legal ethics in- sumes, however, that the club has no busi- traordinary step of issuing a writ of man- cludes the ethical responsibilities of judges ness or professional purpose or function. Of damus—an unusual direct command to a and a chapter of my book is devoted to those course, the opportunity for club members to judge to rule a certain way—against Judge issues. I have published in the area in law meet in informal, social situations, to get to Smith, who had ‘‘ignored both the letter and journals and written extensively on the subject for the popular and legal press. I speak know each other in that way, can itself be spirit of our mandate’’ in a prior ruling in seen as professionally or commercially ad- the case. As the court of appeals explained, widely on legal ethics before bar groups, at judicial conferences, at law firms, and at vantageous, but that alone does not make this was a ‘‘drastic remedy’’ that is utilized the club’s discrimination ‘‘invidious.’’ Defin- only ‘‘in response to an act amounting to a corporate law departments. In summary, my conclusions are: ing the line between clubs that may exclude judicial usurpation of power’’; and A. If Spruce Creek Red and Gun Club is in women (or men, for that matter) and those Whereas, Judge Smith has also been criti- fact a purely social club, and not a venue in that may not because they have a business cized for rulings not later reversed on appeal. which business or professional interests are or professional dimension is not always easy. For example, the Washington Post expressed pursued, then Canon 2(C) of the Code of Con- But there is a line and it is rooted in con- concern about his decision in United States duct for United States Judges would not for- stitutional jurisprudence. v. Commonwealth of Pennsylvania, 902 F. bid a federal judge to be a member of the I am assuming that club members sponsor Supp. 565 (W.D. Pa. 1995), aff’d, 96 F.3d 1436 club. On this assumption, the answers to the no events or meetings that could be charac- (3rd Cir. 1996), in which the federal govern- first two questions under Part A of your let- terized as business-related or profession-re- ment had sued the state over allegedly sub- ter are ‘‘yes’’ (the club is exempt from the lated. If my assumptions are wrong, how- standard conditions in a facility for persons prohibition against membership in an orga- ever, if the club is not strictly social, then with mental disabilities. As the Post put it, nization that invidiously discriminates) and my conclusion will change. I understand that although ‘‘care was, in Judge Smith’s words, ‘‘no’’ (Judge Smith did not violate the Code the Committee has received information ‘frequently not optimal’—maggots were by maintaining membership for 11 years). My that the club did allow its members to host found in one resident’s ear, ants on others’ answer to your third question is that Judge business or professional meetings. If it did, it bodies—the judge found these to be ‘isolated Smith had no obligation to seek an opinion would not be purely private as I have been incidents’ ’’ and concluded there was no con- from the Advisory Committee on the pro- using that term, and its discrimination stitutional violation. In another case, Quirin priety of his membership in the club. Judge against membership for women would then v. City of Pittsburgh, 801 F. Supp. 1486 (W.D. Smith had the responsibility to make sure be ‘‘invidious’’ within the meaning of the Pa. 1992), the National Employment Lawyers that the club was and remained a purely so- Code’s prohibition. This would be true even Association (NELA) found that Smith had cial club and that his membership was there- if women were allowed to attend some or all business or professional meetings hosted by improperly applied the ‘‘aggressive’’ stand- fore allowed. B. A federal judge who is invited to a pri- the club’s male members. Since the pro- ard of ‘‘strict scrutiny,’’ which is reserved vately funded judicial education seminar, priety of Judge Smith’s membership de- for claims of racial, ethnic, and religious dis- with expenses paid, has on obligation to pended on the club maintaining a purely so- crimination, to strike down an affirmative identify the source of funding to ensure that cial purpose, he had the responsibility of as- action policy designed to remedy past dis- acceptance of the gift is proper. This duty is suming that it has and retained this status. crimination against women. As NELA con- not eliminated because the sponsor of the Judge Smith suggests that he reexamined cluded, such rulings ‘‘show a disturbing pat- seminar is a law school or other educational his obligations under the Code of Conduct in tern of disregard and hostility for the rights institution that would not itself require the 1992, when it was revised, and concluded that of minorities and protected classes,’’ now judge to refuse the invitation. Funding for his 1988 promise obligated him to do more therefore, the seminar may come from a person or enti- than the Code required him to do. As I wrote, Be it resolved by the City Council of Philadel- ty whose generosity the judge should not ac- the post 1988 amendments actually strength- phia, That we hereby strongly urge the cept but whose contribution does not appear ened the prohibition against membership in United States Senate to reject the nomina- on the face of the invitation. Consequently, discriminatory clubs, but even as strength- tion of Judge D. Brooks Smith to the Third Judge Smith should have inquired of the ened, Spruce Creek does not, on the assump- Circuit Court of Appeals. sponsor of private judicial seminars he at- tions made, qualify as a club that ‘‘practices invidious discrimination on the basis of . . . Further Resolved, That we hereby urge tended to learn the source of funding and es- sex’’ within the meaning of Canon 2(C). Pennsylvania Senators Specter and tablish that there was no impropriety in ac- Two other comments on this issue: First, Santorum to withdraw their support for the cepting the invitation under the circumstances. while Judge Smith could have asked the Ad- confirmation of Judge D. Brooks Smith to C. Your third inquiry, concerning the tim- visory Committee to give him an opinion on the Third Circuit Court of Appeals. ing of Judge Smith’s recusal decisions in whether the club’s discriminatory policy was Be it further resolved, That a copy of this SEC v. Black and U.S. v. Black, is quite com- ‘‘invidious,’’ I know of no rule imposing a resolution be sent to all members of the plicated. In sum, I conclude that Judge duty to do so. Second, I realize that Judge United States Senate as evidence of the Smith should have revealed his and his wife’s Smith made a promise to the Committee in grave concern by this legislative body. investment in Mid-State Bank or in Key- 1988 and then seems to have concluded that

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00054 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 1, 2002 CONGRESSIONAL RECORD — SENATE S7871 he had promised more than the Code re- understand that Judge Smith’s financial dis- at 3. Judge Smith did not then reveal the quired. Whether and to what extent the Com- closure form In 1997 revealed between $100,000 Smiths’ financial interest in Mid-State or mittee should be influenced by Judge and $250,000 in stock in Keystone. The form Keystone. Smith’s failure to keep his promise notwith- also indicated that his wife had a 401(k) ac- The information Judge Smith knew on Oc- standing this later conclusion, or by the count with Mid-state, where she was an offi- tober 27 required him to reveal his family’s Judge’s failure to inform the Committee cer. Her account ranged between $100,000 and financial interest before ruling on the appli- that he did not intend to keep his promise $250,000, but Judge Smith’s financial disclo- cations before him. So far as the Trustee and because of this conclusion, is not properly a sure form did not say where the money was his counsel knew, the only basis for recusal question for me. invested. In answers to recent questions you was Mrs. Smith’s employment in an ‘‘unre- JUDICIAL EDUCATION SEMINARS posed (question 14), Judge Smith wrote: ‘‘At lated division’’ of the bank. That is all they As you know, expense-paid seminars for the time in question [October 1997], my wife were told. Understandably, they did not see judges has been a challenging issue. The gap and I held stock in Mid-state and she was that as a fact that required recusal or fur- between judges’ reactions to criticism of employed by the company.’’ So now we do ther discussion. (More on this below.) But these events and the perspectives of the crit- know that Mrs. Smith also held stock in had Judge Smith revealed the Smiths’ finan- ics does not seem to be shrinking. Many Mid-State, but we don’t know how much. As cial interests in Mid-State on October 27, judges are annoyed that anyone would think a result, we do know the amount of the then the Trustee and his counsel, and coun- they would compromise their objectivity be- Smiths’ joint holdings in Mid-State or Key- sel for the school districts seeking to cause of an invitation (or many invitations) stone in October 1997 and thereafter or what unfreeze money held by Black in non-Mid- to a privately funded judicial seminar. Crit- percentage of their wealth it represented. State banks, would have been able to provide ics, on the other hand, argue that only cer- Anoter basis for a possible conflict in the the Judge with information (already in the tain groups of litigants have the wherewithal Black matters was the fact that Mrs. Smith press) about Mid-State’s and Keystone’s po- to support these seminars and that it dimin- was an officer in Mid-State. However, Judge tential future liability for Black’s frauds. ishes the appearance of justice when judges Smith recently responded to your written Then, the footnote in the exhibit to the ex- attend them at luxury resorts to hear pro- quesiton1 7 by stating that his wife ‘‘was a hibit in the papers before Judge Smith could grams designed by those who can afford to corporate loan officer for Mid-state, a posi- have surfaced and its import explained. sponsor them. Unfortunately, we have little tion far removed from those parts of the Then, too, the public discussion about the in the way of guidance, mainly Opinion 67 of bank that had dealings with John Gardner possibility of legal action against Mid-State the Advisory Committee and several judicial Black.’’ could have surfaced. The Trustee and counsel opinions, including Judge Winter’s opinion In this answer,I will assume that the would then have had reason to be more ex- in In re Aguinda, 241 F.3d 194 (2d Cir. 2001). Smiths had a substantial financial interest pansive about their statement in chambers Judge Winter wrote: ‘‘[A]ccepting something in Mid-State or Keystone or both (it was be- that ‘‘Mid-State Bank’s involvement in the of value from an organization whose exist- tween $100,000 and $500,000) and that that in- case [may change] from that of merely a de- ence is arguably dependent upon a party to terest represented a signficant portion of pository of funds.’’ litigation or counsel to a party might well their wealth. No submission offered by or on In fact, had Judge Smith revealed not cause a reasonable observer to life the pro- behalf of Judge Smith has asserted otherwise merely his wife’s employment in an ‘‘unre- verbial eyebrow.... Judges should be wary and the record we have supports this conclu- lated division’’ of the bank on October 27, of attending presentations involving litiga- sion. but also his family’s substantial financial in- tion that is before them or likely to come be- a. October 27, 1997 vestment in the bank, it would have been in- fore them without at the very least assuring I want now to focus on October 27, 1997 and cumbent on counsel to reveal all they knew themselves that parties or counsel to the the weeks immediately preceding: about the bank’s legal exposure and to ex- litigation are not funding or controlling the On October 24, ‘‘all investment funds were plore with the Judge whether what they presentation.’’ Judge Winter cites In re removed from Mid-State Bank’’ by the knew, but did not see any need to elaborate, School Asbestos Litigation, 977 F.2d 764 (3d Trustee. Letter of Mark A. Rush, 2/22/02, at 2, and what Judge Smith knew, but did not re- Cir. 1992), another leading case from Judge Judge Smith knew this because the fact is veal, required recusal under Section 455(b)(4), Smith’s Circuit. the judge there was dis- recited in an order he issued October 27. Let- which disqualifies a judge if the judge or the qualified after attending a conference with- ter of Douglas A. Kendall, 2/20/02, at 5. judge’s spouse has ‘‘any . . . interest that out ascertaining the source of funding for it. In the chambers conference with the Trust- could be substantially affected by the out- The source made the judge’s attendance im- ee and his counsel on October 27, Judge come of the proceeding.’’ Based on what par- proper. Smith was told ‘‘that information, although ties collectively knew at the time, this ex- The authorities agree that before attend- in its very early developmental phases, was ploration should have led to Judge Smith’s ing an expense-paid judicial seminar, a judge being uncovered which may change Mid- recusal on October 27, before he ruled on the should learn who is picking up the tab for State-Bank’s involvement in the case from school districts’ effort to unfreeze non-Mid- the judge’s travel and housing. This indeed is that of merely a depository of funds.’’ He State accounts in Black’s control (totalling what Opinion 67 says: ‘‘It would be improper was advised ‘‘of only a developing but not about $175 million). Once Judge Smith to participate in such a seminar if the spon- confirmed suspicion by the Trustee that Mid- learned of the probable lawsuits against Mid- sor, or source of funding, is involved in liti- State Bank’s role may be more than a depos- State, he would have had to step out of the gation, or likely to be so involved, and the itory.’’ Rust letter at 2, 3. case. By failing to reveal his family’s finan- topics covered in the seminar are likely to In September and October, the press in cial interest, however, Judge Smith effec- be in some manner related to the subject Pennsylvania reported the possibility that tively prevented the entire inquiry and led matter of litigation. If there is a reasonable defrauded school districts would sue Mid- to a ruling he was disqualified from making question concerning the propriety of partici- state. Kendall letters, 5/10/02, at 4 and exhib- because a bank in which his family had a pation, the judge should take measures as its. Certainly, the possibility of bank liabil- substantial investment had an interest in may be necessary to satisfy himself or her- ity, or at least exposure to litigation, would the ruling, as discussed further below. self that there is no impropriety. To the ex- have been apparent to any lawyer. Suits Although I focused above on the particular tent that this involves obtaining further in- were in fact filed, starting as early as Octo- ruling Judge Smith made on October 27, that formation from the sponsors of the seminar, ber 31, 1997. Id at 4. The suit was reported in ruling is incidental to a more imposing fact. the judge should make clear an intent to the press the next day. Id. Even if there were no application for a ruling make the information public if any question Papers before Judge-Smith suggested that on October 27, Judge Smith should still have should arise concerning the propriety of the the bank prepared reports to the school dis- recused himself based on information that he judge’s attention.’’ tricts showing the market value of their ac- could and should have discovered on that Obviously, there would be room for much count at $157 million, while reporting to date. That information revealed the enor- mischief if a judge invited to an expense-paid Black that the market value of these ac- mity of Mid-State’s potential liability. As judicial seminar could rely on the non-profit counts was only $86 million. This informa- stated above, and as reported in the press in nature of an apparently neutral sponsor to tion was in a footnote that was in an exhibit October, Mid-State’s own documents showed immunize the judge’s attendance. Judge to an exhibit in the papers before Judge a potential shortfall of $71 million in school Smith is therefore wrong in his assumption, Smith, who apparently did not recognize its district funds that Black had deposited with in reply to your follow-up question 6a, when significance or did not see it. Reply to your Mid-State. So I want to stress that it was he wrote that because ‘‘George Mason’s spon- follow-up question 8. However, the discrep- this exposure, and not alone the ruling Judge sorship of LEC was apparent from the face of ancy was reported in the local press on Octo- Smith was asked to make on October 27, that the materials I received regarding the semi- ber 31. Id. at 3. required recusal by that date if not sooner. nars, I conclude that no further inquiry into In the October 27 chambers conference, In short, Judge Smith should not have been sources of funding was required.’’ If was re- Judge Smith told the Trustee and his coun- sitting in a matter when, as he could have quired. sel ‘‘of his wife’s employment in an unre- and should have known, a bank in which he SEC V. BLACK lated division of Mid-State Bank.’’ And the had a substantial investment faced financial Conflicts in the Black cases arise from the Judge ‘‘indicated an intention to consider liability in tens of millions of dollars. As we fact that the Smiths owned stock in Mid- recusing himself based on the potential for a now know, Keystone eventually paid $51 mil- State or Keystone. How much is uncertain. I future appearance of a conflict.’’ Rush letter lion to settle depositor claims.

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00055 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7872 CONGRESSIONAL RECORD — SENATE August 1, 2002 b. October 31, 1997 be exposed to financial liability. At that the school district funds from the bank and On October 31, Judge Smith recused him- point, at least, Judge Smith should have replaced it in another institution; self citing only his wife’s employment. He vealed the Smith’s financial investment in (6) on October 27 Judge Smith made a rul- has explained to the Committee that he did Mid-State. While it is true that Judge Smith ing that an objective observer could view as so because he foresaw the possibility that no longer had jurisdiction over SEC v. Black beneficial to Mid-State by keeping frozen the bank might be a source of evidence in after October 31, he did not need jurisdiction monies that might be available to com- the case. Letter of 2/25/02, at 2. As stated, to make financial information known. So pensate school districts that had accounts in Judge Smith has acknowledged that his wife even assuming Judge Smith did not realize Mid-State; was in a ‘‘position far removed from those the bank’s financial exposure as of October (7) despite the information available to parts of the bank that had any dealing with 31, which I do assume, and even assuming him on October 27, Judge Smith made no ef- John Gardner Black.’’ It is hard to under- (which I do not) that he had no duty even to fort to conduct a further inquiry of counsel stand why Mrs. Smith’s position caused explore the possibility of the bank’s finan- into the possible financial exposure of Mid- Judge Smith to recuse himself, even assum- cial exposure with counsel on October 27, State or reveal his family’s investment in ing that Mid-State officials might be deposed Judge Smith should nevertheless have re- Mid-State. The upshot of this is that even if we as- or that Mid-State might be the source of vealed his family’s financial interest in the sume that as of October 31 Judge Smith documents. At this point Judge Smith be- bank once its potential civil liability became thought of Mid-State as merely a depository lieved that the bank was merely a ‘‘deposi- evident, as it did soon after October 31. whose personnel might be witnesses, none- tory.’’ If that were all it was, it should make Those appealing Judge Smith’s order theless, in retrospect, Judge Smith should no difference that officers or employees, would have benefited from knowledge of the facts and amounts of the Smiths’ Mid-State have realized from the facts itemized above from a part of the bank ‘‘unrelated’’ to the that his conduct threatened confidence in one in which his wife worked, might be de- investment because that investment meant Judge Smith should not have ruled on any the impartiality of the courts and that he posed or that the bank might be a source of had to take steps to correct that, Liljeberg, issue that could affect Mid-State’s financial documents. In fact, Judge Smith does not ap- quoting the lower court’s opinion, states: exposure. The effort to unfreeze the non-Mid- pear to believe that he even had to recuse for ‘‘The goal of Section 455(a) is to avoid even State money is such an issue because the this reason. In his answer to your question the appearance of partiality. If it would ap- more money available from other sources to 13, he wrote that he had no ‘‘legal obliga- pear to a reasonable person that a judge has compensate school districts with Mid-State tion’’ to recuse when he did, but did so ‘‘out knowledge of facts that would give him an accounts, the smaller would be Mid-State’s of an abundance of caution.’’ (See also the interest in the litigation then an appearance exposure. In other words, if money in non- answer to your question 14.) Judge Smith ac- of partiality is created even though no ac- Mid-State banks could be used to com- knowledges in his answer to question 18 that tual partiality exists because the judge does pensate districts whose funds were in Mid- there was a possibility that his wife might not recall the facts, because the judge actu- herself be a witness. By failing to reveal the State accounts, Mid-State could be bene- ally has no interest in the case or because Smiths’ investments on October 31, Judge fited. So could the Smiths as substantial in- the Judge is pure in heart and incorruptible. Smith denied the litigants information that vestors. The judge’s forgetfulness, however, is not the In Liljeberg, supra, Judge Collins ruled in they could have used to overturn on October sort of objectively ascertainable fact that a case even though at the time, he was a fi- 31, Judge Smith denied the litigants infor- can avoid the appearance of partiality. duciary of a non-party (Loyola) that stood to mation that they could have used to over- Under section 455(a), therefore, recusal is regain financially from the ruling. At the time turn his October 27 ruling refusing to quired even when a judge lacks actual he ruled, he did not know of Loyola’s inter- unfreeze half the money (about $77 million) knowledge of the facts indicating his inter- that Black maintained in non-Mid-State ac- est in the matter, although he previously est or bias in the case if a reasonable person, counts. knew of it and learned of it again later. The knowing all the circumstances, would expect A ruling by a judge who should have been Court agreed that Judge Collins could not that the judge would have actual knowl- disqualified may be vacated. This is true have recused himself when he lacked knowledge.’’ Id. at 860 (internal citations omitted). even if the judge, when ruling, was unaware edge of the disqualifying fact. A ‘‘judge could See also In re School Asbestos Litigation, 977 of the basis for the disqualification. never be expected to disqualify himself based F.2d at 784, quoting some of the same lan- Liljeberg v. Health Services Acquisition on some fact that he does not know, even guage from Liljeberg. It is hard to fathom Corp., 486 U.s. 847 (1988) Judge Smith’s rul- though the fact is one that perhaps he should Judge Smith’s silence after October 31 even ings in SEC v. Black, and in particular his know or one that people might reasonably if one accepts his explanations for his con- ruling on October 27 refusing to unfreeze all suspect that he does know.’’ 486 U.S. at 860. duct until that time. The Court then went on to hold that ‘‘[n]o of the non-Mid-State funds in Black’s con- UNITED STATES V. BLACK trol, could have been challenged based on the one questions that Judge Collins could have This brings me to United States v. Black, Smiths’ financial interest. However, because disqualified himself and vacated his judg- the criminal case against Mr. Black, as- Judge Smith did not reveal the Smiths’ fi- ment when he finally realized that Loyola signed to Judge Smith in 1999, when Mid- nancial interest in Mid-State on October 27, had an interest in the litigation.’’ Id. at 861. Doing so might ‘‘promote confidence in the State’s financial exposure was apparent. or on October 31 when the Judge did recuse Judge Smith kept the case for five months, judiciary by avoiding even the appearance of himself, or thereafter, parties to the pro- until a motion to recuse him was made and impropriety whenever possible.’’ Id. at 865. ceedings before him, including the school granted. Again judge Smith cited his wife’s Judge Collins ‘‘silence,’’ once he recalled districts that sought to unfreeze all of their employment as the basis for granting the Loyola’s interest, ‘‘deprived respondent of non-Mid-State funds, could not use this in- motion. I don’t understand why, if an ‘‘abun- the basis for making a timely motion for a terest as a basis for vacating the Judge’s rul- dance of caution’’ caused Judge Smith to new trial and also deprived it of an issue on ings. While it is true that a judge may recuse recuse himself sua sponte in SEC v. Black without giving any reason, where there are direct appeal.’’ Id. at 867. So, too, here. Judge Smith no longer had jurisdiction of because of the prospect of testimony from reasons for recusal that could retroactively bank personnel, or because the bank might the case after October 31, and therefore could affect the legitimacy of orders already en- be a source of documents, he did not recuse not recuse himself or vacate his orders, as tered, the judge must reveal that informa- in United States v. Black immediately. Be the Supreme Court ruled Judge Collins could tion so that the parties can determine that as it may, for other reasons Judge have done. But once he learned of the bank’s whether to challenge the judge’s orders on Smith should never have accepted United exposure, Judge Smith could have taken the this basis. Id. at 867. The fact that a judge States v. Black. First, Third Circuit prece- lesser step of informing counsel of his fam- might not believe that a particular fact dent directly on point prohibited Judge ily’s financial interests in the bank. He would suffice to warrant recusal, or to war- Smith from accepting the case. ‘‘We adopt should have done this because he should have rant an order vacating a ruling, is not a jus- the view that a judge who owns a substantial realized that the following facts, once pub- tification for failing to make the disclosure. interest in the victim of a crime must dis- licly known, would undermine confidence in A judge should not, through silence, be the qualify himself or herself in the subsequent the judiciary and create the appearance of ultimate arbiter of his or her own disquali- criminal proceeding because the strict over- impropriety. These facts are: fication. If a fact could reasonably support arching standard imposed by § 455(a) requires disqualification or an effort to overturn a (1) Judge Smith was told on October 27 that the bank may be more than a mere de- that the appearance of impartiality be main- ruling, as is true here, that fact should be retained.’’ United States v. Nobel, 696 F.2d at vealed so that counsel may argue it or bring pository: (2) papers before Judge Smith on October 231, 235 (3rd Circuit 1982). This is a holding of it to the attention of another judge or an ap- the case and cannot be more explicit. The pellate court. Id. 27 showed a substantial discrepancy between what the bank was telling depositors and court went on to conclude that on the par- c. Events after October 31, 1997 what the bank was telling Black; ticular facts disqualification had been Even if Judge Smith continued to believe (3) the press in Pennsylvania was reporting waived under § 455(e). But the court would on October 31 that the bank’s role was solely on the prospect of lawsuits against the bank; not have had to consider waiver unless it had as a prospective witness in its capacity as (4) the Smiths had a substantial financial first found that the judge, as an investor in depository, it shortly thereafter became ap- interest in the bank: the defrauded institution (‘‘INA’’), was dis- parent, when lawsuits were filed, that this (5) three days prior to October 27, as Judge qualified from sitting in judgment of the was not so, and that in fact the bank would Smith knew, the Trustee had removed all of man accused of defrauding that institution.

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00056 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 1, 2002 CONGRESSIONAL RECORD — SENATE S7873 The facts here are even stronger than the For the reasons given above, Judge Smith not practice ‘invidious’ sex discrimination facts in Nobel. Nobel also held that § 455(a) should never have accepted United States v. because it does ‘not provide business or pro- would have required disqualification of the Black. Rulings in that case have affected the fessional opportunities to members.’’ Frank- trial judge even though ‘‘by the time of the amounts of money Mid-State would eventu- ly, I have difficult with the notion that im- criminal trial a settlement had been effected ally have to pay and therefore the value of portant business and professional contacts which called for defendant to repay INA for the Smiths’ investment. Even if they could are not made at a club where business and substantially all of the funds which defend- not, Circuit precedent required his recusal. professional men interact and bond with ant received as a result of the fraud.’’ Id. at I hope I have answered your questions. each other and with important political fig- 234. Since INA had recovered its lost money Please don’t hesitate to ask if I can be of fur- ures and judges. Moreover, I was troubled in Nobel, no ruling in that case could have ther assistance. that this exception for the Masons—as stated affected the size of the investing judge’s loss. Sincerely, Professor Rotunda—would effectively swal- Not so here. Mid-State was either the victim STEPHEN GILLERS, low up the rule against discrimination on of Black’s misconduct or civilly liable for fa- Vice Dean. grounds of sex. Nevertheless, for purposes of cilitating it (or perhaps both). In either forming an opinion about Judge Smith’s event, unlike INA, it stood to lose or have to HOFSTRA UNIVERSITY, compliance with the Code of Judicial Con- pay a lot of money (as in the end it did) in SCHOOL OF LAW, duct, I accepted Professor Rotunda’s rep- part as a result of Black’s acts. Obviously, it Hempstead, NY, May 21, 2002. resentation that such a distinction has been was in the bank’s interest to minimize the Re nomination of Judge D. Brooks Smith. made in the Compendium of Opinions. amount it would lose or have to pay, and in However, the full summary of the opinion Hon. RUSSELL D. FEINGOLD, regarding the Masons in § 2.14(b) of the Com- furtherance of that goal it would want to Committee on the Judiciary, Hart Senate Office shift as much blame to Black as possible. It pendium is not based simply on the premise Building, U.S. Senate, Washington, DC. that the organization does not provide busi- was in the interest of the Smiths as Mid- DEAR SENATOR FEINGOLD. This letter is in State investors to achieve the same objec- ness or professional opportunities to mem- response to your letter to me of May 9, 2002, bers (which is a factual premise that, in any tives. It should have been apparent that requesting my opinion on ethical issues that these objectives might be furthered by rul- event, is inapplicable to the Rod and Gun have arisen in connection with the nomina- Club). Rather, the summary refers only once ings in Black’s criminal case and by limiting tion of United States District Judge D. any monetary sanction against Black, as to the absence of business or professional op- Brooks Smith to the United States Court of portunities, but refers twice to the religious next discussed. Judge Smith’s defense (in an- Appeals for the Third Circuit. These issues swer to your question 20) that Nobel is inap- purposes of the Masons. Compare, then, the related to (A) Membership in the Spruce actual summary set forth in § 2.14(b) with posite because Mid-State was not a ‘‘victim’’ Creek Rod and Gun Club; (B) Attendance at in the same way that INA was a victim en- Professor Rotunda’s rendering of that sum- Judicial Education Seminars; and (C) Judi- tirely misses the purpose of the disqualifica- mary, which is quoted supra: ‘‘Masonic cial Disqualification Requirements. tion statute and the reasoning of Nobel. Order, represented to be fraternal organiza- Judge Smith should have realized that de- (A) Membership in the Spruce Creek Rod and tion devoted to charitable work with reli- cisions he might make in Mr. Black’s crimi- Gun Club gious focus and not providing business or nal case could affect the civil actions then I had originally concluded that Judge professional opportunities to members, is pending against Mid-State. This could hap- Smith’s membership in the Spruce Creek not consider to be an organization practicing pen in at least two ways. First, Judge Smith Rod and Gun Club was not a ground for deny- invidious discrimination although women would be called upon in Black to make evi- ing him a judgeship on the Court of Appeals. are not permitted to be full-fledged mem- dentiary rulings that could lead to the rev- In reaching that conclusion, I was relying in bers. Organization is considered to be dedi- elation, or to the concealment, of informa- significant part on the opinion expressed in cated to the preservation of religious and tion that might affect the course of the civil the letter to Senator Orrin G. Hatch of April cultural values of legitimate common inter- litigation against Mid-State. Second, I un- 23, 2002 by Professor Ronald D. Rotunda, for est to members. Commentary to Canon 2C.’’ derstand that in the event of a conviction, whom I have considerable respect. Subse- Because of this reiteration in § 2.14(b) of the Black would have been subject to monetary quent research has convinced me, however, Masons as being ‘‘devoted’’ and ‘‘dedicated’’ sanctions. Obviously, the more money Black that Professor Routunda’s analysis in this to the preservation of religious values had to pay as a criminal sanction, the less instance is seriously flawed, that his conclu- through charitable work, the exception for money he would have available to com- sion is clearly wrong, and that Judge the Masons does not swallow up the proscrip- pensate the school districts allegedly Smith’s membership in the Club is a serious tion of Canon 2C against discrimination on harmed by Mid-State and Black. Con- violation of his ethical responsibilities as a grounds of sex. Instead, the Masons’ excep- sequently, Mid-State would have an interest judge. tion becomes a limited one that respects the in Black retaining as much money as pos- I was troubled from the outset, of course, First Amendment’s guarantee of freedom of sible so that his wealth could be used to off- that Judge Smith’s membership in the Rod religion. set depositor losses. If somehow Judge Smith and Gun Club violates the plain meaning of Contrary to Professor Rotunda’s abridged version of § 2.14(b), therefore, the full text of did not appreciate that his family’s Mid- Canon 2C of the Code of Conduct for United § 2.14(b) does not support the conclusion that State investments required recusal, he States Judges. That provision forbids a judge the Spruce Creek Rod and Gun Club’s dis- should have revealed this information to to hold membership in an organization that crimination against women is permissible. counsel so they, and the defendant, could de- ‘‘practices invidious discrimination on the Accordingly, Judge Smith was clearly in vio- cide whether to act on it. basis of . . . sex. . . .’’ Since the bylaws of lation of Canon 2C for most of the eleven In sum, assuming that Judge Smith did the Rod and Gun Club arbitrarily restrict years that ‘‘dragged on’’ while Judge Smith not know of Mid-State’s financial exposure membership to men, and since Judge Smith on October 27, 1997, and did not therefore rec- was on the bench and remained a member. held membership in the Club for eleven years Finally, with respect to the specific ques- ognize a need to recuse himself in SEC v. while he was a federal judge, his violation of tions that you raised on this issue in your Black, still there was sufficient information Canon 2C appears to be obvious. letter to me: before him to warrant both further inquiry Nevertheless, two aspects of Professor 1. Judge Smith is incorrect in asserting and revelation of his family’s investments in Rotunda’s letter persuaded me that this that revisions to Canon 2 of the Code of con- Mid-State. Inquiry and revelation at this plain-meaning reading was not the final duct exempt clubs like Spruce Creek from point would have resolved the issue and word. First, I accepted Professor Rotunda’s the ban on membership in discriminatory or- made disqualification immediately nec- assertion that the Club is a ‘‘purely social’’ ganizations. Indeed, that assertion is fan- essary. As stated above, a federal judge does organization with no formal business or pro- ciful, on a plain-meaning reading of Canon have a duty to be forthcoming with facts fessional activities. In this regard, Professor 2C: ‘‘A judge should not hold membership in that could support a request for recusal. Rotunda may well have been misled by any organization that practices invidious Once Mid-State’s financial exposure became Judge Smith himself, who has repeatedly discrimination on the basis of . . . sex . . .’’ apparent, as early as press reports of the mischaracterized the Club to the Judiciary Moreover, the exceptions in the Comment re- first lawsuit on November 1, Judge Smith’s Committee as a ‘‘purely social group’’ that inforce the conclusion that the Rod and Gun continued silence is inexplicable. His order does not conduct any business or profes- Club falls within this plain language. For ex- of October 27 was being challenged and his sional activities. In any event, I now under- ample, the Comment exempts an organiza- family’s financial investment would have stand that the crucial factual premise is tion that is ‘‘dedicated to the preservation of provided the challengers with strong argu- false, because professional meetings are in religious, ethnic or cultural values of legiti- ments to vacate it, perhaps more quickly. fact held at the Rod and Gun Club. mate common interest to its members [like Just as Judge Collins in Liljeberg should Of equal importance to my original judg- the Masons], or that is in fact and effect an have immediately revealed his reawakened ment is the fact that I accepted Professor intimate, purely private organization whose knowledge of Loyola’s interest in a litiga- Rotunda’s statement regarding § 2.14(b) of membership limitations could not be con- tion before him, Judge Smith should have re- the Code of Conduct for United States stitutionally prohibited.’’ Obviously, neither vealed his family’s financial interest in the Judges, Compendium of Selected Opinions clause in that exception describes the Spruce bank immediately on learning that the bank (2002). In Professor Rotunda’s words, that Creek Rod and Gun Club. had financial exposure in the events under- section holds that: ‘‘[T]he Masonic Order, 2. Judge Smith violated ethical standards lying SEC v. Black. which limits full membership to males does by remaining a member of the Spruce Creek

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00057 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7874 CONGRESSIONAL RECORD — SENATE August 1, 2002 Rod and Gun Club for eleven years—or, at bition against behaving with impropriety or that seeks only to spread losses by assigning least, for most of those years—while serving the appearance of impropriety applies to them to the ‘deepest pockets.’’’ Also, one of as a federal district judge. The 1998 Code re- both the professional and personal conduct the lecturers at the seminar published a iterates the language of the 1992 Code in al- of a judge. Because it is not practicable to paper the same year arguing for federal pre- lowing a judge a maximum of two years to list all prohibited acts, the proscription is emption of state tort claims involving phar- make immediate and continuous efforts to necessarily cast in general terms that extend maceuticals subject to federal regulation. change the club’s policy before resigning. to conduct by judges that is harmful al- Upon returning home, Judge Smith grant- Since Judge Smith claims to have made such though not specifically mentioned in the ed summary judgment in favor of efforts beginning in 1988, he should have re- Code.’’ Then, directly addressing Professor Medtronic—the party that had provided fi- signed at least by 1992, when he knew that Rotunda’s complaint that the appearance of nancial support to the Law and Economics four years of efforts had already been impropriety is ‘‘too vague to be a standard,’’ Center, which had sponsored the seminar. unavailing. the Comment explains precisely what is The ground for Judge Smith’s decision was 3. If Judge Smith somehow believed after meant by the standard of an appearance of federal preemption of the state tort claims. 1992 that he could ethically remain a mem- impropriety: ‘‘Actual improprieties under On those facts, there is an appearance that ber of the Club (a conclusion that is difficult this standard include violations of law, court Judge Smith violated Canon 3A(4) by receiv- to credit) he should at least have consulted rules or other specific provisions of this ing ex parte communications on issues then with the Advisory Committee on Judicial Code. The test for appearance of impropriety before him in the Medtronic case. Conduct before continuing his membership. is whether the conduct would create in rea- Under the language of Canon 3A(4), of Apart from that, having given his word to sonable minds, with knowledge of all the rel- course, it is irrelevant whether the seminars the Judiciary Committee that he would re- evant circumstances that a reasonable in- were funded by a party appearing before the sign from the Club if it did not change its quiry would disclose, a perception that the judge. However, the fact that a party before discriminatory bylaw, Judge Smith should judge’s ability to carry out judicial respon- the judge was providing financial support for have informed the Committee of his inten- sibilities with integrity, impartiality, and a seminar at an expensive resort, the fact tion to break his word and his reasons for competence is impaired.’’ that the judge stayed at the resort without doing so. Thus, the Code tells us, that an appearance cost, and the fact that the expert’s ex parte (B) Attendance at Judicial Education Seminars of impropriety is one that would cause a rea- presentation was also financed in part by the sonable person, with knowledge of all the party, would all heighten the appearance of In answer to your specific question, Judge relevant circumstances that a reasonable in- impropriety. Specifically, the appearance is Smith is not correct in asserting that under quiry would disclose, to believe that the that the party is buying special access to the existing ethical standards, he was not re- judge has violated a specific provision of the judge, both by making a gift to the judge and quired to inquire into the identity of cor- Code, or has violated the law, or has violated by financing an ex parte communication by porate financial supporters of an organiza- court rules, in such a way that impairs the an expert. tion like the Law and Economics Center at judge’s impartiality. In addition, Judge Smith’s attendance at George Mason University. Consistent with that definition, the ap- the seminar violated Canon 6 because of the As noted in the Comment to Canon 2A, the pearance of impropriety with regard to the source of the reimbursement of the judge’s appearance of impropriety depends on the judicial seminars is the appearance that a expenses ‘‘give[s] the appearance of influ- appearance to a reasonable person who has party is buying special access to the judge, encing the judge in the judge’s judicial du- ‘‘knowledge of all the relevant facts that a both by financing an expert to express ex ties or otherwise give[s] the appearance of reasonable inquiry would disclose.’’ Thus, if parte opinions to the judge, and by making a impropriety.’’ a reasonable inquiry would reveal the source gift to the judge to induce the judge to pay (C) Judicial disqualification requirements of the funding, the source of the funding is special attention to the expert’s ex parte relevant to determining whether there is an opinion. Thus, judge Smith’s conduct vio- Your final question to me is whether there appearance of impropriety and, thereby, lates Canons 2, 2B, and 6, and appears to vio- is anything in Judge Smith’s answers to whether the judge has committed a violation late Canon 3A(4), as explained below. your written questions that changes the of the standard. In order to conform his con- As a general matter, there is nothing in opinion in my letter to the Committee of duct to the rule, therefore, the judge must at the Code of Conduct for United States March 14, 2002 (which I adopt here by ref- least make the same reasonable inquiry that Judges that would forbid a judge from at- erence). the hypothetical reasonable person would be tending a privately-sponsored judicial sem- The answer is no. Judge Smith’s written making into the source of the funds for the inar. Also as a general matter, there is no answers like his testimony before the Com- seminar. limitation—nor should there be—on the ways mittee, consist of obfuscation and disingen- It is important to address here Professor in which judges engage in continuing legal uousness. In addition, those answers confirm Rotunda’s disparaging comments on the ap- education. the conclusion stated in my earlier letter pearance of impropriety as a standard in However, a specific rule of critical impor- that Judge Smith has committed repeated judges’ and lawyers’ ethics. Professor Ro- tance in Canon 3A(4), which forbids a judge and egregious violations of judicial ethics; tunda is correct in saying that some authori- to consider ‘‘ex parte communications on the that to this day he has failed to inform him- ties have rejected the appearance of impro- merits * * * of a pending or impeding pro- self of his obligations under the Federal Ju- priety as a standard. That has come about, ceedings.’’ This rule goes so far as to forbid dicial Disqualification Statute; and that he however, for reasons that have nothing to do a judge to receive the ex parte advice even of has been disingenuous before this Committee with the merits of the standard. Moreover, a ‘‘disinterested expert’’ on the law applica- in defending his unethical conduct. the views of those authorities could not ble to a proceeding before the judge, unless For example, in answer to your Question overrule either the Due Process Clause of the the judge gives nothing to the parties of the 7a, Judge Smith says: ‘‘Starting on October Constitution or the Code of Conduct for person consulted and the substance of the 27th, I began to develop concerns that Mid- United States Judges. advice, and affords the parties reasonable op- State’s involvement in SEC v. Black might, In fact, the appearance of impropriety is portunity to respond. in the future, require it to play a more central in judges’ and lawyers’ ethics, and, Also relevant is Canon 6, which provides prominent evidentiary role in the litigation. specially, in the Code of Conduct for United that a judge may not receive reimbursement I may have told the Trustee and his lawyer States Judges. Moreover, a fundamental of expenses to judicial seminars ‘‘if the that I would consider recusing myself based principle of constitutional due process of law source of such payment * * * give[s] the ap- on the potential for a future appearance of is that ‘‘any tribunal permitted by law to try pearance of influencing the judge in the impropriety...’’ In those two sentences, cases and controversial not only must be un- judge’s judicial duties or otherwise give[s] Judge Smith displays either an ignorance of biased but also must avoid even the appear- the appearance of impropriety.’’. the nature of conflict of interest law or a de- ance of bias.’’ That is, ‘‘to perform its high I understand that Judge Smith has at- sire to confuse the issue with meaningless function in the best way, justice must sat- tended seminars in which experts addressed verbiage (‘‘the potential for a future appear- isfy the appearance of justice.’’ legal issues that appeared to be the same as ance of impropriety’’). As recently as 1998, the Judicial Con- the issues that were presented in matters First, all conflicts of interest are conference of the United States reiterated its that were then before him. In addition, it is cerned with potentials—that is, with the risk commitment to avoiding the appearance of entirely possible that one or more of the of substantive ethical violations that might impropriety on the part of judges. As stated speakers discussed those issues in informal arise in the future. As explained by the Re- in the Comment to Canon 2A: contacts with the judge at those seminars. statement of the Law Governing Lawyers, ‘‘Public confidence in the judiciary is erod- Your letter refers, for example, to Gerber ‘‘conflict of interest’’ refers to whether there ed by irresponsible or improper conduct by v. Medtronic, Inc. This was a products liabil- is a ‘‘substantial risk’’ that a substantive judges. A judge must avoid all impropriety ity case that Judge Smith was adjudicating violation of one’s ethical obligations will and the appearance of impropriety. A judge when he attended a seminar at Hilton Head. arise in the future. (With regard to a judge, must expect to be the subject of constant At the seminar, experts discussed ‘‘Risk, In- this would refer, e.g., to the risk that the public scrutiny. A judge must therefore ac- jury, and Liability.’’ In the Center’s words, judge’s impartiality might come to be im- cept restrictions that might be viewed as this seminar ‘‘demonstrates the superiority paired in the course of the litigation.) To be burdensome of the ordinary citizen and of a legal system that assigns liability to ‘‘substantial,’’ the risk must be ‘‘more than should do so freely and willingly. The prohi- those best able to avoid injury over a system a mere possibility.’’ However, it need not be

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00058 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 1, 2002 CONGRESSIONAL RECORD — SENATE S7875 ‘‘immediate, actual, and apparent.’’ On the consecutive NASA Administrators. While it was pending for over 2 weeks, contrary, as explained in the comment to Roy also served temporarily as acting it is accurate to say that the central Restatement § 121, a risk can be substantial, director of the Johnson Space Center matter under consideration was the within the meaning of the rule, even if it is in Houston, TX. Medicare drug benefit issues and that ‘‘potential or contingent,’’ and despite the fact that it is neither ‘‘certain or even prob- Among the numerous awards and there was relatively little focus on the able’’ that it will occur. The ultimate test is honors he has received over the years specifics of the underlying bill. that there be a ‘‘significant and plausible’’ are: the Presidential Distinguished Despite the lopsided vote yesterday, I risk of adverse effect on one’s ethical respon- Service Award—twice—and Meritorious have explained why I thought, and still sibilities. Senior Executive Award; NASA’s Dis- think, that it would have been pref- When Judge Smith said, therefore, that on tinguished Exceptional Service, Equal erable to hold hearings on this poten- October 27th he ‘‘began to develop concerns Opportunity and Outstanding Leader- tially important but largely un-vetted that Mid-State’s involvement in SEC v. ship Medals; the National Distin- bill. Black might, in the future, require it to play a more prominent evidentiary role in the guished Executive Service Award for As ranking Republican member of litigation,’’ he was acknowledging that he Public Service; and Alumni Fellow of the Senate Judiciary Committee, I had a conflict of interest that required him Mississippi State University; as well as have made known my objections to the immediately to recuse himself. That is, he Citizen of the Year in his home town of manner in which the HELP Committee was acknowledging that there was a ‘‘signifi- Tylertown, MS. has acted to usurp the jurisdiction of cant and plausible risk’’—even if it was not We will truly miss having the benefit the Judiciary Committee. When all is ‘‘certain or even probable’’—that he would of the thoughtful, intelligent leader- said and done, S. 812 is fundamentally find himself adjudicating a case in which he ship of Roy Estess. an antitrust bill colored by civil jus- had a substantial financial interest. He has been a great friend and a Moreover, Judge Smith reiterates that tice reform and patent law consider- ‘‘Mid-State Bank was not a party to the liti- trusted source of good advice and coun- ations. gation before me.’’ As a Federal Judge for sel for me throughout my career. We all know that S. 812 became the fourteen years, Judge Smith should be famil- I commend Roy Estess on his truly floor vehicle for the Medicare drug de- iar with the leading Supreme Court case of outstanding career and I wish for him bate for one major reason the Demo- Liljeberg v. Health Services Acquisition much satisfaction and happiness in the cratic leadership recognized that if the Corp. He should know, therefore, that it is years ahead. regular order were observed and a immaterial whether the Bank had been a f mark-up were held in the Finance Com- party. In Liljeberg, for example, Loyola Uni- mittee, it was almost certain that the versity was not a party and, indeed, the PHARMACEUTICAL RESEARCH AND tripartisan bill would have been re- judge had forgotten that Loyola had any pos- DEVELOPMENT sible interest in the outcome of the case. ported to the floor. Nevertheless, simply because the judge had Mr. HATCH. Mr. President, I rise to I would point out to my colleagues been a trustee of Loyola, the Supreme Court speak on a subject related to the de- that have just secured final passage of vacated the judgment under the Federal Dis- bate that we concluded yesterday—at the conference report to accompany qualification Statute (28 U.S.C. § 455). least for the time-being—and that sub- the omnibus bipartisan trade package. For all of the reasons in my earlier letter ject is pharmaceutical research and de- This bipartisan bill—perhaps the most and in this one, therefore, I continue to be- velopment. important economic legislation of this lieve that Judge D. Brooks Smith should not Yesterday, the Senate was unable to Congress and a bill that will have last- be honored with advancement to a distin- reach consensus on the appropriate guished Federal Circuit Court. ing impact for years to come—came Respectfully submitted, structure and scope of the much-needed out of the Finance Committee. MONROE H. FREEDMAN, Medicare prescription drug benefit. I think most would agree that the Fi- Lichtenstein Distinguished Professor This was unfortunate for millions of nance Committee has a long track of Legal Ethics. senior citizens across America, includ- record of reaching bipartisan consensus f ing thousands of Utahns. on major issues facing our country. It is my hope that after the August TRIBUTE TO ROY S. ESTESS Perhaps if the Democratic leadership recess it will be possible for the Senate had given the Finance Committee the Mr. COCHRAN. Mr. President, one of to match the success of the House of opportunity to do its job, the great my State’s finest Federal Government Representatives and pass a Medicare success of the trade legislation would officials, Roy S. Estess, announced last drug bill. I know that we sponsors of have been duplicated with respect to week his retirement from the National the tripartisan proposal will not give the Medicare drug benefit. Aeronautics and Space Administration. up. Senators BREAUX, JEFFORDS, Instead, we come to the August re- Mr. Estes had served as Director of GRASSLEY, SNOWE, and I will redouble cess without a Senate Medicare drug the Stennis Space Center in Mississippi our efforts to build support for our benefit bill to conference with the since January 20, 1989. He has been re- plan. House. sponsible for managing the center and It was also unfortunate yesterday We also come to August, almost as overseeing the Center’s role as the lead that the Senate adopted S. 812, the punishment for failing on the Medicare center for rocket propulsion testing Greater Access to Pharmaceuticals drug benefit issue, with the flawed and the lead center for implementing Act. HELP Committee substitute to S. 812 commercial remote sensing applica- This is the legislation that was origi- now adopted by the full Senate. tions. Prior to becoming Director, he nally introduced by Senators MCCAIN We could have held hearings on the had been the Deputy Director of the and SCHUMER and virtually re-written actual language of the substitute. Center for nine years. He had played a in the HELP Committee in the form of We could have taken time to study pivotal role in having the Mississippi an amendment sponsored by Senators the facts and recommendations of the Test Facility selected as the test site EDWARDS and COLLINS. major Federal Trade Commission re- for the Space Shuttle main engine. Let me be clear. I am supportive of port of the very provisions of law that Roy graduated from Mississippi State reasonable changes to the Drug Price S. 812 amends. University with a degree in aerospace Competition and Patent Term Restora- We could have learned why the Pat- engineering, and he also completed the tion Act, commonly referred to as Wax- ent and Trademark Office opposes the advanced management program at the man-Hatch, or Hatch-Waxman. language of the bill. Harvard Graduate Business School. I do not oppose amending the Act. We could have learned what the Food Roy has held various engineering and However, I do oppose the way in which and Drug Administration and Depart- management positions during his 42 it was amended, both in the HELP ment of Justice, and the Office of the years of Government service. Thirty- Committee and here on the floor. United States Trade Representative seven of those years have been spent I have spoken at some length about had to say about the bill. with NASA. His wide ranging experi- the deficiencies of this bill—that ap- But we did not. ence with NASA included service as a peared only the day before the mark-up Instead of taking the time for a care- special assistant in NASA Head- on July 10th, and was rocketed straight ful evaluation of a potentially impor- quarters in Washington, DC, for two to the Senate floor the next week. tant change in the law, for the sake of

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00059 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7876 CONGRESSIONAL RECORD — SENATE August 1, 2002 short-term political tactics in an elec- Taken together these three rec- If you do not ask the right question, tion year, we brought this bill to the ommendations appear to promote a you will get the wrong answer. floor in a poisonous atmosphere de- very aggressive version of the use-it-or- I wish to share my perspective on signed in part to vilify one segment of lose-it policy I have advocated. Not how the science of drug discovery and the pharmaceutical industry. that I pretend to understand the very the pharmaceutical marketplace are While S. 812 completely revised most complicated exclusivity, forfeiture, and changing. of the McCain-Schumer language and transfer provisions of section 5 of the Historians will record the recently- made several significant steps in the Edwards-Collins Amendment—and a re- completed mapping of the human ge- right direction, there are significant view of the transcript of the mark-up nome as a major achievement in the problems in several of the new features suggests that I am not alone in my history of science. that so mysteriously found their way confusion—the HELP Committee Each day, progress is made on new into the bill on the day before the adopted quasi-rolling exclusivity pol- avenues of biomedical research. For ex- mark-up. icy triggered only by an appellate ample, developments proceed apace in Since I have done so in some detail court decision appears to be signifi- the field of nanotechnology—the pre- previously, I will not catalog these cantly at odds with where the FTC and cise manipulation of molecules at a problems again today. I come out on this issue. sub-molecular level. Similarly, there is And even though I still oppose var- It is very unfortunate that the great excitement related to ious aspects of key provisions of the rushed timing brought about by the proteomics—the study of the structure bill that passed the Senate in the de- tactically convenient decision to mesh and function of proteins and the inter- nouement of the Medicare debate yes- S. 812 with the volatile politics of action among proteins. We know that terday, I want to congratulate Sen- Medicare acted to minimize the value genes regulate proteins and, as our un- ators MCCAIN, SCHUMER, KENNEDY, of this over-a-year-in-the-making, but derstanding of human genes becomes EDWARDS, and COLLINS for the substan- still only 2 days’ old, FTC study. As more complete, we will spend more and tial vote yesterday. was demonstrated over the past two- more time and effort on learning about Nevertheless, I hope that our col- and-a-half weeks, the charged atmos- the relationship between genes and leagues in the House will study the phere of election year Medicare debates proteins and how proteins carry out Senate legislation, and consult with on the Senate floor is not conducive to these assigned roles. experts in the Administration, includ- fine-tuning of complex and nuanced As has been debated on this floor ear- ing the FTC, PTO, DOJ, FDA, and matters of antitrust and patent law. lier this year and will undoubtedly be USTR, and other affected parties as As co-author, with my House col- debated again this fall, there is great they decide how best to address the league, HENRY WAXMAN, of the statute interest in the promising field of stem matters taken up by the still barely that S. 812 seeks to amend—the Drug cell research. While there are a host of three weeks’ old language of the HELP Price Competition and Patent Term ethical issues that need to be addressed Committee substitute to S. 812. Restoration Act of 1984—I have a long- Again, let me reiterate that I do not in this area, many leading scientists standing interest in legislation affect- tell us that stem cell research may one oppose legislation in this area. I concur ing pharmaceutical research and devel- day virtually revolutionize the prac- with the majority of the HELP Com- opment and the continued growth of tice of medicine. The nascent field of mittee and the Senate that changes the generic drug sector. need to be made. They just need to be A key principle of the 1984 Hatch- embryonic stem cell research may suc- made in a more measured fashion, tak- Waxman Act is balance between the in- ceed in bringing forth the knowledge ing into account the latest rec- terests of developing the next genera- that will yield new diagnostics and ommendations of the Federal Trade tion of new medicines and making treatments for a host of currently in- Commission. available generic copies of existing curable diseases. I plan to continue to participate in drugs. For reasons I have spelled out We know that many, including more this debate as action moves to the over the last two weeks, I am unable to than 40 Nobel Laureates and virtually House. I will work with the House, the conclude that this principle of balance all leading science organizations, have administration, and others with a has been observed in the bill the Sen- concluded that the highly promising, stake in the outcome of this legisla- ate adopted yesterday. emerging science of regenerative medi- tion. No law as complex of the 1984 Act is cine will be advanced by the use of Frankly, my first impression is that so perfect that it cannot be improved human somatic cell nuclear transfer as the FTC report provides some critical as it measures up to the tests of time a method to develop stem cells. information and thoughtful rec- and changing conditions. In my view, I mention this to comment on how ommendations for legislation. I was, of there have been several unintended and our almost exponential growth in bio- course, pleased that the FTC’s first unanticipated consequences of the 1984 medical knowledge is affecting the major recommendation—allowing only law and other changes in the pharma- pharmaceutical industry. one 30-month stay for all patents listed ceutical sector that bear attention by Looking at all these developments with FDA at the time that each par- Congress. compels me to make the following ob- ticular generic drug application is filed I would like to spend a few minutes servation: with the agency—was precisely what I today to outline several issues beyond When we adopted the 1984 Hatch- have advocated. the 30-month stay and the 180-day mar- Waxman law, we were in an era of The Senate-adopted version of S. 812 keting exclusivity rule that, along small molecule medicine and large pa- goes way beyond this policy. Why? with the manner in which the drafters tient population blockbuster drugs. I am also supportive of the FTC’s sec- attempt to codify FDA’s current bio- Times have changed. ond, and final, major recommendation, equivalence standards, have dominated It appears that we are rapidly enter- to require that any potentially anti- the recent Hatch-Waxman reform de- ing an era of large molecule medicine competitive brand name-generic agree- bate. and small patient population drugs. ments be submitted for FTC review. On any number of occasions, I have Some believe that we may be entering This is consistent with the suggestions heard proponents of S. 812 cite as their an age of literally single patient, per- I made to Chairman LEAHY in connec- rationale for this legislation the need son-specific drugs and genetic thera- tion with his bill, the Drug Competi- to restore the old balance and original pies. tion Act, S. 754. intent of the Waxman-Hatch Act. We are already in something of a I am still studying the three minor I am afraid that—not only does the transition away from old-fashioned FTC recommendations that aim to pro- legislation fall short on the balance chemical-based drug products to futur- mote price competition and hinder the test but this misdirected attempt to istic biologicals. This will not occur type of collusive arrangements that on look backward to the intent of 1984 overnight and there will always be a a few but very unfortunate occasions may result in missing important oppor- place for old-style drugs in the thera- have grown out of the 180-day mar- tunities to facilitate the future of drug peutic armamentarium. Experts re- keting exclusivity provisions of the discovery and increasing patient access mind us that this new wave of thera- law. to these new medicines. peutic protein molecules are more

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00060 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 1, 2002 CONGRESSIONAL RECORD — SENATE S7877 complex than the type of drugs devel- clusivity for all new chemical entity care beneficiaries will go to those 38 oped in the past. To cite but one exam- drugs, independent of patent protec- percent of the total Medicare bene- ple, the molecular weight of Prozac is tion. In contrast, it is my under- ficiaries with greater than $5,000 in an- 345 daltons, compared with the bio- standing that most European nation’s nual prescription drug spending. This logic, EPO, which is 30,400 daltons and and Japan have adopted a 10-year data will represent the lion’s share of total about 10 times the size of many com- exclusivity rule. Why not consider har- projected Medicare beneficiary pre- mon old-line drugs. monizing and move to the European scription drug spending of $278 billion Over the next decade and into the fu- standard for this important informa- just ten years from now. ture, a great deal of inventive energy tion which, but for Hatch-Waxman, We know that biological products are will be concentrated on developing bio- would be considered proprietary infor- likely to be more expensive than old- logical products. mation? line drug products. Sooner or later, we The list of 66 approved medications I want to commend Senator LIEBER- must face up to the generic biologics using cloned recombinant DNA will al- MAN, with whom I am working, for his challenge. We literally cannot afford to most certainly expand. The future of advocacy of an aggressive set of intel- continue avoiding this issue. the pharmaceutical industry may one lectual property incentives in his bio- Now that the HELP Committee has day be dominated by biological prod- terrorism legislation, S. 1764, that are finished, for the time being at least, its ucts. designed to stimulate the private sec- foray into antitrust policy, patent law, As we enter this new era of drug dis- tor to direct its inventive energies and and civil justice reform, perhaps it covery, certain policy questions should financial resources to develop the nec- could find the time to hold hearings on be considered by Congress: essary measures to counter biological, matters that are actually within the Are our intellectual property laws re- chemical, or nuclear terrorism. I will committee’s jurisdiction, such as the lating to pharmaceuticals adequate to continue to work with Senator LIEBER- legal, scientific, and policy issues re- promote the large molecule, small pa- MAN as he refines his legislation, which lated to the FDA review of generic bio- tient population medicine? logics. For example, currently under Wax- among other provisions, provides for As far as I am concerned, the sooner man-Hatch, process patents are not eli- day-for-day-patent term restoration for we change the law, the better. As more gible to receive any patent term res- time lost at FDA. and more biologics come onto the mar- toration. Why should this be the case? The Senator from Connecticut under- ket, we will face transitional products If targeted patient populations get stands the value of intellectual prop- issues and carve out requests that will smaller and smaller and the production erty incentives in facilitating bio- greatly complicate the legislative proc- process patents become relatively more medical research. We should all look ess. I speak from experience—I lived important than composition of matter closely at this approach in the area of through the so-called pipeline issues in patents, should we make process pat- bioterrorism and consider applying ents eligible for Waxman-Hatch partial these principles to other important 1984 and it was not pretty. Congress simply cannot, and should patent term restoration? areas of medical research. Is it possible that one day in the fu- Another major issue will be whether not, attempt to enact and sustain over ture there will be more drugs intended the current lack of Waxman-Hatch au- time a Medicare drug benefit unless we for patient populations under the thorization for the review and approval seriously explore what steps must be 200,000 patient limit established by the of generic biologicals is sound public taken to end an FDA regulatory sys- Orphan Drug Act or even patient-spe- policy? tem that acts as a secondary patent for cific biological cocktails and gene or Although the Senate failed to adopt a biological products. Patient safety protein therapies? If so, would it be ap- Medicare drug benefit this week, I re- must never be jeopardized. The task propriate to re-think and re-design any main hopeful and committed to work- will not be easy. of our intellectual property laws? ing toward the day when we will get In this regard I must cite an article Unfortunately, S. 812 as passed by the the job done for America’s seniors. by Lisa Raines, published in The Jour- Senate appears to give less value to Part of the impetus behind the nal of Biolaw & Business in 2001 enti- patents and treats them more as tar- McCain-Schumer bill and other efforts tled, ‘‘Bad Medicine: Why the Generic gets for litigation than valuable infor Hatch-Waxman reform is to help Drug Regulatory Paradigm is Inappli- sights to be respected. seniors reduce the sometimes stag- cable to Biotechnology Products.’’ Lisa Another key question is whether gering out-of-pocket costs of their pre- was a special friend to all of us inter- Hatch-Waxman, as a general matter, scription drugs. ested in biotechnology. She had experi- adequately values pharmaceutical in- Given the enormous costs associated ence both in the public sector—at the tellectual property relative to other with providing only limited pharma- old Congressional Office of Technology fields of discovery? ceutical coverage under Medicare, that Assessment—and in the private sec- The American Inventors Protection for catastrophic expenses last year es- tor—with the Biotechnology Industry Act which passed with a broad bipar- timated by CBO to cost $368 billion Organization and Genzyme. One of the tisan consensus in 1999 permits all pat- over 10 years it is absolutely essential many tragedies of September 11 was ents to be restored up to 17 years of for policymakers to explore enacting that Lisa was among the passengers on patent life if there is undue adminis- regulatory pathways for biological the plane that was crashed into the trative delay at the PTO. The 1984- products to enter the market once pat- Pentagon. We all miss her indomitable adopted Hatch-Waxman law caps patents have expired. spirit and friendship. ent term restoration for drug patents As we learned in the 1980s when Let me stipulate, as the article due to FDA delay at 14 years. More- Congress first passed, than points out, that it will be difficult to over, most patent applications are re- unceremoniously repealed, a law which manufacture generic equivalents of viewed by PTO in one and one-half to included Medicare drug coverage, the biologicals. However, I do not think it two years, so that the effective patent cost-estimates of providing this benefit is an impossible task. As we attack life for most products is actually 18 to will only go in one direction: ever high- this problem we will need to adopt one 18.5 years. er and higher, and upward and upward. of the mottos of the Marine Corps: the When all is said and done, most pat- According to CBO’s March 2002 esti- difficult we do immediately, the impos- ents run appreciably longer than pat- mates, those seniors who will spend sible takes a little longer. ents related to drugs due to the 14-year greater than $5,000 in annual prescrip- I think it would be wise to charge an Waxman-Hatch cap. We must ask why tion drug costs amount to 10 percent of expert organization such as the United time lost at PTO should be treated dif- all Medicare beneficiaries. Astonish- States Pharmacopeia to convene a ferently than time lost at FDA? Why ingly, they account for 38 percent of group of experts, in alliance with the should the proverbial better mousetrap total prescription drug spending by FDA, to begin to identify the technical be treated better under the patent code Medicare beneficiaries today. issues that need to be addressed in than a life-saving drug? By 2012, CBO estimates that these order to bring about bioequivalent ge- Similarly, the Hatch-Waxman Act numbers will skyrocket. Fully 80 per- neric biologicals, including clinical provides for five years of marketing ex- cent of all spending for drugs by Medi- trials if necessary.

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00061 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7878 CONGRESSIONAL RECORD — SENATE August 1, 2002 Some will argue that generic bio- dustry as was done repeatedly for the bian Sea. In support of Operation En- logics cannot be manufactured, but un- last three weeks. We know what hap- during Freedom, 168 students from the less we try to invent a fast track ap- pened. Political and tactical consider- Montello Middle School and High proval process for biologics, I do not ations led some to believe there needed School have dedicated tremendous see how we will ever know how to over- to be a villain in this Medicare debate. time and effort to showing their sup- come the technical obstacles. In a sense, history repeated itself as port for our sailors on board the USS It seems to me that one of the high- some took a page right out of the Clin- Seattle and the USS Detroit. Their ap- est priorities of the next Commissioner ton Administration play book. preciation for the work our sailors and of Food and Drugs will be to make cer- Here is how the book, The System, military personnel are doing overseas tain that the leadership of FDA’s Cen- authored by David Broder and Haynes should be an inspiration to every ter for Biologics is committed, in part- Johnson, two highly respected journal- American. nership with the private sector and ists, described the tactics of the Clin- This group of students, led by their academic researchers, to identifying ton White House in trying to pass its teacher Catherine Ellenbecker, sent 35 the issues and attempting to find solu- too grand health care reform plan in boxes of snacks and cookies to the crew tions to the many issues that need to 1993 and 1994: aboard these ships. They also collected be resolved in order to make generic . . . Clinton’s political advisers focused 18,892 golf balls for the sailors and were biologics. mainly on the message that for ‘‘the plain given a donation of 100 golf clubs by I want to acknowledge that Senator folks it’s greed—greedy hospitals, greedy B&G Golf in Appleton, WI. By sending these gifts, the students ROCKEFELLER has introduced a legisla- doctors, greedy insurance companies. It was greatly improved the morale of those tive proposal in this area although I an us-versus-them-issue, which Clinton was on board. As one Navy Captain wrote, have problems with his study and auto- extremely good at exploiting.’’ Clinton’s political consultants—Carville, ‘‘Your gifts and many good wishes have matic pilot features. Begala, Grunwald, Greenberg—all thought helped to bring home a little closer The last overarching issue that I will ‘‘there had to be villains’’ . . . at that point, today.’’ A total of 116 students con- raise today is how the structure and the insurance companies and the pharma- tinue to correspond with the USS De- strength of the research-based segment ceutical companies became the enemy. troit and 52 other students have pen of the American pharmaceutical indus- Unfortunately, that strategy re- pals on the USS Seattle through both try has changed since 1984. appeared over the last few weeks and emails and letters. On the one hand, we have seen sub- we lost an opportunity to debate in a I applaud these students for their stantial growth in the biotechnology more reasoned fashion the complex set thoughtfulness, their diligence, and industry. There are now some 1,400 U.S. of issues and delicate balance required above all for their support of our men biotech firms, although only 41 of these in pioneer-generic issues that I have and women in uniform. These students biotech companies have any revenues just described. Nor did we do any great recognize that we are safe here at home from FDA-approved products. justice in delving beyond the surface thanks to the hardworking men and On the other hand, I think that Con- and into the substance of the issues ad- women of the U.S. military. It gives me gress should consider whether there are dressed in S. 812. great pride to know that students from any appropriate actions we can, or I have made it clear that my vision my home state of Wisconsin have done should, take today to make sure that and preference for Waxman-Hatch reso much to support these sailors. I America retains a vibrant research- form is to help facilitate a constructive commend the students from Montello based large-firm pharmaceutical sec- dialogue among interested parties. We Middle School and High School for tor. I have nothing against the several all could benefit by a fair exchange of their efforts. new consolidated multinational drug viewpoints on a broad range of inno- f firms but we must never allow our na- vator/generic firm issues, including the ADDITIONAL STATEMENTS tional leadership in biomedical re- matters I have just outlined. search to erode. I suggest my col- The issues that are addressed in the leagues review the transcript of the HELP Committee Substitute to S. 812 IN MEMORIAM: MARI-RAE SOPPER March Commerce Committee hearing are important issues. So are the notice ∑ Mrs. BOXER. Mr. President, I would on the McCain-Schumer legislation and provisions contained in Senator examine the thoughts of Senator like to take this opportunity to share LEAHY’s bill, S. 754. with the Senate the memory of one of WYDEN related to the financial health Unfortunately, the politics of Medi- and status of the product pipeline of my constituents, Mari-Rae Sopper, who care prevented the debate over S. 812 lost her life on September 11, 2001. Ms. the large drug firms. from unfolding in a manner that en- Sopper was a 35-year-old lawyer and Senator WYDEN, with his long ties to couraged a thoughtful discussion of gymnastics coach when the flight she consumer groups like the Gray Pan- even these narrower set of issues, let was on, American Airlines Flight 77, thers, is certainly no patsy of the drug alone the initiation of a public dia- was hijacked by terrorists. As we all industry. But the Senator from Oregon logue of the broader—and perhaps more know, that plane crashed into the Pen- clearly understands that while we poli- significant in the long run—Hatch- tagon, killing everyone on board. ticians always want to focus on how to Waxman reform issues that I have just Ms. Sopper was a native of Inverness, help distribute the golden eggs—the described. Illinois and attended William Fremd new medicines—to our constituents, we I wanted to take this opportunity to High School in Palatine, Illinois. At also need to pay attention to the set forth these ideas for the future con- the age of 15 she set the goal of becom- health of the goose. It is true that the sideration of my colleagues and other ing a champion gymnast. She suc- pharmaceutical industry has had a interested parties. ceeded, becoming all-American in four great run of success since about 1994 I look forward to debating these events, the school’s Athlete of the Year when the Clinton health care plan was issues in the future and to working and the State’s Outstanding Senior rejected. But today’s dry pipelines with the House and other interested Gymnast of the Year. presage problems tomorrow. parties to further perfect the Senate- Larry Petrillo, her high school gym- The fact is that the drug discovery passed version of S. 812. nastics coach, remembers her as brash business is a high risk, high reward en- f and committed. ‘‘One thing she taught deavor and Congress can do real, and me is, you never settle for less than THE EFFORTS OF STUDENTS AT perhaps irreversible harm, to some you are capable of. We should never ac- firms if we choose the wrong intellec- MONTELLO MIDDLE SCHOOL AND cept limits. We should always fight the tual property policies. We need to dis- HIGH SCHOOL good fight. She was a staunch sup- cuss if there are appropriate ways to Mr. FEINGOLD. Mr. President, I porter of gymnastics and what’s increase our nation’s biomedical re- would like to take a moment to recog- right,’’ he recalls. search capacity, such as the set of pro- nize a group of students from Montello, Upon graduating from Iowa State posals set forth in the Lieberman bill. WI, who have reached out to show their University with a degree in exercise We should not be so quick to vilify support and appreciation for the U.S. science, Ms. Sopper earned a master’s the research-based pharmaceutical in- Navy sailors on duty in the North Ara- degree in athletics administration

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00062 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 1, 2002 CONGRESSIONAL RECORD — SENATE S7879 from the University of North Texas and start healthy families and lead produc- IN CELEBRATION OF EAST SIDE a law degree from the University of tive lives. CHARTER SCHOOL Denver. Ms. Sopper was an accom- Sister Rosa has been present for hun- ∑ Mr. CARPER. Mr. President, I rise plished dancer and choreographer and dreds of area births. Known as ‘‘la today to celebrate the East Side Char- continued to coach at gymnastics abuelita,’’ or ‘‘little grandmother,’’ ter School in Wilmington, DE. Five clubs. Sister offers help to Georgetown’s years after opening their doors to some Ms. Sopper practiced law as a Lieu- mothers and children, particularly of the State’s most economically and tenant in the Navy’s JAG Corps, focus- those mothers who are children them- educationally disadvantaged children, ing on defense and appellate defense. selves. Placing heavy emphasis on pre- they have amassed a record of meeting She had left the Navy JAG Corps and natal care, she helps young mothers and exceeding expectations. The was an associate with the law firm make doctors appointments and pro- achievement gap is narrowing in the Schmeltzer, Aptaker & Sheperd, P.C. vides transportation if necessary, to First State, and the East Side Charter when she found her dream job: to coach make sure they get to them. She suc- School is leading the way. the women’s gymnastics team at the cessfully campaigned for vitamins for Located in the middle of what is University of California at Santa Bar- the community’s pregnant mothers, called the projects, in properties man- bara. aged by the Wilmington Housing Au- It was a one year appointment and and actively mentors parents who need thority on the east side of Wilmington, Ms. Sopper was looking forward to the assistance. East Side Charter School is home to challenge. Her mother, Marion Sister Rosa works with La low-income students in grades K–3 who Kminek, says Mari-Rae was excited Esperanza, a community center for face unique challenges. about the opportunity. ‘‘I said go for it. Sussex County’s Latino population Over 80 percent of the students at Life is too short. It was something she doing fantastic work in its own right, East Side Charter School live in pov- had always wanted to do and she was so to provide social services for thousands erty. Most of the children live with happy and excited,’’ recalls Kminek. of immigrants faced with inaccessible only one parent, few of whom com- At the time of her death, Ms. Sopper healthcare, domestic violence, reduced pleted any college education. Many was moving to Santa Barbara to begin education and legal complications. live in neighborhoods with high inci- her appointment. Her close friend, Working alongside Mark Lally and Mike Jacki, recalls ‘‘This was to be a dence of violence and crime, and some Marjorie Biles in my Georgetown of- new adventure for Mari-Rae, and an op- are without proper nutrition and fice, Sister Rosa helps the downstate portunity to get back into the sport health care. Hispanic community navigate the she loved. We have lost a very special But at this school, kids can come maze of paperwork often required to person. She was prepared to make her early and stay late. They have a longer get work visas, Medicaid benefits and dream come true, and in an instant it school year. They wear school uni- housing. She helps Spanish-speaking was gone.’’ forms. Parents sign something akin to Mari-Rae Sopper is remembered for immigrants fill out English language a contract of mutual responsibility. her loyalty, strong values, excellent forms and devotes time every week to Teachers and administrators are given work ethic and spirit for life. She is helping families translate and pay freer reign to innovate and initiate. survived by her mother, Marion their bills. The attendance rate is nearly perfect. Kminek and stepfather, Frank Kminek, At some point, all of us need to look Parents are given a better chance to her father Bill Sopper, sister Tammy back and take stock of where we have help children fulfill their potential. and many loving friends. been and where we are going. Have we At this school the halls are filled None of us is untouched by the terror lived our lives in the service to others, with talented faculty, skilled super- of September 11th, and many Califor- or merely for ourselves? At the end of visors, and dedicated staff. Principal nians were part of each tragic moment the day, can we say with confidence Will Robinson challenges students and of that tragic day. Some were trapped that we did our best and worked to our empowers them to meet those chal- in the World Trade Center towers. fullest potential? lenges. When the East Side Charter School Some were at work in the Pentagon. I had the pleasure of meeting Sister And the fates of some were sealed as started 5 years ago, the odds were Rosa at La Red, a Hispanic health cen- stacked against its success. The school they boarded planes bound for San ter in Sussex County, DE, earlier this Francisco or Los Angeles. has flourished though, in spite of the year. I was struck by her boundless en- I offer today this tribute to one of daunting statistics. One of almost 200 ergy and kind heart. She offers people the 51 Californians who perished on public schools in the State of Dela- hope. Her dedication intensifies the that awful morning. I want to assure ware, from the wealthiest to those work of others, and pushes us to take the family of Mari-Rae Sopper, and the struggling the most, East Side Charter an introspective look at the purpose of families of all the victims, that their School was the only one in the last few our own lives. fathers and mothers, sons and daugh- years where every student tested met ters, aunts, uncles, brothers and sisters Mahatma Ghandi, one of Sister’s or exceeded our State’s standards in will not be forgotten.∑ idols, said in the 1920s, ‘‘If we are to math. f reach real peace in this world, we shall As Governor of Delaware, and now as have to begin with the children.’’ Senator, I have shared with people IN RECOGNITION OF SISTER ROSA Today his sentiments are seen in her across America the story of East Side’s ALVAREZ actions. incredible success. I tell them about ∑ Mr. CARPER. Mr. President, I rise the teachers like Barbara Juraco, who At a time when the face of our Na- today to recognize Sister Rosa Alvarez daily demonstrate unparalleled com- tion is in constant flux and the call to for her commitment to social service mitment and patience, the support service rings louder than ever, it is infor Delaware’s immigrants. She has staff that’s there when needed, the stu- dividuals like Sister Rosa who leave dedicated her life to opening doors to dents who again and again exceed ex- me feeling hopeful about our country’s families that otherwise might have pectations, and the parents and family future. It is she who brought many in been closed by language and cultural members who understand they have an the community to my office for assist- barriers. In doing so, she has become a obligation to be full partners in the lifeline for Georgetown’s Hispanic com- ance, she who is empowering commu- education of their children. Together, munity. nity leaders, she who is making a dif- they serve as an inspiration and an ex- In the last decade, Latino immi- ference with her infectious smile. ample to communities across the coun- grants have flooded Georgetown, trans- I rise today to honor and thank Sis- try. forming the ethnic and cultural back- ter Rosa for her selfless dedication to Delaware is a small State, but we are drop of southern Delaware. Sister Rosa the betterment of others. She is a rebuilding a growing record of achieve- has helped the community overcome markable woman and a testament to ment in public school education. State- language barriers so that they can the community she represents.∑ wide, scores have again increased in all

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00063 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7880 CONGRESSIONAL RECORD — SENATE August 1, 2002 grades and across ethnic lines for read- Military service runs in the New ations; liaison skills with civilian au- ing and math, proving that we are clos- York native’s blood. Lieutenant Colo- thority and interagency cooperation; ing the achievement gap. nel Burke’s father was a World War II resource integration; force protection Much of what we have accomplished Army Air Force navigator and bom- training; operational security enforce- in Delaware, and at the East Side Char- bardier, and his mother was an Army ment; communications security enter School, serves as a model for our nurse. Joining the U.S. Air Force in forcement; and risk management Nation. 1970, Lieutenant Colonel Burke carried skills. I rise today to offer my full support on the family tradition of military al- We must fully fund the National as future generations of students and legiance. Guard Counter Drug States Plans Pro- educators at East Side Charter School LTC John Burke marked his career gram. The National Guard’s success in ready to face the challenges of the 21st with consistent, exemplary leadership interdicting drugs and other contra- century and overcome them.∑ in service to his Nation, earning a rep- band contributes to the security of the f utation for loyalty, dedication, integ- Nation as a whole. Using my home IN RECOGNITION OF LTC JOHN rity, and honesty. Upon his retirement State as an example, Florida has valid BURKE’S RETIREMENT he leaves a legacy of commitment to support requests from law enforcement and community-based organizations ∑ freedom that generations will follow. I Mr. CARPER. Mr. President, I rise commend him for his remarkable serv- that would require approximately 250 today in recognition of LTC John ice and wish him the best in his future personnel. Under the constraints of the Burke upon his retirement from the endeavors. He is a patriot in every estimated fiscal year 2003 budget, the U.S. Air Force. John is the longest cer- sense of the word.∑ National Guard was able to field 111 tified C–5 pilot in the history of the personnel, resulting in unfunded re- U.S. Air Force, and has served his f quests for 139 personnel and an un- country with distinction for 32 years. NATIONAL GUARD COUNTER DRUG Since 1995, Lieutenant Colonel Burke funded requirement of 99 personnel STATE PLANS PROGRAM based on an optimal program size of 210 has served as Chief Pilot for the 709th ∑ Mr. GRAHAM. Mr. President, I rise Airlift Squadron at Dover Air Force personnel. In fiscal year 2002, the State today to commend the National Guard of Florida fielded 148 personnel, and un- Base. Assigned to overseas mission sup- and urge my colleagues to support the port, joint service exercises, humani- funded personnel requests totaled 102. National Guard Counter Drug States I am also a great believer in a bal- tarian relief, Presidential movement Plan Program. anced counterdrug program, both and aircrew training, he has been indis- The National Guard role is to provide interdiction and demand reduction. pensable to his squadron’s success. counterdrug and drug demand reduc- In his latest position, Lieutenant The National Guard does some of the tion support as requested by local, Colonel Burke was responsible for eval- finest demand reduction work in the State, and Federal law enforcement uating procedures and techniques that country. Young people look up to these agencies and community-based organi- ensured the safety and efficacy of the citizen-soldiers and listen to what they zations with a counterdrug nexus. The C–5 in its strategic airlift missions, as say. National Guard provides this support well as evaluating its pilots. Counterdrug personnel assigned to As you may know, the C–5 is the Air in consonance with the Office of Na- perform drug demand reduction activi- Force’s largest cargo aircraft, capable tional Drug Control Policy and Depart- ties utilize numerous military skills of quickly moving large numbers of ment of Defense guidance. including command, control and com- men, women and materiel to troubled The mission of the National Guard munication skills, tactical and stra- areas around the world. Counter Drug Program is to assist and tegic planning, liaison skills and train- The C–5 will ensure our military strengthen law enforcement and coming design and implementation skills. readiness for generations to come, as munity-based organizations in reduc- These assist communities with work will Lieutenant Colonel Burke’s legacy ing the availability of, and demand for, plans, realistic time lines and assigned of leadership and heroism. illegal drugs within the State and Na- responsibilities. This support is essen- Lieutenant Colonel Burke is a well- tion through professional military sup- tial for many community-based organi- rounded, seasoned officer with a record port. The principal elements of zations in order to mobilize and sustain for consistently combining effective counter-drug military support include their efforts. leadership and professionalism. He highly skilled personnel, specialized Additionally, the military value sys- leads by example—motivating people, technology, facilities, and diverse tem and discipline instilled in all making key decisions, producing re- types of military training and skills. counterdrug personnel creates a sig- sults and maintaining high morale. He Operationally, this translates into port nificant demand to serve as role mod- has amassed an impressive 7,400 flight security assistance, operating non- els and mentors supporting a wide hours and frequent accolades. intrusive inspection devices, aerial and array of prevention activities. Commu- Throughout his distinguished career, ground reconnaissance, technical sup- nity based prevention organizations Lieutenant Colonel Burke flew in vital port, general support, community anti- rely on National Guard personnel to in- missions and earned numerous decora- drug coalition support, youth drug corporate this unique military orienta- tions. In a career that spans three dec- awareness programs, and use of train- tion into activities such as youth ades, Lieutenant Colonel Burke has ing facilities. camps, ropes challenge courses, high served in significant military cam- The National Guard offers numerous adventure training, high school drug paigns, such as Nickel Grass, Desert military-unique skills to the education, Drug Education for Youth, Shield and Desert Storm, Operation counterdrug mission. These include lin- mentoring, and other prevention and Enduring Freedom, and Operation Just guist and translator support, investiga- skill training activities. Cause. tive case and analyst support, commu- The National Guard also provides On May 30, 1972, barraged by anti- nications support, engineer support, unique facilities and equipment such as aircraft fire flying over Southeast diver support, marijuana eradication armories, training sites, obstacle Asia, Burke landed in Song Be to de- support, transportation support, main- courses, aircraft and wheeled vehicles liver much needed fuel and ammuni- tenance and logistical support, cargo in support of community prevention tion to allied troops fighting hostile and mail inspection, training of law en- strategies. These facilities and equip- forces, earning the Distinguished Fly- forcement and military personnel, sur- ment are often the only resources ing Cross. Additionally, he has gar- face reconnaissance, and aerial recon- available to conduct youth camps, coa- nered numerous other medals and com- naissance. In addition, the National litions meetings or experiential learn- mendations, including the Meritorious Guard provides command, control, ing initiatives. The leadership skills Service Medal, the Aerial Achievement communications, computers, and infor- and military values embedded within Medal, the Humanitarian Service mation, C4I, integration; logistics plan- our youth hopefully provide a morale Medal, the Air Force Longevity Serv- ning; tactical and strategic operational foundation for future generations, as ice Award Ribbon, and Republic of and intelligence planning; the ability well as conveying to many thousands Vietnam Gallantry Cross. to support around-the-clock oper- of youth the value of military service.

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00064 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 1, 2002 CONGRESSIONAL RECORD — SENATE S7881 The National Guard Counter Drug remarkable, frustrating, rewarding, most passionate advocates and defend- States Plan Program benefits not only and exciting experience of their lives. ers. As a councillor, he helped Allston- the States, but also the Department of Emily will make certain of that. Our Brighton build a shining new library in Defense. The primary benefit is in- best wishes go out to the Boettger fam- Allston and a brand new Oak Square creased combat readiness, as well as ily on this most auspicious occasion.∑ YMCA facility in Brighton, which will significant Guard experience in Mili- f stand as two enduring symbols of the tary Operations Other than War, dedication he brought to elected office. IN MEMORIAM OF BRIAN HONAN, MOOTW, within the continental United As a leader on such initiatives as the COUNCILLOR, BOSTON CITY States and abroad. Service in the Allston-Brighton Area Planning Action COUNCIL counterdrug program also provides Council and the Allston-Brighton members with joint experience and ∑ Mr. KERRY. Mr. President, Tuesday Healthy Boston Coalition, Brian dem- inter-service cooperation skills for im- evening the Boston City Council lost onstrated his enduring commitment to mediate response to national emer- one of its most capable and well-liked helping children, seniors and families gencies. The National Guard, in many members, Councillor Brian Honan. I have an enjoyable and productive life. communities, is the only real connec- rise today to join with his family, con- From the classrooms of St. Patrick’s tion the public has to our armed serv- stituents and staff in mourning the High School to Boston’s courtrooms, ices. The visibility of uniformed Na- loss of this universally loved man. His Brian demonstrated a quiet strength tional Guardsmen provides a deter- brief time with us proved that politics that makes his premature departure all rence to the smuggling of drugs, arms, can make a difference in people’s lives, the more painful. Together with my explosives, weapons, aliens, and other that the values of a small neighbor- constituents across Boston, I treasure contraband, as well as direct support hood can help guide a city, and that in- the time we shared with him. I join for interdiction operations. tegrity and humility can transcend dis- with his family and friends in mourn- I can not say enough good things agreements and carve out common ing his passing.∑ about what the National Guard does ground. f for the State of Florida and the Nation. You don’t have to search far to see RECOGNITION FOR THE NATIONAL I am grateful that it appears we have what Brian stood for. There are two HEALTH CENTER WEEK 2002 avoided personnel reductions for fiscal structures in the Allston neighborhood year 2003, which we struggled through of Boston that stand as the pillars of ∑ Mr. JOHNSON. Mr. President, I rec- in fiscal year 2002, but I am concerned his dedication and commitment he ognize the National Health Center that we may have a funding shortfall brought to public service. The West Week that will be celebrated from Au- and personnel reductions in fiscal year End Boys and Girls House sits on the gust 18, to 24, 2002. Health centers pro- 2004. I urge my colleagues to review the opposite side of Ringer Park from Mary vide services to over ten million people great merits of the National Guard and Patrick Honan’s home on Gordon living in under-served areas through- Counter Drug State Plans Program, Street, and together these two build- out the United States, with about 50 given the National Guard’s integral ings symbolize the values of family and percent of the users being from rural role in both the National Drug Control community that guided Brian through areas such as South Dakota. It gives Strategy and Homeland Defense Strat- the public life he led and loved. me great pride to have been selected egy. Please help us fully fund and de- Prior to being elected to the Boston for the National Association of Com- ploy the National Guard for the protec- City Council in 1995, Brian served as a munity Health Centers’ ‘‘2002 Commu- tion of our United States.∑ Suffolk County Assistant District At- nity Super Hero’’ award which was pre- torney for six years under District At- f sented to me earlier this year. torney Ralph Martin. Brian coordi- Community health centers have a WELCOMING BOETTGER BABY nated the prosecution of 15,000 cases a long-standing history of providing ∑ Mr. CRAPO. Mr. President, I rise year in the Roxbury District and quality primary health care services to today to announce the birth of a fine through his dedication and tenacity medically under-served populations. young lady, Emily Copeland Boettger. rose to be a supervisor in both the Providing care to one of every 12 rural Emily is the first child of Scott and Roxbury and Dorchester District Americans, health centers provide Sally Boettger, and was born on May 8, Courts. Motivated by a fierce instinct medical attention to those who would 2002. Scott and Sally live in Hailey, to bring violent criminals to justice, otherwise lack access to health care. Idaho, and are active in natural re- Brian created fast-track prosecutions For less than one dollar per day, these sources and environmental issues in for domestic violence and gun-related health centers provide care to both in- the state. Scott serves as the Executive crimes and helped bring swift justice to dividuals and families. Today, there Directory of the Wood River Land those who put our families and commu- are 23 community health centers serv- Trust, and Sally serves as the Director nities in danger. ing 31,0000 individuals across my State of Development of The Nature Conser- Once sworn-in to the Boston City and I am working, along with the vancy in Idaho. I have spent time in Council in 1996, Brian served with dis- President and my colleagues in Con- the Boettger’s home and enjoyed their tinction as Chair of the City Council’s gress, to greatly increase the number expertise and experience in outdoor ac- Committee on Banking & Community nationwide. I am pleased, as a member tivities. I’m happy to report that Investment and the Committee on of the Senate Appropriations Com- mother, father, and baby are doing Residency. Through these committees, mittee, to have recently voted to in- well, although Scott and Sally are Councillor Honan co-sponsored an crease funding by $190 million for a probably getting used to fewer hours of order to provide relief from costly pre- total of $1.53 billion for the Nation’s sleep. scription drug costs for Boston’s sen- community health centers next year. Emily is the granddaughter of Cherry iors and helped increase housing and This funding level represents a $76 mil- and William F. Gillespie, III, of Wil- commercial opportunities by increas- lion increase over the President’s Fis- mington, DE, and Doug and Gail ing much-needed capital improvement cal Year 2003 budget request. Boettger of Spring City, PA. I know funds. Brian also fought for the Living A unique aspect of community health they join with me in sending best wish- Wage Amendment, sponsored legisla- centers allows them to individualize es and welcome greetings to young tion to preserve affordable housing for their center to met the specific needs Emily. seniors, and co-sponsored the Domestic of a particular community. By It is always a joyous event to bring a Partnership legislation. partnering with community organiza- new family member into the world. It is on the streets and in the homes tions, schools and businesses, health Emily has been much-anticipated and of Allston-Brighton where Brian’s most centers are able to best meet the has held a place in the hearts of her lasting achievements can be seen. After health care needs of individuals in each parents and family for many months becoming a member of the West End respective community. now as they have awaited her arrival. House when it first opened its Allston Let me also pay special recognition As the father of five myself, I know Street location in 1971, Brian stood to John Mengenhausen, Chief Execu- that Scott and Sally are in for a most with his older brother Kevin as its tive Officer of Horizon Health Care in

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00065 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7882 CONGRESSIONAL RECORD — SENATE August 1, 2002 Howard, South Dakota and the Na- RECOMMENDATIONS andria, VA. For over two years, he has tional Association of Community RECOMMENDATION 1 served as first the Deputy then the Health Care Center’s Board Chair, Scot Congress and federal health agencies Chief of Army Legislative Liaison Graff, Executive Director of the Com- should set a goal of reducing youth gun where he has proven himself to be a munity Health Care Association in homicide to levels comparable to those of trusted advisor to the Secretary of the South Dakota, and all of the staff at other industrialized nations, engaging in a Army and the Chief of Staff. the association for the fine work they comprehensive effort to identify the causes During his tour as the Chief of Army of youth gun homicide and reduce its preva- Legislative Liaison, he guided the do on behalf of South Dakota. Further- lence in American society. more, I want to commend all of the Army’s relationship with Congress, RECOMMENDATION 2 dedicated health care professionals in wielding a deft and skillful touch dur- the health centers throughout South Federal and state public health agencies ing a period of tremendous change. should make youth gun suicide a central Throughout this period, Joe Taylor Dakota who work day in and day out focus of their gun violence prevention and devoting their lives to delivering crit- ably assisted the Army’s senior leader- suicide prevention activities, developing and ship in dealings with Members of Con- ical health care to those most in need. assessing methods for keeping guns away Once again, it gives me great pleas- from youth at risk of suicide. gress and their staffs in helping them to understand the needs of the Army as ure to recognize the National Health RECOMMENDATION 3 care Center Week on behalf of the it faces the challenges of a new cen- Federal, state, and local public health and tury. His leadership resulted in cohe- South Dakota Community Health care law enforcement agencies should make a Association and the many thousands of commitment to collecting better data about sive legislative strategies, responsive- South Dakotans who may continue to gun-related fatalities and injuries by sup- ness to constituent inquiries, well-pre- benefit through this important pro- porting development of a national system for pared Army leaders and a coherent gram.∑ reporting violent deaths and injuries and a Army message to Congress. system for tracing all guns used in crimes. Joe Taylor’s career has reflected a f RECOMMENDATION 4 deep commitment to our Nation, which Policymakers, mental health profes- has been characterized by dedicated CHILDREN, YOUTH AND GUN sionals, and educators should develop, imple- selfless service, love for soldiers and a VIOLENCE ment, and evaluate treatment programs that commitment to excellence. Major Gen- ∑ Mr. LEVIN. Mr. President, ‘‘Chil- help youth exposed to gun violence cope with eral Taylor’s performance over twenty- dren, Youth and Gun Violence,’’ a re- trauma. seven years of service has personified port released last month by the David RECOMMENDATION 5 those traits of courage, competency and Lucille Packard Foundation, ques- Federal and state policymakers, in con- and integrity that our Nation has come tions the effectiveness of programs to junction with public health experts and edu- to except from its Army officers. The train children and young people to stay cators, should initiate creative public aware- Pentagon and the Army Secretariat’s away from guns, or behave responsibly ness and educational efforts—and evaluate loss will be the Army Security Assist- existing approaches—to encourage stronger around guns. The report states parents ance Commands gain, as Major General parental monitoring of children’s exposure Taylor continues to serve his country should instead focus their efforts on to guns and safe storage of guns in the home. keeping guns away from kids, except and the Army. On behalf of the United RECOMMENDATION 6 States Senate and the people of this under supervised circumstances. The Federal, state, and local policymakers problem of kids gaining access to guns great Nation, I offer our heartfelt ap- should develop and evaluate comprehensive, preciation for a job well done over the is not small. According to statistics community-based initiatives to reduce youth compiled by the Packard Foundation, gun violence—partnering with schools, faith past two years and best wishes for con- each year in the United States more communities, community service programs, tinued success, to a great soldier and than 20,000 children under age 20 are parents, and young people. friend of Congress.∑ killed or injured by firearms of which RECOMMENDATION 7 f more than 3,000 are killed. Police should complement their existing RETIREMENT OF ADMINISTRATOR These figures emphasize the need to efforts to deter youth gun carrying by devel- JANE GARVEY FROM THE FED- do all we can to keep kids from gaining oping and evaluating law enforcement ap- ERAL AVIATION ADMINISTRA- unsupervised access to guns. I cospon- proaches that include extensive police-community collaboration. TION sored Senator DURBIN’s Child Access ∑ Mr. ROCKEFELLER. Mr. President, Prevention Act because I believe it is a RECOMMENDATION 8 a little more than 5 years ago, the common sense step in this direction. Congress should extend the jurisdiction of the Consumer Product Safety Commission or Commerce Committee held a hearing Under this bill, adults who fail to lock to test the mettle of a nominee to head up loaded firearms or an unloaded fire- the Bureau of Alcohol, Tobacco and Fire- arms to regulate guns as consumer products, the Federal Aviation Administration. arm with ammunition could be held establish regulations requiring product safe- The nominee came to Washington from liable if a weapon is taken by a child ty features on guns, and evaluate the effec- her long-time home of Massachusetts and used to kill or injure him or herself tiveness of product safety interventions. to serve in the Federal Highway Ad- or another person. The bill also in- State governments should extend similar au- ministration, and her years of experi- creases the penalties for selling a gun thority to their consumer product safety agencies. ence in various modes of transpor- to a juvenile and creates a gun safety tation—primarily highways and air- RECOMMENDATION 9 education program that includes par- ports—made her a strong candidate for ent-teacher organizations, local law en- Congress and state legislatures should in- the FAA position. forcement and community organiza- stitute tighter restrictions on gun sales so At the time, Jane Garvey sat before that fewer guns illegally end up in the hands tions. I support this bill and hope the us as the first nominee to be appointed Senate will act on it. of youth. A variety of approaches should be implemented and evaluated—in particular, to a fixed, 5-year term to head the The Packard Foundation study closer oversight of licensed dealers, regula- FAA. For years, the position of chief of brings to light the importance of com- tion of private sales, and mandated licensing the FAA had served as a revolving mon sense gun safety legislation. It of gun owners and registration of guns.∑ door—with many well-qualified people, also offers nine recommendations to f but few able or willing to stay. The policymakers and parents to prevent lack of continuity left its mark on TRIBUTE TO MAJOR GENERAL JOE easy access to guns. I ask unanimous many projects—the headlines, often G. TAYLOR, JR. consent that the nine recommenda- from Congressional sources or the Gen- tions included in the Packard Founda- ∑ Mr. INHOFE. Mr. President, today I eral Accounting Office, usually read tion report, entitled ‘‘Children, Youth pay tribute to a great Army officer, ‘‘delayed and over budget.’’ That and Gun Violence,’’ be entered into the and a great soldier. This month, Major changed when Jane Garvey took the RECORD. General Joe G. Taylor, Jr. will depart reins of the FAA on August 4, 1997. There being no objection, the mate- the Pentagon to assume new duties as We knew that the FAA faced a rial was ordered to be printed in the the Commanding General, U.S. Army daunting task in rebuilding and mod- RECORD, as follows: Security Assistance Command in Alex- ernizing our air traffic control system

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00066 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 1, 2002 CONGRESSIONAL RECORD — SENATE S7883 and expanding our nation’s airports. accept shortcomings as inevitable. attendants—and the FAA Administrator. Over these last 5 years, we have Through her tireless support of many We’ve stopped defining ourselves by our com- watched and learned as Administrator of the important initiatives that we peting interests and started applying our- have worked on together, she has prov- selves to our common goals. Those goals Garvey testified countless times before haven’t changed: we’re focused, as ever, on numerous committees about the needs en to be not just a good administrator, safety, efficiency, and adding capacity. But of the agency and her future vision of but a good friend. the way we pursue our goals has been evolv- the FAA. Five years seems like along time in ing. We now pursue them as a community. The FAA Administrator’s job is one Washington, but perhaps it is too We acknowledge—even embrace—our inter- of the toughest in government. When short, for we will miss the strength and dependence. And that, in my view, has made things go right, no one notices; but character of Jane Garvey. Our country all the difference these past five years. when things go wrong, everyone owes her a great debt of gratitude for It’s certainly made a difference in the accident rate. Working together, we reduced the knows—and that is when the finger- profound dedication to our aviation system. accident rate for U.S. airlines by 29 percent pointing starts. Jane Garvey has han- over our baseline last year. We did so by dled this pressure with tremendous Finally, I would like to submit for agreeing on an unprecedented strategic plan grace and an uncommon resolve to im- the record some excerpts from a speech for safety—Safer Skies. We now base our pri- prove on the FAA’s core commitment Administrator Garvey recently deliv- orities on what the data, not the headlines, to safety. ered before the Aero Club of Wash- say. Through new partnerships like ASAP, Every day, over 35,000 commercial ington. Her remarks offer valuable per- the Aviation Safety Action Program, and by flights travel across our skies—safely spective and direction for all of us who sharing data, we can identify early warning and efficiently. During the last several work in and care about aviation policy. signs, intervene in targeted ways, and track the effectiveness of our efforts. I’m proud years, safety-related tragedies have Today, you could say that our nation’s economic engines run on jet fuel. The economic that we’ve met every annual target in the been the exception, not the norm. accident rate, and I’m confident that by 2007, Through Administrator Garvey’s lead- impact of aviation is so big it’s almost beyond measure. Revenues generated by air- we’ll reach our greater goal: reducing the ership and the dedicated staff of the ports like Chicago, O’Hare, Dallas/Fort commercial accident rate by 80 percent. FAA, we have come a long way to re- Worth, and Hartsfield Atlanta run in the bil- Over the past five years, we have met vamping the FAA’s mission, its organi- lions. U.S. aerospace industries have become many other imperatives of modernization zation, and its future. America’s leading exporter in the manufac- with the same determination. Since 1997, Today, there are major airport ex- turing sector. And as we were reminded so we’ve completed more than 7,100 projects, in- stalling new facilities, systems, and equip- pansion construction projects across painfully after September 11, tourist travel, which depends on the airlines, accounts for ment across the U.S. and integrating them the country, as we make room for an into the National Airspace System. We’ve expected 1 billion annual passengers by one out of seven jobs in America, and is among the top three employers in 29 states. done more than 10,000 upgrades of ATC hard- 2013. Thousands of new pieces of equip- In this era of globalization, technologies ware and software. Today, you can visit ment have been tried, tested, and in- like cable modems and cell phones make every one of our centers in America and stalled to increase the reliability and vital connections—still, they’re virtual con- won’t find a single piece of hardware that’s capacity of the air traffic control sys- nections. If you really want to reach the rest been around longer than I’ve been in this job tem. of the world, you’ve got to board a plane. (it only feels like a long time). Simply put, there is no globalization without With the FAA’s commitment to RNP— Jane Garvey has worked tirelessly which takes advantage of the aircraft’s capa- with all of us—the various segments of aviation. That’s why, on any given day, as many as 1.9 million Americans take to the bilities—we’re taking crucial steps in our the aviation community and the em- skies on one of 33,000 commercial flights. transition from a ground-based to a satellite- ployees of the FAA—to improve the Internationally, each year, that number is as based system, and toward safely handling performance of the FAA. In fact, Gov- high as 1.6 billion—more than one-fourth of more aircraft in less airspace. ernment Executive magazine’s pri- the people on this planet. I think the way we achieved all this is not vately run Federal Performance We chart our progress by numbers like less remarkable that what we’ve achieved. You know, it seems sort of obvious that Project Team gave the FAA high these—billions of passengers, billions in revenue, millions of tons of cargo, minutes (at when you’re designing new technological scores in its 2002 report card for im- most!) of delay. But, of course, it’s not just tools, you ought to consult the people—con- proving in all five management areas numbers that count. It’s people. It’s the trollers, technicians, pilots—who are going that it grades. Since its last report men, women and children who board our to use them. For too long, that just wasn’t card 3 years ago, Government Execu- planes every day—to attend a daughter’s the case. When new equipment arrived at the tive noted Administrator Garvey’s vast wedding; to leave for college for the first loading dock, it was a little too much like improvement of human resources man- time; to attend an important meeting on the Christmas Day—no one knew what was in- agement at the agency, and her signifi- other side of the world; or to visit a new side the box; the instructions were near im- grandchild just a short flight from home. possible to follow; and batteries were not in- cant progress in technology upgrades As I said in 1997, our first and most impor- cluded. and creating tools for accountability. tant priority was to make the world’s safest Today, everyone knows what to expect— Administrator Garvey’s tenure has skies even safer, in the face of dynamic in- and how to use it. When we develop new been marked by a tremendous improve- dustry growth, expanding demand, and pub- products and programs, we do it not only ment in labor relations at the FAA. lic concerns. And we had to modernize the with the users in mind, but at the drawing Her commitment to the 49,000 employ- nation’s air space system in a timely and board. ees of the FAA is well recognized, and cost effective way. From my first days in of- With all this new hardware and software, delays due to equipment are down 70 percent has contributed significantly to the fice, these have been my goals. Just as important, they have been yours as well. I be- from this time last year. A Eurocontrol re- productivity and achievement of the lieved then—and believe even more strongly port shows that the productivity of U.S. con- agency as a whole. She has established today, after the experience of these past five trollers is about twice as great as in Eu- a better working relationship with the years—that the only way to meet these chal- rope—and that our air traffic management is nation’s 20,000 air traffic controllers lenges is to face them together, government about twice as efficient. It’s true: you just than at any point over the past 20 and industry, pilots and air traffic control- don’t hear about outrages anymore. Instead, years. Indeed, the president of the Na- lers, labor and management the FAA and you hear about more direct routes, lower tional Air Traffic Controllers Associa- Congress. fuel consumption, and—let us not forget— Collaboration isn’t just a management better service for the men, women, and chil- tion recently identified her as the ‘‘fin- style; consensus isn’t just something to dren who entrust us with their air travel. Of est administrator in the history of the strive for. In aviation, they are essential ele- course, they’re less concerned with who’s FAA.’’ ments in any real plan for progress. As the using what technology than with getting to Since Jane Garvey took over at the pilot Lane Wallace has written: ‘‘In one their destination safely, swiftly, and FAA in 1997, I have had the oppor- sense we are all alone, whether in an air- affordably. These new efforts help them to do tunity to see her in action, and it has plane or on the ground, and we have final reso. been a pleasure to work with her on a sponsibility for whatever path we take It is this clear progress in air traffic man- number of issues of importance to West through life or the sky . . . [But] we under- agement that is so critical for aviation’s recovery from the one-two punch of the ter- Virginia and the nation. Her ‘‘can-do’’ stand that while we may fly solo, we are also all connected, and we need each other in rorist attacks and last year’s recession. spirit is infectious and has resulted in order to survive.’’ After an inevitable decline—in traffic, an agency that strives to improve on That’s true not only for pilots, but also for yields, revenue—we expect to see traffic re- past performances and does not blindly controllers, technicians, mechanics, flight turning to pre-recession levels next year.

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00067 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7884 CONGRESSIONAL RECORD — SENATE August 1, 2002 Those one billion annual passengers we’ve in reach. It is you who made it so; you who tinguished Flying Cross and several been projecting may not be in the departure created this moment of opportunity; you other awards and citations for his out- lounge just yet, but they’re on the way. De- who will carry us forward. Every time I visit standing service and leadership. mand will continue its historic rise—and a control facility or an airport, or talk to a For General Shaud, his retirement we’re determined to meet it. Transportation pilot, or see the launch of a new technology, Secretary Norm Mineta talks frequently I am impressed anew by your dedication and from the U.S. Air Force was just the about closing the gap between demand for professionalism. I am uplifted by your com- end of one career and the beginning of air travel and the capacity of our infrastruc- mitment to our mission. another. General Shaud moved on to ture. Whether or not we build it, they will I know my successor will count on your in- take on the responsibilities of the Air come. And as Phil Condit reminded us in re- sights and energies just as much as I have. Force Aid Society and then later, the cent speech. ‘‘Economic growth follows in- Because if one thing is clear to me as I leave Air Force Association, from which he frastructure.’’ office, it is that our roles, like our lives, are will now be retiring. Through it all, he That’s why the government and the avia- interdependent; our goals are inter- has continued to impress with his lead- tion community reached agreement last year connected. Modernization, for example, is de- on the Operational Evolution Plan, which, as pendent on the financial health of the indus- ership, creativity, personality, and in- you know, is the centerpiece of the FAA’s ef- try. Safety depends not only on new tech- genuity. He has been a role model for forts to build and expand infrastructure over nology but also on the century-old concern many and he will no doubt continue to the next decade. The OEP includes new run- of labor relations. Efficiency in the air has a inspire those with whom he comes into ways, new technologies, and new procedures. lot to do with security provisions on the contact. It’s not a wish list; it’s a set of marching or- ground. And so on. None of us is flying solo.∑ I would also point out that without ders—clearly setting out the responsibilities f him, Congressman Cliff Stearns and I of the FAA, airlines, and airports. These would have had a far more difficult ideas are meant for action. And we’re al- RETIREMENT OF GENERAL JOHN ready seeing what action can achieve. A. SHAUD time in our work to establish the Air Force Caucus. Look at Detroit. Detroit’s new runway ∑ opened last December. Overnight, the num- Mr. ENZI. Mr. President, as a Sen- Now it is time for General Shaud to ber of flights per hour that Detroit Metro ator from Wyoming and Chairman of move on to another adventure in his can handle jumped from 146 to 182 in good the Senate Air Force Caucus, one as- life. I do not know what he will be weather—a 25 percent increase. We’ve tar- pect of my public service that I truly doing, but I know he will be changing geted our efforts toward the worst bottle- enjoy is the opportunity to work with direction and heading off to face other necks in the system. The controllers among remarkable people who are more like challenges in the years to come. you have told me that conflict probe, now in family than coworkers and colleagues. Good luck, General Shaud, and God use at four en route centers, is the biggest On Capitol Hill, we all know each other improvement in the en route environment bless. May you have many years of an they’ve seen in their entire careers. It cuts and we all feel each other’s sorrows and enjoyable retirement and the good costs even as it cuts emissions. share in each other’s joys and tri- health to enjoy each day to the full- With results like this, I am more confident umphs. est.∑ than ever that we are going to meet our This is one of those occasions that f goal: increasing capacity by up to 30 percent brings both a touch of joy and sadness over the next ten years. We are already look- as we say congratulations and thank IN RECOGNITION OF THE LIFE OF ing at how we can accelerate initiatives and you at the same time that we bid fare- ALTON ARA HOVNANIAN reach for more capacity. ∑ The critical question—which we are al- well to someone who has devoted his Mr. TORRICELLI. Mr. President, a ready tackling with industry—is, ‘‘What’s life to the service of his country in the promising young life that began in New next? ’’ military and on the Hill, where he has Jersey just 14 years ago was tragically All of this progress flows directly from one made many friends among the staffs of cut short these few weeks past in a source: our spirit of community. It is incred- our offices. freak boating accident on my State’s ible to behold. I have seen it in so many We were fortunate that General otherwise-beautiful northern shore. ways on so many occasions during my five Shaud served as the Executive Director Alton Hovnanian only 14 was a rising years in office. And in all that time, the spir- of the Air Force Association. Before his it of community was never stronger than on and stellar member of the latest gen- September 11. Among the countless acts of acceptance of that post, he had eration of a great and good New Jersey heroism on that terrible day, history will amassed quite an impressive military family whose legendary hard work in record the way the aviation community career that began when he was com- the real estate industry created an pulled together, in the worst of cir- missioned into the United States Air American business enterprise of re- cumstances, to bring the planes down quick- Force in 1956. markable size and stature. ly and safely—and bring the system back up In his 50-year career General Shaud Now, sadly, in the cruelest alteration smoothly in the weeks that followed. has served in the field and at U.S. Air of fate, this same good family suffers We have realized more and more the potential of flight. We have mitigated more of its Force headquarters in Washington. His the greatest loss of all, the death of a risks. But in many ways, we’ve only begun. later Air Force assignments included child. And I would put before this Moving forward, our mission must be to Chief of Staff for Personnel for the U.S. Chamber today that this is a shared build on this foundation—and create a legacy Air Force, Commander of the Air loss felt within these Senate walls not worthy of our children. The next Adminis- Training Command at Randolph Air only because this kind of suffering is trator will face many challenges—some I’ve Force Base, and Chief of Staff of Su- too great for any family to bear alone, just discussed, and surely many new ones. preme Headquarters Allied Powers Eu- but that the untimely death of this One of the greatest will be the challenge of staying focused on modernization and safety, rope. He led and inspired those under young man represents the loss of the in the face of new security pressures. his command and excelled while gain- optimistic spirit and positive energy of For obvious reasons, security concerns will ing greater responsibilities. a young American mind. continue to command the headlines. They I would be remiss if I did not point Not preoccupied with self, often char- demand our attention and deserve our vigi- out that during his military career acteristic of this age, Alton Hovnanian lance. General Shaud was able to complete had an interest in and concern for oth- The FAA’s mission is just as important as the requirements for a Master of ers, a deep interest and concern for the ever. Not only the new administrator, but also all of us, must keep our focus on that. Science degree, which he received from workings of the U.S. Government, and The industry faces an additional challenge in George Washington University—my perhaps surprisingly, for those of us in providing a higher and higher level of service alma mater. He also has a doctorate this room. As a child of only 14, he was to its customers. I do not want to leave of- from Ohio State University and has largely unknown to us, but Alton fice without saying how grateful I am to served on the faculty of Air Command Hovnanian was a bright, good citizen of Presidents Bush and Clinton, and Secretaries and Staff College. my State and this country who I am Mineta and Slate, for entrusting me with Over the years, General Shaud has sure many of my colleagues would have this awesome responsibility. And I am grate- amassed more than 5,600 flying hours been delighted and inspired to know. ful to you for helping me, to the best of my abilities, to fulfill it. and piloted several dozen different air- Alton was certainly interested in us I took office on the cusp of a new century; craft. He was awarded the Distin- and knew many of our names, our ex- and depart with those new horizons, and the guished Service Medal, the Legion of pertise, our committees and concerns. new possibilities we foresaw, a little closer Merit with Oak Leaf Cluster, the Dis- Isn’t this an honor for us to now know

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00068 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 1, 2002 CONGRESSIONAL RECORD — SENATE S7885 that a 14-year-old New Jersey boy sat mington in 1813; originally called the TRIBUTE TO BG JAMES D. HITTLE, before his family room television set in Union Church of Africans, it is now USMC (RET.) Monmouth County and chose to turn known as the African Union Methodist ∑ Mr. WARNER. Mr. President, I rise the channel, not to a game show or sit- Protestant, AUMP, Church. It was today to pay tribute to BG James D. com, but to C-Span, the History Chan- founded by a former slave, Peter Spen- Hittle, USMC (retired) who was buried nel, and CNN in order to learn yet cer, and was built on land purchased at Arlington Cemetery on July 24, 2002. more about us and the work we do. with the help of Delaware’s Quaker I was privileged to serve with this How many young men and young community, which notably included distinguished military office and public women, boys and girls are there today, the station-master of the Underground servant in the Navy Secretariat during tuning in, attentive, and eager to learn Railroad, Thomas Garrett. the Vietnam war years. His main re- more about this Nation’s leadership Affectionately known as ‘‘Father,’’ sponsibilities were naval manpower and work? Unknown to us, Alton and formally as Bishop, Peter Spencer and reserve affairs, but his wisdom was Hovnanian was watching and I am hon- believed in the ‘‘twin’’ forces of edu- sought not only by me as the Under ored by his attention. If any of us won- cation and religion to empower and to Secretary of the Navy bust also by Sec- der why it is we get up in the morning, liberate African-Americans. The move- retary of the Navy John Chafee and remember this: there are 14-year-olds ment toward religious freedom was Secretary of Defense Melvin Laird. He like Alton watching us, and they care. closely linked with the anti-slavery remained my friend and valued adviser How powerfully inspiring it is for us to campaign, just as predominantly black throughout his life. remember the reach of the work af- churches in more recent times have I ask that the tribute to a great forded by our office. provided leadership in the civil-rights American General Don Hittle which Alton Hovnanian was not a head of movement and in the ongoing work to- was delivered at his funeral by General state or a captain of industry, though ward equality of opportunity. Paul X. Kelly, USMC (retired), the 28th he seemed certainly well on his way, as The Big Quarterly, also initiated in Commandant of the Marine Corps be the achievements in his young life were 1813, commemorates the founding of printed in the RECORD. many. Indeed, Alton set the standard the Mother AUMP Church, and honors The tribute follows: in his age group. With a lifelong love of Peter Spencer’s visionary leadership. A TRIBUTE TO BRIGADIER GENERAL JAMES D. boating and the water, especially the The festival combines worship with a HITTLE, USMC (RETIRED) New Jersey coastline near his home, cultural celebration and a sprit of re- Brigadier General James Donald Hittle— Alton earned the rights and privileges union, of renewing ties with family, devout Christian—great American—Marine of a full captain license and the highest friends and with a history of activism officer—gentleman and gentle man—loving scuba diving accreditation. He was the that continues to inspire us all. husband—caring father—always a friend in recognized leader in community serv- The history and spirit represented by need! the Big Quarterly are important to our Commissioned a Marine Second Lieutenant ice outreach efforts at the Rumson in 1937, Don Hittle was a ‘‘plank owner’’ Country Day School and was voted the identity and character as a community when Major General Holland Smith acti- ‘‘Most Likely to Succeed’’ by his peers and as a nation. It is an event that vated the 1st Marine Division for World War at that excellent institution at its mid- both reminds us of what has been over- II—was D–4 for the 3d Marine Division under dle school graduation just weeks ago. come, and challenges us to complete Major General Graves Erskine on Guam and Having traveled extensively with his the journey.∑ at Iwo Jima—and after the war commanded 2d Battalion, 7th Marines, in the Occupation family throughout much of the world, f Alton was comfortable in many dif- of North China. TRIBUTE TO HARRY QUADRACCI After serving his Corps for 23 years, Don ferent nations and maintained an ac- ∑ Mr. FEINGOLD. Mr. President, I pay Hittle’s future life could easily qualify him tive curiosity about other countries, as a quintessential ‘‘Renaissance Man.’’ cultures, traditions and cuisine. He tribute to a Wisconsinite who died He was Director of National Security and brought home, however, an ironclad in- tragically this week, but whose life and Foreign Affairs for the Veterans of Foreign sistence that things be right here at work will be long remembered. Wars; syndicated columnist for Copley News home, with concern for the comfort Harry Quadracci was many things: an Service; commentator for Mutual Broad- and care of our less fortunate citizens, entrepreneur, an innovator, a commu- casting System; Special Counsel for both the nity leader, a committed philan- Senate and House Armed Service Commit- and in the proper order of things with- tees; a founder and Director of the D.C. Na- in this Nation. thropist, and a dedicated husband and father. Harry lived an extraordinary tional Bank; Assistant Secretary of the Navy Alton Hovnanian represented the for Manpower and Reserve Affairs; Senior best of young America. He wanted the and exemplary life. The founder and Vice President for Pan American Airways; best for this Nation and for those president of Quad/Graphics, Harry consultant to the President of the Overseas around him. He was a loving son, a started from scratch, building a print- Private Investment Corporation; advisor to good citizen, a student of history and ing business which has become a domi- several Secretaries of the Navy and Com- government and a responsible leader nant force in the industry and the larg- mandants of the Marine Corps—and the list among his peers. He has honored all of est privately held business of its kind goes on and on and on. in North America. He brought thou- Colonel Don Hittle came into my life dur- us with his life. ing the summer of 1956, when Major General May we always remember him as his sands of jobs to Wisconsin and was re- Jim Riseley dragged me kicking and scream- father would, ‘‘Good sailor, brave cap- nowned as an outstanding employer. ing from a cushy tour in what was then the tain, dear friend, let your gentle spirit As a community leader, Harry leaves Territory of Hawaii to the labyrinthian cor- fill our sails.’’∑ a tremendous legacy to the Milwaukee ridors of Headquarters Marine Corps. As many of those here today will recall, this f area and to the entire State of Wis- consin. He and his wife Betty was the long, hot summer of Ribbon Creek, THE BIG QUARTERLY Quadracci pledged $10 million toward and Don Hittle was Legislative Assistant to ∑ Mr. BIDEN. Mr. President, each year the beautiful new addition to the Mil- Randolph McCall Pate, our 21st Com- mandant. I was a young, eager, starry-eyed on the last Sunday in August, a com- waukee Art Museum. They also gave Captain, very naive in the arcane world at memorative festival is held in Wil- generously to many other causes, in- the Seat of Government—but, I was soon to mington, DE. Known as the Big Quar- cluding the Milwaukee Repertory The- learn. My first lesson was a negative one— terly, or the August Quarterly, the fes- ater and the restoration of St. that a junior officer should never ask the tival celebrates the heritage of the Josaphat’s Basilica in Milwaukee. Legislative Assistant to the Commandant for independent black church movement, Harry Quadracci’s passing is a great a description of his duties and responsibil- and the continuing importance of the loss to all those who knew him and all ities. With that said, I did notice that every movement’s cultural, political and so- those whose lives were touched by his time Colonel Hittle came charging into Gen- many good works. I am deeply sad- eral Riseley’s office he closed the door be- cial, as well as religious, influence. hind him. While I readily admit to not being For us in Delaware, as for our Nation dened by his passing, but I know that a ‘‘rocket scientist,’’ I did surmise that there as a whole, the history is both proud his leadership and generosity have left were some ‘‘big time’’ discussions underway. and painful. The first fully independent a lasting mark on our State. He will be But, as the saying goes: ‘‘Nothing succeeds black church was founded in Wil- remembered for many years to come.∑ quite like success.’’ I was soon to learn that

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00069 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7886 CONGRESSIONAL RECORD — SENATE August 1, 2002 by working closely with the Congress, where leave this holy place—and let us pray that In his years of service to his commu- Members and their staffs knew him, re- one day we can live in a world where all of nity, in the District Attorney’s Office spected him, and trusted him, Don Hittle had its citizens are Semper Fidelis to each other. or as a City Councilor from Allston and ∑ effectively minimized the repercussions from Don Hittle would like that. Brighton, Brian never forgot his prin- Ribbon Creek. One senior member from the f House of Representatives was heard to say: ciples and ideals, never forgot those he ‘‘Don Hittle is the best damned Legislative RECLAMATION OF LA SIERRA served and the city he loved so well, Assistant the Marine Corps has ever had.’’ PARK and never forgot the need to fight for One could go on for hours, perhaps days, ∑ those who are unable to fight for them- about Don’s myriad contributions to his Mrs. BOXER. Mr. President, I rise to selves. There is no greater example of Country and his Corps. As an example, I share with the Senate a very special willingness to serve his fellow man could tell you how he more than any other and important story about a few home- than the life and legacy of Brian saved the Army Navy Club from extinction. town heroes who changed the face of an Senator John Warner, who is here with us Honan. entire neighborhood. A bright light in the Boston commu- today, could tell you that when he was Sec- La Sierra Park is in the heart of the retary of the Navy he never had a more nity was lost to us all on Tuesday but imaginative and dedicated Assistant Sec- La Sierra neighborhood in Riverside, the strength and power of that light retary. Joe Bartlett, the former House Read- CA. Two years ago, gangs came to fre- lives on in Brian’s legacy, and is a pow- ing Clerk and a retired Marine Corps Gen- quent the park, transforming this erful reminder to us all about what eral, could tell you how Don Hittle was re- small treasure into a place of crime public service is all about. He will be sponsible for the creation of the dynamic and fear. Playful interaction among dearly missed.∑ Congressional Marine Club. Incidentally, children was replaced with drug deal- Jim Lawrence, who is also with us today, ing. Residents were robbed and could f once said of this organization: ‘‘Congress cre- APPRECIATION FOR ated the Marine Corps—Congress has sus- not use the park unless they paid gang tained the Marine Corps—Congress has man- members an entrance fee. However, AMBASSSADOR MALEEHA LODHI dated the mission of the Marine Corps— when a woman was raped in the park in ∑ Mr. BIDEN. Mr. President, on behalf through this organization we are now bonded late 2000, local residents decided to of myself and my colleagues I would to each other forever.’’ fight back. like to place in the record a bipartisan In the end, however, all of his many other Marisol Ruiz and Araceli Moore, co- statement of appreciation for the out- contributions to his Country and to his be- founders of Friends of Myra Linn, led a loved Corps pale by comparison to what he going Ambassador of Pakistan, Dr. accomplished as a member of the renowned growing number of neighbors in the ef- Maleeha Lodhi. ‘‘Chowder Society’’, that elite group of bril- fort to take back the park. They passed Ambassador Lodhi has served her liant Marine officers who, in the aftermath out flyers, held Neighborhood Watch country with exceptional distinction. of World War II when the very life of our meetings and attended City Hall meet- Her prior experience as both an aca- Corps was threatened, insured that our exist- ings. They did everything they could to demic and a journalist has proved to be ence, our roles, and our missions were writ- gather support. a great advantage: she has always ar- ten into law. Don’s critical role in the sur- This project turned into ‘‘Operation vival of his Corps was best described by Gen- ticulated her government’s positions eral Merrill Twining when he inscribed his Safe Park.’’ City workers got volun- with the precision of a scholar and the book, No Bended Knee, ‘‘To: Don Hittle, Who teers to help transform the park back persuasive reach of a news analyst. saved our Corps.’’ There can be no doubt that into the treasure it once was. Volun- Perhaps most significantly, Ambas- our Corps we have today, with three active teers augmented police patrols at the sador Lodhi has served as a cultural divisions and wings written into law, owes an park, increased lighting and trimmed bridge. She has played an invaluable enormous debt of gratitude to Brigadier Gen- the foliage so criminals had nowhere to role in harmonizing the various goals eral James D. Hittle, USMC (Retired). hide. Soon, residents were enjoying a shared by Pakistan and the United Isn’t it ironic to remember that fifty-five soccer game and school dance perform- years ago certain groups, whose objectives States, goals ranging from advancing were inimical to the survival of our Corps, ance held at the park. It is clear that the international war on terror to de- were attempting to relegate us into insig- the park was back in the hands of the escalating tensions in South Asia. nificance. Today, with a lion’s share of the community. Moreover, Ambassador Lodhi has- by credit for making it possible going to Don The story of ‘‘Operation Safe Park’’ both her words and her personal Hittle, we have just heard that Jim Jones, shows what a neighborhood can do example- helped bridge the chasm of our 32d Commandant, is soon to be the Su- when it comes together for community misunderstanding between the United preme Allied Commander in Europe. Our improvement. I applaud Marisol Ruiz, States and the Islamic world. congratulations go to Jim—his Corps is very Araceli Moore and all those who proud—Don Hittle is very proud! Ambassador Lodhi’s mission has been Several years after my retirement, Don worked so hard to make a difference in to serve the people and nation of Paki- asked me to join him for lunch at his Army this neighborhood. In taking back this stan, and she has fulfilled that mission Navy Club. His purpose was to ask if I would park, these people made their neigh- superbly. But at this critical juncture, give his eulogy. I was honored beyond belief, borhood a safer and better place for Ambassador Lodhi has also been a but did not look forward to the day when it now and for future generations. Their great asset in furthering the common would become a reality. exemplary dedication and commitment interests not only of Pakistan and Before closing, let me share with you a ∑ story that Joe Bartlett told me last week. serve as an inspiration to us all. United States, but of many voices of Jinny and Joe are members of a Bible class f moderation, tolerance and progressive at their church. As a gesture of their love thinking all across the Muslim world. TRIBUTE TO BRIAN HONAN and caring for those who are terminally ill, Her presence here in Washington will the class prepares an audio tape for their lis- ∑ Mr. KENNEDY. Mr. President, on be sorely missed, and we wish her all tening. On one side they include the pa- Tuesday, Boston lost one of its great- the best on her return home.’’∑ tient’s favorite hymns, and, on the other, a est public servants, City Councilor medley of their favorite tunes. During Don’s f Brian Honan. Brian was raised in a last days with us—a time when he was under KING BISCUIT TIME heavy sedation—Joe swears that Don’s body family that held public service in the stiffened to attention every time the Ma- highest regard. He learned early in life ∑ Mrs. LINCOLN. Mr. President, ever rines Hymn was played. the value of community and the since it hit the airwaves one lunchtime In closing, let me remind you that Don strength of working together on a com- fifty-six years ago this November, lived by two simple words—words which have mon goal. In his brief life, Brian ‘‘King Biscuit Time’’ has profoundly given inspiration to our Corps for over 200 touched so many people in countless influenced the development and popu- years—Semper Fidelis—always faithful. Don Hittle was always: ways. The true measure of Brian’s con- larity of the blues. As the oldest and Semper Fidelis to his God. tribution to Boston and Massachusetts longest-running blues program on the Semper Fidelis to his Country. may never be known, but the life he radio, it helped promote the careers of Semper Fidelis to his Family. lived and the love he gave will live on bluesmen who pioneered this musical Semper Fidelis to his Corps. And, Semper Fidelis to his fellow man. in the hearts of his friends, his family style and later brought it from street In Don’s memory, then, let us share these and the city of Boston for years to corners and juke joints in the South to meaningful words with each other as we come. an international audience. And today,

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00070 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 1, 2002 CONGRESSIONAL RECORD — SENATE S7887 KFFA and Helena are even ‘‘must see’’ that time, and King Biscuit pianist [From the Fresno Bee, July 24, 2002] stops for Japanese and European tour- ‘‘Pine Top’’ Perkins gave him lessons CALLING IT A CAREER ists who want to learn about the cul- in his trademark boogie woogie style. JIM COSTA’S VALUABLE SERVICE IN THE STATE tural roots of the blues. The program also influenced other LEGISLATURE COMING TO AN END. ‘‘First things first,’’ recalls Sonny stations to put the blues on the radio. Democrat Jim Costa will make his polit- ‘‘Sunshine’’ Payne, the program’s host Its initial popularity convinced adver- ical curtain call next month at a testimonial for over eleven thousand broadcasts; tisers that the blues had commercial dinner that is expected to draw some of Cali- King Biscuit Time started when potential. ‘‘It was a major break- fornia’s most powerful politicians. It will be guitarist Robert Junior Lockwood and through,’’ explains folklorist Bill Fer- a fitting send-off recognizing a 24-year legis- harmonica player Sonny Boy lative career that began with youthful exu- ris, director of the Center for the Study berance and is ending with a record of ac- Williamson were told they would have of Southern Culture at Ole Miss; ‘‘King complishments that you’d expect from a sea- to get a sponsor to get on the air.’’ Biscuit Time was a discovery of an au- soned veteran. That was 1941, when Payne was a teen- dience and a market . . . that hitherto The dinner on Aug. 25 at the Fresno Con- ager cleaning 78 rpm’s and running er- radio had not really understood.’’ vention Center will bring together four of rands at KFFA. ‘‘They came to the sta- Across the Mississippi River from Hel- the state’s five living governors, along with tion one day and I showed them in to ena, radio station WROX put the San Francisco Mayor Willie Brown, the station manager Sam Anderson . . . he South’s first black deejay, Early former speaker of the Assembly. Costa has worked with all of them, gaining their resent them over to the Interstate Gro- Wright, on the air spinning blues and spect even when they were at political odds. cery Company and its owner Max gospel records in 1947. Upriver in Mem- Dinner proceeds will benefit the Kenneth L. Moore who had a flour called ‘‘King phis, station WDIA the next year be- Maddy Institute at California State Univer- Biscuit Flour . . .’’ came the first southern station with an sity, Fresno. Lockwood and Williamson became all-black staff, including a young musi- Costa understands better than most politi- the show’s original King Biscuit Enter- cian named Riley ‘‘B. B.’’ King, who cians the independent nature of Valley’s vot- tainers who advertised flour and corn got an early break as a deejay. And, in ers. First in the Assembly and then in the state Senate, he balanced the political inter- meal in Helena and the surrounding Nashville in the late forties, station Delta region; and after a lucky break, ests of the region as well as any legislator. WLAC reached nearly half the country He has championed the needs of agriculture Sonny Payne took over as program with its late-night blues and R&B and has fought to improve the Valley’s busi- host when the announcer lost his script shows. All of these programs and sta- ness climate. He also battled to improve the while on the air. The program was a tions owe an enormous debt to ‘‘King plight of the region’s many impoverished smash hit, thanks mostly to the play- Biscuit Time.’’ communities.∑ ing and on-air presence of harp player And today, the legacy of the show f Williamson. He became so popular that continues, with blues programs heard THE RETIREMENT OF RIVERSIDE the sponsor named its product ‘‘Sonny on radio stations across the U.S., the COUNTY SHERIFF LARRY SMITH Boy Corn Meal’’ and he was, and still recordings of the many ‘‘King Biscuit ∑ is, pictured, smiling and with his har- Entertainers,’’ and the yearly King Mrs. BOXER. Mr. President, I rise to monica, on a burlap sack of his own Biscuit festival in Helena celebrating reflect on the distinguished career of brand of meal. the city’s cultural heritage and signifi- Riverside County Sheriff Larry Smith, Williamson was a musical pioneer in cant role in developing and promoting who will retire later this year. Sheriff his own right. He was one of the first to the blues.∑ Smith is also the immediate past presi- make the harmonica the centerpiece in dent of the California State Sheriff’s a blues band. His unique phrasings, f Association. The people of Riverside compared by many to the human voice, County, his colleagues and admirers IN RECOGNITION OF CALIFORNIA influenced countless harp players. will celebrate his career on August 9. STATE SENATOR JIM COSTA FOR His partner, Robert Junior During Sheriff Smith’s extraordinary TWENTY-FOUR YEARS OF PUB- Lockwood, stepson of the legendary 36-year record of service to law en- LIC SERVICE. Robert Johnson, also influenced the forcement, he has held numerous posi- blues style. A fan of big band jazz, he ∑ Mrs. BOXER. Mr. President, I rise tions and has achieved many important incorporated jazzier elements into the today to bring to the Senate’s atten- accomplishments. He served as River- blues, often playing the guitar with his tion the exemplary achievements and side County’s Search and Rescue Coor- fingers. outstanding service of State Senator dinator and commanded the Depart- As years passed, the duo expanded Jim Costa of Fresno, California. ment’s SWAT team before working as into a full band, including piano player Senator Jim Costa will retire this chief deputy sheriff. Thanks to Sheriff ‘‘Pine Top’’ Perkins, Houston year after twenty-four years of service Smith’s leadership and vision during Stackhouse and ‘‘Peck’’ Curtis, and in the California State Legislature. I his tenure as chief deputy sheriff, the musicians who played on the show also am pleased to honor Senator Costa for Riverside County Corrections system is advertised local appearances that gave his outstanding leadership and service one of the largest in the United States. them more work. and add my voice to the special rec- Sheriff Smith was elected to serve as With the success of ‘‘King Biscuit ognition and the outpouring of admira- Riverside County Sheriff in 1994 and Time,’’ Helena soon became a center tion from throughout California. was reelected to serve a second term in for the blues. It was a key stopping off In his many years of public service, 1998. During Sheriff Smith’s tenure, point for black musicians on the trip Senator Costa has been dedicated to Riverside County saw a dramatic de- north to the barrooms and clubs of Chi- serving the Central Valley. Senator crease in crime. Sheriff Smith was in- cago’s South and West sides. Already, Costa is also well known for his sense strumental in the creation of the Ben in the thirties, the town had seen the of honor, purpose and teamwork that Clark Public Safety Training Center. likes of pianist Memphis Slim and Hel- made him so effective in the California He collaborated with federal, state and ena native Roosevelt Sykes, as well as State Legislature. local legislators to establish the facil- guitarists Howlin’ Wolf, Honeyboy I am honored to congratulate him on ity, which provides valuable training Edwards, and Elmore James. And when his many accomplishments over more for law enforcement officers, fire- the program went on the air, it helped than two decades of service. I wish Sen- fighters and paramedics. As I have seen shape the early careers of many an as- ator Costa the best in his future en- for myself, it is truly a model for pub- piring musician. ‘‘Little Walter’’ Ja- deavors. I know he will continue to lic safety training centers throughout cobs and Jimmy Rogers, who later make outstanding contributions to the the nation. played with Muddy Waters, came to people of California. I ask that excerpts In addition to his tremendous com- live and learn in Helena in the mid- from the Fresno Bee Editorial from mitment to his career, Sheriff Smith is 1940’s. Muddy Waters also brought his July 24, 2002 be printed in the RECORD: an exemplary community leader. He band to Helena to play on KFFA and in There being no objection, the mate- has been active in the American Heart bars in the area. Teenager Ike Turner rial was ordered to be printed in the Association, the United Way of the In- first heard the blues on KFFA around RECORD, as follows: land Empire and the Debbie Chisholm

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00071 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7888 CONGRESSIONAL RECORD — SENATE August 1, 2002 Memorial Foundation, an organization None of us is untouched by the terror with the Senate the memory of one of dedicated to improving the quality of of September 11, and many Californians my constituents, Carolyn Beug, who life for terminally ill children. were part of each tragic moment of lost her life on September 11, 2001. Mrs. I am proud to add my words of com- that tragic day. Some were trapped in Beug was 48 years old when the plane mendation to the praise and recogni- the World Trade Center towers. Some she was on, American Airlines Flight tion Sheriff Smith has received were at work in the Pentagon. And the 11, was hijacked by terrorists. As we all throughout his respected career. I ex- fates of some were sealed as they know, that plane crashed into the tend to him my sincere congratula- boarded planes bound for San Fran- World Trade Center, killing everyone tions for his countless contributions to cisco or Los Angeles. on board. the force and to the broader commu- I offer today this tribute to an Amer- Carolyn Beug and her mother, Mary nity. Riverside County is a safer and ican who perished on that awful morn- Alice Wahlstrom, were traveling to- better place because of his fine leader- ing. I want to assure the family of gether on that tragic day. They were ship. Although Sheriff Smith will be Mary Alice Wahlstrom, and the fami- returning to their homes after having greatly missed, his work continues to lies of all the victims, that their fa- settled Mrs. Beug’s twin daughters at benefit Riverside County. I wish him a thers and mothers, sons and daughters, the Rhode Island School of Design. wonderful retirement.∑ aunts, uncles, brothers and sisters will This American family lost two dearly ∑ f not be forgotten. beloved women on September 11th. f Their story is one of a commitment to IN MEMORIAM: MARGARET love conquering hate, even in the face WAHLSTROM IN RECOGNITION OF THE CITY OF VISALIA AND THE COUNTY OF of unimaginable sorrow and loss. ‘‘The ∑ Mrs. BOXER. Mr. President, I would TULARE’S SESQUICENTENNIAL one thing those terrorists cannot de- like to take this opportunity to share ANNIVERSARY stroy is love. They cannot destroy the with the Senate the memory of Mary love we have in this family, and the ∑ Alice Wahlstrom, who lost her life on Mrs. BOXER. Mr. President, I rise love people have for each other,’’ says September 11, 2001. Mrs. Wahlstrom today to commemorate the 150th Anni- Margaret Wahlstrom, Carolyn Beug’s was 78 years old when the flight she versary of the City of Visalia and sister-in-law. was on, American Airlines Flight 11, Tulare County, California. The City Mrs. Beug, the daughter of an Air was hijacked by terrorists. As we all and the County are celebrating their Force colonel, was a citizen of the know, that plane crashed into the official anniversaries together on Sep- world. She grew up in many places, in- World Trade Center, killing everyone tember 7, 2002 at historical Mooney cluding Pennsylvania, South Korea and on board. Grove Park. Utah. Carolyn Beug was a successful The City of Visalia and the County of Mrs. Wahlstrom and her daughter, accountant, CFO, and real estate devel- Tulare were both organized in 1852. The Carolyn Beug, were traveling together oper. She was a music industry execu- on that tragic day. They were return- State of California was two years old. Visalia started as a small, creekside tive, music video producer and direc- ing to their homes after having settled settlement and has grown into the dy- tor. Mrs. Beug helped establish a cen- Mrs. Beug’s twin daughters at the namic community it is today. Com- ter for underprivileged children in Los Rhode Island School of Design. This monly referred to as ‘‘Jewel of the Val- Angeles and won the 1992 MTV Video of American family lost two dearly be- ley’’ and ‘‘Gateway to the Sierra,’’ the Year award for directing a video by loved women on September 11. ‘‘The Visalia is now home to more than the rock group Van Halen. She was the one thing those terrorists cannot de- 92,000 residents. It is renowned for its wife of John Beug and mother of stroy is love. They cannot destroy the great Valley Oaks that grace its neigh- Lauren, Lindsay and Nicky. In 1998, love we have in this family, and the borhoods, reminders of the natural her- Mrs. Beug left the music industry to love people have for each other,’’ says itage of which its residents are so write a book and to devote more time Margaret Wahlstrom, daughter-in-law proud. to her family. of Mrs. Wahlstrom. Tulare County, anchored on the east When her daughters joined the Santa Mary Alice Wahlstrom was traveling by spectacular Sierra Nevada peaks, Monica High School Track Team, Mrs. throughout Europe as a young socialite Giant Sequoia groves and fertile plains, Beug became actively involved as the until she met, and fell in love with, which make it the number one agricul- team mother. She was affectionately Norman Wahlstrom, Senior. He was a tural county in the world, is also one of known as ‘‘Momma Bunny’’ and she at- World War II hero and like most Air the largest counties in the great San tended every meet, cheering on the Force families, they moved many Joaquin Valley. It is home to Sequoia team and purchasing new shoes, uni- times. They raised five children to- and Kings National Park and the Giant forms and sweats when needed. At the gether, finally settling in Utah, where Sequoia National Monument. Its resi- end of every season, she hosted the Mary Alice became a loan officer. dents range from its Native Americans team banquet at the Beug family Mrs. Wahlstrom shared a zest for life to dozens of nationalities from all cor- home. ‘‘She always called the kids on with those around her. She is remem- ners of the globe, making its commu- the team ‘‘my little bunnies,’’ recalls bered as a vibrant, exuberant woman. nities diverse and proud of their shared her husband, John. One neighbor called her, ‘‘dynamic, heritage. ‘‘Such an electric and peripatetic with a wonderful outlook on life.’’ She Both the City of Visalia and County personality leaves an impression wher- loved to laugh. Mrs. Wahlstrom exer- of Tulare have thrived since their early ever she goes, whether that’s a cor- cised daily, played the piano and volun- beginnings. I have had the distinct porate boardroom, a movie studio, a teered as an usher at Temple Square. pleasure of visiting both the city and children’s shelter, a high school sta- She enjoyed reading, traveling, debat- the county over the years. Both are dium, or a home on a quiet tree lined ing current events and going to the truly valuable assets to the State of street. The impressions she left, a movies. ‘‘She was a ball of fire. She was California. bright smile, a heartfelt belly laugh, a 78 when she died, but she could have I am honored to serve the people of nugget of wisdom, an odd take on a lived another 25 years. I have no doubt Visalia and Tulare County and wish song, a whispered secret, a motherly about it,’’ says her son Scott them all a wonderful sesquicentennial embrace are permanent,’’ adds John Wahlstrom. anniversary celebration. I encourage Beug. During the opening ceremonies of the my colleagues to join me in wishing None of us is untouched by the terror 2002 Olympic Games, her son, Norman the City of Visalia and Tulare County of September 11th, and many Califor- Wahlstrom, Jr., carried the Olympic many more years of prosperity. nians were part of each tragic moment torch in Ogden, Utah, in honor of his I yield the floor.∑ of that tragic day. Some were trapped mother. ‘‘As with every boy that ever f in the World Trade Center Towers. lived, my mother was a shining exam- Some were at work in the Pentagon. ple of hope and promise. She had a IN MEMORIAM: CAROLYN BEUG And the fates of some were sealed as wonderful, perpetual smile and con- ∑ Mrs. BOXER. Mr. President, I would they boarded planes bound for San tagious laugh,’’ says Wahlstrom. like to take this opportunity to share Francisco or Los Angeles.

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00072 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 1, 2002 CONGRESSIONAL RECORD — SENATE S7889 I offer today this tribute to one of 51 were part of each tragic moment of agers were selected through their par- Californians who perished on that that tragic day. Some were trapped in ticipation in the American Legion Aux- awful morning. I want to assure the the World Trade Center towers. Some iliary’s Girls State program. I would family of Carolyn Beug, and the fami- were at work in the Pentagon. And the also note that Alabama Girls State lies of all the victims, that their fa- fates of some were sealed as they celebrated its 60th anniversary this thers and mothers, sons and daughters, boarded planes bound for San Fran- year, making its program one of the aunts, uncles, brothers, and sisters will cisco or Los Angeles. oldest in the country. not be forgotten.∑ I offer today this tribute to one of The Girls State and Girls Nation pro- f the 51 Californians who perished on grams of electing senators and creating that awful morning. I want to assure state legislatures and local govern- IN MEMORIAM: CHRISTOPHER the family of Christopher Cairo Newton ments is an extraordinary learning CAIRO NEWTON and the families of all the victims, that process. Participants in Girls State and ∑ Mrs. BOXER. Mr. President, I would their fathers and mothers, sons and Girls Nation, and their counterparts in like to take this opportunity to share daughters, aunts and uncles, brothers Boys State and Boys Nation, gain first- with the Senate the memory of one of and sisters, will not be forgotten.∑ hand experience in how our laws are my constituents, Christopher Cairo f made. Each summer, some 20,000 enthu- Newton, who lost his life on September siastic young women participate in 11, 2001. Mr. Newton was 38 years old TRIBUTE TO JOHN E. BREWER Girls State sessions across the nation, when the plane he was on, American ∑ Mr. JOHNSON. Mr. President, I rise where they study local, county, and Airlines Flight 77, was hijacked by ter- today to pay tribute to John E. Brewer state government processes. These rorists. As we all know, that plane of Rapid City, SD, on the occasion of young people are our leaders of tomor- crashed into the Pentagon, killing ev- his retirement as president of Rush- row, and I salute them for their inter- eryone on board. more Bank and Trust in Rapid City. est in government. Former partici- Mr. Newton’s life was filled with The people of the Rapid City area share pants in Girls State include three cur- many wonderful and impressive accom- my pride in John’s accomplishments, rent members of the U.S. House of Rep- plishments. He was a successful busi- and I know they join me in congratu- resentatives-Barbara Cubin of Wyo- nessman and world traveler who loved lating him on his retirement after a ming, Connie Morella of Maryland, and the performing arts and music, the distinguished 32 year career in the Jennifer Dunn of Washington. Perhaps game of golf, and any home improve- banking industry. one day we may see Kasdin and other ment project he could find. He became Throughout his career, John has Girls Nation participants on the floor an Eagle Scout at 14, graduated from worked to provide financial opportuni- of the Senate and House. Cal Poly San Luis Obispo with high ties for South Dakotans. For the past Kasdin, a rising senior at the Mont- marks and earned his CPA. After com- 16 years, John has guided Rushmore gomery Academy, also had the high pleting his MBA at UCLA’s Anderson Bank and Trust in new and innovative honor of being elected Governor of the School, he was named President and directions. John has also helped guide Alabama YMCA Youth in Government CEO of Work/Life Benefits. the entire banking profession in South program. I enjoyed meeting her when Close family friend Steven Falk said Dakota by serving as a past president she came to Washington as Alabama’s there was nothing in the world that of the South Dakota Bankers Associa- Youth Governor in June. She has been Christopher cared more about than his tion. John came to South Dakota in a leader on her school’s debate team children. Christopher, his wife Amy the same year I was first elected to and earned a spot in the national tour- and two children Michael and Sarah Congress. During my years in Congress nament this year. She excels in the had recently moved from Southern and now as the Chairman of the Senate classroom as well. Kasdin is an intel- California to the Virginia suburbs out- Banking Subcommittee on Financial ligent young lady who has a bright fu- side of Washington, DC. He was in the Institutions, I have relied on John’s ture, and she is to be commended for process of relocating company head- vast experience and knowledge of the her achievements. Indeed, I congratu- quarters to Virginia, a move that banking industry to help guide my de- late all of the participants in both would put the company closer to key cisions on important policy matters. Girls Nation and Boys Nation for their customers and allow Christopher to In addition to his professional dedica- accomplishments and encourage them spend more time with his family. tion, John is a true leader in the Rapid to continue to prepare themselves to be Christopher loved to attend school City community and has earned the re- America’s future leaders.∑ functions, coach his son’s little league spect and friendship of so many of us f team, or just have a quiet dinner at fortunate to spend time with him. John home with his wife and children. has served as the chairman of the APPRECIATION FOR A JOB WELL Mr. Newton was also close to his par- Rapid City Area Chamber of Com- DONE ents and siblings. His father Michael merce, president of the Children’s ∑ Mr. SESSIONS. Mr. President, I said ‘‘He was very bright. An avid golf- House Society, and president of the would like to just take a brief moment er, a great skier, a champion Scrabble Mount Rushmore History Association. of the Senate’s time to commend the player. He never gave us a moment’s John represents the goodness and dili- interns who have worked in my office trouble in his life.’’ His brother Ste- gence that we find in so many South this summer and express my heartfelt phen says that ‘‘Chris taught me to be Dakotans, and I wish him well for a gratitude and appreciation for their patient and hopeful and to always play long and happy retirement.∑ dedication to public service. by the rules.’’ f Therefore I would like to commend: It is clear that Mr. Newton was seri- David Abroms; Matt Anderson, Peyton ous, intense and committed to his re- HONORING KASDIN MILLER ON Bean, Rebecca Beers, Gabe Bonfield, sponsibilities. Yet he was always able HER ELECTION AS PRESIDENT David Burkholder, Katie Cassady, to laugh at himself. A quote from a OF GIRLS NATION Robin Cooper, Mary Alise Cosby, Emily friend says it best. ‘‘He was confident ∑ Mr. SESSIONS. Mr. President, last Costarides, Mary Katherine Davis, Lyle with no airs, loving with no expecta- week I had the honor of swearing in the Dubois, Will Dumas, Beth Fanning, tions, giving with no greed, funny with American Legion Auxiliary Girls Na- Ben Ford, Jonathan Hooks, Jonathan no offense.’’ tion president. I am proud to announce Macklem, Molly McKenzie, Christy Christopher is survived by his wife that Kasdin Miller of Montgomery, Olinger, Blake Oliver, Matt Peterson, Amy, their two children Michael and Alabama, was elected president by the Craig Pittman, Jr., Melanie Rainey, Sarah, his parents Michael and Barbara other participants in this fine program. Walker Rutherfurd, Anna Smith, Newton, sister Ann-Elisabeth, brother Three of the last six presidents of Girls Austill Stuart, Jason Wells. Stephen, an aunt, cousins, nieces, a Nation have come from my home State All of my interns worked very hard nephew and a close circle of friends. of Alabama. Girls Nation celebrated its and produced great work products, and None of us is untouched by the terror 56th year this year, and 96 teenage girls I just wanted to take a minute of the of September 11, and many Californians from 48 states participated. These teen- Senate’s time to thank them for their

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00073 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7890 CONGRESSIONAL RECORD — SENATE August 1, 2002 service and their parents for providing Astronaut Carl E. Walz, a Colonel in crews under the authority of Paul Hef- them the opportunity to come up here the U.S. Air Force, was born in Cleve- ner, fire commander for the Grizzly and serve their country.∑ land, OH. He and his wife, the former Gulch blaze. As fire crews battled f Pamela J. Glady, have two children. flareups and constructed fire lines to Walz has received numerous Distin- control the fire, high winds kept crews TRIBUTE TO ASTRONAUTS WALZ guished Service medals, including the alert for what firefighters refer to as AND BURSCH OF ISS EXPEDITION 4 Defense Superior Service Medal, three slop-over, flames jumping the line and ∑ Mr. VOINOVICH. Mr. President, I NASA Space Flight Medals, and the burning out ahead of the fire line. rise today to recognize and pay tribute NASA Exceptional Service Medal. South Dakotans responded. Volun- to Astronauts Colonel Carl E. Walz and Astronaut Daniel W. Bursch, a grad- teer firefighters from 60 community Captain Daniel W. Bursch for their sig- uate of the U.S. Naval Academy and a fire departments from as far away as nificant contributions and record-set- Captain in the U.S. Navy, considers Sioux Falls descended on the region. ting accomplishments as part of the Vestal, NY to be his hometown. He and After the fires were contained, Dead- International Space Station’s Expedi- his wife, the former Roni J. Patterson, wood sponsored a night of festivities to tion 4 Crew. have four children. Captain Bursch also thank the hundreds of firefighters who Astronauts Walz, Bursch, and Expedi- has received recognition for distin- battled the Grizzly Gulch fire and tion Commander and Russian cosmo- guished service, including the Defense saved the town of Deadwood. The naut Yuri Ivanovich Onufrienko de- Superior Service Medal and NASA town’s round of applause and apprecia- parted from Kennedy Space Flight Cen- Space Flight Medals. Bursch has over tion spoke for the entire State’s grati- ter on December 5, 2001, for what be- 3,100 flight hours in more than 35 dif- tude for the bravery of our community came a 61⁄2 month stay aboard the ferent aircraft and has logged a note- firefighters. International Space Station. The crew worthy 227 days in space. At the fire’s peak, over 900 fire- of three spent 196 days in space, with On behalf of my colleagues on both fighters fought the Grizzly Gulch fire, Carl Walz and Dan Bursch establishing sides of the aisle, I thank astronauts putting themselves in harm’s way to a new U.S. space flight endurance Carl Walz and Dan Bursch for their save the towns of Lead and Deadwood. record. The previous U.S. record be- courage, commitment and contribu- Through their selfless action, the com- longed to Astronaut Shannon Lucid, tions in service to the United States of munity and State firefighters of South who spent 188 continuous days in space America.∑ Dakota reaffirmed that during a crisis aboard the Russian Mir Space Station. f South Dakotans speak with one voice. With four previous flights and his Ex- I would like to add my voice and say IN RECOGNITION AND APPRECIA- pedition 4 mission, Astronaut Walz also thank you to the men and women who TION OF THE EFFORTS OF established a new U.S. record for the served us so proudly last month.∑ SOUTH DAKOTA’S COMMUNITY most days in space, with a total of 231 f days, surpassing Dr. Shannon Lucid’s FIRE DEPARTMENTS TO CON- record of 223 days. TAIN THE GRIZZLY GULCH AND TRIBUTE TO VADAM THOMAS R. We look to our Nation’s space pro- LITTLE ELK CREEK FIRES WILSON, USN gram to improve life here on Earth and ∑ Mr. JOHNSON. Mr. President, I ∑ Mr. WARNER. Mr. President, it is explore the unknown. We also look to- want to recognize the heroic efforts of with great pleasure that I rise today to ward the future, to the time when we over 60 South Dakota community fire pay tribute to a great sailor, patriot, will extend life beyond the bounds of departments and the State of South husband and father, VADM Thomas Earth. On February 20, 2002, while Dakota’s Wildland Fire Suppression Di- Ray Wilson. By the time we return aboard the International Space Sta- vision in responding to recent forest from our August recess, this great sail- tion, the Expedition 4 crew spoke with fires in the Black Hills. Their work was or will have officially retired from ac- Ohio’s former Senator and NASA pio- heroic, professional, and saved several tive service on August 30, 2002, having neer, John Glenn, who was the first Black Hills communities from com- faithfully and loyally served his coun- American to orbit the Earth 40 years plete devastation. try around the globe for over 33 years. ago. On Saturday, June 29, 2002, a forest Admiral Wilson ends his active service We have come a long way in the U.S. fire broke out in Grizzly Gulch, south having served at the pinnacle of mili- space program, and our future discov- of the town of Lead, SD, and near the tary intelligence as the 13th Director eries are limited only by our imagina- town of Deadwood. Steep, rugged hills of the Defense Intelligence Agency. tion and commitment. We must give and unstable terrain crisscross the Born in Columbus, OH, Admiral Wil- special recognition to our Astronauts Black Hills impeding efforts to control son is a 1968 graduate of Ohio State whose personal and professional com- the early stages of a forest fire. By Sat- University. He joined the Navy at the mitment to live and work in space con- urday evening, fire had crept within a height of the Vietnam conflict, and re- tinues to break barriers and thresh- few hundred yards of the historic city ceived his commission as an ensign in olds. of Deadwood and in some instances March 1969, following completion of While on the International Space flames literally touched the sides of Navy Officer Candidate School in New- Station, in addition to maintaining, houses. Ninety-degree temperatures, port, RI. operating and performing research ex- high winds, and low humidity levels Throughout his extraordinary mili- periments, the Expedition 4 crew in- fueled the fires run up ridges and en- tary career Admiral Wilson distin- stalled the S-zero truss segment. The gulfed thousands of acres in a matter guished himself as a candid innovator, S-zero truss forms the backbone of the of hours. If it had not been for the a patient, creative teacher; and a great Station which will eventually hold the quick reaction and professionalism of leader. His early assignments included four solar array ‘‘wings’’ of the U.S. the South Dakota Wildland Suppres- watch officer and analytical and com- segment. The crew tested the new sion Office and the men and women mand briefing positions in the Taiwan Quest Airlock and performed the first who established a fire line between Defense Command in Tapei, Taiwan, spacewalk from it without the Space Deadwood, the city could have wit- and in the Defense Intelligence Agency. Shuttle present. The crew also was the nessed a catastrophic fire. Subsequent duties ashore and afloat in- first to use the Space Station Robotic Within a few hours Joe Lowe, the cluded assignment on the USS Kitty Arm as a ‘‘cherry picker,’’ maneu- Grizzly Gulch Incident Commander, Hawk; as the operational intelligence vering space walkers ‘‘flying’’ on the had marshaled over 250 personnel, in- officer with the Iceland Anti-sub- end of the arm during spacewalks. cluding several hand crews, 7 heavy air marine Warfare Group; duty with Car- After an extended, U.S. record-set- tankers, and pieces of heavy earth- rier Air Wing Three embarked in USS ting stay on the International Space moving equipment to keep the fire Saratoga; and force intelligence officer Station, the crew returned to Earth from approaching Deadwood. By the for Commander, Patrol Wings Atlantic with Shuttle Endeavor, landing at Fourth of July the number of personnel in Brunswick, ME. Edwards Air Force Base, California, on fighting the fire swelled to over 670 Recogizing his potential to serve the June 19, 2002. with an influx of U.S. Forest Service Navy and the Nation in positions of

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00074 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 1, 2002 CONGRESSIONAL RECORD — SENATE S7891 great responsibility, the Navy selected tagon. His crisis management abilities three different locations over the past Admiral Wilson to serve as Com- were critical in the hours that fol- 32 years. mander, Task Group 168.3 in Naples, lowed—both in accounting for members Dave’s first assignment was working Italy, where, under his leadership, this of the Agency, and in positioning the for the Hydro-Mechanics Division in unit earned the Navy Meritorious Unit Agency to provide critical threat data analyzing maneuvering and seakeeping Commendation. After this successful in the immediate aftermath of the at- of naval vessels. He worked there for tour, Admiral Wilson moved on to tack. The Defense Intelligence Agency over 5 years when he transferred to the Yokuska, Japan, where he served as lost seven members in the Pentagon at- System Development Division in Pan- the Fleet Intelligence Officer and As- tack, with five others seriously in- ama City, FL. sistant Chief of Staff for Intelligence, jured. Admiral Wilson’s personal con- While in Panama City, Dave served U.S. Seventh Fleet, embarked in U.S.C. tact with each family who lost a loved extensively in the development and Blue Ridge. one, and with the five surviving mem- testing of the Landing Craft Air Cush- After returning to the United States, bers in the days and weeks that fol- Admiral Wilson served in a variety of ioned vehicle, LCAC. He provided in- lowed was most appreciated and high- valuable engineering and technical ex- senior positions in Washington, DC, lighted the selfless concern for others and the Norfolk, VA area, including Di- pertise for the duration of the develop- this remarkable sailor has always dem- ment program, seeing it to a successful rector of Fleet Intelligence, U.S. At- onstrated. His concern for family mem- lantic Fleet, and as Director of Intel- completion during his eight-year stint bers and his outreach to the workforce at the facility. ligence, J2, U.S. Atlantic Command, were critical to holding the Agency to- where he was deeply involved in the gether as it worked its way through Dave transferred to the Naval Sur- planning and execution of operations the aftermath of the attack. His lead- face Warfare Center’s Acoustic Re- to re-establish freedom and democracy ership was absolutely key to ensuring search Detachment at Bayview, Idaho in Haiti in 1994. warfighters and policymakers obtained in January 1984. He has worked for the Admiral Wilson has served in the the best possible support as the Nation Acoustics Department in numerous most senior military intelligence posi- began to respond. The success of our roles during his 18 continuous years of tions in our Government since 1994, in- forces in the global war against ter- service at this facility. cluding Vice Director for Intelligence, rorism is a testament to the quality of Dave initially held the title of Tech- J2 on the Joint Staff in the Pentagon; effort given by the Defense Intelligence nical Operations Manager, and oversaw as the Associate Director of Central In- Agency under the able leadership of all testing and operations performed at telligence for Military Support within ADM Tom Wilson. the ARD. He was later promoted to the the Central Intelligence Agency; and, Throughout his career, Admiral Wil- Buoyant Vehicle Operations Manager, as the Director for Intelligence, J2 on son has displayed unmatched dedica- where he managed the development the Joint Staff in the Pentagon. In tion to providing the highest quality and testing of many flow-noise features these positions Admiral Wilson was in- intelligence support to the warfighter for Los Angeles Class submarine sonar timately involved in the planning and and senior defense officials. His leader- self-noise improvements. In addition, execution of virtually all U.S. military ship has helped transform the military he re-designed and improved the De- operations around the world in the past intelligence community into a joint, tachment’s test ranges, and conducted 8 years. In the process, he has gained interoperable, technologically ad- operations in support of the very suc- the personal respect and confidence of vanced federation that is postured to cessful Seawolf Class self-noise pro- two Presidents, three Secretaries of support the challenges of today and to- gram. Defense, four Chairmen of the Joint morrow. His personal commitment to He was also instrumental in devel- Chiefs of Staff, and countless Members the intelligence community, to the oping the capability to perform full- of Congress. As Admiral Vern Clark, Navy, and to our Nation is of the high- scale Towed Array testing in Idaho, Chief of Naval Operations, who was Di- est, most commendable order. which saved months and thousands of rector of the Joint Staff when Admiral I wish to extend my gratitude and ap- dollars over at sea testing, culminating Wilson was the J2, noted at Admiral preciation to VADM Tom Wilson and in the procurement of a Navy research Wilson’s retirement ceremony re- his wife of 33 years, Ann, for their vessel. cently, ‘‘When Tom Wilson spoke, we friendship, their sacrifice, and for the Dave achieved his greatest career listened.’’ In conversations I have had remarkable service they have provided success during the 1988–1995 period with colleagues in the Senate and with to our Nation, our Navy, and to the when he was responsible for overseeing numerous Defense officials who countless young people whose lives the installation of the Navy’s unique, interacted with Admiral Wilson, there they have touched in such a remark- world class Intermediate Scale Meas- was uniform consensus—his analysis ably selfless and positive way. On be- urement System (ISMS) at Lake Pend was thorough, his judgment was clear half of a grateful Nation, I want to sin- Oreille. As Project Manager he was re- and his instincts were flawless. cerely thank Tom and Ann Wilson for sponsible for obtaining environmental In July 1999, Admiral Wilson moved serving so faithfully and so well. As approval to develop the system, inter- on to his last and most challenging ac- they end their active service with the facing with the numerous organiza- tive duty post as the 13th Director of Navy, I wish them success and happi- tions, engineers, scientists and con- the Defense Intelligence Agency and, ness in retirement and future endeav- tractors to plan and then install the in- symbolically, the chief of military in- ors. As a fellow sailor, I wish them fair tricate system and associated facili- telligence for all of our Armed Forces. winds and following seas—Godspeed.∑ ties, and finally, the testing to charac- His 3-year tenure at the Defense Intel- f ligence Agency was marked by the terize and verify the site. Since com- same innovativeness, commitment to TRIBUTE TO DAVE GERZINA pletion of the installation in 1995, Dave excellence and selfless service to Na- ∑ Mr. CRAIG. Mr. President, I rise to has assumed the role of Test Program tion that characterized his entire mili- say thank you to a patriot and a tech- Manager and has been responsible for tary career. He reshaped the Agency to nical expert, Dave Gerzina, who is re- the conduct of numerous successful ensure that it was meeting the 21st tiring from civilian service to the Navy ISMS tests as well as the responsibility century demands of our senior military on August 3, 2002. of maintaining the system. and civilian leaders and that it was Dave was born in Youngstown, OH Dave has improved the ISMS Pro- postured to respond to the rapidly and was raised in the Miami, FL area gram’s capabilities and reputation into evolving challenges our Nation will from the age of eight. He attended the Navy’s premier test site for per- face in the years ahead. Florida Atlantic University and reforming structural, target strength and Admiral Wilson’s outstanding leader- ceived a Bachelor of Science in Ocean radiated testing of large-scale sub- ship qualities were never more appar- Engineering. In 1970, Dave began work- marine models. The underwater range ent than during the Defense Intel- ing for the Navy at the David Taylor portion has been referred to as the ligence Agency’s most difficult hour— Model Basin in Bethesda, MD and has most complex underwater structure in the September 11 attack on the Pen- worked continuously for the Navy at the world.

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00075 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7892 CONGRESSIONAL RECORD — SENATE August 1, 2002 Dave and his wife of 32 years, Robin, NAMING JULY AS NATIONAL I am proud to say that Congress also have three adult children and two be- AMERICAN HISTORY MONTH has affirmed its commitment to the loved Dalmations. Dave has been an ac- ∑ Mr. DEWINE. Mr. President, yester- teaching of American history by appro- complished bass fisherman and elk day my friend and colleague from Con- priating $100 million to teaching Amer- hunter since his youth, competing in necticut, Senator LIEBERMAN, and I in- ican history in the Leave No Child Be- numerous tournaments. He is also an troduced a resolution of which every hind Act of 2001. Such a financial com- accomplished sailor and plans to take American should be proud. Our country mitment sends a serious message that several ocean trips in a Catamaran has seen wars, recessions, conflict, Congress believes in the importance of after retirement. He hopes to apply his prosperity and unification. In order to American history. And, with the pas- carpentry skills to finish and sell his honor our collective past, this resolu- sage of our resolution, we can only current house, then settle down in tion would establish July as American strengthen that message. Florida for the winters and spring, re- History Month. July, the month of our In expressing the significance of turning each year to a small cabin in country’s declaration of independ- American history, I defer to the words Idaho for the summers and autumns. ence—a time when Americans put aside of Marcus Tullius Cicero, the great Finally, Dave is seriously considering differences of opinion and signed one of Roman orator: ‘‘We study history not obtaining a law degree in his future the most important documents in our to be clever in another time, but to be spare time. country’s history—is an ideal time for wise always.’’ I encourage my col- Dave Gerzina has been a significant us to reflect on our Nation’s history leagues to support the vital preserva- contributor to our nation’s research and educate our children about Amer- tion of our history and our historical capabilities, as well as numerous per- ica’s past. sites. Our future and wisdom, as Cicero formance improvements to quieting Studies have shown that Americans so aptly suggests, depend on our operational and future vessels and sub- lack a passable knowledge of our his- knowledge and grasp on the past.∑ marines. I want to wish Dave and tory. We, as Americans, should learn f Robin good luck, fair winds and fol- from and understand this history. I be- ∑ NEW HAMPSHIRE’S REMARKABLE lowing seas in their next endeavors. lieve we must encourage Americans of f all ages and ethnicities to learn the WOMEN IN 2002 MAJOR GENERAL JOE G. TAYLOR, history and heritage of the United ∑ Mr. SMITH of New Hampshire. Mr. JR. States. Studies have shown that our President, I rise today to congratulate twelve outstanding women of New ∑ Mr. INHOFE. Mr. President, today I next generation of leaders may lack Hampshire, Kathy Eneguess, Jane pay tribute to a great Army officer, the knowledge and understanding of Difley, Lauri Ostrander Klefos, Hannah and a great soldier. This month, Major what made our country great. In fact, Hardway, Laurel Thatcher Ulrich, General Joe G. Taylor, Jr. will depart one survey showed that only 23 percent Maryann Mroczka, Cathy Bedor, Judy the Pentagon to assume new duties as of college seniors could identify cor- the Commanding General, U.S. Army rectly James Madison as the ‘‘Father Sprague Sabanek, Natalie Woodroofe, Security Assistance Command in Alex- of the Constitution,’’ and 26 percent of Joan Goshgarian, Anne Zachos, and andria, VA. For over two years, he has those same students mistakenly Alyson Pitman Giles. Every year New Hampshire Magazine served as first the Deputy then the thought that the Articles of Confed- conducts a contest to seek out twelve Chief of Army Legislative Liaison eration established the division of where he has proven himself to be a power between the states and the Fed- remarkable women in New Hampshire. trusted advisor to the Secretary of the eral Government. To help overcome In recognizing that women’s Army and the Chief of Staff. this lack of knowledge, our resolution exceptionality comes in many forms, During his tour as the Chief of Army would encourage teachers and parents the magazine chooses twelve separate Legislative Liaison, he guided the to take educational adventures to his- areas of talent from which to award ac- Army’s relationship with Congress, toric sites where the students may gain complished women of the community. wielding a deft and skillful touch dur- a working and memorable under- Candidates, and ultimately winners, ing a period of tremendous change. standing of American history. are chosen through a number of Throughout this period, Joe Taylor I always have been in strong support sources including community and busi- ably assisted the Army’s senior leader- of teaching American history and pre- ness acquaintances, friends and family. ship in dealings with Members of Con- serving our historic sites. Throughout I would like to briefly mention a lit- gress and their staffs in helping them my time in the Senate, I have spon- tle about each of the women, the cat- to understand the needs of the Army as sored legislation, like the Fallen Tim- egory for which they were recognized it faces the challenges of a new cen- bers bill, the National Underground and something of their character and tury. His leadership resulted in cohe- Railroad Freedom Center Act, the Na- achievement. In the category of Lead- sive legislative strategies, responsive- tional Aviation Heritage Area Act, and ership, Kathy Eneguess received rec- ness to constituent inquires, well-pre- a resolution to honor the Buffalo Sol- ognition for her amazing networking pared Army leaders and a coherent diers. Ohio has been home to seven abilities and community involvement Army message to Congress. presidents, which led me to introduce in the area of leadership. Kathy is lead Joe Taylor’s career has reflected a the Presidential Sites Improvement policy staffer for legislative and regu- deep commitment to our Nation, which Act. I was also able to secure funds to latory issues at the New Hampshire has been characterized by dedicated help restoration of the Grant boyhood Business and Industry Association. selfless service, love for soldiers and a home in Georgetown, Ohio. All of these Jane Difley was recognized for her commitment to excellence. Major Gen- efforts will help provide opportunities service to the Environment and was eral Taylor’s performance over twenty- for children and adults to learn about granted the award in the category of seven years of service has personified our nation’s past. Environment for her continued dedica- those traits of courage, competency I believe that individuals who have a tion to protecting the forests of New and integrity that our Nation has come strong knowledge of American history Hampshire. Jane has a Masters degree to expect from its Army officers. The also possess a deeper appreciation of in forest management and was the first Pentagon and the Army Secretariat’s the need for historic preservation of woman ever to be elected as president loss will be the Army Security Assist- properties, buildings, and artifacts. of the Society of American Foresters. ance Commands gain, as Major General There are many great historical sites She currently holds the top position at Taylor continues to serve his country and museums around Washington and the Society for the Protection of New and the Army. On behalf of the United the nation—sites like the Smithsonian Hampshire Forests. States Senate and the people of this Museums, National Archives, Presi- Lauri Ostrander Klefos was recog- great Nation, I offer our heartfelt ap- dential birthplaces, Civil War battle- nized for her excellence in the area of preciation for a job well done over the fields, and national monuments. I en- government. Lauri has served in a past two years and best wishes for con- courage parents to spend time with number of state agencies and in 2000 tinued success, to a great soldier and their families and take family visits to was confirmed by the Governor and ex- friend of Congress.∑ these great sites. ecutive council as the first appointed

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00076 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 1, 2002 CONGRESSIONAL RECORD — SENATE S7893 director of the Division of Travel and the enormous number of people want- there with her husband and four chil- Tourism Development. She currently ing to come and see the fabrics. The dren ever since. Alyson received her holds a position as chair of the New company, and its now 100 employees, masters degree and now serves as England State Travel Directors. had just been acquired by an invest- President and CEO of Catholic Medical Hannah Hardaway was recognized for ment firm. This may give Judy and her Center. Alyson also finds time to serve her achievements in sports. Hannah husband more time to spend with their on several boards including the Greater was a member of the 2002 U.S. Olympic two-year old Portuguese Water Dog Manchester Chamber of Commerce. Ski Team that competed in Salt Lake mascot, Cisco. I would like to commend each of City. She began her amazing ski career Natalie Woodroofe was recognized for these women for their exceptional con- at seven years of age, joined the U.S. her work in the field of Entrepreneur- tributions to the State of New Hamp- Ski Team in 1996, became Junior World ship. Natalie has spent her life as an shire and for being role models to Champion in 1997, and looks forward to advocate and role model for women and young women everywhere. Thank you competing in the Olympics again in children in the North County and has for all you do. It has been an honor to 2006 in Italy. In her spare time, Hannah received a number of awards for her represent you in the U.S. Senate.∑ is continuing her education at Cornell work in this area. Natalie is the vision- f University and endorsing major compa- ary and backbone to WREN, the Wom- nies like Sprint and Solomon. en’s rural Entrepreneurial Network, ROGER GENDRON RETIRING FROM Laurel Thatcher Ulrich was recog- the largest and fastest growing non- YEARS OF SERVICE nized for her excellence in the area of profit in the State of New Hampshire. ∑ Mr. SMITH of New Hampshire. Mr. education. Laurel’s career in education Her organization offers a number of President, I rise today to commend and began with a simple guide-book she workshops that teach women skills congratulate Roger Gendron, who is re- wrote for a church-sponsored Relief So- from technology training to net- tiring as the Marketing Business Man- ciety. Since then, Laurel has taught at working. Natalie describes her work as, ager at Portsmouth Naval Shipyard. the University of Maryland and, most ‘‘Economic development, personal pas- Roger began his career at Ports- recently, at Harvard University as a sions, giving back, connecting with mouth Naval Shipyard in 1967, as an In- professor and director of American His- others, making a silk purse from pig’s dustrial Engineer Technician. In 1970, tory Studies. Laurel has also main- ears, hope and magic.’’ Roger became a Computer Technician/ tained a degree of success from her Joan Goshgarian was recognized for Computer Systems Analyst, and in writing including, ‘‘Good Wives, Im- her contributions to the field of art. 1979, served as a Management Analyst ages and Reality in the Lives of Women Joan began as a teacher of art and soon until 1986, when he ascended to his cur- in Northern New England,’’ her newest, developed an art therapy program for rent position as Marketing Business ‘‘The Age of Homespun: Objects and institutionalized adolescents who were Manager. Stories in the Making of an American developmentally and physically chal- As Marketing Business Manager, Myth,’’ and ‘‘A Midwife’s Tale: The lenged. In 1985, Joan became founder Roger has forged strong community Life of Martha Ballad,’’ for which she and executive director of the New and business relations through an ag- won the Pulitzer Prize for History in Hampshire Business Committee for the gressive, pro-active marketing strat- 1991. Arts. Using this medium, Joan has egy and outreach programs. He has Maryann Mroczka was recognized for been able to broaden support for the been an instrumental leader in guiding her extraordinary work in the field of arts and collaborate with different or- the Yard through the challenges of media. Maryann has moved from New ganizations in an effort to do this. downsizing, reduced budgets, and bal- Hampshire Public Television to trans- Joan is also on many boards around the ancing manpower/workload equations. forming the University of New Hamp- state including the Granite State Asso- Through his vision for the future, shire’s video department to being ciation of Non-Profits and the Commis- Roger was fundamental in developing sought after by WMUR–TV. Along the sion on Charitable Giving. the Shipyard’s MilCon Projects Pri- way, Maryann has won numerous Anne Zachos was recognized for her ority List, which included the con- awards including two Emmy’s and excellence in the area of philanthropy. struction of the Dry Dock #2 Complex; three Medals from New York Inter- Anne learned the importance of giving a state-of-the-art Los Angeles Class re- national Film Festivals. Maryann cur- to the community from her parents fueling complex. rently maintains her busy schedule in when she was a child. When Anne was During Roger’s distinguished career, television as well as a new family at able to become involved she started he has exhibited extraordinary knowl- home. with volunteer work for her children’s edge and leadership, helping to steer Cathy Bedor was recognized for her schools, church, the Girl Scouts, and Portsmouth Naval Shipyard success- accomplishments in the area of hospi- the League of Women Voters. Since fully through two Base Realignment tality. After Cathy, her husband, and then, Anne has been involved in more and Closure processes. Roger’s progres- three other local families purchased community work than is able to be sive planning contributed significantly The Mount Washington Hotel and Re- honored. Anne has had significant in- to the establishment of Partnering, sort, Cathy’s skills in hospitality volvement with the New Hampshire Out leasing, Regional Maintenance, began to shine as they spent the next Charitable Foundation, as a board SMART Base, and Technology Transfer two years restoring and preserving the member for the Manchester Regional programs within the Navy and ship- Historic Landmark. The hotel is now Community Foundation and for ‘‘Arts yard community. open year-round for the first time in Build Communities.’’ Anne has re- For several years, I have had the its history and Cathy had been there ceived an honorary doctorate from privilege to work with Roger in inno- every step of the way. Cathy is truly an Notre Dame College, the Granite State vating and improving Portsmouth expert in her field serving on many Award for Public Service from the Uni- Naval Shipyard’s ability to maintain boards in the state including the New versity of New Hampshire, and the Pas- America’s Los Angeles Class nuclear England Innkeepers Association, the toral Counseling Community Service submarines, a vital component in White Mountains Attraction Associa- Award. America’s national defense. Through- tion, and the New Hampshire Histor- Alyson Pitman Giles was recognized out these challenges, Roger has focused ical Society. for her accomplishments in the field of continuously upon achieving the most Judy Sabanek was recognized for her health care. Alyson has quickly and efficient use of the shipyard’s indus- accomplishments as President and successfully moved herself up through trial infrastructure and resources. CEO. Judy and her husband began the ranks since her beginnings as an Roger’s expert counsel and vast insti- Keepsake Quilting as a mail order busi- occupational therapist. After only one tutional knowledge has contributed ness and they are now co-owners of year as an O.T. at Virginia Hospital, greatly to Portsmouth Naval Shipyard what has turned into one of the largest Alyson became director of occupa- and to the defense of this great nation. quilting catalog businesses in the national therapy at a Tennessee health Roger has been a dedicated and profes- tion. Recently the couple had to open a care center. She took a post two years sional leader in his many years of serv- retail store in Center Harbor because of later in New Hampshire and has lived ice with Portsmouth Naval Shipyard.

