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, MONDAY, JUNE 10, 2002 No. 75 House of Representatives The House met at 2 p.m. and was Pursuant to clause 1, rule I, the Jour- EXECUTIVE COMMUNICATIONS, called to order by the Speaker pro tem- nal stands approved. ETC. pore (Mr. PETRI). f Under clause 8 of rule XII, executive f PLEDGE OF ALLEGIANCE communications were taken from the Speaker’s table and referred as follows: DESIGNATION OF THE SPEAKER The SPEAKER pro tempore. The PRO TEMPORE 7247. A letter from the Air Force Federal Chair will lead the House in the Pledge Register Liaison Officer Plans and Policy Di- The SPEAKER pro tempore laid be- of Allegiance. rectorate, Department of Defense, transmit- fore the House the following commu- The SPEAKER pro tempore led the ting the Department’s final rule—Installa- nication from the Speaker: Pledge of Allegiance as follows: tion Entry Policy, Civil Disturbance Inter- WASHINGTON, DC, I pledge allegiance to the Flag of the vention and Disaster Assistance (RIN: 0701– June 10, 2002. United States of America, and to the Repub- AA64) received May 22, 2002, pursuant to 5 I hereby appoint the Honorable THOMAS E. lic for which it stands, one nation under God, U.S.C. 801(a)(1)(A); to the Committee on PETRI to act as Speaker pro tempore on this indivisible, with liberty and justice for all. Armed Services. day. 7248. A letter from the Legislative and Reg- f J. DENNIS HASTERT, ulatory Activities Division, Comptroller of Speaker of the House of Representatives. COMMUNICATION FROM THE the Currency, Department of the Treasury, f CLERK OF THE HOUSE transmitting the Department’s final rule— Assessment of Fees [Docket No. 02–08] (RIN: PRAYER The SPEAKER pro tempore laid be- 1557–AC07) received May 28, 2002, pursuant to The Chaplain, the Reverend Daniel P. fore the House the following commu- 5 U.S.C. 801(a)(1)(A); to the Committee on Fi- Coughlin, offered the following prayer: nication from the Clerk of the House of nancial Services. Representatives: 7249. A letter from the Managing Director, Lord God, people around the world Federal Housing Finance Board, transmit- OFFICE OF THE CLERK, find themselves living in scary times. ting the Board’s final rule—Rules of Practice Each morning new and disastrous HOUSE OF REPRESENTATIVES, Washington, DC, June 7, 2002. and Procedure [No. 2002–03] (RIN: 3069–AB03) alarms can ring. Calm every fear. For- received May 28, 2002, pursuant to 5 U.S.C. Hon. J. DENNIS HASTERT, tify the resolve of indiscriminate jus- The Speaker, House of Representatives, 801(a)(1)(A); to the Committee on Financial tice. Protect the innocent. Washington, DC. Services. 7250. A letter from the Attorney-Advisor, We thank You for those who are on DEAR MR. SPEAKER: Pursuant to the per- the job in their public service to shield mission granted in Clause 2(h) of Rule II of Department of Transportation, transmitting the Rules of the U.S. House of Representa- the Department’s final rule—Federal Motor and protect fellow citizens. As we seek Vehicle Safety Standards; Air Brake Sys- to strengthen homeland security in tives, the Clerk received the following mes- sage from the Secretary of the Senate on tems [Docket No. NHTSA–02–12053] (RIN: this country, empower us with compas- 2127–AI48) received May 23, 2002, pursuant to sion for those who live in far worse June 7, 2002 at 9:46 a.m. That the Senate agreed to conference re- 5 U.S.C. 801(a)(1)(A); to the Committee on conditions than ours. port S. 1372. Energy and Commerce. Awaken in all human hearts around With best wishes, I am 7251. A letter from the Deputy Director, the globe a respect for human life and Sincerely, Defense Security Assistance Agency, trans- mitting a report containing an analysis and concern for the family members of oth- JEFF TRANDAHL, ers. You alone, O Lord, are our true Clerk of the House. description of services performed by full- time USG employees during Fiscal Year 2001, and lasting defense and the author of f pursuant to 22 U.S.C. 2765(a); to the Com- life, as well as unconditional love. We ADJOURNMENT mittee on International Relations. need to recognize Your Spirit within 7252. A letter from the Director, White ourselves and in all our brothers and The SPEAKER pro tempore. Without House Liaison, Department of Commerce, sisters of the human family. Now and objection the House stands adjourned transmitting a report pursuant to the Fed- forever. Amen. until 12:30 p.m. tomorrow for morning eral Vacancies Reform Act of 1998; to the Committee on Government Reform. f hour debates. There was no objection. 7253. A letter from the Director, White THE JOURNAL Accordingly (at 2 o’clock and 4 min- House Liaison, Department of Commerce, transmitting a report pursuant to the Fed- The SPEAKER pro tempore. The utes p.m.), under its previous order, the eral Vacancies Reform Act of 1998; to the Chair has examined the Journal of the House adjourned until tomorrow, Tues- Committee on Government Reform. last day’s proceedings and announces day, June 11, 2002, at 12:30 p.m., for 7254. A letter from the Director, White to the House his approval thereof. morning hour debates. House Liaison, Department of Commerce,

b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

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VerDate 11-MAY-2000 01:54 Jun 11, 2002 Jkt 099060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A10JN7.000 pfrm12 PsN: H10PT1 H3296 CONGRESSIONAL RECORD — HOUSE June 10, 2002 transmitting a report pursuant to the Fed- 7267. A letter from the Program Analyst, ment’s final rule—Safety Zone and Anchor- eral Vacancies Reform Act of 1998; to the FAA, Department of Transportation, trans- age Regulations; Chicago Harbor, Chicago, Committee on Government Reform. mitting the Department’s final rule—Estab- Illinois [CGD 09–02–013] (RIN: 2115–AA98 and 7255. A letter from the Director, White lishment of Class E Airspace; Walhalla, ND 2115–97) received May 23, 2002, pursuant to 5 House Liaison, Department of Commerce, [Airspace Docket No. 10–AGL–13] received U.S.C. 801(a)(1)(A); to the Committee on transmitting a report pursuant to the Fed- May 17, 2002, pursuant to 5 U.S.C. Transportation and Infrastructure. eral Vacancies Reform Act of 1998; to the 801(a)(1)(A); to the Committee on Transpor- 7278. A letter from the Program Analyst, Committee on Government Reform. tation and Infrastructure. FAA, Department of Transportation, trans- 7256. A letter from the Director, White 7268. A letter from the Program Analyst, mitting the Department’s final rule—Modi- House Liaison, Department of Commerce, FAA, Department of Transportation, trans- fication of Class E Airspace; St. James, MN transmitting a report pursuant to the Fed- mitting the Department’s final rule—Modi- [Airspace Docket No. 01–AGL–05] received eral Vacancies Reform Act of 1998; to the fication of Class E Airspace; Greenville, MI May 17, 2002, pursuant to 5 U.S.C. Committee on Government Reform. [Airspace Docket No. 01–AGL–02] received 801(a)(1)(A); to the Committee on Transpor- 7257. A letter from the Director, White May 17, 2002, pursuant to 5 U.S.C. tation and Infrastructure. House Liaison, Department of Commerce, 801(a)(1)(A); to the Committee on Transpor- 7279. A letter from the Chief, Regulations transmitting a report pursuant to the Fed- tation and Infrastructure. and Administrative Law, USCG, Department eral Vacancies Reform Act of 1998; to the 7269. A letter from the Program Analyst, of Transportation, transmitting the Depart- Committee on Government Reform. FAA, Department of Transportation, trans- ment’s final rule—Safety Zone; Ohio River 7258. A letter from the Director, White mitting the Department’s final rule—Estab- Miles 355.5 to 356.5, Portsmouth, Ohio [COTP House Liaison, Department of Commerce, lishment of Class E Airspace; Lake Geneva, Huntington–02–004] (RIN: 2115–AA97) received transmitting a report pursuant to the Fed- WI [Airspace Docket No. 01–AGL–03] received May 23, 2002, pursuant to 5 U.S.C. eral Vacancies Reform Act of 1998; to the May 17, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Transpor- Committee on Government Reform. 801(a)(1)(A); to the Committee on Transpor- tation and Infrastructure. 7259. A letter from the Deputy Secretary, 7280. A letter from the Chief, Regulations Department of Defense, transmitting notifi- tation and Infrastructure. 7270. A letter from the Program Analyst, and Administrative Law, USCG, Department cation to delay submission of the Depart- FAA, Department of Transportation, trans- of Transportation, transmitting the Depart- ment’s performance report for FY 2001; to mitting the Department’s final rule—Modi- ment’s final rule—Safety Zone; Kanawha the Committee on Government Reform. fication of Class D Airspace; Columbus, OH River Miles 56.0 to 57.0, Charleston, West Vir- 7260. A letter from the Head, Human Re- ginia [COTP Huntington–02–002] (RIN: 2115– sources Support Branch Personal and Family [Airspace Docket No. 01–AGL–14] received May 17, 2002, pursuant to 5 U.S.C. AA97) received May 23, 2002, pursuant to 5 Readines Division By direction of Com- U.S.C. 801(a)(1)(A); to the Committee on mandant of Marine Corps, Department of De- 801(a)(1)(A); to the Committee on Transpor- tation and Infrastructure. Transportation and Infrastructure. fense, transmitting the annual report for 7281. A letter from the Chief, Regulations 7271. A letter from the Program Analyst, 2000 of the Retirement Plan for Civilian Em- and Administrative Law, USCG, Department FAA, Department of Transportation, trans- ployees of the United States Marine Corps of Transportation, transmitting the Depart- mitting the Department’s final rule—Modi- Personal and Family Readiness Divison, Mis- ment’s final rule—Safety Zone; Ohio River fication of Class E Airspace; Daggett, CA cellaneous Nonappropriated Fund Instru- Miles 307.0 to 308.0, Huntington, West Vir- [Airspace Docket No. 99–AWP–24] received mentalities, pursuant to 31 U.S.C. ginia [COTP Huntington–02–003] (RIN: 2115– May 17, 2002, pursuant to 5 U.S.C. 9503(a)(1)(B); to the Committee on Govern- AA97) received May 23, 3002, pursuant to 5 801(a)(1)(A); to the Committee on Transpor- ment Reform. U.S.C. 801(a)(1)(A); to the Committee on tation and Infrastructure. 7261. A letter from the Director, Office of Transportation and Infrastructure. Personnel Management, transmitting the Of- 7272. A letter from the Program Analyst, 7282. A letter from the Chief, Regulations fice’s final rule—Administratively Uncon- FAA, Department of Transportation, trans- and Administrative Law, USCG, Department trollable Overtime Pay (RIN: 3206–AJ57) re- mitting the Department’s final rule—Estab- of Transportation, transmitting the Depart- ceived May 28, 2002, pursuant to 5 U.S.C. lishment of Class D Airspace; Greenville ment’s final rule—Safety Zone; Chelsea 801(a)(1)(A); to the Committee on Govern- Donaldson Center, SC, Amendment of Class River Safety Zone for McArdle Bridge Re- ment Reform. E2 Airspace; Greer, Greenville-Spartanburg pairs, Chelsea River, East Boston, Massachu- 7262. A letter from the Assistant Secretary Airport, SC, and Amendment of Class E5 Air- setts [CGD01–02–058] (RIN: 2115–AA97) re- of the Interior, Department of the Interior, space; Greenville, SC [Airspace Docket No. ceived May 23, 3002, pursuant to 5 U.S.C. transmitting the Department’s final rule— 02–ASO–4] received May 17, 2002, pursuant to 801(a)(1)(A); to the Committee on Transpor- Locating, Recording, and Maintaining Min- 5 U.S.C. 801(a)(1)(A); to the Committee on tation and Infrastructure. ing Claims or Sites [WO–620–1430–00–24 1A] Transportation and Infrastructure. 7283. A letter from the Administrator, Fed- (RIN: 1004–AD52) received May 29, 2002, pur- 7273. A letter from the Program Analyst, eral Motor Carrier Safety Administration, suant to 5 U.S.C. 801(a)(1)(A); to the Com- FAA, Department of Transportation, trans- Department of Transportation, transmitting mittee on Resources. mitting the Department’s final rule—Re- a report entitled, ‘‘International Border 7263. A letter from the Acting Director, Of- alignment of Federal Airway V–385; TX Commercial Motor Vehicle Safety Enforce- fice of Sustainable Fisheries, NMFS, Na- [Docket No. FAA–2001–10743; Airspace Docket ment Staffing Standard’’; to the Committee tional Oceanic and Atmospheric Administra- No. 01–ASW–16] received May 17, 2002, pursu- on Transportation and Infrastructure. tion, transmitting the Administration’s final ant to 5 U.S.C. 801(a)(1)(A); to the Committee 7284. A letter from the transmitting the rule—Fisheries off West Coast States and in on Transportation and Infrastructure. Department’s final rule—pursuant to 5 the Western Pacific; Coastal Pelagic Species 7274. A letter from the Program Analyst, U.S.C. 801(a)(1)(A); to the Committee on Fisheries; Reallocation of Pacific Sardine FAA, Department of Transportation, trans- Transportation and Infrastructure. [Docket No. 001215358–0358–01; 101601A] re- mitting the Department’s final rule—Revi- 7285. A letter from the Chief, Regulations ceived May 29, 2002, pursuant to 5 U.S.C. sion of Class E Airspace, Greely, CO [Air- Unit, Internal Revenue Service, transmitting 801(a)(1)(A); to the Committee on Resources. space Docket No. 00–ANM–34] received May the Service’s final rule—Last-in, First-out 7264. A letter from the Program Analyst, 17, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to Inventories (Rev. Rul. 2002– 37) received May FAA, Department of Transportation, trans- the Committee on Transportation and Infra- 31, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to mitting the Department’s final rule—Estab- structure. the Committee on Ways and Means. lishment of Class E Airspace; Boyceville, WI 7275. A letter from the Program Analyst, 7286. A letter from the Chief, Regulations [Airspace Docket No. 01–AGL–12] received FAA, Department of Transportation, trans- Unit, Internal Revenue Service, transmitting May 17, 2002, pursuant to 5 U.S.C. mitting the Department’s final rule—Revi- the Service’s final rule—Reimbursements 801(a)(1)(A); to the Committee on Transpor- sion of Federal Airway V–220; NE [Docket and other expense allowance arrangements tation and Infrastructure. No. FAA–2002–12007; Airspace Docket No. 02– (Rev. Rul. 2002–35) received May 31, 2002, pur- 7265. A letter from the Program Analyst, ACE–02] received May 17, 2002, pursuant to 5 suant to 5 U.S.C. 801(a)(1)(A); to the Com- FAA, Department of Transportation, trans- U.S.C. 801(a)(1)(A); to the Committee on mittee on Ways and Means. mitting the Department’s final rule—Modi- Transportation and Infrastructure. 7287. A letter from the Chief, Regulations fication of Class E Airspace; Manistee, MI 7276. A letter from the Chief, Regulations Unit, Internal Revenue Service, transmitting [Airspace Docket No. 01–AGL–11] received and Administrative Law, USCG, Department the Service’s final rule—Reimbursements May 17, 2002, pursuant to 5 U.S.C. of Transportation, transmitting the Depart- and other expense allowance arrangements 801(a)(1)(A); to the Committee on Transpor- ment’s final rule—Drawbridge Operation (Rev. Proc. 2002–41) received May 31, 2002, tation and Infrastructure. Regulations: Long Island, New York Inland pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 7266. A letter from the Program Analyst, Waterway from East Rockaway Inlet to mittee on Ways and Means. FAA, Department of Transportation, trans- Shinnecock Canal, NY [CGD01–02–053] (RIN: 7288. A letter from the Chief, Regulations mitting the Department’s final rule—Modi- 2115–AE47) received May 23, 2002, pursuant to Unit, Internal Revenue Service, transmitting fication of Class E Airspace; Winona, MN 5 U.S.C. 801(a)(1)(A); to the Committee on the Service’s final rule—Administrative, [Airspace Docket No. 01–AGL–04] received Transportation and Infrastructure. Procedural, and Miscellaneous (Rev. Proc. May 17, 2002, pursuant to 5 U.S.C. 7277. A letter from the Chief, Regulations 2002–41) received May 31, 2002, pursuant to 5 801(a)(1)(A); to the Committee on Transpor- and Administrative Law, USCG, Department U.S.C. 801(a)(1)(A); to the Committee on tation and Infrastructure. of Transportation, transmitting the Depart- Ways and Means.

VerDate 11-MAY-2000 01:54 Jun 11, 2002 Jkt 099060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\L10JN7.000 pfrm12 PsN: H10PT1 June 10, 2002 CONGRESSIONAL RECORD — HOUSE H3297 7289. A letter from the Chief, Regulations May 29, 2002, pursuant to 5 U.S.C. H.R. 1462. Referral to the Committee on Unit, Internal Revenue Service, transmitting 801(a)(1)(A); to the Committee on Ways and Agriculture extended for a period ending not the Service’s final rule—Extension of Time Means. later than July 19, 2002. for Filing Returns (Rev. Rul. 2002–23) re- 7295. A letter from the Chief, Regulations ceived May 29, 2002, pursuant to 5 U.S.C. Unit, Internal Revenue Service, transmitting f 801(a)(1)(A); to the Committee on Ways and the Service’s final rule—Determination of Means. Issue Price in the Case of Certain Debt In- 7290. A letter from the Chief, Regulations struments Issued for Property (Rev. Rul. ADDITIONAL SPONSORS Unit, Internal Revenue Service, transmitting 2002–17) received May 29, 2002, pursuant to 5 Under clause 7 of rule XII, sponsors the Service’s final rule—Tax Avoidance U.S.C. 801(a)(1)(A); to the Committee on were added to public bills and resolu- Using Notional Principal Contracts (Notice Ways and Means. tions as follows: 2002–35) received May 29, 2002, pursuant to 5 7296. A letter from the Regulations Coordi- U.S.C. 801(a)(1)(A); to the Committee on nator, Department of Health and Human H.R. 1784: Mr. MCDERMOTT. Ways and Means. Services, transmitting the Department’s H.R. 3377: Mr. BRYANT, Mr. SIMMONS, and 7291. A letter from the Chief, Regulations final rule—Medicare Program; Notice of Mr. MORAN of Kansas. Unit, Internal Revenue Service, transmitting Modification of Beneficiary Assessment Re- H.R. 3741: Mr. WATKINS. the Service’s final rule—Notional Principal quirements for Skilled Nursing Facilities H.R. 3797: Mr. MEEKS of New York, Mr. Contracts (Rev. Rul. 2002–30) received May [CMS–1209–N] received May 30, 2002, pursuant QUINN, Mr. GRUCCI, Mrs. LOWEY, Mr. 29, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to to 5 U.S.C. 801(a)(1)(A); jointly to the Com- SERRANO, Mr. OWENS, Mr. WEINER, Mr. RAN- the Committee on Ways and Means. mittees on Ways and Means and Energy and GEL, Mrs. KELLY, Ms. SLAUGHTER, and Ms. 7292. A letter from the Chief, Regulations Commerce. VELAZQUEZ. Unit, Internal Revenue Service, transmitting 7297. A letter from the Regulations Coordi- H.R. 3831: Mr. GOODE. the Service’s final rule—Rules and regula- nator, Department of Health and Human H.R. 3884: Mr. VISCLOSKY and Mr. CLAY. tions (Rev. Proc. 2002–25) received May 31, Services, transmitting the Department’s H.R. 4606: Mr. MCNULTY, Mr. MENENDEZ, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the final rule—Health Insurance Reform: Stand- Mr. KING, and Mr. HINCHEY. Committee on Ways and Means. ard Unique Employer Identifier [CMS–0047– H.R. 4607: Mr. SCHIFF. 7293. A letter from the Chief, Regulations F] (RIN: 0938–AI59) received May 30, 2002, pur- H.R. 4611: Mr. SMITH of Washington, Mr. Unit, Internal Revenue Service, transmitting suant to 5 U.S.C. 801(a)(1)(A); jointly to the HONDA, Mr. CARDIN, and Ms. SCHAKOWSKY. the Service’s final rule—Rulings and deter- Committees on Ways and Means and Energy H.R. 4635: Mr. BRYANT, Mr. PLATTS, and mination letters (Rev. Proc. 2002–22) received and Commerce. Mr. LINDER. May 29, 2002, pursuant to 5 U.S.C. H.R. 4699: Mr. GILMAN, Mr. TOWNS, Mr. f 801(a)(1)(A); to the Committee on Ways and STENHOLM, Mr. GOODE, and Mr. SOUDER. Means. TIME LIMITATION OF REFERRED H.R. 4734: Mr. GALLEGLY. 7294. A letter from the Chief, Regulations BILL H. Con. Res. 401: Mr. DOYLE, Mr. TIERNEY, Unit, Internal Revenue Service, transmitting Ms. MCCOLLUM, Ms. SCHAKOWSKY, and Mrs. the Service’s final rule—Request for Com- Pursuant to clause 2 of rule XII the TAUSCHER. ments on Items for 2002–2002 Published Guid- following action was taken by the H. Res. 269: Mr. DOYLE. ance Priority List (Notice 2002–22) received Speaker: H. Res. 416: Mr. PLATTS.

VerDate 11-MAY-2000 01:54 Jun 11, 2002 Jkt 099060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\L10JN7.000 pfrm12 PsN: H10PT1 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, MONDAY, JUNE 10, 2002 No. 75 Senate The Senate met at 2 p.m. and was APPOINTMENT OF ACTING MONITORING OF LOBBYISTS called to order by the Honorable HARRY PRESIDENT PRO TEMPORE Mr. REID. Mr. President, in this REID, a Senator from the State of Ne- The PRESIDING OFFICER. The morning’s paper I was stunned to read vada. clerk will please read a communication a headline but more stunned to read to the Senate from the President pro the story itself. It is in the Washington PRAYER tempore (Mr. BYRD). Post, titled ‘‘GOP Monitoring Lobby- The Chaplain, Dr. Lloyd John The assistant legislative clerk read ists’ Politics.’’ Ogilvie, offered the following prayer: the following letter: Among other things, the article says: Republicans are researching the party af- Almighty God, thank You for the gift U.S. SENATE, filiation and political contributions of hun- of imagination You have entrusted to PRESIDENT PRO TEMPORE, dreds of lobbyists in Washington, part of a Washington, DC, June 10, 2002. us. With our imaginations You have campaign that could deny government access To the Senate: enabled us to form, hold, and achieve and prime lobbying jobs to Democrats. . . . Under the provisions of rule I, paragraph 3, images of what You can make possible. Copies of the bulky dossier, being compiled Coupled with the gifts of hope and ex- of the Standing Rules of the Senate, I hereby . . . will be given to top White House offi- appoint the Honorable HARRY REID, a Sen- cials. . . . Early drafts of the report are al- pectation, You help us imagine Your ator from the State of Nevada, to perform best for us and our Nation. ready in the hands of a few senior adminis- the duties of the Chair. tration officials and lawmakers . . . The re- Now at the beginning of this new ROBERT C. BYRD, port, dubbed the K Street Project, has been week, we form and hold a positive pic- President pro tempore. evolving in fits and starts over the past few ture of this Senate Chamber filled with Mr. REID thereupon assumed the years, but has been expedited and expanded Your presence. Knowing that we are chair as Acting President pro tempore. now that Republicans control the White accountable to You for every thought House and Federal agencies. Several Repub- we think and word we speak, we con- f lican lobbyists have complained that they template how we should act and react aren’t getting the access to Federal agencies RESERVATION OF LEADER TIME they feel they deserve. under the guidance of Your Spirit. We Republicans involved in the effort said hold the image of how You want us to The ACTING PRESIDENT pro tem- they plan for it to be used by White House relate to others as fellow Americans pore. Under the previous order, the officials, lawmakers and staff to determine who also believe in You and want Your leadership time is reserved. who can meet with party leaders in discus- vision for our Nation. We sense the ci- sions of policy matters. f vility and greatness of character You If there was ever anything that was want from us. Help us to express to MORNING BUSINESS immoral, wrong, and scandalous, this others the same kindness, gracious- was it. To think that people who have The ACTING PRESIDENT pro tem- ness, and respect we have received from jobs—you can pick any company you pore. Under the previous order, there You. want—they hire somebody or they have will now be a period for the transaction So we renew our dedication to You. worked for a number of years and they of morning business not to extend be- We are Your daughters and sons in are going to check to see what party yond the hour of 3 p.m., with Senators Your eternal inclusive family. In loy- they belong to as to whether or not permitted to speak therein for up to 10 alty to You, we commit ourselves to they can meet with a Federal agency, minutes, with the time equally divided work together for Your glory and the that is really bad. I do not think it is between the two leaders or their des- good of our beloved Nation. You are criminal, but I think it is on the verge ignees. our Lord and Saviour. Amen. of being criminal. In my capacity as Senator from Ne- This sets a very dangerous precedent. vada, I suggest the absence of a This, in my opinion, is tantamount to f quorum. McCarthyism. It involves the practice The clerk will call the roll. of compiling a new enemy’s list to be PLEDGE OF ALLEGIANCE The assistant legislative clerk pro- circulated out of the administration The Honorable HARRY REID, a Sen- ceeded to call the roll. and the Hill. Maybe we should include, ator from the State of Nevada, led the (Mr. AKAKA assumed the chair.) rather than just McCarthy, Nixon. This Pledge of Allegiance as follows: Mr. REID. Mr. President, I ask unan- appears to be something that would I pledge allegiance to the Flag of the imous consent that the order for the have happened during the Watergate United States of America, and to the Repub- quorum call be rescinded. years. Enemies are those who belong to lic for which it stands, one nation under God, The PRESIDING OFFICER. Without or support the Democratic Party. They indivisible, with liberty and justice for all. objection, it is so ordered. are targeted.

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

S5261

. S5262 CONGRESSIONAL RECORD — SENATE June 10, 2002 President Bush, during the campaign, this. Today’s story about his sup- particularly in the past, and we said he wanted to change the tone of porters secretly compiling a new en- haven’t dealt with it certainly to the things in Washington. The tone has not emies list changes both the tone and extent we are now and which we must been changed. Someone should get to the clock, but it changes it in the in the future. the President and say this has got to wrong direction. We do not want to I will admit—as you will probably de- stop. I cannot imagine President Bush turn the clock back to Nixonian- tect—that I am not an expert on this at liking this. If he does, it speaks vol- McCarthyism. all. As a matter of fact, I am not on umes. I suggest the absence of a quorum. committees that are basically involved Top White House officials have said The PRESIDING OFFICER. The with it. But I am a bit disturbed about he wanted to change the tone in Wash- clerk will call the roll. the reaction to the President’s Cabi- ington, but today we learn he is work- The assistant legislative clerk pro- net-level plan he announced last week. ing in tandem with those keeping se- ceeded to call the roll. The critics have been very vocal about cret lists of people’s personal activity Mr. REID. Mr. President, I ask unan- not having a plan. We have been hear- for intimidation, professional retalia- imous consent that the order for the ing that now for a number of months— tion, or maybe even character assas- quorum call be rescinded. that Tom Ridge has not been doing sinations. The PRESIDING OFFICER. Without what we need to do; that he doesn’t It is not enough they block access to objection, it is so ordered. have the authority which we need to all non-Republicans. The story indi- f have for him to be able to accomplish cates that the ‘‘chief aim is to prod what is going on here. Fairly high level trade associations, lobbying firms, and MEASURES PLACED ON THE criticism has been taking place. It is corporations to hire more Republicans CALENDAR—S. 2600 AND H.R. 2143 interesting. The critics for not having to represent them in Washington.’’ Mr. REID. Mr. President, there are a plan are now just about as vocal It is somewhat ironic the party most two bills at the desk due for a second about the plan the President has pro- opposed to affirmative action supports reading. vided. I think that certainly is a its application when it comes to hiring The PRESIDING OFFICER. The Sen- strange kind of thing and one that is lobbyists. They support affirmative ac- ator is correct. not helpful to accomplishing what we tion when it comes to the hiring of Re- Mr. REID. I ask unanimous consent want to accomplish. publican lobbyists but oppose it when that it be in order to read the two bills I think there is no question that a it comes to helping a minority gain en bloc, and then I would object to any plan of this size and of this importance entry to college. further proceedings at this time with will be altered before it is put into The person behind this secret list is a respect to these measures. place. I do not know of any plan this frequent adviser and a visitor to the The PRESIDING OFFICER. Without size that has come before the Congress President. His name is in this story. objection, it is so ordered. that isn’t changed, polished, and ac- The President should pick up the The clerk will read the bills by title. commodated before it is finally agreed phone, call his friend, and denounce it The assistant legislative clerk read to. But the point is there has to be one and tell him that President George W. as follows: to begin. I think it is really important Bush will not tolerate what amounts to A bill (S. 2600) to ensure the continuing fi- that we deal with it now. It is there, Nixonian-McCarthyism. nancial capacity of insurers to provide cov- and it is what the critics wanted. I I don’t know this President as well as erage for risk from terrorism. don’t know why they continue to criti- I know his father, but I guarantee the A bill (H.R. 2143) to make repeal of the es- cize. first President Bush would not condone tate tax permanent. I am surprised and am a little dis- this. I guarantee that. One thing about The PRESIDING OFFICER. Objec- mayed that the media has continued to the previous President Bush, he was a tion having been heard, the bills will be use this proposal as a way to create very pragmatic man. This is so wrong. placed on the calendar. controversy. I guess the media’s job— It is extraordinarily disappointing if The PRESIDING OFFICER. The Sen- whatever the issue is—is to pick on the President is complicit in these se- ator from Wyoming, Mr. THOMAS, is that part which is reflected on by a mi- cret lists, lists designed to suppress recognized. nority of the people who have been workers’ liberties in order to protect f critical rather than a majority. Indeed, special interests. This is a witch-hunt, 72 percent, according to the polls, are HOMELAND DEFENSE tracking and documenting people’s per- favorable. It is kind of interesting that sonal choices with invasive tactics to Mr. THOMAS. Mr. President, I want this moves their way, and I guess that threaten and intimidate freedom in the to take a few minutes to speak a little is the media’s way of doing things. workplace. about an issue that is current: home- One of the complaints is that the If you have someone who represents a land defense. It is not new to be cur- plan came out overnight—it came out company or a trade association, will rent. Of course, homeland defense has very quickly. I think that is not the they now, each time there is an elec- been a very high topic in all of our case. Tom Ridge did an interview the tion where there is a turnover, have to minds since September 11, and will con- other day in which he indicated that he fire all Republicans or fire all Demo- tinue to be, indeed, for a very long has been in place now for quite some crats until all the lobbyists are of the time. I think the war we are in requires time and has not, of course, been a same party as the person who is Presi- a great commitment from all of us to Cabinet member. He has not had any- dent of the United States? I hope not. continue to provide homeland defense thing but his own office to handle. But We have lobbyists, advocates, and and security and the new prospects for he has been working on this for a long consultants talked about in this arti- us. I think we are unaccustomed to time, including a lot of people. The cle. Does it mean that next they will that. I want to take a few minutes to idea that it came out overnight from go after researchers, maybe teachers, talk about that, and particularly about people in the President’s little group is doctors, or lawyers? Or maybe people the President’s proposal. not the case. There has been a great from Hawaii? Pick any group. Where I think there is no question that deal of talk about it within the admin- will it end? Will the Republican law- homeland defense has become one of istration and a great number of ideas makers be told not to meet with Demo- our most important issues, and that, of as to how this might best be done, as I cratic constituents? For a party that course, is coupled with what we are think it should be. I think it would be defined itself during the cold war as doing overseas. There is also no ques- sort of ridiculous to be talking about the enemy of communism, their new tion about the best method of home- something publicly before it comes playbook would be the envy of one of land defense, partly because it is some- out. That is why it came out now, and the Communist dictators. Every elect- thing we haven’t done in the past. It is that is why this is the time to talk ed official, Republican and Democrat, particularly difficult to develop, and it about it publicly. should denounce this. This is wrong. is hard to determine the best way to do I must confess I get a little impatient Every person should call upon the it. It is a domestic activity about sometimes with the way these things President, a lawmaker, and say, stop which we haven’t had to be concerned, are handled. It is easier to sit up in the June 10, 2002 CONGRESSIONAL RECORD — SENATE S5263 grandstands and be critical than to be comes together, if indeed then the us in Congress have to deal with over on the field and have to call the plays. things that are determined by this the next few months; that is, the chal- That is, of course, what the President smaller homeland security group could lenge to enact meaningful legislation has to do. be brought to the President and to his while this terrible catastrophe which I think it deals with a problem. The Cabinet, and the President would en- befell many employees and investors in problem, of course, is that all of us are sure that each of these Cabinet people relation to Enron is still fresh in mind. concerned about security. There is no caused their departments to do what is I, for one, am not ready to concede one in government or outside govern- necessary; that is, to support the cen- that we cannot take legislative action ment who doesn’t want to try to detect tral agency. Even today I understand to make sure the country’s workers are what is going on and do something that. But when you are talking about not protected from the next Enron- about it, whether it is a highway pa- hundreds of thousands of people, of type meltdown. We need to take that trolman in Wyoming or a CIA agent or course, it is less easy. I understand legislative action. It needs to be a pri- an FBI agent. Sometimes it is objec- that. ority of the Congress. I rise to speak tive, sometimes it is seen, or some- But I do think there has to be a cen- about some of the elements that legis- times it is suspected; then what do you tral but real war to a large extent— lative action ought to contain. do? both domestically and overseas—car- Hardly a day goes by when we are not We haven’t had a central place to ac- ried out by intelligence, and carried hearing about the collapse of another cumulate all of these possibilities so out by centralized information, and by corporation. It is not just Enron. they can be evaluated and so some- knowing what is happening. This is an I think we have all come to recognize thing can be done about them. There entirely different kind of war than we the problem of corporate mismanage- are as many as 100 different govern- have ever had in the past. We will have ment, the problem of questionable ac- ment agencies that have some respon- to have different arrangements to do counting, or actual dishonest account- sibility for homeland security. I sus- it. ing, the problem of misuse or abuse of pect it is almost every agency. No one I think if you are a frontline worker the tax provisions early in the law. All has had the final accountability. No for the FBI, CIA, or some other law en- of that is, unfortunately, more wide- one has had to say there is something forcement or intelligence agency, and spread than just the Enron example. that really should be investigated and you see something that raises sus- These corporate misdeeds, executive should be turned over to people to fur- picions, you need to have a place to re- malfeasance, accounting chicanery, un- ther investigate. port it immediately, and you should fortunately, provide grist for virtually The Coast Guard has several mis- expect your supervisors to treat it with every front page we see these days. sions: Research, rescue, maritime trea- the seriousness it deserves. Informa- These stories will not stop on their ties. It, of course, reports to the Trans- tion must be fully shared so that we own. The problems will not go away on portation Department. Its primary re- can follow all of those leads and hope- their own. Apparently, the system we sponsibilities are rails, bridges, and fully prevent a tragedy such as hap- have had in place for a long time is not airways. pened to us before. working as it should. We need to pass There is really sort of a lack of con- I hope we can consider the Presi- legislation to address these recurring tinuity. dent’s recommendation and make the themes or else we will jeopardize a The Customs Service, among other changes we believe we need. I think we long-term economic recovery, which I duties, collects tariffs, prevents smug- should see what weaknesses we have know we are all hoping very much is in gling. It is part of the Treasury Depart- had so we can change those. Certainly place and scheduled to occur. ment whose primary responsibility is there have been some. I suppose some I have referred to a New York Times not regular security but indeed phys- of them were not necessarily weak- article. Mr. President, I ask unanimous ical security. nesses. There is a difference in the cli- consent that this article be printed in We have not had a central place for mate, there is a difference in the at- the RECORD following my remarks. this information until recently. Now mosphere, a difference in the chal- The PRESIDING OFFICER (Mr. we do. Times have changed. lenge. When that happens, there has to WYDEN). Without objection, it is so Absolutely now, there will be some- be a difference in the way we behave. ordered. one in charge. The bureaucrats are un- I look forward to that. I hope we can (See Exhibit 1.) changeable, it is said. I don’t believe come out with something better than Mr. BINGAMAN. Mr. President, as that. I believe change can come when what we received. noted in the article, Senator DASCHLE the leadership shows the way and in- I suggest the absence of a quorum. has indicated he would like to bring a sists upon change. That is what it is all The PRESIDING OFFICER. The bill to the Senate floor dealing with about. That is why there are heads of clerk will call the roll. these issues before the August recess. I departments. It is why someone is a The assistant legislative clerk pro- think that is an admirable goal, one Cabinet member—to take the policy of ceeded to call the roll. that the entire Senate needs to join. their leader, the President, and to en- Mr. BINGAMAN. Mr. President, I ask Unfortunately, the administration and sure it is implemented. I have never unanimous consent that the order for the House and some colleagues in the worked in the bureaucracy, but I sup- the quorum call be rescinded. Senate have not shown the kind of zeal pose where there are thousands of peo- The PRESIDING OFFICER. Without for these necessary reforms that is ple, it is a little bit difficult to do. But objection, it is so ordered. going to be required. I certainly hope that is their task. That is their job. I Mr. BINGAMAN. Mr. President, am I the delays and obstacles that have aris- think it can bring about change. correct, we are in morning business at en so far do not prevent us from bring- It would be too bad if the Congress this time? ing meaningful legislation before the failed to change. I read about some of The PRESIDING OFFICER. The Sen- Senate. the congressional committees being ator is correct. Let me refer to a couple other arti- concerned about their jurisdiction and Mr. BINGAMAN. I ask unanimous cles while I am on the subject. I was that this might change that. Change is consent to speak for up to 15 minutes. reading these articles over the weekend inevitable. Change is something we The PRESIDING OFFICER. Without in Business Week. One is an editorial in ought to look at and accept, if it has objection, it is so ordered. the current edition of Business Week, merit. The idea of being resistant to f entitled ‘‘Accounting: Stronger Re- change is a little hard, and it is not forms, Please.’’ It is a very interesting very helpful. I suspect there is some of PENSION REFORM article, one that I think deserves the that in the Senate. We hear all kinds of Mr. BINGAMAN. Mr. President, the attention of everyone. Let me read a voices coming out here. front page of today’s New York Times couple of paragraphs from it because I I am no expert, as I mentioned be- has an article with a title that reads think it does make a point on which all fore. I suspect that maybe this depart- ‘‘Enthusiasm Ebbs for Tough Reform in of us need to focus. It says: ment could be smaller. You could have Wake of Enron.’’ That headline points If you hoped that the Enron/Andersen scan- a little more selective group that out a political challenge that those of dal would provide an opportunity for just S5264 CONGRESSIONAL RECORD — SENATE June 10, 2002 those sort of farsighted regulatory improve- workers in our society. There is no rea- We need to protect employees from ments, start worrying. There are signs that son why a person should work 25, 30, 35, conflicts of interest that allow ac- the Bush Administration, under pressure even 40 years at a job—or a series of countants, analysts, investment advis- from the accounting lobby and business jobs, which is much more common in ers, and, in some cases, employers to groups such as the U.S. Chamber of Com- this day and time—and wind up with no merce, is willing to support only mild act in their own self-interest, rather changes in the current system. And there’s a pension, no income, nothing they can than in the best interest of the em- danger that Congress will acquiesce. The depend on other than Social Security ployee who is supposed to benefit from House of Representatives has already passed once they get to retirement age. that retirement plan. a very watered-down bill. Pensions and retirement coverage Third, all workers must have pension That’s wrong. Halfhearted reform is bad have not increased as a percentage of portability. One of the problems today for the public, bad for the economy, and even the workforce in the last 30 years. We in our workforce and our work careers bad for the accounting industry, which needs have recent studies that have indicated is that most people will move from job to reestablish its credibility. Instead, we that. About 50 percent of private sector to job, and over the period of 30, 35, 40 think the best bet for strong accounting and workers actually have some sort of financial reform is the legislation proposed years of work, an average worker may by Senator Paul Sarbanes, Democrat from pension plan today. That is nationwide. have 8 or 10 jobs. We need to be sure Maryland, chairman of the Senate Banking The statistic is 50 percent. My home they do not lose their pension benefits Committee. State of New Mexico, unfortunately, as they move from job to job. We need Sarbanes’ draft legislation—which is op- has the worst statistic of any of the 50 to be sure they can take those benefits posed by Senator Phil Gramm, the ranking States. The percentage is 70 percent with them and that the benefits will be GOP member of the Banking Committee, and have no pension plan and are not ex- portable. the Bush Administration—would set up a pecting to have a pension; whereas, Again, we need to change the laws to strong private-sector board to oversee pub- only 30 percent of private sector em- make that occur on a more ready basis. lic-company accounting. ployees do have some sort of pension I hope very much we can move to legis- It goes on to detail what is in the leg- plan. lation to accomplish that. islation and to urge that the legisla- I can remember the discussions in The fourth item I want to mention is tion be considered and passed by the previous years around here where we all workers should be treated on a com- Congress. talked about a three-legged stool when parable basis as regards to retirement Mr. President, I ask unanimous con- it came to retirement security. We benefits. We are just now trying to un- sent that the editorial from Business said, when a person gets to retirement, derstand all of the various mechanisms Week’s current edition be printed in they are going to have three things to that have been used in some of these the RECORD immediately following my depend upon, including Social Security companies to get us to a result which remarks. payments—and we all want to see we have seen over and over where the The PRESIDING OFFICER. Without those continue. They are going to have top executives of a corporation, when objection, it is so ordered. their savings, and they are going to the corporation essentially collapses as (See Exhibit 2.) have their pension. The reality is very a financial matter, where the top ex- Mr. BINGAMAN. Mr. President, let different from that model or that ideal ecutives walk off with tens and even me also call the attention of my col- that we have described for many years. hundreds of millions of dollars in de- leagues to another section in the same The reality is that most people who ferred compensation, in executive com- magazine called The Barker Portfolio. have worked through their entire ca- pensation of one kind or another; It is entitled ‘‘A Three-Point Plan for reers—at least in New Mexico where 70 whereas the workers for that same cor- SEC Reform.’’ It is by Robert Barker, percent have no pension—most people poration may wind up with nothing in and he goes into some detail about do not have three legs on the ‘‘stool’’ their retirement accounts. what he believes is an appropriate set on which they are planning to sit. They We need to find out what those of reforms for the Securities and Ex- have most likely one leg because they abuses are. We need to find out ways to change Commission in order that these have not been able to save a significant correct them. We need to plug those kinds of problems can be avoided in the amount, and they don’t have any sort loopholes in the existing law, and I be- future. of pension or 401(k) plan. That is the lieve we can. I ask unanimous consent that this be first issue and the first item on the Mr. President, let me stop with that. printed in the RECORD following my re- chart. I see other colleagues are waiting to marks. All workers need a retirement or pen- speak. I believe very strongly this issue The PRESIDING OFFICER. Without sion plan of some sort. We can do much of retirement security needs to be on objection, it is so ordered. more to expand pension coverage to the agenda of this Congress. I know (See Exhibit 3.) make it more attractive for employers Senator DASCHLE is trying to put to- Mr. BINGAMAN. Mr. President, be- to provide pension coverage and to gether a series of proposals coming fore leaving this general subject, let make it more available to workers in from various committees so that we me talk a little about a subject on our society. We need to get about the can consider it before the August re- which I have focused in recent weeks, business of doing that. cess. Retirement security is one of the which is part of this overall corporate Second, all workers should have a provisions that we would hopefully mismanagement problem that we have right to a secure retirement savings. give attention to as a result of or in been talking about, and that is the The problems we have seen with Enron, the wake of the Enron scandal. I hope problem of pensions. What do we do to the problems we have seen with other we can do that. I think the people of preserve the retirement of workers in corporations, where retirement savings the country want to see us do that. these companies that turn out to have have been essentially frittered away, or I close with the article with which I cooked the books or to have engaged in put into stock by employers which began my discussion, ‘‘Enthusiasm some kind of practice that causes the turned out not to have value, need to Ebbs for Tough Reform in Wake of value of that company to go away? be fixed. There is legislation that Sen- Enron.’’ We need to prove that headline There are essentially four major ator KENNEDY has proposed, which has wrong and demonstrate that this Con- issues that I think need to be focused been reported out of the Health, Edu- gress is committed to tough reform, on regarding retirement security for cation, Labor, and Pensions Committee and one of those reforms is in the area Americans. Let me put that chart up that I supported. That legislation is of retirement security. and go through the list once more for awaiting consideration on the Senate Mr. President, I yield the floor. those who are interested in this sub- floor. I hope very much that we can EXHIBIT 1 ject. move to consider that legislation. [From the New York Times, June 10, 2002] There are four major areas where we In the Finance Committee, we are ENTHUSIASM EBBS FOR TOUGH REFORM IN need to concentrate our attention and also looking at legislation which would WAKE OF ENRON where I believe we can legislate in a help ensure that people who have these (By Stephen Labaton and Richard A. Oppel, constructive fashion. First, we need to pension savings, or who have a 401(k) Jr.) have a goal of providing some type of plan, can be guaranteed those funds WASHINGTON, June 9.—Six months after the retirement or pension plan for all will be there when they actually retire. collapse of Enron, a wave of enthusiasm for June 10, 2002 CONGRESSIONAL RECORD — SENATE S5265 overhauling the nation’s corporate and ac- ing Republican on the banking committee, board for the accounting profession, require counting laws has ebbed and the toughest who has worked closely with industry lobby- large corporations to rotate their auditors proposals for change are all but dead. ists to kill many of the Democrats’ pro- every five years, and impose tighter conflict A powerful group of lobbyist, playing on posals. ‘‘People started looking at making of interest restrictions on stock analysts partisan disagreement in Congress, appears all these radical changes and decided there than the measure that was passed by the to have killed efforts to impose tight new was a real cost involved and that it would House. controls on corporate conduct. And while not solve the Enron problem.’’ Mr. Gramm has been working closely with some Democrats hope to turn the inaction to Mr. Gramm said regulators and the mar- the administration on an alternative meas- their advantage in the fall elections, other ketplace are already correcting the excesses ure that does not tighten conflict of interest lawmakers say that—barring more business exemplified by Enron and its auditor, Arthur regulations for analysts or auditing firms. meltdowns that deepen the stock market’s Andersen, relieving Congress of the need to His wife’s Enron ties seem to have produced two-year slump—voters are unlikely to care enact comprehensive legislation. no political pressure on Mr. Gramm—who enough to influence their ballots. ‘‘A lot of progress has already been made,’’ has announced his intention to retire from Bills imposing more stringent accounting he said. ‘‘The president has put forward a the Senate after this year—to shy from the standards, changing the tax and accounting strong program, the Securities and Exchange debate. treatment of employee stock options and Commission is moving forward, and the ex- The post-Enron proposals prompted scores setting tougher conflict-of-interest rules for changes are changing their rules. No one who of industry associations and hundreds of cor- stock analysts and accounting firms have all sits on an audit committee will be the same porations to retain lobbyists and use their fallen victim to political gridlock. after Enron.’’ Mr. Gramm’s wife, Wendy, a own employees to try to weaken or kill the Corporate America and the stock markets onetime government regulator who serve on measures. They include the American Insti- have not waited for Washington. Instead, Enron’s audit committee, resigned from the tute of Certified Public Accountants, which they have undertaken a host of changes in company’s board last week. is dominated by the largest firms. Hundreds response to the problems highlighted by Representative Billy Tauzin, the Louisiana of companies, including Oracle and Intel, Enron and reinforced by corporate and ac- Republican who held hearings on Enron’s have fought against changing the treatment counting failures in the telecommunications, collapse, agreed with Mr. Gramm’s appraisal, of stock options. And many of the largest cable and energy industries. Investors have but he said it will still vital for Congress to Wall Street firms have lobbied against fled companies whose accounting or govern- act, even though the prospects for legislation changes in the laws governing stock ana- ance practices fail to measure up to post- are not strong. lysts. Enron standards. Some Republicans say all ‘‘It’s all very iffy,’’ he said. ‘‘There is a The drift in Congress largely reflects the this is evidence that the system is working huge rift between where the Senate believes power of the accounting profession. Account- ing firms ranked as three of President Bush’s without heavy-handed interference by law- these issues ought to go and what the House top eight campaign donors in 2000, and over makers. has already passed. I don’t know if it gets Congress did much to focus attention on worked out in time.’’ all, the industry made $14.7 million in cam- flaws in the nation’s corporate and account- Both Democrats and Republicans have al- paign donations to both Democrats and Re- ing practices with a series of investigative ready begun to consider strategies to make publicans during the last election cycle, ac- cording to the Center for Responsive Poli- hearings earlier this year, the most dramatic the best political use of the issue in the No- tics. The profession has influential members of them conducted by committees in the Re- vember elections. The Republicans are rely- in many congressional districts and has been publican-led House. Even so, with the debate ing heavily on the rule-making and enforce- known to use lawmakers’ own accountants over Enron at full boil, the House adopted a ment actions of the S.E.C. to lobby them. measure in April that rejected the toughest On the Democratic side, one idea under dis- cussion by advisers to Senator Daschle is to Pension legislation may stand a better proposed changes. chance in Congress, although its prospects Senate Democrats now predict that they bundle disparate proposals into one package, making it more efficient to both confront re- remain cloudy. will have the votes to get a broad measure of The chairman of the Senate Finance Com- calcitrant Republicans in the House and their own out of the Banking Committee mittee, Max Baucus of Montana, is crafting make a polticial issue in the fall of the legis- later this month on a party-line vote, but an alternative to a bill by Senator Edward lation’s defeat. only by tempering it to win the support of M. Kennedy, Democrat of Massachusetts, In any event, politicians and lobbyists say moderates. Senator Tom Daschle, the major- that drew strong opposition from business that any change in the accounting treatment ity leader, is said by lawmakers and his aides lobbyists and Republicans. of stock options is dead for the year—largely to be committed to trying to move a bill to On some points, Mr. Baucus’s bill is likely because of the perception that Silicon Val- the Senate floor before the August recess, in to contain provisions similar to those in the ley, where such options are as ubiquitous as hopes of using the Republicans’ opposition to House bill, like permitting workers to sell the Internet itself, is up for grabs in the 2002 the measure against them in fall campaigns. company stock awarded as a 401(k) match and 2004 elections. Even if that bill survives a filibuster three years after they receive it. Senate Proposals have been made to force compa- threatened by Senate Republicans, law- aides say the bill may also place limits on nies to account for options as a compensa- makers and lobbyists say that there is little certain forms of executive compensation. tion cost—now they are not charged against chance of reconciling the differences between Mr. Daschle is warming to the provisions corporate earnings—and to limit the ability the House and the Senate this year. that are expected to form the Baucus pro- of companies to take tax deductions for All of Washington has not been paralyzed. posal, Senate aides say. Federal regulators—spurred in part by state issuing options. But technology companies, But they say the Baucus plan is unlikely prosecutors—have become more aggressive financial firms and corporate trade groups— to include the Kennedy proposal’s provision on the enforcement front. with the backing of President Bush—have prohibiting most companies from both offer- In Congress, meanwhile, legislation to lobbied lawmakers around the country to ing their stock as a 401(k) investment option modify pension laws—a response to the enor- maintain the current system. and using it to match employee contribu- For now, lawmakers say, they have mous losses in the retirement funds of em- tions. This was designed to keep employees trumped the arguments of such people as ployees at Enron and other troubled compa- from putting too much retirement money in Alan Greenspan, the Federal Reserve chair- nies—might have a better chance of passage. their own stock, as happened at Enron. Still, even lawmakers who favor a tough man, and the multibillionaire investor War- One major issue that remains unresolved is response to the seeming explosion in busi- ren E. Buffett that the current treatment of how to give employees better access to in- ness misconduct detect little fervor among options contributed to corporate over- vestment advice. Investment management voters for a Washington crackdown. Absent a reaching in the 1990’s. companies have been lobbying to permit The Bush administration has not been a spate of further disclosures, they say, the firms that administer retirement plans to visible force in the legislative battles, rely- issues may remain too remote to change offer advice to participants. Among other ing instead on likeminded allies—notably many voters’ minds. things, they would be permitted to rec- Senator Gramm—to bottle up the most am- ‘‘The politics will be determined by the ommend investments for which they could bitious legislation. He has met repeatedly circumstances,’’ said Senator Jon S. Corzine, receive a fee. Democrat of New Jersey and a former top ex- with corporate lobbyists and urged them to Senate aides say the Baucus proposal may ecutive of Goldman, Sachs & Company. ‘‘If press sympathetic Democrats or those facing instead contain a provision encouraging em- we continue to see an erosion of the stock tight races, like Thomas R. Carper of Dela- ployers to hire independent firms to provide market and more cases like Adelphia and ware, Evan Bayh of Indiana and Zell Miller advice. Tyco, then it will be significant. If we see of Georgia, to block legislation from reach- EXHIBIT 2 less, then it may have less of an impact, be- ing the Senate floor. cause these can become issues that are hard Democrats say that effort appears to have [From Business Week] for people like my mom to understand.’’ failed and that Senator Paul S. Sarbanes, ACCOUNTING: STRONGER REFORMS, PLEASE Other lawmakers, particularly Repub- Democrat of Maryland, appears to have the Perhaps the only benefit of a major scan- licans, say Enron’s moment as a galvanizing support to get a bill approved by the banking dal is that it creates pressure for reforms. issue has quickly passed. committee. It would sharply curtail the con- Politicians who would otherwise listen to ‘‘The feeding frenzy is pretty much over,’’ sulting work performed by accounting firms, special interests are forced by public pres- said Senator Phil Gramm of Texas, the rank- create a relatively independent oversight sure to make long-needed changes. Often, the S5266 CONGRESSIONAL RECORD — SENATE June 10, 2002 legislative and regulatory changes that fol- day of the next month. Not only should that to an excellent exhibit that opened last low a scandal can help build a strong founda- disclosure be made much sooner—within a week at the Smithsonian Institution’s tion for economic growth. day or two of the sale, as now is being dis- Arts and Industries Building, entitled, If you hoped that the Enron/Anderson cussed—but such insider trades should be ‘‘Kaho’olawe; Rebirth of a Sacred Ha- disclosed for free via the SEC’s Web site, scandal would provide an opportunity for waiian Island.’’ The exhibit chronicles just those sort of farsighted regulatory im- which is not the case today. provements, start worrying. There are signs Quarterly and annual corporate reports, the rich history of the island of that the Bush Administration, under pres- now required 45 and 90 days, respectively, Kaho’olawe from its mythical begin- sure from the accounting lobby and business after each period, will likely be accelerated nings to current efforts towards its groups such as the U.S. Chamber of Com- to 30 and 60 days. That’s good, but faster fil- protection and revitalization. The ex- merce, is willing to support only mild ing should not end there. Mutual-fund hold- hibit is a project of the Bishop Museum changes in the current system. And there’s a ings should be disclosed at least quarterly Native Hawaiian Culture and Arts Pro- danger that Congress will acquiesce. The instead of every six months, the current rule. Opponents say faster disclosure will gram, and is sponsored by the Smithso- House of Representatives has already passed nian Asian Pacific American Program, a very watered-down bill. make it harder for funds to trade without tipping their hand and ultimately hurting Bernice Pauahi Bishop Museum, Com- That’s wrong. Halfhearted reform is bad investors. But companies that manage $100 munity Development Pacific, and Pro- for the public, bad for economy, and even bad million or more—including most fund advi- for the accounting industry, which needs to tect Kaho’olawe ‘Ohana/Fund. sory firms—already must disclose portfolio reestablish its credibility. Instead, we think I was deeply moved by the exhibit holdings 45 days after the close of each quar- the best for strong accounting and financial and its eloquent reflection of the Ha- ter. Cut that to 30 days, tops. Short posi- waiian value of ‘‘aloha aina,’’ which reform is the legislation proposed by Senator tions, now exempt should be required as well Paul S. Sarbanes (D-Md.), chairman of the as longs. means love for the land, which serves Senate Banking Committee. FAIRER. The SEC’s regulation FD, or Fair as a foundation for the culture of Ha- Sarbanes’ draft legislation—which is op- Disclosure, seems to have helped put indi- waii’s indigenous peoples; the Native posed by Senator Phil Gramm (R-Tex.), the vidual investors on a more equal footing Hawaiians. The profound appreciation ranking GOP member of the Banking Com- with professionals when companies disclose for Hawaiian culture and its values is mittee, and the Bush Administration—would potentially market-moving information. Be- reflected in Hawaii’s state motto, ’Ua set up a strong private-sector board to over- fore its adoption in August, 2000, the public mau ke’ea ‘o ka ‘aina ‘i ka pono, ‘‘the see public-company accounting. It would se- routinely was barred from management’s verely limit consulting services that ac- conferencecalls with stock analysts. Not so life of the land is perpetuated in its counting firms can offer the companies they now. There remains, however, a forbidden righteousness.’’ The exhibition cele- audit. And, not the least, the bill would re- zone—the ‘‘road shows’’ put on for institu- brates Hawaii’s culture and people in quire CEOs and CFOs to sign their com- tional investors by companies preparing to telling the story of Kaho’olawe. pany’s audit reports and forfeit a year’s sell securities, particularly initial public of- Ancient chants—plaintive and poetic worth of bonuses, incentive-based pay, and ferings of stock. Just as the SEC was able to oral histories of Hawaii—along with ar- profits on stock sales if the company has to invite the public via the Internet to its own chaeological evidence indicate that materially restate its earnings. That would recent Investor Summit, investors small as Kaho’olawe was inhabited by Native reduce the aggravating sight of CEOs claim- well as large should be asked to attend and ing they had no idea what kind of wrong- pose questions at these pre-IPO presen- Hawaiians who fished and farmed in doing their company was engaged in. tations. It’s one thing to read a prospectus coastal and upland settlements scat- Equally important, the Sarbanes bill would laden with legalese; it’s better to hear how tered across the island. In ancient authorize more money for the Securities & management discusses what’s in the pro- times, the island was referred to as Exchange Commission and permit the agen- spectus. Kanaloa for the god of the ocean and cy to hire at least twice as many profes- PLAINER. Speaking of legalese, regulators the foundations of the earth. sionals as the Bush Administration is willing have long encouraged the use of ‘‘plain From 1941 to 1994, Kaho’olawe and its to fund. These additional resources are es- English’’ in securities filing. A charitable as- sessment of this initiative would be to say it surrounding waters were under the sential for the SEC to do its regulatory duty. control of the United States Navy. According to a report from the General Ac- has achieved limited success. To any who doubt this, I point to the 749-page proxy Both the island and the waters of counting Office, the SEC’s workload in- statement (including Annexes A through N) creased by 80% in the 1990s, but its staffing Kaho’olawe were used as a live-fire filed recently by AT&T. If you own AT&T, rose only 20%. In 2001, for example, the SEC training range. In 1990, President you’re supposed to use this to decide how reviewed only 16% of all annual reports—way George Bush directed the Department you’ll vote by July 10 on the company’s plan of Defense to cease using the island of below the desirable level. to restructure and merge its cable unit with No business or profession likes closer over- Comcast. Meanwhile, regulators—while try- Kaho’olawe as a training range. In 1993, sight. But finding the right balance between ing to make investor communications clear Congress enacted legislation that rec- markets and regulation is essential for a to more than just the securities bar—might ognized the cultural significance of well-functioning economy. Reform is never also try setting a good example. In SEC Kaho’olawe, required its return to the easy—but history suggest that it’s essential. lingo, the AT&T proxy is a ‘‘DEFM14A.’’ A State of Hawaii, and directed the Navy EXHIBIT 3 mutual fund’s annual report is an ‘‘N–SAR.’’ to conduct unexploded ordnance clean- [From Business Week, June 3, 2002] A tender offer may be a ‘‘13E–4’’ or a ‘‘14D– up and environmental restoration in 1.’’ Our government can do much better. A THREE-POINT PLAN FOR SEC REFORM Only a fool would expect Washington to partnership with the State of Hawaii. (By Robert Barker) solve every problem in today’s stock market. Congress authorized Federal funding A specter is haunting Wall Street—the As SEC Commissioner Isaac Hunt put it: through 2003 for the cleanup of specter of Main Street retreating from in- ‘‘The burden rests with individual investors Kaho’olawe. We continue to work with vestments and toward savings, going from to research the information and make intel- the Navy to ensure that this funding is stocks to CDs. That’s why, as the late, la- ligent investment decisions on their own.’’ utilized for maximum cleanup of the is- mented bull market nears its 20th anniver- Fair enough. At the same time, investors land before access is turned over to the don’t have to buy what Wall Street is sell- sary this summer, ‘‘we are on the verge of State of Hawaii in late 2003. the greatest overhaul of securities regula- ing. So the burden is equally on Wall Street to show honestly that what it’s offering is The restoration of Kaho’olawe is tion since the SEC was created,’’ Securities more than the cleanup of ordnance. Na- & Exchange Commission Chairman Harvey worth buying. Otherwise, I’d say the intel- Pitt said recently. ‘‘Nothing is off the ligent investment decision is a bank CD. tive Hawaiians also referred to table.’’ The PRESIDING OFFICER. The Sen- Kaho’olawe as ‘‘Ko Hema Lamalama,’’ Pitt was addressing an Investor Summit ator from Hawaii is recognized. the Southern Beacon, in reference to that the called on May 10 in Washington to Mr. AKAKA. Mr. President, I ask the island’s use as a navigational aid, air investors’ concerns and answer questions. unanimous consent to speak in morn- or shining beacon, for long-distance I listened, via the Web, to more than three ing business for 10 minutes. voyagers returning to Hawaii. For hours of talk, most of it pertinent (box). Yet The PRESIDING OFFICER. Without many Hawaiians, the vision of a fully some specific investor demands need amplifi- objection, it is so ordered. restored Kaho’olawe serves as a guid- cation. Here’s a short list of concrete fixes. If ing light to the revitalization of Native Wall Street and its regulators can’t deal f with this simple stuff, their reform effort Hawaiian culture. KAHO’OLAWE; REBIRTH OF A I encourage all of my colleagues and will have failed: SACRED HAWAIIAN ISLAND FASTER. A CEO today can dump a ton of their staff to visit this exhibit at the his company’s stock on the first day of the Mr. AKAKA. Mr. President, I rise Smithsonian Institution’s Arts and In- month and need not report it until the 10th today to call my colleagues’ attention dustries Building. I always welcome June 10, 2002 CONGRESSIONAL RECORD — SENATE S5267 the opportunity to share the true es- injuries—some of which never heal—on Court worry about the Constitution, perhaps sence of Hawaii with my colleagues and victims and their family members. the presumption is unwarranted. our fellow citizens on the U.S. main- They incite community unrest. And, at So, while all of us would agree that land. We have the honor and privilege bottom, they are downright un-Amer- hate crimes are a problem with which of showing you a bit of Hawaii in Wash- ican. The melting pot of America is the Congress must deal, our focus must be ington, DC, until September 2, 2002, most successful multiethnic, multira- on the appropriate and constitutional and I invite you to share in this won- cial, and multfaith country in all of re- means to best accomplish that objec- derful experience. corded history. We should keep our tive. Mr. President, I yield the floor. proud heritage of diversity in mind as In the face of some of the recent hate crimes that have riveted public atten- f we consider the atrocities routinely sanctioned in other countries com- tion—and have unfortunately made the CONCLUSION OF MORNING mitted against persons entirely on the name James Byrd synonymous with BUSINESS basis of their racial, ethnic, or reli- Jasper, TX; and the name Matthew The PRESIDING OFFICER. Morning gious identity. Shepard synonymous with Laramie, business is now closed. So we all should be able to agree that WY—I am committed in my view that the battle against hate crimes is and the Senate must speak out and act f must be America’s fight. And despite against hate crimes. LOCAL LAW ENFORCEMENT ACT the often contentious partisan rhetoric I have long been on record with my OF 2001 surrounding the issue of Federal hate view that the Federal Government can crimes legislation, there exists wide- play a valuable role in responding to The PRESIDING OFFICER. Under spread agreement on these funda- hate crime. In fact, I sponsored the the previous order, the Senate will now mental points: Hate crimes are insid- Hate Crime Statistics Act of 1990. But resume consideration of S. 625, which iously harmful, they should be vigor- any Federal response—to be a meaning- the clerk will report. ously prosecuted, and the Federal Gov- ful and lasting one—must abide by the The legislative clerk read as follows: ernment has a role to play in reducing constitutional limitations imposed on A bill (S. 625) to provide Federal assistance the incidence of these crimes in our Congress, and be cognizant of the limi- to States and local jurisdictions to prosecute tations on Congress’s enumerated pow- hate crimes, and for other purposes. Nation. The dispute, then, centers not on whether Congress should act in this ers that are routinely enforced by the Pending: area, but rather on what should be courts. I was a prime sponsor of that Reid (for Biden) amendment No. 3807, to done at the national level. bill, and I am proud that I was. It was provide reliable officers, technology, edu- There is no dispute that hate crimes a bill with a lot of controversy at the cation, community prosecutors, and training time. This is more true today than it in our neighborhoods. themselves often involve particularly horrific facts. They rivet our attention would have been even a mere decade The PRESIDING OFFICER. The Sen- and move us to consider almost any ago—ever since the U.S. Supreme ator from Utah is recognized. measure that would appear to check Court revisited the Federalism doc- Mr. HATCH. Mr. President, let me such bigotry. But the proposed legisla- trine in a string of decisions beginning begin on a point of common ground. We tion introduced by my good friend from in 1992. can—each and every one of us—agree Massachusetts, S. 625, also brings us Having consistently checked the ex- that the actions constituting hate face to face with the foundations of our pansion of Federal jurisdiction in areas crimes are wrong in all respects. Let constitutional structure—namely, bed- traditionally reserved to the States me state, unequivocally, that as much rock principles of Federalism that, for over the past decade, the Supreme as we condemn all crimes, a hate crime more than 2 centuries, have vested Court has cast grave doubt over the le- can be more sinister than a non-hate States with the primary responsibility gitimacy of S. 625. I am not alone in be- crime. And let me state, with equal for prosecuting violent crimes com- lieving that this bill, if passed into law, conviction and clarity, that I care mitted within their boundaries. And on will be struck down as an unconstitu- about stamping out hate crimes as this point we must be crystal clear: tional invasion into States’ rights. I much as any member of this body. I every hate crime—every bit of criminal take no pleasure in holding this view. think everybody know that. conduct that S. 625 proposes to fed- In fact, I was the primary co-sponsor of A crime committed not just to harm eralize—is, and always has been, a the Violence Against Women Act of an individual, but in order to send a crime in every jurisdiction throughout 1994—a law that created Federal juris- message of hatred to an entire commu- our Nation. The question is not wheth- diction over certain serious acts of vio- nity is appropriately punished more er these crimes can be prosecuted, but lence directed at women. Senator harshly, or in a different manner, than who should prosecute them under our BIDEN was a prime sponsor as well and other crimes. This is especially true constitutional framework. deserves an awful lot of the credit for when the targeted community is de- In other words, S. 625 brings us to a that particular bill. I felt strongly fined on the basis of immutable traits. difficult intersection between our well- about that legislation, and I certainly The brutal murders of James Byrd in intentioned desire to investigate, pros- was not happy to see the Supreme Jasper, TX, and Matthew Shepard, in ecute, and, hopefully, end these vicious Court strike down a portion of that law Laramie, WY, among others, remain crimes, and our unequivocal duty to re- as unconstitutional. But I respect, as seared into our Nation’s conscience be- spect the constitutional boundaries we all must, the Supreme Court’s rul- cause of the savagery they suffered governing any legislative action that ing, and we have a duty to take its les- solely because of their attackers’ irra- we take. We, who are trusted with the son to heart—whether or not we per- tional and hateful prejudice. The worse awesome responsibility of making our sonally like them. a criminal’s motive, the worse the Nation’s laws, must scrupulously abide So there is a serious constitutional crime, and a unanimous Supreme Court by the rule of law in this process. Con- concern with S. 625. But, in the fright- recognized as much in upholding Wis- gress has a duty to make sure that the ening climate of terrorism that we live consin’s sentencing enhancement for legislation it enacts is constitutional. in today, there is a practical consider- hate crimes. These same considerations To shrug off that duty is more than ation that we also cannot ignore. We also prompted the U.S. Sentencing just negligent; it invites trouble and must ask ourselves what role our Fed- Commission to establish a sentencing may even solicit scorn. A Supreme eral law enforcement agencies should guideline that provides an enhanced Court Justice for whom I have the play in violent crimes that historically sentence for a Federal defendant whose greatest respect, Justice Scalia, said have been prosecuted by State and crime was motivated by hate. These de- the following just a few years ago: local officials. The Federal Bureau of cisions are ones we can all applaud. Investigation recently has committed a My court is fond of saying that acts of Con- Not only are the offenses themselves gress come to the court with a presumption large number of its agents to work ex- worse, but hate crimes also are more of constitutionality. But if Congress is going clusively on terrorism cases. The FBI likely to provoke retaliatory crimes. to take the attitude that it will do anything has shifted its focus away from the in- They inflict deep, lasting and distinct it can get away with, and let the Supreme vestigation of general crimes to the S5268 CONGRESSIONAL RECORD — SENATE June 10, 2002 protection of our homeland security. In effectively with the type of Federal as- swing a broadsword into the constitu- my view, this is a step in the right di- sistance that my amendment provides. tionally sensitive area of States’ rection. I sincerely hope that every- My amendment directly remedies the rights, we ought to consider carefully body in this body, and both bodies, can primary concern of those who advocate whether a scalpel might do the trick. all agree about that. broad Federal jurisdiction over hate There is a pile of raw data that has Now, more than ever, we can see the crimes. Such a broad power grab is re- been collected pursuant to the 1990 line between what is truly national and quired, the argument goes, because Hate Crime Statistics Act, including a what is truly local. The question is not State and local jurisdictions often lack comparison of the records of different just what can we do, but rather, how adequate funding or resources to effec- jurisdictions—some with hate crime should we allocate our scarce Federal tively prosecute hate crimes. While the laws, others without. We need to un- resources? And what message will we record would seem to indicate that dertake a comprehensive analysis of be sending the FBI—who has com- States have effectively shouldered the that data to determine whether there mitted to focus on terrorism—by pass- oar on prosecuting hate crimes, I cer- is, in fact, a problem in certain States’ ing, as historians will no doubt con- tainly accept the fact that such highly prosecution of hate crimes. clude, the greatest expansion of Fed- publicized prosecutions might strain a Some 45 States and the District of eral power over crimes traditionally smaller community’s resources. My Columbia already have enacted hate prosecuted by State and local govern- amendment directly cures that poten- crimes laws, and by any measure, they ments? tial problem without displacing States are aggressively and effectively pros- I have given a great deal of personal from their traditional role in law en- ecuting these cases. I am certainly thought to this matter in attempting forcement. open to being persuaded that the to create a Federal response to hate Let us not fail to note that the over- States are failing to prosecute these crimes that would be as effective as whelming successful record of local crimes. But neither S. 625 nor the possible without implicating the very prosecutions of hate crimes—many in record developed in support of this leg- serious concerns created by S. 625. The jurisdictions where the death penalty islation appear to make such a case. amendment I intend to propose before not only was available, but also played Analyzing the statistics that already this matter is over is one that I believe a central role in securing justice— exist to see whether there is a real, would not only solve the problem effec- should stand as a testament to the fact verifiable problem with state and local tively and pragmatically, but also has that wholesale Federal intervention is enforcement of hate crimes is a simple, the virtue of resting on unquestionably not warranted. There has never been a efficient and responsible first step that sound constitutional ground. showing that State and local law en- we, as lawmakers, should take before I care deeply about this issue and am forcement officials have been ignoring enacting such sweeping legislation. committed to a strong, workable, prac- or neglecting—much less intentionally In sum, we have widespread agree- tical, and constitutional Federal solu- failing—their duty to prosecute these ment that the Federal Government tion. It is precisely because of my com- heinous offenses. The truth seems quite must play a role in our Nation’s efforts mitment to this issue that—in the 2 to the contrary. State and local au- against hate crimes. The role we define years since this issue last came to the thorities effectively investigated and must also respect the Constitution and Senate—I have changed certain aspects prosecuted those who perpetrated the the structure of our government—a of my amendment to strengthen the reprehensible murders of Matthew structure that, since the inception of Federal Government’s role in the in- Shepard and James Byrd, Jr. No our country, assigns to the States the vestigation and prosecution of hate Amount of federalization—much less primary role in criminal law enforce- crimes. So, while S. 625 remains in pre- the measures called for in S. 625— ment. cisely the same form as it was when it would have made these persecutions Rather than take a precipitous step was offered as an amendment to the any more successful. that would potentially make every Department of Defense appropriations This raises a point that I frankly find criminal offense motivated by a hatred bill in June 2000—despite the concerns somewhat puzzling. During the last a Federal offense, we should equip that were raised about its scope and floor debates on this issue, Senators States and localities with the resources constitutionality—I have worked to KENNEDY, DURBIN, my good friend, and necessary to undertake these criminal change my proposal to make it more Senator REID from Nevada—good peo- investigations and prosecutions on aggressive and more acceptable to the ple who I know genuinely care about their own. At the same time, we should supporters of S. 625. this issue—kept bringing up the tragic undertake a comprehensive analysis of There are two main components to cases of Matthew Shepard and James the raw data that has been collected my amendment. First, I would propose Byrd as reasons to support S. 625. Yet pursuant to the 1990 act. creating a meaningful partnership be- those offenders were prosecuted effi- My amendment is a measured legisla- tween the Federal Government and the ciently and effectively and, in my view, tive response that would accomplish States in combating hate crimes. My appropriately with the death penalty, the goal of letting no hate crime go amendment would permit the Justice which was actually the sentence im- unpunished—without bearing any risk Department to assist State and local posed on two of the killers of James of being struck down as unconstitu- authorities in investigating and pros- Byrd. That is something that just tional by the Supreme Court. It is leg- ecuting hate crimes by providing Fed- couldn’t happen under S. 625, which islation that could and probably would eral manpower as well as financial as- doesn’t even provide for the possibility pass into law. We know that S. 625, as sistance. The original version of my of the death penalty. So, if anything, written has no chance of enactment. amendment had capped the amount of the Matthew Shepard and James Byrd The House will not take this amend- Federal grants at $100,000 per case, but cases stand as testament to the fact ments. It simply has too many prob- the version I propose today removes that federalization of hate crimes is lems. I hope it is not presented just for that ceiling when the need is greater. both unwarranted and in the case of S. political reasons. Instead of having a My amendment contains a completely 625, less effective than current state political issue, we should take a real- new provision that would require the laws. istic and responsible step toward ad- Attorney General to designate one Fed- In any event, before we take the de- dressing this problem, which would be eral prosecutor in every district to act cidedly broad step of making every passing my version of this legislation. as the Federal liaison for the State and criminal offense motivated by hatred a Mr. President, as we know, on Fri- local prosecutions of hate crimes. That Federal crime, we ought to equip day, immediately after calling up S. Federal prosecutor, will take an active States and localities with the resources 625, the hate crimes bill, the Demo- role in helping States prosecute hate necessary so that they can undertake cratic leadership filed for cloture. This crimes, from seeking Federal wiretaps these criminal investigations and pros- was done for the sole reason of thwart- to Federal search warrants. There sim- ecutions on their own. ing any meaningful debate on a bill ply is no reason to believe that State The second major component of my that seeks to overhaul and expand and local law enforcement officials amendment proposes to define the thoroughly the role the Federal Gov- could not prosecute these sorts of cases problem more precisely. Before we ernment plays in law enforcement. June 10, 2002 CONGRESSIONAL RECORD — SENATE S5269 I agree wholeheartedly that Senator of hate crimes. We have already gone a The PRESIDING OFFICER. The Sen- KENNEDY’S bill, S. 625, is an important long way to do that. ator has that right. The amendment is piece of legislation that deserves con- We will put in the RECORD before this now withdrawn. sideration in the Senate. In the past, I debate is over some of the statistics Mr. REID. I thank the Chair. too have introduced competing legisla- that have been presented as to whether The PRESIDING OFFICER. The Sen- tion addressing hate crimes. As some- or not hate crimes, as defined nar- ator from Arizona. one who has remained as involved in rowly, are really a significant percent- Mr. KYL. Mr. President, I would like this issue as Senator KENNEDY, at a age of crimes that are committed in to speak to this legislation. First of minimum, I deserve the opportunity to this country. My attitude is, if one is all, I compliment the ranking member offer amendments relevant to the dis- committed, it is a significant percent- on the Judiciary Committee for the cussion of hate crimes and to improve age, but we have to be practical as points he made, with which I am in this bill. I believe my amendments will well. It seems to me, since there is no agreement. Recall, this bill federalizes in fact improve this bill as it reads cur- showing—at least there has not been up two new hate crimes, adding gender rently. Moreover, I believe that a ma- to this date—that the State and local and sexual orientation and disability jority of my colleagues not only want law enforcement jurisdictions are fail- to existing law. It is a far-reaching pro- to consider these amendments, I be- ing to prosecute hate crimes and pros- posal. lieve they would approve of my amend- ecute them with vigor, it seems to me I am sorry, I cannot accept the ex- ments. we are going too far with S. 625. cuse that has just been proffered by the Protecting the safety and rights of I hope our colleagues will pay atten- assistant majority leader with respect all Americans is of paramount concern tion. I think we could really wind up to why cloture was filed on this bill to all Senators. There are, however, not doing as much against hate crimes some 14 minutes after the bill was many thoughts as to how to provide as we could if we would make a real ef- brought to the Senate floor. This is un- this protection. No one is threatening fort to try to bring both bodies to- precedented. With all due respect, I to filibuster this bill. My colleagues gether. I would like to get this problem characterize it as a gag rule on Sen- and I are honestly trying to force a de- solved once and for all, and I would ators, unprecedented in the way the like to do it in a way the vast majority bate on an issue that affects all Ameri- Senate ordinarily, traditionally acts. of us can support because I think the cans. It is curious to me why the As a matter of comity to Members, it vast majority of Members of Congress Democrats are trying to prevent a sub- is traditional that Members are al- will support a reasonably written, ef- stantive debate on hate crimes from lowed to debate and offer amendments fective hate crime statute that does going forward. By preventing amend- to legislation. Only rarely is cloture not take away the responsibilities of ments from being offered and consid- filed—ordinarily, after there has been the State and local governments and ered, the Democrats are shutting the an attempt to filibuster a bill. The ma- law enforcement people to prosecute door on any Republican ideas or alter- jority then rightly has the opportunity these matters. natives, however constructive they to bring that debate to a close if I yield the floor. enough Members are in agreement to may be. The PRESIDING OFFICER. The Sen- do so. It is very rare cloture motions All Senators have the right to con- ator from Nevada. sider thoughtfully legislation that will Mr. REID. Mr. President, I say to the would be filed immediately after bring- impact significantly how serious distinguished senior Senator from ing the bill