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00077 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7894 CONGRESSIONAL RECORD — SENATE August 1, 2002 He will be sorely missed by all of us was waiting for me,’’ Ziegler said. As the EXECUTIVE MESSAGES REFERRED who have had the honor of working days passed, O’Connor heard Thompson scratching every morning against the other As in executive session the Presiding with him. Officer laid before the Senate messages Roger, I wish you fair winds and fol- side of this cell wall. ‘‘One day I asked him what he was doing. from the President of the United lowing seas. It has been an honor to ‘Standing up,’ he said. Standing up! It took States submitting sundry nominations ∑ represent you in the U.S. Senate. him half an hour.... Every day I heard him which were referred to the appropriate f standing up.’’ Months later, during a routine committees. indoctrination session for POWs, Thompson (The nominations received today are TRIBUTE IN REMEMBRANCE OF collapsed into a violent convulsion. That LTC FLOYD JAMES THOMPSON amazing heart was in seizure, probably from printed at the end of the Senate pro- ∑ Mr. THURMOND. Mr. President, I starvation, doctors later surmised. ceedings.) rise today to pay tribute to the late ‘‘A couple of us were told to carry him f LTC Floyd ‘‘Jim’’ Thompson. He spent back to his cell,’’ O’Connor recalled. ‘‘We didn’t see him move.’’ Guards came later and MEASURES READ THE FIRST TIME 9 excruciating years as a prisoner of took Thompson away. The other POWs fig- The following joint resolution was war in Vietnam fighting for his life and ured he was dying if not already dead. our Nation. As the longest-held pris- Before leaving Vietnam in 1973, they read the first time: oner of war, Colonel Thompson em- learned he survived and his mystique grew, S.J. Res. 43. Joint resolution proposing an bodies the core values of the American particularly among soldiers. His five years of amendment to the Constitution of the soldier. He survived because of his spir- solitary ended April 1, 1969, when he was United States to guarantee the right to use it, courage and determination, and will tossed into a cell with three other Ameri- and recite the Pledge of Allegiance to the Flag and the national motto. forever stand as an American hero. cans, including Lew Meyer, a Navy civilian firefighter. Meyer and Thompson began an f Colonel Thompson should be remem- astonishing daily exercise regime, leading to bered for his service to our great coun- escape, Thompson’s fifth attempt, in the fall EXECUTIVE AND OTHER try and the tremendous sacrifices that of 1971. The pair avoided recapture in North COMMUNICATIONS he made. I ask that an article by Mr. Vietnam for two days. For his courage and Tom Philpott be printed in the leadership in this incident, the first observed The following communications were laid before the Senate, together with RECORD. by other POWs, Thompson would receive the Silver Star. accompanying papers, reports, and doc- AMERICA’S LONGEST-HELD PRISONER OF WAR At home, within a year of losing her hus- REMEMBERED uments, which were referred as indi- band, Alyce Thompson saw her support cated: Army Col. Floyd ‘‘Jim’’ Thompson, the structure collapsing. She decided to move EC–8402. A communication from the Presi- longest-held prisoner of war in American his- her four children into the home of a retired dent of the United States, transmitting, pur- tory, died July 16 in Key West, Fla. At age soldier, and pose as his wife. She instructed suant to law, the periodic report on the na- 69, his heart finally gave out, ending one of the Army to withhold Thompson’s name tional emergency with respect to Libya that the most remarkable lives among heroes of from POW lists. For years, the Army com- was declared in Executive Order 12543 of Jan- the Vietnam War. Thompson’s death came 34 plied. By the time Thompson was freed, in uary 1986; to the Committee on Banking, years after fellow POWs thought they saw March 1973, Navy Lt. Cmdr. Everett Alvarez Housing, and Urban Affairs. him die in Bao Cao, the nickname of a cruel had returned and been celebrated as the EC–8403. A communication from the Presi- prison camp in North Vietnam. It was also 25 longest-held POW. Thompson became a back- dent of the United States, transmitting, pur- years after Thompson saw every dream that page story except in his hometown news- suant to law, the periodic report on the na- had kept him alive in Vietnam shattered in paper. tional emergency with respect to Iraq that the aftermath of our longest war, a conflict At first, he didn’t care. He was struggling was declared in Executive Order 12722 of Au- vastly different from the war against terror to fulfill dreams of family and career. He and gust 2, 1990; to the Committee on Banking, in Afghanistan. ‘‘I am a soldier. Period,’’ Alyce tried to save their marriage, with dev- Housing, and Urban Affairs. Thompson would say if asked about the po- astating consequences for the children. EC–8404. A communication from the Presi- litical correctness of the Vietnam War. End Thompson himself wasn’t well-armed for dent of the United States, transmitting, pur- of argument, and an icy stare. that task, battling alcoholism, depression, suant to law, a report concerning the con- Through nine years of torture, starvation, and a deep sense of betrayal that never tinuation of the national emergency with re- and unimaginable deprivation, Thompson eased. showed us the resiliency of the human spirit. After losing his family, Thompson fought spect to Iraq beyond August 9, 1990; to the He refused to die, and until death had a will- to save his career. Again, alcohol interfered, Committee on Banking, Housing, and Urban fulness that inspired awe. He survived on aggravating a nine-year professional gap Affairs. dreams of returning home to a loving wife, with officer peers. Thompson never blamed EC–8405. A communication from the Con- four adoring children, and a grateful nation. the Army or the war for his troubles. He suf- gressional Review Coordinator, Animal and When none of that squared with reality, fered a massive stroke in 1981, which forced Plant Health Inspection Service, Department years of bitterness followed. him to retire. Disabled, he moved to Key of Agriculture, transmitting, pursuant to The avalanche of challenges at home, West and shut himself off from family and law, the report of a rule entitled ‘‘Payments Thompson believed, did not diminish his friends. His identity as a former POW, as for Cattle and Other Property Because of Tu- heroics or steadfast resistance before the longest-held, made life worthwhile. He had berculosis’’ (Doc. No. 00–105–1) received on enemy. Those who saw his strength agree flag poles installed in front of his condo- July 30, 2002; to the Committee on Agri- that what he endured, and how, won’t be for- minium complex so one could fly the POW– culture, Nutrition, and Forestry. gotten. By the spring of 1968, Thompson had MIA flag. A bronze plaque mounted nearby EC–8406. A communication from the Con- been held in jungle cages and dank prison refers to Thompson, the resident hero. gressional Review Coordinator, Animal and cells more than four years, all of it in soli- Bolted to the fender of his new black Cad- Plant Health Inspection Service, Department tary confinement. The experience turned a illac are two large U.S. flags, fit for a motor- of Agriculture, transmitting, pursuant to 170-pound Special Forces officer into a ‘‘skel- cade. His license plate reads ‘‘POW.’’ law, the report of a rule entitled ‘‘Fee In- eton with hair,’’ said one POW, describing Thompson left instructions to be cremated creases for Overtime Services’’ (Doc. No. 00– Thompson at first sight. His appearance lit- and, without ceremony, that his ashes be 087–2) received on July 30, 2002; to the Com- erally frightened other Americans, most of spread at sea—unless, at time of death, he mittee on Agriculture, Nutrition, and For- them soldiers captured in the Tet offensive. had been awarded the Medal of Honor. In estry. Warrant Officer Michael O’Connor/glimpsed that case, with his sacrifices properly recog- EC–8407. A communication from the Prin- Thompson through a crack between wall and nized, he wanted to be buried at Arlington cipal Deputy Associate Administrator of the cell door. He was inches away, leaning National Cemetery. Environmental Protection Agency, transmit- against his own cell bars. Whether Jim Thompson deserves the nating, pursuant to law, the report of a rule en- ‘‘This guy is dead, I thought,’’ O’Connor tion’s highest military honor, others will de- titled ‘‘Acephate, Amitraz, Carbaryl, told me for Glory Denied, my book about the cide. Surely, for what he gave, he deserved Chlorpyritos, Cryolite, et al.; Tolerance Rev- Thompson saga. ‘‘As part of some cruel joke, more than he got.∑ ocations’’ (FRL7191–4) received on July 31, I thought they had stuck a corpse up against 2002; to the Committee on Agriculture, Nu- the door. Then I realized he was moving.’’ f trition, and Forestry. Dick Ziegler, a captured helicopter pilot, MESSAGES FROM THE PRESIDENT EC–8408. A communication from the Prin- heard Thompson say he had been shot down cipal Deputy Associate Administrator of the in March 1964. Ziegler did a quick calcula- Messages from the President of the Environmental Protection Agency, transmit- tion, and began to cry. ‘‘Eyes sunk way back United States were communicated to ting, pursuant to law, the report of a rule en- in his head, cheekbones sticking out.... He the Senate by Ms. Evans, one of his titled ‘‘Fludioxonil, Pesticide Tolerance’’ scared me to death. I understood then what secretaries. (FRL7188–7) received on July 31, 2002; to the

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00078 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 1, 2002 CONGRESSIONAL RECORD — SENATE S7895 Committee on Agriculture, Nutrition, and Whereas, on February 20, 1942, President Navy, or Air Force during World War II to Forestry. Manuel Quezon and Vice President Sergio become a United States citizen; and EC–8409. A communication from the Chief, Osmena of the Philippine Commonwealth Whereas, even while the war was raging, Regulations Unit, Internal Revenue Service, left Corregidor for the United States to form alien soldiers in England, Iceland, and North Department of the Treasury, transmitting, a government in exile. On March 11, 1942, Africa, who served in American military pursuant to law, the report of a rule entitled General MacArthur left Corregidor for Aus- forces, could be naturalized as United States ‘‘Appeals Settlement Guidelines: Construc- tralia to take over the defense of the south- citizens. This naturalization was made pos- tion/Real Estate—Retainage Payable’’ ern Pacific area. It was upon his arrival in sible because beginning in January 1943, nat- (UIL:0460 .03–10) received on July 30, 2002; to Melbourne that he issued his famous pledge, uralization officers were dispatched to for- the Committee on Finance. ‘‘I shall return’’; and eign countries where they accepted applica- EC–8410. A communication from the Chief, Whereas, Hong Kong, Singapore, and the tions, performed naturalization ceremonies, Regulations Unit, Internal Revenue Service, East Indies (Indonesia) fell before the fierce and swore into American citizenship thou- Department of the Treasury, transmitting, Japanese advance in the week following the sands of alien soldiers; and pursuant to law, the report of a rule entitled attack on Pearl Harbor. The soldiers in the Whereas, while the Philippines was under ‘‘Paul Pekar v. Commissioner’’ received on Philippines, under the command of Lieuten- Japanese occupation, approximately 7,000 July 30, 2002; to the Committee on Finance. ant General Jonathan Wainright, fought on. Filipino soldiers were naturalized outside EC–8411. A communication from the Chief, Their valiant struggle, the only Allied resist- the Philippines. The great majority of Fili- Regulations Unit, Internal Revenue Service, ance in East Asia during the winter and pino soldiers in the country, however, were Department of the Treasury, transmitting, spring of 1942, slowed down the enemy and not even aware of these liberal naturaliza- pursuant to law, the report of a rule entitled gave Australia more time to strengthen its tion benefits. The United States withdrew its ‘‘Notice 2002–53, 2002 Section 43 Inflation Ad- defenses; and naturalization officer from the Philippines justment’’ received on July 29, 2002; to the Whereas, thousands of Japanese infantry- for nine months and then allowed the law to Committee on Finance. men, supported by artillery barrages and lapse in 1946, so few Filipino veterans were EC–8412. A communication from the Clerk tank fire power, pounded the Filipino-Amer- able to exercise their rights in a timely man- of the Court, United States Court of Federal ican lines. Overhead, Japan’s air corps ner—rights that had been supposedly earned Claims, transmitting, the Report of the Re- soared and bombed the foxholes, hospitals, on the battlefield for a lifetime; and view Panel relative to a private relief bill; to and ammunition dumps of Bataan. From the Whereas, although the Immigration Act of the Committee on the Judiciary. sea the enemy warships poured lethal shells 1990 rectified this foreclosure of rights by on the defenders’ positions. Bataan was permitting Filipino veterans of World War II f doomed. The defenders, weakened by hunger, to apply for naturalization and to receive PETITIONS AND MEMORIALS disease, and fatigue, fought fiercely and benefits after May 1, 1991, it did not remedy many died as heroes; and the betrayal of Filipino veterans orches- The following petitions and memo- Whereas, Bataan fell on April 9, 1942. Cor- trated forty-five years earlier by a cost-con- rials were laid before the Senate and regidor’s Voice of Freedom radio station an- scious country through the Rescission Act of were referred or ordered to lie on the nounced, ‘‘Bataan has fallen, but the spirit 1946 and the Second Supplemental Surplus table as indicated: that made it stand—a beacon to all the lib- Appropriation Rescission Act (1946), which POM–274. A House Concurrent Resolution erty-loving peoples of the world—cannot declared that the service performed by many adopted by the Legislature of the State of fall’’. As many as 36,000 Filipino and Amer- Filipino veterans was not ‘‘active service’’ Hawaii relative to legislation to repeal the ican soldiers were captured by the victorious and denied them their veterans benefits after Rescission Act of 1946 and the Second Sup- Japanese. Forced to set out on the infamous the fact; and plemental Surplus Appropriation Rescission ‘‘Death March’’ to San Fernando, tens of Whereas, while Filipino-American veterans Act of 1964, and to restore Filipino World thousands died from hunger, thirst, disease, who served honorably in an active-duty sta- War II Veterans’ to full United States Vet- and exhaustion. Survivors were crammed tus under the command of the USAFFE or erans’ status and benefit; to the Committee into boxcars and shipped to imprisonment in within the Philippine Army, the Philippine on Veterans’ Affairs. Capas; and Scouts, or recognized guerrilla units, be- Whereas, General Wainwright and the tween September 1, 1939, and December 31, HOUSE CONCURRENT RESOLUTION 34 12,000 Filipino and American soldiers man- 1946, braved the same dangers and were enti- Whereas, on July 26, 1941, President Frank- ning the rocky fortress of Corregidor contin- tled to apply for naturalization, only those lin Roosevelt called back to active duty ued to fight, but after the fall of Bataan, the persons who served in the armed forces of Lieutenant General Douglas MacArthur, who end was in sight for them as well. On May 6, the United States or joined the Philippine was then serving as military adviser to the 1942, Major General William Sharp was or- Scouts before October 6, 1945, currently are Commonwealth government in the Phil- dered to be stop future useless sacrifice of entitled to the full-range of veterans bene- ippines. President Roosevelt appointed Gen- human life in the Fortified Islands, and to fits; and eral MacArthur to command the newly surrender all troops under his command in Whereas, it should be the right of every formed United States Armed Forces in the the Visayan Islands and Mindanao. Cor- Filipino-American veteran of World War II, Far East (USAFFE); and regidor fell almost five months to the day who served honorably in an active-duty sta- Whereas, General MacArthur mobilized the after the attack on Pearl Harbor. Organized tus under the Philippine Scouts, or recog- entire Philippine Commonwealth Army, con- military resistance to the invasion of the nized guerrilla units, to receive the full- sisting of approximately 212,000 soldiers, into Philippines ended that day; and range of veterans benefits, including a non- the USAFFE and reinforced approximately Whereas, many Filipino officers and men service disability burial allowance and pen- 10,000 American soldiers, including the 10,000- refused to heed the order to surrender. They sion, treatment for nonservice connected dis- strong Philippine Scouts (who were the Fili- fled to the hills with their arms and, with abilities at Veterans Hospitals in the United pino regulars in the American army) and the the help of the civilian population, waged a States, home loan guarantees, burial in a na- 6,000-strong Philippine Constabulary, under relentless guerrillas war against the invad- tional or state veterans cemetery and the command of American military forces; ers. The guerrillas, almost without arms at headstones, contract national service life in- and the beginning, hungry, and unclothed, gave surance and educational assistance for Whereas, with the destruction of the battle to the enemy from every nook and spouses and surviving spouses; and United States fleet at Pearl Harbor and the corner of the land. For three seemingly in- Whereas, those who served in the armed United States Air Force at Clark Field, and terminable years and despite unbelievable forces of the United States or Philippine with the withdrawal of United States naval hardships, they carried the torch of freedom; Scouts that enlisted prior to October 6, 1945, forces to Java, the USAFFE lost its naval and are eligible for full veterans’ benefits, but and air support in the first few days of the Whereas, it was against the backdrop of others can only receive partial benefits. war in the Pacific; and Bataan, Corregidor, and other theaters of Those with limited benefits include veterans Whereas, within days, Japanese troops battle, where alien soldiers under the United of the Philippine Scouts enlisted after Octo- landed in Aparri and Vigan, in Legazpi and States flag fought bravely and fiercely, that ber 6, 1945, Commonwealth Army of the Phil- Davao, in Lingayen, Atimonan, and Mauban, the United States Congress amended the nat- ippines enlisted between July 26, 1941 and while their planes bombed military objec- uralization provisions of the Nationality Act June 30, 1946, and recognized guerrillas with tives and government centers. Within a few of 1940; and service between April 20, 1942 and June 30, weeks, the American and Filipino forces de- Whereas, in 1942, Congress reestablished 1946. For these groups, monetary benefits are fending Luzon were in full retreat to the the policy it had set forth during the first received in pesos in an amount equivalent to stronghold where General MacArthur pro- World War by providing for the naturaliza- only half of the dollar value, regardless of posed to make a last stand—the peninsula of tion of aliens honorably serving in the armed whether the recipient resides in the Phil- Bataan and the island fortress of Corregidor; forces of the United States during the war. ippines or the United States; and and As part of the second War Powers Act, Con- Whereas, Philippine veterans with military Whereas, in the ensuing months, Japanese gress waived the requirement of residence, service with the Special Philippine Scouts Imperial Forces in the Philippines focused literacy, and education for alien soldiers. who enlisted between October 6, 1945 and all their military might against the The law allowed any alien who was inducted June 30, 1947, under Public Law 190, 79th Con- USAFFE in Bataan and Corregidor; and or who enlisted into the United States Army, gress (‘‘New Scouts’’) are not entitled to full

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00079 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7896 CONGRESSIONAL RECORD — SENATE August 1, 2002 Department of Veterans Affairs benefits. erans Affairs, the members of Hawaii’s con- Pangasinan has not reached a sustainable They are only entitled to service-connected gressional delegation, and the Adjutant Gen- basis by providing mutual economic benefits disability benefits. This is payable to a vet- eral. through local community support, the sister- eran if he is presently suffering from a dis- state affiliation shall be withdrawn; and be ability which the Department of Veterans POM–275. A House Concurrent Resolution it further Affairs determined to be the result of a dis- adopted by the Legislature of the State of Resolved that certified copies of this Con- ease or injury incurred in or aggravated dur- Hawaii relative to the establishment of current Resolution be transmitted to the ing military service. The disability must state-province relations of friendship be- President of the United States, the Governor have been rated by the Department of Vet- tween the State of Hawaii of the United of the State of Hawaii, the President of the erans Affairs as ten per cent or more dis- States of America and the Province of United States Senate, the Speaker of the abling to be compensable. (No compensation Pangasinan of the Republic of the Phil- United States House of Representatives, Ha- may be paid for a service-connected dis- ippines; to the Committee on Foreign Rela- waii’s congressional delegation, the Presi- ability rated less than ten per cent dis- tions. dent of the Republic of the Philippines abling.) Medical treatment is provided only HOUSE CONCURRENT RESOLUTION 28 S.D.1 through its Honolulu Consulate General, and for their service-connected disabilities; and Whereas, the State of Hawaii is actively the Governor and Provincial Board of the Whereas, Philippine veterans with military seeking to expand its international ties and Province of Pangasinan, Philippines. service in the Commonwealth Army of the has an abiding interest in developing good- Philippines and recognized guerrilla units will, friendship, and economic relations be- POM–276. A Senate Concurrent Resolution are entitled to service-connected disability tween the people of Hawaii and the people of adopted by the Legislature of the State of benefits only if they are presently suffering Asian and Pacific countries; and Hawaii relative to the establishment of a from a disability which the Department of Whereas, as part of its effort to achieve center for the health, welfare, and education Veterans Affairs determines to be the result this goal, Hawaii has established a number of of children, youth, and families for Asia and of disease or injury incurred in or aggravated sister-state agreements with provinces in the the Pacific; to the Committee on Foreign during military service. The disability must Pacific region; and Relations. have been rated by the Department of Vet- Whereas, because of historical relationship SENATE CONCURRENT RESOLUTION 69 H.D. 1 erans Affairs as ten per cent or more to be between the United States of America and Whereas, the Millennium Young People’s compensable. No compensation may be paid the Republic of the Philippines, there con- Congress held in Hawaii in October 1999, for a service-connected disability rated less tinues to exist valid reasons to promote demonstrated the value of a collective global than ten per cent disabling. Benefits are pay- international friendship and understanding vision by and for the children of the world able in Philippine pesos. Medical treatment for the mutual benefit of both countries to and the need for a forum for international is provided only for their service-connected achieve lasting peace and prosperity as it discussion of issues facing all children and disabilities; and serves the common interests of both coun- youth; and Whereas, there is no greater duty for a na- tries; and Whereas, children and youth are the key to tion of free men and women than the care of Whereas, there are historical precedents world peace, sustainability, and productivity former soldiers and their dependents, no exemplifying the common desire to maintain in the next millennium; and greater honor for a former soldier than to be a close cultural, commercial, and financial Whereas, the health, welfare, and edu- laid to rest next to the soldier’s comrades-in- bridge between ethnic Filipinos living in Ha- cation of children and families are part of arms, no greater act of respect that a grate- waii with their relatives, friends, and busi- the basic foundation and values shared glob- ful country can show a former soldier than ness counterparts in the Philippines, such as ally that should be provided for all children to inter the soldier’s remains on hallowed the previously established sister-city rela- and youth; and ground, and no greater tribute that future tionship between the City and County of Whereas, the populations of countries in generations of freedom-loving Americans can Honolulu and the City of Cebu in the Prov- Asia and the Pacific Rim are the largest and visit upon a former soldier than to remember inces of Cebu and the City of Laoag in Ilocos fastest growing segment of the world’s popu- those sacrifices may be the soldier on the Norte; and battlefield; and Whereas, similar state-province relation- lation with young people representing the Whereas, in the words of President Abra- ships exist between the State of Hawaii and largest percentage of that population; and Whereas, Hawaii’s location in the middle of ham Lincoln, upon the establishment of the the Provinces of Cebu and Ilocos Sur, where- the Pacific Rim between Asia and the Amer- Veterans Administration (now the United by cooperation and communication have icas, along with a diverse culture and many States Department of Veterans Affairs), this served to establish exchanges in the areas of shared languages, provides an excellent and country has a sacred duty ‘‘to care for him business, trade, agriculture and industry, strategic location for meetings and ex- who shall have borne the battle, and for his tourism, sports, health care, social welfare, changes as demonstrated by the Millennium widow and his orphan’’; and awarding the and other fields of human endeavor; and full-range of veterans benefits to former sol- Whereas, a similar sister state relationship Young People’s Congress, to discuss the diers is the very least that a grateful nation would reinforce and cement this common health, welfare, and rights of children as a can do for those persons who placed them- bridge for understanding and mutual assist- basic foundation for all children and youth, selves in harm’s way to protect the United ance between the ethnic Filipinos of both the and to research pertinent issues and alter- States from its enemies; now, therefore, be it State of Hawaii and the Province of natives concerning children and youth, and Resolved by the House of Representatives of Pangasinan; and to propose viable models for societal applica- the Twenty-first Legislature of the State of Whereas, there is an existing relationship tion; now, therefore, be it Hawaii, Regular Session of 2002, the Senate between the Province of Pangasinan and the Resolved by the Senate of the Twenty-first concurring, that Congress and the President State of Hawaii because several notable citi- Legislature of the State of Hawaii, Regular of the United States are requested to support zens in Hawaii can trace their roots or have session of 2002, the House of Representatives legislation to repeal the Rescission Act of immigrated from the Province of concurring, that the United Nations is re- 1946 and the Second Supplemental Surplus Pangasinan, and the town of Urdaneta in spectfully requested to consider the estab- Appropriation Rescission Act (1946), and to Pangasinan now prominently features an lishment in Hawaii of a Center for the restore Filipino World War II veterans’ to ‘‘Arch of Aloha’’ at the gateway to the town; Health, Welfare, and Education of Children, full United States veterans’ status and bene- now, therefore, be it Youth and Families for Asia and the Pacific; fits; and be it further Resolved by the House of Representatives of and be it further Resolved that Hawaii’s congressional dele- the Twenty-First Legislature of the State of Resolved that the President of the United gation is again requested to continue its sup- Hawaii, Regular Session of 2002, the Senate States and the United States Congress are port for legislation and other action to en- concurring, that Governor Benjamin urged to support the establishment of the sure that Filipino-American veterans who Cayetano, of the State of Hawaii, or his des- Center; and be it further served honorably in an active-duty status ignee, be authorized and is requested to take Resolved that the House and Senate Com- under the command of the USAFFE or with- all necessary actions to establish a sister- mittees on Health convene an exploratory in the Philippine Army, the Philippine state affiliation with the Province of task force to develop such a proposal for con- Scouts, or recognized guerrilla units, be- Pangasinan; and be it further sideration by the United Nations; and be it tween September 1, 1939, and December 31, Resolved that the Governor or his designee further 1946, are granted the full range of veterans is requested to keep the Legislature of the Resolved that certified copies of this Con- benefits that they were promised, that they State of Hawaii fully informed of the process current Resolution be transmitted to the are entitled to and that is provided to other establishing the relationship, and involved in Secretary General of the United Nations, veterans recognized by the Department of its formalization to the extent practicable; President of the United States, President of Veterans Affairs; and be it further and be it further the United States Senate, Speaker of the Resolved that certified copies of this Con- Resolved that the Province of Pangasinan United States House of Representatives, current Resolution be transmitted to the be afforded the privileges and honors that President of the University of Hawaii, Presi- President of the United States, the Speaker Hawaii extends to its sister-states and prov- dent of the East West Center, President of of the United States House of Representa- inces; and be it further the United Nations Association in Hawaii, tives, the President pro tempore of the Resolved that if by June 30, 2007, the sister- and members of Hawaii’s Congressional Dele- United States Senate, the Secretary of Vet- state affiliation with the Province of gation.

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00080 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 1, 2002 CONGRESSIONAL RECORD — SENATE S7897 POM–277. A resolution adopted by the National Park and Pu‘uhonua O Honaunau Whereas, in the past, business and other House of the Legislature of the State of Ha- National Historical Park will preserve more forms of industrial enterprises were pri- waii relative to supporting the acquisition of open space, add to the natural environment, marily state-owned throughout China. How- Kahuku Ranch for the expansion of the Ha- protect affected native species, and preserve ever, under on-going nationwide reform, the waii Volcanoes National Park and of Killae cultural and historical sites; and proportion of businesses that are state- Village for expansion of Pu Uhonua O Whereas, in January 2001, the National owned is being reduced. In Tianjin, the per- Honaunau National Historical Park; to the Park Service held a series of public meetings centage of state-owned enterprises in 1997 Committee on Energy and Natural Re- to receive comments from the public regard- was 35.7 percent versus 16.6 percent for col- sources. ing possible purchase of Kahuku Ranch and lective ownership, and 47.7 percent for other HOUSE RESOLUTION 15 Ki‘ilae Village, and the nearly 400 people in forms, including private ownership. In the attendance at the meetings expressed over- retail sector, the respective proportions were Whereas, the Volcanoes National Park on whelming support and endorsement; now 23.7 percent, 17.3 percent, and 59 percent, re- the Big Island consists of 217,000 acres and is therefore, be it spectively; and one of only two national parks in this State; Resolved by the House of Representatives of Whereas, Tianjin has a broad science and and the Twenty-First Legislature of the State of technology base upon which to build, for ex- Whereas, The Volcanoes National Park at- Hawaii, Regular Session of 2002, that this ample, it is home to 161 independent research tracts about 1,500,000 visitors each year who body supports the acquisition by the United institutions (117 local and 44 national). Aside enjoy the natural beauty of the lava fields, States National Park Service of Kahuku from its several universities and colleges, native forests, and ocean cliffs; and Ranch for expansion of the Hawaii Volcanoes Tianjin has six national-level laboratories Whereas, a large parcel of land lying to the National Park and of Ki‘ilae Village for ex- and 27 national and ministerial-level techno- south and west of the Volcanoes National pansion of Pu‘uhonua O Honaunau National logical test centers and has plans to increase Park known as Kahuku Ranch consisting of Historical Park; and be it further its science and technology educational goals; 117,000 acres has come up for sale; and Resolved that certified copies of this Reso- and Whereas, the Kahuku parcel contains out- lution be transmitted to the Director of the Whereas, in 1984, the State Council issued standing geological, biological, cultural, sce- National Park Service, the President of the a directive to establish the Tianjin Eco- nic, and recreational value, and is the sole United States Senate, the Speaker of the nomic-Technological Development Area habitat for at least four threatened and en- United States House of Representatives, and (TEDA), situated some 35 miles from Tianjin. dangered bird species endemic to Hawaii; and Recently, some 3,140 foreign-invested compa- Whereas, the National Park Service since to the members of Hawaii’s congressional nies have located to TEDA with a total in- 1945 has recognized that the property con- delegation. vestment of over US$ 11 billion; and tained nationally significant resources and POM–278. A resolution adopted by the Whereas, at present, TEDA has developed in fact, in its 1975 Master Plan, the National House of the Legislature of the State of Ha- four pillar industries: electronics and com- Park Service identified the property as a waii relative to the establishment of a sister- munications, automobile manufacturing and ‘‘potential addition to improve the geologi- state relationship between the State of Ha- mechanization, food and beverages, and bio- cal, ecological, and scenic integrity of Ha- waii and the Municipality of Tianjin in the pharmacy, and is promoting four new indus- waii Volcanoes National Park’’; and tries: information software, bioengineering, Whereas, the 181-acre Pu‘uhonua O People’s Republic of China; to the Com- mittee on Foreign Relations. new energies, and environmental protection; Honaunau National Historical Park was es- and HOUSE RESOLUTION 117 tablished in 1961 to save a sacred place of ref- Whereas, in 1996, TEDA began offering a uge that for centuries offered sanctuary to Whereas, Tianjin, a city in northeastern technology incubator to help small and me- any who reached its walls; and China, is one of four municipalities under dium-sized enterprises with funding, tax Whereas, adjacent to Pu‘uhonua O the direct control of the central government breaks, personnel, etc. Within the TEDA Honaunau are the remains of Ki‘ilae, an an- of the People’s Republic of China, and in 2001 high-tech park, Tianjin offers preferential cient Hawaiian settlement dating back to had a population slightly over 10,000,000; and treatment in the form of funding, land fees, the late 12th or early 13th centuries, and Whereas, the city is made up of 13 dis- taxes, and facilities (such as water, gas, and which remained active until about 1930, mak- tricts, five counties, 126 villages, 93 towns, heating). Residential and other services, ing it one of the last traditional Hawaiian and 133 street communities; and shopping, and educational and recreation fa- villages to be abandoned; and Whereas, the history of Tianjin begins with cilities are either already in place or are Whereas, significant portions of this an- the opening of the Sui Dynasty’s Big Canal being planned; and cient Hawaiian village remain outside of na- (581–617 AD). Beginning in the mid-Tang Dy- Whereas, for the eleven months ending No- tional park boundaries; and nasty (618–907 AD), Tianjin became the nexus vember 2001, total exports from TEDA was Whereas, including these lands within the for the transport of foodstuffs and silk be- US$ 3.53 billion, of which foreign-funded en- boundaries of Pu‘uhonua O Honaunau Na- tween south and north China. During the terprises accounted for US$ 3.49 billion while tional Historical Park has been a goal of Ming Dynasty (1404 AD), the city figured total foreign investment in TEDA amounted park management for more than three dec- prominently as a military center. In 1860, its to US$ 2.3 billion; and ades; and importance as a business and communica- Whereas, Hawaii has been, since its early Whereas, the park’s 1972 Master Plan iden- tions center began to grow; and days, the destination of many Chinese immi- tified Ki‘ilae Village as a proposed boundary Whereas, Tianjin is known as the Bright grants who have helped to develop the State extension and in 1992, a Boundary Expansion Diamond of Bohai Gulf and is the gateway to and its economy; and Study completed for the park called for add- China’s capital of Beijing. Tianjin is one of Whereas, compared to the rest of the coun- ing the ‘‘balance of Ki‘ilae Village’’; and China’s biggest business and industrial port try, Hawaii is advantageously situated in the Whereas, within the Ki‘ilae lands the Na- cities and, in north China, is the biggest port Pacific to better establish and maintain cul- tional Park Service is seeking to acquire, city. Tianjin now ranks second in impor- tural, educational, and economic relation- more than 800 archeological sites, structures, tance and size in terms of industry, business, ships with countries in the Asia-Pacific re- and features have been identified, including finance, and trade in the north. Its industrial gion, especially the People’s Republic of at least twenty-five caves and ten heaiu, production and trade volume is second only China; and more than twenty platforms, twenty-six en- to Shanghai in the south; and Whereas, the new century we have em- closures, over forty burial features, residen- Whereas, the city’s traditional industries barked upon has been described by some as tial compounds, a holua slide, canoe landing include mining, metallurgy, machine-build- the ‘‘century of Asia’’ or the ‘‘China’s cen- sites, a water well, numerous walls, and a ing, chemicals, power production, textiles, tury’’; and wide range of agricultural features; and construction materials, paper-making, food- Whereas, like Tianjin, Hawaii is also striv- Whereas, in June 2001, Senator Inouye and stuffs, shipbuilding, automobile manufac- ing to diversify its economy by expanding Senator Akaka introduced a bill to authorize turing, petroleum exploitation and proc- into environmentally clean high-technology the addition of the Ki‘ilae Village lands to essing, tractor production, fertilizer and pes- industries including medical services and re- Pu‘uhonua O Honaunau National Historical ticide production, and watch, television, and search; and Park and in October 2001, this bill passed the camera manufacturing; and Whereas, the State also emphasizes the im- United States Senate and it is anticipated Whereas, in 1994, Tianjin’s economic goal portance of higher education in order to cre- that the authorization bill will pass the was to double its gross national product by ate a solid foundation and workforce to serve House of Representatives as well; and the year 2003. With its 1997 gross national as the basis from which to launch initiatives Whereas, these acquisitions offer an oppor- product reaching RMB 124 billion yuan in high-technology development; and tunity rarely imagined because they would (about RMB 8.26 yuan to US$ 1), Tianjin is Whereas, both Hawaii and Tianjin share give the National Park Service an excellent poised to reach that goal. By the end of 1998, many common goals and values as both work chance to expand and protect native plants 12,065 foreign-owned companies were estab- towards achieving their economic and edu- and archaeological sites from destruction; lished in Tianjin that invested a total of cational objectives in the new century, and and RMB 21.017 billion yuan (about US$ 2.5 bil- the people of the State of Hawaii desire to Whereas, these opportunities can benefit lion). About RMB 9.291 billion yuan (about form a mutually beneficial relationship be- current and future generations of residents US$ 1.1 billion) of that amount was used for tween the State of Hawaii and the munici- and tourists, because expansion of Volcanoes development of Tianjin; and pality of Tianjin to share our knowledge and

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00081 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7898 CONGRESSIONAL RECORD — SENATE August 1, 2002 experiences in order to better assist each By Mr. HOLLINGS, from the Committee Post: Ambassador to Sultanate of Oman. other in reaching our goals; now, therefore, on Commerce, Science, and Transportation, The following is a list of all members of be it with amendments: my immediate family and their spouses. I Resolved by the House of Representatives of H.R. 2546: A bill to amend title 49, United have asked each of these persons to inform the Twenty-First Legislature of the State of States Code, to prohibit States from requir- me of the pertinent contributions made by Hawaii, Regular Session of 2002, that Gov- ing a license or fee on account of the fact them. To the best of my knowledge, the in- ernor Benjamin Cayetano, of the State of that a motor vehicle is providing interstate formation contained in this report is com- Hawaii, or his designee, be authorized and is pre-arranged ground transportation service, plete and accurate. requested to take all necessary actions to es- and for other purposes. (Rept. No. 107–237). Contributions, amount, date, donee: tablish a sister-state affiliation with the mu- S. 1220: A bill to authorize the Secretary of 1. Self, Richard L. Baltimore III, None. nicipality of Tianjin of the People’s Republic Transportation to establish a grant program 2. Spouse, Eszter Baltimore, none. of China; and be it further for the rehabilitation, preservation, or im- 3. Children and Spouses, Names: Krisztina, Resolved that the Governor or his designee provement of railroad track. (Rept. No. 107– Josephine & Natalie none. is requested to keep the Legislature of the 238). 4. Parents, Names: Richard L. Baltimore State of Hawaii fully informed of the process By Mr. HOLLINGS, from the Committee Jr., Lois M. Baltimore (dec’d) none. in establishing the relationship, and involved on Commerce, Science, and Transportation, 5. Grandparents, Names: Richard L. Balti- in its formalization to the extent prac- with an amendment in the nature of a sub- more Sr., Emily Baltimore (dec’d) none. ticable; and be it further stitute: 6. Brothers and Spouses, Names: N/A none. Resolved that the municipality of Tianjin S. 2182: A bill to authorize funding for com- 7. Sisters and Spouses, Names: Roslyn Bal- be afforded the privileges and honors that puter and network security research and de- timore, $100, 2002, Gov. Dav. Hawaii extends to its sister-states and prov- velopment and research fellowship programs, inces; and be it further and for other purposes. (Rept. No. 107–239). *Nancy J. Powell, of Iowa, a Career Mem- Resolved that certified copies of this Reso- S. 2201: A bill to protect the online privacy ber of the Senior Foreign Service, Class of lution be transmitted to President of the of individuals who use the Internet. (Rept. Minister-Counselor, to be Ambassador Ex- United States, the Governor of the State of No. 107–240). traordinary and Plenipotentiary of the Hawaii, the President of the United States S. 1750: A bill to make technical correc- United States of America to the Islamic Re- Senate, the Speaker of the United States tions to the HAZMAT provisions of the USA public of Pakistan. House of Representatives, Hawaii’s PATRIOT Act. (Rept. No. 107–241). Nominee: Nancy J. Powell. coangressional delegation, and the President By Mr. BIDEN, from the Committee on Post: Islamabad, Pakistan. of the People’s Republic of China and the Foreign Relations, with an amendment in The following is a list of all members of Mayor of the municipality of Tianjin the nature of a substitute and an amendment my immediate family and their spouses. I through the Los Angeles Consulate General to the title: have asked each of these persons to inform of the People’s Republic of China. H.R. 2121: A bill to make available funds me of the pertinent contributions made by f under the Foreign Assistance Act of 1961 to them. To the best of my knowledge, the information contained in this report is com- REPORTS OF COMMITTEES expand democracy, good governance, and anti-corruption programs in the Russian plete and accurate. The following reports of committees Federation in order to promote and strength- Contributions, amount, date, donee: were submitted: en democratic government and civil society 1. Self, none. By Mr. ROCKEFELLER, from the Com- in that country and to support independent 2. Spouse, N/A. mittee on Veterans’ Affairs, with an amend- media. 3. Children and Spouses, Names: N/A. ment in the nature of a substitute and an By Mr. BIDEN, from the Committee on 4. Parents Names: Joseph and J. Maxine amendment to the title: Foreign Relations, without amendment: Powell None. S. 2043: A bill to amend title 38, United H.R. 4558: A bill to extend the Irish Peace 5. Grandparents Names: N/A. States Code, to extend by five years the pe- Process Cultural and Training Program. 6. Brothers and Spouses Names: William riod for the provision by the Secretary of By Mr. BIDEN, from the Committee on Powell none. Veterans Affairs of noninstitutional ex- Foreign Relations, without amendment and 7. Sisters and Spouses Names: N/A. tended care services and required nursing with an amended preamble: By Mr. BAUCUS for the Committee on Fi- home care, and for other purposes. (Rept. No. S. RES. 309: A resolution expressing the nance. 107–231). sense of the Senate that Bosnia and *Pamela F. Olson, of Virginia, to be an As- By Mr. HOLLINGS, from the Committee Herzegovina should be congratulated on the sistant Secretary of the Treasury. on Commerce, Science, and Transportation, 10th anniversary of its recognition by the *Charlotte A. Lane, of West Virginia, to be with amendments: United States. a Member of the United States International S. 1871: A bill to direct the Secretary of By Mr. KENNEDY, from the Committee on Trade Commission for a term expiring De- Transportation to conduct a rail transpor- Health, Education, Labor, and Pensions, cember 16, 2009. tation security risk assessment, and for with an amendment: By Mr. KENNEDY for the Committee on other purposes. (Rept. No. 107–232). S. 2394: A bill to amend the Federal Food, Health, Education, Labor, and Pensions. By Mr. BAUCUS, from the Committee on Drug, and Cosmetic Act to require labeling *Edward J. Fitzmaurice, Jr., of Texas, to Finance, with an amendment in the nature containing information applicable to pedi- be a Member of the National Mediation of a substitute and an amendment to the atric patients. Board for a term expiring July 1, 2004. title: By Mr. BIDEN, from the Committee on *Harry R. Hoglander, of Massachusetts, to S. 724: A bill to amend title XXI of the So- Foreign Relations, with an amendment in be a Member of the National Mediation cial Security Act to provide for coverage of the nature of a substitute and with an Board for a term expiring July 1, 2005. pregnancy-related assistance for targeted amended preamble: *Nomination was reported with rec- low-income pregnant women. (Rept. No. 107– S. CON. RES. 122: A concurrent resolution ommendation that it be confirmed subject 233). expressing the sense of Congress that secu- the nominee’s commitment to respond to re- By Mr. ROCKEFELLER, from the Com- rity, reconciliation, and prosperity for all quests to appear and testify before any duly mittee on Veterans’ Affairs, with an amend- Cypriots can be best achieved within the constituted committee of the Senate. ment in the nature of a substitute and an context of membership in the European By Mr. HARKIN for the committee on Ag- amendment to the title: Union which will provide significant rights riculture, Nutrition, and Forestry. S. 2237: A bill to amend title 38, United and obligations for all Cypriots, and for Thomas C. Dorr, of Iowa, to be Under Sec- States Code, to enhance compensation for other purposes. retary of Agriculture for Rural Development. veterans with hearing loss, and for other (The nomination was reported without the purposes. (Rept. No. 107–234). f recommendation that it be confirmed.) By Mr. HOLLINGS, from the Committee EXECUTIVE REPORTS OF Thomas C. Dorr, of Iowa, to be a Member on Commerce, Science, and Transportation, of the Board of Directors of the Commodity without amendment: COMMITTEES Credit Corporation. S. 1739: A bill to authorize grants to im- The following executive reports of (The nomination was reported without the prove security on over-the-road buses. (Rept. committees were submitted: recommendation that is be confirmed.) No. 107–235). The nominees agreed to respond to re- By Mr. BIDEN for the Committee on For- By Mr. KERRY, from the Committee on quests to appear and testify before any duly eign Relations. Small Business and Entrepreneurship, with constituted committee of the Senate. amendments: *Richard L. Baltimore III, of New York, a S. 2335: A bill to establish the Office of Na- Career Member of the Senior Foreign Serv- The following executive reports of tive American Affairs within the Small Busi- ice, Class of Minister-Counselor, to be Am- committee were submitted: ness Administration, to create the Native bassador Extraordinary and Plenipotentiary By Mr. BIDEN, from the Committee on American Small Business Development Pro- of the United States to the Salutanate of Foreign Relations: Treaty Doc. 105–32 South gram, and for other purposes. (Rept. No. 107– Oman. Pacific Environment Programme Agreement 236). Nominee: Richard L. Baltimore III. (Exec. Rept. No. 107–7)

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00082 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 1, 2002 CONGRESSIONAL RECORD — SENATE S7899 Text of Committee-recommended Resolu- agement services, and for other purposes; to procedure to a standard therapy; to the Com- tion of advice and consent: Resolved (two- the Committee on Commerce, Science, and mittee on Health, Education, Labor, and thirds of the Senators present concurring Transportation. Pensions. therein), By Mr. ENSIGN (for himself and Mr. By Mr. SCHUMER: Section 1. Advice and Consent to Ratifica- REID): S. 2850. A bill to create a penalty for auto- tion of the Agreement Establishing the S. 2840. A bill to designate the facility of mobile insurance fraud, and for other pur- South Pacific Regional Environmental Pro- the United States Postal Service located at poses; to the Committee on the Judiciary. gramme, subject to a Declaration. 120 North Main Street in Fallon, Nevada, as By Mr. TORRICELLI: The Senate advises and consents to the the ‘‘Rollan D. Melton Post Office Building’’; S. 2851. A bill to amend the Internal Rev- ratification of the Agreement Establishing to the Committee on Governmental Affairs. enue Code of 1986 to increase the deduction the South Pacific Regional Environment By Mr. CORZINE (for himself, Mr. CAR- for qualified higher education expenses to Programme, done at Apia on June 16, 1993 PER, Mr. ENSIGN, Mr. SCHUMER, and $10,000, and for other purposes; to the Com- (Treaty Doc. 105–32), subject to the declara- Mr. ALLARD): mittee on Finance. tion in Section 2. S. 2841. A bill to adjust the indexing of By Mr. TORRICELLI: Section 2. Declaration. multifamily mortgage limits, and for other S. 2852. A bill to amend the Internal Rev- The advice and consent of the Senate is purposes; to the Committee on Banking, enue Code of 1986 to provide for employee subject to the declaration that the ‘‘no res- Housing, and Urban Affairs. benefits for work site employees of certain ervations’’ provision in Article 10 of the By Mrs. CARNAHAN: corporations operating on a cooperative Agreement has the effect of inhibiting the S. 2842. A bill to amend the Older Ameri- basis; to the Committee on Finance. Senate in its exercise of its constitutional cans Act of 1965 to authorize appropriations By Mr. JOHNSON (for himself and Mr. duty to give advice and consent to ratifica- for demonstration projects to provide sup- DORGAN): tion of a treaty, and that the Senate’s ap- portive services to older individuals who re- S. 2853. A bill to direct the Secretary of the proval of the Agreement should not be con- side in naturally occurring retirement com- Interior to establish the Missouri River Mon- strued as a precedent for acquiescence to fu- munities; to the Committee on Health, Edu- itoring and Research Program, to authorize ture treaties containing such provisions. cation, Labor, and Pensions. the establishment of the Missouri River Treaty Doc. 107–2 Protocol Amending 1949 By Ms. LANDRIEU: Basin Stakeholder Committee, and for other S. 2843. A bill to direct the Consumer Prod- Convention of Inter-American Tropical Tuna purposes; to the Committee on Environment uct Safety Commission to promulgate a rule Commission (Exec. Rept. No. 107–6) and Public Works. that requires manufacturers of certain con- Text of Committee-recommended resolu- By Mr. BINGAMAN (for himself, Mr. sumer products to establish and maintain a tion of advice and consent: Resolved (two- ROBERTS, and Mr. ENZI): system for providing notification of recalls thirds of the Senators present concurring S. 2854. A bill to amend title XVIII of the of such products to consumers who first pur- therein), That the Senate advise and consent Social Security Act to improve dispropor- chase such a product; to the Committee on to the ratification of the Protocol to Amend tionate share medicare payments to hos- Commerce, Science, and Transportation. the 1949 Convention on the Establishment of pitals serving vulnerable populations; to the By Mr. ROCKEFELLER: an Inter-American Tropical Tuna Commis- Committee on Finance. S. 2844. A bill to amend the Internal Rev- sion, done at Guayaquil, June 11, 1999, and By Mr. BINGAMAN (for himself, Mr. enue Code of 1986 to provide a tax incentive signed by the United States, subject to rati- ROCKEFELLER, and Mr. GRAHAM): to individuals teaching in elementary and fication, in Guayaquil, Ecuador, on the same S. 2855. A bill to amend title XIX of the So- secondary schools located in rural or high date (Treaty Doc. 107–2). cial Security Act to improve the qualified unemployment areas and to individuals who medicare beneficiary (QMB) and special low- f achieve certification from the National income medicare beneficiary (SLMB) pro- Board for Professional Teaching Standards, INTRODUCTION OF BILLS AND grams within the medicaid program; to the and for other purposes; to the Committee on JOINT RESOLUTIONS Committee on Finance. Finance. By Mr. TORRICELLI (for himself and The following bills and joint resolu- By Mr. CORZINE (for himself and Mr. Mr. CHAFEE): tions were introduced, read the first TORRICELLI): S. 2845. A bill to extend for one year proce- S. 2856. A bill to designate Colombia under and second times by unanimous con- section 244 of the Immigration and Nation- sent, and referred as indicated: dural relief provided under the USA PA- TRIOT Act for individuals who were or are ality Act in order to make nationals of Co- By Mr. ENZI (for himself, Mr. GRASS- victims or survivors of victims of a terrorist lombia eligible for temporary protected sta- LEY, and Mr. HAGEL): attack on the United States on September tus under such section; to the Committee on S. 2834. A bill to provide emergency live- 11, 2001; to the Committee on the Judiciary. the Judiciary. stock assistance to agricultural producers, By Mr. EDWARDS (for himself and Mr. By Mr. ROCKEFELLER (for himself, Ms. COLLINS, and Mr. WYDEN): with an offset; to the Committee on Agri- SCHUMER): culture, Nutrition, and Forestry. S. 2846. A bill to establish a commission to S. 2857. A bill to amend titles XVIII and By Mr. FEINGOLD (for himself and Ms. evaluate investigative and surveillance tech- XIX of the Social Security Act to improve COLLINS): nologies to meet law enforcement and na- the requirements regarding advance direc- S. 2835. A bill to promote the development tional security needs in the manner that tives in order to ensure that an individual’s of health care cooperatives that will help best preserves the personal dignity, liberty, health care decisions are complied with, and businesses to pool the health care purchasing and privacy of individuals within the United for other purposes; to the Committee on Fi- power of employers, and for other purposes; States; to the Committee on the Judiciary. nance. to the Committee on Health, Education, By Mr. FEINGOLD: By Ms. SNOWE (for herself and Ms. Labor, and Pensions. S. 2847. A bill to assist in the conservation COLLINS): By Mr. TORRICELLI: of cranes by supporting and providing, S. 2858. A bill to modify the project for S. 2836. A bill to suspend temporarily the through projects of persons and organiza- navigation, Union River, Maine; to the Com- duty on manganese metal; to the Committee tions with expertise in crane conservation, mittee on Environment and Public Works. on Finance. financial resources for the conservation pro- By Ms. SNOWE (for herself and Ms. By Ms. LANDRIEU: grams of countries the activities of which di- COLLINS): S. 2837. A bill to amend the Internal Rev- rectly or indirectly affect cranes; to the S. 2859. A bill to deauthorize the project for enue Code of 1986 to allow businesses to qual- Committee on Environment and Public navigation, Northeast harbor, Maine; to the ify as renewal community businesses if such Works. Committee on Environment and Public businesses employ residents of certain other By Ms. COLLINS (for herself, Mr. Works. renewal communities; to the Committee on CLELAND, Mr. HUTCHINSON, Mr. By Mr. ROCKEFELLER (for himself, Finance. KERRY, Ms. SNOWE, and Mr. MILLER): Mr. CHAFEE, Mr. KENNEDY, and Mr. By Mrs. FEINSTEIN: S. 2848. A bill to amend title XVIII of the HATCH): S. 2838. A bill to provide for the convey- Social Security Act to provide for a clari- S. 2860. A bill to amend title XXI of the So- ance of Forest Service facilities and lands fication of the definition of homebound for cial Security Act to modify the rules for re- comprising the Five Mile Regional Learning purposes of determining eligibility for home distribution and extended availability of fis- Center in the State of California to the Clo- health services under the medicare program; cal year 2000 and subsequent fiscal year al- vis Unified School District, to authorize a to the Committee on Finance. lotments under the State children’s health new special use permit regarding the contin- By Ms. COLLINS (for herself and Mrs. insurance program, and for other purposes; ued use of unconveyed lands comprising the MURRAY): to the Committee on Finance. Center, and for other purposes; to the Com- S. 2849. A bill to increase the supply of pan- By Mr. INHOFE: mittee on Energy and Natural Resources. creatic islet cells for research, to provide S. 2861. A bill to empower States with au- By Mr. CLELAND: better coordination of Federal efforts and in- thority for most taxing and spending for S. 2839. A bill to enhance the protection of formation on islet cell transplantation, and highway programs and mass transit pro- privacy of children who use school or library to collect the data necessary to move islet grams, and for other purposes; to the Com- computers employing Internet content man- cell transplantation from an experimental mittee on Finance.

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By Mr. MCCAIN (for himself, Mr. HOL- By Mr. DAYTON (for himself, Mr. fers involving international transactions; to LINGS, Ms. CANTWELL, and Mr. BIDEN): CORZINE, Mr. INOUYE, and Mr. the Committee on Banking, Housing, and S. 2862. A bill to provide for the establish- WELLSTONE): Urban Affairs. ment of a scientific basis for new firefighting S. 2874. A bill to provide benefits to domes- By Mr. SMITH of New Hampshire (for technology standards, improve coordination tic partners of Federal employees; to the himself, Mr. HELMS, and Mr. HUTCH- among Federal, State, and local fire officials Committee on Governmental Affairs. INSON): in training for and responding to terrorist By Mr. WELLSTONE (for himself, Mr. S. 2886. A bill to amend the Internal Rev- attacks and other national emergencies, and DAYTON, and Ms. MIKULSKI): enue Code of 1986 to ensure the religious free for other purposes; to the Committee on S. 2875. A bill to amend the Employee Re- exercise and free speech rights of churches Commerce, Science, and Transportation. tirement Income Security Act of 1974 to in- and other houses of worship to engage in an By Mr. MCCAIN: crease the maximum levels of guaranteed insubstantial amount of political activities; S. 2863. A bill to provide for deregulation of single-employer plan benefits, and for other to the Committee on Finance. consumer broadband services; to the Com- purposes; to the Committee on Health, Edu- By Mrs. FEINSTEIN: mittee on Commerce, Science, and Transpor- cation, Labor, and Pensions. S. 2887. A bill to provide for the sharing of tation. By Mrs. MURRAY (for herself and Mr. homeland security information by Federal By Mr. HUTCHINSON: WELLSTONE): intelligence and law enforcement agencies S. 2864. A bill to modify the full payment S. 2876. A bill to amend part A of title IV with State and local entities; to the Com- amount available to States under the Secure of the Social Security Act to promote secure mittee on the Judiciary. Rural Schools and Community Self-Deter- and healthy families under the temporary By Mrs. BOXER: mination Act of 2000, and for other purposes; assistance to needy families program, and S. 2888. A bill to direct the Administrator to the Committee on Energy and Natural Re- for other purposes; to the Committee on Fi- of General Services to convey to Fresno sources. nance. County, California, the existing Federal By Mr. THURMOND: S. 2865. A bill to establish Fort Sumter and By Mr. LIEBERMAN (for himself and courthouse in that country; to the Com- Fort Moultrie National Historical Park in Mrs. BOXER): mittee on Environment and Public Works. the State of South Carolina, and for other S. 2877. A bill to amend the Internal Rev- By Mr. HUTCHINSON: purposes; to the Committee on Energy and enue Code of 1986 to ensure that stock op- S. 2889. A bill to amend the Internal Rev- Natural Resources. tions of public companies are granted to enue Code of 1986 to allow individuals a re- By Mr. GREGG (for himself, Mr. rank and file employees as well as officers fundable credit against income tax for the HUTCHINSON, Mr. CRAIG, and Mr. and directors, and for other purposes; to the purchase of private health insurance; to the BROWNBACK): Committee on Finance. Committee on Finance. S. 2866. A bill to provide scholarships for By Mr. FEINGOLD: By Mr. DODD (for himself and Mr. District of Columbia elementary and sec- S. 2878. A bill to amend part A of title IV DEWINE): ondary students, and for other purposes; to of the Social Security Act to ensure fair S. 2890. A bill to amend the Public Health the Committee on Governmental Affairs. treatment and due process protections under Service Act to establish grant programs to By Mr. GRASSLEY (for himself and the temporary assistance to needy families provide for education and outreach on new- Mr. FEINGOLD): program, to facilitate enhanced data collec- born screening and coordinated followup care S. 2867. A bill to amend the Agricultural tion and reporting requirements under that once newborn screening has been conducted, Marketing Act of 1946 to increase competi- program, and for other purposes; to the Com- and for other purposes; to the Committee on tion and transparency among packers that mittee on Finance. Health, Education, Labor, and Pensions. purchase livestock from producers; to the By Mr. GRASSLEY (for himself, Mr. By Mr. KERRY (for himself, Mr. HAR- Committee on Agriculture, Nutrition, and BREAUX, and Mr. ROCKEFELLER): KIN, and Ms. LANDRIEU): Forestry. S. 2879. A bill to amend titles XVIII and S. 2891. A bill to create a 4-year pilot pro- By Mr. DOMENICI (for himself, Mr. XIV of the Social Security Act to improve gram that makes small, non-profit child care CAMPBELL, and Mr. ALLARD): the availability of accurate nursing facility businesses eligible for SBA 504 loans; to the S. 2868. A bill to direct the Secretary of the staffing information, and for other purposes; Committee on Small Business and Entrepre- Army to carry out a research and dem- to the Committee on Finance. neurship. onstration program concerning control of By Mr. BINGAMAN: By Mr. KENNEDY (for himself, Mrs. salt cedar and other nonnative S. 2880. A bill to designate Fort Bayard CLINTON, and Mr. ROCKEFELLER): phreatophytes; to the Committee on Envi- Historic District in the State of New Mexico S. 2892. A bill to provide economic security ronment and Public Works. as a National Historic Landmark, and for for America’s workers; to the Committee on By Mr. KERRY (for himself and Mr. other purposes; to the Committee on Energy Finance. BROWNBACK): and Natural Resources. By Mr. DOMENICI (for himself and Mr. S. 2869. A bill to facilitate the ability of By Mr. HARKIN: BINGAMAN): certain spectrum auction winners to pursue S. 2881. A bill to amend the Internal Rev- S. 2893. A bill to provide that certain Bu- alternative measures required in the public enue Code of 1986 to exclude from income reau of Land Management land shall be held interest to meet the needs of wireless tele- amounts received by an employee from an in trust for the Pueblo of Santa Clara and communications consumers; to the Com- employer as assistance towards the purchase the Pueblo of San Ildefonso in the State of mittee on Commerce, Science, and Transpor- of a principal residence; to the Committee on New Mexico; to the Committee on Energy tation. Finance. and Natural Resources. By Mr. KERRY: By Mr. CONRAD (for himself, Mr. By Mr. MCCONNELL: S. 2870. A bill to amend titles 10 and 14, JOHNSON, and Mr. ROCKEFELLER): S. 2894. A bill to provide for the protection United States Code, to provide for the use of S. 2882. A bill to amend the Internal Rev- of the flag of the United States, and for gold in the metal content of the Medal of enue Code of 1986 to modify the tax credit for Honor; to the Committee on Armed Services. other purposes; to the Committee on the Ju- holders of qualified zone academy bonds; to By Mr. TORRICELLI (for himself, Mr. diciary. the Committee on Finance. By Mrs. FEINSTEIN (for herself, Mr. KYL, KERRY, Mr. CLELAND, Mr. REED, Mr. By Mr. CRAIG: Mrs. HUTCHISON, and Ms. SNOWE): CORZINE, Mr. SCHUMER, and Mr. DUR- S. 2883. A bill to allow States to design a S. 2895. A bill to enhance the security of BIN): program to increase parental choice in spe- S. 2871. A bill to amend the Forest and the United States by protecting seaports, cial education, to fully fund the Federal Rangeland Renewable Resources Planning and for other purposes; to the Committee on Act of 1974 and related laws to strengthen share of part B of the Individuals with Dis- Commerce, Science, and Transportation. the protection of native biodiversity and ban abilities Education Act, to help States re- By Mr. LOTT: clearcutting on Federal land, and to des- duce paperwork requirements under part B S.J. Res. 43. A joint resolution proposing ignate certain Federal land as ancient for- of such Act, and for other purposes; to the an amendment to the Constitution of the ests, roadless areas, watershed protection Committee on Health, Education, Labor, and United States to guarantee the right to use areas, special areas, and Federal boundary Pensions. and recite the Pledge of Allegiance to the areas where logging and other intrusive ac- By Mr. BAUCUS (for himself, Mr. Flag and the national motto; read the first tivities are prohibited; to the Committee on CRAPO, Mr. JOHNSON, Mr. THOMAS, time. Energy and Natural Resources. Mr. CRAIG, Mr. ENZI, Mr. CONRAD, Mr. f By Mr. FITZGERALD: BINGAMAN, and Mr. ALLARD): S. 2872. A bill to reinstate and extend the S. 2884. A bill to improve transit service to SUBMISSION OF CONCURRENT AND deadline for commencement of construction rural areas, including for elderly and dis- SENATE RESOLUTIONS of a hydroelectric project in the State of Illi- abled; to the Committee on Banking, Hous- The following concurrent resolutions ing, and Urban Affairs. nois; to the Committee on Energy and Nat- and Senate resolutions were read, and ural Resources. By Mr. CORZINE (for himself and Mr. By Mr. GRASSLEY: AKAKA): referred (or acted upon), as indicated: S. 2873. A bill to improve the provision of S. 2885. A bill to amend the Electronic By Mrs. HUTCHISON (for herself, Mr. health care in all areas of the United States; Fund Transfer Act to require additional dis- GRAMM, Ms. SNOWE, Mr. BROWNBACK, to the Committee on Finance. closures relating to exchange rates in trans- and Mr. DURBIN):

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00084 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 1, 2002 CONGRESSIONAL RECORD — SENATE S7901 S. Res. 315. A resolution congratulating (Mr. JEFFORDS) and the Senator from kota (Mr. JOHNSON) was added as a co- Lance Armstrong for winning the 2002 Tour Arkansas (Mrs. LINCOLN) were added as sponsor of S. 1991, to establish a na- de France; to the Committee on the Judici- cosponsors of S. 847, a bill to impose tional rail passenger transportation ary. By Mrs. LINCOLN (for herself, Mr. tariff-rate quotas on certain casein and system, reauthorize Amtrak, improve COCHRAN, Mr. THOMPSON, and Mr. milk protein concentrates. security and service on Amtrak, and FRIST): S. 917 for other purposes. S. Res. 316. A bill designating the year be- At the request of Ms. COLLINS, the S. 2055 ginning February 1, 2003, as the ‘‘Year of the names of the Senator from Utah (Mr. At the request of Ms. CANTWELL, the Blues’’; to the Committee on the Judiciary. By Mr. DASCHLE (for himself and Mr. BENNETT) and the Senator from Illinois name of the Senator from Idaho (Mr. LOTT): (Mr. DURBIN) were added as cosponsors CRAPO) was added as a cosponsor of S. S. Res. 317. A resolution to authorize the of S. 917, a bill to amend the Internal 2055, a bill to make grants to train sex- production of records by the Permanent Sub- Revenue Code of 1986 to exclude from ual assault nurse examiners, law en- committee on Investigations of the Com- gross income amounts received on ac- forcement personnel, and first respond- mittee on Governmental Affairs; considered count of claims based on certain un- ers in the handling of sexual assault and agreed to. lawful discrimination and to allow in- By Mrs. LINCOLN: cases, to establish minimum standards S. Res. 318. A resolution designating Au- come averaging for backpay and for forensic evidence collection kits, to gust 2002, as ‘‘National Missing Adult Aware- frontpay awards received on account of carry out DNA analyses of samples ness Month’’; considered and agreed to. such claims, and for other purposes. from crime scenes, and for other pur- By Mr. GRAMM: S. 1220 poses. S. Res. 319. A resolution recognizing the accomplishments of Professor Milton Fried- At the request of Mr. BREAUX, the S. 2067 man; considered and agreed to. name of the Senator from Maine (Ms. At the request of Mr. BINGAMAN, the By Mr. BAUCUS (for himself, Mr. COLLINS) was added as a cosponsor of S. name of the Senator from Arkansas BURNS, Mr. MILLER, Mr. LEVIN, Mr. 1220, a bill to authorize the Secretary (Mrs. LINCOLN) was added as a cospon- COCHRAN, Mrs. CLINTON, Ms. LAN- of Transportation to establish a grant sor of S. 2067, a bill to amend title DRIEU , Mr. JOHNSON, Mr. CRAPO, Mr. program for the rehabilitation, preser- XVIII of the Social Security Act to en- HELMS, and Mr. STEVENS): vation, or improvement of railroad S. Con. Res. 134. A concurrent resolution hance the access of medicare bene- expressing the sense of Congress to designate track. ficiaries who live in medically under- the fourth Sunday of each September as S. 1626 served areas to critical primary and ‘‘National Good Neighbor Day’’; to the Com- At the request of Mr. BINGAMAN, the preventive health care benefits, to im- mittee on the Judiciary. name of the Senator from North Da- prove the Medicare+Choice program, By Mr. NICKLES (for himself, Mr. KYL, kota (Mr. DORGAN) was added as a co- and for other purposes. Mr. ROBERTS, Mr. INHOFE, Mr. BUN- sponsor of S. 1626, a bill to provide dis- NING, Mr. GRAHAM, Mr. BAYH, Mr. S. 2079 HAGEL, and Mrs. CARNAHAN): advantaged children with access to At the request of Mr. ROCKEFELLER, S. Con. Res. 135. A concurrent resolution dental services. the name of the Senator from Cali- expressing the sense of Congress regarding S. 1777 fornia (Mrs. BOXER) was withdrawn as a housing affordability and urging fair and ex- At the request of Mrs. CLINTON, the cosponsor of S. 2079, a bill to amend peditious review by international trade tribunals to ensure a competitive North Amer- name of the Senator from Illinois (Mr. title 38, United States Code, to facili- ican market for softwood lumber; to the DURBIN) was added as a cosponsor of S. tate and enhance judicial review of cer- Committee on Finance. 1777, a bill to authorize assistance for tain matters regarding veteran’s bene- By Mr. BAUCUS (for himself and Mr. individuals with disabilities in foreign fits, and for other purposes. BURNS): countries, including victims of land- At the request of Mr. ROCKEFELLER, S. Con. Res. 136. A concurrent resolution mines and other victims of civil strife the name of the Senator from Montana requesting the President to issue a proclamation in observance of the 100th Anniver- and warfare, and for other purposes. (Mr. BAUCUS) was added as a cosponsor sary of the founding of the International As- S. 1785 of S. 2079, supra. sociation of Fish and Wildlife Agencies; to At the request of Mr. CLELAND, the S. 2189 the Committee on the Judiciary. names of the Senator from Arkansas At the request of Mr. ROCKEFELLER, By Mr. MILLER: (Mrs. LINCOLN) and the Senator from Il- S. Con. Res. 137. A concurrent resolution the name of the Senator from Indiana expressing the sense of Congress that the linois (Mr. DURBIN) were added as co- (Mr. BAYH) was added as a cosponsor of Federal Mediation and Conciliation Service sponsors of S. 1785, a bill to urge the S. 2189, a bill to amend the Trade Act should exert its best efforts to cause the President to establish the White House of 1974 to remedy certain effects of in- Major League Baseball Players Association Commission on National Military Ap- jurious steel imports by protecting and the owners of the teams of Major League preciation Month, and for other pur- benefits of steel industry retirees and Baseball to enter into a contract to continue poses. encouraging the strengthening of the to play professional baseball games without engaging in a strike, to lockout, or any con- S. 1867 American steel industry. duct that interferes with the playing of At the request of Mr. LIEBERMAN, the S. 2250 scheduled professional baseball games; con- names of the Senator from Illinois (Mr. At the request of Ms. SNOWE, her sidered and agreed to. DURBIN) and the Senator from South name was added as a cosponsor of S. f Carolina (Mr. HOLLINGS) were added as 2250, a bill to amend title 10, United ADDITIONAL COSPONSORS cosponsors of S. 1867, a bill to establish States Code, to reduce the age for re- the National Commission on Terrorist ceipt of military retired pay for non- S. 788 Attacks Upon the United States, and regular service from 60 to 55. At the request of Mr. SCHUMER, the for other purposes. name of the Senator from Minnesota S. 2268 S. 1877 (Mr. DAYTON) was added as a cosponsor At the request of Mr. MILLER, the of S. 788, a bill to amend the Public At the request of Mr. HARKIN, the names of the Senator from Colorado Health Service Act to establish a Na- names of the Senator from South Caro- (Mr. ALLARD), the Senator from Texas tional Organ and Tissue Donor Reg- lina (Mr. HOLLINGS), the Senator from (Mrs. HUTCHISON), the Senator from istry that works in conjunction with Washington (Mrs. MURRAY) and the South Carolina (Mr. THURMOND), the State organ and tissue donor registries, Senator from Colorado (Mr. ALLARD) Senator from Kansas (Mr. ROBERTS), to create a public-private partnership were added as cosponsors of S. 1877, a the Senator from Louisiana (Mr. to launch an aggressive outreach and bill to clarify and reaffirm a cause of BREAUX), the Senator from Kentucky education campaign about organ and action and Federal court jurisdiction (Mr. MCCONNELL), the Senator from tissue donation and the Registry, and for certain claims against the Govern- Missouri (Mr. BOND) and the Senator for other purposes. ment of Iran. from Iowa (Mr. GRASSLEY) were added S. 847 S. 1991 as cosponsors of S. 2268, a bill to amend At the request of Mr. DAYTON, the At the request of Mr. HOLLINGS, the the Act establishing the Department of names of the Senator from Vermont name of the Senator from South Da- Commerce to protect manufacturers

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00085 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7902 CONGRESSIONAL RECORD — SENATE August 1, 2002 and sellers in the firearms and ammu- the Economic Growth and Tax Relief enue Code of 1986 to provide involun- nition industry from restrictions on Reconciliation Act of 2001 with respect tary conversion tax relief for producers interstate or foreign commerce. to the expansion of the adoption credit forced to sell livestock due to weather- S. 2335 and adoption assistance programs. related conditions or Federal land At the request of Mr. JOHNSON, the S. 2654 management agency policy or action, name of the Senator from Washington At the request of Ms. CANTWELL, the and for other purposes. (Mrs. MURRAY) was added as a cospon- name of the Senator from Washington At the request of Mr. THOMAS, the sor of S. 2335, a bill to establish the Of- (Mrs. MURRAY) was added as a cospon- names of the Senator from Colorado fice of Native American Affairs within sor of S. 2654, a bill to amend the Inter- (Mr. CAMPBELL), the Senator from New the Small Business Administration, to nal Revenue Code of 1986 to exclude Mexico (Mr. DOMENICI) and the Senator create the Native American Small from gross income loan payments re- from Montana (Mr. BURNS) were added Business Development Program, and ceived under the National Health Serv- as cosponsors of S. 2762, supra. for other purposes. ice Corps Loan Repayment Program es- S. 2770 S. 2395 tablished in the Public Health Service At the request of Ms. SNOWE, her At the request of Mr. BIDEN, the Act. name was added as a cosponsor of S. name of the Senator from Virginia (Mr. S. 2700 2770, a bill to amend the Federal Law ALLEN) was withdrawn as a cosponsor At the request of Mrs. LINCOLN, the Enforcement Pay Reform Act of 1990 to of S. 2395, a bill to prevent and punish name of the Senator from North Da- adjust the percentage differentials pay- counterfeiting and copyright piracy, kota (Mr. DORGAN) was added as a co- able to Federal law enforcement offi- and for other purposes. sponsor of S. 2700, a bill to amend titles cers in certain high-cost areas. S. 2425 II and XVI of the Social Security Act S. 2777 At the request of Ms. SNOWE, her to limit the amount of attorney assess- At the request of Mr. CRAIG, the name was added as a cosponsor of S. ments for representation of claimants name of the Senator from Mississippi 2425, a bill to prohibit United States as- and to extend the attorney fee pay- (Mr. COCHRAN) was added as a cospon- sistance and commercial arms exports ment system to claims under title XVI sor of S. 2777, a bill to repeal the sunset to countries and entities supporting of that Act. of the Economic Growth and Tax Relief international terrorism. S. 2712 Reconciliation Act of 2001 with respect S. 2430 At the request of Mr. MCCAIN, his to the treatment of qualified public educational facility bonds as exempt At the request of Mr. BREAUX, the name was added as a cosponsor of S. name of the Senator from Louisiana 2712, a bill to authorize economic and facility bonds. (Ms. LANDRIEU) was added as a cospon- democratic development assistance for S. 2790 sor of S. 2430, a bill to provide for par- Afghanistan and to authorize military At the request of Ms. CANTWELL, the ity in regulatory treatment of assistance for Afghanistan and certain name of the Senator from Montana broadband services providers and of other foreign countries. (Mr. BAUCUS) was added as a cosponsor broadband access services providers, At the request of Mr. HAGEL, the of S. 2790, a bill to provide lasting pro- and for other purposes. name of the Senator from Virginia (Mr. tection for inventoried roadless areas S. 2458 ALLEN) was added as a cosponsor of S. within the National Forest System. At the request of Mrs. HUTCHISON, the 2712, supra. S. 2794 name of the Senator from Maryland S. 2714 At the request of Mr. BUNNING, his (Ms. MIKULSKI) was added as a cospon- At the request of Mrs. CLINTON, the name was added as a cosponsor of S. sor of S. 2458, a bill to enhance United name of the Senator from New Jersey 2794, a bill to establish a Department of States diplomacy, and for other pur- (Mr. TORRICELLI) was added as a co- Homeland Security, and for other purposes. sponsor of S. 2714, a bill to extend and poses. At the request of Mr. GRAMM, the S. 2521 expand the Temporary Extended Unem- names of the Senator from Colorado At the request of Mr. KERRY, the ployment Compensation Act of 2002. (Mr. ALLARD), the Senator from Utah name of the Senator from South Da- S. 2715 (Mr. BENNETT), the Senator from Mis- kota (Mr. JOHNSON) was added as a co- At the request of Mrs. CLINTON, the souri (Mr. BOND), the Senator from Col- sponsor of S. 2521, a bill to amend title name of the Senator from New Jersey orado (Mr. CAMPBELL), the Senator II of the Social Security Act to restrict (Mr. TORRICELLI) was added as a co- from Idaho (Mr. CRAIG), the Senator the application of the windfall elimi- sponsor of S. 2715, a bill to provide an from Idaho (Mr. CRAPO), the Senator nation provision to individuals whose additional extension of the period of from Ohio (Mr. DEWINE), the Senator combined monthly income from bene- availability of unemployment assist- from Nevada (Mr. ENSIGN), the Senator fits under such title and other monthly ance under the Robert T. Stafford Dis- from Wyoming (Mr. ENZI), the Senator periodic payments exceeds $2,000 and to aster Relief and Emergency Assistance from Tennessee (Mr. FRIST), the Sen- provide for a graduated implementa- Act in the case of victims of the ter- ator from Iowa (Mr. GRASSLEY), the tion of such provision on amounts rorist attacks of September 11, 2001. Senator from New Hampshire (Mr. above such $2,000 amount. S. 2748 GREGG), the Senator from Nebraska S. 2529 At the request of Mrs. HUTCHISON, the (Mr. HAGEL), the Senator from Utah name of the Senator from North Caro- At the request of Mr. BINGAMAN, the (Mr. HATCH), the Senator from Arkan- lina (Mr. HELMS) was added as a co- name of the Senator from Iowa (Mr. sas (Mr. HUTCHINSON), the Senator from sponsor of S. 2748, a bill to authorize GRASSLEY) was added as a cosponsor of North Carolina (Mr. HELMS), the Sen- the formulation of State and regional S. 2529, a bill to amend title XVIII of ator from Montana (Mr. BURNS), the emergency telehealth network testbeds the Social Security Act to improve the Senator from Virginia (Mr. WARNER), medicare incentive payment program. and, within the Department of Defense, the Senator from South Carolina (Mr. a telehealth task force. S. 2626 THURMOND), the Senator from Wyo- At the request of Ms. SNOWE, her S. 2749 ming (Mr. THOMAS), the Senator from name was added as a cosponsor of S. At the request of Mr. SPECTER, his Oregon (Mr. SMITH), the Senator from 2626, a bill to protect the public health name was added as a cosponsor of S. New Hampshire (Mr. SMITH), the Sen- by providing the Food and Drug Ad- 2749, a bill to establish the Highlands ator from Alabama (Mr. SESSIONS), the ministration with certain authority to Stewardship Area in the States of Con- Senator from Pennsylvania (Mr. regulate tobacco products. necticut, New Jersey, New York, and SANTORUM), the Senator from Kansas S. 2643 Pennsylvania, and for other purposes. (Mr. ROBERTS), the Senator from Okla- At the request of Mr. BUNNING, the S. 2762 homa (Mr. NICKLES), the Senator from name of the Senator from Oklahoma At the request of Mr. JOHNSON, his Alaska (Mr. MURKOWSKI), the Senator (Mr. INHOFE) was added as a cosponsor name was added as a cosponsor of S. from Arizona (Mr. MCCAIN), the Sen- of S. 2643, a bill to repeal the sunset of 2762, a bill to amend the Internal Rev- ator from Mississippi (Mr. LOTT), the

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00086 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 1, 2002 CONGRESSIONAL RECORD — SENATE S7903 Senator from Arizona (Mr. KYL), the HARKIN) was added as a cosponsor of S. United States that collectively pur- Senator from Oklahoma (Mr. INHOFE) Con. Res. 122, a concurrent resolution chase health care. Through these pools, and the Senator from Texas (Mrs. expressing the sense of Congress that businesses are able to proactively chal- HUTCHISON) were added as cosponsors of security, reconciliation, and prosperity lenge high costs and inefficient deliv- S. 2794, supra. for all Cypriots can be best achieved ery of health care and share informa- S. 2798 within the context of membership in tion on quality. These coalitions rep- At the request of Mr. DURBIN, the the European Union which will provide resent over 7,000 employers and ap- names of the Senator from Massachu- significant rights and obligations for proximately 34 million employees na- setts (Mr. KENNEDY), the Senator from all Cypriots, and for other purposes. tion-wide. West Virginia (Mr. ROCKEFELLER) and S. CON. RES. 129 Improving the quality of health care the Senator from Massachusetts (Mr. At the request of Mr. CRAPO, the will also lower the cost of care. By in- KERRY) were added as cosponsors of S. name of the Senator from Colorado vesting in the delivery of quality 2798, a bill to protect employees and re- (Mr. CAMPBELL) was added as a cospon- health car, we will be able to lower tirees from corporate practices that de- sor of S. Con. Res. 129, a concurrent long term health care costs. Effective prive them of their earnings and retire- resolution expressing the sense of Con- care, such as quality preventive serv- ment savings when a business files for gress regarding the establishment of ices, can reduce overall health care ex- bankruptcy under title 11, United the month of November each year as penditures. Health purchasing coali- States Code. ‘‘Chronic Obstructive Pulmonary Dis- tions help promote these services and S. 2800 ease Awareness Month’’. act as an employer forum for networking and education on health care At the request of Mr. BAUCUS, the f names of the Senator from New York cost containment strategies. They can STATEMENTS ON INTRODUCED help foster a dialogue with health care (Mrs. CLINTON) and the Senator from BILLS AND JOINT RESOLUTIONS providers, insurers, and local HMOs. New York (Mr. SCHUMER) were added as Health care markets are local. Prob- cosponsors of S. 2800, a bill to provide By Mr. FEINGOLD (for himself lems with cost, quality, and access to emergency disaster assistance to agri- and Ms. COLLINS): S. 2835. A bill to promote the develop- healthcare are felt most intensely in cultural producers. ment of health care cooperatives that the local markets. Health care coali- S. 2814 will help businesses to pool the health tions can function best when they are At the request of Mr. DORGAN, the care purchasing power of employers, formed and implemented locally. name of the Senator from Colorado and for other purposes; to the Com- Local employers of large and small (Mr. ALLARD) was added as a cosponsor mittee on Health, Education, Labor, businesses have formed health care of S. 2814, a bill to amend the Farm Se- and Pensions. coalitions to track health care trends, curity and Rural Investment Act of Mr. FEINGOLD. Mr. President, I rise create a demand for quality and safety, 2002 to clarify the rates applicable to today with my colleague from Maine to and encourage group purchasing. marketing assistance loans and loan introduce legislation to help businesses In Wisconsin, there have been various deficiency payments for other oilseeds. form group-purchasing cooperatives to successful initiatives that have formed S. 2819 obtain enhanced benefits, to reduce health care purchasing cooperatives to At the request of Mr. JEFFORDS, the health care rates, and to improve qual- improve quality of care and to reduce name of the Senator from Louisiana ity for their employees’ health care. cost. For example, the Employer (Ms. LANDRIEU) was added as a cospon- High health care costs are burdening Health Care Alliance Cooperative, an sor of S. 2819, a bill to amend title XXI businesses and employees across the employer-owned and employer-directed of the Social Security Act to permit Nation. These costs are digging into not-for-profit cooperative, has devel- qualifying States to use a portion of profits and preventing access to afford- oped a network of health care providers their unspent allotments under the able health care. Too many patients in Dane County and 12 surrounding State children’s health insurance pro- feel trapped by the system, with deci- counties on behalf of its 170 member gram to expand health coverage under sions about their health dictated by employers. Through this pooling effort, that program or for expenditures under costs rather than by what they need. employers are able to obtain afford- the medicaid program, and for other This year has been the third year in able, high-quality health care for their purposes. a row of double-digit increases in 110,000 employees and dependents. S. 2820 health care costs. Companies will like- This legislation seeks to build on At the request of Mrs. CARNAHAN, the ly face average increases of 12 to 15 per- successful local initiatives, such as The name of the Senator from Massachu- cent in 2003, on top of the 12.7 percent Alliance, that help businesses to join setts (Mr. KENNEDY) was added as a co- increase this year. together to increase access to afford- sponsor of S. 2820, a bill to increase the For some employers in Wisconsin, able and high-quality health care. priority dollar amount for unsecured costs will rise much more sharply. A The Promoting Health Care Pur- claims, and for other purposes. recent study found health care cost for chasing Cooperatives Act would au- businesses in southeastern Wisconsin thorize grants to a group of businesses S. 2826 were 55 percent higher than the Mid- so that they could form group-pur- At the request of Mr. SCHUMER, the west average. While nationwide, the chasing cooperatives to obtain en- names of the Senator from Georgia average health care premium for a hanced benefits, reduce health care (Mr. CLELAND), the Senator from South family currently costs about $588 per rates, and improve quality. Dakota (Mr. JOHNSON) and the Senator month, in Wisconsin an average family This legislation offers two separate from Maine (Ms. COLLINS) were added pays $812 per month. grant programs to help different types as cosponsors of S. 2826, a bill to im- We must curb these rapidly-increas- of businesses pool their resources and prove the national instant criminal ing health care premiums. I strongly bargaining power. Both programs background check system, and for support initiatives to ensure that ev- would aid businesses to form coopera- other purposes. eryone has access to health care. It is tives. The first program would help S. 2830 crucial that we support successful local large businesses that sponsor their own At the request of Mr. ROBERTS, the initiatives to reduce health care pre- health plans, while the second program names of the Senator from North Caro- miums and to improve the quality of would help small businesses that pur- lina (Mr. HELMS) and the Senator from employees; health care. chase their health insurance. Idaho (Mr. CRAIG) were added as co- By using group purchasing to obtain My bill would enable larger busi- sponsors of S. 2830, a bill to provide rate discounts, some employers have nesses to form cost-effective coopera- emergency disaster assistance to agri- been able to reduce the cost of health tives that could offer quality health cultural producers. care premiums for their employees. Ac- care through several ways. First, they S. CON. RES. 122 cording to the National Business Coali- could obtain health services through At the request of Ms. SNOWE, the tion on Health, there are more than 90 pooled purchasing from physicians, name of the Senator from Iowa (Mr . employer-led coalitions across the hospitals, home health agencies, and

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00087 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7904 CONGRESSIONAL RECORD — SENATE August 1, 2002 others. By pooling their experience and nities that are eligible to share in an the Ouachita Renewal Community interests, employers involved in a coa- estimated $17 billion in tax incentives would qualify for the tax benefits if lition could better attack the essential to stimulate job growth, promote eco- they could count any employees they issues, such as rising health insurance nomic development, and create afford- hired from the adjacent North Lou- rates and the lack of comparable able housing. The purpose of the Act is isiana Renewal Community toward health care quality data. They would to help bring needed investment to meeting the thirty-five percent re- be able to share information regarding areas with demonstrated economic dis- quirement. My legislation will allow the quality of these services and to tress. The poverty rate in renewal com- the employers in one renewal commu- partner with these health care pro- munities is at least 20 percent, and the nity to hire employees from an adja- viders to meet the needs of their em- unemployment rate is one-and-a-half cent or nearby renewal community ployees. times the national level. The house- areas and still receive the tax benefits For smaller businesses that purchase holds in the renewal communities have granted through the Act. their health insurance, the formation incomes that are 80 percent below the The goal of the Renewal Community of cooperatives would allow them to median income of households in their Program is to provide a vehicle for buy health insurance at lower prices local jurisdictions. change in poverty stricken areas. It through pooled purchasing. Also, the Businesses in renewal communities makes sense that we take steps to add communication within these coopera- are eligible to receive wage credits, tax flexibility to the program. Employees tives would provide employees of small deductions, and capital gains exclu- with a particular skill set may be bet- businesses with better information sions for hiring workers living in the ter suited to work at companies lo- about the health care options that are renewal communities. In order for busi- cated in an adjacent renewal commu- available to them. Finally, coalitions nesses to qualify for participation in nity. My legislation provides employ- would serve to promote quality im- the program they must meet certain ers and employees with the oppor- provements by facilitating partner- criteria. For example, at least fifty tunity to take full advantage of the ships between their group and the percent of the total gross income of a Renewal Community program. health care providers. business must come from operations This legislation is an opportunity for By working together, the group could within the renewal community and a continued assistance to low income develop better quality insurance plans substantial part of its tangible prop- people and economically distressed and negotiate better rates. erty must lie within the renewal com- areas of our country. I urge my col- Past health purchasing pool initia- munity. Furthermore, at least thirty- leagues to support this bill. tives have focused only on cost and five percent of its employees must be have tried to be all things for all peo- residents of the renewal community By Mrs. FEINSTEIN: ple. My legislation creates an incentive and the employees’ services must be S. 2838. A bill to provide for the con- to join the pool by giving grants to a performed in the renewal community. veyance of Forest Service facilities and group of similar businesses to form The Renewal Community program is lands comprising the Five Mile Re- group-purchasing cooperatives. The targeted to help small businesses in gional Learning Center in the State of pool are also given flexibility to find poor communities. Through the tax California to the Clovis Unified School innovative ways to lower costs, such as benefits provided, the small and fam- District, to authorize a new special use enhancing benefits, for example, more ily-owned businesses are able to main- permit regarding the continued use of preventive care, and improving quality. tain their operations and continue sup- unconveyed lands comprising the Cen- Finally, the cooperative structure is a plying goods and services to their ter, and for other purposes; to the Com- proven model, which creates an incen- neighborhoods. These businesses are mittee on Energy and Natural Re- tive for businesses to remain in the the true essence of the entrepreneurial sources. pool because they will be invested in spirit and are the engines of economic Mrs. FEINSTEIN. Mr. President, I the organization. growth and development. The Renewal am proud to introduce legislation We must reform health care in Amer- Community program also encourages today to transfer 27 acres of land from ica and give employers and employees the start of new businesses. Louisiana the Stanislaus National Forest to the more options. This legislation, by pro- has really benefited from this program. Clovis Unified School District. viding for the formation of cost-effec- It has been a catalyst in boosting local This bill allows the school district to tive coalitions that will also improve economics and cutting unemployment. continue operating the California Five the quality of care, contributes to this Louisiana has four renewal commu- Mile Regional Learning Center and, essential reform process. I urge my col- nities. Some of them border one an- more importantly, raise the necessary leagues to join me in cosponsoring this other. Under the rules of the program, funds to renovate the facilities. proposal to improve the quality and however, a business cannot take advan- Since 1989, Clovis Unified School Dis- ease the costs of health care. tage of the tax incentives if they hire trict has leased the Five Mile Regional someone who lives outside the renewal Learning Center from the Forest Serv- By Ms. LANDRIEU: community, even if that person lives in ice to offer programs to students living S. 2837. A bill to amend the Internal the renewal community next door. In in the Central Valley. And each year, Revenue Code of 1986 to allow busi- rural areas, this rule poses a problem thousands of eager children come to nesses to qualify as renewal commu- for people living in one renewal com- the Center to take classes that empha- nity businesses if such businesses em- munity who often find jobs with com- size natural resource conservation. ploy residents of certain other renewal panies in an adjacent renewal commu- During this past academic year, for in- communities; to the Committee on Fi- nity. stance, more than 14,000 students bene- nance. A good example of what I am talking fitted from classes ranging from forest Ms. LANDRIEU. Mr. President, I rise about is in the northern part of Lou- management to aviary studies to team to introduce legislation to make a isiana, home of the North Louisiana building. small change to the Renewal Commu- Renewal Community and the Ouachita In addition to classes, students have nity program that will make a big dif- Renewal Community. The City of Mon- the option of attending summer bas- ference for the people of my State. This roe is located at the heart of the ketball camps offered in the Center’s legislation will spur job growth and Ouachita Renewal Community. Monroe gymnasium and participating in indi- economic development in many impov- serves as the hub for Northeast Lou- vidual activities given on the Center’s erished areas that have been des- isiana. All around Monroe and the adjacent 93 acres. To date, the district ignated as renewal communities. Ouachita Renewal Community there has invested $14 million of local funds Renewal communities were author- are parishes which all fall in the North to provide these opportunities. ized under the Community Renewal Louisiana Renewal Community, More- Unfortunately, in the last few years, Tax Relief Act of 2000. The Department house Parish to the north, Richland the Regional Learning Center has fall- of Housing and Urban Development has Parish to the east, Caldwell Parish to en into a state of disrepair. The build- designated 40 urban and rural areas the south, and Lincoln Parish to the ings that occupy the 27 acres are over around the country as renewal commu- west. We know that many companies in 40 years old, but have never undergone

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00088 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 1, 2002 CONGRESSIONAL RECORD — SENATE S7905 major renovations to modernize and parcel of National Forest System land con- need a solution, and to that end, I am improve them. As a result, the Center sisting of 27.10 acres located within the introducing the Children’s Electronic has a laundry list of items in need of southwest 1⁄4 of section 2, township 2 north, Access Safety Enhancement, or CEASE repair: from cracked asphalt and leaky range 15 east, Mount Diablo base and merid- Act. ian, California, which has been utilized as This legislation is a commonsense roofs to unreliable electrical wiring. the Five Mile Regional Learning Center by And while Clovis Unified School Dis- the school district since 1989 pursuant to a approach to dealing with this problem trict officials have done a fine job of special use permit (Holder No. 2010–02) to in order to ensure our children are pro- operating the Center and are willing to provide natural resource conservation edu- tected. The first section of the bill re- invest in renovations, the Forest Serv- cation to California youth. The conveyance quires an Internet filtering government ice can not permit the district to spend shall include all structures, improvements, contractor to disclose its treatment of local funds to renovate these federally and personal property shown on original map collected information to the school or owned buildings. #700602 and inventory dated February 1, 1989. library with which it is contracting. (b) SPECIAL USE AGREEMENT.—As soon as Additionally, if changes to these poli- This bill enables the Forest Service practicable after the date of the enactment to convey the acreage that the build- cies are made, the filtering company of this Act, the Secretary shall enter into must inform the school or library of ings occupy to the school district al- negotiations with the Clovis Unified School lowing the district to make the nec- District to enter into a new special use per- these changes. If adequate notice is not essary repairs. Clovis Unified has al- mit for the approximately 100 acres of Na- provided, the entity has the option to ready committed to investing $5 mil- tional Forest System land that, as of the cancel the contract. Armed with such lion over 5 years to make the renova- date of the enactment of this Act, is being information about the company’s prac- tions, in addition to the district’s $1.2 used by the school district pursuant to the tices, the school or library officials can permit described in subsection (a), but is not make an informed decision of whether million of annual contributions spent included in the conveyance under such sub- it wishes to contract with a particular on routine maintenance and operating section. company. costs. These investments will be used (c) REVERSION.—In the event that the Clo- The Children’s Online Privacy Pro- to expand and enhance the Center’s en- vis Unified School District discontinues its tection Act, COPPA, which passed Con- vironmental educational curriculum. I operation of the Five Mile Regional Learn- ing Center, title to the real property congress and was signed into law in 1998, believe that given the budget con- prohibits the collection of personal in- straints that schools nationwide are veyed under subsection (a) shall revert back to the United States. formation about children on commer- facing that this commitment speaks to (d) COSTS AND MINERAL RIGHTS.—The con- cial websites. In the second section of the quality of these programs and to veyance under subsection (a) shall be for a my legislation, a similar COPPA prohi- the need to keep the Center in oper- nominal cost. Notwithstanding such sub- bition would extend to Internet con- ation. section, the conveyance does not include the tent management services at schools The Forest Service has already ac- transfer of mineral rights. and libraries. If personal information is knowledged that this transfer would be collected on a child, the provider is re- By Mr. CLELAND: in the best interest of both the Forest quired to inform the school or library S. 2839. A bill to enhance the protec- Service and the general public. At the and the Federal Trade Commission and tion of privacy of children who use Forest Service’s request, reversionary to indicate how it will treat this infor- language was added to this bill to en- school or library computers employing mation so that it will not be disclosed sure that the gederal government Internet content management services, or distributed. When children go to would retain ownership of the land and for other purposes; to the Com- schools and libraries, these environ- should the school district decide to no mittee on commerce, Science, and ments are supposed to be safe. Parents longer operate the facilities. Transportation. and guardians should not have to worry Without this important legislation, Mr. CLELAND. Mr. President, in De- about how their children’s personal in- in a few years time, the California Five cember 2000, New York Times reporter, formation may be compromised, espe- Mile Regional Learning Center will be John Schwartz, wrote ‘‘When Congress cially by a company that markets uninhabitable and another educational passed a new bill last week requiring itself to protect children and in some resource that benefits our children will virtually every school and library in cases facilitate learning. I believe my close its doors. I believe that this bill the nation to install technology to pro- legislation will help put to rest such is the perfect example of what can hap- tect minors from adult materials on- concerns. pen when local, state, and federal gov- line, it created a business opportunity Protecting the privacy of children ernments work together to get some- for companies that sell Internet fil- has been widely supported, as it should thing done. It is this type of partner- tering systems. . . . some of the fil- be. When Congress was debating ship that Congress should support in tering companies’ business plans in- COPPA in 1998, the bill received broad our efforts to diversify and improve clude tracking students’ Web support. At a Senate Commerce Com- educational opportunities for students wanderings and selling the data to mittee hearing in September 1998, Ar- and encourage multi-use activities on market research firms.’’ While I sup- thur Sackler, representing the Direct federal land. In this case, I believe ev- port the use of filtering technology in Marketing Association, DMA stated, eryone wins and I urge my colleagues schools and libraries that will be vis- ‘‘Although DMA usually supports self- to join me in supporting this bill. ited by our children, this statement regulation of electronic commerce, we I ask unanimous consent that the alarmed me. believe it may be appropriate to context of the bill be printed in the A month later, the Wall Street Jour- sider targeted legislation in this area.’’ RECORD. nal reported that the Department of Kathyrn Montgomery from the Center There being no objection, the bill was Defense was buying information about for Media Education stated, ‘‘Children ordered to be printed in the RECORD, as our school children’s Internet habits are not little adults. . . . Because follows: from a filtering company without the many young children do not fully un- S. 2838 knowledge of their parents or the derstand the concept of privacy, they Be it enacted by the Senate and House of Rep- school officials. The Defense Depart- can be quite eager and willing to offer resentatives of the United States of America in ment contracted directly with the fil- up information about themselves and Congress assembled, tering company. As one of our most their families when asked. Children SECTION 1. SHORT TITLE. vulnerable populations, I believe it is also tend to be particularly trusting of This Act may be cited as the ‘‘California Congress’s duty to act in a manner to computers, and thus more open to Five Mile Regional Learning Center Transfer ensure families knowledge of the infor- interacting with them.’’ Act’’. mation that is collected about our chil- An April 2002 FTC report on the im- SEC. 2. LAND CONVEYANCE AND SPECIAL USE dren and to restrict the collection of plementation of COPPA draws the con- AGREEMENT, FIVE MILE REGIONAL personal information on children. The LEARNING CENTER, CALIFORNIA. clusion that Web sites have generally (a) CONVEYANCE.—The Secretary of Agri- fact that this arrangement could occur been able to comply with COPPA. That culture shall convey to the Clovis Unified without anyone with direct responsi- is why I have every hope and expecta- School District of California all right, title, bility for the children having knowl- tion that the CEASE Act can also be and interest of the United States in and to a edge of it is a serious oversight. We implemented.

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00089 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7906 CONGRESSIONAL RECORD — SENATE August 1, 2002 Given the fact that we have evidence provider of Internet content management SEC. 3. COLLECTION OF PERSONAL INFORMA- of some Internet content management services, and, if so, under what terms and TION ABOUT CERTAIN OLDER CHIL- conditions, including a description of how DREN BY PROVIDERS OF INTERNET companies already sharing information CONTENT MANAGEMENT SERVICES the information will be secured. with outside entities, the CEASE Act TO SCHOOLS AND LIBRARIES. (C) Whether any information so collected is timely. If an Internet content man- (a) PROHIBITION.—A provider of Internet will be sold, distributed, or otherwise trans- content management services to or for an el- agement company believes it is a good ferred, and, if so, under what terms and con- business plan to share information, ementary or secondary school or library may ditions. not collect through such services personal even in aggregate, with outside parties, (3) FORM OF NOTICE.—Any notice under this information from or about a child who is a these companies should not be adverse subsection shall be clear, conspicuous, and student at that school or a user of that li- to disclosing this practice with a po- designed to be readily understandable by its brary. tential client. And, I believe that a intended audience. (b) RESPONSIBILITIES UPON COLLECTION.— number of communities may not wish (b) MODIFICATION OF POLICIES.— (1) IN GENERAL.—If a provider of Internet (1) IN GENERAL.—A provider of Internet content management services to or for an el- to allow these practices at all because content management services shall, before they believe that, as Alex Molnar, a ementary or secondary school or library col- implementing any material modification of lects through such services personal infor- professor at the University of Wis- the policies described in subsection (a)(1) mation from or about a child who is a stu- consin at Milwaukee, stated, ‘‘Pro- under a contract or other agreement with re- dent at that school or a user of that library, viding demographic information about spect to an elementary or secondary school the provider shall— students to special interests, even in or library, notify the local educational agen- (A) provide prompt notice of such collec- aggregate form, is a potential violation cy or other authority with responsibility for tion— of the privacy of children and their the school, or library, as the case may be, of (i) to either— families.’’ Communities with such be- the proposed modification of the policies. (I) the local educational agency or other (2) TIMELINESS.—Notice under paragraph authority with responsibility for the school liefs should be able to act upon them in (1) shall be provided in sufficient time in ad- and appropriate officials of the State in the best interest of their children, and vance of the modification covered by the no- which the school is located; or my legislation requires the disclosure tice to permit the local educational agency (II) the library; and that will help make this a reality. or other authority concerned, or library con- (ii) to the Federal Trade Commission; and There is no arguing that the Internet cerned, as the case may be, to evaluate the (B) take appropriate actions to treat the is, and will continue to be, an impor- effects of the modification. personal information— tant part of the learning process. Per- (c) REGULATIONS.—The Commission shall (i) in a manner consistent with the provi- prescribe regulations for purposes of the ad- sonally, I support wiring the schools sions of the Children’s Online Privacy Pro- ministration of this section. The regulations tection Act of 1998 (15 U.S.C. 6501 et seq.) if and libraries in this Nation as rapidly shall include provisions regarding the ele- the personal information was collected from as possible because I understand the ments of notice required under subsection a child as defined in section 1302(1) of that educational and job opportunities the (a)(2) and the timeliness of notice under sub- Act; or Internet can bring. However, especially section (b)(2). (ii) in a similar manner, under regulations for our children, we need to ensure (d) ADMINISTRATION.— prescribed by the Commission, if the per- there are safeguards. Providing more (1) IN GENERAL.—This section shall be en- sonal information was collected from a child forced by the Commission under the Federal information and empowering local offi- over the age of 12. Trade Commission Act (15 U.S.C. 41 et seq.). (2) ELEMENTS OF NOTICE.—Notice of the col- cials to make decisions based on this (2) EFFECT ON OTHER LAWS.—Nothing in lection of personal information by a provider information are good policies. As the this section shall be construed to limit the of Internet content management services Nation’s children prepare to return to authority of the Commission under any under paragraph (1)(A) shall include the fol- school—schools that are more wired other provision of law. lowing: now than ever before—I urge my col- (e) NONCOMPLIANCE.— (A) A description of the personal informa- leagues to support the CEASE bill to (1) IN GENERAL.—The violation of any pro- tion so collected. vision of this section, including the regula- (B) A description of the actions taken by protect our children. tions prescribed by the Commission under There being no objection, the bill was the provider with respect to such personal subsection (c), shall be treated as a violation information under paragraph (1)(B). ordered to be printed in the RECORD, as of a rule defining an unfair or deceptive act (c) RESPONSE TO NOTICE.—A local edu- follows: or practice prescribed under section cational agency or other authority, or li- S. 2839 18(a)(1)(B) of the Federal Trade Commission brary, receiving notice under subsection (b) Be it enacted by the Senate and House of Rep- Act (15 U.S.C. 57a(a)(1)(B)). with respect to a covered child shall take ap- resentatives of the United States of America in (2) TERMINATION OF CONTRACT OR AGREE- propriate actions to notify a parent or Congress assembled, MENT.— guardian of the child of receipt of such no- SECTION 1. SHORT TITLE. (A) AUTHORITY TO TERMINATE.—Notwith- tice. This Act may be cited as the ‘‘Children’s standing any provision of a contract or SEC. 4. APPLICATION OF COPPA. Electronic Access Safety Enhancement agreement to the contrary, if a provider of Section 1302 of the Children’s Online Pri- (CEASE) Act’’. Internet content management services for a vacy Protection Act of 1998 (15 U.S.C. 6501) is SEC. 2. DISCLOSURE BY INTERNET CONTENT school or library fails to comply with a pol- amended by adding at the end the following: MANAGEMENT SERVICES OF COL- icy in a notice under subsection (a), or fails ‘‘(13) PROVIDER OF INTERNET CONTENT MAN- LECTION, USE, AND DISCLOSURE OF to submit notice of a modification of a pol- AGEMENT SERVICES TREATED AS OPERATOR.— INFORMATION UNDER CONTRACTS icy under subsection (b) in a timely manner, The term ‘operator’ includes a provider of FOR SCHOOLS AND LIBRARIES. the local educational agency or other au- Internet content management services (as (a) INITIAL DISCLOSURE OF POLICIES.— thority concerned, or library concerned, may defined in section 5(4) of the Children’s Elec- (1) IN GENERAL.—A provider of Internet terminate the contract or other agreement tronic Access Safety Enhancement Act) who content management services shall, before with the provider to provide Internet con- collects or maintains personal information entering into a contract or other agreement tent management services to the school or from or about the users of those services, or to provide such services to or for an elemen- library, as the case may be. on whose behalf such information is col- tary or secondary school or library, notify (B) RESOLUTION OF DISPUTES.—Any dispute lected or maintained, if those services are the local educational agency or other au- under subparagraph (A) regarding the failure provided for commercial purposes involving thority with responsibility for the school, or of a provider of Internet content manage- commerce described in paragraph (2)(A)(i), library, as the case may be, of the policies of ment services as described in that subpara- (ii), or (iii).’’. the provider regarding the collection, use, graph shall be resolved by the Commission. SEC. 5. DEFINITIONS. and disclosure of information from or about (C) RELATIONSHIP TO OTHER RELIEF.—The In this Act: children whose Internet use will be covered authority under this paragraph with respect (1) COMMISSION.—The term ‘‘Commission’’ by such services. to noncompliance of a provider of Internet means the Federal Trade Commission. (2) ELEMENTS OF NOTICE.—Notice on poli- content management services is in addition (2) CHILD.—Except as provided in section cies regarding the collection, use, disclosure to the power of the Commission to treat the 3(b)(1)(B), the term ‘‘child’’ means an indi- of information under paragraph (1) shall in- noncompliance as a violation under para- vidual who is less than 19 years of age. clude information on the following: graph (1). (3) PERSONAL INFORMATION.—The term (A) Whether any information will be col- (f) NOTICE TO PARENTS.—A school or library ‘‘personal information’’ has the meaning lected from or about children whose Internet shall provide reasonable notice of the poli- given that term in section 1301(8) of the Chil- use will be covered by the services in ques- cies of an Internet content management dren’s Online Privacy Protection Act of 1998 tion. service provider used by that school or li- (15 U.S.C. 6501(8)). (B) Whether any information so collected brary to parents of students, or patrons of (4) PROVIDER OF INTERNET CONTENT MANAGE- will be stored or otherwise retained by the the library, as the case may be. MENT SERVICES.—The term ‘‘provider of

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00090 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 1, 2002 CONGRESSIONAL RECORD — SENATE S7907 Internet content management services’’ in- as adjusted under ‘‘The FHA Multi- any, during the 12-month period ending with cludes a provider of Internet content man- family Loan Adjustment Act,’’ would the preceding October, in the Annual Con- agement software if such software operates, keep pace with economic growth by instruction Cost Index of the Bureau of the in whole or in part, by or through an Inter- dexing them each year to the Annual Census of the Department of Commerce’’; net connection or otherwise provides infor- and mation on users of such software to the pro- Construction Cost Index, issued annu- (3) by inserting after ‘‘foregoing dollar vider by the Internet or other means. ally by the Census Bureau. amount limitations contained in this para- This bill also promotes the produc- graph’’ the following: ‘‘(as such limitations By Mr. CORZINE (for himself, tion of affordable housing in another may have been previously adjusted pursuant Mr. CARPER, Mr. ENSIGN, Mr. important way, by promoting the de- to this paragraph)’’. (b) SECTION 213 LIMITS.—Section 213(b)(2) of SCHUMER, and Mr. ALLARD): velopment of affordable housing in S. 2841. A bill to adjust the indexing the National Housing Act (12 U.S.C. high-cost cities like Newark, NJ, New 1715e(b)(2)) is amended— of multifamily mortgage limits, and York, Philadelphia and San Francisco. (1) by striking ‘‘$38,025’’, ‘‘$42,120’’, for other purposes; to the Committee Currently in those communities, the ‘‘$50,310’’, ‘‘$62,010’’, and ‘‘$70,200’’, and insert- on Banking, Housing, and Urban Af- cost of living is so high that the FHA ing ‘‘$41,207’’, ‘‘$47,511’’, ‘‘$57,300’’, ‘‘$73,343’’, fairs. insurance program is rendered largely and ‘‘$81,708’’, respectively; Mr. CORZINE. Mr. President, today I ineffective. (2) by striking ‘‘$49,140’’, ‘‘$60,255’’, am introducing legislation, the FHA This bill improves the FHA multi- ‘‘$75,465’’, and ‘‘$85,328’’, and inserting Multifamily Housing Loan Limit Im- family program by adjusting its statu- ‘‘$49,710’’, ‘‘$60,446’’, ‘‘$78,197’’, and ‘‘$85,836’’, respectively; provement Act, to expand the supply of tory limits to promote increased hous- affordable housing by increasing the (3) by inserting after the colon at the end ing production in high-cost, primarily of the first proviso the following: ‘‘Provided Federal Housing Administration’s mul- urban, communities. further, That the Secretary shall adjust each tifamily housing loan limit to account There is a very real need for Congress such dollar amount limitation set forth in for inflation. to address the shortage of affordable this paragraph (as such limitation may have Providing access to decent, safe, af- housing. A report released last year by been previously adjusted pursuant to this fordable housing for individuals and the Center for Housing Policy, ‘‘Hous- paragraph) effective January 1 of each year, families remains an enormous chal- ing America’s Working Families,’’ doc- beginning in 2003, in accordance with the percentage increase, if any, during the 12- lenge for our Nation. Throughout the umented the severity of this need. The country, rising construction costs have month period ending with the preceding Oc- report found that more than fourteen tober, in the Annual Construction Cost Index resulted in shortage of affordably million people faced severe housing priced rental units. In fact, the short- of the Bureau of the Census of the Depart- needs because of the lack of affordable ment of Commerce:’’; and age of affordable housing should be housing. That number may well be (4) by inserting after ‘‘foregoing dollar considered nothing short of a crisis. higher now. amount limitations contained in this para- After all, housing is among the most This bill will provide the proper in- graph’’ the following: ‘‘(as such limitations basic of human needs, and it is criti- centive for public/private investment may have been previously adjusted pursuant cally important for all American com- to this paragraph)’’. in affordable housing in communities (c) SECTION 220 LIMITS.—Section munities. throughout America and spur new pro- The Federal Housing Administration, 220(d)(3)(B)(iii) of the National Housing Act duction of cooperative housing FHA, was established as part of a na- (12 U.S.C. 1715k(d)(3)(B)(iii)) is amended— projects, rental housing for the elderly, (1) by inserting after ‘‘foregoing dollar tional commitment to providing af- new construction or substantial reha- amount limitations contained in this fordable housing, particularly for those clause’’, the first place such phrase appears, most in need. Overall, the FHA, bilitation of apartments by for- and non-profit entities, condominium de- the following: ‘‘(as such limitations may through its various initiatives, has have been previously adjusted pursuant to been successful in providing increased velopments and refinancing of rental this clause)’’. access to housing. But as the crisis of properties. (2) by inserting after ‘‘Provided,’’ the fol- In short, this bill is good housing pol- affordable housing has grown, so has lowing: ‘‘That the Secretary shall adjust the need for Congress and the Depart- icy. That is why the National Associa- each such dollar amount limitation set forth ment of Housing and Urban Develop- tion of Home Builders, the National in this clause (as such limitation may have been previously adjusted pursuant to this ment, HUD, to promote increased pro- Association of Realtors and the Mort- gage Bankers Association endorse the clause) effective January 1 of each year, be- duction of affordable housing. ginning in 2003, in accordance with the per- That is why I am pleased to join with legislation, along with other housing and community advocates. centage increase, if any, during the 12-month Senators CARPER, ENSIGN and SCHUMER period ending with the preceding October, in in introducing this legislation to in- I hope that my colleagues will sup- the Annual Construction Cost Index of the crease the production and availability port this legislation and I ask unani- Bureau of the Census of the Department of of affordable housing for American mous consent that the text of the bill Commerce: Provided further,’’; and families. The bill would improve upon be printed in the RECORD. (3) by striking ‘‘(as determined after the legislation I introduced last year, ‘‘The There being no objection, the bill was application of the preceding proviso)’’ and inserting ‘‘(as such limitations may have FHA Multifamily Housing Loan Limit ordered to be printed the RECORD, as follows: been previously adjusted pursuant to the Adjustment Act,’’ which Congress ap- preceding proviso and as determined after S. 2841 proved last year as part of the VA–HUD application of any percentage increase au- Appropriations bill. That legislation Be it enacted by the Senate and House of Rep- thorized in this clause relating to units with increased by twenty-five percent the resentatives of the United States of America in 2, 3, 4, or more bedrooms)’’. statutory limits for multifamily Congress assembled, (d) SECTION 221(d)(3) LIMITS.—Section project development loans that are in- SECTION. 1. SHORT TITLE. 221(d)(3)(ii) of the National Housing Act (12 surable by the FHA. The change re- This Act may be cited as the ‘‘FHA Multi- U.S.C. 1715l(d)(3)(ii)) is amended— family Housing Loan Limit Improvement (1) by inserting before ‘‘; and except that’’ flected the increased costs associated Act’’. the following: ‘‘; except that the Secretary with the production of multifamily SEC. 2. INDEXING OF MULTIFAMILY MORTGAGE shall adjust each such dollar amount limita- units since 1992, the last time those LIMITS. tion set forth in this clause (as such limita- limits were revised upwards. (a) SECTION 207 LIMITS.—Section 207(c)(3) of tion may have been previously adjusted pur- In other words, it had taken Congress the National Housing Act (12 U.S.C. suant to this clause) effective January 1 of ten years to modify the underlying 1713(c)(3)) is amended— each year, beginning in 2003, in accordance statute to account for rising prices and (1) by striking ‘‘11,250’’ and inserting with the percentage increase, if any, during simply maintain the effectiveness of ‘‘$17,460’’; the 12-month period ending with the pre- the program. That is too long. The leg- (2) by inserting before ‘‘; and except that’’ ceding October, in the Annual Construction islation we are introducing today the following: ‘‘; except that the Secretary Cost Index of the Bureau of the Census of the shall adjust each such dollar amount limita- Department of Commerce’’; and would ensure that it does not take an- tion set forth in this paragraph (as such lim- (2) by inserting after ‘‘foregoing dollar other decade or longer to assist those itation may have been previously adjusted amount limitations contained in this clause’’ who need affordable housing. pursuant to this paragraph) effective Janu- the following: ‘‘(as such limitations may This bill is simple, it ensures that ary 1 of each year, beginning in 2003, in ac- have been previously adjusted pursuant to the insurable FHA loan limit amounts, cordance with the percentage increase, if this clause)’’.

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00091 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7908 CONGRESSIONAL RECORD — SENATE August 1, 2002 (e) SECTION 221(d)(4) LIMITS.—Section (2) by striking ‘‘110 percent’’ and inserting I ask my colleagues to join Senators 221(d)(4)(ii) of the National Housing Act (12 ‘‘140 percent’’. CORZINE, ENSIGN, and SCHUMER and me U.S.C. 1715l(d)(4)(ii)) is amended— (d) SECTION 221(d)(3) LIMITS.—Section to increase these multifamily loan lim- (1) by inserting before ‘‘; and except that’’ 221(d)(3)(ii) of the National Housing Act (12 its so that more working families will the following: ‘‘; except that the Secretary U.S.C. 1715l(d)(3)(ii)) is amended— shall adjust each such dollar amount limita- (1) by striking ‘‘140 percent’’ and inserting have access to affordable housing. tion set forth in this clause (as such limita- ‘‘170 percent’’; and Mr. ENSIGN. Mr. President, I rise tion may have been previously adjusted pur- (2) by striking ‘‘110 percent’’ and inserting today, along with my good friend, the suant to this clause) effective January 1 of ‘‘140 percent’’. Senator from New Jersey, to introduce each year, beginning in 2003, in accordance (e) SECTION 221(d)(4) LIMITS.—Section a bill that will help solve the afford- with the percentage increase, if any, during 221(d)(4)(ii) of the National Housing Act (12 able housing crisis that is facing this the 12-month period ending with the pre- U.S.C. 1715l(d)(4)(ii)) is amended— Nation. ceding October, in the Annual Construction (1) by striking ‘‘140 percent’’ and inserting There is a dramatic shortage of rent- Cost Index of the Bureau of the Census of the ‘‘170 percent’’; and Department of Commerce’’; and (2) by striking ‘‘110 percent’’ and inserting al housing that is affordable to low and (2) by inserting after ‘‘foregoing dollar ‘‘140 percent’’. moderate income working families. amount limitations contained in this clause’’ (f) SECTION 231 LIMITS.—Section 231(c)(2) of FHA multifamily insurance programs the following: ‘‘(as such limitations may the National Housing Act (12 U.S.C. are designed to stimulate the construc- have been previously adjusted pursuant to 1715v(c)(2)) is amended— tion, rehabilitation and preservation of this clause)’’. (1) by striking ‘‘140 percent’’ and inserting properties by insuring lenders against (f) SECTION 231 LIMITS.—Section 231(c)(2) of ‘‘170 percent’’; and loss in financing first mortgages. The the National Housing Act (12 U.S.C. (2) by striking ‘‘110 percent’’ and inserting programs assist both the private and 1715v(c)(2)) is amended— ‘‘140 percent’’. the public sectors towards the goal of (1) by inserting before ‘‘; and except that’’ (g) SECTION 234 LIMITS.—Section 234(e)(3) of the following: ‘‘; except that the Secretary the National Housing Act (12 U.S.C. providing affordable housing to those shall adjust each such dollar amount limita- 1715y(e)(3)) is amended— that otherwise may not be able to af- tion set forth in this paragraph (as such lim- (1) by striking ‘‘140 percent’’ and inserting ford it. itation may have been previously adjusted ‘‘170 percent’’; and Last year, in a remarkable step, Con- pursuant to this paragraph) effective Janu- (2) by striking ‘‘110 percent’’ and inserting gress granted a 25 percent increase in ary 1 of each year, beginning in 2003, in ac- ‘‘140 percent’’. the FHA multifamily loan limits. The cordance with the percentage increase, if Mr. CARPER. Mr. President, I am new loan limits are one great remedy any, during the 12-month period ending with very pleased to join today with my dis- to the affordable housing crisis facing the preceding October, in the Annual Con- tinguished colleagues from New Jersey, struction Cost Index of the Bureau of the our nation, but this alone does not do Nevada, and New York to introduce enough. Census of the Department of Commerce’’; legislation to index the Federal Hous- and Unfortunately, without additional (2) by inserting after ‘‘foregoing dollar ing Administration’s, FHA, multi- legislation, the loan limits will again amount limitations contained in this para- family loan limits. be outpaced by inflation and today’s graph’’ the following: ‘‘(as such limitations Last year, Senator CORZINE and I in- growing construction costs. may have been previously adjusted pursuant troduced similar legislation that raised The legislation that we are intro- to this paragraph)’’. the FHA multifamily loan limits, ducing solves this problem by indexing (g) SECTION 234 LIMITS.—Section 234(e)(3) of which had not been increased since 1992 the National Housing Act (12 U.S.C. the multifamily loan limits to the an- despite a 23 percent increase in the An- nual construction costs index of the 1715y(e)(3)) is amended— nual Construction Cost Index. Senators (1) by inserting before ‘‘; except that’’ the Bureau of the Census. This will allow second place such phrase appears the fol- MIKULSKI and BOND included this in- loan limits to increase automatically, lowing: ‘‘; except that the Secretary shall ad- crease in last year’s VA–HUD appro- as costs increase. Without such a fix, just each such dollar amount limitation set priations legislation. I am pleased that the FHA multifamily loan program forth in this paragraph (as such limitation these limits were increased last year, will again be limited in its ability to may have been previously adjusted pursuant however, an important piece of the stimulate the development of afford- to this paragraph) effective January 1 of original legislation was left undone. each year, beginning in 2003, in accordance able housing. While the FHA loan limits were in- This legislation will help halt the with the percentage increase, if any, during creased, they were not indexed. Con- the 12-month period ending with the pre- growing shortage of affordable rental ceding October, in the Annual Construction struction costs will continue to rise, housing faced by millions of Americans Cost Index of the Bureau of the Census of the and the multifamily loan limits should and give builders and lenders the con- Department of Commerce’’; be indexed, just like the FHA single- fidence that they will be able to use (2) by inserting after ‘‘each of the fore- family loan limits. the programs in their communities going dollar amounts’’ the following: ‘‘(as Affordable housing continues to be a every year, even as construction and such amounts may have been previously ad- problem in this country. Over the July justed pursuant to this paragraph)’’; and land costs rise over time. recess, I held a series of housing sum- Additionally, this legislation raises (3) by inserting after ‘‘foregoing dollar mits in Delaware to hear from Dela- amount limitations contained in this para- the loan limits in high-cost areas. This graph’’ the following: ‘‘(as such limitations wareans about the lack of affordable will allow several major urban markets may have been previously adjusted pursuant housing. In each county, I heard that to take advantage of the new FHA mul- to this paragraph and increased pursuant to working families in Delaware are hav- tifamily insurance programs, and to the preceding clause)’’. ing difficulty finding affordable hous- provide much needed new affordable SEC. 2. HIGH-COST AREAS. ing. This shortage of affordable hous- housing to low and moderate income (a) SECTION 207 LIMITS.—Section 207(c)(3) of ing also comes at a time of limited fed- families. the National Housing Act (12 U.S.C. eral resources. Thus, we have to find I believe this legislation is an impor- 1713(c)(3)) is amended— the best use of each dollar at our distant step in our ongoing battle to en- (1) by striking ‘‘140 percent’’ and inserting posal, as well as the most effective use sure that each American has access to ‘‘170 percent’’; and of existing Federal programs to stimu- (2) by striking ‘‘110 percent’’ and inserting affordable housing. I would like to once ‘‘140 percent’’. late new housing production and sub- again thank the Senator from New Jer- (b) SECTION 213 LIMITS.—Section 213(b)(2) of stantial rehabilitation. This bill modi- sey, Mr. CORZINE, for his hard work on the National Housing Act (12 U.S.C. fies a current federal program, FHA this bill, and for recognizing the sig- 1715e(b)(2)) is amended— multifamily insurance, to make that nificant effect this legislation will (1) by striking ‘‘140 percent’’ and inserting program more effective. have for many low and moderate in- ‘‘170 percent’’; and In the next Congress, I hope to be come families by dramatically increas- (2) by striking ‘‘110 percent’’ and inserting able to address the affordable housing ing their access to affordable housing. ‘‘140 percent’’. problem in a more comprehensive man- (c) SECTION 220 LIMITS.—Section 220(d)(3)(B)(iii) of the National Housing Act ner. In the meantime, I believe Con- By Mrs. CARNAHAN: (12 U.S.C. 1715k(d)(3)(B)(iii)) is amended— gress can take some incremental steps S. 2842. A bill to amend the Older (1) by striking ‘‘140 percent’’ and inserting to address the shortage of affordable Americans Act of 1965 to authorize ap- ‘‘170 percent’’; and housing. propriations for demonstration

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00092 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 1, 2002 CONGRESSIONAL RECORD — SENATE S7909 projects to provide supportive services The grant would be used to provide personal care, socialization, continuing to older individuals who reside in natu- comprehensive support services to sen- adult education, information and referral, rally occurring retirement commu- iors. and any other services to enhance quality of The services offered would be created life will greatly increase a person’s ability to nities; to the Committee on Health, remain in their home and community. Education, Labor, and Pensions. to meet the individual needs of the I can assure you the Department of Health Mrs. CARNAHAN. Mr. President, we residents and to help them maintain and Senior Services is eager to assist with are all familiar with our changing de- their independence. Funds would also the implementation of this concept. Your mographics. Those once a part of the be used to make housing improvements proposed legislation is paramount in sup- baby boom are now well on their way that would allow seniors to live in porting our mission to protect and promote to creating a senior boom. By the year their own neighborhoods longer. For our community’s health, and well-being of 2020, one in six Americans will be age example, they could install safety bars citizens of all ages. Please feel free to contact Jerry Simon, Interim Department Dep- 65 or over. By 2040, the number of sen- in bathrooms or replace stairs with uty Director, at (573) 751–8535, if we can offer iors aged 85 and older will more than wheelchair ramps. Two of the ten any additional information or support to triple from about 4 million to 14 mil- projects would be located in rural areas this important concept. lion. This boom will create a dramatic where access to services is often harder Respectfully, increase in the demand for services for or more distant. We will learn from the RONALD W. CATES, seniors especially long-term care. research how best to expand the pro- Interim Director. Long-term care is more than just gram to all areas of the country. health care. It includes any services If given the choice, most people JEWISH FEDERATION OF ST. LOUIS, St. Louis, MO, July 29, 2002. would prefer to grow older in their own that seniors need to maintain their Hon. JEAN CARNAHAN, quality of life, such as transportation, homes, surrounded by friends and fam- U.S. Senate, Hart Senate Office Building, nutrition, or other supports that help ily. This is exactly what this legisla- Washington, DC. seniors live independently. tion will allow seniors to do. By mak- DEAR SENATOR CARNAHAN: I am writing re- Long-term care can mean help with ing support services available to sen- garding the legislation you will be intro- buying groceries, paying bills each iors in their own homes, we can extend ducing to amend the Older Americans act of month, getting dressed in the morning, the time they live independently, and 1965 authorizing appropriations for demonstration projects to provide services to getting a ride to the doctor’s office, or we can improve their quality of life. older individuals residing in NORCs. As you taking medicine at the appropriate We can provide services at lower cost, are aware, the St. Louis community has a time. We need to make sure our society and we can start preparing now for the large senior citizen population compared is ready to provide these kinds of serv- future needs of our population. with other communities of similar size. It is ices for seniors, and we need to make I am pleased to announce that the essential that we find ways to help our older sure that we give seniors options. We Senior Self-Sufficiency Act has the adults remain health, productive, and inde- need to be creative in what we offer. support of the Missouri Department of pendent for as long as possible in order to enhance their quality of life. Last year I learned about an innova- Health and the Jewish Federation of Your bill, the Senior Self-Sufficiency Act, tive option for providing long-term St. Louis. authorizing ten demonstration projects to care services for seniors. The concept is I ask unanimous consent that their provide comprehensive supportive services to based on naturally occurring retire- letters of support and the text of the residents of naturally occurring retirement ment communities, NORCs. A natu- bill be printed in the RECORD. communities will ensure that best practices rally occurring retirement community Mrs. CARNAHAN. We need to begin are developed and/or replicated nationwide. develops in a community or neighbor- now to plan for the future senior boom. It is an innovative and exciting opportunity hood where residents remain for years The Senior Self-Sufficiency Act is a to study aging-in-place populations and post- step in the right direction, making it pone or avoid institutionalization for these and age as neighbors. A NORC may be populations. a large apartment building or a street possible for seniors to remain in their I strongly support this legislation and ap- of single family homes. According to home longer and to retain their inde- preciate your tireless efforts on behalf of AARP, about 27 percent of seniors cur- pendence. That is a goal worth pur- older adults. rently live in NORCs. NORCs represent suing. Sincerely, a new model for giving seniors the sup- There being no objection, the mate- BARRY ROSENBERG, port services they need. We can bring rial was ordered to be printed in the Executive Vice President. services directly to seniors, and we can RECORD, as follows: S. 2842 help enhance their quality of life and MISSOURI DEPARTMENT OF HEALTH Be it enacted by the Senate and House of Rep- AND SENIOR SERVICES, resentatives of the United States of America in allow them to age in place. Jefferson City, MO, July 31, 2002. Congress assembled, This is important because most sen- Hon. JEAN CARNAHAN, SECTION 1. SHORT TITLE. iors prefer living in their own homes. U.S. Senate, Hart Senate Office Bldg, Wash- This Act may be cited as the ‘‘Senior Self- To address the need for long-term care ington, DC. Sufficiency Act’’. services, I secured $1.2 million last year DEAR SENATOR CARNAHAN: The Missouri SEC. 2. AMENDMENTS. to establish a NORC project in down- Department of Health and Senior Services is Part A of title IV of the Older Americans town St. Louis. To get this project un- charged with the mission of enhancing the Act of 1965 (42 U.S.C. 3001 et seq) is amended derway, first there will be assessment quality of life for all Missourians by pro- by adding at the end the following: tecting and promoting the community’s of residents’ needs. The funds will then ‘‘SEC. 422. DEMONSTRATION PROJECTS IN NATU- health and well-being of citizens of all ages. RALLY OCCURRING RETIREMENT be used to meet these individual needs. In following that mission, we are pleased to COMMUNITIES. Residents will receive such services as offer our support of your proposed legislation ‘‘(a) PROGRAM AUTHORIZED.—The Assistant individual case management, family known as the Senior Self-Sufficiency Act. Secretary shall award grants to eligible enti- education, wellness services, and other This legislation, which would authorize ties to carry out 10 demonstration projects needed supports. demonstration projects in naturally occur- to provide comprehensive supportive services The St. Louis program is only the ring retirement communities, would help to older individuals who reside in noninstitu- first step. This unique model could be show the effectiveness of providing com- tional residences in naturally occurring re- prehensive supportive services to older indi- used to deliver support services to sen- tirement communities to enhance the qual- viduals who reside in their homes to enhance ity of life of such individuals and reduce the iors in communities across the coun- their quality of life and reduce the need for need to institutionalize such individuals. try. That is why I am pleased to intro- institutionalization. Missouri has long sup- Those residences for which assistance is produce the Senior Self-Sufficiency Act. ported the concept of ‘‘options in care’’ to in- vided under section 202 of the National Hous- This legislation would lay the founda- clude comprehensive home and community ing Act of 1959 (12 U.S.C. 1701q) in naturally tion for a new way of helping seniors based services and supports. This legislation occurring retirement communities shall not stay in their own homes and in their would help focus and define the concept and receive services through a demonstration own communities. The Senior Self-Suf- value of communities, to include the signifi- project under this section if such services cance of retaining seniors within their nat- ficiency Act would create ten dem- would otherwise be provided as part of the ural occurring communities. The comprehen- assistance received by such residences under onstration projects in naturally occur- sive nature of the services to be offered such section 202. ring retirement communities across under this concept, such as health services, ‘‘(b) ELIGIBLE ENTITY.—An entity is eligi- the country. Each would last 4 years. nutrition services, transportation, home and ble to receive a grant under this section if

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00093 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7910 CONGRESSIONAL RECORD — SENATE August 1, 2002 such entity is a nonprofit public or private ‘‘(i) REPORT.—Not later than the beginning marketing information that many peo- agency, organization, or institution that of the fourth year of distributing grants ple do not want to give out. So they proposes to provide services only in geo- under this section, the Assistant Secretary throw the card away. graphical areas considered to be low- or mid- shall evaluate services provided with funds But if you shorten the card, to just dle-income areas. under this section and submit a report to ask for the basic information, name, ‘‘(c) PRIORITY.— Congress summarizing the results of such ‘‘(1) IN GENERAL.—In awarding grants under evaluation and recommending what services address, and phone number, people are this section, the Assistant Secretary shall should be taken in the future. much more likely to return them. This give priority to eligible entities that pro- ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.— is particularly true if the card specifies vided comprehensive supportive services in There are authorized to be appropriated to the information will not be used for fiscal year 2002 to older individuals who re- carry out this section, not more than marketing purposes. These cards are an sided in noninstitutional residences in natu- $10,000,000 for each of fiscal years 2003 idea that Ann Brown, former chairman rally occurring retirement communities. through 2006.’’. of the CPSC and now Chairman of the ‘‘(2) RURAL AREAS.—Two of the 10 grants non-profit group SAFE, a Safer Amer- awarded under this section shall be awarded By Ms. LANDRIEU: to eligible entities that propose to provide S. 2843. A bill to direct the Consumer ica for Everyone Foundation, has been services to residents in rural areas. Product Safety Commission to promul- advocating for years. And studies done ‘‘(d) GRANT PERIOD.—Each grant awarded gate a rule that requires manufactur- with companies like Mattel and under this section shall be awarded for a peers of certain consumer products to es- BrandStamp have shown that these riod of 4 years, with not more than $1,000,000 tablish and maintain a system for pro- methods really do increase the number being awarded annually. viding notification of recalls of such of consumers who respond. ‘‘(e) APPLICATION.—An eligible entity desir- So, I come to the floor today to say ing a grant under this section shall submit products to consumers who first pur- an application to the Assistant Secretary in chase such a product; to the Com- that this is something we need to do, such form and containing such information mittee on Commerce, Science, and and we need to do it as quickly as pos- as the Assistant Secretary may require, in- Transportation. sible. This is a very important bill for cluding a plan for continuing services pro- Ms. LANDRIEU. Mr. President, it is our citizens. I am hopeful that we can vided under the grant after the grant ex- my pleasure to come to the floor today get a hearing on this legislation very pires. and introduce a bill that I believe will soon. ‘‘(f) LIMITATIONS.— make it easier for parents to learn Before I close, I just want to com- ‘‘(1) COST-SHARING.—An eligible entity re- mend Ann Brown and the folks at ceiving a grant under this section may re- about dangerous products that may quire cost-sharing from individuals receiving harm their children, and remove these SAFE for all of their hard work on services only in a manner consistent with products from their homes. product recall. I introduced this legis- the requirements of title III. Every year, more than 1.7 million lation in the Senate today, but Ann is ‘‘(2) CONSTRUCTION.—An entity may not use children under the age of 5 are harmed the one who has been pushing this issue funds received under a grant under this sec- by defective or hazardous products. As for years, since she served on the tion to construct or permanently improve my colleagues know, each year the CPSC. I am proud to work with her on (other than remodeling to make facilities ac- this and want to thank her for her cessible to older individuals) any building or Consumer Products Safety Commission recalls hundreds of products which monumental efforts to bring this to the other facility. forefront. I also want to acknowledge ‘‘(g) DEFINITIONS.—In this section: have been found to pose a danger to IM ‘‘(1) NATURALLY OCCURRING RETIREMENT consumers. Unfortunately, many times my colleagues, Congressman J COMMUNITY.—The term ‘naturally occurring parents do not get the word about MORAN and Congressman JAMES retirement community’ means a geo- these recalls, because companies often MCGOVERN, who introduced this bill in graphical area in which not less than 40 per- do not have a way of getting in touch the House of Representatives. And, of cent of the noninstitutional residences are course, I look forward to working with occupied for not less than 10 years by heads with their customers. This is particularly significant when you are talking the CPSC on this bill. I know they had of households who are older individuals, but some problems with this bill initially, does not include residences for which assist- about children’s products. The manu- ance is provided under section 202 of the Na- facturers of these products rarely have and I am hopeful we have addressed tional Housing Act of 1959 (12 U.S.C. 1701q). records of who their customers are; most of these concerns. I want to encourage my colleagues to The definition provided for in the previous often all they can do is publicize the support this much-needed legislation. sentence may be modified by the Secretary recall as best they can. It is for this By passing this bill, we can give par- as such definition relates to grants for rural reason, that I am introducing the Prod- areas. ents the information they need to pro- uct Safety Notification and Recall Ef- ‘‘(2) SUPPORTIVE SERVICES.—The term ‘sup- tect their children. When a child is portive services’ means services offered to fectiveness Act of 2002. This legislation would require the hurt or killed by a defective product residents that may include— that has already been recalled, there ‘‘(A) case management; Consumer Products Safety Commission ‘‘(B) health services and education; to establish a rule to require manufac- simply is no excuse. This legislation ‘‘(C) nutrition services, nutrition edu- turers to establish and maintain a sys- would go a long way towards ensuring cation, meals, and meal delivery; tem for notifying consumers of the re- that this kind of tragedy never happens ‘‘(D) transportation services; call of certain products that may cause again. I ask unanimous consent that the ‘‘(E) home and personal care services; harm to children. The database could ‘‘(F) continuing adult education; text of the bill be printed in the be assembled through the use of short- ‘‘(G) information and referral services; and RECORD. ‘‘(H) any other services and resources ap- ened product registration cards, Inter- There being no objection, the bill was net registration, or other alternate propriate to enhance the quality of life of ordered to be printed in the RECORD, as residents and reduce the need to institu- means of encouraging consumers to follows: tionalize such individuals. provide vital contact information. ‘‘(h) MATCHING REQUIREMENT.—The Assist- As an example for my colleagues, I S. 2843 ant Secretary may not make a grant to an just want to touch on one method that Be it enacted by the Senate and House of Rep- resentatives of the United States of America in eligible entity under this section unless that this bill would encourage companies to entity agrees that, with respect to the costs Congress assembled, to be incurred by the entity in carrying out use. We’ve all seen the registration SECTION 1. SHORT TITLE. the program for which the grant was award- cards that come with many products. This Act may be cited as the ‘‘Product ed, the entity will make available in cash or It is these cards that provide compa- Safety Notification and Recall Effectiveness in-kind (directly or through donations from nies with much of the information on Act of 2002’’. public or private entities) non-Federal con- their customers, and could be used to SEC. 2. FINDINGS AND PURPOSES. tributions equaling 5 percent of Federal help spread the word about a recall. (a) FINDINGS.—Congress finds the fol- funds provided under the grant for the sec- Unfortunately, many consumers just lowing: ond year that such grant is provided, 10 per- throw these cards away without even (1) The Consumer Product Safety Commis- cent of Federal funds provided under the sion conducts approximately 300 recalls of grant for the third year that such grant is sending them in. In fact, by some esti- hazardous, dangerous, and defective con- provided, and 15 percent of Federal funds mates 90 percent of these cards are sumer products each year. provided under the grant for the fourth year thrown away. Why? Well, one reason is (2) In developing comprehensive corrective that such grant is provided. because the cards ask for personal and action plans with recalling companies, the

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00094 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 1, 2002 CONGRESSIONAL RECORD — SENATE S7911 Consumer Product Safety Commission staff (iii) high chairs, booster chairs, and hook- S. 2844. A bill to amend the Internal greatly relies upon the media and retailers on chairs; Revenue Code of 1986 to provide a tax to alert consumers to the dangers of unsafe (iv) bath seats; incentive to individuals teaching in el- consumer products, because the manufactur- (v) gates and other enclosures for confining ementary and secondary schools lo- a child; ers do not generally possess contact informa- cated in rural or high unemployment tion regarding the purchasing consumers. (vi) playpens; Based upon information received from com- (vii) stationary activity centers; areas and to individuals who achieve panies maintaining customer registration (viii) strollers; certification from the National Board lists, such contact information is known for (ix) walkers; for Professional Teaching Standards, generally less than 7 percent of the total (x) swings; and for other purposes; to the Com- consumer products produced and distributed. (xi) child carriers; and mittee on Finance. (3) The Consumer Product Safety Commis- (xii) bassinets and cradles. Mr. ROCKEFELLER. Mr. President, sion staff has found that most consumers do (4) PRODUCT SAFETY OWNER CARD.—The perhaps the most effective way to im- not return purchaser identification cards be- term ‘‘product safety owner card’’ means a prove the education of America’s chil- cause of requests for marketing and personal standardized product identification card sup- dren is to ensure that they begin their plied with a consumer product by the manu- information on the cards, and the likelihood education in an uncrowded classroom of receiving unsolicited marketing mate- facturer of the product, at the time of origi- rials. nal purchase by the first purchaser of such led by a qualified teacher. This body (4) The Consumer Product Safety Commis- product for purposes other than resale, that recognized that fact when we over- sion staff has conducted research dem- only requests that the consumer of such whelmingly passed the ‘‘No Child Left onstrating that direct consumer contact is product provide to the manufacturer a mini- Behind Act’’ last year, mandating the one of the most effective ways of motivating mal level of personal information needed to hiring of qualified teachers by every consumer response to a consumer product re- enable the manufacturer to contact the con- school in every district. call. sumer in the event of a recall of the product. Unfortunately, without our help, (5) Companies that maintain consumer (5) SMALL HOUSEHOLD APPLIANCE.—The America’s poor and rural schools may product purchase data, such as product reg- term ‘‘small household appliance’’ means a consumer product that is a toaster, toaster not be able to attract the qualified istration cards, warranty cards, and rebate teachers this legislation mandates and cards, are able to effectively notify con- oven, blender, food processor, coffee maker, sumers of a consumer product recall. or other similar small appliance as provided our children deserve. Isolated and im- (6) The Consumer Product Safety Commis- for in the rule promulgated by the Consumer poverished, competing against higher sion staff has found that a consumer product Product Safety Commission. paying and well-funded school districts safety owner card, without marketing ques- SEC. 4. RULE REQUIRING SYSTEM TO PROVIDE for scarce classroom talent, they are tions or requests for personal information, NOTICE OF RECALLS OF CERTAIN already facing a desperate shortage of CONSUMER PRODUCTS. that accompanied products such as small (a) IN GENERAL.—The Commission shall qualified teachers. As pressure to hire household appliances and juvenile products promulgate a rule under section 16(b) of the increases, that shortage will become a would increase consumer participation and Consumer Product Safety Act (15 U.S.C. crisis, and children already at a dis- information necessary for direct notification 2065(b)) that requires that the manufacturer advantage in relation to their more af- in consumer product recalls. of a covered consumer product shall estab- fluent and less isolated peers will be (7) The National Highway Traffic Safety lish and maintain a system for providing no- Administration has, since March 1993, re- the ones who suffer most. tification of recalls of such product to con- Today, I propose a bill that will help quired similar simplified, marketing-free sumers of such product. product registration cards on child safety (b) REQUIREMENT TO CREATE DATABASE.— bring dedicated and qualified teaching seats used in motor vehicles. (1) IN GENERAL.—The rule shall require professionals to West Virginia’s and (b) PURPOSE.—The purpose of this Act is to that the system include use of product safety America’s poor and rural schools, and reduce the number of deaths and injuries owner cards, Internet registration, or an al- help give their students the oppor- from defective and hazardous consumer prod- ternative method, to create a database of in- tunity to learn and flourish that every ucts through improved recall effectiveness, formation regarding consumers of covered child deserves. The Incentives To Edu- by— consumer products, for the sole purpose of cate American Children Act, or ‘‘I (1) requiring the Consumer Product Safety notifying such consumers of recalls of such Commission to promulgate a rule to require products. Teach’’ Act, will provide teachers a re- manufacturers of juvenile products, small (2) USE OF TECHNOLOGY.—Alternative meth- fundable tax credit every year they household appliances, and certain other con- ods specified in the rule may include use of practice their profession in the public sumer products, to include a simplified prod- on-line product registration and consumer schools where they are needed most. uct safety owner card with those consumer notification, consumer information data And it will give every public school products at the time of original purchase by bases, electronic tagging and bar codes, em- teacher, whichever school they choose, consumers, or develop effective electronic bedded computer chips in consumer prod- a refundable tax credit for earning cer- registration of the first purchasers of such ucts, or other electronic and design strate- tification by the National Board for gies to notify consumers about product re- products, to develop a customer database for Professional Teaching Standards. To- the purpose of notifying consumers about recalls, that the Commission determines will calls of those products; and increase the effectiveness of recalls of cov- gether, these two tax credits will give (2) encouraging manufacturers, private la- ered consumer products. economically depressed areas a better belers, retailers, and others to use creativity (c) USE OF COMMISSION STAFF PROPOSAL.— ability to recruit and retain skilled and innovation to create and maintain effec- In promulgating the rule, the Commission teachers. tive methods of notifying consumers in the shall consider the staff draft for an Advanced One-fourth of America’s children at- event of a consumer product recall. Notice of Proposed Rulemaking entitled tend public schools in rural areas, and ‘‘Purchaser Owner Card Program’’, dated SEC. 3. DEFINITIONS. of the 250 poorest counties in the June 19, 2001. For purposes of this Act: (d) EXCLUSION OF LOW-PRICE ITEMS.—The United States, 244 are rural. West Vir- (1) TERMS DEFINED IN CONSUMER PRODUCT Commission shall have the authority to ex- ginia has rural schools scattered SAFETY ACT.—The definitions set forth in clude certain low-cost items from the rule through 36 of its 55 counties, and these section 3 of the Consumer Product Safety for good cause. schools face real challenges in recruit- Act (15 U.S.C. 2052) shall apply to this Act. (e) DEADLINES.— ing and retaining teachers, as well as (2) COVERED CONSUMER PRODUCT.—The term (1) IN GENERAL.—The Commission— dealing with other issues related to ‘‘covered consumer product’’ means— (A) shall issue a proposed rule under this (A) a juvenile product; section by not later than 90 days after the their rural location. (B) a small household appliance; and date of enactment of this Act; and Attracting teachers to these schools (C) such other consumer product as the (B) shall promulgate a final rule under this is difficult in large part due to the vast Commission considers appropriate for section by not later than 270 days after the gap between what rural districts are achieving the purpose of this Act. date of enactment of this Act. able to offer and the salaries paid by (3) JUVENILE PRODUCT.—The term ‘‘juvenile (2) EXTENSION.—The Commission may ex- more affluent school districts, as wide product’’— tend the deadline described in paragraph (1) as $20,000 a year, according to one (A) means a consumer product intended for if the Commission provides timely notice to study. Poor urban schools must over- use, or that may be reasonably expected to the Committee on Energy and Commerce of come similar difficulties. It is often a be used, by children under the age of 5 years; the House of Representatives and the Com- and mittee on Commerce, Science, and Transpor- challenge for these schools to attract (B) includes— tation of the Senate. and keep qualified teachers. Yet, ac- (i) full-size cribs and nonfull-size cribs; cording to the 2001 No Child Left Be- (ii) toddler beds; By Mr. ROCKEFELLER: hind Act, every school must have

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00095 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7912 CONGRESSIONAL RECORD — SENATE August 1, 2002 qualified teachers by the end of the ward better education for every child required to transfer any funds it does 2005–2006 school year. in the United States. not expend under the Crane Conserva- My ‘‘I Teach’’ Act will reward teach- tion Act back to the Treasury at the ers willing to work in rural or high By Mr. FEINGOLD: end of Fiscal Year 2007. I do not intend poverty schools with an annual $1,000 S. 2847. A bill to assist in the con- my bill to make any particular judg- refundable tax credit. If the teacher ob- servation of cranes by supporting and ments about the Clean Coal program or tains certification by the National providing, through projects of persons its effectiveness, but I do think, in gen- Board for Professional Teaching Stand- and organizations with expertise in eral, that programs should expend re- ards, they will receive an additional crane conservation, financial resources sources that we appropriate in a timely annual $1,000 refundable tax credit. for the conservation programs of coun- fashion. Every teacher willing to work in un- tries the activities of which directly or I am offering this legislation due to derserved schools will earn a tax cred- indirectly affect cranes; to the Com- the serious and significant decline that it. Every teacher who gets certified mittee on Environment and Public can be expected in crane populations will earn a tax credit. Teachers who Works. worldwide without conservation ef- work in rural or poor schools and get Mr. FEINGOLD. Mr. President, I rise forts. The decline of the North Amer- certified will earn both. Schools who today to introduce the Crane Conserva- ican whooping crane, the rarest crane desperately need help attracting teach- tion Act of 2002. I propose this legisla- on earth, perfectly illustrates the dan- ers will get a boost. And children edu- tion in the hope that Congress will do gers faced by these birds. In 1941, only cated in poor and rural schools will its part to protect the existence of 21 whooping cranes existed in the en- benefit most. these birds, whose cultural significance tire world. This stands in contrast to In my State of West Virginia, as in and popular appeal can be seen world- the almost 400 birds in existence today. over 30 other States, there is already a wide. This legislation is important to The North American whooping crane’s State fiscal incentive for teachers who the people of Wisconsin, as our State resurgence is attributed to the birds’ earn National Board certification. My provides habitat and refuge to several tenacity for survival and to the efforts legislation builds upon the West Vir- crane species. But this legislation, of conservationists in the United ginia program; together, they add up to which authorizes the United States States and Canada. Today, the only a powerful tax incentive for teachers to Fish and Wildlife Service to distribute wild flock of North American whooping remain in the classroom and to use funds and grants to crane conservation cranes breeds in northwest Canada, and their skills where they are most need- efforts both domestically and in devel- spends its winters in coastal Texas. ed. oping countries, promises to have a Two new flocks of cranes are currently I have spent a great deal of time in larger environmental and cultural im- being reintroduced to the wild, one of West Virginia classrooms this year, pact that will go far beyond the bound- which is a migratory flock on the Wis- and it has become obvious to me that aries of my home State. consin to Florida flyway. our education agenda suffers greatly In October of 1994, Congress passed This flock of five birds illustrates from inadequate funding on a number and the President signed the Rhinoc- that any effort by Congress to regulate of fronts. In response, I have intro- eros and Tiger Conservation Act. The crane conservation needs to cross both duced a series of bills attacking dif- passage of this act provided support for national and international lines. As ferent aspects of the problem. multinational Rhino and Tiger con- this flock of birds makes its journey A qualified teacher is a great start, servation through the creation of the from Wisconsin to Florida, the birds but children also deserve a safe, mod- Rhinoceros and Tiger Conservation rely on the ecosystems of a multitude ern classroom. And so, in addition to Fund, or RTCF. Administered by the of states in this country. In its journey the ‘‘I Teach’’ Act, I have introduced a United States Fish and Wildlife Serv- from the Necedah National Wildlife measure to encourage investment in ice, the RTCF distributes up to $10 mil- Refuge in Wisconsin to the school construction and renovations. lion in grants every year to conserva- Chassahowitzka National Wildlife Ref- I am promoting legislation to de- tion groups to support projects in de- uge in Florida in the fall and eventual velop Math and Science Partnerships veloping countries. Since its establish- return to my home state in the spring, at the National Science Foundation, to ment in 1994, the RTCF has been ex- this flock also faces threats from pollu- place needed emphasis on these core panded by Congress to cover other spe- tion of traditional watering grounds, subjects. cies, such as elephants and great apes. collision with utility lines, human dis- And to ensure that every student, in- Today, with the legislation I am in- turbance, disease, predation, loss of ge- cluding those in rural areas, has access troducing, I am asking Congress to add netic diversity within the population, to modern technology and the wealth cranes to this list. Cranes are the most and vulnerability to catastrophes, both of educational resources on the web, I endangered family of birds in the natural and man-made. Despite the remain vigilant in protecting the E- world, with ten of the world’s fifteen conservation efforts taken since 1941, Rate, which provides $2.25 billion in an- species at risk of extinction. Specifi- this symbol of conservation is still nual discounts to connect our schools cally, this legislation would authorize very much in danger of extinction. and libraries to the Internet. up to $3 million of funds per year to be While over the course of the last half- Education is among our top national distributed in the form of conservation century, North American whooping priorities, essential for every family project grants to protect cranes and cranes have begun to make a slow re- with a child and vital for our economic their habitat. The financial resources covery, many species of crane in Africa and national security. I supported the authorized by this bill can be made and Asia have declined, including the bold goals and higher standards of the available to qualifying conservation sarus crane of Asia and the wattled 2001 No Child Left Behind Act, but they groups operating in Asia, Africa, and crane of Africa. won’t be met unless our schools have North America. The program is author- The sarus crane is a symbol of mar- the teachers and resources they need. I ized from Fiscal Year 2003 through Fis- tial fidelity in many Asian cultures, es- am committed to working closely with cal Year 2007. pecially Laos, Thailand and Indonesia. my Senate colleagues this fall to se- In keeping with my belief that we Additionally, in northern India, west- cure as much funding as possible for should maintain fiscal integrity, this ern Nepal, and Vietnam, these birds are our children’s education. bill proposes that the $15 million in au- a symbol of fertility, lending them as No amount of construction or tech- thorized spending over five years for important religious significance. nology can replace a qualified and mo- the Crane Conservation Act established Standing at four feet tall, these birds tivated teacher, however, and making in this legislation should be offset by can be found in the wetlands of north- it easier for underserved schools to at- rescinding $18 million in unspent funds ern India and south Asia. These birds tract the teachers they need remains from funds carried over the Depart- require large, open, well watered plains one of my most important objectives. I ment of Energy’s Clean Coal Tech- or marshes to breed and survive. hope each of my colleagues will join nology Program in the Fiscal Year 2002 Due to agricultural expansion, indus- me in supporting this important legis- Energy and Water Appropriations Bill. trial development, river basin develop- lation which takes a great stride to- The Secretary of the Interior would be ment, pollution, warfare, and heavy

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00096 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 1, 2002 CONGRESSIONAL RECORD — SENATE S7913 use of pesticides, which is found to be under the medicare program; to the quent’’ and just how short those ab- highly prevalent in India and southeast Committee on Finance. sences must be. Interpretations of this Asia, the sarus crane population has Ms. COLLINS. Mr. President, I am definition have therefore varied widely. been in decline. Furthermore, in many pleased to join with Senators CLELAND, As a consequence, there have been far areas, a high human population con- HUTCHINSON, KERRY, SNOWE and MILLER too many instances where an over- centration compounds these factors. in introducing the David Jayne Medi- zealous or arbitrary interpretation of On the Mekong River, which runs care Homebound Modernization Act of the definition has turned elderly or dis- through Cambodia, Vietnam, Laos, 2002 to modernize Medicare’s outdated abled Medicare recipients, who are de- Thailand, and China, human popu- ‘‘homebound’’ requirement that has pendent upon Medicare home health lation growth and planned development impeded access to needed home health services and medical equipment for projects threaten the sarus crane. Re- services for many of our nation’s elder- survival, into virtual prisoners in their ports from India, Cambodia, and Thai- ly and disabled Medicare beneficiaries. own homes. land have also cited incidences of the Health care in American has gone The current homebound requirement trading of adult birds and chicks, as full circle. People are spending less is particularly hard on younger, dis- well as hunting and egg stealing in the time in institutions, and recovery and abled Medicare patients. For example, I recently met with David Jayne, a 40- drop-in population of the sarus crane. care for patients with chronic diseases Only three subspecies of the sarus and conditions has increasingly been year old man with Lou Gehrig’s disease, who is confined to a wheelchair crane exist today. One resides in north- taking place in the home. The highly and cannot swallow, speak or even ern India and Nepal, one resides in skilled and often technically complex breathe on his own. Mr. Jayne needs southeast Asia, and one resides in care that our home health agencies several skilled nursing visits per week northern Australia. Their population is provide have enabled millions of our most vulnerable older and disabled in- to enable him to remain independent about 8,000 in the main Indian popu- and out of an inpatient facility. De- dividuals to avoid hospitals and nurs- lation, with recent numbers showing a spite his disability, Mr. Jayne meets ing homes and stay just where they be- rapid decline. In Southeast Asia, only frequently with youth and church long, in the comfort and security of 1,000 birds remain. groups. Speaking through a computer- The situation of the sarus crane in their own homes. ized voice synthesizer, he gives inspira- Asia is mirrored by the situation of the Under current law, a Medicare pa- tional talks about how the human spir- wattled crane in Africa. In Africa, the tient must be considered ‘‘homebound’’ it can endure and even overcome great wattled crane is found in the southern if he or she is to be eligible for home health services. While an individual is hardship. and eastern regions, with an isolated The Atlanta Journal Constitution not actually required to be bedridden population in the mountains of Ethi- ran a feature article on Mr. Jayne and to qualify for benefits, his or her condi- opia. Current population estimates his activities, including a report about tions must be such that ‘‘there exists a range between 6,000 to 8,000 and are de- how he had, with the help of family and clining rapidly, due to loss and deg- normal inability to leave home.’’ The friends, attended a football game to radation of wetland habitats, as well as statute does allow for absences from root for the University of Georgia Bull- intensified agriculture, dam construc- the home of ‘‘infrequent’’ or ‘‘rel- dogs. A few days later, at the direction tion, and industrialization. In other atively short duration.’’ Unfortu- of the fiscal intermediary, his home parts of the range, the creation of dams nately, however, it does not define pre- health agency, which had been sending has changed the dynamics of the flood cisely what this means. It leaves it to a health care worker to his home for plains, thus further endangering these the fiscal intermediaries to interpret two hours, four mornings a week, noti- cranes and their habitats. Human dis- just how many absences qualify as fied him that he could no longer be turbance at or near breeding sites also ‘‘frequent’’ and just how short those considered homebound, and that his continues to be a major threat. Lack of absences must be. Interpretations of benefits were being cut off. While his oversight and education over the ac- this definition have therefore varied benefits were subsequently reinstated tions of humans, industry, and agri- widely. due to the media attention given the culture is leading to reduced preserva- As a consequence, there have been far case, this experience motivated him to tion for the lands on which cranes live, too many instances where an over- launch a crusade to modernize the thereby threatening the ability of zealous or arbitrary interpretation of homebound definition and led him to cranes to survive in these regions. the definition has turned elderly or dis- found the National Coalition to Amend If we do not act now, not only will abled Medicare beneficiaries, who are the Medicare Homebound Restriction. cranes face extinction, but the eco- dependent upon Medicare home health The current homebound requirement systems that depend on their contribu- services and medical equipment for is particularly hard on younger, dis- tions will suffer. With the decline of survival, into virtual prisoners in their abled individuals who are on Medicare. the crane population, the wetlands and own home. We have heard disturbing The fact is that the current require- marshes they inhabit can potentially accounts of individuals on Medicare ment reflects an outmoded view of life be thrown off balance. I urge my col- who have had their home health bene- for persons who live with serious dis- leagues to join me in supporting legis- fits terminated for leaving their homes abilities. The homebound criteria may lation that can provide funding to the to visit a hospitalized spouse or to at- have made sense thirty years ago, local farming, education and enforce- tend a family gathering, including, in when an elderly or disabled person ment projects that can have the great- one case, to attend the funeral of their might expect to live in the confines of est positive effect on the preservation own child. their home, perhaps cared for by an ex- of both cranes and fragile habitats. Under current law, a Medicare pa- tended family. The current definition, This small investment can secure the tient must be considered ‘‘homebound’’ however, fails to reflect the techno- future of these exemplary birds and the if he or she is to be eligible for home logical and medical advances that have beautiful areas in which they live. health services. While an individual is been made in supporting individuals Therefore, I ask my colleagues to sup- not actually required to be bedridden with significant disabilities and mobil- port the Crane Conservation Act of to quality for benefits, his or her condi- ity challenges. It also fails to reflect 2002. tion must be such that ‘‘there exists a advances in treatment for seriously ill normal inability to leave home.’’ individuals, like Mr. Jayne, which By Ms. COLLINS (for herself, Mr. The statute does allow for absences allow them brief periods of relative CLELAND, Mr. HUTCHINSON, Mr. from the home that are ‘‘infrequent wellness. KERRY, Ms. SNOWE, and Mr. and of short duration.’’ It also gives It also fails to recognize that an indi- MILLER): specific permission for the individual vidual’s mental acuity an physical S. 2848. A bill to amend title XVIII of to leave home to attend medical ap- stamina can only be maintained by the Social Security Act to provide for pointments, adult day care or religious use, and that the use of the body and a clarification of the definition of services. Otherwise, it leaves it to the mind is encouraged by social inter- homebound for purposes of determining fiscal intermediaries to interpret just actions outside the four walls of a eligibility for home health services how many absences qualify as ‘‘fre- home.