to the floor. This does not crimes are prosecuted in this country. Utah, this legislation has already give Members enough time to debate By filing for closure prematurely, the passed the House—232 Members voted the bill or offer amendments and have Democratic leadership is prohibiting for it; in the Senate, 61, almost iden- those amendments voted upon. The Senators the right to debate and have tical legislation. reason proffered by the distinguished a vote on issues that are important to The question was raised as to why Senator from Nevada was that they them and the constituents of their there was an effort made to move for- had read in a publication that Repub- States. It is unconscionable to prevent ward on cloture on this bill. We have lican Senators intended to file some 40 debate on such an important issue. I lots of things to do. When it was re- amendments to the bill. I suggest that ask the Democratic leadership to ported in the Congressional Quarterly is not appropriate as a reason for im- rethink this position, and I ask Sen- last Friday morning that they, the Re- mediately invoking cloture. To my ators to oppose cloture and allow us to publicans, were going to file 40 to 50 knowledge, it has never been done consider a reasonable amount of amendments just to slow down the when the Republican majority intro- amendments to improve this bill. train on this legislation, and they had duced bills to the floor. I will certainly make every effort to a wide range of subject matters on all I remember on one occasion a cloture keep the amount of those amendments the amendments they were going to motion was filed almost immediately very limited so that this particular de- file, none of which were related to this and there was a great hue and cry from bate does not have to go on and on. I hate crime legislation, the majority the other side, as a result of which my hope we will be able to get that done. leader felt we had to move on. That is recollection is the Republican major- I noticed S. 625 not only substantially why the cloture motion was filed. ity, by unanimous consent, extended expands current authority over hate I also say to my friend, the former the time for debate an additional day. crimes, it adds a number of provisions chairman of the Judiciary Committee, It is, frankly, a breach of the comity over what we had at least attempted to someone who is certainly knowledge- that heretofore has characterized the do before. able of things legal in nature, if cloture opportunity for debate in this body, to Under current Federal law, it is im- is invoked, there is still every oppor- file that cloture motion some 14 min- portant to note that it is unlawful to tunity, up to 30 hours, to file any ger- utes after the bill was brought to the injure, intimidate, or interfere with mane amendments. I would say if the floor—especially because this is such any person because of his or her race, Senator wants to improve this legisla- controversial legislation. The two color, religion or national origin. That tion, it would have to be with germane votes that previously were cast here is the law today. That has been upheld amendments, not nongermane amend- were like 50 to 49, and I have forgotten as constitutional. If the person is par- ments. So I hope we can move along. I exactly what the other vote was, but ticipating in certain federally pro- hope cloture is invoked. The majority this is a highly contentious issue and tected activities such as attending leader would be happy to work with the one which deserves a great deal of school, serving as a juror, traveling in Republicans to come up with legisla- thought and debate. I, therefore, am interstate commerce, using public ac- tion they believe is better. But this is very hopeful our colleagues—whether commodations, or working, that person a matter that has already moved in they agree with the ultimate legisla- is protected against injury, intimida- both bodies of Congress. We should tion or not—will agree it is simply un- tion, or interference because of race, move forward with it. fair to close off debate and amend- color, religion or national origin. AMENDMENT NO. 3807 WITHDRAWN ments at this very early stage of the Since 1994, Federal law has required a Mr. REID. Mr. President, I withdraw consideration of such important legis- heavier sentence for persons convicted amendment No. 3807. lation. S5270 CONGRESSIONAL RECORD — SENATE June 10, 2002 One reason the Senate should not punishment for people who commit vi- be able to cope with and eventually rush to consideration of this bill is be- olence. rise above the problem and to under- cause of the very controversial change Congress should be concerned about stand that they themselves are not the that it makes to criminalize not a de- all of these victims, not about just a cause of the crime that has been per- fendant’s actions alone, but the defend- subset constituting one-tenth of 1 per- petrated against them. They are sav- ant’s thought process. Think about this cent of the total. Yet that is what we aged, all right. They are a group of peo- for a minute. This legislation focuses spend our time on in this body. ple to whom we ought to be paying at- not on the defendant’s conduct, or even I note that one of the bill’s provi- tention. Yet we can’t get the support in on his intent—on whether he acted pur- sions attempts to justify or provide a this body to grant them the rights that posefully or with knowledge of risk. constitutional rationale for the bill. I are at least somewhat equal to the Rather, this bill criminalizes the de- note that section 2 states that Con- rights of the accused perpetrators of fendant’s subjective motive. We are gress has found ‘‘the incidence of vio- the crimes upon them. The numerous moving perilously close, down the path lence motivated by the actual or per- constitutional amendments which have of creating a penalty for thought ceived race, color, religion, national granted defendants rights should at crimes. origin, gender, sexual orientation, or least be equal in the constitutional This is not as distant as you might disability of the victim poses a serious rights of these victims of crimes. think, considering, for example, the national problem’’ and that the I am going to state this in a rather FBI data that is used by advocates of ‘‘prominent characteristic of a violent blunt way. It seems to me to be incon- hate crimes laws to justify this bill. In crime motivated by bias is that it dev- sistent, at best, for people to be very 1999, they report there was a total of astates not just the actual victim and concerned about a couple of specific 9,430 hate crimes in the United States. family and friends of the victim, but groups of people—transsexuals or ho- Of these, only 19 were murders. By far, frequently savages the community mosexuals, for example—that they the largest category of actual hate sharing the traits that caused the vic- would believe that other members of crimes against persons, including prop- tim to be selected.’’ their group would feel savaged when erty crimes and crimes against society, I would like to focus on that in two someone else in their group has a crime was the crime of intimidation. Yet this respects. perpetrated upon them but we wouldn’t crime is so vague and so inchoate that First of all, it says this is a national extend that same feeling and that same the FBI does not even bother to cal- problem. But I note that not all na- support and that same kind of action culate incidents of intimidation in its tional problems are Federal problems. to a vast and much larger number of overall crime reports. People are murdered every day in this people who are victimized by crimes What exactly does intimidation country. That is a national problem. every day and for whom there are no mean? Does it simply mean something But States provide the laws under victim’s rights. We don’t designate that is perceived as offensive by the which people are prosecuted, and it is them hate crimes, and therefore these hearer? Some groups, in fact, increas- ordinarily by a local or county pros- people have no such rights. I find it dis- ingly invoke terms such as ‘‘hostile ecutor. In other words, not every na- criminatory. speech’’ or ‘‘climate of violence’’ to de- tional problem is a Federal problem. In this Senate body, we never charac- scribe speech in favor of traditional As I will note later, no less than the terize the motives of legislation. It is a morality on social and sexual issues. Chief Justice of the United States has very dangerous thing to do, and I re- Would a traditional viewpoint on ho- warned Congress against federalizing sent it. In no way do I characterize the mosexuality or transsexualism be hos- every crime and finding a Federal solu- motives of anyone offering this par- tile speech and thus a hate crime? It tion to every national problem. ticular amendment. But I ask them to very likely could be under the defini- But even more important is the sug- stop and think for a moment about tions here. gestion that only certain kinds of whether it is fair to single out a very One organization, the largest organi- crime victims ought to be of concern to small group of people who have a very zation of women in the country, the us. It said here that this kind of crime large lobbying voice for special protec- Concerned Women for America, has devastates not just the actual victim tion as victims of hate crimes because cited an example of a pastor in New but frequently savages—and I am not the group they are a part of feels sav- York whose billboard advertisement exactly sure what the word ‘‘savages’’ aged when they are the victim of a with a Bible verse on it was taken means—the community sharing the crime. That is the Federal nexus. That down by city officials who cited hate traits that caused the victim to be se- is the basis upon which the constitu- crimes principles as the rationale. The lected. I presume that is the class of tionality of this action rests, and I sub- CWA also cites a recent incident in San victims—people such as the victim. mit it is inadequate under our Con- Francisco. The board of supervisors of- As the Presiding Officer is well stitution. But that is the alleged basis. ficially approved a resolution urging aware, Senator FEINSTEIN and I have We will do it there, but we will not give local media not to run an advertise- had a constitutional amendment before rights to the vast majority of people ment by a group. this body for several years to grant who are victims of violent crime in this Again, even those who do not agree rights to victims of crime. We have ar- society. with the message of traditional values gued all of these years that victims of Do we not believe or do we not under- should at least recognize these groups’ violent crime feel themselves fre- stand that they feel savaged as well? Is right to be heard and to exercise their quently savaged by a system which their lobbying voice just not as strong? first amendment right of speech. With gives a lot of rights to the defendant I don’t know what it is. But it is un- this type of legislation, we risk crim- but, at best, ignores their rights, and fair. inalizing this speech. sometimes actually results in them Let me turn to two other points be- In addition, it is wrong to treat some being victimized a second time by the fore I close. victims of violent crimes as more spe- judicial system by not getting notice of It is obvious to me from the legisla- cial than others. All victims of violent key hearings and procedures in which tive history—I am not elaborate at this crime should be equal in the eye of the they would have an interest in attend- point but just to note this—that using law. When such a crime occurs, the po- ing, or by not even being able to sit in the word ‘‘gender’’ rather than ‘‘sex’’ is lice should not first have to ask, for ex- the courtroom sometimes. This clearly a very intentional and very specific ample, what the victim’s race, religion, is activity that savages the community choice of words. The bill is intended to or sexual preference is. Nor do the 19 that has been victimized. take the unprecedented step of making murders classified as hate crimes in Anybody who has been a victim of transsexuals and transvestites a feder- the year 2000 nor the 17 in 1999 provide domestic violence can empathize with ally protected class. There are those much justification for the legislation the other victims of domestic violence. who think this is a good idea. I cannot when more than 15,000 other murders I have gone to many meetings at a lot imagine what the Founders—the people occurred each year—all crimes under of centers at which women who have who wrote our Constitution—would State law. It is not as if we have to add been abused are sitting in a circle shar- think of such a provision. But I believe this crime in order to assure there is ing their experiences in order that they Congress should accept that not all June 10, 2002 CONGRESSIONAL RECORD — SENATE S5271 human impulses are necessarily be. State courts do, can, and should alty can be successful. So why do we healthy, that not every desire should handle such problems. While there cer- need a Federal law to provide less pun- be pursued, and that, in any event, tainly are areas in criminal law in ishment than is already available these kinds of activities should not be which the federal government must under State law? singled out as constitutionally pro- act, the vast majority of localized Finally, this bill would explicitly tected given the large number of people criminal cases should be decided in the allow the same defendant to be pun- in this country who have very different state courts which are equipped for ished twice for the same crime, based points of view of what is right and such matters. This principle was enun- solely on a Federal official’s deter- wrong. We single out minority action I ciated by Abraham Lincoln in the 19th mination that the State sentence that gather as being constitutionally pro- century, and Dwight Eisenhower in the the defendant is already serving has tected because we are concerned about 20th century—matters that can be han- somehow left Federal interests what the majority would do. In so dled adequately by the states should be ‘‘unvindicated.’’ doing, I believe we pervert the lan- left to them; matters that cannot be so Although the Supreme Court has guage of the Constitution. handled should be undertaken by the been willing to ignore such double That gets to the next point: the con- federal government. prosecutions, Congress, at least, should stitutional overreach of this bill. The As is very clear by the language of recognize the unfairness of allowing a bill is almost certainly unconstitu- the statute itself, that is not the test defendant to be tried twice punished tional and beyond Congress’s powers. used for determining whether or not twice, by two different courts, for the The first new offense, justified as an prosecutions will be held by the Fed- same crime. exercise of Congress’s 13th amendment eral Government for these crimes. Since I see my distinguished col- power to outlaw the incidents of slav- The Federal courts are already over- league from Wisconsin in the Chamber, ery, fails because it is not tied to the whelmed with existing Federal of- and because I have such respect for exercise of civil rights or access to pub- fenses, at the same time that this Sen- him, for the sense of fairness that he lic accommodations. The second new ate is dragging its feet on filling the has exhibited over and over in the Ju- offense, justified under the commerce Federal court vacancies that currently diciary Committee, on which we both clause, goes too far when it punishes exist, or even holding votes on new sit, while I know he is an ardent sup- noneconomic violent crime simply be- judges. Yet here we go creating a whole porter of the legislation, I would just cause of the use of a weapon that has new set of Federal offenses for crimes ask him, and other colleagues, with allegedly traveled in interstate com- that are already proscribed by State whom I have had good dealings over merce. law. No doubt the Federal judiciary is the years, to acknowledge the fact that it is inappropriate for us to have de- The bill also unnecessarily contrib- watching this debate and thinking to bate on this important matter cut off utes to Congress’s federalization of itself, about the Congress, ‘‘there they so soon after the filing of the bill—14 criminal law—a point to which I al- go again.’’ luded earlier and on which I said I It bears emphasis that the States not minutes after the bill was brought to would expand. This is a process that only already punish the crimes we are the floor, cloture was invoked—to have places great burdens on our Federal dealing with here as violent crimes; in very little opportunity to present courts and undermines their role as a addition, 45 States and the District of amendments and to have the nature of those amendments restricted. forum for addressing uniquely Federal Columbia already have laws punishing I could be wrong, but I have been told issues. hate crimes. What we are doing is cre- by staff that even making these I mention the Chief Justice of the ating a double redundancy, a new Fed- United States, Justice Rehnquist. He crimes’ punishment subject to the eral offense for hate crimes that are al- death penalty would be ruled not ger- has repeatedly warned the Congress ready punished in two different ways at against unnecessarily creating new mane. I cannot believe that. But if that the State level. is true, it shows you how restrictive Federal criminal offenses, especially Nor is it fair to accuse the States of the cloture rule would be. where the matter has traditionally inadequately enforcing their laws in been addressed and can be addressed by I would ask my colleague, and any this area. For example, consider the others who are supporters of this bill, State courts. The Chief Justice ex- first and third incidents cited in the pounded on this problem in his 1998 to consider, on something so impor- committee report for this bill involv- tant, that we should not be invoking Year-End Report of the Federal Judici- ing murder in Humboldt, NE, and in ary. I believe this is important enough cloture so soon in the process but Yosemite Park, CA. The committee re- should allow those of us who have con- to quote at length. port relies on these incidents to sup- He said: structive suggestions—as in the case of posedly show the need for a new Fed- the alternative mentioned by the Sen- The number of cases brought to the Fed- eral law. But what these incidents eral courts is one of the most serious prob- ator from Utah—that those of us who lems facing them today. Criminal case fil- show, instead, is how this law is unnec- have amendments, including those ings in Federal courts rose 15 percent in essary and redundant. Indeed, it would which I would like to offer, to have an 1998—nearly tripling the 5.2 percent increase punish these offenses less severely than opportunity to debate and offer those in 1997. Over the last decade, Congress has they have been punished under State amendments, and have them acted contributed significantly to the rising case- law. upon in the way that has traditionally load by continuing to federalize crimes al- In the Nebraska crime, prosecutors been done in this body. ready covered by state laws. sought and obtained the death penalty. If it is the case, as the distinguished The trend to federalize crimes that In the Yosemite case, they are cur- assistant majority leader said, that we traditionally have been handled in rently seeking the death penalty. Yet have a lot of other business that we state courts not only is taxing the Ju- had either of these offenses instead need to get to, then maybe we should diciary’s resources and affecting its been prosecuted under the law envi- not have brought this particular bill at budget needs, but it also threatens to sioned by this bill, the death penalty this time. If it is so important, then we change entirely the nature of our fed- would not have been an option. The bill need to have the time to debate it. If it eral system. The pressure in Congress provides for no death penalty, even for takes a back seat to issues that are to appear responsive to every highly the most brutal murders. And we call more important, then we should not publicized societal ill or sensational this an appropriate reaction to some- have brought it up at this point. I do crime needs to be balanced with an in- thing we detest so much, something we not think we can have it both ways. quiry into whether states are doing an call a hate crime, that we are willing I would ask my colleagues for the adequate job in these particular areas to bend the Constitution to make it a same kind of fairness that has been of- and, ultimately, whether we want most new Federal offense. fered to them when the majority was of our legal relationships decided at The death penalty would not have held by another party, and to give us the national rather than local level. been available under this bill, either as more time to debate and consider Federal courts were not created to ad- a deterrent or as leverage to secure a amendments on this legislation, and judicate local crimes, no matter how life sentence during plea bargaining, not to proceed with cloture at such an sensational or heinous the crimes may which is frequently why the death pen- early time in the legislative process. S5272 CONGRESSIONAL RECORD — SENATE June 10, 2002 I thank the Chair and yield the floor. eral hate crimes laws and increase the Mr. HATCH. Madam President, it re- The PRESIDING OFFICER (Mrs. role of the federal government in end- mains my view that S. 625 is a mis- CARNAHAN). The Senator from Wis- ing this violence. guided invasion into an area histori- consin. It wasn’t that many years ago that cally and constitutionally reserved to Mr. FEINGOLD. Madam President, I we stood up for equality and justice by State and local law enforcement au- thank the Senator from Arizona for his forcing the States and private citizens thorities. But let me say now S. 625 is kind words. I am in the Chamber with to end segregation and discrimination. also flawed on its own merits. One of S. regard to another matter, but I look Now we must do the same for hate 625’s most egregious shortcomings is forward to discussing this issue at a crimes against our citizens. that while it purports to send a mes- later time. Madam President, we are a Nation of sage the Federal Government is going (The remarks of Mr. FEINGOLD are laws. We are a Nation that respects the to be tough on hate crimes, it actually printed in today’s RECORD under individual and individual liberty. We threatens to weaken the punishment ‘‘Morning Business.’’) are a Nation that rewards hard work. currently available under many State Mrs. MURRAY. Madam President, I We are a Nation that tolerates and laws for the perpetrators of violent join my colleagues today to speak in celebrates our diversity. These are hate crimes. support of S. 625, the Local Law En- some of our most cherished values. We In the successful State and local forcement Enhancement Act. cannot allow hate crimes to threaten prosecutions of the killers of James In every corner of our country, com- our fellow citizens and undermine our Byrd, Matthew Shepard, and Billy Jack munities have been trying to respond democracy. I urge my colleagues to Gaither, prosecutors and law enforce- to hate crimes. Despite great gains in support this important piece of legisla- ment officials in Texas, Wyoming, and equality and civil rights throughout tion. Alabama were able to consider seeking the last century, too many Americans I yield the floor. the death penalty. So they did. Let’s are subjected to discrimination, vio- The PRESIDING OFFICER. The Sen- pause to consider why they did so. lence, and even death because of who ator from Utah. James Byrd, who was African Amer- they are. The Federal Bureau of Inves- AMENDMENT NO. 3824 ican, was beaten unconscious, chained tigation has documented over 8,000 Mr. HATCH. Madam President, I call to the back of a pickup truck, and incidences of crime motivated by bias up amendment No. 3824 and ask for its dragged 4 miles down rural roads by in the United States in 2000. Crimes immediate consideration. men who had links to a white suprema- motivated by the victim’s race, color, The PRESIDING OFFICER. The cist group. religion, sexual orientation, ethnicity, clerk will report. Billy Jack Gaither, who was gay, was national origin, disability, or gender. The assistant legislative clerk read bludgeoned with an axe handle, had his These crimes attack the values and as follows: throat slit, and then was thrown on a rights of every American, yet today The Senator from Utah [Mr. HATCH] pro- pile of tires and set on fire by men who there is no federal law stopping these poses an amendment numbered 3824. cited Gaither’s sexual orientation as crimes. Mr. HATCH. Madam President, I ask their motivation for the killing. Matthew Shepard, who was gay, was Passing the bill before us will give us unanimous consent that the reading of kidnapped, beaten so severely that his more tools to fight this special brand the amendment be dispensed with. skull was fractured a half dozen times, of crime. I am pleased to join with The PRESIDING OFFICER. Without tied to a fencepost, and left to die by many of my colleagues as a co-sponsor objection, it is so ordered. of this important legislation. The leg- The amendment is as follows: two men who hated homosexuals. I have no hesitation in concluding islation we are considering would ex- (Purpose: To amend the penalty section to that State and local officials acted ap- pand the definition of a hate crime and include the possibility of the death penalty) propriately in seeking the death pen- improve prosecution of those who act On page 10, strike line 14 and all that fol- alty for these most heinous of crimes. out ‘‘their hate’’ with violence. If lows through page 11, line 23, and insert the following: In the case of James Byrd, they suc- someone harms any person because of cessfully obtained the death penalty both; the victim’s race, gender, ethnicity, for two of the three defendants. In the color, religion, national origin, dis- ‘‘(B) shall be imprisoned for any term of years or for life, fined in accordance with case of Matthew Shepard, the possi- ability or sexual orientation, they will bility of the death penalty led to an be punished. this title, or both, if the offense includes kid- naping or an attempt to kidnap, aggravated early plea bargain that resulted in life It is important to note that the pros- sexual abuse or an attempt to commit aggra- sentences for both defendants. And in ecutor would still have to convince a vated sexual abuse, or an attempt to kill; the case of Billy Jack Gaither, the pos- jury beyond a reasonable doubt that and sibility of the death penalty caused one the criminal act was motivated by ‘‘(C) shall be punished by death or impris- of the two defendants to plead guilty prejudice, and states would be involved onment for any term of years or for life, or and testify for the Government at the in helping to determine whether a de- both, if death results from the offense. ‘‘(2) OFFENSES INVOLVING ACTUAL OR PER- trial, after which he was sentenced to fendant would be charged with a Fed- life in prison. The other killer was eral hate crime. The bill would also im- CEIVED RELIGION, NATIONAL ORIGIN, GENDER, SEXUAL ORIENTATION, OR DISABILITY.— eventually convicted and ultimately portantly require the FBI to document ‘‘(A) IN GENERAL.—Whoever, whether or not sentenced to life in prison after the and report hate crimes committed acting under color of law, in any cir- victim’s family requested that the against women. cumstance described in subparagraph (B), death penalty not be imposed. Previously the FBI was only required willfully causes bodily injury to any person Right now, in a case currently pend- to collect data from crimes committed or, through the use of fire, a firearm, or an ing in northern California, State pros- because of a person’s race, religion, explosive or incendiary device, attempts to ecutors are pursuing capital charges cause bodily injury to any person, because of sexual orientation, disability and eth- against two brothers charged with nicity. This bill will allow us to know the actual or perceived religion, national or- igin, gender, sexual orientation, or disability murdering a gay couple. And there is the ‘‘who,’’ ‘‘what’’ and ‘‘why’’ so we of any person— more. I could go on. I have three charts can work to end these crimes against ‘‘(i) shall be imprisoned not more than 10 that show just some of the hate crimes women. years, fined in accordance with this title, or cases prosecuted by State and local I know some of my colleagues have both; prosecutors where the death penalty argued that the states are doing an ‘‘(ii) shall be imprisoned for any term of was used successfully. adequate job of handling hate crimes years or for life, fined in accordance with The facts speak for themselves, and I on their own, and I commend the this title, or both, if the offense includes kid- will not go through these cases one by States for their efforts, but I believe naping or an attempt to kidnap, aggravated one. I ask unanimous consent that the the Federal government has an impor- sexual abuse or an attempt to commit aggra- vated sexual abuse, or an attempt to kill; crimes noted on these charts be printed tant role in this as well. At the Federal and in the RECORD. level, we already prosecute many ‘‘(iii) shall be punished by death or impris- There being no objection, the mate- crimes that are motivated by preju- onment for any term of years or for life, or rial was ordered to be printed in the dice. We need to strengthen these Fed- both, if death results from the offense.’’ RECORD, as follows: June 10, 2002 CONGRESSIONAL RECORD — SENATE S5273

Victim Defendant Jurisdiction Facts Penalty

James Byrd ...... Lawrence Russell Brewer ... Texas ...... Beat Byrd (an African-American) unconscious, chained him to the back Death Penalty. of a pickup truck and dragged him for miles down rural roads. John William King ...... Texas ...... Beat Byrd (an African-American) unconscious, chained him to the back Death Penalty. of a pickup truck and dragged him for miles down rural roads.. Shawn Allen Berry ...... Texas ...... Beat Byrd (an African-American) unconscious, chained him to the back Death Penalty Available. Sentenced to life in prison.. of a pickup truck and dragged him for miles down rural roads.. Roxanne Ellis and Michelle Robert Acremant ...... Oregon ...... Shot Ellis and Abdill (a homosexual couple) to death as they lay Death Penalty. Abdill. gagged in the back of his truck. Vasudev Patel ...... Mark Stroman ...... Texas ...... Shot Patel (an Indian man) after 9/11 because Stroman thought Patel Death Penalty. looked Middle Eastern. Billy Jack Gaither ...... Steven Mullins ...... Alabama ...... Bludgeoned Gaither (a homosexual man) with an axe handle, slit his Death Penalty Available. Pled guilty. Sentenced to life in prison without throat, threw him on top of a pile of tires and set him on fire. parole. Charles Butler Jr...... Alabama ...... Bludgeoned Gaither (a homosexual man) with an axe handle, slit his Death Penalty Available. Sentenced to life in prison without parole only throat, threw him on top of a pile of tires and set him on fire. because the victim’s parents requested that the prosecution not seek the death penalty. Sasezley Richardson ...... Jason Powell ...... Indiana ...... Fired 12 shots at Richardson (an African-American) in an attempt to Death Penalty Available. Pled guilty and testified for the State in order ‘‘earn’’ a spider-web tattoo from the Aryan Brotherhood. to avoid the death penalty. Sentenced to life in prison without pa- role. Alex Witmer ...... Indiana ...... Drove the truck from which Powell fired 12 shots at Richardson (an Af- Death Penalty Available. Pled guilty. Sentenced to 85 years in prison. rican-American) in an attempt to gain acceptance into the Aryan Brotherhood. Gary Matson and Winfield Benjamin Williams ...... California ...... Shot to death Matson and Mowder (a homosexual couple) ...... Death Penalty Available. Prosecution ongoing. Mowder. James Williams ...... California ...... Shot to death Matson and Mowder (a homosexual couple) ...... Death Penalty Available. Prosecution ongoing. Matthew Shepard ...... Aaron McKinney ...... Wyoming ...... Kidnapped Shepard (a homosexual college student), beat him so se- Death Penalty Available. Sentenced to two consecutive life terms. verely that his skull was fractured a half dozen times, tied him to a Avoided the death penalty by agreeing not to appeal the life sen- fence post and left him to die. tences. Russell Henderson ...... Wyoming ...... Drove the truck into which Shepard (a homosexual college student) Death Penalty Available. Pled guilty in order to avoid the death pen- was lured, helped tie him to a fence, and, at the very least, stood alty. Sentenced to two consecutive life terms with no possibility of by while Shepard was beaten senseless. parole.

Mr. HATCH. Madam President, none I noticed the distinguished Senator and I stand to express my disagreement of these results—none of these death- from Oregon is here, and I yield the with parts of what they say. penalty-eligible cases shown on these floor. What is the role of the Federal Gov- charts—would have been possible under The PRESIDING OFFICER. The Sen- ernment? Some have suggested that we S. 625—not one of them. This legisla- ator from Oregon. have no place here, that this is the role tion, while federalizing hate crimes, Mr. SMITH of Oregon. Madam Presi- of the local and State law enforcement. would not allow capital punishment for dent, I have every day put into the I believe the role of the Federal Gov- those who murder savagely out of big- CONGRESSIONAL RECORD the details of a ernment is whatever is necessary to otry, prejudice, or hatred. The prac- hate crime. These are always violent, make sure that justice is done, not to tical effect of S. 625 is to substantially they are always sickening, but they overtake local and State authorities weaken existing State law. In fact, also happen to an American citizen. but to help, to contribute, to backstop, even 18 U.S.C. section 245, the current They happen sometimes because the to provide resources, to provide skills Federal law that specifically addresses victim is black, gay, disabled, female, that sometimes are uniquely had by hate crimes, provides for the death or even of Middle Eastern descent. And the Federal Government. penalty. yet they are all Americans. So they I just came from a press conference It is truly ironic that S. 625’s failure ought to have the concern of all in the with Sheriff David O’Malley from the to provide for the death penalty actu- Senate. State of Wyoming. He was the local ally represents a decided benefit to I wish to speak again on the Senate law enforcement official who pursued those who would commit these heinous floor about another crime. It is grue- and ultimately helped in the prosecu- crimes, and it takes away some of law some. It happened just a year ago, and tion of the murderers of Matthew Shepard. It was, frankly, his visit to enforcement’s most important pretrial it involved a young Navajo boy by the my office, with the mother of Matthew bargaining techniques in order to get name of Fred Martinez, Jr. He had gone Shepard, Judy Shepard, that persuaded one or more witnesses to these crimes to a local rodeo. He was openly gay; ap- me to take another look at this issue. to testify or one or more participants parently also transgender; again, of Sheriff O’Malley made clear to me to testify against the others. Not only Navajo descent. He was found south of that he was a conservative Republican, would this legislation undermine exist- Cortez, CO. He had died after being re- but he was for Federal hate crimes leg- ing State laws, but it would substan- peatedly hit on his head with a rock islation because he could have used the tially weaken their protections and and left in a small canyon, possibly help. The horror of that young man’s weaken law enforcement’s ability to suffering for an extended period of time murder so galvanized national opinion get to the bottom of some of these before dying. and the focus of the media that their crimes. In consequence, this legislation Police investigated this murder as a little Laramie, WY, law enforcement would be less likely to deter future hate crime. The perpetrator of this was overwhelmed by the national scope hate crimes as well as many State laws crime, who was recently sentenced, al- of this tragedy. Frankly, they did end on the books today. legedly bragged he ‘‘bug-smashed a up prosecuting it well, doing it right, If we as an institution are serious fag.’’ convicting these murderers, but his about addressing the problem of hate The victim’s mother told the press point was the Federal Government crimes, then we must permit for the that she believes her son was killed be- should have been able to show up: We possibility of the death penalty as cause he identified himself as could have used the help. being the appropriate punishment in transgender. He occasionally dressed as In the case of James Byrd in Texas, some of these cases. If we are to take a girl. In the mind of his murderer, another hideous case, where a black these sorts of cases away from State Fred deserved to die for such conduct. man was dragged to death, in that and local law enforcement officials who I believe the Government’s first duty case, because our Federal hate crimes have been doing such a thorough and is to defend its citizens against hatred, law already covered issues of race, the effective job prosecuting them with the against the harms that flow from a Federal Government was able to show possibility of the death penalty, then hate-filled heart. I stand in support of up to work and were exceptionally our Federal prosecutions must be the Local Law Enforcement Enhance- helpful in the pursuit and the prosecu- equally well equipped and prepared to ment Act of 2001 to make sure that tion of the murderers of James Byrd. do as good a job as State and local offi- should it ever happen again to a Fred My response then is, what role is cials have done. Martinez, or anyone else, it will not go there for the Federal Government? That is why it would only make unresponded to by law enforcement at Whatever role is necessary to assure sense to support my amendment to every level. That is really what this that justice is done. I would like to see provide for the possibility of the death bill is about. the Federal Government show up to penalty in appropriate cases if you sup- I have listened to my colleagues and work and express the great heart and port the underlying bill. their concerns about this legislation, the values of the American people. S5274 CONGRESSIONAL RECORD — SENATE June 10, 2002 As I listen to some of my colleagues’ I think the argument that is being thing, from a civil rights standpoint, complaints, I frankly think they make, made is against the whole statute of that I mentioned earlier today; that is, on occasion, some very valid points. hate crimes. It should not be made race, color, religion, and national ori- But their point should not be against against gays and lesbians, but it is. gin. Do I think gay people ought to be including gays, gender, and the dis- I would like to draw the attention of attacked, brutalized, and mistreated? abled. Their argument is really against my colleagues to the case of Mark Heavens, no. I believe these matters the whole category of hate crimes, this Bangerter from Boise, ID. He was the have been taken care of at the State Federal law we have had for over 30 victim of a brutal attack, and he wrote and local law enforcement levels. If years. Since 1968, we have had Federal the Justice Department and asked for they are not, they should be. We should hate crimes legislation. As I pointed help in pursuing those who had been do that. My amendment that I will out, it helped in the case of pursuing hurtful to him. offer provides the money, the facilities, the murderers of James Byrd. It did The Justice Department writes back and the ability for the State and local not help in the case of Matthew to him saying: law enforcement people to do it if they Shepard. Dear Mr. Bangerter: This letter is in re- need extra help. My point to them is, why oppose its sponse to your report that on April 15, 1998, I do not think a case is made that we expansion? Why don’t they go after you were the victim of a vicious attack by should give protective status to anyone race, religion, and national origin? If it an unidentified individual who apparently other than for race, color, religion, or is good for those categories, why is it believed that you were homosexual. Accord- national origin, unless we can show not good for these new categories? ing to the information you provided Special that State and local law enforcement is Agent Joseph W. Hess, Jr., on May 12, 1998, That is a question I simply have not not doing its job. If they are not doing the attack caused you severe facial injuries the job, I am the first to support, the yet had answered. and total blindness in your left eye. Your Questions as to constitutionality case was thoroughly discussed with the first to come out and say nobody have been raised, and there may be a United States Attorney’s office in Boise, should be mistreated. The law should point I am missing, but this issue has Idaho, in an effort to explore prosecutive cover everyone. been fully vetted by the U.S. Supreme possibilities under existing Federal hate I made the point, however, that Court. crime laws. I must regrettably inform you under current law, the Matthew In two cases, RBA v. The City of St. that as a result of those discussions, it was Shepard case and the James Byrd determined that sexual orientation does not Paul, and Wisconsin v. Mitchell, these case—two of the most flagrant exam- fall within the listed elements of hate ples of vicious, unforgivable conduct— cases clearly demonstrate that a hate crimes. Therefore, the Federal Bureau of In- crimes statute may consider bias moti- these cases were handled well by State vestigation lacks the statutory authority to and local law enforcement. And, be- vation when that motivation is di- investigate the attacks against you. I rectly connected to a defendant’s strongly encourage you to recontact the cause the prosecutors had the death criminal conduct. We are not going Boise Police Department and request that an penalty to hold over these defendants, after speech. We are not going after investigation be fully conducted. Sincerely these criminals, these vicious racists, thought. We are going after conduct. yours. they were able to force some of the wit- As with any criminal law, in any Had Mr. Bangerter said, please pur- nesses to cooperate, which helped re- criminal act there are elements of the sue these criminals because I am black, sult in a conviction in one of the trials. In the case of Matthew Shepard, they crime. This is yet another element. It they would have been able to do that. obtained a guilty plea immediately, is not the crime, but it is an element in He said, please pursue them because I and thus, preserved judicial resources making up the category of the crime. am gay, and the Federal Government and saved taxpayers extensive amounts By requiring this connection to crimi- was not able to do that. of money. The guilty plea was entered nal activity, these statutes do not chill I think that is wrong, and the over- whelming heart of the American people into to avoid the death penalty. Having protected speech and do not violate the that bargaining tool is a crucial part of first amendment. In Wisconsin v. calls upon us to expand an existing constitutional law and to cover these law enforcement. Mitchell, the Supreme Court made This bill does not preserve this tool. people who, because of their minority clear that: That is one of the most glaring defects status, are more likely victims of The First Amendment does not prohibit in this bill. the evidentiary use of speech to establish the crime. Again, if there is a problem with There are no demonstrated problems elements of a crime or to prove motive or in- this, it says to the whole category of with State and local enforcement of tent. crime it should not be a problem just hate crimes. So it seems clear to me that one can because we would include these newly I am aware of only one time when say whatever they want about gays, identified minority groups in America; hearings were held on this legislation. transgenders, and women. They are not they are certainly deserving of the pro- Those are the ones that I, as chairman, prohibited from doing that. If they act tection of this law, the values behind scheduled in 1999. Deputy Attorney on it, that can be an element in deter- this law, which frankly are denied to General Eric Holder conceded in his mining whether this falls under the them now and ought not to be any testimony that an analysis of the hate Federal hate crimes law. longer. crimes statistics that have been col- So those who oppose this, I really I am sorry I have to bring our atten- lected needs to be conducted to deter- think their argument is not towards its tion to yet another hate crime in this mine whether State and local authori- expansion but against the law as a cat- country, but I suggest it is another rea- ties are failing to combat hate crimes. egory itself. So their amendment son we ought to act and we ought to do Eric Holder testified that the statistics should be to get rid of this as a cat- so quickly. we have are, to use his term, ‘‘inad- egory. I will not be voting for that. I Senator HATCH raises a valid point. I equate.’’ would not suggest anyone do that be- am loathe to see this legislation slowed In fact, there has been never been a cause I believe our hate crimes law up. I hope the House will take it up. showing that state and local law en- truly does reflect the big heart of the Perhaps the point he is raising can be forcement officials have been ignoring American people. All crime is hateful. resolved then. It is important for this or neglecting—much less intentionally That is a given. We grant that. But Senate to act this week on this issue. failing—their duty to prosecute these when an attack is made on a Navajo I yield the floor. heinous offenses. homosexual boy, and he is thereby a The PRESIDING OFFICER. The Sen- Because we don’t know the real facts part of a crime which victimizes a ator from Utah. on this critical issue, we have a duty to much larger community, what is wrong Mr. HATCH. Madam President, 95 find out before we pass such sweeping, with our saying, as a people, we want percent of all criminal activities are constitutionally suspect legislation. every level of government—the local, prosecuted by State and local law en- I have only learned of a handful of the State and the Federal Govern- forcement and are prosecuted well. cases—less than a dozen, some of which ment—to help to pursue and prosecute That is the way it ought to be done. stretch back almost two decades— such crime? I cannot see the problem That is what is expected to be done. where state and local officials are al- with it. Our laws already cover virtually every- leged to have failed to investigate or June 10, 2002 CONGRESSIONAL RECORD — SENATE S5275 prosecute hate crimes. This is far from tool in causing others to testify At a time when this Nation is in a compelling evidence in a system of jus- against their co-perpetrators. Take war against terrorism abroad, it is not tice where, according to the most re- that tool away and I suggest we will be inappropriate for us to focus as a Con- cent FBI statistics, citizens report harming the efforts to try to solve the gress upon terrorism committed at some 11 million criminal complaints in problems of hate crimes and criminal home. What happened to Matthew one year, and state and local law en- activity. Shepard was terrorism. I think it is ap- forcement officials make some 14 mil- What is wrong with this bill? It goes propriate for the Federal Government lion criminal arrests. way beyond what is necessary and to say it can help in this instance as These numbers make another impor- makes almost every case that is now well. tant point. State and local law enforce- prosecuted at the State and local level So if there are flaws in this bill, let’s ment officials process the over- a Federal crime. The fact is that al- fix them in conference. But let’s ad- whelming majority of all crimes—some most all crime involves hatred. I know vance this bill because it is the right 95 percent of all criminal activity. the distinguished Senator from Massa- time and it is the right way in which to There are good reasons for that. Frank- chusetts tried to prevent including do it. ly, they do every bit as good a job as every rape as a hate crime. But the bill Again, I deeply respect the motives Federal prosecutors. is written so broadly that it looks to of the ranking member of the Judiciary If we really want to do something me as though they are making all rape Committee. I know his heart. It is as about hate crimes, on a Federal level, cases, all cases with sexual allegations, good a heart as there is in the place. I we should at the least allow for the hate crimes, prosecutable by the Fed- know he feels as I do when people are death penalty so law enforcement and eral Government, even though the victimized. I think he is genuinely try- prosecutors can obtain immediate co- State and local prosecutors are totally ing to find the right procedural way to operation and guilty pleas, and so de- capable of prosecuting these cases. get the Federal Government involved fendants will have an incentive to tes- I suggest the absence of a quorum. in helping. tify against fellow perpetrators, which Mr. SMITH of Oregon addressed the But all you have to do is go to small results in bringing these matters to an Chair. town America where many of these end quickly without high costs. The PRESIDING OFFICER. Will the horrible acts are committed and ask In most cases, the death penalty Senator withhold his request? them if they couldn’t use the helping would probably not be imposed, but the Mr. HATCH. Yes. hand of the Federal Government. I The PRESIDING OFFICER. The Sen- fact that it could be imposed is a very think they will tell you overwhelm- ator from Oregon. important element in getting to the Mr. SMITH of Oregon. Madam Presi- ingly: Yes, and it is about time you bottom of a lot of these cases. dent, I would like to state for the showed up to help. We are talking about a very impor- record my belief that there is not a So I urge my colleagues to vote for S. tant set of issues. It is nice to be emo- Senator in the Senate with a bigger 625. Now is the time and it is about tional; it is nice to talk about how big time. I yield the floor. heart or better heart than ORRIN our hearts should be. I don’t think any- The PRESIDING OFFICER (Mr. CAR- HATCH. It is a great privilege to serve one can claim they have a much larger with him. He and I just differ about the PER). The Senator from Utah. Mr. HATCH. I appreciate the remarks heart than I have. I have proven it appropriateness of the Federal involve- of my distinguished friend about the through all the years. The fact is, there ment. is a reason our Founding Fathers want- I think the Federal involvement in way he feels about these matters. I feel ed State and local law problems pros- the statute we proposed will be mini- precisely the way he does. We are very ecuted by State and local prosecutors. mal, but it will be allowable. It will be close friends. I don’t think you can find They are the people closest to them; rare that the Federal Government is closer friends in the Senate. I think they are the people who understand the brought in. But, again, it took a Re- most people who know me know that I neighborhoods; they are the people who publican from Wyoming, Laramie, WY, have very deep feelings that no one understand the cities; they are the peo- the sheriff, to come and tell me, just in should be brutalized in our society, re- ple who understand the people. They do a practical way, how helpful it would gardless of what their sexual orienta- every bit as good a job as the Federal have been if Federal resources and in- tion is. prosecutors do. volvement had been included in the But this is a big step. If we take this I feel deeply about these matters. I prosecution of the Matthew Shepard bill without the death penalty, then we don’t want anyone to be hurt by hate case. are actually reducing the ability of law crimes. It is not right. No one should If in the case of James Byrd it was enforcement to go after these people care what their orientation is. It is just appropriate, why not in the case of and to get cooperation from other wit- not right. I have to say, if the State Matthew Shepard? Moreover, why nesses and from co-perpetrators. and local law enforcement people were should we not, at this time in our Na- One of my favorite programs on tele- not doing their job, it would be another tion’s history, say to the gay and les- vision happens to be ‘‘Law and Order.’’ matter. bian community: We care. We do have If you watch that, you will see the My colleague, Senator SMITH of Or- a big heart. We have a way to include prosecutors regularly use the death egon, cited an incident in Idaho where you. And this is the barest of mini- penalty as a tool. While fictional, this the victim asked the FBI to step in and mums that we ought to do in their be- television show is based substantially assist in the prosecution. They said half. on what goes on in real life. Most at- they could not because there was no I think if you are a Navajo gay boy in torneys who watch the show are pretty applicable federal statute. As I under- a lonely Colorado canyon near a small impressed with the program. I am one stand it, there is no allegation that the town where local law enforcement is of them. You will notice in many cases crime was not prosecuted by State offi- ill-equipped to assure justice is done, that they will use the potential of cials. In fact, I understand they re- that it is entirely appropriate for us being subjected to the death penalty to ceived a conviction in that case. now to make available the law enforce- get one or more of the perpetrators to A lot of this is based on emotions. I ment arm and resource and authority testify against the others. Frankly, it would like to address the issue from a of the U.S. Government. is very effective on this show and in law enforcement basis that makes I do not wish to subvert in any way real life. sense, that really does the job. That is the local law enforcement that is the I, for one, believe that the death pen- why I filed this amendment on the bulwark against crime in this country. alty should be used only in the most death penalty, because that is one of Indeed, that is why we call this the narrow of circumstances. But I believe the great tools Federal and local pros- Local Law Enforcement Enhancement it is a tool that would certainly help in ecutors have. The very fact that they Act. We are simply trying to enhance prosecuting hate crimes. It would cer- might have to face the death penalty if the pursuit and prosecution and pun- tainly help almost every prosecutor they roll the dice and go to the jury, it ishment of those who would commit who wants to go after violent criminals is one of the great tools that forces the most malignant kinds of crime in who act in concert. It certainly helps people to come clean. It is also a great America. our State and local prosecutors, and it S5276 CONGRESSIONAL RECORD — SENATE June 10, 2002 would help the Federal prosecutors. debated it, and we will have had a that following the vote, the amend- But in this particular bill that has chance to improve this bill by leaps ment to the preamble be agreed to, the been introduced by my distinguished and bounds. preamble be agreed to, as amended, friend from Massachusetts, the death During our last debate on hate without further action or debate. penalty is taken out of the hands of crimes, Senator KENNEDY criticized me The PRESIDING OFFICER. Is there Federal prosecutors. for arguing against the federalization objection? So all we are doing in this intellec- of hate crimes when I have supported Without objection, it is so ordered. tual, political exercise, in many re- providing Federal jurisdiction in other, Mr. REID. Mr. President, I ask for spects, is tying the hands of Federal completely unrelated areas, such as the yeas and nays on the vote. prosecutors, while immensely expand- computer fraud or class actions. This is The PRESIDING OFFICER. Is there ing the Federal jurisdiction over vir- the classic apples versus oranges argu- objection to it being in order to request tually all crimes that are called ‘‘hate’’ ment. the yeas and nays at this time? crimes—in complete disregard for the In those other cases, there has never Without objection, it is so ordered. fact that 95 percent of all prosecutions been any serious question that the pro- Is there a sufficient second? are prosecuted at the State and local posed Federal jurisdiction would be There appears to be. level, and are prosecuted well. constitutional. I consider every piece The yeas and nays were ordered. I know the distinguished Senator of legislation on its own merits. Mr. REID. Mr. President, I also an- from Oregon cited the Bangerter case. The distinguished Senator from Mas- nounce, on behalf of the majority lead- The people who attacked Bangerter sachusetts, a noted opponent of the er, this will be the only vote this and hurt him were prosecuted and con- death penalty, nonetheless has voted in evening. victed, as I understand. There are the past for legislation that provides The PRESIDING OFFICER. The Sen- bound to be maybe four or five cases for the death penalty. My conviction ator from Wisconsin is recognized. over the last decades that weren’t pros- that S. 625 is unconstitutional is in no f ecuted. But that doesn’t justify giving way inconsistent or contradictory. UNANIMOUS CONSENT REQUEST— this wholesale expansion of state au- Whether or not a State may have a S. RES. 282 thority to the Federal prosecutors. specific law prohibiting hate crimes One of the things I personally chat- does not mean that they are failing to Mr. FEINGOLD. Madam President, in ted about with the current Chief Jus- vigorously prosecute them. Every hate 3 days’ time, the United States will tice and other Justices on the Court— crime, every bit of criminal conduct withdraw from the 1972 Anti-Ballistic one of the things I personally discussed that S. 625 proposes to federalize is and Missile Treaty. And it appears that we with them—is their concern about the always has been a crime in every juris- will do so without a significant debate continual increase of the number of diction throughout our Nation, crimes on this issue in the Senate. For 30 statutory Federal crimes when there is which have been effectively prosecuted years, the ABM Treaty has been the no evidence that the State and local by State and local prosecutors. foundation upon which our strategic prosecutors are not doing their job. When we challenged the Clinton ad- relationship with Russia has rested. So The amendment I intend to file at a ministration and the then Deputy At- I am troubled that this historic treaty later time, which will be a substitute torney General, Eric Holder, to come is about to be dissolved without so for the bill of the distinguished Sen- up with any examples where local pros- much as a hearing or even any debate ator from Massachusetts, provides for ecutors were not taking care of these in this body. I also regret that the the tools and the help for those small problems, they could not do it. President made this important deci- communities, such as the one in Colo- In fact, prosecutors sometimes do not sion without consulting with the Sen- rado that distinguished Senator from like to charge a crime as a hate ate. I find this troubling on both con- Oregon referred, to prosecute these crime—especially when the penalties stitutional and policy grounds. crimes. are no different because they have to Article II, section 2 of the Constitu- Although there is no evidence that prove an extra element: The motive of tion states that the President ‘‘shall they can’t do it or that they aren’t the defendant to commit the crime have the Power, by and with the Ad- doing it, my amendment makes sure based on bias. That is an extra element vice and Consent of the Senate, to that hate crimes will and can be pros- that would have to be proven, and it make Treaties, provided that two ecuted by providing resources. makes it tough to get convictions in thirds of the Senators present concur. If my friend from Oregon is truly some of these cases. ***’’ The Constitution is silent on the only concerned with enhancing local It is no answer to say that a State process by which the United States can law enforcement—this bill, ironically, may not have a hate crime or may not withdraw from a treaty, and the record is called the Local Law Enforcement be charging enough cases under a spe- of the Congress and the executive Enhancement Act. This bill takes away cific hate crime law. The real question branch is mixed. the authority of local law enforcement is, Are States failing to prosecute hate But, the intent of the Framers, as ex- and puts it in the hands of Federal crimes? The answer is a resounding no. plained by Thomas Jefferson, is clear. prosecutors when there is no evidence I suggest the absence of a quorum. In section 52 of Jefferson’s Manual, he they need to do that. Nor is there any The PRESIDING OFFICER. The writes, ‘‘Treaties are legislative acts. A indication that we should turn over clerk will call the roll. treaty is the law of the land. It differs this kind of responsibility to Federal The legislative clerk proceeded to from other laws only as it must have prosecutors, nor that they should have call the roll. the consent of a foreign nation, being the right to come in and overrule local Mr. REID. Mr. President, I ask unan- but a contract with respect to that na- prosecutors in the process who are imous consent the order for the tion.’’ And article II, section 3 of the doing the job. quorum call be rescinded. Constitution states that the President If my colleague from Oregon is truly The PRESIDING OFFICER. Without shall ‘‘take Care that the laws be faith- only concerned with enhancement of objection, it is so ordered. fully executed. . . . ’’ local law enforcement, I hope he will f Jefferson continues, ‘‘Treaties being vote for my substitute which will be of- declared, equally with the laws of the fered later in this debate. UNANIMOUS CONSENT United States, to be the supreme law of That is what my substitute will do— AGREEMENT—S. RES. 272 the land, it is understood that an act of enhance and not supplant local State Mr. REID. Mr. President, I ask unan- the legislature alone can declare them prosecutors. I will discuss that in de- imous consent that at 5:45 p.m., today, infringed and rescinded. This was ac- tail later, and hopefully we will be able the Senate proceed to the consider- cordingly the process adopted in the to bring it up and get a time agreement ation of S. Res. 272, regarding the de- case of France in 1798.’’ It is worth not- whereby we have a limited number of livery of signatures to the Cuban Na- ing that four signers of the Constitu- amendments. And that will certainly tional Assembly; that the substitute tion were serving in the Congress when be one of them. If we win, we win. If we amendment be agreed to; and the Sen- this first treaty termination oc- lose, we lose. But at least we will have ate vote on the resolution, as amended; curred—by an act of Congress—in 1798, June 10, 2002 CONGRESSIONAL RECORD — SENATE S5277 just 11 years after the Constitutional act on this important issue, we are stances we should know about so that Convention. granting the executive branch undue li- we could give the kind of medical care So it is clear to me, as obviously it cense to trample on the constitutional that would be important as the U.S. was to Thomas Jefferson, that Con- prerogatives of the Senate and to blur Government ought to be protecting the gress has a constitutional role to play the separation of powers and system of people, particularly the people who in terminating treaties. If advice and checks and balances. I am concerned served in uniform trying to protect consent of the Senate is required to that the Senate’s inaction today tips this country. enter into a treaty, this body should at the scales dangerously in favor of the When this came to my attention last a minimum be consulted on with- executive branch. week, I wrote to the Secretary of De- drawing from a treaty, and especially The PRESIDING OFFICER. The Sen- fense and asked him for an expla- from a treaty of this magnitude, the ator from Florida is recognized. nation. I have written to our wonderful termination of which could have last- Mr. NELSON of Florida. Mr. Presi- chairman of the Armed Services Com- ing implications on the arms control dent, I would like to be recognized to mittee, Senator LEVIN, and asked him and defense policy of this country. address the Senate. to conduct an inquiry and hearing, if Today the ABM Treaty is the supreme The PRESIDING OFFICER. The Sen- necessary, and if it needs to be classi- law of the United States. The Senate ator is recognized. fied, then we can operate in the Armed Services Committee in a classified should not stand by while the adminis- f tration unilaterally abrogates this manner to find out what the degree of THE SHAD PROJECT treaty. exposure was and what the degree of I am concerned about the message Mr. NELSON of Florida. Mr. Presi- medical attention should be in order to that the Senate’s inaction sends to this dent, over the course of the last few protect these American citizens. administration and future administra- days, I have learned some rather dis- If that is not enough, I have also had tions about how seriously we will take turbing news about U.S. servicemen my suspicions aroused because in the our constitutional responsibilities with being used as human guinea pigs. It is 1950s there was a test going on in the old Boca Raton airbase. This was an regard to the termination of treaties. a project that was carried out in the airbase that during World War II was a As Jefferson noted, a treaty is equal 1970s aboard ships, the ships in the Pa- training base for flyers. After World with a law. A law cannot be declared to cific, a project known by the acronym War II, in the 1950s, there was research be repealed by the President alone. of SHAD—S-H-A-D. It was basically going on at this particular airfield to Only an act of Congress can repeal a using various biological and chemical develop a toxin that would attack and law. Action by the Senate or the Con- agents to expose our sailors, sup- posedly, in an attempt to have a readi- kill the Soviet wheat crop. gress should be required to terminate a Remember, in the 1950s we were im- treaty. ness should that kind of an attack occur upon our troops. At that time we mersed in the cold war. We didn’t know Momentarily, I will seek to bring up what to expect. We had the two nuclear were still involved in the Vietnam war. a resolution on this issue. The resolu- superpowers. We were investigating: tion is very simple. It just expresses But with the information that I have received, it is unclear if, in fact, the Could we develop a toxin that, if the the sense of the Senate that the ap- United States were attacked, with troops—in this case, the sailors—were proval of the Senate is required to ter- which we would be able to attack their told about the test and were, in fact, minate any treaty and states that the agricultural supply. Senate shall determine the manner by given the appropriate warnings to get Why was that done in Florida? Well, which it gives its approval to such a the proper protective gear. we don’t raise wheat in Florida. So The reason this has come to light— proposed termination. Finally, the res- that is one of the reasons Florida was olution disapproves of the withdrawal and I want to give credit where credit chosen. But in addition to the Boca of the United States from the ABM is due—there is a brave and courageous Raton location, there were other field Treaty. Congressman in California, Congress- tests made not only for wheat but per- Madam President, I ask unanimous man THOMPSON, who has been railing haps for other substances that I have consent that the Senate proceed to the about this issue. But it has recently been able to find out about just in the consideration of S. Res. 282, which I come to my attention because several State of Florida, in locations such as submitted earlier today, that the reso- of those now retired sailors are being Belle Glade, Fort Pierce, Avon Park, lution be agreed to, and the motion to notified by the U.S. Government that and Panama City. reconsider be laid upon the table with- they should come in and get examined A couple of months ago, I wrote to out intervening action or debate. medically, and some of those former the Department of Defense and asked The PRESIDING OFFICER. Is there sailors are in the State of Florida. for information about this matter, objection? Now, here is the extent of it. There along with the same line of inquiry Mr. HATCH. Madam President, I ob- were some 113 tests that were made. which I have just spoken about with re- ject. The only ones that have been released gard to SHAD, the gassing of the sail- The PRESIDING OFFICER. Objec- thus far are some 12 of the 113 tests. ors in the 1970s. I wanted to know: tion is heard. According to the sources I have, in Were people at risk? Were military per- Mr. FEINGOLD. Madam President, I those 12, there were a total of 4,300 sail- sonnel exposed? Were civilians ex- was not surprised, but I do regret that ors who were exposed to these chemical posed? And on the 85-acre parcel to the there has been an objection to the Sen- and biological agents that were north of what is now Florida Atlantic ate taking up this resolution and ex- sprayed on or over the ships in the Pa- University, built on the Boca Raton pressing its will on this important cific in the 1970s. Of those 4,300 sailors, airport, a part of the old airbase, an 85- issue. only 622 have been notified and have acre area to the north where this test- I am troubled that the Congress ap- been notified by mail. ing was going on, were there toxins pears willing to cede its constitutional By the way, how it came to my at- that were dumped there? Were there responsibility on this matter to the ex- tention is 51 of those 622 happen to re- toxins buried there? ecutive branch. I am concerned about side in the State of Florida. Basically, to my inquiry to the De- the signal that the Senate’s refusal to This, in and of itself, portends some partment of Defense a couple months act sends to the executive branch and very serious consequences for our coun- ago, they said they could not tell me what it could mean for the future of try. As a member of the Senate Armed because it was classified. Well, the Sen- other treaties with which this or other Services Committee, I want to know, ate Committee on Armed Services is administrations may not agree. now some three decades later, that we not only capable but is quite experi- The Senate does not grant its advice are contacting these sailors to come in enced in handling highly classified and consent to ratify treaties lightly, and get checked medically. I want to matters of the Government. The De- and we should not abrogate our respon- know the details. fense Department had better be forth- sibility to express the will of this body I want to know who were the mili- coming to let us know if there is a on whether the United States should tary personnel, were there any civilian problem, and if there is, what we are withdraw from treaties. By failing to personnel, and were there any sub- going to do about it. S5278 CONGRESSIONAL RECORD — SENATE June 10, 2002 These two issues have come up in the Mr. DODD. I see my colleague from in Cuba and sought to change it from last few days and have certainly the State of Washington who wants to within. aroused my suspicions. I call on the address another matter. I will be brief. Those voices have called for the good offices of the Secretary of De- I commend our colleague from Flor- United States to engage with Cuba. fense, who I think personally is doing a ida for crafting this resolution, which Those voices have called for an end to very good job, to see that his organiza- will be voted on shortly, by the Senate. the travel ban. tion snaps to and produces the docu- He is absolutely correct, it did come If the Carter visit demonstrated any- mentation the Senate needs in its over- out of our committee with a unani- thing, it demonstrated that the pres- sight capacity. mous vote. ence of Americans in Cuba offers op- f Mr. President, I rise in support of S. portunities for more political space in Res. 272. All too often when we have Cuba not for shoring up the Castro re- VARELA PROJECT engaged in debate on matters related gime. Mr. NELSON of Florida. Mr. Presi- to Cuba, there have been a great deal of Mr. President, the Varela project was dent, in just a few minutes we will polemics—a lot of heat but very little inspired by Cuban citizens. These citi- have a vote on a resolution, thanks to light shed on the subject matter under zens have taken advantage of rights the chairman of our Western Hemi- debate. That is not the case with the provided to them under the Cuban Con- sphere Subcommittee, Senator DODD, resolution we are considering this stitution. The Cuban government and the chairman of the Foreign Rela- afternoon. should honor those rights and give seri- tions Committee. He so graciously, for I have been critical in the past on ous consideration to this request. me, has set this vote in just a few min- various policies the US has pursued re- We in the United States should dem- utes on a resolution that passed out of garding Cuba. The audience we ought onstrate self restraint and allow Cu- the Foreign Relations Committee to listen to most are the people behind bans to retain ownership of this initia- unanimously commending, as a Senate the projects like the Varela Project, tive. We need to be careful not to ap- resolution, the very courageous citi- the people who have stayed in Cuba to propriate these internal efforts inside zens in the country of Cuba who have try to bring about change there—those Cuba. If we give it too much of a label put their lives on the line by putting who have been incarcerated for 15, 20, of ‘‘made in the U.S.,’’ then this their names and addresses on the line 25 years, in some cases longer—because project will be hurt and the effort will under the Cuban Constitution, peti- of their political views. Those who be hurt. We have been warned repeat- tioning for free elections, petitioning have authored this Varela Project de- edly by dissidents and human rights for freedom of speech, petitioning for a serve a great deal of credit for having activists inside Cuba that, too often, if release of political prisoners, peti- the courage to round up 11,000 signa- we become associated with efforts tioning to move from a state-con- tures, which is remarkable considering there, they are seen as nothing more trolled economy to an economy of free some of the pressures they will be than tools of United States foreign pol- enterprise. Those 11,000 courageous under. icy with regard to Cuba. We should try citizens, operating under the Constitu- I commend Senator BILL NELSON of not to give the Castro government any tion of Cuba, stepped forth under the Florida for crafting this resolution. He opportunities to suggest that this is constitutional provision that says if has attempted to stick to the facts and just another plot by the United States over 10,000 petition the Government, to keep the spotlight on what is actu- to attack the Cuban people. the Government will take up the mat- ally happening on the Island of Cuba. ter in the National Assembly to act on I commend the organizers of the This resolution recognizes a remark- Varela initiative and all who have those four freedoms I just mentioned. able occurrence—the fact that 11,000 I want to bring to the attention of joined with them in their effort to seek Cubans have petitioned their govern- our colleagues the fact that these peo- peaceful change in Cuba. I stand ready ment for the holding of a referendum ple have put their lives on the line. The to listen to their voices and assist on civil, political and economic Castro government could stop it to- them in any way they believe will be changes they wish to see. It is also re- morrow. But today the Senate will helpful in bringing their aspirations to freshing that, thus far, the government send a strong message of support for fruition. of Cuba has taken no action against these courageous citizens of Cuba who What is most important is not what the organizers of this effort. are playing by the rules and who want we do, but rather what they are doing Thanks to the recent visit of former to see the winds of change and the in Cuba, what they are showing by President Jimmy Carter to Havana last fresh breath of freedom suddenly start their tremendous sense of commitment month, the Varela project now has to be realized in Cuba. to democracy and freedom. For those I am so grateful to the chairman of international visibility. More impor- reasons, we are endorsing their effort the full committee and the chairman of tantly, because President Carter’s with this resolution, and I strongly the subcommittee that they have speech, including references to this ef- support it and urge its adoption. brought forthwith so quickly this reso- fort, was broadcast on Cuban TV and I yield the floor. radio, and reprinted verbatim in the of- lution so that the Senate can stand on f record to commend these citizens in ficial Cuban newspaper, the Cuban peo- ple are now aware of this as well. THE VARELA PROJECT’S COLLEC- Cuba. TION OF CERTIFIED SIGNATURES I see my colleague, the chairman of The organizers of Varela have chosen IN SUPPORT OF A NATIONAL our subcommittee, ready to speak. Few to exercise their rights under the REFERENDUM AND THE DELIV- people knew about this project called Cuban Constitution to submit legisla- ERY OF THESE SIGNATURES TO the Varela Project until President tive proposals to the National Assem- THE CUBAN NATIONAL ASSEM- Carter went to Cuba. When he had that bly for its consideration. Some in the BLY chance to speak live to the Cuban peo- Cuban exile community have been crit- ple by radio and TV, he spoke about ical of this effort because they believe The PRESIDING OFFICER. Under the Varela Project and how courageous it legitimizes the Cuban constitution the previous order, the clerk will re- these folks were. All the people of Cuba and therefore it should be opposed. I re- port the resolution by title. now know what it is. Today, the Senate ject that argument. The legislative clerk read as follows: is going to have a chance to go on For too long we in the United States A resolution (S. Res. 272) expressing the record to support them. have tried to tell the Cuban people sense of the Senate regarding the success of I thank the Chair and yield the floor. what is best for them. We did so at the the Varela Project’s collection of 10,000 cer- The PRESIDING OFFICER. The Sen- time of Cuban independence from tified signatures in support of a national ref- ator from Connecticut. Spain and we did so again during the erendum and the delivery of these signatures Mr. DODD. Mr. President, there are Batista regime. The result was the 1959 to the Cuban National Assembly. only a few minutes before the vote. Cuban revolution and the Castro Gov- The Senate proceeded to consider the What time is the vote? ernment. resolution, which had been reported The PRESIDING OFFICER. The time Let’s listen to the voices inside Cuba. from the Committee on Foreign Rela- is 5:45. Let’s listen to those who have stayed tions with an amendment and an June 10, 2002 CONGRESSIONAL RECORD — SENATE S5279 amendment to the preamble, as fol- Whereas the Varela Project is engaged in the (Mr. TORRICELLI), are necessarily ab- lows: promotion of a peaceful transition to democracy sent. (The parts of the preamble intended in Cuba: Now, therefore, be it I further announce that, if present ø to be stricken are shown in boldface Resolved, That the Senate— and voting, the Senator from New Jer- ø(1) supports the constitutional right of brackets, and the parts of the preamble the citizens of Cuba who have signed the sey (Mr. TORRICELLI) and the Senator intended to be inserted are shown in Varela Project to petition the Cuban Na- from Connecticut (Mr. LIEBERMAN) italic.) tional Assembly for a referendum; would each vote ‘‘yea.’’ S. RES. 272 ø(2) calls on the Cuban government to ac- Mr. NICKLES. I announce that the øWhereas Article 88 of the Cuban Constitu- cept the Varela Project petition and, in ac- Senator from North Carolina (Mr. tion states that the Cuban National Assem- cordance with its obligation under Article 88 HELMS), the Senator from Ohio (Mr. bly should schedule a national referendum if of the Cuban Constitution, to hold a ref- VOINOVICH), the Senator from Arizona erendum on civil liberties, including freedom it receives the verified signatures of 10,000 (Mr. MCCAIN), the Senator from Arkan- of speech, an amnesty for political prisoners, legal voters; sas (Mr. HUTCHINSON), and the Senator øWhereas on May 10, 2002, a group of Cuban support for private business, a new electoral from Idaho (Mr. CRAPO), are nec- citizens led by Oswaldo Paya delivered 11,020 law, and a general election; verified signatures to the Cuban National ø(3) praises the bravery of Oswaldo Paya essarily absent. Assembly in support of a referendum; and his colleagues in collecting 11,020 I further announce that if present øWhereas Mr. Paya’s petition drive is in- verified signatures in support of the Varela and voting the Senator from North spired by the 19th-century priest and Cuban Project; Carolina (Mr. HELMS), would vote independence hero, Padre Felix Varela, and ø(4) calls on the Cuban government to pro- ‘‘yea.’’ is known as the Varela Project; vide its citizens with internationally accept- The PRESIDING OFFICER. Are there øWhereas the Varela Project seeks a ref- ed standards for civil and human rights, and the opportunity to vote in free and fair elec- any other Senators in the Chamber de- erendum on civil liberties, including freedom siring to vote? of speech, amnesty for political prisoners, tions; support for private business, a new electoral ø(5) urges the President and his representa- The result was announced—yeas 87, law, and a general election; tives to take all appropriate steps to support nays 0, as follows: øWhereas the Varela Project is supported the Varela Project and any future efforts by [Rollcall Vote No. 146 Leg.] by 140 opposition organizations in Cuba and the Cuban people to assert their constitu- YEAS—87 has received no money or support from for- tional right to petition the National Assem- Akaka Domenici Lott eign citizens or foreign governments; bly in support of a referendum; and ø(6) urges the President to pursue an ac- Allard Dorgan Lugar øWhereas the Varela Project is the largest Allen Durbin McConnell petition drive in Cuban history; tion-oriented policy of directly assisting the Baucus Edwards Miller øWhereas the Varela Project seeks am- Cuban people and independent organizations Bayh Ensign Murkowski nesty for all of those who have been de- to strengthen the forces of change and to im- Bennett Enzi Murray tained, sanctioned, or jailed for political mo- prove human rights in Cuba. Bingaman Feingold Nelson (FL) tives and who have not participated in acts øSEC. 2. The Secretary of the Senate shall Bond Feinstein Nickles Boxer Fitzgerald Reed directly threatening the lives of others; transmit a copy of this resolution to the President.¿ Breaux Frist Reid øWhereas the Varela Project seeks to guar- Brownback Graham Roberts antee citizens the right to form private busi- That the Senate— Bunning Gramm Rockefeller nesses, to carry out economic activities that (1) supports the constitutional right of the Burns Grassley Santorum could be productive and of service, and to es- citizens of Cuba who have signed the Varela Byrd Gregg Sarbanes tablish contracts between workers and busi- Project to petition the Cuban National Assembly Campbell Hagel Schumer nesses for the development of these busi- for a referendum; Cantwell Hatch Sessions (2) calls on the Cuban National Assembly to Carnahan Hollings Shelby nesses in fair and just conditions so that no Carper Hutchison Smith (NH) one may obtain profits by exploiting the give serious consideration to the Varela Project petition in accordance with Article 88 of the Chafee Inhofe Smith (OR) work of others; Cleland Inouye Snowe øWhereas the Varela Project is a step in Cuban Constitution and to the holding of a ref- Clinton Jeffords Specter moving Cuba toward achieving international erendum on civil liberties, including freedom of Cochran Johnson Stabenow standards for human rights; speech, an amnesty for political prisoners, sup- Collins Kerry Stevens øWhereas the goal of United States policy port for private business, a new electoral law, Conrad Kohl Thomas and a general election; Craig Kyl Thompson in Cuba is to promote a peaceful transition Daschle Landrieu Thurmond to democracy through an active policy of (3) praises the bravery of Oswaldo Paya and his colleagues in collecting 11,020 verified signa- Dayton Leahy Warner supporting the forces of change on the is- DeWine Levin Wellstone land; and tures in support of the Varela Project; Dodd Lincoln Wyden ø (4) calls on the Cuban government to provide Whereas the Varela Project is engaged in NOT VOTING—13 the promotion of a peaceful transition to de- its citizens with internationally accepted stand- mocracy in Cuba: Now, therefore, be it¿ ards for civil and human rights, and the oppor- Biden Hutchinson Nelson (NE) Whereas Article 88 of the Cuban Constitution tunity to vote in free and fair elections; and Corzine Kennedy Torricelli Crapo Lieberman Voinovich provides for Cuban citizens to submit legislative (5) urges the President to support the right of the citizens of Cuba who have signed the Varela Harkin McCain proposals to the Cuban National Assembly for Helms Mikulski its consideration; Project to petition the Cuban National Assembly Whereas on May 10, 2002, a group of Cuban for a referendum and the peaceful transition to The resolution (S. Res. 272), as citizens led by Oswaldo Paya delivered 11,020 democracy. amended, was agreed to. SEC. 2. The Secretary of the Senate shall verified signatures to the Cuban National As- The amendment to the preamble was transmit a copy of this resolution to the Presi- sembly in support of a referendum; agreed to. dent. Whereas Mr. Paya’s petition drive is inspired The preamble, as amended, was by the 19th-century priest and Cuban independ- The committee amendment was agreed to. ence hero, Padre Felix Varela, and is known as agreed to. The resolution, as amended, with its the Varela Project; The PRESIDING OFFICER. The preamble, as amended, reads as follows: Whereas the Varela Project seeks a ref- question is on agreeing to the resolu- S. RES. 272 erendum on civil liberties, including freedom of tion, as amended. speech, amnesty for political prisoners, support The yeas and nays are ordered. The Whereas Article 88 of the Cuban Constitu- for private business, a new electoral law, and a tion provides for Cuban citizens to submit general election; clerk will call the roll. legislative proposals to the Cuban National Whereas the Varela Project is supported by The legislative clerk called the roll. Assembly for its consideration; 140 opposition organizations in Cuba and has Mr. REID. I announce that the Sen- Whereas on May 10, 2002, a group of Cuban received no money or support from foreign citi- ator from Delaware (Mr. BIDEN), the citizens led by Oswaldo Paya delivered 11,020 zens or foreign governments; Senator from New Jersey (Mr. verified signatures to the Cuban National Whereas the Varela Project is the largest peti- CORZINE), the Senator from Iowa (Mr. Assembly in support of a referendum; tion drive in Cuban history; HARKIN), the Senator from Massachu- Whereas Mr. Paya’s petition drive is in- Whereas the Varela Project is a step in mov- spired by the 19th-century priest and Cuban setts (Mr. KENNEDY), the Senator from ing Cuba toward achieving international stand- independence hero, Padre Felix Varela, and ards for human rights; Connecticut (Mr. LIEBERMAN), the Sen- is known as the Varela Project; Whereas the goal of United States policy in ator from Maryland (Ms. MIKULSKI), Whereas the Varela Project seeks a ref- Cuba is to promote a peaceful transition to de- the Senator from Nebraska (Mr. NEL- erendum on civil liberties, including freedom mocracy; and SON), and the Senator from New Jersey of speech, amnesty for political prisoners, S5280 CONGRESSIONAL RECORD — SENATE June 10, 2002 support for private business, a new electoral Forces. The President, under Article II, tory authority to prevent future ter- law, and a general election; Section 2, is the Commander in Chief, rorist attacks by responding with force Whereas the Varela Project is supported by which gives him responsibility for lead- against any nations, organizations or 140 opposition organizations in Cuba and has ing the Armed Forces. The War Powers persons responsible for planning, au- received no money or support from foreign citizens or foreign governments; Resolution of 1973 fulfills the intent of thorizing, aiding or harboring the ter- Whereas the Varela Project is the largest the Framers of the Constitution by rorists who were responsible for the petition drive in Cuban history; providing a framework for balancing September 11 attack. Now, given the Whereas the Varela Project is a step in these powers, and thereby ensuring unprecedented nature of the threat, moving Cuba toward achieving international that the collective judgment of both this provides a pretty broad mandate standards for human rights; the Congress and the President will to the President to respond militarily. Whereas the goal of United States policy in apply to the introduction of the Armed But this Congressional action, while Cuba is to promote a peaceful transition to Forces into hostilities, or into situa- admittedly broad, is not a blank check. democracy; and