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00097 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7914 CONGRESSIONAL RECORD — SENATE August 1, 2002 The David Jayne Medicare Home- Washington, Senator MURRAY, in intro- recipient’s dependence on these drugs bound Modernization Act of 2002 will ducing the Pancreatic Islet Cell Trans- so that the procedure will be appro- amend the homebound definition to plantation Act of 2002 which will help priate for children in the future, and base eligibility for the home health to advance important research that the protocol has been hailed around the benefit on the patient’s functional lim- holds the promise of a cure for the world as a remarkable breakthrough itations and clinical condition, rather more than one million Americans with and proof that islet transplantation than on an arbitrary limitation on ab- Type 1 or juvenile diabetes. can work. It appears to offer the most sences from the home. It will provide a As the founder and Co-Chair of the immediate chance to achieve a cure for specific, limited exception to the Senate Diabetes Caucus, I have learned juvenile diabetes, and the research is homebound rule for individuals who: a great deal about this serious disease moving forward rapidly. One, have been certified by a physi- and the difficulties and heartbreak New sources of islet cells must be cian has having a permanent and se- that it causes for so many Americans found, however, because, as the science vere condition that will not improve; and their families as they await a cure. advances and continues to demonstrate Two, who need assistance from an- Diabetes is a devastating, life-long con- promise, the number of islet cell trans- other person with 3 or more of the 5 ac- dition that affects people of every age, plants that can be performed will be tivities of daily living and require race and nationality. It is the leading limited by a serious shortage of technological and/or personal assist- cause of kidney failure, blindness in pancreases available for islet cell ance with the act of leaving home; adults, and amputations not related to transplantation. There currently are Three, who have received Medicare injury. Moreover, diabetes costs the only 2,000 pancreases donated annually, home health services during the pre- nation more than $105 billion a year, and, of these, only about 500 are avail- vious 12 month period; and one out of every ten health care dol- able each year for islet cell trans- Four, who are only able to leave lars, in health-related expenditures. plants. Moreover, most patients re- home because the services provided The burden of diabetes is particularly quire islet cells from two pancreases through the home health benefit makes heavy for children and young adults for the procedure to work effectively. The legislation we are introducing it possible for them to do so. with juvenile diabetes. Juvenile diabe- today will increase the supply of We believe that our legislation is tes is the second most common chronic pancreases available for these trials budget neutral because it is specifi- disease affecting children. Moreover, it and research. Our legislation will di- cally limited to individuals who are al- is one that they never outgrow. rect the Centers for Medicare and Med- ready eligible for Medicare and whose In individuals with juvenile diabetes, icaid Services to grant credit to organ conditions require the assistance of a the body’s immune system attacks the procurement organizations, OPS, for skilled nurse, therapist or home health pancreas and destroys the islet cells the purposes of their certification—for aide to make it functionally possible that produce insulin. While the dis- pancreases harvested and used for islet covery of insulin was a landmark for them to leave the home. Our legis- cell transplantation and research. lation does not expand Medicare eligi- breakthrough in the treatment of peo- Currently, CMS collects performance bility—it simply gives people who are ple with diabetes, it is not a cure, and data from each OPO based upon the already eligible for the benefit their people with juvenile diabetes face the number of organs procured for trans- freedom. constant threat of developing dev- plant relative to the population of the This issue was first brought to my at- astating, life-threatening complica- OPO’s service area. While CMS con- tention by former Senator Robert Dole, tions as well as a drastic reduction in siders a pancreas to have been procured who has long been a vigorous advocate their quality of life. for transplantation if it is used for a for people with disabilities. Our pro- Thankfully, there is good news for whole organ transplant, the OPO re- posal is also supported by the Consor- people with diabetes. We have seen ceives no credit towards its certifi- tium of Citizens with Disabilities, the some tremendous breakthroughs in dication if the pancreas is procured and Visiting Nurse Associations of Amer- abetes research in recent years, and I used for islet cell transplantation or ica, the National Association for Home am convinced that diabetes is a disease research. Our legislation will therefore Care, Advancing Independence: Mod- that can be cured, and will be cured in give the OPOs an incentive to step up ernizing Medicare and Medicaid, the near future. their efforts to increase the supply of AIMM, and the National Coalition to We were all encouraged by the devel- pancreases donated for this purpose. Amend the Medicare Homebound Re- opment of the ‘‘Edmonton Protocol,’’ In addition, the legislation estab- striction. an experimental treatment developed lishes an inter-agency committee on Moreover, the David Jayne Medicare at the University of Alberta involving islet cell transplantation comprised of Homebound Modernization Act of 2002 the transplantation of insulin-pro- representatives of all of the federal is consistent with President Bush’s ducing pancreatic islet cells, which has agencies with an active role in sup- ‘‘New Freedom Initiative’’ which has, been hailed as the most important ad- porting this research. The many advi- as its goal, the removal of barriers that vance in diabetes research since the sory committees on organ transplan- impede opportunities for those with discovery of insulin in 1921. Of the ap- tation that currently exist are so broad disabilities to integrate more fully into proximately 70 patients who have been in scope that the issue of islet cell the community. By allowing reason- treated using variation of the Edmon- transplantation—while of great impor- able absences from the home, our ton Protocol over the past two years, tance to the juvenile diabetes commu- amendment will bring the Medicare all have seen a reversal of their life- nity—does not rise to the level of con- home health benefit into the 21st Cen- disabling hypoglycemia, and nearly 80 sideration when included with broader tury, and I look forward to working percent have maintained normal glu- issues associated with organ donation, with my colleagues to getting it done. cose levels without insulin shots for such as organ allocation policy and fi- more than two years. nancial barriers to transplantation. We By Ms. COLLINS (for herself and Moreover, the side effects associated believe that a more focused effort in Mrs. MURRAY): with this treatment—which uses more the area of islet cell transplantation is S. 2849. A bill to increase the supply islet cells and a less-toxic combination clearly warranted since the research is of pancreatic islet cells for research, to of immunosuppressive drugs than pre- moving forward at such a rapid pace provide better coordination of Federal vious, less successful protocols—have and with such remarkable results. efforts and information on islet cell been mild, and the therapy has been And finally, to help us collect the transplantation, and to collect the generally well-tolerated by most pa- data necessary to move islet cell trans- data necessary to move islet cell trans- tients. plantation from an experimental proce- plantation from an experimental proce- Unfortunately, long-term use of toxic dure to a standard therapy covered by dure to a standard therapy; to the immunosuppressive drugs, has side-ef- insurance, our legislation directs the Committee on Health, Education, fects that make the current treatment Institute of Medicine to conduct a Labor, and Pensions. inappropriate for use in children. Re- study on the impact of islet cell trans- Ms. COLLINS. Mr. President, I am searchers, however, are working hard plantation on the health-related qual- pleased to join my colleague from to find a way to reduce the transplant ity of life for individuals with juvenile

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00098 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 1, 2002 CONGRESSIONAL RECORD — SENATE S7915 diabetes as well as the cost-effective- flows on fish populations at main stem The time for a monitoring program ness of the treatment. reservoirs. for the Missouri River has arrived. Islet cell transplantation offers real Earlier this year, water releases from With the Corps of Engineers poised to hope for people with juvenile diabetes. South Dakota reservoirs damaged the revise the Missouri River Master Water Our legislation, which is strongly sup- spring fish spawn and the ecology of Control Manual, a monitoring program ported by the Juvenile Diabetes Re- the Missouri River. This bill authorizes will establish a baseline for judging the search Foundation, addresses some of funds for State agencies with jurisdic- impact of new water flows. Years of the specific obstacles to moving this tion over fish and wildlife habitat to scientific analysis and research from research forward as rapidly as possible, initiate projects that will be able to the U.S. Fish and Wildlife Service and I urge all of our colleagues to join tell us how low water levels at South point toward Corps management of the us in sponsoring it. Dakota reservoirs impact fish popu- river as the reason for diminished ri- lations and recreational opportunities. parian habitat and a laundry list of I ask unanimous consent that a let- threatened fish and bird species. Sci- By Mr. JOHNSON (for himself ter from the South Dakota Department entific monitoring must be part of a and Mr. DORGAN): of Game, Fish, and Parks in support of new Master Manual to examine how the Missouri River Monitoring Act of S. 2853. A bill to direct the Secretary the new water flows impact fish and 2002 be printed in the RECORD. of the Interior to establish the Mis- wildlife populations. The Corps has souri River Monitoring and Research There being no objection, the letter was ordered to be printed in the spent nearly 13 years and millions of Program, to authorize the establish- dollars to find a consensus and imple- RECORD, as follows: ment of the Missouri River Basin ment a new, more balanced Master DEPARTMENT OF GAME, Stakeholder Committee, and for other Manual. The Missouri River Enhance- FISH AND PARKS, purposes; to the Committee on Envi- ment and Monitoring Act of 2002 estab- ronment and Public Works. Pierre, SD, July 23, 2002. Senator TIM JOHNSON, lishes a comprehensive database to Mr. JOHNSON. Mr. President, today, Hart Senate Office, analyze and examine how fish and wild- I am pleased to join Senator BYRON Washington, DC. life respond to a new management DORGAN in introducing legislation that DEAR SENATOR JOHNSON: I would like to ex- plan. A long-term monitoring program will establish a world-class, science- press my appreciation for all of your efforts will ensure that future decisions over based long-term monitoring program on behalf of Missouri River fish and wildlife resources, especially the introduction of the the Missouri River are based on sound for the Missouri River. As America’s science and not politics. longest river, fed by the headwaters of ‘‘Missouri River Monitoring Act of 2002.’’ The framework for this legislation. ‘‘The As we approach the 200 year anniver- thousand, year-old glaciers, the Mis- Missouri River Environmental Assessment sary of Lewis and Clark’s journey up souri is intertwined into the fabric of Program (MOREAP), was developed by the the Missouri River, I call on Congress the American experience. Fed by doz- Missouri River Natural Resources Com- to pass the Missouri River Enhance- ens of tributaries crisscrossing Mon- mittee (MRNRC) during 1996 and 1997 in partment and Monitoring Act of 2002 to en- nership with the Biological Resources Divi- tana, North and South Dakota, Ne- sure the health and vitality of the braska, Missouri, and Kansas, the Mis- sion of the United States Geological Survey (USGS) and 79 Missouri River scientists and River for the enjoyment of future gen- souri River supports hundreds of river fish and wildlife managers. The MRNRC was erations. species and provides crucial wildlife established in 1987 by my agency and other I ask unanimous consent that the habitat for migratory birds and other main stem state fish and wildlife agencies text of the bill be printed in the with statutory responsibilities for manage- animals. The Missouri River also sus- RECORD. tains trophy walleye fishing on South ment and stewardship of river fish and wildlife resources held in trust for the public. We There being no objection, the bill was Dakota’s main stem reservoirs and is ordered to be printed in the RECORD, as the hub for the cultural and economic are accountable to the public for management of those resources. follows: development of several communities My staff and I have reviewed the proposed S. 2853 and Indian Tribes. legislation and I want you to know that we Be it enacted by the Senate and House of Rep- The Missouri River faces challenges support your bill. The Missouri River lacks a resentatives of the United States of America in basin wide biological monitoring program on several fronts: The manipulation of Congress assembled, and environmental assessment is desperately its water levels by the Corps of Engi- SECTION 1. SHORT TITLE. neers, the continued development of needed. The need for collecting comprehensive, long-term natural resource data to un- This Act may be cited as the ‘‘Missouri river shoreline, and the invasion of derstand the effects of future river manage- River Enhancement and Monitoring Act of nonnative fish and plants. The Mis- ment decisions cannot be over-stated. This 2002’’. souri River Enhancement and Moni- program will generate a system-wide data- SEC. 2. DEFINITIONS. toring Act of 2002 creates a comprehen- base on Missouri River water quality, habi- In this Act: sive monitoring program to investigate tat, and biota that will provide the scientific (1) CENTER.—The term ‘‘Center’’ means the and examine how the multiple uses of foundation for management decisions. River Studies Center of the Biological Re- The Missouri River is 2,341 miles long and sources Division of the United States Geo- the Missouri are impacting water qual- drains one-sixth of the United States. It is ity and the sustainability of fish and logical Survey, located in Columbia, Mis- one of the most important resources in our souri. wildlife. country. Harnessing the river’s flow and con- (2) COMMITTEE.—The term ‘‘Committee’’ The legislation authorizes the estab- stricting its channel has altered and reduced means the Missouri River Basin Stakeholder lishment of a federal research program native fish and wildlife habitat. Recovering Committee established under section 4(a). declining fish and wildlife resources in this through the Biological Resources Divi- (3) INDIAN TRIBE.—The term ‘‘Indian tribe’’ extremely large, diverse and complex river sion of the USGS, the Department of has the meaning given the term in section 4 environment, while maintaining the impor- of the Indian Self-Determination and Edu- the Interior’s research engine. The tant economic benefits the river and res- cation Assistance Act (25 U.S.C. 450b). strength of the bill, however, stems ervoir system provides, will require sound from the participation of the states, In- and ongoing scientific data. (4) PROGRAM.—The term ‘‘program’’ means dian Tribes, and academic institutions The time has come to make management the Missouri River monitoring and research changes on the Missouri River and those program established under section 3(a). all who have a stake in the health of (5) RIVER.—The term ‘‘River’’ means the the River. To that end, the legislation changes should be based on a thorough understanding of how those changes affect the Missouri River. authorizes the establishment of moni- river’s environment. Scientific data will help (6) SECRETARY.—The term ‘‘Secretary’’ toring field stations throughout the us understand the complex relationships be- means the Secretary of the Interior, acting Missouri River basin. The bill also in- tween river management and fish and wild- through the Biological Resources Division of cludes a competitive funding process to life habitat recovery. the United States Geological Survey. contract with Indian Tribes and basin I thank you once again for your help. This (7) STATE.—The term ‘‘State’’ means— States for the recovery of threatened legislation has the strong support of the (A) the State of Iowa; South Dakota Department Game Fish and (B) the State of Kansas; species and specific habitat restoration Parks. (C) the State of Missouri; projects. These focused investigations Sincerely, (D) the State of Montana; will encourage States and Indian JOHN L. COOPER, (E) the State of Nebraska; Tribes to study the impact of water Department Secretary. (F) the State of North Dakota;

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00099 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7916 CONGRESSIONAL RECORD — SENATE August 1, 2002 (G) the State of South Dakota; and (ii) the States. (A) recommendations on means to assist in (H) the State of Wyoming. (f) MONITORING AND RECOVERY OF THREAT- the comprehensive restoration of the River; (8) STATE AGENCY.—The term ‘‘State agen- ENED SPECIES AND ENDANGERED SPECIES.— and cy’’ means an agency of a State that has ju- The Center shall provide financial assistance (B) an analysis of any adverse social and risdiction over fish and wildlife of the River. to the United States Fish and Wildlife Serv- economic impacts on the River, in accord- SEC. 3. MISSOURI RIVER MONITORING AND RE- ice and State agencies to monitor and re- ance with subsection (g)(1). SEARCH PROGRAM. cover threatened species and endangered spe- SEC. 4. MISSOURI RIVER BASIN STAKEHOLDER (a) ESTABLISHMENT.—Not later than 1 year cies, including monitoring the response of COMMITTEE. after the date of enactment of this Act, the pallid sturgeon to reservoir operations on (a) ESTABLISHMENT.—Not later than 1 year Secretary shall establish the Missouri River the mainstem of the River. after the date of enactment of this Act, the monitoring and research Program— Governors of the States and the governing (g) GRANT PROGRAM.— (1)(A) to coordinate the collection of infor- bodies of the Indian tribes of the Missouri (1) IN GENERAL.—The Center shall carry out mation on the biological and water quality River Basin shall establish a committee to a competitive grant program under which characteristics of the River; and be known as the ‘‘Missouri River Basin the Center shall provide grants to States, In- (B) to evaluate how those characteristics Stakeholder Committee’’ to make rec- dian tribes, research institutions, and other are affected by hydrology; ommendations to the Federal agencies with eligible entities and individuals to conduct (2) to coordinate the monitoring and as- jurisdiction over the River on means of re- research on the impacts of the operation and sessment of biota (including threatened or storing the ecosystem of the River. maintenance of the mainstem reservoirs on endangered species) and habitat of the River; (b) MEMBERSHIP.—The Governors of the the River on the health of fish and wildlife of and States and governing bodies of the Indian the River, including an analysis of any ad- (3) to make recommendations on means to tribes of the Missouri River Basin shall ap- verse social and economic impacts that re- assist in restoring the ecosystem of the point to the Committee— sult from reoperation measures on the River. River. (1) representatives of— ONSULTATION.—In establishing the pro- (2) REQUIREMENTS.—On an annual basis, (b) C (A) the States; and gram under subsection (a), the Secretary the Center, the Director of the United States (B) Indian tribes of the Missouri River shall consult with— Fish and Wildlife Service, the Director of the Basin; (1) the Biological Resources Division of the United States Geological Survey, and the (2) individuals in the States with an inter- United States Geological Survey; Missouri River Natural Resources Com- est in or expertise relating to the River; and (2) the Director of the United States Fish mittee, shall— (3) such other individuals as the Governors and Wildlife Service; (A) prioritize research needs for the River; of the States and governing bodies of the In- (3) the Chief of Engineers; (B) issue a request for grant proposals; and dian tribes of the Missouri River Basin deter- (4) the Western Area Power Administra- (C) award grants to the entities and indi- mine to be appropriate. tion; viduals eligible for assistance under para- (5) the Administrator of the Environ- graph (1). SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to mental Protection Agency; (h) ALLOCATION OF FUNDS.— (6) the Governors of the States, acting the Secretary— (1) CENTER.—Of amounts made available to (1) to carry out section 3— through— carry out this section, the Secretary shall (A) the Missouri River Natural Resources (A) $6,500,000 for fiscal year 2003; make the following percentages of funds (B) $8,500,000 for fiscal year 2004; and Committee; and available to the Center: (B) the Missouri River Basin Association; (C) $15,100,000 for each of fiscal years 2005 (A) 35 percent for fiscal year 2003. through 2017; and and (B) 40 percent for fiscal year 2004. (7) the Indian tribes of the Missouri River (2) to carry out section 4, $150,000 for fiscal (C) 50 percent for each of fiscal years 2005 year 2003. Basin. through 2017. (c) ADMINISTRATION.—The Center shall ad- Mr. DORGAN. Mr. President, I am (2) STATES AND INDIAN TRIBES.—Of amounts minister the program. made available to carry out this section, the pleased to join my colleague from (d) ACTIVITIES.—In administering the pro- Secretary shall use the following percent- South Dakota Senator TIM JOHNSON gram, the Center shall— today in introducing this Missouri (1) establish a baseline of conditions for ages of funds to provide assistance to States the River against which future activities or Indian tribes of the Missouri River Basin River Enhancement and Monitoring may be measured; to carry out activities under subsection (d): Act of 2002 and thank him for his ef- (2) monitor biota (including threatened or (A) 65 percent for fiscal year 2003. forts in working with me on this legis- endangered species), habitats, and the water (B) 60 percent for fiscal year 2004. lation. This bill will establish a pro- quality of the River; (C) 50 percent for each of fiscal years 2005 gram to conduct research on, and mon- through 2017. (3) if initial monitoring carried out under itor the health of, the Missouri River paragraph (2) indicates that there is a need (3) USE OF ALLOCATIONS.— (A) IN GENERAL.—Of the amount made to help recover threatened and endan- for additional research, carry out any addi- gered species, such as the pallid stur- tional research appropriate to— available to the Center for a fiscal year (A) advance the understanding of the eco- under paragraph (1)(C), not less than— geon and piping plover. system of the River; and (i) 20 percent of the amount shall be made This bill will enable those who are (B) assist in guiding the operation and available to provide financial assistance active in the Missouri River Basin to management of the River; under subsection (f); and collect and analyze baseline data, as (4) use any scientific information obtained (i) 33 percent of the amount shall be made river operations change, so that we can available to provide grants under subsection from the monitoring and research to assist monitor changes in the health of the in the recovery of the threatened species and (g). (B) ADMINISTRATIVE AND OTHER EXPENSES.— river and in species recovery in future endangered species of the River; and years. (5) establish a scientific database that Any amount remaining after application of shall be— subparagraph (A) shall be used to pay the The program would also provide an (A) coordinated among the States and In- costs of— analysis of the social and economic im- dian tribes of the Missouri River Basin; and (i) administering the program; pacts along the river. And, it would es- (B) readily available to members of the (ii) collecting additional information relat- tablish a stakeholder group to make public. ing to the River, as appropriate; recommendations on the recovery of (iii) analyzing and presenting the informa- (e) CONTRACTS WITH INDIAN TRIBES.— the Missouri River ecosystem. (1) IN GENERAL.—Notwithstanding any tion collected under clause (ii); and (iv) preparing any appropriate reports, in- The bill establishes a cooperative other provision of law, the Secretary shall working arrangement between state, enter into contracts in accordance with sec- cluding the report required by subsection (i). tion 102 of the Indian Self-Determination Act (i) REPORT.—Not later than 3 years after regional federal, and tribal entities (25 U.S.C. 450f) with Indian tribes that have— the date on which the program is established that are active in the Missouri River (A) reservations located along the River; under subsection (a), and not less often than Basin. I look forward to working with and every 3 years thereafter, the Secretary, in all of the stakeholders in the Basin to (B) an interest in monitoring and assessing cooperation with the individuals and agen- implement this important legislation. the condition of the River. cies referred to in subsection (b), shall— I am especially pleased that this leg- (2) REQUIREMENTS.—A contract entered (1) review the program; islation is supported by a broad range into under paragraph (1) shall be for activi- (2) establish and revise the purposes of the of stakeholders, including the North ties that— program, as the Secretary determines to be (A) carry out the purposes of this Act; and appropriate; and Dakota State Water Commission, the (B) complement any activities relating to (3) submit to the appropriate committees North Dakota Game and Fish Depart- the River that are carried out by— of Congress a report on the environmental ment, the North Dakota Chapter of the (i) the Center; or health of the River, including— Sierra Club, the Three Affiliated

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00100 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 1, 2002 CONGRESSIONAL RECORD — SENATE S7917 Tribes, the Missouri River Natural Re- noted repeatedly, the hospitals in my I ask unanimous consent that the sources Committee, The Missouri River state lose more money to uncompen- text of the bill be printed in the Basin Association, the South Dakota sated care than similarly situated hos- RECORD. Game and Fish Department, American pitals in other states. Because the There being no objection, the bill was Rivers, and Environmental Defense. Medicare DSH formula fails to account ordered to be printed in the RECORD, as I am confident that this legislation for uncompensated care directly but in- follows: will enjoy bipartisan support, because stead uses Medicaid as a proxy, the S. 2854 of its significance in helping to mon- hospitals in New Mexico are not fairly Be it enacted by the Senate and House of Rep- itor and restore the health of this his- compensated by the Medicare DSH for- resentatives of the United States of America in toric River. Lewis and Clark traveled mula. Congress assembled, on this River. This River also contrib- To address this problem, MedPAC SECTION 1. SHORT TITLE. utes to $80 million in recreation, fish- recommends the formula ‘‘include the This Act may be cited as the ‘‘Medicare ing, and tourism benefits in the Basin. costs of all poor patients in calculating Safety Net Hospital Improvement Act of I look forward to holding hearings on low-income shares used to distribute 2002’’. this bill and hope that we will be able disproportionate share payments. . . .’’ SEC. 2. COLLECTION OF DATA AND MODIFICA- to pass it into law in the near future. The legislation we are introducing TION OF DISPROPORTIONATE SHARE MEDICARE PAYMENTS TO today would make that important HOSPITALS SERVING VULNERABLE By Mr. BINGAMAN (for himself, change on behalf of our Nation’s safety POPULATIONS. Mr. ROBERTS, and Mr. ENZI): net hospitals. (a) COLLECTION OF DATA.—Section S. 2854. A bill to amend title XVIII of In addition, MedPAC notes that the 1886(d)(5)(F) of the Social Security Act (42 the Social Security Act to improve dis- current Medicare DSH program has 10 U.S.C. 1395ww(d)(5)(F)) is amended by adding proportionate share medicare pay- different formulas. MedPAC adds, ‘‘In at the end the following new clause: ments to hospitals serving vulnerable ‘‘(xiv) The Secretary shall collect from particular, current policy favors hos- each subsection (d) hospital annual data on populations; to the Committee on Fi- pitals located in urban areas; almost nance. inpatient and outpatient charges, including half of urban hospitals receive DSH all such charges for each of the following Mr. BINGAMAN. Mr. President, I am payments, compared with only one- categories: introducing bipartisan legislation fifth of rural facilities.’’ ‘‘(I) All patients. today with Senators ROBERTS and ENZI Although BIPA improved the equity ‘‘(II) Patients who are entitled to benefits that addresses some inequities in the of DSH payments by raising the min- under part A and are entitled to benefits (ex- current Medicare disproportionate imum low-income share needed to cluding any State supplementation) under share hospital, or DSH, program. The the supplemental security income program qualify for a payment adjustment for under title XVI. bill incorporates the recommendations rural hospitals to that of urban hos- by the Medicare Payment Advisory ‘‘(III) Patients who are entitled to (or, if pitals, BIPA capped the DSH add-on they applied, would be eligible for) medical Commission, or MedPAC, to address payments a rural hospital can receive assistance under title XIX or child health as- the current inequities in the formula at just 5.25 percent, except for those sistance under title XXI. that harm rural hospitals and to better rural hospitals already receiving high- ‘‘(IV) Patients who are beneficiaries of in- target the money to safety net hos- er payments due to the sole commu- digent care programs sponsored by State or pitals. nity hospital or rural referral center local governments (including general assistance programs) which are funded solely by The Medicare DSH program was cre- status. While MedPAC estimated the ated with the purpose of assisting hos- local or State funds or by a combination of change made about 840 additional rural local, State, or Federal funding. pitals that provide a substantial hospitals, or 40 percent of all rural fa- amount of care to low-income bene- ‘‘(V) The amount of charity care charges cilities, eligible to receive DSH pay- and bad debt.’’. ficiaries, including seniors and disabled ments, the cap maintains some of the (b) MODIFICATION.—Section 1886(d)(5)(F) of citizens served by Medicare. To protect inequities between urban and rural the Social Security Act (42 U.S.C. access to low-income Medicare bene- hospitals. 1395ww(d)(5)(F)), as amended by subsection ficiaries, DSH funds are provided to Again, according to MedPAC in its (a), is amended— hospitals whose viability is threatened (1) by striking all the matter preceding June 2001 ‘‘Report to Congress: Medi- clause (xiv) and inserting the following: by providing care, including unreim- care in Rural America’’: bursed care, to low-income patients. ‘‘(F)(i) The Secretary shall provide, in ac- Unfortunately, the current Medicare Rural hospitals were responsible for 12.8 cordance with this subparagraph, for an ad- percent of the care provided to Medicaid and ditional payment amount for each sub- DSH formula does not adequately re- uncompensated care patients nationally in section (d) hospital which serves a signifi- flect or target money appropriately to 1999. With the DSH payment rules in effect cantly disproportionate number of low-in- these safety net institutions and it also through 2000, only 3.1 percent of payments come patients (as defined in clause (iv)). inappropriately sets limits and inequi- went to rural facilities; BIPA rules would in- ‘‘(ii) The amount of the payment described ties for rural hospitals, which are a crease that proportion to 6.9 percent. in clause (i) for each discharge shall be de- life-line to many of our Nation’s senior To address this problem, MedPAC termined by multiplying— citizens and yet struggle due to such also recommends using the ‘‘same for- ‘‘(I) the sum of the amount determined payment inequities in the Medicare mula to distribute payments to all hos- under paragraph (1)(A)(ii)(II) (or, if applicable, the amount determined under paragraph system. pitals covered by prospective pay- (1)(A)(iii)) and, for cases qualifying for addi- This legislation adopts the rec- ment.’’ tional payment under subparagraph (A)(i), ommendations of MedPAC to address In incorporating the recommenda- the amount paid to the hospital under sub- these inequities. According to MedPAC tions of MedPAC in this legislation, it paragraph (A) for that discharge, by from its March 2000 ‘‘Report to the is estimated the bill would increase ‘‘(II) the disproportionate share adjust- Congress: Medicare Payment Policy’’— rural DSH payments by 5.4 percent ment percentage established under clause The Commission believes that special pol- across the country, including an 8.4 (iii) for the cost reporting period in which icy changes are needed to ameliorate several percent increase for rural hospitals the discharge occurs. problems inherent in the existing dispropor- ‘‘(iii) The disproportionate share adjust- with less than 50 beds. Our Nation’s ment percentage for a cost reporting period tionate share payment system. The current public hospitals would also benefit low-income share measure does not include for a hospital is equal to (P–T)(C), where— care to all the poor; most notably, it omits greatly, as urban public hospitals and ‘‘(I) ‘P’ is equal to the hospital’s dispropor- uncompensated care. Instead, the measure rural government facilities are esti- tionate patient percentage (as defined in relies on the share of resources devoted to mated to receive increases of 3.6 per- clause (v)) for the period; treating Medicaid recipients to represent the cent and 7.7 percent, respectively, ‘‘(II) ‘T’ is equal to the threshold percent- low-income patient load for the entire non- under this legislation. age established by the Secretary under elderly poor population. This legislation I am introducing clause (iv); and ‘‘(III) ‘C’ is equal to a conversion factor es- New Mexico leads the Nation in the with Senators ROBERTS and ENZI ad- tablished by the Secretary in a manner so percentage of uninsured in its popu- dresses some long-standing inequities that, in applying such conversion factor for lations, according to the Census Bu- in the Medicare DSH formula. I urge cost reporting periods beginning in fiscal reau. Consequently, as MedPAC has its adoption this year. year 2002—

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00101 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7918 CONGRESSIONAL RECORD — SENATE August 1, 2002 ‘‘(aa) the total of the additional payments Act (42 U.S.C. 256b(a)(4)(L)(ii)) is amended to vidual and $23,880 for a couple. These that would have been made under this sub- read as follows: low-income beneficiaries are nearly paragraph for cost reporting periods begin- ‘‘(ii) for the most recent cost reporting pe- twice as likely as higher-income bene- ning in fiscal year 2002 if the amendment riod that ended before the calendar quarter ficiaries to report their health status made by section 2(b) of the Medicare Safety involved— Net Hospital Improvement Act of 2002 had ‘‘(I) in the case of a calendar quarter in- as fair or poor, but are less likely to been in effect; are equal to volved that begins prior to April 1, 2004, had have private supplemental insurance to ‘‘(bb) the total of the additional payments a disproportionate share adjustment percent- cover the cost of uncovered services or that would have been made under this sub- age (as determined under section Medicare cost-sharing. Poor bene- paragraph for cost reporting periods begin- 1886(d)(5)(F) of the Social Security Act) ficiaries also bear a disproportionate ning in fiscal year 2002 if such amendment greater than 11.75 percent or was described in burden in out-of-pocket health care was not in effect but if the disproportionate section 1886(d)(5)(F)(i)(II) of such Act; and costs, spending more than a third of share adjustment percentage (as defined in ‘‘(II) in the case of a calendar quarter in- their incomes on health care compared clause (iv) (as in effect during such cost re- volved that begins on or after April 1, 2004, porting periods)) for all hospitals was equal had a disproportionate share adjustment per- to only 10 percent for higher-income to the percent determined in accordance centage (as so determined) that is greater beneficiaries. with the applicable formulae described in than an appropriate percent, as established Medicaid, through what is known as clause (vii) (as so in effect). by the Secretary in a manner so that, with the ‘‘Medicare Savings Programs,’’ fills The Secretary shall establish the conversion respect to the 12-month period beginning on in Medicare’s gaps for low-income factor under subclause (III) based upon the such date, the number of hospitals that are beneficiaries, providing supplemental data described in clause (iv) that is collected described in this subparagraph is the same coverage to 17 percent of all Medicare by the Secretary. as, or greater than, the number of hospitals ‘‘(iv) For purposes of this subparagraph, a beneficiaries. According to the Center that would have been described in this sub- for Medicare Education, which is fund- hospital ‘serves a significantly dispropor- paragraph if the Medicare Safety Net Hos- tionate number of low-income patients’ for a pital Improvement Act of 2002 had not been ed by the Robert Wood Johnson Foun- cost reporting period if the hospital has a enacted; and’’. dation, the costs for low-income bene- disproportionate patient percentage (as de- (d) TECHNICAL AMENDMENTS.—Section ficiaries enrolled in the Qualified Medi- fined in clause (v)) for that period which 1815(e)(1)(B) of the Social Security Act (42 care Beneficiary, or QMB, program equals or exceeds a threshold percentage, as U.S.C. 1395g(e)(1)(B)) is amended— drops out-of-pocket expenditures from established by the Secretary in a manner so (1) in the matter preceding clause (i), by that, if the amendment made by section 2(b) 34 percent to 13 percent for low-income inserting ‘‘a’’ before ‘‘hospital’’; and beneficiaries. Moreover, Medicare bene- of the Medicare Safety Net Hospital Im- (2) in clause (i), by striking ‘‘(as estab- provement Act of 2002 had been in effect for lished in clause (iv) of such section)’’ and in- ficiaries with full Medicaid coverage cost reporting periods beginning in fiscal serting ‘‘(as established in section have out-of-pocket expenses of about 5 year 2002 and if the disproportionate share 1886(d)(5)(F)(iv), as in effect during fiscal percent of their income or $295 a year. adjustment percentage (as defined in clause year 1987)’’. This is a significant and important (iv) (as in effect during such periods)) for all (e) EFFECTIVE DATES.— protection for our Nation’s most finan- hospitals was equal to the percent deter- (1) COLLECTION.—The amendment made by cially vulnerable seniors and disabled mined in accordance with the applicable for- subsection (a) shall take effect on the date of mulae described in clause (vii) (as so in ef- citizens. Unfortunately, millions of enactment of this Act. beneficiaries, who are eligible for as- fect), 60 percent of subsection (d) hospitals (2) MODIFICATION AND CONFORMING AMEND- would have been eligible for an additional MENTS.—The amendments made by sub- sistance under the Medicare Savings payment under this subparagraph for such sections (b) and (c) shall apply to payments Programs, are not enrolled. Again, the periods. The Secretary shall establish such for discharges occurring on or after April 1, Center for Medicare Education esti- threshold percentage based upon the data de- 2004. mates that only half of the bene- scribed in clause (iv) that is collected by the (3) TECHNICAL AMENDMENTS.—The amend- ficiaries below poverty who are eligible Secretary. ments made by subsection (d) shall take ef- for assistance are actually enrolled. ‘‘(v) In this subparagraph, the term ‘dis- fect as if included in the enactment of sec- proportionate patient percentage’ means, Lack of outreach, complex and burden- tion 9311(a) of the Omnibus Budget Rec- with respect to a cost reporting period of a some enrollment procedures, and re- onciliation Act of 1986 (Public Law 99–509; 100 hospital (expressed as a percentage)— Stat. 1996). strictive asset requirements keep mil- ‘‘(I) the charges described in subclauses (II) lions of seniors from receiving the as- through (V) of clause (vi) for such period; di- By Mr. BINGAMAN (for himself, sistance they desperately need. vided by Mr. ROCKEFELLER, and Mr. GRA- The ‘‘Medicare Beneficiary Improve- ‘‘(II) the charges described in subclause (I) ment Act of 2002’’ takes a number of of such clause for such period.’’; and HAM): (2) by redesignating clause (xiv) as clause S. 2855. A bill to amend title XIX of steps to address these problems. First, (vi). the Social Security Act to improve the the legislation improves eligibility re- (c) CONFORMING AMENDMENTS.— qualified medicare beneficiary (QMB) quirements for these programs. It (1) MEDICARE.— and special low-income medicare bene- raises the income level for eligibility (A) QUALIFIED LONG-TERM CARE HOSPITAL.— ficiary (SLMB) programs within the for Medicare Part B premium assist- Section 1886(b)(3)(G)(ii)(II) of the Social Se- medicaid program; to the Committee ance from 120 to 135 percent of poverty. curity Act (42 U.S.C. 1395ww(b)(3)(G)(ii)(II)) on Finance. This expansion was originally enacted is amended by striking ‘‘of at least 70 percent (as determined by the Secretary under Mr. BINGAMAN. Mr. President, in 1997 but it expires this year. The subsection (d)(5)(F)(vi))’’ and inserting today I am introducing a bill with Sen- Congress needs to take action this year ‘‘under subsection (d)(5)(F)(v) equal to or ator ROCKEFELLER that will make sig- to maintain these important protec- greater than an appropriate percentage (as nificant and long-overdue improve- tions for the Nation’s elderly and determined by the Secretary)’’. ments in the programs that provide as- should take the additional action to ø(B) PROVIDER-BASED STATUS.—Section sistance to low-income Medicare bene- make this provision permanent. 404(b)(2)(B) of the Medicare, Medicaid, and ficiaries. This bill is a companion bill In addition, the bill also ensures that SCHIP Benefits Improvement and Protection to H.R. 5276, which was introduced by all seniors who meet supplemental se- Act of 2000 (114 Stat. 2763A–507), as enacted curity income, or SSI, criteria are into law by section 1(a)(6) of Public Law 106– Representatives JOHN DINGELL, 554, is amended by striking ‘‘greater than SHERROD BROWN, HENRY WAXMAN, and automatically eligible for assistance. 11.75 percent or is described in clause (i)(II) PETE STARK last week. Currently, automatic eligibility is only of such section’’ and inserting ‘‘greater than Medicare provides coverage to all 40 required in certain States, meaning an appropriate percent (as determined by the million elderly and disabled bene- that beneficiaries in other states may Secretary)’’.¿ ficiaries, regardless of income, but the miss out on critical assistance unless (2) MEDICAID.—Section 1923(c) of the Social cost of uncovered services, premiums, they know enough to apply. Security Act (42 U.S.C. 1396r–4(c)) is amend- and cost-sharing is a serious burden on The bill also eliminates the restric- ed— those with the lowest incomes. tive assets test that requires seniors to (A) in paragraph (1), by striking ‘‘section More than 40 percent of Medicare become completely destitute in order 1886(d)(5)(F)(iv)’’ and inserting ‘‘section 1886(d)(5)(F)(iii)’’; and beneficiaries have incomes below 200 to qualify for assistance. Most low-in- (B) by striking the second sentence. percent of poverty, including 47 percent come Medicare beneficiaries have lim- (3) PUBLIC HEALTH SERVICE ACT.—Section or 102,000 seniors in New Mexico, at in- ited assets to begin with but the asset 340B(a)(4)(L)(ii) of the Public Health Service come levels below $17,720 for an indi- restrictions are so severe, a beneficiary

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00102 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 1, 2002 CONGRESSIONAL RECORD — SENATE S7919 could not keep a fund or more than projects for the Medicare Savings Pro- (1) be redesignating paragraph (6) as para- $1,500 for burial expenses without being grams. graph (11); and disqualified from assistance. Moreover, I would like to thank Representative (2) by adding at the end the following new paragraph: DINGELL for his leadership on this issue own a car and you are likely to be de- ‘‘(6) In the case of a State which has elect- nied financial protections under cur- and am pleased to be introducing the ed treatment under section 1902(f) for aged, rent law. Senate companion bill to his legisla- blind, and disabled individuals, individuals According to the Kaiser Family tion. with respect to whom supplemental security Foundation, it is estimated that up to I look forward to working with my income payments are being paid under title 40 percent of low-income elderly that colleagues to pass this important legis- XVI are deemed for purposes of this title to are otherwise eligible for financial as- lation. be qualified medicare beneficiaries.’’. sistance are denied protections due to I ask unanimous consent that the (b) SELF-CERTIFICATION OF INCOME.—Sec- text of the bill be printed in the tion 1905(p) of the Social Security Act (42 the assets test. Any senior citizen U.S.C. 1396d(p)), as amended by subsection making less than $13,290 a year who RECORD. (a), is further amended by inserting after somehow has managed to scrape to- S. 2855 paragraph (6) the following new paragraph: gether $4,000 in a savings account for Be it enacted by the Senate and House of Rep- ‘‘(7) In determining whether an individual emergency are not eligible for financial resentatives of the United States of America in qualifies as a qualified medicare beneficiary protections from Medicare’s cost shar- Congress assembled, or is eligible for benefits under section ing requirements. This runs counter to SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 1902(a)(10)(E)(iii), the State shall permit indi- the goal of the Medicare program of (a) SHORT TITLE.—This Act may be cited as viduals to qualify on the basis of self-certifications of income without the need to pro- providing security to the elderly rather the ‘‘Medicare Beneficiary Assistance Im- provement Act of 2002’’. vide additional documentation.’’. than requiring impoverishment of (b) TABLE OF CONTENTS.—The table of con- (c) AUTOMATIC REENROLLMENT WITHOUT them. tents of this Act is as follows: NEED TO REAPPLY.— Furthermore, the legislation take Sec. 1. Short title; table of contents. (1) IN GENERAL.—Section 1905(p) of the So- steps to eliminate barriers to enroll- Sec. 2. Renaming program to eliminate con- cial Security Act (42 U.S.C. 1396d(p)), as ment under the program. Again, ac- fusion. amended by subsections (a) and (b), is fur- cording to the Center for Medicare Sec. 3. Expanding protections by increasing ther amended by inserting after paragraph SLMB eligibility income level (7) the following new paragraph: Education, ‘‘While some states have ‘‘(8) In the case of an individual who has conducted activities to reach and en- to 135 percent of poverty. Sec. 4. Eliminating barriers to enrollment. been determined to qualify as a qualified roll people in the Medicare Savings Sec. 5. Elimination of asset test. medicare beneficiary or to be eligible for Programs, there is a need for more out- Sec. 6. Improving assistance with out-of- benefits under section 1902(a)(10)(E)(iii), the reach activity in states. For example, pocket costs. individual shall be deemed to continue to be in 1999, only 18 states reported that Sec. 7. Improving program information and so qualified or eligible without the need for they used a short application form for coordination with State, local, any annual or periodic application unless the Medicare Savings Programs, and and other partners. and until the individual notifies the State Sec. 8. Notices to certain new medicare that the individual’s eligibility conditions less than half of the states placed eligi- beneficiaries. have changed so that the individual is no bility workers in settings other than SEC. 2. RENAMING PROGRAM TO ELIMINATE longer so qualified or eligible.’’. welfare offices.’’ CONFUSION. (2) CONFORMING AMENDMENT.—Section The bill allows Medicare bene- The programs of benefits for lower income 1902(e)(8) of the Social Security Act (42 ficiaries to apply for assistance at local medicare beneficiaries provided under sec- U.S.C. 1396a(e)(8)) is amended by striking the social security offices, encourages tion 1902(a)(10)(E) of the Social Security Act second sentence. states to station eligibility workers at (42 U.S.C. 1396a(a)(10)(E)) shall be known as (d) USE OF SIMPLIFIED APPLICATION PROC- these offices, as well as at other sites the ‘‘Medicare Savings Programs’’. ESS.—Section 1905(p) of the Social Security frequented by senior citizens and indi- SEC. 3. EXPANDING PROTECTIONS BY INCREAS- Act (42 U.S.C. 1396d(p)), as amended by sub- ING SLMB ELIGIBILITY INCOME sections (a), (b), and (c), is further amended viduals with disabilities, and ensures LEVEL TO 135 PERCENT OF POV- by inserting after paragraph (8) the following that beneficiaries can apply for the ERTY. new paragraph: program using a simplified application (a) IN GENERAL.—Section 1902(a)(10)(E)(iii) ‘‘(9) A State shall permit individuals to form. In addition, this bill will ensure of the Social Security Act (42 U.S.C. apply to qualify as a qualified medicare ben- that once an individual is found eligi- 1396a(a)(10)(E)(iii)) is amended by striking eficiary or for benefits under section ble for assistance, the individual re- ‘‘120 percent in 1995 and years thereafter’’ 1902(a)(10)(E)(iii) through the use of the sim- and inserting ‘‘120 percent in 1995 through mains continuously eligible and does plified application form developed under sec- 2002 and 135 percent in 2003 and years there- tion 1905(p)(5)(A) and shall permit such an not need to re-apply annually. after’’. application to be made over the telephone or Another important step the legisla- (b) CONFORMING REMOVAL OF QI–1 AND QI–2 by mail, without the need for an interview in tion takes for low-income Medicare PROVISIONS.— person by the applicant or a representative beneficiaries is that it provides 3 (1) Section 1902(a)(10)(E) of such Act (42 of the applicant.’’. months of retroactive for QMBs. All U.S.C. 1396a(a)(10)(E)) is further amended— (e) ROLE OF SOCIAL SECURITY OFFICES.— other groups of beneficiaries have this (A) by adding ‘‘and’’ at the end of clause (1) ENROLLMENT AND PROVISION OF INFORMA- protection currently. In addition, it (ii); TION AT SOCIAL SECURITY OFFICES.—Section prohibits estate recovery for QMBs for (B) by striking ‘‘and’’ at the end of clause 1905(p) of the Social Security Act (42 U.S.C. (iii); and 1396d(p)), as amended by subsections (a), (b), the cost of their cost-sharing or bene- (C) by striking clause (iv). (c), and (d) is further amended by inserting fits provided through this program. (2) Section 1933 of such Act (42 U.S.C. after paragraph (9) the following new para- The fear that Medicaid will recoup 1396u–3) is repealed. graph: such costs from a surviving spouse is (3) The amendments made by this sub- ‘‘(10) The Commissioner of Social Security often a deterrent for many seniors to section shall take effect as of January 1, shall provide, through local offices of the So- apply for such assistance. 2003. cial Security Administration— And finally, the legislation funds a (c) APPLICATION OF CHIP ENHANCED MATCH- ‘‘(A) for the enrollment under State plans demonstration project to improve in- ING RATE FOR SLMB ASSISTANCE.— under this title for appropriate medicare (1) IN GENERAL.—Section 1905(b)(4) of such cost-sharing benefits for individuals who formation and coordination between Act (42 U.S.C. 1396d(b)(4)) is amended by in- qualify as a qualified medicare beneficiary or federal state, and local entities to inserting ‘‘or section 1902(a)(10)(E)(iii)’’ after for benefits under section 1902(a)(10)(E)(iii); crease enrollment of eligible Medicare ‘‘section 1902(a)(10)(A)(ii)(XVIII)’’. and beneficiaries. This demonstration (2) EFFECTIVE DATE.—The amendment ‘‘(B) for providing oral and written notice would help agencies identify individ- made by paragraph (1) shall apply to medical of the availability of such benefits.’’. uals who are potentially eligible for as- assistance for medicare cost-sharing for (2) CLARIFYING AMENDMENT.—Section sistance by coordinating various data months beginning with January 2003. 1902(a)(5) of such Act (42 U.S.C. 1396a(a)(5)) is and sharing it with states for the pur- SEC. 4. ELIMINATING BARRIERS TO ENROLL- amended by inserting ‘‘as provided in section MENT. 1905(p)(10)’’ after ‘‘except’’. poses of locating and enrolling these (a) AUTOMATIC ELIGIBILITY FOR SSI RECIPI- (f) OUTSTATIONING OF STATE ELIGIBILITY individuals. In addition, the legislation ENTS IN 209(b) STATES AND SSI CRITERIA WORKERS AT SSA FIELD OFFICES.—Section provides grant money for additional in- STATES.—Section 1905(p) of the Social Secu- 1902(a)(55) of such Act (42 U.S.C. 1396a(a)(55)) novative outreach and enrollment rity Act (42 U.S.C. 1396d(p)) is amended— is amended—

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00103 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7920 CONGRESSIONAL RECORD — SENATE August 1, 2002 (1) in the matter preceding subparagraph assistance under section 1902(a)(10)(E) of the ficiaries may use to obtain additional infor- (A), by striking ‘‘subsection (a)(10)(A)(i)(IV), Social Security Act (42 U.S.C. mation about the program. (a)(10)(A)(i)(VI), (a)(10)(A)(i)(VII), or 1396a(a)(10)(E)). (a)(10)(A)(ii)(IX)’’ and inserting ‘‘paragraph (2) LIMITATION ON USE OF INFORMATION.— By Mr. ROCKEFELLER (for him- (10)(A)(i)(IV), (10)(A)(i)(VI), (10)(A)(i)(VII), Notwithstanding any other provision of law, self, Ms. COLLINS, and Mr. (10)(A)(ii)(IX), or (10)(E)’’; and specific information on income or related WYDEN): (2) in subparagraph (A), by striking matters exchanged under paragraph (1) may S. 2857. A bill to amend titles XVIII ‘‘1905(1)(2)(B)’’ and inserting ‘‘1905(l)(2)(B), be disclosed only as required to carry out and XIX of the Social Security Act to and in the case of applications of individuals subsection (b) and for related Federal and improve the requirements regarding for medical assistance under paragraph State outreach efforts. advance directives in order to ensure (10)(E), at locations that include field offices (3) PERIOD.—The project under this sub- of the Social Security Administration’’. section shall be for an initial period of 3 that an individual’s health care deci- SEC. 5. ELIMINATION OF ASSET TEST. years and may be extended for additional pe- sions are complied with, and for other (a) IN GENERAL.—Section 1905(p)(1) of the riods (not to exceed 3 years each) after such purposes; to the Committee on Fi- Social Security Act (42 U.S.C. 1396d(p)(1)) is an extension is recommended in a report nance. amended— under subsection (d). Mr. ROCKEFELLER. Mr President, I (1) by adding ‘‘and’’ at the end of subpara- (b) STATE DEMONSTRATION GRANTS.— am extremely pleased to be joined by graph (A); (1) IN GENERAL.—The Secretary of Health my colleagues, Senator COLLINS and and Human Services shall enter into a dem- (2) by striking ‘‘, and’’ at the end of sub- Senator WYDEN, in introducing the Ad- paragraph (B) and inserting a period; and onstration project with States (as defined for purposes of title XIX of the Social Security vanced Directives and Compassionate (3) by striking subparagraph (C). Care Act of 2002. (b) EFFECTIVE DATE.—The amendments Act (42 U.S..C 1396 et seq.) to provide funds to States to use information identified under The end of life is a difficult time for made by subsection (a) shall apply to eligi- individuals and their families. A com- bility determinations for medicare cost-shar- subsection (a), and other appropriate infor- ing furnished for periods beginning on or mation, in order to do ex parte determina- plex web of emotional, legal, medical, after January 1, 2003. tions or other methods for identifying and and spiritual demands magnify the enrolling individuals who are potentially eli- SEC. 6. IMPROVING ASSISTANCE WITH OUT-OF- pain and turmoil already being experi- POCKET COSTS. gible to be qualified medicare beneficiaries enced. Loss of control can result in de- or otherwise eligible for medical assistance (a) ELIMINATING APPLICATION OF ESTATE pression and confusion, sometimes described in section 1902(a)(10)(E) of the So- RECOVERY PROVISIONS.—Section even hastening death. And, too often, a cial Security Act (42 U.S.C. 1396a(a)(10)(E)). 1917(b)(1)(B)(ii) of the Social Security Act (42 lifetime’s dignity can be stripped away U.S.C. 1396p(b)(1)(B)(ii)) is amended by in- (2) AUTHORIZATION OF APPROPRIATIONS.— There are authorized to be appropriated such in a person’s final months, leaving serting ‘‘(but not including medical assist- their survivors an inheritance of sad- ance for medicare cost-sharing or for bene- sums as may be necessary to the Secretary fits described in section 1902(a)(10)(E))’’ be- of Health and Human Services for the pur- ness and regret. fore the period at the end. pose of making grants under this subsection. The Advanced Directives and Com- (c) ADDITIONAL CMS FUNDING FOR OUT- (b) PROVIDING FOR 3-MONTHS RETROACTIVE passionate Care Act will help families REACH AND ENROLLMENT PROJECTS.—There ELIGIBILITY.— and individuals avoid this bitter leg- are hereby appropriated, out of any funds in (1) IN GENERAL.—Section 1905(a) of such Act acy, by helping maintain greater con- the Treasury not otherwise appropriated, to (42 U.S.C. 1396d(a)) is amended, in the matter the Secretary of Health and Human Services trol of their final months. It gives pa- before paragraph (1), by striking ‘‘described through the Administrator of the Centers for tients greater information and power in subsection (p)(1), if provided after the Medicare & Medicaid Services, $100,000,000 in determining treatment and hospice month’’ and inserting ‘‘described in sub- which shall be used only for the purpose of options. The legislation addresses legal section (p)(1), if provided in or after the third providing grants to States to fund projects issues that often arise at the end-of- month before the month’’. to improve outreach and increase enrollment life, and makes it more certain that ad- (2) CONFORMING AMENDMENTS.—(A) The in Medicare Savings Programs. Such first sentence of section 1902(e)(8) of such Act vanced directives, such as ‘‘living projects may include cooperative grants and wills’’ will be followed. It promotes the (42 U.S.C. 1396a(e)(8)), as amended by section contracts with community groups and other 4(c)(2), is amended by striking ‘‘(8)’’ and the groups (such as the Department of Veterans’ hospice-based care that most termi- first sentence. Affairs and the Indian Health Service) to as- nally ill patients prefer. Most impor- (B) Section 1848(g)(3) of such Act (42 U.S.C. sist in the enrollment of eligible individuals. tant, it gives people a better chance to 1395w–4(g)(3)) is amended by adding at the (d) REPORTS.—The Secretary of Health and maintain their dignity in their final end the following new subparagraph: Human Services shall submit to Congress hours. I urge that the Senate take up ‘‘(C) TREATMENT OF RETROACTIVE ELIGI- periodic reports on the projects conducted this vital and compassionate legisla- BILITY.—In the case of an individual who is under this section. Such reports shall in- determined to be eligible for medical assist- clude such recommendations for extension of tion this year, and that we ensure it’s ance described in subparagraph (A) retro- such projects, and changes in laws based on passage before we return home this actively, the Secretary shall provide a proc- based projects, as the Secretary deems ap- fall. ess whereby claims previously for services propriate. According to a 1999 National Hospice furnished during the period of retroactive SEC. 8. NOTICES TO CERTAIN NEW MEDICARE and Palliative Care Organization sur- eligibility which were not submitted in ac- BENEFICIARIES. vey, Americans are hesitant to talk cordance with such subparagraph are resub- (a) SSA NOTICE.—At the time that the with their elderly parents about how mitted and re-processed in accordance with Commissioner of Social Security sends a no- they would like to be cared for at the such subparagraph.’’. tice to individuals that they have been deter- end of life. This same study showed SEC. 7. IMPROVING PROGRAM INFORMATION mined to be eligible for benefits under part A AND COORDINATION WITH STATE, or B of title XVIII of the Social Security Act that less than twenty-five percent of LOCAL, AND OTHER PARTNERS. (42 U.S.C. 1395 et seq., 1395j et seq.), the Com- Americans have put into writing in- (a) DATA MATCH DEMONSTRATION missioner shall send a notice and application structions for how we’d like to be cared PROJECT.— for benefits under title XIX of the Social Se- for personally at the end of our lives. (1) IN GENERAL.—The Secretary of Health curity Act (42 U.S.C. 1396 et seq.) to those in- Many health care providers overlook and Human Services (acting through the Ad- dividuals the Commissioner identifies as the equally important issue of pro- ministrator of the Centers for Medicare & being likely to be eligible for benefits under viding adequate and appropriate care Medicaid Services), the Secretary of the clause (i), (ii), or (iii) of section 1902(a)(10)(E) Treasury, and the Commissioner of Social of such Act (42 U.S.C. 1396a(a)(10)(E)). Such such as relief of pain, or family support Security shall enter into an arrangement notice and application shall be accompanied services to those who are at the end of under which a demonstration is conducted, by information on how to submit such an ap- life. In addition, there is great vari- consistent with this subsection, for the ex- plication and on where to obtain more infor- ation among State laws with respect to change between the Centers for Medicare & mation (including answers to questions) on advanced directives. Medicaid Services, the Internal Revenue the application process. Our legislation takes real and tan- Service, and the Social Security Administra- (b) INCLUDING INFORMATION IN MEDICARE & gible steps toward improving the prac- tion of information in order to identity indi- YOU HANDBOOK.—The Secretary of Health tices and care that affect our citizens viduals who are medicare beneficiaries and and Human Services shall include in the an- who, based on data from the Internal Rev- nual handbook distributed under section when they are facing death or the real enue Service that (such as their not filing 1804(a) of the Social Security Act (42 U.S.C. possibility of death. tax returns or other appropriate filters) are 1395b–2(a)) information on the availability of First, and perhaps most important, likely to be qualified medicare beneficiaries Medicare Savings Programs and a toll-free the Compassionate Care Act gives pa- or individuals otherwise eligible for medical telephone number that medicare bene- tients greater power to control their

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00104 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 1, 2002 CONGRESSIONAL RECORD — SENATE S7921 final days, by directly addressing the directive it be placed prominently in this quality end-of-life care—helping improvement of advanced directives. In the medical record where all doctors the dying and their families who want my home state, a 2000 survey showed and nurses involved in the patient’s better, more compassionate care—is that three-quarters of West Virginians care can clearly see it. Finally, under what we should be talking about, and would prefer to die at home, yet nearly the Compassionate Care Act, a 24-hour, what our legislation does. 60 percent of all deaths occur in a hos- toll-free hotline that provides con- This legislation has been endorsed by pital. West Virginia has perhaps the sumers with information on advance the National Hospice and Palliative most progressive state laws with re- directives, end-of-life care decision- Care Association, Partnership for Car- gard to living wills and power of attor- making, and hospice care would be es- ing, The American Bar Association, ney, yet only one-third of those sur- tablished. Americans for Better Care of the veyed have either. These figures are Second, our legislation would require Dying, and the American Academy of unacceptable—people need to have a the Secretary of Health and Human Pediatrics. I ask unanimous consent greater say in their own destiny. Services to develop outcome standards that several of the letters of support Currently, state laws on the execu- and other measures for evaluating the from these organizations and the full tion of advance directives vary greatly. quality of end-of-life care including the text of the legislation be included in Too often, this means a serious prob- appropriateness of care and ease of ac- the RECORD at the conclusion of my re- lem when the patient’s wishes about cess to high quality care. There are marks. their medical care are ignored—even currently too few measures or stand- There being no objection, the addi- when family members attest to their ards available to assess the quality of tional material was ordered to be validity—because they moved to an- care provided to Medicare, Medicaid printed in the RECORD, as follows: other state after creating the directive, and S–CHIP beneficiaries with ter- but before or at the time that care is minal conditions. There are also sig- S. 2857 needed. Most of the differences that nificant variations in available medical Be it enacted by the Senate and House of Rep- cause one state not to honor an ad- care for patients at the end-of-life resentatives of the United States of America in vance directive created in another based on geographic area, ethnic group Congress assembled, state are technical in nature—for ex- and alternative models of care. SECTION 1. SHORT TITLE; TABLE OF CONTENTS. ample, one state requires two witnesses Third, this legislation would author- (a) SHORT TITLE.—This Act may be cited as while another only one. This variance ize demonstration projects to develop the ‘‘Advance Planning and Compassionate should not deny a person the type of new and innovative approaches to im- Care Act of 2002’’. care desired. Only a federal portability proving end-of-life care and pain man- (b) TABLE OF CONTENTS.—The table of con- statute can address this problem. agement for Medicare, Medicaid and S– tents of this Act is as follows: Under our legislation, an advance di- CHIP beneficiaries. At least one dem- Sec. 1. Short title; table of contents. rective valid in the state in which it is onstration would focus particularly on Sec. 2. Development of standards to assess executed would be honored in any pediatric end-of-life care. Priorities in- end-of-life care. other state in which it may be preclude adequate pain management for Sec. 3. Study and report by the Secretary of sented. In addition, the Secretary of terminally ill patients—40–80 percent Health and Human Services re- Health and Human Services would be of terminally ill patients say they do garding the establishment and required to gather information and not receive adequate treatment for implementation of a national consult with experts about the feasi- their pain; treatment of pediatric ill- uniform policy on advance directives. bility and desirability of creating a nesses—28 thousand children die of Sec. 4. Improvement of policies related to uniform advance directive for all Medi- chronic illness each year, but fewer the use of advance directives. care and Medicaid beneficiaries, and than 10 percent receive hospice care; Sec. 5. National information hotline for end- possibly others, in the United States, and treatment of Medicare bene- of-life decisionmaking and hos- as well as study such issues as the pro- ficiaries in hospice care. pice care. vision of adequate palliative care. A Finally, to help improve communica- Sec. 6. Demonstration project for innovative uniform advance directive would en- tion between federal agencies and ex- and new approaches to end-of- able people to designate the kind of perts in the fields of hospice, end-of- life care for medicare, med- care they wish to receive at the end of life, and palliative care, the legislation icaid, and SCHIP beneficiaries. their lives in a way that is easily rec- establishes a 15 member End-of-Life Sec. 7. Establishment of End-of-Life Care ognizable and understood by everyone. Care Advisory Board consisting of end- Advisory Board. In 1990, this body passed bipartisan of-life care providers, consumers, pro- SEC. 2. DEVELOPMENT OF STANDARDS TO AS- legislation entitled the Patient Self- fessional and resource-based groups, SESS END-OF-LIFE CARE. Determination Act. That legislation and policy/advocacy organizations. Re- (a) IN GENERAL.—The Secretary of Health required hospitals, and other health cently, the Centers for Medicare and and Human Services, in consultation with care facilities participating in the Medicaid Services has made a con- the Administrator of the Centers for Medi- Medicare and Medicaid programs to certed effort to improve its involve- care & Medicaid Services, the Director of the National Institutes of Health, the Adminis- provide every adult receiving medical ment in the area of end-of-life care. trator of the Agency for Health Care Policy care with written information regard- The Advisory Board is designed to fur- and Research, and the End-of-Life Care Advi- ing the patient’s involvement with ther assist the Secretary and the Cen- sory Board (established under section 7), their own treatment decisions. The ters for Medicare and Medicaid Serv- shall develop outcome standards and meas- Compassionate Care Act builds on this ices in the evaluation of and decisions ures to— Act, and the thinking behind it, to im- relating to adequate end-of-life care. In (1) evaluate the performance of health care prove the quality of care and the qual- addition, it would utilize the reports programs and projects that provide end-of- ity of life for terminally ill patients. mandated in this bill to create its own life care to individuals, including the quality Our bill builds on the Patient Self- of the care provided by such programs and evaluation of the field and propose rec- projects; and Determination Act, improving the type ommendations for legislative and ad- (2) assess the access to, and utilization of, and amount of information available ministrative actions to improve end-of- such programs and projects, including dif- by ensuring that a person entering a life care in America. ferences in such access and utilization in hospital, nursing home, or other health Mr. President, death is a hard subject rural and urban areas and for minority popu- care facility is helped by a knowledge- to talk about. It’s hard to think lations. able person to create a new advance di- about—and especially hard to plan for. (b) REPORT TO CONGRESS.—Not later than 2 rective or discuss an existing one. The I know this personally, as many of my years after the date of enactment of this patient’s own needs, desires, and values colleagues may as well, from dealing Act, the Secretary of Health and Human must be the basis of decision-making with the loss of a family member to a Services shall submit to Congress a report on the outcome standards and measures devel- and, whenever possible, the patient’s prolonged illness. Too often discussion oped under subsection (a), together with rec- family and/or friends should be part of about end-of-life care and adequate ommendations for such legislation and ad- the conversation. Further, the bill re- pain management focuses around phy- ministrative actions as the Secretary con- quires that if a person has an advance sician assisted suicide. The fact is that siders appropriate.

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00105 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7922 CONGRESSIONAL RECORD — SENATE August 1, 2002 SEC. 3. STUDY AND REPORT BY THE SECRETARY ‘‘(F) to provide each individual with the or in writing by the individual, the individ- OF HEALTH AND HUMAN SERVICES opportunity to discuss issues relating to the ual’s medical power of attorney representa- REGARDING THE ESTABLISHMENT information provided to that individual pur- tive, the individual’s health care surrogate, AND IMPLEMENTATION OF A NA- suant to subparagraph (A) with an appro- TIONAL UNIFORM POLICY ON AD- or other individuals resulting in the health VANCE DIRECTIVES. priately trained professional.’’; care provider’s personal cognizance of these (a) STUDY.— (2) in paragraph (3), by striking ‘‘a writ- wishes. Other forms of imputed knowledge (1) IN GENERAL.—The Secretary of Health ten’’ and inserting ‘‘an’’; and are not actual knowledge. (3) by adding at the end the following new and Human Services shall conduct a thor- ‘‘(C) The provisions of this paragraph shall ough study of all matters relating to the es- paragraph: ‘‘(5)(A) An advance directive validly exe- preempt any State law to the extent such tablishment and implementation of a na- law is inconsistent with such provisions. The tional uniform policy on advance directives cuted outside of the State in which such ad- provisions of this paragraph shall not pre- for individuals receiving items and services vance directive is presented by an adult indi- empt any State law that provides for greater under titles XVIII and XIX of the Social Se- vidual to a provider of services, a portability, more deference to a patient’s curity Act (42 U.S.C. 1395 et seq.; 1396 et Medicare+Choice organization, or a prepaid seq.). or eligible organization shall be given the wishes, or more latitude in determining a pa- same effect by that provider or organization tient’s wishes.’’. (2) MATTERS STUDIED.—The matters studied as an advance directive validly executed by the Secretary of Health and Human Serv- (c) STUDY AND REPORT REGARDING IMPLE- under the law of the State in which it is pre- ices under paragraph (1) shall include issues MENTATION.— concerning— sented would be given effect. ‘‘(B)(i) The definition of an advanced direc- (1) STUDY.—The Secretary of Health and (A) family satisfaction that a patient’s tive shall also include actual knowledge of Human Services shall conduct a study re- wishes, as stated in the patient’s advance di- instructions made while an individual was garding the implementation of the amend- rective, were carried out; able to express the wishes of such individual ments made by subsections (a) and (b). (B) the portability of advance directives, with regard to health care. (2) REPORT.—Not later than 18 months including cases involving the transfer of an ‘‘(ii) For purposes of clause (i), the term after the date of enactment of this Act, the individual from 1 health care setting to an- ‘‘actual knowledge’’ means the possession of Secretary of Health and Human Services other; information of an individual’s wishes com- shall submit to Congress a report on the (C) immunity from civil liability and municated to the health care provider orally study conducted under paragraph (1), to- criminal responsibility for health care pro- or in writing by the individual, the individ- gether with recommendations for such legis- viders that follow the instructions in an in- ual’s medical power of attorney representa- lation and administrative actions as the Sec- dividual’s advance directive that was validly tive, the individual’s health care surrogate, retary considers appropriate. executed in, and consistent with the laws of, or other individuals resulting in the health (d) EFFECTIVE DATES.— the State in which it was executed; care provider’s personal cognizance of these (1) IN GENERAL.—Subject to paragraph (2), (D) conditions under which an advance di- wishes. Other forms of imputed knowledge the amendments made by subsections (a) and rective is operative; are not actual knowledge. (b) shall apply to provider agreements and (E) revocation of an advance directive by ‘‘(C) The provisions of this paragraph shall contracts entered into, renewed, or extended an individual; preempt any State law to the extent such under title XVIII of the Social Security Act (F) the criteria used by States for deter- law is inconsistent with such provisions. The (42 U.S.C. 1395 et seq.), and to State plans mining that an individual has a terminal provisions of this paragraph shall not pre- under title XIX of such Act (42 U.S.C. 1396 et condition; empt any State law that provides for greater seq.), on or after such date as the Secretary (G) surrogate decisionmaking regarding portability, more deference to a patient’s of Health and Human Services specifies, but end-of-life care; wishes, or more latitude in determining a pain no case may such date be later than 1 year (H) the provision of adequate palliative tient’s wishes.’’. after the date of enactment of this Act. care (as defined in paragraph (3)), including (b) MEDICAID.—Section 1902(w) of the So- (2) EXTENSION OF EFFECTIVE DATE FOR pain management; and cial Security Act (42 U.S.C. 1396a(w)) is STATE LAW AMENDMENT.—In the case of a (I) adequate and timely referrals to hospice amended— State plan under title XIX of the Social Se- care programs. (1) in paragraph (1)— curity Act (42 U.S.C. 1396 et seq.) which the (3) PALLIATIVE CARE.—For purposes of (A) in subparagraph (B)— Secretary of Health and Human Services de- paragraph (2)(H), the term ‘‘palliative care’’ (i) by striking ‘‘in the individual’s medical termines requires State legislation in order means interdisciplinary care for individuals record’’ and inserting ‘‘in a prominent part for the plan to meet the additional require- with a life-threatening illness or injury re- of the individual’s current medical record’’; ments imposed by the amendments made by lating to pain and symptom management and subsection (b), the State plan shall not be re- and psychological, social, and spiritual needs (ii) by inserting ‘‘and if presented by the garded as failing to comply with the require- and that seeks to improve the quality of life individual, to include the content of such ad- ments of such title solely on the basis of its for the individual and the individual’s fam- vance directive in a prominent part of such failure to meet these additional require- ily. record’’ before the semicolon at the end; ments before the first day of the first cal- (b) REPORT TO CONGRESS.—Not later than (B) in subparagraph (D), by striking ‘‘and’’ endar quarter beginning after the close of 18 months after the date of enactment of this after the semicolon at the end; the first regular session of the State legisla- Act, the Secretary of Health and Human (C) in subparagraph (E), by striking the pe- ture that begins after the date of enactment Services shall submit to Congress a report on riod at the end and inserting ‘‘; and’’; and of this Act. For purposes of the previous sen- the study conducted under subsection (a), to- (D) by inserting after subparagraph (E) the tence, in the case of a State that has a 2-year gether with recommendations for such legis- following new subparagraph: legislative session, each year of the session lation and administrative actions as the Sec- ‘‘(F) to provide each individual with the is considered to be a separate regular session retary considers appropriate. opportunity to discuss issues relating to the of the State legislature. (c) CONSULTATION.—In conducting the information provided to that individual pur- study and developing the report under this suant to subparagraph (A) with an appro- SEC. 5. NATIONAL INFORMATION HOTLINE FOR section, the Secretary of Health and Human priately trained professional.’’; END-OF-LIFE DECISIONMAKING AND Services shall consult with the End-of-Life (2) in paragraph (4), by striking ‘‘a writ- HOSPICE CARE. Care Advisory Board (established under sec- ten’’ and inserting ‘‘an’’; and The Secretary of Health and Human Serv- tion 7), the Uniform Law Commissioners, and (3) by adding at the end the following para- ices, acting through the Administrator of other interested parties. graph: the Centers for Medicare & Medicaid Serv- SEC. 4. IMPROVEMENT OF POLICIES RELATED TO ‘‘(6)(A) An advance directive validly exe- ices, shall operate directly, or by grant, con- THE USE OF ADVANCE DIRECTIVES. cuted outside of the State in which such ad- tract, or interagency agreement, out of funds (a) MEDICARE.—Section 1866(f) of the Social vance directive is presented by an adult indi- otherwise appropriated to the Secretary, a Security Act (42 U.S.C. 1395cc(f)) is amend- vidual to a provider or organization shall be clearinghouse and a 24-hour toll-free tele- ed— given the same effect by that provider or or- phone hotline in order to provide consumer (1) in paragraph (1)— ganization as an advance directive validly information about advance directives (as de- (A) in subparagraph (B), by inserting ‘‘and executed under the law of the State in which fined in section 1866(f)(3) of the Social Secu- if presented by the individual, to include the it is presented would be given effect. content of such advance directive in a promi- ‘‘(B)(i) The definition of an advanced direc- rity Act (42 U.S.C. 1395cc(f)(3)), as amended nent part of such record’’ before the semi- tive shall also include actual knowledge of by section 4(a)), end-of-life decisionmaking, colon at the end; instructions made while an individual was and available end-of-life and hospice care (B) in subparagraph (D), by striking ‘‘and’’ able to express the wishes of such individual services. In carrying out the preceding sen- after the semicolon at the end; with regard to health care. tence, the Administrator may designate an (C) in subparagraph (E), by striking the pe- ‘‘(ii) For purposes of clause (i), the term existing clearinghouse and 24-hour toll-free riod at the end and inserting ‘‘; and’’; and ‘‘actual knowledge’’ means the possession of telephone hotline or, if no such entity is ap- (D) by inserting after subparagraph (E) the information of an individual’s wishes com- propriate, may establish a new clearinghouse following new subparagraph: municated to the health care provider orally and a 24-hour toll-free telephone hotline.

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00106 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 1, 2002 CONGRESSIONAL RECORD — SENATE S7923 SEC. 6. DEMONSTRATION PROJECT FOR INNOVA- onstration project shall include the fol- program, and SCHIP, together with rec- TIVE AND NEW APPROACHES TO lowing: ommendations for such legislation and ad- END-OF-LIFE CARE FOR MEDICARE, (i) A comparison of the quality of care pro- ministrative actions as the Secretary con- MEDICAID, AND SCHIP BENE- vided by, and of the outcomes for medicare siders appropriate. FICIARIES. beneficiaries, medicaid beneficiaries, and (B) SUMMARY OF RECENT STUDIES.—A report (a) ESTABLISHMENT.— SCHIP beneficiaries, and the families of such submitted under subparagraph (A) shall in- (1) IN GENERAL.—The Secretary, acting beneficiaries enrolled in, the program being through the Administrator of the Centers for clude a summary of any recent studies and evaluated to the quality of care and out- Medicare & Medicaid Services, shall conduct advice from experts in the health care field comes for such individuals that would have a demonstration project under which the regarding the ethical, cultural, and legal resulted if care had been provided under ex- Secretary contracts with entities operating issues that may arise when attempting to isting delivery systems. programs in order to develop new and inno- improve the health care system to meet the (ii) An analysis of how ongoing measures of vative approaches to providing end-of-life needs of individuals with serious and eventu- quality and accountability for improvement ally terminal conditions. care to medicare beneficiaries, medicaid and excellence could be incorporated into beneficiaries, and SCHIP beneficiaries. (C) CONTINUATION OR REPLICATION OF DEM- the program being evaluated. ONSTRATION PROJECTS.—The first report sub- (2) APPLICATION.—Any entity seeking to (iii) A comparison of the costs of the care mitted under subparagraph (A) after the 3- participate in the demonstration project provided to medicare beneficiaries, medicaid shall submit to the Secretary an application year anniversary of the date the Secretary beneficiaries, and SCHIP beneficiaries under implements the demonstration project shall in such form and manner as the Secretary the program being evaluated to the costs of may require. include recommendations regarding whether such care that would have been incurred such demonstration project should be contin- (3) DURATION.—The authority of the Sec- under the medicare program, the medicaid retary to conduct the demonstration project ued beyond the period described in sub- program, and SCHIP if such program had not section (a)(3) and whether broad replication shall terminate at the end of the 5-year pe- been conducted. riod beginning on the date the Secretary im- of any of the programs conducted under the (iv) An analysis of whether the program demonstration project should be initiated. plements the demonstration project. being evaluated implements practices or pro- (b) SELECTION CRITERIA.— (2) REPORT BY END-OF-LIFE CARE ADVISORY cedures that result in improved patient out- BOARD ON DEMONSTRATION PROJECT.— (1) IN GENERAL.—Subject to paragraphs (2) comes, resource utilization, or both. and (3), in selecting entities to participate in (A) IN GENERAL.—Not later than 2 years (v) An analysis of— after the conclusion of the demonstration the demonstration project, the Secretary (I) the population served by the program shall select entities that will allow for pro- project, the End-of-Life Advisory Board shall being evaluated; and submit a report to the Secretary and Con- grams to be conducted in a variety of States, (II) how accurately that population re- in an array of care settings, and that re- gress on such project. flects the total number of medicare bene- (B) CONTENTS.—The report submitted flect— ficiaries, medicaid beneficiaries, and SCHIP (A) a balance between urban and rural set- under subparagraph (A) shall contain— beneficiaries residing in the area who are in (i) an evaluation of the effectiveness of the tings; need of services offered by such program. (B) cultural diversity; and demonstration project; and (vi) An analysis of the eligibility require- (ii) recommendations for such legislation (C) various modes of medical care and in- ments and enrollment procedures for the surance, such as fee-for-service, preferred and administrative actions as the Board con- program being evaluated. siders appropriate. provider organizations, health maintenance (vii) An analysis of the services provided to (f) FUNDING.—There are appropriated such organizations, hospice care, home care serv- beneficiaries enrolled in the program being ices, long-term care, pediatric care, and inte- sums as are necessary for conducting the evaluated and the utilization rates for such demonstration project and for preparing and grated delivery systems. services. (2) PREFERENCES.—The Secretary shall give submitting the reports required under sub- (viii) An analysis of the structure for the section (e)(1). preference to entities operating programs provision of specific services under the pro- (g) DEFINITIONS.—In this section: that— gram being evaluated. (A) will serve medicare beneficiaries, med- (1) DEMONSTRATION PROJECT.—The term (ix) An analysis of the costs of providing ‘‘demonstration project’’ means the dem- icaid beneficiaries, or SCHIP beneficiaries specific services under the program being who are dying of illnesses that are most onstration project conducted under this sec- evaluated. tion. prevalent under the medicare program, the (x) An analysis of any procedures for offer- medicaid program, or SCHIP, respectively; (2) MEDICAID BENEFICIARIES.—The term ing medicare beneficiaries, medicaid bene- ‘‘medicaid beneficiaries’’ means individuals and ficiaries, and SCHIP beneficiaries enrolled in (B) appear capable of sustained service and who are enrolled in the State medicaid pro- the program being evaluated a choice of gram. broad replication at a reasonable cost within services and how the program responds to commonly available organizational struc- (3) MEDICAID PROGRAM.—The term ‘‘med- the preferences of such beneficiaries. icaid program’’ means the health care pro- tures. (xi) An analysis of the quality of care pro- (3) SELECTION OF PROGRAM THAT PROVIDES gram under title XIX of the Social Security vided to, and of the outcomes for, medicare Act (42 U.S.C. 1395 et seq.). PEDIATRIC END-OF-LIFE CARE.—The Secretary beneficiaries, medicaid beneficiaries, and (4) MEDICARE BENEFICIARIES.—The term shall ensure that at least 1 of the entities se- SCHIP beneficiaries, and the families of such lected to participate in the demonstration ‘‘medicare beneficiaries’’ means individuals beneficiaries, that are enrolled in the pro- who are entitled to benefits under part A or project operates a program that provides pe- gram being evaluated. diatric end-of-life care. enrolled for benefits under part B of the (xii) An analysis of any ethical, cultural, medicare program. (c) EVALUATION OF PROGRAMS.— or legal concerns— (1) IN GENERAL.—Each program operated by (5) MEDICARE PROGRAM.—The term ‘‘medi- (I) regarding the program being evaluated; care program’’ means the health care pro- an entity under the demonstration project and shall be evaluated at such regular intervals gram under title XVIII of the Social Secu- (II) with the replication of such program in rity Act (42 U.S.C. 1395 et seq.). as the Secretary determines are appropriate. other settings. (2) USE OF PRIVATE ENTITIES TO CONDUCT (6) SCHIP BENEFICIARY.—The term ‘‘SCHIP (xiii) An analysis of any changes to regula- beneficiary’’ means an individual who is en- EVALUATIONS.—The Secretary, in consultations or of any additional funding that would tion with the End-of-Life Care Advisory rolled in SCHIP. result in more efficient procedures or im- (7) SCHIP.—The term ‘‘SCHIP’’ means the Board (established under section 7), shall proved outcomes under the program being contract with 1 or more private entities to State children’s health insurance program evaluated. under title XXI of the Social Security Act coordinate and conduct the evaluations (d) WAIVER AUTHORITY.—The Secretary (42 U.S.C. 1397aa et seq.). under paragraph (1). Such a contract may may waive compliance with any of the re- (8) SECRETARY.—The term ‘‘Secretary’’ not be awarded to an entity selected to par- quirements of titles XI, XVIII, XIX, and XXI ticipate in the demonstration project. of the Social Security Act (42 U.S.C. 1301 et means the Secretary of Health and Human (3) REQUIREMENTS FOR EVALUATIONS.— seq.; 1395 et seq.; 1396 et seq.; 1397aa et seq.) Services. (A) USE OF OUTCOME MEASURES AND STAND- which, if applied, would prevent the dem- SEC. 7. ESTABLISHMENT OF END-OF-LIFE CARE ARDS.—In coordinating and conducting an onstration project carried out under this sec- ADVISORY BOARD. evaluation of a program conducted under the tion from effectively achieving the purpose (a) ESTABLISHMENT.—There is established demonstration project, an entity shall use of such project. within the Department of Health and Human the outcome standards and measures re- (e) REPORTS TO CONGRESS.— Services an End-of-Life Care Advisory Board quired to be developed under section 2 as (1) ANNUAL REPORTS BY SECRETARY.— (in this section referred to as the ‘‘Board’’). soon as those standards and measures are (A) IN GENERAL.—Beginning 1 year after (b) STRUCTURE AND MEMBERSHIP.— available. the date of enactment of this Act, and annu- (1) IN GENERAL.—The Board shall be com- (B) ELEMENTS OF EVALUATION.—In addition ally thereafter, the Secretary shall submit posed of 15 members who shall be appointed to the use of the outcome standards and to Congress a report on the demonstration by the Secretary of Health and Human Serv- measures under subparagraph (A), an evalua- project and on the quality of end-of-life care ices (in this section referred to as the ‘‘Sec- tion of a program conducted under the dem- under the medicare program, the medicaid retary’’).

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(2) REQUIRED REPRESENTATION.—The Sec- (2) COMPENSATION.—The chairperson of the the Dying I am writing to endorse and sup- retary shall ensure that the following Board may fix the compensation of the exec- port the passage of the ‘‘Compassionate Care groups, organizations, and associations are utive director and other personnel without and Advance Planning Act of 2002’’ Our represented in the membership of the Board: regard to chapter 51 and subchapter III of Board of Directors, staff and membership are (A) An end-of-life consumer advocacy orga- chapter 53 of title 5, United States Code, re- grateful for and applaud your continuing nization. lating to classification of positions and Gen- leadership and deep commitment to improv- (B) A senior citizen advocacy organization. eral Schedule pay rates, except that the rate ing care for people nearing the end of their (C) A physician-based hospice or palliative of pay for the executive director and other lives. care organization. personnel may not exceed the rate payable Partnership for Caring is a national, non- (D) A nurse-based hospice or palliative care for level V of the Executive Schedule under profit organization representing consumers organization. section 5316 of such title. of end-of-life care and their families. Our (E) A hospice or palliative care provider (3) PERSONNEL AS FEDERAL EMPLOYEES.— mission is to encourage individuals to think organization. (A) IN GENERAL.—The executive director about and plan for the type of care they (F) A hospice or palliative care representa- and any personnel of the Board who are em- would like to receive at the end of their jour- tive that serves the veterans population. ployees shall be employees under section 2105 ney and to discuss those plans with their (G) A physician-based medical association. of title 5, United States Code, for purposes of families, friends and physicians. Partnership (H) A physician-based pediatric medical as- chapters 63, 81, 83, 84, 85, 87, 89, and 90 of that makes available to the public Advance Di- sociation. title. rectives specific to each state’s law and edu- (I) A home health-based nurses association. (B) MEMBERS OF BOARD.—Subparagraph (A) cational materials on many aspects of end- (J) A hospital-based or health system- shall not be construed to apply to members of-life care and conversation. We also pro- based palliative care group. of the Board. vide assistance via our 24 hour, toll-free help (K) A children-based or family-based hos- (g) DETAIL OF GOVERNMENT EMPLOYEES.— line, as well as advocacy to improve pallia- pice resource group. Any Federal Government employee may be tive and end-of-life care. (L) A cancer pain management resource detailed to the Board without additional re- The health care systems and reimburse- group. imbursement (other than the employee’ reg- ment mechanisms in America today are the (M) A cancer research and policy advocacy ular compensation), and such detail shall be focus of a great deal of scrutiny, especially group. without interruption or loss of civil service the Medicare, Medicaid and S–CHIP pro- (N) An end-of-life care policy advocacy status or privilege. grams. Unfortunately, the critically impor- group. (h) PROCUREMENT OF TEMPORARY AND tant health care components of palliative (O) An interdisciplinary end-of-life care INTERMITTENT SERVICES.—The chairperson of and end-of-life care too often are overlooked. academic institution. the Board may procure temporary and inter- We thank you and the cosponsors of the leg- (3) ETHNIC DIVERSITY REQUIREMENT.—The mittent services under section 3109(b) of title islation for raising the visibility of this es- Secretary shall ensure that the members of 5, United States Code, at rates for individ- sential aspect of care and for proposing im- the Board appointed under paragraph (1) rep- uals which do not exceed the daily equiva- mediate improvements in our health systems resent the ethnic diversity of the United lent of the annual rate of basic pay pre- as well as research and demonstration States. scribed for level V of the Executive Schedule projects that will inform us about better (4) PROHIBITION.—No individual who is a under section 5316 of such title. ways to care for people in the last phase of Federal officer or employee may serve as a (i) FEDERAL ADVISORY COMMITTEE ACT.— their lives. member of the Board. Section 14 of the Federal Advisory Com- We are particularly pleased about the pro- (5) TERMS OF APPOINTMENT.—Each member mittee Act (5 U.S.C. App.) shall not apply to posal to create an End-of-Life Care Advisory of the Board shall serve for a term deter- the Board. Board to work with CMS and HHS. This pro- mined appropriate by the Secretary. (j) TERMINATION.—The Board shall termi- vision alone will help make certain that any (6) CHAIRPERSON.—The Secretary shall des- nate 90 days after the date on which the federal government proposals to reform ignate a member of the Board as chair- Board submits the report under section Medicare, Medicaid or S–CHIP will have the person. 6(e)(2). informed contributions of experts in the (c) MEETINGS.—The Board shall meet at the (k) FUNDING.—Funding for the operation of fields of palliative and hospice medicine. call of the chairperson but not less often the Board shall be from amounts otherwise Such a Board is vitally important if these than every 3 months. appropriated to the Department of Health programs and other health care laws and reg- (d) DUTIES.— and Human Services. ulations are to adequately address the needs (1) IN GENERAL.—The Board shall advise the of people who are dying. The Board’s diver- Secretary on all matters related to the fur- NATIONAL HOSPICE AND PALLIATIVE sity will help assure that the unique con- nishing of end-of-life care to individuals. CARE ORGANIZATION, cerns of minorities, children and young (2) SPECIFIC DUTIES.—The specific duties of Alexandria, VA, July 31, 2002. adults, various religious and ethnic groups the Board are as follows: Hon. JOHN D. ROCKEFELLER, are heard. Consumers and providers of end- (A) CONSULTING.—The Board shall consult U.S. Senate, of-life care will both have a voice. with the Secretary regarding— Washington, DC. The inclusion of the S–CHIP program in (i) the development of the outcome stand- DEAR SENATOR ROCKEFELLER: The National legislation dealing with end-of-life care de- ards and measures under section 2; Hospice and Palliative Care Organization serves special thanks. While no one likes to (ii) conducting the study and submitting (NHPCO), the nation’s largest and oldest or- think about children dying, about 53,000 chil- the report under section 3; and ganization dedicated to advancing the phi- dren die each year. Research on caring for (iii) the selection of private entities to losophy and practice of hospice care, appre- terminally ill pediatric patients is minimal conduct evaluations pursuant to section ciates the opportunity to continue to work and dying children have been woefully under- 6(c)(2). with you on your proposed draft legislation, served in the areas of pain management and (B) REPORT ON DEMONSTRATION PROJECT.— ‘‘Advance Planning and Compassionate Care hospice care. Mandating that at least one The Board shall submit the report required Act of 2002’’. demonstration project focus on pediatric under section 6(e)(2). We applaud your efforts to address an im- issues is step in the right direction and will (e) MEMBERS TO SERVE WITHOUT COMPENSA- portant health care issue and appreciate benefit thousands of children whose young TION.— your willingness to work with the NHPCO to lives will end too soon. (1) IN GENERAL.—All members of the Board incorporate changes relative to hospice into Medicare beneficiaries have a compelling shall serve on the Board without compensa- the legislation. Specifically, the NHPCO sup- reason to seek improvements in end-of-life tion for such service. ports your efforts to make advance direc- care: everyone who becomes a Medicare ben- (2) TRAVEL EXPENSES.—The members of the tives portable among the states, to study end eficiary will die a Medicare beneficiary. Board shall be allowed travel expenses, in- of life care needs of the general population Today 27% of all Medicare expenditures are cluding per diem in lieu of subsistence, at and to authorize Medicare demonstration spent caring for people in the last year of rates authorized for employees of agencies projects on end of life care. their lives, frequently on costly, unnecessary under subchapter I of chapter 57 of title 5, We look forward to working with you on procedures in hospitals and nursing homes. United States Code, while away from their your legislation. Although hospice care currently accounts for homes or regular places of business in the Sincerely, only 1.3% of all Medicare expenditures that performance of services for the Board. GALEN MILLER, percentage will grow as the baby-boomers (f) STAFF.— Executive Vice President. age and seek a qualitatively different end-of- (1) IN GENERAL.—The chairperson of the life scenario than the ones many of them Board may, without regard to the civil serv- PARTNERSHIP FOR CARING INC., watched their parents and grandparents en- ice laws and regulations, appoint and termi- Washington, DC, July 24, 2002. dure. The demonstration projects authorized nate an executive director and such other ad- Senator JOHN D. ROCKEFELLER IV, by your legislation will allow us to learn ditional personnel as may be necessary to U.S. Senate, more about our choices and become better enable the Board to perform its duties. The Washington, DC. educated consumers of care. employment of an executive director shall be DEAR SENATOR ROCKEFELLER: On behalf of As you will know, caring for an elderly subject to confirmation by the Board. Partnership for Caring: America’s Voices for parent, a sick spouse, or a dying child, can

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00108 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 1, 2002 CONGRESSIONAL RECORD — SENATE S7925 be emotionally, economically, and phys- The National Information Hotline will pro- patient dies in the hospital probably ically draining under any circumstance. As a vide a valuable consumer tool for informa- has more to do with the supply of hos- consumer based organization, Partnership tion about advance directives and end-of-life pital beds than the patient’s needs or for Caring knows first hand how much worse care options. Finally, the mandates for it is for those who have never discussed with preference. standards development, evaluation and dem- The Advance Planning and Compas- their loved ones their wishes for end-of-life onstration projects, as well as coverage pro- care, who do not know what resources are visions, will help fill the inexcusable chasm sionate Care Act is intended to help us available, or who are unaware of palliative in current knowledge, regulation, and fi- improve the way our health care sys- and hospice care and how to access these nancing of end-of-life care under Medicare tem serves patients at the end of their services. Health care providers, too, are and Medicaid. Historically, end-of-life deci- lives. Among other provisions, the bill often caught having to make decisions or sion-making and quality of care have been makes a number of changes to the Pa- talk to family members without benefit of relegated to the shadows of health and long- tient Self-Determination Act of 1990 to knowing their patients’ wishes or alternative term care policy. This Act will help the pub- services in their communities. ‘‘The Compas- facilitate appropriate discussions and lic and policy makers understand the issues individual autonomy in making dif- sionate Care and Advance Planning Act of and options in the light of day. 2002’’ will help educate the pubic and pro- The ABA strongly supports this legisla- ficult discussions about end-of-life viders as well as encourage conversations tion. We commend your leadership in seek- care. For instance, the legislation re- and advance planning. Insuring that each of ing to enhance patient autonomy and end-of- quires that every Medicare beneficiary us can receive the kind of care we would life care, and we stand ready to be a resource receiving care in a hospital or nursing want for ourselves and our loved ones as we in these efforts. facility be given the opportunity to near death should be a priority concern as Sincerely, discuss end-of-life care and the prepa- these programs look to the future. ROBERT D. EVANS. ration of an advanced directive with an Again, our thanks to you and all of the Ms. COLLINS. Mr. President, I am senators who join in supporting this bill. In- appropriately trained professional suring that each of us can receive the kind of pleased to be joining my colleague within the institution. The legislation care we want for ourselves and our loved from West Virginia, Senator ROCKE- also requires that if a patient has an ones as we near death should be a national FELLER, in introducing the Advance advanced directive, it must be dis- priority as we look to the future of health Planning and Compassionate Care Act, played in a prominent place in the care. We at Partnership for Caring will be which is intended to improve the way medical record so that all the doctors working with you and our partner organiza- we care for people at the end of their tions to assure passage of the ‘‘Compas- and nurses can clearly see it. lives. In addition, the legislation author- sionate Care Act’’ and, more importantly, to Noted health economist, Uwe assure better quality care for all our loved izes the Department of Health and ones and for ourselves. Reinhardt, once observed that ‘‘Ameri- Human Services to study end-of-life Sincerely, cans are the only people on earth who issues and also to develop demonstra- KAREN ORLOFF KAPLAN, believe that death is negotiable.’’ Ad- tion projects to develop models for end- President and CEO. vancements in medicine, public health, of-life care for Medicare, Medicaid, and and technology have enabled more and State Child Health Insurance Program, AMERICAN BAR ASSOCIATION more of us to live longer and healthier S–CHIP, patients. The Institute of GOVERNMENTAL AFFAIRS OFFICE, lives. However, when medical treat- Washington, DC, July 29, 2002. Medicine recently released a report ment can no longer promise a continu- Hon. JOHN D. ROCKEFELLER IV, that concluded that we need to im- U.S. Senate, Hart Office Building, ation of life, patients and their fami- prove palliative and end-of-life care for Washington, DC. lies should not have to fear that the children with terminal illnesses. Ac- DEAR SENATOR ROCKEFELLER: On behalf of process of dying will be marked by pre- cording to the report, far too often the American Bar Association, I am writing ventable pain, avoidable distress, or children with fatal or potentially fatal to commend you and your co-sponsors for in- care that is inconsistent with their val- conditions and their families fail to re- troducing the Advance Planning and Com- ues or wishes. passionate Care Act of 2002. This legislation ceive competent, compassionate, and takes several important steps beyond the The fact is, dying is a universal expe- consistent care that meets their phys- 1990 Patient Self-Determination Act (PSDA) rience, and it is time to re-examine ical, emotional, and spiritual needs. which introduced the term ‘‘Advance Direc- how we approach death and dying and Our legislation therefore requires that tive’’ to the American vernacular. The how we care for people at the end of at least one of these demonstrations American Bar Association supported the en- their lives. Clearly, there is more that focus particularly on pediatric end-of- actment of the PSDA and has continued to we can do to relieve suffering, respect life care. encourage greater access to the tools of ad- personal choice and dignity, and pro- Finally, the legislation establishes a vance planning, greater uniformity and port- vide opportunities for people to find ability of advance directives, and greater re- telephone hotline to provide consumer sponsiveness to the needs of patients in meaning and comfort at life’s conclu- information and advice concerning ad- health care systems at all stages of life, in- sion. vance directives, end-of-life issues, and cluding end-of-life care. Unfortunately, most Medicare pa- medical decisionmaking and also es- The Advance Planning and Compassionate tients and their physicians do not cur- tablishes an End-of-Life Care Advisory Care Act takes several modest but vital rently discuss death or routinely make Board to assist the Secretary of Health steps towards these goals. Under its provi- advance plans for end-of-life care. As a and Human Services in developing out- sions there will be an opportunity to discuss result, about one-fourth of Medicare come standards and measures to evalu- advance directives with an appropriately funds are now spent on care at the end trained individual upon admission to a ate end-of-life care programs and health care facility, which will help trans- of life that is geared toward expensive, projects. form the existing paper-disclosure require- high-technology interventions and The legislation we are introducing ment into a meaningful vehicle for discus- ‘‘rescue’’ care. While most Americans today is particularly important in sion and understanding. This will do much to say they would prefer to die at home, light of the debate on physician-as- combat the misperception that advance studies show that almost 80 percent die sisted suicide. The desire for assisted planning means merely signing a form. Good in institutions where they may be in suicide is generally driven by concerns advance planning is, in essence, good com- pain, and where they are subjected to about the quality of care for the termi- munication, not mere form-drafting. The portability and research mandates high-tech treatments that merely pro- nally ill; by the fear of prolonged pain, concerning advance directives are seriously long suffering. loss of dignity and emotional strain on needed to move public policy beyond the cur- Moreover, according to a Dartmouth family members. Such worries would rent Balkanization of legal formalities that study conducted by Dr. Jack recede and support for assisted suicide characterizes current advance-directive law. Wennberg, where a patient lives has a would evaporate if better palliative In addition, the mandate to examine the fea- direct impact on how that patient dies. care and more effective pain manage- sibility and desirability of creating a uni- The study found that the amount of ment were widely available. form advance directive will generate much- medical treatment Americans receive Patients and their families should be needed fresh thinking on the strategies that may best encourage advance planning. in their final months varies tremen- able to trust that the care they receive Sadly, twelve years after the PSDA, the ma- dously in the different parts of the at the end of their lives is not only of jority of adults still avoid the necessary task country, and it concluded that the de- high quality, but also that it respects of planning for end-of-life decision-making. termination of whether or not an older their desires for peace, autonomy, and

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00109 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7926 CONGRESSIONAL RECORD — SENATE August 1, 2002 dignity. The Advanced Planning and will allow for a greater number of the ‘‘CHIP Dip,’’ this reduction has no Compassionate Care Act that Senator moorings in the harbor without inter- underlying health policy justification; ROCKEFELLER and I are introducing fering with navigation and will further it was solely the result of the budget today will give us some of the tools improve the City’s revitalization ef- compromises we had to make when en- that we need to improve care of the forts for the harbor area. acting the balanced budget deal in 1997. dying in this country, and I urge all of I have worked with the New England As a result, a number of states will my colleagues to join us as cosponsors. Division of the Corps to draft these have insufficient federal funding to bills and the language has been ap- sustain their enrollment and they will By Ms. SNOWE (for herself and proved by Army Corps Headquarters in have no choice but to scale back or Ms. COLLINS): Washington. I look forward to working limit their CHIP programs. As enroll- S. 2858. A bill to modify the project with my colleagues for their passage, ment is cut, the number of uninsured for navigation, Union River, Maine; to either as stand alone bills or as sepa- children will increase, and as a con- the Committee on Environment and rate provisions in the Corps reauthor- sequence, sick children will get sicker. Public Works. ization bill, the Water Resources De- The biggest problem that will result velopment Act of 2002, that Congress is from enrollment cuts in the CHIP pro- By Ms. SNOWE (for herself and currently drafting. gram are the future health problems of Ms. COLLINS): adults who as children could have re- S. 2859. A bill to deauthorize the By Mr. ROCKEFELLER (for him- ceived benefits under CHIP. Yet, even project for navigation, Northeast Har- self, Mr. CHAFEE, Mr. KENNEDY, as states face this funding shortfall, bor, Maine; to the Committee on Envi- and Mr. HATCH): under federal rules, nearly $3 billion in ronment and Public Works. S. 2860. A bill to amend title XXI of federal CHIP funding is scheduled to Ms. SNOWE. Mr. President, I intro- the Social Security Act to modify the expire and revert back to the Treasury duce two bills for harbors in Maine, one rules for redistribution and extended over the next two years. If Congress to deauthorize the Federal Navigation availability of fiscal year 2000 and sub- does not act, in order to maintain our Project in Northeast Harbor, and the sequent fiscal year allotments under current enrollment levels, West Vir- second to redesignate the Upper Basin the State children’s health insurance ginia will run out of CHIP funding in of the Union River Federal Naviga- program, and for other purposes; to the 2005. tional Channel as an anchorage. The Committee on France. We cannot allow this to happen. We bills, cosponsored by Senator COLLINS, Mr. ROCKEFELLER. Mr. President, I need a comprehensive and reasonable will help strengthen the economic via- introduce a bill that will improve and approach to shore up CHIP financing in bility of these two popular Maine har- protect health insurance for our na- order to avert the devastating enroll- bors. tion’s children. The Children’s Health ment decline and make sure that our Because of changing harbor usage Improvement and Protection Act of children are protected into the future. over the last 45 years, the Town of 2002, CHIP Act, brings us back to the This legislation will extend the life of Mount Desert has requested that basics of health care—the fundamental the expiring funds and fully restore Northeast Harbor be withdrawn from philosophy that no child should go CHIP funding to the pre- ‘‘dip’’ levels. the Federal Navigation Project. This without needed health care. I’m This legislation will provide West Vir- removal will allow the town to adapt pleased to be joined by my good friends ginia with $117 million over the 2004– to the high demand for moorings and Senator CHAFEE and Senator KENNEDY 2012 period allowing them to strength- will allow residents to obtain moorings to introduce the Children’s Health In- en and protect children’s access to in a more timely manner. The Harbor surance Improvement and Protection health care. has now reached capacity for both Act of 2002. I urge Congress to enact this legisla- moorings and shoreside facilities and Established in 1997 to reduce the tion and ensure the continued success has a waiting list of over sixty people number of uninsured children, the Chil- of the CHIP program and sustain the along with commercial operators who dren’s Health Insurance Program has significant progress CHIP has made in have been waiting for years to obtain a been an unqualified success. Last year, reducing the ranks of uninsured chil- mooring for their commercial vessels. 4.6 million children were enrolled in dren. Mr. President I ask unanimous The Harbor was authorized in 1945 CHIP and the percentage of children consent that the full text of the bill be and constructed in 1954 as a mixed-use without health insurance has declined printed in the RECORD. commercial fishing/recreational boat- in recent years. In my state of West There being no objection, the bill was ing harbor—and it still is today. It was Virginia, the CHIP program provides ordered to be printed in the RECORD, as dredged in the early 1950s to provide health coverage to over 20,000 children. follows: more space for recreational boating Health insurance coverage is key to as- S. 2860 and the U.S. Army Corps of Engineers suring children’s access to appropriate Be it enacted by the Senate and House of Rep- has informed the town that Northeast and adequate health care, including resentatives of the United States of America in Harbor would be very low on its dredg- preventive services. Research dem- Congress assembled, ing priority list as it has become pri- onstrates that uninsured children are SECTION 1. SHORT TITLE. marily a recreational harbor. The town more likely to lack a usual source of This Act may be cited as the ‘‘Children’s says it realizes that, once it is no care, to go without needed care, and to Health Improvement and Protection Act of longer part of the Federal Navigational experience worse health outcomes than 2002’’. SEC. 2. CHANGES TO RULES FOR REDISTRIBU- Project, any further dredging within children with coverage. Uninsured chil- TION AND EXTENDED AVAILABILITY the harbor would be carried out at dren who are injured are 30 percent less OF FISCAL YEAR 2000 AND SUBSE- town expense. likely than insured children to receive QUENT FISCAL YEAR ALLOTMENTS. The language will not only allow for medical treatment and three times Section 2104(g) of the Social Security Act more recreational moorages and com- more likely not to get a needed pre- (42 U.S.C. 1397dd(g)) is amended— (1) in the subsection heading— mercial activities, it will also be an scription. (A) by striking ‘‘AND’’ after ‘‘1998’’ and in- economic boost to Northeast Harbor, However, the continued success of serting a comma; and which is surrounded by Acadia Na- the CHIP program is now in serious (B) by inserting ‘‘, AND 2000 AND SUBSEQUENT tional Park, one of the nation’s most jeopardy. The Bush Administration FISCAL YEAR’’ after ‘‘1999’’; visited parks—both by land and by projects that 900,000 children will lose (2) in paragraph (1)— water. their health coverage between fiscal (A) in subparagraph (A)— My second bill supports the City of years 2003 and 2006, if Congress does not (i) in the matter preceding clause (i)— Ellsworth’s efforts to revitalize the take appropriate action. This is be- (I) by inserting ‘‘or for fiscal year 2000 by Union River navigation channel, har- cause even as state enrollment and the end of fiscal year 2002, or allotments for fiscal year 2001 and subsequent fiscal years bor, and shoreline. The modification spending rapidly increases, federal by the end of the last fiscal year for which called for in my legislation will redes- CHIP funding dropped by more than $1 such allotments are available under sub- ignate a portion of the Union River as billion this year and will be reduced in section (e), subject to paragraph (2)(C)’’ after an anchorage area. This redesignation each of the next two years. Known as ‘‘2001,’’; and

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00110 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 1, 2002 CONGRESSIONAL RECORD — SENATE S7927 (II) by striking ‘‘1998 or 1999’’ and inserting amounts that would otherwise be redistrib- SEC. 4. RESTORATION OF SCHIP FUNDING FOR ‘‘1998, 1999, 2000, or subsequent fiscal year’’; uted under paragraph (1) exceed 60 percent of FISCAL YEARS 2003 AND 2004. (ii) in clause (i)— the total amount available for redistribution (a) IN GENERAL.—Paragraphs (6) and (7) of (I) in subclause (I), by striking ‘‘or’’ at the under subsection (f) for the fiscal year, the section 2104(a) of the Social Security Act (42 end; amount remaining available for expenditure U.S.C. 1397dd(a)) are amended by striking (II) in subclause (II), by striking the period by the State under subparagraph (A) for such ‘‘$3,150,000,000’’ each place it appears and in- and inserting a semicolon; and fiscal years shall be— serting ‘‘$4,275,000,000’’. (III) by adding at the end the following: ‘‘(i) the amount equal to— (b) ADDITIONAL ALLOTMENT TO TERRI- ‘‘(III) the fiscal year 2000 allotment, the ‘‘(I) 40 percent of the total amount avail- TORIES.—Section 2104(c)(4)(B) of the Social amount by which the State’s expenditures able for redistribution under subsection (f) Security Act (42 U.S.C. 1397dd(c)(4)(B)) is under this title in fiscal years 2000, 2001, and from the allotments for the applicable fiscal amended by striking ‘‘$25,200,000 for each of 2002 exceed the State’s allotment for fiscal year; multiplied by fiscal years 2002 through 2004’’ and inserting year 2000 under subsection (b); ‘‘(II) the ratio of the amount of such ‘‘$25,200,000 for fiscal year 2002, $34,200,000 for ‘‘(IV) the fiscal year 2001 allotment, the State’s unexpended allotment for that fiscal each of fiscal years 2003 and 2004’’. amount by which the State’s expenditures year to the total amount available for redis- Mr. CHAFEE. Mr. President, I am under this title in fiscal years 2001, 2002, and tribution under subsection (f) from the allot- pleased to join Senator ROCKEFELLER 2003 exceed the State’s allotment for fiscal ments for the fiscal year.’’; and in introducing the Children’s Health year 2001 under subsection (b); or (4) in paragraph (3), by adding at the end ‘‘(V) the allotment for any subsequent fis- Improvement and Protection Act of the following: ‘‘For purposes of calculating cal year, the amount by which the State’s 2002. the amounts described in paragraphs (1) and expenditures under this title in the period The Children’s Health Improvement (2) relating to the allotment for any fiscal such allotment is available under subsection year after 1999, the Secretary shall use the and Protection Act of 2002 will finally (e) exceeds the State’s allotment for that fis- amount reported by the States not later provide long-term stability to the cal year under subsection (b).’’; and State Children’s Health Insurance Pro- (iii) in clause (ii), by striking ‘‘1998 or 1999 than November 30 of the applicable calendar allotment’’ and inserting ‘‘1998, 1999, 2000, or year on HCFA Form 64 or HCFA Form 21, as gram. While SCHIP has been extremely subsequent fiscal year allotment’’; approved by the Secretary.’’. successful at enrolling and insuring (B) in subparagraph (B)— SEC. 3. ESTABLISHMENT OF CASELOAD STA- low-income and uninsured children (i) in the matter preceding clause (i), by BILIZATION POOL AND ADDITIONAL since its inception in 1997, the contin- striking ‘‘with respect to fiscal year 1998 or REDISTRIBUTION OF ALLOTMENTS. ued success of this program is in ques- 1999’’; Section 2104 of the Social Security Act (42 tion. In fact, it is estimated that al- (ii) in clause (ii)— most a million children will lose their (I) by inserting ‘‘with respect to fiscal year U.S.C. 1397dd) is amended by adding at the 1998 or 1999,’’ after ‘‘subsection (e)’’; and end the following: SCHIP coverage over the next three years if a legislative remedy is not (II) by striking ‘‘and’’ at the end; ‘‘(h) REDISTRIBUTION OF CASELOAD STA- signed into law to prevent this from (iii) by redesignating clause (iii) as clause BILIZATION POOL AMOUNTS.— (iv); and ‘‘(1) ADDITIONAL REDISTRIBUTION TO STA- happening. (iv) by inserting after clause (ii), the fol- BILIZE CASELOADS.— When SCHIP was created by the Bal- lowing: ‘‘(A) IN GENERAL.—With respect to fiscal anced Budget Act of 1997, states were ‘‘(iii) notwithstanding subsection (e), with year 2003 and any subsequent fiscal year, the given their annual SCHIP allotment respect to fiscal year 2000 or any subsequent Secretary shall redistribute to an eligible based on the number of uninsured and fiscal year, shall remain available for ex- State (as defined in subparagraph (B)) the penditure by the State through the end of low-income children in each state. Ac- amount available for redistribution to the the fiscal year in which the State is allotted cording to the Centers for Medicare State (as determined under subparagraph a redistribution under this paragraph; and’’; and Medicaid Services, these state al- (C)) from the caseload stabilization pool es- (3) in paragraph (2)— tablished under paragraph (3). lotments range from $3.5 million for (A) in the paragraph heading, by striking ‘‘(B) DEFINITION OF ELIGIBLE STATE.—For Vermont to $855 million for California. ‘‘1998 AND 1999’’ and inserting ‘‘1998, 1999, 2000, purposes of subparagraph (A), an eligible While the percentage of children with- AND SUBSEQUENT FISCAL YEAR’’; (B) in subparagraph (A), by adding at the State is a State whose total expenditures out health insurance has declined over end the following: under this title through the end of the pre- the past couple of years due to these ‘‘(iii) FISCAL YEAR 2000 ALLOTMENT.—Of the vious fiscal year exceed the total allotments allotments, the SCHIP allotments for amounts allotted to a State pursuant to this made available to the State under subsection all states are 26 percent lower for Fis- section for fiscal year 2000 that were not ex- (b) or subsection (c) (not including amounts cal Years 2002, 2003, and 2004. Each of pended by the State by the end of fiscal year made available under subsection (f)) through these years results in a decline of $1 the previous fiscal year. 2002, the amount specified in subparagraph billion for state SCHIP allotments. ‘‘(C) AMOUNT OF ADDITIONAL REDISTRIBU- (B) for fiscal year 2000 for such State shall This phenomenon is known as the remain available for expenditure by the TION.—For purposes of subparagraph (A), the State through the end of fiscal year 2003. amount available for redistribution to a ‘‘CHIP-Dip.’’ There was no hidden pol- ‘‘(iv) FISCAL YEAR 2001 ALLOTMENT.—Of the State under subparagraph (A) is equal to— icy agenda behind this steady decline amounts allotted to a State pursuant to this ‘‘(i) the ratio of the State’s allotment for in funding; it was based on a lack of section for fiscal year 2001 that were not ex- the previous fiscal year under subsection (b) federal funding for SCHIP at the time pended by the State by the end of fiscal year or subsection (c) to the total allotments this program was enacted. 2003, the amount specified in subparagraph made available under such subsections to eli- In addition, BBA gave states only (B) for fiscal year 2001 for such State shall gible States as defined under subparagraph three years to roll-over unexpended remain available for expenditure by the (A) for the previous fiscal year; multiplied State through the end of 2004. by funds before these funds are given back ‘‘(v) SUBSEQUENT FISCAL YEAR ALLOT- ‘‘(ii) the total amounts available in the to the federal treasury for redistribu- MENTS.—Of the amounts allotted to a State caseload stabilization pool established under tion to other states that have used up pursuant to this section for any fiscal year paragraph (3). their entire allotments. According to after 2001, that were not expended by the ‘‘(2) PERIOD OF AVAILABILITY.—Amounts re- the Department of Health and Human State by the end of the last fiscal year such distributed under this subsection shall re- Services, a total of $3.2 billion in fed- amounts are available under subsection (e), main available for expenditure by the State eral SCHIP funds is scheduled to expire the amount specified in subparagraph (B) for through the end of the fiscal year in which and revert to Treasury over the next that fiscal year for such State shall remain the State receives any such amounts. two years. available for expenditure by the State ‘‘(3) CASELOAD STABILIZATION POOL.—For through the end of the fiscal year following purposes of making a redistribution under These funding inadequacies not only the last fiscal year such amounts are avail- paragraph (1), the Secretary shall establish a create instability in the program, but able under subsection (e).’’; caseload stabilization pool that includes the they pose negative consequences for (C) in subparagraph (B), by striking ‘‘The’’ following amounts: each state over the long-haul due to and inserting ‘‘Subject to subparagraph (C), ‘‘(A) Any amount made available to a the uncertainty of federal commitment the’’; State under subsection (g) but not expended to SCHIP. The likely result will be (D) by redesignating subparagraph (C) as within the periods required under subpara- that states will either have to cap en- subparagraph (D); and graphs (g)(1)(B)(ii), (g)(1)(B)(iii), or (g)(2)(A). (E) by inserting after subparagraph (B), the ‘‘(B) Any amount made available to a rollment in their SCHIP programs, following: State under this subsection but not expended push children out of their programs, or ‘‘(C) FLOOR FOR FISCAL YEARS 2000 AND 2001.— within the period required under paragraph scale back benefits to make up for For fiscal years 2000 and 2001, if the total (2).’’. these budget shortfalls. The end result

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00111 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7928 CONGRESSIONAL RECORD — SENATE August 1, 2002 will be that children who once had ac- community in America. Last year, over addresses this issue, thousands of chil- cess to health insurance will no longer 4.5 million children received health in- dren may risk losing their health in- get the care they need. surance through either Children’s surance coverage. CHIP has proven to Our bill will remedy these funding Health Insurance Program or through be an enormously popular program, problems. It will do so by fixing the Medicaid expansions under the CHIP which has provided much needed health ‘‘CHIP-Dip’’ and by extending the life program. Last year, 105,000 children in insurance to literally millions of low- of expiring funds to states that need Massachusetts were covered through income children. It helps the poorest of the assistance to take care of funding these programs, and many other states the poor families who are not Med- shortfalls. This legislation is crucial to have had similar successes. icaid-eligible. my state of Rhode Island. Without this Despite the clear evidence that We cannot afford to stand back now legislative remedy, Rhode Island is set health insurance provides children and watch those efforts be undermined to run out of SCHIP funds by FY 2004. with a healthier start, funding cuts to because of funding problems that Con- At 4.5 percent, Rhode Island currently the CHIP program of more than $1 bil- gress should correct. That is the in- has the lowest uninsured rate of any lion this year and each of the next two tent, as I understand it, of the Rocke- state in the nation for children. This years puts the gains we have made in feller-Chafee bill. bill will enable Rhode Island to con- insuring children at risk. This ‘‘CHIP As most of my colleagues are aware, tinue offering health coverage to this dip’’ is a result of the budget con- when CHIP was established in 1997, vulnerable population. straints when CHIP was enacted in 1997 Congress committed $20 billion over I urge my colleagues to join Senator as part of the Balanced Budget Act. five years and a total of $40 billion over ROCKEFELLER and me in supporting This funding cut comes at the same 10 years for the program. For each fis- this important legislation. It is a cru- time enrollment in the program is ris- cal year 1999 through 2001, Congress al- cial step in ensuring that our nation’s ing and will cause 900,000 children to located $4.3 billion; yet for the fiscal children will have long-term access to lose the health insurance they have years 2002 through 2004, Congress allo- quality health insurance. today through CHIP. cated $3 billion per year for CHIP pro- Mr. KENNEDY. Mr. President, I am While states are facing a drop in grams. This so-called ‘‘CHIP’’ dip may pleased to introduce the Children’s funding that will cause them to drop reduce funding levels in States that are Health Improvement and Protection insured children, almost $3 billion in just beginning to ramp up their pro- Act today, along with my good friends unspent CHIP funds will be lost if we grams. Senator ORRIN HATCH, Senator JAY do nothing. CHIP funds must be spent I am concerned that while States will ROCKEFELLER, and Senator LINCOLN within three years of allocation. Be- have some unspent CHIP moneys avail- CHAFEE. This bill will provide needed cause of a mismatch between the time able to them, that those funds still funding to keep children enrolled in unspent funds were reallocated to the might not be enough to address the the Children’s Health Insurance Pro- states and when the states needed the ‘‘CHIP dip’’ and the expanding CHIP gram and to allow the program to funds, some states will not be able to population. We need to deal with this grow. Without this legislation, hun- use all of their CHIP funds within the issue and we need to deal with the dreds of thousands of children will lose allocation period. nearly $3 billion in federal CHIP mon- their CHIP coverage and rejoin the It makes no sense to have funds ex- eys scheduled to revert back to the pire and revert to the Treasury when ranks of the uninsured. Treasury in fiscal year 2002 and 2003. Monday is the fifth anniversary of we know states will be facing a funding My cosponsorship of this legislation the Children’s Health Insurance Pro- drop that will cause them to cut chil- reflects my commitment to address gram. Senator HATCH and I have dren from their programs. One of this these issues, although I recognize that worked together on many proposals, nation’s most fundamental guarantees there are a number of issues associated but none has had more lasting benefit should be that every child has the op- with this legislation that will need to for millions of American children than portunity to succeed in life. But that be worked out. I accept the assurances our legislation to create CHIP. We first commitment rings hollow if children of my fellow cosponsors that they will proposed CHIP after we became acutely are doomed to a lifetime of disability work with me to address those issues aware of the health defects facing chil- and illness because they lack needed as the bill moves forward in the Fi- dren and the need to assure that every health care in their early years. nance Committee. child got a healthy start in life. Before That is why we are introducing the Let me also add that I am aware that we passed CHIP, 500,000 children with Children’s Health Insurance Program. many of my colleagues have additional asthma never saw a doctor. Another This bill will allow states to maintain policy issues regarding the CHIP pro- 600,000 children with earaches and and expand their CHIP programs. It gram that they feel should be ad- 600,000 with sore throats never received lets states keep a portion of their dressed. Know I do. I am particularly medical care. unspent funds that would otherwise ex- A sick child can’t learn. A child who pire. It also establishes a new caseload concerned by recent legislation, ap- can’t hear the teacher can’t learn. A stabilization pool with funds that proved by the Finance Committee, child who can’t see the doctor when would otherwise expire. The pool will which would extend coverage under the they’re sick can’t learn. That’s why un- direct unspent funds to states that are CHIP program to pregnant women. insured children are more likely to fall expected to use up all their CHIP Now, I wholeheartedly support pro- behind or drop out of school altogether. funds. Finally, the bill provides addi- viding expectant mothers health care We also became aware of the ravages tional CHIP funding for fiscal years assistance. But, I believe that before of smoking on health, and that the key 2003 and 2004 so that CHIP enrollment we extend coverage under CHIP to any to addressing this problem was to dis- can be maintained and expanded. This adult, States need to demonstrate that courage children from starting to legislation will move us one important they are covering, to the greatest ex- smoke. In my own state of Massachu- step closer to fulfilling the promise tend possible, all eligible children. setts, there had been a very successful that no child in America will be left The CHIP program is one of my campaign to raise money to expand behind because of inadequate health proudest accomplishments. I want to children’s health coverage by raising care coverage. continue to maintain the integrity of the cigarette tax. This united anti-to- I urge my colleagues to support this this program. The only purpose of bacco activists and child health advo- important legislation. CHIP was to extend access to health in- cates. Mr. HATCH. Mr. President, today, surance to poor kids. As one of the So Senator HATCH and I decided that Senators ROCKEFELLER, CHAFEE, KEN- prime authors of the legislation, I can the winning, fiscally responsible, right NEDY, and I are introducing legislation assure my colleagues that it was not health policy approach was to develop to make certain that States have ade- our intent that the program be ex- a major expansion of children’s health quate funding for the Children’s Health panded to address the entire problem of insurance and finance it with an in- Insurance Program, otherwise known health care for the uninsured a piece at crease in the tobacco tax. as CHIP. a time. Covering the uninsured is a And what a success CHIP has been. I cosponsor this legislation to reflect worthy goal and one which we need to This legislation has touched every my concern that, unless the Congress address, but that was not the purpose

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00112 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 1, 2002 CONGRESSIONAL RECORD — SENATE S7929 of CHIP. We were dealing with a special local fire officials in training and re- measurement techniques and testing problem: the up to 10 million children sponse to a terrorist attack or a na- methodologies for new firefighting who did not have access to health in- tional emergency; and authorize the equipment. These new techniques and surance. We ought not lose sight of National Fire Academy to offer train- methodologies will act as a scientific this. I am confident we can come to an ing to improve the ability of fire- basis for the development of voluntary agreement on measures to ensure that fighters to respond to events such as consensus standards. This bill would needy children receive the health care the tragedy of September 11, 2001. allow the Federal government to co- they deserve and thus I am pleased to The purpose of this legislation is to operate with the private sector in de- join with my colleagues today. act upon some of the lessons learned veloping the basic uniform perform- from the tragic terrorist attacks of ance criteria and technical standards By Mr. INHOFE: September 11, 2001, and address other to ensure that effectiveness and com- S. 2861. A bill to empower States with problems faced by the fire services. On patibility of these new technologies. authority for most taxing and spending September 11, the New York City fire Many issues regarding coordination for highway programs and mass transit fighters and emergency service per- surfaced on September 11. Titan Sys- programs, and for other purposes; to sonnel acted with great heroism in self- tems Corporation recently issued an the Committee on Finance. lessly rushing to the World Trade Cen- after-action report, on behalf of the Mr. INHOFE. Mr. President; I intro- ter and saving the lives of many Amer- fire department of Arlington County, duce The Transportation Empower- icans. Tragically, 343 firefighters and VA, which highlighted problems be- ment Act which will allow states to EMS technicians paid the ultimate tween the coordination of Washington keep a majority of the federal gas tax price in the service of their country. D.C., and Arlington County fire depart- dollars raised in their state. Similar to While we strive to prevent any future ments. The report also cited the confu- legislation introduced by our former attack in the United States, it is our sion caused by a large influx of self-dis- colleague Connie Mack, ‘‘The Trans- duty to ensure that we are adequately patched volunteers, and increased risk portation Empowerment Act’’ restores prepared for any future catastrophic faced by the ‘‘bonafide responders.’’ to states and local communities the act of terrorism. In addition, we must These conclusions are consistent with ability to make their own transpor- recognize that many of the prepara- an article by the current U.S. Fire Ad- tation decisions without the inter- tions we make to improve the response ministrator, R. David Paulison, in the ference of Washington. to national emergencies will also pre- June 1993 issue of Fire Chief magazine, This proposal is very straight- pare our firefighters for their everyday where he described being overwhelmed forward. It streamlines the federal-aid role in protecting our families and by the number of uncoordinated volun- highway program into four core areas: homes. teer efforts that poured into Florida Interstate, Federal Lands, Safety and Today’s firefighters use a variety of after Hurricane Andrew. Additionally, Research. The proposed bill provides technologies including thermal imag- many fire officials and the General Ac- for continued general fund support for ing equipment, devices for locating counting Office have highlighted the transit grants and authorizes states to firefighters and victims, and state-of- duplicative nature of many Federal enter into multi state compacts for the-art protective suits to fight fires, programs and the need for better co- planning and financing regional trans- clean up chemical or hazardous waste ordination between federal, state, and portation needs. spills, and contend with potential ter- local officials. The federal tax is kept in place for a rorist devices. The Federal govern- The bill also seeks to address these four-year transition period, beginning ment’s Firefighter Investment and Re- problems by directing the U.S. Fire Ad- in FY04. After funding the core pro- sponse Enhancement, FIRE, program is ministrator to work with state and grams and paying off outstanding bills, authorized for $900 million this year to local fire service officials to establish the balance is returned to the states in assist local fire departments in pur- nationwide and state mutual aid sys- a block grant. At the end of the transi- chasing this high-tech equipment. It is tems for responding to national emer- tion period, in FY07, the federal tax is important that the American tax- gencies. These mutual aid plans would reduced to two cents per gallon. payers’ money is used for effective new include collection of accurate asset and I have long believed that the best de- equipment that will protect our local resource information to ensure that cisions are those made at the local communities. local fire services could work together level. Unfortunately, many of the Unfortunately, there are no uniform to deploy equipment and personnel ef- transportation choices made by cities technical standards for this new equip- fectively during an emergency. This and states are governed by federal ment for combating fires. Without such legislation would also establish the rules and regulations. This bill returns standards, local fire companies may U.S. Fire Administrator as the primary to states the responsibility and re- purchase equipment that does not sat- point of contact within the Federal sources to make their own transpor- isfy their needs, or even purchase government for state and local fire- tation decisions. faulty equipment. For example, Mont- fighting units, in order to ensure great- gomery County, MD, spent $40,000 on er Federal coordination and interface By Mr. McCAIN (for himself, Mr. ‘‘Level B’’ protective suits that they with state and local officials in pre- HOLLINGS, Ms. CANTWELL, and cannot use, because these suits have paring and responding to terrorist at- Mr. BIDEN): ‘‘booties’’ that are not compatible with tacks, hurricanes, earthquakes, or S. 2862. A bill to provide for the es- the firefighter’s boots. Currently, local other national emergencies. In addi- tablishment of a scientific basis for fire departments also have problems tion, the bill would direct the U.S. Fire new firefighting technology standards, using each other’s fire hoses and air Administrator to report on the need for improve coordination among Federal, bottles for self-contained breathing a strategy for deploying volunteers, in- State, and local fire officials in train- apparatuses because of inconsistent cluding the use of a national ing for and responding to terrorist at- equipment standards. It is important credentialing system. Currently, there tacks and other national emergencies, that new equipment performs properly is a system for credentialing volun- and for other purposes; to the Com- and is compatible with older equip- teers to fight wildfires that has proven mittee on Commerce, Science, and ment. effective, and the development of a Transportation. This bill seeks to address the need for similar system may prevent some of Mr. MCCAIN. Mr. President, I am new equipment standards by estab- the confusion that occurred at the pleased to be joined by Senators HOL- lishing a scientific basis for voluntary World Trade Center and Pentagon on LINGS, CANTWELL, and BIDEN in intro- consensus standards. It would author- September 11. ducing the Firefighting Research and ize the U.S. Fire Administrator to Finally, the bill would improve the Coordination Act. This legislation work with the National Institute of training of state and local firefighters. would provide for the establishment of Standards and Technology, the Inter- The bill would authorize the National the scientific basis for new firefighting Agency Board for Equipment Standard- Fire Academy to offer courses in build- technology standards; improved coordi- ization and Inter-Operability, and ing collapse rescue; the use of tech- nation between Federal, state, and other interested parties to establish nology in response to fires caused by

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00113 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7930 CONGRESSIONAL RECORD — SENATE August 1, 2002 terrorist attacks and other national alleled the migration of American life past. By teaching the blues, promoting emergencies; leadership and strategic from a rural, agricultural society to an the blues, and celebrating the blues, we skills including integrated manage- urban industrialized nation. The blues can ensure that the rich culture and ment systems operations; deployment has also left an indelible impression on heritage of our forefathers will always of new technology for fighting forest other forms of music with its influence live on. I urge my colleagues to support and wild fires; fighting fires at ports; heard in jazz, rock and roll, rhythm this resolution. and other courses related to tactics and blues, country, and even classical There being no objection, the mate- and strategies for responding to ter- music. Despite these facts, though, rial was ordered to be printed in the rorist incidents and other fire services’ many young people today do not under- RECORD, as follows: needs. stand the rich heritage of the blues or AUGUST 1, 2002. This bill would also direct the U.S. recognize its impact on our nation and Hon. JOHN MCCAIN, our world. Senate Commerce Committee, Fire Administrator to coordinate the Washington, DC. National Fire Academy’s training pro- That is why I am delighted to intro- DEAR SENATOR MCCAIN: The tragic events grams with the Attorney General, Sec- duce this resolution and participate in of September 11th certainly underscored the retary of Health and Human Services the Year of the Blues project. Coordi- important need for additional training and and other Federal agencies to prevent nated by The Blues Foundation and Ex- advanced technologies for our nation’s fire the duplication in training programs perience Music Project, The Year of and emergency services. They are equal com- that has been identified by the General the Blues is a multi-faceted entertain- ponents in our efforts to prepare our nation ment, education, and outreach program for future large-scale emergencies that re- Accounting Office. quire rapid deployment of local first re- I am pleased to announce that this recently formed to both celebrate and sponders. legislation is supported by the Na- create greater awareness for the blues In the area of technology, we have wit- tional Volunteer Fire Council; the Con- and its place in the history and evo- nessed an emergence of new technologies de- gressional Fire Services Institute; the lution of music and culture, both in the signed to improve our level of readiness to National Fire Protection Association; United States and around the world. future terrorist events and other large-scale The program is anchored by high pro- disasters. Some of this technology has the the International Association of Fire potential to address the immediate needs of Chiefs; the International Association of file events, and beginning next year, it our nation’s public safety agencies; while Fire Fighters; the International Asso- will feature a wide array of partici- other requires additional scrutiny and test- ciation of Arson Investigators; and the pants, projects, and components de- ing before the fire and emergency services International Fire Service Training As- signed to reach a large audience, as can be assured of its intended performance. sociation. I look forward to working well as support blues oriented edu- We extend our appreciation for your inter- with my colleagues to ensure passage cation and outreach programs, such as est in this matter and for introducing the Firefighter Research and Coordination Act. of this legislation. I am aware that Blues in the Schools. This project also takes on a special We support this legislation as a crucial step some issues, including funding of this towards developing and deploying advanced legislation, need to be addressed. meaning for me because I am a ‘‘daugh- technologies our nation’s first responders Last year, we were caught unpre- ter of the Delta,’’ and my hometown of need in this period of heightened risk and se- pared and paid a terrible price as a re- Helena has played a large role in the curity. sult. We must ensure that future fire- development of the blues. Today, Hel- Working as partners, the United States fighters are adequately equipped and ena serves as a temporary blues Mecca Fire Administration, National Institute of each October when the three day King Standards and Technology, the Interagency trained, and are working in coordina- Board and other interested parties, including tion to respond to any future national Biscuit Blues Festival takes place. And the National Fire Protection Association, emergencies. Every day firefighters as I noted earlier, it is also the site of can develop a scientific basis for the private rush into burning buildings to save the one of the longest running daily music sector development of standards for new fire lives of their fellow Americans. It is shows, ‘‘King Biscuit Time,’’ which fighting technology. Your legislation will our duty to adequately equip and pro- continues to air every weekday at 12:15 not undermine or duplicate the standards- tect them. pm on KFFA radio from the Delta Cul- making process that has served the fire serv- Mrs. LINCOLN. Mr. President, I in- tural Center Visitors’ Center. As long ice for over a hundred years, but rather strengthen it in areas of new technologies troduced legislation designating the as I can remember, ‘‘King Biscuit necessitated by the events of September year beginning February 1, 2003, as the Time’’ has been an integral part of life 11th. Year of the Blues and requesting that and culture in the Delta. Debuting in We also support the other two sections of the President issue a proclamation November 1941, ‘‘King Biscuit Time’’ your legislation calling for coordination of calling on the people of the United originally featured famous harmonica response to national emergencies and for in- States to observe the ‘‘Year of the player Sonny Boy Williamson, creased training. Our organizations strongly guitarist Robert Junior Lockwood, and believe that the United States Fire Adminis- Blues’’ with appropriate ceremonies, trator should serve as the primary point of activities, and educational programs. I the King Biscuit Entertainers. When contact for state and local firefighting units am joined by Senators COCHRAN, recently noting the uniqueness of the during national emergencies. We have ex- THOMPSON, and FRIST and ask unani- show, long-time host ‘‘Sunshine’’ pressed this message repeatedly, including in mous consent that it be printed in the Sonny Payne recalled that many of the the Blue Ribbon Panel report presented to RECORD. songs played on ‘‘King Biscuit Time’’ then-FEMA Director James Lee Witt in 1998 It has been said that ‘‘Blues is more originated during the live broadcasts, and most recently in a white paper, titled than music; Blues is culture. Blues is and in some cases, words to the songs ‘‘Protecting Our Nation’’ that we presented to Congress last year. To ensure the success America.’’ As a native of Helena, Ar- were known to change day to day. of this legislation, it is imperative that Con- kansas, I could not agree more. Grow- After becoming involved with this gress appropriate additional dollars to carrying up in the Delta, I often listened to project, I recently came across an arti- out this new role of the Administrator. the blues during the famous ‘‘King Bis- cle ‘‘Pass the biscuits, cause it’s King As the threats to our nation’s security in- cuit Time’’ show on my hometown sta- Biscuit Time . . . ’’ written by free- tensify, so must the level of training for our tion, KFFA radio. The songs I heard lance writer Lex Gillespie. I believe nation’s first responders. We must expose often told stories of both celebration this article provides an accurate ac- our firefighters and rescue personnel to advanced levels of training and technologies so and triumph, as well as sorrow and count of the development of blues in they can safely respond to all acts of ter- struggle. the South, and I ask unanimous con- rorism and other major disasters. The final Although its roots are in the tradi- sent to submit it for the RECORD. section of your legislation will help us attain tion of the primitive songs of the old So as you can see, the blues has been this goal. Southern sharecroppers, the blues has an important part of my life and the We look forward to working with you in left an important cultural legacy in life of many others. It’s a style of advancing this legislation through Congress. our country and has documented Afri- music that is, in its essence, truly Again, we thank you for your continued support. can-American history in the last cen- American. But as we move into a new Sincerely, tury. As the blues began to transform century and embrace new forms and Congressional Fire Services Institute, in style and content throughout the styles of music, we must not allow to- International Association of Arson In- twentieth century, its evolution par- day’s youth to forget the legacy of our vestigators, International Association

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00114 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 1, 2002 CONGRESSIONAL RECORD — SENATE S7931 of Fire Chiefs, International Associa- Technology, the Inter-Agency Board for (3) by inserting after subparagraph (E) the tion of Fire Fighters, International Equipment Standardization and Inter-Oper- following: Fire Service Training Association, Na- ability, national voluntary consensus stand- ‘‘(F) strategies for building collapse rescue; tional Fire Protection Association, Na- ards development organizations, and other ‘‘(G) the use of technology in response to tional Volunteer Fire Council. interested parties, shall— fires, including terrorist incidents and other ‘‘(A) develop new, and utilize existing, national emergencies; NATIONAL VOLUNTEER FIRE measurement techniques and testing meth- ‘‘(H) response, tactics, and strategies for COUNCIL, odologies for evaluating new firefighting dealing with terrorist-caused national catas- WASHINGTON, DC, JULY 29, 2002. technologies, including— trophes; Hon. JOHN MCCAIN, ‘‘(i) thermal imaging equipment; ‘‘(I) use of and familiarity with the na- Russell Senate Office Building, Washington, ‘‘(ii) early warning fire detection devices; tional plan developed by the Administrator DC. ‘‘(iii) personal protection equipment for under section 10(b)(1); DEAR SENATOR MCCAIN: The National Vol- firefighting; ‘‘(J) leadership and strategic skills, includ- unteer Fire Council (NVFC) is a non-profit ‘‘(iv) victim detection equipment; and ing integrated management systems oper- membership association representing the ‘‘(v) devices to locate firefighters and other ations and integrated response; more than 800,000 members of America’s vol- rescue personnel in buildings; ‘‘(K) applying new technology and devel- unteer fire, EMS, and rescue services. Orga- ‘‘(B) evaluate the compatibility of new oping strategies and tactics for fighting for- nized in 1976, the NVFC serves as the voice of equipment and technology with existing fire- est fires; America’s volunteer fire personnel in over fighting technology; and ‘‘(L) integrating terrorism response agen- 28,000 departments across the country. On be- ‘‘(C) support the development of new vol- cies into the national terrorism incident re- half of our membership, I would like to ex- untary consensus standards through national sponse system; press our full support for the Firefighting voluntary consensus standards organizations ‘‘(M) response tactics and strategies for Research and Coordination Act. for new firefighting technologies based on fighting fires at United States ports, includ- This legislation would allow the U.S. Fire techniques and methodologies described in ing fires on the water and aboard vessels; Administrator to develop measurement tech- subparagraph (A). and’’. niques and testing methodologies to evaluate ‘‘(2) NEW EQUIPMENT MUST MEET STAND- (b) COORDINATION WITH OTHER PROGRAMS the compatibility of new firefighting tech- ARDS.—The Administrator shall, by regula- TO AVOID DUPLICATION.—The Administrator nology. In addition, it would require new tion, require that equipment purchased of the United States Fire Administration equipment purchased under the FIRE Grant through the assistance program established shall coordinate training provided under sec- program to meet or exceed these standards. by section 33 meet or exceed applicable vol- tion 8(d)(1) of the Federal Fire Prevention The bill would also direct the U.S. Fire Ad- untary consensus standards.’’. and Control Act of 1974 (15 U.S.C. 2206(d)(1)) ministrator to establish a national plan for SEC. 3. COORDINATION OF RESPONSE TO NA- with the Attorney General, the Secretary of training and responding to national emer- TIONAL EMERGENCY. Health and Human Services, and the heads of gencies and it would designate the Adminis- (a) IN GENERAL.—Section 10 of the Federal other Federal agencies to ensure that there trator as the contact point for State and Fire Prevention and Control Act of 1974 (15 is no duplication of that training with exist- local firefighting units in the event of a na- U.S.C. 2209) is amended— ing courses available to fire service per- tional emergency. It would also direct the (1) by redesignating subsection (b) as sub- sonnel. Administrator to work with state and local section (c); and fire service officials to establish nationwide (2) by inserting after subsection (a) the fol- By Mr. MCCAIN: and state mutual aid systems for dealing lowing: S. 2863. A bill to provide for deregula- with national emergencies that include ‘‘(b) COORDINATION OF RESPONSE FOR NA- tion of consumer broadband services; threat assessment, and means of collecting TIONAL EMERGENCIES.— to the Committee on Commerce, asset and resource information for deploy- ‘‘(1) IN GENERAL.—The Administrator shall Science, and Transportation. ment. establish a national plan for training and re- Mr. MCCAIN. Mr. President, I intro- Finally, the bill authorizes the Super- sponding to national emergencies under intendent of the National Fire Academy to duce the Consumer Broadband Deregu- which the Administrator shall be the pri- lation Act of 2002. This legislation train fire personnel in building collapse res- mary contact point for State and local fire- cue, the use of new technology, tactics and fighting units in the event of a national takes a comprehensive, deregulatory, strategies for dealing with terrorist inci- emergency. The Administrator shall ensure but measured approach to providing dents, the use of the national plan for train- that the national plan is consistent with the more Americans with more broadband ing and responding to emergencies, leader- master plans developed by the several States choices. By ensuring that the market, ship skills, and new technology tactics for and political subdivisions thereof. not government, regulates the deploy- fighting forest fires. ‘‘(2) MUTUAL AID SYSTEMS.—The Adminis- ment of broadband services, the legis- Once again, the NVFC commends your ef- trator shall work with State and local fire forts to train and equip America’s volunteer lation will promote investment and in- service officials to establish, as part of the novation in broadband facilities—and firefighters and we thank you for the leader- national plan, nationwide and State mutual ship role you have taken on this issue. We aid systems for dealing with national emer- consumers will benefit. look forward to working with you in the gencies that— The bill would create a new title in 107th Congress to pass this important piece ‘‘(A) include threat assessment and equip- the Communications Act of 1934 that of legislation. If you have any questions or ment deployment strategies; would ensure that residential comments feel free to contact Craig ‘‘(B) include means of collecting asset and broadband services exist in a mini- Sharman, NVFC Government Affairs Rep- resource information to provide accurate and mally regulated environment. The new resentative at (202) 887–5700. timely data for regional deployment; and section of the Act would also make cer- Sincerely, ‘‘(C) are consistent with the national plan PHILIP C. SITTLEBURG, tain that providers of broadband serv- established under paragraph (1) for Federal ices are treated in a similar fashion Chairman. response to national emergencies.’’. (b) REPORT ON STRATEGIC NEEDS.—Within without regard to the particular mode S. 2862 90 days after the date of enactment of this of providing service. The bill includes Be it enacted by the Senate and House of Rep- Act, the Administrator of the United States provisions that would take the fol- resentatives of the United States of America in Fire Administration shall report to the Sen- lowing actions: Congress assembled, ate Committee on Commerce, Science, and Deregulate the retail provision of residen- SECTION 1. SHORT TITLE. Transportation and the House of Representa- tial broadband services; dictate a hands-off This Act may be cited as the ‘‘Firefighting tives Committee on Science on the need for approach to the deployment of new facilities Research and Coordination Act’’. a strategy concerning deployment of volun- by telephone companies while maintaining SEC. 2. NEW FIREFIGHTING TECHNOLOGY. teers and emergency response personnel (as competitors’ access to legacy systems; resist Section 8 of the Federal Fire Prevention defined in section 6 of the Firefighters’ Safe- government-mandated open access while pro- and Control Act of 1974 (15 U.S.C. 2207) is ty Study Act (15 U.S.C. 2223e), including a viding a safety net to ensure consumers amended— national credentialing system, in the event enjoy a competitive broadband services mar- (1) by redesignating subsection (e) as sub- of a national emergency. ket; ensure that local and state barriers to section (f); and SEC. 4. TRAINING. broadband deployment are removed; facili- (2) by inserting after subsection (d) the fol- (a) IN GENERAL.—Section 8(d)(1) of the Fed- tate deployment of broadband services to lowing: eral Fire Prevention and Control Act of 1974 rural and unserved communities by creating ‘‘(e) DEVELOPMENT OF NEW TECHNOLOGY.— (15 U.S.C. 2206(d)(1)) is amended— an information clearing house in the federal ‘‘(1) IN GENERAL.—In addition to, or as part (1) by striking ‘‘and’’ after the semicolon government; maximize wireless technology of, the program conducted under subsection in subparagraph (E); as a platform for broadband services; ensure (a), the Administrator, in consultation with (2) by redesignating subparagraph (F) as access to broadband services by people with the National Institute of Standards and subparagraph (N); and disabilities; enhance the enforcement tools

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00115 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7932 CONGRESSIONAL RECORD — SENATE August 1, 2002 available to the FCC; and put the federal telecommunications market. In 1999, I will undermine competitors’ efforts to government in the role of stimulator, rather introduced the Internet Regulatory provide services using the telephone than regulatory, of broadband services. Freedom Act that would have elimi- companies’ legacy facilities. This ap- In 1996, Congress passed the first nated certain regulation of telephone proach strikes a balance between the major overhaul of telecommunications companies’ deployment of broadband interests of those who have invested policy in 62 years. Supporters of the facilities. And in 1999 and 2000, I was a capital on the promise of government- Telecommunications Act argued that leading advocate in the Senate for the managed competition and those who it would create increased competition, Internet Tax Freedom Act ensuring a will invest in the future of broadband provide consumers with a variety of moratorium on taxation of the Inter- facilities on the promise of government new and innovative services at lower net. restraint and market-driven competi- prices, and reduce the need for regula- I stand by the legislation and amend- tion. tion. My principal objection to the Act ments I previously introduced and be- The bill also grapples with the gov- was that it fundamentally regulated, lieve that they represented the right ernment-managed wholesale market not deregulated, the telecommuni- approach at the right time. In fact, if I for consumer broadband services—the cations industry and would lead inevi- had it my way, I would throw out the so-called ‘‘open access’’ debate. Mr. tably to prolonged litigation. It has 1996 Act and start from scratch. I am President, there is perhaps no more dif- been six years since the passage of the mindful, however, that broadband has ficult issue addressed in this bill. Act, but consumers have yet to benefit. been an issue that has polarized policy- The Internet has thrived because it is an open platform. The presence of nu- Competition denied by excessive regu- makers to the point of legislative pa- merous ISPs in the narrowband market lation is costly to consumers. ralysis. Now is the time for a measured certainly contributed to the vitality of The latest legislative debate in the approach that focuses on achieving this open network, particularly at the communications industry has focused what can be done to improve the de- on the availability of high-speed Inter- inception of the Internet. Those pro- ployment of services to all consumers. viders have depended on access to cus- net access services, often called I believe that this legislation is such ‘‘broadband.’’ Indeed, Federal Commu- tomers guaranteed by FCC rules. As a an approach. result, many have suggested the need nications Commission Chairman, Mi- The bill has multiple components de- for government-mandated access to chael Powell, has called broadband, signed to address all aspects of customers served over broadband con- ‘‘the central communications policy broadband deployment and usage, and nections. They raise significant con- objective in America.’’ also provides adequate safety nets in cerns about carriers becoming screen- There is stark disagreement about the event that there proves to be a ers of content, and anti-competitive the state of affairs of broadband serv- market failure that is harmful to con- threats to web site operators if con- ices in the United States. Depending on sumers. who is speaking, there is a supply prob- Broadband services can be provided sumers do not have a choice of ISP or lem, a demand problem, a combination over multiple platforms including tele- are limited in their ability to access of the two, or no problem at all. All phone, cable, wireless, satellite, and particular web sites. However tempting it may be to be- parties agree, however, that Americans perhaps one day soon, power lines, lieve that government mandates will and our national economy will benefit Each of these platforms is regulated produce desired policy outcomes, such greatly from the widespread use of differently based on the nature of the intervention too often comes at the broadband services. Accelerated service the platform was originally de- price of market inefficiencies, stifled broadband deployment reportedly signed to provide. This legislation innovation, and increased regulatory could benefit our nation’s economy by would move us closer to a harmoni- costs. Moreover, regulators are often hundreds of billions of dollars. zation of regulatory ancestry of a par- slow to respond to dynamic industry With such tremendous opportunity ticular platform. changes. comes no shortage of ‘‘solutions.’’ First, the bill makes clear that the The bill would rely on market forces Many want a national industrial policy retail provision of high-speed Internet to resolve access issues by establishing to drive broadband deployment—they service remains unregulated. The the general rule that the FCC may not suggest multi-billion dollar central Internet’s tremendous growth is a tes- impose open access requirements on planning efforts aimed to deliver serv- tament to the exercise of regulatory any provider—no matter what platform ices to consumers regardless of wheth- restraint. is used to provide the consumer er those consumers want or need such Some have suggested a need for gov- broadband service. Again, the bill services. Others have focused on nar- ernment regulation of consumer takes a measured approach by creating row issues affecting only a subset of all broadband service quality. They allege a safety net for consumers. Today a providers of broadband services. that service deficiencies inhibit the de- multitude of ISPs rely on access man- This legislation takes a different ap- velopment of these new offerings. But dated by the FCC to serve their cus- proach. It takes a comprehensive look we must remember that these are new tomers. The bill would allow the FCC at the proper role of the government services, and new services will have to continue to enforce these obliga- with respect to these new services. It problems. This legislation allows for tions during a transition period, but reduces government interference with these services to mature. If upon matu- would mandate the sunset of such re- market forces that lead to consumer rity, the FCC determines that there is quirements unless the FCC determines welfare, and looks for ways that gov- a need to protect consumers from serv- their continued enforcement is nec- ernment can facilitate, not dictate or ice quality shortcomings related to the essary to preserve competition for con- control, the development of broadband technical provision of service. Then the sumers. technologies. states can enforce uniform require- I firmly believe that market forces Mr. President, I am a firm believe in ments. This provides a measured ap- will guide the development of a whole- free market principles. In 1995, I intro- proach to service quality—a safety net sale market producing sustainable, not duced a series of amendments during without a presumption of regulation. government-managed, competition. the floor debate on the Telecommuni- Next, we must clarify that new serv- The bill is sufficiently flexible to en- cations Act that would have made the ices offered by varied providers, regard- sure that consumers are protected, bill truly deregulatory. As I said at the less of mode, will not be subject to the whole sending a clear signal to those time, I believe that ‘‘[i]n free markets, micromanagement of government regu- parties willing to make the significant less government usually means more lation. Recognizing that upgrading net- investment necessary to provide innovation, more entrepreneurial op- works requires substantial investment broadband services that the govern- portunities, more competition, and not free of risk, this bill begins this ment will not lie in wait only to re- more benefits to consumers.’’ Likewise, process by relaxing the obligations on ward their risk-taking with regulation. in 1998, I introduced the Telecommuni- telephone companies that invest in fa- I note again, however, that this issue cations Competition Act that would cilities that will bring better raises challenging and complex policy have allowed competition to flourish broadband services to more consumers. questions. We should ensure the con- and brought true deregulation to the Nothing in this legislation, however, tinued open nature of the Internet. To

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00116 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 1, 2002 CONGRESSIONAL RECORD — SENATE S7933 the extent that market forces prove in- viously that most of the advantages of Sec. 4. Unbundled access and collocation re- capable of preventing restrictions on the Telecommunications Act have ac- quirements. consumers’ use of the Internet or limi- crued not to the average consumer who Sec. 5. National clearinghouse for high- speed Internet access. tations on devices that consumers wish has seen only higher prices for existing Sec. 6. Enforcement. to attach to their Internet connection, services, but to business customers. It Sec. 7. Spectrum reform study. we may need to consider a different ap- is these business customers that many Sec. 8. Study on ways to promote broadband proach. I look forward to continue de- competitors have attempted to serve through e-government. bate on these difficult questions. using the facilities of the incumbent SEC. 2. FINDINGS AND PURPOSE. The potential for government inter- telephone companies. Moreover, where- (a) FINDINGS.—The Congress finds the fol- ference with market forces is not lim- lowing: as the cable platform is the source of (1) All consumer broadband service mar- ited to federal regulation. State and robust, facilities-based competition in kets should be open to competition. local governments are also capable of the consumer market, it has not devel- (2) Consumer broadband service can be pro- obstructing the deployment of oped to a similar extent in the market vided over numerous different platforms. broadband. The bill would address this for business customers. Given these (3) All providers of consumer broadband threat by precluding any state or local factors, and a desire to take a meas- services should be able to provide such serv- regulation from prohibiting the ability ured approach, I have generally limited ices and be subject to harmonized regulation of any entity to provide consumer the scope of this bill to the consumer when offering such services. broadband service. It would also pre- (4) Consumer broadband services can en- broadband services market. This focus hance the quality of life for Americans and vent localities from transforming their does not reflect my lack of support for promote economic development, job cre- legitimate interest in managing their a similarly deregulatory approach to ation, and international competitiveness. rights of way into an imposition of ad- the business market. Indeed, I strongly (5) Advancements in the nation’s Internet ditional, revenue-generating financial encourage Chairman Powell to be ag- infrastructure will enhance the public wel- burdens on broadband deployment. gressive in using the tools at his dis- fare by helping to speed the delivery of serv- Consumer broadband services should posal to remove regulations wherever ices such as telemedicine, distance learning, be accessible to all people, regardless appropriate in the business broadband remote medical services, and distribution of of where they live, what they do, or health information. services market. (6) Government regulations that affect how much they earn. We must be real- Mr. President, technological progress high-speed Internet access should promote istic, however, about how quickly this has too often been constrained by gov- investment and innovation in all techno- can occur. The bill recognizes the im- ernment policies that seek to control it logical platforms. portant role that government can play and dictate its course. Such policies (b) PURPOSE.—It is the purpose of this Act as facilitator to accelerate universal have often had the perverse effect of to allow market forces to introduce invest- deployment by using its resources to slowing technological advancements. ment and innovation in consumer broadband services for the benefit of all Americans. allow communities to share informa- The growth of the Internet dem- SEC. 3. DEREGULATION OF CONSUMER tion about successful efforts to attract onstrates what happens when govern- BROADBAND SERVICES. broadband deployment. ments choose to learn from the mis- (a) IN GENERAL.—The Act is amended— Government can facilitate broadband takes of the past in order to build a (1) by redesignating title VII as title VIII; deployment and use in other ways as better and richer future for our citi- (2) by redesignating sections 701 through well. Wireless technologies like Wi-Fi zens. The choice we have made is to 714 as sections 801 through 814, respectively; and mesh networks hold tremendous adapt our mechanisms for governance (3) by striking ‘‘section 714’’ in section 309(j)(8)(C)(iii) and inserting ‘‘section 814’’; promise for the delivery of consumer to facilitate and encourage techno- broadband services. Given its role in (4) by striking ‘‘section 705’’ in section logical change—to facilitate rather 712(b) and inserting ‘‘section 805’’; and the management of spectrum, the gov- than to control—to monitor rather (5) by inserting after title VI the following: ernment can impact the use of these than dominate. This bill continues that ‘‘TITLE VII—CONSUMER BROADBAND technologies. The bill would require course. SERVICES the FCC to examine the best role for I urge my colleagues to join with me ‘‘SEC. 701. RETAIL CONSUMER BROADBAND SERV- government in fully exploiting wireless in supporting this deregulatory legisla- ICE. technologies as a broadband platform tion to help advance broadband in the ‘‘(a) FREEDOM FROM REGULATION.—Except for the benefit of consumers. United States. as provided in subsection (c), neither the Although government should limit Mr. President, I ask that the bill be Commission, nor any State, shall have authority to regulate the rates, charges, terms, its role to those circumstances where printed in the RECORD. market failure is demonstrated, Chair- or conditions for the retail offering of con- There being no objection, the bill was sumer broadband service. man Powell has suggested that the ordered to be printed in the RECORD, as ‘‘(b) OTHER SERVICES AND FACILITIES.— Commission must be prepared to better follows: Nothing in this section precludes the Com- enforce its existing rules by increasing S. 2863 mission, or a State or local government, the Commission’s ability to impose from regulating the provision of any service Be it enacted by the Senate and House of Rep- other than consumer broadband service, even penalties on parties that act in a man- resentatives of the United States of America in ner that is anticompetitive. This bill if that service is provided over the same fa- Congress assembled, cilities as are used to provide consumer would given him the tools to do so. SECTION 1. SHORT TITLE; AMENDMENT OF COM- broadband service. Some claim that there is a demand MUNICATIONS ACT OF 1934; TABLE ‘‘(c) SERVICE QUALITY.— ‘‘problem’’ with broadband that is OF CONTENTS. ‘‘(1) COMMISSION DETERMINATION RE- caused by the dearth of available (a) SHORT TITLE.—This Act may be cited as QUIRED.—The Commission shall initiate a broadband content. Here, too, govern- the ‘‘Consumer Broadband Deregulation study within 2 years after the date of enactment can play an important role. Cer- Act’’. ment of the Consumer Broadband Deregula- (b) AMENDMENT OF COMMUNICATIONS ACT OF tainly content is one of the factors tion Act to determine whether State regula- 1934.—Except as otherwise expressly provided, that will drive consumers to subscribe tion of consumer broadband service quality whenever in this Act an amendment or re- is appropriate or necessary for the protec- to high-speed Internet services. Given peal is expressed in terms of an amendment tion of consumers. the prominent role that the federal to, or repeal of, a section or other provision, ‘‘(2) REGULATIONS; STATE ENFORCEMENT.—If government plays in the lives of most the reference shall be considered to be made the Commission determines that State regu- Americans, it can be a source of sub- to a section or other provision of the Com- lation of consumer broadband service quality stantial broadband content. The bill munications Act of 1934 (47 U.S.C. 151 et is appropriate or necessary for the protec- would ensure that the federal govern- seq.). tion of consumers, the Commission shall pro- (c) TABLE OF CONTENTS.—The table of con- mulgate regulations establishing uniform ment is fully exploiting its ability to tents for this Act is as follows: provide this content. national guidelines regulating consumer Finally, I recognize that many will Sec. 1. Short title; amendment of Commu- broadband service quality that may be en- nications Act of 1934; table of forced by States. Any regulations promul- look at the bill and ask about contents. gated under this paragraph may not take ef- broadband services used by businesses. Sec. 2. Findings. fect before the date that is 2 years after the Why treat those services differently? It Sec. 3. Deregulation of consumer broadband date of enactment of the Consumer is a fair question. I have stated pre- services. Broadband Deregulation Act.

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‘‘(3) PREEMPTION OF OTHER STATE SERVICE ‘‘(b) CONSUMER BROADBAND SERVICE PRO- storage, protocol conversion, and routing QUALITY REGULATION.— VIDERS.—A provider of consumer broadband with telecommunications to enable users to ‘‘(A) IN GENERAL.—Unless the Commission services shall ensure that its services are ac- access Internet content and services.’’. promulgates regulations under paragraph (2), cessible to and usable by persons with dis- SEC. 4. UNBUNDLED ACCESS AND COLLOCATION no State may regulate the quality of con- abilities, unless the provider demonstrates REQUIREMENTS. sumer broadband services provided to its that taking such steps would result in an (a) UNBUNDLED ACCESS.—Section 251(c)(3) citizens or residents. undue burden. (47 U.S.C. 251(c)(3)) is amended to read as fol- ‘‘(B) LIMITATION.—If the commission pro- ‘‘(c) COMPATIBILITY.—Whenever the re- lows: mulgates regulations under paragraph (2), no quirements of subsections (a) and (b) con- ‘‘(3) UNBUNDLED ACCESS.— State may regulate the quality of consumer stitute an undue burden, a manufacturer or ‘‘(A) IN GENERAL.—The duty to provide, to broadband services provided to its citizens or provider shall ensure that the equipment or any requesting telecommunications carrier residents except as provided in those regula- service is compatible with existing periph- for the provision of a telecommunications tions. eral devices or specialized customer premises service, nondiscriminatory access to net- ‘‘(4) NO INFERENCE.—Nothing in this sec- equipment commonly used by persons with work elements on an unbundled basis at any tion shall affect a State’s ability to enforce disabilities to achieve access, unless the technically feasible point on rates, terms, consumer protection laws and regulations manufacturer or provider demonstrates that and conditions that are just, reasonable, and unrelated to the technical provision of con- taking such steps would result in an undue nondiscriminatory in accordance with the sumer broadband service. burden. terms and conditions of the agreement and ‘‘(d) REGULATIONS.—Within 18 months after ‘‘SEC. 702. WHOLESALE CONSUMER BROADBAND the requirements of this section and section the date of enactment of the Consumer SERVICE. 252. An incumbent local exchange carrier Broadband Deregulation Act, the Commis- ‘‘(a) IN GENERAL.—Except as provided in shall provide such unbundled network ele- sion shall prescribe such regulations as are subsection (b), neither the Commission nor ments in a manner that allows requesting necessary to implement this section. The any State or political subdivision thereof carriers to combine such elements in order regulations shall ensure consistency across shall have authority to require a consumer to provide such telecommunications service. multiple service platforms with respect to broadband service provider to afford an ‘‘(B) EXCEPTION.—The duty to provide ac- access by persons with disabilities. The regu- Internet service provider access to its facili- cess under subparagraph (A) does not require lations also shall provide that neither ties or services for the purpose of offering a an incumbent local exchange carrier to pro- broadband services, broadband access serv- consumer broadband service. vide access to a fiber local loop or fiber feed- ices, nor the equipment used for such serv- ‘‘(b) EXCEPTION.—To the extent that any er subloop to a requesting carrier to enable ices may impair or impede the accessibility entity is required by the Commission to af- the requesting carrier to provide a tele- of information content when accessibility ford an Internet service provider access to communications service that is an input to a has been incorporated in that content for its facilities or services for the purpose of consumer broadband service unless the in- transmission through broadband services, ac- providing consumer broadband service on the cumbent local exchange carrier has removed cess services, or equipment. date of enactment of the Consumer or rendered useless a previously existing coo- ‘‘(e) DEFINITIONS.—In this section— Broadband Deregulation Act, the Commis- per loop necessary to provide such services.’’. sion may require that entity to continue to ‘‘(1) DISABILITY.—The term ‘disability’ has the meaning given to it by section 3(2)(A) of (b) COLLOCATION.—Section 251(c)(6) (47 afford such access. U.S.C. 251(c)(6)) is amended to read as fol- ‘‘(c) REPORT.—The Commission shall report the Americans with Disabilities Act of 1990 (42 U.S.C. 12102(2)(A)). lows: to the Senate Committee on Commerce, ‘‘(6) COLLOCATION.— Science, and Transportation and the House ‘‘(2) UNDUE BURDEN.—The term ‘undue burden’ means significant difficulty or expense. ‘‘(A) IN GENERAL.—The duty to provide, on of Representatives Committee on Energy and rates, terms, and conditions that are just, Commerce within 2 years after the date of In determining whether the requirements of this paragraph would result in an undue bur- reasonable, and nondiscriminatory, for phys- enactment of the Consumer Broadband De- ical collocation of equipment necessary for regulation Act on the state of the wholesale den, the factors to be considered include— ‘‘(A) the nature and cost of the steps re- interconnection or access to unbundled net- market for consumer broadband services and work elements at the premises of the local its effect on retail competition for these quired for the manufacturer or provider; ‘‘(B) the impact on the operation of the exchange carrier, except that the carrier services. may provide for virtual collocation if the ‘‘(d) SUNSET PROVISION.—Subsection (b) manufacturer or provider; ‘‘(C) the financial resources of the manu- local exchange carrier demonstrates to the shall cease to be effective 5 years after the State commission that physical collocation date of enactment of such Act, unless the facturer or provider; and ‘‘(D) the type of operations of the manufac- is not practical for technical reasons or be- Commission finds that the continued exer- cause of space limitations. cise of its authority under that subsection is turer or provider.’’. ‘‘(B) EXCEPTION.—The duty to provide for necessary to preserve and protect competi- ‘‘SEC. 705. RELATIONSHIP TO TITLES II, III, AND VI. collocation under subparagraph (A) does not tion in the provision of consumer broadband require an incumbent local exchange carrier services. ‘‘If the application of any provision of title II, III, or VI of this Act is inconsistent with to provide for collocation in a remote ter- ‘‘SEC. 703. LIMIT ON STATE AND LOCAL AUTHOR- minal.’’. ITY; PUBLIC RIGHTS-OF-WAY any provision of this title, then to the extent CHARGES. the application of both provisions would con- SEC. 5. NATIONAL CLEARINGHOUSE FOR HIGH- SPEED INTERNET ACCESS. ‘‘(a) REMOVAL OF BARRIERS TO ENTRY.—No flict with or frustrate the application of the State or local statute or regulation, or other provision of this title— (a) IN GENERAL.—The Secretary of Com- State or local legal requirement, may pro- ‘‘(1) the provision of this title shall apply; merce shall establish a national clearing- hibit or have the effect of prohibiting the and house within the Department of Commerce ability of any entity to provide any con- ‘‘(2) the inconsistent provision of title II, that allows communities throughout the sumer broadband service. III, or VI shall not apply.’’. United States, particularly rural commu- ‘‘(b) COST-BASED COMPENSATION FOR (b) CONSUMER BROADBAND SERVICES DE- nities, to find data and information relating RIGHTS-OF-WAY.—A State or local govern- FINED.—Section 3 (47 U.S.C. 153) is amended to the deployment of facilities capable of ment may not require compensation from by inserting after paragraph (12) the fol- supporting high-speed Internet services. consumer broadband service providers for ac- lowing: (b) EXCHANGE FUNCTION.—The Secretary cess to, or use of, public rights-of-way that ‘‘(12A) CONSUMER BROADBAND SERVICES.— shall solicit and accept data, information, exceeds the direct and actual costs reason- ‘‘(A) IN GENERAL.—The term ‘consumer and advice from communities that have suc- ably allocable to the administration of ac- broadband services’ means interstate resi- ceeded in attracting the deployment of cess to, or use of, public rights-of-way. dential high-speed Internet access services. broadband services and infrastructure in ‘‘(c) PUBLIC DISCLOSURE.—A State or local ‘‘(B) HIGH-SPEED.—The Commission shall order to make that data, information, and government shall disclose to the public, on a establish by rule the criterion, in terms of advice available to other communities that timely basis and in an easily understood for- megabits per second, to be used for the pur- are seeking to deploy high-speed Internet mat, any compensation required from con- pose of determining whether residential services. sumer broadband service providers for access Internet services are high-speed Internet SEC. 6. ENFORCEMENT. to, of use of, public rights-of-way. services. In establishing that criterion, the (a) CEASE AND DESIST AUTHORITY.—Section ‘‘SEC. 704. ACCESS BY PERSONS WITH DISABIL- Commission shall consider whether the speed 501 of the Communications Act of 1934 (47 ITIES. is sufficient to support existing applications U.S.C. 501) is amended— ‘‘(a) MANUFACTURERS.—A manufacturer of and to encourage the development of new ap- (1) by striking ‘‘Any person’’ and inserting equipment used for consumer broadband plications. The Commission shall revise the ‘‘(a) FINES AND IMPRISONMENT.—Any person’’; services shall ensure that equipment is de- criterion as necessary and shall review any (2) by adding at the end the following new signed, developed, and fabricated to be acces- criterion established by it no less frequently subsection: sible to and usable by persons with disabil- than each 18 months. ‘‘(b) CEASE AND DESIST ORDERS.— If, after a ities, unless the manufacturer demonstrates ‘‘(C) INTERNET ACCESS SERVICE.—The term hearing, the Commission determines that that taking such steps would result in an ‘Internet access service’ means a service that any common carrier or consumer broadband undue burden. combines computer processing, information service provider is engaged in an act, matter,

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00118 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 1, 2002 CONGRESSIONAL RECORD — SENATE S7935 or thing prohibited by this Act, or is failing Science, and Transportation and the House bardment of the fort on April 12, 1861 to perform any act, matter, or thing required of Representatives Committee on Energy and was the opening engagement of the by this Act, the Commission may order such Commerce within 6 months after the date of Civil War. The evacuation of the fort common carrier or provider to cease or de- enactment of this Act on how the Federal by its commanding officer, Major Rob- sist from such action or inaction.’’. government can promote the use of ert Anderson, left the fort in Confed- (b) FORFEITURE PENALTIES.—Section 503(b) broadband services through e-government, of the Communications Act of 1934 (47 U.S.C. including— erate hands until the fall of Charleston 503(b)) is amended— (1) online delivery of government services; in February of 1865. Fort Sumter was (1) in paragraph (2)(B)— (2) video-streaming of government press also an integral part of the Nation’s (A) by striking ‘‘exceed $100,000’’ and in- events and open public events, such as an- coastal defense system until the end of serting ‘‘exceed $1,000,000’’; and nouncements and administrative pro- World War II. Fort Sumter is a fine ex- (B) by striking ‘‘of $1,000,000’’ and inserting ceedings; ample of the historical significance of ‘‘of $10,000,000’’; (3) e-health and online education initia- National Park Service work. (2) in paragraph (2)(C), by striking ‘‘sub- tives; The passage of this bill will allow for (4) access to government documents; and paragraph (A) or (B)’’ and inserting ‘‘sub- the more efficient administration of paragraph (A), (B), or (C)’’; (5) the ramifications of enhanced govern- (3) by redesignating subparagraphs (C) and ment online services on user privacy and the the two forts. The present arrangement (D) of paragraph (2) as subparagraphs (D) and security of the Federal government’s elec- does not adequately reflect the bound- (E), respectively; tronic infrastructure. aries or management authority for the (4) by inserting after subparagraph (B) of site. For example, Fort Moultrie was paragraph (2) the following new subpara- By Mr. THURMOND: acquired by the Secretary of the Inte- graph: S. 2865. A bill to establish Fort Sum- rior from the State of South Carolina ‘‘(C) If a common carrier or consumer ter and Fort Moultrie National Histor- in 1960, but no boundaries were estab- broadband service provider has violated a ical Park in the State of South Caro- lished for the property, nor were any cease and desist order or has previously been lina, and for other purposes; to the directives given to the National Park assessed a forfeiture penalty for a violation Committee on Energy and Natural Re- of a provision of this Act or of any rule, reg- Service for administering the site. This sources. bill will establish the boundaries of the ulation, or order issued by the Commission, Mr. THURMOND. Mr. President, I in- and if the Commission or an administrative site and provide long-overdue manage- troduced a bill establishing the Fort law judge determines that such common car- ment authority for the National Park Sumter and Fort Moultrie National rier has willfully violated the same provi- Service. sion, rule, regulation, that this repeated vio- Historical Park. These sites are pres- Hopefully, this bill will facilitate lation has caused harm to competition, and ently managed by the National Park more efficient management of the forts that such common carrier or consumer Service as the Fort Sumter National and allow many more Americans to broadband service provider has been assessed Monument. The bill clarifies the learn from these living monuments to a forfeiture penalty under this subsection for boundaries of the park and will more America’s history. The Department of such previous violation, the Commission accurately reflect the resources that Interior supports this bill and has may assess a forfeiture penalty not to exceed are recognized, protected, and inter- $2,000,000 for each violation or each day of urged its enactment. I urge my col- preted at these sites. continuing violation; except that the leagues to join me in supporting this amount of such forfeiture penalty shall not Both of these forts were pivotal sites in the history of South Carolina and bill. exceed $20,000,000.’’; and I ask unanimous consent that the (5) in paragraph (6)(B), by striking ‘‘1 year’’ the Nation. Fort Moultrie was the cen- text of the bill be printed in the CON- and inserting ‘‘2 years’’. terpiece of the Battle of Sullivan’s Is- GRESSIONAL RECORD. land on June 28, 1776, just six days SEC. 7. WIRELESS BROADBAND STUDY. There being no objection, the bill was (a) IN GENERAL.—The Federal Communica- prior to the signing of the Declaration ordered to be printed in the RECORD, as tions Commission shall conduct a study— of Independence. The valiant defense of follows: (1) on wireless technology to determine the the fort by South Carolina militia appropriate role of the Federal government units resulted in the first decisive vic- S. 2865 in facilitating greater consumer access to tory over British forces in the Revolu- Be it enacted by the Senate and House of Rep- resentatives of the United States of America in consumer broadband services using evolving tionary War. The fort is named after advanced technology; and Congress assembled, (2) what, if any, action by the Federal gov- the commander of those units, Colonel SECTION 1. SHORT TITLE. ernment is needed to increase the deploy- William Moultrie. This Act may be cited as the ‘‘Fort Sumter ment of new wireless technology to facilitate Colonel Moultrie’s forces constructed and Fort Moultrie National Historical Park high-speed Internet access. the first fort out of Palmetto trees and Act of 2002’’. (b) FOCUS.—In conducting the study, the sand. The Palmettos were used because SEC. 2. FINDINGS. Commission shall focus on consumer of the lack of proper building mate- Congress finds that— broadband services utilizing wireless tech- rials. Though initially thought to be (1) Fort Sumter National Monument was nology. inadequate for protection, the Pal- established by the Joint Resolution entitled (c) CONSIDERATION OF WIRELESS INDUSTRY mettos repelled salvo after salvo from ‘‘Joint Resolution to establish the Fort VIEWS.—In conducting the study, the Com- Sumter National Monument in the State of mission shall consider the views of, among the British naval forces. Such excellent South Carolina’’, approved April 28, 1948 (62 other interested parties, representatives of fortifications allowed Colonel Stat. 204, chapter 239; 16 U.S.C. 450ee), to the telecommunications industry (as defined Moultrie’s militia to return fire with commemorate historic events in the vicinity in section 714(k)(3) of the Communications devastating results. of Fort Sumter, the site of the first engage- Act of 1934 (47 U.S.C. 614(k)(3)) involved in Fort Moultrie also played a part in ment of the Civil War on April 12, 1861; wireless communications. the events leading up to the Civil War. (2) Fort Moultrie— (d) REPORT.— It was the site of the batteries that (A) was the site of the first defeat of the (1) IN GENERAL.—The Commission shall bombarded Fort Sumter. After the war, British in the Revolutionary War on June 28, transmit a report, containing its findings, the fort was to remain an integral part 1776; and conclusions, and recommendations from the of America’s coastal defenses until (B) was acquired by the Federal Govern- study to the Senate Committee on Com- ment from the State of South Carolina in merce, Science, and Transportation and the World War II, when it was used to 1960 under the authority of the Act of August House of Representatives Committee on En- guard the port of Charleston against 21, 1935 (49 Stat. 666, chapter 593); ergy and Commerce within 18 months after German U-boats. Indeed, it is the only (3) since 1960, Fort Moultrie has been ad- the date of enactment of this Act. site in the National Park System that ministered by the National Park Service as (2) REPORT TO BE AVAILABLE TO PUBLIC.— preserves the history of the Nation’s part of the Fort Sumter National Monument The Commission shall make its report avail- coastal defense system from 1776 to without a clear management mandate or es- able to the public. 1947. Although its days of conflict are tablished boundary; SEC. 8. STUDY ON WAYS TO PROMOTE over, the fort stands as a reminder that (4) Fort Sumter and Fort Moultrie played BROADBAND THROUGH E-GOVERN- important roles in the protection of Charles- MENT. the cost of freedom is constant vigi- ton Harbor and in the coastal defense system The Secretary of Commerce, in consulta- lance and stalwart resolve, even in the of the United States; tion with the Director of the Office of Man- face of overwhelming odds. (5) Fort Moultrie is the only site in the Na- agement and Budget, shall transmit a report Fort Sumter is also an important tional Park System that preserves the his- to the Senate Committee on Commerce, part of American history. The bom- tory of the United States coastal defense

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00119 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7936 CONGRESSIONAL RECORD — SENATE August 1, 2002 system during the period from 1776 through (ii) any other events of the Civil War that arships to some of the District’s poor- 1947; and are associated with Fort Sumter and Fort est students to enable them to select (6) Sullivan’s Island Life Saving Station, Moultrie; the public or private school of their located adjacent to the Charleston Light— (C) the development of the coastal defense choice from participating schools in (A) was constructed in 1896; and system of the United States during the pe- (B) is listed on the National Register of riod from the Revolutionary War to World the District and the surrounding areas. Historic Places. War II; and This program, like the Cleveland pro- SEC. 3. DEFINITIONS. (D) the lives of— gram upheld by the Supreme Court, In this Act: (i) the free and enslaved workers who built would allow families to choose from a (1) CHARLESTON LIGHT.—The term ‘‘Charles- and maintained Fort Sumter and Fort wide variety of providers, including re- ton Light’’ means the Charleston Light and Moultrie; ligious schools. any associated land and improvements to the (ii) the soldiers who defended the forts; Both bills are nearly identical to the land that are located between Sullivan’s Is- (iii) the prisoners held at the forts; and 1997 D.C. Student Scholarship Act. Al- land Life Saving Station and the mean low (iv) captive Africans bound for slavery though that bill had passed both houses who, after first landing in the United States, water mark. of the Congress and more than a thou- (2) MAP.—The term ‘‘map’’ means the map were brought to quarantine houses in the vi- entitled ‘‘Boundary Map, Fort Sumter and cinity of Fort Moultrie in the 18th Century, sand D.C. families had expressed inter- Fort Moultrie National Historical Park’’, if the Secretary determines that the quar- est in the scholarship program, Presi- numbered 392/80088, and dated November 30, antine houses and associated historical val- dent Clinton vetoed the bill. 2000. ues are nationally significant. Why should we extend the option of (3) PARK.—The term ‘‘Park’’ means the (e) COOPERATIVE AGREEMENTS.—The Sec- private schools to poor families? Be- Fort Sumter and Fort Moultrie National retary may enter into cooperative agree- cause, as is true in many urban areas, Historical Park established by section 4(a). ments with public and private entities and thousands of students in the District of individuals to carry out this Act. (4) SECRETARY.—The term ‘‘Secretary’’ Columbia are in need of high quality SEC. 5. CHARLESTON LIGHT. means the Secretary of the Interior. educational options. Seventy-two per- (5) STATE.—The term ‘‘State’’ means the (a) IN GENERAL.—Subject to subsection (b), State of South Carolina. the Secretary of Transportation shall trans- cent of D.C. fourth graders tested SEC. 4. FORT SUMTER AND FORT MOULTRIE NA- fer to the Secretary, for no consideration, below basic proficiency in reading and TIONAL HISTORICAL PARK. administrative jurisdiction over, and man- seventy-six percent tested below basic (a) ESTABLISHMENT.—There is established agement of the Charleston Light for inclu- proficiency in mathematics. This the Fort Sumter and Fort Moultrie National sion in the Park. means that three quarters of 4th grad- Historical Park in the State as a unit of the (b) CONDITION.—Before transferring the ers do not possess elementary reading Charleston Light under subsection (a) the National Park System to preserve, maintain, skills and can not complete simple and interpret the nationally significant his- Secretary of Transportation shall repair, paint, remove hazardous substances from, arithmetic problem. Unfortunately, torical values and cultural resources associ- these statistics do not improve dra- ated with Fort Sumter and Fort Moultrie. and improve the condition of the Charleston (b) BOUNDARY.— Light in any other manner that the Sec- matically as children grow older. Even (1) IN GENERAL.—The boundary of the Park retary may require. in the older grades, the majority of shall be comprised of the land, water, and (c) IMPROVEMENTS.—The Secretary shall students are found to be struggling submerged land depicted on the map. make improvements to the Charleston Light with math and reading. only to the extent necessary to— (2) AVAILABILITY OF MAP.—The map shall Tragically, lagging academic per- (1) provide utility service; and be on file and available for public inspection formance isn’t the only problem plagu- in the appropriate offices of the National (2) maintain the existing structures and historic landscape. ing many of the public schools in D.C., Park Service. there is also the issue of safe, secure (c) ACQUISITIONS.— SEC. 6. REPEAL OF EXISTING LAW. classrooms. In 1999, nearly one in five (1) LAND.— Section 2 of the Joint Resolution entitled (A) IN GENERAL.—Subject to subparagraph ‘‘Joint Resolution to establish the Fort D.C high school students reported, that (B), the Secretary may acquire any land or Sumter National Monument in the State of at some point in the preceding month, interest in land (including improvements) lo- South Carolina’’, approved April 28, 1948 (62 they felt too unsafe to go to school, cated within the boundaries of the Park by— Stat. 204, chapter 239; 16 U.S.C. 450ee–1), is re- while nearly one in every seven stu- (i) donation; pealed. dents admitted to bringing a weapon to (ii) purchase with appropriated or donated SEC. 7. AUTHORIZATION OF APPROPRIATIONS. school. funds; There are authorized to be appropriated such sums as are necessary to carry out this Although the creation of charter (iii) exchange; or schools in the District has led to some (iv) transfer from another Federal agency. Act. (B) LIMITATION.—Any land or interest in choice for families lucky enough to get land (including improvements) located with- By Mr. GREGG (for himself, Mr. a spot for their child, there are simply in the boundaries of the Park that is owned HUTCHINSON, Mr. CRAIG, and Mr. not enough charter schools to accom- by the State (including political subdivisions BROWNBACK): modate the growing clamor of D.C. par- of the State) shall be acquired by donation S. 2866. A bill to provide scholarships ents to obtain a better education for only. for District of Columbia elementary their children. Interestingly enough, (2) PERSONAL PROPERTY.—The Secretary and secondary students, and for other the lack of space in charter schools is may acquire by donation, purchase with ap- purposes; to the Committee on Govern- compounded by the City’s refusal to propriated or donated funds, exchange, or transfer from another Federal agency, per- mental Affairs. free a handful of the 30 surplus public sonal property associated with, and appro- Mr. GREGG. Mr. President, like school buildings—buildings, which in priate for, interpretation of the Park. many of my colleagues in the House some cases, are just sitting there aban- (d) ADMINISTRATION.— and the Senate, I applaud the Supreme doned and unused. (1) IN GENERAL.—The Secretary, acting Court’s recent ruling in Zelman v. Sim- D.C. parents have witnessed super- through the Director of the National Park mons-Harris. The Court found that a intendents come and go, and have been Service, shall administer the Park in accord- publically funded private school choice given the promise of education reform ance with this Act and the laws generally ap- program was Constitutional and does and improvements that never material- plicable to units of the National Park Sys- tem, including— not violate the establishment clause of ized. Yet, all the while their children (A) the Act of August 25, 1916 (16 U.S.C. 1 et the Constitution. The Court’s decision remain trapped in failing schools. This seq.); and finally puts to rest the constitu- is unacceptable to them and should be (B) the Act of August 21, 1935 (16 U.S.C. 461 tionality arguments which have long wholly unacceptable to my colleagues. et seq.). been raised by those who oppose pro- The thousands of families clamoring (2) INTERPRETATION OF HISTORICAL viding choice to low-income families. for better educational opportunities for EVENTS.—The Secretary shall provide for the Within hours of the Court decision, their children in our nation’s capital interpretation of historical events and ac- Congressman Armey introduced H.R. need an immediate solution. tivities that occurred in the vicinity of Fort 5033, the District of Columbia Student As Frederick Douglass, quoted by Sumter and Fort Moultrie, including— (A) the Battle of Sullivan’s Island on June Opportunity Scholarship Act of 2002. I Justice Clarence Thomas in the recent 28, 1776; join my House colleague in introducing Zelman decision, said, ‘‘Education. . . . (B)(i) the bombardment of Fort Sumter by the companion bill, here in the Senate. means emancipation. It means light Confederate forces on April 12, 1861; and Specifically, these bills provide schol- and liberty. It means the uplifting of

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00120 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 1, 2002 CONGRESSIONAL RECORD — SENATE S7937 the soul of the man into the glorious This isn’t the packer ban. The intent ‘‘(2) COVERED PACKER.— light of truth, the light by which men of this piece is to improve price trans- ‘‘(A) IN GENERAL.—The term ‘covered pack- can only be made free.’’ parency and hopefully the accuracy of er’ means a packer that is required under Unfortunately, for many families, the daily mandatory price reporting this subtitle to report to the Secretary each that freedom remains unobtainable reporting day information on the price and data. I feel strongly that packers quantity of livestock purchased by the pack- within D.C.’s current educational sys- should NOT be able to own or feed live- er. tem. I encourage my colleagues to seri- stock, but this approach is not in- ‘‘(B) EXCLUSION.—The term ‘covered pack- ously consider this important bill. We tended to address my concern with er’ does not include a packer that owns only have allowed too many students to lan- packer ownership. 1 livestock processing plant. guish in failing schools. Let’s provide a The packs required to comply would ‘‘(3) NONAFFILIATED PRODUCER.—The term way for real education, and doing so, be the same packs required to report ‘nonaffiliated producer’ means a producer of help make the freedom Douglass refers livestock— under the mandatory price reporting ‘‘(A) that sells livestock to a packer; to a reality for some of the district’s system. Those are packs that kill ei- ‘‘(B) that has less than 1 percent equity in- neediest children. ther 125,000 head of cattle, 100,000 head terest in the packer and the packer has less of hogs, or 75,000 lambs annually, over than 1 percent equity interest in the pro- By Mr. GRASSLEY (for himself a 5 year average. ducer; and Mr. FEINGOLD): ‘‘(C) that has no officers, directors, em- S. 2867. A bill to amend the Agricul- Packers are arguing that this will hurt their ability to offer contracts to ployees or owners that are officers, directors, tural Marketing Act of 1946 to increase employees or owners of the packer; producers, but the fact of the matter is competition and transparency among ‘‘(D) that has no fiduciary responsibility to packers that purchase livestock from that the majority of livestock con- the packer; and producers; to the Committee on Agri- tracts pay out on a calculation incor- ‘‘(E) in which the packer has no equity in- culture, Nutrition, and Forestry. porating mandatory price reporting terest. Mr. GRASSLEY. Mr. President, as data. If the mandatory price reporting ‘‘(4) SPOT MARKET SALE.—The term ‘spot data is not accurate, or open to pos- market sale’ means an agreement for the everyone knows, I pushed the packer purchase and sale of livestock by a packer ban because I want more competition sible manipulation because of low numbers on the spot market, contracts are from a producer in which— in the marketplace. While I don’t think ‘‘(A) the agreement specifies a firm base packers should be in the same business not beneficial tools for producers to price that may be equated with a fixed dollar as independent livestock producers, it’s manage their risk. This legislative pro- amount on the day the agreement is entered not the fact that the packers own the posal will hopefully give confidence to into; livestock that bothers me as much as independent livestock producers by im- ‘‘(B) the livestock are slaughtered not the fact that the packers’ livestock proving the accuracy and viability of more than 7 days after the date of the agree- competes for shackle space and ad- the mandatory price reporting system ment; and secure fair prices for contracts ‘‘(C) a reasonable competitive bidding op- versely impacts the price independent portunity existed on the date the agreement producers receive. based on that data. was entered into; My support of the packer ban is It’s just common sense, when there ‘‘(5) REASONABLE COMPETITIVE BIDDING OP- based in the belief that independent aren’t a lot of cattle and pigs being PORTUNITY.—The term ‘reasonable competi- producers should have the opportunity purchased on the cash market, it’s tive bidding opportunity’ means that to receive a fair price for their live- easier for the mandatory price report- ‘‘(A) no written or oral agreement pre- stock. The last few years have led to ing data to be inaccurate or manipu- cludes the producer from soliciting or receiv- widespread consolidation and con- lated. The majority of livestock pro- ing bids from other packers; and duction contracts are based on that ‘‘(B) no circumstances, custom or practice centration in the packing industry. exist that establishes the existence of an im- Add on the trend toward vertical inte- data, so if that information is wrong plied contract, as defined by the Uniform gration among packers and there is no the contract producers suffer. That’s Commercial Code, and precludes the pro- question why independent producers why the Iowa Pork Producers, Iowa ducer from soliciting or receiving bids from are losing the opportunity to market Cattlemen, Iowa Farm Bureau, R– other packers. their own livestock during profitable CALF, the Organization for Competi- ‘‘(b) GENERAL RULE.—Of the quantity of cycles in the live meat markets. tive Markets, and the Center for Rural livestock that is slaughtered by a covered The past CEO of IBP in 1994 explained Affairs have all endorsed this proposal. packer during each reporting day in each that the reason packers own livestock Mr. President, this legislation will plant, the covered packer shall slaughter not is that when the price is high the pack- less than the applicable percentage specified guarantee independent livestock pro- in subsection (c) of the quantity through ers use their own livestock for the lines ducers market access and a fair price. spot market sales from nonaffiliated pro- and when the price is low the packers It will accomplish these goals by mak- ducers. buy livestock. This means that inde- ing it more difficult for the mandatory ‘‘(c) APPLICABLE PERCENTAGES.— pendent producers are most likely price reporting system to be manipu- ‘‘(1) IN GENERAL.—Except as provided in being limited from participating in the lated because of low numbers being re- paragraph (2), the applicable percentage most profitable ranges of the live mar- ported by the packs. shall be: ket. This is not good for the survival of ‘‘(A) 25 percent for covered packers that I ask consent the bill be printed in are not cooperative associations of pro- the independent producer. the RECORD. My new legislative concept would ducers; and There being no objection, the bill was ‘‘(B) 12.5 percent for covered packers that guarantee that independent producers ordered to be printed in the RECORD, as are cooperative associations of producers. have a share in the marketplace while follows: ‘‘(2) EXCEPTIONS.— assisting the mandatory price report- S. 2867 ‘‘(A) In the case of covered packers that re- ing system. The proposal would require ported more than 75 percent captive supply that 25 percent of a packer’s daily kill Be it enacted by the Senate and House of Rep- cattle in their 2001 annual report to Grain resentatives of the United States of America in Inspection, Packers and Stockyards Admin- comes from the spot market. By re- Congress assembled, quiring a 25 percent spot market pur- istration of the United States Department of SECTION 1. SPOT MARKET PURCHASES OF LIVE- chase daily, the mandatory price re- Agriculture, the applicable percentage shall STOCK BY PACKERS be the greater of: porting system which has been criti- Chapter 5 of subtitle B of the Agricultural ‘‘(i) the difference between the percentage cized due to reporting and accuracy Marketing Act of 1946 (7 U.S.C. 1636 et seq.) of captive supply so reported and 100; and problems would have consistent, reli- is amended by adding at the end the fol- ‘‘(ii) the following numbers (applicable per- able numbers being purchased from the lowing: centages): spot market, improving the accuracy ‘‘SEC. 260. SPOT MARKET PURCHASES OF LIVE- ‘‘(a) during each of the calendar years of and transparency of daily prices. In ad- STOCK BY PACKERS. 2004 and 2005, 5 percent; dition, independent livestock producers ‘‘(a) DEFINITIONS.—In this section: ‘‘(b) during each of the calendar years of ‘‘(1) COOPERATIVE ASSOCIATION OF PRO- 2006 and 2007, 15 percent; and would be guaranteed a competitive po- DUCERS.—The term ‘cooperative association ‘‘(c) during the calendar year 2008 and each sition due to the packers need to fill of producers’ has the meaning given the term calendar year thereafter, 25 percent. the daily 25 percent spot/cash market in section 1a of the Commodity Exchange ‘‘(B) In the case of covered packers that requirement. Act (7 U.S.C. 1a). are cooperative associations of producers and

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00121 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7938 CONGRESSIONAL RECORD — SENATE August 1, 2002 that reported more than 87.5 percent captive gallons of water per day. In addition to (i) the Rio Grande watershed in the State supply cattle in their 2001 annual report to the excessive water consumption, salt of New Mexico; Grain Inspection, Packers and Stockyards cedars increase fire and flood fre- (ii) the Pecos River in the State of New Administration of the United States Depart- quency, increase river channelization, Mexico; and ment of Agriculture, the applicable percent- (iii) other bodies of water in the States of age shall be the greater of: decrease water flow and increase water Arizona, Colorado, New Mexico, Texas, and ‘‘(iii) the difference between the percent- and soil salinity along the river. Stud- Utah that are affected by salt cedar or other age of captive supply so reported and 100; and ies indicate that eradication of the salt nonnative phreatophytes; and ‘‘(iv) the following numbers (applicable cedars could increase river flows. In- (B) commence a demonstration program of percentages): creasing river flows could help allevi- the most effective control methods. ‘‘(a) during each of the calendar years of ate mounting pressure to meet com- (2) AVAILABLE EXPERTISE.— 2004 and 2005, 5 percent; pact delivery obligations—especially (A) IN GENERAL.—In carrying out the pro- ‘‘(b) during each of the calendar years of grams under paragraph (1), the Secretary 2006 and 2007, 7.5 percent; and on the Pecos. This bill that I am introducing today shall use the expertise of institutions of ‘‘(c) during the calendar year 2008 and each higher education and nonprofit organiza- calendar year thereafter, 12.5 percent. would authorize the Army Corps of En- tions— ‘‘(d) NONPREEMPTION.—Notwithstanding gineers to establish a research and (i) that are located in the States referred section 259, this section does not preempt demonstration program to help with to in paragraph (1)(A)(iii); and any requirement of a State or political sub- the eradication of this non-native spe- (ii) that have been actively conducting re- division of a State that requires a covered cies. In addition to projects along the search or carrying out other activities relat- packer to purchase on the spot market a Pecos and the Rio Grande, the bill al- ing to the control of salt cedar. greater percentage of the livestock pur- lows other states with similar prob- (B) INCLUSIONS.—Institutions of higher chased by the covered packer than is re- lems, including Texas, Colorado, Utah education and nonprofit organizations under quired under this section.’’ subparagraph (A) include— ‘‘(e) Nothing in this section shall affect the and Arizona to develop and participate (i) Colorado State University; interpretation of any other provision of this in similar projects as well. (ii) Dine´ College in the State of New Mex- Act, including but not limited to section 202 The drought and the mounting legal ico; (7 U.S.C. § 192).’’. requirements on both the Pecos and (iii) Mesa State College in the State of Col- Rio Grande rivers are forcing us toward orado; By Mr. DOMENICI (for himself, a severe water crisis. Solving such (iv) New Mexico State University; Mr. CAMPBELL, and Mr. water problems has become one of my (v) Northern Arizona University; ALLARD): top priorities for the state. (vi) Texas A&M University; S. 2868. A bill to direct the Secretary I ask unanimous consent that a copy (vii) University of Arizona; of the Army to carry out a research (viii) Utah State University; and of the bill and my statement be printed (ix) WERC: A Consortium for Environ- and demonstration program concerning in the RECORD. mental Education and Technology Develop- control of salt cedar and other non- There being no objection, the bill was ment. native phreatophytes; to the Com- ordered to be printed in the RECORD, as (d) FEDERAL EXPENSE.—The research and mittee on Environment and Public follows: demonstration program under subsection (c) Works. S. 2868 shall be carried out at full Federal expense. Mr. DOMENICI. Mr. President, I rise Be it enacted by the Senate and House of Rep- (e) CONSULTATION.—The activities under today to introduce a piece of legisla- resentatives of the United States of America in this section shall be carried out in consultation that is of paramount importance Congress assembled, tion with— to the State of New Mexico. Specifi- SECTION 1. SALT CEDAR CONTROL. (1) the Secretary of Agriculture; (2) the Secretary of the Interior; cally, this bill will address the mount- (a) FINDINGS.—Congress finds that— (1) States are having increasing difficulty (3) the Governors of the States of Arizona, ing pressures brought on by the grow- Colorado, New Mexico, Texas, and Utah; ing demands, on all fronts, of a dimin- meeting their obligations under interstate compacts to deliver water; (4) tribal governments; and ishing water supply. (2) it is in the best interest of States to (5) the heads of other Federal, State, and As you may know the water situation minimize the impact of and eradicate local agencies, as appropriate. in the west can be described at this invasive species that extort water in the Rio (f) RESEARCH.—To the maximum extent time, as difficult at best. Annual snow Grande watershed, the Pecos River, and practicable, the research shall focus on— packs were abnormally low this year other bodies of water in the Southwest, such (1) supplementing and integrating informa- causing many areas in the west to be as the salt cedar, a noxious and nonnative tion from past and ongoing research con- plant that can use 200 gallons of water a day; cerning control of salt cedar and other non- plagued by severe drought conditions. native phreatophytes; The seriousness of the water situa- and (3) as drought conditions and legal require- (2) gathering experience from past eradi- tion in New Mexico becomes more ments relating to water supply accelerate cation and control projects; acute every single day. The chance of water shortages, innovative approaches are (3) arranging relevant data from available this drought effecting every New Mexi- needed to address the increasing demand for sources into formats so that the information can in some way is substantial. Wells a diminishing water supply. is accessible and can be effectively brought are running dry, farmers are being (b) DEFINITIONS.—In this section: to bear by land managers in the restoration forced to sell livestock, many of our (1) CONTROL METHOD.— of the Rio Grande watershed; (4) using control methods to produce water cities are in various stages of conserva- (A) IN GENERAL.—The term ‘‘control method’’ means a method of controlling salt cedar savings; and tion and many, many acres have been (Tamarix) or any other nonnative (5) identifying long-term management and charred by catastrophic wildfires. phreatophyte. funding approaches for control of salt cedar The drought conditions also have (B) INCLUSIONS.—The term ‘‘control meth- and watershed restoration. other consequences. For example, the od’’ includes the use of herbicides, mechan- (g) DEMONSTRATION PROJECTS.— lack of stream flow makes it very dif- ical means, and biocontrols such as goats (1) IN GENERAL.—The Secretary shall carry ficult for New Mexico to meet its com- and insects. out not fewer than 10 demonstration pact delivery obligations to the state (2) DEMONSTRATION PROJECT.—The term projects, of which not fewer than 2 shall be of Texas. ‘‘demonstration project’’ means a dem- carried out in each of the States referred to in subsection (c)(1)(A)(iii). The bill that I am introducing today onstration project carried out under this section. (2) COST.—Each demonstration project deals more specifically with the issue (3) SECRETARY.—The term ‘‘Secretary’’ shall be carried out at a cost of not more of in stream water flows. To compound means the Secretary of the Army, acting than $7,000,000, including costs of planning, the drought situation, New Mexico is through the Chief of Engineers. design, and implementation. home to a vast amount of Salt Cedar. (c) PROGRAM.— (3) RELATIONSHIP TO OTHER CONTROL Salt Cedar is a water-thirsty non-na- (1) IN GENERAL.—Not later than 1 year after PROJECTS.—Each demonstration project shall tive tree that continually strips mas- the date on which funds are made available be coordinated with control projects being sive amounts of water out of New Mexi- to carry out this section, the Secretary carried out as of the date of enactment of shall— this Act by other Federal, State, tribal, or co’s two predominant water supplies— (A) complete a program of research, in- local entities. the Pecos and the Rio Grande rivers. cluding a review of past and ongoing re- (4) PERIOD OF PROJECT IMPLEMENTATION.— Estimates show that one mature salt search, concerning a control method for use Each demonstration project shall be carried cedar tree can consume as much as 200 in— out—

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00122 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 1, 2002 CONGRESSIONAL RECORD — SENATE S7939 (A) during a period of not less than 2 but Bankruptcy Code that prohibits gov- and down payments. In addition, it not more than 5 years, depending on the con- ernmental entities from revoking debt- gives each winning bidder an oppor- trol method selected; and ors’ licenses solely for failure to pay tunity to elect, within 15 days after en- (B) in a manner designed to determine the debts dischargeable in bankruptcy,’’ ef- actment, to relinquish its rights and to time period required for optimum use of the control method. fectively nullifying the FCC ability to be relieved of all further obligations (5) DESIGN.— deliver the licenses to winning bidder. under Auction No. 35. Those who (A) CONTROL METHODS.—Of the demonstra- In August 2001, after the issuance of choose to retain their rights and obli- tion projects— that court’s mandate, the FCC restored gations under Auction No. 35 will none- (i) at least 1 demonstration project shall the NextWave licenses to active status. theless be entitled to the return of use primarily 1 or more herbicides; More recently, the Supreme Court their deposits and down payments in (ii) at least 1 demonstration project shall granted the FCC’s petition for a writ of the interim. If and when the FCC is in use primarily mechanical means; certiorari to review the D.C. Circuit’s a position to deliver the licenses at (iii) at least 1 demonstration project shall judgment. The Supreme Court will not issue to those who remain obligated, use a biocontrol such as goats or insects; and (iv) each other demonstration project may hear arguments in the case until the they will be required to pay the full use any 1 or more control methods. fall of 2002 and is unlikely to announce amount of their bid in accordance with (B) MEASUREMENT OF COSTS AND BENE- a decision until the spring of 2003. If the FCC’s existing regulations. Those FITS.—Each demonstration project shall be the Court reverses the D.C. Circuit’s who elect to terminate their rights and designed to measure all costs and benefits decision, there will be further litiga- obligations under Auction No. 35 will associated with each control method used by tion on remand in the D.C. Circuit to be free to pursue other opportunities to the demonstration project, including meas- resolve issues that the court did not acquire spectrum and serve consumers. urement of water savings. reach in its first decision. The result is I want to make this next point espe- (6) MONITORING AND MAINTENANCE.—After that there is not likely to be a final cially clear, nothing in the bill’s provi- completion, each demonstration project sions would affect the FCC’s legal posi- shall be monitored and maintained for a pe- resolution of the status of the riod of not more than 5 years, at a cost of NextWave licenses and the FCC there- tion in the Supreme Court with respect not more than $100,000 per demonstration fore will not be in a position to deliver to the validity of its original cancella- project per year. licenses to the winners of Auction No. tion of the NextWave licenses. If the (h) AUTHORIZATION OF APPROPRIATIONS.— 35—until three or more years from the FCC prevails in the Supreme Court, it There are authorized to be appropriated to time the auction was concluded. Al- will reestablish its right to allocate the carry out this section— though the FCC recently returned most spectrum at issue. It may then grant (1) $10,000,000 for fiscal year 2003; and of the down payment funds previously licenses to Auction No. 35 winning bid- (2) such sums as are necessary for each of ders who have declined to relinquish fiscal years 2004 through 2007. deposited by successful bidders, it continues to hold without interest sub- their rights under the bill. It will also By Mr. KERRY (for himself and stantial sums equal to three percent of be free to conduct a re-auction of any Mr. BROWNBACK): the total amount of the winning bids. spectrum won by Auction No. 35 bid- S. 2869. A bill to facilitate the ability It apparently intends to hold those ders who have in the meantime elected of certain spectrum auction winners to sums indefinitely. Despite the lengthy to relinquish their auction rights. pursue alternative measures required delay in delivering the licenses, more- in the public interest to meet the needs By Mr. KERRY: over, the FCC takes the position that S. 2870. A bill to amend titles 10 and of wireless telecommunications con- the successful bidders remain obli- 14, United States Code, to provide for sumers; to the Committee on Com- gated, on a mere 10 days’ notice, to pay the use of gold in the metal content of merce, Science, and Transportation. the full amount of their successful bids the Medal of Honor; to the Committee Mr. KERRY. Mr. President, I am in- if and when the FCC at some unknown on Armed Services. troducing legislation which I hope will future date establishes its right to de- Mr. KERRY. Mr. President, today I create an equitable solution to the di- liver those licenses. rise to introduce legislation to bring lemma facing many wireless companies The situation is grossly unfair to greater honor and prestige to our most in America. Unfortunately, due to the those who bid on these licenses in good valiant veterans. This legislation, the uncertain legal status of licenses re- faith. Companies calibrate their bids Congressional Medal of Honor Act, will lated to that FCC Auction No. 35, sev- on the understanding, implicit in any require the use of 90 percent gold in the eral companies have contingent liabil- commercial arrangement, that delivery metal content of the Medal of Honor. ities in the millions or billions of dol- of the licenses will occur in a reason- You may be surprised to learn that lars. These contingent liabilities are able time following the auction. That while foreign dignitaries, famous sing- damaging the companies’ ability to ac- expectation is especially crucial in the ers, and other civilians receive an ap- quire additional spectrum to meet the context of spectrum licenses, given the proximately $30,000 medal—the Con- urgent needs of wireless consumers and recent volatility we have seen in mar- gressional Gold Medal, our most valued to roll out new and innovative services ket prices for spectrum. It is particu- veterans receive a $30 medal. The cost to consumers. The affected providers larly burdensome to such companies difference lies in that the Medal of are the successful bidders for wireless for the FCC to hold even a portion of Honor consists primarily of brass plat- spectrum that the Federal Communica- their enormous down payments with- ed slightly with gold. These American tions Commission auctioned in Auction out paying interest for such extended heroes deserve better and it’s certainly No. 35. Some of the spectrum had pre- periods. Even more troubling, the com- the least we can do to honor their serv- viously been licensed to companies, in- panies’ contingent obligation to pay on ice. cluding NextWave Personal Commu- very short notice the remaining $16 bil- The cost of the proposal would be nications Inc., whose bankruptcy fil- lion they bid for the licenses at issue minimal. According to the Congres- ings and subsequent failure to pay adversely affects their capacity to sional Budget Office, the total cost of amounts due to the FCC for their li- serve the needs of their customers. the bill would be $2 million for a five- censes led to the cancellation of those Such large contingent liabilities im- year period during which the new med- licenses. pede the companies’ ability to take in- als would be designed, produced and The status of NextWave’s licenses terim steps, such as building out its stockpiled. Our legislation would allow has been the subject of extended litiga- network further or leasing spectrum the approximately less than 1,000 living tion in the Bankruptcy Court, the from others, that may be urgently recipients awarded the Medal, or their United States Court of Appeals for the needed to improve service for its cus- next of kin, to receive a replacement Second Circuit, the United States tomers. The FCC’s failure to respond Medal. Court of Appeals for the District of Co- appropriately to alleviate these serious Amelia Earhart once said that lumbia Circuit and the Supreme Court burdens disserves the public interest. ‘‘Courage is the price that life exacts of the United States. In June 2001, after This bill addresses these problems in for granting peace.’’ In helping us win the FCC had conducted Auction No. 35, two ways. It requires the FCC prompt- our peace, we should truly honor our the D.C. Circuit held that ‘‘the Com- ly to refund to the winning bidders the bravest heroes by giving them the Med- mission violated the provision of the full remaining amount of their deposits als they deserve.

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00123 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7940 CONGRESSIONAL RECORD — SENATE August 1, 2002 By Mr. FITZGERALD: S. 2872 pany is still in business. In most white- S. 2872. A bill to reinstate and extend Be it enacted by the Senate and House of Rep- collar jobs this arrangement works the deadline for commencement of con- resentatives of the United States of America in well; the nature of the employment struction of a hydroelectric project in Congress assembled, permits most employees to continue in the State of Illinois; to the Committee SECTION 1. EXTENSION OF TIME FOR FEDERAL their jobs through age 65 and the terms on Energy and Natural Resources. ENERGY REGULATORY COMMISSION PROJECT. of their private pension plans are gen- Mr. FITZGERALD. Mr. President, I Notwithstanding the time period specified erally set up for retirement at that introduce a bill to reinstate a license in section 13 of the Federal Power Act (16 age. surrendered to the Federal Energy Reg- U.S.C. 806) that would otherwise apply to the In labor-intensive industries such as ulatory Commission that authorized Federal Energy Regulatory Commission steel and other manufacturing sectors, the construction of a hydroelectric project numbered 11214, the Commission however,workers have never been ex- power plant in Carlyle, Illinois. In may, at the request of the licensee for the pected to endure as many years of ac- order to facilitate the construction of project, and after reasonable notice, in active employment as their white-collar cordance with the good faith, due diligence, the hydroelectric power plant, the bill counterparts. Again, the expectations also contains a provision that extends and public interest requirements of that section and the Commission’s procedures under of workers as they enter these indus- the deadline for beginning construction that section— tries are well-known. Employees are of the plant. (1) reinstate the license for the construc- generally promised a secure retirement Carlyle, IL, is a small community of tion of the project as of the effective date of in exchange for their 25–30 years of 3,406 people in Southwestern Illinois, the surrender of the license; and service and they work for decades fifty miles east of St. Louis. Carlyle is (2) extend the time period during which the under the assumption that that prom- situated on the Kaskaskia River at the licensee is required to commence the con- ise will be kept. southern tip of Carlyle Lake, which struction of the project for 3 consecutive 2- What has happened to many of the was formed in 1967 when the U.S. Army year periods beyond the date that is 4 years after the date of issuance of the license. former LTV employees in Minnesota is Corps of Engineers completed construc- their hard-earned benefits have been tion of a dam on the river. Carlyle By Mr. WELLSTONE (for him- unexpectedly—and in a few cases, dra- Lake is 15 miles long and 31⁄2 miles self, Mr. DAYTON, and Ms. MI- matically—reduced as a result of their wide—the largest man-made lake in Il- KULSKI): company being forced into bankruptcy. linois. S. 2875. A bill to amend the Employee This is because their plan was taken When the Army Corps of Engineers Retirement Income Security Act of over by the PBGC which is not allowed constructed the dam, it failed to build 1974 to increase the maximum levels of to provide as comprehensive a guar- a hydroelectric power plant to cap- guaranteed single-employer plan bene- antee to these workers as they can italize on the energy available from fits, and for other purposes; to the offer to their white-collar counter- water flowing through the dam. A hy- Committee on Health, Education, parts. droelectric power facility in Carlyle Labor, and Pensions. The shorter working lives of steel- would produce 4,000 kilowatts of power Mr. WELLSTONE. Mr. President, I workers and others who labor in our and provide a renewable energy source introduced an extremely important rapidly-shrinking manufacturing sec- for surrounding communities. Further- bill, the Pension Guarantee Improve- tor effectively means that they will more, the environmental impact of ment Act of 2002. I urge my colleagues often not receive the full measure of adding a hydroelectric facility would to join me in pressing for its swift con- their earned benefit if their company be minimal, and such a facility, lo- sideration and passage. happens to go bankrupt before they cated at a site near the existing dam, For over a quarter of a century, the reach age 65. The reductions in benefits would not produce harmful emissions. In 1997, Southwestern Electric Coop- federal government has run an insur- that many of these workers suffer erative obtained a license from the ance system for private ‘‘defined ben- occur regardless of how hard they FERC to begin work on a hydroelectric efit’’ pension plans. The agency that worked, how productive an employee project in Carlyle. In 2000, South- administers this system, the Pension they were—anything that they have western Electric Cooperative surren- Benefit Guarantee Corporation, PBGC, any control over. dered their license because they were has worked hard to live up to its statu- These losses are inflicted on these unable to begin the project in the re- tory obligations to protect benefits in workers because they labored in the quired time period. The City of Carlyle the event that the plan sponsor goes manufacturing sector and because they is interested in constructing the hydro- bankrupt and is forced to terminate happened to be employed by a company electric power plant and is seeking to the plan. that was forced into bankruptcy. There obtain Southwestern Electric Coopera- In my home state of Minnesota, I is no other reason. Given that we in- tive’s license. have worked closely with former LTV sure defined benefit plans, I see no rea- The bill I am introducing today is re- workers whose plans have been taken son why we should have one standard quired for the construction of the facil- over to facilitate a dialogue with the of coverage for white-collar workers ity. Legislation is necessary to author- PBGC. I am very grateful to Joe Grant, and another, lesser guarantee for man- ize FERC to reinstate Southwestern Steven Kandarian, Michael Rae and all ufacturing workers. If a worker has Electric Cooperative’s surrendered li- the other PBGC staff who have pro- fully earned the pension that they were cense. Because there is not enough vided invaluable assistance to my of- originally promised I see no reason time remaining on the license to con- fice and my constituents over the past why we should pull the rug out from duct studies, produce a design for the few moths. I have been greatly im- under them just because their company facility, and begin construction of the pressed with their responsiveness, dedi- happens to go under. project, the bill includes a provision cation and hard work. Mr. President, we must strengthen that allows FERC to extend the appli- Yet the experiences of the LTV work- the guarantees that the PBGC is re- cable deadline. ers in Minnesota—and other manufac- quired to provide in order to protect This legislation is an easy and envi- turing workers around the country I this small subset of all workers from ronmentally safe approach to meeting suspect—have exposed some serious unfair and unreasonable cuts in their the energy needs of Southwestern Illi- though limited gaps in the guarantees earned benefits—cuts that all too often nois. Please join me in supporting this that PBGC is permitted to provide. come at a tremendously difficult time measure to provide a clean alternative These guarantees are predicated on a in their lives when health or geo- energy source for this part of the Mid- certain set of assumptions regarding graphic location may prevent them west. retirement that unfortunately do not from finding alternative employment. I ask unanimous consent that the bill hold true for all workers. For example, In my state of Minnesota, I saw first- be printed in the RECORD following the the vast majority of all workers that hand how LTV workers in their 50s, conclusion of my remarks. retire at age 65 having earned a defined who had qualified for a full retirement There being no objection, the bill was benefit pension are guaranteed their benefit under the terms of their origi- ordered to be printed in the RECORD, as full earned pension, regardless of nal plan, had to struggle to survive the follows: whether or not the sponsoring com- loss of their health insurance, and

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00124 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 1, 2002 CONGRESSIONAL RECORD — SENATE S7941 some substantial reduction in their By Mrs. MURRAY (for herself and Mr. President, in families where chil- earned benefits as a result of PBGC Mr. WELLSTONE): dren are chronically ill or disabled, takeover of their plan. S. 2876. A bill to amend part A of parents are confronted with special This legislation is designed to pro- title IV of the Social Security Act to challenges. Most cannot find appro- vide some relief to those workers who promote secure and healthy families priate affordable care, and cannot often suffer unexpected benefit reduc- under the temporary assistance to leave sick and vulnerable children tions as a result of a PBGC takeover. needy families program, and for other alone. They run from the doctor’s of- Let me be quite clear that the affected purposes; to the Committee on Fi- fice and emergency rooms—trying to workers represent only a very small nance. keep their jobs while dealing with the fraction of all those covered by PBGC. Mrs. MURRAY. Mr. President since sudden and frequent life-threatening The CBO has issued a preliminary score the 1996 welfare reform, our nation has health problems that these children for this proposal that puts its cost at experienced one of the longest eco- face. This bill would offer support for $110 million over the next ten years. nomic booms in history, but families these families by recognizing that full Colleagues, this very modest proposal are still struggling to make ends meet, time care of a chronically sick or dis- and children are still living in poverty. would allow PBGC to provide guaran- abled child is hard work, and by giving Now, with the recession, working tees to these workers that more closely parents the opportunity to meet their families are facing even more barriers reflect what they earned under the children’s special needs. on the path toward self-sufficiency, and The bill also strengthens support for terms of the plan that they had signed states are struggling to maintain their onto. It would help bring the level of those families who are victims of do- existing programs. In my own state of mestic or sexual violence. We know guarantees provided to manufacturing- Washington, we’ve seen the results of sector workers closer to that provided that as many as 70 percent of welfare the recession: good jobs are more dif- recipients are or have been victims of to their white-collar counterparts. ficult to find, welfare rolls are up, and This bill involves three changes to domestic violence. This bills sends a state budget cuts have taken a chunk clear message to states that they must the rules that determine how much of out of childcare and other critical sup- protect there vulnerable families in an earned benefit is guaranteed by the ports for our most disadvantaged fami- several ways including: having com- PBGC. lies. It is with this in mind that I in- prehensive standards and procedures to First, it would increase the max- troduce Senate bill S. 2876, the Secure address domestic and sexual violence, imum benefit guarantee level for single and Healthy Families Act of 2002. employer plans by adjusting an indexed The Secure and Healthy Families Act training caseworkers so that they are formula that would boost the monthly will help build on the successes of wel- sensitive to the unique needs of victims maximum payable for retired workers fare reform. This bill gives us an im- of domestic violence, and informing of all ages by some 13 percent. This portant opportunity to reaffirm that survivors of domestic and family vio- would translate into an increase of ap- we value America’s families and that lence of the existing protections to en- proximately $150–200/month for retirees we will protect our children. This bill sure their privacy and safety. Most states are approaching domes- over the age of 50 whose benefits are takes what we know from our own ex- tic violence prevention and assistance often reduced by the current maximum periences as parents, aunts, uncles, and in interesting and innovative ways. payable limitation. grandparents and what research has The bill will provide funding for a na- Second, this bill directs the PBGC to proven to be effective to help us move tional study of best practices on the cover supplemental benefits such as so- toward the goal of building healthy ways states are addressing domestic vi- cial security ‘‘bridge’’ payments as families. It does not impose inflexible olence. In addition, states will be able basic pension benefits. Again, this ben- top-down strategies. Instead, it allows to continue to provide services to do- efit is often earned by workers in steel states to support work and engage fam- mestic and family violence survivors and other labor-intensive industries ilies on assistance. It will help build se- without worrying about federal exemp- and is specially provided to tide them cure and healthy families in a number tion caps. The bill will allow these sur- over until they become eligible for So- of ways. vivors to receive the services they need cial Security. First, this legislation will create the when they are making the transition Finally, this proposal would index Promoting Healthy Families Fund that enables the Secretary of HHS to fund out of dangerous situations to safe and the $20/year option on the 5-yr phase-in successful lives. rule for recent benefit increases—which state activities to promote and support secure families. For example, the fund Finally, the bill would support rel- would put it at $95 using the same 4.773 would support state and local efforts to atives who take in underprivileged social security index multiplier as is provide family counseling, income en- children. A growing number of chil- used to calculate the maximum pay- hancement programs for working poor dren, 2.16 million in 2000, are being able. The current $20/year figure was families—like the successful Minnesota cared for solely by grandparents and part of the original 1975 ERISA statute Family Investment Program, or teen other relatives. Although some of these and was intended to represent normal pregnancy prevention programs that children are involved with the child benefit increase. It has become essen- help young people avoid the poverty welfare system, many more of these tially meaningless because it has never that often comes with these unplanned children are able to remain outside of been increased. This would allow work- pregnancies. the system because their relatives are ers who received a ‘‘normal’’ benefit in- Second, this act will ensure states able to care for them. crease within the last 5 years to re- recognize that secure and healthy fam- Last week a young man named ceive the entire raise instead of a per- ilies come in all shapes and sizes. The Eustaquito Beltran came to my office centage of it. federal government has long led the to talk to me about the importance of Mr. President, defined benefits plans way in opposing discrimination, and supporting foster children. He told me and the manufacturing sector have this bill will continue that critical that he had lived in more than one both suffered serious declines in recent role. hundred homes since he was a toddler. years. At the very least we owe it to Next, this bill puts in place several The results for children like him are these hard-working men and women to provisions to help the parents build a heartbreaking. Fewer than half grad- improve their access to meaningful better future for themselves and their uate from high school, and many be- pensions guarantees should their com- children. The bill encourages teen par- come homeless after they turn 18. pany be forced out of business. This bill ents to remain in school by not count- Prior to being abandoned by or taken would make a huge difference to people ing the time that they are in school away from their parents, most of these who need it the most—and do so with- against their five-year lifetime limit. children live in poverty with families out in any way threatening the sol- Under this legislation, a teen mother devastated by substance abuse, mental vency of the PBGC. I urge my col- would also be given the chance to get health disorders, poor education, un- leagues to join me in supporting this on her feet, get settled in school, and employment, violence, lack of par- modest yet meaningful relief for these find a safe place for her and her baby to enting skills, and involvement with the workers. live without losing assistance. criminal justice system. A 1990 study

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00125 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7942 CONGRESSIONAL RECORD — SENATE August 1, 2002 found that the incidence of emotional, start a business-trillions of dollars tions, distribution, shareholder ap- behavioral, and developmental prob- have gone up in smoke, turned to ash proval, and disposition by senior execu- lems among children in foster care was while, for a few executives, those mis- tives. I believe that my proposed re- three to six times greater than the in- fortunes turned to cash. forms will ensure that stock options cidence of these problems among chil- That’s maddening, as a result, the serve their highest purpose: that we dren not in care. most productive economy in the world- give shareholders more control to en- If care by a relative can help children in the history of the world-has been sure that stock options are issued con- like Eustaquito avoid the foster care scarred. The American corporation, a sistent with their interests, while we system, then we should be grateful for great institution of democratic cap- do away with the perverse incentive for the assistance that relative is offering. italism in which the public owns the senior executives to cash in and bail Instead, relatives who care for children company, has been stained. Potentially out of their companies. with support form TANF are often empowering innovations that enable The bill does not address the ele- trapped in a Catch-22. If a grandmother individual investment, like the 401-k phant in the room-the issue of whether takes in her grandchild, but needs sup- account, have been skewered. or not companies should be required to port herself and receives TANF assist- Today, I want to talk about another account for stock options. That is be- ance, federal time limits and work re- fundamentally decent idea that has cause I remain firmly convinced that quirements apply. It doesn’t make been dragged into the quicksand of cor- would fail to address the fundamental sense to require this grandmother, who porate corruption: stock options. We’ve problems we face-and would, in fact, may have worked for years and finally discovered over the last ten months create new problems with which we reached retirement, to return to work that too many companies and execu- will have to grapple. in order to help her grandchild stay out tives have been misusing and abusing If the Congress were to require ex- of the foster care system. them. In far too many cases, options pensing of stock options, we can be My bill would exempt kinship care have been turned into mere feed in the sure that the fat cats would still get families from federal time limits and corporate trough by the greed of cor- their milk. Top corporate executives work requirements to help ensure on- porate executives. would still take care of themselves. going support for these children. This Stock options are a hammer. They But the middle-income employees, who will allow relative caregivers to pro- can be used well or used poorly. We’ve represent the vast majority of Ameri- vide the additional supervision and seen corporate executives use this cans who benefit from stock options, care that children who have been hammer to weaken the foundations of would have no option but to accept no abused and neglected often need. their companies, build rickety and top- options. Mr. President, the strength of our na- heavy structures ready to collapse, and Requiring the expensing of options tion lies in how we care for our most build themselves nice, secure shelters will not give shareholders a greater say vulnerable. Coming together to support from the damage. That’s unconscion- in approving stock option plans or en- victims of domestic violence, children able. suring that they are focused on effec- abandoned by their parents, and teen The bill I propose today will correct tive incentives for growth. The reforms mothers can make it clear that welfare this abuse by ensuring that the tool of I propose today will. And requiring the reform is about helping all Americans stock options is put in the hands of expensing of options will not address succeed, not about punishing the more and more employees so it can be the incentives that executives may needy. used as it was initially intended-to have to manipulate earnings imme- The Senate must focus our crucial construct wealth, to build fortunes, to diately prior to selling shares acquired federal welfare dollars on programs and strengthen companies, and to through a stock option plan. The re- practices that create a bridge to self- incentivize the long-term soundness forms I propose today will. sufficiency and productivity while and stability of a company. The reform issues addressed in my keeping families secure and healthy. I The way to fix this problem is not, as bill are ones that are well suited for am committed to strengthening the some have suggested, to require stock Congress because they are policy mat- safety net our families depend on so option expensing at the time an option ters, not accounting rules. that parents have the skills they need is granted. That would, in fact, make I have little doubt that FASB will to find work and succeed once they are the problem worse. It would disincen- again take up the stock option ac- in the workplace. This bill will ensure tive the dissemination of options in the counting issue. When it does, I think it that children grow up in secure and first place-and in the end, those at the will find, again, that expensing options healthy families. It is a critical step in top of the corporate food chain will at the time they are granted is not pos- our work to leave no child behind. still take care of themselves. No, the sible. This is the unsung issue with way to fix this problem is to ensure stock option accounting. By Mr. LIEBERMAN (for himself that stock options are more broadly There is no doubt that stock options and Mrs. BOXER): shared by more and more employees of are a form of compensation, but this S. 2877. A bill to amend the Internal American corporations-that they truly happens when they are exercised, not Revenue Code of 1986 to ensure that are the democratizing tool that they when they are granted. Options that go stock options of public companies are can be. ‘‘underwater’’, when the stock price granted to rank and file employees as Our challenge is to fix the flaws that drops, never become compensation and well as officers and directors, and for have been exposed without hurting the options are worthless. We only other purposes; to the Committee on stock options themselves. In the name know if options are compensation when Finance. of addressing this serious crisis in cor- they are exercised and only then do we Mr. LIEBERMAN. Mr. President, I porate accountability, let’s not make know how much compensation has rise in strong support of stock option the mistake of pushing through unwise been received. reforms, and propose legislation that reforms that threaten to further con- This is the issue I have raised about will make stock options, a powerful fuse investors and endanger the en- expensing, not whether they are com- tool in the democratization of cap- gines of entrepreneurship that make pensation, but when they become com- italism, even more effective as an in- America’s economy, for all its faults pensation and when the amount of the centive to spur innovation and create and flaws, the envy of history and of compensation can be measured. I said wealth. the world. It would be a terrible shame in 1994 and I say it again today, I do The waves of corporate abuse that if we threw out the stock options baby not believe at the time an option is our economy has suffered over the past with the corporate corruption granted that we know if or how much ten months have been devastating to so bathwater. it is worth as compensation. many employees, shareholders, and That’s the spirit of my legislation: to I doubt if the champions of expensing families across America. The invest- mend, not end, stock option distribu- can point to a single case where a comments that people have counted upon tion. pany’s disclosure of stock option costs to safeguard their retirement, send My legislation focuses on three crit- at grant, now included in footnotes to their children to college, buy a home, ical reform issues regarding stock op- the company’s P&L statement, proved

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00126 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 1, 2002 CONGRESSIONAL RECORD — SENATE S7943 to be accurate. The Enron footnotes es- world’s toughest markets is a dedi- beyond enacting an incentive in favor timated stock option costs that proved cated work force that shares the com- of broad-based plans. As the NCOE has to wildly inflated and inaccurate be- mon goals for their company.’’ The bill stated, ‘‘Options for ordinary employ- cause they did not anticipate the de- required shareholders to approve the ees can work out to a new car, college cline in Enron’s stock price. In this plans and the employees were required tuition, a down payment on a house, a bear market, I would think that every to hold the shares for at least two great vacation, and maybe even a more company’s footnote estimates have years. I noted that ‘‘much of the criti- secure retirement. Options for execu- proven to be wildly inflated and inac- cism of stock options revolves around tives can amount to enough money to curate. horror stories about a small number of fund a small nation. The option pack- I doubt if the champions of expensing extravagantly compensated execu- ages some executives have received can cite a single stock broker or ana- tives.’’ would amount to tens of thousands of lyst who uses the Black-Scholes esti- My 1993 bill provided incentives for dollars per employee in their com- mating method to pick stocks. broad-based plans. It proposed a special pany.’’ This imbalance is not good pub- I do not believe that these champions capital gains incentive for the stock lic policy. would be willing to put their own option shares. At the time, there was In addition, if it turns out that com- money behind a stock based on the no capital gains preference; it had been panies are forced to expense their op- Black-Scholes estimates. Anyone who repealed in 1986. Since then, of course, tions at the time of grant, many of us finds a reliable way to estimate the the capital gains preference has been fear that the first options that would price of a stock three to ten years in restored. At that time, and at all times be cut are those for middle-income and the future is bound to be rich, and will since then, companies can deduct the rank and file employees. We fear that certainly win the Nobel Prize for Eco- ‘‘spread’’ on an option at the time the the senior executives and their allies nomics. option is exercised. The ‘‘spread’’ is the on the Board would take care of them- These are issues that FASB will re- difference between the grant price and selves, and drop or not enact broad- view and it is not an appropriate sub- the market price, the discount. based plans. The legislation I propose ject for this or any other legislation. There is a trend in favor of broad- here would help to ensure that this will This legislation focuses on reforms based stock option plans. The National not happen. that address abuses. Expensing of stock Center for Employee Ownership esti- The bill I introduce today takes a di- options, whatever its merits as an ac- mates that 7–10 million employees now rect and forceful approach and provides counting standard, do not address any hold stock options. The number of peo- that this tax deduction is limited to of the key reform issues addressed in ple who hold options has grown dra- the spread on options that are granted this legislation. Expensing is quite ir- matically since 1992, when only about on a broad-basis to the employees of relevant to these reforms; it’s a side- one million people held options. Stock the firm. The intent and thrust of the show and a diversion. It’s a false surro- options are a way to provide produc- bill is the same as the one I introduced gate for reform. tivity incentives to many middle-class in 1993, and the definitions are the I have long championed broad-based employees. same. The approach is more direct and stock option plans and I believe they Despite the trend in favor of broad- forceful. are a great spur to productivity and based stock option plans, I am not sat- The bill, called the ‘‘Rank and File competitiveness. A study by two Rut- isfied with the status quo. In compa- Stock Option Act’’, states that the or- gers University professors found that nies with broad-based plans, NCOE dinary and necessary business expense over a three-year post-plan period, finds that 34 percent of the options go deduction attributed to the spread on companies that grant options to most to senior management, the average the exercise of stock options (deduct- or all employees show a 17 percent im- grant value for senior executives was ing the ‘‘spread’’ between the strike provement in productivity over what more than $500,000 compared to only and exercise price) is limited on a pro would have been expected had they not about $8,000 for hourly employees and rata basis to the extent stock option set up such a plan. The return on assets $35,000 for technical employees. In non- grants for the taxpayer are not broad- of these companies went up 2.3 percent broad-based plans, of course, the dis- based. So, when the three-year average per year over what would have been ex- tribution is even more skewed to senior of the stock option grants is broad- pected, while their stock performance management. The NCOE estimates based, as defined in the bill, there is no is either better or about the same than that ‘‘While the growth of broad-based limitation on the deduction. In terms comparable companies, depending on options has been an important eco- of a pro-rata reduction, the deduction how performance is measured. These nomic trend, our data nonetheless indi- would be limited by the same percent- were companies that granted options cate that even in plans that do share age to which the percentage of highly broadly, which unfortunately is still options widely, executives still get an compensated employees options ex- not the norm. average of 65 percent to 70 percent of ceeded the broad-based standard. On June 29, 1993, I introduced the the total options granted.’’ This test goes to the number of op- ‘‘Equity Expansion Act,’’ S. 1175, to Similarly, estimates by the National tions granted, not the exercise price or provide a tax incentive in favor broad- Association Stock Plan Professionals any other weighting or valuation. No based stock option plans, options I re- finds in a 2000 survey that 26 percent of deduction is allowed if the options ferred to as ‘‘performance’’ stock op- the plans only grant options to senior granted to senior management are dif- tions. The incentives were available and middle management, and 43 per- ferent in form and superior to those only for options where ‘‘immediately cent to all employees. For high tech granted to rank and file employees, after the grant of the option, employ- companies, the percentage of these top- which will help ensure that there are ees who are not highly compensated heavy plans is only 4 percent, and 73 no efforts to evade the purpose of this employees hold * * * share options percent of the plans provide options to legislation. which permit the acquisition of at all of the employees. For non-high tech The stock option grants are deemed least 50 percent of all shares which companies, the percentage of these top- to be broad-based when, immediately may be acquired * * *: heavy plans is 36 percent, and 29 per- after the grant of the options, employ- In my statement about this bill I cent of the plans provide options to all ees who are not highly compensated stated that the bill could ‘‘spur the of the employees. So the prevalence of employees hold share options that per- competitiveness and profitability of top-heavy plans seems to be con- mit the acquisition of at least 50 per- American companies by expanding the centrated in the non-high tech compa- cent of all shares that may be acquired number of employees in all industries nies. pursuant to all stock options out- who will have the opportunity to re- If options are justified as incentives standing (whether or not exercisable) ceive part of their remuneration in the for company performance and as a way as of such time. The bill does not reform of stock options.’’ I argued that of giving employees a stake in the quire that stock option grants be made that bill was appealing because it company performance, which I believe to literally every employee, but as a ‘‘America’s best companies learned they are, then this is not fair and not practical matter such grants to every long ago that the key to success in the appropriate. This is why we need to go employee may be necessary to meet

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00127 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7944 CONGRESSIONAL RECORD — SENATE August 1, 2002 the test. Requiring that all employees of highly compensated employees to uity interest in the company in ex- receive some options involves complex those contributed by and on behalf of change for consideration that is less issues about part-time employees and the non-highly compensated employ- than the fair market value of the eq- new employees. The 50 percent test is ees. As long as the difference between uity interest at the time of the ex- tough enough to ensure that the op- the percentages of these two groups is change. tions are broad-based. within the Internal Revenue Code’s This approval would apply to any The definition of a ‘‘highly com- guidelines, the plan retains its tax- stock option plan, not just a stock op- pensated employee’’ includes all em- qualified status. If the plan does not tion plan that meets the terms for a ployees who earn $90,000 or more and pass the tests, the plan must take cor- broad-based plan. are among the firm’s top 20 percent rective action or lose its tax-favored In securing this approval, prior to highest paid employees. This is similar status. submission of such plans to share- to the current test applied to prevent With regard to closely held corpora- holders for approval, the company ‘‘discrimination’’ in 401K plans. tions, the deduction for ordinary and must give its shareholders detailed in- In addition, under the legislation no necessary expenses is limited to ‘‘rea- formation about the stock option plans deduction is allowed if more than 5 per- sonable’’ compensation for services and grants, including (a) the economic cent of the total number of options is performed by the shareholders/employ- rationale and interest of shareholders granted to any one individual. And no ees. A corporation paying excessive in the plan or grant; (b) a detailed de- deduction is allowed if more than 15 compensation to a shareholder-em- scription of the anticipated distribu- percent of the stock option grants go ployee is required to reclassify the ex- tion of the plan or grant among direc- to the top 10 officers and directors of cess as a dividend (provided there are tors, officers, and employees and the the firm. adequate corporate earnings and prof- rationale such distribution; (c) the The legislation applies only to public its). This has unfavorable tax con- total number of options reserved or in- companies. The Treasury Department sequences, since dividends are not de- tended for grants to each director and shall issue regulations to implement ductible. In addition to an employee’s officer, and to different classes of em- this provision. The effective date is for salary, employer-provided benefits ployees; (d) the maximum potential fu- stock grants after December 31 of this should be considered in determining ture earnings per share dilution of in- year. During the remainder of the year, whether an employee’s compensation is vestors’ shareholdings assuming the corporations granting stock options reasonable. This includes pension and exercise of all in-the-money options must disclose grants in filings to the welfare benefits, as well as fringe bene- with no adjustment for the use of the SEC within 3 days. fits such as the use of a company car. Treasury stock method, as stock price To be clear, the legislation does not Finally, the 1993 Taxpayer’s Bill of varies; (e) the terms under which stock prevent a company from adopting a Rights enacted Section 4958 which im- option grants may be cancelled or re- stock option plan that does not meet poses an excise tax on transactions issued; and (f) the number, weighted the terms of this legislation. It simply that provide excessive economic bene- average exercise prices, and vesting denies them a tax deduction on the fits to top executives of non-profit schedule of all options previously ap- spread when they do so. This should en- charitable groups. The Internal Rev- proved or outstanding. sure that broad-based stock option enue Service finalized regulations im- The Commission shall ensure that all plans become the norm and that senior plementing this law on January 10, disclosures required by this Section executives do not hoard the options for 2001. The regulations define what con- shall increase the reliability and accu- themselves to the detriment of their stitutes excessive compensation and racy of information provided to share- companies and shareholders. benefits. holders and investors. There is ample precedent for the lim- The limitation on the deduction pro- Such shareholder approval require- itation on deductions. Deductions are posed in my legislation serves a con- ment may exempt stock option grants only permitted for ‘‘ordinary and nec- structive public policy purpose. The to individual employees under terms essary’’ business expenses and Congress only purpose of the limitation on de- and conditions specified by the Com- has frequently intervened to define duction we find in S. 1940, the lead bill mission. Such exemptions shall be what this means. There is no right for on expensing of stock options, is to co- available only where the grant is (1) corporations, or any other taxpayer, to erce companies into expensing their made to an individual who is not a di- avoid taxes on any and all expenses options at grant. If the companies do rector or officer of the company at the that they choose to incur. not expense options at grant, as S. 1940 time the grant is approved; (2) nec- There is also ample precedent for prefers that they do despite FASB’s essary, based on business judgment; (3) limiting the deduction for non-broad current rule that this is not necessary, represents a deminimus potential dilu- based stock option plans. We have then they lose their tax deduction. If tion of future earnings per share of in- similar limitations in the law defining this legislation is effective, and compa- vestors’ shareholdings; and (4) made on contributions for 401K plans, the com- nies are forced to expense their options terms disclosed to shareholders of the pensation in closely held corporations at grant, the likely result is that fewer grant that is made in the next filing is regulated to prevent abuse, and we options will be granted, especially to with the Securities and Exchange Com- have limits on excessive compensation rank and file employees, although not mission. paid to executives of non-profit enti- for top executives. My legislation is di- Such approval requirement may ex- tles. rected at protecting the stock options empt stock option plans and grants of To make sure that an employer’s of rank and file employees. any registrant that qualifies as a small 401(k) plan does not unfairly favor its In addition to ensuring that stock business issuer under applicable securi- higher-paid workers, there are also options are broad-based and perform- ties laws and regulations or to such ad- rules governing highly-compensated ance oriented and not just allocated to ditional small issuers as the Commis- employees or HCEs. The term highly- the top executives, we need to make sion determines would be unduly bur- compensated employees may include a sure that shareholders are involved in dened by such requirements as com- person who was a 5 percent owner at the decision to implement these stock pared to the benefit to shareholders. any time during the current or prior option plans. The Commission is authorized to phase year or an employee who earned more The legislation provides that not in the applicability of this rule both as than $90,000. An employee whose salary later than one year after the date of to the applicability and to its effective ranked in the top 20 percent of payroll enactment of this Act, the Commission date so that it can determine the size for the prior year might also be consid- shall finalize rules pursuant to the Se- of issuer to which this rule will apply ered an HCE. Generally, to make sure a curities and Exchange Act of 1934 to and the extent to which the rule should 401(k) plan is compliant, each year the ensure that shareholder approval is reapply to plans that exclude officers and plan must pass a non-discrimination quired for stock option plans and directors. test. grants, stock purchase plans, and other The bill also focuses on the issue of These tests generally compare the arrangements by public companies by the incentives stock options give to ex- amounts contributed by and on behalf which any person may acquire an eq- ecutives as they manage a company.

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00128 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 1, 2002 CONGRESSIONAL RECORD — SENATE S7945 Questions have been raised about I ask unanimous consent than the SEC. 2. DENIAL OF DEDUCTION FOR STOCK OP- whether the options are partly respon- TION PLANS DISCRIMINATING IN following outline of the legislation and FAVOR OF HIGHLY COMPENSATED sible for the deception and fraud that the text of the legislation be printed in EMPLOYEES. has occurred at Enron and other com- the RECORD. (a) IN GENERAL.—Section 162 of the Inter- panies. The charge is that the options There being no objection, the mate- nal Revenue Code of 1986 (relating to deduc- gave these executives an irresistible rial was ordered to be printed in the tion for trade and business expenses) is rationale to deceive shareholders and RECORD, as follows: amended by redesignating subsection (p) as subsection (q) and by inserting after sub- investors to pump up the stock price RANK AND FILE STOCK OPTION ACT section (o) the following new subsection: and increase the value of the options. Legislation focuses on three critical re- ‘‘(p) DEDUCTIBILITY OF STOCK OPTIONS NOT Charges have been made that these ma- form issues regarding stock options—dis- WIDELY AVAILABLE TO ALL EMPLOYEES.— nipulations were timed to occur imme- tribution, shareholder approval, and disposi- ‘‘(1) IN GENERAL.—If— diately before options were exercised tion by senior executives. ‘‘(A) an applicable taxpayer grants stock and shares were sold. Requiring expensing of stock options at options during any taxable year, and While there is intuitive appeal to this the time they are granted is likely to dis- ‘‘(B) the taxpayer fails to meet the overall courage the use of stock options, but it will concentration test of paragraph (2) or the in- argument, it is difficult to establish not prevent senior executives from hoarding the role of stock options in these acts dividual concentration tests of paragraph (3) options—it will probably encourage it. It will for such taxable year with respect to the of deceptions, fraud and manipulation. not give shareholders a greater say in ap- granting of such options, The concerns are sufficient, however, proving stock option plans and ensuring that then the deduction allowable to such tax- they are focused on effective incentives for that we need to turn to the Securities payer for any taxable year in which any such growth. And expensing will not address the and Exchange Commission to evaluate option is exercised shall be limited as pro- incentives that executives may have to ma- them and determine what restrictions vided in this subsection. nipulate earnings immediately prior to sell- might be imposed on the sale of stock ‘‘(2) OVERALL CONCENTRATION TEST.—If the ing shares acquired through a stock option acquired through stock options. The total number of shares which may be ac- plan. bill directs the SEC to conduct an anal- A. Broad-based Options. This provision of quired pursuant to options granted to appli- ysis and make regulatory and legisla- the bill is based on the structure and ele- cable highly compensated employees by an tive recommendations on the need for ments of a bill introduced by Senator LIE- applicable taxpayer during a taxable year exceeds 50 percent of the aggregate share new stock holding period requirements BERMAN on June 29, 1993, the ‘‘Equity Expan- for senior executives. The Commission sion Act,’’ S. 1175. amount, then the deduction allowable under this chapter with respect to the exercise of is directed to make recommendations This bill limits the ordinary and necessary business expense deduction attributed to the any option granted by the applicable tax- regarding minimum holding periods spread on the exercise of stock options to the payer during such taxable year to any em- after exercise of options to purchase extent stock option grants for the taxpayer ployee shall be reduced by the product of— stock and maximum percentage of are not broad-based. ‘‘(A) the amount of such deduction com- stock purchased through options that The stock option grants are deemed to be puted without regard to this subsection, and may be sold. These recommendations broad-based when, immediately after the ‘‘(B) a percentage equal to the number of would include transactions involving grant of the options, employees who are not percentage points (including any fraction sales to company, sales on public mar- highly compensated employees hold share thereof) by which such total number exceeds kets, and derivative sales. options that permit the acquisition of at 50 percent. least 50 percent of all shares that may be ac- ‘‘(3) INDIVIDUAL CONCENTRATION TESTS.— We need the expertise of the Commis- quired pursuant to all stock options out- ‘‘(A) OPTIONS GRANTED TO SINGLE EM- sion on this complicated issue. It would standing (whether or not exercisable) as of PLOYEE.—If the total number of shares which probably not be reasonable to bar ex- such time. The bill does not require that may be acquired pursuant to options granted ecutives from selling any shares during stock option grants be made to literally to any applicable highly compensated em- their employment with the firm. Ex- every employee, but as a practical matter ployee by an applicable taxpayer during a ecutives may need the proceeds of such grants to every employee may be nec- taxable year exceeds 5 percent of the aggre- these sales to finance the college edu- essary to meet the test. Requiring that all gate share amount, then no deduction shall cation of their children and many employees receive some options involves be allowable under this chapter with respect other completely legitimate reasons. complex issues about part-time employees to the exercise of any options granted by the and new employees. The 50% test is tough applicable taxpayer to such employee during The Commission is in a better position enough to ensure that the options are broad- such taxable year. to evaluate the incentives, the oppor- based. ‘‘(B) OPTIONS GRANTED TO TOP EMPLOYEES.— tunities for fraud, and other key fac- The definition of a highly compensated ‘‘(i) IN GENERAL.—If the total number of tual and policy questions. employee includes all employees who earn shares which may be acquired pursuant to Stock options have been under at- $90,000 or more and are among the firm’s top options granted to employees who are mem- tack. We need to focus on how to pre- 20 percent highest paid employees. This is bers of the top group by an applicable tax- vent abuse of stock options, not just similar to the current test applied to prevent payer during a taxable year exceeds 15 per- abandon these incentives. They are a ‘‘discrimination’’ in 401K plans. cent of the aggregate share amount, then no B. Shareholder Approval. The bill provides deduction shall be allowable under this chap- uniquely American idea, they provide a that not later than one year after the date of way to increase productivity and ter with respect to the exercise of any op- enactment of this Act, the Commission shall tions granted by the applicable taxpayer to broaden the winner’s circle. As with finalize rules pursuant to the Securities and such employees during such taxable year. any economic incentive, they can be Exchange Act of 1934 to ensure that share- ‘‘(ii) TOP GROUP.—For purposes of this sub- abused and we need to focus on these holder approval is required for stock option paragraph, an employee shall be treated as a abuses. By reforming stock options, we plans and grants, stock purchase plans, and member of the top group if the employee is can ensure that these incentives will be other arrangements by public companies by a covered employee (within the meaning of even more effective. which any person may acquire an equity in- section 162(m)(3)). I believe that the reforms I have pro- terest in the company in exchange for con- ‘‘(C) EXCEPTION.—Subparagraphs (A) and sideration that is less than the fair market posed will address the abuses we have (B) shall not apply to any taxable year if the value of the equity interest at the time of applicable taxpayer granted an equal number seen. It is unfortunate that the ac- the exchange. counting for stock options has become of identical options to each employee with- C. Holding Period For Executives. Finally, out regard to whether the employee was a surrogate for any and all issues re- the bill requires the Securities and Exchange highly compensated or not. garding stock options. I continue to be- Commission to conduct an analysis and ‘‘(4) RULES RELATING TO TESTS.—For pur- lieve that accounting for stock options make regulatory and legislative rec- poses of this subsection— as an expense at the time they are ommendations on the need for new stock ‘‘(A) AGGREGATE SHARE AMOUNT.— holding period requirements for senior ex- granted is not appropriate or possible. ‘‘(i) IN GENERAL.—The aggregate share ecutives to reduce incentives for earnings amount for any taxable year is the total But irrespective of the outcome of this manipulations. debate, the reforms I have proposed number of shares which may be acquired pur- S. 2877 here address the real issues, the real suant to options granted to all employees by Be it enacted by the Senate and House of Rep- an applicable taxpayer during the taxable abuses, and the real opportunities to resentatives of the United States of America in year. ensure that stock options continue to Congress assembled, ‘‘(ii) CERTAIN OPTIONS DISREGARDED.—Ex- provide a powerful incentive in favor of SECTION 1. SHORT TITLE. cept as provided in regulations, if the terms economic growth and democratic cap- This Act may be cited as the ‘‘Rank and of any option granted to an employee other italism. File Stock Option Act of 2002’’. than a highly compensated employee during

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00129 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7946 CONGRESSIONAL RECORD — SENATE August 1, 2002 any taxable year are not substantially the shareholdings, assuming the exercise of all SECTION 1. SHORT TITLE; TABLE OF CONTENTS; same as, or more favorable than, the terms in-the-money options with no adjustment for REFERENCES. of any option granted to any highly com- the use of the Treasury stock method, as (a) SHORT TITLE.—This Act may be cited as pensated employee, then such option shall stock price varies; the ‘‘Fair Treatment and Due Process Pro- not be taken into account in determining the (E) the terms under which stock option tection Act of 2002’’. aggregate share amount. grants may be canceled or reissued; and (b) TABLE OF CONTENTS.—The table of con- ‘‘(B) OPTIONS GRANTED ON DIFFERENT CLASS- (F) the number, weighted average exercise tents of this Act is as follows: ES OF STOCK.—Except as provided in regula- prices, and vesting schedule of all options Sec. 1. Short title; table of contents; ref- tions, this subsection shall be applied sepa- previously approved or outstanding. erences. rately with respect to each class of stock for (b) RELIABILITY AND ACCURACY.—The Com- TITLE I—ACCESS TO TRANSLATION which options are granted. mission shall ensure that all disclosures re- SERVICES AND LANGUAGE EDUCATION ‘‘(5) DEFINITIONS AND SPECIAL RULES.—For quired by this section shall increase the reli- PROGRAMS purposes of this subsection— ability and accuracy of information provided Sec. 101. Provision of interpretation and ‘‘(A) APPLICABLE TAXPAYER.—The term ‘ap- to shareholders and investors. translation services. plicable taxpayer’ means any taxpayer which (c) EXEMPTION AUTHORITY.—Shareholder Sec. 102. Assisting families with limited is an issuer (as defined in section 3 of the Se- approval rules issued in accordance with this English proficiency. curities Exchange Act of 1934; 15 U.S.C. 78c)— section— TITLE II—SANCTIONS AND DUE PROCESS ‘‘(i) the securities of which are registered (1) may exempt stock option grants to in- PROTECTIONS under section 12 of that Act (15 U.S.C. 78l), or dividual employees under terms and condi- Sec. 201. Sanctions and due process protec- ‘‘(ii) which— tions specified by the Commission, except tions. ‘‘(I) is required to file reports pursuant to that such exemptions shall be available only section 15(d) of that Act (15 U.S.C. 78o(d)), or TITLE III—DATA COLLECTION AND in cases in which the grant— REPORTING REQUIREMENTS ‘‘(II) will be required to file such reports at (A) is made to an individual who is not a Sec. 301. Data collection and reporting re- the end of a fiscal year of the issuer in which director or officer of the company at the quirements. a registration statement filed by such issuer time the grant is approved; Sec. 302. Enhancement of understanding of has become effective pursuant to the Securi- (B) is necessary, based on business judg- the reasons individuals leave ties Act of 1933 (15 U.S.C. 77a et seq.), unless ment; its securities are registered under section 12 State TANF programs. (C) represents a de minimus potential dilu- Sec. 303. Longitudinal studies of TANF ap- of the Securities Exchange Act of 1934 (15 tion of future earnings per share of inves- U.S.C. 78c) on or before the end of such fiscal plicants and recipients. tors’ shareholdings; and Sec. 304. Protection of individual privacy. year. (D) is made on terms disclosed to share- TITLE IV—EFFECTIVE DATE ‘‘(B) APPLICABLE HIGHLY COMPENSATED EM- holders in the next filing with the Commis- PLOYEE.—The term ‘applicable highly com- sion; and Sec. 401. Effective date. pensated employee’ means— (2) may exempt stock option plans and (c) REFERENCES.—Except as otherwise ex- ‘‘(i) any highly compensated employee who grants of any registrant that qualifies as a pressly provided, wherever in this Act an is described in subparagraph (B) of section small business issuer under applicable secu- amendment or repeal is expressed in terms of 414(q)(1), and rities laws and regulations, or to such addi- an amendment to, or repeal of, a section or ‘‘(ii) any director of the applicable tax- tional small issuers as the Commission de- other provision, the amendment or repeal payer. termines would be unduly burdened by such shall be considered to be made to a section ‘‘(C) INCENTIVE STOCK OPTIONS NOT TAKEN requirements as compared to the benefit to or other provision of the Social Security INTO ACCOUNT.—An incentive stock option (as shareholders, except that such exemption Act. defined in section 422(b)) shall not be taken may be phased in, both as to applicability TITLE I—ACCESS TO TRANSLATION SERV- into account for purposes of applying this and to its effective date, so that the Commis- ICES AND LANGUAGE EDUCATION PRO- section. sion may determine the size of issuer to GRAMS ‘‘(D) AGGREGATION.—All corporations which such exemptions will apply and the ex- SEC. 101. PROVISION OF INTERPRETATION AND which are members of an affiliated group of tent to which the rule should apply to plans TRANSLATION SERVICES. corporations filing a consolidated return that exclude officers and directors. (a) IN GENERAL.—Section 408(a) (42 U.S.C. shall be treated as 1 taxpayer. SEC. 4. HOLDING PERIOD FOR EXECUTIVES. 608(a) is amended by adding at the end the ‘‘(6) REGULATIONS.—The Secretary shall following: Not later than 1 year after the date of en- prescribe such regulations as may be nec- ‘‘(12) PROVISION OF INTERPRETATION AND actment of this Act, the Securities and Ex- essary to carry out the purposes of this sub- TRANSLATION SERVICES.—A State to which a section, including regulations to prevent the change Commission shall conduct an anal- grant is made under section 403(a) for a fiscal avoidance of this subsection through the use ysis of, and make regulatory and legislative year shall, with respect to the State program of phantom stock, restricted stock, or simi- recommendations on, the need for new stock funded under this part and all programs lar instruments.’’ holding period requirements for senior ex- funded with qualified State expenditures (as (b) EFFECTIVE DATE.—The amendments ecutives, including— defined in section 409(a)(7)(B)(i)), provide ap- made by this section shall apply to taxable (1) recommendations to set minimum hold- propriate interpretation and translation years beginning after December 31, 2002. ing periods after the exercise of options to services to individuals who lack English pro- SEC. 3. SHAREHOLDER APPROVAL. purchase stock and to set a maximum per- ficiency if the number or percentage of percentage of stock purchased through options (a) RULES REQUIRED.—Not later than 1 year sons lacking English proficiency meets the after the date of enactment of this Act, the that may be sold; and standards established under section 272.4(b) Securities and Exchange Commission shall (2) an analysis of sales to company, sales of title 7 of the Code of Federal Regulations finalize rules pursuant to the Securities Ex- on public markets, and derivative sales. (as in effect on the date of enactment of this change Act of 1934 to ensure that— paragraph).’’. (1) shareholder approval is required for By Mr. FEINGOLD: (b) PENALTY.—Section 409(a) (42 U.S.C. stock option plans and grants, stock pur- S. 2878. A bill to amend part A of 609(a)) is amended by adding at the end the chase plans, and other arrangements by pub- title IV of the Social Security Act to following: lic companies by which any person may ac- ensure fair treatment and due process ‘‘(15) PENALTY FOR FAILURE TO PROVIDE IN- quire an equity interest in the company in protections under the temporary as- TERPRETATION AND TRANSLATION SERVICES.— exchange for consideration that is less than ‘‘(A) IN GENERAL.—If the Secretary deter- the fair market value of the equity interest sistance to needy families program, to mines that a State to which a grant is made at the time of the exchange; and facilitate enhanced data collection and under section 403 in a fiscal year has violated (2) prior to submission of such plans to reporting requirements under that pro- section 408(a)(12) during the fiscal year, the shareholders for approval, such shareholders gram, and for other purposes; to the Secretary shall reduce the grant payable to are given detailed information about the Committee on Finance. the State under section 403(a)(1) for the im- stock option plans and grants, including— Mr. FEINGOLD. Mr. President, I ask mediately succeeding fiscal year by an (A) the economic rationale and interest of amount equal to up to 5 percent of the State shareholders in the plan or grant; unanimous consent that the text of the family assistance grant. (B) a detailed description of the antici- bill be printed in the RECORD. ‘‘(B) PENALTY BASED ON SEVERITY OF FAIL- pated distribution of the plan or grant There being no objection, the bill was URE.—The Secretary shall impose reductions among directors, officers, and employees and ordered to be printed in the RECORD, as under subparagraph (A) with respect to a fis- the rationale of such distribution; follows: cal year based on the degree of noncompli- (C) the total number of options reserved or ance.’’. S. 2878 intended for grants to each director and offi- SEC. 102. ASSISTING FAMILIES WITH LIMITED cer, and to different classes of employees; Be it enacted by the Senate and House of Rep- ENGLISH PROFICIENCY. (D) the maximum potential future earnings resentatives of the United States of America in (a) IN GENERAL.—Section 407(c)(2) is per share dilution of investors’ Congress assembled, amended by adding at the end the following:

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‘‘(E) INDIVIDUALS WITH LIMITED ENGLISH imposed shall review the determination and ‘‘(A) IN GENERAL.—If the Secretary deter- PROFICIENCY.—In the case of an adult recipi- have the authority to take the actions de- mines that a State to which a grant is made ent who lacks English language proficiency, scribed in subclause (II); and under section 403 in a fiscal year has violated as defined by the State, the State shall— ‘‘(bb) the individual or family against section 408(a)(13) during the fiscal year, the ‘‘(i) advise the adult recipient of available whom the sanction is to be imposed shall be Secretary shall reduce the grant payable to programs or activities in the community to afforded the opportunity to meet with the the State under section 403(a)(1) for the im- address the recipient’s education needs; individual who, as provided for in item (aa), mediately succeeding fiscal year by an ‘‘(ii) if the adult recipient elects to partici- is reviewing the determination with respect amount equal to up to 5 percent of the State pate in such a program or activity, allow the to the sanction. family assistance grant. recipient to participate in such a program or ‘‘(II) An individual to which this subclause ‘‘(B) PENALTY BASED ON SEVERITY OF FAIL- activity; and applies may— URE.—The Secretary shall impose reductions ‘‘(iii) consider an adult recipient who par- ‘‘(aa) modify the determination to impose under subparagraph (A) with respect to a fis- ticipates in such a program or activity on a a sanction; cal year based on the degree of noncompli- satisfactory basis as being engaged in work ‘‘(bb) determine that there was good cause ance.’’. for purposes of determining monthly partici- for the individual or family’s failure to com- (c) STATE PLAN REQUIREMENT TO DESCRIBE pation rates under this section, except that ply; HOW STATES WILL NOTIFY APPLICANTS AND the State— ‘‘(cc) recommend modifications to the indi- RECIPIENTS OF THEIR RIGHTS UNDER THE PRO- ‘‘(I) may elect to require additional hours vidual’s individual responsibility or employ- GRAM AND OF POTENTIAL BENEFITS AND SERV- of participation or activity if necessary to ment plan; and ICES AVAILABLE UNDER THE PROGRAM.—Sec- ensure that the recipient is participating in ‘‘(dd) make such other determinations and work-related activities for a sufficient num- take such other actions as may be appro- tion 402(a)(1)(B)(iii) (42 U.S.C. ber of hours to count as being engaged in priate under the circumstances. 602(a)(1)(B)(iii)) is amended by inserting ‘‘, work under this section; and ‘‘(iii) The review required under clause (ii) and will notify applicants and recipients of ‘‘(II) shall attempt to ensure that any addi- shall include consideration of the following: assistance under the program of the rights of tional hours of participation or activity do ‘‘(I) To the extent applicable, whether bar- individuals under all laws applicable to pro- not unreasonably interfere with the edu- riers to compliance exist, such as a physical gram activities and of all potential benefits cation activity of the recipient.’’. or mental impairment, including mental ill- and services available under the program’’ (b) PENALTY.—Section 409(a) (42 U.S.C. ness, substance abuse, mental retardation, a before the period. learning disability, domestic or sexual vio- 609(a)), as amended by section 101(b), is (d) REQUIREMENT TO PROVIDE NOTICE TO lence, limited proficiency in English, limited amended by adding at the end the following: APPLICANTS AND RECIPIENTS OF RIGHTS AND ‘‘(16) PENALTY FOR FAILURE TO PROVIDE IN- literacy, homelessness, or the need to care for a child with a disability or health condi- OF POTENTIAL PROGRAM BENEFITS AND SERV- TERPRETATION AND TRANSLATION SERVICES.— ICES, AND TO TRAIN PROGRAM PERSONNEL TO ‘‘(A) IN GENERAL.—If the Secretary deter- tion, that contributed to the noncompliance of the person. RESPECT SUCH RIGHTS.— mines that a State to which a grant is made (1) IN GENERAL.—Section 408(a) (42 U.S.C. under section 403 in a fiscal year has violated ‘‘(II) Whether the individual or family’s failure to comply resulted from failure to re- 608(a)), as amended by subsection (a), is section 407(c)(2)(E) during the fiscal year, the amended by adding at the end the following: Secretary shall reduce the grant payable to ceive or have access to services previously identified as necessary in an individual re- ‘‘(14) REQUIREMENT TO PROVIDE NOTICE TO the State under section 403(a)(1) for the im- APPLICANTS AND RECIPIENTS OF RIGHTS AND OF mediately succeeding fiscal year by an sponsibility or employment plan. ‘‘(III) Whether changes to the individual POTENTIAL PROGRAM BENEFITS AND SERVICES, amount equal to up to 5 percent of the State AND TO TRAIN PROGRAM PERSONNEL TO RE- family assistance grant. responsibility or employment plan should be made in order for the individual to comply SPECT SUCH RIGHTS.—A State to which a ‘‘(B) PENALTY BASED ON SEVERITY OF FAIL- with program requirements. grant is made under section 403 shall— URE.—The Secretary shall impose reductions ‘‘(IV) Whether the individual or family has ‘‘(A) notify each applicant for, and each re- under subparagraph (A) with respect to a fis- good cause for any noncompliance. cipient of, assistance under the State pro- cal year based on the degree of noncompli- ‘‘(V) Whether the State’s sanction policies gram funded under this part or under a pro- ance.’’. have been applied properly. gram funded with qualified State expendi- TITLE II—SANCTIONS AND DUE PROCESS ‘‘(B) SANCTION FOLLOW-UP REQUIREMENTS.— tures (as defined in section 409(a)(7)(B)(i)) of PROTECTIONS If a State imposes a sanction on a family or the rights of applicants and recipients under SEC. 201. SANCTIONS AND DUE PROCESS PRO- individual for failing to comply with pro- all laws applicable to the activities of such TECTIONS. gram requirements, the State shall— program (including the right to claim good (a) IN GENERAL.—Section 408(a) (42 U.S.C. ‘‘(i) provide or send notice to the indi- cause exceptions to program requirements), 608(a)), as amended by section 101(a), is vidual or family, in language calculated to and shall provide the notice— amended by adding at the end the following: be understood by the individual or family, ‘‘(i) to a recipient when the recipient first ‘‘(13) SANCTION PROCEDURES.— and, if the individual’s or family’s native receives assistance, benefits, or services ‘‘(A) PRE-SANCTION REVIEW PROCESS.—Prior language is not English, through a culturally under the program; to the imposition of a sanction against an incompetent translation, of the reason for the ‘‘(ii) to all such recipients on a semiannual dividual or family receiving assistance under sanction and the steps the individual or fam- basis; and the State program funded under this part or ily must take to end the sanction; ‘‘(iii) orally and in writing, in the native under a program funded with qualified State ‘‘(ii) resume the individual’s or family’s language of the recipient and at not higher expenditures (as defined in section full assistance, services, or benefits provided than a 6th grade level, and, if the recipient’s 409(a)(7)(B)(i)) for failure to comply with pro- under this program (provided that the indi- native language is not English, through a gram requirements, the State shall take the vidual or family is otherwise eligible for culturally competent translation; and following steps: such assistance, services, or benefits) once ‘‘(B) train all program personnel on a reg- ‘‘(i) Provide or send notice to the indi- the individual who failed to meet program ular basis regarding how to carry out the vidual or family, and, if the recipient’s na- requirements that led to the sanction com- program consistent with such rights.’’. tive language is not English, through a cul- plies with program requirements for a rea- (2) PENALTY.—Section 409(a) (42 U.S.C. turally competent translation, of the fol- sonable period of time, as determined by the 609(a)), as amended by subsection (b), is lowing information: State and subject to State discretion to re- amended by adding at the end the following: ‘‘(I) The specific reason for the proposed duce such period; ‘‘(18) PENALTY FOR FAILURE TO PROVIDE NO- sanction. ‘‘(iii) if assistance, services, or benefits TICE TO APPLICANTS AND RECIPIENTS OF RIGHTS ‘‘(II) The amount of the proposed sanction. have not resumed, as of the period that be- AND OF POTENTIAL PROGRAM BENEFITS AND ‘‘(III) The length of time during which the gins on the date that is 60 days after the date SERVICES, AND TO TRAIN PROGRAM PERSONNEL proposed sanction would be in effect. on which the sanction was imposed, and end TO RESPECT SUCH RIGHTS.— ‘‘(IV) The steps required to come into com- on the date that is 120 days after such date, ‘‘(A) IN GENERAL.—If the Secretary deter- pliance or to show good cause for noncompli- provide notice to the individual or family, in mines that a State to which a grant is made ance. language calculated to be understood by the under section 403 in a fiscal year has violated ‘‘(V) That the agency will provide assist- individual or family, of the steps the indi- section 408(a)(14) during the fiscal year, the ance to the individual in determining if good vidual or family must take to end the sanc- Secretary shall reduce the grant payable to cause for noncompliance exists, or in coming tion, and of the availability of assistance to the State under section 403(a)(1) for the im- into compliance with program requirements. come into compliance or demonstrate good mediately succeeding fiscal year by an ‘‘(VI) That the individual may appeal the cause for noncompliance with program re- amount equal to up to 5 percent of the State determination to impose a sanction, and the quirements.’’. family assistance grant. steps that the individual must take to pur- (b) PENALTY.—Section 409(a) (42 U.S.C. ‘‘(B) PENALTY BASED ON SEVERITY OF FAIL- sue an appeal. 609(a)), as amended by section 102(b), is URE.—The Secretary shall impose reductions ‘‘(ii)(I) Ensure that, subject to clause (iii)— amended by adding at the end the following: under subparagraph (A) with respect to a fis- ‘‘(aa) an individual other than the indi- ‘‘(17) PENALTY FOR FAILURE TO FOLLOW cal year based on the degree of noncompli- vidual who determined that a sanction be SANCTION PROCEDURES.— ance.’’.

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TITLE III—DATA COLLECTION AND uals leave State programs funded under this ‘‘(2) REQUIREMENTS.—The studies con- REPORTING REQUIREMENTS part. In developing such list, the Secretary ducted under this subsection shall— SEC. 301. DATA COLLECTION AND REPORTING shall consider the full range of reasons for ‘‘(A) follow families that cease to receive REQUIREMENTS. case closures, including the following: assistance, families that receive assistance Section 411(a)(1) (42 U.S.C. 611(a)(1)) is ‘‘(I) Lack of access to specific programs or throughout the study period, and families di- amended— services, such as child care, transportation, verted from assistance programs; and (1) in subparagraph (A)— or English as a second language classes for ‘‘(B) collect information on— (A) in the matter preceding clause (i), by individuals with limited English proficiency. ‘‘(i) family and adult demographics (in- striking ‘‘(except for information relating to ‘‘(II) The medical or health problems of a cluding race, ethnicity or national origin, activities carried out under section recipient. primary language, gender, barriers to em- 403(a)(5))’’ and inserting ‘‘, and, in complying ‘‘(III) The family responsibilities of a re- ployment, educational status of adults, prior with this requirement, shall ensure that cipient, such as caring for a family member work history, prior history of welfare re- such information is reported in a manner with a disability. ceipt); that permits analysis of the information by ‘‘(IV) Changes in eligibility status. ‘‘(ii) family income (including earnings, race, ethnicity or national origin, primary ‘‘(V) Other administrative reasons. unemployment compensation, and child support); language, gender, and educational level, in- ‘‘(ii) OTHER REQUIREMENTS.—The list re- ‘‘(iii) receipt of assistance, benefits, or cluding analysis using a combination of quired under clause (i) shall be developed services under other needs-based assistance these factors, and that all data, including with the goal of substantially reducing the programs (including the food stamp program, Federal, State, and local data (whether col- number of case closures under the State pro- the medicaid program under title XIX, lected by public or private local agencies or grams funded under this part for which a earned income tax credits, housing assist- entities that administer or operate the State reason is not known. ance, and the type and amount of any child program funded under this part) is made pub- ‘‘(iii) PUBLIC COMMENT.—The Secretary care); lic and easily accessible’’; shall promulgate for public comment regula- ‘‘(iv) the reasons for leaving or returning (B) by striking clause (v) and inserting the tions that— to needs-based assistance programs; following: ‘‘(I) list the case closure reasons developed under clause (i); ‘‘(v) work participation status and activi- ‘‘(v) The employment status, occupation ties (including the scope and duration of (as defined by the most current Federal ‘‘(II) require States, not later than October 1, 2004, to use such reasons in accordance work activities and the types of industries Standard Occupational Classification sys- and occupations for which training is pro- tem, as of the date of the collection of the with subparagraph (A)(xvi); and ‘‘(III) require States to report on efforts to vided); data), and earnings of each employed adult ‘‘(vi) sanction status (including reasons for in the family.’’; improve State tracking of reasons for case closures, including the identification of addi- sanction); (C) in clause (vii), by striking ‘‘and edu- ‘‘(vii) time limit for receipt of assistance cational level’’ and inserting ‘‘, educational tional reasons for case closures not included on the list developed under clause (i). status (including months remaining with re- level, and primary language’’; spect to such time limit); (D) in clause (viii), by striking ‘‘and edu- ‘‘(iv) REVIEW AND MODIFICATION.—The Sec- retary, through consultation and analysis of ‘‘(viii) recipient views regarding program cational level’’ and inserting ‘‘, educational participation; and quarterly State reports submitted under this level, and primary language’’; and ‘‘(ix) measures of income change, poverty, paragraph, shall review on an annual basis (E) in clause (xi), in the matter preceding extreme poverty, food security and use of whether the list of case closure reasons de- subclause (I), by inserting ‘‘, including, to food pantries and soup kitchens, homeless- veloped under clause (i) requires modifica- the extent such information is available, in- ness and the use of shelters, and other meas- tion and, to the extent the Secretary deter- formation on the specific type of job, or edu- ures of family well-being and hardship over a mines that modification of the list is nec- cation or training program’’ before the semi- 5-year period. essary, shall publish proposed modifications colon; ‘‘(3) COMPARABILITY OF RESULTS.—The Sec- for notice and comment, prior to the modi- (2) by redesignating subparagraph (B) as retary shall, to the extent possible, ensure subparagraph (C); and fications taking effect.’’. that the studies conducted under this sub- (3) by inserting after subparagraph (A), the (b) INCLUSION IN QUARTERLY STATE RE- section produce comparable results and in- following: PORTS.—Section 411 (a)(1)(A) (42 U.S.C. formation. ‘‘(B) INFORMATION REGARDING APPLICANTS.— 611(a)(1)(A)) is amended— ‘‘(4) REPORTS.— ‘‘(i) IN GENERAL.—Each eligible State shall (1) in clause (xvi)— ‘‘(A) INTERIM REPORTS.—Not later than Oc- collect on a monthly basis, and report to the (A) in subclause (IV), by striking ‘‘or’’ at tober 1, 2005, the Secretary shall publish in- Secretary on a quarterly basis, the end; terim findings from at least 12 months of disaggregated case record information on the (B) in subclause (V), by striking the period longitudinal data collected under the studies number of individuals who apply for but do and inserting ‘‘; or’’; and conducted under this subsection. not receive assistance under the State pro- (C) by adding at the end the following: ‘‘(B) SUBSEQUENT REPORTS.—Not later than gram funded under this part, the reason such ‘‘(VI) a reason specified in the list devel- October 1, 2007, the Secretary shall publish assistance were not provided, and the overall oped under subparagraph (C), including any findings from at least 36 months of longitu- percentage of applications for assistance modifications of such list.’’; dinal data collected under the studies con- that are approved compared to those that (2) by redesignating clause (xvii) as clause ducted under this subsection.’’. are disapproved with respect to such month. (xviii); and (b) ANNUAL REPORT TO CONGRESS.— ‘‘(ii) REQUIREMENT.—In complying with (3) by inserting after clause (xvi), the fol- (1) IN GENERAL.—Section 411(b) (42 U.S.C. clause (i), each eligible State shall ensure lowing: 611(b)) is amended— that the information required under that ‘‘(xvii) The efforts the State is under- (A) in paragraph (2)— clause is reported in a manner that permits taking, and the progress with respect to such (i) by inserting ‘‘(including types of sanc- analysis of such information by race, eth- efforts, to improve the tracking of reasons tions or other grant reductions)’’ after ‘‘fi- nicity or national origin, primary language, for case closures.’’. nancial characteristics’’; and gender, and educational level, including SEC. 303. LONGITUDINAL STUDIES OF TANF AP- (ii) by inserting ‘‘, disaggregated by race, analysis using a combination of these fac- PLICANTS AND RECIPIENTS. ethnicity or national origin, primary lan- tors.’’. (a) IN GENERAL.—Section 413 (42 U.S.C. 613) guage, gender, education level, and, with re- SEC. 302. ENHANCEMENT OF UNDERSTANDING is amended by striking subsection (d) and inspect to closed cases, the reason the case was OF THE REASONS INDIVIDUALS serting the following: closed’’ before the semicolon; LEAVE STATE TANF PROGRAMS. ‘‘(d) LONGITUDINAL STUDIES OF APPLICANTS (B) in paragraph (3), by striking ‘‘and’’ at (a) CASE CLOSURE REASONS.—Section AND RECIPIENTS TO DETERMINE THE FACTORS the end; 411(a)(1) (42 U.S.C. 611(a)(1)), as amended by THAT CONTRIBUTE TO POSITIVE EMPLOYMENT (C) in paragraph (4), by striking the period section 301, is amended— AND FAMILY OUTCOMES.— and inserting ‘‘; and’’; and (1) by redesignating subparagraph (C) (as ‘‘(1) IN GENERAL.—The Secretary, directly (D) by adding at the end the following: redesignated by such section 301) as subpara- or through grants, contracts, or interagency ‘‘(5) the economic well-being of children graph (D); and agreements, shall conduct longitudinal stud- and families receiving assistance under the (2) by inserting after subparagraph (B) (as ies in at least 5, and not more than 10, States State programs funded under this part and of added by such section 301) the following: (or sub-State areas, except that no such area children and families that have ceased to re- ‘‘(C) DEVELOPMENT OF COMPREHENSIVE LIST shall be located in a State in which a State- ceive such assistance, using longitudinal OF CASE CLOSURE REASONS.— wide study is being conducted under this matched data gathered from federally sup- ‘‘(i) IN GENERAL.—The Secretary shall de- paragraph) of a representative sample of ported programs, and including State-by- velop, in consultation with States and indi- families that receive, and applicants for, as- State data that details the distribution of viduals or organizations with expertise resistance under a State program funded under earnings and stability of employment of such lated to the provision of assistance under the this part or under a program funded with families and (to the extent feasible) de- State program funded under this part, a qualified State expenditures (as defined in scribes, with respect to such families, the comprehensive list of reasons why individ- section 409(a)(7)(B)(i)). distribution of income from known sources

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00132 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 1, 2002 CONGRESSIONAL RECORD — SENATE S7949 (including employer-reported wages, assist- ous skirmishes. Like many soldiers For these and many other reasons, ance under the State program funded under who served at Fort Bayard, some of the believe it is clear that Fort Bayard is this part, and benefits under the food stamp Buffalo Soldiers remained in the area historically significant and merits rec- program), the ratio of such families’ income following their discharge. Lines of ognition as a national historic land- to the poverty line, and the extent to which such families receive or received noncash headstones noting the names of men mark. Fort Bayard illuminates a rich benefits and child care assistance, and their various Buffalo Soldier units and complex story that is important to disaggregated by race, ethnicity or national remain in the older section of what is the entire nation. origin, primary language, gender, education now the National Cemetery. In 1992, level, whether the case remains open, and, these soldiers were recognized for their By Mr. CRAIG: with respect to closed cases, the reason the bravery when a Buffalo Soldier Memo- S. 2883. A bill to allow States to de- case was closed.’’. rial statue was dedicated at the center sign a program to increase parental (2) CONFORMING AMENDMENTS.—Section of the Fort Bayard parade ground. It choice in special education, to fully 411(a) (42 U.S.C. 611(a)) is amended— gradually became apparent that the fund the Federal share of part B of the (A) by redesignating paragraph (7) as para- Individuals with Disabilities Education graph (8); and Army’s extensive frontier fort system (B) by inserting after paragraph (6), the was no longer necessary. By 1890, it was Act, to help States reduce paperwork following: clear that the era of the western fron- requirements under part B of such Act, ‘‘(7) REPORT ON ECONOMIC WELL-BEING OF tier, at least from the Army’s perspec- and for other purposes; to the Com- CURRENT AND FORMER RECIPIENTS.—The re- tive, had ended. Fort Bayard was mittee on Health, Education, Labor, port required by paragraph (1) for a fiscal scheduled for closure in 1899. and Pensions. quarter shall include for that quarter such Even as the last detachment of the Mr. CRAIG. Mr. President, I intro- information as the Secretary may specify in 9th U.S. Cavalry prepared to depart the duce The Choice IDEA Act, which order for the Secretary to include in the an- discontinued post, new Federal occu- would reform the Individuals with Dis- nual reports to Congress required under sub- abilities Education Act, IDEA. The fed- section (b) the information described in pants were arriving at Fort Bayard. On paragraph (5) of that subsection.’’. August 28, 1899, the War Department eral government began dealing with SEC. 304. PROTECTION OF INDIVIDUAL PRIVACY. authorized the surgeon-general to es- special education in the 1970’s, and on Section 411 of the Social Security Act (42 tablish a general hospital for use as a the whole what has come to be known U.S.C. 611) is amended by adding at the end military sanatorium. This would be the as IDEA had proven to be a remarkable the following: first sanatorium dedicated to the treat- success. Before federal legislation, ‘‘(c) PROTECTION OF INDIVIDUAL PRIVACY.— ment of officers and enlisted men of many times a child with a disability With respect to any information concerning the Army suffering form pulmonary tu- received little or no education. And if individuals or families receiving assistance, berculosis. At 6,100 ft. and with a dry, the child did receive an education, it or applying for assistance, under the State sunny climate, the fort lay within was often sub-standard. IDEA has un- programs funded under this part that is publicly disclosed by the Secretary, the Sec- what proponents of climatological doubtedly been a success, and you will retary shall ensure that such disclosure is therapy termed the ‘‘zone of immu- find no stronger champion of educating made in a manner that protects the privacy nity.’’ By 1919, the cumulative effect of the disabled than I. However, the suc- of such individuals and families.’’. over 15 years of construction and im- cess of IDEA should not blind us to the TITLE IV—EFFECTIVE DATE provement projects was the creation of problems it, in its current form, SEC. 401. EFFECTIVE DATE. a small, nearly self-sufficient commu- causes. The amendments made by this Act take ef- nity. These problems come up every time I fect on October 1, 2002. In 1920, the War Department closed meet with educators and education ad- the sanatorium and the United States ministrators from my state. When we By Mr. BINGAMAN: Public Health Service assumed control sit down and discuss what we in the S. 2880. A bill to designate Fort Bay- of the facility. A second phase occurred federal government can do for them, ard Historic District in the State of in 1922 when a new agency, the Vet- the discussion invariably turns to New Mexico as a National Historic erans’ Bureau, was created within the IDEA. These educators and school per- Landmark, and for other purposes; to Treasury Department and charged with sonnel want two things: full funding of the Committee on Energy and Natural operating hospitals throughout the the federal government’s share of Resources country whose clientele were veterans IDEA, like we promised back in the Mr. BINGAMAN. Mr. President, I in- requiring medical services. As a result, 1970’s, and a reduction in paperwork. I troduce legislation to designate Fort in the summer of 1922 the United have also talked to numerous parents Bayard in New Mexico as a national States General Hospital at Fort Bayard about their experiences with IDEA. historic landmark. I am excited to was transferred to the Veterans’ Bu- While many are happy with the current offer this bill because I believe that the reau and became known as United system, there are also many who are history of the fort deserves Federal States Veterans’ Hospital No. 55. Its dissatisfied and who want more control recognition. Fort Bayard is significant mission of treating those afflicted with and more choice over how their chil- not only for the role it played as a tuberculosis, however, remained the dren are educated. military post in fostering early settle- same. Some of the stories I hear are truly ment in the region, but for its role as By 1965, there was no longer a need incredible and illustrate the serious a nationally important tuberculosis for a tuberculosis facility located at a need for IDEA reform. For example, sanatorium and hospital. During the 99 high elevation in a dry climate, and there is a school district in North years spanning its establishment in the Veterans’ Administration decided Idaho—in a county which has had very 1866 through its closing as a Veterans to close the hospital in that year. How- high unemployment and below average Administration hospital in 1965, Fort ever, in part because of the concerns of per-capita income since the early Bayard served as the most prominent the local communities that depended 1990’s—which has well above the na- evidence of the Federal government’s upon the hospital, the State of New tional average of children in special role in Southwestern New Mexico. Fort Mexico assumed responsibility for the education. This district is doing a Bayard has recently been listed on the facility and 484 acres of the former great job educating those children, but National Register of Historic Places in military reservation. Since then, the the high costs associated with doing so, recognition of the historical signifi- State has used it for geriatric, as well and the time it takes to complete the cance of the site. as drug and alcohol rehabilitation and reams of paperwork that must be filled From 1866 to 1899, Fort Bayard func- orthopedic programs. Because of the out for every child, are severe drains tioned as an Army post while its sol- extensive cemetery dating to the fort on that district. I’ve also heard from a diers, many of them African-American, and sanatorium eras at Fort Bayard, school superintendent in Idaho who is or Buffalo Soldiers, protected settlers the State of New Mexico transferred 16 going through a particularly sticky working in nearby mining district. acres in 1975 for the creation of the due process hearing and who laments These Buffalo Soldiers were a mainstay Fort Bayard National Cemetery, ad- that the paperwork required by this of the Army during the late Apache ministered by the Veterans’ Adminis- hearing is costly, unnecessary, and wars and fought heroically in numer- tration. takes away teachers’ time from the

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00133 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7950 CONGRESSIONAL RECORD — SENATE August 1, 2002 classroom. Parents have also contacted of their students in special education To the contrary, the bill would help me with their stories of how school dis- hire para-professionals to help deal strengthen the transit program as a tricts have mistreated them and how with the paperwork. whole by providing that the mass Tran- they can only find the proper program The Choice IDEA Act is not intended sit Account of the Highway Trust Fund for their special child at a private to be the final say on IDEA reform. I is credited with the interest on its bal- school. The Choice IDEA Act would agree with many of the Presidential ance. This is a key provision in the help out these parents, teachers, and Commission’s suggestions for IDEA re- MEGA TRUST Act and is also included school administrators by fully funding authorization and hope to see them en- here in the MEGA RED TRANS Act. IDEA by Fiscal Year 2010, giving par- acted into law; however, this reauthor- Specifically, the bill would set mod- ents significantly more control over ization should include a provision giv- est minimum annual apportionments, how their children are educated, and by ing states the option of pursuing their by State, for the elderly and disabled reducing the onerous burden of paper- own reforms within the structure out- transit program, the rural transit pro- work that hampers the special edu- lined above. When the Senate begins gram, and for urbanized areas with a cation process. debating IDEA reauthorization, it is population of less than 200,000. The centerpiece of the bill is a pro- my hope that my bill will be considered It would ensure that each state gets posal to allow states to set up a special and the Senate will reform IDEA so a minimum of $11 million for these three programs. education system based on parental that the concept of ‘‘no child is left be- For my state of Montana that is dou- choice. States that want to reform hind’’ truly includes every child. would draw up a list of disability cat- ble what we get for those programs egories and how much it costs to edu- By Mr. BAUCUS (for himself, Mr. currently. For some other states it is more than four times what they re- cate and accommodate a child who has CRAPO, Mr. JOHNSON, Mr. THOM- ceive. AS, Mr. CRAIG, Mr. ENZI, Mr. that disability. The states would also The bill would also establish a $30 CONRAD, Mr. BINGAMAN, and Mr. draw up a menu outlining the edu- million program for essential bus serv- ALLARD): cational services each pubic school in ice, to help connect citizens in rural S. 2884. A bill to improve transit the state offers to children with those communities to the rest of the world disabilities, and how much those serv- service to rural areas, including for el- by facilitating transportation between ices costs. These services must equal derly and disabled; to the Committee rural areas and airports and passenger the quality of the services they offer on Banking, Housing, and Urban Af- rail stations. today, and the states’ programs would fairs. I am very aware of the role that pub- be approved by the Department of Edu- Mr. BAUCUS. Mr. President I intro- lic transit plays in the lives of rural cation. If the Department of Education duce a bill to help rural America. Now citizens and the elderly and disabled. approves a state’s plan, parents of spe- I am always trying to help Montana, When most people hear the word ‘‘tran- cial education children in that state but this bill will help every state. sit’’ they think of a light rail system. would get a voucher for each child to Today I introduce the MEGA RED But in rural areas transit translates to choose from schools’ menus to meet TRANS Act. Maximum Economic buses and vanpools. Take Elaine Miller the needs of their children. Or, if par- Growth for America Through Invest- for example. ents did not find satisfactory services ment in Rural, Elderly and Disabled Elaine is 73 years old and lives in from the public schools, they could Transit. Missoula, MT. She depends upon the take their vouchers to any private Quite simply, there are transit needs city’s Mountain Line public transit school that could meet their children’s not being met nationwide. This bill ad- system for virtually all of her trans- needs. dresses those needs. portation needs. ‘‘It’s my car!’’ she As you can see, parents would have This is the second bill in a series that says. the ultimate control over how their I am introducing to highlight my pro- Twelve years ago, Elaine suffered a child is educated. Since parents would posals on reauthorization of TEA 21— stroke and decided that it was simply have the option of taking their voucher the Transportation Equity Act for the too dangerous to drive anymore. Today and leaving a school if their child was 21st Century. she takes transit to the doctor and to not being educated properly, the due Last month I introduced the MEGA shop. She gets her prescriptions and process requirements under IDEA TRUST Act—Maximum Growth for meets family and friends, all using pub- would not be necessary and the school America Through the Highway Trust lic transit. personnel would have their paperwork Fund. Today its MEGA RED TRANS. As a regular rider, however, Elaine burden dramatically reduced. Parents The Maximum Economic Growth for also understands the current limita- and school personnel could work to- America Through Investment in Rural, tions of transit in Missoula. ‘‘Our bus gether to find a proper diagnosis for a Elderly and Disabled Transit Act or service here needs to offer more service, particularly on the weekends and student who had a disability and to MEGA RED TRANS Act would ensure, the evenings. I’d like to be able to take find the right ways to educate this that as Federal transit programs are reauthorized, increased funding is pro- the bus to church,’’ she says. child, instead of being forced into an The frequency of bus service in Mis- vided to meet the needs of the elderly adversarial relationship as they are soula, too, can often be an issue for and disabled and of rural and small today. Elaine. Last week, for example, she urban areas. It is important to point out, though, was left waiting more than two hours There is no question that our na- that this bill has no mandate on states at a local store for the next bus to take tion’s large metropolitan areas have that they must design the system out- her home. lined above. My bill would strengthen substantial transit needs that will re- ‘‘We seniors know how important the states’ rights by allowing states one ceive attention as transit reauthoriza- bus is to our quality of life. We really more option in dealing with special tion legislation is developed. But the need more bus service. Without the education. If states want to design transit needs of rural and smaller bus, I know that myself and others such a special education system, they areas, and of our elderly and disabled would just have to stay home,’’ says should have the freedom to do so. As citizens, also require additional atten- Elaine. welfare reform has shown us, states are tion and funding. For Elaine, increased Federal invest- often more innovative than the federal The bill would provide that addi- ment in public transit in Montana government in solving problems. This tional funding in a way that does not would mean increased bus service in bill would give them one more tool to impact other portions of the transit Missoula. Weekend service and in- deal with the problems that are associ- program. For example, while the bill creased frequency on current routes, ated with IDEA. would at least double every State’s she believes, are a great need. Another important provision of this funding for the elderly and disabled I’d like to discuss another example of bill is that it would set up a grant pro- transit program by FY 2004, nothing in how rural transit and transit for the el- gram (up to $1 million) within the De- the bill would reduce funding for any derly and disabled is crucial to Mon- partment of Education to help school portion of the transit program or for tana. And I am sure we could easily districts which have 15 percent or more any State. find similar examples in every state.

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00134 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 1, 2002 CONGRESSIONAL RECORD — SENATE S7951 Let’s talk about Kathy Collins of the highway and transit reauthoriza- clearly disclose the fees charged when Helena, MT. tion, next year. the currency is exchanged. Kathy moved to Helena in 1982 from While large wire service companies Butte, MT, an area with no accessible By Mr. CORZINE (for himself and typically obtain foreign currencies at transportation. In Helena, she discov- Mr. AKAKA): bulk rates, they charge a significant ered the Dial-A-Ride system, where S. 2885. A bill to amend the Elec- currency conversion fee to their U.S. lift-equipped vehicles could easily tronic Fund Transfer Act to require ad- customers. For example, customers transport her in her wheelchair. ditional disclosures relating to ex- wiring money to Mexico are charged an ‘‘It was terrific. I could get to work change rates in transfers involving exchange rate that routinely varies on time. And I could even get home on international transactions; to the Com- from the benchmark by as much as 15 time!’’ lauds Collins. mittee on Banking, Housing, and percent. These hidden fees create stag- While she owns a minivan that she Urban Affairs. gering profits, allowing companies to can drive to the middle school where Mr. CORZINE. Mr. President, along reap billions of dollars on top of the she teaches, she is thankful to have a with my distinguished colleague from stated fees they charge for the wire transportation option in inclement Hawaii, Senator AKAKA, I am intro- transfer services. weather. ducing The Wire Transfer Fairness and While this practice may not be ille- ‘‘Transit gets me to and from work in Disclosure Act, legislation that will gal, it is wrong, and it must be stopped. the winter time. I couldn’t do it with- protect consumers who send cash re- The Wire Transfer Fairness and Disclo- out them,’’ she says, ‘‘And for people mittances through international sure Act requires financial institutions who don’t work, it’s a godsend. They money wire transfer companies by pro- or money-transmitting businesses that can’t afford a taxi.’’ viding greater disclosure of the fees, initiate international money transfers While the Dial-A-Ride system pro- including hidden costs, charged for to disclose all fees charged in an inter- vides Collins with dependable employ- those services. national wire transfer. ment transportation on weekdays, she Every year, thirty million Americans The legislation also requires these would like to see operations expanded send their friends and relatives $40 bil- companies to provide consumers with to evenings and weekends. lion in cash remittances through wire important disclosures regarding the ex- ‘‘The service is essential. You need to transfers. The majority of these trans- change rate used in connection with give people access. You need to give fers are remittances sent to their na- the transaction; the exchange rate pre- people control over their lives. You tive countries by immigrants to the vailing at a major financial center in need to give people the mobility that United States. For these individuals, the foreign country whose currency is the rest of the country enjoys. Just be- many of whom are in low-to-minimum involved in the transaction; or the offi- cause we live in the boondocks doesn’t wage jobs, sending this money only in- cial exchange rate, if any, of the gov- mean we don’t need to go anywhere.’’ creases their own personal financial ernment or central bank of that for- she says. burdens—but they do so to aid their eign country. I couldn’t agree with her more. The families and their loved ones. The bill would additionally require MEGA RED TRANS Act will help these Unfortunately, these immigrants in- disclosure to the consumer who initi- people and millions of others around creasingly find themselves being ates the transaction of any fees or the country. Considering the enormous preyed upon by the practices of some commissions charged by transfer serv- impact the MEGA RED TRANS Act money wire transfer providers who not ice providers in connection with any will have on the country, it is actually only charge consumers an upfront transaction and the exact amount of a very modest proposal. charge for the transfer service, but also foreign currency to be received by the The bill would not set funding levels hit them on the back end with hidden recipient in the foreign country, which for the transit program as a whole, or costs. Many of these charges are ex- shall be disclosed to the consumer be- for large transit systems. tracted when the dollars sent by the fore the transaction is consummated Moreover, the call for increases in consumer are converted to the foreign and printed on the receipt given to cus- the elderly and disabled, rural, and currency value that is supposed to be tomer. small urban area programs are not paid out to the friend of the family This legislation does more than made in a static setting, but in the member. merely provide better information to context of reauthorization. This exploitation is especially perva- consumers—it should also help them fi- In reauthorization the overall transit sive in Latin American and Caribbean nancially. Consumers will see in- program undoubtedly will grow by countries. In fact, as many as 10 mil- creased competition among wire trans- more than the modest increases re- lion Hispanic immigrants in the U.S. fer companies because they are better- quired by the provisions of this bill. So, send remittances to their family and informed and more knowledgeable. nothing in the bill would preclude friends back home. Cumulatively, That competition will result in lower growth in other aspects of the transit these individuals send $23 billion annu- fees for the wire transfer services that program. ally to some of our hemisphere’s poor- will free up a greater portion of these In sum, the bill stands for the propo- est economies. This money is used to cash remittances to go to the friends sition that, as the transit program is pay for such basic needs such as food, and families that they were originally likely to continue to grow, no less than medicine, and schooling. intended for. the funding increases proposed in this In most Latin American and Carib- In short, this is sound public policy bill should be provided in order to bet- bean countries, remittances far exceed that empowers those who do their part ter meet the needs of rural and small U.S. development assistance. In the to help America’s economy move for- urban area transit systems and the case of Nicaragua, Haiti, Jamaica, Ec- ward. transit needs of the elderly and dis- uador and El Salvador, cash remit- I hope that my colleagues will sup- abled. tances account for more than 10 per- port this legislation. I would like to thank Senators cent of national GDP. Mr. AKAKA. Mr. President, I cospon- CRAPO, THOMAS, JOHNSON, ENZI, CON- These large cash flows have proven to sor the Wire Transfer Fairness and Dis- RAD, BINGAMAN and CRAIG for joining be a powerful incentive for greed in the closure Act of 2002, introduced by my me on this important piece of legisla- case of some wire transfer companies. colleague, Senator CORZINE. I thank tion. Customers wiring money to Latin Senator CORZINE and Representative I’d also like to thank both the mem- America and elsewhere in the world LUIS GUTIERREZ for their leadership on bers and staff of the American Bus As- lose billions of dollars annually to un- this issue. I also want to express my sociation, The Community Transpor- disclosed ‘‘currency conversion fees.’’ appreciation to the Chairman of the tation Association and the Amal- In fact, many large companies aggres- Banking Committee, Senator SAR- gamated Transit Union, for their as- sively target immigrant communities, BANES, for conducting a hearing on the sistance with this legislation. often advertising ‘‘low fee’’ or ‘‘no fee’’ issue of remittances. I urge my colleagues to cosponsor rates for international transfers. But Immigrants nationwide often send a this bill and to work to include it in these misleading ads do not always portion of their hard-earned wages to

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00135 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7952 CONGRESSIONAL RECORD — SENATE August 1, 2002 relatives and their communities SEC. 2. DISCLOSURE OF EXCHANGE RATES IN ‘‘(c) ADVERTISEMENTS IN PRINT, BROADCAST, abroad. Remittances can be used to im- CONNECTION WITH INTERNATIONAL AND ELECTRONIC MEDIA AND OUTDOOR ADVER- MONEY TRANSFERS. TISING.—The information required to be dis- prove the standard of living of recipi- (a) IN GENERAL.—The Electronic Fund ents by increasing access to health closed under subparagraphs (A) and (C) of Transfer Act (15 U.S.C. 1693 et seq.) is amend- subsection (b)(1) shall be included— care and education. ed— ‘‘(1) in any advertisement, announcement, Unfortunately, people who send re- (1) by redesignating sections 918 through or solicitation which is mailed by the finan- mittances are often unaware of the fees 921 as sections 919 through 922, respectively; cial institution or money transmitting busi- and ness and pertains to international money and exchange rates used in the trans- (2) by inserting after section 917 the fol- transfers; or action that reduce the amount of lowing new section: money received by their family mem- ‘‘(2) in any print, broadcast, or electronic ‘‘SEC. 918. DISCLOSURE OF EXCHANGE RATES IN medium or outdoor advertising display not bers. In many cases, fees for sending re- CONNECTION WITH INTERNATIONAL on the premises of the financial institution mittances can be ten to twenty percent MONEY TRANSFERS. ‘‘(a) DEFINITIONS.—In this section, the fol- or money transmitting business and per- of the value of the transaction. In addi- taining to international money transfers. tion to the fees, the exchange rate used lowing definitions shall apply: ‘‘(1) INTERNATIONAL MONEY TRANSFER.—The ‘‘(d) DISCLOSURES IN LANGUAGES OTHER in the transaction can be significantly term ‘international money transfer’ means THAN ENGLISH.—The disclosures required lower than the market rate. The ex- any money transmitting service involving an under this section shall be in English and in change rate used in the transaction is international transaction which is provided the same language as that principally used typically not disclosed to customers. by a financial institution or a money trans- by the financial institution or money transmitting business. mitting business, or any of its agents, to ad- Consumers cannot afford to be vertise, solicit, or negotiate, either orally or uneducated regarding financial service ‘‘(2) MONEY TRANSMITTING SERVICE.—The term ‘money transmitting service’ has the in writing, at that office, if other than options and fees placed on their trans- same meaning as in section 5330(d)(2) of title English’’. actions. This legislation is needed to 31, United States Code. (b) EFFECTIVE DATE.—The amendment provide the necessary information to ‘‘(3) MONEY TRANSMITTING BUSINESS.—The made by subsection (a) shall take effect 3 consumers so that they may make in- term ‘money transmitting business’ means months after the date of enactment of this formed decisions about sending money. any business which— Act. The Wire Transfer Fairness and Disclo- ‘‘(A) provides check cashing, currency exchange, or money transmitting or remit- By Mr. SMITH of New Hampshire sure Act would ensure that each cus- tance services, or issues or redeems money (for himself, Mr. HELMS, and tomer is fully informed of all of the orders, travelers’ checks, or other similar in- Mr. HUTCHINSON): fees and the exchange rates used in the struments; and S. 2886. A bill to amend the Internal transaction. ‘‘(B) is not a depository institution (as defined in section 5313(g) of title 31, United Revenue Code of 1986 to ensure the reli- If consumers are provided additional gious free exercise and free speech information about the transaction States Code). ‘‘(b) EXCHANGE RATE AND FEES DISCLO- rights of churches and other houses of costs involved with sending money, SURES REQUIRED.— worship to engage in an insubstantial they may be more likely to utilize ‘‘(1) IN GENERAL.—Any financial institution amount of political activities; to the banks and credit unions which often or money transmitting business which initi- Committee on Finance. can provide lower cost remittances. If ates an international money transfer on be- Mr. SMITH of New Hampshire. Mr. half of a consumer (whether or not the con- unbanked immigrants use the remit- President, along with my colleagues tance services offered by banks and sumer maintains an account at such institu- Senators TIM HUTCHINSON and JESSE credit unions, they may be more likely tion or business) shall disclosure, in the manner required under this section— HELMS, to introduce the Houses of Wor- to open up an account. Many immi- ‘‘(A) the exchange rate used by the finan- ship Political Speech Protection Act. grants are unbanked and lack a rela- cial institution or money transmitting busi- This bill, introduced by my friend tionship with a mainstream financial ness in connection with such transactions; Congressman WALTER B. JONES of services provider. The unbanked are ‘‘(B) the exchange rate prevailing at a North Carolina, H.R. 2357, enjoys broad more likely to use check-cashing serv- major financial center of the foreign country whose currency is involved in the trans- support on the House side with 128 bi- ices which charge an average fee of partisan cosponsors. over nine percent. They are also more action, as of the close of business on the business day immediately preceding the date This bill amends the Internal Rev- likely to utilize the services provided of the transaction (or the official exchange enue Code to permit a church to par- by pay-day and predatory lenders. The rate, if any, of the government or central ticipate or intervene in a political unbanked miss the opportunities for bank of such foreign country); campaign and maintain its tax-exempt saving and borrowing at mainstream fi- ‘‘(C) all commissions and fees charged by status as long as such participation is nancial institutions. the financial institution or money transmitting business in connection with such trans- not a substantial parts of its activities. This legislation is particularly im- The bill replaces the absolute ban on portant to my home State of Hawaii. action; and ‘‘(D) the exact amount of foreign currency political intervention with the ‘‘no Hawaii is home to significant numbers to be received by the recipient in the foreign substantial part of the activities’’ test of recent immigrants from many na- country, which shall be disclosed to the con- currently used in the lobbying context. tions, including the Philippines. The sumer before the transaction is con- This bill would give clergy the freedom Philippines is one of the largest des- summated and printed on the receipt re- to speak out on moral and political tinations for remittances from the ferred to in paragraph (3). issues of our day and to fully educate ‘‘(2) PROMINENT DISCLOSURE INSIDE AND OUT- United States. The gross value of re- their congregation on where the can- mittances to the Philippines is $3.7 bil- SIDE THE PLACE OF BUSINESS WHERE AN INTER- NATIONAL MONEY TRANSFER IS INITIATED.—The didates stand on the issues without the lion and a large portion of that amount information required to be disclosed under threat of losing their tax exempt sta- comes from people in Hawaii. subparagraphs (A), (B), and (C) of paragraph tus. Mr. President, I encourage all of my (1) shall be prominently displayed on the Senator Lyndon Johnson inserted the colleagues to support this much needed premises of the financial institution or ban on political speech in 1954 as a legislation and I ask unanimous con- money transmitting business both at the in- floor amendment in order to hamstring sent that a copy of the bill be printed terior location to which the public is admitted for purposes of initiating an inter- certain anticommunist organizations in the RECORD at this point. national money transfer, and on the exterior that were opposing him in the Demo- There being no objection, the bill was of any such premises. cratic Party. No hearings took place ordered to be printed in the RECORD, as ‘‘(3) PROMINENT DISCLOSURE IN ALL RE- nor was any congressional record de- follows: CEIPTS AND FORMS USED IN THE PLACE OF BUSI- veloped in order to explain the reasons S. 2885 NESS WHERE AN INTERNATIONAL MONEY TRANS- for the ban. There is no indication that FER IS INITIATED.—All information required Be it enacted by the Senate and House of Rep- Senator Johnson intended to target to be disclosed under paragraph (1) shall be churches. resentatives of the United States of America in prominently displayed on all forms and re- Congress assembled, ceipts used by the financial institution or Before 1954, pastors and members of SECTION 1. SHORT TITLE. money transmitting business when initiating many churches spoke freely about can- This Act may be cited as the ‘‘Wire Trans- an international money transfer in such didates and political issues. The slav- fer Fairness and Disclosure Act of 2002’’. premises. ery abolitionist organizations and the

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00136 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 1, 2002 CONGRESSIONAL RECORD — SENATE S7953 civil rights movement are great exam- have a long road ahead of us before we Federal courthouse in that country; to ples of church inspired political suc- can accomplish that. But this legisla- the Committee on Environment and cess. tion will send a clear signal to our fed- Public Works. Had the current law been enforced eral agencies that information gath- Mrs. BOXER. Mr. President, I intro- earlier in American history, William ered at the federal level must be shared duced a bill that will convey the B.F. Lloyd Garrison could not have spoken with states and localities if we are to Sisk Federal Building in Fresno, Cali- out against slavery, nor could Martin triumph in the battle against ter- fornia to the County of Fresno, when Luther King, Jr. have spoken out rorism. the new federal courthouse is com- against segregation. State and local law enforcement are pleted and occupied. Currently, the ban on political first-line defenders of our homeland se- Fresno County is a rapidly growing speech has a dramatic chilling effect curity. Too often, though, state and county in the heart of California’s on the ability of houses of worship to local officials do not receive informa- Great Central Valley. The County of speak out on moral and political tion necessary for them to protect us. Fresno’s Superior Court has a serious issues, since under Section 501(C)(3), If, for instance, there were a terrorist need for new court space that will grow houses of worship may not engage in threat against the Golden Gate Bridge in the years ahead. The Sisk Building even a single activity that might be re- in San Francisco, we would want a co- contains courtrooms and related space garded as participating in, or inter- operative effort between the Federal that will help the people of Fresno vening in a campaign on behalf of or in government and local officials. County meet those needs. The Sisk’s opposition to a candidate for public of- This bill would: building existing security measures are fice. Direct the President to establish pro- a perfect fit for Fresno County’s justice Thus ultimately restricts the cler- cedures for federal agencies to share system. gy’s freedom of speech by threatening homeland security information with This legislation is a common sense to revoke the church’s tax-exempt sta- state and local officials, and for all measure that will allow appropriate tus if they dare to speak out on moral government officials to be able to com- utilization of the Sisk Building, while and political questions of our day. municate with each other. Local offi- contributing to the ongoing revitaliza- Additionally, the bill seeks to shift cials should quickly have access to rel- tion of downtown Fresno. I am proud the burden of proof from houses of wor- evant intelligence necessary to prevent that it is yet another opportunity for ship to the IRS. Rather than require or respond to attacks in their commu- the federal government to improve the the house of worship to prove that its nities. lives of Fresno County’s people. activities are not political at all, this Direct the President to address con- bill will force the IRS to prove that its cerns about too much dissemination of By Mr. HUTCHINSON: activities are in fact substantially po- classified or sensitive information, by S. 2889. A bill to amend the Internal litical. setting procedures to protect this ma- Revenue Code of 1986 to allow individ- Nothing in this bill ‘‘makes’’ a terial. This could include requiring uals a refundable credit against income church speak on political issues; it background checks of local officials tax for the purchase of private health merely gives them the freedom to do so who seek access to classified informa- insurance; to the Committee on Fi- if they choose to. tion, or perhaps even non disclosure nance. Since so many of the issues that are agreements so that secret information Mr. HUTCHINSON. Mr. President, debated in the halls of Congress have a stays secret. there are 39 million uninsured people in moral or religious aspect to them, Direct the President to ensure that America, and that number is predicted those who ask for help from a higher our current information sharing sys- to grow to 50 million by 2010. Surpris- power should not be absent from the tems and computers are capable of ingly, 80 percent of the uninsured are political process. sharing relevant homeland security in- members of working families, who America is a religious nation. Reli- formation with each other and with work hard everyday but simply cannot gion affects every aspect of our cul- state and local systems. afford the rising cost of health care. ture, and yes, even our government. Mr. President, we can improve infor- According to a recent survey by Hew- The views of our church-going mem- mation sharing without re-inventing itt Associates, the average insurance bers and their clergy are vital to a the wheel. The legislation applies tech- premium will increase more than 20 well-rounded debate on the important nology already used to share informa- percent in 2003. This is a sharp increase issues of our day. tion with our NATO allies and with from earlier forecasts. Such an in- This substantial portion of the Amer- Interpol. The information can be crease is in addition to the double digit ican people who consider themselves shared through existing networks, such increase in premiums anticipated this religious and practice that religion as the National Law Enforcement Tele- year. should not be shut out of the process. communications System, the Regional I am pleased today to introduce the I hope more of my colleagues will Information Sharing Systems, and the Securing Access Value and Equality in join us and cosponsor this important Terrorist Threat Warning System. Health Care Act, or SAVE Act. This legislation. These systems already reach law en- bill will provide every American with a forcement offices throughout America. pre-payable, fully refundable tax credit By Mrs. FEINSTEIN: Better information sharing will re- toward the purchase of health insur- S. 2887. A bill to provide for the shar- sult in better homeland security. As a ance. ing of homeland security information Congress, we are already working on The tax credit will be $1,000 for indi- by Federal intelligence and law en- making intelligence gathering and dis- viduals, $2,000 for married couples, and forcement agencies with State and semination work better within the fed- $500 per dependent, up to $3,000 per local entities; to the Committee on the eral government. We must not forget family. An additional 50 percent will be Judiciary. to improve communications with state added for any additional premiums to Mrs. FEINSTEIN. Mr. President, I in- and local law enforcement as well. assist those with higher costs. By being troduce the Homeland Security Infor- I urge my colleagues to support this pre-payable, the credit will be avail- mation Sharing Act, a bill to increase legislation, and I hope that we can pass able to individuals at the time of pur- state and local access to security infor- it quickly in September. It is non-con- chase, instead of when they receive mation that could save American lives. troversial, and would help send a clear their annual tax return. The House has already passed similar signal that information gathering and A study by Professor Mark Pauly at legislation bill sponsored by Represent- dissemination may be our best defense the Wharton School at the University atives HARMAN and CHAMBLISS, and it against terror. of Pennsylvania showed that a credit is my understanding that the Adminis- like that contained in the SAVE Act tration supports this legislation as By Mrs. BOXER: would remove 20 million Americans well. S. 2888. A bill to direct the Adminis- from the ranks of the uninsured. The bill I introduce today will not trator of General Services to convey to The SAVE Act will provide direct as- solve our intelligence problems—we Fresno County, California, the existing sistance to millions of Americans, and

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00137 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7954 CONGRESSIONAL RECORD — SENATE August 1, 2002 over 498,000 uninsured Arkansans, in af- or death from a preventable disorder. in the Department of Health and fording health insurance. I urge my Let me repeat that—disability or death Human Services. The purpose of this colleagues to support this important from a preventable disorder. The sur- committee would be to develop na- legislation. vival of a newborn may very well come tional recommendations on screening, down to the state in which it is born. hopefully eliminating the disparities By Mr. DODD (for himself and Only two states, including my home between states that currently exist. Mr. DEWINE): state of Connecticut thanks to recent The Children’s Health Act also in- S. 2890. A bill to amend the Public legislation, will test for all 30 dis- cluded a provision to provide funding Health Service Act to establish grant orders. The vast majority test for eight to states to expand their technological programs to provide for education and or fewer. resources for newborn screening. Un- outreach on newborn screening and co- I recently chaired a hearing on this fortunately, funds were not appro- ordinated followup care once newborn issue during which I related a story priated for either of these provisions. screening has been conducted, and for that illustrates the impact of newborn We are told that $25 million in appro- other purposes; to the Committee on screening, or the lack of newborn priations is needed for this crucial ini- Health, Education, Labor, and Pen- screening, in a very personal sense. tiative and we need to fight for these sions. Jonathan Sweeney is a three-year-old dollars as we develop the FY03 budget. Mr. DODD. Mr. President, I join with from Brookfield, CT. At the time of his The legislation that we are intro- my colleague, Senator MIKE DEWINE, birth, the state only tested for eight ducing today, the Newborn Screening to introduce legislation to protect the disorders. He was considered a healthy Saves Lives Act of 2002, seeks to ad- most vulnerable members of our soci- baby, although he was a poor sleeper dress the shocking lack of information ety: newborn infants. About 2 months and needed to be fed quite frequently. available to health care professionals ago, many families across the country One morning in December of 2000, Jon- and parents about newborn screening. celebrated Father’s Day. As a first- athan’s mother, Pamela, found Jona- Every parent should have the knowl- time dad of a 10-month-old baby girl, I than with his eyes wide open but com- edge necessary to protect their child. now know the joy of being able to expe- pletely unresponsive. He was not The tragedy of a newborn’s death is rience that holiday and every other breathing and appeared to be having a only compounded by the frustration of pleasure that comes along with being a seizure. Jonathan was rushed to the learning that the death was prevent- father. What I also now share with par- hospital where, fortunately, his life able. This bill authorizes $10 million in ents everywhere is a constant sense of was saved. He was later diagnosed with fiscal year 2003 and such sums as are worry about whether our kids are L–CHAD, a disorder that prevents Jon- necessary through fiscal year 2007 to doing well, are feeling well, and are athan’s body from turning fat into en- HRSA for grants to provide education safe. Nothing is of greater importance ergy. and training to health care profes- than the health and well-being of our Despite this harrowing tale, Jona- sionals, state laboratory personnel, children. than and his family are extremely for- families and consumer advocates. Thanks to incredible advances in tunate. Jonathan is alive, and his dis- Our legislation will also provide medical technology, it is now possible order can be treated with a special states with the resources to develop to test newborns for at least 30 genetic diet. He has experienced developmental programs of follow-up care for those and metabolic disorders. Many of these delays that most likely could have children diagnosed by a disorder de- disorders, if undetected, would lead to been avoided had he been tested and tected through newborn screening. severe disability or death. However, ba- treated for L–CHAD at birth. This While these families are the fortunate bies that are properly diagnosed and raises a question. Why was he not test- ones, in many cases they are still faced treated can go on to live healthy lives. ed? Why do 47 states still not test for with the prospect of extended and com- In the most direct sense, newborn L–CHAD? plex treatment or major lifestyle screening saves lives. The primary reason for this unfortu- changes. We need to remember that Frighteningly, the disorders that nate reality is the lack of consensus on care does not stop at diagnosis. For newborn screening tests for can come the federal level about what should be that reason, this bill authorizes $5 mil- without warning. For most of these screened for, and how a screening pro- lion in fiscal year 2003 and such sums disorders, there is no medical history gram should be developed. Twenty of as are necessary through FY 2007 to of the condition in the family, no way the thirty disorders can only be de- HRSA for grants to develop a coordi- to predict the health of a baby based on tected using a costly piece of equip- nated system of follow-up care for the health of the parents. Although the ment called a tandem mass spectrom- newborns and their families after disorders that are tested for are quite eter. Currently, only nine states have screening and diagnosis. rate, there is a chance that any one this resource. Many health care profes- Finally, the bill directs HRSA to as- newborn will be affected. In that sense, sionals are unaware of the possibility sess existing resources for education, this is an issue that has a direct im- of screening for disorders beyond what training, and follow-up care in the pact on the lives of every family. their state requires. Parents, and I in- states, ensure coordination, and mini- Fortunately, screening has become clude myself, are even less well-in- mize duplication; and also directs the common practice in every state. Each formed. My daughter Grace was born in Secretary to provide an evaluation re- year, over four million infants have Virginia, where they screen for nine port to Congress two and a half years blood taken from their heel to detect disorders. I was extremely relieved after the grants are first awarded and these disorders that could threaten when all of those tests came out nega- then after five years to assess impact their life and long-term health. As a re- tive. However, at that time I did not and effectiveness and make rec- sult, about one in 4,000 babies is diag- know that this screening was not as ommendations about future efforts. nosed with one of these disorders. That complete as it could have been. My ig- I urge my colleagues to support this means that newborn screening could norance had nothing to do with my important initiative and look forward save approximately 1,000 lives each love for my daughter or my capability to working together to accomplish its year. That is 1,000 tragedies that can as a parent. The fact is that the major- passage. possibly be averted—families left with ity of parents do not realize that this the joy of a new infant rather than ab- screening occurs at all, nor are they fa- By Mr. KERRY (for himself, Mr. solute heartbreak. miliar with the disorders that are HARKIN and Ms. LANDRIEU): That is the good news. However, being screened for. For that reason, S. 2891. A bill to create a 4-year pilot there is so much more to be done. More one of the most important first steps program that makes small, non-profit than 2,000 babies born are estimated to that we can take to protect our chil- child care businesses eligible for SBA be born every year in the United States dren is to educate parents and health 504 loans; to the Committee on Small with potentially detectable disorders care professionals. Business and Entrepreneurship. that go undetected because they are In the Children’s Health Act of 2000, I Mr. KERRY. Mr. President, we have not screened. These infants and their supported the creation of an advisory shortage of childcare in this country, families face the prospect of disability committee on newborn screening with- and it is a problem for our families, a

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00138 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 1, 2002 CONGRESSIONAL RECORD — SENATE S7955 problem for our businesses, and a prob- businesses. I formed a task force in my (A) by inserting after ‘‘USE OF PROCEEDS.— lem for our economy. The Census Bu- home State of Massachusetts to study ’’ the following: reau estimates that there are approxi- the state of child care, and of the many ‘‘(A) IN GENERAL.—’’; and mately 24 million school age children important findings, we discovered that (B) by adding at the end the following: ‘‘(B) LOANS TO SMALL, NON-PROFIT CHILD with parents who are in the workforce more than 60 percent of the child care CARE BUSINESSES.—The proceeds of any loan or pursuing education, and the num- providers are non-profit and that there described in subsection (a) may be used by bers are growing. There has been a 43 is a real need to help them finance the the borrower to assist, in addition to other percent increase in dual-earner fami- purchase of buildings or expand their eligible small business concerns, small, non- lies and single parent families over the existing space. Child care in general is profit child care businesses, provided that— last half a century. As parents leave not a high earning industry, and the ‘‘(i) the loan will be used for a sound busi- the home for work and education, the owners don’t have spare money lying ness purpose that has been approved by the need for quality childcare in America around. Asking centers to charge less Administration; and ‘‘(ii) each such business receiving financial continues to increase. or cut back on employees is not the assistance meets all of the same eligibility As Chairman of the Small Business way to make childcare more affordable requirements applicable to for-profit busi- and Entrepreneurship, I think we can for families and does not serve the chil- nesses under this title, except for status as a foster the establishment and expansion dren well. An adequate staff is needed for-profit business.’’. of existing child care businesses to make sure children receive proper (b) REPORTS.— through the Small Business Adminis- supervision and support. Furthermore, (1) SMALL BUSINESS ADMINISTRATION.— tration. Today with Senators HARKIN if centers are asked to lower their oper- (A) IN GENERAL.—Not later than 6 months and LANDRIEU, I am introducing, the ating costs in order to lower costs to after the date of enactment of this Act, and Child Care Lending Pilot Act, a bill to families, the safety and quality of the every 6 months thereafter until September create a four-year pilot that allows 30, 2006, the Administrator of the Small Busi- childcare provided would be in jeop- ness Administration shall submit a report on small, non-profit child care businesses ardy. the implementation of the program under to access financing through SBA’s 504 I urge my colleagues to support this subsection (a) to— loans. legislation so non-profit childcare pro- (i) the Committee on Small Business and Non-profit child care small busi- viders can access funds to start new Entrepreneurship of the Senate; and nesses already have access to financing centers or expand and improve upon ex- (ii) the Committee on Small Business of through the SBA’s microloan program, isting centers. the House of Representatives. which many of us made possible Allowing non-profit childcare centers (B) CONTENTS.—The report under subpara- through legislation in 1997. Microloans graph (A) shall contain— to receive SBA loans will be the first (i) the date on which the program is imple- help with working capital and the pur- step toward improving the availability mented; chase of some equipment, but there is of childcare in the United States. Non- (ii) the date on which the rules are issued also a need to help finance the pur- profit childcare centers provide the pursuant to subsection (c); and chase of buildings, expand existing fa- same quality of care as the for-profit (iii) the number and dollar amount of loans cilities to meet child care demand, or centers, and non-profit centers often under the program applied for, approved, and improve facilities. It is appropriate to serve our nation’s most needy commu- disbursed during the previous 6 months. provide financing through the 504 pro- nities. I hope that my colleagues will (2) GENERAL ACCOUNTING OFFICE.— gram because it was created to spur (A) IN GENERAL.—Not later than March 31, recognize the vital role that early edu- 2006, the Comptroller General of the United economic development and rebuild cation plays in the development of fine States shall submit a report on the child communities, and child care is critical minds and productive citizens and real- care small business loans authorized by sec- to businesses and their employees. Fi- ize that in this great nation, childcare tion 502(b)(1)(B) of the Small Business In- nancing through 504 could spur the es- should be available to all families in vestment Act of 1958, as added by this Act, tablishment and growth of child care all income brackets. to— businesses because the program re- I ask unanimous consent that the (i) the Committee on Small Business and quires the borrower to put down only text of the bill and several letters of Entrepreneurship of the Senate; and between 10 and 20 percent of the loan, (ii) the Committee on Small Business of support be printed in the RECORD. the House of Representatives. making the investment more afford- These letters demonstrate that this is (B) CONTENTS.—The report under subpara- able. a good investment that is good for our graph (A) shall contain information gathered As anyone with children knows, qual- country. during the first 2 years of the loan program, ity childcare comes at a very high cost There being no objection, the mate- including— to a family, and it is especially burden- rial was ordered to be printed in the (i) an evaluation of the timeliness of the some to low-income families. The Chil- RECORD, as follows: implementation of the loan program; (ii) a description of the effectiveness and dren’s Defense Fund estimates that S. 2891 ease with which Certified Development Com- childcare for a 4-year-old in a childcare Be it enacted by the Senate and House of Rep- center averages $4,000 to $6,000 per year panies, lenders, and small businesses have resentatives of the United States of America in participated in the loan program; in cities and states around the nation. Congress assembled, (iii) a description and assessment of how In all but one state, the average annual SECTION 1. SHORT TITLE. the loan program was marketed; cost of childcare in urban area This Act may be cited as the ‘‘Child Care (iv) the number of child care small busi- childcare centers is more than the av- Lending Pilot Act’’. nesses, categorized by status as a for-profit erage annual cost of public college tui- SEC. 2. CHILD CARE BUSINESS LOAN PROGRAM. or non-profit business and a new business or tion. (a) LOANS AUTHORIZED.—Section 502 of the an expanded business, that— These high costs make access to Small Business Investment Act of 1958 (15 (I) applied for loans under the program; child care all but non-existent for low- U.S.C. 696) is amended— (II) were approved for loans under the pro- income families. While some states (1) in the matter preceding paragraph (1)— gram; and (III) received loan disbursements under the have made efforts to provide grants (A) by striking ‘‘The Administration’’ and inserting the following: program. and loans to assist childcare busi- ‘‘(a) AUTHORIZATION.—The Administra- (v) of the businesses under clause (iv)(III)— nesses, more must be done to increase tion’’; (I) the number of such businesses in each the supply of childcare and improve the (B) by striking ‘‘and such loans’’ and in- State; quality of programs for low-income serting ‘‘. Such loans’’; and (II) the total amount loaned to such busi- families. According to the Child Care (C) by striking ‘‘: Provided, however, That nesses under the program; and Bureau, state and federal funds are so the foregoing powers shall be subject to the (III) the average loan amount and term. insufficient that only one out of 10 following restrictions and limitations:’’ and (c) RULEMAKING AUTHORITY.—Not later children in low-income working fami- inserting a period; and than 120 days after the date of enactment of (D) by adding at the end the following: this Act, the Administrator of the Small lies who are eligible for assistance ‘‘(b) RESTRICTIONS AND LIMITATIONS.—The Business Administration shall issue final under federal law receives it. authority under subsection (a) shall be sub- rules to carry out the loan program author- For parts of the country, when af- ject to the following restrictions and limita- ized by section 502(b)(1)(B) of the Small Busi- fordable child care is available, it is tions:’’; and ness Investment Act of 1958, as added by this provided through non-profit child care (2) in paragraph (1)— Act.

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(d) SUNSET PROVISION.—The amendments Americans and Hispanics. The project was the use of the SBA 504 program to include made by this section shall remain in effect viewed by the Bank as a good loan from a the financing of non-profit children centers. until September 30, 2006, and shall apply to business perspective, with many additional As a member of Senator Kerry’s Childcare all loans authorized by section 502(b)(1)(B) of benefits to the community at large. Advisory Committee and the Executive Di- the Small Business Investment Act of 1958, Ultimately, after appealing to SBA for a rector of the Western Massachusetts Enter- as added by this Act, that are made during exception, and spending a great deal of time the period beginning on the date of enact- on the project, the loan was not completed. prise Fund (which makes loans to non-prof- ment of this Act and ending on September This delayed a good project from improving its), I have seen a clear need for both more 30, 2006. many aspects of an already underscored com- flexible and lower cost financing. munity, due to a simple tax classification. OMNIBANK, N.A., As stated earlier, OMNIBANK receives con- The SBA 504 program meets both those Houston, TX, July 30, 2002. sistent requests from day care centers, most needs. By providing up to 40 percent financ- Re: Proposed Senate Bill of which are non-profit. I believe that a Pilot ing, the SBA 504 program can help children Hon. JOHN F. KERRY, Program as proposed, will prove that these centers more easily leverage bank financing. U.S. Senate, Washington, DC. are viable and valuable businesses. I would Additionally, the program offers highly com- DEAR SENATOR KERRY: Please accept this recommend that all other standard criteria, petitive interest rates. letter as my full support of the bill, soon to proven track record, cash flow, management Finally, allowing the SBA to make loans be introduced, proposing a Pilot Program, expertise, etc. remain. to non-profit childcare centers is not new to operating through the Small Business Ad- I look forward to any questions you may the agency. The SBA is already making ministration’s 504 Loan Program, that would have, or any further examples I can provide. allow Day Care facilities designated as non- Sincerely, working capital loans to non-profit childcare profits to be eligible for the program. JULIE A. CRIPE, centers through its Microenterprise Loan I believe the demand for such a product is President and Chief Operating Officer. Fund Program. strong, and is fiscally sound. My reasons are If you have any questions, please do not as follows: NEIGHBORHOOD BUSINESS BUILDERS, hesitate to contact me. 1. Day Care Centers must carry a non-prof- Boston, MA, July 10, 2002. Sincerely, it designation in order to accept children to Senator JOHN KERRY, CHRISTOPHER SIKES, the center from low-income families. Chairman, Senate Committee on Small Business 2. These business benefit low-income Executive Director. and Entrepreneurship, Washington DC. neighborhoods and enterprise zones by pur- DEAR CHAIRMAN SENATOR KERRY, I am chasing property, improving the physical ap- writing on behalf of Neighborhood Business THE COMMONWEALTH OF pearance of the community and providing Builders and the Jewish Vocational Service MASSACHUSETTS, safe facilities for the children. The ability to of Boston in support of legislation to expand EXECUTIVE OFFICE OF HEALTH AND utilize the SBA–504 program would enable availability of SBA 504 loans to non-profit HUMAN SERVICES, these businesses to decrease lease/payment child care centers. Boston, MA, July 11, 2002. expense and hence, help more children. I am currently the Director of Loan Funds Hon. JOHN KERRY, 3. These families are in the most need for at Neighborhood Business Builders, which is Senate Committee on Small Business and Entre- quality day care facilities in their commu- an economic development program and US preneurship, Washington, DC. nity, since many use mass transit to get to SBA Intermediary Microlender. I have been DEAR CHAIRMAN KERRY: work. lending and consulting to small businesses 4. Small businesses have provided most of for the past year after fifteen years in the The Massachusetts Office of Child Care the job growth in this country in the last ten private sector as founder of three different Services (OCCS) fully supports expansion of years. By enabling these Day Care Centers to companies in Boston and Los Angeles. I have the SBA 504 loan program to include non- operate efficiently and provide quality facili- an MPA from the Kennedy School at Har- profit child care programs. OCCS is the ties, we will be helping small business gain vard University. state’s licensing agency responsible for set- and maintain employees. I am on Senator Kerry’s Child Care and 5. Designation as a non-profit business does ting and enforcing strong health, safety and Small Business Advisory Committee, and am education standards for child care programs not equate to an inability to pay loans, or Co-chair of the Sub Committee on Family throughout the Commonwealth. OCCS is also other business expenses. Child Care. OMNIBANK, a 50-year-old community I support legislative change to the 504 loan the lead state agency responsible for the ad- bank in Houston, Texas, has experienced a program because our committee has uncov- ministration and purchase of all human serv- consistent demand for loans to Day Care ered a need for government support of non- ices child care subsidies across the state. As Centers. Most loan requests from these enti- profit child care centers. The basic reason a result, this agency is greatly invested in ties are for the purpose of acquiring or ex- for this is that, while we recognize a demand the viability of these child care programs panding property (real-estate) or acquiring for child care in every part of the country, and in increasing the capacity of child care transportation equipment. An example of a we do not consider that the market fails to services to benefit more families in the Com- specific, recent request follows: profitably supply child care in every part of monwealth. The Executive Director and Owner of Tee- the country. ter Totter Day Care Center approached For-profit entities are able to access the Currently there are approximately 17,000 OMNIBANK about a loan to purchase the capital they need by (1) Demonstrating de- licensed child care facilities in the Common- building used to house the Center. The owner mand for the service provided and (2) Dem- wealth which can provide services to over an African-American woman, was experi- onstrating ability to serve market rate debt 200,000 children. Many of these facilities are enced in this business. Cash flow to service with acceptable risk. Non-profit centers non-profit programs 1 that serve low-income the debt was sufficient and appropriate emerge when (1) Demonstrated demand for families that are receiving child care sub- under prudent lending guidelines. The only the service is evident but (2) The market will sidies to help them become or remain em- deterrent from making a conventional loan not support the true cost of the service pro- ployed, and families that are or were receiv- was the amount available for down payment. vided. These non-profit centers are unable to ing TANF. The availability and accessibility Twenty percent or more is usually required. access traditional forms of capital because of child care is one of the main reasons that Under the SBA–504 Program, a ten percent they cannot demonstrate an ability to serv- families can continue to successfully transi- down payment is allowed and standard pro- ice debt at an acceptable risk. tion from welfare to work. There are cur- cedure for multi-use buildings. Additionally, The SBA 504 loan program would help miti- rently approximately 18,000 children on the it offers a fixed rate on the SBA portion of gate the risk to lenders who will then be able waiting list for a child care subsidy. The re- the loan. Most small businesses do not have to provide the necessary capital for the serv- access to fixed rate mortgages, due to the ice that we know is in demand. The tax sta- authorization of TANF may further increase size of the loan requests, which enhances to tus of a child care center should be irrele- the number of families seeking subsidized attractives of the SBA 504 Program even fur- vant, since the 501(C)3 status is only granted child care and Massachusetts must be ready ther. when there is evidence of a public good being to provide quality care. Accordingly, current As we were preparing the request package, provided. and future non-profit programs will greatly we realized that a non-profit did not qualify. Sincerely, benefit from the expansion of the SBA 504 The owner would personally guarantee the ERIC KORSH, loan program, as will the families that they loan, and even agreed to form a for profit Director of Loan Funds, Neighborhood serve. corporation to hold the property, because Business Builders. OCCS is a member of the Advisory Com- the underlying tenant was non-profit it mittee on Child Care and Small Business and would not work. The owner could not change WESTERN MASSACHUSETTS fully supports the Committee’s mission of Teeter Totter into a for profit corporation ENTERPRISE FUND INC., without jeopardizing its subsidies for low-in- Greenfield, MA, July 12, 2002. uniting the small business and child care come children. Senator JOHN KERRY, communities to help providers maximize OMNIBANK and the day care center are lo- Chairman, Senate Committee on Small Business their income while providing quality child cated in Houston’s fifth ward, most of which and Entrepreneurship, Washington, DC. care. Expansion of the SBA 504 loan program is classified as low to moderate income. Its DEAR SENATOR KERRY: I am writing in will undoubtedly help expand the avail- population is primarily low-income African strong support of the legislation to expand ability and accessibility of quality child

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00140 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 1, 2002 CONGRESSIONAL RECORD — SENATE S7957 care. Thank you for your support of this im- ACCION USA, of The Advisory Committee on Child Care portant legislation. If I can be of further as- Boston, MA, June 8, 2002. and Small Business, I wholeheartedly sup- sistance please do not hesitate to contact Hon. JOHN KERRY, port this legislation. The Guild of St. Agnes me. Chairman, Senate Committee on Small Business is a non-profit child care agency providing Sincerely, and Entrepreneurship, Russell Senate Office child care in Worcester, MA and its sur- ARDITH WIEWORKA, Building, Washington, DC. rounding towns. Presently we care for 1200 Commissioner. DEAR SENATOR KERRY: children aged four weeks to twelve years in My name is Erika Eurkus, and as a mem- child care centers, family care provider’s ber of your Advisory Committee on Child home and public schools. Of our seven cen- SOUTH EASTERN ECONOMIC Care and Small Business, I writing to voice ters, we currently own one. DEVELOPMENT CORPORATION, my support of expanding the SBA 504 loan Four of our centers are in old, worn-down Taunton, MA, July 10, 2002. program to include nonprofit child care cen- buildings, causing us difficulty in recruiting Re: Non Profit Child Care Center Eligibility ters. new clients. As we look towards the future, Under the SBA 504 Program I am the greater Boston program director the Guild of St. Agnes has set a goal of re- Chairman JOHN KERRY, for ACCION USA, a nonprofit ‘‘micro’’ lender placing these centers with new buildings. In Senate Committee on Small Business and Entre- whose mission is to make access to credit a order to accomplish this goal, we need to preneurship, Russell Building, Washington, permanent resource to low- and moderate-in- look for creative funding sources to support DC. come small business owners in the United our capital campaign. The SBA 504 loan pro- States—helping to narrow the income gap gram would allow us to invest 10% of our DEAR SENATOR KERRY: As a member of the own funds for capital expenses, borrow 50% Advisory Committee on Child Care and and provide economic opportunity to small business owners throughout the country. from the government and secure a bank loan Small Business as well as Vice President at for 40%. Not only is this loan program at- South Eastern Economic Development Many of the struggling entrepreneurs we serve are the owners of small, family-based tractive to banking institutions, it allows (SEED) Corporation, I am writing in support child care agencies like the Guild of St. of the idea of expanding the SBA 504 program day care centers. At ACCION, I regularly come into contact Agnes to continue to grow during these eco- to allow for non profit child care centers to with women and men whose dream is to op- nomically challenging times. be eligible for financing under the program. erate a successful child care center—to pro- I urge you to support the SBA 504 loan pro- SEED Corporation is a Certified Develop- vide a service to the community while mak- gram legislation. The future of non-profit ment Company certified and accredited to ing a better life from something they love to child care agencies such as the Guild of St. administer the SBA 504 program throughout do. Often, what keeps these hardworking en- Agnes depends on it! southeastern Massachusetts. Over the past 2 trepreneurs from fully realizing that dream Sincerely, years, SEED has been the number one SBA is a lack of working capital to begin and EDWARD P. MADAUS, 504 lender in the State. SEED is also an ap- grow their businesses. Microlenders like Executive Director. proved SBA Microenterprise Intermediary ACCION are the only place they can turn for and we have enjoyed and made use of the By Mr. KENNEDY (for himself, the crucial capital they need for their busi- ability to provide micro loans to non-profit nesses. Mauro Leija, an ACCION client in Mrs. CLINTON, and Mr. ROCKE- child care businesses since the microenter- San Antonio, Texas, has tried—and failed— FELLER): prise intermediary legislation made the spe- to secure capital from commercial banks. S. 2892. A bill to provide economic se- cial provision for non profit child care pro- ‘‘The loan officer at the bank said, ‘Be real- curity for America’s workers; to the viders to be eligible for SBA micro loan istic—you’ll never get a loan. You have no funds. My primary responsibilities at SEED Committee on Finance. college diploma, no capital, no history with include origination, underwriting and clos- Mr. KENNEDY. Mr. President, the any bank,’ ’’ Mauro remembers. This lack of ing SBA 504 loans as well as the oversight U.S. is in the midst of another ‘‘jobless economic opportunity is too often the re- and development of SEED’s micro loan and recovery,’’ similar to the early 1990s, ality for countless child care providers— business assistance activities. with the unemployment rate showing most of whom earn an average of $3 per hour few signs of falling in the coming Over the past five years, SEED has assisted for their services. over 10 FOR-PROFIT child care businesses to With increased access to capital through months. Over the past three months, obtain SBA 504 financing for their start-up the expansion of the SBA 504 loan program, the jobless rate has hovered around 6 or expansion projects. However, we have also small, nonprofit day care centers can con- percent and long-term unemployment had to turn away an equal number of non- tinue to provide their valuable services to levels now exceed those reached in any profit child care centers that were seeking the community—and build a better life for recent recession. Last month, nearly similar assistance due to the fact that non their own families at the same time. Su- one in five unemployed workers re- profit entities are not eligible under the SBA zanne Morris of Springfield, Massachusetts, mained out of work for six months or 504 program. a longtime ACCION USA borrower, already more. Some 150,000 jobs have been lost illustrates the potential successes that an As we have learned from discussions and since the beginning of this year and 8.4 analysis within the Advisory Committee on expanded SBA 504—and an opportunity for capital—will bring to day care owners across million people are currently unem- Child Care and Small Business, access to ployed. long term, fixed market or below-market the country. After years of hard work and rate financing is essential to any child care several small loans from ACCION, Suzanne The recent spate of corporate scan- center. The slim margins that characterize has moved her day care out of the home and dals has only made it worse. Sadly, this industry limit any child care center’s has expanded her staff to include seven mem- Enron and WorldCom were not isolated ability to grow. The SBA 504 program offers bers of the community. The business sup- events of corporate greed that hurt the type of fixed rate financing that not only ports her family of four. She also gives back America’s workers. Tens of thousands assists the business to keep its occupancy by training other local home-based day care have lost their jobs because of the dis- costs under control but also serves to sta- providers in federal nutrition guidelines. grace and mistrust company leaders bilize its operations over the long term. The It is my hope that we can all witness more successes like those of Suzanne by opening created, or because of company mis- program also provides an incentive to a bank management. At Lucent, 77,000 workers to provide fixed asset financing to a business the door to funding for small day care pro- that might not otherwise be able to afford a viders. Please include nonprofit child care were laid off. At Kmart, 22,000 workers conventional commercial mortgage. The centers in the scope of SBA 504. were laid off. At Xerox, over 13,000 non-profit child care centers provide the Sincerely, workers were laid off. At Tyco, almost same quality of care as the for-profit cen- ERIKA EURKUS, 10,000 workers were laid off. At Global ters. Preventing non-profit child care center Greater Boston Program Director. Crossing, over 9,000 workers were laid from making use of the SBA 504 program off. At Polaroid, over 4,000 workers GUILD OF ST. AGNES, when their for profit competitiors are able to CHILD CARE PROGRAMS, were laid off. do results in discrimination against the chil- Worcester, MA, July 3, 2002. As new corporate scandals lead to ad- dren they serve, and, in general, the major- Senator JOHN KERRY, ditional mass lay-offs and Americans ity of child care centers operating in our Chairman, Senate Committee on Small Business remain unemployed longer, workers state’s neediest areas are non-profit. and Entrepreneurship, Russell Building, are losing their unemployment benefits For these reasons, I would like to support Washington, DC. with no hope for a new job in sight. Too your efforts to expand the SBA 504 program DEAR SENATOR KERRY, It has come to my many low-wage and part-time workers enabling non-profit child care centers to be attention that your committee is working on remain without unemployment bene- eligible for fixed asset financing under the legislation that would expand the SBA 504 504 program. Thank you for your efforts. loan program to non-profit child care cen- fits. And benefit levels remain too low Sincerely, ters. to keep families out of poverty in HEATHER DANTON, As the Executive Director of the Guild of many states. Today, I along with Sen- Vice President. St. Agnes Child Care Agency and a member ators CLINTON and ROCKEFELLER, am

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00141 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7958 CONGRESSIONAL RECORD — SENATE August 1, 2002 introducing the Economic Security Act unemployed workers immediately KENNEDY, that would remedy several 2002 to protect those unemployed work- spend unemployment insurance bene- flaws in the current unemployment ers and reinvigorate the economy. fits in their communities, providing benefits program. This is an enor- Last year, Senate Democrats re- immediate economic stimulus. This mously important piece of legislation, sponded to the recession with an imme- bill would give a boost to workers and one that should be enacted immediate plan to stimulate the economy the economy by raising temporary ex- diately for the sake of working fami- and help laid-off workers get back on tended benefit levels by the greater of lies who have been put out of jobs their feet. In March, House Repub- 15 percent or $25 a week. through no fault of their own. licans finally relented and we extended As Americans exhaust their benefits The measure would give States ad- unemployment benefits for millions of in greater numbers, we must ensure ministrative funding so they can dis- workers. It was a significant step for- that all workers can put food on their tribute benefit checks punctually and ward, but it did not go far enough. families’ tables and keep a roof over accurately. It would ensure that all un- This week, economists confirmed their heads when jobs are scarce. And employed workers receive a full 13 that recovery is slow at best. Economic we must ensure that unemployment in- weeks of benefits. And it would repeal growth fell from 5.0 percent in the first surance serves the purpose for which it the 20-weeks-of-work prerequisite to quarter of 2002 to 1.1 percent in the sec- was created, to serve as a safety net for receiving benefits that primarily pun- ond quarter. Business investment still all workers during tough economic ishes low-wage workers and newer en- has not recovered and continues to de- times and stimulate economic growth. trants to the job market. cline, while the trade deficit soared to The Economic Security Act of 2002 will Beginning in 1986, Federal and State record highs. Job growth, the last area be a giant leap forward for America’s governments began withholding taxes of the economy to recover after a re- workers. from the benefit checks of all aid recession, continues to lag. As hundreds Mr. ROCKEFELLER. Mr. President, cipients. However, no accommodations of thousands of workers exhaust their despite some signs of an improving were made to offset these deductions, extended benefits, it’s time to close the economy, for hard-working Americans, and recipients saw a significant reduc- gaps in the extended benefit program. it is, unfortunately, a ‘‘jobless recov- tion in benefits. To ameliorate this The Economic Security Act of 2002 will ery.’’ While we see some positive eco- problem, Senator KENNEDY’s legisla- provide additional extended benefits nomic indicators, the unemployment tion would raise benefit levels by 15 for millions of workers who remain un- rate continues to rise and shows few percent or $25 a week, whichever is employed. signs of falling. For working Ameri- higher. The bill will also help those workers cans, that is bad news. Too many peo- Finally, a majority of States cur- currently left out of the unemployment ple are finding themselves without a rently refuse benefits to unemployed insurance system, part-time and low- job, and without a source of income. workers seeking part-time work. West wage workers. Part-time work is a sig- The Labor Department reports that Virginia does cover part-time workers, nificant part of our modern economy over the past few months, the unem- but I believe every state should do this and women and low-wage workers dis- ployment rate has hovered around 6 as well. Part-time work is an enor- proportionately comprise the part-time percent, with 8.4 million people offi- mously important component of our workforce. Yet, the majority of states cially counted as unemployed. My economy, particularly as it involves do not provide benefits to unemployed home State of West Virginia reported large numbers of women and low-wage workers seeking part-time work. The an unemployment rate of 6.8 percent in earners. Senator KENNEDY’s bill would twenty States that already provide June, which is only somewhat higher require states to base eligibility on a worker’s most recent earnings. This benefits to unemployed part-time than the national average, but some of seemingly technical provision would workers have not found their inclusion our counties are struggling with unem- greatly expand eligibility to benefits overly costly. ployment rates in the double digits. In addition, according to the GAO, Not only are more people being laid for many workers, in my state, and low-wage workers are half as likely to off, they are also remaining unem- across the country. Millions of Americans are still strug- receive unemployment benefits than ployed for longer. From January to gling, and they do not have a steady other unemployed workers, even May 2002, the proportion of unem- source of income. I urge my colleagues though low-wage workers as twice as ployed workers who were still looking to support this bill to reform America’s likely to be unemployed. In all but 12 for work after 27 weeks increased by 41 unemployment insurance program; it is States, most unemployed low-wage percent, and unemployment levels now urgently needed and should be passed workers are not eligible for benefits be- exceed those reached in any recent re- with great haste. This bill is the right cause their most recent earnings are cession. Workers are suffering unem- thing to do for working Americans, and not counted. Failing to count a work- ployment for longer periods, and are it is an essential measure for those er’s most recent earnings not only de- losing benefits before they can find new still suffering from the effects of our nies unemployed workers benefits, but jobs. In January 2002, a total of 373,000 uncertain economy. also cuts down on the duration and workers exhausted their benefits, a amount of benefits that some unem- sizeable 11 percent increase from the By Mr. DOMENICI (for himself ployed workers receive. same time last year. and Mr. BINGAMAN): These part-time and low-wage work- We faced similar troubles in the S. 2893. A bill to provide that certain ers pay into the unemployment sys- early 1990s, when, amidst a recession, Bureau of Land Management land shall tem, but fail to receive benefits. In Congress enacted an emergency Fed- be held in trust for the Pueblo of Santa January, Democratic Senators were eral extended benefits program de- Clara and the Pueblo of San Ildefonso joined by ten of our Republican col- signed to help unemployed workers and in the State of New Mexico; to the leagues in a vote to provide temporary their families. Some analysts suggest Committee on Energy and Natural Re- benefits to part-time and low-wage that without that program, approxi- sources. workers, as well as increasing benefit mately 70 percent of unemployed fami- Mr. DOMENICI. Mr. President, I am levels and extending benefits. The Eco- lies would have ended up with incomes pleased to be joined by Senator BINGA- nomic Security Act of 2002 incor- below the federal poverty line. When MAN in introducing legislation that de- porates these important provisions. our Nation faces such an economic clares the United States holds certain Too often, those who receive unem- downturn, action is essential to help public domain lands in trust for the ployment find that unemployment hard-working Americans get back on Pueblos of San Ildefonso and Santa checks are not sufficient to meet basic their feet after a devastating layoff. Clara in New Mexico. needs. In some states, the maximum Now, in the midst of another economic In 1988 the Bureau of Land Manage- weekly benefit amount is less than the downturn, we must also act to provide ment (BLM), pursuant to the Federal poverty level for a one-parent, two- American families with the assistance Lands Policy and Management Act, de- child family. Raising benefit levels they need. clared approximately 4,484 acres lo- helps families stay out of poverty and I rise today in support of a bill to be cated in the eastern foothills of the invests more in the economy. After all, introduced by my colleague, Senator Jemez Mountains in north central New

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00142 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 1, 2002 CONGRESSIONAL RECORD — SENATE S7959 Mexico, including portions of Garcia This unique situation presents a win- proximately 2,484 acres of Bureau of Land and Chupadero Canyons, to be ‘‘dis- win opportunity to support more effi- Management land located in Rio Arriba posal property.’’ The Garcia Canyon cient management of public resources County, New Mexico, and more particularly surplus lands qualify for disposal par- while restoring to tribal control iso- described as— (1) the portion of T. 20 N., R. 7 E., Sec. 22, tially because the tract is an isolated lated tracts of federal disposal prop- New Mexico Principal Meridian, that is lo- tract of land almost inaccessible to the erty. Upon transfer, the Pueblos of cated north of the boundary line; general public. It is surrounded on Santa Clara and San Ildefonso intend (2) the southern half of T. 20 N., R. 7 E., three sides by the reservations of to maintain these lands in their nat- Sec. 23, New Mexico Principal Meridian; Santa Clara Pueblo and the Pueblo of ural state and use them for sustainable (3) the southern half of T. 20 N., R. 7 E., San Ildefonso, and by U.S. Forest Serv- traditional purposes including cultural Sec. 24, New Mexico Principal Meridian; ice land on the remaining side. The resource gathering, hunting and pos- (4) T. 20 N., R. 7 E., Sec. 25, excluding the only road access consists of unim- sibly livestock grazing. Where appro- 5–acre tract in the southeast quarter owned proved roads through the two Pueblo’s priate, both tribes are interested in by the Pueblo of San Ildefonso; (5) the portion of T. 20 N., R. 7 E., Sec. 26, reservations. These factors have re- performing work to restore and im- New Mexico Principal Meridian, that is lo- sulted in minimal or no public usage of prove ecosystem health, particularly to cated north and east of the boundary line; the Garcia Canyon surplus lands in re- support habitat for culturally signifi- (6) the portion of T. 20 N., R. 7 E., Sec. 27, cent decades. cant animal and plant species. Both New Mexico Principal Meridian, that is lo- I understand that currently there are Pueblos have experienced Natural Re- cated north of the boundary line; no resource permits, leases, patents or source Management and Environ- (7) the portion of T. 20 N., R. 8 E., Sec. 19, claims affecting these lands. It is un- mental Protection programs and are New Mexico Principal Meridian, that is not likely that any significant minerals capable of managing these lands for included in the Santa Clara Pueblo Grant or both ecologic health and community the Santa Clara Indian Reservation; and exist with the Garcia Canyon transfer (8) the portion of T. 20 N., R. 8 E., Sec. 30, lands. The Garcia Canyon transfer benefits. that is not included in the Santa Clara Pueb- lands contain a limited amount of less- We want to secure Congressional au- lo Grant or the San Ildefonso Grant. er quality forage for livestock and have thorization to transfer control of these SEC. 3. TRUST FOR THE PUEBLO OF SAN not been actively grazed for over a dec- lands to the two Pueblos, with legal ILDEFONSO, NEW MEXICO. ade. However, the Garcia Canyon sur- title being held in trust by the Sec- (a) IN GENERAL.—All right, title, and inter- plus lands constitute an important retary of Interior for each of the Pueb- est of the United States in and to the land part of the ancestral homelands of the los for their respective portions of the described in subsection (b), including im- Pueblos of Santa Clara and San property. I urge my colleagues to sup- provements on, appurtenances to, and min- port this legislation. I ask unanimous eral rights (including rights to oil and gas) Ildefonso. to the land, shall be held by the United Santa Clara and San Ildefonso are consent that the text of the bill be States in trust for the Pueblo of San two of the Tewa-speaking federally- printed in the RECORD. Ildefonso, New Mexico. recognized Indian Pueblos of New Mex- There being no objection, the bill was (b) DESCRIPTION OF LAND.—The land re- ico. Both Pueblos have occupied and ordered to be printed in the RECORD, as ferred to in subsection (a) consists of ap- controlled the areas where they are follows: proximately 2,000 acres of Bureau of Land presently located since many centuries S. 2893 Management land located in Rio Arriba before the arrival of the first Euro- Be it enacted by the Senate and House of Rep- County and Santa Fe County in the State of peans in the area in late 16th century. resentatives of the United States of America in New Mexico, and more particularly described Congress assembled, as— Their homelands are defined by geo- (1) the portion of T. 20 N., R. 7 E., Sec. 22, graphical landmarks, cultural sites, SECTION 1. DEFINITIONS. In this Act: New Mexico Principal Meridian, that is lo- and other distinct places whose tradi- cated south of the boundary line; (1) AGREEMENT.—The term ‘‘Agreement’’ tional Tewa names and locations have means the agreement entitled ‘‘Agreement (2) the portion of T. 20 N., R. 7 E., Sec. 26, been known and passed down in each to Affirm Boundary Between Pueblo of Santa New Mexico Principal Meridian, that is lo- Pueblo through the generations. Based Clara and Pueblo of San Ildefonso Aboriginal cated south and west of the boundary line; upon these boundaries, about 2,000 Lands Within Garcia Canyon Tract’’, entered (3) the portion of T. 20 N., R. 7 E., Sec. 27, acres of the Garcia Canyon surplus into by the Governors on December 20, 2000. New Mexico Principal Meridian, that is located south of the boundary line; (2) BOUNDARY LINE.—The term ‘‘boundary lands is within the aboriginal domain (4) T. 20 N., R. 7 E., Sec. 34, New Mexico of the Pueblo of San Ildefonso. The re- line’’ means the boundary line established under section 4(a). Principal Meridian; and maining lands, approximately 2,484 (5) the portion of T. 20 N., R. 7 E., Sec. 35, (3) GOVERNORS.—The term ‘‘Governors’’ acres are in Santa Clara’s aboriginal means— New Mexico Principal Meridian, that is not lands. (A) the Governor of the Pueblo of Santa included in the San Ildefonso Pueblo Grant. The Bureau of Land Management Clara, New Mexico; and SEC. 4. SURVEY AND LEGAL DESCRIPTIONS. currently seeks to dispose of the Gar- (B) the Governor of the Pueblo of San (a) SURVEY.—Not later than 180 days after cia Canyon surplus lands and the Pueb- Ildefonso, New Mexico. the date of enactment of this Act, the Office los of Santa Clara and San Ildefonso (4) INDIAN TRIBE.—The term ‘‘Indian tribe’’ of Cadastral Survey of the Bureau of Land seek to obtain these lands. In addition, has the meaning given the term in section 4 Management shall, in accordance with the Agreement, complete a survey of the bound- the BLM and Interior Department for of the Indian Self-Determination and Edu- cation Assistance Act (25 U.S.C. 450b). ary line established under the Agreement for years have supported the transfer of (5) PUEBLOS.—The term ‘‘Pueblos’’ means— the purpose of establishing, in accordance the land to the two Pueblos, provided (A) the Pueblo of Santa Clara, New Mexico; with sections 2(b) and 3(b), the boundaries of the Pueblos agree upon a division of and the trust land. the Garcia Canyon surplus lands. In re- (B) the Pueblo of San Ildefonso, New Mex- (b) LEGAL DESCRIPTIONS.— sponse, the two Pueblos signed a for- ico. (1) PUBLICATION.—On approval by the Gov- mal agreement affirming the boundary (6) SECRETARY.—The term ‘‘Secretary’’ ernors of the survey completed under sub- between their respective parcels on De- means the Secretary of the Interior. section (a), the Secretary shall publish in the (7) TRUST LAND.—The term ‘‘trust land’’ Federal Register— cember 20, 2000. (A) a legal description of the boundary The Pueblos of Santa Clara and San means the land held by the United States in trust under section 2(a) or 3(a). line; and Ildefonso have worked diligently in ar- SEC. 2. TRUST FOR THE PUEBLO OF SANTA (B) legal descriptions of the trust land. riving at this agreement. They have CLARA, NEW MEXICO. (2) TECHNICAL CORRECTIONS.—Before the also worked collaboratively in seeking (a) IN GENERAL.—All right, title, and inter- date on which the legal descriptions are pub- community support and garnering sup- est of the United States in and to the land lished under paragraph (1)(B), the Secretary porting resolutions from Los Alamos, described in subsection (b), including im- may correct any technical errors in the de- Rio Arriba and Santa Fe Counties, the provements on, appurtenances to, and min- scriptions of the trust land provided in sec- National Congress of American Indians eral rights (including rights to oil and gas) tions 2(b) and 3(b) to ensure that the descriptions are consistent with the terms of the and supporting letters from the Na- to the land, shall be held by the United States in trust for the Pueblo of Santa Clara, Agreement. tional Audubon Society’s New Mexico New Mexico. (3) EFFECT.—Beginning on the date on State Office, the Quivira Coalition and (b) DESCRIPTION OF LAND.—The land re- which the legal descriptions are published the Santa Fe Group of the Sierra Club. ferred to in subsection (a) consists of ap- under paragraph (1)(B), the legal descriptions

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00143 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7960 CONGRESSIONAL RECORD — SENATE August 1, 2002 shall be the official legal descriptions of the Kyl, Hutchison, and Snowe for joining for helping protect America’s 361 sea- trust land. me in sponsoring this bill. ports. While the Senate passed S. 1214, SEC. 5. ADMINISTRATION OF TRUST LAND. Currently, our seaports are the gap- a bill written by Senator Hollings last (a) IN GENERAL.—Beginning on the date of ing hole in our Nation’s defense against December, and the House has also enactment of this Act— terrorism. Of the over 18 million ship- passed a port security bill, conference (1) the land held in trust under section 2(a) shall be declared to be a part of the Santa ping containers that enter our ports negotiations are still ongoing. Clara Indian Reservation; and each year, 6 million come from over- I hope the conferees will adopt the (2) the land held in trust under section 3(a) seas. However, only 1 or 2 percent of provisions in this bill before they com- shall be declared to be a part of the San these containers are inspected, and in- plete their work in conference because Ildefonso Indian Reservation. spections almost invariably occur after I believe that this bill is the only legis- (b) APPLICABLE LAW.— the containers arrive in the United lation that thoroughly addresses the (1) IN GENERAL.—The trust land shall be ad- States. issue of port security from the point ministered in accordance with any law (in- cargo is loaded in a foreign country to cluding regulations) or court order generally The problem is that single container applicable to property held in trust by the could contain 60,000 pounds of explo- its arrival on land in the United United States for Indian tribes. sives, 10 to 15 times the amount in the States. (2) PUEBLO LANDS ACT.—The following shall Ryder truck used to blow up the We have known for a long time that be subject to section 17 of the Act of June 7, Murrah Federal Building in Oklahoma America’s ports needed an extensive se- 1924 (commonly known as the ‘‘Pueblo Lands city, and a single container ship can curity strategy and upgrade. In the fall Act’’) (25 U.S.C. 331 note): carry as many as 8,000 containers at of 2000, a comprehensive report was (A) The trust land. one time. Containers could easily be issued by the Interagency Commission (B) Any land owned as of the date of enact- on Crime and Security in U.S. Sea- ment of this Act or acquired after the date of exploited to detonate a bomb that would destroy a bridge, seaport, or ports. I testified before the commission enactment of this Act by the Pueblo of and I believe its report makes a num- Santa Clara in the Santa Clara Pueblo other critical infrastructure, causing Grant. mass destruction and killing thou- ber of sensible suggestions on how we (C) Any land owned as of the date of enact- sands. can improve security and fight crime ment of this Act or acquired after the date of Worse, a suitcase-sized nuclear de- at seaports. enactment of this Act by the Pueblo of San vice or radiological ‘‘dirty bomb’’ could Before the September 11 terrorist at- Ildefonso in the San Ildefonso Pueblo Grant. also be installed in a container and tacks, S. 1214 was drafted to try to im- (c) USE OF TRUST LAND.— shipped to the United States. The odds plement many of the commission’s rec- (1) IN GENERAL.—Subject to the criteria de- ommendations. Before the bill passed veloped under paragraph (2), the trust land that the container would never be inspected. And, even if the container was the Senate in December 2001, the spon- may be used only for— sors made some additional changes to (A) traditional and customary uses; or inspected, it would be too late. The (B) stewardship conservation for the ben- weapon would already be in the United help prevent a terrorist attack. How- efit of the Pueblo for which the trust land is States—most likely near a major popu- ever, I believe that there is much more Congress can do to prevent terrorists held in trust. lation center. (2) CRITERIA.—The Secretary shall work There is no doubt in my mind that from launching a terrorist attack with the Pueblos to develop appropriate cri- terrorists are seeking to exploit through our seaports. teria for using the trust land in a manner The legislation I am introducing vulnerabilities at our seaports right that preserves the trust land for traditional today will complement the Hollings now. and customary uses or stewardship conserva- bill and the seaport security legislation For example, a recent article in the tion. passed by the House. Together, I be- (3) LIMITATION.—Beginning on the date of Bangkok Post notes that ‘‘Al-Qaeda is lieve the provisions in these three bills enactment of this Act, the trust land shall among international terrorist will erect a formidable security barrier not be used for any new commercial develop- organisations responsible for an in- ments. at our seaports. crease in piracy against ships carrying I believe that Al Qaeda is planning to SEC. 6. EFFECT. radioactive materials through the Ma- Nothing in this Act— attack the United States again soon (1) affects any valid right-of-way, lease, lacca Straits.... The terrorist and that it may well try to do so permit, mining claim, grazing permit, water groups’ main aims were to obtain sub- through a U.S. seaport. Indeed, the Al right, or other right or interest of a person stances such as uranium and pluto- Qaeda training manual specifically or entity (other than the United States) that nium oxide for use in so-called dirty mentions seaports as a point of vulner- is— bombs.’’ ability in our security. (A) in or to the trust land; and In addition, any attack on or through In addition, we know that Al Qaeda (B) in existence before the date of enact- a seaport could have devastating eco- ment of this Act; has succeeded in attacking American nomic consequences. Every year U.S. interests at and through seaports in (2) enlarges, impairs, or otherwise affects a ports handle over 800 million tons of right or claim of the Pueblos to any land or the past. Let me mention some exam- interest in land that is— cargo valued at approximately $600 bil- ples. (A) based on Aboriginal or Indian title; and lion. In June, the FBI issued a warning for (B) in existence before the date of enact- Excluding trade with Mexico and Americans to be on the lookout for sus- ment of this Act; Canada, America’s ports handle 95 per- picious people wanting training in (3) constitutes an express or implied res- cent of U.S. trade. Two of the busiest scuba diving or trying to rent under- ervation of water or water right with respect ports in the world are in my home water gear. Law enforcement officials to the trust land; or State of California: Los Angeles/Long fear that Al Qaeda operatives could try (4) affects any water right of the Pueblos Beach and at Oakland. to blow up ships at anchor or other wa- in existence before the date of enactment of We cannot inspect every container this Act. terfront targets. coming into the United States, but we In May the FBI received reports that By Mrs. FEINSTEIN (for herself, can do a better job devoting our atten- Al Qaeda terrorists may be making Mr. KYL, Mrs. HUTCHISON, and tion to cargo that could put our na- their way toward Southern California Ms. SNOWE): tional security at risk. The legislation from a Middle Eastern port via mer- S. 2895. A bill to enhance the security we introduce today will ensure that we chant ships. Catalina Island—22 miles of the United States by protecting sea- devote the limited resources we do off the coast of Los Angles, was men- ports, and for other purposes; to the have to inspect cargo in the most effi- tioned as a possible destination for Committee, Science, and Transpor- cient and effective manner. It will about 40 Al Qaeda terrorists. tation. allow us to reduce the size of the hay- In October 2001, Italian authorities Mrs. FEINSTEIN. Mr. President, I stack to make it easier to find the nee- found an Egyptian man suspected for rise today to introduce the Comprehen- dle. having ties to Al Qaeda in a container sive Seaport and Container Security Since September 11th, the Federal bound for Canada. He had false identi- Act of 2002 to protect against terrorist Government has taken steps to secure fications, maps of airports, a computer, attacks on or through our Nation’s sea- our airports and our borders, however, a satellite phones, cameras, and plenty ports. I would like to thank Senators we still have not adopted a blueprint of cash on hand.

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00144 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 1, 2002 CONGRESSIONAL RECORD — SENATE S7961 In October 2000, Al Qaeda operatives alty is only a maximum of $1000 or Mr President, I ask unanimous con- successfully carried out a deadly bomb- $5000, depending on the offense. The sent that the text of the bill be printed ing attack against the U.S.S. Cole in Seaport Commission found that about in the RECORD. the port of Yemen. half of the information on ship mani- There being no objection, the bill was In 1998, Al Qaeda bombed the Amer- fests was inaccurate. ordered to be printed in the RECORD, as ican Embassies in Kenya and Tanzania. Require all port employees to have follows: Evidence suggests that the explosives biometric smart identification cards. S. 2895 the terrorists used were shipped to Restrict private vehicle access to Be it enacted by the Senate and House of Rep- them by sea. And the investigation of ports. resentatives of the United States of America in the embassy bombings concluded that Prohibit guns and explosives at Congress assembled, Bin Laden has close financial tries to ports, except when authorized. SECTION 1. SHORT TITLE. various shipping companies. Mandate that radiation detection This Act may be cited as the ‘‘Comprehen- I believe that this legislation would pagers be issued to each inspector. sive Seaport and Container Security Act of go far to make the United States less Requires the Transportation Secu- 2002’’. vulnerable to a terrorist attack. The rity Administration to set standards to SEC. 2. DEFINITIONS. main provisions will: 1. Establish a risk ensure each port has a secure port pe- In this Act: profiling plan for the Customs Service rimeter, secure parking facilities, con- (1) CAPTAIN-OF-THE-PORT.—The term ‘‘Cap- to focus their limited inspection capa- trolled points of access into the port, tain-of-the-Port’’ means the United States Coast Guard’s Captain-of-the-Port. bilities on high-risk cargo and con- sufficient lighting, buildings with se- (2) COMMON CARRIER.—The term ‘‘common tainers, and 2. Push U.S. security scru- cure doors and windows and an alarm. carrier’’ means any person that holds itself tiny beyond our Nation’s borders to Require all ports to keep sensitive in- out to the general public to provide trans- monitor and inspect cargo and con- formation on the port secure and pro- portation by water, land, or air of merchan- tainers before they arrive near Amer- tected. Such information would in- dise, whether or not the person actually op- ica’s shores. clude, but not be limited to maps, blue- erates the vessel, vehicle, or aircraft by These provisions complement and ex- prints, and information on the Inter- which the transportation is provided, be- tend a strategy Customs Commissioner net. tween a port or place and a port or place in Robert C. Bonner is already in the Require the use of high security seals the United States. (3) CONTAINER.—The term ‘‘container’’ process of implementing. To prevent a on all containers coming into the U.S. means a container which is used or designed weapon of mass destruction from get- Require that each container to be for use for the international transportation ting to the U.S. in the first place, Cus- transported through U.S. ports receive of merchandise by vessel, vehicle, or air- toms has entered into formal agree- a universal transaction number that craft. ments with a handful of foreign govern- could be used to track container move- (4) MANUFACTURER.—The term ‘‘manufac- ments to station U.S. inspectors at ment from origin to destination. Re- turer’’ means a person who fabricates or as- ports overseas to profile high risk quire shippers to have similar uni- sembles merchandise for sale in commerce. cargo and target suspicious shipments versal numbers. (5) MERCHANDISE.—The term ‘‘merchan- Require all empty containers des- dise’’ has the meaning given that term in for inspection. section 401 of the Tariff Act of 1930 (19 U.S.C. The Comprehensive Seaport and Con- tined for U.S. ports to be secured. 1401). tainer Security Act will also: Des- Fund pilot programs to develop high- (6) OCEAN TRANSPORTATION INTER- ignate an official at each U.S. port as tech seals and sensors, including those MEDIARY.—The term ‘‘ocean transportation the primary authority responsible for that would provide real-time evidence intermediary’’ has the meaning given that security. This will enable all parties in- of container tampering to a monitor at term in section 515.2 of title 46, Code of Fed- volved in business at a port to under- a terminal. eral Regulations, on the date of enactment stand who has final say on all security I believe that Congress should act of this Act. quickly on this legislation. This bill (7) SHIPMENT.—The term ‘‘shipment’’ matters. means cargo traveling in international com- Require the FBI to collect and make could very well prevent the arrival or merce under a bill of lading. available data relating to crime at and detonation of a nuclear ‘‘suitcase (8) SHIPPER.—The term ‘‘shipper’’ means— affecting seaports. With more data, law bomb’’ or radiological ‘‘dirty bomb’’ at (A) a cargo owner; enforcement agencies will be able to a U.S. seaport-an attack that could (B) the person for whose account the ocean better identify patterns and weak- bring U.S. seaborne commerce to a transportation is provided; nesses at particular ports. grinding halt, leaving our economy and (C) the person to whom delivery of the Require ports to provide space to national security in shambles. merchandise is to be made; or Customs so that the agency is able to In closing, I want to thank staff at (D) a common carrier that accepts respon- the Customs Service, Transportation sibility for payment of all charges applicable use its non-intrusive inspection tech- under a tariff or service contract. nology. In many cases, Customs has to Security Administration, Coast Guard, (9) UNITED STATES SEAPORT.—The term keep this technology outside the port and various ports for their helpful com- ‘‘United States seaport’’ means a place in and bring it in every day, which pre- ments on this legislation. I also want the United States on a waterway with shore- vents some of the best inspection tech- to thank a ‘‘working group’’ of experts side facilities for the intermodal transfer of nology, which is not portable, from I assembled for their suggestions re- cargo containers that are used in inter- being used. garding the bill. These experts included national trade. Give Customs responsibility of li- former government officials, industry (10) VESSEL.—The term ‘‘vessel’’ has the executives, and security consultants. meaning given that term in section 401 of the censing and overseeing regulated inter- Tariff Act of 1930 (19 U.S.C. 1401). mediaries in the international trade I also want to thank Senator Hol- process, these intermediaries handle lings and the other members of the TITLE I—LAW ENFORCEMENT AT SEAPORTS over 80 percent of all cargo in inter- Commerce Committee for the work national trade. Currently, the U.S. they have done on the port security SEC. 101. DESIGNATED SECURITY AUTHORITY. issue. I have spoken to Senator Hol- (a) IN GENERAL.—Not later than 90 days Federal Maritime Commission oversees after the date of enactment of this Act, the most of these intermediaries, but Cus- lings about the bill I am introducing Under Secretary of Transportation for Secu- toms will have more resources to over- today, and my staff is working with his rity, after consultation with the Director of see this regulation. staff and with the staff of other con- the Office of Homeland Security, shall des- Require shippers bound for U.S. ports ferees to come up with comprehensive ignate a Director of the Port who will be the to transmit their cargo manifests with seaport security legislation. primary authority responsible for security at more detailed information at least 24 I hope that the legislation ultimately each United States seaport to— hours prior to departing from a foreign adopted by the conference includes the (1) coordinate security at such seaport; and Comprehensive Seaport and Container (2) be the point of contact on seaport secu- port. rity issues for civilian and commercial port Impose steep monetary sanctions for Security Act of 2002. I would urge the entities at such seaport. failure to comply with information fil- conferees to work quickly to draft a (b) DELEGATION.—A Director of the Port ing requirements, including filing in- final bill that we can send to the Presi- may delegate the responsibilities described correct information, the current pendent’s desk before September 11. in subsection (a) to the Captain-of-the-Port.

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SEC. 102. FBI CRIME DATA COLLECTION. (1) IN GENERAL.—The provisions of this Act ‘‘(iv) The date of scheduled arrival and de- Not later than 180 days after the date of shall not affect any proceedings, including parture. enactment of this Act, the Director of the notices of proposed rule making, or any ap- ‘‘(v) A request for a permit to proceed to Federal Bureau of Investigation shall imple- plication for any license, permit, certificate, the destination, if such permit is required. ment a data collection system to compile or financial assistance pending on the effec- ‘‘(vi) The numbers and quantities from the data related to crimes at or affecting United tive date of this Act before the Federal Mari- carrier’s master air waybill, bills of lading, States seaports. Such data collection system time Commission with respect to functions or ocean bills of lading. shall be designed to— transferred by this Act, but such proceedings ‘‘(vii) The first port of lading of the cargo (1) identify patterns of criminal activity at or applications, to the extent that they re- and the city in which the carrier took re- particular seaports; and late to functions transferred, shall be contin- ceipt of the cargo. (2) allow law enforcement authorities, in- ued. Orders shall be issued in such pro- ‘‘(viii) A description and weight of the cluding the designated law enforcement au- ceedings, appeals shall be taken therefrom, cargo (including the Harmonized Tariff thority for each seaport described in section and payments shall be made under such or- Schedule of the United States number under 101, to retrieve reliable data regarding such ders, as if this Act had not been enacted, and which the cargo is classified) or, for a sealed crimes. orders issued in any such proceedings shall container, the shipper’s declared description SEC. 103. CUSTOMS SERVICE FACILITIES. continue in effect until modified, termi- and weight of the cargo. ‘‘(ix) The shipper’s name and address, or an (a) OPERATIONAL SPACE IN SEAPORTS.—Each nated, superseded, or revoked by the head of entity that owns or operates a United States the Federal agency to which such functions identification number, from all air waybills seaport that receives cargo from a foreign are transferred by this Act, by a court of and bills of lading. country, whether governmental, quasi-gov- competent jurisdiction, or by operation of ‘‘(x) The consignee’s name and address, or ernmental, or private, shall allow the use of law. Nothing in this subsection prohibits the an identification number, from all air way- permanent suitable office and inspection discontinuance or modification of any such bills and bills of lading. space within the seaport by United States proceeding under the same terms and condi- ‘‘(xi) Notice of any discrepancy between Customs Service officers at no cost to the tions and to the same extent that such pro- actual boarded quantities and air waybill or Customs Service. ceeding could have been discontinued or bills of lading quantities, except that a carrier is not required by this clause to verify (b) INSPECTION TECHNOLOGY.—The Commis- modified if this Act had not been enacted. sioner of Customs shall maintain permanent (2) REGULATIONS.—The Commissioner of boarded quantities of cargo in sealed con- inspection facilities that utilize available in- Customs is authorized to issue regulations tainers. spection technology in the space provided at providing for the orderly transfer of pro- ‘‘(xii) Transfer or transit information for each United States seaport pursuant to sub- ceedings continued under paragraph (1). the cargo while it has been under the control section (a). TITLE II—PUSHING OUT THE BORDER of the carrier. ‘‘(xiii) The location of the warehouse or SEC. 104. REGULATION OF OCEAN TRANSPORT SEC. 201. INSPECTION OF MERCHANDISE AT FOR- other facility where the cargo was stored INTERMEDIARIES. EIGN FACILITIES. while under the control of the carrier. (a) TRANSFER OF AUTHORITY.—The respon- Not later than 180 days after the date of ‘‘(xiv) The name and address, or identifica- sibility to license, and revoke or suspend a enactment of this Act, the Commissioner of tion number of the carrier’s customer includ- license, as an ocean transportation inter- Customs, in consultation with the Under ing the forwarder, nonvessel operating com- mediary of a person who carries on or wishes Secretary of Transportation for Security, mon carrier, and consolidator. to carry on the business of providing inter- shall submit to Congress a plan to— ‘‘(xv) The conveyance name, national flag, mediary services is transferred from the Fed- (1) station inspectors from the Customs and tail number, vessel number, or train eral Maritime Commission to the Commis- Service, other Federal agencies, or the pri- number. sioner of Customs. vate sector at the foreign facilities of manu- ‘‘(xvi) Country of origin and ultimate des- (b) RULEMAKING AUTHORITY.—Not later facturers or common carriers to profile and tination. than 1 year after the date of enactment of inspect merchandise and the containers or ‘‘(xvii) Carrier’s reference number includ- this Act, the Commissioner of Customs shall other means by which such merchandise is ing the booking or bill number. issue final regulations to carry out the re- transported as they are prepared for ship- ‘‘(xviii) Shipper’s commercial invoice num- quirements of subsection (a). Such regula- ment on a vessel that will arrive at any port ber and purchase order number. tions shall require that ocean transportation or place in the United States; ‘‘(xix) Information regarding any haz- intermediaries assist the Commissioner of (2) develop procedures to ensure the secu- ardous material contained in the cargo. Customs in collecting data that can be used rity of merchandise inspected as described in ‘‘(xx) License information including the li- to prevent terrorist attacks in the United paragraph (1) until it reaches the United cense code, license number, or exemption States. States; and code. (c) INTERIM RULES.—The Commissioner of (3) permit merchandise inspected as de- ‘‘(xxi) Container number for containerized Customs shall enforce the regulations in part scribed in paragraph (1) to receive expedited shipments. 515 of title 46, Code of Federal Regulations, inspection upon arrival in the United States. ‘‘(xxii) Certification of any empty con- as in effect on the date of enactment of this SEC. 202. MANIFEST REQUIREMENTS. tainers. Act, until the final regulations required by Section 431(b) of the Tariff Act of 1930 (19 ‘‘(xxiii) Any additional information that subsection (b) are issued, except that any U.S.C. 1431(b)) is amended— the Secretary by regulation determines is reference to the Federal Maritime Commis- (1) by striking ‘‘Any manifest’’ and insert- reasonably necessary to ensure aviation, sion in such regulations shall be deemed to ing the following: maritime, and surface transportation safety be a reference to the Commissioner of Cus- ‘‘(1) IN GENERAL.—Any manifest’’; and pursuant to those laws enforced and adminis- toms. (2) by adding at the end the following new tered by the Customs Service.’’. (d) CONTINUING EFFECT OF LEGAL DOCU- paragraphs: SEC. 203. PENALTIES FOR INACCURATE MANI- MENTS.—All orders, determinations, rules, ‘‘(2) REQUIRED INFORMATION.— FEST. regulations, permits, agreements, grants, ‘‘(A) REQUIREMENT.—In addition to any (a) FALSITY OR LACK OF MANIFEST.—Sec- other requirement under this section, the contracts, certificates, licenses, registration 584 of the Tariff Act of 1930 (19 U.S.C. tions, privileges, and other administrative pilot, master, operator, or owner (or the au- 1584) is amended— actions relating to ocean transportation thorized agent of such owner or operator) of (1) in subsection (a)(1)— intermediary— every vessel required to make entry or ob- (A) by striking ‘‘$1,000’’ each place it ap- (1) which have been issued, made, granted, tain clearance under the customs laws of the pears and inserting ‘‘$50,000’’; and or allowed to become effective by the Presi- United States shall, not later than 24 hours (B) by striking ‘‘$10,000’’ and inserting dent, any Federal agency or official thereof, prior to departing from any foreign port or ‘‘$50,000’’; and or by a court of competent jurisdiction, in place for a port or place in the United (2) by adding at the end the following new the performance of functions which are States, transmit electronically the cargo subsection: transferred under subsection (a), and manifest information described in subpara- ‘‘(c) CRIMINAL PENALTIES.—Any person who (2) which are in effect at the time this Act graph (B) in such manner and form as the ships or prepares for shipment any merchan- takes effect, or were final before the effec- Secretary shall prescribe. The Secretary dise bound for the United States who inten- tive date of this Act and are to become effec- shall ensure the electronic information is tionally provides inaccurate or false infor- tive on or after the effective date of this Act, maintained securely, and is available only to mation, whether inside or outside the United shall continue in effect according to their individuals with Federal Government secu- States, with respect to such merchandise for terms until modified, terminated, super- rity responsibilities. the purpose of introducing such merchandise seded, set aside, or revoked in accordance ‘‘(B) CONTENT.—The cargo manifest re- into the United States in violation of the with law by the President, the head of the quired by subparagraph (A) shall consist of customs laws of the United States, is liable, Federal agency to which such functions are the following information— upon conviction of a violation of this sub- transferred under this Act or other author- ‘‘(i) The port of arrival and departure. section, for a fine of not more than $50,000 or ized official, a court of competent jurisdic- ‘‘(ii) The carrier code assigned to the ship- imprisonment for 1 year, or both; except that tion, or by operation of law. per. if the importation of such merchandise into (e) PROCEEDINGS NOT AFFECTED.— ‘‘(iii) The flight, voyage, or trip number. the United States is prohibited, such person

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00146 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 1, 2002 CONGRESSIONAL RECORD — SENATE S7963 is liable for an additional fine of not more mation described in subsection (b) with other Federal and State mitigation remedies, and than $50,000 or imprisonment for not more law enforcement and national security infor- other factors from which it may be con- than 5 years, or both.’’. mation that the Commissioner believes will cluded that the individual does not pose a (b) PENALTIES FOR VIOLATIONS OF THE AR- assist in locating containers and shipments terrorism security risk sufficient to warrant RIVAL, REPORTING, ENTRY, AND CLEARANCE that could pose a threat to the security of denial of the card. REQUIREMENTS.—Subsections (b) and (c) of the United States to create a profile of every (d) APPEALS.—The Under Secretary of section 436 of Tariff Act of 1930 (19 U.S.C. 1436 container and every shipment within the Transportation for Security shall establish (b) and (c)) are amended to read as follows: container that will enter the United States. an appeals process under this section for in- ‘‘(b) CIVIL PENALTY.—Any master, person (d) CARGO SCREENING.— dividuals found to be ineligible for a seaport in charge of a vessel, vehicle, or aircraft (1) IN GENERAL.—Customs Service officers security card that includes notice and an op- pilot who commits any violation listed in shall review the profile of a shipment that a portunity for a hearing. subsection (a) is liable for a civil penalty of shipper desires to transport into the United (e) DATA ON CARD.—The seaport identifica- $25,000 for the first violation, and $50,000 for States to determine if the shipment or the tion cards required by subsection (a) shall— each subsequent violation, and any convey- container in which it is carried should be (1) be tamper resistant; and ance used in connection with any such viola- subjected to additional inspection by the (2) contain— tion is subject to seizure and forfeiture. Customs Service. In making that determina- (A) the number of the individual’s commer- ‘‘(c) CRIMINAL PENALTY.—In addition to tion, the Customs Service officers shall con- cial driver’s license issued under chapter 313 being liable for a civil penalty under sub- sider in addition to any other relevant fac- of title 49, United States Code, if any; section (b), any master, person in charge of tors— (B) the State-issued vehicle registration a vessel, vehicle, or aircraft pilot who inten- (A) whether the shipper has regularly number of any vehicle that the individual de- tionally commits or causes another to com- shipped cargo to the United States in the sires to bring into the seaport, if any; mit any violation listed in subsection (a) is, past; and (C) the work permit number issued to the upon conviction, liable for a fine of not more (B) the specificity of the description of the individual, if any; than $50,000 or imprisonment for 1 year, or shipment’s contents. both; except that if the conveyance has, or is (D) a unique biometric identifier to iden- (2) NOTIFICATION.—The Commissioner of discovered to have had, on board any mer- tify the license holder; and Customs shall notify the shipper and the per- chandise (other than sea stores or the equiv- (E) a safety rating assigned to the indi- son in charge of the vessel on which a ship- alent for conveyances other than vessels) the vidual by the Under Secretary of Transpor- ment is located if the shipment will be sub- importation of which into the United States tation for Security. ject to additional inspection as described in is prohibited, such individual is liable for an SEC. 302. SEAPORT SECURITY REQUIREMENTS. paragraph (1). additional fine of not more than $50,000 or (a) REQUIREMENT.—Not later than 180 days (e) CONSISTENCY WITH THE AUTOMATED COM- imprisonment for not more than 5 years, or after the date of enactment of this Act, the MERCIAL ENVIRONMENT PROJECT.—The Com- both.’’. Under Secretary of Transportation for Secu- missioner of Customs shall ensure that the rity, after consultation with the Commis- SEC. 204. SHIPMENT PROFILING PLAN. automated commercial environment project (a) IN GENERAL.—The Commissioner of sioner of Customs, shall issue final regula- developed pursuant to section 411 of the Tar- tions setting forth minimum security re- Customs, after consultation with the Direc- iff Act of 1930 (19 U.S.C. 1411) is compatible tor of the Office of Homeland Security and quirements including security performance with the shipment profile plan described standards at United States seaports. The the Under Secretary of Transportation for under this section. Security, shall develop a shipment profiling regulations shall— plan to track containers and shipments of TITLE III—SECURITY OF CARGO (1) limit private vehicle access to United merchandise that will be imported into the CONTAINERS AND SEAPORTS States seaports to vehicles that are reg- United States for the purpose of identifying SEC. 301. SEAPORT SECURITY CARDS. istered at the seaport and display a seaport any shipment that is a threat to the security (a) REQUIREMENT FOR CARDS.—Not later registration pass; of the United States before such shipment is than 1 year after the date of enactment of (2) prohibit individuals, other than law en- transported to a United States seaport. this Act, a covered individual described in forcement officers, from carrying firearms or (b) INFORMATION REQUIREMENTS.—The ship- subsection (b) shall not be permitted to enter explosives inside a United States seaport ment profiling plan described in subsection a United States seaport unless the covered without written authorization from the Di- (a) shall at a minimum— individual holds a seaport security card as rector of the Port described in section 101(a) (1) require common carriers, shippers, and described in this section. or, if authority is delegated under section ocean transportation intermediaries to pro- (b) COVERED INDIVIDUAL.—A ‘‘covered indi- 101(b), the Captain-of-the-Port; vide appropriate information regarding each vidual’’ means an individual who is regularly (3) prohibit individuals from physically ac- shipment of merchandise, including the in- employed at a United States seaport or who cessing a United States seaport without a formation required under section 431(b) of is employed by a common carrier that trans- seaport specific access pass; the Tariff Act of 1930 (19 U.S.C. 1431(b)) as ports merchandise to or from a United (4) require that Customs Service officers, amended by this Act, to the Commissioner of States seaport. and other appropriate law enforcement offi- Customs; and (c) ISSUANCE.— cers, at United States seaports be provided (2) require shippers to use a standard inter- (1) IN GENERAL.—The Under Secretary of and utilize personal radiation detection national bill of lading for each shipment that Transportation for Security shall issue a pagers to increase the ability of the Customs includes— seaport security card under this section to a Service to accurately detect radioactive ma- (A) the weight of the cargo; covered individual unless the Under Sec- terials that could be used to commit ter- (B) the value of the cargo; retary determines that the individual— rorist acts in the United States; (C) the vessel name; (A) poses a terrorism security risk; (5) require that each United States seaport (D) the voyage number; (B) poses a security risk under section maintain— (E) a description of each container; 5103a of title 49, United States Code; (A) a secure perimeter; (F) a description of the nature, type, and (C) has been convicted of a violation of (B) secure parking facilities; contents of the shipment; chapter 27 of title 18, United States Code; or (C) monitored or locked access points; (G) the code number from Harmonized Tar- (D) has not provided sufficient information (D) sufficient lighting; and iff Schedule; to allow the Under Secretary to make the (E) secure buildings within the seaport; (H) the port of destination; determinations described in subparagraph and (I) the final destination of the cargo; (A), (B), or (C). (6) include any additional security require- (J) the means of conveyance of the cargo; (2) DETERMINATION OF TERRORISM SECURITY ment that the Under Secretary determines is (K) the origin of the cargo; RISK.—The Under Secretary shall determine reasonably necessary to ensure seaport secu- (L) the name of the precarriage deliverer that a person poses a terrorism security risk rity. or agent; under paragraph (1)(A) if the individual— (b) LIMITATION.—Except as provided in sub- (M) the port at which the cargo was loaded; (A) has been convicted of a felony that the section (c), any United States seaport that (N) the name of formatting agent; Under Secretary believes could be a ter- does not meet the minimum security re- (O) the bill of lading number; rorism security risk to the United States; quirements described in subsection (a) is pro- (P) the name of the shipper; (B) may be denied admission to the United hibited from— (Q) the name of the consignee; States or removed from the United States (1) handling, storing, stowing, loading, dis- (R) the universal transaction number or under the Immigration and Nationality Act charging, or transporting dangerous cargo; carrier code assigned to the shipper by the (8 U.S.C. 1101 et seq.); or and Commissioner of Customs; and (C) otherwise poses a terrorism security (2) transferring passengers to or from a (S) any additional information that the risk to the United States. passenger vessel that— Commissioner of Customs by regulation de- (3) CONSIDERATIONS.—In making a deter- (A) weighs more than 100 gross tons; termines is reasonably necessary to ensure mination under paragraph (2), the Under Sec- (B) carries more than 12 passengers for seaport safety. retary shall give consideration to the cir- hire; and (c) CREATION OF PROFILE.—The Commis- cumstances of any disqualifying act or of- (C) has a planned voyage of more than 24 sioner of Customs shall combine the infor- fense, restitution made by the individual, hours, part of which is on the high seas.

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(c) EXCEPTION.—The Under Secretary of tional laboratory, nonprofit private organi- (3) directs the Secretary of the Senate to Transportation for Security may waive 1 or zation, institution of higher education, or transmit an enrolled copy of this resolution more of the minimum requirements de- other entity that the Under Secretary deter- to Lance Armstrong. scribed in subsection (a) for a United States mines is eligible to receive a grant author- seaport if the Secretary determines that it is ized by paragraph (1). f not appropriate for such seaport to imple- (d) EMPTY CONTAINERS.— ment the requirement. (1) CERTIFICATION.—The Commissioner of SENATE RESOLUTION 316—A BILL SEC. 303. SECURING SENSITIVE INFORMATION. Customs shall issue regulations that set out requirements for certification of empty con- DESIGNATING THE YEAR BEGIN- (a) REQUIREMENT.—Not later than 90 days NING FEBRUARY 1, 2003, AS THE after the date of enactment of this Act, the tainers that will be shipped to or from the Director of the Port described in section United States either directly or via a foreign ‘‘YEAR OF THE BLUES’’ 101(a) or, if authority is delegated under sec- port. Such regulations shall require that an Mrs. LINCOLN (for herself, Mr. COCH- empty container— tion 101(b), the Captain-of-the-Port of each RAN, Mr. THOMPSON, and Mr. FRIST) United States seaport shall secure and pro- (A) be inspected and certified as empty prior to being loaded onto a vessel for trans- submitted the following resolution; tect all sensitive information, including in- which was referred to the Committee formation that is currently available to the portation to a United States seaport; and public, related to the seaport. (B) be sealed with a high security con- on the Judiciary: (b) SENSITIVE INFORMATION.—In this sec- tainer seal approved under subsection (a)(1) S. RES. 316 tion, the term ‘‘sensitive information’’ to enhance the security of United States sea- Whereas blues music is the most influen- means— ports. tial form of American roots music, with its (1) maps of the seaport; impact heard around the world in rock and f (2) blueprints of structures located within roll, jazz, rhythm and blues, country, and the seaport; and even classical music; (3) any other information related to the se- STATEMENTS ON SUBMITTED RESOLUTIONS Whereas the blues is a national historic curity of the seaport that the Director of the treasure, which needs to be preserved, stud- Port described in section 101(a) or, if author- ied, and documented for future generations; ity is delegated under section 101(b), the Cap- Whereas the blues is an important docu- tain-of-the-Port determines is appropriate to SENATE RESOLUTION 315—CON- mentation of African-American culture in secure and protect. GRATULATING LANCE ARM- the twentieth century; SEC. 304. CONTAINER SECURITY. STRONG FOR WINNING THE 2002 Whereas the various forms of the blues (a) CONTAINER SEALS.— TOUR DE FRANCE document twentieth-century American his- (1) APPROVAL.—Not later than 90 days after tory during the Great Depression and in the the date of enactment of this Act, the Under Mrs. HUTCHISON (for herself, Mr. areas of race relations, pop culture, and the Secretary of Transportation for Security and GRAMM, Ms. SNOWE, Mr. BROWNBACK, migration of the United States from a rural, the Commissioner of Customs shall jointly and Mr. DURBIN) submitted the fol- agricultural society to an urban, industri- approve minimum standards for high secu- lowing resolution; which was referred alized Nation; rity container seals that— to the Committee on the Judiciary: Whereas the blues is the most celebrated (A) meet or exceed the American Society form of American roots music, with hun- for Testing Materials Level D seals; S. RES. 315 dreds of festivals held and millions of new or (B) permit each seal to have a unique iden- Whereas Lance Armstrong completed the reissued blues albums released each year in tification number; and 2,036-mile, 20-day course in 82 hours, 5 min- the United States; (C) contain an electronic tag that can be utes, and 12 seconds to win the 2002 Tour de Whereas the blues and blues musicians read electronically at a seaport. France, 7 minutes and 17 seconds ahead of from the United States, whether old or new, (2) REQUIREMENT FOR USE.—Within 180 days his nearest competitor; male or female, are recognized and revered after the date of enactment of this Act, the Whereas Lance Armstrong’s win on July worldwide as unique and important ambas- Under Secretary of Transportation for Secu- 28, 2002, in Paris, marks his fourth successive sadors of the United States and its music; rity shall deny entry by a vessel into the victory of the Tour de France, a feat sur- Whereas it is important to educate the United States if the containers carried by passing all cycling records previously at- young people of the United States to under- the vessel are not sealed with a high security tained by an American cyclist; stand that the music that they listen to container seal approved under paragraph (1). Whereas Lance Armstrong displayed in- today has its roots and traditions in the (b) IDENTIFICATION NUMBER.— credible perseverance, determination, and blues; (1) REQUIREMENT.—A shipment that is leadership to prevail over the mountainous Whereas there are many living legends of shipped to or from the United States either terrain of the Alps and Pyrenees, vast the blues in the United States who need to directly or via a foreign port shall have a stretches of countryside, and numerous city be recognized and to have their story cap- designated universal transaction number. streets during the course of the premier cy- tured and preserved for future generations; (2) TRACKING.—The person responsible for cling event in the world; and the security of a container shall record the Whereas Lance Armstrong is the first can- Whereas the year 2003 is the centennial an- universal transaction number assigned to cer survivor to win the Tour de France; niversary of when W.C. Handy, a classically- the shipment under subparagraph (1), as well Whereas in 1997, Lance Armstrong defeated trained musician, heard the blues for the as any seal identification number on the con- choriocarcinoma, an aggressive form of tes- first time, in a train station in Mississippi, tainer, at every port of entry and point at ticular cancer that had spread throughout thus enabling him to compose the first blues which the container is transferred from one his abdomen, lungs, and brain, and after music to distribute throughout the United conveyance to another conveyance. treatment has remained cancer-free for the States, which led to him being named ‘‘Fa- (c) PILOT PROGRAM.— past 5 years; ther of the Blues’’: Now, therefore, be it (1) GRANTS.—The Under Secretary of Whereas Lance Armstrong’s bravery and Resolved, That the Senate— Transportation for Security is authorized to resolution to overcome cancer has made him (1) designates the year beginning February award grants to eligible entities to develop a role model to cancer patients and their 1, 2003, as the ‘‘Year of the Blues’’; and improved seals for cargo containers that are loved ones, and his efforts through the Lance (2) requests that the President issue a able to— Armstrong Foundation have helped to ad- proclamation calling on the people of the (A) immediately detect tampering with the vance cancer research, diagnosis, and treat- United States to observe the ‘‘Year of the seal; ment, and after-treatment services; Blues’’ with appropriate ceremonies, activi- (B) immediately detect tampering with the Whereas Lance Armstrong has been vital ties, and educational programs. walls, ceiling, or floor of the container that to the promotion of cycling as a sport, a indicates a person is attempting to improp- healthy fitness activity, and a pollution-free f erly access the container; and transportation alternative; and (C) transmit information regarding tam- Whereas Lance Armstrong’s accomplish- SENATE RESOLUTION 317—TO AU- pering with the seal, walls, ceiling, or floor ments as an athlete, teammate, father, hus- of the container in real time to the appro- band, cancer survivor, and advocate have THORIZE THE PRODUCTION OF priate authorities at a remote location. made him an American hero: Now, therefore, RECORDS BY THE PERMANENT (2) APPLICATION.—Each eligible entity de- be it SUBCOMMITTEE ON INVESTIGA- siring a grant under this subsection shall Resolved, That the Senate— TIONS OF THE COMMITTEE ON submit an application to the Under Sec- (1) congratulates Lance Armstrong and his GOVERNMENTAL AFFAIRS retary at such time, in such manner, and ac- team on his historic victory of the 2002 Tour companied by such information as the Under de France; Mr. DASCHLE (for himself and Mr. Secretary may reasonably require. (2) commends the unwavering commitment LOTT) submitted the following resolu- (3) ELIGIBLE ENTITY.—In this subsection, to cancer awareness and survivorship dem- tion; which was considered and agreed the term ‘‘eligible entity’’ means any na- onstrated by Lance Armstrong; and to:

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00148 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 1, 2002 CONGRESSIONAL RECORD — SENATE S7965 Whereas, the Permanent Subcommittee on Whereas we must improve and promote re- communication around the world and among Investigations of the Committee on Govern- porting procedures involving missing adults individuals who live side by side; mental Affairs has been conducting an inves- and unidentified deceased persons; and Whereas the endurance of human values tigation into the collapse of Enron Corpora- Whereas our Nation’s awareness, acknowl- and consideration for others is of prime im- tion and associated misconduct to determine edgment, and support of missing adults, and portance if civilization is to survive; and what took place and what, if any, legislative, encouragement of efforts to continue our Whereas being good neighbors to those regulatory or other reforms might be appro- search for these adults, must continue from around us is the first step toward human un- priate to prevent similar corporate failures this day forward: Now, therefore, be it derstanding: Now, therefore, be it and misconduct in the future; Resolved, That the Senate— Resolved by the Senate (the House of Rep- Whereas, the Subcommittee has received a (1) designates August 2002, as ‘‘National resentatives concurring), That it is the sense number of requests from law enforcement Missing Adult Awareness Month’’; and of Congress that the President should— and regulatory officials and agencies and (2) requests that the President issue a (1) issue a proclamation designating the court-appointed officials for access to proclamation calling upon the people of the fourth Sunday of each September as ‘‘Na- records of the Subcommittee’s investigation; United States to observe the month with ap- tional Good Neighbor Day’’; and Whereas, by the privileges of the Senate of propriate ceremonies and activities. (2) call upon the people of the United the United States and Rule XI of the Stand- States and interested groups and organiza- ing Rules of the Senate, no evidence under SENATE RESOLUTION 319—RECOG- tions to observe such day with appropriate the control or in the possession of the Senate NIZING THE ACCOMPLISHMENTS ceremonies and activities. can, by administrative or judicial process, be Mr. BAUCUS. Mr. President, I intro- OF PROFESSOR MILTON FRIED- taken from such control or possession but by duce a resolution to designate the MAN permission of the Senate; fourth Sunday of each September as Whereas, when it appears that evidence Mr. GRAMM submitted the following National Good Neighbor Day. under the control or in the possession of the resolution; which was considered and Back in the 1970’s, a wonderful lady Senate is needed for the promotion of jus- agreed to: from Montana named Becky Mattson tice, the Senate will take such action as will promote the ends of justice consistent with S. RES. 319 came up with the idea of National Good the privileges of the Senate: Now, therefore, Whereas California resident and Nobel Neighbor Day. She observed that tech- be it Laureate economist Professor Milton Fried- nology was allowing the world to grow Resolved, That the Chairman and Ranking man: closer together. Television allowed in- Minority Member of the Permanent Sub- Whereas he was born on this day, July 31, dividuals to learn about new cultures committee on Investigations of the Com- in the year 1912, the fourth and youngest and ways of life. Wide use of the tele- mittee on Governmental Affairs, acting child to Austro-Hungarian immigrants in Brooklyn, New York; phone was allowing people to commu- jointly, are authorized to provide to law en- nicate from across the globe. However, forcement and regulatory entities and offi- Whereas he served as a research staffer to cials, court-appointed officials, and other en- the National Bureau of Economic Research people were becoming less likely to get tities or individuals duty authorized by Fed- from 1937 to 1981; to know their next-door neighbor. eral, State, or foreign governments, records Whereas he helped implement wartime tax She concluded that, as a nation, we of the Subcommittee’s investigation into the policy at the United States Treasury from should place greater emphasis on the collapse of Enron Corporation and associated 1941 to 1943, and further contributed to the importance of community and being a misconduct. war effort from 1943 to 1945 at Columbia Uni- good neighbor. Becky believed that versity by studying weapons design and mili- f tary tactics; kids who were taught to be good neigh- Whereas he served as a professor of eco- bors would become adults who were SENATE RESOLUTION 318—DESIG- nomics at the University of Chicago from good neighbors and that a day dedi- NATING AUGUST 2002, AS ‘‘NA- 1946 to 1976; cated to this cause would be a catalyst TIONAL MISSING ADULT AWARE- Whereas he was a founding member and to encourage families to be good neigh- NESS MONTH’’ president of the Mont Pelerin Society; bors. Whereas he was awarded the Bank of Swe- Mrs. LINCOLN submitted the fol- Becky was successful in her efforts den Prize in Economic Sciences in memory and with the help of the late Senator lowing resolution; which was consid- of Alfred Nobel in 1976; Mansfield, three presidents—President ered and agreed to: Whereas since 1977 has served as a Senior Carter, President Ford, and President S. RES. 318 Research Fellow at the Hoover Institution on War, Revolution, and Peace at Stanford Nixon proclaimed the fourth Sunday of Whereas our Nation must acknowledge University; September National Good Neighbor that missing adults are a growing group of Whereas in 1988 was awarded the Presi- Day. victims, who range in age from young adults dential Medal of Freedom; and Now, in the aftermath of the events to senior citizens and reach across all life- Whereas he has been a champion of an all- styles; of September 11, Americans have volunteer armed forces, an advisor to presi- united in an unprecedented way. Whereas every missing adult has the right dents, and has taught the American people to be searched for and to be remembered, re- the value of capitalism and freedom through Strangers, friends, colleagues, class- gardless of the adult’s age; his public broadcasting series, mates, and family have exhibited the Whereas our world does not suddenly be- Be it therefore Resolved, That the United best of the human spirit in the face of come a safe haven when an individual be- States Senate commend and express its deep enormous tragedy. From the fire- comes an adult; gratitude to Professor Milton Friedman for fighters and rescue workers in New Whereas there are tens of thousands of en- his invaluable contribution to public dis- dangered or involuntarily missing adults York City and at the Pentagon to the course, American democracy, and the cause second graders who have held bake over the age of 17 in our Nation, and daily, of human freedom. more victims are reported missing; sales to raise money for the families of Whereas the majority of missing adults are victims, Americans have defined the unrecognized and unrepresented; SENATE CONCURRENT RESOLU- meaning of a good neighbor. Whereas our Nation must become aware TION 134—EXPRESSING THE Now, when illustrating the definition that there are endangered and involuntarily SENSE OF CONGRESS TO DES- of a good neighbor means more than missing adults, and each one of these indi- IGNATE THE FOURTH SUNDAY ever before, both Becky and I believe viduals is worthy of recognition and deserv- OF EACH SEPTEMBER AS ‘‘NA- that National Good Neighbor Day ing of a diligent search and thorough inves- TIONAL GOOD NEIGHBOR DAY’’ tigation; should be made permanent. Having a Whereas every missing adult is someone’s Mr. BAUCUS (for himself, Mr. BURNS, day designated to being a good neigh- beloved grandparent, parent, child, sibling, Mr. MILLER, Mr. LEVIN, Mr. COCHRAN, bor will reinforce the strength of our or dearest friend; Mrs. CLINTON, Ms. LANDRIEU, Mr. JOHN- communities and show our resolve to Whereas families, law enforcement agen- SON, Mr. CRAPO, Mr. HELMS, and Mr. be united as a nation. I thank the co- cies, communities, and States should unite STEVENS) submitted the following con- sponsors to this resolution—Senators to offer much needed support and to provide current resolution; which was referred BURNS, MILLER, LEVIN, COCHRAN, CLIN- a strong voice for the endangered and invol- to the Committee on the Judiciary: TON, LANDRIEU, and JOHNSON and I en- untarily missing adults of our Nation; Whereas we must support and encourage S. CON. RES. 134 courage all of my colleagues to support the citizens of our Nation to continue with Whereas while our society has developed it. Mr. President, I ask unanimous con- efforts to awaken our Nation’s awareness to highly effective means of speedy communica- sent that the text of the bill be printed the plight of our missing adults; tion around the world, it has failed to ensure in the RECORD.

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00149 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7966 CONGRESSIONAL RECORD — SENATE August 1, 2002 SENATE CONCURRENT RESOLU- SENATE CONCURRENT RESOLU- SENATE CONCURRENT RESOLU- TION 135—EXPRESSING THE TION 136—REQUESTING THE TION 137—EXPRESSING THE SENSE OF CONGRESS REGARD- PRESIDENT TO ISSUE A PROCLA- SENSE OF CONGRESS THAT THE ING HOUSING AFFORDABILITY MATION IN OBSERVANCE OF THE FEDERAL MEDIATION AND CON- AND URGING FAIR AND EXPEDI- 100TH ANNIVERSARY OF THE CILIATION SERVICE SHOULD TIOUS REVIEW BY INTER- FOUNDING OF THE INTER- EXERT ITS BEST EFFORTS TO NATIONAL TRADE TRIBUNALS NATIONAL ASSOCIATION OF FISH CAUSE THE MAJOR LEAGUE TO ENSURE A COMPETITIVE AND WILDLIFE AGENCIES BASEBALL PLAYERS ASSOCIA- NORTH AMERICAN MARKET FOR TION AND THE OWNERS OF THE SOFTWOOD LUMBER Mr. BAUCUS (for himself and Mr. TEAMS OF MAJOR LEAGUE BURNS) submitted the following con- BASEBALL TO ENTER INTO A Mr. NICKLES (for himself, Mr. KYL, current resolution; which was referred CONTRACT TO CONTINUE TO Mr. ROBERTS, Mr. INHOFE, Mr. BUNNING, to the Committee on the Judiciary. PLAY PROFESSIONAL BASEBALL Mr. GRAHAM, Mr. BAYH, Mr. HAGEL, and GAMES WITHOUT ENGAGING IN A Mrs. CARNAHAN) submitted the fol- S. CON. RES. 136 STRIKE, TO LOCKOUT, OR ANY lowing concurrent resolution; which Whereas on September 17, 1902, when Theo- CONDUCT THAT INTERFERES was referred to the Committee on Fi- dore Roosevelt was President, 8 wildlife man- WITH THE PLAYING OF SCHED- nance: agers and game wardens from 6 States met in ULED PROFESSIONAL BASEBALL West Yellowstone, Montana, on behalf of the S. CON. RES. 135 GAMES country’s beleaguered fish and wildlife popu- Whereas the United States and Canada lations, and established the National Asso- Mr. MILLER submitted the following have, since 1989, worked to eliminate tariff ciation of Game and Fish Wardens and Com- concurrent resolution; which was con- and nontariff barriers to trade; missioners, which later became the Inter- sidered and agreed to: Whereas free trade has greatly benefitted national Association of Fish and Wildlife S. CON. RES. 137 the United States and Canadian economies; Agencies (IAFWA); Whereas major league baseball is a na- Whereas 100 years later, IAFWA represents tional institution and is commonly referred Whereas the U.S. International Trade Com- the fish and wildlife agencies of all 50 States mission only found the potential for a to as ‘‘the national pastime’’; and enjoys the membership of several Fed- Threat of Injury (as opposed to actual in- Whereas major league baseball and its eral natural resource agencies, the Federal jury) to domestic lumber producers but the players played a critical role in restoring Department of Commerce imposed a 27 per- and provincial fish and wildlife agencies of America’s spirit following the tragic events cent duty on U.S. lumber consumers; Canada, and the Federal natural resource of September 11, 2001; agency of Mexico; Whereas major league baseball players are Whereas trade restrictions on Canadian Whereas IAFWA has been a significant role models to millions of young Americans; lumber exported to the U.S. market have force in the enactment of fish and wildlife and been an exception to the general rule of bi- conservation treaties and Federal statutes Whereas while the financial issues involved lateral free trade; too numerous to enumerate, including the in this current labor negotiation are signifi- Whereas the legitimate interests of con- Migratory Bird Treaty Act; the Pittman- cant, they pale in comparison to the damage sumers are often overlooked in trade dis- Robertson Wildlife Restoration Act; the Din- that will be caused by a strike or work stop- putes; gell-Johnson Sportfish Restoration Act; all page: Now, therefore, be it Resolved by the Senate (the House of Rep- Whereas the availability of the affordable farm bills enacted since 1985; the North resentatives concurring), That it is the sense housing is important to American home buy- American Wetlands Conservation Act; the of Congress that the Federal Mediation and ers and the need for the availability of such National Wildlife Refuge System Improve- Conciliation Service, on its own motion and housing, particularly in metropolitan cities ment Act of 1997, and the Fish and Wildlife in accordance with section 203(b) of the across America, is growing faster than it can Programs Improvement and National Wild- Labor Management Relations Act, 1947 (29 be met; life Refuge System Centennial Act of 2000, to U.S.C. 173(b)), should immediately— Whereas imposition of special duties on mention but a few; (1) proffer its services to the Major League U.S. consumers of softwood lumber, essential Whereas IAFWA continues to promote the Baseball Players Association and the owners for construction of on-site and manufactured sustainable use of natural resources, to en- of the teams of Major League Baseball to re- homes, jeopardizes housing affordability, and courage cooperation and coordination of fish solve labor contract disputes relating to en- Whereas the United States has agreed to and wildlife conservation and management tering into a collective bargaining agree- abide by dispute settlement procedures in at all levels of government; to encourage ment; and the World Trade Organization and the North professional management of fish and wild- (2) use its best efforts to bring the parties American Free Trade Agreement, providing life; to develop coalitions among conserva- to agree to such contract without engaging for international review of national remedy tion organizations to promote fish and wild- in a strike, a lockout, or any other conduct actions; and, life interests; and to foster public under- that interferes with the playing of scheduled standing of the need for conservation; and professional baseball games. Whereas the World Trade Organization and North American Free Trade Agreement dis- Whereas the State fish and wildlife agen- pute panels are reviewing findings by the cies have successfully restored healthy fish f ITC: Now, therefore, be it and wildlife populations enjoyed by all Americans largely using Federal excise taxes AMENDMENTS SUBMITTED AND Resolved by the Senate (the House of Rep- paid by hunters and anglers into the Federal resentatives concurring), that it is the sense of PROPOSED trust funds known as the Pittman-Robert- the Congress that— son, Dingell-Johnson, and Wallop-Breaux SA 4467. Mr. LIEBERMAN submitted an (1) The Department of Commerce and U.S. trust funds, and using State hunting and amendment intended to be proposed by him Trade Representative should work to assure fishing license fees: Now, therefore, be it to the bill H.R. 5005, to establish the Depart- that no delays occur in resolving the current ment of Homeland Security, and for other Resolved by the Senate (the House of Rep- disputes before the NAFTA and WTO panels, purposes; which was ordered to lie on the supporting a fair and expeditious review; resentatives concurring), That the Congress— table. (1) recognizes the significance of the cen- (2) U.S. anti-dumping and countervail law SA 4468. Mr. REID (for Mr. BIDEN (for him- tennial of the establishment of the entity is a rules-based system that should proceed self and Mr. HELMS)) proposed an amendment that became the International Association of to conclusion in WTO and NAFTA trade pan- to the bill S. 2487, to provide for global Fish and Wildlife Agencies; els; pathogen surveillance and response. (2) acknowledges the outstanding contribu- SA 4469. Mr. REID (for Mr. ROCKEFELLER) (3) The President should continue discus- tions of its members agencies to fish and proposed an amendment to the bill H.R. 3253, sions with the Government of Canada to pro- wildlife conservation; and To amend title 38, United States Code, to mote open trade between the United States (3) requests the President to issue a procla- provide for the establishment within the De- and Canada on softwood lumber free of trade mation observing the 100th anniversary of partment of Veterans Affairs of improved restraints that harm consumers; the founding of the International Associa- emergency medical preparedness, research, (4) The President should consult with all tion of Fish and Wildlife Agencies. and education programs to combat ter- stakeholders, including consumers of lumber rorism, and for other purposes. products in future discussions regarding any SA 4470. Mr. REID (for Mr. ROCKEFELLER) terms of trade in softwood lumber between proposed an amendment to the bill H.R. 3253, the United States and Canada. supra.

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00150 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 1, 2002 CONGRESSIONAL RECORD — SENATE S7967 TEXT OF AMENDMENTS Sec. 164. Whistleblower protection for Fed- Subtitle B—Other Matters eral employees who are airport SA 4467. Mr. LIBERMAN submitted an Sec. 511. Identification of new entrants into security screeners. the Federal marketplace. amendment intended to be proposed by Sec. 165. Whistleblower protection for cer- TITLE VI—EFFECTIVE DATE him to the bill H.R. 5005, to establish tain airport employees. the Department of Homeland Security, Sec. 166. Bioterrorism preparedness and re- Sec. 601. Effective date. and for other purposes; which was or- sponse division. DIVISION B—IMMIGRATION REFORM, AC- dered to lie on the table; as follows: Sec. 167. Coordination with the Department COUNTABILITY, AND SECURITY EN- Strike all after the enacting clause and in- of Health and Human Services HANCEMENT ACT OF 2002 sert the following: under the Public Health Service Sec. 1001. Short title. SECTION 1. SHORT TITLE. Act. Sec. 1002. Definitions. This Act may be cited as the ‘‘National Sec. 168. Rail security enhancements. TITLE XI—DIRECTORATE OF Sec. 169. Grants for firefighting personnel. Homeland Security and Combating Ter- IMMIGRATION AFFAIRS rorism Act of 2002’’. Sec. 170. Review of transportation security enhancements. Subtitle A—Organization SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; Sec. 171. Interoperability of information Sec. 1101. Abolition of INS. TABLE OF CONTENTS. systems. Sec. 1102. Establishment of Directorate of (a) DIVISIONS.—This Act is organized into 3 Subtitle E—Transition Provisions Immigration Affairs. divisions as follows: Sec. 1103. Under Secretary of Homeland Se- Sec. 181. Definitions. (1) Division A—National Homeland Secu- curity for Immigration Affairs. Sec. 182. Transfer of agencies. rity and Combating Terrorism. Sec. 1104. Bureau of Immigration Services. Sec. 183. Transitional authorities. (2) Division B—Immigration Reform, Ac- Sec. 1105. Bureau of Enforcement and Border Sec. 184. Incidental transfers and transfer of countability, and Security Enhancement Act Affairs. related functions. of 2002. Sec. 1106. Office of the Ombudsman within Sec. 185. Implementation progress reports (3) Division C—Federal Workforce Im- the Directorate. and legislative recommenda- provement. Sec. 1107. Office of Immigration Statistics tions. (b) TABLE OF CONTENTS.—The table of con- within the Directorate. Sec. 186. Transfer and allocation. tents for this Act is as follows: Sec. 1108. Clerical amendments. Sec. 1. Short title. Sec. 187. Savings provisions. Subtitle B—Transition Provisions Sec. 2. Organization of Act into divisions; Sec. 188. Transition plan. table of contents. Sec. 189. Use of appropriated funds. Sec. 1111. Transfer of functions. Sec. 1112. Transfer of personnel and other re- DIVISION A—NATIONAL HOMELAND Subtitle F—Administrative Provisions sources. SECURITY AND COMBATING TERRORISM Sec. 191. Reorganizations and delegations. Sec. 1113. Determinations with respect to Sec. 100. Definitions. Sec. 192. Reporting requirements. Sec. 193. Environmental protection, safety, functions and resources. TITLE I—DEPARTMENT OF HOMELAND and health requirements. Sec. 1114. Delegation and reservation of SECURITY Sec. 194. Labor standards. functions. Subtitle A—Establishment of the Sec. 195. Procurement of temporary and Sec. 1115. Allocation of personnel and other Department of Homeland Security intermittent services. resources. Sec. 101. Establishment of the Department Sec. 196. Preserving non-homeland security Sec. 1116. Savings provisions. of Homeland Security. mission performance. Sec. 1117. Interim service of the Commis- Sec. 102. Secretary of Homeland Security. Sec. 197. Future Years Homeland Security sioner of Immigration and Nat- Sec. 103. Deputy Secretary of Homeland Se- Program. uralization. curity. Sec. 198. Protection of voluntarily furnished Sec. 1118. Executive Office for Immigration Sec. 104. Under Secretary for Management. confidential information. Review authorities not af- Sec. 105. Assistant Secretaries. Sec. 199. Authorization of appropriations. fected. Sec. 1119. Other authorities not affected. Sec. 106. Inspector General. TITLE II—NATIONAL OFFICE FOR Sec. 107. Chief Financial Officer. Sec. 1120. Transition funding. COMBATING TERRORISM Sec. 108. Chief Information Officer. Subtitle C—Miscellaneous Provisions Sec. 109. General Counsel. Sec. 201. National Office for Combating Ter- Sec. 1121. Funding adjudication and natu- Sec. 110. Civil Rights Officer. rorism. Sec. 111. Privacy Officer. Sec. 202. Funding for Strategy programs and ralization services. Sec. 112. Chief Human Capital Officer. activities. Sec. 1122. Application of Internet-based technologies. Sec. 113. Office of International Affairs. TITLE III—NATIONAL STRATEGY FOR Sec. 1123. Alternatives to detention of asy- Sec. 114. Executive Schedule positions. COMBATING TERRORISM AND THE lum seekers. Subtitle B—Establishment of Directorates HOMELAND SECURITY RESPONSE Subtitle D—Effective Date and Offices Sec. 301. Strategy. Sec. 131. Directorate of Border and Trans- Sec. 302. Management guidance for Strategy Sec. 1131. Effective date. portation Protection. implementation. TITLE XII—UNACCOMPANIED ALIEN Sec. 132. Directorate of Intelligence. Sec. 303. National Combating Terrorism CHILD PROTECTION Sec. 133. Directorate of Critical Infrastruc- Strategy Panel. Sec. 1201. Short title. ture Protection. TITLE IV—LAW ENFORCEMENT POWERS Sec. 1202. Definitions. Sec. 134. Directorate of Emergency Pre- OF INSPECTOR GENERAL AGENTS paredness and Response. Subtitle A—Structural Changes Sec. 135. Directorate of Science and Tech- Sec. 401. Law enforcement powers of Inspec- Sec. 1211. Responsibilities of the Office of nology. tor General agents. Refugee Resettlement with re- Sec. 136. Directorate of Immigration Affairs. TITLE V—FEDERAL EMERGENCY spect to unaccompanied alien Sec. 137. Office for State and Local Govern- PROCUREMENT FLEXIBILITY children. ment Coordination. Subtitle A—Temporary Flexibility for Sec. 1212. Establishment of interagency task Sec. 138. United States Secret Service. Certain Procurements force on unaccompanied alien Sec. 139. Border Coordination Working children. Sec. 501. Definition. Group. Sec. 1213. Transition provisions. Sec. 502. Procurements for defense against Sec. 140. Executive Schedule positions. Sec. 1214. Effective date. or recovery from terrorism or Subtitle C—National Emergency nuclear, biological, chemical, Subtitle B—Custody, Release, Family Preparedness Enhancement or radiological attack. Reunification, and Detention Sec. 151. Short title. Sec. 503. Increased simplified acquisition Sec. 1221. Procedures when encountering un- Sec. 152. Preparedness information and edu- threshold for procurements in accompanied alien children. cation. support of humanitarian or Sec. 1222. Family reunification for unaccom- Sec. 153. Pilot program. peacekeeping operations or con- panied alien children with rel- Sec. 154. Designation of National Emergency tingency operations. atives in the United States. Preparedness Week. Sec. 504. Increased micro-purchase threshold Sec. 1223. Appropriate conditions for deten- Subtitle D—Miscellaneous Provisions for certain procurements. tion of unaccompanied alien Sec. 161. National Bio-Weapons Defense Sec. 505. Application of certain commercial children. Analysis Center. items authorities to certain Sec. 1224. Repatriated unaccompanied alien Sec. 162. Review of food safety. procurements. children. Sec. 163. Exchange of employees between Sec. 506. Use of streamlined procedures. Sec. 1225. Establishing the age of an unac- agencies and State or local gov- Sec. 507. Review and report by Comptroller companied alien child. ernments. General. Sec. 1226. Effective date.

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Subtitle C—Access by Unaccompanied Alien (1) AGENCY.—Except for purposes of sub- (1) HOMELAND SECURITY.—The mission of Children to Guardians Ad Litem and Counsel title E of title I, the term ‘‘agency’’— the Department is to— Sec. 1231. Right of unaccompanied alien (A) means— (A) promote homeland security, particu- children to guardians ad litem. (i) an Executive agency as defined under larly with regard to terrorism; Sec. 1232. Right of unaccompanied alien section 105 of title 5, United States Code; (B) prevent terrorist attacks or other children to counsel. (ii) a military department as defined under homeland threats within the United States; Sec. 1233. Effective date; applicability. section 102 of title 5, United States Code; (C) reduce the vulnerability of the United Subtitle D—Strengthening Policies for (iii) the United States Postal Service; and States to terrorism, natural disasters, and Permanent Protection of Alien Children (B) does not include the General Account- other homeland threats; and ing Office. (D) minimize the damage, and assist in the Sec. 1241. Special immigrant juvenile visa. (2) ASSETS.—The term ‘‘assets’’ includes recovery, from terrorist attacks or other Sec. 1242. Training for officials and certain contracts, facilities, property, records, unob- natural or man-made crises that occur with- private parties who come into ligated or unexpended balances of appropria- in the United States. contact with unaccompanied tions, and other funds or resources (other (2) OTHER MISSIONS.—The Department shall alien children. Sec. 1243. Effective date. than personnel). be responsible for carrying out the other (3) DIRECTOR.—The term ‘‘Director’’ means functions, and promoting the other missions, Subtitle E—Children Refugee and Asylum the Director of the National Office for Com- of entities transferred to the Department as Seekers bating Terrorism. provided by law. Sec. 1251. Guidelines for children’s asylum (4) DEPARTMENT.—The term ‘‘Department’’ (d) SEAL.—The Secretary shall procure a claims. means the Department of Homeland Security proper seal, with such suitable inscriptions Sec. 1252. Unaccompanied refugee children. established under title I. and devices as the President shall approve. Subtitle F—Authorization of Appropriations (5) ENTERPRISE ARCHITECTURE.—The term This seal, to be known as the official seal of Sec. 1261. Authorization of appropriations. ‘‘enterprise architecture’’— the Department of Homeland Security, shall TITLE XIII—AGENCY FOR IMMIGRATION (A) means— be kept and used to verify official docu- HEARINGS AND APPEALS (i) a strategic information asset base, ments, under such rules and regulations as which defines the mission; the Secretary may prescribe. Judicial notice Subtitle A—Structure and Function (ii) the information necessary to perform shall be taken of the seal. Sec. 1301. Establishment. the mission; SEC. 102. SECRETARY OF HOMELAND SECURITY. Sec. 1302. Director of the Agency. (iii) the technologies necessary to perform Sec. 1303. Board of Immigration Appeals. (a) IN GENERAL.—The Secretary of Home- the mission; and land Security shall be the head of the De- Sec. 1304. Chief Immigration Judge. (iv) the transitional processes for imple- Sec. 1305. Chief Administrative Hearing Offi- partment. The Secretary shall be appointed menting new technologies in response to cer. by the President, by and with the advice and changing mission needs; and Sec. 1306. Removal of Judges. consent of the Senate. (B) includes— Sec. 1307. Authorization of appropriations. (b) RESPONSIBILITIES.—The responsibilities (i) a baseline architecture; of the Secretary shall be the following: Subtitle B—Transfer of Functions and (ii) a target architecture; and Savings Provisions (1) To develop policies, goals, objectives, (iii) a sequencing plan. priorities, and plans for the United States Sec. 1311. Transition provisions. (6) FEDERAL TERRORISM PREVENTION AND for the promotion of homeland security, par- Subtitle C—Effective Date RESPONSE AGENCY.—The term ‘‘Federal ter- ticularly with regard to terrorism. Sec. 1321. Effective date. rorism prevention and response agency’’ (2) To administer, carry out, and promote means any Federal department or agency DIVISION C—FEDERAL WORKFORCE the other established missions of the entities charged under the Strategy with responsibil- IMPROVEMENT transferred to the Department. ities for carrying out the Strategy. (3) To develop, with the Director, a com- TITLE XXI—CHIEF HUMAN CAPITAL (7) FUNCTIONS.—The term ‘‘functions’’ in- OFFICERS prehensive strategy for combating terrorism cludes authorities, powers, rights, privileges, and the homeland security response in ac- Sec. 2101. Short title. immunities, programs, projects, activities, cordance with title III. Sec. 2102. Agency Chief Human Capital Offi- duties, responsibilities, and obligations. (4) To advise the Director on the develop- cers. (8) HOMELAND.—The term ‘‘homeland’’ ment of a comprehensive annual budget for Sec. 2103. Chief Human Capital Officers means the United States, in a geographic programs and activities under the Strategy, Council. sense. and have the responsibility for budget rec- Sec. 2104. Strategic Human Capital Manage- (9) LOCAL GOVERNMENT.—The term ‘‘local ommendations relating to border and trans- ment. government’’ has the meaning given under Sec. 2105. Effective date. portation security, critical infrastructure section 102(6) of the Robert T. Stafford Dis- protection, emergency preparedness and re- TITLE XXII—REFORMS RELATING TO aster Relief and Emergency Assistance Act sponse, science and technology promotion re- FEDERAL HUMAN CAPITAL MANAGE- (Public Law 93–288). lated to homeland security, and Federal sup- MENT (10) OFFICE.—The term ‘‘Office’’ means the port for State and local activities. Sec. 2201. Inclusion of agency human capital National Office for Combating Terrorism es- (5) To plan, coordinate, and integrate those strategic planning in perform- tablished under title II. Federal Government activities relating to ance plans and program per- (11) PERSONNEL.—The term ‘‘personnel’’ border and transportation security, critical formance reports. means officers and employees. infrastructure protection, all-hazards emer- Sec. 2202. Reform of the competitive service (12) SECRETARY.—The term ‘‘Secretary’’ gency preparedness, response, recovery, and hiring process. means the Secretary of Homeland Security. mitigation. Sec. 2203. Permanent extension, revision, (13) STRATEGY.—The term ‘‘Strategy’’ (6) To serve as a national focal point to and expansion of authorities for means the National Strategy for Combating analyze all information available to the use of voluntary separation in- Terrorism and the Homeland Security Re- United States related to threats of terrorism centive pay and voluntary early sponse developed under this division. and other homeland threats. retirement. (14) UNITED STATES.—The term ‘‘United (7) To establish and coordinate an inte- Sec. 2204. Student volunteer transit subsidy. States’’, when used in a geographic sense, grated program to evaluate, identify, antici- TITLE XXIII—REFORMS RELATING TO means any State (within the meaning of sec- pate, and mitigate threats, vulnerabilities, THE SENIOR EXECUTIVE SERVICE tion 102(4) of the Robert T. Stafford Disaster and risks through threat and vulnerability Sec. 2301. Repeal of recertification require- Relief and Emergency Assistance Act (Public assessments (including red teaming) and risk ments of senior executives. Law 93–288)), any possession of the United analysis, and to disseminate information and Sec. 2302. Adjustment of limitation on total States, and any waters within the jurisdic- intelligence derived from such activities to annual compensation. tion of the United States. appropriate entities. TITLE XXIV—ACADEMIC TRAINING TITLE I—DEPARTMENT OF HOMELAND (8) To identify and promote key scientific SECURITY Sec. 2401. Academic training. and technological advances that will en- Sec. 2402. Modifications to National Secu- Subtitle A—Establishment of the Department hance homeland security. rity Education Program. of Homeland Security (9) To include, as appropriate, State and Sec. 2403. Compensatory time off for travel. SEC. 101. ESTABLISHMENT OF THE DEPARTMENT local governments and other entities in the OF HOMELAND SECURITY. full range of activities undertaken by the (a) IN GENERAL.—There is established the Department to promote homeland security, DIVISION A—NATIONAL HOMELAND Department of National Homeland Security. including— SECURITY AND COMBATING TERRORISM (b) EXECUTIVE DEPARTMENT.—Section 101 of (A) providing State and local government SEC. 100. DEFINITIONS. title 5, United States Code, is amended by personnel, agencies, and authorities, with Unless the context clearly indicates other- adding at the end the following: appropriate intelligence information, includ- wise, the following shall apply for purposes ‘‘The Department of Homeland Security.’’. ing warnings, regarding threats posed by ter- of this division: (c) MISSION OF DEPARTMENT.— rorism in a timely and secure manner;

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00152 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 1, 2002 CONGRESSIONAL RECORD — SENATE S7969 (B) facilitating efforts by State and local implementation of updated versions of the Authorization Act, Fiscal Years 2002 and 2001 law enforcement and other officials to assist enterprise architecture under paragraph (17). (113 Stat. 1501A–468). in the collection and dissemination of intel- (19) To report to Congress on the develop- (xiv) Section 568 of the Foreign Operations, ligence information and to provide informa- ment and implementation of the enterprise Export Financing, and Related Programs Ap- tion to the Department, and other agencies, architecture under paragraph (17) in— propriations Act, 2002 (Public Law 107–115). in a timely and secure manner; (A) each implementation progress report (xv) Section 51 of the State Department (C) coordinating with State, regional, and required under section 185; and Basic Authorities Act of 1956 (22 U.S.C. 2723). local government personnel, agencies, and (B) each biennial report required under (xvi) Section 204(d)(2) of the Immigration authorities and, as appropriate, with the pri- section 192(b). and Nationality Act (8 U.S.C. 1154) (as it will vate sector, other entities, and the public, to (c) VISA ISSUANCE BY THE SECRETARY.— take effect upon the entry into force of the ensure adequate planning, team work, co- (1) DEFINITION.—In this subsection, the Convention on Protection of Children and ordination, information sharing, equipment, term ‘‘consular officer’’ has the meaning Cooperation in Respect to Inter-Country training, and exercise activities; given that term under section 101(a)(9) of the Adoption). Immigration and Nationality Act (8 U.S.C. (D) consulting State and local govern- (4) CONSULAR OFFICERS AND CHIEFS OF MIS- 1101(a)(9)). ments, and other entities as appropriate, in SIONS.—Nothing is this subsection may be (2) IN GENERAL.—Notwithstanding section developing the Strategy under title III; and construed to alter or affect— 104(a) of the Immigration and Nationality (E) systematically identifying and remov- (A) the employment status of consular offi- Act (8 U.S.C. 1104(a)) or any other provision ing obstacles to developing effective partner- cers as employees of the Department of of law, and except as provided under para- ships between the Department, other agen- State; or graph (3), the Secretary— cies, and State, regional, and local govern- (A) shall be vested exclusively with all au- (B) the authority of a chief of mission ment personnel, agencies, and authorities, thorities to issue regulations with respect under section 207 of the Foreign Service Act the private sector, other entities, and the to, administer, and enforce the provisions of of 1980 (22 U.S.C. 3927). public to secure the homeland. such Act, and of all other immigration and (5) ASSIGNMENT OF HOMELAND SECURITY EM- (10)(A) To consult and coordinate with the nationality laws, relating to the functions of PLOYEES TO DIPLOMATIC AND CONSULAR Secretary of Defense and the governors of consular officers of the United States in con- POSTS.— the several States regarding integration of nection with the granting or refusal of visas, (A) IN GENERAL.—The Secretary is author- the United States military, including the which authorities shall be exercised through ized to assign employees of the Department National Guard, into all aspects of the Strat- the Secretary of State, except that the Sec- to diplomatic and consular posts abroad to egy and its implementation, including detec- retary shall not have authority to alter or perform the following functions: tion, prevention, protection, response, and reverse the decision of a consular officer to (i) Provide expert advice to consular offi- recovery. refuse a visa to an alien; and cers regarding specific security threats re- (B) To consult and coordinate with the (B)(i) may delegate in whole or part the au- lating to the adjudication of individual visa Secretary of Defense and make recommenda- thority under subparagraph (A) to the Sec- applications or classes of applications. tions concerning organizational structure, retary of State; and (ii) Review any such applications, either on equipment, and positioning of military as- (ii) shall have authority to confer or im- the initiative of the employee of the Depart- sets determined critical to executing the pose upon any officer or employee of the ment or upon request by a consular officer or Strategy. United States, with the consent of the head other person charged with adjudicating such (C) To consult and coordinate with the of the executive agency under whose juris- applications. Secretary of Defense regarding the training diction such officer or employee is serving, (iii) Conduct investigations with respect to of personnel to respond to terrorist attacks any of the functions specified in subpara- matters under the jurisdiction of the Sec- involving chemical or biological agents. graph (A). retary. (11) To seek to ensure effective day-to-day (3) AUTHORITY OF THE SECRETARY OF (B) PERMANENT ASSIGNMENT; PARTICIPATION coordination of homeland security oper- STATE.— IN TERRORIST LOOKOUT COMMITTEE.—When ap- ations, and establish effective mechanisms (A) IN GENERAL.—The Secretary of State propriate, employees of the Department as- for such coordination, among the elements may direct a consular officer to refuse a visa signed to perform functions described in sub- constituting the Department and with other to an alien if the Secretary of State con- paragraph (A) may be assigned permanently involved and affected Federal, State, and siders such refusal necessary or advisable in to overseas diplomatic or consular posts local departments and agencies. the foreign policy or security interests of the with country-specific or regional responsi- (12) To administer the Homeland Security United States. bility. If the Secretary so directs, any such Advisory System, exercising primary respon- (B) STATUTORY CONSTRUCTION.—Nothing in employee, when present at an overseas post, sibility for public threat advisories, and (in this subsection shall be construed as affect- shall participate in the terrorist lookout coordination with other agencies) providing ing the authorities of the Secretary of State committee established under section 304 of specific warning information to State and under the following provisions of law: the Enhanced Border Security and Visa local government personnel, agencies and (i) Section 101(a)(15)(A) of the Immigration Entry Reform Act of 2002 (8 U.S.C. 1733). authorities, the private sector, other enti- and Nationality Act (8 U.S.C. 1101(15)(A)). (C) TRAINING AND HIRING.— ties, and the public, and advice about appro- (ii) Section 212(a)(3)(B)(i)(IV)(bb) of the Im- (i) IN GENERAL.—The Secretary shall en- priate protective actions and counter- migration and Nationality Act (8 U.S.C. sure that any employees of the Department measures. 1182(a)(3)(B)(i)(IV)(bb)). assigned to perform functions described (13) To conduct exercise and training pro- (iii) Section 212(a)(3)(B)(i)(VI) of the Immi- under subparagraph (A) and, as appropriate, grams for employees of the Department and gration and Nationality Act (8 U.S.C. consular officers, shall be provided all nec- other involved agencies, and establish effec- 1182(a)(3)(B)(i)(VI)). essary training to enable them to carry out tive command and control procedures for the (iv) Section 212(a)(3)(B)(vi)(II) of the Immi- such functions, including training in foreign full range of potential contingencies regard- gration and Nationality Act (8 U.S.C. 1182 languages, in conditions in the particular ing United States homeland security, includ- (a)(3)(B)(vi)(II)). country where each employee is assigned, ing contingencies that require the substan- (v) Section 212(a)(3)(C) of the Immigration and in other appropriate areas of study. tial support of military assets. and Nationality Act (8 U.S.C. 1182(a)(3)(C)). (ii) FOREIGN LANGUAGE PROFICIENCY.—Be- (14) To annually review, update, and amend (vi) Section 212(a)(10)(C) of the Immigra- fore assigning employees of the Department the Federal response plan for homeland secu- tion and Nationality Act (8 U.S.C. to perform the functions described under rity and emergency preparedness with regard 1182(a)(10)(C)). subparagraph (A), the Secretary shall pro- to terrorism and other manmade and natural (vii) Section 212(f) of the Immigration and mulgate regulations establishing foreign lan- disasters. Nationality Act (8 U.S.C. 1182(f)). guage proficiency requirements for employ- (15) To direct the acquisition and manage- (viii) Section 219(a) of the Immigration and ees of the Department performing the func- ment of all of the information resources of Nationality Act (8 U.S.C. 1189(a)). tions described under subparagraph (A) and the Department, including communications (ix) Section 237(a)(4)(C) of the Immigration providing that preference shall be given to resources. and Nationality Act (8 U.S.C. 1227(a)(4)(C)). individuals who meet such requirements in (16) To endeavor to make the information (x) Section 104 of the Cuban Liberty and hiring employees for the performance of such technology systems of the Department, in- Democratic Solidarity (LIBERTAD) Act of functions. cluding communications systems, effective, 1996 (22 U.S.C. 6034). (iii) USE OF CENTER.—The Secretary is au- efficient, secure, and appropriately inter- (xi) Section 616 of the Departments of Com- thorized to use the National Foreign Affairs operable. merce, Justice, and State, the Judiciary, and Training Center, on a reimbursable basis, to (17) In furtherance of paragraph (16), to Related Agencies Appropriations Act, 1999 obtain the training described in clause (i). oversee and ensure the development and im- (Public Law 105–277). (6) REPORT.—Not later than 1 year after plementation of an enterprise architecture (xii) Section 103(f) of the Chemical Weap- the date of enactment of this Act, the Sec- for Department-wide information tech- ons Convention Implementation Act of 1998 retary and the Secretary of State shall sub- nology, with timetables for implementation. (112 Stat. 2681–865). mit to Congress— (18) As the Secretary considers necessary, (xiii) Section 801 of the Admiral James W. (A) a report on the implementation of this to oversee and ensure the development and Nance and Meg Donovan Foreign Relations subsection; and

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00153 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7970 CONGRESSIONAL RECORD — SENATE August 1, 2002 (B) any legislative proposals necessary to SEC. 106. INSPECTOR GENERAL. investigation or to issue such subpoena, if further the objectives of this subsection. (a) IN GENERAL.—There shall be in the De- the Secretary determines that such prohibi- (7) EFFECTIVE DATE.—This subsection shall partment an Inspector General. The Inspec- tion is necessary to— take effect on the earlier of— tor General and the Office of Inspector Gen- ‘‘(A) prevent the disclosure of any informa- (A) the date on which the President pub- eral shall be subject to the Inspector General tion described under paragraph (1); lishes notice in the Federal Register that the Act of 1978 (5 U.S.C. App.). ‘‘(B) preserve the national security; or President has submitted a report to Congress (b) ESTABLISHMENT.—Section 11 of the In- ‘‘(C) prevent significant impairment to the setting forth a memorandum of under- spector General Act of 1978 (5 U.S.C. App.) is national interests of the United States. standing between the Secretary and the Sec- amended— ‘‘(3) If the Secretary exercises any power retary of State governing the implementa- (1) in paragraph (1), by inserting ‘‘Home- under paragraph (1) or (2), the Secretary tion of this section; or land Security,’’ after ‘‘Health and Human shall notify the Inspector General in writing (B) the date occurring 1 year after the date Services,’’; and (appropriately classified, if necessary) within of enactment of this Act. (2) in paragraph (2), by inserting ‘‘Home- 7 calendar days stating the reasons for such (d) MEMBERSHIP ON THE NATIONAL SECURITY land Security,’’ after ‘‘Health and Human exercise. Within 30 days after receipt of any COUNCIL.—Section 101(a) of the National Se- Services,’’. such notice, the Inspector General shall curity Act of 1947 (50 U.S.C. 402(a)) is amend- (c) REVIEW OF THE DEPARTMENT OF HOME- transmit a copy of such notice, together ed in the fourth sentence by striking para- LAND SECURITY.—The Inspector General shall with such comments concerning the exercise graphs (5), (6), and (7) and inserting the fol- designate 1 official who shall— of such power as the Inspector General con- lowing: (1) review information and receive com- siders appropriate, to— ‘‘(5) the Secretary of Homeland Security; plaints alleging abuses of civil rights and ‘‘(A) the President of the Senate; and civil liberties by employees and officials of ‘‘(B) the Speaker of the House of Rep- ‘‘(6) each Secretary or Under Secretary of the Department; resentatives; such other executive department, or of a (2) publicize, through the Internet, radio, ‘‘(C) the Committee on Governmental Af- military department, as the President shall television, and newspaper advertisements— fairs of the Senate; designate.’’. (A) information on the responsibilities and ‘‘(D) the Committee on Government Re- SEC. 103. DEPUTY SECRETARY OF HOMELAND SE- functions of the official; and form of the House of Representatives; and CURITY. (B) instructions on how to contact the offi- ‘‘(E) other appropriate committees or sub- (a) IN GENERAL.—There shall be in the De- cial; and committees of Congress. partment a Deputy Secretary of Homeland (3) on a semi-annual basis, submit to Con- ‘‘(b)(1) In carrying out the duties and re- Security, who shall be appointed by the gress, for referral to the appropriate com- sponsibilities under this Act, the Inspector President, by and with the advice and con- mittee or committees, a report— General shall have oversight responsibility sent of the Senate. (A) describing the implementation of this for the internal investigations and audits (b) RESPONSIBILITIES.—The Deputy Sec- subsection; performed by any other office performing in- retary of Homeland Security shall— (B) detailing any civil rights abuses under ternal investigatory or audit functions in (1) assist the Secretary in the administra- paragraph (1); and any subdivision of the Department of Home- tion and operations of the Department; (C) accounting for the expenditure of funds land Security. (2) perform such responsibilities as the to carry out this subsection. ‘‘(2) The head of each other office described Secretary shall prescribe; and (d) ADDITIONAL PROVISIONS WITH RESPECT under paragraph (1) shall promptly report to (3) act as the Secretary during the absence TO THE INSPECTOR GENERAL OF THE DEPART- the Inspector General the significant activi- or disability of the Secretary or in the event MENT OF HOMELAND SECURITY.—The Inspec- ties being carried out by such office. of a vacancy in the office of the Secretary. tor General Act of 1978 (5 U.S.C. App.) is ‘‘(3) Notwithstanding paragraphs (1) and SEC. 104. UNDER SECRETARY FOR MANAGEMENT. amended— (2), the Inspector General may initiate, con- (a) IN GENERAL.—There shall be in the De- (1) by redesignating section 8I as section duct, and supervise such audits and inves- partment an Under Secretary for Manage- 8J; and tigations in the Department (including in ment, who shall be appointed by the Presi- (2) by inserting after section 8H the fol- any subdivision referred to in paragraph (1)) dent, by and with the advice and consent of lowing: as the Inspector General considers appro- the Senate. priate. SPECIAL PROVISIONS CONCERNING THE (b) RESPONSIBILITIES.—The Under Sec- ‘‘(4) If the Inspector General initiates an retary for Management shall report to the DEPARTMENT OF HOMELAND SECURITY audit or investigation under paragraph (3) Secretary, who may assign to the Under Sec- ‘‘SEC. 8I. (a)(1) Notwithstanding the last 2 concerning a subdivision referred to in para- retary such functions related to the manage- sentences of section 3(a), the Inspector Gen- graph (1), the Inspector General may provide ment and administration of the Department eral of the Department of Homeland Secu- the head of the other office performing inter- as the Secretary may prescribe, including— rity (in this section referred to as the ‘‘In- nal investigatory or audit functions in the (1) the budget, appropriations, expendi- spector General’’) shall be under the author- subdivision with written notice that the In- tures of funds, accounting, and finance; ity, direction, and control of the Secretary spector General has initiated such an audit (2) procurement; of Homeland Security (in this section re- or investigation. If the Inspector General (3) human resources and personnel; ferred to as the ‘‘Secretary’’) with respect to issues such a notice, no other audit or inves- (4) information technology and commu- audits or investigations, or the issuance of tigation shall be initiated into the matter nications systems; subpoenas, which require access to sensitive under audit or investigation by the Inspector (5) facilities, property, equipment, and information concerning— General, and any other audit or investiga- other material resources; ‘‘(A) intelligence or counterintelligence tion of such matter shall cease. (6) security for personnel, information matters; ‘‘(c) Any report required to be transmitted technology and communications systems, fa- ‘‘(B) ongoing criminal investigations or by the Secretary to the appropriate commit- cilities, property, equipment, and other ma- proceedings; tees or subcommittees of Congress under sec- terial resources; and ‘‘(C) undercover operations; tion 5(d) shall also be transmitted, within (7) identification and tracking of perform- ‘‘(D) the identity of confidential sources, the 7-day period specified under that sub- ance measures relating to the responsibil- including protected witnesses; section, to— ities of the Department. ‘‘(E) other matters the disclosure of which ‘‘(1) the President of the Senate; SEC. 105. ASSISTANT SECRETARIES. would constitute a serious threat to the pro- ‘‘(2) the Speaker of the House of Represent- (a) IN GENERAL.—There shall be in the De- tection of any person or property authorized atives; partment not more than 5 Assistant Secre- protection by— ‘‘(3) the Committee on Governmental Af- taries (not including the 2 Assistant Secre- ‘‘(i) section 3056 of title 18, United States fairs of the Senate; and taries appointed under division B), each of Code; ‘‘(4) the Committee on Government Reform whom shall be appointed by the President, ‘‘(ii) section 202 of title 3, United States of the House of Representatives.’’. by and with the advice and consent of the Code; or (e) TECHNICAL AND CONFORMING AMEND- Senate. ‘‘(iii) any provision of the Presidential MENTS.—The Inspector General Act of 1978 (5 (b) RESPONSIBILITIES.— Protection Assistance Act of 1976 (18 U.S.C. U.S.C. appendix) is amended— (1) IN GENERAL.—Whenever the President 3056 note); or (1) in section 4(b), by striking ‘‘8F’’ each submits the name of an individual to the ‘‘(F) other matters the disclosure of which place it appears and inserting ‘‘8G’’; and Senate for confirmation as an Assistant Sec- would constitute a serious threat to national (2) in section 8J (as redesignated by sub- retary under this section, the President shall security. section (c)(1)), by striking ‘‘or 8H’’ and in- describe the general responsibilities that ‘‘(2) With respect to the information de- serting ‘‘, 8H, or 8I’’.’’ such appointee will exercise upon taking of- scribed under paragraph (1), the Secretary SEC. 107. CHIEF FINANCIAL OFFICER. fice. may prohibit the Inspector General from car- (a) IN GENERAL.—There shall be in the De- (2) ASSIGNMENT.—Subject to paragraph (1), rying out or completing any audit or inves- partment a Chief Financial Officer, who the Secretary shall assign to each Assistant tigation, or from issuing any subpoena, after shall be appointed or designated in the man- Secretary such functions as the Secretary such Inspector General has decided to ini- ner prescribed under section 901(a)(1) of title considers appropriate. tiate, carry out, or complete such audit or 31, United States Code.

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(b) ESTABLISHMENT.—Section 901(b)(1) of that minimizes the risk of harm to individ- ment of State and other relevant Federal of- title 31, United States Code, is amended— uals from the inappropriate disclosure or use ficials. (1) by redesignating subparagraphs (G) of such materials; (5) To initially concentrate on fostering through (P) as subparagraphs (H) through (3) assist Department personnel with the cooperation with countries that are already (Q), respectively; and preparation of privacy impact assessments highly focused on homeland security issues (2) by inserting after subparagraph (F) the when required by law or considered appro- and that have demonstrated the capability following: priate by the Secretary; and for fruitful cooperation with the United ‘‘(G) The Department of Homeland Secu- (4) notify the Inspector General of any States in the area of counterterrorism. rity.’’. matter that, in the opinion of the Privacy SEC. 114. EXECUTIVE SCHEDULE POSITIONS. SEC. 108. CHIEF INFORMATION OFFICER. Officer, warrants further investigation. (a) EXECUTIVE SCHEDULE LEVEL I POSI- (a) IN GENERAL.—There shall be in the De- SEC. 112. CHIEF HUMAN CAPITAL OFFICER. TION.—Section 5312 of title 5, United States partment a Chief Information Officer, who (a) IN GENERAL.—The Secretary shall ap- Code, is amended by adding at the end the shall be designated in the manner prescribed point or designate a Chief Human Capital Of- following: under section 3506(a)(2)(A) of title 44, United ficer, who shall— ‘‘Secretary of Homeland Security.’’. States Code. (1) advise and assist the Secretary and (b) EXECUTIVE SCHEDULE LEVEL II POSI- (b) RESPONSIBILITIES.—The Chief Informa- other officers of the Department in ensuring TION.—Section 5313 of title 5, United States tion Officer shall assist the Secretary with that the workforce of the Department has Code, is amended by adding at the end the Department-wide information resources the necessary skills and training, and that following: management and perform those duties pre- the recruitment and retention policies of the ‘‘Deputy Secretary of Homeland Secu- scribed by law for chief information officers Department allow the Department to attract rity.’’. of agencies. and retain a highly qualified workforce, in (c) EXECUTIVE SCHEDULE LEVEL III POSI- SEC. 109. GENERAL COUNSEL. accordance with all applicable laws and re- TION.—Section 5314 of title 5, United States (a) IN GENERAL.—There shall be in the De- quirements, to enable the Department to Code, is amended by adding at the end the partment a General Counsel, who shall be ap- achieve its missions; following: pointed by the President, by and with the ad- ‘‘Under Secretary for Management, De- vice and consent of the Senate. (2) oversee the implementation of the laws, rules and regulations of the President and partment of Homeland Security.’’. (b) RESPONSIBILITIES.—The General Coun- (d) EXECUTIVE SCHEDULE LEVEL IV POSI- sel shall— the Office of Personnel Management governing the civil service within the Depart- TIONS.—Section 5315 of title 5, United States (1) serve as the chief legal officer of the De- Code, is amended by adding at the end the partment; ment; and (3) advise and assist the Secretary in plan- following: (2) provide legal assistance to the Sec- ‘‘Assistant Secretaries of Homeland Secu- retary concerning the programs and policies ning and reporting under the Government Performance and Results Act of 1993 (includ- rity (5). of the Department; and ‘‘Inspector General, Department of Home- (3) advise and assist the Secretary in caring the amendments made by that Act), with respect to the human capital resources and land Security. rying out the responsibilities under section ‘‘Chief Financial Officer, Department of 102(b). needs of the Department for achieving the plans and goals of the Department. Homeland Security. SEC. 110. CIVIL RIGHTS OFFICER. (b) RESPONSIBILITIES.—The responsibilities ‘‘Chief Information Officer, Department of (a) IN GENERAL.—There shall be in the De- of the Chief Human Capital Officer shall in- Homeland Security. partment a Civil Rights Officer, who shall be clude— ‘‘General Counsel, Department of Home- appointed by the President, by and with the land Security.’’. advice and consent of the Senate. (1) setting the workforce development (b) RESPONSIBILITIES.—The Civil Rights Of- strategy of the Department; Subtitle B—Establishment of Directorates ficer shall be responsible for— (2) assessing workforce characteristics and and Offices (1) ensuring compliance with all civil future needs based on the mission and stra- SEC. 131. DIRECTORATE OF BORDER AND TRANS- rights and related laws and regulations ap- tegic plan of the Department; PORTATION PROTECTION. plicable to Department employees and par- (3) aligning the human resources policies (a) ESTABLISHMENT.— ticipants in Department programs; and programs of the Department with orga- (1) DIRECTORATE.—There is established (2) coordinating administration of all civil nization mission, strategic goals, and per- within the Department the Directorate of rights and related laws and regulations with- formance outcomes; Border and Transportation Protection. in the Department for Department employ- (4) developing and advocating a culture of (2) UNDER SECRETARY.—There shall be an ees and participants in Department pro- continuous learning to attract and retain Under Secretary for Border and Transpor- grams; employees with superior abilities; tation, who shall be appointed by the Presi- (3) assisting the Secretary, directorates, (5) identifying best practices and dent, by and with the advice and consent of and offices with the development and imple- benchmarking studies; the Senate. mentation of policies and procedures that (6) applying methods for measuring intel- (b) RESPONSIBILITIES.—The Directorate of ensure that civil rights considerations are lectual capital and identifying links of that Border and Transportation Protection shall appropriately incorporated and implemented capital to organizational performance and be responsible for the following: in Department programs and activities; growth; and (1) Securing the borders, territorial waters, (4) overseeing compliance with statutory (7) providing employee training and profes- ports, terminals, waterways and air, land and constitutional requirements related to sional development. (including rail), and sea transportation sys- the civil rights of individuals affected by the SEC. 113. OFFICE OF INTERNATIONAL AFFAIRS. tems of the United States, including coordi- programs and activities of the Department; (a) ESTABLISHMENT.—There is established nating governmental activities at ports of and within the Office of the Secretary, an Office entry. (5) notifying the Inspector General of any of International Affairs. The Office shall be (2) Receiving and providing relevant intel- matter that, in the opinion of the Civil headed by a Director who shall be appointed ligence on threats of terrorism and other Rights Officer, warrants further investiga- by the Secretary. homeland threats. tion. (b) RESPONSIBILITIES OF THE DIRECTOR.— (3) Administering, carrying out, and pro- SEC. 111. PRIVACY OFFICER. The Director shall have the following respon- moting other established missions of the en- (a) IN GENERAL.—There shall be in the De- sibilities: tities transferred to the Directorate. partment a Privacy Officer, who shall be ap- (1) To promote information and education (4) Using intelligence from the Directorate pointed by the Secretary. exchange with foreign nations in order to of Intelligence and other Federal intel- (b) RESPONSIBILITIES.—The Privacy Officer promote sharing of best practices and tech- ligence organizations under section shall— nologies relating to homeland security. Such 132(a)(1)(B) to establish inspection priorities (1) oversee compliance with section 552a of information exchange shall include— to identify products, including agriculture title 5, United States Code (commonly re- (A) joint research and development on and livestock, and other goods imported ferred to as the Privacy Act of 1974) and all countermeasures; from suspect locations recognized by the in- other applicable laws relating to the privacy (B) joint training exercises of first respond- telligence community as having terrorist ac- of personal information; ers; and tivities, unusual human health or agri- (2) assist the Secretary, directorates, and (C) exchange of expertise on terrorism pre- culture disease outbreaks, or harboring ter- offices with the development and implemen- vention, response, and crisis management. rorists. tation of policies and procedures that ensure (2) To identify areas for homeland security (5) Providing agency-specific training for that— information and training exchange. agents and analysts within the Department, (A) privacy considerations and safeguards (3) To plan and undertake international other agencies, and State and local agencies are appropriately incorporated and imple- conferences, exchange programs, and train- and international entities that have estab- mented in Department programs and activi- ing activities. lished partnerships with the Federal Law En- ties; and (4) To manage activities under this section forcement Training Center. (B) any information received by the De- and other international activities within the (6) Performing such other duties as as- partment is used or disclosed in a manner Department in consultation with the Depart- signed by the Secretary.

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(c) TRANSFER OF AUTHORITIES, FUNCTIONS, (J) The Trade Agreements Act of 1979 (19 (B) WAIVER.—The President may waive the PERSONNEL, AND ASSETS TO THE DEPART- U.S.C. 2502 et seq.). restrictions under subparagraph (A) for a pe- MENT.—Except as provided under subsection (K) The North American Free Trade Agree- riod of not to exceed 90 days upon a declara- (d), the authorities, functions, personnel, and ment Implementation Act (19 U.S.C. 3301 et tion and certification by the President to assets of the following entities are trans- seq.). Congress that a clear, compelling, and imme- ferred to the Department: (L) The Uruguay Round Agreements Act diate state of national emergency exists that (1) The United States Customs Service, (19 U.S.C. 3501 et seq.). justifies such a waiver. A certification under which shall be maintained as a distinct enti- (M) The Caribbean Basin Economic Recov- this paragraph shall include a detailed jus- ty within the Department. ery Act (19 U.S.C. 2701 et seq.). tification for the declaration and certifi- (2) The United States Coast Guard, which (N) The Andean Trade Preference Act (19 cation, including the reasons and specific in- shall be maintained as a distinct entity U.S.C. 3201 et seq.). formation that demonstrate that the Nation within the Department. (O) The African Growth and Opportunity and the Coast Guard cannot respond effec- (3) The Animal and Plant Health Inspec- Act (19 U.S.C. 3701 et seq.). tively to the national emergency if the re- tion Service of the Department of Agri- (P) Any other provision of law vesting cus- strictions under subparagraph (A) are not culture, that portion of which administers toms revenue functions in the Secretary of waived. laws relating to agricultural quarantine in- the Treasury. (5) ANNUAL REVIEW.— spections at points of entry. (3) DEFINITION OF CUSTOMS REVENUE FUNC- (A) IN GENERAL.—The Inspector General of (4) The Transportation Security Adminis- TIONS.—In this subsection, the term ‘‘cus- the Department shall conduct an annual re- tration of the Department of Transportation. toms revenue functions’’ means— view that shall assess thoroughly the per- (5) The Federal Law Enforcement Training (A) assessing, collecting, and refunding du- formance by the Coast Guard of all missions Center of the Department of the Treasury. ties (including any special duties), excise of the Coast Guard (including non-homeland (d) EXERCISE OF CUSTOMS REVENUE AUTHOR- taxes, fees, and any liquidated damages or security missions and homeland security ITY.— penalties due on imported merchandise, in- missions) with a particular emphasis on ex- (1) IN GENERAL.— cluding classifying and valuing merchandise amining the non-homeland security mis- (A) AUTHORITIES NOT TRANSFERRED.—Not- and the procedures for ‘‘entry’’ as that term sions. withstanding subsection (c), authority that is defined in the United States Customs laws; (B) REPORT.—The report under this para- was vested in the Secretary of the Treasury (B) administering section 337 of the Tariff graph shall be submitted not later than by law to issue regulations related to cus- Act of 1930 and provisions relating to import March 1 of each year to— toms revenue functions before the effective quotas and the marking of imported mer- (i) the Committee on Governmental Affairs date of this section under the provisions of chandise, and providing Customs of the Senate; law set forth under paragraph (2) shall not be Recordations for copyrights, patents, and (ii) the Committee on Government Reform transferred to the Secretary by reason of trademarks; of the House of Representatives; this Act. The Secretary of the Treasury, (C) collecting accurate import data for (iii) the Committees on Appropriations of with the concurrence of the Secretary, shall compilation of international trade statistics; the Senate and the House of Representatives; exercise this authority. The Commissioner of and (iv) the Committee on Commerce, Science, Customs is authorized to engage in activities (D) administering reciprocal trade agree- and Transportation of the Senate; and to develop and support the issuance of the ments and trade preference legislation. (v) the Committee on Transportation and regulations described in this paragraph. The (e) PRESERVING COAST GUARD MISSION PER- Infrastructure of the House of Representa- Secretary shall be responsible for the imple- FORMANCE.— tives. mentation and enforcement of regulations (1) DEFINITIONS.—In this subsection: (6) DIRECT REPORTING TO SECRETARY.—Upon issued under this section. (A) NON-HOMELAND SECURITY MISSIONS.— the transfer of the Coast Guard to the De- (B) REPORT.—Not later than 60 days after The term ‘‘non-homeland security missions’’ partment, the Commandant shall report di- the date of enactment of this Act, the Sec- means the following missions of the Coast rectly to the Secretary without being re- retary of the Treasury shall submit a report Guard: quired to report through any other official of to the Committee on Finance of the Senate (i) Marine safety. the Department. and the Committee on Ways and Means of (ii) Search and rescue. (7) OPERATION AS A SERVICE IN THE NAVY.— the House of Representatives of proposed (iii) Aids to navigation. None of the conditions and restrictions in conforming amendments to the statutes set (iv) Living marine resources (fisheries law this subsection shall apply when the Coast forth under paragraph (2) in order to deter- enforcement). Guard operates as a service in the Navy mine the appropriate allocation of legal au- (v) Marine environmental protection. under section 3 of title 14, United States thorities described under this subsection. (vi) Ice operations. Code. The Secretary of the Treasury shall also (B) HOMELAND SECURITY MISSIONS.—The SEC. 132. DIRECTORATE OF INTELLIGENCE. identify those authorities vested in the Sec- term ‘‘homeland security missions’’ means (a) ESTABLISHMENT.— retary of the Treasury that are exercised by the following missions of the Coast Guard: (1) DIRECTORATE.— the Commissioner of Customs on or before (i) Ports, waterways and coastal security. (A) IN GENERAL.—There is established a Di- the effective date of this section. (ii) Drug interdiction. rectorate of Intelligence which shall serve as (C) LIABILITY.—Neither the Secretary of (iii) Migrant interdiction. a national-level focal point for information the Treasury nor the Department of the (iv) Defense readiness. available to the United States Government Treasury shall be liable for or named in any (v) Other law enforcement. relating to the plans, intentions, and capa- legal action concerning the implementation (2) MAINTENANCE OF STATUS OF FUNCTIONS bilities of terrorists and terrorist organiza- and enforcement of regulations issued under AND ASSETS.—Notwithstanding any other tions for the purpose of supporting the mis- this paragraph on or after the date on which provision of this Act, the authorities, func- sion of the Department. the United States Customs Service is trans- tions, assets, organizational structure, units, (B) SUPPORT TO DIRECTORATE.—The Direc- ferred under this division. personnel, and non-homeland security mis- torate of Intelligence shall communicate, co- (2) APPLICABLE LAWS.—The provisions of sions of the Coast Guard shall be maintained ordinate, and cooperate with— law referred to under paragraph (1) are those intact and without reduction after the trans- (i) the Federal Bureau of Investigation; sections of the following statutes that relate fer of the Coast Guard to the Department, (ii) the intelligence community, as defined to customs revenue functions: except as specified in subsequent Acts. under section 3 of the National Security Act (A) The Tariff Act of 1930 (19 U.S.C. 1304 et (3) CERTAIN TRANSFERS PROHIBITED.—None of 1947 (50 U.S.C. 401a), including the Office of seq.). of the missions, functions, personnel, and as- the Director of Central Intelligence, the Na- (B) Section 249 of the Revised Statutes of sets (including for purposes of this sub- tional Intelligence Council, the Central In- the United States (19 U.S.C. 3). section ships, aircraft, helicopters, and vehi- telligence Agency, the National Security (C) Section 2 of the Act of March 4, 1923 (19 cles) of the Coast Guard may be transferred Agency, the Defense Intelligence Agency, the U.S.C. 6). to the operational control of, or diverted to National Imagery and Mapping Agency, the (D) Section 13031 of the Consolidated Omni- the principal and continuing use of, any National Reconnaissance Office, and the Bu- bus Budget Reconciliation Act of 1985 (19 other organization, unit, or entity of the De- reau of Intelligence and Research of the De- U.S.C. 58c). partment. partment of State; and (E) Section 251 of the Revised Statutes of (4) CHANGES TO NON-HOMELAND SECURITY (iii) other agencies or entities, including the United States (19 U.S.C. 66). MISSIONS.— those within the Department, as determined (F) Section 1 of the Act of June 26, 1930 (19 (A) PROHIBITION.—The Secretary may not by the Secretary. U.S.C. 68). make any substantial or significant change (C) INFORMATION ON INTERNATIONAL TER- (G) The Foreign Trade Zones Act (19 U.S.C. to any of the non-homeland security mis- RORISM.— 81a et seq.). sions of the Coast Guard, or to the capabili- (i) DEFINITIONS.—In this subparagraph, the (H) Section 1 of the Act of March 2, 1911 (19 ties of the Coast Guard to carry out each of terms ‘‘foreign intelligence’’ and ‘‘counter- U.S.C. 198). the non-homeland security missions, without intelligence’’ shall have the meaning given (I) The Trade Act of 1974 (19 U.S.C. 2101 et the prior approval of Congress as expressed those terms in section 3 of the National Se- seq.). in a subsequent Act. curity Act of 1947 (50 U.S.C. 401a).

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(ii) PROVISION OF INFORMATION TO COUNTER- United States and other threats to homeland access to, and United States Government TERRORIST CENTER.—In order to ensure that security. agencies shall provide, all reports, assess- the Secretary is provided with appropriate (6) Establishing and utilizing, in conjunc- ments, analytical information, and informa- analytical products, assessments, and warn- tion with the Chief Information Officer of tion, including unevaluated intelligence, re- ings relating to threats of terrorism against the Department and the appropriate officers lating to the plans, intentions, capabilities, the United States and other threats to home- of the agencies described under subsection and activities of terrorists and terrorist or- land security, the Director of Central Intel- (a)(1)(B), a secure communications and infor- ganizations, and to other areas of responsi- ligence (as head of the intelligence commu- mation technology infrastructure, and ad- bility as described in this division, that may nity with respect to foreign intelligence and vanced analytical tools, to carry out the be collected, possessed, or prepared, by any counterintelligence), the Attorney General, mission of the Directorate. other United States Government agency. and the heads of other agencies of the Fed- (7) Developing, in conjunction with the (2) ADDITIONAL INFORMATION.—As the Presi- eral Government shall ensure that all intel- Chief Information Officer of the Department dent may further provide, the Secretary ligence and other information relating to and appropriate officers of the agencies de- shall receive additional information re- international terrorism is provided to the scribed under subsection (a)(1)(B), appro- quested by the Secretary from the agencies Director of Central Intelligence’s Counter- priate software, hardware, and other infor- described under subsection (a)(1)(B). terrorist Center. mation technology, and security and for- (3) OBTAINING INFORMATION.—All informa- (iii) ANALYSIS OF INFORMATION.—The Direc- matting protocols, to ensure that Federal tion shall be provided to the Secretary con- tor of Central Intelligence shall ensure the Government databases and information tech- sistent with the requirements of subsection analysis by the Counterterrorist Center of nology systems containing information rel- (b)(8), unless otherwise determined by the all intelligence and other information pro- evant to terrorist threats, and other threats President. vided the Counterterrorist Center under against the United States, are— (4) COOPERATIVE ARRANGEMENTS.—The Sec- clause (ii). (A) compatible with the secure commu- retary may enter into cooperative arrange- (iv) ANALYSIS OF FOREIGN INTELLIGENCE.— nications and information technology infra- ments with agencies described under sub- The Counterterrorist Center shall have pri- structure referred to under paragraph (6); section (a)(1)(B) to share material on a reg- mary responsibility for the analysis of for- and ular or routine basis, including arrange- eign intelligence relating to international (B) comply with Federal laws concerning ments involving broad categories of mate- terrorism. privacy and the prevention of unauthorized rial, and regardless of whether the Secretary (2) UNDER SECRETARY.—There shall be an disclosure. has entered into any such cooperative ar- Under Secretary for Intelligence who shall (8) Ensuring, in conjunction with the Di- rangement, all agencies described under sub- be appointed by the President, by and with rector of Central Intelligence and the Attor- section (a)(1)(B) shall promptly provide in- the advice and consent of the Senate. ney General, that all material received by formation under this subsection. the Department is protected against unau- (b) RESPONSIBILITIES.—The Directorate of thorized disclosure and is utilized by the De- (d) AUTHORIZATION TO SHARE LAW ENFORCE- Intelligence shall be responsible for the fol- partment only in the course and for the pur- MENT INFORMATION.—The Secretary shall be lowing: pose of fulfillment of official duties, and is deemed to be a Federal law enforcement, in- (1)(A) Receiving and analyzing law enforce- transmitted, retained, handled, and dissemi- telligence, protective, national defense, or ment and other information from agencies of nated consistent with— national security official for purposes of in- the United States Government, State and (A) the authority of the Director of Central formation sharing provisions of— local government agencies (including law en- Intelligence to protect intelligence sources (1) section 203(d) of the USA PATRIOT Act forcement agencies), and private sector enti- and methods from unauthorized disclosure of 2001 (Public Law 107–56); ties, and fusing such information and anal- under the National Security Act of 1947 (50 (2) section 2517(6) of title 18, United States ysis with analytical products, assessments, U.S.C. 401 et seq.) and related procedures; or Code; and and warnings concerning foreign intelligence (B) as appropriate, similar authorities of (3) rule 6(e)(3)(C) of the Federal Rules of from the Director of Central Intelligence’s the Attorney General concerning sensitive Criminal Procedure. Counterterrorist Center in order to— law enforcement information, and the pri- (i) identify and assess the nature and scope (e) ADDITIONAL RESPONSIBILITIES.—The vacy interests of United States persons as Under Secretary for Intelligence shall also of threats to the homeland; and defined under section 101 of the Foreign In- (ii) detect and identify threats of terrorism be responsible for— telligence Surveillance Act of 1978 (50 U.S.C. (1) developing analysis concerning the against the United States and other threats 1801). means terrorists might employ to exploit to homeland security. (9) Providing, through the Secretary, to vulnerabilities in the homeland security in- (B) Nothing in this paragraph shall be con- the appropriate law enforcement or intel- frastructure; strued to prohibit the Directorate from con- ligence agency, information and analysis re- (2) developing and conducting experiments, ducting supplemental analysis of foreign in- lating to threats. tests, and inspections to test weaknesses in telligence relating to threats of terrorism (10) Coordinating, or where appropriate homeland defenses; against the United States and other threats providing, training and other support as nec- (3) developing and practicing counter- to homeland security. essary to providers of information to the De- surveillance techniques to prevent attacks; (2) Ensuring timely and efficient access by partment, or consumers of information from (4) conducting risk assessments to deter- the Directorate to— the Department, to allow such providers or mine the risk posed by specific kinds of ter- (A) information from agencies described consumers to identify and share intelligence rorist attacks, the probability of successful under subsection (a)(1)(B), State and local information revealed in their ordinary duties attacks, and the feasibility of specific coun- governments, local law enforcement and in- or utilize information received from the De- termeasures; and telligence agencies, private sector entities; partment, including training and support (5) working with the Directorate of Critical and under section 908 of the USA PATRIOT Act Infrastructure Protection, other offices and (B) open source information. of 2001 (Public Law 107–56). agencies in the Department, other United (3) Representing the Department in proce- (11) Reviewing, analyzing, and making rec- States Government agencies, State and local dures to establish requirements and prior- ommendations through the Secretary for im- governments, local law enforcement and in- ities in the collection of national intel- provements in the policies and procedures telligence agencies, and private sector enti- ligence for purposes of the provision to the governing the sharing of law enforcement, ties, to address vulnerabilities. executive branch under section 103 of the Na- intelligence, and other information relating tional Security Act of 1947 (50 U.S.C. 403–3) of to threats of terrorism against the United (f) MANAGEMENT AND STAFFING.— national intelligence relating to foreign ter- States and other threats to homeland secu- (1) IN GENERAL.—The Directorate of Intel- rorist threats to the homeland. rity within the United States Government ligence shall be staffed, in part, by analysts (4) Consulting with the Attorney General and between the United States Government as requested by the Secretary and assigned or the designees of the Attorney General, and State and local governments, local law by the agencies described under subsection and other officials of the United States Gov- enforcement and intelligence agencies, and (a)(1)(B). The analysts shall be assigned by ernment to establish overall collection prior- private sector entities. reimbursable detail for periods as deter- ities and strategies for information, includ- (12) Assisting and supporting the Secretary mined necessary by the Secretary in con- ing law enforcement information, relating to in conducting threat and vulnerability as- junction with the head of the assigning agen- domestic threats, such as terrorism, to the sessments and risk analyses in coordination cy. No such detail may be undertaken with- homeland. with other appropriate entities, including out the consent of the assigning agency. (5) Disseminating information to the Di- the Office of Risk Analysis and Assessment (2) EMPLOYEES ASSIGNED WITHIN DEPART- rectorate of Critical Infrastructure Protec- in the Directorate of Science and Tech- MENT.—The Secretary may assign employees tion, the agencies described under subsection nology. of the Department by reimbursable detail to (a)(1)(B), State and local governments, local (13) Performing other related and appro- the Directorate. law enforcement and intelligence agencies, priate duties as assigned by the Secretary. (3) SERVICE AS FACTOR FOR SELECTION.—The and private sector entities to assist in the (c) ACCESS TO INFORMATION.— President, or the designee of the President, deterrence, prevention, preemption, and re- (1) IN GENERAL.—Unless otherwise directed shall prescribe regulations to provide that sponse to threats of terrorism against the by the President, the Secretary shall have service described under paragraph (1) or (2),

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00157 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7974 CONGRESSIONAL RECORD — SENATE August 1, 2002 or service by employees within the Direc- rity of the United States, developing appro- tion in an emergency involving weapons of torate, shall be considered a positive factor priate security standards, tracking mass destruction. for selection to positions of greater author- vulnerabilities, proposing improved risk (4) Overseeing Federal, State, and local ity within all agencies described under sub- management policies, and delineating the emergency preparedness training and exer- section (a)(1)(B). roles of various Government agencies in pre- cise programs in keeping with intelligence (4) PERSONNEL SECURITY STANDARDS.—The venting, defending, and recovering from at- estimates and providing a single staff for employment of personnel in the Directorate tacks. Federal assistance for any emergency, in- shall be in accordance with such personnel (6) Acting as the Critical Information cluding emergencies caused by natural disas- security standards for access to classified in- Technology, Assurance, and Security Officer ters, manmade accidents, human or agricul- formation and intelligence as the Secretary, of the Department and assuming the respon- tural health emergencies, or terrorist at- in conjunction with the Director of Central sibilities carried out by the Critical Infra- tacks. Intelligence, shall establish for this sub- structure Assurance Office and the National (5) Creating a National Crisis Action Cen- section. Infrastructure Protection Center before the ter to act as the focal point for— (5) PERFORMANCE EVALUATION.—The Sec- effective date of this division. (A) monitoring emergencies; retary shall evaluate the performance of all (7) Coordinating the activities of the Infor- (B) notifying affected agencies and State personnel detailed to the Directorate, or del- mation Sharing and Analysis Centers to and local governments; and egate such responsibility to the Under Sec- share information, between the public and (C) coordinating Federal support for State retary for Intelligence. private sectors, on threats, vulnerabilities, and local governments and the private sector (g) INTELLIGENCE COMMUNITY.—Those por- individual incidents, and privacy issues re- in crises. tions of the Directorate of Intelligence under garding homeland security. (6) Managing and updating the Federal re- subsection (b)(1), and the intelligence-related (8) Working closely with the Department of sponse plan to ensure the appropriate inte- components of agencies transferred by this State on cyber security issues with respect gration of operational activities of the De- division to the Department, including the to international bodies and coordinating partment of Defense, the National Guard, United States Coast Guard, shall be— with appropriate agencies in helping to es- and other agencies, to respond to acts of ter- (1) considered to be part of the United tablish cyber security policy, standards, and rorism and other disasters. States intelligence community within the enforcement mechanisms. (7) Coordinating activities among private meaning of section 3 of the National Secu- (9) Establishing the necessary organiza- sector entities, including entities within the rity Act of 1947 (50 U.S.C. 401a); and tional structure within the Directorate to medical community, and animal health and (2) for budgetary purposes, within the Na- provide leadership and focus on both cyber plant disease communities, with respect to tional Foreign Intelligence Program. security and physical security, and ensuring recovery, consequence management, and SEC. 133. DIRECTORATE OF CRITICAL INFRA- the maintenance of a nucleus of cyber secu- planning for continuity of services. STRUCTURE PROTECTION. rity and physical security experts within the (8) Developing and managing a single re- (a) ESTABLISHMENT.— United States Government. sponse system for national incidents in co- (1) DIRECTORATE.—There is established ordination with all appropriate agencies. within the Department the Directorate of (10) Performing such other duties as assigned by the Secretary. (9) Coordinating with other agencies nec- Critical Infrastructure Protection. essary to carry out the functions of the Of- (c) TRANSFER OF AUTHORITIES, FUNCTIONS, (2) UNDER SECRETARY.—There shall be an fice of Emergency Preparedness. PERSONNEL, AND ASSETS TO THE DEPART- Under Secretary for Critical Infrastructure (10) Collaborating with, and transferring MENT.—The authorities, functions, per- Protection, who shall be appointed by the funds to, the Centers for Disease Control and sonnel, and assets of the following entities President, by and with the advice and con- Prevention or other agencies for administra- are transferred to the Department: sent of the Senate. tion of the Strategic National Stockpile (1) The Critical Infrastructure Assurance (b) RESPONSIBILITIES.—The Directorate of transferred under subsection (c)(5). Office of the Department of Commerce. Critical Infrastructure Protection shall be (11) Consulting with the Under Secretary responsible for the following: (2) The National Infrastructure Protection for Science and Technology, Secretary of Ag- (1) Receiving relevant intelligence from Center of the Federal Bureau of Investiga- riculture, and the Director of the Centers for the Directorate of Intelligence, law enforce- tion (other than the Computer Investiga- Disease Control and Prevention in estab- ment information, and other information in tions and Operations Section). lishing and updating the list of potential order to comprehensively assess the (3) The National Communications System threat agents or toxins relating to the func- vulnerabilities of the key resources and crit- of the Department of Defense. tions of the Select Agent Registration Pro- ical infrastructures in the United States. (4) The Computer Security Division of the gram transferred under subsection (c)(6). (2) Integrating relevant information, intel- National Institute of Standards and Tech- (12) Developing a plan to address the inter- ligence analysis, and vulnerability assess- nology of the Department of Commerce. face of medical informatics and the medical ments (whether such information, analyses, (5) The National Infrastructure Simulation response to terrorism that address— or assessments are provided by the Depart- and Analysis Center of the Department of (A) standards for interoperability; ment or others) to identify priorities and Energy. (B) real-time data collection; support protective measures by the Depart- (6) The Federal Computer Incident Re- (C) ease of use for health care providers; ment, by other agencies, by State and local sponse Center of the General Services Ad- (D) epidemiological surveillance of disease government personnel, agencies, and au- ministration. outbreaks in human health and agriculture; thorities, by the private sector, and by other (7) The Energy Security and Assurance (E) integration of telemedicine networks entities, to protect the key resources and Program of the Department of Energy. and standards; critical infrastructures in the United States. (8) The Federal Protective Service of the (F) patient confidentiality; and (3) As part of the Strategy, developing a General Services Administration. (G) other topics pertinent to the mission of comprehensive national plan for securing the SEC. 134. DIRECTORATE OF EMERGENCY PRE- the Department. key resources and critical infrastructure in PAREDNESS AND RESPONSE. (13) Activate and coordinate the operations the United States. (a) ESTABLISHMENT.— of the National Disaster Medical System as (4) Establishing specialized research and (1) DIRECTORATE.—There is established defined under section 102 of the Public analysis units for the purpose of processing within the Department the Directorate of Health Security and Bioterrorism Prepared- intelligence to identify vulnerabilities and Emergency Preparedness and Response. ness and Response Act of 2002 (Public Law protective measures in— (2) UNDER SECRETARY.—There shall be an 107–188). (A) public health; Under Secretary for Emergency Prepared- (14) Performing such other duties as as- (B) food and water storage, production and ness and Response, who shall be appointed by signed by the Secretary. distribution; the President, by and with the advice and (c) TRANSFER OF AUTHORITIES, FUNCTIONS, (C) commerce systems, including banking consent of the Senate. PERSONNEL, AND ASSETS TO THE DEPART- and finance; (b) RESPONSIBILITIES.—The Directorate of MENT.—The authorities, functions, per- (D) energy systems, including electric Emergency Preparedness and Response shall sonnel, and assets of the following entities power and oil and gas production and stor- be responsible for the following: are transferred to the Department: age; (1) Carrying out all emergency prepared- (1) The Federal Emergency Management (E) transportation systems, including pipe- ness and response activities carried out by Agency, the 10 regional offices of which shall lines; the Federal Emergency Management Agency be maintained and strengthened by the De- (F) information and communication sys- before the effective date of this division. partment, which shall be maintained as a tems; (2) Assuming the responsibilities carried distinct entity within the Department. (G) continuity of government services; and out by the National Domestic Preparedness (2) The National Office of Domestic Pre- (H) other systems or facilities the destruc- Office before the effective date of this divi- paredness of the Federal Bureau of Investiga- tion or disruption of which could cause sub- sion. tion of the Department of Justice. stantial harm to health, safety, property, or (3) Organizing and training local entities (3) The Office of Domestic Preparedness of the environment. to respond to emergencies and providing the Department of Justice. (5) Enhancing the sharing of information State and local authorities with equipment (4) The Office of Emergency Preparedness regarding cyber security and physical secu- for detection, protection, and decontamina- within the Office of the Assistant Secretary

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00158 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 1, 2002 CONGRESSIONAL RECORD — SENATE S7975 for Public Health Emergency Preparedness nology Council established under this sec- National Emergency Technology Guard of the Department of Health and Human tion. teams. Services, including— (2) FUND.—The term ‘‘Fund’’ means the Ac- (G) Chairing the Working Group estab- (A) the Noble Training Center; celeration Fund for Research and Develop- lished under section 108 of the Public Health (B) the Metropolitan Medical Response ment of Homeland Security Technologies es- Security and Bioterrorism Preparedness and System; tablished under this section. Response Act of 2002 (Public Law 107–188). (C) the Department of Health and Human (3) HOMELAND SECURITY RESEARCH AND DE- (H) Assisting the Secretary in developing Services component of the National Disaster VELOPMENT.—The term ‘‘homeland security the Strategy for Countermeasure Research Medical System; research and development’’ means research described under subsection (k). (D) the Disaster Medical Assistance Teams, and development applicable to the detection (I) Assisting the Secretary and acting on the Veterinary Medical Assistance Teams, of, prevention of, protection against, re- behalf of the Secretary in contracting with, and the Disaster Mortuary Operational Re- sponse to, and recovery from homeland secu- commissioning, or establishing federally sponse Teams; rity threats, particularly acts of terrorism. funded research and development centers de- (E) the special events response; and (4) OSTP.—The term ‘‘OSTP’’ means the termined useful and appropriate by the Sec- (F) the citizen preparedness programs. Office of Science and Technology Policy. retary for the purpose of providing the De- (5) The Strategic National Stockpile of the (5) SARPA.—The term ‘‘SARPA’’ means partment with independent analysis and sup- Department of Health and Human Services the Security Advanced Research Projects port. including all functions and assets under sec- Agency established under this section. (J) Assisting the Secretary and acting on tions 121 and 127 of the Public Health Secu- (6) TECHNOLOGY ROADMAP.—The term behalf of the Secretary in entering into joint rity and Bioterrorism Preparedness and Re- ‘‘technology roadmap’’ means a plan or sponsorship agreements with the Depart- sponse Act of 2002 (Public Law 107–188). framework in which goals, priorities, and ment of Energy regarding the use of the na- (6) The functions of the Select Agent Reg- milestones for desired future technological tional laboratories or sites. istration Program of the Department of capabilities and functions are established, (K) Carrying out other appropriate activi- Health and Human Services and the United and research and development alternatives ties as directed by the Secretary. States Department of Agriculture, including or means for achieving those goals, prior- (3) RESEARCH AND DEVELOPMENT-RELATED all functions of the Secretary of Health and ities, and milestones are identified and ana- AUTHORITIES.—The Secretary shall exercise Human Services and the Secretary of Agri- lyzed in order to guide decisions on resource the following authorities relating to the re- culture under sections 201 through 221 of the allocation and investments. search, development, testing, and evaluation Public Health Security and Bioterrorism (7) UNDER SECRETARY.—The term ‘‘Under activities of the Directorate of Science and Preparedness and Response Act of 2002 (Pub- Secretary’’ means the Under Secretary for Technology: lic Law 107–188). Science and Technology. (A) With respect to research and develop- (d) APPOINTMENT AS UNDER SECRETARY AND (c) DIRECTORATE OF SCIENCE AND TECH- ment expenditures under this section, the DIRECTOR.— NOLOGY.— authority (subject to the same limitations (1) IN GENERAL.—An individual may serve (1) ESTABLISHMENT.—There is established a and conditions) as the Secretary of Defense as both the Under Secretary for Emergency Directorate of Science and Technology with- may exercise under section 2371 of title 10, Preparedness and Response and the Director in the Department. United States Code (except for subsections of the Federal Emergency Management (2) UNDER SECRETARY.—There shall be an (b) and (f)), for a period of 5 years beginning Agency if appointed by the President, by and Under Secretary for Science and Technology, on the date of enactment of this Act. Com- with the advice and consent of the Senate, to who shall be appointed by the President, by petitive, merit-based selection procedures each office. and with the advice and consent of the Sen- shall be used for the selection of projects and (2) PAY.—Nothing in paragraph (1) shall be ate. The principal responsibility of the Under participants for transactions entered into construed to authorize an individual ap- Secretary shall be to effectively and effi- under the authority of this paragraph. The pointed to both positions to receive pay at a ciently carry out the purposes of the Direc- annual report required under subsection (h) rate of pay in excess of the rate of pay pay- torate of Science and Technology under sub- of such section, as applied to the Secretary able for the position to which the higher rate section (a). In addition, the Under Secretary by this subparagraph, shall— of pay applies. shall undertake the following activities in (i) be submitted to the President of the (e) REPORT.—Not later than 1 year after furtherance of such purposes: Senate, the Speaker of the House of Rep- the date of enactment of this Act, the Under (A) Coordinating with the OSTP, the Of- resentatives, the Committee on Govern- Secretary for Emergency Preparedness and fice, and other appropriate entities in devel- mental Affairs of the Senate, the Committee Response shall submit a report to Congress oping and executing the research and devel- on Government Reform of the House of Rep- on the status of a national medical opment agenda of the Department. resentatives, the Committee on Appropria- informatics system and an agricultural dis- (B) Developing a technology roadmap that tions of the Senate, and the Committee on ease surveillance system, and the capacity of shall be updated biannually for achieving Appropriations of the House of Representa- such systems to meet the goals under sub- technological goals relevant to homeland se- tives; and section (b)(12) in responding to a terrorist at- curity needs. (ii) report on other transactions entered tack. (C) Instituting mechanisms to promote, fa- into under subparagraph (B). SEC. 135. DIRECTORATE OF SCIENCE AND TECH- cilitate, and expedite the transfer and de- (B) Authority to carry out prototype NOLOGY. ployment of technologies relevant to home- projects in accordance with the requirements (a) PURPOSE.—The purpose of this section land security needs, including dual-use capa- and conditions provided for carrying out pro- is to establish a Directorate of Science and bilities. totype projects under section 845 of the Na- Technology that will support the mission of (D) Assisting the Secretary and the Direc- tional Defense Authorization Act for Fiscal the Department and the directorates of the tor of OSTP to ensure that science and tech- Year 1994 (Public Law 103–160), for a period of Department by— nology priorities are clearly reflected and 5 years beginning on the date of enactment (1) establishing, funding, managing, and considered in the Strategy developed under of this Act. In applying the authorities of supporting research, development, dem- title III. such section 845, subsection (c) of that sec- onstration, testing, and evaluation activities (E) Establishing mechanisms for the shar- tion shall apply with respect to prototype to meet national homeland security needs ing and dissemination of key homeland secu- projects under this paragraph, and the Sec- and objectives; rity research and technology developments retary shall perform the functions of the (2) setting national research and develop- and opportunities with appropriate Federal, Secretary of Defense under subsection (d) of ment goals and priorities pursuant to the State, local, and private sector entities. that section. Competitive, merit-based selec- mission of the Department, and developing (F) Establishing, in coordination with the tion procedures shall be used for the selec- strategies and policies in furtherance of such Under Secretary for Critical Infrastructure tion of projects and participants for trans- goals and priorities; Protection and the Under Secretary for actions entered into under the authority of (3) coordinating and collaborating with Emergency Preparedness and Response and this paragraph. other Federal departments and agencies, and relevant programs under their direction, a (C) In hiring personnel to assist in re- State, local, academic, and private sector en- National Emergency Technology Guard, search, development, testing, and evaluation tities, to advance the research and develop- comprised of teams of volunteers with exper- activities within the Directorate of Science ment agenda of the Department; tise in relevant areas of science and tech- and Technology, the authority to exercise (4) advising the Secretary on all scientific nology, to assist local communities in re- the personnel hiring and management au- and technical matters relevant to homeland sponding to and recovering from emergency thorities described in section 1101 of the security; and contingencies requiring specialized scientific Strom Thurmond National Defense Author- (5) facilitating the transfer and deploy- and technical capabilities. In carrying out ization Act for Fiscal Year 1999 (5 U.S.C. 3104 ment of technologies that will serve to en- this responsibility, the Under Secretary note; Public Law 105–261), with the stipula- hance homeland security goals. shall establish and manage a database of Na- tion that the Secretary shall exercise such (b) DEFINITIONS.—In this section: tional Emergency Technology Guard volun- authority for a period of 7 years commencing (1) COUNCIL.—The term ‘‘Council’’ means teers, and prescribe procedures for orga- on the date of enactment of this Act, that a the Homeland Security Science and Tech- nizing, certifying, mobilizing, and deploying maximum of 100 persons may be hired under

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such authority, and that the term of ap- (e) SCIENCE AND TECHNOLOGY COUNCIL.— (C) provide selected projects with single or pointment for employees under subsection (1) ESTABLISHMENT.—There is established multiyear funding, and require such projects (c)(1) of that section may not exceed 5 years the Homeland Security Science and Tech- to provide interim progress reports, no less before the granting of any extensions under nology Council within the Directorate of often than annually; subsection (c)(2) of that section. Science and Technology. The Under Sec- (D) administer the Acceleration Fund to (D) With respect to such research, develop- retary shall chair the Council and have the carry out the purposes of this paragraph; ment, testing, and evaluation responsibil- authority to convene meetings. At the dis- (E) advise the Secretary and Under Sec- ities under this section (except as provided cretion of the Under Secretary and the Di- retary on funding priorities under subsection in subparagraph (E)) as the Secretary may rector of OSTP, the Council may be con- (c)(3)(E); and elect to carry out through agencies other stituted as a subcommittee of the National (F) perform other appropriate activities as than the Department (under agreements Science and Technology Council. directed by the Under Secretary. with their respective heads), the Secretary (2) COMPOSITION.—The Council shall be (g) OFFICE OF RISK ANALYSIS AND ASSESS- may transfer funds to such heads. Of the composed of the following: MENT .— funds authorized to be appropriated under (A) Senior research and development offi- (1) ESTABLISHMENT.—There is established subsection (d)(4) for the Fund, not less than cials representing agencies engaged in re- an Office of Risk Analysis and Assessment 10 percent of such funds for each fiscal year search and development relevant to home- within the Directorate of Science and Tech- through 2005 shall be authorized only for the land security and combating terrorism nology. Under Secretary, through joint agreement needs. Each representative shall be ap- (2) FUNCTIONS.—The Office of Risk Analysis with the Commandant of the Coast Guard, to pointed by the head of the representative’s and Assessment shall— carry out research and development of im- respective agency with the advice and con- (A) assist the Under Secretary in con- proved ports, waterways, and coastal secu- sent of the Under Secretary. ducting or commissioning studies related to rity surveillance and perimeter protection (B) The Director of SARPA and other ap- threat assessment and risk analysis, includ- capabilities for the purpose of minimizing propriate officials within the Department. ing— the possibility that Coast Guard cutters, air- (C) The Director of the OSTP and other (i) analysis of responses to terrorist inci- craft, helicopters, and personnel will be di- senior officials of the Executive Office of the dents; verted from non-homeland security missions President as designated by the President. (ii) scenario-based threat assessment exercises and simulations; to the ports, waterways, and coastal security (3) RESPONSIBILITIES.—The Council shall— mission. (A) provide the Under Secretary with rec- (iii) red teaming to predict and discern the potential methods, means, and targets of ter- (E) The Secretary may carry out human ommendations on priorities and strategies, rorists; and health biodefense-related biological, bio- including those related to funding and port- (iv) economic and policy analyses of alter- medical, and infectious disease research and folio management, for homeland security re- native counterterrorism policies; development (including vaccine research and search and development; (B) coordinate with other entities engaged development) in collaboration with the Sec- (B) facilitate effective coordination and in threat assessment and risk analysis, in- retary of Health and Human Services. Re- communication among agencies, other enti- cluding those within the Department, such search supported by funding appropriated to ties of the Federal Government, and entities as the Directorate of Intelligence; the National Institutes of Health for bioter- in the private sector and academia, with re- rorism research and related facilities devel- (C) monitor and evaluate novel scientific spect to the conduct of research and develop- opment shall be conducted through the Na- findings in order to assist the Under Sec- ment related to homeland security; tional Institutes of Health under joint stra- retary in developing and reassessing the re- (C) recommend specific technology areas tegic prioritization agreements between the search and development priorities of the De- for which the Fund and other research and Secretary and the Secretary of Health and partment; development resources shall be used, among Human Services. The Secretary shall have (D) design metrics to evaluate the effec- other things, to rapidly transition homeland the authority to establish general research tiveness of homeland security programs; security research and development into de- priorities, which shall be embodied in the (E) support the Directorate of Emergency ployed technology and reduce identified joint strategic prioritization agreements Preparedness and Response in designing field homeland security vulnerabilities; with the Secretary of Health and Human tests and exercises; and (D) assist and advise the Under Secretary Services. The specific scientific research (F) perform other appropriate activities as in developing the technology roadmap re- agenda to implement agreements under this directed by the Under Secretary. ferred to under subsection (c)(2)(B); and subparagraph shall be developed by the Sec- (h) OFFICE FOR TECHNOLOGY EVALUATION retary of Health and Human Services, who (E) perform other appropriate activities as AND TRANSITION.— shall consult the Secretary to ensure that directed by the Under Secretary. (1) ESTABLISHMENT.—There is established the agreements conform with homeland se- (4) ADVISORY PANEL.—The Under Secretary an Office for Technology Evaluation and curity priorities. All research programs es- may establish an advisory panel consisting Transition within the Directorate of Science tablished under those agreements shall be of representatives from industry, academia, and Technology. managed and awarded by the Director of the and other non-Federal entities to advise and (2) FUNCTION.—The Office for Technology National Institutes of Health consistent with support the Council. Evaluation and Transition shall, with re- those agreements. The Secretary may trans- (5) WORKING GROUPS.—At the discretion of spect to technologies relevant to homeland fer funds to the Department of Health and the Under Secretary, the Council may estab- security needs— Human Services in connection with those lish working groups in specific homeland se- (A) serve as the principal, national point- agreements. curity areas consisting of individuals with of-contact and clearinghouse for receiving (d) ACCELERATION FUND.— relevant expertise in each articulated area. and processing proposals or inquiries regard- (1) ESTABLISHMENT.—There is established Working groups established for bioterrorism ing such technologies; an Acceleration Fund to support research and public health-related research shall be (B) identify and evaluate promising new and development of technologies relevant to fully coordinated with the Working Group technologies; homeland security. established under section 108 of the Public (C) undertake testing and evaluation of, (2) FUNCTION.—The Fund shall be used to Health Security and Bioterrorism Prepared- and assist in transitioning, such tech- stimulate and support research and develop- ness and Response Act of 2002 (Public Law nologies into deployable, fielded systems; ment projects selected by SARPA under sub- 107–188). (D) consult with and advise agencies re- section (f), and to facilitate the rapid trans- (f) SECURITY ADVANCED RESEARCH garding the development, acquisition, and fer of research and technology derived from PROJECTS AGENCY.— deployment of such technologies; such projects. (1) ESTABLISHMENT.—There is established (E) coordinate with SARPA to accelerate (3) RECIPIENTS.—Fund monies may be made the Security Advanced Research Projects the transition of technologies developed by available through grants, contracts, coopera- Agency within the Directorate of Science SARPA and ensure transition paths for such tive agreements, and other transactions and Technology. technologies; and under subsection (c)(3) (A) and (B) to— (2) RESPONSIBILITIES.—SARPA shall— (F) perform other appropriate activities as (A) public sector entities, including Fed- (A) undertake and stimulate basic and ap- directed by the Under Secretary. eral, State, or local entities; plied research and development, leverage ex- (3) TECHNICAL SUPPORT WORKING GROUP.— (B) private sector entities, including cor- isting research and development, and accel- The functions described under this sub- porations, partnerships, or individuals; and erate the transition and deployment of tech- section may be carried out through, or in co- (C) other nongovernmental entities, in- nologies that will serve to enhance homeland ordination with, or through an entity estab- cluding universities, federally funded re- defense; lished by the Secretary and modeled after, search and development centers, and other (B) identify, fund, develop, and transition the Technical Support Working Group (orga- academic or research institutions. high-risk, high-payoff homeland security re- nized under the April, 1982, National Secu- (4) AUTHORIZATION OF APPROPRIATIONS.— search and development opportunities that— rity Decision Directive Numbered 30) that There are authorized to be appropriated (i) may lie outside the purview or capabili- provides an interagency forum to coordinate $200,000,000 for the Fund for fiscal year 2003, ties of the existing Federal agencies; and research and development of technologies for and such sums as are necessary in subse- (ii) emphasize revolutionary rather than combating terrorism. quent fiscal years. evolutionary or incremental advances; (i) OFFICE OF LABORATORY RESEARCH.—

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(1) ESTABLISHMENT.—There is established work as if such sites were federally funded curity countermeasures for biological, chem- an Office of Laboratory Research within the research and development centers and the ical, and radiological weapons. Directorate of Science and Technology. work were performed under a multiple agen- (2) TIMEFRAME.—The strategy and plan (2) RESEARCH AND DEVELOPMENT FUNCTIONS cy sponsorship arrangement with the De- under this subsection, together with rec- TRANSFERRED.—There shall be transferred to partment. ommendations for the enactment of sup- the Department, to be administered by the (C) PRIMARY SPONSOR.—The Department of porting or enabling legislation, shall be sub- Under Secretary, the functions, personnel, Energy shall be the primary sponsor under a mitted to the Congress within 270 days after assets, and liabilities of the following pro- multiple agency sponsorship arrangement the date of enactment of this Act. grams and activities: entered into under subparagraph (A) or (B). (3) COORDINATION.—In developing the strat- (A) Within the Department of Energy (but (D) CONDITIONS.—A joint sponsorship ar- egy and plan under this subsection, the Sec- not including programs and activities relat- rangement under this subsection shall— retary shall consult with— ing to the strategic nuclear defense posture (i) provide for the direct funding and man- (A) other agencies with expertise in re- of the United States) the following: agement by the Department of the work search, development, and production of coun- (i) The chemical and biological national se- being carried out on behalf of the Depart- termeasures; curity and supporting programs and activi- ment; and (B) private, for-profit entities and entre- ties supporting domestic response of the non- (ii) include procedures for addressing the preneurs with appropriate expertise and proliferation and verification research and coordination of resources and tasks to mini- technology regarding countermeasures; development program. mize conflicts between work undertaken on (C) investors that fund such entities; (ii) The nuclear smuggling programs and behalf of either Department. (D) nonprofit research universities and in- activities, and other programs and activities (E) LEAD AGENT AND FEDERAL ACQUISITION stitutions; directly related to homeland security, within REGULATION.— (E) public health and other interested pri- the proliferation detection program of the (i) LEAD AGENT.—The Secretary of Energy vate sector and government entities; and nonproliferation and verification research shall act as the lead agent in coordinating (F) governments allied with the United and development program, except that the the formation and performance of a joint programs and activities described in this sponsorship agreement between the Depart- States in the war on terrorism. clause may be designated by the President ment and a Department of Energy national (4) PURPOSE.—The strategy and plan under either for transfer to the Department or for laboratory or site for work on homeland se- this subsection shall evaluate proposals to joint operation by the Secretary and the curity. assure that— Secretary of Energy. (ii) COMPLIANCE WITH FEDERAL ACQUISITION (A) research on countermeasures by non- (iii) The nuclear assessment program and REGULATION.—Any work performed by a na- Federal entities leads to the expeditious de- activities of the assessment, detection, and tional laboratory or site under this section velopment and production of counter- cooperation program of the international shall comply with the policy on the use of measures that may be procured and deployed materials protection and cooperation pro- federally funded research and development in the homeland security interests of the gram. centers under section 35.017 of the Federal United States; (iv) The Environmental Measurements Acquisition Regulation. (B) capital is available to fund the ex- Laboratory. (F) FUNDING.—The Department shall pro- penses associated with such research, devel- (B) Within the Department of Defense, the vide funds for work at the Department of En- opment, and production, including Govern- National Bio-Weapons Defense Analysis Cen- ergy national laboratories or sites, as the ment grants and contracts and appropriate ter established under section 161. case may be, under this section under the capital formation tax incentives that apply (3) RESPONSIBILITIES.—The Office of Lab- same terms and conditions as apply to the to non-Federal entities with and without tax oratory Research shall— primary sponsor of such national laboratory liability; (A) supervise the activities of the entities under section 303(b)(1)(C) of the Federal (C) the terms for procurement of such transferred under this subsection; Property and Administrative Services Act of countermeasures are defined in advance so (B) administer the disbursement and un- 1949 (41 U.S.C. 253 (b)(1)(C)) or of such site to that such entities may accurately and reli- dertake oversight of research and develop- the extent such section applies to such site ably assess the potential countermeasures ment funds transferred from the Department as a federally funded research and develop- market and the potential rate of return; to other agencies outside of the Department, ment center by reason of subparagraph (B). (D) appropriate intellectual property, risk including funds transferred to the Depart- (3) OTHER ARRANGEMENTS.—The Office for protection, and Government approval stand- ment of Health and Human Services con- National Laboratories may enter into other ards are applicable to such countermeasures; sistent with subsection (c)(3)(E); arrangements with Department of Energy (E) Government-funded research is con- (C) establish and direct new research and national laboratories or sites to carry out ducted and prioritized so that such research development facilities as the Secretary de- work to support the missions of the Depart- complements, and does not unnecessarily du- termines appropriate; ment under applicable law, except that the plicate, research by non-Federal entities and (D) include a science advisor to the Under Department of Energy may not charge or that such Government-funded research is Secretary on research priorities related to apply administrative fees for work on behalf made available, transferred, and licensed on biological and chemical weapons, with sup- of the Department. commercially reasonable terms to such enti- porting scientific staff, who shall advise on (4) TECHNOLOGY TRANSFER.—The Office for ties for development; and and support research priorities with respect National Laboratories may exercise the au- (F) universities and research institutions to— thorities in section 12 of the Stevenson- play a vital role as partners in research and (i) research on countermeasures for bio- Wydler Technology Innovation Act of 1980 (15 development and technology transfer, with logical weapons, including research on the U.S.C. 3710a) to permit the Director of a De- appropriate progress benchmarks for such development of drugs, devices, and biologics; partment of Energy national laboratory to activities, with for-profit entities. and enter into cooperative research and develop- (5) REPORTING.—The Secretary shall report (ii) research on biological and chemical ment agreements, or to negotiate licensing periodically to the Congress on the status of threat agents; and agreements, pertaining to work supported by non-Federal entity countermeasure research, (E) other appropriate activities as directed the Department at the Department of En- development, and production, and submit ad- by the Under Secretary. ergy national laboratory. ditional recommendations for legislation as (j) OFFICE FOR NATIONAL LABORATORIES.— (5) ASSISTANCE IN ESTABLISHING DEPART- needed. (1) ESTABLISHMENT.—There is established MENT.—At the request of the Under Sec- within the Directorate of Science and Tech- retary, the Department of Energy shall pro- (l) CLASSIFICATION OF RESEARCH.— nology an Office for National Laboratories, vide for the temporary appointment or as- (1) IN GENERAL.—To the greatest extent which shall be responsible for the coordina- signment of employees of Department of En- practicable, research conducted or supported tion and utilization of the Department of En- ergy national laboratories or sites to the De- by the Department shall be unclassified. ergy national laboratories and sites in a partment for purposes of assisting in the es- (2) CLASSIFICATION AND REVIEW.—The Under manner to create a networked laboratory tablishment or organization of the technical Secretary shall— system for the purpose of supporting the programs of the Department through an (A)(i) decide whether classification is ap- missions of the Department. agreement that includes provisions for mini- propriate before the award of a research (2) JOINT SPONSORSHIP ARRANGEMENTS.— mizing conflicts between work assignments grant, contract, cooperative agreement, or (A) NATIONAL LABORATORIES.—The Depart- of such personnel. other transaction by the Department; and ment may be a joint sponsor, under a mul- (k) STRATEGY FOR COUNTERMEASURE RE- (ii) if the decision under clause (i) is one of tiple agency sponsorship arrangement with SEARCH.— classification, control the research results the Department of Energy, of 1 or more De- (1) IN GENERAL.—The Secretary, acting through standard classification procedures; partment of Energy national laboratories in through the Under Secretary for Science and and the performance of work on behalf of the De- Technology, shall develop a comprehensive, (B) periodically review all classified re- partment. long-term strategy and plan for engaging search grants, contracts, cooperative agree- (B) DEPARTMENT OF ENERGY SITE.—The De- non-Federal entities, particularly including ments, and other transactions issued by the partment may be a joint sponsor of Depart- private, for-profit entities, in the research, Department to determine whether classifica- ment of Energy sites in the performance of development, and production of homeland se- tion is still necessary.

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(3) RESTRICTIONS.—No restrictions shall be (i) serve as the Homeland Security Liaison (H) a representative of the Directorate of placed upon the conduct or reporting of fed- Officer in that State; and Immigration Affairs of the Department; erally funded fundamental research that has (ii) provide coordination between the De- (I) a representative of the Transportation not received national security classification, partment and State and local first respond- Security Agency of the Department; except as provided under applicable provi- ers, including— (J) a representative of the Federal Bureau sions of law. (I) law enforcement agencies; of Investigation of the Department of Jus- (m) OFFICE OF SCIENCE AND TECHNOLOGY (II) fire and rescue agencies; tice; and POLICY.—The National Science and Tech- (III) medical providers; (K) representatives of any other Federal nology Policy, Organization, and Priorities (IV) emergency service providers; and agency identified by the President as having Act is amended— (V) relief agencies. a significant role in the purposes of the (1) in section 204(b)(1) (42 U.S.C. 6613(b)(1)), (B) DUTIES.—Each Homeland Security Li- Interagency Committee on First Responders. by inserting ‘‘homeland security,’’ after ‘‘na- aison Officer designated under subparagraph (3) ADMINISTRATION.—The Department tional security,’’; and (A) shall— shall provide administrative support to the (2) in section 208(a)(1) (42 U.S.C. 6617(a)(1)), (i) ensure coordination between the De- Interagency Committee on First Responders by inserting ‘‘the National Office for Com- partment and— and the Advisory Council, which shall in- bating Terrorism,’’ after ‘‘National Security (I) State, local, and community-based law clude— Council,’’. enforcement; (A) scheduling meetings; SEC. 136. DIRECTORATE OF IMMIGRATION AF- (II) fire and rescue agencies; and (B) preparing agenda; FAIRS. (III) medical and emergency relief organi- (C) maintaining minutes and records; The Directorate of Immigration Affairs zations; (D) producing reports; and shall be established and shall carry out all (ii) identify State and local areas requiring (E) reimbursing Advisory Council mem- functions of that Directorate in accordance additional information, training, resources, bers. with division B of this Act. and security; (4) LEADERSHIP.—The members of the (iii) provide training, information, and Interagency Committee on First Responders SEC. 137. OFFICE FOR STATE AND LOCAL GOV- education regarding homeland security for ERNMENT COORDINATION. shall select annually a chairperson. State and local entities; (5) MEETINGS.—The Interagency Com- (a) ESTABLISHMENT.—There is established (iv) identify homeland security functions within the Office of the Secretary the Office mittee on First Responders shall meet— in which the Federal role is duplicative of (A) at the call of the Chief Homeland Secu- for State and Local Government Coordina- the State or local role, and recommend ways tion, to oversee and coordinate departmental rity Liaison Officer of the Department; or to decrease or eliminate inefficiencies; (B) not less frequently than once every 3 programs for and relationships with State (v) assist State and local entities in pri- and local governments. months. ority setting based on discovered needs of (e) ADVISORY COUNCIL FOR THE FEDERAL (b) RESPONSIBILITIES.—The Office estab- first responder organizations, including law INTERAGENCY COMMITTEE ON FIRST RESPOND- lished under subsection (a) shall— enforcement agencies, fire and rescue agen- ERS.— (1) coordinate the activities of the Depart- cies, medical providers, emergency service ment relating to State and local govern- (1) ESTABLISHMENT.—There is established providers, and relief agencies; an Advisory Council for the Federal Inter- ment; (vi) assist the Department to identify and (2) assess, and advocate for, the resources agency Committee on First Responders (in implement State and local homeland secu- this section referred to as the ‘‘Advisory needed by State and local government to im- rity objectives in an efficient and productive Council’’). plement the national strategy for combating manner; and (2) MEMBERSHIP.— terrorism; (vii) serve as a liaison to the Department (A) IN GENERAL.—The Advisory Council (3) provide State and local government in representing State and local priorities and shall be composed of not more than 13 mem- with regular information, research, and tech- concerns regarding homeland security. bers, selected by the Interagency Committee nical support to assist local efforts at secur- (d) FEDERAL INTERAGENCY COMMITTEE ON on First Responders. ing the homeland; and FIRST RESPONDERS.— EPRESENTATION (4) develop a process for receiving mean- (1) IN GENERAL.—There is established an (B) R .—The Interagency ingful input from State and local govern- Interagency Committee on First Responders, Committee on First Responders shall ensure ment to assist the development of the na- that shall— that the membership of the Advisory Council tional strategy for combating terrorism and (A) ensure coordination among the Federal represents— other homeland security activities. agencies involved with— (i) the law enforcement community; (c) HOMELAND SECURITY LIAISON OFFI- (i) State, local, and community-based law (ii) fire and rescue organizations; CERS.— enforcement; (iii) medical and emergency relief services; (1) CHIEF HOMELAND SECURITY LIAISON OFFI- (ii) fire and rescue operations; and and CER.— (iii) medical and emergency relief services; (iv) both urban and rural communities. (A) APPOINTMENT.—The Secretary shall ap- (B) identify community-based law enforce- (3) CHAIRPERSON.—The Advisory Council point a Chief Homeland Security Liaison Of- ment, fire and rescue, and medical and emer- shall select annually a chairperson from ficer to coordinate the activities of the gency relief services needs; among its members. Homeland Security Liaison Officers, des- (C) recommend new or expanded grant pro- (4) COMPENSATION OF MEMBERS.—The mem- ignated under paragraph (2). grams to improve community-based law en- bers of the Advisory Council shall serve (B) ANNUAL REPORT.—The Chief Homeland forcement, fire and rescue, and medical and without compensation, but shall be eligible Security Liaison Officer shall prepare an an- emergency relief services; for reimbursement of necessary expenses nual report, that contains— (D) identify ways to streamline the process connected with their service to the Advisory (i) a description of the State and local pri- through which Federal agencies support Council. orities in each of the 50 States based on dis- community-based law enforcement, fire and (5) MEETINGS.—The Advisory Council shall covered needs of first responder organiza- rescue, and medical and emergency relief meet with the Interagency Committee on tions, including law enforcement agencies, services; and First Responders not less frequently than fire and rescue agencies, medical providers, (E) assist in priority setting based on dis- once every 3 months. emergency service providers, and relief agen- covered needs. SEC. 138. UNITED STATES SECRET SERVICE. cies; (2) MEMBERSHIP.—The Interagency Com- There are transferred to the Department (ii) a needs assessment that identifies mittee on First Responders shall be com- the authorities, functions, personnel, and as- homeland security functions in which the posed of— sets of the United States Secret Service, Federal role is duplicative of the State or (A) the Chief Homeland Security Liaison which shall be maintained as a distinct enti- local role, and recommendations to decrease Officer of the Department; ty within the Department. or eliminate inefficiencies between the Fed- (B) a representative of the Health Re- SEC. 139. BORDER COORDINATION WORKING eral Government and State and local enti- sources and Services Administration of the GROUP. ties; Department of Health and Human Services; (a) DEFINITIONS.—In this section: (iii) recommendations to Congress regard- (C) a representative of the Centers for Dis- (1) BORDER SECURITY FUNCTIONS.—The term ing the creation, expansion, or elimination ease Control and Prevention of the Depart- ‘‘border security functions’’ means the secur- of any program to assist State and local en- ment of Health and Human Services; ing of the borders, territorial waters, ports, tities to carry out their respective functions (D) a representative of the Federal Emer- terminals, waterways, and air, land, and sea under the Department; and gency Management Agency of the Depart- transportation systems of the United States. (iv) proposals to increase the coordination ment; (2) RELEVANT AGENCIES.—The term ‘‘rel- of Department priorities within each State (E) a representative of the United States evant agencies’’ means any department or and between the States. Coast Guard of the Department; agency of the United States that the Presi- (2) HOMELAND SECURITY LIAISON OFFICERS.— (F) a representative of the Department of dent determines to be relevant to performing (A) DESIGNATION.—The Secretary shall des- Defense; border security functions. ignate in each State not less than 1 em- (G) a representative of the Office of Domes- (b) ESTABLISHMENT.—The Secretary shall ployee of the Department to— tic Preparedness of the Department; establish a border security working group (in

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00162 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 1, 2002 CONGRESSIONAL RECORD — SENATE S7979 this section referred to as the ‘‘Working websites, a telephone number, and staff, ical weapons that are weapons of mass de- Group’’), composed of the Secretary or the through which information shall be made struction (as defined under section 1403 of designee of the Secretary, the Under Sec- available on— the Defense Against Weapons of Mass De- retary for Border and Transportation Protec- (A) ways in which States, political subdivi- struction Act of 1996 (50 U.S.C. 2302(1))) and tion, and the Under Secretary for Immigra- sions, and private entities can access Federal conduct research and analysis concerning tion Affairs. grants; such weapons. (c) FUNCTIONS.—The Working Group shall (B) emergency preparedness education and SEC. 162. REVIEW OF FOOD SAFETY. meet not less frequently than once every 3 awareness tools that businesses, schools, and (a) REVIEW OF FOOD SAFETY LAWS AND months and shall— the general public can use; and FOOD SAFETY ORGANIZATIONAL STRUCTURE.— (1) with respect to border security func- (C) other information as appropriate. The Secretary shall enter into an agreement tions, develop coordinated budget requests, (3) PUBLIC AWARENESS CAMPAIGN.—The with and provide funding to the National allocations of appropriations, staffing re- Clearinghouse shall develop a public aware- Academy of Sciences to conduct a detailed, quirements, communication, use of equip- ness campaign. The campaign shall be ongo- comprehensive study which shall— ment, transportation, facilities, and other ing, and shall include an annual theme to be (1) review all Federal statutes and regula- infrastructure; implemented during the National Emergency tions affecting the safety and security of the (2) coordinate joint and cross-training pro- Preparedness Week established under section food supply to determine the effectiveness of grams for personnel performing border secu- 154. The Clearinghouse shall work with heads the statutes and regulations at protecting rity functions; of agencies to coordinate public service an- the food supply from deliberate contamina- (3) monitor, evaluate and make improve- nouncements and other information-sharing tion; and ments in the coverage and geographic dis- tools utilizing a wide range of media. (2) review the organizational structure of tribution of border security programs and (4) BEST PRACTICES INFORMATION.—The Federal food safety oversight to determine personnel; Clearinghouse shall compile and disseminate the efficiency and effectiveness of the orga- (4) develop and implement policies and information on best practices for emergency nizational structure at protecting the food technologies to ensure the speedy, orderly, preparedness identified by the Secretary and supply from deliberate contamination. and efficient flow of lawful traffic, travel and the heads of other agencies. (b) REPORT.— commerce, and enhanced scrutiny for high- SEC. 153. PILOT PROGRAM. (1) IN GENERAL.—Not later than 1 year after risk traffic, travel, and commerce; and (a) EMERGENCY PREPAREDNESS ENHANCE- the date of enactment of this Act, the Na- (5) identify systemic problems in coordina- MENT PILOT PROGRAM.—The Department tional Academy of Sciences shall prepare tion encountered by border security agencies shall award grants to private entities to pay and submit to the President, the Secretary, and programs and propose administrative, for the Federal share of the cost of improv- and Congress a comprehensive report con- regulatory, or statutory changes to mitigate ing emergency preparedness, and educating taining— such problems. employees and other individuals using the (A) the findings and conclusions derived (d) RELEVANT AGENCIES.—The Secretary entities’ facilities about emergency pre- from the reviews conducted under subsection shall consult representatives of relevant paredness. (a); and agencies with respect to deliberations under (b) USE OF FUNDS.—An entity that receives (B) specific recommendations for improv- subsection (c), and may include representa- a grant under this subsection may use the ing— tives of such agencies in Working Group de- funds made available through the grant to— (i) the effectiveness and efficiency of Fed- liberations, as appropriate. (1) develop evacuation plans and drills; eral food safety and security statutes and SEC. 140. EXECUTIVE SCHEDULE POSITIONS. (2) plan additional or improved security regulations; and Section 5314 of title 5, United States Code, measures, with an emphasis on innovative (ii) the organizational structure of Federal is amended by adding at the end the fol- technologies or practices; food safety oversight. lowing: (3) deploy innovative emergency prepared- (2) CONTENTS.—In conjunction with the rec- ‘‘Under Secretary for Border and Transpor- ness technologies; or ommendations under paragraph (1), the re- tation, Department of Homeland Security. (4) educate employees and customers about port under paragraph (1) shall address— ‘‘Under Secretary for Critical Infrastruc- the development and planning activities de- (A) the effectiveness with which Federal ture Protection, Department of Homeland scribed in paragraphs (1) and (2) in innova- food safety statutes and regulations protect Security. tive ways. public health and ensure the food supply re- ‘‘Under Secretary for Emergency Prepared- (c) FEDERAL SHARE.—The Federal share of mains free from contamination; ness and Response, Department of Homeland the cost described in subsection (a) shall be (B) the shortfalls, redundancies, and incon- Security. 50 percent, up to a maximum of $250,000 per sistencies in Federal food safety statutes and ‘‘Under Secretary for Immigration, Depart- grant recipient. regulations; ment of Homeland Security. (d) AUTHORIZATION OF APPROPRIATIONS.— (C) the application of resources among ‘‘Under Secretary for Intelligence, Depart- There are authorized to be appropriated Federal food safety oversight agencies; ment of Homeland Security. $5,000,000 for each of fiscal years 2003 through (D) the effectiveness and efficiency of the ‘‘Under Secretary for Science and Tech- 2005 to carry out this section. organizational structure of Federal food nology, Department of Homeland Security.’’. SEC. 154. DESIGNATION OF NATIONAL EMER- safety oversight; Subtitle C—National Emergency GENCY PREPAREDNESS WEEK. (E) the shortfalls, redundancies, and incon- Preparedness Enhancement (a) NATIONAL WEEK.— sistencies of the organizational structure of SEC. 151. SHORT TITLE. (1) DESIGNATION.—Each week that includes Federal food safety oversight; and This subtitle may be cited as the ‘‘Na- September 11 is ‘‘National Emergency Pre- (F) the merits of a unified, central organi- tional Emergency Preparedness Enhance- paredness Week’’. zational structure of Federal food safety ment Act of 2002’’. (2) PROCLAMATION.—The President is re- oversight. quested every year to issue a proclamation SEC. 152. PREPAREDNESS INFORMATION AND (c) RESPONSE OF THE SECRETARY.—Not EDUCATION. calling on the people of the United States later than 90 days after the date on which (including State and local governments and (a) ESTABLISHMENT OF CLEARINGHOUSE.— the report under this section is submitted to There is established in the Department a Na- the private sector) to observe the week with the Secretary, the Secretary shall provide to tional Clearinghouse on Emergency Pre- appropriate activities and programs. the President and Congress the response of paredness (referred to in this section as the (b) FEDERAL AGENCY ACTIVITIES.—In con- the Department to the recommendations of ‘‘Clearinghouse’’). The Clearinghouse shall junction with National Emergency Prepared- the report and recommendations of the De- be headed by a Director. ness Week, the head of each agency, as ap- partment to further protect the food supply (b) CONSULTATION.—The Clearinghouse propriate, shall coordinate with the Depart- from contamination. ment to inform and educate the private sec- shall consult with such heads of agencies, SEC. 163. EXCHANGE OF EMPLOYEES BETWEEN such task forces appointed by Federal offi- tor and the general public about emergency AGENCIES AND STATE OR LOCAL cers or employees, and such representatives preparedness activities, resources, and tools, GOVERNMENTS. of the private sector, as appropriate, to col- giving a high priority to emergency pre- (a) FINDINGS.—Congress finds that— lect information on emergency preparedness, paredness efforts designed to address ter- (1) information sharing between Federal, including information relevant to the Strat- rorist attacks. State, and local agencies is vital to securing egy. Subtitle D—Miscellaneous Provisions the homeland against terrorist attacks; (c) DUTIES.— SEC. 161. NATIONAL BIO-WEAPONS DEFENSE (2) Federal, State, and local employees (1) DISSEMINATION OF INFORMATION.—The ANALYSIS CENTER. working cooperatively can learn from one Clearinghouse shall ensure efficient dissemi- (a) ESTABLISHMENT.—There is established another and resolve complex issues; nation of accurate emergency preparedness within the Department of Defense a National (3) Federal, State, and local employees information. Bio-Weapons Defense Analysis Center (in have specialized knowledge that should be (2) CENTER.—The Clearinghouse shall es- this section referred to as the ‘‘Center’’). consistently shared between and among tablish a one-stop center for emergency pre- (b) MISSION.—The mission of the Center is agencies at all levels of government; and paredness information, which shall include a to develop countermeasures to potential at- (4) providing training and other support, website, with links to other relevant Federal tacks by terrorists using biological or chem- such as staffing, to the appropriate Federal,

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State, and local agencies can enhance the (b) TECHNICAL AND CONFORMING AMEND- (1) IN GENERAL.—Full disclosure among rel- ability of an agency to analyze and assess MENTS.—Section 42121(b)(2)(B) of title 49, evant agencies shall be made in accordance threats against the homeland, develop appro- United States Code, is amended— with this subsection. priate responses, and inform the United (1) in clause (i), by striking ‘‘paragraphs (1) (2) PUBLIC HEALTH EMERGENCY.—During the States public. through (4) of subsection (a)’’ and inserting period in which the Secretary of Health and (b) EXCHANGE OF EMPLOYEES.— ‘‘subparagraphs (A) through (D) of sub- Human Services has declared the existence (1) IN GENERAL.—The Secretary may pro- section (a)(1)’’; and of a public health emergency under section vide for the exchange of employees of the De- (2) in clause (iii), by striking ‘‘paragraphs 319(a) of the Public Health Service Act (42 partment and State and local agencies in ac- (1) through (4) of subsection (a)’’ and insert- U.S.C. 247d(a)), the Secretary of Health and cordance with subchapter VI of chapter 33 of ing ‘‘subparagraphs (A) through (D) of sub- Human Services shall keep relevant agen- title 5, United States Code. section (a)(1)’’. cies, including the Department of Homeland (2) CONDITIONS.—With respect to exchanges Security, the Department of Justice, and the described under this subsection, the Sec- SEC. 166. BIOTERRORISM PREPAREDNESS AND RESPONSE DIVISION. Federal Bureau of Investigation, fully and retary shall ensure that— currently informed. (A) any assigned employee shall have ap- Section 319D of the Public Health Service (3) POTENTIAL PUBLIC HEALTH EMERGENCY.— propriate training or experience to perform Act (42 U.S.C. 2472–4) is amended— In cases involving, or potentially involving, the work required by the assignment; and (1) by redesignating subsection (c) as sub- a public health emergency, but in which no (B) any assignment occurs under condi- section (d); and determination of an emergency by the Sec- tions that appropriately safeguard classified (2) by inserting after subsection (b), the retary of Health and Human Services under and other sensitive information. following: section 319(a) of the Public Health Service SEC. 164. WHISTLEBLOWER PROTECTION FOR ‘‘(c) BIOTERRORISM PREPAREDNESS AND RE- Act (42 U.S.C. 247d(a)), has been made, all FEDERAL EMPLOYEES WHO ARE SPONSE DIVISION.— relevant agencies, including the Department AIRPORT SECURITY SCREENERS. ‘‘(1) ESTABLISHMENT.—There is established of Homeland Security, the Department of Section 111(d) of the Aviation and Trans- within the Office of the Director of the Cen- Justice, and the Federal Bureau of Investiga- portation Security Act (Public Law 107–71; ters for Disease Control and Prevention a tion, shall keep the Secretary of Health and 115 Stat. 620; 49 U.S.C. 44935 note) is amend- Bioterrorism Preparedness and Response Di- Human Services and the Director of the Cen- ed— vision (in this subsection referred to as the ters for Disease Control and Prevention fully (1) by striking ‘‘(d) SCREENER PERSONNEL.— ‘Division’). and currently informed. Notwithstanding any other provision of ‘‘(2) MISSION.—The Division shall have the SEC. 168. RAIL SECURITY ENHANCEMENTS. law,’’ and inserting the following: following primary missions: (a) IN GENERAL.—There are authorized to ‘‘(d) SCREENER PERSONNEL.— ‘‘(A) To lead and coordinate the activities be appropriated to the Department, for the ‘‘(1) IN GENERAL.—Notwithstanding any and responsibilities of the Centers for Dis- benefit of Amtrak, for the 2-year period be- other provision of law (except as provided ease Control and Prevention with respect to ginning on the date of enactment of this under paragraph (2)),’’; and countering bioterrorism. Act— (2) by adding at the end the following: ‘‘(B) To coordinate and facilitate the inter- (1) $375,000,000 for grants to finance the ‘‘(2) WHISTLEBLOWER PROTECTION.— action of Centers for Disease Control and cost of enhancements to the security and ‘‘(A) DEFINITION.—In this paragraph, the Prevention personnel with personnel from safety of Amtrak rail passenger service; term ‘‘security screener’’ means— the Department of Homeland Security and, (2) $778,000,000 for grants for life safety im- ‘‘(i) any Federal employee hired as a secu- in so doing, serve as a major contact point provements to 6 New York Amtrak tunnels rity screener under subsection (e) of section for 2-way communications between the juris- built in 1910, the Baltimore and Potomac 44935 of title 49, United States Code; or dictions of homeland security and public Amtrak tunnel built in 1872, and the Wash- ‘‘(ii) an applicant for the position of a secu- health. ington, D.C. Union Station Amtrak tunnels rity screener under that subsection. ‘‘(C) To train and employ a cadre of public built in 1904 under the Supreme Court and ‘‘(B) IN GENERAL.—Notwithstanding para- health personnel who are dedicated full-time House and Senate Office Buildings; and graph (1)— to the countering of bioterrorism. (3) $55,000,000 for the emergency repair, and ‘‘(i) section 2302(b)(8) of title 5, United ‘‘(3) RESPONSIBILITIES.—In carrying out the returning to service of Amtrak passenger States Code, shall apply with respect to any mission under paragraph (2), the Division cars and locomotives. security screener; and shall assume the responsibilities of and (b) AVAILABILITY OF FUNDS.—Amounts ap- ‘‘(ii) chapters 12, 23, and 75 of that title budget authority for the Centers for Disease propriated under subsection (a) shall remain shall apply with respect to a security screen- Control and Prevention with respect to the available until expended. er to the extent necessary to implement following programs: (c) COORDINATION WITH EXISTING LAW.— clause (i). ‘‘(A) The Bioterrorism Preparedness and Amounts made available to Amtrak under ‘‘(C) COVERED POSITION.—The President Response Program. this section shall not be considered to be may not exclude the position of security ‘‘(B) The Strategic National Stockpile. Federal assistance for purposes of part C of screener as a covered position under section ‘‘(C) Such other programs and responsibil- subtitle V of title 49, United States Code. 2302(a)(2)(B)(ii) of title 5, United States Code, ities as may be assigned to the Division by SEC. 169. GRANTS FOR FIREFIGHTING PER- to the extent that such exclusion would pre- the Director of the Centers for Disease Con- SONNEL. vent the implementation of subparagraph (B) trol and Prevention. (a) Section 33 of the Federal Fire Preven- tion and Control Act of 1974 (15 U.S.C. 2229) of this paragraph.’’. ‘‘(4) DIRECTOR.—There shall be in the Divi- SEC. 165. WHISTLEBLOWER PROTECTION FOR sion a Director, who shall be appointed by is amended— CERTAIN AIRPORT EMPLOYEES. the Director of the Centers for Disease Con- (1) by redesignating subsections (c), (d), (a) IN GENERAL.—Section 42121(a) of title trol and Prevention, in consultation with the and (e) as subsections (d), (e), and (f), respec- 49, United States Code, is amended— Secretary of Health and Human Services and tively; (1) by striking ‘‘(a) DISCRIMINATION the Secretary of Homeland Security. (2) by inserting after subsection (b) the fol- AGAINST AIRLINE EMPLOYEES.—No air carrier lowing: ‘‘(5) STAFFING.—Under agreements reached ‘‘(c) PERSONNEL GRANTS.— or contractor or subcontractor of an air car- between the Director of the Centers for Dis- ‘‘(1) EXCLUSION.—Grants awarded under rier’’ and inserting the following: ease Control and Prevention and the Sec- ‘‘(a) DISCRIMINATION AGAINST EMPLOYEES.— subsection (b) to hire ‘employees engaged in retary of Homeland Security— ‘‘(1) IN GENERAL.—No air carrier, con- fire protection’, as that term is defined in ‘‘(A) the Division may be staffed, in part, tractor, subcontractor, or employer de- section 3 of the Fair Labor Standards Act (29 by personnel assigned from the Department scribed under paragraph (2)’’; U.S.C. 203), shall not be subject to para- of Homeland Security by the Secretary of (2) by redesignating paragraphs (1) through graphs (10) or (11) of subsection (b). Homeland Security; and (4) as subparagraphs (A) through (D), respec- ‘‘(2) DURATION.—Grants awarded under ‘‘(B) the Director of the Centers for Disease tively; and paragraph (1) shall be for a 3-year period. Control and Prevention may assign some (3) by adding at the end the following: ‘‘(3) MAXIMUM AMOUNT.—The total amount personnel from the Division to the Depart- ‘‘(2) APPLICABLE EMPLOYERS.—Paragraph of grants awarded under paragraph (1) shall ment of Homeland Security.’’. (1) shall apply to— not exceed $100,000 per firefighter, indexed ‘‘(A) an air carrier or contractor or subcon- SEC. 167. COORDINATION WITH THE DEPART- for inflation, over the 3-year grant period. tractor of an air carrier; MENT OF HEALTH AND HUMAN ‘‘(4) FEDERAL SHARE.— SERVICES UNDER THE PUBLIC ‘‘(B) an employer of airport security ‘‘(A) IN GENERAL.—Notwithstanding sub- HEALTH SERVICE ACT. screening personnel, other than the Federal section (b)(6), the Federal share of a grant Government, including a State or municipal (a) IN GENERAL.—The annual Federal re- under paragraph (1) shall not exceed 75 per- government, or an airport authority, or a sponse plan developed by the Secretary cent of the total salary and benefits cost for contractor of such government or airport au- under sections 102(b)(14) and 134(b)(7) shall be additional firefighters hired. thority; or consistent with section 319 of the Public ‘‘(B) WAIVER.—The Director may waive the ‘‘(C) an employer of private screening per- Health Service Act (42 U.S.C. 247d). 25 percent non-Federal match under subpara- sonnel described in section 44919 or 44920 of (b) DISCLOSURES AMONG RELEVANT AGEN- graph (A) for a jurisdiction of 50,000 or fewer this title.’’. CIES.— residents or in cases of extreme hardship.

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‘‘(5) APPLICATION.—In addition to the infor- sultation with the Secretary and acting (b) SERVICES AND PERSONNEL.—During the mation under subsection (b)(5), an applica- under the responsibilities of the Director transition period, upon the request of the tion for a grant under paragraph (1), shall in- under law (including the Clinger-Cohen Act Secretary, the head of any agency (as defined clude— of 1996), shall ensure the implementation of under section 2) may, on a reimbursable ‘‘(A) an explanation for the need for Fed- the enterprise architecture developed under basis, provide services and detail personnel eral assistance; and subsection (a)(1), and shall coordinate, over- to assist with the transition. ‘‘(B) specific plans for obtaining necessary see, and evaluate the management and ac- (c) ACTING OFFICIALS.— support to retain the position following the quisition of information technology by agen- (1) DESIGNATION.—During the transition pe- conclusion of Federal support. cies with responsibility for homeland secu- riod, pending the nomination and advice and ‘‘(6) MAINTENANCE OF EFFORT.—Grants rity to ensure interoperability consistent consent of the Senate to the appointment of awarded under paragraph (1) shall only be with the enterprise architecture developed an officer required by this division to be ap- used to pay the salaries and benefits of addi- under subsection (a)(1). pointed by and with such advice and consent, tional firefighting personnel, and shall not (d) AGENCY COOPERATION.—The head of the President may designate any officer be used to supplant funding allocated for per- each agency with responsibility for home- whose appointment was required to be made sonnel from State and local sources.’’; and land security shall fully cooperate with the by and with such advice and consent, and (3) in subsection (f) (as redesignated by Director of the Office of Management and who continues as such an officer, to act in paragraph (1)), by adding at the end the fol- Budget in the development of a comprehen- such office until the office is filled as pro- lowing: sive enterprise architecture for information vided in this division. ‘‘(3) $1,000,000,000 for each of fiscal years systems and in the management and acquisi- (2) COMPENSATION.—While serving as an 2003 and 2004, to be used only for grants tion of information technology consistent acting officer under paragraph (1), the officer under subsection (c).’’. with the comprehensive enterprise architec- shall receive compensation at the higher of ture developed under subsection (a)(1). SEC. 170. REVIEW OF TRANSPORTATION SECU- the rate provided— (e) CONTENT.—The enterprise architecture RITY ENHANCEMENTS. (A) under this division for the office in developed under subsection (a)(1), and the in- (a) REVIEW OF TRANSPORTATION which that officer acts; or formation systems managed and acquired VULNERABILITIES AND FEDERAL TRANSPOR- (B) for the office held at the time of des- under the enterprise architecture, shall pos- TATION SECURITY EFFORTS.—The Comptroller ignation. sess the characteristics of— General shall conduct a detailed, comprehen- (3) PERIOD OF SERVICE.—The person serving (1) rapid deployment; sive study which shall— as an acting officer under paragraph (1) may (2) a highly secure environment, providing (1) review all available intelligence on ter- serve in the office for the periods described data access only to authorized users; and rorist threats against aviation, seaport, rail under section 3346 of title 5, United States (3) the capability for continuous system and transit facilities; Code, as if the office became vacant on the upgrades to benefit from advances in tech- (2) review all available information on effective date of this division. nology while preserving the integrity of vulnerabilities at aviation, seaport, rail and (d) EXCEPTION TO ADVICE AND CONSENT RE- transit facilities; and stored data. (f) UPDATED VERSIONS.—The Director of QUIREMENT.—Nothing in this Act shall be (3) review the steps taken by agencies since the Office of Management and Budget, in construed to require the advice and consent September 11, 2001, to improve aviation, sea- consultation with the Secretary, shall over- of the Senate to the appointment by the port, rail, and transit security to determine see and ensure the development of updated President to a position in the Department of their effectiveness at protecting passengers versions of the enterprise architecture and any officer— and transportation infrastructure from ter- plan developed under subsection (a), as nec- (1) whose agency is transferred to the De- rorist attack. essary. partment under this Act; (b) REPORT.—Not later than 1 year after (g) REPORT.—The Director of the Office of (2) whose appointment was by and with the the date of enactment of this Act, the Comp- Management and Budget, in consultation advice and consent of the Senate; troller General shall prepare and submit to with the Secretary, shall annually report to (3) who is proposed to serve in a direc- Congress and the Secretary a comprehensive Congress on the development and implemen- torate or office of the Department that is report containing— tation of the enterprise architecture and similar to the transferred agency in which (1) the findings and conclusions from the plan referred to under subsection (a). the officer served; and reviews conducted under subsection (a); and (h) CONSULTATION.—The Director of the Of- (4) whose authority and responsibilities (2) proposed steps to improve any defi- fice of Management and Budget shall consult following such transfer would be equivalent ciencies found in aviation, seaport, rail, and with information systems management ex- to those performed prior to such transfer. transit security including, to the extent pos- perts in the public and private sectors, in the SEC. 184. INCIDENTAL TRANSFERS AND TRANS- sible, the cost of implementing the steps. development and implementation of the en- FER OF RELATED FUNCTIONS. (c) RESPONSE OF THE SECRETARY.—Not terprise architecture and plan referred to later than 90 days after the date on which (a) INCIDENTAL TRANSFERS.—The Director under subsection (a). of the Office of Management and Budget, in the report under this section is submitted to (i) PRINCIPAL OFFICER.—The Director of the the Secretary, the Secretary shall provide to consultation with the Secretary, shall make Office of Management and Budget shall des- such additional incidental dispositions of the President and Congress— ignate, with the approval of the President, a (1) the response of the Department to the personnel, assets, and liabilities held, used, principal officer in the Office of Management arising from, available, or to be made avail- recommendations of the report; and and Budget whose primary responsibility (2) recommendations of the Department to able, in connection with the functions trans- shall be to carry out the duties of the Direc- ferred by this title, as the Director deter- further protect passengers and transpor- tor under this section. tation infrastructure from terrorist attack. mines necessary to accomplish the purposes Subtitle E—Transition Provisions of this title. SEC. 171. INTEROPERABILITY OF INFORMATION SYSTEMS. SEC. 181. DEFINITIONS. (b) ADJUDICATORY OR REVIEW FUNCTIONS.— (a) IN GENERAL.—The Director of the Office In this subtitle: (1) IN GENERAL.—At the time an agency is of Management and Budget, in consultation (1) AGENCY.—The term ‘‘agency’’ includes transferred to the Department, the President with the Secretary and affected entities, any entity, organizational unit, or function may also transfer to the Department any shall develop— transferred or to be transferred under this agency established to carry out or support (1) a comprehensive enterprise architec- title. adjudicatory or review functions in relation ture for information systems, including com- (2) TRANSITION PERIOD.—The term ‘‘transi- to the transferred agency. munications systems, to achieve interoper- tion period’’ means the 1-year period begin- (2) EXCEPTION.—The President may not ability between and among information sys- ning on the effective date of this division. transfer the Executive Office of Immigration tems of agencies with responsibility for SEC. 182. TRANSFER OF AGENCIES. Review of the Department of Justice under homeland security; and The transfer of an agency to the Depart- this subsection. (2) a plan to achieve interoperability be- ment, as authorized by this title, shall occur (c) TRANSFER OF RELATED FUNCTIONS.—The tween and among information systems, in- when the President so directs, but in no transfer, under this title, of an agency that cluding communications systems, of agen- event later than the end of the transition pe- is a subdivision of a department before such cies with responsibility for homeland secu- riod. transfer shall include the transfer to the rity and those of State and local agencies SEC. 183. TRANSITIONAL AUTHORITIES. Secretary of any function relating to such with responsibility for homeland security. (a) PROVISION OF ASSISTANCE BY OFFI- agency that, on the date before the transfer, (b) TIMETABLES.—The Director of the Of- CIALS.—Until an agency is transferred to the was exercised by the head of the department fice of Management and Budget, in consulta- Department, any official having authority from which such agency is transferred. tion with the Secretary and affected entities, over, or functions relating to, the agency im- (d) REFERENCES.—A reference in any other shall establish timetables for development mediately before the effective date of this di- Federal law, Executive order, rule, regula- and implementation of the enterprise archi- vision shall provide to the Secretary such as- tion, delegation of authority, or other docu- tecture and plan referred to in subsection sistance, including the use of personnel and ment pertaining to an agency transferred (a). assets, as the Secretary may reasonably re- under this title that refers to the head of the (c) IMPLEMENTATION.—The Director of the quest in preparing for the transfer and inte- department from which such agency is trans- Office of Management and Budget, in con- gration of the agency into the Department. ferred is deemed to refer to the Secretary.

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00165 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7982 CONGRESSIONAL RECORD — SENATE August 1, 2002 SEC. 185. IMPLEMENTATION PROGRESS REPORTS (ii) the past and anticipated future record Secretary for appropriate allocation, subject AND LEGISLATIVE RECOMMENDA- of the Department with respect to recruit- to the approval of the Director of the Office TIONS. ment and retention of personnel; of Management and Budget and to section (a) IN GENERAL.—In consultation with the (iii) plans or progress reports on the utili- 1531 of title 31, United States Code. Unex- President and in accordance with this sec- zation by the Department of existing per- pended funds transferred under this sub- tion, the Secretary shall prepare implemen- sonnel flexibility, provided by law or section shall be used only for the purposes tation progress reports and submit such re- through regulations of the President and the for which the funds were originally author- ports to— Office of Personnel Management, to achieve ized and appropriated. (1) the President of the Senate and the the human capital needs of the Department; SEC. 187. SAVINGS PROVISIONS. Speaker of the House of Representatives for (iv) any inequitable disparities in pay or (a) CONTINUING EFFECT OF LEGAL DOCU- referral to the appropriate committees; and other terms and conditions of employment MENTS.—All orders, determinations, rules, (2) the Comptroller General of the United among employees within the Department re- regulations, permits, agreements, grants, States. sulting from the consolidation under this di- contracts, recognitions of labor organiza- (b) REPORT FREQUENCY.— vision of functions, entities, and personnel tions, collective bargaining agreements, cer- (1) INITIAL REPORT.—As soon as practicable, previously covered by disparate personnel tificates, licenses, registrations, privileges, and not later than 6 months after the date of systems; and and other administrative actions— enactment of this Act, the Secretary shall (v) efforts to address the disparities under (1) which have been issued, made, granted, submit the first implementation progress re- clause (iv) using existing personnel flexi- or allowed to become effective by the Presi- port. bility; dent, any Federal agency or official thereof, (2) SEMIANNUAL REPORTS.—Following the (C) with respect to information tech- or by a court of competent jurisdiction, in submission of the report under paragraph (1), nology— the performance of functions which are the Secretary shall submit additional imple- (i) an assessment of the existing and transferred under this title; and mentation progress reports not less fre- planned information systems of the Depart- (2) which are in effect at the time this divi- quently than once every 6 months until all ment; and sion takes effect, or were final before the ef- transfers to the Department under this title (ii) a report on the development and imple- fective date of this division and are to behave been completed. mentation of enterprise architecture and of come effective on or after the effective date (3) FINAL REPORT.—Not later than 6 months the plan to achieve interoperability; of this division, after all transfers to the Department under (D) with respect to programmatic imple- shall, to the extent related to such func- this title have been completed, the Secretary mentation— tions, continue in effect according to their shall submit a final implementation progress (i) the progress in implementing the pro- terms until modified, terminated, super- report. grammatic responsibilities of this division; seded, set aside, or revoked in accordance (c) CONTENTS.— (ii) the progress in implementing the mis- with law by the President, the Secretary or (1) IN GENERAL.—Each implementation sion of each entity, organizational unit, and other authorized official, or a court of com- progress report shall report on the progress function transferred to the Department; petent jurisdiction, or by operation of law. made in implementing titles I, II, III, and XI, (iii) recommendations of any other govern- (b) PROCEEDINGS NOT AFFECTED.—The pro- including fulfillment of the functions trans- mental entities, organizational units, or visions of this title shall not affect any pro- ferred under this Act, and shall include all of functions that need to be incorporated into ceedings, including notices of proposed rule- the information specified under paragraph the Department in order for the Department making, or any application for any license, (2) that the Secretary has gathered as of the to function effectively; and permit, certificate, or financial assistance date of submission. Information contained in (iv) recommendations of any entities, orga- pending before an agency at the time this an earlier report may be referenced, rather nizational units, or functions not related to title takes effect, with respect to functions than set out in full, in a subsequent report. homeland security transferred to the Depart- transferred by this title but such proceedings The final implementation progress report ment that need to be transferred from the and applications shall continue. Orders shall shall include any required information not Department or terminated for the Depart- be issued in such proceedings, appeals shall yet provided. ment to function effectively. be taken therefrom, and payments shall be (2) SPECIFICATIONS.—Each implementation (d) LEGISLATIVE RECOMMENDATIONS.— made pursuant to such orders, as if this title progress report shall contain, to the extent (1) INCLUSION IN REPORT.—The Secretary, had not been enacted, and orders issued in available— after consultation with the appropriate com- any such proceedings shall continue in effect (A) with respect to the transfer and incor- mittees of Congress, shall include in the re- until modified, terminated, superseded, or poration of entities, organizational units, port under this section, recommendations for revoked by a duly authorized official, by a and functions— legislation that the Secretary determines is court of competent jurisdiction, or by oper- (i) the actions needed to transfer and in- necessary to— ation of law. Nothing in this subsection shall corporate entities, organizational units, and (A) facilitate the integration of transferred be deemed to prohibit the discontinuance or functions into the Department; entities, organizational units, and functions modification of any such proceeding under (ii) a projected schedule, with milestones, into the Department; the same terms and conditions and to the for completing the various phases of the (B) reorganize agencies, executive posi- same extent that such proceeding could have transition; tions, and the assignment of functions with- been discontinued or modified if this title (iii) a progress report on taking those ac- in the Department; had not been enacted. tions and meeting the schedule; (C) address any inequitable disparities in (c) SUITS NOT AFFECTED.—The provisions (iv) the organizational structure of the De- pay or other terms and conditions of employ- of this title shall not affect suits commenced partment, including a listing of the respec- ment among employees within the Depart- before the effective date of this division, and tive directorates, the field offices of the De- ment resulting from the consolidation of in all such suits, proceedings shall be had, partment, and the executive positions that agencies, functions, and personnel previously appeals taken, and judgments rendered in will be filled by political appointees or ca- covered by disparate personnel systems; the same manner and with the same effect as reer executives; (D) enable the Secretary to engage in pro- if this title had not been enacted. (v) the location of Department head- curement essential to the mission of the De- (d) NONABATEMENT OF ACTIONS.—No suit, quarters, including a timeframe for relo- partment; action, or other proceeding commenced by or cating to the new location, an estimate of (E) otherwise help further the mission of against an agency, or by or against any indi- cost for the relocation, and information the Department; and vidual in the official capacity of such indi- about which elements of the various agencies (F) make technical and conforming amend- vidual as an officer of an agency, shall abate will be located at headquarters; ments to existing law to reflect the changes by reason of the enactment of this title. (vi) unexpended funds and assets, liabil- made by titles I, II, III, and XI. (e) ADMINISTRATIVE ACTIONS RELATING TO ities, and personnel that will be transferred, (2) SEPARATE SUBMISSION OF PROPOSED LEG- PROMULGATION OF REGULATIONS.—Any ad- and the proposed allocations and disposition ISLATION.—The Secretary may submit the ministrative action relating to the prepara- within the Department; and proposed legislation under paragraph (1) to tion or promulgation of a regulation by an (vii) the costs of implementing the transi- Congress before submitting the balance of agency relating to a function transferred tion; the report under this section. under this title may be continued by the De- (B) with respect to human capital plan- SEC. 186. TRANSFER AND ALLOCATION. partment with the same effect as if this title ning— Except as otherwise provided in this title, had not been enacted. (i) a description of the workforce planning the personnel employed in connection with, (f) EMPLOYMENT AND PERSONNEL.— undertaken for the Department, including and the assets, liabilities, contracts, prop- (1) EMPLOYEE RIGHTS.— the preparation of an inventory of skills and erty, records, and unexpended balance of ap- (A) TRANSFERRED AGENCIES.—The Depart- competencies available to the Department, propriations, authorizations, allocations, ment, or a subdivision of the Department, to identify any gaps, and to plan for the and other funds employed, held, used, arising that includes an entity or organizational training, recruitment, and retention policies from, available to, or to be made available in unit, or subdivision thereof, transferred necessary to attract and retain a workforce connection with the agencies transferred under this Act, or performs functions trans- to meet the needs of the Department; under this title, shall be transferred to the ferred under this Act shall not be excluded

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from coverage of chapter 71 of title 5, United (4) WHISTLEBLOWER PROTECTION.—The Act and only under the conditions and for States Code, as a result of any order issued President may not exclude any position the purposes specified in such appropriations under section 7103(b)(1) of title 5, United transferred to the Department as a covered Act. States Code, after July 19, 2002. position under section 2302(a)(2)(B)(ii) of title (e) DISPOSAL OF PROPERTY.— (B) TRANSFERRED EMPLOYEES.—An em- 5, United States Code, to the extent that (1) STRICT COMPLIANCE.—If specifically au- ployee transferred to the Department under such exclusion subject to that authority was thorized to dispose of real property in this or this Act, who was in an appropriate unit not made before the date of enactment of any other Act, the Secretary shall exercise under section 7112 of title 5, United States this Act. this authority in strict compliance with sec- Code, prior to the transfer, shall not be ex- (g) NO EFFECT ON INTELLIGENCE AUTHORI- tion 204 of the Federal Property and Admin- cluded from a unit under subsection (b)(6) of TIES.—The transfer of authorities, functions, istrative Services Act of 1949 (40 U.S.C. 485). that section unless— personnel, and assets of elements of the (2) DEPOSIT OF PROCEEDS.—The Secretary (i) the primary job duty of the employee is United States Government under this title, shall deposit the proceeds of any exercise of materially changed after the transfer; and or the assumption of authorities and func- property disposal authority into the mis- (ii) the primary job duty of the employee tions by the Department under this title, cellaneous receipts of the Treasury in ac- after such change consists of intelligence, shall not be construed, in cases where such cordance with section 3302(b) of title 31, counterintelligence, or investigative duties authorities, functions, personnel, and assets United States Code. directly related to the investigation of ter- are engaged in intelligence activities as de- (f) GIFTS.—Gifts or donations of services or rorism, if it is clearly demonstrated that fined in the National Security Act of 1947, as property of or for the Department, the Of- membership in a unit and coverage under affecting the authorities of the Director of fice, or the National Combating Terrorism chapter 71 of title 5, United States Code, can- Central Intelligence, the Secretary of De- Strategy Panel may not be accepted, used, or not be applied in a manner that would not fense, or the heads of departments and agen- disposed of unless specifically permitted in have a substantial adverse effect on national cies within the intelligence community. advance in an appropriations Act and only security. SEC. 188. TRANSITION PLAN. under the conditions and for the purposes specified in such appropriations Act. (C) TRANSFERRED FUNCTIONS.—An employee (a) IN GENERAL.—Not later than September (g) BUDGET REQUEST.—Under section 1105 of of the Department who is primarily engaged 15, 2002, the President shall submit to Con- title 31, United States Code, the President in carrying out a function transferred to the gress a transition plan as set forth in sub- shall submit to Congress a detailed budget Department under this Act or a function section (b). request for the Department for fiscal year substantially similar to a function so trans- (b) CONTENTS.— 2004. ferred shall not be excluded from a unit (1) IN GENERAL.—The transition plan under under section 7112(b)(6) of title 5, United subsection (a) shall include a detailed— Subtitle F—Administrative Provisions States Code, unless the function prior to the (A) plan for the transition to the Depart- SEC. 191. REORGANIZATIONS AND DELEGATIONS. transfer was performed by an employee ex- ment and implementation of titles I, II, and (a) REORGANIZATION AUTHORITY.— cluded from a unit under that section. III and division B; and (1) IN GENERAL.—The Secretary may, as (D) OTHER AGENCIES, EMPLOYEES, AND FUNC- (B) proposal for the financing of those op- necessary and appropriate— TIONS.— erations and needs of the Department that (A) allocate, or reallocate, functions (i) EXCLUSION OF SUBDIVISION.—Subject to do not represent solely the continuation of among officers of the Department; and paragraph (A), a subdivision of the Depart- functions for which appropriations already (B) establish, consolidate, alter, or dis- ment shall not be excluded from coverage are available. continue organizational entities within the under chapter 71 of title 5, United States (2) FINANCING PROPOSAL.—The financing Department. Code, under section 7103(b)(1) of that title proposal under paragraph (1)(B) may consist (2) LIMITATION.—Paragraph (1) does not unless— of any combination of specific appropria- apply to— (I) the subdivision has, as a primary functions transfers, specific reprogrammings, and (A) any office, bureau, unit, or other entity tion, intelligence, counterintelligence, or in- new specific appropriations as the President established by law and transferred to the De- vestigative duties directly related to ter- considers advisable. partment; rorism investigation; and SEC. 189. USE OF APPROPRIATED FUNDS. (B) any function vested by law in an entity (II) the provisions of that chapter cannot (a) APPLICABILITY OF THIS SECTION.—Not- referred to in subparagraph (A) or vested by be applied to that subdivision in a manner withstanding any other provision of this Act law in an officer of such an entity; or consistent with national security require- or any other law, this section shall apply to (C) the alteration of the assignment or del- ments and considerations. the use of any funds, disposal of property, egation of functions assigned by this Act to (ii) EXCLUSION OF EMPLOYEE.—Subject to and acceptance, use, and disposal of gifts, or any officer or organizational entity of the subparagraphs (B) and (C), an employee of donations of services or property, of, for, or Department. the Department shall not be excluded from a by the Department, including any agencies, (b) DELEGATION AUTHORITY.— unit under section 7112(b)(6) of title 5, United entities, or other organizations transferred (1) SECRETARY.—The Secretary may— States Code, unless the primary job duty of to the Department under this Act, the Office, (A) delegate any of the functions of the the employee consists of intelligence, coun- and the National Combating Terrorism Secretary; and terintelligence, or investigative duties di- Strategy Panel. (B) authorize successive redelegations of rectly related to terrorism investigation, if (b) USE OF TRANSFERRED FUNDS.—Except functions of the Secretary to other officers it is clearly demonstrated that membership as may be provided in an appropriations Act and employees of the Department. in a unit and coverage under chapter 71 of in accordance with subsection (d), balances (2) OFFICERS.—An officer of the Depart- title 5, United States Code, cannot be applied of appropriations and any other funds or as- ment may— in a manner that would not have a substan- sets transferred under this Act— (A) delegate any function assigned to the tial adverse effect on national security. (1) shall be available only for the purposes officer by law; and (E) PRIOR EXCLUSION.—Subparagraphs (A) for which they were originally available; (B) authorize successive redelegations of through (D) shall not apply to any entity or (2) shall remain subject to the same condi- functions assigned to the officer by law to organizational unit, or subdivision thereof, tions and limitations provided by the law other officers and employees of the Depart- transferred to the Department under this originally appropriating or otherwise mak- ment. Act that, on July 19, 2002, was excluded from ing available the amount, including limita- (3) LIMITATIONS.— coverage under chapter 71 of title 5, United tions and notification requirements related (A) INTERUNIT DELEGATION.—Any function States Code, under section 7103(b)(1) of that to the reprogramming of appropriated funds; assigned by this title to an organizational title. and unit of the Department or to the head of an (2) TERMS AND CONDITIONS OF EMPLOY- (3) shall not be used to fund any new posi- organizational unit of the Department may MENT.—The transfer of an employee to the tion established under this Act. not be delegated to an officer or employee Department under this Act shall not alter (c) NOTIFICATION REGARDING TRANSFERS.— outside of that unit. the terms and conditions of employment, in- The President shall notify Congress not less (B) FUNCTIONS.—Any function vested by cluding compensation, of any employee so than 15 days before any transfer of appro- law in an entity established by law and transferred. priations balances, other funds, or assets transferred to the Department or vested by (3) CONDITIONS AND CRITERIA FOR APPOINT- under this Act. law in an officer of such an entity may not MENT.—Any qualifications, conditions, or (d) ADDITIONAL USES OF FUNDS DURING be delegated to an officer or employee out- criteria required by law for appointments to TRANSITION.—Subject to subsection (c), side of that entity. a position in an agency, or subdivision there- amounts transferred to, or otherwise made SEC. 192. REPORTING REQUIREMENTS. of, transferred to the Department under this available to, the Department may be used (a) ANNUAL EVALUATIONS.—The Comp- title, including a requirement that an ap- during the transition period for purposes in troller General of the United States shall pointment be made by the President, by and addition to those for which they were origi- monitor and evaluate the implementation of with the advice and consent of the Senate, nally available (including by transfer among titles I, II, III, and XI. Not later than 15 shall continue to apply with respect to any accounts of the Department), but only to the months after the effective date of this divi- appointment to the position made after such extent such transfer or use is specifically sion, and every year thereafter for the suc- transfer to the Department has occurred. permitted in advance in an appropriations ceeding 5 years, the Comptroller General

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00167 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7984 CONGRESSIONAL RECORD — SENATE August 1, 2002 shall submit a report to Congress con- Department and the homeland security responsibilities, missions, organizational taining— lated activities of the Department. structure, modernization programs, projects, (1) an evaluation of the implementation (3) PERFORMANCE REPORT.— activities, recruitment and retention pro- progress reports submitted to Congress and (A) IN GENERAL.—In accordance with sec- grams, and annual fiscal resources to enable the Comptroller General by the Secretary tion 1116 of title 31, United States Code, the the entity to accomplish its non-homeland under section 185; Secretary shall prepare and submit to the security missions without diminishment. (2) the findings and conclusions of the President and Congress an annual report on (c) TIMING.—Each Under Secretary shall Comptroller General of the United States re- program performance for each fiscal year. provide the report referred to in subsection sulting from the monitoring and evaluation (B) CONTENTS.—The performance report (a) annually, for the 5 years following the conducted under this subsection, including shall include the actual results achieved dur- transfer of the entity to the Department. evaluations of how successfully the Depart- ing the year compared to the goals expressed SEC. 197. FUTURE YEARS HOMELAND SECURITY ment is meeting— in the performance plan for that year. PROGRAM. N ENERAL (A) the homeland security missions of the SEC. 193. ENVIRONMENTAL PROTECTION, SAFE- (a) I G .—Each budget request sub- Department; and TY, AND HEALTH REQUIREMENTS. mitted to Congress for the Department under (B) the other missions of the Department; The Secretary shall— section 1105 of title 31, United States Code, and (1) ensure that the Department complies and each budget request submitted to Con- (3) any recommendations for legislation or with all applicable environmental, safety, gress for the National Terrorism Prevention and Response Program shall be accompanied administrative action the Comptroller Gen- and health statutes and requirements; and by a Future Years Homeland Security Pro- eral considers appropriate. (2) develop procedures for meeting such requirements. gram. (b) BIENNIAL REPORTS.—Every 2 years the (b) CONTENTS.—The Future Years Home- Secretary shall submit to Congress— SEC. 194. LABOR STANDARDS. land Security Program under subsection (a) (1) a report assessing the resources and re- (a) IN GENERAL.—All laborers and mechan- shall be structured, and include the same quirements of executive agencies relating to ics employed by contractors or subcontrac- type of information and level of detail, as border security and emergency preparedness tors in the performance of construction work the Future Years Defense Program sub- issues; and financed in whole or in part with assistance mitted to Congress by the Department of De- (2) a report certifying the preparedness of received under this Act shall be paid wages fense under section 221 of title 10, United the United States to prevent, protect at rates not less than those prevailing on States Code. against, and respond to natural disasters, similar construction in the locality as deter- (c) EFFECTIVE DATE.—This section shall cyber attacks, and incidents involving weap- mined by the Secretary of Labor in accord- take effect with respect to the preparation ons of mass destruction. ance with the Davis-Bacon Act (40 U.S.C. and submission of the fiscal year 2005 budget (c) POINT OF ENTRY MANAGEMENT RE- 276a et seq.). request for the Department and the fiscal (b) SECRETARY OF LABOR.—The Secretary PORT.—Not later than 1 year after the effec- year 2005 budget request for the National tive date of this division, the Secretary shall of Labor shall have, with respect to the en- Terrorism Prevention and Response Pro- submit to Congress a report outlining pro- forcement of labor standards under sub- gram, and for any subsequent fiscal year. section (a), the authority and functions set posed steps to consolidate management au- SEC. 198. PROTECTION OF VOLUNTARILY FUR- forth in Reorganization Plan Number 14 of thority for Federal operations at key points NISHED CONFIDENTIAL INFORMA- 1950 (5 U.S.C. App.) and section 2 of the Act of entry into the United States. TION. of June 13, 1934 (48 Stat. 948, chapter 482; 40 (a) DEFINITIONS.—In this section: (d) COMBATING TERRORISM AND HOMELAND U.S.C. 276c). (1) CRITICAL INFRASTRUCTURE.—The term SECURITY.—Not later than 270 days after the SEC. 195. PROCUREMENT OF TEMPORARY AND ‘‘critical infrastructure’’ has the meaning date of enactment of this Act, the Secretary INTERMITTENT SERVICES. given that term in section 1016(e) of the USA and the Director shall— The Secretary may— PATRIOT ACT of 2001 (42 U.S.C. 5195(e)). (1) in consultation with the head of each (1) procure the temporary or intermittent (2) FURNISHED VOLUNTARILY.— department or agency affected by titles I, II, services of experts or consultants (or organi- (A) DEFINITION.—The term ‘‘furnished vol- III, and XI, develop definitions of the terms zations thereof) in accordance with section untarily’’ means a submission of a record ‘‘combating terrorism’’ and ‘‘homeland secu- 3109(b) of title 5, United States Code; and that— rity’’ for purposes of those titles and shall (2) whenever necessary due to an urgent (i) is made to the Department in the ab- consider such definitions in determining the homeland security need, procure temporary sence of authority of the Department requir- mission of the Department and Office; and (not to exceed 1 year) or intermittent pering that record to be submitted; and (2) submit a report to Congress on such sonal services, including the services of ex- (ii) is not submitted or used to satisfy any definitions. perts or consultants (or organizations there- legal requirement or obligation or to obtain (e) RESULTS-BASED MANAGEMENT.— of), without regard to the pay limitations of any grant, permit, benefit (such as agency (1) STRATEGIC PLAN.— such section 3109. forbearance, loans, or reduction or modifica- (A) IN GENERAL.—Not later than September SEC. 196. PRESERVING NON-HOMELAND SECU- tions of agency penalties or rulings), or 30, 2003, consistent with the requirements of RITY MISSION PERFORMANCE. other approval from the Government. section 306 of title 5, United States Code, the (a) IN GENERAL.—For each entity trans- (B) BENEFIT.—In this paragraph, the term Secretary, in consultation with Congress, ferred into the Department that has non- ‘‘benefit’’ does not include any warning, shall prepare and submit to the Director of homeland security functions, the respective alert, or other risk analysis by the Depart- the Office of Management and Budget and to Under Secretary in charge, in conjunction ment. Congress a strategic plan for the program ac- with the head of such entity, shall report to (b) IN GENERAL.—Notwithstanding any tivities of the Department. the Secretary, the Comptroller General, and other provision of law, a record pertaining to (B) PERIOD; REVISIONS.—The strategic plan the appropriate committees of Congress on the vulnerability of and threats to critical shall cover a period of not less than 5 years the performance of the entity in all of its infrastructure (such as attacks, response, from the fiscal year in which it is submitted missions, with a particular emphasis on ex- and recovery efforts) that is furnished volun- and it shall be updated and revised at least amining the continued level of performance tarily to the Department shall not be made every 3 years. of the non-homeland security missions. available under section 552 of title 5, United (C) CONTENTS.—The strategic plan shall de- (b) CONTENTS.—The report referred to in States Code, if— scribe the planned results for the non-home- subsection (a) shall— (1) the provider would not customarily land security related activities of the De- (1) to the greatest extent possible, provide make the record available to the public; and partment and the homeland security related an inventory of the non-homeland security (2) the record is designated and certified by activities of the Department. functions of the entity and identify the capa- the provider, in a manner specified by the (2) PERFORMANCE PLAN.— bilities of the entity with respect to those Department, as confidential and not custom- (A) IN GENERAL.—In accordance with sec- functions, including— arily made available to the public. tion 1115 of title 31, United States Code, the (A) the number of employees who carry out (c) RECORDS SHARED WITH OTHER AGEN- Secretary shall prepare an annual perform- those functions; CIES.— ance plan covering each program activity set (B) the budget for those functions; and (1) IN GENERAL.— forth in the budget of the Department. (C) the flexibilities, personnel or other- (A) RESPONSE TO REQUEST.—An agency in (B) CONTENTS.—The performance plan shall wise, currently used to carry out those func- receipt of a record that was furnished volun- include— tions; tarily to the Department and subsequently (i) the goals to be achieved during the (2) contain information related to the shared with the agency shall, upon receipt of year; roles, responsibilities, missions, organiza- a request under section 552 of title 5, United (ii) strategies and resources required to tional structure, capabilities, personnel as- States Code, for the record— meet the goals; and sets, and annual budgets, specifically with (i) not make the record available; and (iii) the means used to verify and validate respect to the capabilities of the entity to (ii) refer the request to the Department for measured values. accomplish its non-homeland security mis- processing and response in accordance with (C) SCOPE.—The performance plan should sions without any diminishment; and this section. describe the planned results for the non- (3) contain information regarding whether (B) SEGREGABLE PORTION OF RECORD.—Any homeland security related activities of the any changes are required to the roles, re- reasonably segregable portion of a record

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00168 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 1, 2002 CONGRESSIONAL RECORD — SENATE S7985 shall be provided to the person requesting the National Office for Combating Ter- transfer or reprogramming of funds made the record after deletion of any portion rorism. under this section shall be subject to the re- which is exempt under this section. (b) OFFICERS.— programming procedures in the Treasury and (2) DISCLOSURE OF INDEPENDENTLY FUR- (1) DIRECTOR.—The head of the Office shall General Government Appropriations Act, NISHED RECORDS.—Notwithstanding para- be the Director of the National Office for 2002 (Public Law 107–67). graph (1), nothing in this section shall pro- Combating Terrorism, who shall be ap- (e) OVERSIGHT BY CONGRESS.—The estab- hibit an agency from making available under pointed by the President, by and with the ad- lishment of the Office within the Executive section 552 of title 5, United States Code, any vice and consent of the Senate. Office of the President shall not be construed record that the agency receives independ- (2) EXECUTIVE SCHEDULE LEVEL I POSITION.— as affecting access by Congress, or any com- ently of the Department, regardless of Section 5312 of title 5, United States Code, is mittee of Congress, to— whether or not the Department has a similar amended by adding at the end the following: (1) any information, document, record, or or identical record. ‘‘Director of the National Office for Com- paper in the possession of the Office or any (d) WITHDRAWAL OF CONFIDENTIAL DESIGNA- bating Terrorism.’’. study conducted by or at the direction of the TION.—The provider of a record that is fur- (3) OTHER OFFICERS.—The President shall Director; or nished voluntarily to the Department under assign to the Office such other officers as the (2) any personnel of the Office. subsection (b) may at any time withdraw, in President, in consultation with the Director, SEC. 202. FUNDING FOR STRATEGY PROGRAMS a manner specified by the Department, the considers appropriate to discharge the re- AND ACTIVITIES. confidential designation. sponsibilities of the Office. (a) BUDGET REVIEW.—In consultation with (e) PROCEDURES.—The Secretary shall pre- (c) RESPONSIBILITIES.—Subject to the direc- the Director of the Office of Management scribe procedures for— tion and control of the President, the respon- and Budget, the Secretary, and the heads of (1) the acknowledgement of receipt of sibilities of the Office shall include the fol- other agencies, the National Security Advi- records furnished voluntarily; lowing: sor, the Director of the Office of Science and (2) the designation, certification, and (1) To develop national objectives and poli- Technology Policy, and other involved White marking of records furnished voluntarily as cies for combating terrorism. House entities, the Director shall— confidential and not customarily made avail- (2) To direct and review the development of (1) identify programs that contribute to able to the public; a comprehensive national assessment of ter- the Strategy; and (3) the care and storage of records fur- rorist threats and vulnerabilities to those (2) in the development of the budget sub- nished voluntarily; threats, which shall be— mitted by the President to Congress under (4) the protection and maintenance of the (A) conducted by the heads of relevant section 1105 of title 31, United States Code, confidentiality of records furnished volun- agencies, the National Security Advisor, the review and provide advice to the heads of tarily; and Director of the Office of Science and Tech- agencies on the amount and use of funding (5) the withdrawal of the confidential des- nology Policy, and other involved White for programs identified under paragraph (1). ignation of records under subsection (d). House entities; and (b) SUBMITTAL OF PROPOSED BUDGETS TO (f) EFFECT ON STATE AND LOCAL LAW.— (B) used in preparation of the Strategy. THE DIRECTOR.— Nothing in this section shall be construed as (3) To develop, with the Secretary of (1) IN GENERAL.—The head of each Federal preempting or otherwise modifying State or Homeland Security, the Strategy under title terrorism prevention and response agency local law concerning the disclosure of any in- III. shall submit to the Director each year the formation that a State or local government (4) To coordinate, oversee, and evaluate proposed budget of that agency for the fiscal receives independently of the Department. the implementation and execution of the year beginning in that year for programs and (g) REPORT.— Strategy by agencies with responsibilities activities of that agency under the Strategy (1) REQUIREMENT.—Not later than 18 for combating terrorism under the Strategy, during that fiscal year. months after the date of the enactment of particularly those involving military, intel- (2) DATE FOR SUBMISSION.—The proposed this Act, the Comptroller General of the ligence, law enforcement, diplomatic, and budget of an agency for a fiscal year under United States shall submit to the commit- scientific and technological assets. paragraph (1) shall be submitted to the Di- tees of Congress specified in paragraph (2) a (5) To work with agencies, including the rector— report on the implementation and use of this Environmental Protection Agency, to ensure (A) not later than the date on which the section, including— that appropriate actions are taken to ad- agency completes the collection of informa- (A) the number of persons in the private dress vulnerabilities identified by the Direc- tion for purposes of the submission by the sector, and the number of State and local torate of Critical Infrastructure Protection President of a budget to Congress for that agencies, that furnished voluntarily records within the Department. fiscal year under section 1105 of title 31, to the Department under this section; (6)(A) To coordinate, with the advice of the United States Code; and (B) the number of requests for access to Secretary, the development of a comprehen- (B) before that information is submitted to records granted or denied under this section; sive annual budget for the programs and ac- the Director of the Office of Management and tivities under the Strategy, including the and Budget for such purposes. (C) such recommendations as the Comp- budgets of the military departments and (3) FORMAT.—In consultation with the Di- troller General considers appropriate regard- agencies within the National Foreign Intel- rector of the Office of Management and ing improvements in the collection and anal- ligence Program relating to international Budget, the Director shall specify the format ysis of sensitive information held by persons terrorism, but excluding military programs, for the submittal of proposed budgets under in the private sector, or by State and local projects, or activities relating to force pro- paragraph (1). agencies, relating to vulnerabilities of and tection. (c) REVIEW OF PROPOSED BUDGETS.— threats to critical infrastructure, including (B) To have the lead responsibility for (1) IN GENERAL.—The Director shall review the response to such vulnerabilities and budget recommendations relating to mili- each proposed budget submitted to the Di- threats. tary, intelligence, law enforcement, and dip- rector under subsection (b). (2) COMMITTEES OF CONGRESS.—The com- lomatic assets in support of the Strategy. (2) INADEQUATE FUNDING DETERMINATION.— mittees of Congress specified in this para- (7) To exercise funding authority for Fed- If the Director determines under paragraph graph are— eral terrorism prevention and response agen- (1) that the proposed budget of an agency for (A) the Committees on the Judiciary and cies in accordance with section 202. a fiscal year under subsection (b) is inad- Governmental Affairs of the Senate; and (8) To serve as an advisor to the National equate, in whole or in part, to permit the im- (B) the Committees on the Judiciary and Security Council. plementation by the agency during the fiscal Government Reform and Oversight of the (9) To work with the Director of the Fed- year of the goals of the Strategy applicable House of Representatives. eral Bureau of Investigation to ensure that— to the agency during the fiscal year, the Di- (3) FORM.—The report shall be submitted in (A) the Director of the National Office for rector shall submit to the head of the agen- unclassified form, but may include a classi- Combating Terrorism receives the relevant cy— fied annex. information from the Federal Bureau of In- (A) a notice in writing of the determina- SEC. 199. AUTHORIZATION OF APPROPRIATIONS. vestigation related to terrorism; and tion; and There are authorized to be appropriated (B) such information is made available to (B) a statement of the proposed funding, such sums as may be necessary to— the appropriate agencies and to State and and any specific initiatives, that would (as (1) enable the Secretary to administer and local law enforcement officials. determined by the Director) permit the im- manage the Department; and (d) RESOURCES.—In consultation with the plementation by the agency during the fiscal (2) carry out the functions of the Depart- Director, the President shall assign or allo- year of the goals of the Strategy applicable ment other than those transferred to the De- cate to the Office such resources, including to the agency during the fiscal year. partment under this Act. funds, personnel, and other resources, as the (3) ADEQUATE FUNDING DETERMINATION.—If TITLE II—NATIONAL OFFICE FOR President considers appropriate and that are the Director determines under paragraph (1) COMBATING TERRORISM available to the President under appropria- that the proposed budget of an agency for a SEC. 201. NATIONAL OFFICE FOR COMBATING tions Acts for fiscal year 2002 and fiscal year fiscal year under subsection (b) is adequate TERRORISM. 2003 in the ‘‘Office of Administration’’ appro- to permit the implementation by the agency (a) ESTABLISHMENT.—There is established priations account or the ‘‘Office of Homeland during the fiscal year of the goals of the within the Executive Office of the President Security’’ appropriations account. Any Strategy applicable to the agency during the

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fiscal year, the Director shall submit to the (i) may decertify the proposed budget; and (2) RESPONSIBILITIES OF THE DIRECTOR.—The head of the agency a notice in writing of (ii) with respect to any proposed budget so Director shall have overall responsibility for that determination. decertified, shall submit to Congress— development of the Strategy, and particu- (4) MAINTENANCE OF RECORDS.—The Direc- (I) a notice of the decertification; larly for those portions of the Strategy ad- tor shall maintain a record of— (II) a copy of the notice submitted to the dressing intelligence, military assets, law (A) each notice submitted under paragraph agency concerned for the fiscal year under enforcement, and diplomacy. (2), including any statement accompanying subsection (c)(2)(B); and (c) CONTENTS.—The contents of the Strat- such notice; and (III) the budget recommendations made egy shall include— (B) each notice submitted under paragraph under this section. (1) a comprehensive statement of mission, (3). (f) NATIONAL TERRORISM PREVENTION AND goals, objectives, desired end-state, prior- (d) AGENCY RESPONSE TO REVIEW OF PRO- RESPONSE PROGRAM BUDGET.— ities and responsibilities; POSED BUDGETS.— (1) IN GENERAL.—For each fiscal year, fol- (2) policies and procedures to maximize the (1) INCORPORATION OF PROPOSED FUNDING.— lowing the submittal of proposed budgets to collection, translation, analysis, exploi- The head of a Federal terrorism prevention the Director under subsection (b), the Direc- tation, and dissemination of information re- and response agency that receives a notice tor shall, in consultation with the Secretary lating to combating terrorism and the home- under subsection (c)(2) with respect to the and the head of each Federal terrorism pre- land security response throughout the Fed- proposed budget of the agency for a fiscal vention and response agency concerned— eral Government and with State and local year shall incorporate the proposed funding, (A) develop a consolidated proposed budget authorities; and any initiatives, set forth in the state- for such fiscal year for all programs and ac- (3) plans for countering chemical, biologi- ment accompanying the notice into the in- tivities under the Strategy for such fiscal cal, radiological, nuclear and explosives, and formation submitted to the Office of Man- year; and cyber threats; agement and Budget in support of the pro- (B) subject to paragraph (2), submit the (4) plans for integrating the capabilities posed budget for the agency for the fiscal consolidated proposed budget to the Presi- and assets of the United States military into year under section 1105 of title 31, United dent and to Congress. all aspects of the Strategy; States Code. (2) ELEMENTS WITHIN INTELLIGENCE PRO- (5) plans for improving the resources of, co- (2) ADDITIONAL INFORMATION.—The head of GRAMS.—In the submission of the consoli- ordination among, and effectiveness of each agency described under paragraph (1) dated proposed budget to Congress under health and medical sectors for detecting and for a fiscal year shall include as an appendix paragraph (1)(B), those elements of the budg- responding to terrorist attacks on the home- to the information submitted to the Office of et which are within the National Foreign In- land; Management and Budget under that para- telligence Program shall be submitted to— (6) specific measures to enhance coopera- graph for the fiscal year the following: (A) the Select Committee on Intelligence tive efforts between the public and private (A) A summary of any modifications in the of the Senate; sectors in protecting against terrorist at- proposed budget of such agency for the fiscal (B) the Permanent Select Committee on tacks; year under paragraph (1). (7) a review of measures needed to enhance Intelligence of the House of Representatives; (B) An assessment of the effect of such transportation security with respect to po- (C) the Committee on Appropriations of modifications on the capacity of such agency tential terrorist attacks; the Senate; and to perform its responsibilities during the fis- (8) plans for identifying, prioritizing, and (D) the Committee on Appropriations of cal year other than its responsibilities under meeting research and development objec- the House of Representatives. the Strategy. tives to support homeland security needs; (3) DESIGNATION OF CONSOLIDATED PROPOSED (3) SUBMISSION TO CONGRESS.— and BUDGET.—The consolidated proposed budget (A) IN GENERAL.—Subject to subparagraph (9) other critical areas. for a fiscal year under this subsection shall (B), the head of each agency described under (d) COOPERATION.—At the request of the paragraph (1) for a fiscal year shall submit to be known as the National Terrorism Preven- Secretary or Director, departments and Congress a copy of the appendix submitted to tion and Response Program Budget for the agencies shall provide necessary information the Office of Management and Budget for the fiscal year. or planning documents relating to the Strat- (g) REPROGRAMMING AND TRANSFER RE- fiscal year under paragraph (2) at the same egy. QUESTS.— time the budget of the President for the fis- (e) INTERAGENCY COUNCIL.— (1) APPROVAL BY THE DIRECTOR.—The head cal year is submitted to Congress under sec- (1) ESTABLISHMENT.—There is established of a Federal terrorism prevention and re- tion 1105 of title 31, United States Code. the National Combating Terrorism and sponse agency may not submit to Congress a (B) ELEMENTS WITHIN INTELLIGENCE PRO- Homeland Security Response Council to as- request for the reprogramming or transfer of GRAMS.—In the submission of the copy of the sist with preparation and implementation of any funds specified in the National Ter- appendix to Congress under subparagraph the Strategy. rorism Prevention and Response Program (A), those elements of the appendix which (2) MEMBERSHIP.—The members of the Budget for programs or activities of the are within the National Foreign Intelligence Council shall be the heads of the Federal ter- agency under the Strategy for a fiscal year Program shall be submitted to— rorism prevention and response agencies or in excess of $5,000,000 without the approval of (i) the Select Committee on Intelligence of their designees. The Secretary and Director the Director. the Senate; shall designate such agencies. (2) APPROVAL BY THE PRESIDENT.—The (ii) the Permanent Select Committee on (3) CO-CHAIRS AND MEETINGS.—The Sec- President may, upon the request of the head Intelligence of the House of Representatives; retary and Director shall co-chair the Coun- of the agency concerned, permit the sub- (iii) the Committee on Appropriations of cil, which shall meet at their direction. mittal to Congress of a request previously the Senate; and (f) SUBMISSION TO CONGRESS.—Not later disapproved by the Director under paragraph (iv) the Committee on Appropriations of than December 1, 2003, and each year there- (1) if the President determines that the sub- the House of Representatives. after in which a President is inaugurated, mittal of the request to Congress will further (e) SUBMITTAL OF REVISED PROPOSED BUDG- the Secretary and the Director shall submit the purposes of the Strategy. ETS.— the Strategy to Congress. (g) UPDATING.—Not later than December 1, (1) IN GENERAL.—At the same time the head TITLE III—NATIONAL STRATEGY FOR of a Federal terrorism prevention and re- COMBATING TERRORISM AND THE 2005, and on December 1, of every 2 years thereafter, the Secretary and the Director sponse agency submits its proposed budget HOMELAND SECURITY RESPONSE shall submit to Congress an updated version for a fiscal year to the Office of Management SEC. 301. STRATEGY. of the Strategy. and Budget for purposes of the submission by (a) DEVELOPMENT.—The Secretary and the (h) PROGRESS REPORTS.—Not later than De- the President of a budget to Congress for the Director shall develop the National Strategy cember 1, 2004, and on December 1, of each fiscal year under section 1105 of title 31, for Combating Terrorism and Homeland Se- year thereafter, the Secretary and the Direc- United States Code, the head of the agency curity Response for detection, prevention, tor may submit to Congress a report that— shall submit a copy of the proposed budget protection, response, and recovery to (1) describes the progress on implementa- to the Director. counter terrorist threats, including threat, tion of the Strategy; and (2) REVIEW AND DECERTIFICATION AUTHOR- vulnerability, and risk assessment and anal- (2) provides recommendations for improve- ITY.—The Director of the National Office for ysis, and the plans, policies, training, exer- ment of the Strategy and the implementa- Combating Terrorism— cises, evaluation, and interagency cooperation of the Strategy. (A) shall review each proposed budget sub- tion that address each such action relating SEC. 302. MANAGEMENT GUIDANCE FOR STRAT- mitted under paragraph (1); and to such threats. EGY IMPLEMENTATION. (B) in the case of a proposed budget for a (b) RESPONSIBILITIES.— (a) IN GENERAL.—In consultation with the fiscal year to which subsection (c)(2) applies (1) RESPONSIBILITIES OF THE SECRETARY.— Director and the Secretary, the Director of in the fiscal year, if the Director determines The Secretary shall have responsibility for the Office of Management and Budget shall as a result of the review that the proposed portions of the Strategy addressing border provide management guidance for agencies budget does not include the proposed fund- security, critical infrastructure protection, to successfully implement and execute the ing, and any initiatives, set forth in the no- emergency preparation and response, and in- Strategy. tice under that subsection with respect to tegrating State and local efforts with activi- (b) OFFICE OF MANAGEMENT AND BUDGET the proposed budget— ties of the Federal Government. REPORT.—Not later than 180 days after the

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00170 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 1, 2002 CONGRESSIONAL RECORD — SENATE S7987 date of the submission of the Strategy re- annual rate of basic pay prescribed for level under subsection (d), including any rec- ferred to under section 301, the Director of IV of the Executive Schedule under section ommendations for legislation that the Panel the Office of Management and Budget shall— 5315 of title 5, United States Code, for each considers appropriate. (1) submit to Congress a report describing day (including travel time) during which (B) REPORT TO CONGRESS.—Not later than agency progress under subsection (a); and such member is engaged in the performance 30 days after the submission of the report (2) provide a copy of the report to the of the duties of the Panel. under subparagraph (A), the Secretary and Comptroller General of the United States. (g) TRAVEL EXPENSES.—The members of the Director shall submit to the committees (c) GENERAL ACCOUNTING OFFICE REPORT.— the Panel shall be allowed travel expenses, referred to under subsection (b), and the Not later than 90 days after the receipt of including per diem in lieu of subsistence, at Committees on Appropriations of the Senate the report required under subsection (b), the rates authorized for employees of agencies and the House of Representatives, a copy of Comptroller General of the United States under subchapter I of chapter 57 of title 5, that report with the comments of the Sec- shall submit a report to the Governmental United States Code, while away from their retary on the report. Affairs Committee of the Senate, the Gov- homes or regular places of business in the (2) QUADRENNIAL REPORTS.— ernment Reform Committee of the House of performance of services for the Panel. (A) REPORTS TO SECRETARY.—Not later Representatives, the Committee on Appro- (h) STAFF.— than December 1, 2004, and not later than De- priations of the Senate, and the Committee (1) IN GENERAL.—The Chairperson of the cember 1 every 4 years thereafter, the Panel on Appropriations of the House of Represent- Panel may, without regard to the civil serv- shall submit to the Secretary and the Direc- atives, evaluating— ice laws and regulations, appoint and termi- tor a report setting forth the activities and (1) the management guidance identified nate an executive director and such other ad- the findings and recommendations of the under subsection (a); and ditional personnel as may be necessary to Panel under subsection (d), including any (2) Federal agency performance in imple- enable the Panel to perform its duties. The recommendations for legislation that the menting and executing the Strategy. employment of an executive director shall be Panel considers appropriate. SEC. 303. NATIONAL COMBATING TERRORISM subject to confirmation by the Panel. (B) REPORTS TO CONGRESS.—Not later than STRATEGY PANEL. (2) COMPENSATION.—The Chairperson of the 60 days after each report is submitted under (a) ESTABLISHMENT.—The Secretary and Panel may fix the compensation of the exec- subparagraph (A), the Secretary shall submit the Director shall establish a nonpartisan, utive director and other personnel without to the committees referred to under sub- independent panel to be known as the Na- regard to chapter 51 and subchapter III of section (b), and the Committees on Appro- tional Combating Terrorism Strategy Panel chapter 53 of title 5, United States Code, re- priations of the Senate and the House of (in this section referred to as the ‘‘Panel’’). lating to classification of positions and Gen- Representatives, a copy of the report with (b) MEMBERSHIP.— eral Schedule pay rates, except that the rate the comments of the Secretary and the Di- (1) APPOINTMENT.—The Panel shall be com- of pay for the executive director and other rector on the report. posed of a chairperson and 8 other individ- personnel may not exceed the rate payable uals appointed by the Secretary and the Di- for level V of the Executive Schedule under TITLE IV—LAW ENFORCEMENT POWERS rector, in consultation with the chairman section 5316 of such title. OF INSPECTOR GENERAL AGENTS and ranking member of the Committee on (3) PERSONNEL AS FEDERAL EMPLOYEES.— SEC. 401. LAW ENFORCEMENT POWERS OF IN- Governmental Affairs of the Senate and the (A) IN GENERAL.—The executive director SPECTOR GENERAL AGENTS. chairman and ranking member of the Com- and any personnel of the Panel who are em- (a) IN GENERAL.—Section 6 of the Inspector mittee on Government Reform of the House ployees shall be employees under section 2105 General Act of 1978 (5 U.S.C. App.) is amend- of Representatives, from among individuals of title 5, United States Code, for purposes of ed by adding at the end the following: in the private sector who are recognized ex- chapters 63, 81, 83, 84, 85, 87, 89, and 90 of that ‘‘(e)(1) In addition to the authority other- perts in matters relating to combatting ter- title. wise provided by this Act, each Inspector rorism and the homeland security of the (B) MEMBERS OF PANEL.—Subparagraph (A) General appointed under section 3, any As- United States. shall not be construed to apply to members sistant Inspector General for Investigations (2) TERMS.— of the Panel. under such an Inspector General, and any (A) IN GENERAL.—An individual shall be ap- (4) REDUCTION OF STAFF.—During periods special agent supervised by such an Assist- pointed to the Panel for an 18-month term. that members are not serving terms on the ant Inspector General may be authorized by (B) TERM PERIODS.—Terms on the Panel Panel, the executive director shall reduce the Attorney General to— shall not be continuous. All terms shall be the number and hours of employees to the ‘‘(A) carry a firearm while engaged in offi- for the 18-month period which begins 12 minimum necessary to— cial duties as authorized under this Act or months before each date a report is required (A) provide effective continuity of the other statute, or as expressly authorized by to be submitted under subsection (l)(2)(A). Panel; and the Attorney General; (C) MULTIPLE TERMS.—An individual may (B) minimize personnel costs of the Panel. ‘‘(B) make an arrest without a warrant serve more than 1 term. (i) DETAIL OF GOVERNMENT EMPLOYEES.— while engaged in official duties as authorized (c) DUTIES.—The Panel shall— Any Federal Government employee may be under this Act or other statute, or as ex- (1) conduct and submit to the Secretary detailed to the Panel without reimburse- pressly authorized by the Attorney General, the assessment of the Strategy; and ment, and such detail shall be without inter- for any offense against the United States (2) conduct the independent, alternative ruption or loss of civil service status or committed in the presence of such Inspector assessment of homeland security measures privilege. General, Assistant Inspector General, or required under this section. (j) ADMINISTRATIVE PROVISIONS.— agent, or for any felony cognizable under the (d) ALTERNATIVE ASSESSMENT.—The Panel (1) USE OF MAIL AND PRINTING.—The Panel laws of the United States if such Inspector shall submit to the Secretary an independent may use the United States mails and obtain General, Assistant Inspector General, or assessment of the optimal policies and pro- printing and binding services in the same agent has reasonable grounds to believe that grams to combat terrorism, including home- manner and under the same conditions as the person to be arrested has committed or land security measures. As part of the as- other agencies. is committing such felony; and sessment, the Panel shall, to the extent (2) SUPPORT SERVICES.—The Secretary shall ‘‘(C) seek and execute warrants for arrest, practicable, estimate the funding required furnish the Panel any administrative and search of a premises, or seizure of evidence by fiscal year to achieve these optimal ap- support services requested by the Panel. issued under the authority of the United proaches. (3) GIFTS.—The Panel may accept, use, and States upon probable cause to believe that a (e) INFORMATION FROM FEDERAL AGEN- dispose of gifts or donations of services or violation has been committed. CIES.— property. ‘‘(2) The Attorney General may authorize (1) IN GENERAL.—Subject to paragraph (2), (k) PAYMENT OF PANEL EXPENSES.—The exercise of the powers under this subsection the Panel may secure directly from any compensation, travel expenses, and per diem only upon an initial determination that— agency such information as the Panel con- allowances of members and employees of the ‘‘(A) the affected Office of Inspector Gen- siders necessary to carry out this section. Panel shall be paid out of funds available to eral is significantly hampered in the per- Upon request of the Chairperson, the head of the Department for the payment of com- formance of responsibilities established by such department or agency shall furnish pensation, travel allowances, and per diem this Act as a result of the lack of such pow- such information to the Panel. allowances, respectively, of civilian employers; (2) INTELLIGENCE INFORMATION.—The provi- ees of the Department. The other expenses of ‘‘(B) available assistance from other law sion of information under this paragraph re- the Panel shall be paid out of funds available enforcement agencies is insufficient to meet lated to intelligence shall be provided in ac- to the Department for the payment of simi- the need for such powers; and cordance with procedures established by the lar expenses incurred by the Department. ‘‘(C) adequate internal safeguards and Director of Central Intelligence and in ac- (l) REPORTS.— management procedures exist to ensure cordance with section 103(d)(3) of the Na- (1) PRELIMINARY REPORT.— proper exercise of such powers. tional Security Act of 1947 (50 U.S.C. 403– (A) REPORT TO SECRETARY.—Not later than ‘‘(3) The Inspector General offices of the 3(d)(3)). July 1, 2004, the Panel shall submit to the Department of Commerce, Department of (f) COMPENSATION OF MEMBERS.—Each Secretary and the Director a preliminary re- Education, Department of Energy, Depart- member of the Panel shall be compensated port setting forth the activities and the find- ment of Health and Human Services, Depart- at a rate equal to the daily equivalent of the ings and recommendations of the Panel ment of Homeland Security, Department of

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Housing and Urban Development, Depart- (3) MINIMUM REQUIREMENTS.—The guide- SEC. 505. APPLICATION OF CERTAIN COMMER- ment of the Interior, Department of Justice, lines promulgated under this subsection CIAL ITEMS AUTHORITIES TO CER- Department of Labor, Department of State, shall include, at a minimum, the operational TAIN PROCUREMENTS. Department of Transportation, Department and training requirements in the memoranda (a) AUTHORITY.— of the Treasury, Department of Veterans Af- of understanding. (1) IN GENERAL.—The head of an executive fairs, Agency for International Development, (4) NO LAPSE OF AUTHORITY.—The memo- agency may apply the provisions of law list- Environmental Protection Agency, Federal randa of understanding in effect on the date ed in paragraph (2) to a procurement referred Deposit Insurance Corporation, Federal of enactment of this Act shall remain in ef- to in section 502 without regard to whether Emergency Management Agency, General fect until the guidelines promulgated under the property or services are commercial Services Administration, National Aero- this subsection take effect. items. nautics and Space Administration, Nuclear (c) EFFECTIVE DATES.— (2) COMMERCIAL ITEM LAWS.—The provisions Regulatory Commission, Office of Personnel (1) IN GENERAL.—Subsection (a) shall take of law referred to in paragraph (1) are as fol- Management, Railroad Retirement Board, effect 180 days after the date of enactment of lows: Small Business Administration, Social Secu- this Act. (A) Sections 31 and 34 of the Office of Fed- rity Administration, and the Tennessee Val- (2) INITIAL GUIDELINES.—Subsection (b) eral Procurement Policy Act (41 U.S.C. 427, ley Authority are exempt from the require- shall take effect on the date of enactment of 430). ment of paragraph (2) of an initial deter- this Act. (B) Section 2304(g) of title 10, United States Code. mination of eligibility by the Attorney Gen- TITLE V—FEDERAL EMERGENCY (C) Section 303(g) of the Federal Property eral. PROCUREMENT FLEXIBILITY ‘‘(4) The Attorney General shall promul- and Administrative Services Act of 1949 (41 Subtitle A—Temporary Flexibility for Certain gate, and revise as appropriate, guidelines U.S.C. 253(g)). Procurements which shall govern the exercise of the law (b) INAPPLICABILITY OF LIMITATION ON USE enforcement powers established under para- SEC. 501. DEFINITION. OF SIMPLIFIED ACQUISITION PROCEDURES.— graph (1). In this title, the term ‘‘executive agency’’ (1) IN GENERAL.—The $5,000,000 limitation ‘‘(5) Powers authorized for an Office of In- has the meaning given that term under sec- provided in section 31(a)(2) of the Office of spector General under paragraph (1) shall be tion 4(1) of the Office of Federal Procure- Federal Procurement Policy Act (41 U.S.C. rescinded or suspended upon a determination ment Policy Act (41 U.S.C. 403(1)). 427(a)(2)), section 2304(g)(1)(B) of title 10, by the Attorney General that any of the re- SEC. 502. PROCUREMENTS FOR DEFENSE United States Code, and section 303(g)(1)(B) quirements under paragraph (2) is no longer AGAINST OR RECOVERY FROM TER- of the Federal Property and Administrative satisfied or that the exercise of authorized RORISM OR NUCLEAR, BIOLOGICAL, Services Act of 1949 (41 U.S.C. 253(g)(1)(B)) CHEMICAL, OR RADIOLOGICAL AT- shall not apply to purchases of property or powers by that Office of Inspector General TACK. has not complied with the guidelines promul- The authorities provided in this subtitle services to which any of the provisions of gated by the Attorney General under para- apply to any procurement of property or law referred to in subsection (a) are applied graph (4). services by or for an executive agency that, under the authority of this section. ‘‘(6) A determination by the Attorney Gen- as determined by the head of the executive (2) OMB GUIDANCE.—The Director of the Of- eral under paragraph (2) or (5) shall not be agency, are to be used to facilitate defense fice of Management and Budget shall issue reviewable in or by any court. against or recovery from terrorism or nu- guidance and procedures for the use of sim- ‘‘(7) To ensure the proper exercise of the clear, biological, chemical, or radiological plified acquisition procedures for a purchase law enforcement powers authorized by this attack, but only if a solicitation of offers for of property or services in excess of $5,000,000 subsection, the Offices of Inspector General the procurement is issued during the 1-year under the authority of this section. described under paragraph (3) shall, not later (c) CONTINUATION OF AUTHORITY FOR SIM- period beginning on the date of the enact- than 180 days after the date of enactment of PLIFIED PURCHASE PROCEDURES.—Authority ment of this Act. this subsection, collectively enter into a under a provision of law referred to in sub- memorandum of understanding to establish SEC. 503. INCREASED SIMPLIFIED ACQUISITION section (a)(2) that expires under section THRESHOLD FOR PROCUREMENTS an external review process for ensuring that IN SUPPORT OF HUMANITARIAN OR 4202(e) of the Clinger-Cohen Act of 1996 (divi- adequate internal safeguards and manage- PEACEKEEPING OPERATIONS OR sions D and E of Public Law 104–106; 10 U.S.C. ment procedures continue to exist within CONTINGENCY OPERATIONS. 2304 note) shall, notwithstanding such sec- each Office and within any Office that later (a) TEMPORARY THRESHOLD AMOUNTS.—For tion, continue to apply for use by the head of receives an authorization under paragraph a procurement referred to in section 502 that an executive agency as provided in sub- (2). The review process shall be established in is carried out in support of a humanitarian sections (a) and (b). consultation with the Attorney General, who or peacekeeping operation or a contingency SEC. 506. USE OF STREAMLINED PROCEDURES. shall be provided with a copy of the memo- operation, the simplified acquisition thresh- (a) REQUIRED USE.—The head of an execu- randum of understanding that establishes old definitions shall be applied as if the tive agency shall, when appropriate, use the review process. Under the review process, amount determined under the exception pro- streamlined acquisition authorities and pro- the exercise of the law enforcement powers vided for such an operation in those defini- cedures authorized by law for a procurement by each Office of Inspector General shall be tions were— referred to in section 502, including authori- reviewed periodically by another Office of In- (1) in the case of a contract to be awarded ties and procedures that are provided under spector General or by a committee of Inspec- and performed, or purchase to be made, in- the following provisions of law: tors General. The results of each review shall side the United States, $250,000; or (1) FEDERAL PROPERTY AND ADMINISTRATIVE be communicated in writing to the applica- (2) in the case of a contract to be awarded SERVICES ACT OF 1949.—In title III of the Fed- ble Inspector General and to the Attorney and performed, or purchase to be made, out- eral Property and Administrative Services General. side the United States, $500,000. Act of 1949: ‘‘(8) No provision of this subsection shall (b) SIMPLIFIED ACQUISITION THRESHOLD (A) Paragraphs (1), (2), (6), and (7) of sub- limit the exercise of law enforcement powers DEFINITIONS.—In this section, the term ‘‘sim- section (c) of section 303 (41 U.S.C. 253), relat- established under any other statutory au- plified acquisition threshold definitions’’ ing to use of procedures other than competi- thority, including United States Marshals means the following: tive procedures under certain circumstances Service special deputation.’’. (1) Section 4(11) of the Office of Federal (subject to subsection (e) of such section). (b) PROMULGATION OF INITIAL GUIDELINES.— Procurement Policy Act (41 U.S.C. 403(11)). (B) Section 303J (41 U.S.C. 253j), relating to (1) DEFINITION.—In this subsection, the (2) Section 309(d) of the Federal Property orders under task and delivery order con- term ‘‘memoranda of understanding’’ means and Administrative Services Act of 1949 (41 tracts. the agreements between the Department of U.S.C. 259(d)). (2) TITLE 10, UNITED STATES CODE.—In chap- Justice and the Inspector General offices de- (3) Section 2302(7) of title 10, United States ter 137 of title 10, United States Code: scribed under section 6(e)(3) of the Inspector Code. (A) Paragraphs (1), (2), (6), and (7) of sub- General Act of 1978 (5 U.S.C. App) (as added (c) SMALL BUSINESS RESERVE.—For a pro- section (c) of section 2304, relating to use of by subsection (a) of this section) that— curement carried out pursuant to subsection procedures other than competitive proce- (A) are in effect on the date of enactment (a), section 15(j) of the Small Business Act dures under certain circumstances (subject of this Act; and (15 U.S.C. 644(j)) shall be applied as if the to subsection (e) of such section). (B) authorize such offices to exercise au- maximum anticipated value identified there- (B) Section 2304c, relating to orders under thority that is the same or similar to the au- in is equal to the amounts referred to in sub- task and delivery order contracts. thority under section 6(e)(1) of such Act. section (a). (3) OFFICE OF FEDERAL PROCUREMENT POLICY (2) IN GENERAL.—Not later than 180 days SEC. 504. INCREASED MICRO-PURCHASE THRESH- ACT.—Paragraphs (1)(B), (1)(D), and (2) of sec- after the date of enactment of this Act, the OLD FOR CERTAIN PROCUREMENTS. tion 18(c) of the Office of Federal Procure- Attorney General shall promulgate guide- In the administration of section 32 of the ment Policy Act (41 U.S.C. 416(c)), relating to lines under section 6(e)(4) of the Inspector Office of Federal Procurement Policy Act (41 inapplicability of a requirement for procure- General Act of 1978 (5 U.S.C. App) (as added U.S.C. 428) with respect to a procurement re- ment notice. by subsection (a) of this section) applicable ferred to in section 502, the amount specified (b) WAIVER OF CERTAIN SMALL BUSINESS to the Inspector General offices described in subsections (c), (d), and (f) of such section THRESHOLD REQUIREMENTS.—Subclause (II) of under section 6(e)(3) of that Act. 32 shall be deemed to be $10,000. section 8(a)(1)(D)(i) of the Small Business

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00172 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 1, 2002 CONGRESSIONAL RECORD — SENATE S7989 Act (15 U.S.C. 637(a)(1)(D)(i)) and clause (ii) section 114 of the Immigration and Nation- rectorate shall perform the following func- of section 31(b)(2)(A) of such Act (15 U.S.C. ality Act, as added by section 1105 of this tions: 657a(b)(2)(A)) shall not apply in the use of Act. ‘‘(1) Immigration policy, administration, streamlined acquisition authorities and pro- (2) FUNCTION.—The term ‘‘function’’ in- and inspection functions, as defined in sec- cedures referred to in paragraphs (1)(A) and cludes any duty, obligation, power, author- tion 112(b). (2)(A) of subsection (a) for a procurement re- ity, responsibility, right, privilege, activity, ‘‘(2) Immigration service and adjudication ferred to in section 502. or program. functions, as defined in section 113(b). SEC. 507. REVIEW AND REPORT BY COMP- (3) IMMIGRATION ENFORCEMENT FUNCTIONS.— ‘‘(3) Immigration enforcement functions, TROLLER GENERAL. The term ‘‘immigration enforcement func- as defined in section 114(b). (a) REQUIREMENTS.—Not later than March tions’’ has the meaning given the term in ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— 31, 2004, the Comptroller General shall— section 114(b)(2) of the Immigration and Na- ‘‘(1) IN GENERAL.—There are authorized to (1) complete a review of the extent to tionality Act, as added by section 1105 of this be appropriated to the Department of Home- which procurements of property and services Act. land Security such sums as may be necessary have been made in accordance with this sub- (4) IMMIGRATION LAWS OF THE UNITED to carry out the functions of the Directorate. title; and STATES.—The term ‘‘immigration laws of the ‘‘(2) AVAILABILITY OF FUNDS.—Amounts ap- (2) submit a report on the results of the re- United States’’ has the meaning given the propriated pursuant to paragraph (1) are au- view to the Committee on Governmental Af- term in section 111(e) of the Immigration and thorized to remain available until expended. fairs of the Senate and the Committee on Nationality Act, as added by section 1102 of ‘‘(e) IMMIGRATION LAWS OF THE UNITED Government Reform of the House of Rep- this Act. STATES DEFINED.—In this chapter, the term resentatives. (5) IMMIGRATION POLICY, ADMINISTRATION, ‘immigration laws of the United States’ (b) CONTENT OF REPORT.—The report under AND INSPECTION FUNCTIONS.—The term ‘‘im- means the following: subsection (a)(2) shall include the following migration policy, administration, and in- ‘‘(1) This Act. matters: spection functions’’ has the meaning given ‘‘(2) Such other statutes, Executive orders, (1) ASSESSMENT.—The Comptroller Gen- the term in section 112(b)(3) of the Immigra- regulations, or directives, treaties, or other eral’s assessment of— tion and Nationality Act, as added by sec- international agreements to which the (A) the extent to which property and serv- tion 1103 of this Act. United States is a party, insofar as they re- ices procured in accordance with this title (6) IMMIGRATION SERVICE FUNCTIONS.—The late to the admission to, detention in, or re- have contributed to the capacity of the term ‘‘immigration service functions’’ has moval from the United States of aliens, inso- workforce of Federal Government employees the meaning given the term in section far as they relate to the naturalization of within each executive agency to carry out 113(b)(2) of the Immigration and Nationality aliens, or insofar as they otherwise relate to the mission of the executive agency; and Act, as added by section 1104 of this Act. the status of aliens.’’. (B) the extent to which Federal Govern- (7) OFFICE.—The term ‘‘office’’ includes (b) CONFORMING AMENDMENTS.—(1) The Im- ment employees have been trained on the use any office, administration, agency, bureau, migration and Nationality Act (8 U.S.C. 1101 of technology. institute, council, unit, organizational enti- et seq.) is amended— (2) RECOMMENDATIONS.—Any recommenda- ty, or component thereof. (A) by striking section 101(a)(34) (8 U.S.C. tions of the Comptroller General resulting (8) SECRETARY.—The term ‘‘Secretary’’ 1101(a)(34)) and inserting the following: from the assessment described in paragraph means the Secretary of Homeland Security. ‘‘(34) The term ‘Directorate’ means the Di- (1). (9) SERVICE BUREAU.—The term ‘‘Service rectorate of Immigration Affairs established (c) CONSULTATION.—In preparing for the re- Bureau’’ means the Bureau of Immigration by section 111.’’; view under subsection (a)(1), the Comptroller Services established in section 113 of the Im- (B) by adding at the end of section 101(a) shall consult with the Committee on Govern- migration and Nationality Act, as added by the following new paragraphs: mental Affairs of the Senate and the Com- section 1104 of this Act. ‘‘(51) The term ‘Secretary’ means the Sec- mittee on Government Reform of the House (10) UNDER SECRETARY.—The term ‘‘Under retary of Homeland Security. of Representatives on the specific issues and Secretary’’ means the Under Secretary of ‘‘(52) The term ‘Department’ means the De- topics to be reviewed. The extent of coverage Homeland Security for Immigration Affairs partment of Homeland Security.’’; needed in areas such as technology integra- appointed under section 112 of the Immigra- (C) by striking ‘‘Attorney General’’ and tion, employee training, and human capital tion and Nationality Act, as added by sec- ‘‘Department of Justice’’ each place it ap- management, as well as the data require- tion 1103 of this Act. pears and inserting ‘‘Secretary’’ and ‘‘De- ments of the study, shall be included as part TITLE XI—DIRECTORATE OF partment’’, respectively; of the consultation. IMMIGRATION AFFAIRS (D) in section 101(a)(17) (8 U.S.C. Subtitle B—Other Matters Subtitle A—Organization 1101(a)(17)), by striking ‘‘The’’ and inserting SEC. 511. IDENTIFICATION OF NEW ENTRANTS SEC. 1101. ABOLITION OF INS. ‘‘Except as otherwise provided in section INTO THE FEDERAL MARKETPLACE. (a) IN GENERAL.—The Immigration and 111(e), the; and The head of each executive agency shall Naturalization Service is abolished. (E) by striking ‘‘Immigration and Natu- conduct market research on an ongoing basis (b) REPEAL.—Section 4 of the Act of Feb- ralization Service’’, ‘‘Service’’, and ‘‘Serv- to identify effectively the capabilities, in- ruary 14, 1903, as amended (32 Stat. 826; relat- ice’s’’ each place they appear and inserting cluding the capabilities of small businesses ing to the establishment of the Immigration ‘‘Directorate of Immigration Affairs’’, ‘‘Di- and new entrants into Federal contracting, and Naturalization Service), is repealed. rectorate’’, and ‘‘Directorate’s’’, respec- that are available in the marketplace for SEC. 1102. ESTABLISHMENT OF DIRECTORATE OF tively. meeting the requirements of the executive IMMIGRATION AFFAIRS. (2) Section 6 of the Act entitled ‘‘An Act to agency in furtherance of defense against or (a) ESTABLISHMENT.—Title I of the Immi- authorize certain administrative expenses recovery from terrorism or nuclear, biologi- gration and Nationality Act (8 U.S.C. 1101 et for the Department of Justice, and for other cal, chemical, or radiological attack. The seq.) is amended— purposes’’, approved July 28, 1950 (64 Stat. head of the executive agency shall, to the (1) by inserting ‘‘CHAPTER 1—DEFINI- 380), is amended— maximum extent practicable, take advan- TIONS AND GENERAL AUTHORITIES’’ after (A) by striking ‘‘Immigration and Natu- tage of commercially available market re- ‘‘TITLE I—GENERAL’’; and ralization Service’’ and inserting ‘‘Direc- search methods, including use of commercial (2) by adding at the end the following: torate of Immigration Affairs’’; databases, to carry out the research. ‘‘CHAPTER 2—DIRECTORATE OF (B) by striking clause (a); and TITLE VI—EFFECTIVE DATE IMMIGRATION AFFAIRS (C) by redesignating clauses (b), (c), (d), SEC. 601. EFFECTIVE DATE. ‘‘SEC. 111. ESTABLISHMENT OF DIRECTORATE OF and (e) as clauses (a), (b), (c), and (d), respec- This division shall take effect 30 days after IMMIGRATION AFFAIRS. tively. the date of enactment of this Act or, if en- ‘‘(a) ESTABLISHMENT.—There is established (c) REFERENCES.—Any reference in any acted within 30 days before January 1, 2003, within the Department of Homeland Secu- statute, reorganization plan, Executive on January 1, 2003. rity the Directorate of Immigration Affairs. order, regulation, agreement, determination, ‘‘(b) PRINCIPAL OFFICERS.—The principal or other official document or proceeding to DIVISION B—IMMIGRATION REFORM, AC- officers of the Directorate are the following: the Immigration and Naturalization Service COUNTABILITY, AND SECURITY EN- ‘‘(1) The Under Secretary of Homeland Se- shall be deemed to refer to the Directorate of HANCEMENT ACT OF 2002 curity for Immigration Affairs appointed Immigration Affairs of the Department of SEC. 1001. SHORT TITLE. under section 112. Homeland Security, and any reference in the This division may be cited as the ‘‘Immi- ‘‘(2) The Assistant Secretary of Homeland immigration laws of the United States (as gration Reform, Accountability, and Secu- Security for Immigration Services appointed defined in section 111(e) of the Immigration rity Enhancement Act of 2002’’. under section 113. and Nationality Act, as added by this sec- SEC. 1002. DEFINITIONS. ‘‘(3) The Assistant Secretary of Homeland tion) to the Attorney General shall be In this division: Security for Enforcement and Border Affairs deemed to refer to the Secretary of Home- (1) ENFORCEMENT BUREAU.—The term ‘‘En- appointed under section 114. land Security, acting through the Under Sec- forcement Bureau’’ means the Bureau of En- ‘‘(c) FUNCTIONS.—Under the authority of retary of Homeland Security for Immigra- forcement and Border Affairs established in the Secretary of Homeland Security, the Di- tion Affairs.

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00173 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7990 CONGRESSIONAL RECORD — SENATE August 1, 2002 SEC. 1103. UNDER SECRETARY OF HOMELAND SE- ‘‘(A) serve as the chief legal officer for the (1) Section 7 of the Act of March 3, 1891, as CURITY FOR IMMIGRATION AFFAIRS. Directorate; and amended (26 Stat. 1085; relating to the estab- (a) IN GENERAL.—Chapter 2 of title I of the ‘‘(B) be responsible for providing special- lishment of the office of the Commissioner of Immigration and Nationality Act, as added ized legal advice, opinions, determinations, Immigration and Naturalization). by section 1102 of this Act, is amended by regulations, and any other assistance to the (2) Section 201 of the Act of June 20, 1956 adding at the end the following: Under Secretary with respect to legal mat- (70 Stat. 307; relating to the compensation of ‘‘SEC. 112. UNDER SECRETARY OF HOMELAND SE- ters affecting the Directorate, and any of its assistant commissioners and district direc- CURITY FOR IMMIGRATION AFFAIRS. components. tors). ‘‘(a) UNDER SECRETARY OF IMMIGRATION AF- ‘‘(d) FINANCIAL OFFICERS FOR THE DIREC- (3) Section 1 of the Act of March 2, 1895 (28 FAIRS.—The Directorate shall be headed by TORATE OF IMMIGRATION AFFAIRS.— Stat. 780; relating to special immigrant in- an Under Secretary of Homeland Security ‘‘(1) CHIEF FINANCIAL OFFICER.— spectors). for Immigration Affairs who shall be ap- ‘‘(A) IN GENERAL.—There shall be within (e) CONFORMING AMENDMENTS.—(1)(A) Sec- pointed in accordance with section 103(c) of the Directorate a Chief Financial Officer. tion 101(a)(8) of the Immigration and Nation- the Immigration and Nationality Act. ality Act (8 U.S.C. 1101(a)(8)) is amended to ‘‘(b) RESPONSIBILITIES OF THE UNDER SEC- The position of Chief Financial Officer shall read as follows: RETARY.— be a career reserved position in the Senior ‘‘(8) The term ‘Under Secretary’ means the ‘‘(1) IN GENERAL.—The Under Secretary Executive Service and shall have the au- Under Secretary of Homeland Security for shall be charged with any and all responsibil- thorities and functions described in section Immigration Affairs who is appointed under ities and authority in the administration of 902 of title 31, United States Code, in relation section 103(c).’’. the Directorate and of this Act which are to financial activities of the Directorate. For purposes of section 902(a)(1) of such title, the (B) Except as provided in subparagraph (C), conferred upon the Secretary as may be dele- the Immigration and Nationality Act (8 gated to the Under Secretary by the Sec- Under Secretary shall be deemed to be an agency head. U.S.C. 1101 et seq.) is amended by striking retary or which may be prescribed by the ‘‘Commissioner of Immigration and Natu- Secretary. ‘‘(B) FUNCTIONS.—The Chief Financial Offi- cer shall be responsible for directing, super- ralization’’ and ‘‘Commissioner’’ each place ‘‘(2) DUTIES.—Subject to the authority of they appear and inserting ‘‘Under Secretary the Secretary under paragraph (1), the Under vising, and coordinating all budget formulas and execution for the Directorate. of Homeland Security for Immigration Af- Secretary shall have the following duties: fairs’’ and ‘‘Under Secretary’’, respectively. ‘‘(A) IMMIGRATION POLICY.—The Under Sec- ‘‘(2) DEPUTY CHIEF FINANCIAL OFFICER.—The Directorate shall be deemed to be an agency (C) The amendments made by subpara- retary shall develop and implement policy graph (B) do not apply to references to the under the immigration laws of the United for purposes of section 903 of such title (relating to Deputy Chief Financial Officers). ‘‘Commissioner of Social Security’’ in sec- States. The Under Secretary shall propose, tion 290(c) of the Immigration and Nation- ‘‘(e) CHIEF OF POLICY.— promulgate, and issue rules, regulations, and ality Act (8 U.S.C. 1360(c)). ‘‘(1) IN GENERAL.—There shall be within the statements of policy with respect to any (2) Section 103 of the Immigration and Na- Directorate a Chief of Policy. Under the au- function within the jurisdiction of the Direc- tionality Act (8 U.S.C. 1103) is amended— thority of the Under Secretary, the Chief of torate. (A) in subsection (c), by striking ‘‘Commis- Policy shall be responsible for— ‘‘(B) ADMINISTRATION.—The Under Sec- sioner’’ and inserting ‘‘Under Secretary’’; ‘‘(A) establishing national immigration retary shall have responsibility for— (B) in the section heading, by striking policy and priorities; ‘‘(i) the administration and enforcement of ‘‘COMMISSIONER’’ and inserting ‘‘UNDER SEC- ‘‘(B) performing policy research and anal- the functions conferred upon the Directorate RETARY’’; ysis on issues arising under the immigration under section 1111(c) of this Act; and (C) in subsection (d), by striking ‘‘Commis- laws of the United States; and ‘‘(ii) the administration of the Directorate, sioner’’ and inserting ‘‘Under Secretary’’; ‘‘(C) coordinating immigration policy be- including the direction, supervision, and co- and tween the Directorate, the Service Bureau, ordination of the Bureau of Immigration (D) in subsection (e), by striking ‘‘Commis- and the Enforcement Bureau. Services and the Bureau of Enforcement and sioner’’ and inserting ‘‘Under Secretary’’. Border Affairs. ‘‘(2) WITHIN THE SENIOR EXECUTIVE SERV- (3) Sections 104 and 105 of the Immigration ‘‘(C) INSPECTIONS.—The Under Secretary ICE.—The position of Chief of Policy shall be and Nationality Act (8 U.S.C. 1104, 1105) are shall be directly responsible for the adminis- a Senior Executive Service position under amended by striking ‘‘Director’’ each place tration and enforcement of the functions of section 5382 of title 5, United States Code. it appears and inserting ‘‘Assistant Sec- the Directorate under the immigration laws ‘‘(f) CHIEF OF CONGRESSIONAL, INTERGOV- retary of State for Consular Affairs’’. of the United States with respect to the in- ERNMENTAL, AND PUBLIC AFFAIRS.— (4) Section 104(c) of the Immigration and spection of aliens arriving at ports of entry ‘‘(1) IN GENERAL.—There shall be within the Nationality Act (8 U.S.C. 1104(c)) is amend- of the United States. Directorate a Chief of Congressional, Inter- ed— ‘‘(3) ACTIVITIES.—As part of the duties de- governmental, and Public Affairs. Under the (A) in the first sentence, by striking ‘‘Pass- scribed in paragraph (2), the Under Secretary authority of the Under Secretary, the Chief port Office, a Visa Office,’’ and inserting ‘‘a shall do the following: of Congressional, Intergovernmental, and Passport Services office, a Visa Services of- ‘‘(A) RESOURCES AND PERSONNEL MANAGE- Public Affairs shall be responsible for— fice, an Overseas Citizen Services office,’’; MENT.—The Under Secretary shall manage ‘‘(A) providing to Congress information re- and the resources, personnel, and other support lating to issues arising under the immigra- (B) in the second sentence, by striking requirements of the Directorate. tion laws of the United States, including in- ‘‘the Passport Office and the Visa Office’’ ‘‘(B) INFORMATION RESOURCES MANAGE- formation on specific cases; and inserting ‘‘the Passport Services office MENT.—Under the direction of the Secretary, ‘‘(B) serving as a liaison with other Federal and the Visa Services office’’. the Under Secretary shall manage the infor- agencies on immigration issues; and (5) Section 5315 of title 5, United States mation resources of the Directorate, includ- ‘‘(C) responding to inquiries from, and pro- Code, is amended by striking the following: ing the maintenance of records and data- viding information to, the media on immi- ‘‘Commissioner of Immigration and Natu- bases and the coordination of records and gration issues. ralization, Department of Justice.’’. other information within the Directorate, ‘‘(2) WITHIN THE SENIOR EXECUTIVE SERV- (f) REFERENCES.—Any reference in any and shall ensure that the Directorate obtains ICE.—The position of Chief of Congressional, statute, reorganization plan, Executive and maintains adequate information tech- Intergovernmental, and Public Affairs shall order, regulation, agreement, determination, nology systems to carry out its functions. be a Senior Executive Service position under or other official document or proceeding to ‘‘(C) COORDINATION OF RESPONSE TO CIVIL section 5382 of title 5, United States Code.’’. the Commissioner of Immigration and Natu- RIGHTS VIOLATIONS.—The Under Secretary (b) COMPENSATION OF THE UNDER SEC- ralization shall be deemed to refer to the shall coordinate, with the Civil Rights Offi- RETARY.—Section 5314 of title 5, United Under Secretary of Homeland Security for cer of the Department of Homeland Security States Code, is amended by adding at the end Immigration Affairs. or other officials, as appropriate, the resolu- the following: SEC. 1104. BUREAU OF IMMIGRATION SERVICES. tion of immigration issues that involve civil ‘‘Under Secretary of Immigration Affairs, (a) IN GENERAL.—Chapter 2 of title I of the rights violations. Department of Justice.’’. Immigration and Nationality Act, as added ‘‘(3) DEFINITION.—In this chapter, the term (c) COMPENSATION OF GENERAL COUNSEL by section 1102 and amended by section 1103, ‘‘immigration policy, administration, and in- AND CHIEF FINANCIAL OFFICER.—Section 5316 is further amended by adding at the end the spection functions’’ means the duties, activi- of title 5, United States Code, is amended by following: ties, and powers described in this subsection. adding at the end the following: ‘‘SEC. 113. BUREAU OF IMMIGRATION SERVICES. ‘‘(c) GENERAL COUNSEL.— ‘‘General Counsel, Directorate of Immigra- ‘‘(a) ESTABLISHMENT OF BUREAU.— ‘‘(1) IN GENERAL.—There shall be within the tion Affairs, Department of Homeland Secu- ‘‘(1) IN GENERAL.—There is established Directorate a General Counsel, who shall be rity. within the Directorate a bureau to be known appointed by the Secretary of Homeland Se- ‘‘Chief Financial Officer, Directorate of as the Bureau of Immigration Services (in curity, in consultation with the Under Sec- Immigration Affairs, Department of Home- this chapter referred to as the ‘Service Bu- retary. land Security.’’. reau’). ‘‘(2) FUNCTION.—The General Counsel (d) REPEALS.—The following provisions of ‘‘(2) ASSISTANT SECRETARY.—The head of shall— law are repealed: the Service Bureau shall be the Assistant

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In the se- of misconduct or ill treatment made by the gration Services (in this chapter referred to lection of sites for the Service Bureau of- public and investigating the charges. as the ‘Assistant Secretary for Immigration fices, the Under Secretary shall consider the ‘‘(e) OFFICE OF QUALITY ASSURANCE.—There Services’), who— location’s proximity and accessibility to the shall be within the Enforcement Bureau an ‘‘(A) shall be appointed by the Secretary of community served, the workload for which Office of Quality Assurance that shall de- Homeland Security, in consultation with the that office shall be responsible, whether the velop procedures and conduct audits to— Under Secretary; and location would significantly reduce the ‘‘(1) ensure that the Directorate’s policies ‘‘(B) shall report directly to the Under Sec- backlog of cases in that given geographic with respect to immigration enforcement retary. area, whether the location will improve cus- functions are properly implemented; and ‘‘(b) RESPONSIBILITIES OF THE ASSISTANT tomer service, and whether the location is in ‘‘(2) ensure that Enforcement Bureau poli- SECRETARY.— a geographic area with an increase in the cies or practices result in sound record man- ‘‘(1) IN GENERAL.—Subject to the authority population to be served. The Under Sec- agement and efficient and accurate record- of the Secretary and the Under Secretary, retary shall conduct periodic reviews to as- keeping. the Assistant Secretary for Immigration sess whether the location and size of the re- ‘‘(f) TRAINING OF PERSONNEL.—The Assist- Services shall administer the immigration spective Service Bureau offices adequately ant Secretary for Immigration Enforcement, service functions of the Directorate. serve customer service needs. in consultation with the Under Secretary, ‘‘(2) IMMIGRATION SERVICE FUNCTIONS DE- (2) TRANSITION PROVISION.—In determining shall have responsibility for determining the FINED.—In this chapter, the term ‘immigra- the location of Service Bureau offices, in- training for all personnel of the Enforcement tion service functions’ means the following cluding suboffices and satellite offices, the Bureau.’’. functions under the immigration laws of the Under Secretary shall first consider main- (b) COMPENSATION OF ASSISTANT SECRETARY United States: taining and upgrading offices in existing geo- OF ENFORCEMENT BUREAU.—Section 5315 of ‘‘(A) Adjudications of petitions for classi- graphic locations that satisfy the provisions title 5, United States Code, is amended by fication of nonimmigrant and immigrant of paragraph (1). The Under Secretary shall adding at the end the following: status. also explore the feasibility and desirability ‘‘Assistant Security of Homeland Security ‘‘(B) Adjudications of applications for ad- of establishing new Service Bureau offices, for Enforcement and Border Affairs, Direc- justment of status and change of status. including suboffices and satellite offices, in torate of Immigration Affairs, Department ‘‘(C) Adjudications of naturalization appli- new geographic locations where there is a of Homeland Security.’’. cations. demonstrated need. (c) ENFORCEMENT BUREAU OFFICES.— ‘‘(D) Adjudications of asylum and refugee SEC. 1105. BUREAU OF ENFORCEMENT AND BOR- (1) IN GENERAL.—Under the direction of the applications. DER AFFAIRS. Secretary, the Under Secretary, acting ‘‘(E) Adjudications performed at Service (a) IN GENERAL.—Chapter 2 of title I of the through the Assistant Secretary for Immi- centers. Immigration and Nationality Act, as added gration Enforcement, shall establish En- ‘‘(F) Determinations concerning custody by section 1102 and amended by sections 1103 forcement Bureau offices, including sub- and parole of asylum seekers who do not and 1104, is further amended by adding at the offices and satellite offices, in appropriate have prior nonpolitical criminal records and end the following: municipalities and locations in the United who have been found to have a credible fear ‘‘SEC. 114. BUREAU OF ENFORCEMENT AND BOR- States. In the selection of sites for the En- of persecution, including determinations DER AFFAIRS. forcement Bureau offices, the Under Sec- under section 236B. ‘‘(a) ESTABLISHMENT OF BUREAU.— retary shall make selections according to ‘‘(G) All other adjudications under the im- ‘‘(1) IN GENERAL.—There is established trends in unlawful entry and unlawful pres- migration laws of the United States. within the Directorate a bureau to be known ence, alien smuggling, national security con- ‘‘(c) CHIEF BUDGET OFFICER OF THE SERVICE as the Bureau of Enforcement and Border Af- cerns, the number of Federal prosecutions of BUREAU.—There shall be within the Service fairs (in this chapter referred to as the ‘En- immigration-related offenses in a given geo- Bureau a Chief Budget Officer. Under the au- forcement Bureau’). graphic area, and other enforcement consid- thority of the Chief Financial Officer of the ‘‘(2) ASSISTANT SECRETARY.—The head of erations. The Under Secretary shall conduct Directorate, the Chief Budget Officer of the the Enforcement Bureau shall be the Assist- periodic reviews to assess whether the loca- Service Bureau shall be responsible for moni- ant Secretary of Homeland Security for En- tion and size of the respective Enforcement toring and supervising all financial activi- forcement and Border Affairs (in this chapter Bureau offices adequately serve enforcement ties of the Service Bureau. referred to as the ‘Assistant Secretary for needs. ‘‘(d) QUALITY ASSURANCE.—There shall be (2) TRANSITION PROVISION.—In determining within the Service Bureau an Office of Qual- Immigration Enforcement’), who— ‘‘(A) shall be appointed by the Secretary of the location of Enforcement Bureau offices, ity Assurance that shall develop procedures including suboffices and satellite offices, the and conduct audits to— Homeland Security, in consultation with the Under Secretary; and Under Secretary shall first consider main- ‘‘(1) ensure that the Directorate’s policies taining and upgrading offices in existing geo- with respect to the immigration service ‘‘(B) shall report directly to the Under Sec- retary. graphic locations that satisfy the provisions functions of the Directorate are properly im- of paragraph (1). The Under Secretary shall plemented; and ‘‘(b) RESPONSIBILITIES OF THE ASSISTANT SECRETARY.— also explore the feasibility and desirability ‘‘(2) ensure that Service Bureau policies or of establishing new Enforcement Bureau of- practices result in sound records manage- ‘‘(1) IN GENERAL.—Subject to the authority of the Secretary and the Under Secretary, fices, including suboffices and satellite of- ment and efficient and accurate service. fices, in new geographic locations where ‘‘(e) OFFICE OF PROFESSIONAL RESPONSI- the Assistant Secretary for Immigration En- there is a demonstrated need. BILITY.—There shall be within the Service forcement shall administer the immigration Bureau an Office of Professional Responsi- enforcement functions of the Directorate. SEC. 1106. OFFICE OF THE OMBUDSMAN WITHIN THE DIRECTORATE. bility that shall have the responsibility for ‘‘(2) IMMIGRATION ENFORCEMENT FUNCTIONS ensuring the professionalism of the Service DEFINED.—In this chapter, the term ‘immi- (a) IN GENERAL.—Chapter 2 of title I of the Bureau and for receiving and investigating gration enforcement functions’ means the Immigration and Nationality Act, as added charges of misconduct or ill treatment made following functions under the immigration by section 1102 and amended by sections 1103, by the public. laws of the United States: 1104, and 1105, is further amended by adding ‘‘(f) TRAINING OF PERSONNEL.—The Assist- ‘‘(A) The border patrol function. at the end the following: ant Secretary for Immigration Services, in ‘‘(B) The detention function, except as ‘‘SEC. 115. OFFICE OF THE OMBUDSMAN FOR IM- consultation with the Under Secretary, shall specified in section 113(b)(2)(F). MIGRATION AFFAIRS. have responsibility for determining the ‘‘(C) The removal function. ‘‘(a) IN GENERAL.—There is established training for all personnel of the Service Bu- ‘‘(D) The intelligence function. within the Directorate the Office of the Om- reau.’’. ‘‘(E) The investigations function. budsman for Immigration Affairs, which (b) COMPENSATION OF ASSISTANT SECRETARY ‘‘(c) CHIEF BUDGET OFFICER OF THE EN- shall be headed by the Ombudsman. OF SERVICE BUREAU.—Section 5315 of title 5, FORCEMENT BUREAU.—There shall be within ‘‘(b) OMBUDSMAN.— United States Code, is amended by adding at the Enforcement Bureau a Chief Budget Offi- ‘‘(1) APPOINTMENT.—The Ombudsman shall the end the following: cer. Under the authority of the Chief Finan- be appointed by the Secretary of Homeland ‘‘Assistant Secretary of Homeland Secu- cial Officer of the Directorate, the Chief Security, in consultation with the Under rity for Immigration Services, Directorate of Budget Officer of the Enforcement Bureau Secretary. The Ombudsman shall report di- Immigration Affairs, Department of Home- shall be responsible for monitoring and su- rectly to the Under Secretary. land Security.’’. pervising all financial activities of the En- ‘‘(2) COMPENSATION.—The Ombudsman shall (c) SERVICE BUREAU OFFICES.— forcement Bureau. be entitled to compensation at the same rate (1) IN GENERAL.—Under the direction of the ‘‘(d) OFFICE OF PROFESSIONAL RESPONSI- as the highest rate of basic pay established Secretary, the Under Secretary, acting BILITY.—There shall be within the Enforce- for the Senior Executive Service under sec- through the Assistant Secretary for Immi- ment Bureau an Office of Professional Re- tion 5382 of title 5, United States Code, or, if gration Services, shall establish Service Bu- sponsibility that shall have the responsi- the Secretary of Homeland Security so de- reau offices, including suboffices and sat- bility for ensuring the professionalism of the termines, at a rate fixed under section 9503 of ellite offices, in appropriate municipalities Enforcement Bureau and receiving charges such title.

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‘‘(c) FUNCTIONS OF OFFICE.—The functions the ‘Office’), which shall be headed by a Di- ‘‘Sec. 115. Office of the Ombudsman for Im- of the Office of the Ombudsman for Immigra- rector who shall be appointed by the Sec- migration Affairs. tion Affairs shall include— retary of Homeland Security, in consultation ‘‘Sec. 116. Office of Immigration Statis- ‘‘(1) to assist individuals in resolving prob- with the Under Secretary. The Office shall tics.’’. lems with the Directorate or any component collect, maintain, compile, analyze, publish, Subtitle B—Transition Provisions thereof; and disseminate information and statistics SEC. 1111. TRANSFER OF FUNCTIONS. about immigration in the United States, in- ‘‘(2) to identify systemic problems encoun- (a) IN GENERAL.— cluding information and statistics involving tered by the public in dealings with the Di- (1) FUNCTIONS OF THE ATTORNEY GENERAL.— rectorate or any component thereof; the functions of the Directorate and the Ex- All functions under the immigration laws of ‘‘(3) to propose changes in the administra- ecutive Office for Immigration Review (or its the United States vested by statute in, or ex- tive practices or regulations of the Direc- successor entity). ercised by, the Attorney General, imme- ‘‘(b) RESPONSIBILITIES OF DIRECTOR.—The torate, or any component thereof, to miti- diately prior to the effective date of this Director of the Office shall be responsible for gate problems identified under paragraph (2); title, are transferred to the Secretary on the following: ‘‘(4) to identify potential changes in statu- such effective date for exercise by the Sec- ‘‘(1) STATISTICAL INFORMATION.—Mainte- tory law that may be required to mitigate retary through the Under Secretary in ac- nance of all immigration statistical informa- such problems; and cordance with section 112(b) of the Immigra- tion of the Directorate of Immigration Af- ‘‘(5) to monitor the coverage and geo- tion and Nationality Act, as added by sec- fairs. graphic distribution of local offices of the tion 1103 of this Act. ‘‘(2) STANDARDS OF RELIABILITY AND VALID- Directorate. (2) FUNCTIONS OF THE COMMISSIONER OR THE ITY.—Establishment of standards of reli- ‘‘(d) PERSONNEL ACTIONS.—The Ombuds- INS.—All functions under the immigration ability and validity for immigration statis- man shall have the responsibility and au- laws of the United States vested by statute tics collected by the Bureau of Immigration thority to appoint local or regional rep- in, or exercised by, the Commissioner of Im- Services, the Bureau of Enforcement, and resentatives of the Ombudsman’s Office as in migration and Naturalization or the Immi- the Executive Office for Immigration Review the Ombudsman’s judgment may be nec- gration and Naturalization Service (or any (or its successor entity). essary to address and rectify problems. officer, employee, or component thereof), im- ‘‘(c) RELATION TO THE DIRECTORATE OF IM- ‘‘(e) ANNUAL REPORT.—Not later than De- mediately prior to the effective date of this MIGRATION AFFAIRS AND THE EXECUTIVE OF- cember 31 of each year, the Ombudsman shall title, are transferred to the Directorate of FICE FOR IMMIGRATION REVIEW.— submit a report to the Committee on the Ju- Immigration Affairs on such effective date ‘‘(1) OTHER AUTHORITIES.—The Directorate diciary of the House of Representatives and for exercise by the Under Secretary in ac- the Committee on the Judiciary of the Sen- and the Executive Office for Immigration Review (or its successor entity) shall provide cordance with section 112(b) of the Immigra- ate on the activities of the Ombudsman dur- tion and Nationality Act, as added by sec- ing the fiscal year ending in that calendar statistical information to the Office from the operational data systems controlled by tion 1103 of this Act. year. Each report shall contain a full and (b) EXERCISE OF AUTHORITIES.—Except as the Directorate and the Executive Office for substantive analysis, in addition to statis- otherwise provided by law, the Under Sec- Immigration Review (or its successor enti- tical information, and shall contain— retary may, for purposes of performing any ty), respectively, as requested by the Office, ‘‘(1) a description of the initiatives that function transferred to the Directorate of for the purpose of meeting the responsibil- the Office of the Ombudsman has taken on Immigration Affairs under subsection (a), ex- ities of the Director of the Office. improving the responsiveness of the Direc- ercise all authorities under any other provi- ‘‘(2) DATABASES.—The Director of the Of- torate; sion of law that were available with respect fice, under the direction of the Secretary, ‘‘(2) a summary of serious or systemic to the performance of that function to the shall ensure the interoperability of the data- problems encountered by the public, includ- official responsible for the performance of bases of the Directorate, the Bureau of Im- ing a description of the nature of such prob- the function immediately before the effec- migration Services, the Bureau of Enforce- lems; tive date of the transfer of the function ment, and the Executive Office for Immigra- ‘‘(3) an accounting of the items described under this title. in paragraphs (1) and (2) for which action has tion Review (or its successor entity) to permit the Director of the Office to perform the SEC. 1112. TRANSFER OF PERSONNEL AND been taken, and the result of such action; OTHER RESOURCES. duties of such office.’’. ‘‘(4) an accounting of the items described Subject to section 1531 of title 31, United in paragraphs (1) and (2) for which action re- (b) TRANSFER OF FUNCTIONS.—There are transferred to the Directorate of Immigra- States Code, upon the effective date of this mains to be completed; title, there are transferred to the Under Sec- ‘‘(5) an accounting of the items described tion Affairs for exercise by the Under Sec- retary through the Office of Immigration retary for appropriate allocation in accord- in paragraphs (1) and (2) for which no action ance with section 1115— has been taken, the reasons for the inaction, Statistics established by section 116 of the Immigration and Nationality Act, as added (1) the personnel of the Department of Jus- and identify any Agency official who is re- tice employed in connection with the func- sponsible for such inaction; by subsection (a), the functions performed by the Statistics Branch of the Office of Policy tions transferred under this title; and ‘‘(6) recommendations as may be appro- (2) the assets, liabilities, contracts, prop- priate to resolve problems encountered by and Planning of the Immigration and Natu- ralization Service, and the statistical func- erty, records, and unexpended balance of ap- the public; propriations, authorizations, allocations, ‘‘(7) recommendations as may be appro- tions performed by the Executive Office for Immigration Review (or its successor enti- and other funds employed, held, used, arising priate to resolve problems encountered by from, available to, or to be made available to the public, including problems created by ty), on the day before the effective date of this title. the Immigration and Naturalization Service backlogs in the adjudication and processing in connection with the functions transferred SEC. 1108. CLERICAL AMENDMENTS. of petitions and applications; pursuant to this title. ‘‘(8) recommendations to resolve problems The table of contents of the Immigration SEC. 1113. DETERMINATIONS WITH RESPECT TO caused by inadequate funding or staffing; and Nationality Act is amended— (1) by inserting after the item relating to FUNCTIONS AND RESOURCES. and Under the direction of the Secretary, the the heading for title I the following: ‘‘(9) such other information as the Ombuds- Under Secretary shall determine, in accord- man may deem advisable. ‘‘CHAPTER 1—DEFINITIONS AND GENERAL ance with the corresponding criteria set ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— AUTHORITIES’’; forth in sections 1112(b), 1113(b), and 1114(b) ‘‘(1) IN GENERAL.—There are authorized to (2) by striking the item relating to section of the Immigration and Nationality Act (as be appropriated to the Office of the Ombuds- 103 and inserting the following: added by this title)— man such sums as may be necessary to carry ‘‘Sec. 103. Powers and duties of the Sec- (1) which of the functions transferred out its functions. retary of Homeland Security under section 1111 are— ‘‘(2) AVAILABILITY OF FUNDS.—Amounts ap- and the Under Secretary of (A) immigration policy, administration, propriated pursuant to paragraph (1) are au- Homeland Security for Immi- and inspection functions; thorized to remain available until ex- gration Affairs.’’; (B) immigration service functions; and pended.’’. and (C) immigration enforcement functions; SEC. 1107. OFFICE OF IMMIGRATION STATISTICS (3) by inserting after the item relating to and WITHIN THE DIRECTORATE. section 106 the following: (2) which of the personnel, assets, liabil- (a) IN GENERAL.—Chapter 2 of title I of the ‘‘CHAPTER 2—DIRECTORATE OF IMMIGRATION ities, grants, contracts, property, records, Immigration and Nationality Act, as added AFFAIRS and unexpended balances of appropriations, by section 1102 and amended by sections 1103, ‘‘Sec. 111. Establishment of Directorate of authorizations, allocations, and other funds 1104, and 1105, is further amended by adding Immigration Affairs. transferred under section 1112 were held or at the end the following: ‘‘Sec. 112. Under Secretary of Homeland Se- used, arose from, were available to, or were ‘‘SEC. 116. OFFICE OF IMMIGRATION STATISTICS. curity for Immigration Affairs. made available, in connection with the per- ‘‘(a) ESTABLISHMENT.—There is established ‘‘Sec. 113. Bureau of Immigration Services. formance of the respective functions speci- within the Directorate an Office of Immigra- ‘‘Sec. 114. Bureau of Enforcement and Bor- fied in paragraph (1) immediately prior to tion Statistics (in this section referred to as der Affairs. the effective date of this title.

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SEC. 1114. DELEGATION AND RESERVATION OF Under Secretary shall maintain oversight (f) ADMINISTRATIVE PROCEDURE AND JUDI- FUNCTIONS. and control over the shared computer data- CIAL REVIEW.—Except as otherwise provided (a) IN GENERAL.— bases and systems and records management. by this title, any statutory requirements re- ELEGATION TO THE BUREAUS (1) D .—Under SEC. 1116. SAVINGS PROVISIONS. lating to notice, hearings, action upon the the direction of the Secretary, and subject to (a) LEGAL DOCUMENTS.—All orders, deter- record, or administrative or judicial review section 112(b)(1) of the Immigration and Na- minations, rules, regulations, permits, that apply to any function transferred under tionality Act (as added by section 1103), the grants, loans, contracts, recognition of labor this title shall apply to the exercise of such Under Secretary shall delegate— organizations, agreements, including collec- function by the head of the office, and other (A) immigration service functions to the tive bargaining agreements, certificates, li- officers of the office, to which such function Assistant Secretary for Immigration Serv- censes, and privileges— is transferred. ices; and (1) that have been issued, made, granted, or SEC. 1117. INTERIM SERVICE OF THE COMMIS- (B) immigration enforcement functions to allowed to become effective by the Presi- SIONER OF IMMIGRATION AND NAT- the Assistant Secretary for Immigration En- dent, the Attorney General, the Commis- URALIZATION. forcement. sioner of the Immigration and Naturaliza- The individual serving as the Commis- (2) RESERVATION OF FUNCTIONS.—Subject to tion Service, their delegates, or any other sioner of Immigration and Naturalization on section 112(b)(1) of the Immigration and Na- Government official, or by a court of com- the day before the effective date of this title tionality Act (as added by section 1103), im- petent jurisdiction, in the performance of may serve as Under Secretary until the date migration policy, administration, and in- any function that is transferred under this on which an Under Secretary is appointed spection functions shall be reserved for exer- title; and under section 112 of the Immigration and Na- cise by the Under Secretary. (2) that are in effect on the effective date tionality Act, as added by section 1103. (b) NONEXCLUSIVE DELEGATIONS AUTHOR- of such transfer (or become effective after SEC. 1118. EXECUTIVE OFFICE FOR IMMIGRATION IZED.—Delegations made under subsection (a) REVIEW AUTHORITIES NOT AF- may be on a nonexclusive basis as the Under such date pursuant to their terms as in effect on such effective date); FECTED. Secretary may determine may be necessary Nothing in this title, or any amendment to ensure the faithful execution of the Under shall continue in effect according to their terms until modified, terminated, super- made by this title, may be construed to au- Secretary’s responsibilities and duties under thorize or require the transfer or delegation law. seded, set aside, or revoked in accordance with law by the President, any other author- of any function vested in, or exercised by the (c) EFFECT OF DELEGATIONS.—Except as Executive Office for Immigration Review of otherwise expressly prohibited by law or oth- ized official, a court of competent jurisdiction, or operation of law, except that any the Department of Justice (or its successor erwise provided in this title, the Under Sec- entity), or any officer, employee, or compo- retary may make delegations under this sub- collective bargaining agreement shall remain in effect until the date of termination nent thereof immediately prior to the effec- section to such officers and employees of the tive date of this title. office of the Under Secretary, the Service specified in the agreement. SEC. 1119. OTHER AUTHORITIES NOT AFFECTED. Bureau, and the Enforcement Bureau, re- (b) PROCEEDINGS.— Nothing in this title, or any amendment spectively, as the Under Secretary may des- (1) PENDING.—Sections 111 through 116 of made by this title, may be construed to au- ignate, and may authorize successive redele- the Immigration and Nationality Act, as thorize or require the transfer or delegation gations of such functions as may be nec- added by subtitle A of this title, shall not af- of any function vested in, or exercised by— essary or appropriate. No delegation of func- fect any proceeding or any application for (1) the Secretary of State under the State tions under this subsection or under any any benefit, service, license, permit, certifi- Department Basic Authorities Act of 1956, or other provision of this title shall relieve the cate, or financial assistance pending on the under the immigration laws of the United official to whom a function is transferred effective date of this title before an office States, immediately prior to the effective under this title of responsibility for the ad- whose functions are transferred under this date of this title, with respect to the ministration of the function. title, but such proceedings and applications issuance and use of passports and visas; (d) STATUTORY CONSTRUCTION.—Nothing in shall be continued. this division may be construed to limit the (2) ORDERS.—Orders shall be issued in such (2) the Secretary of Labor or any official of authority of the Under Secretary, acting di- proceedings, appeals shall be taken there- the Department of Labor immediately prior rectly or by delegation under the Secretary, from, and payments shall be made pursuant to the effective date of this title, with re- to establish such offices or positions within to such orders, as if this Act had not been en- spect to labor certifications or any other au- the Directorate of Immigration Affairs, in acted, and orders issued in any such pro- thority under the immigration laws of the addition to those specified by this division, ceeding shall continue in effect until modi- United States; or as the Under Secretary may determine to be fied, terminated, superseded, or revoked by a (3) except as otherwise specifically pro- necessary to carry out the functions of the duly authorized official, by a court of com- vided in this division, any other official of Directorate. petent jurisdiction, or by operation of law. the Federal Government under the immigration laws of the United States immediately SEC. 1115. ALLOCATION OF PERSONNEL AND (3) DISCONTINUANCE OR MODIFICATION.— OTHER RESOURCES. Nothing in this section shall be considered to prior to the effective date of this title. (a) AUTHORITY OF THE UNDER SECRETARY.— prohibit the discontinuance or modification SEC. 1120. TRANSITION FUNDING. (1) IN GENERAL.—Subject to paragraph (2) of any such proceeding under the same terms (a) AUTHORIZATION OF APPROPRIATIONS FOR and section 1114(b), the Under Secretary and conditions and to the same extent that TRANSITION.— shall make allocations of personnel, assets, such proceeding could have been discon- (1) IN GENERAL.—There are authorized to be liabilities, grants, contracts, property, tinued or modified if this section had not appropriated to the Department of Homeland records, and unexpended balances of appro- been enacted. Security such sums as may be necessary— priations, authorizations, allocations, and (c) SUITS.—This title, and the amendments (A) to effect— other funds held, used, arising from, avail- made by this title, shall not affect suits com- (i) the abolition of the Immigration and able to, or to be made available in connec- menced before the effective date of this title, Naturalization Service; tion with the performance of the respective and in all such suits, proceeding shall be had, (ii) the establishment of the Directorate of functions, as determined under section 1113, appeals taken, and judgments rendered in Immigration Affairs and its components, the in accordance with the delegation of func- the same manner and with the same effect as Bureau of Immigration Services, and the Bu- tions and the reservation of functions made if this title, and the amendments made by reau of Enforcement and Border Affairs; and under section 1114. this title, had not been enacted. (iii) the transfer of functions required to be (2) LIMITATION.—Unexpended funds trans- (d) NONABATEMENT OF ACTIONS.—No suit, made under this division; and ferred pursuant to section 1112 shall be used action, or other proceeding commenced by or (B) to carry out any other duty that is only for the purposes for which the funds against the Department of Justice or the Im- made necessary by this division, or any were originally authorized and appropriated. migration and Naturalization Service, or by amendment made by this division. (b) AUTHORITY TO TERMINATE AFFAIRS OF or against any individual in the official ca- (2) ACTIVITIES SUPPORTED.—Activities sup- INS.—The Attorney General in consultation pacity of such individual as an officer or em- ported under paragraph (1) include— with the Secretary, shall provide for the ter- ployee in connection with a function trans- (A) planning for the transfer of functions mination of the affairs of the Immigration ferred pursuant to this section, shall abate from the Immigration and Naturalization and Naturalization Service and such further by reason of the enactment of this Act. Service to the Directorate of Immigration measures and dispositions as may be nec- (e) CONTINUANCE OF SUIT WITH SUBSTI- Affairs, including the preparation of any re- essary to effectuate the purposes of this divi- TUTION OF PARTIES.—If any Government offi- ports and implementation plans necessary sion. cer in the official capacity of such officer is for such transfer; (c) TREATMENT OF SHARED RESOURCES.— party to a suit with respect to a function of (B) the division, acquisition, and disposi- The Under Secretary is authorized to provide the officer, and such function is transferred tion of— for an appropriate allocation, or coordina- under this title to any other officer or office, (i) buildings and facilities; tion, or both, of resources involved in sup- then such suit shall be continued with the (ii) support and infrastructure resources; porting shared support functions for the of- other officer or the head of such other office, and fice of the Under Secretary, the Service Bu- as applicable, substituted or added as a (iii) computer hardware, software, and re- reau, and the Enforcement Bureau. The party. lated documentation;

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(C) other capital expenditures necessary to posited into the account established under (c) TECHNOLOGY ADVISORY COMMITTEE.— effect the transfer of functions described in paragraph (1) that is for the bureau with ju- (1) ESTABLISHMENT.—Not later than 1 year this paragraph; risdiction over the function to which the fee after the effective date of division A, the (D) revision of forms, stationery, logos, relates. Under Secretary shall establish, after con- and signage; (3) FEES NOT TRANSFERABLE.—No fee may sultation with the Committees on the Judi- (E) expenses incurred in connection with be transferred between the Bureau of Immi- ciary of the Senate and the House of Rep- the transfer and training of existing per- gration Services and the Bureau of Enforce- resentatives, an advisory committee (in this sonnel and hiring of new personnel; and ment and Border Affairs for purposes not au- section referred to as the ‘‘Technology Advi- (F) such other expenses necessary to effect thorized by section 286 of the Immigration sory Committee’’) to assist the Under Sec- the transfers, as determined by the Sec- and Nationality Act, as amended by sub- retary in— retary. section (a). (A) establishing the tracking system under (b) AVAILABILITY OF FUNDS.—Amounts ap- (e) AUTHORIZATION OF APPROPRIATIONS FOR subsection (a); and propriated pursuant to subsection (a) are au- BACKLOG REDUCTION.— (B) conducting the study under subsection thorized to remain available until expended. (1) IN GENERAL.—There are authorized to be (b). (c) TRANSITION ACCOUNT.— appropriated such sums as may be necessary (2) COMPOSITION.—The Technology Advi- (1) ESTABLISHMENT.—There is established for each of the fiscal years 2003 through 2006 sory Committee shall be composed of— in the general fund of the Treasury of the to carry out the Immigration Services and (A) experts from the public and private sec- United States a separate account, which Infrastructure Improvement Act of 2000 (title tor capable of establishing and implementing shall be known as the ‘‘Directorate of Immi- II of Public Law 106–313). the system in an expeditious manner; and gration Affairs Transition Account’’ (in this (2) AVAILABILITY OF FUNDS.—Amounts ap- (B) representatives of persons or entities section referred to as the ‘‘Account’’). propriated under paragraph (1) are author- who may use the tracking system described (2) USE OF ACCOUNT.—There shall be depos- ized to remain available until expended. in subsection (a) and the on-line filing sys- ited into the Account all amounts appro- (3) INFRASTRUCTURE IMPROVEMENT AC- tem described in subsection (b)(1). priated under subsection (a) and amounts re- COUNT.—Amounts appropriated under paragraph (1) shall be deposited into the Immi- SEC. 1123. ALTERNATIVES TO DETENTION OF programmed for the purposes described in ASYLUM SEEKERS. subsection (a). gration Services and Infrastructure Improve- ments Account established by section (a) ASSIGNMENTS OF ASYLUM OFFICERS.— (d) REPORT TO CONGRESS ON TRANSITION.— The Under Secretary shall assign asylum of- Beginning not later than 90 days after the ef- 204(a)(2) of title II of Public Law 106–313. SEC. 1122. APPLICATION OF INTERNET-BASED ficers to major ports of entry in the United fective date of division A of this Act, and at States to assist in the inspection of asylum the end of each fiscal year in which appro- TECHNOLOGIES. (a) ESTABLISHMENT OF ON-LINE DATA- seekers. For other ports of entry, the Under priations are made pursuant to subsection BASE.— Secretary shall take steps to ensure that (c), the Secretary of Homeland Security (1) IN GENERAL.—Not later than 2 years asylum officers participate in the inspec- shall submit a report to Congress concerning after the effective date of division A, the tions process. the availability of funds to cover transition Secretary, in consultation with the Under (b) AMENDMENT OF THE IMMIGRATION AND costs, including— Secretary and the Technology Advisory NATIONALITY ACT.—Chapter 4 of title II of (1) any unobligated balances available for Committee, shall establish an Internet-based the Immigration and Nationality Act (8 such purposes; and system that will permit an immigrant, non- U.S.C. 1221 et seq.) is amended by inserting (2) a calculation of the amount of appro- immigrant, employer, or other person who after section 236A the following new section: priations that would be necessary to fully files any application, petition, or other refund the activities described in subsection ‘‘SEC. 236B. ALTERNATIVES TO DETENTION OF quest for any benefit under the immigration (a). ASYLUM SEEKERS. laws of the United States access to on-line (e) EFFECTIVE DATE.—This section shall ‘‘(a) DEVELOPMENT OF ALTERNATIVES TO DE- information about the processing status of take effect 1 year after the effective date of TENTION.—The Under Secretary shall— the application, petition, or other request. division A of this Act. ‘‘(1) authorize and promote the utilization (2) PRIVACY CONSIDERATIONS.—The Under of alternatives to the detention of asylum Subtitle C—Miscellaneous Provisions Secretary shall consider all applicable pri- seekers who do not have nonpolitical crimi- SEC. 1121. FUNDING ADJUDICATION AND NATU- vacy issues in the establishment of the Inter- nal records; and RALIZATION SERVICES. net system described in paragraph (1). No ‘‘(2) establish conditions for the detention (a) LEVEL OF FEES.—Section 286(m) of the personally identifying information shall be of asylum seekers that ensure a safe and hu- Immigration and Nationality Act (8 U.S.C. accessible to unauthorized persons. mane environment. 1356(m)) is amended by striking ‘‘services, in- (3) MEANS OF ACCESS.—The on-line informa- ‘‘(b) SPECIFIC ALTERNATIVES FOR CONSIDER- cluding the costs of similar services provided tion under the Internet system described in ATION.—The Under Secretary shall consider without charge to asylum applicants or paragraph (1) shall be accessible to the per- the following specific alternatives to the de- other immigrants’’ and inserting ‘‘services’’. sons described in paragraph (1) through a tention of asylum seekers described in sub- (b) USE OF FEES.— personal identification number (PIN) or section (a): (1) IN GENERAL.—Each fee collected for the other personalized password. ‘‘(1) Parole from detention. provision of an adjudication or naturaliza- (4) PROHIBITION ON FEES.—The Under Sec- ‘‘(2) For individuals not otherwise qualified tion service shall be used only to fund adju- retary shall not charge any immigrant, non- for parole under paragraph (1), parole with dication or naturalization services or, sub- immigrant, employer, or other person de- appearance assistance provided by private ject to the availability of funds provided pur- scribed in paragraph (1) a fee for access to nonprofit voluntary agencies with expertise suant to subsection (c), costs of similar serv- the information in the database that per- in the legal and social needs of asylum seek- ices provided without charge to asylum and tains to that person. ers. refugee applicants. (b) FEASIBILITY STUDY FOR ON-LINE FILING ‘‘(3) For individuals not otherwise qualified AND IMPROVED PROCESSING.— (2) PROHIBITION.—No fee may be used to for parole under paragraph (1) or (2), non-se- (1) ON-LINE FILING.— fund adjudication- or naturalization-related cure shelter care or group homes operated by (A) IN GENERAL.—The Under Secretary, in audits that are not regularly conducted in private nonprofit voluntary agencies with consultation with the Technology Advisory the normal course of operation. expertise in the legal and social needs of asy- Committee, shall conduct a study to deter- (c) REFUGEE AND ASYLUM ADJUDICATION lum seekers. mine the feasibility of on-line filing of the SERVICES.— ‘‘(4) Noninstitutional settings for minors documents described in subsection (a). (1) AUTHORIZATION OF APPROPRIATIONS.—In such as foster care or group homes operated (B) STUDY ELEMENTS.—The study shall— addition to such sums as may be otherwise by private nonprofit voluntary agencies with (i) include a review of computerization and available for such purposes, there are au- expertise in the legal and social needs of asy- technology of the Immigration and Natu- thorized to be appropriated such sums as lum seekers. may be necessary to carry out the provisions ralization Service (or successor agency) re- ‘‘(c) REGULATIONS.—The Under Secretary of sections 207 through 209 of the Immigra- lating to immigration services and the proc- shall promulgate such regulations as may be tion and Nationality Act. essing of such documents; necessary to carry out this section. (2) AVAILABILITY OF FUNDS.—Funds appro- (ii) include an estimate of the time-frame priated pursuant to paragraph (1) are author- and costs of implementing on-line filing of ‘‘(d) DEFINITION.—In this section, the term ized to remain available until expended. such documents; and ‘asylum seeker’ means any applicant for asylum under section 208 or any alien who indi- (d) SEPARATION OF FUNDING.— (iii) consider other factors in imple- cates an intention to apply for asylum under (1) IN GENERAL.—There shall be established menting such a filing system, including the separate accounts in the Treasury of the feasibility of the payment of fees on-line. that section.’’. United States for appropriated funds and (2) REPORT.—Not later than 2 years after (b) CLERICAL AMENDMENT.—The table of other collections available for the Bureau of the effective date of division A, the Under contents of the Immigration and Nationality Immigration Services and the Bureau of En- Secretary shall submit to the Committees on Act is amended by inserting after the item forcement and Border Affairs. the Judiciary of the Senate and the House of relating to section 236A the following new (2) FEES.—Fees imposed for a particular Representatives a report on the findings of item: service, application, or benefit shall be de- the study conducted under this subsection. ‘‘Sec. 236B. Alternatives to detention of asylum seekers.’’.

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00178 Fmt 4637 Sfmt 0655 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 1, 2002 CONGRESSIONAL RECORD — SENATE S7995 Subtitle D—Effective Date (B) making placement, release, and deten- SEC. 1212. ESTABLISHMENT OF INTERAGENCY TASK FORCE ON UNACCOMPANIED SEC. 1131. EFFECTIVE DATE. tion determinations for all unaccompanied alien children in the custody of the Office; ALIEN CHILDREN. This title, and the amendments made by (a) ESTABLISHMENT.—There is established (C) implementing the placement, release, this title, shall take effect one year after the an Interagency Task Force on Unaccom- and detention determinations made by the effective date of division A of this Act. panied Alien Children. Office; TITLE XII—UNACCOMPANIED ALIEN (b) COMPOSITION.—The Task Force shall CHILD PROTECTION (D) convening, in the absence of the Assist- consist of the following members: ant Secretary, Administration for Children SEC. 1201. SHORT TITLE. (1) The Assistant Secretary, Administra- and Families of the Department of Health This title may be cited as the ‘‘Unaccom- tion for Children and Families, Department and Human Services, the Interagency Task panied Alien Child Protection Act of 2002’’. of Health and Human Services. Force on Unaccompanied Alien Children es- (2) The Under Secretary of Homeland Secu- SEC. 1202. DEFINITIONS. tablished in section 1212; rity for Immigration Affairs. (a) IN GENERAL.—In this title: (E) identifying a sufficient number of (3) The Assistant Secretary of State for (1) DIRECTOR.—The term ‘‘Director’’ means qualified persons, entities, and facilities to Population, Refugees, and Migration. the Director of the Office. house unaccompanied alien children in ac- (4) The Director. (2) OFFICE.—The term ‘‘Office’’ means the cordance with sections 1222 and 1223; (5) Such other officials in the executive Office of Refugee Resettlement as estab- (F) overseeing the persons, entities, and fa- branch of Government as may be designated lished by section 411 of the Immigration and cilities described in sections 1222 and 1223 to by the President. Nationality Act. ensure their compliance with such provi- (c) CHAIRMAN.—The Task Force shall be (3) SERVICE.—The term ‘‘Service’’ means sions; chaired by the Assistant Secretary, Adminis- the Immigration and Naturalization Service (G) compiling, updating, and publishing at tration for Children and Families, Depart- (or, upon the effective date of title XI, the ment of Health and Human Services. Directorate of Immigration Affairs). least annually a State-by-State list of professionals or other entities qualified to con- (d) ACTIVITIES OF THE TASK FORCE.—In con- (4) UNACCOMPANIED ALIEN CHILD.—The term sultation with nongovernmental organiza- ‘‘unaccompanied alien child’’ means a child tract with the Office to provide the services described in sections 1231 and 1232; tions, the Task Force shall— who— (1) measure and evaluate the progress of (A) has no lawful immigration status in (H) maintaining statistical information and other data on unaccompanied alien chil- the United States in treating unaccompanied the United States; alien children in United States custody; and (B) has not attained the age of 18; and dren in the Office’s custody and care, which shall include— (2) expand interagency procedures to col- (C) with respect to whom— lect and organize data, including significant (i) biographical information such as the (i) there is no parent or legal guardian in research and resource information on the child’s name, gender, date of birth, country the United States; or needs and treatment of unaccompanied alien of birth, and country of habitual residence; (ii) no parent or legal guardian in the children in the custody of the United States (ii) the date on which the child came into United States is available to provide care Government. and physical custody. Federal custody, including each instance in SEC. 1213. TRANSITION PROVISIONS. (5) VOLUNTARY AGENCY.—The term ‘‘vol- which such child came into the custody of— (a) TRANSFER OF FUNCTIONS.—All functions (I) the Service; or untary agency’’ means a private, nonprofit with respect to the care and custody of unac- (II) the Office; voluntary agency with expertise in meeting companied alien children under the immigra- the cultural, developmental, or psycho- (iii) information relating to the custody, tion laws of the United States vested by logical needs of unaccompanied alien chil- detention, release, and repatriation of unac- statute in, or exercised by, the Commis- dren as licensed by the appropriate State and companied alien children who have been in sioner of Immigration and Naturalization (or certified by the Director of the Office of Ref- the custody of the Office; any officer, employee, or component there- ugee Resettlement. (iv) in any case in which the child is placed of), immediately prior to the effective date (b) AMENDMENTS TO THE IMMIGRATION AND in detention, an explanation relating to the of this subtitle, are transferred to the Office. NATIONALITY ACT.—Section 101(a) (8 U.S.C. detention; and (b) TRANSFER AND ALLOCATIONS OF APPRO- 1101(a)) is amended by adding at the end the (v) the disposition of any actions in which PRIATIONS AND PERSONNEL.—The personnel following new paragraphs: the child is the subject; employed in connection with, and the assets, ‘‘(53) The term ‘unaccompanied alien child’ (I) collecting and compiling statistical in- liabilities, contracts, property, records, and means a child who— formation from the Service, including Bor- unexpended balances of appropriations, au- ‘‘(A) has no lawful immigration status in der Patrol and inspections officers, on the thorizations, allocations, and other funds the United States; unaccompanied alien children with whom employed, used, held, arising from, available ‘‘(B) has not attained the age of 18; and they come into contact; and to, or to be made available in connection ‘‘(C) with respect to whom— (J) conducting investigations and inspec- with the functions transferred by this sec- ‘‘(i) there is no parent or legal guardian in tions of facilities and other entities in which tion, subject to section 1531 of title 31, the United States; or unaccompanied alien children reside. United States Code, shall be transferred to ‘‘(ii) no parent or legal guardian in the (3) DUTIES WITH RESPECT TO FOSTER CARE.— the Office. Unexpended funds transferred United States is able to provide care and In carrying out the duties described in para- pursuant to this section shall be used only physical custody. graph (3)(F), the Director is encouraged to for the purposes for which the funds were ‘‘(54) The term ‘unaccompanied refugee utilize the refugee children foster care sys- originally authorized and appropriated. children’ means persons described in para- tem established under section 412(d)(2) of the (c) LEGAL DOCUMENTS.—All orders, deter- graph (42) who— Immigration and Nationality Act for the minations, rules, regulations, permits, ‘‘(A) have not attained the age of 18; and grants, loans, contracts, recognition of labor ‘‘(B) with respect to whom there are no placement of unaccompanied alien children. (4) POWERS.—In carrying out the duties organizations, agreements, including collec- parents or legal guardians available to pro- tive bargaining agreements, certificates, li- vide care and physical custody.’’. under paragraph (3), the Director shall have the power to— censes, and privileges— Subtitle A—Structural Changes (A) contract with service providers to per- (1) that have been issued, made, granted, or SEC. 1211. RESPONSIBILITIES OF THE OFFICE OF form the services described in sections 1222, allowed to become effective by the Presi- dent, the Attorney General, the Commis- REFUGEE RESETTLEMENT WITH RE- 1223, 1231, and 1232; and SPECT TO UNACCOMPANIED ALIEN sioner of the Immigration and Naturaliza- (B) compel compliance with the terms and CHILDREN. tion Service, their delegates, or any other conditions set forth in section 1223, including (a) IN GENERAL.— Government official, or by a court of com- the power to terminate the contracts of pro- (1) RESPONSIBILITIES OF THE OFFICE.—The petent jurisdiction, in the performance of viders that are not in compliance with such Office shall be responsible for— any function that is transferred pursuant to (A) coordinating and implementing the conditions and reassign any unaccompanied this section; and care and placement for unaccompanied alien alien child to a similar facility that is in (2) that are in effect on the effective date children who are in Federal custody by rea- compliance with such section. of such transfer (or become effective after son of their immigration status; and (b) NO EFFECT ON SERVICE, EOIR, AND DE- such date pursuant to their terms as in ef- (B) ensuring minimum standards of deten- PARTMENT OF STATE ADJUDICATORY RESPON- fect on such effective date); tion for all unaccompanied alien children. SIBILITIES.—Nothing in this title may be con- shall continue in effect according to their (2) DUTIES OF THE DIRECTOR WITH RESPECT strued to transfer the responsibility for adju- terms until modified, terminated, super- TO UNACCOMPANIED ALIEN CHILDREN.—The Di- seded, set aside, or revoked in accordance dicating benefit determinations under the rector shall be responsible under this title with law by the President, any other author- for— Immigration and Nationality Act from the ized official, a court of competent jurisdic- (A) ensuring that the best interests of the authority of any official of the Service, the tion, or operation of law, except that any child are considered in decisions and actions Executive Office of Immigration Review (or collective bargaining agreement shall re- relating to the care and placement of an un- successor entity), or the Department of main in effect until the date of termination accompanied alien child; State. specified in the agreement.

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(d) PROCEEDINGS.— (2) SPECIAL RULE FOR CONTIGUOUS COUN- fice is described in paragraph (1) (B) or (C), (1) PENDING.—The transfer of functions TRIES.— the Director shall promptly make arrange- under subsection (a) shall not affect any pro- (A) IN GENERAL.—Any child who is a na- ments to transfer the care and custody of ceeding or any application for any benefit, tional or habitual resident of a country that such child to the Service. service, license, permit, certificate, or finan- is contiguous with the United States and (c) AGE DETERMINATIONS.—In any case in cial assistance pending on the effective date that has an agreement in writing with the which the age of an alien is in question and of this subtitle before an office whose func- United States providing for the safe return the resolution of questions about such tions are transferred pursuant to this sec- and orderly repatriation of unaccompanied alien’s age would affect the alien’s eligibility tion, but such proceedings and applications alien children who are nationals or habitual for treatment under the provisions of this shall be continued. residents of such country shall be treated in title, a determination of whether such alien (2) ORDERS.—Orders shall be issued in such accordance with paragraph (1), unless a de- meets the age requirements of this title shall proceedings, appeals shall be taken there- termination is made on a case-by-case basis be made in accordance with the provisions of from, and payments shall be made pursuant that— section 1225. to such orders, as if this Act had not been en- (i) such child has a fear of returning to the SEC. 1222. FAMILY REUNIFICATION FOR UNAC- acted, and orders issued in any such pro- child’s country of nationality or country of COMPANIED ALIEN CHILDREN WITH RELATIVES IN THE UNITED STATES. ceeding shall continue in effect until modi- last habitual residence owing to a fear of (a) PLACEMENT AUTHORITY.— fied, terminated, superseded, or revoked by a persecution; (1) ORDER OF PREFERENCE.—Subject to the duly authorized official, by a court of com- (ii) the return of such child to the child’s country of nationality or country of last ha- Director’s discretion under paragraph (4) and petent jurisdiction, or by operation of law. section 1223(a)(2), an unaccompanied alien (3) DISCONTINUANCE OR MODIFICATION.— bitual residence would endanger the life or safety of such child; or child in the custody of the Office shall be Nothing in this section shall be considered to promptly placed with one of the following in- prohibit the discontinuance or modification (iii) the child cannot make an independent decision to withdraw the child’s application dividuals in the following order of pref- of any such proceeding under the same terms erence: and conditions and to the same extent that for admission due to age or other lack of capacity. (A) A parent who seeks to establish cus- such proceeding could have been discon- tody, as described in paragraph (3)(A). tinued or modified if this section had not (B) RIGHT OF CONSULTATION.—Any child described in subparagraph (A) shall have the (B) A legal guardian who seeks to establish been enacted. custody, as described in paragraph (3)(A). (e) SUITS.—This section shall not affect right to consult with a consular officer from the child’s country of nationality or country (C) An adult relative. suits commenced before the effective date of (D) An entity designated by the parent or this subtitle, and in all such suits, proof last habitual residence prior to repatriation, as well as consult with the Office, legal guardian that is capable and willing to ceeding shall be had, appeals taken, and care for the child’s well-being. judgments rendered in the same manner and telephonically, and such child shall be in- (E) A State-licensed juvenile shelter, group with the same effect as if this section had formed of that right. home, or foster home willing to accept legal not been enacted. (3) RULE FOR APPREHENSIONS AT THE BOR- custody of the child. (f) NONABATEMENT OF ACTIONS.—No suit, DER.—The custody of unaccompanied alien action, or other proceeding commenced by or children not described in paragraph (2) who (F) A qualified adult or entity seeking cus- against the Department of Justice or the Im- are apprehended at the border of the United tody of the child when it appears that there migration and Naturalization Service, or by States or at a United States port of entry is no other likely alternative to long-term or against any individual in the official ca- shall be treated in accordance with the pro- detention and family reunification does not pacity of such individual as an officer or em- visions of subsection (b). appear to be a reasonable alternative. For ployee in connection with a function trans- (b) CUSTODY OF UNACCOMPANIED ALIEN purposes of this subparagraph, the qualifica- ferred under this section, shall abate by rea- CHILDREN FOUND IN THE INTERIOR OF THE tion of the adult or entity shall be decided son of the enactment of this Act. UNITED STATES.— by the Office. (g) CONTINUANCE OF SUIT WITH SUBSTI- (1) ESTABLISHMENT OF JURISDICTION.— (2) HOME STUDY.—Notwithstanding the pro- TUTION OF PARTIES.—If any Government offi- (A) IN GENERAL.—Except as otherwise provisions of paragraph (1), no unaccompanied cer in the official capacity of such officer is vided under subsection (a) and subparagraphs alien child shall be placed with a person or party to a suit with respect to a function of (B) and (C), the custody of all unaccom- entity unless a valid home-study conducted the officer, and pursuant to this section such panied alien children, including responsi- by an agency of the State of the child’s pro- function is transferred to any other officer bility for their detention, where appropriate, posed residence, by an agency authorized by or office, then such suit shall be continued shall be under the jurisdiction of the Office. that State to conduct such a study, or by an with the other officer or the head of such (B) EXCEPTION FOR CHILDREN WHO HAVE COM- appropriate voluntary agency contracted other office, as applicable, substituted or MITTED CRIMES.—Notwithstanding subpara- with the Office to conduct such studies has added as a party. graph (A), the Service shall retain or assume found that the person or entity is capable of (h) ADMINISTRATIVE PROCEDURE AND JUDI- the custody and care of any unaccompanied providing for the child’s physical and mental CIAL REVIEW.—Except as otherwise provided alien child who— well-being. by this title, any statutory requirements re- (i) has been charged with any felony, ex- (3) RIGHT OF PARENT OR LEGAL GUARDIAN TO lating to notice, hearings, action upon the cluding offenses proscribed by the Immigra- CUSTODY OF UNACCOMPANIED ALIEN CHILD.— record, or administrative or judicial review tion and Nationality Act, while such charges (A) PLACEMENT WITH PARENT OR LEGAL that apply to any function transferred pursu- are pending; or GUARDIAN.—If an unaccompanied alien child ant to any provision of this section shall (ii) has been convicted of any such felony. is placed with any person or entity other apply to the exercise of such function by the (C) EXCEPTION FOR CHILDREN WHO THREATEN than a parent or legal guardian, but subse- head of the office, and other officers of the NATIONAL SECURITY.—Notwithstanding sub- quent to that placement a parent or legal office, to which such function is transferred paragraph (A), the Service shall retain or as- guardian seeks to establish custody, the Di- pursuant to such provision. sume the custody and care of an unaccom- rector shall assess the suitability of placing SEC. 1214. EFFECTIVE DATE. panied alien child if the Secretary of Home- the child with the parent or legal guardian This subtitle shall take effect one year land Security has substantial evidence that and shall make a written determination on after the effective date of division A of this such child endangers the national security of the child’s placement within 30 days. Act. the United States. (B) RULE OF CONSTRUCTION.—Nothing in Subtitle B—Custody, Release, Family (2) NOTIFICATION.—Upon apprehension of an this title shall be construed to— Reunification, and Detention unaccompanied alien child, the Secretary (i) supersede obligations under any treaty SEC. 1221. PROCEDURES WHEN ENCOUNTERING shall promptly notify the Office. or other international agreement to which UNACCOMPANIED ALIEN CHILDREN. (3) TRANSFER OF UNACCOMPANIED ALIEN the United States is a party, including The (a) UNACCOMPANIED CHILDREN FOUND ALONG CHILDREN.— Hague Convention on the Civil Aspects of THE UNITED STATES BORDER OR AT UNITED (A) TRANSFER TO THE OFFICE.—The care and International Child Abduction, the Vienna STATES PORTS OF ENTRY.— custody of an unaccompanied alien child Declaration and Programme of Action, and (1) IN GENERAL.—Subject to paragraph (2), shall be transferred to the Office— the Declaration of the Rights of the Child; or if an immigration officer finds an unaccom- (i) in the case of a child not described in (ii) limit any right or remedy under such panied alien child who is described in para- paragraph (1) (B) or (C), not later than 72 international agreement. graph (2) at a land border or port of entry of hours after the apprehension of such child; (4) PROTECTION FROM SMUGGLERS AND TRAF- the United States and determines that such or FICKERS.—The Director shall take affirma- child is inadmissible under the Immigration (ii) in the case of a child whose custody has tive steps to ensure that unaccompanied and Nationality Act, the officer shall— been retained or assumed by the Service pur- alien children are protected from smugglers, (A) permit such child to withdraw the suant to paragraph (1) (B) or (C), imme- traffickers, or others seeking to victimize or child’s application for admission pursuant to diately following a determination that the otherwise engage such children in criminal, section 235(a)(4) of the Immigration and Na- child no longer meets the description set harmful, or exploitative activity. Attorneys tionality Act; and forth in such paragraph. involved in such activities should be re- (B) remove such child from the United (B) TRANSFER TO THE SERVICE.—Upon deter- ported to their State bar associations for dis- States. mining that a child in the custody of the Of- ciplinary action.

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(5) GRANTS AND CONTRACTS.—Subject to the States Government should undertake efforts (B) PROHIBITION.—A guardian ad litem availability of appropriations, the Director to ensure that it does not repatriate children shall not be an employee of the Service. is authorized to make grants to, and enter in its custody into settings that would (3) DUTIES.—The guardian ad litem shall— into contracts with, voluntary agencies to threaten the life and safety of such children. (A) conduct interviews with the child in a carry out the provisions of this section. (2) ASSESSMENT OF CONDITIONS.— manner that is appropriate, taking into ac- (6) REIMBURSEMENT OF STATE EXPENSES.— (A) IN GENERAL.—In carrying out repatri- count the child’s age; Subject to the availability of appropriations, ations of unaccompanied alien children, the (B) investigate the facts and circumstances the Director is authorized to reimburse Office shall conduct assessments of country relevant to such child’s presence in the States for any expenses they incur in pro- conditions to determine the extent to which United States, including facts and cir- viding assistance to unaccompanied alien the country to which a child is being repatri- cumstances arising in the country of the children who are served pursuant to this ated has a child welfare system capable of child’s nationality or last habitual residence title. ensuring the child’s well being. and facts and circumstances arising subse- (b) CONFIDENTIALITY.—All information ob- (B) FACTORS FOR ASSESSMENT.—In assessing quent to the child’s departure from such tained by the Office relating to the immigra- country conditions, the Office shall, to the country; tion status of a person listed in subsection maximum extent practicable, examine the (C) work with counsel to identify the (a) shall remain confidential and may be conditions specific to the locale of the child’s eligibility for relief from removal or used only for the purposes of determining child’s repatriation. voluntary departure by sharing with counsel such person’s qualifications under subsection (b) REPORT ON REPATRIATION OF UNACCOM- information collected under subparagraph (a)(1). PANIED ALIEN CHILDREN.—Beginning not (B); SEC. 1223. APPROPRIATE CONDITIONS FOR DE- later than 18 months after the date of enact- (D) develop recommendations on issues rel- TENTION OF UNACCOMPANIED ment of this Act, and annually thereafter, ative to the child’s custody, detention, re- ALIEN CHILDREN. the Director shall submit a report to the Ju- lease, and repatriation; (a) STANDARDS FOR PLACEMENT.— diciary Committees of the House of Rep- (E) ensure that the child’s best interests resentatives and Senate on the Director’s ef- (1) PROHIBITION OF DETENTION IN CERTAIN are promoted while the child participates in, forts to repatriate unaccompanied alien chil- FACILITIES.—Except as provided in paragraph or is subject to, proceedings or actions under dren. Such report shall include at a min- (2), an unaccompanied alien child shall not the Immigration and Nationality Act; imum the following information: be placed in an adult detention facility or a (F) ensure that the child understands such (1) The number of unaccompanied alien facility housing delinquent children. determinations and proceedings; and children ordered removed and the number of (2) DETENTION IN APPROPRIATE FACILITIES.— (G) report findings and recommendations such children actually removed from the An unaccompanied alien child who has ex- to the Director and to the Executive Office United States. hibited a violent or criminal behavior that of Immigration Review (or successor entity). endangers others may be detained in condi- (2) A description of the type of immigra- (4) TERMINATION OF APPOINTMENT.—The tion relief sought and denied to such chil- tions appropriate to the behavior in a facil- guardian ad litem shall carry out the duties dren. ity appropriate for delinquent children. described in paragraph (3) until— (3) A statement of the nationalities, ages, (3) STATE LICENSURE.—In the case of a (A) those duties are completed, and gender of such children. placement of a child with an entity described (B) the child departs the United States, (4) A description of the procedures used to in section 1222(a)(1)(E), the entity must be li- (C) the child is granted permanent resident effect the removal of such children from the censed by an appropriate State agency to status in the United States, United States. provide residential, group, child welfare, or (D) the child attains the age of 18, or (5) A description of steps taken to ensure foster care services for dependent children. (E) the child is placed in the custody of a that such children were safely and humanely (4) CONDITIONS OF DETENTION.— parent or legal guardian, repatriated to their country of origin. (A) IN GENERAL.—The Director shall pro- whichever occurs first. mulgate regulations incorporating standards (6) Any information gathered in assess- (5) POWERS.—The guardian ad litem— ments of country and local conditions pursu- for conditions of detention in such place- (A) shall have reasonable access to the ant to subsection (a)(2). ments that provide for— child, including access while such child is (i) educational services appropriate to the SEC. 1225. ESTABLISHING THE AGE OF AN UNAC- being held in detention or in the care of a COMPANIED ALIEN CHILD. child; foster family; (ii) medical care; The Director shall develop procedures that permit the presentation and consideration of (B) shall be permitted to review all records (iii) mental health care, including treat- and information relating to such proceedings ment of trauma; a variety of forms of evidence, including testimony of a child and other persons, to de- that are not deemed privileged or classified; (iv) access to telephones; (C) may seek independent evaluations of (v) access to legal services; termine an unaccompanied alien child’s age for purposes of placement, custody, parole, the child; (vi) access to interpreters; (D) shall be notified in advance of all hear- (vii) supervision by professionals trained in and detention. Such procedures shall allow the appeal of a determination to an immi- ings involving the child that are held in con- the care of children, taking into account the nection with proceedings under the Immigra- special cultural, linguistic, and experiential gration judge. Radiographs shall not be the sole means of determining age. tion and Nationality Act, and shall be given needs of children in immigration pro- a reasonable opportunity to be present at ceedings; SEC. 1226. EFFECTIVE DATE. This subtitle shall take effect one year such hearings; and (viii) recreational programs and activities; (E) shall be permitted to consult with the (ix) spiritual and religious needs; and after the effective date of division A of this Act. child during any hearing or interview involv- (x) dietary needs. ing such child. (B) NOTIFICATION OF CHILDREN.—Such regu- Subtitle C—Access by Unaccompanied Alien Children to Guardians Ad Litem and Counsel (b) TRAINING.—The Director shall provide lations shall provide that all children are no- professional training for all persons serving tified orally and in writing of such stand- SEC. 1231. RIGHT OF UNACCOMPANIED ALIEN CHILDREN TO GUARDIANS AD as guardians ad litem under this section in ards. the circumstances and conditions that unac- (b) PROHIBITION OF CERTAIN PRACTICES.— LITEM. companied alien children face as well as in The Director and the Secretary of Homeland (a) GUARDIAN AD LITEM.— the various immigration benefits for which Security shall develop procedures prohib- (1) APPOINTMENT.—The Director shall ap- iting the unreasonable use of— point a guardian ad litem who meets the such a child might be eligible. (1) shackling, handcuffing, or other re- qualifications described in paragraph (2) for SEC. 1232. RIGHT OF UNACCOMPANIED ALIEN straints on children; each unaccompanied alien child in the cus- CHILDREN TO COUNSEL. (2) solitary confinement; or tody of the Office not later than 72 hours (a) ACCESS TO COUNSEL.— (3) pat or strip searches. after the Office assumes physical or con- (1) IN GENERAL.—The Director shall ensure (c) RULE OF CONSTRUCTION.—Nothing in structive custody of such child. The Director that all unaccompanied alien children in the this section shall be construed to supersede is encouraged, wherever practicable, to con- custody of the Office or in the custody of the procedures favoring release of children to ap- tract with a voluntary agency for the selec- Service who are not described in section propriate adults or entities or placement in tion of an individual to be appointed as a 1221(a)(2) shall have competent counsel to the least secure setting possible, as defined guardian ad litem under this paragraph. represent them in immigration proceedings in the Stipulated Settlement Agreement (2) QUALIFICATIONS OF GUARDIAN AD or matters. under Flores v. Reno. LITEM.— (2) PRO BONO REPRESENTATION.—To the SEC. 1224. REPATRIATED UNACCOMPANIED (A) IN GENERAL.—No person shall serve as a maximum extent practicable, the Director ALIEN CHILDREN. guardian ad litem unless such person— shall utilize the services of pro bono attor- (a) COUNTRY CONDITIONS.— (i) is a child welfare professional or other neys who agree to provide representation to (1) SENSE OF CONGRESS.—It is the sense of individual who has received training in child such children without charge. Congress that, to the extent consistent with welfare matters; and (3) GOVERNMENT FUNDED REPRESENTATION.— the treaties and other international agree- (ii) possesses special training on the nature (A) APPOINTMENT OF COMPETENT COUNSEL.— ments to which the United States is a party of problems encountered by unaccompanied Notwithstanding section 292 of the Immigra- and to the extent practicable, the United alien children. tion and Nationality Act (8 U.S.C. 1362) or

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any other provision of law, when no com- (6) the child is granted permanent resident (c) ELIGIBILITY FOR ASSISTANCE.—A child petent counsel is available to represent an status in the United States, or who has been granted relief under section unaccompanied alien child without charge, (7) the child attains 18 years of age, 101(a)(27)(J) of the Immigration and Nation- the Director shall appoint competent counsel whichever occurs first. ality Act (8 U.S.C. 1101(a)(27)(J)), as amended for such child at the expense of the Govern- (f) NOTICE TO COUNSEL DURING IMMIGRATION by subsection (a), and who is in the custody ment. PROCEEDINGS.— of a State shall be eligible for all funds made (B) LIMITATION ON ATTORNEY FEES.—Coun- (1) IN GENERAL.—Except when otherwise re- available under section 412(d) of such Act. sel appointed under subparagraph (A) may quired in an emergency situation involving SEC. 1242. TRAINING FOR OFFICIALS AND CER- not be compensated at a rate in excess of the the physical safety of the child, counsel shall TAIN PRIVATE PARTIES WHO COME rate provided under section 3006A of title 18, be given prompt and adequate notice of all INTO CONTACT WITH UNACCOM- United States Code. immigration matters affecting or involving PANIED ALIEN CHILDREN. (a) TRAINING OF STATE AND LOCAL OFFI- (C) ASSUMPTION OF THE COST OF GOVERN- an unaccompanied alien child, including ad- CIALS AND CERTAIN PRIVATE PARTIES.—The MENT-PAID COUNSEL.—In the case of a child judications, proceedings, and processing, be- for whom counsel is appointed under sub- fore such actions are taken. Secretary of Health and Human Services, acting jointly with the Secretary, shall pro- paragraph (A) who is subsequently placed in (2) OPPORTUNITY TO CONSULT WITH COUN- vide appropriate training to be available to the physical custody of a parent or legal SEL.—An unaccompanied alien child in the State and county officials, child welfare spe- guardian, such parent or legal guardian may custody of the Office may not give consent cialists, teachers, public counsel, and juve- elect to retain the same counsel to continue to any immigration action, including con- nile judges who come into contact with un- representation of the child, at no expense to senting to voluntary departure, unless first accompanied alien children. The training the Government, beginning on the date that afforded an opportunity to consult with shall provide education on the processes per- the parent or legal guardian assumes phys- counsel. (g) ACCESS TO RECOMMENDATIONS OF GUARD- taining to unaccompanied alien children ical custody of the child. IAN AD LITEM.—Counsel shall be afforded an with pending immigration status and on the (4) DEVELOPMENT OF NECESSARY INFRA- opportunity to review the recommendation forms of relief potentially available. The Di- STRUCTURES AND SYSTEMS.—In ensuring that by the guardian ad litem affecting or involv- rector shall be responsible for establishing a legal representation is provided to such chil- ing a client who is an unaccompanied alien core curriculum that can be incorporated dren, the Director shall develop the nec- child. into currently existing education, training, essary mechanisms to identify entities avail- SEC. 1233. EFFECTIVE DATE; APPLICABILITY. or orientation modules or formats that are able to provide such legal assistance and rep- (a) EFFECTIVE DATE.—This subtitle shall currently used by these professionals. resentation and to recruit such entities. take effect one year after the effective date (b) TRAINING OF SERVICE PERSONNEL.—The (5) CONTRACTING AND GRANT MAKING AU- of division A of this Act. Secretary, acting jointly with the Secretary THORITY.— (b) APPLICABILITY.—The provisions of this of Health and Human Services, shall provide (A) IN GENERAL.—Subject to the avail- subtitle shall apply to all unaccompanied specialized training to all personnel of the ability of appropriations, the Director shall alien children in Federal custody on, before, Service who come into contact with unac- enter into contracts with or make grants to or after the effective date of this subtitle. companied alien children. In the case of Bor- national nonprofit agencies with relevant ex- Subtitle D—Strengthening Policies for der Patrol agents and immigration inspec- pertise in the delivery of immigration-re- Permanent Protection of Alien Children tors, such training shall include specific lated legal services to children in order to SEC. 1241. SPECIAL IMMIGRANT JUVENILE VISA. training on identifying children at the carry out this subsection. United States border or at United States (a) J VISA.—Section 101(a)(27)(J) (8 U.S.C. (B) INELIGIBILITY FOR GRANTS AND CON- 1101(a)(27)(J)) is amended to read as follows: ports of entry who have been victimized by TRACTS.—In making grants and entering into ‘‘(J) an immigrant under the age of 18 on smugglers or traffickers, and children for contracts with such agencies, the Director the date of application who is present in the whom asylum or special immigrant relief shall ensure that no such agency is— United States— may be appropriate, including children de- (i) a grantee or contractee for services pro- ‘‘(i) who has been declared dependent on a scribed in section 1221(a)(2). vided under section 1222 or 1231; and juvenile court located in the United States SEC. 1243. EFFECTIVE DATE. (ii) simultaneously a grantee or contractee or whom such a court has legally committed The amendment made by section 1241 shall for services provided under subparagraph (A). to, or placed under the custody of, a depart- apply to all eligible children who were in the (b) REQUIREMENT OF LEGAL REPRESENTA- ment or agency of a State, or an individual United States before, on, or after the date of TION.—The Director shall ensure that all un- or entity appointed by a State, and who has enactment of this Act. accompanied alien children have legal rep- been deemed eligible by that court for long- Subtitle E—Children Refugee and Asylum resentation within 7 days of the child coming term foster care due to abuse, neglect, or Seekers into Federal custody. abandonment, or a similar basis found under SEC. 1251. GUIDELINES FOR CHILDREN’S ASYLUM (c) DUTIES.—Counsel shall represent the State law; CLAIMS. unaccompanied alien child all proceedings ‘‘(ii) for whom it has been determined in (a) SENSE OF CONGRESS.—Congress com- and actions relating to the child’s immigra- administrative or judicial proceedings that mends the Service for its issuance of its tion status or other actions involving the it would not be in the alien’s best interest to ‘‘Guidelines for Children’s Asylum Claims’’, Service and appear in person for all indi- be returned to the alien’s or parent’s pre- dated December 1998, and encourages and vidual merits hearings before the Executive vious country of nationality or country of supports the Service’s implementation of Office for Immigration Review (or its suc- last habitual residence; and such guidelines in an effort to facilitate the cessor entity) and interviews involving the ‘‘(iii) for whom the Office of Refugee Reset- handling of children’s asylum claims. Con- Service. tlement of the Department of Health and gress calls upon the Executive Office for Im- (d) ACCESS TO CHILD.— Human Services has certified to the Under migration Review of the Department of Jus- (1) IN GENERAL.—Counsel shall have reason- Secretary of Homeland Security for Immi- tice (or successor entity) to adopt the able access to the unaccompanied alien gration Affairs that the classification of an ‘‘Guidelines for Children’s Asylum Claims’’ child, including access while the child is alien as a special immigrant under this sub- in its handling of children’s asylum claims being held in detention, in the care of a fos- paragraph has not been made solely to pro- before immigration judges and the Board of ter family, or in any other setting that has vide an immigration benefit to that alien; Immigration Appeals. been determined by the Office. except that no natural parent or prior adop- (b) TRAINING.—The Secretary of Homeland (2) RESTRICTION ON TRANSFERS.—Absent tive parent of any alien provided special im- Security shall provide periodic comprehen- compelling and unusual circumstances, no migrant status under this subparagraph sive training under the ‘‘Guidelines for Chil- child who is represented by counsel shall be shall thereafter, by virtue of such parentage, dren’s Asylum Claims’’ to asylum officers, transferred from the child’s placement to an- be accorded any right, privilege, or status immigration judges, members of the Board other placement unless advance notice of at under this Act;’’. of Immigration Appeals, and immigration of- least 24 hours is made to counsel of such (b) ADJUSTMENT OF STATUS.—Section ficers who have contact with children in transfer. 245(h)(2) (8 U.S.C. 1255(h)(2)) is amended— order to familiarize and sensitize such offi- (e) TERMINATION OF APPOINTMENT.—Counsel (1) by amending subparagraph (A) to read cers to the needs of children asylum seekers. shall carry out the duties described in sub- as follows: Voluntary agencies shall be allowed to assist section (c) until— ‘‘(A) paragraphs (1), (4), (5), (6), and (7)(A) in such training. (1) those duties are completed, of section 212(a) shall not apply,’’; SEC. 1252. UNACCOMPANIED REFUGEE CHIL- (2) the child departs the United States, (2) in subparagraph (B), by striking the pe- DREN. (3) the child is granted withholding of re- riod and inserting ‘‘, and’’; and (a) IDENTIFYING UNACCOMPANIED REFUGEE moval under section 241(b)(3) of the Immigra- (3) by adding at the end the following new CHILDREN.—Section 207(e) (8 U.S.C. 1157(e)) is tion and Nationality Act, subparagraph: amended— (4) the child is granted protection under ‘‘(C) the Secretary of Homeland Security (1) by redesignating paragraphs (3), (4), (5), the Convention Against Torture, may waive paragraph (2) (A) and (B) in the (6), and (7) as paragraphs (4), (5), (6), (7), and (5) the child is granted asylum in the case of an offense which arose as a con- (8), respectively; and United States under section 208 of the Immi- sequence of the child being unaccom- (2) by inserting after paragraph (2) the fol- gration and Nationality Act, panied.’’. lowing new paragraph:

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‘‘(3) An analysis of the worldwide situation (e) JURISDICTION.— ute in, or exercised by, the Executive Office faced by unaccompanied refugee children, by (1) IN GENERAL.—The Board shall have such of Immigration Review of the Department of region. Such analysis shall include an assess- jurisdiction as was, prior to the date of en- Justice (or any officer, employee, or compo- ment of— actment of this Act, provided by statute or nent thereof), immediately prior to the effec- ‘‘(A) the number of unaccompanied refugee regulation to the Board of Immigration Ap- tive date of this title, are transferred to the children, by region; peals (as in effect under the Executive Office Agency. ‘‘(B) the capacity of the Department of of Immigration Review). (b) TRANSFER AND ALLOCATIONS OF APPRO- State to identify such refugees; (2) DE NOVO REVIEW.—The Board shall have PRIATIONS AND PERSONNEL.—The personnel ‘‘(C) the capacity of the international com- de novo review of any decision by an immi- employed in connection with, and the assets, munity to care for and protect such refugees; gration judge, including any final order of liabilities, contracts, property, records, and ‘‘(D) the capacity of the voluntary agency removal. unexpended balances of appropriations, au- community to resettle such refugees in the (f) DECISIONS OF THE BOARD.—The decisions thorizations, allocations, and other funds United States; of the Board shall constitute final agency ac- employed, used, held, arising from, available ‘‘(E) the degree to which the United States tion, subject to review only as provided by to, or to be made available in connection plans to resettle such refugees in the United the Immigration and Nationality Act and with the functions transferred by this sec- States in the coming fiscal year; and other applicable law. tion, subject to section 1531 of title 31, ‘‘(F) the fate that will befall such unac- (g) INDEPENDENCE OF BOARD MEMBERS.— United States Code, shall be transferred to companied refugee children for whom reset- The Members of the Board shall exercise the Agency. Unexpended funds transferred tlement in the United States is not pos- their independent judgment and discretion in pursuant to this section shall be used only sible.’’. the cases coming before the Board. for the purposes for which the funds were (b) TRAINING ON THE NEEDS OF UNACCOM- SEC. 1304. CHIEF IMMIGRATION JUDGE. originally authorized and appropriated. PANIED REFUGEE CHILDREN.—Section 207(f)(2) (a) ESTABLISHMENT OF OFFICE.—There shall (c) LEGAL DOCUMENTS.—All orders, deter- (8 U.S.C. 1157(f)(2)) is amended by— be within the Agency the position of Chief minations, rules, regulations, permits, (1) striking ‘‘and’’ after ‘‘countries,’’; and Immigration Judge, who shall administer grants, loans, contracts, recognition of labor (2) inserting before the period at the end the immigration courts. organizations, agreements, including collec- the following: ‘‘, and instruction on the (b) DUTIES OF THE CHIEF IMMIGRATION tive bargaining agreements, certificates, li- needs of unaccompanied refugee children’’. JUDGE.—The Chief Immigration Judge shall censes, and privileges— Subtitle F—Authorization of Appropriations be responsible for the general supervision, (1) that have been issued, made, granted, or SEC. 1261. AUTHORIZATION OF APPROPRIATIONS. direction, and procurement of resource and allowed to become effective by the Attorney (a) IN GENERAL.—There are authorized to facilities and for the general management of General or the Executive Office of Immigra- be appropriated such sums as may be nec- immigration court dockets. tion Review of the Department of Justice, essary to carry out the provisions of this (c) APPOINTMENT OF IMMIGRATION JUDGES.— their delegates, or any other Government of- title. Immigration judges shall be appointed by ficial, or by a court of competent jurisdic- (b) AVAILABILITY OF FUNDS.—Amounts ap- the Director, in consultation with the Chief tion, in the performance of any function that propriated pursuant to subsection (a) are au- Immigration Judge. is transferred under this section; and thorized to remain available until expended. (d) QUALIFICATIONS.—Each immigration (2) that are in effect on the effective date TITLE XIII—AGENCY FOR IMMIGRATION judge, including the Chief Immigration of such transfer (or become effective after HEARINGS AND APPEALS Judge, shall be an attorney in good standing such date pursuant to their terms as in ef- Subtitle A—Structure and Function of a bar of a State or the District of Colum- fect on such effective date); bia and shall have at least 7 years of profes- SEC. 1301. ESTABLISHMENT. shall continue in effect according to their sional legal expertise in immigration and na- (a) IN GENERAL.—There is established with- terms until modified, terminated, super- tionality law. in the Department of Justice the Agency for seded, set aside, or revoked in accordance (e) JURISDICTION AND AUTHORITY OF IMMI- Immigration Hearings and Appeals (in this with law by the Agency, any other author- GRATION COURTS.—The immigration courts title referred to as the ‘‘Agency’’). ized official, a court of competent jurisdic- shall have such jurisdiction as was, prior to (b) ABOLITION OF EOIR.—The Executive Of- tion, or operation of law, except that any the date of enactment of this Act, provided fice for Immigration Review of the Depart- collective bargaining agreement shall re- by statute or regulation to the immigration ment of Justice is hereby abolished. main in effect until the date of termination courts within the Executive Office for Immi- SEC. 1302. DIRECTOR OF THE AGENCY. specified in the agreement. gration Review of the Department of Justice. (a) APPOINTMENT.—There shall be at the (f) INDEPENDENCE OF IMMIGRATION (d) PROCEEDINGS.— head of the Agency a Director who shall be JUDGES.—The immigration judges shall exer- (1) PENDING.—The transfer of functions appointed by the President, by and with the cise their independent judgment and discre- under subsection (a) shall not affect any pro- advice and consent of the Senate. tion in the cases coming before the Immigra- ceeding or any application for any benefit, (b) OFFICES.—The Director shall appoint a tion Court. service, license, permit, certificate, or finan- Deputy Director, General Counsel, Pro Bono cial assistance pending on the effective date Coordinator, and other offices as may be nec- SEC. 1305. CHIEF ADMINISTRATIVE HEARING OF- FICER. of this title before an office whose functions essary to carry out this title. are transferred pursuant to this section, but (c) RESPONSIBILITIES.—The Director shall— (a) ESTABLISHMENT OF POSITION.—There shall be within the Agency the position of such proceedings and applications shall be (1) administer the Agency and be respon- continued. sible for the promulgation of rules and regu- Chief Administrative Hearing Officer. RDERS (b) DUTIES OF THE CHIEF ADMINISTRATIVE (2) O .—Orders shall be issued in such lations affecting the Agency; proceedings, appeals shall be taken there- (2) appoint each Member of the Board of HEARING OFFICER.—The Chief Administrative Hearing Officer shall hear cases brought from, and payments shall be made pursuant Immigration Appeals, including a Chair; to such orders, as if this Act had not been en- (3) appoint the Chief Immigration Judge; under sections 274A, 274B, and 274C of the Im- migration and Nationality Act. acted, and orders issued in any such pro- and ceeding shall continue in effect until modi- SEC. 1306. REMOVAL OF JUDGES. (4) appoint and fix the compensation of at- fied, terminated, superseded, or revoked by a torneys, clerks, administrative assistants, Immigration judges and Members of the duly authorized official, by a court of com- and other personnel as may be necessary. Board may be removed from office only for petent jurisdiction, or by operation of law. good cause, including neglect of duty or mal- SEC. 1303. BOARD OF IMMIGRATION APPEALS. (3) DISCONTINUANCE OR MODIFICATION.— (a) IN GENERAL.—The Board of Immigra- feasance, by the Director, in consultation Nothing in this section shall be considered to tion Appeals (in this title referred to as the with the Chair of the Board, in the case of prohibit the discontinuance or modification ‘‘Board’’) shall perform the appellate func- the removal of a Member of the Board, or in of any such proceeding under the same terms tions of the Agency. The Board shall consist consultation with the Chief Immigration and conditions and to the same extent that of a Chair and not less than 14 other immi- Judge, in the case of the removal of an immi- such proceeding could have been discon- gration appeals judges. gration judge. tinued or modified if this section had not (b) APPOINTMENT.—Members of the Board SEC. 1307. AUTHORIZATION OF APPROPRIATIONS. been enacted. shall be appointed by the Director, in con- There are authorized to be appropriated to sultation with the Chair of the Board of Im- (e) SUITS.—This section shall not affect the Agency such sums as may be necessary suits commenced before the effective date of migration Appeals. to carry out this title. (c) QUALIFICATIONS.—The Chair and each this title, and in all such suits, proceeding other Member of the Board shall be an attor- Subtitle B—Transfer of Functions and shall be had, appeals taken, and judgments ney in good standing of a bar of a State or Savings Provisions rendered in the same manner and with the the District of Columbia and shall have at SEC. 1311. TRANSITION PROVISIONS. same effect as if this section had not been least 7 years of professional legal expertise (a) TRANSFER OF FUNCTIONS.—All functions enacted. in immigration and nationality law. under the immigration laws of the United (f) NONABATEMENT OF ACTIONS.—No suit, (d) CHAIR.—The Chair shall direct, super- States (as defined in section 111(e) of the Im- action, or other proceeding commenced by or vise, and establish the procedures and poli- migration and Nationality Act, as added by against the Department of Justice or the Ex- cies of the Board. section 1101(a)(2) of this Act) vested by stat- ecutive Office of Immigration Review, or by

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00183 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8000 CONGRESSIONAL RECORD — SENATE August 1, 2002 or against any individual in the official ca- ‘‘(5) identifying best practices and ‘‘(D) sustaining a culture that cultivates pacity of such individual as an officer or em- benchmarking studies; and and develops a high performing workforce; ployee in connection with a function trans- ‘‘(6) applying methods for measuring intel- ‘‘(E) developing and implementing a ferred under this section, shall abate by rea- lectual capital and identifying links of that knowledge management strategy supported son of the enactment of this Act. capital to organizational performance and by appropriate investment in training and (g) CONTINUANCE OF SUIT WITH SUBSTI- growth. technology; and TUTION OF PARTIES.—If any Government offi- ‘‘(b) In addition to the authority otherwise ‘‘(F) holding managers and human recer in the official capacity of such officer is provided by this section, each agency Chief sources officers accountable for efficient and party to a suit with respect to a function of Human Capital Officer— effective human resources management in the officer, and pursuant to this section such ‘‘(1) shall have access to all records, re- support of agency missions in accordance function is transferred to any other officer ports, audits, reviews, documents, papers, with merit system principles.’’. or office, then such suit shall be continued recommendations, or other material that— SEC. 2105. EFFECTIVE DATE. with the other officer or the head of such ‘‘(A) are the property of the agency or are This title shall take effect 180 days after other office, as applicable, substituted or available to the agency; and the date of enactment of this division. ‘‘(B) relate to programs and operations added as a party. TITLE XXII—REFORMS RELATING TO (h) ADMINISTRATIVE PROCEDURE AND JUDI- with respect to which that agency Chief FEDERAL HUMAN CAPITAL MANAGEMENT CIAL REVIEW.—Except as otherwise provided Human Capital Officer has responsibilities by this title, any statutory requirements re- under this chapter; and SEC. 2201. INCLUSION OF AGENCY HUMAN CAP- ‘‘(2) may request such information or as- ITAL STRATEGIC PLANNING IN PER- lating to notice, hearings, action upon the FORMANCE PLANS AND PROGRAM record, or administrative or judicial review sistance as may be necessary for carrying out the duties and responsibilities provided PERFORMANCE REPORTS. that apply to any function transferred pursu- (a) PERFORMANCE PLANS.—Section 1115 of by this chapter from any Federal, State, or ant to any provision of this section shall title 31, United States Code, is amended— local governmental entity.’’. apply to the exercise of such function by the (1) in subsection (a), by striking paragraph head of the office, and other officers of the (b) TECHNICAL AND CONFORMING AMEND- MENT.—The table of chapters for part II of (3) and inserting the following: office, to which such function is transferred ‘‘(3) provide a description of how the per- pursuant to such provision. title 5, United States Code, is amended by inserting after the item relating to chapter 13 formance goals and objectives are to be Subtitle C—Effective Date the following: achieved, including the operational proc- SEC. 1321. EFFECTIVE DATE. ‘‘14. Chief Human Capital Officers ..... 1401’’. esses, training, skills and technology, and the human, capital, information, and other This title shall take effect one year after SEC. 2103. CHIEF HUMAN CAPITAL OFFICERS the effective date of division A of this Act. COUNCIL. resources and strategies required to meet those performance goals and objectives.’’; DIVISION C—FEDERAL WORKFORCE (a) ESTABLISHMENT.—There is established a IMPROVEMENT Chief Human Capital Officers Council, con- (2) by redesignating subsection (f) as sub- sisting of— section (g); and TITLE XXI—CHIEF HUMAN CAPITAL (3) by inserting after subsection (e) the fol- OFFICERS (1) the Director of the Office of Personnel Management, who shall act as chairperson of lowing: SEC. 2101. SHORT TITLE. the Council; ‘‘(f) With respect to each agency with a This title may be cited as the ‘‘Chief (2) the Deputy Director for Management of Chief Human Capital Officer, the Chief Human Capital Officers Act of 2002’’. the Office of Management and Budget, who Human Capital Officer shall prepare that SEC. 2102. AGENCY CHIEF HUMAN CAPITAL OFFI- shall act as vice chairperson of the Council; portion of the annual performance plan de- CERS. and scribed under subsection (a)(3).’’. (a) IN GENERAL.—Part II of title 5, United (3) the Chief Human Capital Officers of Ex- (b) PROGRAM PERFORMANCE REPORTS.—Sec- States Code, is amended by inserting after ecutive departments and any other members tion 1116(d) of title 31, United States Code, is chapter 13 the following: who are designated by the Director of the Of- amended— ‘‘CHAPTER 14—AGENCY CHIEF HUMAN fice of Personnel Management. (1) in paragraph (4), by striking ‘‘and’’ CAPITAL OFFICERS (b) FUNCTIONS.—The Chief Human Capital after the semicolon; Officers Council shall meet periodically to (2) by redesignating paragraph (5) as para- ‘‘Sec. advise and coordinate the activities of the graph (6); and ‘‘1401. Establishment of agency Chief Human agencies of its members on such matters as (3) by inserting after paragraph (4) the fol- Capital Officers. modernization of human resources systems, lowing: ‘‘1402. Authority and functions of agency improved quality of human resources infor- ‘‘(5) include a review of the performance Chief Human Capital Officers. mation, and legislation affecting human re- goals and evaluation of the performance plan sources operations and organizations. relative to the agency’s strategic human ‘‘§ 1401. Establishment of agency Chief (c) EMPLOYEE LABOR ORGANIZATIONS AT capital management; and’’. Human Capital Officers MEETINGS.—The Chief Human Capital Offi- SEC. 2202. REFORM OF THE COMPETITIVE SERV- ‘‘The head of each agency referred to under cers Council shall ensure that representa- ICE HIRING PROCESS. paragraphs (1) and (2) of section 901(b) of tives of Federal employee labor organiza- (a) IN GENERAL.—Chapter 33 of title 5, title 31 shall appoint or designate a Chief tions are present at a minimum of 1 meeting United States Code, is amended— Human Capital Officer, who shall— of the Council each year. Such representa- (1) in section 3304(a)— ‘‘(1) advise and assist the head of the agen- tives shall not be members of the Council. (A) in paragraph (1), by striking ‘‘and’’ cy and other agency officials in carrying out (d) ANNUAL REPORT.—Each year the Chief after the semicolon; the agency’s responsibilities for selecting, Human Capital Officers Council shall submit (B) in paragraph (2), by striking the period developing, training, and managing a high- a report to Congress on the activities of the and inserting ‘‘; and’’; and quality, productive workforce in accordance Council. (C) by adding at the end the following: with merit system principles; SEC. 2104. STRATEGIC HUMAN CAPITAL MANAGE- ‘‘(3) authority for agencies to appoint, ‘‘(2) implement the rules and regulations of MENT. without regard to the provisions of sections the President and the Office of Personnel Section 1103 of title 5, United States Code, 3309 through 3318, candidates directly to po- Management and the laws governing the is amended by adding at the end the fol- sitions for which— lowing: civil service within the agency; and ‘‘(A) public notice has been given; and ‘‘(3) carry out such functions as the pri- ‘‘(c)(1) The Office of Personnel Manage- ment shall design a set of systems, including ‘‘(B) the Office of Personnel Management mary duty of the Chief Human Capital Offi- has determined that there exists a severe cer. appropriate metrics, for assessing the management of human capital by Federal agen- shortage of candidates or there is a critical ‘‘§ 1402. Authority and functions of agency cies. hiring need. Chief Human Capital Officers ‘‘(2) The systems referred to under para- The Office shall prescribe, by regulation, cri- ‘‘(a) The functions of each Chief Human graph (1) shall be defined in regulations of teria for identifying such positions and may Capital Officer shall include— the Office of Personnel Management and in- delegate authority to make determinations ‘‘(1) setting the workforce development clude standards for— under such criteria.’’; and strategy of the agency; ‘‘(A)(i) aligning human capital strategies (2) by inserting after section 3318 the fol- ‘‘(2) assessing workforce characteristics of agencies with the missions, goals, and or- lowing: and future needs based on the agency’s mis- ganizational objectives of those agencies; ‘‘§ 3319. Alternative ranking and selection sion and strategic plan; and procedures ‘‘(3) aligning the agency’s human resources ‘‘(ii) integrating those strategies into the ‘‘(a)(1) the Office, in exercising its author- policies and programs with organization mis- budget and strategic plans of those agencies; ity under section 3304; or sion, strategic goals, and performance out- ‘‘(B) closing skill gaps in mission critical ‘‘(2) an agency to which the Office has dele- comes; occupations; gated examining authority under section ‘‘(4) developing and advocating a culture of ‘‘(C) ensuring continuity of effective lead- 1104(a)(2); continuous learning to attract and retain ership through implementation of recruit- may establish category rating systems for employees with superior abilities; ment, development, and succession plans; evaluating applicants for positions in the

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00184 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 1, 2002 CONGRESSIONAL RECORD — SENATE S8001 competitive service, under 2 or more quality ‘‘(ii) an employee having a disability on ‘‘(A) an amount equal to the amount the categories based on merit consistent with the basis of which such employee is or would employee would be entitled to receive under regulations prescribed by the Office of Per- be eligible for disability retirement under section 5595(c) if the employee were entitled sonnel Management, rather than assigned in- subchapter III of chapter 83 or 84 or another to payment under such section (without ad- dividual numerical ratings. retirement system for employees of the Gov- justment for any previous payment made); or ‘‘(b) Within each quality category estab- ernment; ‘‘(B) an amount determined by the agency lished under subsection (a), preference-eligi- ‘‘(iii) an employee who is in receipt of a de- head, not to exceed $25,000; bles shall be listed ahead of individuals who cision notice of involuntary separation for ‘‘(4) may be made only in the case of an are not preference eligibles. For other than misconduct or unacceptable performance; employee who voluntarily separates (wheth- scientific and professional positions at GS–9 ‘‘(iv) an employee who has previously reer by retirement or resignation) under this of the General Schedule (equivalent or high- ceived any voluntary separation incentive subchapter; er), qualified preference-eligibles who have a payment from the Federal Government ‘‘(5) shall not be a basis for payment, and compensable service-connected disability of under this subchapter or any other author- shall not be included in the computation, of 10 percent or more shall be listed in the high- ity; any other type of Government benefit; est quality category. ‘‘(v) an employee covered by statutory re- ‘‘(6) shall not be taken into account in de- ‘‘(c)(1) An appointing official may select employment rights who is on transfer em- termining the amount of any severance pay any applicant in the highest quality cat- ployment with another organization; or to which the employee may be entitled under egory or, if fewer than 3 candidates have ‘‘(vi) any employee who— section 5595, based on any other separation; been assigned to the highest quality cat- ‘‘(I) during the 36-month period preceding and egory, in a merged category consisting of the the date of separation of that employee, per- ‘‘(7) shall be paid from appropriations or highest and the second highest quality cat- formed service for which a student loan re- funds available for the payment of the basic egories. payment benefit was or is to be paid under pay of the employee. ‘‘(2) Notwithstanding paragraph (1), the ap- section 5379; pointing official may not pass over a pref- ‘‘(II) during the 24-month period preceding ‘‘§ 3524. Effect of subsequent employment erence-eligible in the same category from with the Government which selection is made, unless the require- the date of separation of that employee, per- ments of section 3317(b) or 3318(b), as applica- formed service for which a recruitment or re- ‘‘(a) The term ‘employment’— ble, are satisfied. location bonus was or is to be paid under sec- ‘‘(1) in subsection (b) includes employment ‘‘(d) Each agency that establishes a cat- tion 5753; or under a personal services contract (or other egory rating system under this section shall ‘‘(III) during the 12-month period preceding direct contract) with the United States Gov- submit in each of the 3 years following that the date of separation of that employee, per- ernment (other than an entity in the legisla- establishment, a report to Congress on that formed service for which a retention bonus tive branch); and system including information on— was or is to be paid under section 5754. ‘‘(2) in subsection (c) does not include em- ‘‘(1) the number of employees hired under ‘‘§ 3522. Agency plans; approval ployment under such a contract. that system; ‘‘(a) Before obligating any resources for ‘‘(b) An individual who has received a vol- ‘‘(2) the impact that system has had on the voluntary separation incentive payments, untary separation incentive payment under the head of each agency shall submit to the hiring of veterans and minorities, including this subchapter and accepts any employment those who are American Indian or Alaska Office of Personnel Management a plan out- for compensation with the Government of Natives, Asian, Black or African American, lining the intended use of such incentive the United States within 5 years after the and native Hawaiian or other Pacific Is- payments and a proposed organizational date of the separation on which the payment lander; and chart for the agency once such incentive is based shall be required to pay, before the ‘‘(3) the way in which managers were payments have been completed. individual’s first day of employment, the en- trained in the administration of that system. ‘‘(b) The plan of an agency under sub- tire amount of the incentive payment to the ‘‘(e) The Office of Personnel Management section (a) shall include— agency that paid the incentive payment. may prescribe such regulations as it con- ‘‘(1) the specific positions and functions to siders necessary to carry out the provisions be reduced or eliminated; ‘‘(c)(1) If the employment under this sec- of this section.’’. ‘‘(2) a description of which categories of tion is with an agency, other than the Gen- (b) TECHNICAL AND CONFORMING AMEND- employees will be offered incentives; eral Accounting Office, the United States MENT.—The table of sections for chapter 33 of ‘‘(3) the time period during which incen- Postal Service, or the Postal Rate Commis- title 5, United States Code, is amended by tives may be paid; sion, the Director of the Office of Personnel striking the item relating to section 3319 and ‘‘(4) the number and amounts of voluntary Management may, at the request of the head inserting the following: separation incentive payments to be offered; of the agency, waive the repayment if— ‘‘3319. Alternative ranking and selection pro- and ‘‘(A) the individual involved possesses cedures.’’. ‘‘(5) a description of how the agency will unique abilities and is the only qualified ap- SEC. 2203. PERMANENT EXTENSION, REVISION, operate without the eliminated positions and plicant available for the position; or AND EXPANSION OF AUTHORITIES functions. ‘‘(B) in the case of an emergency involving FOR USE OF VOLUNTARY SEPARA- ‘‘(c) The Director of the Office of Personnel a direct threat to life or property, the indi- TION INCENTIVE PAY AND VOL- Management shall review each agency’s plan vidual— UNTARY EARLY RETIREMENT. and may make any appropriate modifica- ‘‘(i) has skills directly related to resolving (a) VOLUNTARY SEPARATION INCENTIVE PAY- tions in the plan, in consultation with the the emergency; and MENTS.— Director of the Office of Management and ‘‘(ii) will serve on a temporary basis only (1) IN GENERAL.— Budget. A plan under this section may not be so long as that individual’s services are made (A) AMENDMENT TO TITLE 5, UNITED STATES implemented without the approval of the Di- necessary by the emergency. CODE.—Chapter 35 of title 5, United States rector of the Office of Personnel Manage- ‘‘(2) If the employment under this section Code, is amended by inserting after sub- ment. chapter I the following: is with an entity in the legislative branch, ‘‘§ 3523. Authority to provide voluntary sepa- the head of the entity or the appointing offi- ‘‘SUBCHAPTER II—VOLUNTARY ration incentive payments SEPARATION INCENTIVE PAYMENTS cial may waive the repayment if the indi- ‘‘(a) A voluntary separation incentive pay- vidual involved possesses unique abilities ‘‘§ 3521. Definitions ment under this subchapter may be paid to and is the only qualified applicant available ‘‘In this subchapter, the term— an employee only as provided in the plan of for the position. ‘‘(1) ‘agency’ means an Executive agency as an agency established under section 3522. defined under section 105; and ‘‘(b) A voluntary incentive payment— ‘‘(3) If the employment under this section ‘‘(2) ‘employee’— ‘‘(1) shall be offered to agency employees is with the judicial branch, the Director of ‘‘(A) means an employee as defined under on the basis of— the Administrative Office of the United section 2105 employed by an agency and an ‘‘(A) 1 or more organizational units; States Courts may waive the repayment if individual employed by a county committee ‘‘(B) 1 or more occupational series or lev- the individual involved possesses unique established under section 8(b)(5) of the Soil els; abilities and is the only qualified applicant Conservation and Domestic Allotment Act ‘‘(C) 1 or more geographical locations; available for the position. (16 U.S.C. 590h(b)(5)) who— ‘‘(D) skills, knowledge, or other factors re- ‘‘§ 3525. Regulations ‘‘(i) is serving under an appointment with- lated to a position; out time limitation; and ‘‘(E) specific periods of time during which ‘‘The Office of Personnel Management may ‘‘(ii) has been currently employed for a eligible employees may elect a voluntary in- prescribe regulations to carry out this sub- continuous period of at least 3 years; and centive payment; or chapter.’’. ‘‘(B) shall not include— ‘‘(F) any appropriate combination of such (B) TECHNICAL AND CONFORMING AMEND- ‘‘(i) a reemployed annuitant under sub- factors; MENTS.—Chapter 35 of title 5, United States chapter III of chapter 83 or 84 or another re- ‘‘(2) shall be paid in a lump sum after the Code, is amended— tirement system for employees of the Gov- employee’s separation; (i) by striking the chapter heading and in- ernment; ‘‘(3) shall be equal to the lesser of— serting the following:

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00185 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8002 CONGRESSIONAL RECORD — SENATE August 1, 2002 ‘‘CHAPTER 35—RETENTION PREFERENCE, ‘‘(B)(i) has been employed continuously, by (2) in chapter 35— VOLUNTARY SEPARATION INCENTIVE the agency in which the employee is serving, (A) in section 3592(a)— PAYMENTS, RESTORATION, AND REEM- for at least the 31-day period ending on the (i) in paragraph (1), by inserting ‘‘or’’ at PLOYMENT’’; date on which such agency requests the de- the end; and termination referred to in clause (iv); (ii) in paragraph (2), by striking ‘‘or’’ at (ii) in the table of sections by inserting ‘‘(ii) is serving under an appointment that the end; after the item relating to section 3504 the is not time limited; (iii) by striking paragraph (3); and following: ‘‘(iii) has not been duly notified that such (iv) by striking the last sentence; ‘‘SUBCHAPTER II—VOLUNTARY employee is to be involuntarily separated for (B) in section 3593(a), by striking para- SEPARATION INCENTIVE PAYMENTS misconduct or unacceptable performance; graph (2) and inserting the following: ‘‘3521. Definitions. ‘‘(iv) is separated from the service volun- ‘‘(2) the appointee left the Senior Execu- ‘‘3522. Agency plans; approval. tarily during a period in which, as deter- tive Service for reasons other than mis- ‘‘3523. Authority to provide voluntary sepa- mined by the Office of Personnel Manage- conduct, neglect of duty, malfeasance, or ration incentive payments. ment (upon request of the agency) under reg- less than fully successful executive perform- ‘‘3524. Effect of subsequent employment with ulations prescribed by the Office— ance as determined under subchapter II of the Government. ‘‘(I) such agency (or, if applicable, the com- chapter 43.’’; and ‘‘3525. Regulations.’’. ponent in which the employee is serving) is (C) in section 3594(b)— (2) ADMINISTRATIVE OFFICE OF THE UNITED undergoing substantial delayering, substan- (i) in paragraph (1), by inserting ‘‘or’’ at STATES COURTS.—The Director of the Admin- tial reorganization, substantial reductions in the end; istrative Office of the United States Courts force, substantial transfer of function, or (ii) in paragraph (2), by striking ‘‘or’’ at may, by regulation, establish a program sub- other substantial workforce restructuring the end; and stantially similar to the program established (or shaping); (iii) by striking paragraph (3); under paragraph (1) for individuals serving in ‘‘(II) a significant percentage of employees (3) in section 7701(c)(1)(A), by striking ‘‘or the judicial branch. serving in such agency (or component) are removal from the Senior Executive Service (3) CONTINUATION OF OTHER AUTHORITY.— likely to be separated or subject to an imme- for failure to be recertified under section Any agency exercising any voluntary separa- diate reduction in the rate of basic pay 3393a’’; tion incentive authority in effect on the ef- (without regard to subchapter VI of chapter (4) in chapter 83— fective date of this subsection may continue 53, or comparable provisions); or (A) in section 8336(h)(1), by striking ‘‘for to offer voluntary separation incentives con- ‘‘(III) identified as being in positions which failure to be recertified as a senior executive sistent with that authority until that au- are becoming surplus or excess to the agen- under section 3393a or’’; and thority expires. cy’s future ability to carry out its mission (B) in section 8339(h), in the first sentence, (4) EFFECTIVE DATE.—This subsection shall effectively; and by striking ‘‘, except that such reduction take effect 60 days after the date of enact- ‘‘(v) as determined by the agency under shall not apply in the case of an employee re- ment of this Act. regulations prescribed by the Office, is with- (b) FEDERAL EMPLOYEE VOLUNTARY EARLY tiring under section 8336(h) for failure to be in the scope of the offer of voluntary early recertified as a senior executive’’; and RETIREMENT.— retirement, which may be made on the basis (1) CIVIL SERVICE RETIREMENT SYSTEM.— (5) in chapter 84— of— (A) in section 8414(a)(1), by striking ‘‘for Section 8336(d)(2) of title 5, United States ‘‘(I) 1 or more organizational units; Code, is amended to read as follows: failure to be recertified as a senior executive ‘‘(II) 1 or more occupational series or lev- under section 3393a or’’; and ‘‘(2)(A) has been employed continuously, by els; the agency in which the employee is serving, (B) in section 8421(a)(2), by striking ‘‘, ex- ‘‘(III) 1 or more geographical locations; cept that an individual entitled to an annu- for at least the 31-day period ending on the ‘‘(IV) specific periods; date on which such agency requests the de- ity under section 8414(a) for failure to be re- ‘‘(V) skills, knowledge, or other factors recertified as a senior executive shall be enti- termination referred to in subparagraph (D); lated to a position; or ‘‘(B) is serving under an appointment that tled to an annuity supplement without re- ‘‘(VI) any appropriate combination of such gard to such applicable minimum retirement is not time limited; factors;’’. ‘‘(C) has not been duly notified that such age’’. (3) GENERAL ACCOUNTING OFFICE AUTHOR- employee is to be involuntarily separated for (b) SAVINGS PROVISION.—Notwithstanding ITY.—The amendments made by this sub- the amendments made by subsection misconduct or unacceptable performance; section shall not be construed to affect the ‘‘(D) is separated from the service volun- authority under section 1 of Public Law 106– (a)(2)(A), an appeal under the final sentence tarily during a period in which, as deter- 303 (5 U.S.C. 8336 note; 114 Stat. 1063). of section 3592(a) of title 5, United States mined by the Office of Personnel Manage- Code, that is pending on the day before the (4) TECHNICAL AND CONFORMING AMEND- ment (upon request of the agency) under reg- effective date of this section— MENT.—Section 7001 of the 1998 Supplemental ulations prescribed by the Office— Appropriations and Rescissions Act (Public (1) shall not abate by reason of the enact- ‘‘(i) such agency (or, if applicable, the com- Law 105–174; 112 Stat. 91) is repealed. ment of the amendments made by subsection ponent in which the employee is serving) is (a)(2)(A); and (5) REGULATIONS.—The Office of Personnel undergoing substantial delayering, substan- Management may prescribe regulations to (2) shall continue as if such amendments tial reorganization, substantial reductions in carry out this subsection. had not been enacted. force, substantial transfer of function, or (c) SENSE OF CONGRESS.—It is the sense of (c) APPLICATION.—The amendment made by other substantial workforce restructuring Congress that the implementation of this subsection (a)(2)(B) shall not apply with re- (or shaping); section is intended to reshape the Federal spect to an individual who, before the effec- ‘‘(ii) a significant percentage of employees workforce and not downsize the Federal tive date of this section, leaves the Senior serving in such agency (or component) are workforce. Executive Service for failure to be recer- likely to be separated or subject to an imme- SEC. 2204. STUDENT VOLUNTEER TRANSIT SUB- tified as a senior executive under section diate reduction in the rate of basic pay SIDY. 3393a of title 5, United States Code. (without regard to subchapter VI of chapter (a) IN GENERAL.—Section 7905(a)(1) of title 53, or comparable provisions); or 5, United States Code, is amended by strik- SEC. 2302. ADJUSTMENT OF LIMITATION ON ‘‘(iii) identified as being in positions which ing ‘‘and a member of a uniformed service’’ TOTAL ANNUAL COMPENSATION. are becoming surplus or excess to the agen- and inserting ‘‘, a member of a uniformed Section 5307(a) of title 5, United States cy’s future ability to carry out its mission service, and a student who provides vol- Code, is amended by adding at the end the effectively; and untary services under section 3111’’. (b) TECHNICAL AND CONFORMING AMEND- following: ‘‘(E) as determined by the agency under MENT.—Section 3111(c)(1) of title 5, United ‘‘(3) Notwithstanding paragraph (1), the regulations prescribed by the Office, is with- States Code, is amended by striking ‘‘chap- total payment referred to under such para- in the scope of the offer of voluntary early ter 81 of this title’’ and inserting ‘‘section graph with respect to an employee paid retirement, which may be made on the basis 7905 (relating to commuting by means other under section 5372, 5376, or 5383 of title 5 or of— than single-occupancy motor vehicles), chap- section 332(f), 603, or 604 of title 28 shall not ‘‘(i) 1 or more organizational units; ter 81’’. exceed the total annual compensation pay- ‘‘(ii) 1 or more occupational series or lev- TITLE XXIII—REFORMS RELATING TO THE able to the Vice President under section 104 els; SENIOR EXECUTIVE SERVICE of title 3. Regulations prescribed under sub- ‘‘(iii) 1 or more geographical locations; SEC. 2301. REPEAL OF RECERTIFICATION RE- section (c) may extend the application of ‘‘(iv) specific periods; QUIREMENTS OF SENIOR EXECU- this paragraph to other equivalent cat- ‘‘(v) skills, knowledge, or other factors re- TIVES. egories of employees.’’. lated to a position; or (a) IN GENERAL.—Title 5, United States ‘‘(vi) any appropriate combination of such Code, is amended— TITLE XXIV—ACADEMIC TRAINING factors;’’. (1) in chapter 33— SEC. 2401. ACADEMIC TRAINING. (2) FEDERAL EMPLOYEES’ RETIREMENT SYS- (A) in section 3393(g) by striking ‘‘3393a,’’; TEM.—Section 8414(b)(1) of title 5, United (B) by repealing section 3393a; and (a) ACADEMIC DEGREE TRAINING.—Section States Code, is amended by striking subpara- (C) in the table of sections by striking the 4107 of title 5, United States Code, is amend- graph (B) and inserting the following: item relating to section 3393a; ed to read as follows:

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00186 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 1, 2002 CONGRESSIONAL RECORD — SENATE S8003 ‘‘§ 4107. Academic degree training (B) advertise and open all Federal posi- disease outbreaks, and provide pathogen sur- ‘‘(a) Subject to subsection (b), an agency tions to United States citizens who have in- veillance data to appropriate United States may select and assign an employee to aca- curred service obligations with the United departments and agencies’’. demic degree training and may pay or reim- States Government as the result of receiving On page 17, line 12, insert ‘‘(and informa- burse the costs of academic degree training financial support for education and training tion technology)’’ after ‘‘Equipment’’. from appropriated or other available funds if from the United States Government. such training— (b) FULFILLMENT OF SERVICE REQUIREMENT SA 4469. Mr. REID (for Mr. ROCKE- ‘‘(1) contributes significantly to— IF NATIONAL SECURITY POSITIONS ARE UN- FELLER) proposed an amendment to the ‘‘(A) meeting an identified agency training AVAILABLE.— Section 802(b)(2) of the David L. bill H.R. 3253. To amend title 38, United need; Boren National Security Education Act of States Code, to provide for the estab- 1991 (50 U.S.C. 1902) is amended— ‘‘(B) resolving an identified agency staffing lishment within the Department of problem; or (1) in subparagraph (A), by striking clause ‘‘(C) accomplishing goals in the strategic (ii) and inserting the following: Veterans Affairs of improved emer- plan of the agency; ‘‘(ii) if the recipient demonstrates to the gency medical preparedness, research, ‘‘(2) is part of a planned, systematic, and Secretary (in accordance with such regula- and education programs to combat ter- coordinated agency employee development tions) that no national security position in rorism, and for other purposes; as fol- program linked to accomplishing the stra- an agency or office of the Federal Govern- lows: tegic goals of the agency; and ment having national security responsibil- Strike all after the enacting clause and in- ‘‘(3) is accredited and is provided by a col- ities is available, work in other offices or sert the following: lege or university that is accredited by a na- agencies of the Federal Government or in the SECTION 1. SHORT TITLE; TABLE OF CONTENTS. field of higher education in a discipline re- tionally recognized body. (a) SHORT TITLE.—This Act may be cited as ‘‘(b) In exercising authority under sub- lating to the foreign country, foreign lan- the ‘‘Department of Veterans Affairs Emer- section (a), an agency shall— guage, area study, or international field of gency Preparedness Act of 2002’’. ‘‘(1) consistent with the merit system prin- study for which the scholarship was awarded, (b) TABLE OF CONTENTS.—The table of con- ciples set forth in paragraphs (2) and (7) of for a period specified by the Secretary, which tents for this Act is as follows: section 2301(b), take into consideration the period shall be determined in accordance Sec. 1. Short title; table of contents. need to— with clause (i); or’’; and Sec. 2. References to title 38, United States ‘‘(A) maintain a balanced workforce in (2) in subparagraph (B), by striking clause Code. which women, members of racial and ethnic (ii) and inserting the following: minority groups, and persons with disabil- ‘‘(ii) if the recipient demonstrates to the TITLE I—MEDICAL EMERGENCY ities are appropriately represented in Gov- Secretary (in accordance with such regula- PREPAREDNESS ernment service; and tions) that no national security position is Sec. 101. Medical emergency preparedness cen- ‘‘(B) provide employees effective education available upon the completion of the degree, ters in Veterans Health Adminis- and training to improve organizational and work in other offices or agencies of the Fed- tration. individual performance; eral Government or in the field of higher TITLE II—DEPARTMENT OF VETERANS ‘‘(2) assure that the training is not for the education in a discipline relating to the for- AFFAIRS ADMINISTRATION sole purpose of providing an employee an op- eign country, foreign language, area study, Sec. 201. Additional Assistant Secretary of Vet- portunity to obtain an academic degree or to or international field of study for which the erans Affairs and functions for qualify for appointment to a particular posi- fellowship was awarded, for a period speci- Assistant Secretaries of Veterans tion for which the academic degree is a basic fied by the Secretary, which period shall be Affairs. requirement; established in accordance with clause (i); Sec. 202. Additional Deputy Assistant Secre- ‘‘(3) assure that no authority under this and’’. taries of Veterans Affairs. subsection is exercised on behalf of any em- SEC. 2403. COMPENSATORY TIME OFF FOR TRAV- TITLE III—HEALTH CARE MATTERS ployee occupying or seeking to qualify for— EL. ‘‘(A) a noncareer appointment in the Sen- Subchapter V of chapter 55 of title 5, Sec. 301. Authority to furnish health care dur- ior Executive Service; or United States Code, is amended by adding at ing major disasters and medical ‘‘(B) appointment to any position that is end the following: emergencies. excepted from the competitive service be- ‘‘§ 5550b. Compensatory time off for travel TITLE IV—RESEARCH CORPORATIONS cause of its confidential policy-determining, Sec. 401. Modification of certain authorities on policymaking, or policy-advocating char- ‘‘(a) An employee shall receive 1 hour of compensatory time off for each hour spent research corporations. acter; and Sec. 402. Coverage of research corporation per- ‘‘(4) to the greatest extent practicable, fa- by the employee in travel status away from the official duty station of the employee, to sonnel under Federal Tort Claims cilitate the use of online degree training.’’. Act and other tort claims laws. (b) TECHNICAL AND CONFORMING AMEND- the extent that the time spent in travel status is not otherwise compensable. Sec. 403. Permanent authority for research cor- MENT.—The table of sections for chapter 41 of porations. title 5, United States Code, is amended by ‘‘(b) Not later than 30 days after the date of striking the item relating to section 4107 and enactment of this section, the Office of Per- SEC. 2. REFERENCES TO TITLE 38, UNITED STATES CODE. inserting the following: sonnel Management shall prescribe regulations to implement this section.’’. Except as otherwise expressly provided, when- ‘‘4107. Academic degree training.’’. ever in this Act an amendment or repeal is ex- SEC. 2402. MODIFICATIONS TO NATIONAL SECU- SA 4468. Mr. REID (for Mr. BIDEN (for pressed in terms of an amendment to, or repeal RITY EDUCATION PROGRAM. himself and Mr. HELMS)) proposed an of, a section or other provision, the reference (a) FINDINGS AND POLICIES.— amendment to the bill S. 2487, to pro- shall be considered to be made to a section or (1) FINDINGS.—Congress finds that— other provision of title 38, United States Code. (A) the United States Government actively vide for global pathogen surveillance encourages and financially supports the and response; as follows: TITLE I—MEDICAL EMERGENCY training, education, and development of On page 3, line 1, insert ‘‘, including data PREPAREDNESS many United States citizens; sharing with appropriate United States de- SEC. 101. MEDICAL EMERGENCY PREPAREDNESS (B) as a condition of some of those sup- partments and agencies,’’ after ‘‘countries’’. CENTERS IN VETERANS HEALTH AD- On page 5, strike lines 9 through 14, and in- ports, many of those citizens have an obliga- MINISTRATION. sert the following: tion to seek either compensated or uncom- (a) IN GENERAL.—(1) Subchapter II of chapter (1) To enhance the capability and coopera- pensated employment in the Federal sector; 73 is amended by inserting after section 7320 the tion of the international community, includ- and following new section: ing the World Health Organization and indi- (C) it is in the United States national in- ‘‘§ 7320A. Medical emergency preparedness vidual countries, through enhanced pathogen terest to maximize the return to the Nation centers surveillance and appropriate data sharing, to of funds invested in the development of such detect, identify, and contain infectious dis- ‘‘(a) The Secretary shall establish and main- citizens by seeking to employ them in the ease outbreaks, whether the cause of those tain within the Veterans Health Administration Federal sector. outbreaks is intentional human action or four centers for research and activities on med- (2) POLICY.—It shall be the policy of the natural in origin. ical emergency preparedness. United States Government to— On page 5, line 17, insert ‘‘, and other elec- ‘‘(b) The purposes of each center established (A) establish procedures for ensuring that tronic’’ after ‘‘Internet-based’’. under subsection (a) shall be as follows: United States citizens who have incurred On page 6, line 5, strike ‘‘including’’ and all ‘‘(1) To carry out research on the detection, service obligations as the result of receiving that follows through ‘‘mechanisms,’’ on line diagnosis, prevention, and treatment of injuries, financial support for education and training 7, and insert the following: ‘‘including, as ap- diseases, and illnesses arising from the use of from the United States Government and propriate, relevant computer equipment, chemical, biological, radiological, or incendiary have applied for Federal positions are con- Internet connectivity mechanisms, and tele- or other explosive weapons or devices, including sidered in all recruitment and hiring initia- phone-based applications,’’. the development of methods for the detection, tives of Federal departments, bureaus, agen- On page 9, line 15, insert before the period diagnosis, prevention, and treatment of such in- cies, and offices; and the following: ‘‘, provide early notification of juries, diseases, and illnesses.

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00187 Fmt 4637 Sfmt 6333 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8004 CONGRESSIONAL RECORD — SENATE August 1, 2002 ‘‘(2) To provide to health-care professionals in ‘‘(2) Subject to the approval of the head of the ‘‘§ 1785. Care and services during major disas- the Veterans Health Administration education, department or agency concerned and the Direc- ters and medical emergencies training, and advice on the treatment of the tor of the Office of Personnel Management, an ‘‘(a) During and immediately following a dis- medical consequences of the use of chemical, bi- officer or employee of another department or aster or emergency referred to in subsection (b), ological, radiological, or incendiary or other ex- agency of the Federal Government may be de- the Secretary may furnish hospital care and plosive weapons or devices. tailed to a center if the detail will assist the cen- medical services to individuals responding to, ‘‘(3) Upon the direction of the Secretary, to ter in carrying out activities under this section. involved in, or otherwise affected by such dis- provide education, training, and advice de- Any detail under this paragraph shall be on a aster or emergency, as the case may be. scribed in paragraph (2) to health-care profes- non-reimbursable basis. ‘‘(b) A disaster or emergency referred to in sionals outside the Department through the Na- ‘‘(f) In addition to any other activities this subsection is any disaster or emergency as tional Disaster Medical System or through inter- under this section, a center established follows: agency agreements entered into by the Secretary under subsection (a) may, upon the request ‘‘(1) A major disaster or emergency declared for that purpose. of the agency concerned and with the ap- by the President under the Robert B. Stafford ‘‘(4) In the event of a national emergency, to proval of the Secretary, provide assistance Disaster Relief and Emergency Assistance Act provide such laboratory, epidemiological, med- to Federal, State, and local agencies (includ- (42 U.S.C. 5121 et seq.). ical, or other assistance as the Secretary con- ing criminal and civil investigative agencies) ‘‘(2) A disaster or emergency in which the Na- siders appropriate to Federal, State, and local engaged in investigations or inquiries in- tional Disaster Medical System is activated. health care agencies and personnel involved in tended to protect the public safety or health ‘‘(c) The Secretary may furnish care and serv- or responding to the national emergency. or otherwise obviate threats of the use of a ices under this section to veterans without re- ‘‘(c)(1) Each center established under sub- chemical, biological, radiological, or incen- gard to their enrollment in the system of annual section (a) shall be established at an existing diary or other explosive weapon or device. patient enrollment under section 1705 of this Department medical center, whether at the De- ‘‘(g) Notwithstanding any other provision title. partment medical center alone or at a Depart- of law, each center established under sub- ‘‘(d) The Secretary may give a higher priority ment medical center acting as part of a consor- section (a) may, with the approval of the to the furnishing of care and services under this tium of Department medical centers for purposes Secretary, solicit and accept contributions section than to the furnishing of care and serv- of this section. of funds and other resources, including ices to any other group of persons eligible for ‘‘(2) The Secretary shall select the sites for the grants, for purposes of the activities of such care and services in medical facilities of the De- centers from among competitive proposals that center under this section.’’. partment with the exception of— are submitted by Department medical centers (2) The table of sections at the beginning of ‘‘(1) veterans with service-connected disabil- seeking to be sites for such centers. chapter 73 is amended by inserting after the ities; and ‘‘(3) The Secretary may not select a Depart- item relating to section 7320 the following ‘‘(2) members of the Armed Forces on active ment medical center as the site of a center un- new item: duty who are furnished health-care services less the proposal of the Department medical cen- ‘‘7320A. Medical emergency preparedness cen- under section 8111A of this title. ter under paragraph (2) provides for— ‘‘(e)(1) The cost of any care or services fur- ters.’’. ‘‘(A) an arrangement with an accredited af- nished under this section to an officer or em- (b) AUTHORIZATION OF APPROPRIATIONS.—(1) filiated medical school and an accredited affili- ployee of a department or agency of the Federal There is hereby authorized to be appropriated ated school of public health (or a consortium of Government other than the Department shall be for the Department of Veterans Affairs amounts such schools) under which physicians and other reimbursed at such rates as may be agreed upon for the centers established under section 7320A health care personnel of such schools receive by the Secretary and the head of such depart- of title 38, United States Code (as added by sub- education and training through the Department ment or agency based on the cost of the care or section (a)), $20,000,000 for each of fiscal years medical center; service furnished. ‘‘(B) an arrangement with an accredited grad- 2003 through 2007. ‘‘(2) Amounts received by the Department uate program of epidemiology under which stu- (2) The amount authorized to be appropriated under this subsection shall be credited to the dents of the program receive education and by paragraph (1) is not authorized to be appro- funds allotted to the Department facility that training in epidemiology through the Depart- priated for the Veterans Health Administration furnished the care or services concerned. ment medical center; and for Medical Care, but is authorized to be appro- ‘‘(f) Within 60 days of the commencement of a ‘‘(C) the capability to attract scientists who priated for the Administration separately and disaster or emergency referred to in subsection have made significant contributions to innova- solely for purposes of the centers referred to in (b) in which the Secretary furnishes care and tive approaches to the detection, diagnosis, pre- that paragraph. services under this section (or as soon thereafter vention, and treatment of injuries, diseases, and (3) Of the amount authorized to be appro- as is practicable), the Secretary shall submit to illnesses arising from the use of chemical, bio- priated by paragraph (1) for a fiscal year, the Committees on Veterans’ Affairs of the Sen- logical, radiological, or incendiary or other ex- $5,000,000 shall be available for such fiscal year ate and the House of Representatives a report plosive weapons or devices. for each center referred to in that paragraph. on the Secretary’s allocation of facilities and ‘‘(4) In selecting sites for the centers, the Sec- TITLE II—DEPARTMENT OF VETERANS personnel in order to furnish such care and retary shall— ‘‘(A) utilize a peer review panel (consisting of AFFAIRS ADMINISTRATION services. members with appropriate scientific and clinical SEC. 201. ADDITIONAL ASSISTANT SECRETARY OF ‘‘(g) The Secretary shall prescribe regulations expertise) to evaluate proposals submitted under VETERANS AFFAIRS AND FUNCTIONS governing the exercise of the authority of the paragraph (2) for scientific and clinical merit; FOR ASSISTANT SECRETARIES OF Secretary under this section.’’. VETERANS AFFAIRS. (2) The table of sections at the beginning of and ‘‘(B) to the maximum extent practicable, en- (a) INCREASE IN MAXIMUM AUTHORIZED NUM- that chapter is amended by inserting after the sure the geographic dispersal of the sites BER OF ASSISTANT SECRETARIES OF VETERANS item relating to section 1784 the following new throughout the United States. AFFAIRS.—Section 308(a) is amended by striking item: ‘‘(d)(1) Each center established under sub- ‘‘six’’ and inserting ‘‘seven’’. ‘‘1785. Care and services during major disasters section (a) shall be administered jointly by the (b) ADDITIONAL AUTHORIZED FUNCTIONS.— and medical emergencies.’’. offices within the Department that are respon- Section 308(b) is amended by adding at the end (b) EXCEPTION FROM REQUIREMENT FOR sible for directing research and for directing the following new paragraph: CHARGES FOR EMERGENCY CARE.—Section 1784 is medical emergency preparedness. ‘‘(11) Operations, preparedness, security, and amended by inserting ‘‘, except as provided in ‘‘(2) The Secretary and the heads of the agen- law enforcement functions.’’. section 1785 of this title with respect to a dis- cies concerned shall take appropriate actions to (c) CONFORMING AMENDMENT.—Section 5315 of aster or emergency covered by that section,’’ ensure that the work of each center is carried title 5, United States Code, is amended by strik- after ‘‘but’’. out— ing the item relating to Assistant Secretaries, (c) MEMBERS OF THE ARMED FORCES.—Sub- ‘‘(A) in close coordination with the Depart- Department of Veterans Affairs and inserting section (a) of section 8111A is amended to read ment of Defense, Department of Health and the following new item: as follows: Human Services, Office of Homeland Security, ‘‘Assistant Secretaries, Department of Vet- ‘‘(a)(1) During and immediately following a and other departments, agencies, and elements erans Affairs (7)’’. period of war, or a period of national emergency declared by the President or Congress that in- of the Federal Government charged with coordi- SEC. 202. ADDITIONAL DEPUTY ASSISTANT SEC- nation of plans for United States homeland se- RETARIES OF VETERANS AFFAIRS. volves the use of the Armed Forces in armed curity; and Section 308(d)(1) is amended by striking ‘‘18’’ conflict, the Secretary may furnish hospital ‘‘(B) in accordance with any applicable rec- and inserting ‘‘20’’. care, nursing home care, and medical services to ommendations of the Working Group on Bioter- members of the Armed Forces on active duty. rorism and Other Public Health Emergencies, or TITLE III—HEALTH CARE MATTERS ‘‘(2)(A) During and immediately following a any other joint interagency advisory groups or SEC. 301. AUTHORITY TO FURNISH HEALTH CARE disaster or emergency referred to in subpara- committees designated to coordinate Federal re- DURING MAJOR DISASTERS AND graph (B), the Secretary may furnish hospital search on weapons of mass destruction. MEDICAL EMERGENCIES. care and medical services to members of the ‘‘(e)(1) Each center established under sub- (a) IN GENERAL.—(1) Subchapter VII of chap- Armed Forces on active duty responding to or section (a) shall be staffed by officers and em- ter 17 is amended by inserting after section 1784 involved in such disaster or emergency, as the ployees of the Department. the following new section: case may be.

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‘‘(B) A disaster or emergency referred to in ‘‘§ 7364A. Coverage of employees under certain COMMITTEE ON ARMED SERVICES this subparagraph is any disaster or emergency Federal tort claims laws Mr. REID. Mr. President, I ask unan- follows: ‘‘(a) An employee of a corporation established imous consent that the Committee on ‘‘(i) A major disaster or emergency declared by under this subchapter who is described by sub- Armed Services be authorized to meet the President under the Robert B. Stafford Dis- section (b) shall be considered an employee of during the session of the Senate on aster Relief and Emergency Assistance Act (42 the government, or a medical care employee of U.S.C. 5121 et seq.). Thursday, August 1, 2002, at 1:30 p.m., the Veterans Health Administration, for pur- in closed session to consider a pending ‘‘(ii) A disaster or emergency in which the Na- poses of the following provisions of law: tional Disaster Medical System is activated. ‘‘(1) Section 1346(b) of title 28. reprogramming. ‘‘(3) The Secretary may give a higher priority ‘‘(2) Chapter 171 of title 28. The PRESIDING OFFICER. Without to the furnishing of care and services under this ‘‘(3) Section 7316 of this title. objection, it is so ordered. section than to the furnishing of care and serv- ‘‘(b) An employee described in this subsection COMMITTEE ON FINANCE ices to any other group of persons eligible for is an employee who— Mr. REID. Mr. President, I ask unan- care and services in medical facilities of the De- ‘‘(1) has an appointment with the Depart- imous consent that the Committee on partment with the exception of veterans with ment, whether with or without compensation; Finance be authorized to meet during service-connected disabilities. ‘‘(2) is directly or indirectly involved or en- ‘‘(4) In this section, the terms ‘hospital care’, gaged in research or education and training the session of the Senate on Thursday, ‘nursing home care’, and ‘medical services’ have that is approved in accordance with procedures August 1, 2002, immediately following a the meanings given such terms by sections established by the Under Secretary for Health vote on the Senate Floor, at a time to 1701(5), 101(28), and 1701(6) of this title, respec- for research or education and training; and be announced, to consider favorably re- tively.’’. ‘‘(3) performs such duties under the super- porting the following nominations: Ms. TITLE IV—RESEARCH CORPORATIONS vision of Department personnel.’’. Charlotte A. Lane, to be a Member of (b) CLERICAL AMENDMENT.—The table of sec- the United States International Trade SEC. 401. MODIFICATION OF CERTAIN AUTHORI- tions at the beginning of chapter 73 is amended TIES ON RESEARCH CORPORATIONS. by inserting after the item relating to section Commission, and Pamela F. Olson, to (a) RESTATEMENT AND ENHANCEMENT OF AU- 7364 the following new item: be Assistant Secretary of the Treasury, THORITY ON AVAILABILITY OF FUNDS.—Section U.S. Department of Treasury. 7362 is amended— ‘‘7364A. Coverage of employees under certain Federal tort claims laws.’’. The PRESIDING OFFICER. Without (1) by redesignating subsection (b) as sub- objection, it is so ordered. section (c); SEC. 403. PERMANENT AUTHORITY FOR RE- (2) by striking the second sentence of sub- SEARCH CORPORATIONS. COMMITTEE ON FINANCE section (a); and (a) REPEAL OF SUNSET.—Section 7368 is re- Mr. REID. Mr. President, I ask unan- (3) by inserting after subsection (a) the fol- pealed. imous consent that the Committee on lowing new subsection (b): (b) CLERICAL AMENDMENT.—The table of sec- Finance be authorized to meet during ‘‘(b)(1) Any funds, other than funds appro- tions at the beginning of chapter 73 is amended the session of the Senate on Thursday, priated for the Department, that are received by by striking the item relating to section 7368. August 1, 2002, at 10:00 a.m., to hear the Secretary for the conduct of research or edu- testimony on the Nomination of Pam- cation and training may be transferred to and SA 4470. Mr. REID (for Mr. ROCKE- administered by a corporation established under FELLER) proposed an amendment to the ela F. Olson to be Assistant Secretary this subchapter for the purposes set forth in bill H.R. 3253. To amend title 38, United of the Treasury. subsection (a). States Code, to provide for the estab- The PRESIDING OFFICER. Without ‘‘(2) Funds appropriated for the Department lishment within the Department of objection, it is so ordered. are available for the conduct of research or edu- Veterans Affairs of improved emer- COMMITTEE ON FOREIGN RELATIONS cation and training by a corporation, but only gency medical preparedness, research, Mr. REID. Mr. President, I ask unan- pursuant to the terms of a contract or other imous consent that the Committee on agreement between the Department and such and education programs to combat terrorism, and for other purposes; as fol- Foreign Relations be authorized to corporation that is entered into in accordance meet during the session of the Senate with applicable law and regulations. lows: ‘‘(3) A contract or agreement executed pursu- Amend the title to read: ‘‘A bill to amend on Thursday, August 1, 2002 at 9:30 a.m. ant to paragraph (2) or section 8153 of this title title 38, United States Code, to enhance the to hold a business meeting. may facilitate only research or education and emergency preparedness of the Department Agenda training described in subsection (a). Such con- of Veterans Affairs, and for other purposes.’’. The Committee will consider and tract or agreement may not be executed for the f provision of a health-care resource unless such vote on the following agenda items: AUTHORITY FOR COMMITTEES TO health-care resource is related to such research TREATIES or education and training.’’. MEET (b) TREATMENT OF CORPORATIONS AS AFFILI- 1. Treaty Doc. 106–10; Amendment to COMMITTEE ON AGRICULTURE, NUTRITION, AND ATED INSTITUTIONS FOR SHARING OF HEALTH- FORESTRY the Montreal Protocol on Substances CARE RESOURCES.—Section 8153(a)(3) is amend- Mr. REID. Mr. President, I ask unan- that Deplete the Ozone Layer (the ed— ‘‘Montreal Protocol’’), adopted at Mon- (1) by redesignating subparagraphs (C), (D), imous consent that the Committee on Agriculture, Nutrition, and Forestry be treal on September 15–17, 1997, by the and (E) as subsections (D), (E), and (F), respec- Ninth Meeting of the Parties to the tively; allowed to meet during the session of (2) by inserting after subparagraph (B) the the Senate on Thursday, August 1, 2002. Montreal Protocol. 2. Treaty Doc. 106–32, Amendment to following new subparagraph (C): The purpose of this business meeting the Montreal Protocol on Substances ‘‘(C) If the resource required is research or will be to consider the nomination of that Deplete the Ozone Layer (the education and training (as that term is defined Mr. Tom Dorr to be the Under Sec- in section 7362(c) of this title) and is to be ac- ‘‘Montreal Protocol’’), adopted at Bei- retary of Agriculture for Rural Devel- quired from a corporation established under jing on December 3, 1999, by the Elev- opment at the U.S. Department of Ag- subchapter IV of chapter 73 of this title, the Sec- enth Meeting of the Parties to the riculture and to consider disaster as- retary may make arrangements for acquisition Montreal Protocol (the ‘‘Beijing of the resource without regard to any law or sistance legislation at 9:30 am. Amendment’’). regulation (including any Executive order, cir- The PRESIDING OFFICER. Without cular, or other administrative policy) that would objection, it is so ordered. Legislation otherwise require the use of competitive proce- COMMITTEE ON ARMED SERVICES dures for acquiring the resource.’’; S. 2712, A bill to authorize economic (3) in subparagraph (D), as so redesignated, Mr. REID. Mr. President, I ask unan- and democratic development assistance by striking ‘‘(A) or (B)’’ and inserting ‘‘(A), (B), imous consent that the Committee on for Afghanistan and to authorize mili- or (C)’’; and Armed Services be authorized to meet tary assistance for Afghanistan and (4) in subparagraph (E), as so redesignated, during the session of the Senate on certain other foreign countries, with by striking ‘‘(A)’’ and inserting ‘‘(A) or (B)’’. Thursday, August 1, 2002, at 9:00 a.m., amendments. SEC. 402. COVERAGE OF RESEARCH CORPORA- in both open and closed sessions to con- 2. S. Res. 309, A resolution expressing TION PERSONNEL UNDER FEDERAL tinue to receive testimony on the na- the sense of the Senate that Bosnia and TORT CLAIMS ACT AND OTHER TORT CLAIMS LAWS. tional security implications of the Herzegovina should be congratulated (a) IN GENERAL.—Subchapter IV of chapter 73 strategic offensive reductionstreaty. on the 10th anniversary of its recogni- is amended by inserting after section 7364 the The PRESIDING OFFICER. Without tion by the United States, with an following new section: objection, it is so ordered. amendment.

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00189 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8006 CONGRESSIONAL RECORD — SENATE August 1, 2002 3. S. Con. Res. 122, A concurrent reso- Indian Affairs be authorized to meet on titled ‘‘Promoting Small Business Reg- lution expressing the sense of Congress Thursday, August 1, 2002, at 10 a.m. in ulatory Compliance and Entrepre- that security, reconciliation, and pros- Room 485 of the Russell Senate Office neurial Education—The Role of the perity for all Cypriots can be best Building to conduct a business meeting SBDC Network’’ on Thursday, August achieved within the context of mem- to mark up S. 1344, a bill to provide 1, 2002, beginning at 2:00 p.m. in room bership in the European Union which training and technical assistance to 428 A of the Russell Senate Office will provide significant rights and obli- Native Americans who are interested Building. gations for all Cypriots, and for other in commercial vehicle driving careers; The PRESIDING OFFICER. Without purposes, with amendments. S. 2017, a bill to amend the Indian Fi- objection, it is so ordered. 4. H.R. 2121; An act to make available nancing Act of 1974 to improve the ef- SUBCOMMITTEE ON CRIME AND DRUGS funds under the Foreign Assistance Act fectiveness of the Indian loan guar- Mr. REID. Mr. President, I ask unan- of 1961 to expand democracy, good gov- antee and insurance program; and S. imous consent that the Committee on ernance, and anti-corruption programs 2711, a bill to reauthorize and improve the Judiciary Subcommittee on Crime in the Russian Federation in order to programs relating to Native Ameri- and Drugs be authorized to meet to promote and strengthen democratic cans, to be followed immediately by an conduct a hearing on ‘‘Criminal and government and civil society in that oversight hearing on the Interior Sec- Civil Enforcement of Environmental country and to support independent retary’s report on the Hoopa Yurok Laws: Do We Have All The Tools We media, with amendments. Settlement Act. Need?’’ on Thursday, August 1, 2002, at 5. H.R. 4558, An act to extend the The committee will meet again on 2:15 p.m. in SD–226. Irish Peace Process Cultural and Train- Thursday, August 1, 2002 at 2 p.m. in WITNESS LIST ing Program. Room 485 of the Russell Senate Office PANEL I Nominations Building to conduct an oversight hearing on problems facing native youth. The Hon. Thomas L. Sansonetti, Assistant 1. Ms. Nancy J. Powell, of Iowa, to be Attorney General for the Environment and The PRESIDING OFFICER. Without Ambassador to the Islamic Republic of Natural Resources Division, Washington, DC. objection, it is so ordered. Pakistan. The Hon. Timothy M. Burgess, United The PRESIDING OFFICER. Without COMMITTEE ON INDIAN AFFAIRS States Attorney for the District of Alaska, objection, it is so ordered. Mr. REID. Mr. President, I ask unan- Anchorage, AK. COMMITTEE ON FOREIGN RELATIONS imous consent that the Committee on PANEL II Mr. REID. Mr. President, I ask unan- Indian Affairs be authorized to meet on Eric V. Schaeffer, Former Director of the imous consent that the Committee on Thursday, August 1, 2002, at 10 a.m. in Office of Regulatory Enforcement, U.S. Envi- Foreign Relations be authorized to Room 485 of the Russell Senate Office ronmental Protection Agency, Director, En- Building to conduct an oversight hear- vironmental Integrity Project, Rockefeller meet during the session of the Senate Family Fund, Washington, DC. on Thursday, August 1, 2002 at 10 a.m. ing on the Interior Secretary’s report on the Hoopa Yurok Settlement Act. Judson W. Starr, Former Chief, Environ- to hold a hearing on Iraq. mental Crimes Section, U.S. Department of I also ask unanimous consent that Agenda Justice, Partner, Venable LLP, Washington, the Committee on Indian Affairs be au- DC. Witnesses: thorized to meet on Thursday, August Ronald A. Sarachan, Former Chief, Envi- Panel IV: The Day After: Dr. Phebe 1, 2002, at 2 p.m. in Room 485 of the ronmental Crimes Section, U.S. Department of Justice, Partner, Ballard Spahr Andrews Marr, Former Senior Fellow, Institute Russell Senate Office Building to conduct an oversight hearing on Problems & Ingersoll, LLP, Philadelphia, PA. for National Strategic Studies, Na- Michael J. Penders, Former Director of tional Defense University, Washington, Facing Native Youth. The PRESIDING OFFICER. Without Legal Counsel, Office of Criminal Enforce- DC; Mrs. Rahim Francke, Executive objection, it is so ordered. ment, Forensics and Training, U.S. Environ- Director, Iraq Foundation, Wash- mental Protection Agency, President and ington, DC. COMMITTEE ON THE JUDICIARY CEO, Environmental Protection Inter- Additional witnesses to be an- Mr. REID. Mr. President, I ask unan- national, Washington, DC. nounced. imous consent that the Committee on Nicholas A. DiPasquale, Secretary Dela- Panel V: Summing Up: National Se- the Judiciary be authorized to meet to ware Department of Natural Resources and curity Perspectives: Mr. Samuel R. conduct a hearing on ‘‘Judicial Nomi- Environmental Control, Dover, DC. Berger, Chairman, Stonebridge Inter- nations’’ on Thursday, August 1, 2002 in The PRESIDING OFFICER. Without national LLC, Washington, DC. Dirksen room 226 at 2 p.m. objection, it is so ordered. Additional witnesses to be an- PANEL I SUBCOMMITTEE ON INTERNATIONAL TRADE nounced. The Honorable Arlen Specter, U.S. Senator Mr. REID. Mr. President, I ask unan- The PRESIDING OFFICER. Without (R–PA); The Honorable Phil Gramm, U.S. imous consent that the subcommittee objection, it is so ordered. Senator (R–TX); The Honorable Kay Bailey on international trade and finance of COMMITTEE ON HEALTH, EDUCATION, LABOR, Hutchison, U.S. Senator (R–TX); The Honor- the committee on banking, housing, AND PENSION able Rick Santorum, U.S. Senator (R–PA); and urban affairs be authorized to meet The Honorable Charles Schumer, U.S. Sen- Mr. REID. Mr. President, I ask unan- during the session of the senate on imous consent that the HELP Com- ator (D–NY); and The Honorable Hilary Rodham Clinton, U.S. Senator (D–NY). Thursday, August 1, 2002, at 2:30 p.m. to mittee be authorized to meet at 2:50 conduct an oversight hearing on ‘‘the PANEL II p.m. today, August 1, 2002 to consider role of charities and N.G.O.s in the fi- the following attached agenda. Reena Raggi to be a U.S. Circuit Court Judge for the 2nd Circuit. nancing of terrorist activities.’’ S. 2394. A bill to amend the Federal The PRESIDING OFFICER. Without PANEL III Food, Drug and Cosmetic Act to re- objection, it is so ordered. quire labeling containing information Lawrence J. Block to be Judge for the U.S. applicable to pediatric patients Court of Federal Claims; James Knoll Gard- f S. 2445. The Book Stamp Act ner to be U.S. District Court Judge for the Eastern District of PA; and Ronald H. Clark PRIVILEGES OF THE FLOOR Presidential Nominations to be U.S. District Court Judge for the East- Mr. GRASSLEY. Madam President, I Edward Fitzmaurice, Jr., of Texas, to ern District of Texas. ask unanimous consent that Heather be a Member of the National Mediation The PRESIDING OFFICER. Without Marshall Byers and Norman A. Board and Harry R. Hoglander, of Mas- objection, it is so ordered. MacLean be allowed on the Senate sachusetts, to be a Member of the Na- COMMITTEE ON SMALL BUSINESS AND floor for today, the first day of August. tional Mediation Board. ENTREPRENEURSHIP The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without Mr. REID. Mr. President, I ask unan- objection, it is so ordered. objection, it is so ordered. imous consent that the Committee on Mr. REED. I ask unanimous consent COMMITTEE ON INDIAN AFFAIRS Small Business and Entrepreneurship that Joyce Iutcovich, a fellow in my of- Mr. REID. Mr. President, I ask unan- be authorized to meet during the ses- fice, be granted floor privileges for the imous consent that the Committee on sion of the Senate for a roundtable en- remainder of today.

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00190 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 1, 2002 CONGRESSIONAL RECORD — SENATE S8007 The PRESIDING OFFICER. Without Patent Term Restoration Act of 1984 (98 ‘‘(D) PUBLICATION.—On filing of patent in- objection, it is so ordered. Stat. 1585) (referred to in this section as the formation required under subparagraph (A) Mr. CORZINE. Madam President, I ‘‘Hatch-Waxman Act’’) to make generic or (B), the Secretary shall— ask unanimous consent that Angie drugs more accessible, and thus reduce ‘‘(i) immediately publish the information health care costs; and described in clauses (i) through (iv) of sub- Drumm, a fellow in my office, be grant- (10) it would be in the public interest if paragraph (C); and ed floor privileges for the remainder of patents on drugs for which applications are ‘‘(ii) make the information described in today’s session. approved under section 505(c) of the Federal clauses (v) and (vi) of subparagraph (C) avail- The PRESIDING OFFICER. Without Food, Drug, and Cosmetic Act (21 U.S.C. able to the public on request. objection, it is so ordered. 355(c)) were extended only through the pat- ‘‘(E) CIVIL ACTION FOR CORRECTION OR DELE- ent extension procedure provided under the TION OF PATENT INFORMATION.— f Hatch-Waxman Act rather than through the ‘‘(i) IN GENERAL.—A person that has filed GREATER ACCESS TO AFFORD- attachment of riders to bills in Congress. an application under subsection (b)(2) or (j) ABLE PHARMACEUTICALS ACT (b) PURPOSES.—The purposes of this title for a drug may bring a civil action against OF 2002 are— the holder of the approved application for (1) to increase competition, thereby help- the drug seeking an order requiring that the (On Wednesday, July 31, 2002, the ing all Americans, especially seniors and the holder of the application amend the applica- Senate passed S. 812, as follows:) uninsured, to have access to more affordable tion— S. 812 medication; and ‘‘(I) to correct patent information filed Be it enacted by the Senate and House of Rep- (2) to ensure fair marketplace practices under subparagraph (A); or resentatives of the United States of America in and deter pharmaceutical companies (includ- ‘‘(II) to delete the patent information in its Congress assembled, ing generic companies) from engaging in entirety for the reason that— anticompetitive action or actions that tend ‘‘(aa) the patent does not claim the drug TITLE I—GREATER ACCESS TO to unfairly restrain trade. for which the application was approved; or AFFORDABLE PHARMACEUTICALS SEC. 103. FILING OF PATENT INFORMATION WITH ‘‘(bb) the patent does not claim an ap- SEC. 101. SHORT TITLE. THE FOOD AND DRUG ADMINISTRA- proved method of using the drug. This title may be cited as the ‘‘Greater Ac- TION. ‘‘(ii) LIMITATIONS.—Clause (i) does not au- cess to Affordable Pharmaceuticals Act of (a) FILING AFTER APPROVAL OF AN APPLICA- thorize— 2002’’. TION.— ‘‘(I) a civil action to correct patent infor- SEC. 102. FINDINGS; PURPOSES. (1) IN GENERAL.—Section 505 of the Federal mation filed under subparagraph (B); or (a) FINDINGS.—Congress finds that— Food, Drug, and Cosmetic Act (21 U.S.C. 355) ‘‘(II) an award of damages in a civil action (1) prescription drug costs are increasing (as amended by section 9(a)(2)(B)(ii)) is under clause (i). at an alarming rate and are a major worry of amended in subsection (c) by striking para- ‘‘(F) NO CLAIM FOR PATENT INFRINGEMENT.— American families and senior citizens; graph (2) and inserting the following: An owner of a patent with respect to which (2) enhancing competition between generic ‘‘(2) PATENT INFORMATION.— a holder of an application fails to file infor- drug manufacturers and brand-name manu- ‘‘(A) IN GENERAL.—Not later than the date mation on or before the date required under facturers can significantly reduce prescrip- that is 30 days after the date of an order ap- subparagraph (A) or (B) shall be barred from tion drug costs for American families; proving an application under subsection (b) bringing a civil action for infringement of (3) the pharmaceutical market has become (unless the Secretary extends the date be- the patent against a person that— increasingly competitive during the last dec- cause of extraordinary or unusual cir- ‘‘(i) has filed an application under sub- ade because of the increasing availability cumstances), the holder of the application section (b)(2) or (j); or and accessibility of generic pharmaceuticals, shall file with the Secretary the patent in- ‘‘(ii) manufactures, uses, offers to sell, or but competition must be further stimulated formation described in subparagraph (C) with sells a drug approved under an application and strengthened; respect to any patent— under subsection (b)(2) or (j).’’. (4) the Federal Trade Commission has dis- ‘‘(i)(I) that claims the drug for which the (2) TRANSITION PROVISION.— covered that there are increasing opportuni- application was approved; or (A) FILING OF PATENT INFORMATION.—Each ties for drug companies owning patents on ‘‘(II) that claims an approved method of holder of an application for approval of a brand-name drugs and generic drug compa- using the drug; and new drug under section 505(b) of the Federal nies to enter into private financial deals in a ‘‘(ii) with respect to which a claim of pat- Food, Drug, and Cosmetic Act (21 U.S.C. manner that could restrain trade and greatly ent infringement could reasonably be as- 355(b)) that has been approved before the reduce competition and increase prescription serted if a person not licensed by the owner date of enactment of this Act shall amend drug costs for consumers; engaged in the manufacture, use, or sale of the application to include the patent infor- (5) generic pharmaceuticals are approved the drug. mation required under the amendment made by the Food and Drug Administration on the ‘‘(B) SUBSEQUENTLY ISSUED PATENTS.—In a by paragraph (1) not later than the date that basis of scientific testing and other informa- case in which a patent described in subpara- is 30 days after the date of enactment of this tion establishing that pharmaceuticals are graph (A) is issued after the date of an order Act (unless the Secretary of Health and therapeutically equivalent to brand-name approving an application under subsection Human Services extends the date because of pharmaceuticals, ensuring consumers a safe, (b), the holder of the application shall file extraordinary or unusual circumstances). efficacious, and cost-effective alternative to with the Secretary the patent information (B) NO CLAIM FOR PATENT INFRINGEMENT.— brand-name innovator pharmaceuticals; described in subparagraph (C) not later than An owner of a patent with respect to which (6) the Congressional Budget Office esti- the date that is 30 days after the date on a holder of an application under subsection mates that— which the patent is issued (unless the Sec- (b) of section 505 of the Federal Food, Drug, (A) the use of generic pharmaceuticals for retary extends the date because of extraor- and Cosmetic Act (21 U.S.C. 355) fails to file brand-name pharmaceuticals could save pur- dinary or unusual circumstances). information on or before the date required chasers of pharmaceuticals between ‘‘(C) PATENT INFORMATION.—The patent in- under subparagraph (A) shall be barred from $8,000,000,000 and $10,000,000,000 each year; formation required to be filed under subpara- bringing a civil action for infringement of and graph (A) or (B) includes— the patent against a person that— (B) generic pharmaceuticals cost between ‘‘(i) the patent number; (i) has filed an application under sub- 25 percent and 60 percent less than brand- ‘‘(ii) the expiration date of the patent; section (b)(2) or (j) of that section; or name pharmaceuticals, resulting in an esti- ‘‘(iii) with respect to each claim of the pat- (ii) manufactures, uses, offers to sell, or mated average savings of $15 to $30 on each ent— sells a drug approved under an application prescription; ‘‘(I) whether the patent claims the drug or under subsection (b)(2) or (j) of that section. (7) generic pharmaceuticals are widely ac- claims a method of using the drug; and (b) FILING WITH AN APPLICATION.—Section cepted by consumers and the medical profes- ‘‘(II) whether the claim covers— 505 of the Federal Food, Drug, and Cosmetic sion, as the market share held by generic ‘‘(aa) a drug substance; Act (21 U.S.C. 355) is amended— pharmaceuticals compared to brand-name ‘‘(bb) a drug formulation; (1) in subsection (b)(2)— pharmaceuticals has more than doubled dur- ‘‘(cc) a drug composition; or (A) in subparagraph (A), by striking ‘‘and’’ ing the last decade, from approximately 19 ‘‘(dd) a method of use; at the end; percent to 43 percent, according to the Con- ‘‘(iv) if the patent claims a method of use, (B) in subparagraph (B), by striking the pe- gressional Budget Office; the approved use covered by the claim; riod at the end and inserting ‘‘; and’’; and (8) expanding access to generic pharma- ‘‘(v) the identity of the owner of the patent (C) by adding at the end the following: ceuticals can help consumers, especially sen- (including the identity of any agent of the ‘‘(C) with respect to a patent that claims ior citizens and the uninsured, have access to patent owner); and both the drug and a method of using the drug more affordable prescription drugs; ‘‘(vi) a declaration that the applicant, as of or claims more than 1 method of using the (9) Congress should ensure that measures the date of the filing, has provided complete drug for which the application is filed— are taken to effectuate the amendments and accurate patent information for all pat- ‘‘(i) a certification under subparagraph made by the Drug Price Competition and ents described in subparagraph (A). (A)(iv) on a claim-by-claim basis; and

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00191 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8008 CONGRESSIONAL RECORD — SENATE August 1, 2002 ‘‘(ii) a statement under subparagraph (B) cation of the civil action to be delivered to dress for the receipt of expedited notification regarding the method of use claim.’’; and that address by the next business day.’’; and of a civil action under clause (i), the plaintiff (2) in subsection (j)(2)(A), by inserting (2) by inserting after subparagraph (B) the shall, on the date on which the complaint is after clause (viii) the following: following: filed, simultaneously cause a notification of ‘‘With respect to a patent that claims both ‘‘(C) FAILURE TO BRING INFRINGEMENT AC- the civil action to be delivered to that ad- the drug and a method of using the drug or TION.—If, in connection with an application dress by the next business day.’’; and claims more than 1 method of using the drug under this subsection, the applicant provides (2) by inserting after paragraph (3) the fol- for which the application is filed, the appli- an owner of a patent notice under paragraph lowing: cation shall contain a certification under (2)(B) with respect to the patent, and the ‘‘(4) FAILURE TO BRING INFRINGEMENT AC- clause (vii)(IV) on a claim-by-claim basis and owner of the patent fails to bring a civil ac- TION.—If, in connection with an application a statement under clause (viii) regarding the tion against the applicant for infringement under subsection (b)(2), the applicant pro- method of use claim.’’. of the patent on or before the date that is 45 vides an owner of a patent notice under sub- SEC. 104. LIMITATION OF 30-MONTH STAY TO days after the date on which the notice is re- section (b)(3) with respect to the patent, and CERTAIN PATENTS. ceived, the owner of the patent shall be the owner of the patent fails to bring a civil (a) ABBREVIATED NEW DRUG APPLICA- barred from bringing a civil action for inaction against the applicant for infringe- TIONS.—Section 505(j)(5) of the Federal Food, fringement of the patent in connection with ment of the patent on or before the date that Drug, and Cosmetic Act (21 U.S.C. 355(j)(5)) is the development, manufacture, use, offer to is 45 days after the date on which the notice amended— sell, or sale of the drug for which the appli- is received, the owner of the patent shall be (1) in subparagraph (B)— cation was filed or approved under this sub- barred from bringing a civil action for in- (A) in clause (iii)— section.’’. fringement of the patent in connection with (i) by striking ‘‘(iii) If the applicant made (b) OTHER APPLICATIONS.—Section 505(c)) of the development, manufacture, use, offer to a certification described in subclause (IV) of the Federal Food, Drug, and Cosmetic Act sell, or sale of the drug for which the appli- paragraph (2)(A)(vii),’’ and inserting the fol- (21 U.S.C. 355(c)) (as amended by section cation was filed or approved under sub- lowing: 9(a)(3)(A)(iii)) is amended— section (b)(2).’’. ‘‘(iii) SUBCLAUSE (IV) CERTIFICATION WITH (1) in paragraph (3)— (c) EFFECTIVE DATE.— RESPECT TO CERTAIN PATENTS.—If the appli- (A) in subparagraph (C)— (1) IN GENERAL.—The amendments made by cant made a certification described in para- (i) by striking ‘‘(C) If the applicant made a subsections (a) and (b) shall be effective with graph (2)(A)(vii)(IV) with respect to a patent certification described in clause (iv) of sub- respect to any certification under subsection (other than a patent that claims a process section (b)(2)(A),’’ and inserting the fol- (b)(2)(A)(iv) or (j)(2)(A)(vii)(IV) of section 505 for manufacturing the listed drug) for which lowing: of the Federal Food, Drug, and Cosmetic Act patent information was filed with the Sec- ‘‘(C) CLAUSE (iv) CERTIFICATION WITH RE- (21 U.S.C. 355) made after the date of enact- retary under subsection (c)(2)(A),’’; and SPECT TO CERTAIN PATENTS.—If the applicant (ii) by adding at the end the following: made a certification described in subsection ment of this Act in an application filed ‘‘The 30-month period provided under the (b)(2)(A)(iv) with respect to a patent (other under subsection (b)(2) or (j) of that section. second sentence of this clause shall not than a patent that claims a process for man- (2) TRANSITION PROVISION.—In the case of apply to a certification under paragraph ufacturing the listed drug) for which patent applications under section 505(b) of the Fed- (2)(A)(vii)(IV) made with respect to a patent information was filed with the Secretary eral Food, Drug, and Cosmetic Act (21 U.S.C. for which patent information was filed with under paragraph (2)(A),’’; and 355(b)) filed before the date of enactment of the Secretary under subsection (c)(2)(B).’’; (ii) by adding at the end the following: this Act— (B) by redesignating clause (iv) as clause ‘‘The 30-month period provided under the (A) a patent (other than a patent that (v); and second sentence of this subparagraph shall claims a process for manufacturing a listed (C) by inserting after clause (iii) the fol- not apply to a certification under subsection drug) for which information was submitted lowing: (b)(2)(A)(iv) made with respect to a patent to the Secretary of Health and Human Serv- ‘‘(iv) SUBCLAUSE (IV) CERTIFICATION WITH for which patent information was filed with ices under section 505(b)(1) of the Federal RESPECT TO OTHER PATENTS.— the Secretary under paragraph (2)(B).’’; and Food, Drug, and Cosmetic Act (as in effect ‘‘(I) IN GENERAL.—If the applicant made a (B) by inserting after subparagraph (C) the on the day before the date of enactment of certification described in paragraph following: this Act) shall be subject to subsections (2)(A)(vii)(IV) with respect to a patent not ‘‘(D) CLAUSE (iv) CERTIFICATION WITH RE- (c)(3)(C) and (j)(5)(B)(iii) of section 505 of the described in clause (iii) for which patent in- SPECT TO OTHER PATENTS.— Federal Food, Drug, and Cosmetic Act (as formation was published by the Secretary ‘‘(i) IN GENERAL.—If the applicant made a amended by this section); and under subsection (c)(2)(D), the approval shall certification described in subsection (B) any other patent (including a patent be made effective on the date that is 45 days (b)(2)(A)(iv) with respect to a patent not de- for which information was submitted to the after the date on which the notice provided scribed in subparagraph (C) for which patent Secretary under section 505(c)(2) of that Act under paragraph (2)(B) was received, unless a information was published by the Secretary (as in effect on the day before the date of en- civil action for infringement of the patent, under paragraph (2)(D), the approval shall be actment of this Act)) shall be subject to sub- accompanied by a motion for preliminary in- made effective on the date that is 45 days sections (c)(3)(D) and (j)(5)(B)(iv) of section junction to enjoin the applicant from engag- after the date on which the notice provided 505 of the Federal Food, Drug, and Cosmetic ing in the commercial manufacture or sale of under subsection (b)(3) was received, unless a Act (as amended by this section). the drug, was filed on or before the date that civil action for infringement of the patent, SEC. 105. EXCLUSIVITY FOR ACCELERATED GE- is 45 days after the date on which the notice accompanied by a motion for preliminary in- NERIC DRUG APPLICANTS. was received, in which case the approval junction to enjoin the applicant from engag- (a) IN GENERAL.—Section 505(j)(5) of the shall be made effective— ing in the commercial manufacture or sale of Federal Food, Drug, and Cosmetic Act (21 ‘‘(aa) on the date of a court action declin- the drug, was filed on or before the date that U.S.C. 355(j)(5)) (as amended by section 4(a)) ing to grant a preliminary injunction; or is 45 days after the date on which the notice is amended— ‘‘(bb) if the court has granted a prelimi- was received, in which case the approval (1) in subparagraph (B)(v), by striking sub- nary injunction prohibiting the applicant shall be made effective— clause (II) and inserting the following: from engaging in the commercial manufac- ‘‘(I) on the date of a court action declining ‘‘(II) the earlier of— ture or sale of the drug— to grant a preliminary injunction; or ‘‘(aa) the date of a final decision of a court ‘‘(AA) on issuance by a court of a deter- ‘‘(II) if the court has granted a preliminary (from which no appeal has been or can be mination that the patent is invalid or is not injunction prohibiting the applicant from taken, other than a petition to the Supreme infringed; engaging in the commercial manufacture or Court for a writ of certiorari) holding that ‘‘(BB) on issuance by a court of an order sale of the drug— the patent that is the subject of the certifi- revoking the preliminary injunction or per- ‘‘(aa) on issuance by a court of a deter- cation is invalid or not infringed; or mitting the applicant to engage in the com- mination that the patent is invalid or is not ‘‘(bb) the date of a settlement order or con- mercial manufacture or sale of the drug; or infringed; sent decree signed by a Federal judge that ‘‘(CC) on the date specified in a court order ‘‘(bb) on issuance by a court of an order re- enters a final judgment and includes a find- under section 271(e)(4)(A) of title 35, United voking the preliminary injunction or permit- ing that the patent that is the subject of the States Code, if the court determines that the ting the applicant to engage in the commer- certification is invalid or not infringed;’’; patent is infringed. cial manufacture or sale of the drug; or and ‘‘(II) COOPERATION.—Each of the parties ‘‘(cc) on the date specified in a court order (2) by inserting after subparagraph (C) the shall reasonably cooperate in expediting a under section 271(e)(4)(A) of title 35, United following: civil action under subclause (I). States Code, if the court determines that the ‘‘(D) FORFEITURE OF 180-DAY PERIOD.— ‘‘(III) EXPEDITED NOTIFICATION.—If the no- patent is infringed. ‘‘(i) DEFINITIONS.—In this subparagraph: tice under paragraph (2)(B) contains an ad- ‘‘(ii) COOPERATION.—Each of the parties ‘‘(I) APPLICATION.—The term ‘application’ dress for the receipt of expedited notification shall reasonably cooperate in expediting a means an application for approval of a drug of a civil action under subclause (I), the civil action under clause (i). under this subsection containing a certifi- plaintiff shall, on the date on which the com- ‘‘(iii) EXPEDITED NOTIFICATION.—If the no- cation under paragraph (2)(A)(vii)(IV) with plaint is filed, simultaneously cause a notifi- tice under subsection (b)(3) contains an ad- respect to a patent.

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‘‘(II) FIRST APPLICATION.—The term ‘first ‘‘(bb) any subsequent application shall be- factual or legal basis on which the applicant application’ means the first application to be come effective as provided under clause (i), relies in patent litigation.’’. filed for approval of the drug. (ii), (iii), or (iv) of subparagraph (B), and (b) INJUNCTIVE RELIEF.—Section 505(j)(5)(B) ‘‘(III) FORFEITURE EVENT.—The term ‘for- clause (v) of subparagraph (B) shall not apply of the Federal Food, Drug, and Cosmetic Act feiture event’, with respect to an application to the subsequent application. (21 U.S.C. 355(j)(5)(B)) (as amended by section under this subsection, means the occurrence ‘‘(II) FORFEITURE TO FIRST SUBSEQUENT AP- 4(a)(1)) is amended— of any of the following: PLICANT.—If the subsequent application that (1) in clause (iii), by adding at the end the ‘‘(aa) FAILURE TO MARKET.—The applicant is the first to be made effective under sub- following: ‘‘A court shall not regard the ex- fails to market the drug by the later of— clause (I) was the first among a number of tent of the ability of an applicant to pay ‘‘(AA) the date that is 60 days after the subsequent applications to be filed— monetary damages as a whole or partial date on which the approval of the applica- ‘‘(aa) that first subsequent application basis on which to deny a preliminary or per- tion for the drug is made effective under shall be treated as the first application manent injunction under this clause.’’; and clause (iii) or (iv) of subparagraph (B) (unless under this subparagraph (including subclause (2) in clause (iv), by adding at the end the the Secretary extends the date because of ex- (I)) and as the previous application under following: traordinary or unusual circumstances); or subparagraph (B)(v); and ‘‘(IV) INJUNCTIVE RELIEF.—A court shall ‘‘(BB) if 1 or more civil actions have been ‘‘(bb) any other subsequent applications not regard the extent of the ability of an ap- brought against the applicant for infringe- shall become effective as provided under plicant to pay monetary damages as a whole ment of a patent subject to a certification clause (i), (ii), (iii), or (iv) of subparagraph or partial basis on which to deny a prelimi- under paragraph (2)(A)(vii)(IV) or 1 or more (B), but clause (v) of subparagraph (B) shall nary or permanent injunction under this civil actions have been brought by the appli- apply to any such subsequent application. clause.’’. cant for a declaratory judgment that such a ‘‘(iii) AVAILABILITY.—The 180-day period SEC. 107. BIOEQUIVALENCE. patent is invalid or not infringed, the date under subparagraph (B)(v) shall be available (a) IN GENERAL.—The amendments to part that is 60 days after the date of a final deci- to a first applicant submitting an applica- 320 of title 21, Code of Federal Regulations, sion (from which no appeal has been or can tion for a drug with respect to any patent promulgated by the Commissioner of Food be taken, other than a petition to the Su- without regard to whether an application and Drugs on July 17, 1991 (57 Fed. Reg. 17997 preme Court for a writ of certiorari) in the has been submitted for the drug under this (April 28, 1992)), shall continue in effect as an last of those civil actions to be decided (un- subsection containing such a certification exercise of authorities under sections 501, less the Secretary extends the date because with respect to a different patent. 502, 505, and 701 of the Federal Food, Drug, of extraordinary or unusual circumstances). ‘‘(iv) APPLICABILITY.—The 180-day period and Cosmetic Act (21 U.S.C. 351, 352, 355, 371). (b) EFFECT.—Subsection (a) does not affect ‘‘(bb) WITHDRAWAL OF APPLICATION.—The described in subparagraph (B)(v) shall apply the authority of the Commissioner of Food applicant withdraws the application. to an application only if a civil action is and Drugs to amend part 320 of title 21, Code MENDMENT OF CERTIFICATION.—The brought against the applicant for infringe- ‘‘(cc) A of Federal Regulations. applicant, voluntarily or as a result of a set- ment of a patent that is the subject of the certification.’’. (c) EFFECT OF SECTION.—This section shall tlement or defeat in patent litigation, not be construed to alter the authority of amends the certification from a certification (b) APPLICABILITY.—The amendment made by subsection (a) shall be effective only with the Secretary of Health and Human Services under paragraph (2)(A)(vii)(IV) to a certifi- to regulate biological products under the respect to an application filed under section cation under paragraph (2)(A)(vii)(III). Federal Food, Drug, and Cosmetic Act (21 505(j) of the Federal Food, Drug, and Cos- ‘‘(dd) FAILURE TO OBTAIN APPROVAL.—The U.S.C. 301 et seq.). Any such authority shall metic Act (21 U.S.C. 355(j)) after the date of applicant fails to obtain tentative approval be exercised under that Act as in effect on enactment of this Act for a listed drug for of an application within 30 months after the the day before the date of enactment of this which no certification under section date on which the application is filed, unless Act. the failure is caused by— 505(j)(2)(A)(vii)(IV) of that Act was made before the date of enactment of this Act, ex- SEC. 108. REPORT. ‘‘(AA) a change in the requirements for ap- (a) IN GENERAL.—Not later than the date cept that if a forfeiture event described in proval of the application imposed after the that is 5 years after the date of enactment of section 505(j)(5)(D)(i)(III)(ff) of that Act oc- date on which the application is filed; or this Act, the Federal Trade Commission curs in the case of an applicant, the appli- ‘‘(BB) other extraordinary circumstances shall submit to Congress a report describing cant shall forfeit the 180-day period under warranting an exception, as determined by the extent to which implementation of the section 505(j)(5)(B)(v) of that Act without re- the Secretary. amendments made by this title— gard to when the applicant made a certifi- ‘‘(ee) FAILURE TO CHALLENGE PATENT.—In a (1) has enabled products to come to market cation under section 505(j)(2)(A)(vii)(IV) of case in which, after the date on which the in a fair and expeditious manner, consistent that Act. applicant submitted the application, new with the rights of patent owners under intel- patent information is submitted under sub- SEC. 106. FAIR TREATMENT FOR INNOVATORS. lectual property law; and section (c)(2) for the listed drug for a patent (a) BASIS FOR APPLICATION.—Section 505 of (2) has promoted lower prices of drugs and for which certification is required under the Federal Food, Drug, and Cosmetic Act greater access to drugs through price com- paragraph (2)(A), the applicant fails to sub- (21 U.S.C. 355) is amended— petition. mit, not later than the date that is 60 days (1) in subsection (b)(3)(B), by striking the (b) AUTHORIZATION OF APPROPRIATIONS.— after the date on which the Secretary pub- second sentence and inserting ‘‘The notice There is authorized to be appropriated to lishes the new patent information under shall include a detailed statement of the fac- carry out this section $5,000,000. paragraph (7)(A)(iii) (unless the Secretary tual and legal basis of the applicant’s opin- SEC. 109. CONFORMING AND TECHNICAL AMEND- extends the date because of extraordinary or ion that, as of the date of the notice, the pat- MENTS. unusual circumstances)— ent is not valid or is not infringed, and shall (a) SECTION 505.—Section 505 of the Federal ‘‘(AA) a certification described in para- include, as appropriate for the relevant pat- Food, Drug, and Cosmetic Act (21 U.S.C. 355) graph (2)(A)(vii)(IV) with respect to the patent, a description of the applicant’s proposed is amended— ent to which the new patent information re- drug substance, drug formulation, drug com- (1) in subsection (a), by striking ‘‘(a) No lates; or position, or method of use. All information person’’ and inserting ‘‘(a) IN GENERAL.—No ‘‘(BB) a statement that any method of use disclosed under this subparagraph shall be person’’; claim of that patent does not claim a use for treated as confidential and may be used only (2) in subsection (b)— which the applicant is seeking approval for purposes relating to patent adjudication. (A) by striking ‘‘(b)(1) Any person’’ and in- under this subsection in accordance with Nothing in this subparagraph precludes the serting the following: paragraph (2)(A)(viii). applicant from amending the factual or legal ‘‘(b) APPLICATIONS.— ‘‘(ff) UNLAWFUL CONDUCT.—The Federal basis on which the applicant relies in patent ‘‘(1) REQUIREMENTS.— Trade Commission determines that the ap- litigation.’’; and ‘‘(A) IN GENERAL.—Any person’’; plicant engaged in unlawful conduct with re- (2) in subsection (j)(2)(B)(ii), by striking (B) in paragraph (1)— spect to the application in violation of sec- the second sentence and inserting ‘‘The no- (i) in the second sentence— tion 1 of the Sherman Act (15 U.S.C. 1). tice shall include a detailed statement of the (I) by redesignating subparagraphs (A) ‘‘(IV) SUBSEQUENT APPLICATION.—The term factual and legal basis of the opinion of the through (F) as clauses (i) through (vi), re- ‘subsequent application’ means an applica- applicant that, as of the date of the notice, spectively, and adjusting the margins appro- tion for approval of a drug that is filed sub- the patent is not valid or is not infringed, priately; sequent to the filing of a first application for and shall include, as appropriate for the rel- (II) by striking ‘‘Such persons’’ and insert- approval of that drug. evant patent, a description of the applicant’s ing the following: ‘‘(ii) FORFEITURE OF 180-DAY PERIOD.— proposed drug substance, drug formulation, ‘‘(B) INFORMATION TO BE SUBMITTED WITH ‘‘(I) IN GENERAL.—Except as provided in drug composition, or method of use. All in- APPLICATION.—A person that submits an ap- subclause (II), if a forfeiture event occurs formation disclosed under this subparagraph plication under subparagraph (A)’’; and with respect to a first application— shall be treated as confidential and may be (III) by striking ‘‘application’’ and insert- ‘‘(aa) the 180-day period under subpara- used only for purposes relating to patent ad- ing ‘‘application—’’; graph (B)(v) shall be forfeited by the first ap- judication. Nothing in this subparagraph (ii) by striking the third through fifth sen- plicant; and precludes the applicant from amending the tences; and

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00193 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8010 CONGRESSIONAL RECORD — SENATE August 1, 2002 (iii) in the sixth sentence— (B) by striking ‘‘(j)(5)(D)’’ each place it ap- submit to the Secretary the following infor- (I) by striking ‘‘The Secretary’’ and insert- pears and inserting ‘‘(j)(5)(F)’’; mation and documentation: ing the following: (3) in subsections (e) and (l)— ‘‘(A) The name and quantity of the active ‘‘(C) GUIDANCE.—The Secretary’’; and (A) by striking ‘‘505(c)(3)(D)’’ each place it ingredient of the prescription drug. (II) by striking ‘‘clause (A)’’ and inserting appears and inserting ‘‘505(c)(3)(E)’’; and ‘‘(B) A description of the dosage form of ‘‘subparagraph (B)(i)’’; and (B) by striking ‘‘505(j)(5)(D)’’ each place it the prescription drug. (C) in paragraph (2)— appears and inserting ‘‘505(j)(5)(F)’’; and ‘‘(C) The date on which the prescription (i) by striking ‘‘clause (A) of such para- (4) in subsection (k), by striking drug is shipped. graph’’ and inserting ‘‘paragraph (1)(B)(i)’’; ‘‘505(j)(5)(B)(iv)’’ and inserting ‘‘(D) The quantity of the prescription drug (ii) in subparagraphs (A) and (B), by strik- ‘‘505(j)(5)(B)(v)’’. that is shipped. ing ‘‘paragraph (1) or’’; and (c) SECTION 527.—Section 527(a) of the Fed- ‘‘(E) The point of origin and destination of (iii) in subparagraph (B)— eral Food, Drug, and Cosmetic Act (21 U.S.C. the prescription drug. (I) by striking ‘‘paragraph (1)(A)’’ and in- 360cc(a)) is amended in the second sentence ‘‘(F) The price paid by the importer for the serting ‘‘paragraph (1)(B)(i)’’; and by striking ‘‘505(c)(2)’’ and inserting prescription drug. (II) by striking ‘‘patent’’ each place it ap- ‘‘505(c)(1)(B)’’. ‘‘(G) Documentation from the foreign sell- pears and inserting ‘‘claim’’; and TITLE II—IMPORTATION OF er specifying— (3) in subsection (c)— PRESCRIPTION DRUGS ‘‘(i) the original source of the prescription (A) in paragraph (3)— drug; and (i) in subparagraph (A)— SEC. 201. IMPORTATION OF PRESCRIPTION DRUGS. ‘‘(ii) the quantity of each lot of the pre- (I) by striking ‘‘(A) If the applicant’’ and (a) IN GENERAL.—Chapter VIII of the Fed- scription drug originally received by the inserting the following: eral Food, Drug, and Cosmetic Act (21 U.S.C. seller from that source. ‘‘(A) CLAUSE (i) OR (ii) CERTIFICATION.—If ‘‘(H) The lot or control number assigned to the applicant’’; and 381 et seq.) is amended by striking section the prescription drug by the manufacturer of (II) by striking ‘‘may’’ and inserting 804 and inserting the following: ‘‘shall’’; ‘‘SEC. 804. IMPORTATION OF PRESCRIPTION the prescription drug. (ii) in subparagraph (B)— DRUGS. ‘‘(I) The name, address, telephone number, (I) by striking ‘‘(B) If the applicant’’ and ‘‘(a) DEFINITIONS.—In this section: and professional license number (if any) of inserting the following: ‘‘(1) IMPORTER.—The term ‘importer’ means the importer. ‘‘(B) CLAUSE (iii) CERTIFICATION.—If the ap- a pharmacist or wholesaler. ‘‘(J)(i) In the case of a prescription drug plicant’’; and ‘‘(2) PHARMACIST.—The term ‘pharmacist’ that is shipped directly from the first foreign (II) by striking ‘‘may’’ and inserting means a person licensed by a State to prac- recipient of the prescription drug from the ‘‘shall’’; tice pharmacy, including the dispensing and manufacturer: (iii) by redesignating subparagraph (D) as selling of prescription drugs. ‘‘(I) Documentation demonstrating that subparagraph (E); and ‘‘(3) PRESCRIPTION DRUG.—The term ‘pre- the prescription drug was received by the re- (iv) in subparagraph (E) (as redesignated scription drug’ means a drug subject to sec- cipient from the manufacturer and subse- by clause (iii)), by striking ‘‘clause (A) of tion 503(b), other than— quently shipped by the first foreign recipient subsection (b)(1)’’ each place it appears and ‘‘(A) a controlled substance (as defined in to the importer. inserting ‘‘subsection (b)(1)(B)(i)’’; and section 102 of the Controlled Substances Act ‘‘(II) Documentation of the quantity of (B) by redesignating paragraph (4) as para- (21 U.S.C. 802)); each lot of the prescription drug received by graph (5); and ‘‘(B) a biological product (as defined in sec- the first foreign recipient demonstrating (4) in subsection (j)— tion 351 of the Public Health Service Act (42 that the quantity being imported into the (A) in paragraph (2)(A)— U.S.C. 262)); United States is not more than the quantity (i) in clause (vi), by striking ‘‘clauses (B) ‘‘(C) an infused drug (including a peri- that was received by the first foreign recipi- through ((F)’’ and inserting ‘‘subclauses (ii) toneal dialysis solution); ent. through (vi) of subsection (b)(1)’’; ‘‘(D) an intravenously injected drug; or ‘‘(III)(aa) In the case of an initial imported (ii) in clause (vii), by striking ‘‘(b) or’’; and ‘‘(E) a drug that is inhaled during surgery. shipment, documentation demonstrating (iii) in clause (viii)— ‘‘(4) QUALIFYING LABORATORY.—The term that each batch of the prescription drug in (I) by striking ‘‘(b) or’’; and ‘qualifying laboratory’ means a laboratory the shipment was statistically sampled and (II) by striking ‘‘patent’’ each place it ap- in the United States that has been approved tested for authenticity and degradation. pears and inserting ‘‘claim’’; and by the Secretary for the purposes of this sec- ‘‘(bb) In the case of any subsequent ship- (B) in paragraph (5)— tion. ment, documentation demonstrating that a (i) in subparagraph (B)— ‘‘(5) WHOLESALER.— statistically valid sample of the shipment (I) in clause (i)— ‘‘(A) IN GENERAL.—The term ‘wholesaler’ was tested for authenticity and degradation. (aa) by striking ‘‘(i) If the applicant’’ and means a person licensed as a wholesaler or ‘‘(ii) In the case of a prescription drug that inserting the following: distributor of prescription drugs in the is not shipped directly from the first foreign ‘‘(i) SUBCLAUSE (I) OR (II) CERTIFICATION.—If United States under section 503(e)(2)(A). recipient of the prescription drug from the the applicant’’; and ‘‘(B) EXCLUSION.—The term ‘wholesaler’ manufacturer, documentation dem- (bb) by striking ‘‘may’’ and inserting does not include a person authorized to im- onstrating that each batch in each shipment ‘‘shall’’; port drugs under section 801(d)(1). offered for importation into the United (II) in clause (ii)— ‘‘(b) REGULATIONS.—The Secretary, after States was statistically sampled and tested (aa) by striking ‘‘(ii) If the applicant’’ and consultation with the United States Trade for authenticity and degradation. inserting the following: Representative and the Commissioner of ‘‘(K) Certification from the importer or ‘‘(i) SUBCLAUSE (III) CERTIFICATION.—If the Customs, shall promulgate regulations per- manufacturer of the prescription drug that applicant’’; and mitting pharmacists and wholesalers to im- the prescription drug— (bb) by striking ‘‘may’’ and inserting port prescription drugs from Canada into the ‘‘(i) is approved for marketing in the ‘‘shall’’; United States. United States; and ‘‘(c) LIMITATION.—The regulations under (III) in clause (iii), by striking ‘‘(2)(B)(i)’’ ‘‘(ii) meets all labeling requirements under subsection (b) shall— each place it appears and inserting ‘‘(2)(B)’’; this Act. ‘‘(1) require that safeguards be in place to and ‘‘(L) Laboratory records, including com- ensure that each prescription drug imported (IV) in clause (v) (as redesignated by sec- plete data derived from all tests necessary to under the regulations complies with section tion 4(a)(1)(B)), by striking ‘‘continuing’’ and ensure that the prescription drug is in com- 505 (including with respect to being safe and inserting ‘‘containing’’; and pliance with established specifications and effective for the intended use of the prescrip- (ii) by redesignating subparagraphs (C) and standards. tion drug), with sections 501 and 502, and (D) as subparagraphs (E) and (F), respec- ‘‘(M) Documentation demonstrating that with other applicable requirements of this tively. the testing required by subparagraphs (J) (b) SECTION 505A.—Section 505A of the Fed- Act; and (L) was conducted at a qualifying labora- eral Food, Drug, and Cosmetic Act (21 U.S.C. ‘‘(2) require that an importer of a prescrip- tory. 355a) is amended— tion drug under the regulations comply with ‘‘(N) Any other information that the Sec- (1) in subsections (b)(1)(A)(i) and subsections (d)(1) and (e); and retary determines is necessary to ensure the (c)(1)(A)(i)— ‘‘(3) contain any additional provisions de- protection of the public health. (A) by striking ‘‘(c)(3)(D)(ii)’’ each place it termined by the Secretary to be appropriate ‘‘(2) MAINTENANCE BY THE SECRETARY.—The appears and inserting ‘‘(c)(3)(E)(ii)’’; and as a safeguard to protect the public health or Secretary shall maintain information and (B) by striking ‘‘(j)(5)(D)(ii)’’ each place it as a means to facilitate the importation of documentation submitted under paragraph appears and inserting ‘‘(j)(5)(F)(ii)’’; prescription drugs. (1) for such period of time as the Secretary (2) in subsections (b)(1)(A)(ii) and ‘‘(d) INFORMATION AND RECORDS.— determines to be necessary. (c)(1)(A)(ii)— ‘‘(1) IN GENERAL.—The regulations under (A) by striking ‘‘(c)(3)(D)’’ each place it ap- subsection (b) shall require an importer of a ‘‘(e) TESTING.—The regulations under sub- pears and inserting ‘‘(c)(3)(E)’’; and prescription drug under subsection (b) to section (b) shall require—

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‘‘(1) that testing described in subpara- ‘‘(k) WAIVER AUTHORITY FOR IMPORTATION regulations under subsection (b) on trade and graphs (J) and (L) of subsection (d)(1) be con- BY INDIVIDUALS.— patent rights under Federal law. ducted by the importer or by the manufac- ‘‘(1) DECLARATIONS.—Congress declares ‘‘(B) REPORT.—Not later than 2 years after turer of the prescription drug at a qualified that in the enforcement against individuals the effective date of the regulations under laboratory; of the prohibition of importation of prescrip- subsection (b), the Institute of Medicine ‘‘(2) if the tests are conducted by the im- tion drugs and devices, the Secretary shall submit to Congress a report describing porter— should— the findings of the study under subparagraph ‘‘(A) that information needed to— ‘‘(A) focus enforcement on cases in which (A). ‘‘(i) authenticate the prescription drug the importation by an individual poses a sig- ‘‘(2) BY THE COMPTROLLER GENERAL.— being tested; and nificant threat to public health; and ‘‘(A) STUDY.—The Comptroller General of ‘‘(ii) confirm that the labeling of the pre- ‘‘(B) exercise discretion to permit individ- the United States shall conduct a study to scription drug complies with labeling re- uals to make such importations in cir- determine the effect of this section on the quirements under this Act; cumstances in which— price of prescription drugs sold to consumers be supplied by the manufacturer of the pre- ‘‘(i) the importation is clearly for personal at retail. scription drug to the pharmacist or whole- use; and ‘‘(B) REPORT.—Not later than 18 months saler; and ‘‘(ii) the prescription drug or device im- after the effective date of the regulations ‘‘(B) that the information supplied under ported does not appear to present an unrea- under subsection (b), the Comptroller Gen- subparagraph (A) be kept in strict confidence sonable risk to the individual. eral of the United States shall submit to and used only for purposes of testing or oth- ‘‘(2) WAIVER AUTHORITY.— Congress a report describing the findings of erwise complying with this Act; and ‘‘(A) IN GENERAL.—The Secretary may the study under subparagraph (A). ‘‘(3) may include such additional provisions grant to individuals, by regulation or on a ‘‘(m) CONSTRUCTION.—Nothing in this sec- as the Secretary determines to be appro- case-by-case basis, a waiver of the prohibition limits the authority of the Secretary re- priate to provide for the protection of trade tion of importation of a prescription drug or lating to the importation of prescription secrets and commercial or financial informa- device or class of prescription drugs or de- drugs, other than with respect to section tion that is privileged or confidential. vices, under such conditions as the Secretary 801(d)(1) as provided in this section. ‘‘(f) REGISTRATION OF FOREIGN SELLERS.— determines to be appropriate. ‘‘(n) AUTHORIZATION OF APPROPRIATIONS.— Any establishment within Canada engaged in ‘‘(B) GUIDANCE ON CASE-BY-CASE WAIVERS.— There are authorized to be appropriated such the distribution of a prescription drug that The Secretary shall publish, and update as sums as are necessary to carry out this sec- is imported or offered for importation into necessary, guidance that accurately de- tion. the United States shall register with the scribes circumstances in which the Secretary ‘‘(o) CONDITIONS.—This section shall be- Secretary the name and place of business of will consistently grant waivers on a case-by- come effective only if the Secretary of the establishment. case basis under subparagraph (A), so that Health and Human Services certifies to the ‘‘(g) SUSPENSION OF IMPORTATION.—The Congress that the implementation of this Secretary shall require that importations of individuals may know with the greatest practicable degree of certainty whether a section will— a specific prescription drug or importations ‘‘(A) pose no additional risk to the public’s by a specific importer under subsection (b) particular importation for personal use will be permitted. health and safety, and be immediately suspended on discovery of a ‘‘(B) result in a significant reduction in the ‘‘(3) DRUGS IMPORTED FROM CANADA.—In pattern of importation of the prescription cost of covered products to the American drugs or by the importer that is counterfeit particular, the Secretary shall by regulation grant individuals a waiver to permit individ- consumer.’’. or in violation of any requirement under this (b) CONFORMING AMENDMENTS.—The Fed- uals to import into the United States a pre- section or poses an additional risk to the eral Food, Drug, and Cosmetic Act is amend- scription drug that— public health, until an investigation is com- ed— ‘‘(A) is imported from a licensed pharmacy pleted and the Secretary determines that the (1) in section 301(aa) (21 U.S.C. 331(aa)), by for personal use by an individual, not for republic is adequately protected from counter- striking ‘‘covered product in violation of sec- feit and violative prescription drugs being sale, in quantities that do not exceed a 90- tion 804’’ and inserting ‘‘prescription drug in imported under subsection (b). day supply; violation of section 804’’; and ‘‘(h) APPROVED LABELING.—The manufac- ‘‘(B) is accompanied by a copy of a valid (2) in section 303(a)(6) (21 U.S.C. 333(a)(6), turer of a prescription drug shall provide an prescription; by striking ‘‘covered product pursuant to importer written authorization for the im- ‘‘(C) is imported from Canada, from a seller section 804(a)’’ and inserting ‘‘prescription porter to use, at no cost, the approved label- registered with the Secretary; drug under section 804(b)’’. ing for the prescription drug. ‘‘(D) is a prescription drug approved by the ‘‘(i) PROHIBITION OF DISCRIMINATION.— Secretary under chapter V; SEC. 202. CLARIFICATION OF STATE AUTHORITY ‘‘(1) IN GENERAL.—It shall be unlawful for a RELATING TO MEDICAID DRUG RE- ‘‘(E) is in the form of a final finished dos- BATE AGREEMENTS. manufacturer of a prescription drug to dis- age that was manufactured in an establish- criminate against, or cause any other person Section 1927 of the Social Security Act (42 ment registered under section 510; and U.S.C. 1396r–8) is amended by adding at the to discriminate against, a pharmacist or ‘‘(F) is imported under such other condi- wholesaler that purchases or offers to pur- end the following: tions as the Secretary determines to be nec- ‘‘(l) RULE OF CONSTRUCTION.—Nothing in chase a prescription drug from the manufac- essary to ensure public safety. this section shall be construed as prohibiting turer or from any person that distributes a prescription drug manufactured by the drug ‘‘(l) STUDIES; REPORTS.— a State from— manufacturer. ‘‘(1) BY THE INSTITUTE OF MEDICINE OF THE ‘‘(1) directly entering into rebate agreements (on the State’s own initiative or under ‘‘(2) DISCRIMINATION.—For the purposes of NATIONAL ACADEMY OF SCIENCES.— paragraph (1), a manufacturer of a prescrip- ‘‘(A) STUDY.— a section 1115 waiver approved by the Sec- tion drug shall be considered to discriminate ‘‘(i) IN GENERAL.—The Secretary shall re- retary before, on, or after the date of enact- against a pharmacist or wholesaler if the quest that the Institute of Medicine of the ment of this subsection) that are similar to manufacturer enters into a contract for sale National Academy of Sciences conduct a a rebate agreement described in subsection of a prescription drug, places a limit on sup- study of— (b) with a manufacturer for purposes of en- ply, or employs any other measure, that has ‘‘(I) importations of prescription drugs suring the affordability of outpatient pre- the effect of— made under the regulations under subsection scription drugs in order to provide access to ‘‘(A) providing pharmacists or wholesalers (b); and such drugs by residents of a State who are access to prescription drugs on terms or con- ‘‘(II) information and documentation sub- not otherwise eligible for medical assistance ditions that are less favorable than the mitted under subsection (d). under this title; or terms or conditions provided to a foreign ‘‘(ii) REQUIREMENTS.—In conducting the ‘‘(2) making prior authorization (that sat- purchaser (other than a charitable or hu- study, the Institute of Medicine shall— isfies the requirements of subsection (d) and manitarian organization) of the prescription ‘‘(I) evaluate the compliance of importers that does not violate any requirements of drug; or with the regulations under subsection (b); this title that are designed to ensure access ‘‘(B) restricting the access of pharmacists ‘‘(II) compare the number of shipments to medically necessary prescribed drugs for or wholesalers to a prescription drug that is under the regulations under subsection (b) individuals enrolled in the State program permitted to be imported into the United during the study period that are determined under this title) a condition of not partici- States under this section. to be counterfeit, misbranded, or adulter- pating in such a similar rebate agreement.’’. ‘‘(j) CHARITABLE CONTRIBUTIONS.—Notwith- ated, and compare that number with the SEC. 203. TEMPORARY STATE FISCAL RELIEF. standing any other provision of this section, number of shipments made during the study (a) TEMPORARY INCREASE OF MEDICAID section 801(d)(1) continues to apply to a pre- period within the United States that are de- FMAP.— scription drug that is donated or otherwise termined to be counterfeit, misbranded, or (1) PERMITTING MAINTENANCE OF FISCAL supplied at no charge by the manufacturer of adulterated; and YEAR 2001 FMAP FOR LAST 2 CALENDAR QUAR- the drug to a charitable or humanitarian or- ‘‘(III) consult with the Secretary, the TERS OF FISCAL YEAR 2002.—Notwithstanding ganization (including the United Nations and United States Trade Representative, and the any other provision of law, but subject to affiliates) or to a government of a foreign Commissioner of Patents and Trademarks to paragraph (5), if the FMAP determined with- country. evaluate the effect of importations under the out regard to this subsection for a State for

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fiscal year 2002 is less than the FMAP as so (A) FMAP.—The term ‘‘FMAP’’ means the Allotment (in determined for fiscal year 2001, the FMAP for Federal medical assistance percentage, as ‘‘State dollars) the State for fiscal year 2001 shall be sub- defined in section 1905(b) of the Social Secu- stituted for the State’s FMAP for the third rity Act (42 U.S.C. 1396d(b)). Washington $66,662,200 and fourth calendar quarters of fiscal year (B) STATE.—The term ‘‘State’’ has the West Virginia $19,884,400 2002, before the application of this sub- meaning given such term for purposes of Wisconsin $47,218,900 section. title XIX of the Social Security Act (42 Wyoming $3,776,400 (2) PERMITTING MAINTENANCE OF FISCAL U.S.C. 1396 et seq.). Total $3,000,000,000 YEAR 2002 FMAP FOR FISCAL YEAR 2003.—Not- (8) REPEAL.—Effective as of October 1, 2003, withstanding any other provision of law, but this subsection is repealed. ‘‘(c) USE OF FUNDS.—Funds appropriated subject to paragraph (5), if the FMAP deter- (b) ADDITIONAL TEMPORARY STATE FISCAL under this section may be used by a State for mined without regard to this subsection for RELIEF.— services directed at the goals set forth in a State for fiscal year 2003 is less than the (1) IN GENERAL.—Title XX of the Social Se- section 2001, subject to the requirements of FMAP as so determined for fiscal year 2002, curity Act (42 U.S.C. 1397–1397f) is amended this title. the FMAP for the State for fiscal year 2002 by adding at the end the following: ‘‘(d) PAYMENT TO STATES.—Not later than shall be substituted for the State’s FMAP for ‘‘SEC. 2008. ADDITIONAL TEMPORARY GRANTS 30 days after amounts are appropriated under each calendar quarter of fiscal year 2003, be- FOR STATE FISCAL RELIEF. subsection (a), in addition to any payment fore the application of this subsection. ‘‘(a) IN GENERAL.—For the purpose of pro- made under section 2002 or 2007, the Sec- (3) GENERAL 1.35 PERCENTAGE POINTS IN- viding State fiscal relief allotments to retary shall make a lump sum payment to a CREASE FOR LAST 2 CALENDAR QUARTERS OF States under this section, there are hereby State of the total amount of the allotment FISCAL YEAR 2002 AND FISCAL YEAR 2003.—Not- appropriated, out of any funds in the Treas- for the State as specified in subsection (b). withstanding any other provision of law, but ury not otherwise appropriated, $3,000,000,000. ‘‘(e) DEFINITION.—For purposes of this sec- subject to paragraphs (5) and (6), for each Such funds shall be available for obligation tion, the term ‘State’ means the 50 States, State for the third and fourth calendar quar- by the State through June 30, 2004, and for the District of Columbia, and the territories ters of fiscal year 2002 and each calendar expenditure by the State through September contained in the list under subsection (b).’’. quarter of fiscal year 2003, the FMAP (taking 30, 2004. This section constitutes budget au- (2) REPEAL.—Effective as of January 1, into account the application of paragraphs thority in advance of appropriations Acts 2005, section 2008 of the Social Security Act, (1) and (2)) shall be increased by 1.35 percent- and represents the obligation of the Federal as added by paragraph (1), is repealed. age points. Government to provide for the payment to (c) EMERGENCY DESIGNATION.—The entire (4) INCREASE IN CAP ON MEDICAID PAYMENTS States of amounts provided under this sec- amount necessary to carry out this section TO TERRITORIES.—Notwithstanding any other tion. is designated by Congress as an emergency provision of law, but subject to paragraph ‘‘(b) ALLOTMENT.—Funds appropriated requirement pursuant to section 252(e) of the (6), with respect to the third and fourth cal- under subsection (a) shall be allotted by the Balanced Budget and Emergency Deficit endar quarters of fiscal year 2002 and each Secretary among the States in accordance Control Act of 1985 (2 U.S.C. 902(e)). calendar quarter of fiscal year 2003, the with the following table: amounts otherwise determined for Puerto APPRECIATION TO THE PRE- Rico, the Virgin Islands, Guam, the Northern SIDING OFFICER Mariana Islands, and American Samoa under Allotment (in Mr. REID. Mr. President, I, first of subsections (f) and (g) of section 1108 of the ‘‘State dollars) all, would like to express my apprecia- Social Security Act (42 U.S.C. 1308) shall tion to the Presiding Officer. This is a each be increased by an amount equal to 2.7 Alabama $33,918,100 duty that you weren’t expecting, and I Alaska $8,488,200 percent of such amounts. am sorry things on the floor took so (5) SCOPE OF APPLICATION.—The increases Amer. Samoa $88,600 in the FMAP for a State under this sub- Arizona $47,601,600 long. It is my understanding that you section shall apply only for purposes of title Arkansas $27,941,800 had other things to do tonight. I really California $314,653,900 XIX of the Social Security Act and shall not Colorado $27,906,200 apologize for not having someone in reapply with respect to— Connecticut $41,551,200 lief. (A) disproportionate share hospital pay- Delaware $8,306,000 f ments described in section 1923 of such Act District of Co- $12,374,400 (42 U.S.C. 1396r–4); or lumbia PATIENTS’ BILL OF RIGHTS— (B) payments under title IV or XXI of such Florida $128,271,100 CONFEREES Act (42 U.S.C. 601 et seq. and 1397aa et seq.). Georgia $69,106,600 (6) STATE ELIGIBILITY.— Guam $135,900 Mr. REID. Mr. President, I ask unan- (A) IN GENERAL.—Subject to subparagraph Hawaii $9,914,700 imous consent that the majority lead- (B), a State is eligible for an increase in its Idaho $10,293,600 Illinois $102,577,900 er, following consultation with the Re- FMAP under paragraph (3) or an increase in Indiana $50,659,800 publican leader, may turn to the con- a cap amount under paragraph (4) only if the Iowa $27,799,700 sideration of Calendar No. 150, H.R. eligibility under its State plan under title Kansas $21,414,300 XIX of the Social Security Act (including Kentucky $44,508,400 2563, and the bill be considered under any waiver under such title or under section Louisiana $50,974,000 these limitations: Immediately after 1115 of such Act (42 U.S.C. 1315)) is no more Maine $17,841,100 the bill is reported S. 1052 be passed by restrictive than the eligibility under such Maryland $44,228,800 the Senate in lieu thereof; that no plan (or waiver) as in effect on January 1, Massachusetts $100,770,700 Michigan $91,196,800 other amendments be in order, the bill, 2002. Minnesota $57,515,400 as amended, be read three times, and (B) STATE REINSTATEMENT OF ELIGIBILITY Mississippi $35,978,500 there then be 60 minutes of debate with PERMITTED.—A State that has restricted eli- Missouri $62,189,600 gibility under its State plan under title XIX Montana $8,242,000 the time equally divided and controlled of the Social Security Act (including any Nebraska $16,671,600 between Senator KENNEDY and Senator waiver under such title or under section 1115 Nevada $10,979,700 GREGG or their designees, and that of such Act (42 U.S.C. 1315)) after January 1, New Hampshire $10,549,400 upon the use or yielding back of the New Jersey $87,577,300 2002, but prior to the date of enactment of New Mexico $21,807,600 time, the Senate vote on passage of the this Act is eligible for an increase in its New York $461,401,900 bill; that upon passage the Senate in- FMAP under paragraph (3) or an increase in North Carolina $79,538,300 sist on its amendment, request a con- a cap amount under paragraph (4) in the first North Dakota $5,716,900 ference with the House on the dis- calendar quarter (and subsequent calendar N. Mariana Is- $50,000 quarters) in which the State has reinstated lands agreeing votes of the two Houses, and eligibility that is no more restrictive than Ohio $116,367,800 that the Chair be authorized to appoint Oklahoma $30,941,800 conferees on the part of the Senate the eligibility under such plan (or waiver) as Oregon $34,327,200 in effect on January 1, 2002. Pennsylvania $159,089,700 without any intervening action or de- (C) RULE OF CONSTRUCTION.—Nothing in Puerto Rico $3,991,900 bate, with the ratio of conference being subparagraph (A) or (B) shall be construed as Rhode Island $16,594,100 6 to 5. affecting a State’s flexibility with respect to South Carolina $38,238,000 South Dakota $6,293,700 The PRESIDING OFFICER. Is there benefits offered under the State medicaid objection? program under title XIX of the Social Secu- Tennessee $81,120,000 Texas $159,779,800 rity Act (42 U.S.C. 1396 et seq.) (including Mr. NICKLES. Mr. President, reserv- Utah $12,551,700 ing the right to object—I shall object any waiver under such title or under section Vermont $8,003,800 1115 of such Act (42 U.S.C. 1315)). Virgin Islands $128,800 at this point—let me make a couple of (7) DEFINITIONS.—In this subsection: Virginia $44,288,300 comments.

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00196 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 1, 2002 CONGRESSIONAL RECORD — SENATE S8013 I believe this is for the purpose of ap- tember 28, 2001, appoints the following øSECTION 1. SHORT TITLE. pointing conferees on the so-called Pa- Members to the President’s Export øThis Act may be cited as the tients’ Bill of Rights. We have just re- Council: ‘‘Timpanogos Interagency Land Exchange Act of 2001’’. ceived this notification tonight. We The Senator from Montana (Mr. BAU- øSEC. 2. FINDINGS. haven’t consulted with everyone on our CUS); ø(a) FINDINGS.—Congress finds that— side. We have really no objection to ap- The Senator from Missouri (Mrs. ø(1) the facility that houses the adminis- pointing conferees. We just have to CARNAHAN); trative office of the Pleasant Grove Ranger work it out. The Senator from South Dakota (Mr. District of the Uinta National Forest can no I will mention that the House passed JOHNSON); longer properly serve the purpose of the fa- this bill a year ago tomorrow on Au- The Senator from Wyoming (Mr. cility; gust 2. So we have been waiting to have ENZI); ø(2) a fire destroyed the Timpanogos Cave conferees appointed for almost a year— The Senator from Arkansas (Mr. National Monument Visitor Center and ad- HUTCHINSON). ministrative office in 1991, and the tem- 364 days. We will be happy to do that. porary structure that is used for a visitor f But since we just got this notification, center cannot adequately serve the public; and the majority wanted to do this, we CALENDAR ITEMS EN BLOC and ø have to consult with various interests Mr. REID. Mr. President, I ask unan- (3) combining the administrative office of the Pleasant Grove Ranger District with a and parties. We haven’t had time to do imous consent that it be in order to that in the rush of business today. new Timpanogos Cave National Monument consider the following calendar items, visitor center and administrative office in 1 We will cooperate with the majority en bloc, and that the Senate proceed to to get this done early when we return. facility would— their consideration, en bloc: ø(A) facilitate interagency coordination; But, at this point, I will have to object. Calendar No. 438, H.R. 309; Calendar ø(B) serve the public better; and The PRESIDING OFFICER. Objec- No. 445, S. 1240; Calendar No. 447, S. ø(C) improve cost effectiveness. tion is heard. 1227; Calendar No. 449, H.R. 601; Cal- ø(b) PURPOSES.—The purposes of this Act Mr. REID. Mr. President, I have only are— endar No. 450, H.R. 2440; Calendar No. ø to say that it doesn’t matter. We have 458, H.R. 2234; Calendar No. 468, S. 691; (1) to authorize the Secretary of Agri- been busy here for the last 2 days, but culture to acquire by exchange non-Federal Calendar No. 469, S. 1010; Calendar No. land located in Highland, Utah as the site for they got the stuff yesterday. I under- 470, S. 1649; Calendar No. 471, S. 1843; stand the Senator’s position. We wish an interagency administrative and visitor fa- Calendar No. 472, S. 1852, Calendar No. cility; we could go forward on this. There 473, S. 1894; Calendar No. 474, S. 1907; ø(2) to direct the Secretary of the Interior could be work done on the break. But Calendar No. 475, H.R. 223; Calendar No. to construct an administrative and visitor we will work it out when we come 476, H.R. 1456; Calendar No. 477, H.R. facility on the non-Federal land acquired by back. 1576; Calendar No. 480, S. 1946; Calendar the Secretary of Agriculture; and ø(3) to direct the Secretary of Agriculture The PRESIDING OFFICER. Objec- No. 481, H.R. 640; that the committee tion is heard. and the Secretary of the Interior to cooper- amendments, where applicable, be ate in the development, construction, oper- f agreed to, en bloc; the motions to re- ation, and maintenance of the facility. UNANIMOUS CONSENT consider be laid upon the table, en bloc; øSEC. 3. DEFINITIONS. AGREEMENT—H.R. 593 the bills, as amended, where applicable, øIn this Act: be read three times, passed, and the ø(1) FACILITY.—The term ‘‘facility’’ means Mr. REID. Mr. President, I ask unan- the facility constructed under section 7 to imous consent that on Wednesday, Sep- motions to reconsider be laid upon the table, en bloc, without any intervening house— tember 4, at 9 a.m. the Senate begin ø(A) the administrative office of the Pleas- consideration of Calendar No. 903, H.R. action or debate; and that any state- ant Grove Ranger District of the Uinta Na- 5093, the Interior appropriations bill; ments relating to these items be print- tional Forest; and ø that the text of the Senate bill, S. 2708 ed in the RECORD; that the consider- (B) the visitor center and administrative ation of these items appear separately office of the Timpanogos Cave National be considered as a substitute amend- Monument. ment, and at 12 noon on that day the in the RECORD. The PRESIDING OFFICER. Is there ø(2) FEDERAL LAND.—The term ‘‘Federal Senate resume consideration of H.R. objection? land’’ means the parcels of land and improve- 5005, the homeland defense bill, with Without objection, it is so ordered. ments to the land in the Salt Lake Meridian the same schedule thereafter until the comprising— appropriations bill is completed. f ø(A) approximately 237 acres located in T. GUAM FOREIGN INVESTMENT 5 S., R. 3 E., sec. 13, lot 1, SW1⁄4, NE1⁄4, E1⁄2, Mr. NICKLES. Mr. President, reserv- 1 1 1 EQUITY ACT NW ⁄4 and E ⁄2, SW ⁄4, as depicted on the map ing the right to object, let me have a entitled ‘‘Long Hollow-Provo Canyon Par- chance to read this. The bill (H.R. 309) to provide for the cel’’, dated March 12, 2001; Mr. REID. We would, in the morning, determination of withholding tax rates ø(B) approximately 0.18 acre located in T. 7 work on the Interior appropriations under the Guam income tax, was con- S., R. 2 E., sec. 12, NW1⁄4, as depicted on the bill. And then we would turn at lunch- sidered, ordered to a third reading, map entitled ‘‘Provo Sign and Radio Shop’’, time to work on the homeland defense dated March 12, 2001; read the third time, and passed. ø bill, which has already been ordered. (C) approximately 20 acres located in T. 3 f S., R. 1 E., sec. 33, SE1⁄4, as depicted on the Senator BYRD and Senator STEVENS TIMPANOGOS INTERAGENCY LAND map entitled ‘‘Corner Canyon Parcel’’, dated have cleared this. Senator DASCHLE and March 12, 2001; Senator LOTT have had some discussion EXCHANGE ACT ø(D) approximately 0.18 acre located in T. on this. The Senate proceeded to consider the 29 S., R. 7 W., sec. 15, S1⁄2, as depicted on the Mr. NICKLES. Mr. President, I shall bill (S. 1240) to provide for the acquisi- map entitled ‘‘Beaver Administrative Site’’, not object. tion of land and construction of an dated March 12, 2001; ø(E) approximately 7.37 acres located in T. f interagency administrative and visitor 7 S., R. 3 E., sec. 28, NE1⁄4, SW1⁄4, NE1⁄4, as de- facility at the entrance to American APPOINTMENT picted on the map entitled ‘‘Springville Par- Fork Canyon, UT, and for other pur- cel’’, dated March 12, 2001; and Mr. REID. Mr. President, I ask unan- poses, which had been reported from ø(F) approximately 0.83 acre located in T. 5 imous consent that the appointment at the Committee on Energy and Natural S., R. 2 E., sec. 20, as depicted on the map en- the desk appear separately in the Resources, with an amendment to titled ‘‘Pleasant Grove Ranger District Par- RECORD as if made by the Chair. strike all after the enacting clause and cel’’, dated March 12, 2001. ø The PRESIDING OFFICER. Without inserting in lieu thereof the following: (3) NON-FEDERAL LAND.—The term ‘‘non- objection, it is so ordered. [Strike the part in boldface brackets Federal land’’ means the parcel of land in The Chair, pursuant to Executive the Salt Lake Meridian comprising approxi- and insert the part printed in italic.] mately 37.42 acres located at approximately Order 12131, as amended, signed by the S. 1240 4,400 West, 11,000 North (SR–92), Highland, President May 4, 1979, and most re- Be it enacted by the Senate and House of Rep- Utah in T. 4 S., R. 2 E., sec. 31, NW1⁄4, as de- cently extended by Executive Order resentatives of the United States of America in picted on the map entitled ‘‘The Highland 13225, signed by the President Sep- Congress assembled, Property’’, dated March 12, 2001.

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ø(4) SECRETARY.—The term ‘‘Secretary’’ øSEC. 6. DISPOSITION OF FUNDS. (A) approximately 237 acres located in T. 5 S., means the Secretary of Agriculture. ø(a) DEPOSIT.—The Secretary shall deposit R. 3 E., sec. 13, lot 1, SW1⁄4, NE1⁄4, E1⁄2, NW1⁄4 øSEC. 4. AVAILABILITY OF MAPS. any cash equalization funds received in the and E1⁄2, SW1⁄4, as depicted on the map entitled øThe maps described in paragraphs (2) and land exchange in the fund established under ‘‘Long Hollow-Provo Canyon Parcel’’, dated (3) of section 3 shall be on file and available Public Law 90–171 (16 U.S.C. 484a) (commonly March 12, 2001; for public inspection in the Office of the known as the ‘‘Sisk Act’’). (B) approximately 0.18 acre located in T. 7 S., ø 1 Chief of the Forest Service until the land de- (b) USE OF FUNDS.—Funds deposited under R. 2 E., sec. 12, NW ⁄4, as depicted on the map picted in the maps is exchanged under this subsection (a) shall be available to the Sec- entitled ‘‘Provo Sign and Radio Shop’’, dated Act. retary, without further appropriation, for March 12, 2001; the acquisition of land and interests in land (C) approximately 20 acres located in T. 3 S., øSEC. 5. EXCHANGE OF LAND FOR FACILITY SITE. for administrative sites in the State of Utah R. 1 E., sec. 33, SE1⁄4, as depicted on the map en- ø(a) IN GENERAL.—Subject to subsection and land for the National Forest System. titled ‘‘Corner Canyon Parcel’’, dated March 12, (b), the Secretary may, under such terms and ø 2001; conditions as the Secretary may prescribe, SEC. 7. CONSTRUCTION AND OPERATION OF FA- CILITY. (D) approximately 0.18 acre located in T. 29 convey by quitclaim deed all right, title, and ø(a) CONSTRUCTION.— S., R. 7 W., sec. 15, S1⁄2, as depicted on the map interest of the United States in and to the ø(1) IN GENERAL.—Subject to paragraph (2), entitled ‘‘Beaver Administrative Site’’, dated Federal land in exchange for the conveyance as soon as practicable after funds are made March 12, 2001; of the non-Federal land. available to carry out this Act, the Sec- (E) approximately 7.37 acres located in T. 7 S., ø(b) TITLE TO NON-FEDERAL LAND.—Before retary of the Interior shall construct, and R. 3 E., sec. 28, NE1⁄4, SW1⁄4, NE1⁄4, as depicted the land exchange takes place under sub- bear responsibility for all costs of construc- on the map entitled ‘‘Springville Parcel’’, dated section (a), the Secretary shall determine tion of, a facility and all necessary infra- March 12, 2001; and that title to the non-Federal land is accept- structure on non-Federal land acquired (F) approximately 0.83 acre located in T. 5 S., able based on the approval standards applica- under section 5. R. 2 E., sec. 20, as depicted on the map entitled ble to Federal land acquisitions. ø(2) DESIGN AND SPECIFICATIONS.—Prior to ‘‘Pleasant Grove Ranger District Parcel’’, dated ø(c) VALUATION OF NON-FEDERAL LAND.— construction, the design and specifications of March 12, 2001. ø(1) DETERMINATION.—The fair market the facility shall be approved by the Sec- (3) NON-FEDERAL LAND.—The term ‘‘non-Fed- value of the land and the improvements on retary and the Secretary of the Interior. eral land’’ means the parcel of land in the Salt the land exchanged under this Act shall be ø(b) OPERATION AND MAINTENANCE OF FA- Lake Meridian comprising approximately 37.42 determined by an appraisal that— CILITY.—The facility shall be occupied, oper- acres located at approximately 4,400 West, 11,000 ø(A) is approved by the Secretary; and ated, and maintained jointly by the Sec- North (SR–92), Highland, Utah in T. 4 S., R. 2 ø(B) conforms with the Federal appraisal retary (acting through the Chief of the For- E., sec. 31, NW1⁄4, as depicted on the map enti- standards, as defined in the publication enti- est Service) and the Secretary of the Interior tled ‘‘The Highland Property’’, dated March 12, tled the ‘‘Uniform Appraisal Standards for (acting through the Director of the National 2001. Federal Land Acquisitions’’ published in 1992 Park Service) under terms and conditions (4) SECRETARY.—The term ‘‘Secretary’’ means by the Interagency Land Acquisition Con- agreed to by the Secretary and the Secretary the Secretary of Agriculture. ference. of the Interior. ø(2) SEPARATE APPRAISALS.— SEC. 4. MAPS AND LEGAL DESCRIPTIONS. øSEC. 8. AUTHORIZATION OF APPROPRIATIONS. ø(A) IN GENERAL.—Each parcel of Federal (a) AVAILABILITY OF MAPS.—The maps de- ø land described in section subparagraphs (A) There are authorized to be appropriated scribed in paragraphs (2) and (3) of section 3 through (F) of section 3(2) shall be appraised such sums as are necessary to carry out this shall be on file and available for public inspec- ¿ separately. Act. tion in the Office of the Chief of the Forest ø(B) INDIVIDUAL PROPERTY VALUES.—The SECTION 1. SHORT TITLE. Service until the date on which the land de- property values of each parcel shall not be This Act may be cited as the ‘‘Timpanogos picted on the maps is exchanged under this Act. affected by the unit rule described in the Interagency Land Exchange Act’’. (b) TECHNICAL CORRECTIONS TO LEGAL DE- Uniform Appraisal Standards for Federal SEC. 2. FINDINGS AND PURPOSES. SCRIPTIONS.—The Secretary may correct minor Land Acquisitions. (a) FINDINGS.—Congress finds that— errors in the legal descriptions in paragraphs (2) ø(d) CASH EQUALIZATION.—Notwithstanding (1) the facility that houses the administrative and (3) of section 3. section 206(b) of the Federal Land Policy and office of the Pleasant Grove Ranger District of SEC. 5. EXCHANGE OF LAND FOR FACILITY SITE. Management Act of 1976 (43 U.S.C. 1716(b))— the Uinta National Forest can no longer prop- (a) IN GENERAL.—Subject to subsection (b), ø(1) if the value of the non-Federal land is erly serve the purpose of the facility; the Secretary may, under such terms and condi- less than the value of the Federal land, the (2) a fire destroyed the Timpanogos Cave Na- tions as the Secretary may prescribe, convey by Secretary may accept a cash equalization tional Monument Visitor Center and administra- quitclaim deed all right, title, and interest of the payment in excess of 25 percent of the value tive office in 1991, and the temporary structure United States in and to the Federal land in ex- of the Federal land; or that is used for a visitor center cannot ade- change for the conveyance of the non-Federal ø(2) if the value of the Federal land is less quately serve the public; and land. than the value of the non-Federal land, the (3) combining the administrative office of the (b) TITLE TO NON-FEDERAL LAND.—Before the Secretary may make a cash equalization Pleasant Grove Ranger District with a new land exchange takes place under subsection (a), payment in excess of 25 percent of the value Timpanogos Cave National Monument visitor the Secretary shall determine that title to the of the Federal land equal to the difference in center and administrative office in one facility non-Federal land is acceptable based on the ap- value between the Federal land and the value would— proval standards applicable to Federal land ac- of the non-Federal property. (A) facilitate interagency coordination; quisitions. ø(e) ADMINISTRATION OF LAND ACQUIRED BY (B) serve the public better; and (c) VALUATION OF NON-FEDERAL LAND.— UNITED STATES.— (C) improve cost effectiveness. (1) DETERMINATION.—The fair market value of ø(1) BOUNDARY ADJUSTMENT.— (b) PURPOSES.—The purposes of this Act are— the land and the improvements on the land ex- ø(A) IN GENERAL.—On acceptance of title (1) to authorize the Secretary of Agriculture to changed under this Act shall be determined by by the Secretary— acquire by exchange non-Federal land located an appraisal that— ø(i) the non-Federal land conveyed to the in Highland, Utah as the site for an interagency (A) is approved by the Secretary; and United States shall become part of the Uinta administrative and visitor facility; (B) conforms with the Federal appraisal National Forest; and (2) to direct the Secretary of the Interior to standards, as defined in the publication entitled ø(ii) the boundaries of the national forest construct an administrative and visitor facility ‘‘Uniform Appraisal Standards for Federal Land shall be adjusted to include the land. on the non-Federal land acquired by the Sec- Acquisitions’’. ø(B) ALLOCATION OF LAND AND WATER CON- retary of Agriculture; and (2) SEPARATE APPRAISALS.— SERVATION FUND MONEYS.—For purposes of (3) to direct the Secretary of Agriculture and (A) IN GENERAL.—Each parcel of Federal land section 7 of the Land and Water Conserva- the Secretary of the Interior to cooperate in the described in subparagraphs (A) through (F) of tion Fund Act of 1965 (16 U.S.C. 460l–9), the development, construction, operation, and main- section 3(2) shall be appraised separately. boundaries of the national forest, as adjusted tenance of the facility. (B) INDIVIDUAL PROPERTY VALUES.—The prop- under this section, shall be considered to be SEC. 3. DEFINITIONS. erty values of each parcel shall not be affected boundaries of the national forest as of Janu- In this Act: by the unit rule described in the Uniform Ap- ary 1, 1965. (1) FACILITY.—The term ‘‘facility’’ means the praisal Standards for Federal Land Acquisi- ø(2) APPLICABLE LAW.—Subject to valid ex- facility constructed under section 7 to house— tions. isting rights, the Secretary shall manage (A) the administrative office of the Pleasant (d) CASH EQUALIZATION.—Notwithstanding any land acquired under this section in ac- Grove Ranger District of the Uinta National section 206(b) of the Federal Land Policy and cordance with— Forest; and Management Act of 1976 (43 U.S.C. 1716(b)), the ø(A) the Act of March 1, 1911 (16 U.S.C. 480 (B) the visitor center and administrative office Secretary may, as the circumstances require, ei- et seq.) (commonly known as the ‘‘Weeks of the Timpanogos Cave National Monument. ther make or accept a cash equalization pay- Act’’); and (2) FEDERAL LAND.—The term ‘‘Federal land’’ ment in excess of 25 percent of the total value of ø(B) other laws (including regulations) means the parcels of land and improvements to the lands or interests transferred out of Federal that apply to National Forest System land. the land in the Salt Lake Meridian comprising— ownership.

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00198 Fmt 4637 Sfmt 6333 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 1, 2002 CONGRESSIONAL RECORD — SENATE S8015 (e) ADMINISTRATION OF LAND ACQUISITION BY ets and the parts of the bill intended to able to carry out this Act, the Secretary UNITED STATES.— be inserted are shown in italic) shall submit to the Committee on Resources (1) BOUNDARY ADJUSTMENT.— of the House of Representatives and the S. 1227 (A) IN GENERAL.—On acceptance of title by Committee on Energy and Natural Resources the Secretary— Be it enacted by the Senate and House of Rep- of the Senate a report that describes the (i) the non-Federal land conveyed to the resentatives of the United States of America in findings, conclusions, and recommendations United States shall become part of the Uinta Congress assembled, of the study under subsection (a). National Forest; and SECTION 1. SHORT TITLE. ø(e) AUTHORIZATION OF APPROPRIATIONS.— (ii) the boundaries of the national forest shall This Act may be cited as the ‘‘Niagara There is authorized to be appropriated to be adjusted to include the land. Falls National Heritage Area Study Act’’. carry out this section $300,000.¿ (B) ALLOCATION OF LAND AND WATER CON- SEC. 2. DEFINITIONS. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. SERVATION FUND MONEYS.—For purposes of sec- In this Act: There is authorized to be appropriated tion 7 of the Land and Water Conservation (1) SECRETARY.—The term ‘‘Secretary’’ $300,000 to carry out this Act. Fund Act of 1965 (16 U.S.C. 4601–099), the means the Secretary of the Interior. The committee amendments were boundaries of the national forest, as adjusted ø(2) STUDY AREA.— agreed to. under this section, shall be considered to be ø(A) IN GENERAL.—The term ‘‘study area’’ The bill (S. 1227) as amended, was boundaries of the national forest as of January means the segment of the Niagara River in read the third time and passed. 1, 1965. Niagara County, New York, that extends (The bill will be printed in a future (2) APPLICABLE LAW.—Subject to valid existing from Niagara Falls, New York, to the mouth rights, the Secretary shall manage any land ac- edition of the RECORD.) of the Niagara River at Lake Ontario. quired under this section in accordance with— f ø(B) INCLUSION.—The term ‘‘study area’’ in- (A) the Act of March 1, 1911 (16 U.S.C. 480 et cludes land in any municipality that is adja- REDESIGNATION OF CERTAIN seq.) (commonly known as the ‘‘Weeks Act’’); cent to the Niagara River in Niagara County, LANDS WITHIN CRATERS OF THE and ¿ (B) other laws (including regulations) that New York. MOON NATIONAL MONUMENT (2) STUDY AREA.—The term ‘‘study area’’ apply to National Forest System land. means lands in Niagara County, New York, The bill (H.R. 601) to redesignate cer- SEC. 6. DISPOSITION OF FUNDS. along and in the vicinity of the Niagara River. tain lands within the Craters of the (a) DEPOSIT.—The Secretary shall deposit any ø ¿ Moon National Monument, and for cash equalization funds received in the land ex- SEC. 3. NIAGARA RIVER FALLS NATIONAL HER- ITAGE AREA STUDY. other purposes, was considered, ordered change in the fund established under Public (a) IN GENERAL.—The Secretary shall con- to a third reading, read the third time, Law 90–171 (16 U.S.C. 484a) (commonly known duct a study of the suitability and feasibility as the ‘‘Sisk Act’’). and passed. of establishing a heritage area in the State (b) USE OF FUNDS.—Funds deposited under f of New York to be known as the ‘‘Niagara subsection (a) shall be available to the Sec- Falls National Heritage Area’’. RENAMING WOLF TRAP FARM retary, without further appropriation, for the (b) ANALYSES AND DOCUMENTATION.—The acquisition of land and interests in land for ad- PARK study shall include analysis and documenta- ministrative sites in the State of Utah and land The bill (H.R. 2440) to rename Wolf tion of whether the study area— for the National Forest System. (1) contains an assemblage of natural, his- Trap Farm Park as ‘‘Wolf Trap Na- SEC. 7. CONSTRUCTION AND OPERATION OF FA- torical, scenic, and cultural resources that tional Park for the Performing Arts,’’ CILITY. represent distinctive aspects of the heritage and for other purposes, was considered, (a) CONSTRUCTION.— of the United States that— ordered to a third reading, read the (1) IN GENERAL.—Subject to paragraph (2), as (A) are worthy of recognition, conserva- third time, and passed. soon as practicable after funds are made avail- tion, interpretation, and continued use; and able to carry out this Act, the Secretary of the f (B) would best be managed— Interior shall construct, and bear responsibility (i) through partnerships among public and TUMACACORI NATIONAL HISTOR- for all costs of construction of, a facility and all private entities; and ICAL PARK IN THE STATE OF necessary infrastructure on non-Federal land (ii) by combining diverse and sometimes acquired under section 5. ARIZONA noncontiguous resources and active commu- (2) DESIGN AND SPECIFICATIONS.—Prior to con- The bill (H.R. 2234) to revise the nities; struction, the design and specifications of the (2) reflects traditions, customs, beliefs, and boundary of the Tumacacori National facility shall be approved by the Secretary and folklife that are a valuable part of the story Historical Park in the State of Ari- the Secretary of the Interior. of the United States; zona, was considered, ordered to a third (b) OPERATION AND MAINTENANCE OF FACIL- (3) provides outstanding opportunities to ITY.—The facility shall be occupied, operated, reading, read the third time, and and maintained jointly by the Secretary (acting conserve natural, historical, scenic, or cul- passed. tural features; through the Chief of the Forest Service) and the f Secretary of the Interior (acting through the Di- (4) provides outstanding recreational and rector of the National Park Service) under terms educational opportunities; CONVEYANCE OF CERTAIN LAND and conditions agreed to by the Secretary and (5) contains resources important to the IN THE LAKE TAHOE BASIN the Secretary of the Interior. identified theme of the study area that re- MANAGEMENT UNIT tain a degree of integrity capable of sup- SEC. 8. AUTHORIZATION OF APPROPRIATIONS. porting interpretation; The bill (S. 691) to direct the Sec- There are authorized to be appropriated such (6) includes residents, business interests, retary of Agriculture to convey certain sums as are necessary to carry out this Act. nonprofit organizations, and State and local land in the Lake Tahoe Basin Manage- The Committee amendment in the governments that— ment Unit, Nevada, to the Secretary of nature of a substitute was agreed to. (A) are involved in planning a national her- the Interior, in trust for the Washoe The bill (S. 1240), as amended, was itage area; Indian Tribe of Nevada and California, read the third time, and passed. (B) have developed a conceptual financial was considered, ordered to be engrossed (The bill will be printed in a future plan for a national heritage area that out- for a third reading, read the third time, edition of the RECORD.) lines the roles for all participants, including the Federal Government; and and passed; as follows: f (C) have demonstrated support for the con- S. 691 NIAGARA FALLS NATIONAL cept of a national heritage area; Be it enacted by the Senate and House of Rep- HERITAGE AREA STUDY ACT (7) has a potential management entity to resentatives of the United States of America in work in partnership with residents, business Congress assembled, The Senate proceeded to consider the interests, nonprofit organizations, and State SECTION 1. WASHOE TRIBE LAND CONVEYANCE. bill (S. 1227) to authorize the Secretary and local governments to develop a national (a) FINDINGS.—Congress finds that— of the Interior to conduct a study of heritage area consistent with continued (1) the ancestral homeland of the Washoe the suitability and feasibility of estab- State and local economic activity; and Tribe of Nevada and California (referred to lishing the Niagara Falls National Her- (8) has a conceptual boundary map that is in this Act as the ‘‘Tribe’’) included an area itage Area in the State of New York, supported by the public. of approximately 5,000 square miles in and and for other purposes, which had been (c) CONSULTATION.—In conducting the around Lake Tahoe, California and Nevada, reported from the Committee on En- study, the Secretary shall consult with— and Lake Tahoe was the heart of the terri- (1) State and local agencies; and tory; ergy and Natural Resources, with (2) interested organizations within the (2) in 1997, Federal, State, and local gov- amendments, as follows: study area. ernments, together with many private land- (The parts of the bill intended to be (d) REPORT.—Not later than 3 fiscal years holders, recognized the Washoe people as in- stricken are shown in boldface brack- after the date on which funds are made avail- digenous people of Lake Tahoe Basin

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00199 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8016 CONGRESSIONAL RECORD — SENATE August 1, 2002 through a series of meetings convened by (B) title to the parcel shall revert to the (2) in accordance with section 502(b)(3) of those governments at 2 locations in Lake Secretary of Agriculture. the Omnibus Parks and Public Lands Man- Tahoe; f agement Act of 1996 (16 U.S.C. 461 note; Pub- (3) the meetings were held to address pro- EXTENSION OF THE DEADLINE lic Law 104–333), a partnership comprised of tection of the extraordinary natural, rec- representatives from the National Park reational, and ecological resources in the FOR COMMENCEMENT OF CON- Service, the Historic Preservation Office of Lake Tahoe region; STRUCTION OF A HYDRO- the State of Washington, the Department of (4) the resulting multiagency agreement ELECTRIC PROJECT IN NORTH the Army, and the city of Vancouver, Wash- includes objectives that support the tradi- CAROLINA ington, has developed a comprehensive coop- tional and customary uses of National For- The bill (S. 1010) to extend the dead- erative management plan for the restoration est System land by the Tribe; and line for commencement of construction of Vancouver Barracks; (5) those objectives include the provision of (3) the 16 buildings at Vancouver Barracks access by members of the Tribe to the shore of a hydroelectric project in the State referred to as the ‘‘West Barracks’’ were va- of Lake Tahoe in order to reestablish tradi- of North Carolina, was considered, or- cated by the Army in October 2000 and, for tional and customary cultural practices. dered to be engrossed for a third read- preservation purposes, require significant re- (b) PURPOSES.—The purposes of this Act ing, read the third time, and passed; as pair; are— follows: (4) the Army Reserve and the Washington (1) to implement the joint local, State, S. 1010 National Guard actively use the portions of tribal, and Federal objective of returning the Vancouver Barracks referred to as the ‘‘East Tribe to Lake Tahoe; and Be it enacted by the Senate and House of Rep- Barracks’’; (2) to ensure that members of the Tribe resentatives of the United States of America in (5) the management plan for the Reserve have the opportunity to engage in tradi- Congress assembled, recommends that the historic buildings at tional and customary cultural practices on SECTION 1. EXTENSION OF TIME FOR FEDERAL Vancouver Barracks be preserved and pri- the shore of Lake Tahoe to meet the needs of ENERGY REGULATORY COMMISSION PROJECT. marily used for educational purposes and spiritual renewal, land stewardship, Washoe (a) IN GENERAL.—Notwithstanding the time public activities; horticulture and ethnobotany, subsistence period specified in section 13 of the Federal (6) the State of Washington, the city of gathering, traditional learning, and reunifi- Power Act (16 U.S.C. 806) that would other- Vancouver, Washington, and the Vancouver cation of tribal and family bonds. (c) CONVEYANCE ON CONDITION SUBSE- wise apply to the Federal Energy Regulatory National Historic Reserve Trust have QUENT.—Subject to valid existing rights, the Commission project number 11437, the Com- pledged to financially support preservation easement reserved under subsection (d), and mission may, at the request of the licensee efforts at the Reserve; the condition stated in subsection (e), the for the project, and after reasonable notice, (7) extensive planning efforts under the Secretary of Agriculture shall convey to the in accordance with the requirements of that management plan for the Reserve have been Secretary of the Interior, in trust for the section and the Commission’s procedures completed, and restoration and reuse efforts Tribe, for no consideration, all right, title, under that section, extend the time period are proceeding as planned; and interest in the parcel of land comprising during which the licensee is required to com- (8) the historic Lewis and Clark expedition approximately 24.3 acres, located within the mence the construction of the project for 3 passed by the Reserve on the final segment Lake Tahoe Basin Management Unit north consecutive 2-year periods. of its historic expedition to the Pacific of Skunk Harbor, Nevada, and more particu- (b) EFFECTIVE DATE.—Subsection (a) takes Ocean; larly described as Mount Diablo Meridian, effect on the date of the expiration of the ex- (9) the bicentennial celebration of the T15N, R18E, section 27, lot 3. tension issued by the Commission before the Lewis and Clark expedition is scheduled to (d) EASEMENT.— date of the enactment of this Act under sec- take place from 2004 through 2006; (1) IN GENERAL.—The conveyance under tion 13 of the Federal Power Act (16 U.S.C. (10) to accommodate the expected increase subsection (c) shall be made subject to res- 806). in visitors to the Reserve during the com- ervation to the United States of a nonexclu- f memoration of the bicentennial celebration, sive easement for public and administrative VANCOUVER NATIONAL HISTORIC the historic preservation and reuse efforts at access over Forest Development Road #15N67 the Reserve should be continued; and to National Forest System land, to be ad- RESERVE PRESERVATION ACT (11) to prevent the further deterioration of ministered by the Secretary of Agriculture. OF 2002 Vancouver Barracks, the historic preserva- (2) ACCESS BY INDIVIDUALS WITH DISABIL- The Senate proceeded to consider the tion of the West Barracks should be expe- ITIES.—The Secretary of Agriculture shall bill (S. 1649) to amend the Omnibus dited. provide a reciprocal easement to the Tribe Parks and Public Lands Management (b) PURPOSE.—The purpose of this Act is to permitting vehicular access to the parcel Act of 1996 to increase the authoriza- over Forest Development Road #15N67 to— increase the authorization of appropriations (A) members of the Tribe for administration of appropriations for the Van- for the Vancouver National Historic Reserve tive and safety purposes; and couver National Historic Reserve and and for the preservation of Vancouver Bar- (B) members of the Tribe who, due to age, for the preservation of Vancouver Bar- racks at the Reserve. infirmity, or disability, would have dif- racks, which had been reported from ficulty accessing the conveyed parcel on the Committee on Energy and Natural SEC. 3. AUTHORIZATION OF APPROPRIATIONS. foot. Resources, with amendments, as fol- Section 502(d) of the Omnibus Parks and (e) CONDITION ON USE OF LAND.— lows: Public Lands Management Act of 1996 (16 (1) IN GENERAL.—In using the parcel con- (The parts of the bill intended to be U.S.C. 461 note; Public Law 104–333) is veyed under subsection (c), the Tribe and amended by striking ø‘‘$5,000,000’’ and insert- members of the Tribe— stricken are shown in boldface brack- ing ‘‘$25,000,000’’.¿ ‘‘$5,000,000 for development (A) shall limit the use of the parcel to tra- ets and the parts of the bill intended to costs.’’ and inserting ‘‘$15,000,000 for develop- ditional and customary uses and stewardship be inserted are shown in italic) conservation for the benefit of the Tribe; S. 1649 ment costs associated with capital projects con- (B) shall not permit any permanent resi- Be it enacted by the Senate and House of Rep- sistent with the cooperative management plan, dential or recreational development on, or resentatives of the United States of America in except that the Federal share of such develop- commercial use of, the parcel (including Congress assembled, ment costs shall not exceed 50 pecent of the total commercial development, tourist accom- SECTION 1. SHORT TITLE. costs.’’. modations, gaming, sale of timber, or min- This Act may be cited as the ‘‘Vancouver eral extraction); and National Historic Reserve Preservation Act The committee amendments were (C) shall comply with environmental re- of ø2001¿ 2002’’. agreed to. quirements that are no less protective than SEC. 2. FINDINGS AND PURPOSE. The bill (S. 1649) as amended, was environmental requirements that apply (a) FINDINGS.—Congress finds that— read the third time, and passed. under the Regional Plan of the Tahoe Re- (1) the Vancouver National Historic Re- gional Planning Agency. serve (referred to in this section as the ‘‘Re- (The bill will be printed in a future (2) TERMINATION AND REVERSION.—If the serve’’) in Vancouver, Washington, contains edition of the RECORD.) Secretary of the Interior, after notice to the several sites of historical importance, in- Tribe and an opportunity for a hearing, cluding— f based on monitoring of use of the parcel by (A) the former trading post of the Hudson the Tribe, makes a finding that the Tribe has Bay Company, established in 1825; used or permitted the use of the parcel in (B) Vancouver Barracks, a major adminis- EXTENSION OF CERTAIN HYDRO- violation of paragraph (1) and the Tribe fails trative outpost of the United States Army ELECTRIC LICENSES IN THE to take corrective or remedial action di- for 150 years; STATE OF ALASKA rected by the Secretary of the Interior— (C) Officers Row, which is listed on the Na- (A) title to the parcel in the Secretary of tional Register of Historic Places; and The bill (S. 471) to extend hydro-elec- the Interior, in trust for the Tribe, shall ter- (D) Pearson Airpark, the oldest contin- tric licenses in the State of Alaska, minate; and ually operating airport in the United States; was considered, ordered to be engrossed

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00200 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 1, 2002 CONGRESSIONAL RECORD — SENATE S8017 for a third reading, read the third time, the State of Florida as well as the suit- (3) any impact on the local area that would and passed, as follows: ability and feasibility of its inclusion result from the inclusion of Miami Circle in the Park. S. 1843 in the National Park System as part of Biscayne National Park, and for other (c) REPORT.—Not later than 30 days after Be it enacted by the Senate and House of Rep- completion of the study, the Secretary shall resentatives of the United States of America in purposes, which had been reported from submit a report describing the findings and Congress assembled, the Committee on Energy and Natural recommendations of the study to the Com- SECTION 1. STAY AND REINSTATEMENT OF FERC Resources, with an amendment, as fol- mittee on Energy and Natural Resources of LICENSE NO. 11393. lows: the Senate and the Committee on Resources (a) Upon the request of the licensee for (The parts of the bill intended to be of the United States House of Representa- FERC Project No. 11393, the Federal Energy stricken are shown in boldface brack- tives. Regulatory Commission shall issue an order ets and the parts of the bill intended to (d) AUTHORIZATION OF APPROPRIATIONS.— staying the license. be inserted are shown in italic) There are authorized to be appropriated such (b) Upon the request of the licensee for sums as are necessary to carry out this Act. S. 1894 FERC Project No. 11393, but not later than 6 The Committee amendment was years after the date that the Federal Energy Be it enacted by the Senate and House of Rep- Regulatory Commission receives written no- resentatives of the United States of America in agreed to. tice that construction of the Swan-Tyee Congress assembled, The bill (S. 1894), as amended, was transmission line is completed, the Federal SECTION 1. FINDINGS AND PURPOSES. read the third time and passed. Energy Regulatory Commission shall issue (a) FINDINGS.—Congress finds that— (The bill will be printed in a future an order lifting the stay and make the effec- (1) the Tequesta Indians were one of the edition of the RECORD.) tive date of the license the date on which the earliest groups to establish permanent vil- stay is lifted. lages in southeast Florida; f (c) Upon request of the licensee for FERC (2) the Tequestas had one of only two Project No. 11393 and notwithstanding the North American civilizations that thrived CONVEYANCE OF CERTAIN LAND time period specified in section 13 of the Fed- and developed into a complex social eral Power Act for the commencement of chiefdom without an agricultural base; TO THE CITY OF HAINES, OREGON construction, the Commission shall, after (3) the Tequesta sites that remain pre- The Senate proceeded to consider the reasonable notice and in accordance with the served today are rare; bill (S. 1907) to direct the Secretary of good faith, due diligence, and public interest (4) the discovery of the Miami Circle, occu- the Interior to convey certain land to requirements of that section, extend the pied by the Tequesta approximately 2,000 the city of Haines, Oregon, which had time period during which licensee is required years ago, presents a valuable new oppor- to commence the construction of the project tunity to learn more about the Tequesta cul- been reported from the Committee on for not more than 3 consecutive 2-year time ture; and Energy and Natural Resources, with an periods. (5) Biscayne National Park also contains amendment, as follows: f and protects several prehistoric Tequesta (The parts of the bill intended to be sites. stricken are shown in boldface brack- EXTENSION OF THE DEADLINE (b) PURPOSE.—The purpose of this Act is to ets and the parts of the bill intended to FOR COMMENCEMENT OF CON- direct the Secretary to conduct a special re- be inserted are shown in italic) source study to determine the national sig- STRUCTION OF A HYDRO- S. 1907 ELECTRIC PROJECT IN THE nificance of the Miami Circle site as well as Be it enacted by the Senate and House of Rep- STATE OF WYOMING the suitability and feasibility of its inclusion in the National Park System as part of Bis- resentatives of the United States of America in The bill (S. 1852) to extend the dead- cayne National Park. Congress assembled, line for commencement of construction SEC. 2. DEFINITIONS. SECTION 1. CONVEYANCE TO THE CITY OF of a hydroelectric project in the State In this Act: HAINES, OREGON. of Wyoming, was considered, ordered to ø(1) MIAMI CIRCLE.—The term ‘‘Miami Cir- (a) CONVEYANCE.—As soon as practicable be engrossed for a third reading, read cle’’ means the property in Miami-Dade after the date of enactment of this Act, the Secretary of the Interior shall convey, with- the third time, and passed; as follows: County of the State of Florida consisting of the three parcels described in Exhibit A in out consideration, all right, title, and inter- S. 1852 the appendix to the summons to show cause est of the United States in and to the parcel Be it enacted by the Senate and House of Rep- and notice of eminent domain proceedings, of land described in subsection (b) to the city resentatives of the United States of America in filed February 18, 1999, in Miami-Dade Coun- of Haines, Oregon. Congress assembled, ty v. Brickell Point, Ltd., in the circuit (b) DESCRIPTION OF LAND.—The parcel of SECTION 1. EXTENSION OF TIME FOR FEDERAL court of the 11th judicial circuit of Florida in land referred to in subsection (a) is the par- ENERGY REGULATORY COMMISSION and for Miami-Dade County.¿ cel of Bureau of Land Management land con- HYDROELECTRIC PROJECT. (1) MIAMI CIRCLE.—The term ‘‘Miami Circle’’ sisting of approximately 40 acres, øreferred (a) IN GENERAL.—Notwithstanding the time means the Miami Circle archaeological site in to as ‘‘BLM Parcel B 186’’, according to the period specified in section 13 of Federal Miami-Dade County, Florida. map entitled ‘‘Northeast Oregon Assembled Power Act (16 U.S.C. 806) that would other- (2) PARK.—The term ‘‘Park’’ means Bis- Land Exchange/Triangle Land Exchange’’, wise apply to the Federal Energy Regulatory cayne National Park in the State of Florida. dated November 5, 1999.¿ as indicated on the Commission Swift Creek Power Company, (3) SECRETARY.—The term ‘‘Secretary’’ map entitled ‘‘S. 1907: Conveyance to the City of Inc. hydroelectric license, project number means the Secretary of the Interior, acting Haines, Oregon’’ and dated May 9, 2002. 1651, the Commission may, at the request of through the Director of the National Park The committee amendment was the licensee for the project, and after reason- Service. agreed to. able notice, in accordance with the require- SEC. 3. SPECIAL RESOURCE STUDY. ments of that section and the Commission’s The bill (S. 1907), as amended, was (a) IN GENERAL.—Not later than one year read the third time and passed. procedures under that section, extend the after the date funds are made available, the time period during which the licensee is re- Secretary shall conduct a special resource (The bill will be printed in a future quired to commence the construction of the study as described in subsection (b). In con- edition of the RECORD.) project for 3 consecutive 2-year periods. ducting the study, the Secretary shall con- (b) EFFECTIVE DATE.—Subsection (a) takes sult with the appropriate American Indian f effect on the date of the expiration of the ex- tribes and other interested groups and orga- tension issued by the Commission before the nizations. AMENDMENTS TO THE CLEAR date of the enactment of this Act under sec- (b) COMPONENTS.—In addition to a deter- tion 13 of the Federal Power Act (16 U.S.C. CREEK COUNTY, COLORADO, mination of national significance, feasi- PUBLIC LANDS TRANSFER ACT 806). bility, and suitability, the special resource OF 1993 f study shall include the analysis and recommendations of the Secretary with respect The bill (H.R. 223) to amend the Clear THE MIAMI CIRCLE SITE IN THE to— Creek County, Colorado, Public Lands STATE OF FLORIDA (1) which, if any, particular areas of or sur- Transfer Act of 1993 to provide addi- The Senate proceeded to consider the rounding the Miami Circle should be in- tional time for Clear Creek County to cluded in the Park; bill (S. 1894) to direct the Secretary of (2) whether any additional staff, facilities, dispose of certain lands transferred to the Interior to conduct a special re- or other resources would be necessary to ad- the county under the Act, was consid- source study to determine the national minister the Miami Circle as a unit of the ered, ordered to a third reading, read significance of the Miami Circle site in Park; and the third time, and passed.

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00201 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8018 CONGRESSIONAL RECORD — SENATE August 1, 2002 BOOKER T. WASHINGTON NA- ‘‘(E) Consultation.—The Secretary shall The bill (H.R. 640), as amended, was TIONAL MONUMENT ADJUST- consult with other Federal, State, local, and read the third time and passed. MENT ACT OF 2001 tribal agencies in the administration of the (The bill will be printed in a future trail. edition of the RECORD.) The bill (H.R. 1456) to expand the ‘‘(F) Additional routes.—The Secretary boundary of the Booker T. Washington may designate additional routes to the trail Mr. REID. Mr. President, I read National Monument, and for other pur- if— through these bills very quickly but a poses, was considered, ordered to a ‘‘(i) the additional routes were included in tremendous amount of work has gone third reading, read the third time, and the Old Spanish Trail National Historic Trail into getting to the point where we are, passed. Feasibility Study, but were not rec- especially by the floor staff, to make ommended for designation as a national his- sure that the majority and the minor- f toric trail; and ity have signed off on this, and all the JAMES PEAK WILDERNESS AND ‘‘(ii) the Secretary determines that the ad- committees, and the fact that we have PROTECTION AREA ACT ditional routes were used for trade and commerce between 1829 and 1848.’’. been working through this list for The bill (H.R. 1576) To designate the The committee amendments were weeks. Anyway, it is good work done James Peak Wilderness and Protection agreed to. by everyone. Area in the Arapaho and Roosevelt Na- The bill (S. 1946), as amended, was The PRESIDING OFFICER. The Sen- tional Forests in the State of Colorado, read the third time and passed. ator from Oklahoma. and for other purposes, was considered, (The bill will be printed in a future Mr. NICKLES. Mr. President, these ordered to a third reading, read the edition of the RECORD.) are items that have support. Most of third time, and passed. f these are items that have been re- f ported through the Energy Committee. SANTA MONICA MOUNTAINS NA- They have bipartisan support. These OLD SPANISH TRAIL RECOGNITION TIONAL RECREATION AREA are Democrat and Republican bills. ACT OF 2002 BOUNDARY ADJUSTMENT ACT I appreciate the cooperation of the The Senate proceeded to consider the The Senate proceeded to consider the assistant majority leader in finally bill (S. 1946) to amend the National bill (H.R. 640) to adjust the boundaries passing these items. Trails System Act to designate the Old of Santa Monica Mountains National Mr. REID. Mr. President, I am going Spanish Trail as a National Historic Recreation Area, and for other pur- to suggest the absence of a quorum. We Trail, which had been reported from poses, which had been reported from are contacting a Senator to clear an- the Committee on Energy and Natural the Committee on Energy and Natural other item that the administration Resources, with amendments, as fol- Resources, with an amendment, as fol- wants. lows: lows: I suggest the absence of a quorum. (The parts of the bill intended to be (The part of the bill intended to be The PRESIDING OFFICER (Mr. GRA- stricken are shown in boldface brack- stricken is shown in boldface brackets HAM). The absence of a quorum having ets and the parts of the bill intended to and the part of the bill intended to be been suggested, the clerk will call the be inserted are shown in italic) inserted is shown in italic) roll. S. 1946 H.R. 640 The legislative clerk proceeded to Be it enacted by the Senate and House of Rep- Be it enacted by the Senate and House of Rep- call the roll. resentatives of the United States of America in resentatives of the United States of America in Mr. REID. Mr. President, I ask unan- Congress assembled, Congress assembled, imous consent the order for the SECTION 1. SHORT TITLE. SECTION 1. SHORT TITLE. quorum call be rescinded. This Act may be cited as the ‘‘Old Spanish This Act may be cited as the ‘‘Santa The PRESIDING OFFICER. Without Trail Recognition Act of 2002’’. Monica Mountains National Recreation Area Boundary Adjustment Act’’. objection, it is so ordered. SEC. 2. AUTHORIZATION AND ADMINISTRATION. Mr. REID. Mr. President, I say to my Section 5(a) of the National Trails System SEC. 2. BOUNDARY ADJUSTMENT. Section 507(c) of the National Parks and friend, the call was a success, and Act (16 U.S.C. 1244(a)) is amended— Mitch Daniels will be very happy. (1) by redesignating the second paragraph Recreation Act of 1978 (92 Stat. 3501; 16 (21) as paragraph (22); and U.S.C. 460kk) establishing Santa Monica f (2) by adding at the end the following: Mountains National Recreation Area is amended— LONG WALK NATIONAL HISTORIC ‘‘(23) Old spanish national historic trail.— TRAIL STUDY ACT ‘‘(A) In general.—The Old Spanish National (1) in paragraph (1), by striking ‘‘ ‘Bound- Historic Trail, an approximately ø3,500¿ 2,700 ary Map, Santa Monica Mountains National Mr. REID. Mr. President, I ask unan- mile long trail extending from Santa Fe, Recreation Area, California, and Santa imous consent that the Senate proceed New Mexico, to Los Angeles, California, that Monica Mountains Zone’, numbered SMM– NRA 80,000, and dated May 1978’’ and insert- to the immediate consideration of Cal- served as a major trade route between 1829 endar No. 457, H.R. 1384. ø ing ‘‘ ‘Santa Monica Mountains National and 1848, as generally depicted on the map The PRESIDING OFFICER. The contained in the report prepared under sub- Recreation Area and Santa Monica Moun- section (b)¿ maps numbered 1 through 9, as tains Zone, California, Boundary Map’, clerk will report the bill by title. ø ¿ contained in the report entitled ‘‘Old Spanish numbered 80,047, and dated February 2001’’ The legislative clerk read as follows: Trail National Historic Trail Feasibility numbered 80,047–C and dated August 2001’’; and A bill (H.R. 1384) to amend the National Study’’, dated July 2001, including the Armijo (2) by adding the following sentence after Trails System Act to designate the route in Route, Northern Route, North Branch, and Mo- the third sentence of paragraph (2)(A): Arizona and New Mexico which the Navajo jave Road’’. ‘‘Lands within the ‘Wildlife Corridor Expan- and Mescalero Apache Indian tribes were ø‘‘(B) Map.—A map generally depicting the sion Zone’ identified on the boundary map forced to walk in 1863 and 1864, for study for trail shall be on file and available for public referred to in paragraph (1) may be acquired potential addition to the National Trails inspection in the office of the Director of the only by donation or with donated funds.’’. System. National Park Service.¿ SEC. 3. TECHNICAL CORRECTIONS. Section 507 of the National Parks and There being no objection, the Senate ‘‘(B) Map.—A map generally depicting the proceeded to the consideration of the trail shall be on file and available for public in- Recreation Act of 1978 (92 Stat. 3501; 16 spection in the appropriate offices of the De- U.S.C. 460kk) establishing Santa Monica bill. partment of the Interior.’’. Mountains National Recreation Area is Mr. REID. Mr. President, I ask unan- ‘‘(C) Administration.—The trail shall be amended— imous consent that the bill be read administered by the Secretary of the øInte- (1) in subsection (c)(1), by striking ‘‘Com- three times, passed, and the motion to rior, acting through the Director of the Na- mittee on Natural Resources’’ and inserting reconsider be laid upon the table; and tional Park Service¿ Interior (referred to in ‘‘Committee on Resources’’; that any statements relating thereto this paragraph as the ‘Secretary’). (2) in subsection (c)(2)(B), by striking ‘‘of certain’’ in the first sentence and inserting be printed in the RECORD, without in- ‘‘(D) Land acquisition.—The United States tervening action or debate. shall not acquire for the trail any land or in- ‘‘certain’’; and terest in land outside the exterior boundary (3) in subsection (n)(5), by striking ‘‘laws’’ The PRESIDING OFFICER. Without of any federally-managed area without the in the second sentence and inserting ‘‘laws,’’. objection, it is so ordered. consent of the owner of the land or interest The Committee amendment was The bill (H.R. 1384) was read the third in land. agreed to. time and passed.

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00202 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 1, 2002 CONGRESSIONAL RECORD — SENATE S8019 RATIFYING AN AGREEMENT BE- acquisition of high quality wildlife habitat SEC. 5. REACQUISITION OF LANDS. TWEEN THE ALEUT CORPORA- in other Aleut Corporation selections within The Secretary of the Interior is authorized TION AND THE UNITED STATES the Alaska Maritime National Wildlife Ref- to acquire by purchase or exchange, on a willing seller basis only, any land conveyed OF AMERICA uge, maintaining a resident human population on Adak to control caribou, and mak- to The Aleut Corporation under the Agree- Mr. REID. Mr. President, I ask unan- ing possible a continued U.S. Fish and Wild- ment and this Act. In the event any of the imous consent that the Senate proceed life Service presence in that remote location lands are subsequently acquired by the to the immediate consideration of Cal- to protect the natural resources of the Aleu- United States, they shall be automatically endar No. 448, S. 1325. tian Islands Unit of the Alaska Maritime Na- included in the Refuge System. The laws and The PRESIDING OFFICER. The tional Wildlife Refuge. regulations applicable to Refuge lands shall clerk will report the bill by title. (8) It is in the public interest to promote then apply to these lands and the Secretary shall then adjust the boundaries accordingly. The legislative clerk read as follows: reuse of the Adak Island lands by exchanging certain lands for lands selected by The Aleut SEC. 6. GENERAL. A bill (S. 1325) to ratify an agreement be- Corporation elsewhere in the Alaska Mari- (a) øNotwithstanding any other provision tween the Aleut Corporation and the United time National Wildlife Refuge. Experience of law,¿ Notwithstanding the Federal Property States of America to exchange land rights with environmental problems associated and Administrative Services Act of 1949, as received under the Alaska Native Claims with formerly used defense sites in the State amended (40 U.S.C. 483–484) and the Defense Settlement Act for certain land interests on of Alaska suggests that the most effective Base Closure and Realignment Act of 1990, as Adak Island, and for other purposes. and efficient way to avoid future environ- amended (10 U.S.C. 2687), and for the purposes There being no objection, the Senate mental problems on Adak is to support and of the transfer of property authorized by this proceeded to the consideration of the encourage active reuse of Adak. Act, Department of Navy personal property bill, which had been reported from the SEC. 2. RATIFICATION OF AGREEMENT. that remains on Adak Island is deemed re- Committee on Energy and Natural Re- The document entitled the ‘‘Agreement lated to the real property and shall be con- sources, with an amendment, as fol- Concerning the Conveyance of Property at veyed by the Department of the Navy to The lows: the Adak Naval Complex’’ (hereinafter ‘‘the Aleut Corporation at no additional cost (The parts of the bill intended to be Agreement’’), and dated September 20, 2000, when the related real property is conveyed executed by The Aleut Corporation, the De- by the Department of the Interior. stricken are shown in boldface brack- partment of the Interior and the Department (b) The Secretary of the Interior shall con- ets and the parts of the bill intended to of the Navy, together with any technical vey to the Aleut Corporation those lands be inserted are shown in italic) amendments or modifications to the bound- identified in the Agreement as the former Be it enacted by the Senate and House of Rep- aries that may be agreed to by the parties is landfill sites without charge to the Aleut resentatives of the United States of America in hereby ratified, confirmed, and approved and Corporation’s entitlement under the Alaska Congress assembled, the terms, conditions, procedures, covenants, Native Claims Settlement Act. SECTION 1. FINDINGS. reservations, indemnities and other provi- (c) Any property, including, but not lim- Congress finds that: sions set forth in the Agreement are declared ited to, appurtenances and improvements, (1) Adak Island is an isolated island lo- to be obligations and commitments of the received pursuant to this Act shall, for pur- cated 1,200 miles southwest of Anchorage, United States and The Aleut Corporation: poses of section 21(d) of the Alaska Native Alaska, between the Pacific Ocean and the Provided, That modifications to the maps and Claims Settlement Act, as amended, and sec- Bering Sea. The Island, with its unique phys- legal descriptions of lands to be removed tion 907(d) of the Alaska National Interest ical and biological features, including a deep from the National Wildlife Refuge System Lands Conservation Act, as amended, be water harbor and abundant marine-associ- within the military withdrawal on Adak Is- treated as not developed until such property ated wildlife, was recognized early for both land set forth in Public Land Order 1949 may is actually occupied, leased (other than its natural and military values. In 1913, Adak be made only upon agreement of all Parties leases for nominal consideration to public Island was reserved and set aside as a Pre- to the Agreement and notification given to entities) or sold by The Aleut Corporation, serve because of its value to seabirds, marine the Committee on Resources of the United or, in the case of a lease or other transfer by mammals, and fisheries. Withdrawals of por- States House of Representatives and the The Aleut Corporation to a wholly owned de- tions of Adak Island for various military Committee on Energy and Natural Resources velopment subsidiary, actually occupied, purposes date back to 1901 and culminated in of the United States Senate: Provided further, leased, or sold by the subsidiary. the 1959 withdrawal of approximately half of That the acreage conveyed to the United (d) Upon conveyance to The Aleut Corpora- the Island for use by the Department of the States by The Aleut Corporation under the tion of the lands described in Appendix A of Navy for military purposes. Agreement, as modified, shall be at least the Agreement, the lands described in Ap- (2) By 1990, military development on Adak 36,000 acres. pendix C of the Agreement will become un- Island supported a community of 6,000 resi- SEC. 3. REMOVAL OF LANDS FROM REFUGE. available for selection under ANCSA. dents. Outside of the Adak Naval Complex, Effective on the date of conveyance to the (e) The maps included as part of Appendix there was no independent community on Aleut Corporation of the Adak Exchange A to the Agreement depict the lands to be Adak Island. Lands as described in the Agreement, all conveyed to The Aleut Corporation. The (3) As a result of the Defense Base Closure such lands shall be removed from the Na- maps shall be left on file at the Region 7 Of- and Realignment Act of 1990 (104 Stat. 1808), tional Wildlife Refuge System and shall nei- fice of the U.S. Fish and Wildlife Service and as amended, the Adak Naval Complex has ther be considered as part of the Alaska Mar- the offices of Alaska Maritime National been closed by the Department of Defense. itime National Wildlife Refuge nor be sub- Wildlife Refuge in Homer, Alaska. The writ- (4) The Aleut Corporation is an Alaskan ject to any laws pertaining to lands within ten legal descriptions of the lands to be con- Native Regional Corporation incorporated in the boundaries of the Alaska Maritime Na- veyed to The Aleut Corporation are also part the State of Alaska pursuant to the Alaska tional Wildlife Refuge, including the convey- of Appendix A. In case of any discrepancies, Native Claims Settlement Act (ANCSA), as ance restrictions imposed by section 22(g) of the maps shall be controlling. amended (43 U.S.C. 1601, et seq.). The Aleut the ANCSA, 43 U.S.C. 1621(g), for land in the Mr. REID. Mr. President, I ask unan- Corporation represents the indigenous people National Wildlife Refuge System. The Sec- imous consent that the committee of the Aleutian Islands who prior to the Rus- retary shall adjust the boundaries of the Ref- amendment be agreed to, the bill, as sian exploration and settlement of the Aleu- uge so as to exclude all interests in lands and amended, be read three times, passed, tian Islands were found throughout the Aleu- land rights, surface and subsurface, received and the motion to reconsider be laid tian Islands which includes Adak Island. by The Aleut Corporation in accordance with upon the table; and that any state- (5) None of Adak Island was available for this Act and the Agreement. ments relating thereto be printed in selection by The Aleut Corporation under SEC. 4. ALASKA NATIVE CLAIMS SETTLEMENT section 14(h)(8) of ANCSA (43 U.S.C. ACT. the RECORD, without intervening ac- 1613(h)(8)) because it was part of a National Lands and interests therein exchanged and tion or debate. Wildlife Refuge and because the portion com- conveyed by the United States pursuant to The PRESIDING OFFICER. Without prising the Adak Naval Complex was with- this Act shall be considered and treated as objection, it is so ordered. drawn for use by the United States Navy for conveyances of lands or interests therein The committee amendment was military purposes prior to the passage of under the Alaska Native Claims Settlement agreed to. ANCSA in December 1971. Act, except that receipt of such lands and in- The bill (S. 1325), as amended, was (6) The Aleut Corporation is attempting to terests therein shall not constitute a sale or read the third time and passed. establish a community on Adak and has of- disposition of land or interests received pur- fered to exchange ANCSA land selections and suant to such Act. The public easements for f entitlements for conveyance of certain lands access to public lands and waters reserved THE CALENDAR and interests therein on a portion of Adak pursuant to the Agreement are deemed to formerly occupied by the Navy. satisfy the requirements and purposes of Mr. REID. Mr. President, I ask unan- (7) Removal of a portion of the Adak Island Section 17(b) of the Alaska Native Claims imous consent that it be in order for land from refuge status will be offset by the Settlement Act. the Senate to proceed, en bloc, to the

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00203 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8020 CONGRESSIONAL RECORD — SENATE August 1, 2002 consideration of the following calendar A resolution (S. Res. 317) to authorize the The PRESIDING OFFICER. Without items: Calendar No. 488, H.R. 3380, and production of records by the Permanent Sub- objection, it is so ordered. committee on Investigations of the Com- Calendar No. 489, H.R. 2643. f I further ask unanimous consent that mittee on Governmental Affairs. the bills be read three times, passed, There being no objection, the Senate MEASURE READ THE FIRST and the motion to reconsider be laid proceeded to consider of the resolution. TIME—S.J. RES. 43 upon the table en bloc; that the consid- Mr. REID. Mr. President, I ask unan- Mr. REID. Mr. President, I am led to eration of these items appear sepa- imous consent that the resolution and believe that the Republican leader in- rately in the RECORD, and that any preamble be agreed to, en bloc, and the troduced S.J. Res. 43, and it is now at statements relating thereto be printed motion to reconsider be laid upon the the desk. If that is the case, I ask for in the RECORD, without further inter- table; and that any statements relating its first reading. vening action or debate. thereto be printed in the RECORD, with- The PRESIDING OFFICER. The The PRESIDING OFFICER. Without out further intervening action or de- clerk will report the resolution by objection, it is so ordered. bate. title. The PRESIDING OFFICER. Without The legislative clerk read as follows: f objection, it is so ordered. A joint resolution (S.J. Res. 43) proposing RIGHT-OF-WAY PERMITS FOR NAT- The resolution (S. Res. 317) was an amendment to the Constitution of the URAL GAS PIPELINES WITHIN agreed to. United States to guarantee the right to use THE GREAT SMOKY MOUNTAINS The preamble was agreed to. and recite the Pledge of Allegiance to the NATIONAL PARK The resolution, with its preamble, Flag and the national motto. The bill (H.R. 3380) to authorize the reads as follows: Mr. REID. Mr. President, I now ask Secretary of the Interior to issue right- S. RES. 317 for its second reading, but would object of-way permits for natural gas pipe- Whereas, the Permanent Subcommittee on to my own request. lines within the boundary of Great Investigations of the Committee on Govern- The PRESIDING OFFICER. Objec- Smoky Mountains National Park, was mental Affairs has been conducting an inves- tion is heard. considered, ordered to a third reading, tigation into the collapse of Enron Corpora- f read the third time, and passed. tion and associated misconduct to determine what took place and what, if any, legislative, NATIONAL MISSING ADULT f regulatory or other reforms might be appro- AWARENESS MONTH priate to prevent similar corporate failures FORT CLATSOP NATIONAL MEMO- Mr. REID. Mr. President, I ask unan- and misconduct in the future; imous consent that the Senate proceed RIAL EXPANSION ACT OF 2002 Whereas, the Subcommittee has received a to consideration of S. Res. 318 sub- The bill (H.R. 2643) to authorize the number of requests from law enforcement and regulatory officials and agencies and mitted earlier today by Senators Lin- acquisition of additional lands for in- coln, Kennedy, and others. clusion in the Fort Clatsop National court-appointed officials for access to records of the Subcommittee’s investigation; The PRESIDING OFFICER. The Memorial in the State of Oregon, and Whereas, by the privileges of the Senate of clerk will report the resolution by for other purposes, was considered, or- the United States and Rule XI of the Stand- title. dered to a third reading, read the third ing Rules of the Senate, no evidence under The legislative clerk read as follows: time, and passed. the control or in the possession of the Senate A resolution (S. Res. 318) designating Au- f can, by administrative or judicial process, be taken from such control or possession but by gust 2002 as ‘‘National Missing Adult Aware- AMENDING TITLE X OF THE permission of the Senate; ness Month’’. ENERGY POLICY ACT OF 1992 Whereas, when it appears that evidence There being no objection, the Senate under the control or in the possession of the proceeded to consider the resolution. Mr. REID. Mr. President, I ask unan- Senate is needed for the promotion of jus- Mr. REID. Mr. President, I ask unanimous consent that the Senate proceed tice, the Senate will take such action as will imous consent that the resolution and to the immediate consideration of Cal- promote the ends of justice consistent with preamble be agreed to en bloc, and the the privileges of the Senate: Now, therefore, endar No. 304, H.R. 3343. motion to reconsider be laid on the The PRESIDING OFFICER. The be it Resolved, That the Chairman and Ranking table, without any intervening action clerk will report the bill by title. or debate. The legislative clerk read as follows: Minority Member of the Permanent Sub- committee on Investigations of the Com- The PRESIDING OFFICER. Without A bill (H.R. 3343) to amend title X of the mittee on Governmental Affairs, acting objection, it is so ordered. Energy Policy Act of 1992, and for other pur- jointly, are authorized to provide to law en- The resolution (S. Res. 318) was poses. forcement and regulatory entities and offi- agreed to. There being no objection, the Senate cials, court-appointed officials, and other en- The preamble was agreed to. proceeded to consider the bill. tities or individuals duly authorized by Fed- eral, State, or foreign governments, records The resolution, with its preamble, Mr. REID. Mr. President, I ask unan- reads as follows: imous consent that the bill be read a of the Subcommittee’s investigation into the collapse of Enron Corporation and associated S. RES. 318 third time, passed, and the motion to misconduct. reconsider be laid upon the table; and Whereas our Nation must acknowledge f that missing adults are a growing group of that any statements relating thereto victims, who range in age from young adults be printed in the RECORD. ORDER FOR FINANCE COMMITTEE to senior citizens and reach across all life- The PRESIDING OFFICER. Without TO REPORT A BILL styles; objection, it is so ordered. Mr. REID. Mr. President, I ask unan- Whereas every missing adult has the right The bill (H.R. 3343) was read the third imous consent that on Friday, August to be searched for and to be remembered, re- time and passed. 2, notwithstanding an adjournment of gardless of the adult’s age; Whereas our world does not suddenly be- f the Senate, the Finance Committee come a safe haven when an individual be- may report a bill between the hours of AUTHORIZING THE PRODUCTION comes an adult; 11 a.m. to 1 p.m. OF RECORDS Whereas there are tens of thousands of en- The PRESIDING OFFICER. Without dangered or involuntarily missing adults Mr. REID. Mr. President, I ask unan- objection, it is so ordered. over the age of 17 in our Nation, and daily, more victims are reported missing; imous consent that the Senate proceed f to the immediate consideration of S. Whereas the majority of missing adults are Res. 317, submitted earlier today by ORDER FOR NOMINATIONS unrecognized and unrepresented; Whereas our Nation must become aware Senators DASCHLE and LOTT. Mr. REID. Mr. President, I ask unan- that there are endangered and involuntarily The PRESIDING OFFICER. The imous consent that all nominations re- missing adults, and each one of these indi- clerk will report the resolution by main in status quo notwithstanding ad- viduals is worthy of recognition and deserv- title. journment of the Senate during the ing of a diligent search and thorough inves- The legislative clerk read as follows: month of August. tigation;

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00204 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 1, 2002 CONGRESSIONAL RECORD — SENATE S8021 Whereas every missing adult is someone’s Whereas since 1977 has served as a Senior The legislative clerk read as follows: beloved grandparent, parent, child, sibling, Research Fellow at the Hoover Institution A concurrent resolution (S. Con. Res. 137) or dearest friend; on War, Revolution, and Peace at Stanford expressing the sense of Congress that the Whereas families, law enforcement agen- University; Federal Mediation and Conciliation Service cies, communities, and States should unite Whereas in 1988 was awarded the Presi- should exert its best efforts to cause the to offer much needed support and to provide dential Medal of Freedom; and Major League Baseball Players Association a strong voice for the endangered and invol- Whereas he has been a champion of an all- and the owners of the teams of Major League untarily missing adults of our Nation; volunteer armed forces, an advisor to presi- Baseball to enter into a contract to continue Whereas we must support and encourage dents, and has taught the American people to play professional baseball games without the citizens of our Nation to continue with the value of capitalism and freedom through engaging in a strike, a lockout, or any con- efforts to awaken our Nation’s awareness to his public broadcasting series, duct that interferes with the playing of the plight of our missing adults; Be it therefore Resolved, That the United scheduled professional baseball games. Whereas we must improve and promote re- States Senate commend and express its deep porting procedures involving missing adults gratitude to Professor Milton Friedman for There being no objection, the Senate and unidentified deceased persons; and his invaluable contribution to public dis- proceeded to consider the concurrent Whereas our Nation’s awareness, acknowl- course, American democracy, and the cause resolution. edgment, and support of missing adults, and of human freedom. Mr. REID. Mr. President, I ask unan- encouragement of efforts to continue our f imous consent that the concurrent res- search for these adults, must continue from TO REVISE, CODIFY, AND ENACT olution and preamble be agreed to, en this day forward: Now, therefore, be it bloc, the motions to reconsider be laid Resolved, That the Senate— WITHOUT SUBSTANTIVE CHANGE (1) designates August 2002, as ‘‘National CERTAIN LAWS RELATED TO upon the table, en bloc, without inter- Missing Adult Awareness Month’’; and PUBLIC BUILDINGS, PROPERTY, vening action or debate. (2) requests that the President issue a AND WORKS The PRESIDING OFFICER. Without proclamation calling upon the people of the objection, it is so ordered. United States to observe the month with ap- Mr. REID. Mr. President, I ask unan- The concurrent resolution (S. Con. propriate ceremonies and activities. imous consent the Senate proceed to Res. 137) was agreed to. f the consideration of Calendar No. 434, The preamble was agreed to. H.R. 2068. RECOGNIZING MILTON FRIEDMAN The concurrent resolution, with its The PRESIDING OFFICER. The preamble, reads as follows: Mr. REID. Mr. President, I ask unan- clerk will report the bill by title. S. Con. Res. 137 imous consent the Senate proceed to The legislative clerk read as follows: the consideration of S. Res. 319, sub- Whereas major league baseball is a na- A bill (H.R. 2068) to revise, codify, and tional institution and is commonly referred mitted introduced earlier today by enact without substantive change certain to as ‘‘the national pastime’’; Senator GRAMM of Texas. general and permanent laws related to public Whereas major league baseball and its The PRESIDING OFFICER. The buildings, property, and works, as title 40, players played a critical role in restoring clerk will report the resolution by United States Code, ‘‘Public Buildings, Prop- America’s spirit following the tragic events title. erty, and Works’’. of September 11, 2001; The legislative clerk read as follows: There being no objection, the Senate Whereas major league baseball players are A resolution (S. Res. 319) recognizing the proceeded to consider the bill. role models to millions of young Americans; accomplishments of Professor Milton Fried- Mr. REID. Mr. President, I would like and man. to make a parliamentary inquiry. Whereas while the financial issues involved The PRESIDING OFFICER. The Sen- in this current labor negotiation are signifi- There being no objection, the Senate cant, they pale in comparison to the damage proceeded to consider the resolution. ator will state his inquiry. that will be caused by a strike or work stop- Mr. REID. Mr. President, I ask unan- Mr. REID. In the opinion of the page: Now, therefore, be it imous consent that the resolution and Chair, does the enactment into positive Resolved by the Senate (the House of Rep- preamble be agreed to en bloc, the mo- law of a title of the United States resentatives concurring), That it is the sense tion to reconsider be laid upon the Code, without substantive change, af- of Congress that the Federal Mediation and table, and any statements relating to fect the subsequent referral of legisla- Conciliation Service, on its own motion and in accordance with section 203(b) of the the resolution be printed in the tion under Senate rule XXV? The PRESIDING OFFICER. It does Labor Management Relations Act, 1947 (29 RECORD. U.S.C. 173(b)), should immediately— The PRESIDING OFFICER. Without not. (1) proffer its services to the Major League objection, it is so ordered. Mr. REID. I thank the Chair. Baseball Players Association and the owners The resolution (S. Res. 319) was I ask unanimous consent the bill be of the teams of Major League Baseball to re- agreed to. read the third time, passed, the motion solve labor contract disputes relating to en- The preamble was agreed to. to reconsider be laid upon the table, tering into a collective bargaining agree- The resolution, with its preamble, and that any statements relating ment; and (2) use its best efforts to bring the parties reads as follows: thereto be printed in the RECORD at the appropriate place as if read, with no in- to agree to such contract without engaging S. RES. 319 in a strike, a lockout, or any other conduct tervening action or debate. Whereas California resident and Nobel that interferes with the playing of scheduled Laureate economist Professor Milton Fried- The PRESIDING OFFICER. Without professional baseball games. man: objection, it is so ordered. Whereas he was born on this day, July 31, The bill (H.R. 2068) was read the third f in the year 1912, the fourth and youngest time and passed. AUTHORITY FOR SENATE LEADER- child to Austro-Hungarian immigrants in f Brooklyn, New York; SHIP TO MAKE APPOINTMENTS Wheeas he served as a research staffer to EXPRESSING THE SENSE OF CON- Mr. REID. Mr. President, I ask unan- the National Bureau of Economic Research GRESS THAT MAJOR LEAGUE imous consent that notwithstanding from 1937 to 1981; BASEBALL PLAYERS AND TEAM the adjournment of the Senate that Whereas he helped implement wartime tax OWNERS SHOULD ATTEMPT TO policy at the United States Treasury from will shortly be upon us, the President ENTER INTO A CONTRACT AND of the Senate, the President pro tem- 1941 to 1943, and further contributed to the AVOID A STRIKE war effort from 1943 to 1945 at Columbia Uni- pore of the Senate, and the majority versity by studying weapons design and mili- Mr. REID. Mr. President, I ask unan- and minority leaders be authorized to tary tactics; imous consent that the Senate now make appointments to commissions, Whereas he served as a professor of eco- proceed to the consideration of S. Con. boards, committees, conferences, or nomics at the University of Chicago from Res. 137, submitted earlier today by interparliamentary conferences au- 1946 to 1976; Senator MILLER. thorized by the concurrent action of Whereas he was a founding member and president of the Mont Pelerin Society; The PRESIDING OFFICER. Without the two Houses or by order of the Sen- Whereas he was awarded the Bank of Swe- objection, it is so ordered. ate. den Prize in Economic Sciences in Memory The clerk will state the resolution by The PRESIDING OFFICER. Without of Alfred Nobel in 1976; title. objection, it is so ordered.

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00205 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8022 CONGRESSIONAL RECORD — SENATE August 1, 2002 AMENDING THE PUBLIC HEALTH The PRESIDING OFFICER. Without or benign) occurring in any of the following SERVICE ACT objection, it is so ordered. sites: ‘‘(I) The brain, meninges, spinal cord, Mr. REID. Mr. President, I ask unan- The bill (H.R. 2441) was read the third time and passed. cauda equina, a cranial nerve or nerves, or imous consent that the HELP Com- any other part of the central nervous sys- merce Committee be discharged from f tem. further consideration of S. 2549, and BENIGN BRAIN TUMOR CANCER ‘‘(II) The pituitary gland, pineal gland, or the Senate proceed to its consider- REGISTRIES AMENDMENT ACT craniopharyngeal duct. ation. ‘‘(ii) The term ‘listed’, with respect to a The PRESIDING OFFICER. Without Mr. REID. Mr. President, I ask unan- primary tumor, means a primary tumor that objection, it is so ordered. imous consent that the HELP Com- is listed in the International Classification of Diseases for Oncology (commonly referred The clerk will state the bill by title. mittee be discharged from further consideration of S. 2558, and that the Sen- to as the ICD–O). The legislative clerk read as follows: ‘‘(iii) The term ‘International Classifica- A bill (S. 2549) to ensure that child employ- ate proceed to its immediate consideration. tion of Diseases for Oncology’ means a clas- ees of traveling sales crews are protected sification system that includes topography under the Fair Labor Standards Act of 1938. The PRESIDING OFFICER. Without (site) information and histology (cell type There being no objection, the Senate objection, it is so ordered. The clerk information) developed by the World Health proceeded to consider the bill. will report the bill by title. Organization, in collaboration with inter- Mr. REID. Mr. President, I ask unan- The legislative clerk read as follows: national centers, to promote international imous consent that the bill be read the A bill (S. 2558) to amend the Public Health comparability in the collection, classifica- Service Act to provide for the collection of tion, processing, and presentation of cancer third time and passed, the motion to statistics. The ICD–O system is a supplement reconsider be laid upon the table, and data on the benign brain-related tumors through the national program of cancer reg- to the International Statistical Classifica- that any statements relating to the istries. tion of Diseases and Related Health Prob- bill be printed in the RECORD at the ap- There being no objection, the Senate lems (commonly known as the ICD) and is propriate place as if given, without in- the standard coding system used by cancer proceeded to consider the bill. tervening action or debate. registries worldwide. Such term includes any Mr. REID. Mr. President, I ask unan- The PRESIDING OFFICER. Without modification made to such system for pur- imous consent that the bill be read objection, it is so ordered. poses of the United States. Such term fur- The bill (S. 2549) was read the third three times, passed, the motion to re- ther includes any published classification system that is internationally recognized as time and passed, as follows: consider be laid upon the table, all with no intervening action or debate, a successor to the classification system re- S. 2549 and that any statements relating to ferred to in the first sentence of this clause. Be it enacted by the Senate and House of Rep- ‘‘(C) STATEWIDE CANCER REGISTRY.—Ref- the bill be printed in the RECORD. resentatives of the United States of America in erences in this section to cancer registries Congress assembled, The PRESIDING OFFICER. Without shall be considered to be references to reg- SEC. 101. LIMITATION ON CHILD LABOR. objection, it is so ordered. istries described in this subsection.’’. (a) IN GENERAL.—Section 12 of the Fair The bill (S. 2558) was read the third (b) APPLICABILITY.—The amendments made Labor Standards Act of 1938 (29 U.S.C. 212) is time and passed, as follows: by subsection (a) apply to grants under sec- amended by adding at the end the following: S. 2558 tion 399B of the Public Health Service Act ‘‘(e) No individual under 18 years of age Be it enacted by the Senate and House of Rep- for fiscal year 2002 and subsequent fiscal may be employed in a position requiring the resentatives of the United States of America in years, except that, in the case of a State individual to engage in door to door sales or Congress assembled, that received such a grant for fiscal year 2000, the Secretary of Health and Human in related support work in a manner that re- SECTION 1. SHORT TITLE. Services may delay the applicability of such quires the individual to remain away from This Act may be cited as the ‘‘Benign amendments to the State for not more than his or her permanent residence for more than Brain Tumor Cancer Registries Amendment 12 months if the Secretary determines that 24 hours.’’. Act’’. (b) RULES AND REGULATIONS.—The Sec- compliance with such amendments requires retary of Labor may issue such rules and SEC. 2. NATIONAL PROGRAM OF CANCER REG- the enactment of a statute by the State or ISTRIES; BENIGN BRAIN–RELATED regulations as are necessary to carry out the TUMORS AS ADDITIONAL CATEGORY the issuance of State regulations. amendment made by this section, consistent OF DATA COLLECTED. f with the requirements of chapter 5 of title 5, (a) IN GENERAL.—Section 399B of the Public United States Code. Health Service Act (42 U.S.C. 280e), as redes- GLOBAL PATHOGEN f ignated by section 502(2)(A) of Public Law SURVEILLANCE ACT OF 2002 106–310 (114 Stat. 1115), is amended in sub- AMENDING THE PUBLIC HEALTH Mr. REID. Mr. President, I ask unan- section (a)— imous consent that the Senate proceed SERVICE ACT TO REDESIGNATE (1) by redesignating paragraphs (1) through A FACILITY AS THE ‘‘NATIONAL (5) as subparagraphs (A) through (E), respec- to the consideration of Calendar No. HANSEN’S DISEASE PROGRAMS tively and indenting appropriately; 388, S. 2487. CENTER’’ (2) by striking ‘‘(a) IN GENERAL.—The Sec- The PRESIDING OFFICER. The clerk will report the bill by title. Mr. REID. Mr. President, I ask unan- retary’’ and inserting the following: ‘‘(a) IN GENERAL.— The legislative clerk read as follows: imous consent that the HELP Com- ‘‘(1) STATEWIDE CANCER REGISTRIES.—The mittee be discharged from further con- A bill (S. 2487) to provide for global patho- Secretary’’; gen surveillance and response. sideration of H.R. 2441, and the Senate (3) in the matter preceding subparagraph then proceed to its consideration. (A) (as so redesignated), by striking ‘‘popu- There being no objection, the Senate The PRESIDING OFFICER. Without lation-based’’ and all that follows through proceeded to consider the bill. objection, it is so ordered. ‘‘data’’ and inserting the following: ‘‘popu- Mr. BIDEN. Mr. President, I am ex- The clerk will state the bill by title. lation-based, statewide registries to collect, tremely pleased that the Senate today The legislative clerk read as follows: for each condition specified in paragraph is taking up S. 2487, the ‘‘Global Patho- (2)(A), data’’; and gen Surveillance Act of 2002.’’ This bill A bill (H.R. 2441) to amend the Public (4) by adding at the end the following: Health Service Act to redesignate a facility authorizes $150 million over the next ‘‘(2) CANCER; BENIGN BRAIN-RELATED TU- at the National Hansen’s Disease Programs MORS.— two fiscal years to provide assistance Center, and for other purposes. ‘‘(A) IN GENERAL.—For purposes of para- to developing nations to improve glob- There being no objection, the Senate graph (1), the conditions referred to in this al disease surveillance to help prevent proceeded to consider the bill. paragraph are the following: and contain both biological weapons Mr. REID. Mr. President, I ask unan- ‘‘(i) Each form of in-situ and invasive can- attacks and naturally occurring infec- imous consent that the bill be read the cer (with the exception of basal cell and tious disease outbreaks around the third time and passed, the motion to squamous cell carcinoma of the skin), in- world. reconsider be laid upon the table, with- cluding malignant brain-related tumors. This bill is the result of a joint effort ‘‘(ii) Benign brain-related tumors. ELMS out intervening action or debate, and ‘‘(B) BRAIN-RELATED TUMOR.—For purposes by Senator H and I to act on key that any statements relating thereto of subparagraph (A): lessons learned during an important be printed in the RECORD at the appro- ‘‘(i) The term ‘brain-related tumor’ means hearing the Foreign Relations Com- priate place. a listed primary tumor (whether malignant mittee held last September on the

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00206 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 1, 2002 CONGRESSIONAL RECORD — SENATE S8023 threat of bioterrorism and emerging in- was developed by a country or by ter- Organization, 30 new infectious dis- fectious diseases. I am also proud that rorists for use as a biological weapon, eases have emerged over the past 30 Senators KENNEDY and FRIST, the or that could be used by others for that years; between 1996 and 2001 alone, Chairman and Ranking Member of the purpose. more than 800 infectious disease out- Public Health Subcommittee of the How does disease surveillance fit into breaks occurred around the world, on Senate Health, Education, Labor, and all of this? A biological weapons attack every continent. With better surveil- Pensions Committee, are original co- succeeds partly through the element of lance, we can do a better job of miti- sponsors of this bill. surprise. A cluster of flu-like symp- gating the consequences of these dis- Senator HELMS and I recognize all toms in a city or region may be disease outbreaks. too well that biological weapons are a missed by individual physicians as just According to a report by the Na- global threat with no respect for bor- the flu when in fact it may be anthrax, tional Intelligence Council, developing ders. A terrorist group could launch a plague, or another biological weapon. nations in Africa and Asia have estab- biological weapons attack in Mexico in Armed with the knowledge, however, lished only rudimentary systems, if the expectation that the epidemic that a biological weapons attack has in any at all, for disease surveillance, re- would quickly spread to the United fact occurred, doctors and nurses can sponse, and prevention. The World States. A rogue state might experi- examine their patients in a different Health Organization reports that more ment with new disease strains in an- light and, in many cases, effectively than sixty percent of laboratory equip- other country, intending later to retreat infected individuals. ment in developing countries is either lease them here. A biological weapons Disease surveillance, a comprehen- outdated or nonfunctioning. threat need not begin in the United sive reporting system to quickly iden- This lack of preparedness can lead to States to reach our shores. tify and communicate abnormal pat- tragic results. In August 1994 in Surat, For that reason, our response to the terns of symptoms and illnesses, can a city in western India, a surge of com- biological weapons threat cannot be quickly alert doctors across a region plaints on flea infestation and a grow- limited to the United States alone. that a suspicious disease outbreak has ing rat population was followed by a Global disease surveillance, a system- occurred. Epidemiological specialists cluster of reports on patients exhib- atic approach to tracking disease out- can then investigate and combat the iting the symptoms of pneumonic breaks as they occur and evolve around outbreak. And if it is a new disease or plague. However, authorities were un- the world, is essential to any real strain, we can begin to develop treat- able to connect the dots until the international response. ments that much earlier. plague had spread to seven states This country is making enormous ad- A good surveillance system requires across India, ultimately killing 56 peo- vances on the domestic front in bioter- trained epidemiological personnel, ade- ple and costing the Indian economy rorism defense. Mr. President, $3 bil- quate laboratory tools for quick diag- $600 million. Had the Indian authorities lion has been appropriated for this pur- nosis, and communications equipment employed better surveillance tools, pose in FY 2002, including $1.1 billion to circulate information. Even in the they may well have contained the epi- to improve State and local public United States today, many states and demic, limited the loss of life, and health infrastructure. Delaware’s share localities rely on old-fashioned pencil surely avoided the panic that led to will include $6.7 million from the Cen- and paper methods of tracking disease economically disastrous embargoes on ters for Disease Control and Prevention patterns. Thankfully, we are address- trade and travel. An outbreak of pneu- to improve the public health infra- ing those domestic deficiencies monic plague in India this February structure and $548,000 to improve hos- through the new bioterrorism law and was detected more quickly and con- pital readiness in my State. substantially increased appropriations. tained with only a few deaths—and no Earlier this year, the President For example, in Delaware, we are de- costly panic. signed into law a comprehensive bio- veloping the first, comprehensive, terrorism bill drafted last fall fol- state-wide electronic reporting system Developing nations are the weak lowing the anthrax attacks via the for infectious diseases. This system links in any comprehensive global dis- U.S. postal system. Those attacks, will be used as a prototype for other ease surveillance network. Unless we which killed five individuals and in- states, and will enable much earlier de- take action to shore up their capabili- fected more than 20 people, highlighted tection of infectious disease outbreaks, ties to detect and contain disease out- our domestic vulnerabilities to a bio- both natural and bioterrorist. My con- breaks, we leave the entire world vul- logical weapons attack. We need to fur- gressional colleagues from Delaware nerable to a deliberate biological weap- ther strengthen our nation’s public and I have been working for over 2 ons attack or a virulent natural epi- health system, improve federal public years to get this project up and run- demic. health laboratories, and fund the nec- ning, and we were successful in obtain- It is for these reasons that Senator essary research and procurement for ing $2.6 million in funding for this HELMS and I have worked together to vaccines and treatments to respond project over the past 2 years. I and my craft the Global Pathogen Surveillance better to future bioterrorist attacks. colleagues have requested $1.4 million Act of 2002. This bill authorizes $150 As an original cosponsor of the ‘‘Ken- for additional funding in FY 2003, and million in FY 2003 and FY 2004 to nedy-Frist’’ bill in the Senate, I know we are extremely optimistic that this strengthen the disease surveillance ca- the implementation of this new law funding will be forthcoming. pabilities of developing nations. First, will help achieve many of those objec- It is vitally important that we ex- the bill seeks to ensure in developing tives. tend these initiatives into the inter- nations a greater number of personnel Nevertheless, any effective response national arena. However, as many de- trained in basic epidemiological tech- to the challenge of biological weapons veloping countries are way behind us in niques. It offers enhanced in-country must also have an international com- terms of public health resources, lab- training for medical and laboratory ponent. Limiting our response to U.S. oratories, personnel, and communica- personnel and the opportunity for se- territory would be shortsighted and tions, these countries will need help lect personnel to come to the United doomed to failure. A dangerous patho- just to get to the starting point we States to receive training in our Cen- gen released on another continent can have already reached in this country. ters for Disease Control laboratories quickly spread to the United States in An effective disease surveillance sys- and Master of Public Health programs a matter of days, if not hours. This is tem is beneficial even in the absence of in American universities. the dark side of globalization. Inter- biological weapons attacks. Bubonic Second, the bill provides assistance national trade, travel, and migration plague is bubonic plague, whether it is to developing nations to acquire basic patterns offer unlimited opportunities deliberately engineered or naturally laboratory equipment, including items for pathogens to spread across national occurring. Just as disease surveillance as mundane as microscopes, to facili- borders and to move from one con- can help contain a biological weapons tate the quick diagnosis of pathogens. tinent to another. Moreover, an over- attack, it can also help contain a natu- Third, the bill enables developing na- seas epidemic could give us our first rally occurring outbreak of infectious tions to obtain communications equip- warning of a new disease strain that disease. According to the World Health ment and information technology to

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00207 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8024 CONGRESSIONAL RECORD — SENATE August 1, 2002 quickly transmit data on disease pat- pathogen surveillance networks to ap- developing countries to conduct patho- terns and pathogen diagnoses, both in- propriately respond to local conditions. gen surveillance and monitoring. side a nation and to regional organiza- In the United States and other ad- This legislation authorizes the Presi- tions and the WHO. Again, we are not vanced industrial nations, disease sur- dent a total of $150 million dollars over talking about fancy high-tech equip- veillance may well operate most effi- the next 2 years to fund pathogen sur- ment, but basics like fax machines and ciently through Internet-based commu- veillance and response activities Internet-equipped computers. nications. In some developing coun- through the Department of State, in Finally, the bill gives preference to tries, however, the cost of introducing consultation with the Department of countries that agree to let experts new Internet links and computer equip- Health and Human Services and the from the United States or inter- ment may be prohibitive. In those Department of Defense. Several provi- national organizations promptly inves- cases, leveraging existing telephone- sions are designed to address shortfalls tigate any suspicious disease out- based networks may prove a more cost- in public health education and train- breaks. effective method in quickly relaying ing, including short-term public health If this bill becomes law, the Global information such as patient reports. training courses in epidemiology for Pathogen Surveillance Act of 2002 will Under certain conditions, mobile public health professionals from eligi- go a long way in ensuring that devel- phones may even prove a reliable tool. ble developing countries. The President oping nations acquire the basic disease The managers’ amendment will provide is authorized to provide assistance for the purchase and maintenance of pub- surveillance capabilities to link up ef- for such flexibility. fectively with the WHO’s global net- In conclusion, the fundamental lic health laboratory and communica- work. This bill offers an inexpensive premise of the Global Pathogen Sur- tions equipment. In addition, the heads and common sense solution to a prob- veillance Act of 2002 is that we cannot of appropriate Federal agencies are authorized to make available a greater lem of global proportions—the dual leave the rest of the world to fend for number of U.S. government public threat of biological weapons and natu- itself in combating biological weapons health personnel U.S. missions abroad, rally occurring infectious diseases. The and infectious diseases if we are to en- international health organizations, and funding authorized is only a tiny frac- sure America’s security. Indeed, this regional health networks. tion of what we will spend domestically bill can serve as a key contribution to All of the provisions of S. 2487 are di- on bioterrorism defenses, but this in- strengthening our homeland security. I rected towards enabling developing vestment will pay enormous dividends urge the Senate to pass S. 2487 and the countries to acquire basic disease sur- in terms of our national security. related managers’ amendment today. veillance and monitoring capabilities ∑ In addition Senator HELMS and I have Mr. HELMS. Mr. President, the an- to effectively contribute to commu- introduced a managers’ amendment, thrax attacks against the Senate and nity, local, regional, and global sur- which I expect will be adopted. This the news media this past fall demanded veillance networks. amendment, drafted in response to spe- that we recognize how vulnerable In order to ensure that the United cific suggestions by executive branch America is to bioterroism. The mur- States has all of the requisite tools at departments and agencies as well as derous and cowardly perpetrators of its disposal to protect U.S. civilians nongovernmental organizations, ad- this terrorism must be brought to jus- and military personnel against inten- dresses two important objectives. tice, but we must also prepare our- tional or naturally occurring disease First, it ensures that priority in the selves for other attacks in the future. outbreaks, priority for assistance provision of assistance to developing I am proud to have worked with Sen- under S. 2487 will be for countries that countries under the authority of this ator BIDEN in co-authoring the Global provide early notification of disease bill will be given those nations which Pathogen Surveillance Act of 2002, S. outbreaks and pathogen surveillance agree to provide early notification of 2487, and I am pleased that a bipartisan data to appropriate U.S. departments disease outbreaks. In the past, too effort has led to its consideration and agencies. There is a critical need many nations have sought to limit the today. for transparency and information shar- release of information on disease out- This bill recognizes that bioterrorism ing of pathogen surveillance data so breaks out of fear for the likely impact is a transnational threat and that the that the United States can utilize a on their trade and tourism. In today’s defense of the U.S. homeland is not an comprehensive toolkit to combat bio- world, where an epidemic could be the isolated activity. Rather, our home- terrorism. It is my expectation that de- first signs of a biological weapons at- land defense requires a comprehensive veloping countries receiving assistance tack, that type of reticence by national international strategy. A recent Na- under this Act will make a steadfast governments is simply unacceptable. tional Intelligence Estimate concluded commitment to improving their patho- The amendment also stipulates that that the prospect of a bioterrorist at- gen surveillance and monitoring ef- priority in assistance under this bill be tack against U.S. civilian and military forts. assigned to those countries which personnel will continue to grow as I am particularly proud of the provi- agree to share with the United States states and terrorist groups continue to sions of S. 2487 that address the glaring data collected through its pathogen acquire biological warfare capabilities. need for syndrome surveillance—the re- suveillance networks. Our epidemiolog- This same report warns that emerging cording of symptoms (patient com- ical experts at the Centers for Disease and reemerging infectious diseases that plaints) and signs (derived from phys- Control and other U.S. departments originate overseas threaten Americans ical examination) combined with sim- and agencies are among the best in the not only here in the United States, but ple geographic locators—to track the world in analyzing such data. We also our military personnel stationed emergence of a disease in a population. should strive to create an international overseas participating in humanitarian Provisions on syndrome surveillance framework where multilateral organi- and peacekeeping operations. address the need to narrow the existing zations, national governments, and On September 5, 2001, the Senate For- technology gap in syndrome surveil- even private groups can examine eign Relations Committee held a hear- lance capabilities and real-time infor- aggregrate data on disease characteris- ing on ‘‘The Threat of Bioterrorism mation dissemination to public health tics and symptom reports to help de- and the Spread of Infectious Diseases.’’ officials. Current disease reporting is tect emerging patterns and provide The compelling testimony of several paper-based and ineffective in trans- early warning on alarming develop- expert witnesses, along with the assess- mitting important information to pub- ments. In short, the more information ments of the intelligence community, lic health officials in developing coun- shared under pathogen surveillance, prompted Senator BIDEN and I to un- tries where one doctor often cares for the better protected the world is dertake this important legislation with hundreds of patients. Thus, S. 2487 au- against surprise bioterrorist attacks the goal of combating bioterrorism, thorizes the President to provide as- and rapid natural epidemics. and ultimately enhancing U.S. na- sistance to eligible developing coun- Second, the managers’ amendment tional security. In order to enhance tries to purchase simple computer makes the necessary changes to take U.S. efforts to combat bioterrorism, it technology, including touch-screens into account the need for the quick is critical that we address the glaring and low-speed Internet connections for transmission of data collected through gap that exists in the capabilities of use by physicians in health clinics.

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00208 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 1, 2002 CONGRESSIONAL RECORD — SENATE S8025 Let me close with the astute words of ENCOURAGING THE PEACE ing political settlement to Sri Lanka’s eth- Dr. Alan P. Zelicoff, Senior Scientist, PROCESS IN SRI LANKA nic conflict while respecting the territorial integrity of Sri Lanka; Sandia National Laboratory, as stated Mr. REID. Mr. President, I ask unan- during his testimony before the For- (5) denounces all political violence and imous consent that the Senate proceed acts of terrorism in Sri Lanka, and calls eign Relations Committee in a March to the consideration of Calendar No. upon those who espouse or use such methods 2002, on the threat posed by chemical 516, S. Res. 300. to reject these methods and to embrace dia- and biological weapons. Dr. Zelicoff The PRESIDING OFFICER. The logue, democratic norms, and the peaceful has spent a considerable amount of his clerk will report the resolution by resolution of disputes; distinguished career developing tech- title. (6) applauds the important role played by nology and solutions to assist the med- The legislative clerk read as follows: Norway in facilitating the peace process be- ical and public health communities A resolution (S. Res. 300) encouraging the tween the Government of Sri Lanka and the identify natural and deliberate disease peace process in Sri Lanka. Liberation Tigers of Tamil Eelam; outbreaks. According to Dr. Zelicoff, There being no objection, the Senate (7) applauds the cooperation of the Govern- proceeded to consider the resolution, ment of Sri Lanka and the Liberation Tigers When all is said and done, should would-be which had been reported by the Com- of Tamil Eelam in lifting the cumbersome perpetrators of bioterror know that the ef- travel restrictions that for the last 19 years fects of their attack would be blunted if not mittee on Foreign Relations with an amendment and amendments to the have hampered the movement of goods, serv- eliminated, they might well re-think their ices, and people in the war-affected areas; strategy in the first place. A multi-national preamble, as follows: [Omit the part enclosed by boldface (8) applauds the agreement of the Govern- cadre of clinicians and nurses, exchanging ment of Sri Lanka and the Liberation Tigers up-to-the-minute information is our single brackets and insert the part printed in of Tamil Eelam in implementing the Sri best defense, and we have the resource— italic.] Lanka Monitoring Mission; now—to so equip them. All that is required Whereas the United States has enjoyed a (9) calls on all parties to recognize that ad- is a policy shift emphasizing and strength- long and cordial friendship with Sri Lanka; herence to internationally recognized human ø ening this lynchpin capability. Whereas the people of Sri Lanka have rights facilitates the building of trust nec- long valued political pluralism, religious essary for an equitable, sustainable peace; While we are supportive of the public freedom, democracy, and a respect for health benefits of this Act, we should (10) further encourages both parties to de- human rights; velop a comprehensive and effective process not lose sight of the intent of this leg- øWhereas the Government of Sri Lanka for human rights monitoring; islation—to combat bioterrorism and and the Liberation Tigers of Tamil Eelam (11) states its willingness in principle to have waged a protracted and costly war for enhance U.S. national security. I look see the United States lend its good offices to the past 19 years; forward to working with the Bush ad- play a constructive role in supporting the Whereas for the past 19 years, the Govern- ministration and members of Congress peace process, if so desired by all parties to ment of Sri Landa has fought a protracted to secure funding for these invaluable the conflict; and costly war against the Liberation Tigers (12) calls on members of the international activities directed towards global of Tamil Eelam, a group labeled as a foreign community to use their good offices to sup- pathogen surveillance and moni- terrorist organization by the Department of toring.∑ State; port the peace process and, as appropriate, Mr. REID. Mr. President, I ask unan- Whereas an estimated 65,000 people have lend assistance to the reconstruction of war- died in Sri Lanka as a result of these hos- damaged areas of Sri Lanka and to reconcili- imous consent that the Biden amend- ation among all parties to the conflict; and ment at the desk be agreed to; that the tilities; Whereas the war has created an estimated (13) calls on members of the international bill, as amended, be read a third time community to ensure that any assistance to and passed; that the motion to recon- 1,000,000 displaced persons over the course of the conflict; Sri Lanka will be framed in the context of sider be laid upon the table; and that Whereas 19 years of war have crippled the supporting the ongoing peace process and any statement relating to the bill be economy of the north and east of Sri Lanka will avoid exacerbating existing ethnic ten- printed in the RECORD. and resulted in low growth rates and eco- sions. The PRESIDING OFFICER. Without nomic instability in the south of Sri Lanka; Mr. REID. Mr. President, I ask unan- objection, it is so ordered. Whereas the economic impact of the con- imous consent that the committee The amendment (No. 4468) was agreed flict is felt most severely by the poor in both amendment to the resolution be agreed to, as follows: the north and the south of Sri Lanka; to; that the resolution, as amended, be Whereas efforts to solve the conflict agreed to; that the amendments to the AMENDMENT NO. 4468 through military means have failed and nei- preamble be agreed to; that the pre- On page 3, line 1, insert ‘‘, including data ther side appears able to impose its will on amble, as amended, be agreed to; that sharing with appropriate United States de- the other by force of arms; the motions to reconsider be laid upon partments and agencies,’’ after ‘‘countries’’. Whereas the Government of Norway has offered and been accepted by the parties of the the table, en bloc, with no further in- On page 5, strike lines 9 through 14, and intervening action or debate; and that sert the following: conflict to play the role of international (1) To enhance the capability and coopera- facilitator; any statement relating to the resolution of the international community, includ- Whereas an agreement on a cease–fire be- tion be printed in the RECORD. ing the World Health Organization and indi- tween the Government of Sri Lanka and the The PRESIDING OFFICER. Without vidual countries, through enhanced pathogen Liberation Tigers of Tamil Eelam was signed objection, it is so ordered. surveillance and appropriate data sharing, to by both parties and went into effect Feb- The committee amendment was detect, identify, and contain infectious dis- ruary 23, 2002; and agreed to. ease outbreaks, whether the cause of those Whereas both the Government of Sri The resolution (S. Res. 300), as outbreaks is intentional human action or Lanka and the Liberation Tigers of Tamil amended, was agreed to. natural in origin. Eelam øhave agreed¿ are now in the process of The amendments to the preamble On page 5, line 17, insert ‘‘, and other elec- agreeing to meet for peace talks in Thailand: were agreed to. tronic’’ after ‘‘Internet-based’’. Now, therefore, be it The preamble, as amended, was On page 6, line 5, strike ‘‘including’’ and all Resolved, That the Senate— (1) notes with great satisfaction the warm agreed to. that follows through ‘‘mechanisms,’’ on line (The resolution, as amended, with its 7, and insert the following: ‘‘including, as ap- and friendly relations that have existed be- propriate, relevant computer equipment, tween the people of the United States and preamble, as amended, will be printed Internet connectivity mechanisms, and tele- Sri Lanka; in a future edition of the RECORD.) phone-based applications,’’. (2) recognizes that the costly military f On page 9, line 15, insert before the period stalemate that has existed between the Gov- the following: ‘‘, provide early notification of ernment of Sri Lanka and the Liberation Ti- gers of Tamil Eelam øcan only¿ should be re- DEPARTMENT OF VETERANS AF- disease outbreaks, and provide pathogen sur- FAIRS EMERGENCY PREPARED- veillance data to appropriate United States solved at the negotiating table; departments and agencies’’. (3) believes that a political solution, in- NESS RESEARCH, EDUCATION, On page 17, line 12, insert ‘‘(and informa- cluding appropriate constitutional struc- AND BIO-TERRORISM PREVEN- tion technology)’’ after ‘‘Equipment’’. tures and adequate protection of minority TION ACT OF 2002 rights and cessation of violence, is the path The bill (S. 2487), as amended, was to a comprehensive and lasting peace in Sri Mr. REID. Mr. President, I ask unan- read the third time and passed. Lanka; imous consent that the Veterans Af- (The bill will be printed in a future (4) calls on all parties to negotiate in good fairs Committee be discharged from edition of the RECORD.) faith with a view to finding a just and last- further consideration of H.R. 3253 and

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00209 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8026 CONGRESSIONAL RECORD — SENATE August 1, 2002 the Senate proceed to its immediate enormous contribution to public safety REORGANIZATION OF VA PREPAREDNESS consideration. and emergency preparedness. In 1982, FUNCTIONS The PRESIDING OFFICER. The Congress charged VA to care for active Increases the number of authorized assist- clerk will report the bill by title. duty military casualties during a con- ant secretaries from six to seven, and adds The legislative clerk read as follows: flict or disaster. Since then, VA has ‘‘operations, preparedness, security, and law enforcement’’ to their authorized functions. A bill (H.R. 3253) to amend title 38, United taken a much larger share of the Fed- Increases the number of authorized deputy States Code, to provide for the establishment eral responsibility for public health assistant secretaries from 18 to 20. within the Department of Veterans Affairs of during emergencies, supporting mass AUTHORIZING VA TO PROVIDE MEDICAL CARE improved emergency medical preparedness, care as part of the Federal Response DURING DISASTERS research, and education programs to combat Plan for disasters and serving as a cor- Authorizes VA to furnish medical care to terrorism, and for other purposes. nerstone of the National Disaster Med- individuals—regardless of enrollment sta- There being no objection, the Senate ical System. tus—affected by a major disaster or presi- proceeded to consider the bill. VA has responded to every major do- dentially declared emergency, or following Mr. ROCKEFELLER. Mr. President, mestic disaster of the last two decades activation of the National Disaster Medical as Chairman of the Committee on Vet- with personnel, supplies and medica- System. erans Affairs, I urge the Senate to pass Allows VA to provide care to individuals tions, facilities, and—when necessary— affected by disasters before any other group this legislation that would help VA— direct patient care for overwhelmed except service-connected veterans and ac- and our entire Nation—prepare for the communities. VA health care providers tive-duty military casualties, and would potential medical consequences of an- who care for disaster victims serve not allow VA to be reimbursed for care provided other terrorist attack. only as part of the Federal response to to employees of other Federal agencies. As Congress seeks ways to avert the emergencies, but as part of the commu- VA NONPROFIT RESEARCH CORPORATION threats posed by biological, chemical, nities in which they live. The com- ACTIVITIES radiological, and other potential ter- mittee bill would acknowledge VA’s Authorizes VA to contract with VA non- rorist weapons, we must make certain emergency response missions by au- profit research corporations in order to con- that we use our existing national re- thorizing VA to provide medical treat- duct VA-approved research, training, or education. sources as efficiently as possible. I ment for individuals affected by or re- Allows employees of nonprofit VA research thank Ranking Member SPECTER and sponding to disasters. and education corporations assigned to ap- his staff for their efforts in helping to The committee bill also makes proved VA research, education, or training ensure that VA—the Nation’s largest changes in law affecting VA’s nonprofit projects to be considered VA employees for integrated healthcare system—is pre- research corporations. The first allows purposes of Federal Tort Claims Act. pared for the role that it can and must employees of nonprofit VA research Removes the sunset date of December 31, play during emergencies. and education corporations assigned to 2003, currently established in 38 USCS § 7638, The pending measure is an omnibus approved VA research, education, or for authority to establish nonprofit VA retraining projects to be considered VA search and education corporations. bill that would improve VA’s ability to Mr. REID. Mr. President, I under- employees for purposes of the Federal fulfill its responsibilities to veterans, stand Senator ROCKEFELLER has a sub- Tort Claims Act. The other provision its staff, and communities during dis- stitute amendment at the desk which clarifies that VA Medical Centers may asters, and would also address VA non- is the text of S. 2132 and has been re- enter into contracts or other forms of profit research corporation activities. ported by the Veterans Subcommittee. agreements with nonprofit research ‘‘The Department of Veterans Affairs I ask unanimous consent that the sub- corporations to provide services to fa- Emergency Preparedness Act,’’ as re- stitute amendment be agreed to, the ported, which I will refer to as the cilitate VA-approved research and education projects. These changes would bill, as amended, be read three times, ‘‘Committee bill,’’ acknowledges VA’s passed, the motion to reconsider be role in offering health care and support further VA’s research and education missions. laid on the table; that the title amend- to individuals affected by disasters, ment be agreed to; and that any state- and would give VA staff the tools that In conclusion, I urge my colleagues to support these research and emer- ments relating thereto be printed in they need to continue serving veterans the RECORD, with no intervening action during emergencies. gency preparedness enhancements for VA. This bipartisan commitment to or debate. The committee bill would establish The PRESIDING OFFICER. Without four medical emergency preparedness our Nation’s veterans and VA represents a small investment with poten- objection, it is so ordered. research centers within the Depart- The amendment (No. 4469) was agreed ment of Veterans Affairs health care tially enormous rewards. I ask unanimous consent that a sum- to. system. VA researchers possess exper- (The text of the amendment is print- mary of the bill be printed in the tise in the long-term health con- ed in today’s RECORD under ‘‘Text of sequences of biological, chemical, and RECORD. There being no objection, the mate- Amendments.’’) radiological exposures, and sustain an The bill (H.R. 3253), as amended, was rial was ordered to be printed in the unparalleled clinical management re- read the third time and passed. RECORD, as follows: search program. The centers author- (The bill will be printed in a future SUMAMRY OF S. 2132: THE DEPARTMENT OF ized by this legislation would make the edition of the RECORD.) VETERANS AFFAIRS EMERGENCY PREPARED- The title amendment (No. 4470) was most of these resources to learn how NESS ACT OF 2002 agreed to, as follows: best to manage—or prevent—the mass MEDICAL EMERGENCY PREPAREDNESS CENTERS ‘‘A Bill to amend title 38, United States casualties that might arise from the IN THE VETERANS HEALTH ADMINISTRATION Code, to enhance the emergency prepared- use of terrorist weapons. Authorizes VA to establish four centers for ness of the Department of Veterans Affairs, The committee bill also includes pro- medical emergency preparedness within ex- and for other purposes.’’. visions requested by the Administra- isting VA medical centers. tion that would create an office, di- Directs centers to carry out research on f rected by an Assistant Secretary, to the medical management of injuries or ill- EXECUTIVE SESSION coordinate preparedness strategies nesses arising from the use of chemical, biological, radiological, or incendiary or other within VA and with other Federal, explosive weapons or devices in coordination State, and local agencies. I strongly be- DELIMITATION OF A MARITIME with national strategies for homeland secu- BOUNDARY BETWEEN THE GOV- lieve that this new office represents an rity. essential step in helping VA improve Allows centers to provide medical con- ERNMENT OF THE UNITED emergency preparedness while main- sequence management education and train- STATES AND THE GOVERNMENT taining its primary mission of caring ing to VA health care professionals, and to OF NIUE—TREATY DOCUMENT for the Nation’s veterans. non-VA providers at the Secretary’s discre- NO. 105–53 tion. Another emergency preparedness pro- Authorizes VA to provide laboratory, epi- Mr. REID. Mr. President, I ask unan- vision within the committee bill would demiological, medical, or other assistance to imous consent that the Senate proceed create no new responsibilities or mis- Federal, State, and local health care entities to executive session to consider Execu- sions for VA, but would authorize VA’s by request during a national emergency. tive Calendar No. 5, treaty with Niue;

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00210 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 1, 2002 CONGRESSIONAL RECORD — SENATE S8027 that the protocol be considered as hav- Before the Chair rules, I reply to my FEDERAL EMERGENCY MANAGEMENT AGENCY ing advanced through its parliamen- friend, the assistant Republican leader, Michael D. Brown, of Colorado, to be Dep- tary stages up to and including the we read off a bunch of names, but these uty Director of the Federal Emergency Man- presentation of the resolution of ratifi- are people who have been waiting, agement Agency. cation; and that the Senate now vote some for a long time. Even though we DEPARTMENT OF STATE on the resolution of ratification. did not read off all the names, this is Michael Klosson, of Maryland, a Career The PRESIDING OFFICER. Without very important, and these names refer Member of the Senior Foreign Service, Class objection, it is so ordered. to people who will play an important of Minister-Counselor, to be Ambassador Ex- The treaty will be considered to have part in running our country. traordinary and Plenipotentiary of the passed through its various parliamen- The PRESIDING OFFICER. Is there United States of America to the Republic of objection? Cyprus. tary stages up to and including the Randolph Bell, of Virginia, a Career Mem- presentation of the resolution of ratifi- Without objection, it is so ordered. The nominations considered con- ber of the Senior Foreign Service, Class of cation. firmed en bloc are as follows: Minister-Counselor, for the rank of Ambas- Mr. REID. I ask for a division vote. sador during his tenure of service as Special The PRESIDING OFFICER. A divi- DEPARTMENT OF STATE Envoy for Holocaust Issues. David A. Gross, of Maryland, for the rank sion has been requested. EUROPEAN BANK FOR RECONSTRUCTION AND of Ambassador during his tenure of service DEVELOPMENT Senators in favor of the resolution of as Deputy Assistant Secretary of State for ratification will rise and stand until International Communications and Informa- Mark Sullivan, of Maryland, to the United counted. tion Policy in the Bureau of Economic and States Director of the European Bank for (After a pause.) Those opposed will Business Affairs and U.S. Coordinator for Reconstruction and Development. rise and stand until counted. International Communications and Informa- ASIAN DEVELOPMENT BANK On a division, two-thirds of the Sen- tion Policy. Paul William Speltz, of Texas, to be United Jack C. Chow, of Pennsylvania, for the States Director of the Asian Development ators present having voted in the af- rank of Ambassador during his tenure of firmative, the resolution of ratifica- service as Special Representative of the Sec- Bank, with the rank of Ambassador. tion, with its reservation, was agreed retary of State for HIV/AIDS. BROADCASTING BOARD OF GOVERNORS to, as follows: Paula A. DeSutter, of Virginia, to be an Kenneth Y. Tomlinson, of Virginia, to be a Resolved (two-thirds of the Senators present Assistant Secretary of State (Verification Member of the Broadcasting Board of Gov- concurring therein), and Compliance). ernors for a term expiring August 13, 2004. That the Senate advise and concent to the Stephen Geoffrey Rademaker, of Delaware, Kenneth Y. Tomlinson, of Virginia, to be ratification of the Treaty Between the Gov- to be an Assistant Secretary of State (Arms Chairman of the Broadcasting Board of Gov- ernment of the United States of America and Control). ernors. Michael Alan Guhin, of Maryland, a Career the Government of Niue on the Delimitation Norman J. Pattiz, of California, to be a Member of the Senior Executive Service, for of a Maritime Boundary, signed in Wel- Member of the Broadcasting Board of Gov- lington on May 13, 1997 (Treaty Doc. 105–53). the Rank of Ambassador during tenure of service as U.S. Fissile Material Negotiator. ernors for a term expiring August 13, 2004. Mr. NICKLES. Mr. President, if the Tony P. Hall, of Ohio, for the rank of Am- (Reappointment) Senator will yield, I say to my good bassador during his tenure of service as ENVIRONMENTAL PROTECTION AGENCY friend that it is a unanimous vote in United States Representative to the United John Peter Suarez, of New Jersey, to be an the Senate on this treaty. Nations Agencies for Food and Agriculture. Assistant Administrator of the Environ- Mr. REID. One of the few we have had COMMODITY FUTURES TRADING COMMISSION mental Protection Agency. lately. Sharon Brown-Hruska, of Virginia, to be a CHEMICAL SAFETY AND HAZARD INVESTIGATION I ask unanimous consent that any Commissioner of the Commodity Futures BOARD Trading Commission for the remainder of the statements be printed in the RECORD. Carolyn W. Merritt, of Illinois, to be a term expiring April 13, 2004. The PRESIDING OFFICER. Without Walter Lukken, of Indiana, to be a Com- Member of the Chemical Safety and Hazard objection, it is so ordered. missioner of the Commodity Futures Trad- Investigation Board for a term of five years. Mr. REID. Mr. President, as I indi- ing Commission for a term expiring April 13, John S. Bresland, of New Jersey, to be a cated earlier, when we read off all the 2005. Member of the Chemical Safety and Hazard Investigation Board for a term of five years. bills that have passed, we have a large FARM CREDIT ADMINISTRATION number of nominations. These have Douglas L. Flory, of Virginia, to be a Mem- DEPARTMENT OF STATE been cleared, and everyone is grateful. ber of the Farm Credit Administration James Howard Yellin, of Pennsylvania, a I am sure the people who are being ap- Board, Farm Credit Administration, for a Career Member of the Senior Foreign Serv- proved are even more so. This is some- term expiring October 13, 2006. ice, Class of Counselor, to be Ambassador Ex- NUCLEAR REGULATORY COMMISSION traordinary and Plenipotentiary of the thing I wish we could have done ear- United States of America to the Republic of lier, but things did not work out that Jeffrey S. Merrifield, of New Hampshire, to be a Member of the Nuclear Regulatory Com- Burundi. way. mission for the term of five years expiring Kristie Anne Kenney, of Maryland, a Ca- f June 30, 2007. (Reappointment) reer Member of the Senior Foreign Service, Class of Minister-Counselor, to be Ambas- EXECUTIVE OFFICE OF THE PRESIDENT EXECUTIVE SESSION sador Extraordinary and Plenipotentiary of Kathie L. Olsen, of Oregon, to be an Asso- the United States of America to the Republic ciate Director of the Office of Science and of Ecuador. EXECUTIVE CALENDAR Technology Policy. Richard M. Russell, of Virginia, to be an Barbara Calandra Moore, of Maryland, a Mr. REID. I ask unanimous consent Associate Director of the Office of Science Career Member of the Senior Foreign Serv- that the Senate proceed to executive and Technology Policy. ice, Class of Minister-Counselor, to be Am- bassador Extraordinary and Plenipotentiary session to consider the following nomi- NATIONAL AERONAUTICS AND SPACE of the United States of America to the Re- ADMINISTRATION nations: Executive Calendar Nos. 846, public of Nicaragua. 847, 848, 849, 850, 876, 906, 907, 908, 909, Frederick D. Gregory, of Maryland, to be John William Blaney, of Virginia, a Career 923, 924, 925, 927, 928, 929, 930, 937, 938, Deputy Administrator of the National Aero- Member of the Senior Foreign Service, Class 939, 940, 941, 942, 943, 944, 945, 946, 947, nautics and Space Administration. of Minister-Counselor, to be Ambassador Ex- 948, 949, 950, 951, 957, 964, 965, 966, 967, FEDERAL MARITIME COMMISSION traordinary and Plenipotentiary of the 968, 970, 971, 972, 973, 974, 999, 1002, 1003. Steven Robert Blust, of Florida, to be a United States of America to the Republic of I ask unanimous consent that the Federal Maritime Commissioner for a term Liberia. nominations be confirmed, the motions expiring June 30, 2006. Larry Leon Palmer, of Georgia, a Career THE JUDICIARY Member of the Senior Foreign Service, Class to reconsider be laid on the table, the of Counselor, to be Ambassador Extraor- President be immediately notified of James E. Boasberg, of the District of Co- lumbia, to be an Associate Judge of the Su- dinary and Plenipotentiary of the United the Senate’s action, any statements be perior Court of the District of Columbia for States of America to the Republic of Hon- printed in the RECORD, and that the the term of fifteen years. duras. Senate now return to legislative ses- EXECUTIVE OFFICE OF THE PRESIDENT DEPARTMENT OF JUSTICE sion, with the preceding all occurring Mark W. Everson, of Texas, to be Deputy J. B. Van Hollen, of Wisconsin, to be without any intervening action or de- Director for Management, Office of Manage- United States Attorney for the Western Dis- bate. ment and Budget. trict of Wisconsin for the term of four years.

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00211 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8028 CONGRESSIONAL RECORD — SENATE August 1, 2002 Charles E. Beach, Sr., of Iowa, to be United standing nominees who will still be these men and women who certainly, States Marshal for the Southern District of held in limbo in the confirmation proc- with rare exception, are qualified for Iowa for the term of four years. ess throughout August and maybe well the appointments they have been Peter A. Lawrence, of New York, to be into September. I find that regrettable. given. United States Marshal for the Western Dis- trict of New York for the term of four years. There is no reason in the world not to Mr. NICKLES. Mr. President, I thank Richard Vaughn Mecum, of Georgia, to be move more of these nominees. I am ap- my friend and colleague. I understand United States Marshal for the Northern Dis- preciative of the many we have con- that maybe he is not the source of trict of Georgia for the term of four years. firmed. I have not totaled the number, some of the remaining holds. We are Burton Stallwood, of Rhode Island, to be but it is a significant number. Still, confirming a large number of people, United States Marshal for the District of there will be several very well qualified well qualified people, at long last. That Rhode Island for the term of four years. individuals who, for no reason what- is good. There still remain some out- DEPARTMENT OF DEFENSE ever, are not being confirmed to this standing nominees; I think about 30. Vinicio E. Madrigal, of Louisiana, to be a date. I hope my colleague from Nevada will Member of the Board of Regents of the Uni- I wanted to express my displeasure work with me and Senator DASCHLE formed Services University of the Health and mention that nominee. I could go and Senator LOTT and see if we can Sciences for a term expiring June 20, 2003. clean the rest of the calendar. Histori- L. D. Britt, of Virginia, to be a Member of through the list. I will not do that at the Board of Regents of the Uniformed Serv- this late time. I want my colleague to cally, we try to clean the calendar be- ices University of the Health Sciences for know I am not happy we were not able fore we break, both in August and Oc- the remainder of the term expiring May 1, to confirm Mr. McSlarrow, who was re- tober. I hope we will not wait until the 2005. ported out by the Energy and Natural end, early October, to clean the cal- Linda J. Stierle, of Maryland, to be a Mem- Resources Committee unanimously on endar this time. I hope we will try to ber of the Board of Regents of the Uniformed June 5. He has been waiting almost 2 confirm as many of these nominees as Services University of the Health Sciences months. The Secretary of Energy has early as we can in September, both for for a term expiring May 1, 2007. William C. De La Pena, of California, to be been waiting to get a deputy. Unfortu- the agencies that need the help and the a Member of the Board of Regents of the Uni- nately, he still will not have a deputy expertise and also for them individ- formed Services University of the Health for the next couple of months, at a ually. They should not be held indefi- Sciences for a term expiring June 20, 2007. time when we will mark up an energy nitely. DEFENSE NUCLEAR FACILITIES SAFETY BOARD bill. It is probably the most significant I will work with my colleague, and I John Edward Mansfield, of Virginia, to be piece of energy legislation in decades, would appreciate his assistance to see a Member of the Defense Nuclear Facilities and the Secretary does not have his if we can get some of them through— Safety Board for a term expiring October 18, deputy confirmed. there may be holds on both sides—and 2006. (Reappointment) Mr. REID. Mr. President, it would be see if we can eliminate some of those Nancy J. Powell, of Iowa, a Career Member good if we could approve all of these, and expedite the confirmation process. of the Senior Foreign Service, Class of Min- but problems occur. As I indicated, on Mr. REID. I look forward to that. One ister-Counselor, to be Ambassador Extraor- one of these nominees, I personally thing we need to do: It does not matter dinary and Plenipotentiary of the United if you have a Republican President or a States of America to the Islamic Republic of went to a lot of trouble to find a Sen- Pakistan. ator so we could get that person ap- Democrat President, the problem is the proved. slow process in approving nominees to NATIONAL MEDIATION BOARD This is not a perfect system, but it serve in an administration. It is not Edward J. Fitzmaurice, Jr., of Texas, to be works pretty well and we do the very right that we have to wait months for a Member of the National Mediation Board for a term expiring July 1, 2004. best we can. It is not just holds over a Presidential nomination. Judicial ap- Harry R. Hoglander, of Massachusetts, to here; we have holds over there on peo- pointments are a good example. They be a Member of the National Mediation ple we care about. go step after step after step before we Board for a term expiring July 1, 2005. I worked on the Aging Sub- even get to look at them. We have to f committee; I am still a member of the speed up this process for the good of Aging Subcommittee. One of the high- the country. It is not right that this LEGISLATIVE SESSION est people assigned to me was a man by President is almost halfway through The PRESIDING OFFICER. Under the name of Jonathan Steven his term and still does not have people the previous order, the Senate will now Adelstein. I hoped he would be ap- working for him. It is not all our fault, return to legislative session. proved to serve on the Federal Commu- and it is not all the minority’s fault. Mr. NICKLES. Mr. President, first let nications Commission. We could go tit Much of it is the fault of the system. me thank my friends and colleagues, for tat. But I would tell my friend, the We have to do something to make it a Senator REID and Senator DASCHLE, for Senator from Oklahoma, for whom, ev- system that moves more quickly. finally moving some of these nominees. eryone knows, I have the greatest re- If there were ever something we Some are long overdue. Some are still spect about a trip I had a couple of needed to work on in conjunction with yet to be confirmed. weeks ago to Nevada. I had the wonder- the executive branch of Government, it I will make one mention: Kyle ful opportunity to have three of my would be to establish a blue ribbon McSlarrow, to be Deputy Secretary of grandchildren spend a weekend with panel to figure out a way we could Energy. He worked for us in the Sen- us. My little grandchild just turned 4, speed up this process. It takes a long ate. He is more than qualified. I happen Mitchell. I did not realize his parents time for nominees to be sent to the to know the Secretary of Energy be- had told him to be patient because I Senate. We are running good people cause he used to be a Senator, Spence would want to find out how Tiger away from government, not because Abraham, and he has personally re- Woods was doing in the golf tour- the process is too long, people are be- quested that he be confirmed. He needs nament, and he wanted to watch a leaguered before they even go through a Deputy Secretary of Energy. video. This little boy came into the it. So while I am pleased we were able to room and looked at me with sad eyes I would be happy to work with my confirm a large number of nominees, saying: ‘‘It is so hard to be patient.’’ friend doing what we can to clear up we have some nominees who are now I say to my friend Senator NICKLES, the nominations. I look forward to going to have to wait the entire month it is so hard being patient, but being a that. I also hope the Senator will work of August and well into September to Member of the Senate, you have to be. with me, and maybe we can come up be confirmed. I find that to be unfair. I Even a 4-year-old said that. It cer- with an idea that will make all Presi- wanted to express my pleasure with the tainly applies to what goes on in the dencies a little more in tune with what one we were able to confirm and my Senate. It is hard to be patient, but I is going on, because we have to wait for displeasure with the fact that there are think a lot of people are celebrating to- months and months to get people about 30 people who will still be left on night because these people have al- working in agencies. the calendar, including individuals ready been approved. Mr. NICKLES. If my colleague would such as Kyle McSlarrow to be Deputy I look forward to coming back in the yield, I would be happy to work with Secretary of Energy, and other out- fall and hoping we can confirm more of the Senator. Some legislation has been

VerDate Mar 15 2010 20:08 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00212 Fmt 4637 Sfmt 0634 E:\2002SENATE\S01AU2.PT2 S01AU2 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 1, 2002 CONGRESSIONAL RECORD — SENATE S8029 considered by the Governmental Af- The PRESIDING OFFICER. Without THOMAS DYSON HURLBURT, JR., OF FLORIDA, TO BE UNITED STATES MARSHAL FOR THE MIDDLE DISTRICT fairs Committee on that issue, and objection, it is so ordered. OF FLORIDA FOR THE TERM OF FOUR YEARS, VICE DON maybe we should review that to R. MORELAND, TERM EXPIRED. f CHRISTINA PHARO, OF FLORIDA, TO BE UNITED STATES achieve more fair consideration. MARSHAL FOR THE SOUTHERN DISTRICT OF FLORIDA I spoke earlier tonight about judicial PROGRAM FOR THE TERM OF FOUR YEARS, VICE JAMES A. TASSONE. nominations. We did confirm, I believe, Mr. REID. I announce on behalf of DENNIS ARTHUR WILLIAMSON, OF FLORIDA, TO BE seven or eight judges today. That is UNITED STATES MARSHAL FOR THE NORTHERN DIS- the leader, for the information of the TRICT OF FLORIDA FOR THE TERM OF FOUR YEARS, VICE good. But on circuit court nominees, Senate, that on Tuesday when we re- JAMES W. LOCKLEY, TERM EXPIRED. we have confirmed 13 out of 32; that is JOSEPH R. GUCCIONE, OF NEW YORK, TO BE UNITED turn Senators can expect a rollcall STATES MARSHAL FOR THE SOUTHERN DISTRICT OF 40 percent, 8 of which have been lan- vote at 12:30 on a judicial nomination, NEW YORK FOR THE TERM OF FOUR YEARS, VICE RUS- guishing for over a year, 445 days, I as I indicated in the unanimous con- SELL JOHN QUALLIOTINE. think, since May of last year. Several sent request that the Chair has ap- GOVERNMENT PRINTING OFFICE of those eight are outstanding nomi- proved. BRUCE R. JAMES, OF NEVADA, TO BE PUBLIC PRINTER, nees. One of them, John Roberts, has VICE MICHAEL F. DIMARIO, RESIGNED. argued 37 cases before the Supreme f IN THE AIR FORCE Court. Miguel Estrada has argued 15 ADJOURNMENT UNTIL 9:30 A.M. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- cases before the Supreme Court and TUESDAY, SEPTEMBER 3, 2002 CATED UNDER TITLE 10, U.S.C., SECTION 624: has yet to have a hearing. Another Mr. REID. I now ask unanimous con- To be brigadier general nominee argued 10 cases before the Su- sent that the Senate stand adjourned COL. MARK R. ZAMZOW, 0000 preme Court. Other nominees served on under the provisions of S. Con. Res. 132. district court levels for years, and were THE FOLLOWING NAMED OFFICER FOR APPOINTMENT There being no objection, the Senate, IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- rated very high by the ABA. For fair- CATED UNDER TITLE 10, U.S.C., SECTION 624: at 9:32 p.m., adjourned until Tuesday, ness, we need to treat these individuals September 3, 2002, at 9:30 a.m. To be major general with respect and give them a hearing BRIG. GEN. PETER U. SUTTON, 0000 f before the committee. IN THE NAVY Mr. President, 40 percent on the cir- NOMINATIONS THE FOLLOWING NAMED OFFICER FOR APPOINTMENT cuit court level is not satisfactory. I IN THE UNITED STATES NAVY TO THE GRADE INDICATED just mention that; I am not trying to Executive nominations received by WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND pick a fight. I would just like to see the Senate August 1, 2002: RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: that we let circuit court nominees have THE JUDICIARY To be vice admiral consideration. They should not have to CHARLES E. ERDMANN, OF COLORADO, TO BE A JUDGE REAR ADM. KEVIN P. GREEN, 0000 OF THE UNITED STATES COURT OF APPEALS FOR THE languish for over a year after the nomi- ARMED FORCES FOR THE TERM OF FIFTEEN YEARS TO THE FOLLOWING NAMED OFFICER FOR APPOINT- nation to have a hearing. EXPIRE ON THE DATE PRESCRIBED BY LAW, VICE EU- MENT AS DEPUTY JUDGE ADVOCATE GENERAL I might mention, two of the eight GENE R. SULLIVAN, TERM EXPIRED. OF THE UNITED STATES NAVY IN THE GRADE have had hearings. Six of the eight DEPARTMENT OF THE TREASURY INDICATED UNDER TITLE 10, U.S.C., SECTION 5149: have not even had a hearing scheduled, WAYNE ABERNATHY, OF COLORADO, TO BE AN ASSIST- ANT SECRETARY OF THE TREASURY, VICE SHEILA C. To be rear admiral and they have waited over a year. BAIR. So I mention that. I appreciate my CAPT. JAMES E. MCPHERSON, 0000 DEPARTMENT OF STATE colleague’s consideration. IN THE ARMY Mr. REID. I think, generally speak- JOSEPH HUGGINS, OF THE DISTRICT OF COLUMBIA, A CAREER MEMBER OF THE SENIOR FOREIGN SERVICE, THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ing, we have to do better. It is too bad CLASS OF COUNSELOR, TO BE AMBASSADOR EXTRAOR- TO THE MEDICAL CORPS IN THE GRADE OF COLONEL IN that someone has had to wait a year. DINARY AND PLENIPOTENTIARY OF THE UNITED STATES THE RESERVE OF THE ARMY UNDER TITLE 10, U.S.C., OF AMERICA TO THE REPUBLIC OF BOTSWANA. SECTIONS 12203, 12204, AND 12207: But during the time when we were try- To be colonel ing to get some judges approved and we BROADCASTING BOARD OF GOVERNORS SETH CROPSEY, OF THE DISTRICT OF COLUMBIA, TO BE RICHARD A. REDD, 0000 were in the minority, we had judges DIRECTOR OF THE INTERNATIONAL BROADCASTING BU- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT REAU, BROADCASTING BOARD OF GOVERNORS. (NEW PO- who waited 4 years. I hope that record TO THE GRADE INDICATED IN THE RESERVE OF THE SITION) is not beaten. ARMY UNDER TITLE 10, U.S.C., SECTION 12203: I would say we have held more hear- UNITED STATES AGENCY FOR INTERNATIONAL To be colonel DEVELOPMENT ings on district and circuit court nomi- MARY C. CASEY, 0000 nees, 78, than in the past 22 years. I WENDY JEAN CHAMBERLIN, OF VIRGINIA, TO BE AN AS- SISTANT ADMINISTRATOR OF THE UNITED STATES THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT have all the statistics here. We need AGENCY FOR INTERNATIONAL DEVELOPMENT, VICE TO THE GRADE INDICATED IN THE UNITED STATES ARMY not go through them. LORI A. FORMAN. AND FOR REGULAR APPOINTMENT (IDENTIFIED BY AN ASTERISK(*)) UNDER TITLE 10, U.S.C., SECTIONS 624 AND We need to try to have a better sys- POSTAL RATE COMMISSION 531: tem. I am happy to work on that, and RUTH Y. GOLDWAY, OF CALIFORNIA, TO BE A COMMIS- To be lieutenant colonel I will be happy to work with my es- SIONER OF THE POSTAL RATE COMMISSION FOR THE TERM EXPIRING NOVEMBER 22, 2008. (REAPPOINTMENT) DAVID P ACEVEDO, 0000 teemed friend, the senior Senator from WILLIAM J ADAMS, 0000 Oklahoma, to do whatever we can to THE JUDICIARY CHARLES T AMES, 0000 MICHAEL G AYCOCK, 0000 work out some of these bumps in the MARK E. FULLER, OF ALABAMA, TO BE UNITED STATES PETER C BARCLAY, 0000 road that exist. DISTRICT JUDGE FOR THE MIDDLE DISTRICT OF ALA- JOHN S BARRINGTON, 0000 BAMA, VICE IRA DEMENT, RETIRED. MICHAEL W BARTLETT JR., 0000 f ROSEMARY M. COLLYER, OF MARYLAND, TO BE UNITED PETER J BEIM, 0000 STATES DISTRICT JUDGE FOR THE DISTRICT OF COLUM- JAMES C BELL, 0000 ORDERS FOR TUESDAY, BIA, VICE THOMAS PENFIELD JACKSON, RETIRED. STEPHEN J BENAVIDES, 0000 ROBERT B. KUGLER, OF NEW JERSEY, TO BE UNITED BURT A BIEBUYCK, 0000 SEPTEMBER 3, 2002 STATES DISTRICT JUDGE FOR THE DISTRICT OF NEW MICHAEL G BIRMINGHAM, 0000 JERSEY, VICE JOSEPH E. IRENAS, RETIRED. KENNETH C BLAKELY, 0000 Mr. REID. I ask unanimous consent JOSE L. LINARES, OF NEW JERSEY, TO BE UNITED MICHAEL E BOWIE, 0000 that when the Senate adjourns tonight STATES DISTRICT JUDGE FOR THE DISTRICT OF NEW MARK A BOYD, 0000 JERSEY, VICE ALFRED J. LECHNER, JR., RESIGNED. MERIDETH A BUCHER, 0000 under the provisions of S. Con. Res. 132, FREDA L. WOLFSON, OF NEW JERSEY, TO BE UNITED GERALD V BURTON JR., 0000 it stand adjourned until 9:30 a.m., STATES DISTRICT JUDGE FOR THE DISTRICT OF NEW MICHAEL R CHILDERS, 0000 Tuesday, September 3; that on Tues- JERSEY, VICE NICHOLAS H. POLITAN, RETIRED. KURT A CHRISTENSEN, 0000 RICHARD J. HOLWELL, OF NEW YORK, TO BE UNITED NICHOLAS E CODDINGTON, 0000 day, following the prayer and the STATES DISTRICT JUDGE FOR THE SOUTHERN DISTRICT JOHN P CODY SR, 0000 pledge, the Journal of proceedings be OF NEW YORK, VICE BARRINGTON D. PARKER, JR., ELE- GLENN M CONNOR, 0000 VATED. JOSEPH A COUCH, 0000 approved to date, the time for the two GREGORY L. FROST, OF OHIO, TO BE UNITED STATES MICHAEL L CURRENT, 0000 leaders be reserved for their use later DISTRICT JUDGE FOR THE SOUTHERN DISTRICT OF OHIO, GREGORY D DODGE, 0000 VICE GEORGE C. SMITH, RETIRED. MICHAEL J DOMINIQUE, 0000 in the day, and that the Senate then DEPARTMENT OF JUSTICE CHARLES N EASSA, 0000 begin consideration of the motion to MARK A EASTMAN, 0000 CAROL CHIEN-HUA LAM, OF CALIFORNIA, TO BE UNITED JEFFREY A FARNSWORTH, 0000 proceed to H.R. 5005, as under the pre- STATES ATTORNEY FOR THE SOUTHERN DISTRICT OF LARRY S FELLOWS, 0000 vious order; that on Tuesday, the Sen- CALIFORNIA FOR THE TERM OF FOUR YEARS, VICE ALAN KEVIN R GAINER, 0000 D. BERSIN, TERM EXPIRED. MATTHEW P GLUNZ, 0000 ate stand in recess, until 2:15 p.m., at ANTONIO CANDIA AMADOR, OF CALIFORNIA, TO BE THEODORE R HANLEY, 0000 the conclusion of the rollcall which UNITED STATES MARSHAL FOR THE EASTERN DISTRICT CHARLES E HARRIS III, 0000 OF CALIFORNIA FOR THE TERM OF FOUR YEARS, VICE PAMELA L HART, 0000 will begin at 12:30 p.m. JERRY J. ENOMOTO, TERM EXPIRED. KEITH L HAYNES, 0000

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MICHAEL K HAYSLETT, 0000 STANLEY L HOLMAN, 0000 CARLETON T GEARY JR., 0000 ERIC P HENDERSON, 0000 KEITH V HORTON, 0000 BRUCE R GILLOOLY, 0000 BRYAN C HILFERTY, 0000 SCOTT T HORTON, 0000 BRIAN R GOLLSNEIDER, 0000 DONALD M HODGE, 0000 KENNETH D HUBBARD, 0000 GREGORY B GONZALEZ, 0000 JOHN W HOGAN, 0000 MICHAEL S JACOBS, 0000 DANA E GOULETTE, 0000 KEVIN L HUGGINS, 0000 MICHAEL J JOHNSON, 0000 MATTHEW B GRECO, 0000 IRIS J HURD, 0000 ROBERT G JOHNSON, 0000 WILLIAM E GREEN, 0000 RODERICK E HUTCHINSON, 0000 FRANK W JONES III, 0000 DEBORAH L HANAGAN, 0000 BARRY A JOHNSON, 0000 MICHAEL KENNELLY III, 0000 KIMBERLY K HANCOCK, 0000 THOMAS H JOHNSON, 0000 RICHARD E KNOWLES, 0000 THOMAS H HARRISON, 0000 WALTER J KLEINFELDER, 0000 DONNA K KORYCINSKI, 0000 JON P HEIDT, 0000 ROBERT C KNUTSON, 0000 ANTHONY D LANDRY, 0000 JAMES W *HESTER JR., 0000 ANTHONY D KROGH, 0000 LARRY R LARIMER, 0000 JOHN C HINDS, 0000 MICHAEL J LEMANSKI, 0000 MARK M LEE, 0000 STEPHEN E HITZ, 0000 JON N LEONARD II, 0000 JOE A LITTLE, 0000 TIMOTHY D HODGE, 0000 TODD S LIVICK, 0000 ROBERT T LOTT, 0000 MELVIN S HOGAN, 0000 EDWARD D LOEWEN, 0000 STEPHEN J MARIANO, 0000 MICHAEL D HOSKIN, 0000 LANCE D LOMBARDO, 0000 PETER J MATTES, 0000 MICHAEL L LONGARZO, 0000 ALBERT T MAXWELL, 0000 RICHARD W HOUSEWRIGHT, 0000 SCOTT F MALCOM, 0000 STEPHEN G MCCARTY, 0000 JOHN P HOWELL, 0000 JAMES P MARSHALL, 0000 GREGORY M MCGUIRE, 0000 JEROME HUDSON, 0000 DANIEL R MATCHETTE, 0000 KAYE MCKINZIE, 0000 MICHAEL L HUMMEL, 0000 BRIAN C MCNERNEY, 0000 JOHN H MCPHAUL JR., 0000 RONALD JACOBS JR., 0000 NORMAN W MIMS III, 0000 JOHN MILLER JR., 0000 DAVID L JOHNSON, 0000 JONATHAN M MUNDT, 0000 MARK A MOULTON, 0000 GREGORY M JOHNSON, 0000 ERIC NEWMAN, 0000 CHARLES S MURRAY, 0000 THOMAS E JOHNSON, 0000 EDWARD T NYE, 0000 JEFFREY H MUSK, 0000 BRADLEY E JONES, 0000 TIMOTHY L OCKERMAN, 0000 RICHARD J ODONNELL, 0000 WALTER JONES, 0000 SCOTT A PARKS, 0000 SCOTT E ONEIL, 0000 WADE R JOST, 0000 SEAN P RICE, 0000 JONATHAN M PAYNE, 0000 GREGORY R KILBY, 0000 RUBEN RIOS, 0000 ROBERT J PELLER, 0000 JOHN C KILGALLON, 0000 JOHN R ROBINSON, 0000 BRENT A PENNY, 0000 GREGORY A KOKOSKIE, 0000 SCOTT D ROSS, 0000 CECIL R PETTIT JR., 0000 BRENT C KREMER, 0000 JOAN E ROUSSEAU, 0000 JAMES C PIGGOTT, 0000 WILLIAM B LANGAN, 0000 GUY V RUDISILL, 0000 DAVID W POMARNKE, 0000 JOHN M LAZAR, 0000 KIRK A SANDERS, 0000 CRAIG P PRESTENBACH, 0000 JOHN R LEAPHART, 0000 JERRY L SCHLABACH, 0000 NICHOLAS J PRINS, 0000 STANLEY M LEWIS, 0000 STEPHEN S SEITZ, 0000 BRAD L RAMEY, 0000 RICHARD B LIEBL, 0000 STUART W SMEAD, 0000 LAWRENCE J RAVILLE JR., 0000 NATHAN J LUCAS, 0000 NORMAN W SPEARS, 0000 JAMES D RICHARDSON, 0000 KIRBY E LUKE, 0000 ROBERT A SPUHL, 0000 MARK D ROBINSON, 0000 ROBERT L MARION, 0000 DAVID H STAPLETON, 0000 JAMES W ROSENBERRY, 0000 JOHN J MARKOVICH, 0000 JACK STERN, 0000 MARIA D RYAN, 0000 PAUL C MARKS, 0000 DANIEL F SULLIVAN, 0000 ROBERT W SADOWSKI, 0000 PATRICK H MASON, 0000 JOHN M THACKSTON, 0000 PHILIP H SARNECKI, 0000 WILLIAM R MASON, 0000 TIMOTHY J THURMOND, 0000 JEFFREY B SCHAMBURG, 0000 KEVIN W MASSENGILL, 0000 PHILIP VANWILTENBURG, 0000 FRANK O SCHNECK, 0000 BRENDAN B MCALOON, 0000 BARRY E VENABLE, 0000 SCOTT SCHUTZMEISTER, 0000 DAROLD V MCCLOUD, 0000 MALCOLM K WALLACE JR., 0000 MICHAEL K SHEAFFER, 0000 JOHN D MCDONOUGH, 0000 WILLIAM E WHITNEY III, 0000 RICHARD L SHELTON, 0000 GILBERT S MCMANUS, 0000 DON L WILKERSON, 0000 MYRA J SHEPHERD, 0000 TAREK A MEKHAIL, 0000 DANIEL T * WILLIAMS, 0000 LYNN L SNYDER, 0000 DAVID C MEYER, 0000 MICHAEL L WILLIAMS, 0000 JOSEPH M STAWICK, 0000 JEROME C MEYER, 0000 THOMAS J WILLMUTH, 0000 VANCE F STEWART III, 0000 PATRICK V MILLER, 0000 JEFFERSON K WON, 0000 RODNEY X STURDIVANT, 0000 TIMOTHY N MILLER, 0000 KENSTON K YI, 0000 GRANT H THOMAS, 0000 ROBERT O MODARELLI II, 0000 EDWARD W ZIMMERMAN, 0000 ERIC J TODHUNTER, 0000 THOMAS J MOFFATT, 0000 OTILIO TORRES JR., 0000 JEFFREY S MORRIS, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT DOUGLAS M VARGAS, 0000 TERRY L MOSES, 0000 TO THE GRADE INDICATED IN THE UNITED STATES ARMY MARK M VISOSKY, 0000 JAY P MURRAY, 0000 AND FOR REGULAR APPOINTMENT (IDENTIFIED BY AN MARK R VONHEERINGEN, 0000 VINCENT P OCONNOR, 0000 ASTERISK(*)) UNDER TITLE 10, U.S.C., SECTIONS 624 AND PHYLLIS E WHITE, 0000 FRANCIS S PACELLO, 0000 531: ANTHONY D WILLIAMS, 0000 MICHAEL A PARKER, 0000 To be lieutenant colonel DEREK J *WILLIAMS, 0000 THOMAS L PAYNE, 0000 TASHA L WILLIAMS, 0000 ERIC M PETERSON, 0000 JOSEPH M ADAMS, 0000 JAMES A WORM, 0000 KENNETH W POPE JR., 0000 DAVID R ALEXANDER, 0000 IRA C QUEEN, 0000 KELLIE M ALLISON, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT WARREN D QUETS JR., 0000 DAVID A ANDERSEN, 0000 TO THE GRADE INDICATED IN THE UNITED STATES ARMY PATRICK D REARDON, 0000 KEVIN A ARBANAS, 0000 AND FOR REGULAR APPOINTMENT (IDENTIFIED BY AN DAVID W RIGGINS, 0000 VICTOR BADAMI, 0000 ASTERISK(*)) UNDER TITLE 10, U.S.C., SECTIONS 624 AND NINA P ROBINSON, 0000 WILLIAM R BALKOVETZ, 0000 531: KENNETH P RODGERS, 0000 ROGER S BASNETT, 0000 To Be Lieutenant Colonel JOSE O RODRIGUEZ, 0000 KIRK C BENSON, 0000 CAROL A ROETZLER, 0000 JOHN S BILLIE, 0000 KIM J ANGLESEY, 0000 JOHN D RUFFING, 0000 SHANE R BURKHART, 0000 JOHN D BAKER, 0000 ARNOLD L RUMPHREY II, 0000 TIMOTHY S BURNS, 0000 MARK E BALLEW, 0000 MICHAEL C RYAN, 0000 TEDSON J CAMPAGNA, 0000 BRETT A BARRACLOUGH, 0000 STEVEN SABIA, 0000 THOMAS E CARTLEDGE JR., 0000 DELOISE J BELIN, 0000 JOHN R SACKS, 0000 JENNIFER A CARUSO, 0000 MARK E BERGESON, 0000 WILLIAM A SANDERS, 0000 THOMAS L CASCIARO, 0000 GEORGE W BOND, 0000 DAVID W SCALSKY, 0000 LUIS CASTRO, 0000 JEFFREY A BOVAIS, 0000 TERRY J SCHAEFER, 0000 HARLEY W CLARK, 0000 MICHAEL L BREWER, 0000 JOSEPH H SCHAFER, 0000 RONALD L CONDON, 0000 TODD D BROWN, 0000 LISA R SCHLEDERKIRKPATRICK, 0000 GUY T COSENTINO, 0000 JERHALD A BURGOA, 0000 PHILIP SCHOENIG, 0000 DAVID P COURTOGLOUS, 0000 STEVEN R BUSCH, 0000 DAVID W SEELY, 0000 PAUL D COYLE JR., 0000 DOUGLAS B BUSHEY, 0000 THOMAS E SHEPERD, 0000 JUAN A CUADRADO, 0000 DENNIS A CARD, 0000 DAVID W SHIN, 0000 JOHN H DAVIS, 0000 KENNETH G CARRICK, 0000 BRIAN P SHOOP, 0000 WILLIAM J DAVISSON, 0000 DANIEL P CASE, 0000 BENNIE L SIMMONS, 0000 DENNIS J DAY, 0000 LARY E CHINOWSKY, 0000 CARL J SIMON, 0000 RANDALL E DONALDSON, 0000 WAYNE E CLINE, 0000 RICHARD W SKOW JR., 0000 JAMES B DUNCAN, 0000 ANDREW V COCHRAN, 0000 PETER M SLOAD, 0000 BRIAN K EBERLE, 0000 WILLIAM E COLE, 0000 JAMES H SMITH, 0000 RONALD P ELROD, 0000 MARK F CONROE, 0000 TODD L SMITH, 0000 DAVID A EXTON, 0000 STEVEN A CONROY, 0000 JEFFREY K SOUDER, 0000 ROBERT H FANCHER JR., 0000 STEPHEN D COOPER, 0000 BERNARD R SPARROW, 0000 JOHN G FERRARI, 0000 MICHAEL J CREED, 0000 LOUIS F STEINBUGL, 0000 JOHN C FLOWERS, 0000 LLOYD C CROSMAN, 0000 MICHAEL R SWITZER, 0000 JEFFERY D FORD, 0000 STEVEN F CUMMINGS, 0000 PERRY W TEAGUE, 0000 EDWIN L FREDERICK III, 0000 DEBRA D DANIELS, 0000 TODD F TOLSON, 0000 DARLENE S FREEMAN, 0000 GLENN J DANIELSON, 0000 TROY E TRULOCK, 0000 NATHAN P FREIER, 0000 JAMES V DAY, 0000 JOHN S TURNER, 0000 DAVID V FULTON, 0000 TERRENCE P DELONG, 0000 DOUGLAS P VANGORDEN, 0000 CHRISTOPHER M GARITO, 0000 DAVID F DIMEO, 0000 PHILLIP A VIERSEN, 0000 ANTHONY L GARNER, 0000 GWENDOLYN O DINGLE, 0000 JOHN R WALLACE, 0000 KENNETH D GELE, 0000 ANDREW C EGER, 0000 RICHARD B WHITE, 0000 JESSE L GERMAIN, 0000 MARK R ELLINGTON, 0000 CHARLES H WILSON III, 0000 DAVID C GRIFFEE, 0000 VICTORE J EVARO, 0000 THOMAS F *WILSON, 0000 LEONARD E GRZYBOWSKI, 0000 JOSEPH H FELTER III, 0000 SCOTT E WOMACK, 0000 JOHN B HALSTEAD, 0000 MICHAEL P FLANAGAN, 0000 KELVIN R WOOD, 0000 SEAN T HANNAH, 0000 MICHAEL D FLANIGAN, 0000 GREGORY D WRIGHT, 0000 WILLIAM H HARMAN, 0000 JAMES C FLOWERS, 0000 JAMES G YENTZ, 0000 KEITH B HAUK, 0000 ROBIN L FONTES, 0000 REED F YOUNG, 0000 ALEX J HEIDENBERG, 0000 SCOTT D FOUSE, 0000 MICHAEL E ZARBO, 0000 HARRY N HICOCK JR., 0000 VINCENT L FREEMAN JR., 0000 JOHN V ZAVARELLI, 0000 CHRISTOPHER M HILL, 0000 GERRIE A GAGE, 0000 ROBERT J ZOPPA, 0000

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THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT SCOTT A CARR, 0000 STEPHEN E FARMEN, 0000 TO THE GRADE INDICATED IN THE UNITED STATES ARMY CEDRIC O CARROLL, 0000 SCOTT C FARQUHAR, 0000 AND FOR REGULAR APPOINTMENT (IDENTIFIED BY AN MIKE A CARTER, 0000 KEVIN W FARRELL, 0000 ASTERISK(*)) UNDER TITLE 10, U.S.C., SECTIONS 624 AND PERRY N CASKEY, 0000 MICHAEL A FARUQUI, 0000 531: BYRON T CASTLEMAN, 0000 JOHN R FASCHING, 0000 CHRISTOPHER G CAVOLI, 0000 RICHARD S FAULKNER, 0000 To be lieutenant colonel WALLACE B CELTRICK, 0000 GREGORY A FAWCETT, 0000 ROBERT P CERJAN, 0000 JOSEPH J FENTY JR., 0000 ANTHONY J ABATI, 0000 KIM E CHAMBERLAIN, 0000 ALEXANDER C FINDLAY, 0000 WILLIAM A ADAMS, 0000 ROBERT L CHAMBERLAIN, 0000 WILLIAM B FOGLE, 0000 FRANK T AKINS III, 0000 ANTHONY K CHAMBERS, 0000 DONALD J FONTENOT, 0000 PEDRO G ALMEIDA, 0000 DOUGLAS G CHAMBERS, 0000 TYLER L FORTIER, 0000 BRIAN K AMBERGER, 0000 TONNEY A CHANDLER, 0000 JAY D FOSTER, 0000 DAVID P ANDERS, 0000 ANDREW J CHANDO JR., 0000 KEVIN D FOSTER, 0000 FRANK H ANDERSON III, 0000 DANIEL M CHARTIER, 0000 KEVIN L FOSTER, 0000 DARYL W ANDREWS, 0000 JOHN M CHARVAT JR., 0000 CHRISTOPHER O FOYE, 0000 DAVID B ANDREWS, 0000 PAMELA R CHARVAT, 0000 ROBERT S FRAZIER, 0000 ANTHONY W ANGELO, 0000 WALTER B CHASE III, 0000 RICHARD L FRENCH, 0000 ANTONIO ARAGON, 0000 LUIS R CHAVEZ, 0000 MALCOLM B FROST, 0000 DAVID A ARMSTRONG, 0000 RANDALL K CHEESEBOROUGH, 0000 LAWRENCE W FULLER, 0000 JEFFREY A ARQUETTE, 0000 MARCUS C CHERRY, 0000 DAVID M FUNK, 0000 HERMAN ASBERRY III, 0000 MICHAEL P CHEVLIN, 0000 KIM G FUSCHAK, 0000 KEVIN J AUSTIN, 0000 TODHUNTER J CHILES, 0000 DAVID B GAFFNEY, 0000 ROBERT A BAER, 0000 MICHAEL J CHINN, 0000 ROBERT E GAGNON, 0000 RICARDO E BAEZ, 0000 FREDRICK S CHOI, 0000 TERESA A GALGANO, 0000 EDWARD V BAKER, 0000 JERRY W CHRISTENSEN, 0000 NANETTE GALLANT, 0000 MICHAEL A BALSER, 0000 HOWARD R CHRISTIE, 0000 DONALD N GALLI, 0000 JOHN F BALTICH, 0000 DAVID CINTRON, 0000 PAUL B GARDNER, 0000 BERNARD B BANKS, 0000 BRIAN J CLARK, 0000 MARIO V GARIA JR., 0000 ROBERT A BARKER, 0000 BRIAN M CLARK, 0000 JAMES H GARNER, 0000 MARK K BARKLEY, 0000 LINWOOD B CLARK JR., 0000 JOHN C GARRETT, 0000 SUSAN M BARLOW, 0000 PERRY C CLARK, 0000 KATHLEEN A GAVLE, 0000 DONALD L BARNETT, 0000 MICHAEL F CLARKE, 0000 MICHAEL J * GAWKINS, 0000 GLENN J BARR, 0000 DALE D CLELAND, 0000 WILLIAM K GAYLER, 0000 WILLIAM V BARRETT, 0000 ROSS M CLEMONS, 0000 STEPHEN J GAYTON JR., 0000 DAVID B BATCHELOR, 0000 TIMOTHY A CLEVELAND, 0000 GIAN P GENTILE, 0000 JOHN L BAUER, 0000 CHARLES T CLIMER JR., 0000 KEVIN E GENTZLER, 0000 THOMAS C BEANE JR., 0000 ROGER L CLOUTIER JR., 0000 RAY D GENTZYEL, 0000 ARTHUR B BEASLEY, 0000 JOSEPH S COALE, 0000 RANDY A GEORGE, 0000 DONALD BEATTIE JR., 0000 NORMAN K COBB JR., 0000 RICHARD K GEORGE, 0000 VERNON L BEATTY JR., 0000 THOMAS M COBURN, 0000 LESLIE A GERALD, 0000 STEPHANIE L BEAVERS, 0000 ALEXANDER S COCHRAN III, 0000 ALAN G GERSTENSCHLAGER, 0000 TIMOTHY D BECKNER, 0000 GREGORY G CODAY, 0000 MARIA R GERVAIS, 0000 KIM L BENESH, 0000 DAVID C COGDALL, 0000 BERTRAND A GES, 0000 ERNEST C BENNER, 0000 WILLIAM R COLEMAN, 0000 MICHAEL L GIBLER, 0000 GEORGE W BENTER IV, 0000 CRAIG A COLLIER, 0000 CHRISTOPHER P GIBSON, 0000 DAVID J BERCZEK, 0000 LYDIA D COMBS, 0000 PATRICK F GIBSON, 0000 ALAN R BERNARD, 0000 ERIC R CONRAD, 0000 TODD A GILE, 0000 MARK A BERTOLINI, 0000 CAROLINE COOPER, 0000 CARL L GILES, 0000 FRANCISCO R BETANCOURT, 0000 SYLVESTER *COTTON, 0000 PATRICK A GILLROY, 0000 JOHN K BEUCKENS, 0000 EMMA K COULSON, 0000 MAXINE C GIRARD, 0000 LINDA K BEUCKENS, 0000 TRISTAN P COYLE, 0000 DANIEL C GLAD, 0000 WILLIAM L BIALOZOR, 0000 LISA L CRANFORD, 0000 RANDY L GLAESER, 0000 STEVEN R BIAS, 0000 KENNETH J CRAWFORD, 0000 SCOT P GLEASON, 0000 ELIZABETH A BIERDEN, 0000 THOMAS E CREVISTON, 0000 CLARENCE J GOMES JR., 0000 KENNETH J BILAND, 0000 TELFORD E CRISCO JR., 0000 STEPHEN C GOMILLION, 0000 MICHAEL C BIRD, 0000 KEVIN J CROTEAU, 0000 NICHOLAS C GONZALES, 0000 JAMES R BLACKBURN, 0000 WILLIAM E CROZIER III, 0000 MARK J GORTON, 0000 PERRY W BLACKBURN JR., 0000 BRIAN D CUNDIFF, 0000 PAUL F * GRACE, 0000 DIRK C BLACKDEER, 0000 JOHN R CUNNINGHAM, 0000 RONNIE L GRAHAM, 0000 BARRY L BLACKMON, 0000 ORVILLE S CUPP, 0000 NANCY J GRANDY, 0000 ALAN C BLACKWELL, 0000 KENT C CURTSINGER, 0000 NEWMAN H GRAVES, 0000 MARK A BLAIR, 0000 STEVEN G DAILEY, 0000 THOMAS C GRAVES, 0000 DARIN C BLANCETT, 0000 JAY T DAINTY, 0000 JENNIFER L GRAY, 0000 GREGG A BLANCHARD, 0000 MICHAEL T DANDRIDGE, 0000 SIDNEY J GRAY III, 0000 MARK R BLIESE, 0000 JAMES P DANIEL JR., 0000 BRIAN A GREEN, 0000 BRADLEY D BLOOM, 0000 ANTHONY J DATTILO JR., 0000 WAYNE A GREEN, 0000 MICHAEL BOEDING, 0000 DALE E DAVIDSON, 0000 PAUL S GREENHOUSE, 0000 MICHAEL T BOONE, 0000 CHARLES E DAVIS IV, 0000 DENNIS G GREENWOOD, 0000 DANIEL J BOONIE, 0000 HERMAN D DAVIS JR., 0000 BARBARA A GREGORY, 0000 NERO BORDERS JR., 0000 REGINALD R DAVIS, 0000 TIMOTHY E GRIFFITH, 0000 JOHN R BOULE II, 0000 REX A DAVIS, 0000 GREGORY J GUNTER, 0000 DANIEL P BOWEN, 0000 BRANT V DAYLEY, 0000 JERALD D HAJEK, 0000 WILLIAM K BOYETT, 0000 CAROL R DEBARTO, 0000 CARY G HALE, 0000 LEO E BRADLEY III, 0000 THOMAS F DEFILIPPO, 0000 KATHRYN R HALL, 0000 MICHAEL J BRADLEY, 0000 EDMUND J DEGEN, 0000 MARK HALL, 0000 SUZANNE L BRAGG, 0000 KEVIN J DEGNAN, 0000 MARK W HAMILTON, 0000 WILLIAM B BRENTS, 0000 ROBERT W DEJONG, 0000 MICHAEL E HAMLET, 0000 PATRICK P BREWINGTON, 0000 RICHARD A DEMAREE, 0000 DEBRA A HANNEMAN, 0000 DARRYL J BRIGGS, 0000 PAMELA J DENCH, 0000 MARSHA L HANSEN, 0000 DOUGLAS J BRILES, 0000 SUZANNE M DENEAL, 0000 GERALD M HANSLER JR., 0000 BRIAN P BRINDLEY, 0000 CARL L DETTENMAYER, 0000 JOHAN C HARALDSEN, 0000 GARY M BRITO, 0000 TIMOTHY P DEVITO, 0000 MICHAEL A HARGROVE, 0000 GALE J BRITTAIN, 0000 RUZZA B DI, 0000 FREDERICK D HARPER, 0000 THOMAS H BRITTAIN, 0000 BARRY A DIEHL, 0000 JOSEPH P HARRINGTON, 0000 MICHAEL W BROBECK, 0000 BRIAN J DISINGER, 0000 MICHAEL J HARRIS, 0000 JEFFREY M BRODEUR, 0000 SCOTT E DONALDSON, 0000 STEVEN C HARRIS, 0000 JOHN J BROOKS, 0000 SUSAN K DONALDSON, 0000 THOMAS J HARTZEL, 0000 MICHAEL E BROUILLETTE, 0000 GEORGE T DONOVAN JR., 0000 SCOTT M HATHAWAY, 0000 MICHAEL A BROWDER, 0000 TERENCE M DORN, 0000 LEO R HAY, 0000 EVAN L BROWN, 0000 JOHN M DOUGHERTY, 0000 ROBERT D HAYCOCK, 0000 KEVIN E BROWN, 0000 KENNETH E DOWNER, 0000 MICHAEL A HAYDAK, 0000 KEVIN P BROWN, 0000 BARTEL G DRAKE, 0000 ASHTON L HAYES, 0000 ROBERT S BROWN, 0000 HELMUT F DRAXLER, 0000 STEVEN P HEIDECKER, 0000 ROSS A BROWN, 0000 THOMAS J DUBOIS, 0000 MICHAEL D HENDRICKS, 0000 BYRON L BROWNING, 0000 STEVEN W * DUKE, 0000 RANDOLPH A * HENRY, 0000 EMORY W BROWNLEE JR., 0000 DEAN C DUNHAM, 0000 EDWIN HERNANDEZ, 0000 BRENT J BUCHHOLZ, 0000 JOE * DURR III, 0000 NICOLAS A HERRERA, 0000 CHARLES H BUEHRING, 0000 JOHN C DVORACEK, 0000 HORST P HERTING, 0000 DAVID C BULLARD, 0000 DAVID B DYE, 0000 ERIC J HESSE, 0000 JOHN W BULLION, 0000 CHESTER F DYMEK III, 0000 JAMES R HEVEL, 0000 JON K BUONERBA, 0000 JOHN S EADDY, 0000 KENNETH E HICKINS, 0000 KATHRYN A BURBA, 0000 MARK L EDMONDS, 0000 HOWARD O HICKMAN JR., 0000 FRANCIS B BURNS, 0000 JAMES D EDWARDS, 0000 KYLE D HICKMAN, 0000 DANIEL G BURWELL, 0000 STEVEN M ELKINS, 0000 JOSEPH E HICKS, 0000 DAVID A *BUSHEY, 0000 GEOFFREY D ELLERSON, 0000 MARK R HICKS, 0000 WILLIAM C BUTCHER, 0000 JEFFREY A ELLIS, 0000 THOMAS E HIEBERT, 0000 LORETTO M BYANSKI, 0000 JOHN R ELWOOD, 0000 MICHAEL S HIGGINBOTTOM, 0000 SUSAN S CABRAL, 0000 PAMELA B EMBERTON, 0000 COLLIN K HILL, 0000 DOUGLAS A CAMPBELL, 0000 MICHAEL T ENDRES, 0000 MICHAEL D * HILLIARD, 0000 ROBERT I CAMPBELL, 0000 PAUL A ENGLISH, 0000 ROBERT L HILTON, 0000 KIMBERLY L CARDEN, 0000 ROBERT W EOFF, 0000 LYNN A HINMAN, 0000 CAMERON D CARLSON, 0000 BRITT W ESTES, 0000 ADAM R * HINSDALE, 0000 CHRISTOPHER S CARNES, 0000 KENNETH E EVANS JR., 0000 ALEX J HOBBS, 0000 FORREST L CARPENTER, 0000 MICHAEL A EVANS, 0000 BARRY HODGES, 0000 JOHN M CARPER, 0000 KATHLEEN J EZELL, 0000 TERRY D HODGES, 0000 JOHNEE O CARR, 0000 CHRISTOPHER R FARLEY, 0000 PATRICK B HOGAN, 0000

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DAVID R HOLBROOK, 0000 DONALD P LAUZON, 0000 GEORGE E PACK, 0000 JOHN A HOLLIS, 0000 JOSEPH K LAYTON, 0000 GUST W PAGONIS, 0000 MARK T HOLLOWAY, 0000 MARTIN C LEDINGTON, 0000 PATRICK V PALLATTO, 0000 JAMES F HOLLY III, 0000 AUDREY L LEE, 0000 PETER PALOMBO, 0000 JON J HORNE, 0000 MICHAEL J LEE, 0000 ALFRED A PANTANO JR., 0000 SKYLER P HORNUNG, 0000 TERRY M LEE, 0000 ROBERT J PAQUIN, 0000 MARK C HOROHO, 0000 MICHAEL J LEVESQUE, 0000 HAE S PARK, 0000 ACHIM R HORTON, 0000 DAVID J LIDDELL, 0000 THOMAS A PARKER, 0000 DOUGLAS M HORTON, 0000 EUGENE W LILLIEWOOD JR., 0000 JACK O PARKHURST, 0000 BRADLEY E HOUGHTON, 0000 MICHAEL J LIPINSKI, 0000 ALBERT G PARMENTIER II, 0000 JAMES A HOWARD, 0000 JAMES E LIPPSTREU, 0000 JOHN D PAUGH JR., 0000 JOE G HOWARD JR., 0000 TIMOTHY E LOLATTE, 0000 JOHN M PAUL SR, 0000 SHAWN P HOWLEY, 0000 TIMOTHY J LONEY, 0000 GERALD M PEARMAN, 0000 PHILIP A HOYLE, 0000 VICTOR H LOSCH II, 0000 MARK D PEASLEY, 0000 WILLIAM P HUBER, 0000 RODNEY L LUSHER, 0000 ROBERT B PEDERSON, 0000 BENJAMIN L HUDSON, 0000 LATONYA D LYNN, 0000 JOHN A PEELER, 0000 DALE E HUDSON, 0000 CHARLES C MACK, 0000 BROC A PERKUCHIN, 0000 WILLIAM B HUGHES, 0000 YVONNE B MACNAMARA, 0000 WARREN M PERRY, 0000 DANIEL W HULSEBOSCH, 0000 STAFFORD R MAHEU JR., 0000 JAMES A PETERSON, 0000 LEONARD P HUMPHREY, 0000 ANDREW F * MAHONEY, 0000 JEFFREY D PETERSON, 0000 PAUL G HUMPHREYS, 0000 THOMAS J MAHONEY, 0000 MILTON C PETERSON JR., 0000 DONALD F HURLEY JR., 0000 JOSEPH M MAIORANA, 0000 JODY L PETERY, 0000 RICHARD K HUTCHISON, 0000 ROBERT A MALLOY, 0000 WILLIAM R PFEFFER, 0000 CLAYTON HUTMACHER, 0000 JOHN E MALONEY, 0000 MAURICE S PICKETT, 0000 MARC B HUTSON, 0000 MICHAEL T MANNING, 0000 DELESIA E PIERRE, 0000 THOMAS E HUTT III, 0000 FRED V MANZO JR., 0000 KURT J PINKERTON, 0000 JAMES T IACCOCA, 0000 CLINTON J MARQUARDT, 0000 DANIEL A PINNELL, 0000 JOHN F IAMPIETRO, 0000 JOSE A MARQUEZ, 0000 JOHN T PITCOCK, 0000 BRIAN J IMIOLA, 0000 MICHAEL MARTIN, 0000 RODNEY E PITTS, 0000 MICHAEL J INFANTI, 0000 STEVEN J MARTIN, 0000 GREGORY A PLATT, 0000 STEVEN P INGWERSEN, 0000 WAYNE L MASON, 0000 ARNOLD PLEASANT, 0000 JAMES P INMAN, 0000 JAMES V MATHESON, 0000 DALLAS W PLUMLEY, 0000 CHRISTOPHER M IONTA, 0000 PATRICIA A MATLOCK, 0000 MARK B POMEROY, 0000 CHARLES P IPPOLITO, 0000 JAMES M MCALLISTER JR., 0000 MICHAEL L POPOVICH, 0000 CHRISTOPHER W IRRIG, 0000 SEAN W MCCAFFREY, 0000 SCOTT J PORTUGUE, 0000 CHRISTOPHER J ISAACSON, 0000 THOMAS D MCCARTHY, 0000 GLENN R POWERS, 0000 JACQUELINE E JAMES, 0000 JOHN C MCCLELLAN JR., 0000 LOWELL C PRESKITT, 0000 CHARLIE R JAMESON JR., 0000 MARK A MCCORMICK, 0000 RAYMOND PRIBILSKI, 0000 PAUL F JARVIS, 0000 DAN MCELROY, 0000 KEITH D PRICE, 0000 JAMES H JENKINS III, 0000 BRIAN S MCFADDEN, 0000 RICHARD B PRICE, 0000 SEAN M JENKINS, 0000 ROBERT D MCGEE, 0000 WILLIAM W PRIOR, 0000 EDWARD D JENNINGS, 0000 SHAWN P MCGINLEY, 0000 PHILIP M PUGH JR., 0000 JACK J JENSEN, 0000 TIMOTHY P MCGUIRE, 0000 BRIAN M PUGMIRE, 0000 MICHAEL J JESSUP, 0000 STEPHEN J MCGURK, 0000 DAVID G PUPPOLO, 0000 DONALD E JOHANTGES, 0000 JOHN M MCHUGH, 0000 VINCENT V QUARLES, 0000 FRED W JOHNSON, 0000 JOHN R MCILHANEY JR., 0000 STEPHEN M QUINN, 0000 KENNETH L JOHNSON, 0000 BRENDAN E MCKIERNAN, 0000 GREGORY C RAIMONDO, 0000 KEVIN P JOHNSON, 0000 JAMES L MCKNIGHT, 0000 JAMES E RAINEY, 0000 MICIOTTO O JOHNSON, 0000 ROBERT F MCLAUGHLIN, 0000 MICHAEL D RANDALL, 0000 NATHANIEL JOHNSON JR., 0000 STEVEN J MCLAUGHLIN, 0000 BURL W RANDOLPH JR., 0000 GARY W JOHNSTON, 0000 GARY R MCMEEN, 0000 KIMBERLY A RAPACZ, 0000 HARRY E JONES II, 0000 TYRONE J MCPHILLIPS, 0000 WILLIAM P RAYMANN, 0000 HARVEY B JONES III, 0000 JAMES R MCQUILKIN JR., 0000 VINCENT M REAP, 0000 JON N JONES, 0000 MARK R * MEADOWS, 0000 CHRISTOPHER D REED, 0000 MARK W JONES, 0000 JOSEPH C MENDEZ, 0000 STEVEN N REED, 0000 MICHAEL J JONES, 0000 ANDREW D MERCHANT, 0000 DENIS P REHFELD, 0000 ROGER T JONES, 0000 KENNETH O MERKEL, 0000 DAN J REILLY, 0000 ERIC M JORDAN, 0000 HOWARD L MERRITT, 0000 JOHN G REILLY, 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ROBERTS, 0000 JAMES D KENNEDY, 0000 TOMAS E MONELL, 0000 JAMES M ROBERTSON, 0000 JEFFREY L KENT, 0000 STEPHEN P MONIZ, 0000 JEFFERY B ROBINETTE, 0000 ALLEN W KIEFER, 0000 CLYDE A MOORE, 0000 HARVEY R ROBINSON, 0000 MITCHELL L KILGO, 0000 MARC D MOQUIN, 0000 DAVID A RODDENBERRY, 0000 PATRICK J KILROY, 0000 CONRADO B MORGAN, 0000 JOSE F RODRIGUEZ, 0000 SCOTT D KIMMELL, 0000 DOUGLAS W MORIARITY, 0000 DEBRA L ROESLER, 0000 RICHARD O KING JR., 0000 LOUISE M MORONEY, 0000 ROBERT R ROGGEMAN, 0000 WILLIAM E KING IV, 0000 FONDA E MOSAL, 0000 JOSEPH A ROSE, 0000 JAMES D KINKADE, 0000 EDWARD J MOUNT JR., 0000 RONALD J ROSS, 0000 JOHN K KIRBY, 0000 JOHN J MULBURY, 0000 VINCE D ROSS, 0000 ROBERT C KLEINHAMPLE, 0000 MICHAEL R MULLINS, 0000 EDWARD C ROTHSTEIN, 0000 ROBERT L KLIMCZAK, 0000 MATTHEW J MULQUEEN, 0000 BRIDGET M ROURKE, 0000 WILLIAM A KLIMOWICZ, 0000 ROBERT M MUNDELL, 0000 EDWARD V ROWE, 0000 MARK E KNICK, 0000 TONY C MUNSON, 0000 ROBERT J RUCH, 0000 ROBERT D KNOCK JR., 0000 ANTONIA E MUNSTER, 0000 BRYAN L RUDACILLE JR., 0000 DAVIN V KNOLTON, 0000 RICHARD J MURASKI JR., 0000 WILLIAM I RUSH, 0000 JOHN D KNOX, 0000 DANIEL S MURRAY, 0000 STEPHEN V RUSHING, 0000 CYNTHIA A KOENIG, 0000 FRANK M * MUTH, 0000 KURT J RYAN, 0000 PHILIP C KOENIG, 0000 DEBORAH A MYERS, 0000 MICHAEL P RYAN, 0000 REINHARD W KOENIG, 0000 JOHN K MYERS JR., 0000 PAUL J SABIN, 0000 STEVEN T KOENIG, 0000 BARRY A NAYLOR, 0000 JOSEPH A SALAMONE JR., 0000 CHRISTOPHER D KOLENDA, 0000 LARRY D * NAYLOR, 0000 PETER R SANDBERG, 0000 LAWRENCE A KOMINIAK, 0000 JOHN M NEAL III, 0000 DAVID L SANDRIDGE, 0000 JOSEPH T KOSKEY JR., 0000 JEFFREY W * NELSON, 0000 LYNN W SANNICOLAS, 0000 JAMES E KRAFT, 0000 RODNEY C NEUDECKER, 0000 JACINTO SANTIAGO JR., 0000 RICHARD J KRAMER, 0000 LANCE J NEWBOLD, 0000 STEVEN K SATTERLEE, 0000 FRED T KRAWCHUK JR., 0000 CRAIG M NEWMAN, 0000 OLIVER S SAUNDERS, 0000 MARY A KRESGE, 0000 SCOT E NEWPORT, 0000 DANIEL P SAUTER III, 0000 RYAN J KUHN, 0000 JAMES D NICKOLAS, 0000 JOHN G SAUVADON, 0000 MICHAEL E KURILLA, 0000 NOEL T NICOLLE, 0000 ERIC O SCHACHT, 0000 JOHN P LADELFA, 0000 GARY R NICOSON, 0000 ERIC B SCHEIDEMANTEL, 0000 JOHN F LAGANELLI, 0000 RICARDO NIEVES, 0000 MARK A SCHEMINE, 0000 JOHN R LAKSO, 0000 ERIC P * NIKOLAI, 0000 KURT A SCHNEIDER, 0000 STEVE E LAMBERT, 0000 KIRK H NILSSON, 0000 THOMAS S SCHORR, 0000 MARK D LANDERS, 0000 JOHN D NONEMAKER, 0000 MICHAEL J SCHROEDER, 0000 STEVEN E LANDIS, 0000 JOHN G NORRIS, 0000 WILLIAM S SCHUMAKER, 0000 FRANCIS P LANDY, 0000 LAWRENCE K NORTHUP, 0000 KEVIN G SCHWARTZ, 0000 DREFUS LANE, 0000 GERALD P OCONNOR, 0000 ALFRED SCOTT JR., 0000 THOMAS J LANGOWSKI, 0000 HUGH T OCONNOR JR., 0000 MICHAEL A SCUDDER, 0000 JAMES E LARSEN II, 0000 DEREK T ORNDORFF, 0000 PAUL J SCULLION, 0000 STEPHEN C LARSEN, 0000 MICHAEL S OUBRE, 0000 MARK SEAGRAVE, 0000 THERESA J LARSEN, 0000 JAMES S OVERBYE, 0000 DANIEL C SELPH, 0000 MARK V LATHEM, 0000 SANDRA W OWENS, 0000 MARK A SHAFFSTALL, 0000 JAMES F LAUGHRIDGE, 0000 LEO R PACHER, 0000 DARRYL T SHAMBLIN, 0000

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MICHAEL A SHARP, 0000 RANDY A WESTFALL, 0000 FARM CREDIT ADMINISTRATION RICHARD L SHELTON, 0000 TEDD A WHEELER, 0000 GEORGE T SHEPARD JR., 0000 TODD M WHEELER, 0000 DOUGLAS L. FLORY, OF VIRGINIA, TO BE A MEMBER OF RICHARD L SHEPARD, 0000 MARK M WHITE, 0000 THE FARM CREDIT ADMINISTRATION BOARD, FARM MICHAEL F SHILLINGER, 0000 RANDOLPH C WHITE JR., 0000 CREDIT ADMINISTRATION, FOR A TERM EXPIRING OCTO- FRANK J SHIMANDLE, 0000 RONALD O WHITE, 0000 BER 13, 2006. WILLIAM S SHOOK, 0000 STEVEN J WHITMARSH, 0000 GEORGE B SHUPLINKOV, 0000 ANDRE L WILEY, 0000 NUCLEAR REGULATORY COMMISSION STEPHEN J SICINSKI, 0000 HARRY F WILKES, 0000 JEFFREY S. MERRIFIELD, OF NEW HAMPSHIRE, TO BE A JEROME SIMMONS, 0000 CURTIS WILLIAMS JR., 0000 MEMBER OF THE NUCLEAR REGULATORY COMMISSION GEORGE SIMON III, 0000 THEARON M WILLIAMS, 0000 FOR THE TERM OF FIVE YEARS EXPIRING JUNE 30, 2007. JOSEPH A SIMONELLI JR., 0000 RANDALL H WILLIAMSON, 0000 MICHAEL S SIMPSON, 0000 STEVEN C WILLIAMSON, 0000 EXECUTIVE OFFICE OF THE PRESIDENT JOHN D SIMS, 0000 DANIEL A WILSON, 0000 DONALD J SINGER, 0000 GERALD K WILSON, 0000 KATHIE L. OLSEN, OF OREGON, TO BE AN ASSOCIATE LAURA L SINGER, 0000 KEITH A WILSON, 0000 DIRECTOR OF THE OFFICE OF SCIENCE AND TECH- JAMES C SKIDMORE, 0000 MITCH L WILSON, 0000 NOLOGY POLICY. MICHAEL K SKINNER, 0000 TIMMY L WILSON, 0000 RICHARD M. RUSSELL, OF VIRGINIA, TO BE AN ASSO- ROBERT E SLAUGHTER, 0000 ERIC J WINKIE, 0000 CIATE DIRECTOR OF THE OFFICE OF SCIENCE AND TECH- JOE K SLEDD, 0000 JAMES M WOLAK, 0000 NOLOGY POLICY. JEFFREY A SMILEY, 0000 WILLIAM M WOLFARTH, 0000 NATIONAL AERONAUTICS AND SPACE HOWARD G SMITH, 0000 JAMES J WOLFF, 0000 KENNETH R SMITH, 0000 AUBREY L WOOD III, 0000 ADMINISTRATION ROBIN M SMITH, 0000 MARK A WOOD, 0000 FREDERICK D. GREGORY, OF MARYLAND, TO BE DEP- ROBIN R SMITH, 0000 JOEY S * WYTE, 0000 STANLEY A SMITH, 0000 UTY ADMINISTRATOR OF THE NATIONAL AERONAUTICS LISSA V YOUNG, 0000 THOMAS L SMITH JR., 0000 AND SPACE ADMINISTRATION. MATTHEW W YOUNGKIN, 0000 JEANNE C SMITHHOOPER, 0000 DOUGLAS K ZIEMER, 0000 FEDERAL MARITIME COMMISSION NATHAN D SMYTH, 0000 MATTHEW H ZIMMERMAN, 0000 GARY L SMYTHE, 0000 JOHN L ZORNICK, 0000 STEVEN ROBERT BLUST, OF FLORIDA, TO BE A FED- THOMAS E SNODGRASS, 0000 X0000 ERAL MARITIME COMMISSIONER FOR A TERM EXPIRING PAUL E SNYDER, 0000 X041 JUNE 30, 2006. FRANK G SOKOL, 0000 X0000 JOHNNY W SOKOLOSKY, 0000 EXECUTIVE OFFICE OF THE PRESIDENT X0000 VICTOR L SOLERO, 0000 MARK W. EVERSON, OF TEXAS, TO BE DEPUTY DIREC- KURT L SONNTAG, 0000 X433 WILLIAM E SPADIE, 0000 X047 TOR FOR MANAGEMENT, OFFICE OF MANAGEMENT AND JAMES R SPANGLER II, 0000 X0000 BUDGET. X0000 JONATHAN H SPENCER, 0000 FEDERAL EMERGENCY MANAGEMENT AGENCY LORENZO SPENCER, 0000 X167 GERRY M SPRAGG JR., 0000 IN THE MARINE CORPS MICHAEL D. BROWN, OF COLORADO, TO BE DEPUTY DI- DALE F SPURLIN, 0000 RECTOR OF THE FEDERAL EMERGENCY MANAGEMENT MARK R STAMMER, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT AGENCY. BRUCE E STANLEY, 0000 TO THE GRADE INDICATED IN THE UNITED STATES MA- MATTHEW M STANTON, 0000 RINE CORPS RESERVE UNDER TITLE 10, U.S.C., SECTION DEPARTMENT OF STATE TIMOTHY J STARKE JR., 0000 12203: MICHAEL KLOSSON, OF MARYLAND, A CAREER MEM- JOHNNIE J STEELE, 0000 To be colonel BER OF THE SENIOR FOREIGN SERVICE, CLASS OF MIN- WILLIAM T STEELE, 0000 ISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- RICHARD F STEINER, 0000 LEON M. DUDENHEFER, 0000 DINARY AND PLENIPOTENTIARY OF THE UNITED STATES THOMAS L STILES, 0000 OF AMERICA TO THE REPUBLIC OF CYPRUS. RUSSELL E STINGER, 0000 IN THE NAVY RANDOLPH BELL, OF VIRGINIA, A CAREER MEMBER OF ROCKO V STOWERS, 0000 THE FOLLOWING NAMED OFFICER FOR REGULAR AP- THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER- DARRELL R STROTHER, 0000 COUNSELOR, FOR THE RANK OF AMBASSADOR DURING DEBORAH S STUART, 0000 POINTMENT TO THE GRADE INDICATED IN THE UNITED STATES NAVY UNDER TITLE 10, U.S.C., SECTION 531: HIS TENURE OF SERVICE AS SPECIAL ENVOY FOR HOLO- WAYNE L STULTZ, 0000 CAUST ISSUES. MICHAEL S STURGEON, 0000 To be lieutenant commander MARK W SUICH, 0000 EUROPEAN BANK FOR RECONSTRUCTION AND JOSEPH H SULLIVAN, 0000 BRADLEY J. SMITH, 0000 DEVELOPMENT JOHNNY M SUMMERS, 0000 WILLIAM E SURETTE III, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT MARK SULLIVAN, OF MARYLAND, TO BE UNITED JOHN H SUTTON, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY STATES DIRECTOR OF THE EUROPEAN BANK FOR RECON- GEORGE L SWIFT, 0000 UNDER TITLE 10, U.S.C., SECTION 624: STRUCTION AND DEVELOPMENT. JAMES F SWITZER, 0000 To be lieutenant commander CHRISTIAN D TADDEO, 0000 ASIAN DEVELOPMENT BANK MARK E TALKINGTON, 0000 THERESA M. EVERETTE, 0000 PAUL WILLIAM SPELTZ, OF TEXAS, TO BE UNITED JEFFREY L TALLY, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT STATES DIRECTOR OF THE ASIAN DEVELOPMENT BANK, ROBERT M TARADASH, 0000 WITH THE RANK OF AMBASSADOR. RANDY S TAYLOR, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY VINCENT J TEDESCO III, 0000 UNDER TITLE 10, U.S.C., SECTION 624: BROADCASTING BOARD OF GOVERNORS PATRICK R TERRELL, 0000 To be lieutenant commander DAVID T THEISEN, 0000 KENNETH Y. TOMLINSON, OF VIRGINIA, TO BE A MEM- JAMES D THOMAS, 0000 ANTHONY D. WEBER, 0000 BER OF THE BROADCASTING BOARD OF GOVERNORS FOR STEVE D THOMAS, 0000 A TERM EXPIRING AUGUST 13, 2004. DAVID E THOMPSON II, 0000 f KENNETH Y. TOMLINSON, OF VIRGINIA, TO BE CHAIR- KEITRON A TODD, 0000 MAN OF THE BROADCASTING BOARD OF GOVERNORS. MICHAEL A TODD, 0000 NORMAN J. PATTIZ, OF CALIFORNIA, TO BE A MEMBER DAVID W TOHN, 0000 CONFIRMATIONS OF THE BROADCASTING BOARD OF GOVERNORS FOR A MARK A TOLMACHOFF, 0000 TERM EXPIRING AUGUST 13, 2004. CHRISTOPHER R TONER, 0000 Executive nominations confirmed by ENVIRONMENTAL PROTECTION AGENCY EVELYN M TORRES, 0000 the Senate August 1, 2002: TIMOTHY B TOUCHETTE, 0000 JOHN PETER SUAREZ, OF NEW JERSEY, TO BE AN AS- RICHARD C TRIETLEY JR., 0000 DEPARTMENT OF STATE SISTANT ADMINISTRATOR OF THE ENVIRONMENTAL GLENWOOD R TURNER JR., 0000 PROTECTION AGENCY. WILLIAM A TURNER, 0000 DAVID A. GROSS, OF MARYLAND, FOR THE RANK OF TOM C ULMER, 0000 AMBASSADOR DURING HIS TENURE OF SERVICE AS DEP- CHEMICAL SAFETY AND HAZARD INVESTIGATION JOHN C VALLEDOR, 0000 UTY ASSISTANT SECRETARY OF STATE FOR INTER- BOARD ALSTYNE T VAN, 0000 NATIONAL COMMUNICATIONS AND INFORMATION POLICY MARGARET M VANASSE, 0000 IN THE BUREAU OF ECONOMIC AND BUSINESS AFFAIRS CAROLYN W. MERRITT, OF ILLINOIS, TO BE CHAIR- DAVID E VANSLAMBROOK, 0000 AND U.S. COORDINATOR FOR INTERNATIONAL COMMU- PERSON OF THE CHEMICAL SAFETY AND HAZARD INVES- STEVEN J VANSTRATEN, 0000 NICATIONS AND INFORMATION POLICY. TIGATION BOARD FOR A TERM OF FIVE YEARS. JEFFREY G VANWEY, 0000 JACK C. CHOW, OF PENNSYLVANIA, FOR THE RANK OF CAROLYN W. MERRITT, OF ILLINOIS, TO BE A MEMBER STEVEN VASS IV, 0000 AMBASSADOR DURING HIS TENURE OF SERVICE AS SPE- OF THE CHEMICAL SAFETY AND HAZARD INVESTIGATION JOHN H VICKERS, 0000 CIAL REPRESENTATIVE OF THE SECRETARY OF STATE BOARD FOR A TERM OF FIVE YEARS. DOUGLAS L VICTOR, 0000 FOR HIV/AIDS. JOHN S. BRESLAND, OF NEW JERSEY, TO BE A MEMBER ROBERT E VIKANDER, 0000 PAULA A. DESUTTER, OF VIRGINIA, TO BE AN ASSIST- OF THE CHEMICAL SAFETY AND HAZARD INVESTIGATION MARIAN E VLASAK, 0000 ANT SECRETARY OF STATE (VERIFICATION AND COMPLI- BOARD FOR A TERM OF FIVE YEARS. ANCE). PATRICK W VOLLER, 0000 DEPARTMENT OF STATE JEFFREY E VUONO, 0000 STEPHEN GEOFFREY RADEMAKER, OF DELAWARE, TO STEVEN L WADE, 0000 BE AN ASSISTANT SECRETARY OF STATE (ARMS CON- JAMES HOWARD YELLIN, OF PENNSYLVANIA, A CA- CHRISTOPHER M WAHL, 0000 TROL). REER MEMBER OF THE SENIOR FOREIGN SERVICE, MARK D WALD, 0000 MICHAEL ALAN GUHIN, OF MARYLAND, A CAREER MEM- CLASS OF COUNSELOR, TO BE AMBASSADOR EXTRAOR- WILLIAM T WALL, 0000 BER OF THE SENIOR EXECUTIVE SERVICE, FOR THE DINARY AND PLENIPOTENTIARY OF THE UNITED STATES PRISCILLA C WALLER, 0000 RANK OF AMBASSADOR DURING TENURE OF SERVICE AS OF AMERICA TO THE REPUBLIC OF BURUNDI. JOANNE E WALSER, 0000 U.S. FISSILE MATERIAL NEGOTIATOR. KRISTIE ANNE KENNEY, OF MARYLAND, A CAREER RONALD H WALTERS JR., 0000 TONY P. HALL, OF OHIO, FOR THE RANK OF AMBAS- MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF THOMAS M WALTON, 0000 SADOR DURING HIS TENURE OF SERVICE AS UNITED MINISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- TODD A WANG, 0000 STATES REPRESENTATIVE TO THE UNITED NATIONS DINARY AND PLENIPOTENTIARY OF THE UNITED STATES GEOFFREY H WARD, 0000 AGENCIES FOR FOOD AND AGRICULTURE. OF AMERICA TO THE REPUBLIC OF ECUADOR. JILL M WARREN, 0000 COMMODITY FUTURES TRADING COMMISSION BARBARA CALANDRA MOORE, OF MARYLAND, A CA- FREDERICK L WASHINGTON, 0000 REER MEMBER OF THE SENIOR FOREIGN SERVICE, PAUL C WASHINGTON, 0000 SHARON BROWN-HRUSKA, OF VIRGINIA, TO BE A COM- CLASS OF MINISTER-COUNSELOR, TO BE AMBASSADOR CYNTHIA K WATKINS, 0000 MISSIONER OF THE COMMODITY FUTURES TRADING COM- EXTRAORDINARY AND PLENIPOTENTIARY OF THE BRIAN T WATSON SR, 0000 MISSION FOR THE REMAINDER OF THE TERM EXPIRING UNITED STATES OF AMERICA TO THE REPUBLIC OF NICA- MARK P WEBB, 0000 APRIL 13, 2004. RAGUA. CHARLES R WEBSTER JR., 0000 WALTER LUKKEN, OF INDIANA, TO BE A COMMISSIONER LARRY LEON PALMER, OF GEORGIA, A CAREER MEM- DAVE WELLONS JR., 0000 OF THE COMMODITY FUTURES TRADING COMMISSION BER OF THE SENIOR FOREIGN SERVICE, CLASS OF COUN- FRANKLIN L WENZEL, 0000 FOR A TERM EXPIRING APRIL 13, 2005. SELOR, TO BE AMBASSADOR EXTRAORDINARY AND

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PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA HENRY E. HUDSON, OF VIRGINIA, TO BE UNITED RICHARD VAUGHN MECUM, OF GEORGIA, TO BE UNITED TO THE REPUBLIC OF HONDURAS. STATES DISTRICT JUDGE FOR THE EASTERN DISTRICT STATES MARSHAL FOR THE NORTHERN DISTRICT OF NANCY J. POWELL, OF IOWA, A CAREER MEMBER OF OF VIRGINIA. GEORGIA FOR THE TERM OF FOUR YEARS. THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER- TIMOTHY J. SAVAGE, OF PENNSYLVANIA, TO BE BURTON STALLWOOD, OF RHODE ISLAND, TO BE COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND UNITED STATES DISTRICT JUDGE FOR THE EASTERN UNITED STATES MARSHAL FOR THE DISTRICT OF RHODE PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA DISTRICT OF PENNSYLVANIA. ISLAND FOR THE TERM OF FOUR YEARS. TO THE ISLAMIC REPUBLIC OF PAKISTAN. AMY J. ST. EVE, OF ILLINOIS, TO BE UNITED STATES NATIONAL MEDIATION BOARD DISTRICT JUDGE FOR THE NORTHERN DISTRICT OF ILLI- DEPARTMENT OF DEFENSE NOIS. VINICIO E. MADRIGAL, OF LOUISIANA, TO BE A MEMBER EDWARD J. FITZMAURICE, JR., OF TEXAS, TO BE A DAVID S. CERCONE, OF PENNSYLVANIA, TO BE UNITED OF THE BOARD OF REGENTS OF THE UNIFORMED SERV- MEMBER OF THE NATIONAL MEDIATION BOARD FOR A STATES DISTRICT JUDGE FOR THE WESTERN DISTRICT ICES UNIVERSITY OF THE HEALTH SCIENCES FOR A TERM EXPIRING JULY 1, 2004. OF PENNSYLVANIA. TERM EXPIRING JUNE 20, 2003. HARRY R. HOGLANDER, OF MASSACHUSETTS, TO BE A MORRISON C. ENGLAND, JR., OF CALIFORNIA, TO BE L.D. BRITT, OF VIRGINIA, TO BE A MEMBER OF THE MEMBER OF THE NATIONAL MEDIATION BOARD FOR A UNITED STATES DISTRICT JUDGE FOR THE EASTERN BOARD OF REGENTS OF THE UNIFORMED SERVICES UNI- TERM EXPIRING JULY 1, 2005. DISTRICT OF CALIFORNIA. VERSITY OF THE HEALTH SCIENCES FOR THE REMAIN- THE ABOVE NOMINATIONS WERE APPROVED SUBJECT JAMES E. BOASBERG, OF THE DISTRICT OF COLUMBIA, DER OF THE TERM EXPIRING MAY 1, 2005. TO THE NOMINEES’ COMMITMENT TO RESPOND TO RE- TO BE AN ASSOCIATE JUDGE OF THE SUPERIOR COURT LINDA J. STIERLE, OF MARYLAND, TO BE A MEMBER OF QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY OF THE DISTRICT OF COLUMBIA FOR THE TERM OF FIF- THE BOARD OF REGENTS OF THE UNIFORMED SERVICES CONSTITUTED COMMITTEE OF THE SENATE. TEEN YEARS. UNIVERSITY OF THE HEALTH SCIENCES FOR A TERM EX- THE JUDICIARY DEPARTMENT OF JUSTICE PIRING MAY 1, 2007. WILLIAM C. DE LA PENA, OF CALIFORNIA, TO BE A HENRY E. AUTREY, OF MISSOURI, TO BE UNITED J.B. VAN HOLLEN, OF WISCONSIN, TO BE UNITED MEMBER OF THE BOARD OF REGENTS OF THE UNI- STATES DISTRICT JUDGE FOR THE EASTERN DISTRICT STATES ATTORNEY FOR THE WESTERN DISTRICT OF FORMED SERVICES UNIVERSITY OF THE HEALTH OF MISSOURI. WISCONSIN FOR THE TERM OF FOUR YEARS. SCIENCES FOR A TERM EXPIRING JUNE 20, 2007. RICHARD E. DORR, OF MISSOURI, TO BE UNITED CHARLES E. BEACH, SR., OF IOWA, TO BE UNITED STATES DISTRICT JUDGE FOR THE WESTERN DISTRICT STATES MARSHAL FOR THE SOUTHERN DISTRICT OF DEFENSE NUCLEAR FACILITIES SAFETY BOARD OF MISSOURI. IOWA FOR THE TERM OF FOUR YEARS. DAVID C. GODBEY, OF TEXAS, TO BE UNITED STATES PETER A. LAWRENCE, OF NEW YORK, TO BE UNITED JOHN EDWARD MANSFIELD, OF VIRGINIA, TO BE A DISTRICT JUDGE FOR THE NORTHERN DISTRICT OF STATES MARSHAL FOR THE WESTERN DISTRICT OF NEW MEMBER OF THE DEFENSE NUCLEAR FACILITIES SAFE- TEXAS. YORK FOR THE TERM OF FOUR YEARS. TY BOARD FOR A TERM EXPIRING OCTOBER 18, 2006.

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HIGHLIGHTS Senate passed H.R. 5010, Department of Defense Appropriations Act. Senate agreed to Conference Report on H.R. 3009, Andean Trade Pro- motion and Drug Eradication Act. See Res´ume´ of Congressional Activity. Senate tation, preservation, or improvement of railroad Chamber Action track, with amendments. (S. Rept. No. 107–238) Routine Proceedings, pages S7767–S8034 S. 2182, to authorize funding for computer and Measures Introduced: Sixty-two bills and ten reso- network security research and development and re- lutions were introduced, as follows: S. 2834–2895, search fellowship programs, with an amendment in S.J. Res. 43, S. Res. 315–319, and S. Con. Res. the nature of a substitute. (S. Rept. No. 107–239) 134–137. Pages S7899–S7901 S. 2201, to protect the online privacy of individ- Measures Reported: uals who use the Internet, with an amendment in S. 2043, to amend title 38, United States Code, the nature of a substitute. (S. Rept. No. 107–240) to extend by five years the period for the provision S. 1750, to make technical corrections to the by the Secretary of Veterans Affairs of noninstitu- HAZMAT provisions of the USA PATRIOT Act, tional extended care services and required nursing with an amendment in the nature of a substitute. (S. home care, with an amendment in the nature of a Rept. No. 107–241) substitute. (S. Rept. No. 107–231) H.R. 2121, to make available funds under the S. 1871, to direct the Secretary of Transportation Foreign Assistance Act of 1961 to expand democ- to conduct a rail transportation security risk assess- racy, good governance, and anti-corruption programs ment, with amendments. (S. Rept. No. 107–232) in the Russian Federation in order to promote and S. 724, to amend title XXI of the Social Security strengthen democratic government and civil society Act to provide for coverage of pregnancy-related as- in that country and to support independent media, sistance for targeted low-income pregnant women, with an amendment in the nature of a substitute. with an amendment in the nature of a substitute. (S. H.R. 4558, to extend the Irish Peace Process Cul- Rept. No. 107–233) tural and Training Program. S. 2237, to amend title 38, United States Code, S. Res. 309, expressing the sense of the Senate to enhance compensation for veterans with hearing that Bosnia and Herzegovina should be congratu- loss, with an amendment in the nature of a sub- lated on the 10th anniversary of its recognition by stitute. (S. Rept. No. 107–234) the United States, and with an amended preamble. S. 1739, to authorize grants to improve security S. 2394, to amend the Federal Food, Drug, and on over-the-road buses. (S. Rept. No. 107–235) Cosmetic Act to require labeling containing informa- S. 2335, to establish the Office of Native Amer- tion applicable to pediatric patients, with an amend- ican Affairs within the Small Business Administra- ment. tion, to create the Native American Small Business Development Program, with amendments. (S. Rept. S. Con. Res. 122, expressing the sense of Congress No. 107–236) that security, reconciliation, and prosperity for all Cypriots can be best achieved within the context of H.R. 2546, to amend title 49, United States Code, to prohibit States from requiring a license or membership in the European Union which will pro- fee on account of the fact that a motor vehicle is vide significant rights and obligations for all Cyp- providing interstate pre-arranged ground transpor- riots, with an amendment in the nature of a sub- tation service, with amendments. (S. Rept. No. stitute and with an amended preamble. Page S7898 107–237) Measures Passed: S. 1220, to authorize the Secretary of Transpor- Department of Defense Appropriations Act: By tation to establish a grant program for the rehabili- 95 yeas to 3 nays (Vote No. 204), Senate passed D869

VerDate 11-MAY-2000 02:56 Aug 03, 2002 Jkt 099060 PO 00000 Frm 00001 Fmt 5627 Sfmt 5627 E:\CR\FM\D01AU2.PT2 pfrm04 PsN: D01AU2 D870 CONGRESSIONAL RECORD — DAILY DIGEST August 1, 2002 H.R. 5010, making appropriations for the Depart- North Carolina Hydroelectric Project: Senate ment of Defense for the fiscal year ending September passed S. 1010, to extend the deadline for com- 30, 2003, as amended, after agreeing to a committee mencement of construction of a hydroelectric project amendment in the nature of a substitute, and after in the State of North Carolina. Pages S8013–19 taking action on the following amendment/motion Vancouver National Historic Reserve Preserva- proposed thereto: Pages S7793–S7804 tion Act: Senate passed S. 1649, to amend the Om- Withdrawn: nibus Parks and Public Lands Management Act of McCain Amendment No. 4445, to require author- 1996 to increase the authorization of appropriations ization of appropriations, as well as appropriations, for the Vancouver National Historic Reserve and for for leasing of transport/VIP aircraft. Page S7793 the preservation of Vancouver Barracks, after agree- Motion to table McCain Amendment No. 4445, ing to committee amendments. Pages S8013–19 listed above. Page S7793 Alaska Hydro-electric License: Senate passed S. Senate insisted on its amendment, requested a 1843, to extend hydro-electric licenses in the State conference with the House thereon, and the Chair of Alaska. Pages S8013–19 was authorized to appoint the following conferees on Wyoming Hydroelectric Project: Senate passed S. the part of the Senate: Senators Inouye, Hollings, Byrd, Leahy, Harkin, Dorgan, Durbin, Reid, Fein- 1852, to extend the deadline for commencement of stein, Kohl, Stevens, Cochran, Specter, Domenici, construction of a hydroelectric project in the State of Bond, McConnell, Shelby, Gregg, and Hutchison. Wyoming. Pages S8013–19 Page S7804 Miami Circle Site: Senate passed S. 1894, to di- Guam Foreign Investment Equity Act: Senate rect the Secretary of the Interior to conduct a special passed H.R. 309, to provide for the determination of resource study to determine the national significance withholding tax rates under the Guam income tax, of the Miami Circle site in the State of Florida as clearing the measure for the President. well as the suitability and feasibility of its inclusion Pages S8013–19 in the National Park System as part of Biscayne Na- tional Park, after agreeing to a committee amend- Timpanogos Interagency Land Exchange Act: ment. Pages S8013–19 Senate passed S. 1240, to provide for the acquisition of land and construction of an interagency adminis- Oregon Land Conveyance: Senate passed S. 1907, trative and visitor facility at the entrance to Amer- to direct the Secretary of the Interior to convey cer- ican Fork Canyon, Utah, after agreeing to a com- tain land to the city of Haines, Oregon, after agree- mittee amendment in the nature of a substitute. ing to a committee amendment. Pages S8013–19 Pages S8013–19 Colorado Land Transfer: Senate passed H.R. 223, Niagara Falls National Heritage Area Study to amend the Clear Creek County, Colorado, Public Act: Senate passed S. 1227, to authorize the Sec- Lands Transfer Act of 1993 to provide additional retary of the Interior to conduct a study of the suit- time for Clear Creek County to dispose of certain ability and feasibility of establishing the Niagara lands transferred to the county under the Act, clear- Falls National Heritage Area in the State of New ing the measure for the President. Pages S8013–19 York, after agreeing to committee amendments. Booker T. Washington National Monument Pages S8013–19 Boundary Adjustment Act: Senate passed H.R. Moon National Monument: Senate passed H.R. 1456, to expand the boundary of the Booker T. 601, to redesignate certain lands within the Craters Washington National Monument, clearing the meas- of the Moon National Monument, clearing the measure for the President. Pages S8013–19 ure for the President. Pages S8013–19 James Peak Wilderness and Protection Area Act: Wolf Trap Park: Senate passed H.R. 2440, to re- Senate passed H.R. 1576, to designate the James name Wolf Trap Farm Park as ‘‘Wolf Trap National Peak Wilderness and Protection Area in the Arapaho Park for the Performing Arts’’, clearing the measure and Roosevelt National Forests in the State of Colo- for the President. Pages S8013–19 rado, clearing the measure for the President. Tumacacori National Historical Park Boundary Pages S8013–19 Revision Act: Senate passed H.R. 2234, to revise the Old Spanish Trail Recognition Act: Senate boundary of the Tumacacori National Historical passed S. 1946, to amend the National Trails System Park in the State of Arizona, clearing the measure Act to designate the Old Spanish Trail as a National for the President. Pages S8013–19 Historic Trail, after agreeing to committee amend- Nevada Land Conveyance: Senate passed S. 691, ments. Pages S8013–19 to direct the Secretary of Agriculture to convey cer- Santa Monica Mountains National Recreation tain land in the Lake Tahoe Basin Management Area Boundary Adjustment Act: Senate passed Unit, Nevada, to the Secretary of the Interior, in H.R. 640, to adjust the boundaries of Santa Monica trust for the Washoe Indian Tribe of Nevada and Mountains National Recreation Area, after agreeing California. Pages S8013–19 to a committee amendment. Pages S8013–19

VerDate 11-MAY-2000 02:56 Aug 03, 2002 Jkt 099060 PO 00000 Frm 00002 Fmt 5627 Sfmt 5627 E:\CR\FM\D01AU2.PT2 pfrm04 PsN: D01AU2 August 1, 2002 CONGRESSIONAL RECORD — DAILY DIGEST D871 Long Walk National Historic Trail Study Act: Child Employee Protection: Committee on Senate passed H.R. 1384, to amend the National Health, Education, Labor, and Pensions was dis- Trails System Act to designate the route in Arizona charged from further consideration of S. 2549, to en- and New Mexico which the Navajo and Mescalero sure that child employees of traveling sales crews are Apache Indian tribes were forced to walk in 1863 protected under the Fair Labor Standards Act of and 1864, for study for potential addition to the Na- 1938, and the bill was then passed. Page S8022 tional Trails System, clearing the measure for the National Hansen’s Disease Programs Center: President. Pages S8013–19 Committee on Health, Education, Labor, and Pen- Alaska Land Exchange: Senate passed S. 1325, to sions was discharged from further consideration of ratify an agreement between the Aleut Corporation H.R. 2441, to amend the Public Health Service Act and the United States of America to exchange land to redesignate a facility as the National Hansen’s rights received under the Alaska Native Claims Set- Disease Programs Center, and the bill was then tlement Act for certain land interests on Adak Is- passed, clearing the measure for the President. land, after agreeing to a committee amendment. Page S8022 Pages S8013–19 Benign Brain-Related Tumor Collection: Com- Natural Gas Right-of-Way Permits: Senate mittee on Health, Education, Labor, and Pensions passed H.R. 3380, to authorize the Secretary of the was discharged from further consideration of S. Interior to issue right-of-way permits for natural gas 2558, to amend the Public Health Service Act to pipelines within the boundary of Great Smoky provide for the collection of data on benign brain- Mountains National Park, clearing the measure for related tumors through the national program of can- the President. Page S8020 cer registries, and the bill was then passed. Fort Clatsop National Memorial Expansion Act: Page S8022 Senate passed H.R. 2643, to authorize the acquisi- Global Pathogen Surveillance Act: Senate passed tion of additional lands for inclusion in the Fort S. 2487, to provide for global pathogen surveillance Clatsop National Memorial in the State of Oregon, and response, after agreeing to the following amend- clearing the measure for the President. Page S8020 ment proposed thereto: Pages S8022–25 Energy Policy Amendments: Senate passed H.R. Reid (for Biden) Amendment No. 4468, to make certain revisions to the bill. Page S8025 3343, to amend title X of the Energy Policy Act of 1992, clearing the measure for the President. Sri Lanka Peace: Senate agreed to S. Res. 300, Page S8020 encouraging the peace process in Sri Lanka, after agreeing to a committee amendment. Page S8025 Production of Documents: Senate agreed to S. Res. 317, to authorize the production of records by National Medical Emergency Preparedness Act: the Permanent Subcommittee on Investigations of Committee on Veterans’ Affairs was discharged from the Committee on Governmental Affairs. Page S8020 further consideration of H.R. 3253, to amend title 38, United States Code, to enhance the emergency National Missing Adult Awareness Month: Sen- preparedness of the Department of Veterans Affairs, ate agreed to S. Res. 318, designating August 2002, and the bill was then passed, after agreeing to the as ‘‘National Missing Adult Awareness Month’’. following amendments proposed thereto: Pages S8020–21 Pages S8025–26 Milton Friedman Recognition: Senate agreed to Reid (for Rockefeller) Amendment No. 4469, in S. Res. 319, recognizing the accomplishments of the nature of a substitute. Page S8026 Professor Milton Friedman. Page S8021 Reid (for Rockefeller) Amendment No. 4470, to Public Buildings, Property, and Works: Senate amend the title. Page S8026 passed H.R. 2068, to revise, codify, and enact with- Andean Trade Promotion and Drug Eradication out substantive change certain general and perma- Act Conference—Report: By 64 yeas to 34 nays nent laws, related to public buildings, property, and (Vote No. 207), Senate agreed to the conference re- works, as title 40, United States Code, ‘‘Public port on H.R. 3009, to extend the Andean Trade Buildings, Property, and Works’’, clearing the meas- Preference Act, and to grant additional trade benefits ure for the President. Page S8021 under that Act, clearing the measure for the Presi- Major League Baseball Contract: Senate agreed dent. Pages S7768–93, S7814–15 to S. Con. Res. 137, expressing the sense of the Con- During consideration of this measure today, Senate gress that the Federal Mediation and Conciliation also took the following action: Service should exert its best efforts to cause the By 64 yeas to 32 nays (Vote No. 203), three-fifths Major League Baseball Players Association and own- of those Senators duly chosen and sworn, having ers of the teams of Major League Baseball to enter voted in the affirmative, Senate agreed to the motion into a contract to continue to play professional base- to close further debate on the conference report. ball games without engaging in strike, lockout, or Page S7774 any conduct that interferes with the playing of By 67 yeas to 31 nays (Vote No. 206), three-fifths scheduled professional baseball games. Page S8021 of those Senators duly chosen and sworn, having

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voted in the affirmative, Senate agreed to the motion ators present and having voted in the affirmative, the to waive the Congressional Budget Act of 1974 with resolution of ratification was agreed to: respect to the conference report. Subsequently, the Treaty with Niue on Delimitation of a Maritime point of order that the conference report violates sec- Boundary (Treaty Doc. 105–53). Pages S8026–27 tion 302(f) of the Congressional Budget Act of 1974 Executive Reports of Committees: Senate received was not sustained, and thus falls. Page S7815 the following executive reports of a committee: Homeland Security Act—Agreement: A unanimous-consent agreement was reached providing that Report to accompany the Protocol to Amend the the pending cloture vote on the motion to proceed 1949 Convention on the Establishment of an Inter- to consideration of H.R. 5005, to establish the De- American Tropical Tuna Commission (Treaty Doc. partment of Homeland Security, be vitiated; that 107–2) (Ex. Rept. 107–6) there be a time limitation of 7 hours on the motion Report to accompany the Agreement Establishing to proceed to the bill, and that the time begin on the South Pacific Regional Environment Programme Tuesday, September 3, 2002, at 9:30 a.m. Further, (Treaty Doc. 105–32) (Ex. Rept. 107–7) that at the conclusion, or yielding back of time, the Pages S7898–99 Senate vote on the motion to proceed to consider- Nominations Confirmed: Senate confirmed the fol- ation of the bill. Page S7776 lowing nominations: Department of the Interior and Related Agen- By unanimous vote of 98 yeas (Vote No. EX. cies Appropriations Act—Agreement: A unani- 205), Henry E. Autrey, of Missouri, to be United mous-consent agreement was reached providing for States District Judge for the Eastern District of Mis- consideration of H.R. 5093, making appropriations souri. Pages S7807–09 for the Department of the Interior and related agen- Edward J. Fitzmaurice, Jr., of Texas, to be a cies for the fiscal year ending September 30, 2003, Member of the National Mediation Board for a term at 9 a.m., on Wednesday, September 4, 2002; and expiring July 1, 2004. that at 12 noon, Senate will consider H.R. 5005, David C. Godbey, of Texas, to be United States Homeland Security Act. Page S8013 District Judge for the Northern District of Texas. Authority for a Committee: A unanimous-consent agreement was reached providing that on Friday, Henry E. Hudson, of Virginia, to be United States August 2, 2002, notwithstanding an adjournment of District Judge for the Eastern District of Virginia. the Senate, that the Finance Committee may report Michael Alan Guhin, of Maryland, a Career Mem- a bill, during the hours of 11 a.m. to 1 p.m. ber of the Senior Executive Service, for the rank of Page S8020 Ambassador during tenure of service as U.S. Fissile Material Negotiator. Nominations—Agreement: A unanimous-consent agreement was reached providing that all nomina- Stephen Geoffrey Rademaker, of Delaware, to be tions remain in status quo, notwithstanding the ad- an Assistant Secretary of State (Arms Control). journment of the Senate during August. Page S8020 Peter A. Lawrence, of New York, to be United Authority To Make Appointments: A unanimous- States Marshal for the Western District of New York consent agreement was reached providing that not- for the term of four years. withstanding the up-coming recess or adjournment David A. Gross, of Maryland, for the rank of Am- of the Senate, the President of the Senate, the Presi- bassador during his tenure of service as Deputy As- dent of the Senate pro tempore, and the majority sistant Secretary of State for International Commu- and minority leaders be authorized to make appoint- nications and Information Policy in the Bureau of ments to commissions, committees, boards, con- Economic and Business Affairs and U.S. Coordinator ferences, or interparliamentary conferences authorized for International Communications and Information by law, by concurrent action of the two Houses, or Policy. by order of the Senate. Page S8021 Steven Robert Blust, of Florida, to be a Federal Appointment: Maritime Commissioner for a term expiring June 30, President’s Export Council: The Chair, pursuant 2006. to Executive Order 12131, as amended, signed by Kathie L. Olsen, of Oregon, to be an Associate the President May 4, 1979, and most recently ex- Director of the Office of Science and Technology tended by Executive Order 13225, signed by the Policy. President September 28, 2001, appointed the fol- Kenneth Y. Tomlinson, of Virginia, to be a Mem- lowing Members to the President’s Export Council: ber of the Broadcasting Board of Governors for a Senators Baucus, Carnahan, Johnson, Enzi, and term expiring August 13, 2004. Hutchinson. Page S8013 Kenneth Y. Tomlinson, of Virginia, to be Chair- Treaty Approved: The following treaty having man of the Broadcasting Board of Governors. passed through its various parliamentary stages, up Michael D. Brown, of Colorado, to be Deputy Di- to and including the presentation of the resolution rector of the Federal Emergency Management Agen- of ratification, upon division, two-thirds of the Sen- cy.

VerDate 11-MAY-2000 02:56 Aug 03, 2002 Jkt 099060 PO 00000 Frm 00004 Fmt 5627 Sfmt 5627 E:\CR\FM\D01AU2.PT2 pfrm04 PsN: D01AU2 August 1, 2002 CONGRESSIONAL RECORD — DAILY DIGEST D873 Morrison C. England, Jr., of California, to be Douglas L. Flory, of Virginia, to be a Member of United States District Judge for the Eastern District the Farm Credit Administration Board, Farm Credit of California. Administration, for a term expiring October 13, Amy J. St. Eve, of Illinois, to be United States 2006. District Judge for the Northern District of Illinois. Kristie Anne Kenney, of Maryland, to be Ambas- Richard E. Dorr, of Missouri, to be United States sador to the Republic of Ecuador. District Judge for the Western District of Missouri. Barbara Calandra Moore, of Maryland, to be Am- David S. Cercone, of Pennsylvania, to be United bassador to the Republic of Nicaragua. States District Judge for the Western District of James E. Boasberg, of the District of Columbia, to Pennsylvania. be an Associate Judge of the Superior Court of the Timothy J. Savage, of Pennsylvania, to be United District of Columbia for the term of fifteen years. States District Judge for the Eastern District of J.B. Van Hollen, of Wisconsin, to be United Pennsylvania. States Attorney for the Western District of Wis- Paula A. DeSutter, of Virginia, to be an Assistant consin for the term of four years. Secretary of State (Verification and Compliance). Charles E. Beach, Sr., of Iowa, to be United States Sharon Brown-Hruska, of Virginia, to be a Com- Marshal for the Southern District of Iowa for the missioner of the Commodity Futures Trading Com- term of four years. mission for the remainder of the term expiring April Tony P. Hall, of Ohio, for the rank of Ambas- 13, 2004. sador during his tenure of service as United States John Peter Suarez, of New Jersey, to be an Assist- Representative to the United Nations Agencies for ant Administrator of the Environmental Protection Food and Agriculture. Agency. Carolyn W. Merritt, of Illinois, to be Chairperson Jack C. Chow, of Pennsylvania, for the rank of of the Chemical Safety and Hazard Investigation Ambassador during his tenure of service as Special Board for a term of five years. Representative of the Secretary of State for HIV/ Carolyn W. Merritt, of Illinois, to be a Member AIDS. of the Chemical Safety and Hazard Investigation Walter Lukken, of Indiana, to be a Commissioner Board for a term of five years. of the Commodity Futures Trading Commission for Michael Klosson, of Maryland, to be Ambassador a term expiring April 13, 2005. to the Republic of Cyprus. Vinicio E. Madrigal, of Louisiana, to be a Member of the Board of Regents of the Uniformed Services Larry Leon Palmer, of Georgia, to be Ambassador University of the Health Sciences for a term expiring to the Republic of Honduras. June 20, 2003. Randolph Bell, of Virginia, a Career Member of L.D. Britt, of Virginia, to be a Member of the the Senior Foreign Service, Class of Minister-Coun- Board of Regents of the Uniformed Services Univer- selor, for the rank of Ambassador during his tenure sity of the Health Sciences for the remainder of the of service as Special Envoy for Holocaust Issues. term expiring May 1, 2005. Paul William Speltz, of Texas, to be United States Linda J. Stierle, of Maryland, to be a Member of Director of the Asian Development Bank, with the the Board of Regents of the Uniformed Services Uni- rank of Ambassador. versity of the Health Sciences for a term expiring John S. Bresland, of New Jersey, to be a Member May 1, 2007. of the Chemical Safety and Hazard Investigation William C. De La Pena, of California, to be a Board for a term of five years. Member of the Board of Regents of the Uniformed Jeffrey S. Merrifield, of New Hampshire, to be a Services University of the Health Sciences for a term Member of the Nuclear Regulatory Commission for expiring June 20, 2007. the term of five years expiring June 30, 2007. (Re- Richard M. Russell, of Virginia, to be an Asso- appointment) ciate Director of the Office of Science and Tech- Norman J. Pattiz, of California, to be a Member nology Policy. of the Broadcasting Board of Governors for a term Mark Sullivan, of Maryland, to be United States expiring August 13, 2004. (Reappointment) Director of the European Bank for Reconstruction Richard Vaughn Mecum, of Georgia, to be United and Development. States Marshal for the Northern District of Georgia James Howard Yellin, of Pennsylvania, to be Am- for the term of four years. bassador to the Republic of Burundi. Burton Stallwood, of Rhode Island, to be United Mark W. Everson, of Texas, to be Deputy Direc- States Marshal for the District of Rhode Island for tor for Management, Office of Management and the term of four years. Budget. Nancy J. Powell, of Iowa, to be Ambassador to John Edward Mansfield, of Virginia, to be a the Islamic Republic of Pakistan. Member of the Defense Nuclear Facilities Safety Frederick D. Gregory, of Maryland, to be Deputy Board for a term expiring October 18, 2006. (Re- Administrator of the National Aeronautics and Space appointment) Administration.

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Harry R. Hoglander, of Massachusetts, to be a Routine lists in the Army, Marine Corps, Navy. Member of the National Mediation Board for a term Pages S8029–33 expiring July 1, 2005. Measures Read First Time: Page S7894 Pages S7809–14, S8027–28, S8033–34 Executive Communications: Pages S7894–95 Nominations Received: Senate received the following nominations: Petitions and Memorials: Pages S7895–98 Charles E. Erdmann, of Colorado, to be a Judge Executive Reports of Committees: Pages S7898–99 of the United States Court of Appeals for the Armed Additional Cosponsors: Pages S7901–03 Forces for the term of fifteen years to expire on the Statements on Introduced Bills/Resolutions: date prescribed by law. Pages S7903–66 Wayne Abernathy, of Colorado, to be an Assistant Additional Statements: Pages S7878–94 Secretary of the Treasury. Joseph Huggins, of the District of Columbia, to Amendments Submitted: Pages S7966–S8005 be Ambassador to the Republic of Botswana. Authority for Committees to Meet: Pages S8005–06 Seth Cropsey, of the District of Columbia, to be Privilege of the Floor: Pages S8006–07 Director of the International Broadcasting Bureau, Record Votes: Five record votes were taken today. Broadcasting Board of Governors. (New Position) (Total—207) Pages S7774, S7807, S7809, S7815 Wendy Jean Chamberlin, of Virginia, to be an Adjournment: Senate met at 9:30 a.m., and ad- Assistant Administrator of the United States Agency journed, pursuant to the provisions of S. Con. Res. for International Development. 132, at 9:32 p.m., until 9:30 a.m., on Tuesday, Sep- Ruth Y. Goldway, of California, to be a Commis- tember 3, 2002. (For Senate’s program, see the re- sioner of the Postal Rate Commission for the term marks of the Acting Majority Leader in today’s expiring November 22, 2008. (Reappointment) Record on page S8029). Mark E. Fuller, of Alabama, to be United States District Judge for the Middle District of Alabama. Rosemary M. Collyer, of Maryland, to be United Committee Meetings States District Judge for the District of Columbia. (Committees not listed did not meet) Robert B. Kugler, of New Jersey, to be United States District Judge for the District of New Jersey. BUSINESS MEETING Jose L. Linares, of New Jersey, to be United States Committee on Agriculture, Nutrition, and Forestry: Com- District Judge for the District of New Jersey. mittee ordered reported, without recommendation, the nomination of Thomas C. Dorr, of Iowa, to be Freda L. Wolfson, of New Jersey, to be United a Member of the Board of Directors of the Com- States District Judge for the District of New Jersey. modity Credit Corporation, and to be Under Sec- Richard J. Holwell, of New York, to be United retary of Agriculture for Rural Development. States District Judge for the Southern District of New York. STRATEGIC OFFENSIVE REDUCTIONS Gregory L. Frost, of Ohio, to be United States TREATY District Judge for the Southern District of Ohio. Committee on Armed Services: Committee concluded Carol Chien-Hua Lam, of California, to be United open and closed hearings to examine the national se- States Attorney for the Southern District of Cali- curity implications of the Strategic Offensive Reduc- fornia for the term of four years. tions Treaty, also known as the Moscow Treaty Antonio Candia Amador, of California, to be (Treaty Doc. 107–8), after receiving testimony from United States Marshal for the Eastern District of Admiral James O. Ellis, USN, Commander, United California for the term of four years. States Strategic Command; Everet H. Beckner, Dep- Thomas Dyson Hurlburt, Jr., of Florida, to be uty Administrator for Defense Programs, National United States Marshal for the Middle District of Nuclear Security Administration, Department of En- Florida for the term of four years. ergy; Charles B. Curtis, Nuclear Threat Initiative, Christina Pharo, of Florida, to be United States Washington, D.C.; and Ashton B. Carter, Harvard Marshal for the Southern District of Florida for the University John F. Kennedy School of Government term of four years. Preventive Defense Project, Cambridge, Massachu- Dennis Arthur Williamson, of Florida, to be setts. United States Marshal for the Northern District of THE ROLE OF CHARITIES IN FINANCING Florida for the term of four years. TERRORIST ACTIVITIES Joseph R. Guccione, of New York, to be United Committee on Banking, Housing, and Urban Affairs: States Marshal for the Southern District of New Subcommittee on International Trade and Finance York for the term of four years. concluded oversight hearings to examine the role of Bruce R. James, of Nevada, to be Public Printer. charities and non-governmental organizations in the 2 Air Force nominations in the rank of general. financing of terrorist activities, after receiving testi- 2 Navy nominations in the rank of admiral. mony from Kenneth W. Dam, Deputy Secretary of

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the Treasury; Quintan Wiktorowicz, Rhodes College, IRAQ Memphis, Tennessee; and Matthew A. Levitt, Wash- Committee on Foreign Relations: Committee continued ington Institute for Near East Policy, and Peter hearings to examine threats, responses, and regional Gubser, American Near East Refugee Aid, on behalf considerations surrounding Iraq, receiving testimony of InterAction, both of Washington, D.C. from Samuel R. Berger, Stonebridge International, NOMINATIONS former National Security Advisor, Caspar Wein- berger, Forbes Magazine, former Secretary of De- Committee on Finance: Committee ordered favorably fense, Phebe Marr, National Defense University, and reported the nominations of Pamela F. Olson, of Vir- Rend Rahim Francke, Iraq Foundation, all of Wash- ginia, to be an Assistant Secretary of the Treasury; ington, D.C.; Sinan al-Shabibi, United Nations, Ge- and Charlotte A. Lane, of West Virginia, to be a neva, Switzerland; and Col. Scott R. Feil, USA Member of the United States International Trade (Ret.), Post-Conflict Reconstruction Project, Arling- Commission. ton, Virginia. Prior to this action, committee concluded hearings on the nomination of Pamela F. Olson (listed above), Hearings were recessed subject to call. after the nominee testified and answered questions in BUSINESS MEETING her own behalf. Committee on Health, Education, Labor, and Pensions: BUSINESS MEETING Committee ordered favorably reported the following Committee on Foreign Relations: Committee ordered fa- bills: vorably reported the following business items: S. 2394, to amend the Federal Food, Drug, and S. 2712, to authorize economic and democratic Cosmetic Act to require labeling containing informa- development assistance for Afghanistan and to au- tion applicable to pediatric patients; thorize military assistance for Afghanistan and cer- S. 2445, to establish a program to promote child tain other foreign countries, with an amendment in literacy by making books available through early the nature of a substitute; learning, child care, literacy, and nutrition programs; S. Res. 309, expressing the sense of the Senate and that Bosnia and Herzegovina should be congratu- The nominations of Edward J. Fitzmaurice, Jr., of lated on the 10th anniversary of its recognition by Texas, and Harry R. Hoglander, of Massachusetts, the United States, with an amendment; each to be a Member of the National Mediation S. Con. Res. 122, expressing the sense of Congress Board. that security, reconciliation, and prosperity for all Cypriots can be best achieved within the context of BUSINESS MEETING membership in the European Union which will pro- Committee on Indian Affairs: Committee ordered favor- vide significant rights and obligations for all Cyp- ably reported the following bills: riots, with an amendment in the nature of a sub- S. 1344, to provide training and technical assist- stitute; ance to Native Americans who are interested in com- H.R. 2121, to make available funds under the mercial vehicle driving careers, with an amendment Foreign Assistance Act of 1961 to expand democ- in the nature of a substitute; and racy, good governance, and anti-corruption programs S. 2017, to amend the Indian Financing Act of in the Russian Federation in order to promote and 1974 to improve the effectiveness of the Indian loan strengthen democratic government and civil society guarantee and insurance program, with an amend- and independent media in that country, with an ment in the nature of a substitute. amendment in the nature of a substitute; H.R. 4558, to extend the Irish Peace Process Cul- NATIVE YOUTH PROBLEMS tural and Training Program; Committee on Indian Affairs: Committee concluded Amendment to the Montreal Protocol on Sub- oversight hearings to examine problems facing Na- stances that Deplete the Ozone Layer (the ‘‘Montreal tive youth, focusing on health and substance abuse Protocol’’), adopted at Montreal on September and gangs, after receiving testimony from Neal 15–17, 1997, by the Ninth Meeting to the Parties McCaleb, Assistant Secretary, and Bill Mehojah, Di- to the Montreal Protocol (Treaty Doc. 106–10); rector, Office of Indian Education Programs, both of Amendment to the Montreal Protocol on Sub- the Bureau of Indian Affairs, Department of the In- stances that Deplete the Ozone Layer (the ‘‘Montreal terior; John P. Walters, Director, Office of National Protocol’), adopted at Beijing on December 3, 1999, Drug Control Policy; Vincent M. Biggs, Amherst, by the Eleventh Meeting of the Parties to the Mon- Massachusetts, on behalf of the American Academy treal Protocol (the ‘‘Beijing Amendment’’) (Treaty of Pediatrics; Daniel N. Lewis, Boys and Girls Clubs Doc.106–32); and of America, Scottsdale, Arizona; J.R. Cook and Te- The nominations of Nancy J. Powell, of Iowa, to resa Dorsett, both of the United National Indian be Ambassador to the Islamic Republic of Pakistan, Tribal Youth, Inc., Oklahoma City, Oklahoma; and and Richard L. Baltimore III, of New York, to be Nick Lowrey, Native Visions, Inc., McLean, Vir- Ambassador to the Sultanate of Oman. ginia.

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HOOPA YUROK SETTLEMENT ACT NOMINATIONS Committee on Indian Affairs: Committee concluded Committee on the Judiciary: Committee concluded oversight hearings to examine the Secretary of the hearings on the nominations of Reena Raggi, of New Interior’s Report on the Hoopa Yurok Settlement York, to be United States Circuit Judge for the Sec- Act (Public Law 100–580), focusing on its imple- ond Circuit, Lawrence J. Block, of Virginia, to be a mentation and certain recommendations for a final Judge of the United States Court of Federal Claims, and just settlement of the legal, financial, and eco- James Knoll Gardner, to be United States District nomic issues which remain unresolved, after receiv- Judge for the Eastern District of Pennsylvania, and ing testimony from Neal A. McCaleb, Assistant Sec- Ronald H. Clark, to be United States District Judge retary of Interior for Indian Affairs; Clifford Lyle for the Eastern District of Texas, after the nominees Marshall, Sr., and Joseph Jarnaghan, both of the testified and answered questions in their own behalf. Hoopa Valley Tribal Council, Hoopa, California; Ms. Raggi was introduced by Senators Schumer and Thomas Schlosser, Morisett, Schlosser, Homer, Clinton, Mr. Block was introduced by Senator Jozwiak, and McGaw Law Firm, Washington, D.C.; Hatch, Mr. Gardner was introduced by Senator Spec- and Susan Masten, Yurok Tribe, Klamath, Cali- ter and Santorum, and Mr. Clark was introduced by fornia. Senators Gramm and Hutchison. h House of Representatives COMMITTEE MEETINGS FOR FRIDAY, Chamber Action AUGUST 2, 2002 The House was not in session today. Pursuant to (Committee meetings are open unless otherwise indicated) the provisions of S. Con. Res. 132, the House stands adjourned for the Summer District Work Period Senate until 2 p.m. on Wednesday, September 4, 2002. Committee on Indian Affairs: to hold hearings on S. 958, to provide for the use and distribution of the funds awarded to the Western Shoshone identifiable group Committee Meetings under Indian Claims Commission Docket Numbers 326–A–1, 326–A–3, 326–K, 2 p.m., SD–106. No committee meetings were held. House No committee meetings are scheduled.

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Re´sume´ of Congressional Activity

SECOND SESSION OF THE ONE HUNDRED SEVENTH CONGRESS The first table gives a comprehensive re´sume´ of all legislative business transacted by the Senate and House. The second table accounts for all nominations submitted to the Senate by the President for Senate confirmation.

DATA ON LEGISLATIVE ACTIVITY DISPOSITION OF EXECUTIVE NOMINATIONS January 23 through July 31, 2002 January 23 through July 31, 2002

Senate House Total Civilian nominations, totaling 509 (including 163 nominations carried Days in session ...... 105 85 . . over from the First Session), disposed of as follows: ′ ′ Time in session ...... 733 hrs., 59 575 hrs., 25 .. Confirmed ...... 249 Congressional Record: Unconfirmed ...... 253 Pages of proceedings ...... 7,708 5,999 . . Withdrawn ...... 7 Extensions of Remarks ...... 1,480 . . Public bills enacted into law ...... 16 52 68 Other Civilian nominations, totaling 1,396 (including 535 nomina- Private bills enacted into law ...... tions carried over from the First Session), disposed of as follows: Bills in conference ...... 10 10 . . Confirmed ...... 1,123 Measures passed, total ...... 219 357 576 Unconfirmed ...... 273 Senate bills ...... 41 16 . . House bills ...... 62 171 . . Air Force nominations, totaling 5,638 (including 4 nominations car- Senate joint resolutions ...... 1 2 . . ried over from the First Session), disposed of as follows: House joint resolutions ...... 2 3 . . Confirmed ...... 5,231 Senate concurrent resolutions ...... 21 8 . . Unconfirmed ...... 407 House concurrent resolutions ...... 17 47 . . Simple resolutions ...... 75 110 . . Army nominations, totaling 2,386 (including 53 nominations carried Measures reported, total ...... 187 260 447 over from the First Session), disposed of as follows: Senate bills ...... 107 6 . . House bills ...... 44 169 . . Confirmed ...... 1,924 Senate joint resolutions ...... 2 1 . . Unconfirmed ...... 462 House joint resolutions ...... 3 . . Navy nominations, totaling 4,419, disposed of as follows: Senate concurrent resolutions ...... 7 . . . . House concurrent resolutions ...... 3 11 . . Confirmed ...... 3,049 Simple resolutions ...... 24 70 . . Unconfirmed ...... 1,370 Special reports ...... 5 5 . . Conference reports ...... 1 7 . . Marine Corps nominations, totaling 3,003, disposed of as follows: Measures pending on calendar ...... 229 92 . . Confirmed ...... 2,976 Measures introduced, total ...... 1,115 2,079 3,194 Unconfirmed ...... 27 Bills ...... 947 1,705 . . Joint resolutions ...... 12 28 . . Summary Concurrent resolutions ...... 40 160 . . Simple resolutions ...... 116 186 . . Total Nominations carried over from the First Session ...... 788 Quorum calls ...... 2 1 . . Total Nominations received this Session ...... 16,563 Yea-and-nay votes ...... 202 207 . . Total Confirmed ...... 14,552 Recorded votes ...... 162 . . Total Unconfirmed ...... 2,792 Bills vetoed ...... Total Withdrawn ...... 7 Vetoes overridden ...... Total Returned to the White House ...... 0

* These figures include all measures reported, even if there was no accompanying report. A total of 97 reports have been filed in the Senate, a total of 272 reports have been filed in the House.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Tuesday, September 3 2 p.m., Wednesday, September 4

Senate Chamber House Chamber Program for Tuesday: Senate will resume consideration Program for Monday: To be announced. of the motion to proceed to consideration of H.R. 5005, Homeland Security Act, with a vote to occur on the motion to proceed to the bill; following which Senate will recess until 2:15 p.m., for their respective party conferences.

E PL UR UM IB N U U S The public proceedings of each House of Congress, as reported by the Official Reporters thereof, are printed pursuant to directions Congressional Record of the Joint Committee on Printing as authorized by appropriate provisions of Title 44, United States Code, and published for each day that one or both Houses are in session, excepting very infrequent instances when two or more unusually small consecutive issues are printed at one time. ¶ Public access to the Congressional Record is available online through GPO Access, a service of the Government Printing Office, free of charge to the user. The online database is updated each day the Congressional Record is published. The database includes both text and graphics from the beginning of the 103d Congress, 2d session (January 1994) forward. It is available through GPO Access at www.gpo.gov/gpoaccess. Customers can also access this information with WAIS client software, via telnet at swais.access.gpo.gov, or dial-in using communications software and a modem at (202) 512–1661. Questions or comments regarding this database or GPO Access can be directed to the GPO Access User Support Team at: E-Mail: [email protected]; Phone 1–888–293–6498 (toll-free), 202–512–1530 (D.C. area); Fax: 202–512–1262. The Team’s hours of availability are Monday through Friday, 7:00 a.m. to 5:30 p.m., Eastern Standard Time, except Federal holidays. ¶ The Congressional Record paper and 24x microfiche will be furnished by mail to subscribers, free of postage, at the following prices: paper edition, $211.00 for six months, $422.00 per year, or purchased for $5.00 per issue, payable in advance; microfiche edition, $141.00 per year, or purchased for $1.50 per issue payable in advance. The semimonthly Congressional Record Index may be purchased for the same per issue prices. To place an order for any of these products, visit the U.S. Government Online Bookstore at: bookstore.gpo.gov. Mail orders to: Superintendent of Documents, P.O. Box 371954, Pittsburgh, PA 15250–7954, or phone orders to (866) 512–1800 (toll free), (202) 512–1800 (D.C. Area), or fax to (202) 512–2250. Remit check or money order, made payable to the Superintendent of Documents, or use VISA, MasterCard, Discover, American Express, or GPO Deposit Account. ¶ Following each session of Congress, the daily Congressional Record is revised, printed, permanently bound and sold by the Superintendent of Documents in individual parts or by sets. ¶ With the exception of copyrighted articles, there are no restrictions on the republication of material from the Congressional Record.

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