tions where imminent involvement in The Resolution limits the President’s Whereas the Varela Project is engaged in the promotion of a peaceful transition to de- hostilities is likely. authority in two essential respects. mocracy in Cuba: Now, therefore, be it In April, I had a chance to chair a To begin, the authorization is limited Resolved, hearing in the Constitution Sub- to situations where there is a connec- That the Senate— committee of the Judiciary Committee tion to the events of September 11. The (1) supports the constitutional right of the to consider this balance of war powers hearing in the Constitution Sub- citizens of Cuba who have signed the Varela authority under the Constitution, par- committee considered the scope of such Project to petition the Cuban National As- ticularly as we move forward with our a limitation. As I will discuss at great- sembly for a referendum; fight against terrorism. In the hearing, er length, there was widespread agree- (2) calls on the Cuban National Assembly to give serious consideration to the Varela there was much praise for the respect ment in the hearing that absent a clear Project petition in accordance with Article demonstrated by President Bush, this finding that a state such as Iraq par- 88 of the Cuban Constitution and to the hold- President Bush, for both the Congress ticipated in, aided, or otherwise pro- ing of a referendum on civil liberties, includ- and the Constitution in seeking con- vided support for those who attacked ing freedom of speech, an amnesty for polit- gressional authorization to respond the United States on Sept 11, the Presi- ical prisoners, support for private business, a with appropriate force to the attacks dent would not be authorized, under new electoral law, and a general election; of September 11. The language in that the terms of S.J. Res. 23, to take new (3) praises the bravery of Oswaldo Paya authorization, Senate Joint Resolution military action against Iraq. Senate and his colleagues in collecting 11,020 verified signatures in support of the Varela 23, paralleled some of the careful over- Joint Resolution 23 does not provide Project; sight provisions contained in the use- unlimited authority to the President (4) calls on the Cuban government to pro- of-force resolution that former Presi- to take military action against all bad vide its citizens with internationally accept- dent Bush obtained before launching actors. At the same time, the author- ed standards for civil and human rights, and Operation Desert Storm in 1991. In ization does foresee broad actions the opportunity to vote in free and fair elec- those two cases, both Presidents took against those responsible for the Sep- tions; and the important and constitutionally tember attack on the United States. (5) urges the President to support the right mandated step of obtaining congres- It is also important to recognize that of the citizens of Cuba who have signed the S.J. Res. 23 states in no uncertain Varela Project to petition the Cuban Na- sional approval for an expansive new tional Assembly for a referendum and the military operation. And in both cases, terms that the 1973 War Powers Resolu- peaceful transition to democracy. I do believe, congressional support tion will continue to apply to our mili- SEC. 2. The Secretary of the Senate shall strengthened the President’s response. tary operations against terrorism. This transmit a copy of this resolution to the History demonstrates that respect conforming language is identical to President. for our Constitution and for the shared Public Law 102–1, which provided the Mr. REID. I move to reconsider the war powers authority of Congress is po- authorization to use military force to vote. litically practical. Indeed, as our oust Iraq from Kuwait in 1991. In all Mrs. BOXER. I move to lay that mo- Founders and many subsequent com- cases, the War Powers Resolution re- tion on the table. mentators have recognized, the separa- quires the President to consult with The motion to lay on the table was tion of war powers between the two Congress on an ongoing basis on the agreed to. branches of government wisely forces status, scope, and duration of the hos- f us to develop a broad national con- tilities. These consultations need not sensus before placing our Nation’s and should not provide Congress with MORNING BUSINESS young people in harm’s way. And as we what would be somehow a meddlesome Mr. REID. Madam President, I ask have seen time and again, the United and unacceptably dangerous role in de- unanimous consent the Senate proceed States is indeed the most formidable termining tactical aspects of an active to a period of morning business, with military force on this planet, provided military campaign. But the required Senators allowed to speak for not to our soldiers are entrusted with a clear consultations must nonetheless assist exceed 5 minutes each. military goal, and through congres- Congress in its continuing responsi- The PRESIDING OFFICER. Without sional authorization, with the popular bility to evaluate and make ongoing objection, it is so ordered. mandate that is needed to back them decisions about the broad objectives of f up. an unfolding military operation. Senate Joint Resolution 23, which The war powers consultations to WAR POWERS AND THE CAMPAIGN was passed by both Houses of Congress date, in my view, have been inad- AGAINST TERRORISM and signed into law by the President in equate. While the administration has Mr. FEINGOLD. Madam President, the aftermath of September 11, pro- taken significant steps to increase the today I would like to address one of the vides the President with statutory au- frequency of briefings for Members of most complicated but ultimately one thorization to prevent related acts of Congress, and we do appreciate that of the most important constitutional terrorism. In adopting the use-of-force those consultations have been con- questions confronting this country as resolution, the President recognized ducted as informational briefings, with we respond to the atrocities of Sep- that Congress he said, ‘‘acted wisely, little opportunity for substantive pol- tember 11: that is, the question of how decisively, and in the finest traditions icy discussions or meaningful give-and- America decides to go to war. This is of our country.’’ The resolution dem- take. As such they do not in most cases no easy issue, but it is one that Con- onstrated that Congress has the capac- reach the threshold level of consulta- gress is duty-bound to address. ity to fulfill its constitutionally man- tions under the terms of the War Pow- As we know, war powers are purpose- dated responsibility, and in so doing ers Resolution. fully divided under our Constitution. Congress can help unify the nation in a The House Report on the 1973 War Under Article I, Section 8, Congress time of national crisis. Powers Resolution notes that ‘‘a con- has the responsibility to declare war, Under the careful structure of S.J. siderable amount of attention was and to raise and support the Armed Res. 23, the President now has statu- given to the definition of consultation. June 10, 2002 CONGRESSIONAL RECORD — SENATE S5281 Rejected was the notion that consulta- consultation on our military campaign Moreover, it is now widely assumed tion should be synonymous with mere- has not been adequate. In particular, that the operation would require a ro- ly being informed. Rather, consulta- additional attention must be given to bust ground assault, and that our mili- tion in this provision means that a de- the distinction between counter- tary build-up in the region would be cision is pending on a problem and that terrorism training and counter- both deliberate and plainly obvious to Members of Congress are being asked terrorism support for foreign troops any careful observer. So this would not by the President for their advice and during these consultations. It is clear be a purely stealth operation. There opinions and, in appropriate cir- that our national interests would be would be ample time for congressional cumstances, their approval of action well served by sustained and forthright consultation as we move forward with contemplated.’’ The increasingly fre- consultations between Congress and fairly obvious military preparations quent meetings with Secretary Rums- the President over these aspects of our for such a large offensive. feld, Secretary Powell, and others, military response to September 11. The second argument that is some- while welcome and appreciated, do not The hearing also touched on one of times advanced to support a future reach this level of consultation. the most important military decisions military operation in Iraq is that Pub- In addition, under the War Powers on the horizon. Several witnesses ques- lic Law 102–1, authorizing the use of Resolution, the need for additional no- tioned the authority of the President force in 1991 to respond to Iraq’s inva- tification is triggered whenever U.S. to take military action against Iraq. sion of Kuwait, still provides ongoing Armed Forces are equipped for combat The witnesses generally assumed that congressional authorization for a and introduced into a new foreign ter- any strike against Iraq would be de- major new strike against Iraq. Now, ritory, or if additional Armed Forces signed to defend the United States this is a more complex legal argument, are equipped for combat and introduced against Iraqi weapons of mass destruc- but it fails on both legal and public policy grounds. To begin, the congres- in numbers that substantially expand tion, and that the President would not sional authorization for Operation existing, previously authorized troop assert a direct link between Iraq and Desert Storm authorizes the President strengths. This is obviously relevant to the September 11 attacks. As I have in- to use military force pursuant to some of the concerns coming up today. dicated, absent such a link between These and other requirements do not Iraq and September 11, witnesses sug- United Nations Security Council Reso- lution 678. The clear intent of the Secu- apply to military training exercises, gested that the President might ad- rity Council in adopting Resolution 678 which is why the President must be vance two legal justifications for tak- was to free Kuwait from Iraqi occupa- clear about the precise role of U.S. ing up arms against Iraq without fur- tion, not to bring about regime change forces in a number of ongoing ther, additional congressional author- in Iraq. Moreover, United Nations Se- counterterrorism training exercises in ization. But both justifications ring curity Council Resolution 687 imple- different countries. These require- hollow, and rest on highly questionable mented a final cease-fire between Iraq, ments do not apply to that. In some legal grounds. Kuwait and the United Nations Mem- cases, these counterterrorism training During the hearing, a witness from ber States that participated in Oper- the Justice Department joined other programs may cross the line into ation Desert Storm. Although Iraq has witnesses in highlighting the authority counterterrorism combat support, certainly failed to comply with the of the President to launch military at- which would trigger the War Powers terms of the cease-fire, that failure tacks as a form of preemptive self-de- Resolution. So the President must pro- does not in itself provide automatic au- fense. This expands the national emer- vide clear information to help distin- thority for the President to launch a gency exception under the War Powers guish between these two types of significant new military campaign, Resolution by asserting that the Presi- antiterrorism activities. United States with the entirely new objective of re- dent must have the authority to act interests are not served through a gime change in Baghdad. shortsighted attempt to dodge congres- quickly and decisively to prevent a po- My conclusion, then, is that absent a sional oversight by characterizing tential attack on United States inter- clear finding that Iraq participated in, counterterrorism support as routine ests. Now, few would disagree with the aided or otherwise provided support for military training. assertion that the President must have those who attacked the United States In the hearing before the Constitu- the authority to launch a preemptive on Sept 11, the Constitution requires tion Subcommittee, we also discussed strike in advance of an imminent at- the President—it requires the Presi- the important provision within the tack on the United States. This under- dent—to seek additional authorization War Powers Resolution that recognizes standing I think fits within the overall before he can embark on a major new the immediate flexibility provided to spirit and intent of the 1973 War Pow- military undertaking in Iraq. the President to introduce U.S. Armed ers law, and it would be irresponsible Since it is clear that Iraq has not Forces into hostilities in the case of a to suggest otherwise. But the preemp- adequately complied with weapons of national crisis created by an attack on tive self-defense argument does not mass destruction resolutions adopted the United States, or its territories, necessarily fit squarely with the situa- by the Security Council, and that the possessions, or Armed Forces. This pro- tion in Iraq today. Iraqi leadership continues to commit vides the President with the flexibility Various press reports suggest that gross human rights violations against to respond immediately to defend President Bush is considering plans for its own people while encouraging ter- United States interests during an a new military campaign against Iraq rorist attacks abroad, the consultation emergency. sometime next year. If the President and debate over our response to an But again, this is a limited excep- does plan to take such action next Iraqi threat may well convince a ma- tion. The War Powers Resolution spe- year, there is still plenty of time for jority in Congress that the United cifically requires the President, ‘‘in the administration to initiate mean- States must in fact take all necessary every possible instance,’’ to consult ingful consultations with Congress steps, including military action, to with Congress before introducing over the necessity and scope of this limit Iraq’s capacity to produce weap- Armed Forces into situations where new military campaign. ons of mass destruction. My guess is hostilities appear imminent. And even Some have also argued, that such a resolution would succeed, within this exception for emergency unconvincingly to me, that consulta- after a good Congressional debate. If situations, the President must still tion with Congress would be impossible this emerges as the shared decision of seek congressional authorization with- because a preemptive strike against Congress and the President, the Presi- in 60 days to sustain the operation. Iraq would require a high degree of dent would act from a strong and con- My conclusion from the hearing on stealth. But the administration has al- stitutionally unified position in war powers authority within the con- ready spoken publicly of the need for launching a new military campaign. In- text of our fight against terrorism is regime change in Iraq, and unnamed of- deed, the Constitution and the Amer- that to date the President has shown ficials have consistently leaked infor- ican people must demand such a uni- respect for Congress in seeking author- mation to major news sources describ- fied response. ization to respond to the attacks of ing the scope of the proposed oper- Why would I raise these issues today? September 11. But the ongoing level of ation. Why are these war powers questions so S5282 CONGRESSIONAL RECORD — SENATE June 10, 2002 important? Why should following the that thousands of readers did respond Just last month, however, Heather Conley, letter of the War Powers Resolution be with their views on this issue and the the Department of State’s senior official re- so important in the midst of this na- importance of passing legislation that sponsible for the Baltic States called on the Baltic States to do more to deal with the tional crisis? I think it should because would keep American families safe. damage from the Holocaust. The same is the Congress and the President have a Last fall’s anthrax attacks changed case for the U.S. Senate. For example, re- chance to carry out their duties with the way America looked at bioter- cently, Senator Biden, the Chairman of the regard to war and peace in the way the rorism. Overnight, the fear of bioter- Senate Foreign Relations Committee, made War Powers Resolution dictates, and rorism moved from a remote possi- a very strong statement about his concern also in the way the Framers of the bility, to a reality for which we must about the resurgence of anti-Semitism in Eu- Constitution intended. be prepared. The bioterrorism bill, rope and called on all countries aspiring to That kind of cooperation preserves which will soon be signed into law, will NATO membership to ensure that ‘‘the very ugly remnants of war-time fascism . . . be our constitutional structure. It also in- greatly improve our ability to respond totally and permanently suppressed.’’ creases the moral authority of the to a biological threat, equipping com- Estonia’s World War II past was uniquely President to act forcefully. Given the munities with the tools they need to painful. The country and its people were not unprecedented nature of the threats strengthen our local health centers and given the freedom to choose between good confronting us, and the complex envi- educate those first responders, the doc- and evil. Terrible choices had to be made. Es- ronment within which we must respond tors, nurses and emergency personnel tonia suffered terribly under two periods of to those threats, a powerful and con- on the front lines. But information for Soviet occupation as well as the Nazi Ger- stitutionally unified response remains man occupation. The fact that the Soviet oc- the general public is also key to im- cupation did more direct harm in Estonia, essential. We must also remember that proving our readiness. I commend the however, does not negate the fact that the constitutional unity presents both a many news organizations that have Holocaust happened here too. As the conclu- stronger international image of the recognized this fact and continue to sions of the Estonian International Commis- United States to our friends and foes, get Americans the information they sion for Investigation of Crimes Against Hu- and, at the same time, a more com- need to feel safe and secure. The unique manity demonstrated, some Estonians bear forting image of U.S. power to many of nature of terrorism requires all of us to responsibility for participating in this evil. I our close allies in the campaign work together. While the events of Sep- believe all countries that lived through the against terrorism. When we best honor nightmare of the last century need to deal tember 11 and the subsequent anthrax with their crimes honestly and completely so our Constitution and our laws as they attacks have changed the world we live that they cannot be repeated in the future. relate to the powers of war and peace, in, coming together to meet a common We must face history, not hide from it. we also best prepare our Nation to de- challenge remains the American way. What does this mean with regard to Esto- nia’s approach to the Holocaust? I suggest fend that Constitution and those laws. f We owe our Nation no less. the following very modest steps: I thank the Chair, and I yield the ADDITIONAL STATEMENTS 1. Do justice where justice is needed. Since floor. reindependence, no Estonian has been pros- ecuted for crimes committed during the Hol- f ESTONIA’S ROLE IN THE ocaust. In part, that may be because many AMERICA’S COMMITMENT AGAINST HOLOCAUST were prosecuted during the Soviet period. BIOTERRORISM But, there are still Estonian candidates for ∑ Mr. SMITH of Oregon. Mr. President, prosecution. These individuals should be pur- Mr. FRIST. Madam President, our I ask that an article written by the sued with the same vigor with which the vulnerability to a bioterrorist attack U.S. Ambassador to Estonia, Joseph M. state still pursues those suspected of Soviet was highlighted by the events that un- DeThomas, be printed in the RECORD. crimes. And the time for this is now. The folded last October, when anthrax took Ambassador DeThomas outlines impor- World War II generation is passing from the scene. Witnesses to the crimes are dying. the lives of innocent Americans and tant steps for the Estonian government put thousands more in jeopardy. How Both the victims and the victimizers should to undertake to address Estonia’s role see justice done before it is too late. we address our vulnerabilities and re- in the Holocaust. 2. Recognize the Holocaust is part of Esto- spond to bioterrorism will be radically The article follows. nia’s history. Compared to the other Baltic improved as a result of new legislation PAST, PRESENT AND FUTURE States, the states of Central Europe and even some neutral states during World War II, the signed by President Bush. The greatest (By Ambassador Joseph M. DeThomas) tool that terrorists have in their arse- Holocaust is less recognized as a part of the In every interview I have had with the national history in Estonia. The Holocaust nal is to play on America’s press since I arrived in Tallinn, I have been vulnerabilities and fears. This legisla- took place here. About one thousand Esto- asked in one form or another, ‘‘What has sur- nian Jews and even more non-Estonian Jews tion makes great strides to signifi- prised you about Estonia?’’ I have always an- were murdered in this country. Yet, the day cantly improve our ability to respond swered by noting that some aspect or an- of remembrance for the Holocaust, Yom to bioterrorist threats. Yet it is crit- other about Estonia was even more positive Hashoah, receives almost no notice in this ical that we provide the appropriate in- than I expected. Early May, however, I was country. Many sites involving Holocaust formation so that families can prepare surprised in a different way. A report in a crimes here are not marked or remembered. and protect themselves in the event of Russian weekly claiming that Simon A few sites have recently been commemo- Wiesenthal advocated a boycott of the Baltic a potential attack. Information is rated. This should continue. States and Ukraine produced a firestorm of 3. Teach our children about the past. I power, and by better preparing our- comment from the press, political circles, have been told Estonian school textbooks selves, we can avoid being paralyzed by and some members of the public. The com- treat the Holocaust in about one-and-a-half fear. ments were angry, defensive, and—with re- pages. If this is true for most of Estonia, I Many news organizations have al- gard to my government’s position—erro- would suggest that history texts on this sub- ready begun to do their part by pro- neous. The Wiesenthal Center has categori- ject already in other states in this region be viding the necessary information for cally denied that Mr. Wiesenthal ever even translated into Estonian for use here. I un- communities to feel safe. Good House- gave this interview. I did not intervene in derstand such a step is already under consid- keeping, which is read by thousands of this discussion. Since arriving here, I have eration by the government. I hope that the learned a very useful Estonian proverb, readers each month, is a good example. Estonian Government follows the call of ‘‘Think nine times, speak once.’’ I have used some Estonian NGO’s to be more involved in In its April edition, Good Housekeeping the intervening days since the story broke to the Task Force for International Coopera- answered the questions readers often think nine times about the past and what tion on Holocaust Education, Remembrance have about bioterrorism, gave sugges- would be useful to do about it in the present. and Research, to which 11 nations belong. tions families could use to protect and I would like to share my views. The evil of racism and anti-Semitism does prepare themselves, and provided infor- First, let me make clear my own govern- not grow again and again because the decent mation on what Congress is doing to ment’s position. We believe there is more for majority advocates it actively. It returns be- lessen our vulnerability to bioterrorist all of us to do to deal with the crimes of the cause it is ignored or trivialized by the ma- past, and the Holocaust is a crime of unique jority until it reemerges in a new genera- attack. The magazine went a step fur- proportions. A prominent political leader tion. Estonia has emerged from a desolate ther by providing a form readers could here implied last week that the United past into a present full of promise, thanks to fill out urging Congress to act quickly States is satisfied that Estonia has done all the work of its people. But, to ensure a posi- to address bioterrorism. I was pleased it needs to do to deal with the Holocaust. tive future, I believe it essential that the June 10, 2002 CONGRESSIONAL RECORD — SENATE S5283 country address all aspects of the past so- the-air, the stations must pay the bills dent of the American Association of berly, respectfully, honestly and with jus- to transmit two signals simultaneously Nurse Anesthetists, AANA. I am tice.∑ to ensure viewers can receive both a pleased one of our state’s own was f digital and analog broadcast. tapped as the 2001–2002 president of this TRANSITION TO DIGITAL Despite the expenses, these Georgia prestigious organization. TELEVISION stations have recognized that digital The AANA represents 28,000 prac- television is the future. I am confident ticing Certified Registered Nurse Anes- ∑ Mr. CLELAND. Mr. President, I rise that their investment in digital tele- thetists. They administer more than 65 today to direct my colleagues atten- vision will pay off and I commend them percent of the anesthetics given to pa- tion to the technological changes and for leading the digital television tients each year in the United States. developments going on in the tele- charge.∑ They provide anesthesia for all types of vision industry. Many people have said f surgical cases and are the sole anes- that the transition from analog to dig- thesia provider in over two-thirds of ital television broadcasts is the biggest TRIBUTE TO THE CARDINAL CHAP- rural hospitals. innovation in TV since color television. TER OF THE AMERICAN RED Debbie has been a nurse anesthetist Having seen a digital broadcast, it is as CROSS since 1981. She received both her anes- if you are watching the program or ∑ Mr. BUNNING. Mr. President, today I thesia training and master’s degree at sporting event in person. I believe con- thank and honor the Cardinal Chapter the Medical University of South Caro- sumers will want to bring this tech- of the American Red Cross of Hender- lina, in Charleston. She has been a solo nology into their homes. son, Kentucky for the selfless and tire- practitioner since 1993 at the Microsur- I do not believe that we have yet dis- less work they performed in aiding the gery Center in Anderson, as well as in covered the full use of digital broad- victims of the April 28th tornado which both the Greenville Memorial Medical cast signals, but I do know that it has tore through Webster County, Ken- Center and the Saint Francis Bon the potential to change the way people tucky. Secours Hospital System in Greenville. interact with their TVs. Imagine being Early Sunday on the morning of She also was the Clinical Coordinator able to participate in realtime with a April 28th, an F3 classified tornado, at the Medical University of South game show on television or being able with winds up to 200 miles per hour, Carolina School of Nurse Anesthesia at to ‘‘chat’’ with other viewers from violently forced its way through Provi- Greenville Memorial Medical Center around the country during a show. dence, KY hitting at least 114 homes, from 1988–2000. Even with her demand- DTV may provide the platform for a completely destroying 32. In the end, 26 ing schedule, she has continued to be more interactive television experience. people were taken to the hospital. In active on pharmaceutical advisory pan- I am particularly interested to see just a few moments, Mother Nature els to advance the practice of anes- how these technologies can be em- had struck a blow against this nor- thesia. ployed to allow local stations to better mally quiet and peaceful town. People Debbie has held various leadership serve local communities. For the past were left without homes and without positions in the AANA, and has used half-century, local broadcasters have adequate clothing and food supplies. her experience and knowledge to help provided valuable services to their They were also left without a sense of others. I ask my colleagues to join me ∑ local communities. When disasters hope. However, this empty and lonely in saluting Deborah Chambers. strike, important, life saving informa- feeling would be short-lived. Volun- f tion is often disseminated over the air- teers from the Cardinal Chapter of the TRIBUTE TO THE THIRD waves. Local stations also keep resi- American Red Cross of Henderson, KY RECONNAISSANCE BATTALION dents informed of community political arrived on the scene just a few hours ∑ Mr. LIEBERMAN. Madam President, issues, thereby engaging citizens in the after the tornado passed through Prov- local democratic process. I rise today in recognition of the idence. dauntless history, honor, and tradition Since its inception, the broadcasting Once on the scene, these volunteers of the 3rd Reconnaissance Battalion, industry has been founded on two im- wasted no time in setting up two shel- U.S. Marines, whose lineage traces portant concepts: the idea of localism ters in Providence, providing victims back nearly 60 years of valiant service and the idea that broadcasting should with a roof, a hot meal, and a shoulder to our great Nation. be free, and over-the-air. I am proud to to cry on. They also sent food trucks to The contribution of the 3rd Recon- say that a number of Georgia stations the nearby town of Irvington once they naissance Battalion is embodied in the are working to ensure that they con- found out its residents were still with- sign placed on top of the Battalion tinue to serve local communities with out electricity hours after the storm Mess Hall at Camp Reasoner which free, over the air signals in the digital had passed. Without the immediate as- reads: ‘‘We Lead the Division—Where era. sistance of the American Red Cross, the Division Goes We’ve Been!’’ In my state, we have digital tele- many would have been left hungry While enjoying brief periods of res- vision stations up and broadcasting in without a home or clothing. pite, it was formed in September 1942. four communities. In Atlanta seven I aks that my fellow colleagues join It was sent immediately to the Pacific stations have digital signals on the air: me in thanking these men and women Theater and participated in World War WAGA, WATL, WGCL, WPXA, WSB, for their unwavering dedication and II campaigns at Bougainville, Solomon WTBS, and WXIA. In Savannah WTOC commitment to their fellow citizens. Island, Guam, and Iwo Jima. It was re- is on the air in digital; in Augusta They willingly gave up their time and activated in March 1952 and deployed WFXG and WRDW–TV are broadcasting left their families in order to be there to Camp Gifu, Japan and later to Camp in digital, and in Columbus, WLTZ and physically and emotionally for people Hauge, Okinawa. Being reactivated WXTX are serving Georgia viewers they have never met before. I believe again in April 1958, it was assigned to with digital television. These Georgia we all can learn something from their the 3rd Marine Division, Fleet Marine broadcasters have taken the next step exemplary behavior. Sometimes it Force. During Vietnam the unit was in television, and for that I commend takes the worst to bring out the best, highly decorated with four Medals of them. The transition to digital can be and I think this was the case on April Honor, 13 Navy Crosses, 86 Silver Stars, expensive, particularly for smaller sta- 28.∑ and many Purple Hearts awarded to tions. f Marines and Sailors. Additionally, the To broadcast in digital, these busi- unit itself was awarded President Unit nesses have invested in new trans- HONORING SOUTH CAROLINA’S Citations, the Navy Unit Commenda- mission equipment and, in some cases, DEBORAH CHAMBERS tion, the Meritorious Unit Commenda- new broadcast towers. If they choose to ∑ Mr. HOLLINGS. Mr. President, I tion, and earned other praise and rec- produce their own digital content, like want to pay tribute to an outstanding ognition, as well. digital local news, they must invest in resident of South Carolina, Deborah A. While the 3rd Reconnaissance Bat- digital cameras and editing equipment. Chambers. Ms. Chambers will soon talion has existed under different des- Finally, once their digital signal is on- complete her year as national presi- ignations, its adherence to whatever S5284 CONGRESSIONAL RECORD — SENATE June 10, 2002 mission assigned is without question. critical role in ensuring the safety of public service in its broadest sense. We cannot take lightly their meri- our food and drug supplies. Indeed, the Today, 63 percent of all Central Office torious service to our Nation. Nor, can FDA is on the front lines of this effort Senior Executive Service members we ever forget their admirable and rou- and must have proper, modern facili- have completed the program, as have 73 tinely valiant actions both individually ties to enable them to best perform percent of all field leaders. and collectively. They were not only their mission. The consolidation will This success, though, did not happen pivotal to a successful combat effort, provide state-of-the-art laboratories by chance. Rather, it is a tribute to the but to establishing and maintaining and facilities for that mission. hard work and forward thinking of Jim the legacy for which the 3rd Reconnais- What is the status of the project? Mayer. Jim began his VA career as sance Battalion may be justifiably Congress has already appropriated $146 Special Assistant for Vietnam Vet- proud. million for the first phases of this vital erans Affairs to Administrator Richard I join in expressing the respect, admi- project, fiscal year 2000, $35 million; L. Roudebush in 1974, six years after ration, and grateful appreciation of our fiscal year 2001, $92.1 million; fiscal beginning his service in the U.S. Army nation as members of the 3rd Recon- year 2002, $19.06 million. Construction as an infantry man in the 25th Division naissance Battalion Association gather has started on phase I, the laboratory in Vietnam. for their reunion next month in Arling- for FDA’s Center for Drug Evaluation Jim joined the Leadership VA staff ton, VA.∑ and Research. However, approximately as its Executive Director in April of f $450 million is still needed to complete 1998, but his relationship with LVA this vital project. goes back to his time on the first Se- FDA CONSOLIDATION AT WHITE Why is full funding important? This lection Committee in 1978. OAK project has already been delayed due to Throughout his years at the VA, Jim ∑ Ms. MIKULSKI. Mr. President, I rise funding cutbacks. If the General Serv- has spent countless hours working on today to urge my colleagues to con- ices Administration’s fiscal year 2003 behalf of veterans, striving to better tinue to work for full funding of the construction request for FDA consoli- conditions by improving the VA from Food and Drug Administration, FDA, dations is not fully funded, completion within, but his accomplishments are consolidation and improvement at of the consolidation will be delayed not limited to his time at the VA. He is White Oak, MD in fiscal year 2003. I even further. These delays will add a recipient of numerous awards includ- strongly believe that ensuring the safe- considerably to the overall cost of the ing: 1977, VA Meritorious Service; 1981, ty of America’s food and drug supply is project due to inflation and other fac- VA Exceptional Service; 1991, Sec- a matter of national security. Yester- tors. For example, scheduled to be con- retary of Veterans Affairs Outstanding day, Senator HATCH and I offered then structed in phase III is the Center for Volunteer; and, 1993, George Wash- withdrew an amendment that we hoped Devices and Radiological Health, ington Honor Medal from the Freedoms would have provided the funding need- CDRH. The CDRH laboratories are Foundation at Valley Forge for work ed for this project which is vital to en- badly in need of improvements, but as a volunteer with Desert Shield/ sure the safety of America’s food and FDA has been holding off such work in Desert Storm injured at Walter Reed drug supply. We are told that the our anticipation of building new labora- Army Medical Center. amendment would have increased the tories as part of the consolidation. Fur- For as long as I have known him, Jim cost of the homeland security supple- ther delay, we are advised, would likely Mayer has exemplified the term ‘‘pub- mental appropriations bill. However, necessitate FDA’s spending several lic servant.’’ He is a selfless individual we have been assured that Senators million dollars renovating the existing who has always thought of his country DORGAN and CAMPBELL, the chair and CDRH laboratories. These would be before thinking about himself. In this ranking members of the Treasury Gen- non-recoverable costs. day and age, few people live that type eral Government Appropriations Sub- What is the next step? We hope that of life, but, as President Theodore Roo- committee, are committed to looking your colleagues will agree that, from sevelt said, ‘‘The test of our worth is at trying to help to continue to find a the perspectives of public safety and the value of our service.’’ way to fund the FDA consolidation at fiscal responsibility, we can not afford I would like to thank Jim for his White Oak as a part of the fiscal year to delay the timely completion of this service, his dedication, and, above all 2003 appropriations process. project. We hope that our colleagues else, for his friendship. He is an inspi- Why is completing this project vital? will support full funding for FDA con- ration and a great American.∑ FDA’s mission is to review and regu- solidation in fiscal year 2003. I look for- f late more than $1 trillion worth of ward to continuing to work with my CHAPLAIN TONY FIRMAN RETIRES products, many of which are vital to colleagues, Senators HATCH, DORGAN, FROM FLANDREAU INDIAN human health. FDA cannot fulfill its and CAMPBELL toward completing this SCHOOL mission because FDA has to work in project which will provide better secu- obsolete facilities that are not rity of two of the most essential daily ∑ Mr. JOHNSON. Mr. President, I rise equipped to handle today’s advanced needs of all Americans, our food and today to recognize and honor Chaplain laboratory and administrative func- drugs.∑ Tony Firman on the occasion of his re- tions. Currently, over 6,000 FDA em- f tirement as Chaplain at the Flandreau ployees are scattered among 40 dif- Indian School in Flandreau, SD. ferent buildings at 20 different loca- TRIBUTE TO JIM MAYER Chaplain Firman has completed 35 tions in the Greater Washington, D.C. ∑ Mr. CLELAND. Mr. President, today years as Chaplain at Flandreau Indian area. These facilities are being consoli- I pay tribute to a man whose leader- School. After receiving his training at dated into one integrated facility at ship is only surpassed in value to me Blue Cloud Abbey in Marvin, South Da- the former U.S. Naval Surface Weapons by his friendship. Twenty-five years kota, Tony served at Flandreau Indian Center. Not only will the consolidation ago, Mr. Jim Mayer played an impor- School as Student Coordinator of Reli- greatly improve FDA’s operating effi- tant role in the creation of an innova- gious Activities, a boys counselor, and ciencies, but timely construction of the tive pilot program called ‘‘Leadership as a religious liaison between the stu- new facilities also will save approxi- VA.’’ dents, staff and administration, area mately $32 million per year in commer- The program is designed to identify churches and the Flandreau commu- cial lease costs. We need consolidate 70 leaders in the Department of Vet- nity. FDA on one campus, just like the NIH erans Affairs each year, and to provide He was selected as Flandreau Indian and the CDC, in order for the FDA to an enrichment of their career develop- School Chaplain by representatives take its place alongside these institu- ment through an intense leadership from the Association of Christian tions as a world class health and food training experience. In its 25 years of Churches, which is made up of rep- research and safety facility. existence, Leadership VA has laid a resentatives from each of the following What is FDA’s role in national secu- foundation for a network of VA leaders denominations: United Presbyterian rity? The recent anthrax attacks on who share a deep commitment to the Church, United Church of Christ, U.S. citizens have heightened FDA’s Department of Veterans Affairs and to United Methodist Church, Lutheran June 10, 2002 CONGRESSIONAL RECORD — SENATE S5285 Church in America, Episcopal Church, academics and athletics, and I salute 1972 Treaty Between the United States of Catholic Church, Rapid City and Sioux all University of South Carolina ath- America and the Union of Soviet Socialist Falls Dioceses, Reformed Church in letes who have improved their aca- Republics on the Limitation of Anti-Bal- America, and Christian Church demic performance.∑ listic Missile Systems (ABM Treaty), signed in Moscow on May 26, 1972 (Ex. L. 92–2); to Desciples. The Flandreau Chaplaincy f the Committee on Foreign Relations. program was the first project to be By Mr. SPECTER (for himself and Mr. sponsored by the Association of Chris- MEASURES PLACED ON THE CALENDAR SANTORUM): tian Churches. S. Con. Res. 120. A concurrent resolution On the occasion of his retirement as The following bills were read the sec- commending the Pennsylvania National a school Chaplain, I want to congratu- ond time, and placed on the calendar. Guard for its exemplary service to the United States in the war against terrorism late Tony Firman for his tireless dedi- H.R. 2143. An act to make the repeal of the and other recent documents; to the Com- estate tax permanent. cation to Flandreau Indian School, his mittee on Armed Services. commitment to finding the best in stu- S. 2600. A bill ensure the continued finan- dents, for helping others with spiritual cial capacity of insurers to provide coverage f guidance, and for coordinating and sup- for risks from terrorism. ADDITIONAL COSPONSORS f porting religious activities. I also com- S. 237 mend him for his valuable service to REPORTS OF COMMITTEES At the request of Mr. NICKLES, the the community over the years. The following reports of committees name of the Senator from Kentucky The lives of countless young people were submitted: (Mr. BUNNING) was added as a cosponsor have been enormously enhanced by By Mr. BINGAMAN, from the Committee of S. 237, a bill to amend the Internal Tony’s talent and skill as Chaplain. Revenue Code of 1986 to repeal the 1993 The State of South Dakota is a better on Energy and Natural Resources, without amendment: income tax increase on Social Security place because of his commitment to S.J Res. 34: A joint resolution approving benefits. and passion for working with local the site at Yucca Mountain, Nevada, for the S. 399 youth. His achievements will certainly development of a repository for the disposal At the request of Mr. EDWARDS, the serve as a model for other talented reli- of high-level radioactive waste and spent nu- name of the Senator from Georgia (Mr. clear fuel, pursuant to the Nuclear Waste gious leaders throughout our State to CLELAND) was added as a cosponsor of Policy Act of 1982. (Rept. No. 107–159). emulate. S. 399, a bill to provide for fire sprin- I wish Tony Firman the best on his f kler systems, or other fire suppression ∑ retirement. INTRODUCTION OF BILLS AND or prevention technologies, in public f JOINT RESOLUTIONS and private college and university HONORING THE LADY GAMECOCKS The following bills and joint resolu- housing and dormitories, including fra- FOR WINNING THE NCAA TRACK tions were introduced, read the first ternity and sorority housing and dor- TITLE and second times by unanimous con- mitories. ∑ Mr. HOLLINGS. Madam President, sent, and referred as indicated: S. 701 my colleagues who have heard me de- By Mrs. CLINTON (for herself and Mrs. At the request of Mr. BAUCUS, the bate fast track trade negotiating au- HUTCHISON): name of the Senator from Georgia (Mr. thority in the last month may be sur- S. 2602. A bill to amend title 38, United MILLER) was added as a cosponsor of S. prised with what this senator from States Code, to provide that remarriage of 701, a bill to amend the Internal Rev- South Carolina is about to say. But I the surviving spouse of a veteran after age 55 enue Code of 1986 to provide special shall not result in termination of depend- rules for the charitable deduction for rise today wishing to scream my lungs ency and indemnity compensation; to the out in favor of fast track that is the conservation contributions of land by Committee on Veterans’ Affairs. eligible farmers and ranchers, and for fast track of the University of South By Mr. DODD (for himself and Mr. JEF- other purposes. Carolina women’s track and field team, FORDS): who just won the NCAA title earlier S. 2603. A bill to establish the Digital Op- S. 913 this month. It only goes to show you portunity Investment Trust; to the Com- At the request of Ms. SNOWE, the that fast track is alive and well in my mittee on Health, Education, Labor, and name of the Senator from Louisiana state, so long as it’s the right fast Pensions. (Ms. LANDRIEU) was added as a cospon- By Mr. ENZI: sor of S. 913, a bill to amend title XVIII track. S. 2604. A bill to amend the Endangered I have followed Gamecock sports for of the Social Security Act to provide Species Act of 1973 to require the Federal for coverage under the medicare pro- more than seven decades. This day is Government to assume all costs relating to particularly pleasing in that, as hard implementation of and compliance with that gram of all oral anticancer drugs. as this is to believe, it is the first time Act; to the Committee on Environment and S. 999 South Carolina was won a national Public Works. At the request of Mr. BINGAMAN, the championship ever, in any sport, wom- By Mr. DASCHLE (for Mr. HARKIN (for name of the Senator from Indiana (Mr. en’s or men’s. himself and Mr. CRAIG)): BAYH) was added as a cosponsor of S. S. 2605. A bill to amend title XVIII of the I wish to congratulate the entire 999, a bill to amend title 10, United Social Security Act to geographically adjust States Code, to provide for a Korea De- team of incredible athletes who worked the amount of the medicare part B premium hard all year to prepare for this. They based on the use of health care items and fense Service Medal to be issued to won relays. They won individually. services in the State in which the medicare members of the Armed Forces who par- They set new records, piling up points beneficiary resides, and for other purposes; ticipated in operations in Korea after with depth in several of the events. It to the Committee on Finance. the end of the Korean War. was a real team effort, as it should be. By Mrs. BOXER: S. 1115 I especially want to congratulate the S. 2606. A bill to require the Secretary of At the request of Mr. REID, the name Gamecock coach, Curtis Frye, who re- Labor to establish a trade adjustment assist- of the Senator from New Jersey (Mr. ance program for certain service workers, cruited all these talented women and and for other purposes; to the Committee on TORRICELLI) was added as a cosponsor turned the program into a true power- Finance. of S. 1115, a bill to amend the Public Health Service Act with respect to house. He was just named the women’s f track coach of the year, and us faithful making progress toward the goal of will obviously expect him to win that SUBMISSION OF CONCURRENT AND eliminating tuberculosis, and for other title every year now. SENATE RESOLUTIONS purposes. One last point, as the Gamecocks are The following concurrent resolutions S. 1483 showing their best ever performances and Senate resolutions were read, and At the request of Mr. WELLSTONE, the on the field, they also are showing referred (or acted upon), as indicated: name of the Senator from Connecticut their best ever performances in the By Mr. FEINGOLD: (Mr. DODD) was added as a cosponsor of classroom. It is important that we S. Res. 282. A resolution disapproving the S. 1483, a bill to amend Family Vio- have champions across the board, in withdrawal of the United States from the lence Prevention and Services Act to S5286 CONGRESSIONAL RECORD — SENATE June 10, 2002 reduce the impact of domestic vio- York (Mrs. CLINTON) was added as a co- of 10,000 certified signatures in support lence, sexual assault, and stalking on sponsor of S. 2221, a bill to temporarily of a national referendum and the deliv- the lives of youth and children and pro- increase the Federal medical assist- ery of these signatures to the Cuban vide appropriate services for children ance percentage for the medicaid pro- National Assembly. and youth experiencing or exposed to gram. S. CON. RES. 110 domestic violence, sexual assault, or S. 2428 At the request of Mrs. FEINSTEIN, the stalking. At the request of Mr. KERRY, the names of the Senator from Alabama S. 1523 name of the Senator from New York (Mr. SESSIONS) and the Senator from At the request of Mrs. FEINSTEIN, the (Mr. SCHUMER) was added as a cospon- Vermont (Mr. JEFFORDS) were added as name of the Senator from Nevada (Mr. sor of S. 2428, a bill to amend the Na- cosponsors of S. Con. Res. 110, a con- REID) was added as a cosponsor of S. tional Sea Grant College Program Act. current resolution honoring the her- 1523, a bill to amend title II of the So- S. 2458 oism and courage displayed by airline cial Security Act to repeal the Govern- At the request of Mrs. HUTCHISON, the flight attendants on a daily basis. ment pension offset and windfall elimi- name of the Senator from Alabama AMENDMENT NO. 3569 nation provisions. (Mr. SESSIONS) was added as a cospon- At the request of Mr. GRAHAM, the S. 1648 sor of S. 2458, a bill to enhance United name of the Senator from Connecticut At the request of Mrs. LINCOLN, the States diplomacy, and for other pur- (Mr. LIEBERMAN) was added as a co- name of the Senator from Arkansas poses. sponsor of amendment No. 3569 pro- UTCHINSON (Mr. H ) was added as a co- S. 2538 posed to H.R. 4775, a bill making sup- sponsor of S. 1648, a bill to amend title plemental appropriations for the fiscal At the request of Mr. REID, the name 38, United States Code, to provide an of the Senator from South Carolina year ending September 30, 2002, and for increase in the maximum annual rates other purposes. (Mr. HOLLINGS) was added as a cospon- of pension payable to surviving spouses sor of S. 2538, a bill to amend the Fair f of veterans of a period of war, and for Labor Standards Act of 1938 to provide STATEMENTS ON INTRODUCED other purposes. for an increase in the Federal min- BILLS AND JOINT RESOLUTIONS S. 1864 imum wage. At the request of Mr. REID, the name By Mr. DASCHLE (for Mr. HAR- S. 2554 of the Senator from Georgia (Mr. KIN (for himself and Mr. CRAIG): At the request of Mr. SMITH of New CLELAND) was added as a cosponsor of S. 2605. A bill to amend title XVIII of Hampshire, the names of the Senator S. 1864, a bill to amend the Public the Social Security Act to geographi- from Wyoming (Mr. ENZI), the Senator Health Service Act to establish a Nurse cally adjust the amount of the Medi- from Alabama (Mr. SESSIONS), and the Corps and recruitment and retention care part B premium based on the use Senator from Wyoming (Mr. THOMAS) strategies to address the nursing short- of health care items and services in the were added as cosponsors of S. 2554, a age, and for other purposes . State in which the Medicare bene- bill to amend title 49, United States S. 2005 ficiary resides, and for purposes; to the Code, to establish a program for Fed- At the request of Mr. LUGAR, the Committee on Finance. eral flight deck officers, and for other name of the Senator from Hawaii (Mr. (At the request of Mr. DASCHLE, the purposes . following statement was ordered to be INOUYE) was added as a cosponsor of S. 2005, a bill to authorize the negotiation S. 2591 printed in the RECORD.) ∑ Mr. HARKIN. Madam President, of free trade agreement with the Re- At the request of Mr. REID, the name there few programs that are more im- public of the Philippines, and to pro- of the Senator from Tennessee (Mr. portant to the health and quality of vide for expedited congressional con- FRIST) was added as a cosponsor of S. life of Americans than Medicare. It has sideration of such an agreement. 2591, a bill to reauthorize the Mammog- been a godsend for millions of Ameri- S. 2108 raphy Quality Standards Act, and for other purposes. cans. It deserves our strong support. At the request of Ms. STABENOW, the S.J. RES. 37 We need to make sure that Medicare is name of the Senator from Louisiana strong, secure and improved for the fu- (Ms. LANDRIEU) was added as a cospon- At the request of Mr. WELLSTONE, the name of the Senator from New York ture. sor of S. 2108, a bill to amend the Agri- The biggest gap in Medicare’s cov- (Mr. SCHUMER) was added as a cospon- culture and Consumer Protection Act erage is it’s lack of help with the high sor of S.J. Res. 37, a joint resolution of 1973 to assist the neediest of senior costs of prescription drugs. I feel providing for congressional disapproval citizens by modifying the eligibility strongly that we must move forward to under chapter 8 of title 5, United criteria for supplemental foods pro- provide seniors with an affordable, reli- States Code, of the rule submitted by vided under the commodity supple- able Medicare prescription drug benefit Centers for Medicare & Medicaid Serv- mental food program to take into ac- this year. I call on our leadership to ices within the Department of Health count the extraordinarily high out-of- bring legislation to the floor so that we and Human Services relating to modi- pocket medical expenses that senior can provide seniors with much needed fication of the medicaid upper payment citizens pay, and for other purposes. relief. limit for non-State government owned S. 2135 Another area that is in urgent need or operated hospitals published in the At the request of Mr. BAUCUS, the of improvement is the fairness of the Federal Register on January 18, 2002. name of the Senator from Louisiana distribution of Medicare’s payments and submitted to the Senate on March (Ms. LANDRIEU) was added as a cospon- and costs throughout the states. The 15, 2002. sor of S. 2135, a bill to amend title Medicare program is placing seniors XVIII of the Social Security Act to S. RES. 267 and health care providers in certain provide for a 5-year extension of the At the request of Mr. KERRY, the States at a severe disadvantage com- authorization for appropriations for name of the Senator from Michigan pared to other States. There are cur- certain medicare rural grants. (Mr. LEVIN) was added as a cosponsor of rently unjustifiable inequities in the S. 2210 S. Res. 267, a resolution expressing the system that affect the way in which At the request of Mrs. MURRAY, her sense of the Senate regarding the pol- both seniors and health care profes- name was added as a cosponsor of S. icy of the United States at the 54th An- sionals are treated. Rather than re- 2210, a bill to amend the International nual Meeting of the International warding States with healthy popu- Financial Institutions Act to provide Whaling Commission. lations, that have efficient, high qual- for modification of the Enhanced Heav- S. RES. 272 ity health care practices, and practice ily Indebted Poor Countries (HIPC) Ini- At the request of Mr. CORZINE, his health care cost containment, the tiative. name was added as a cosponsor of S. Medicare system is punishing these S. 2221 Res. 272, a resolution expressing the States. At the request of Mr. ROCKEFELLER, sense of the Senate regarding the suc- For example, seniors enrolled in the the name of the Senator from New cess of the Varela Project’s collection Medicare program pay monthly part B June 10, 2002 CONGRESSIONAL RECORD — SENATE S5287 premiums of $54 across the United based on state level costs rather than States or going to operate in the States. Medicare part B premiums are an aggregated national cost figure. United States in the near future. Mexi- set by law to cover 25 percent of total It is common sense. If a person in can drivers make dramatically less national Part B spending regardless of Iowa goes out and buys car insurance, than American truckers, about $18,000 where one lives or how many services or health insurance for themselves, a year at best and few benefits. They one uses. However, data provided by they will pay different premiums than are also allowed to drive recklessly the Medicare Payment Advisory Com- someone buying insurance in New York long hours at that low pay. American mission, Medpac, shows that the or California. It’s time for the Medi- truckers cannot compete with that. amount of part B services seniors use care program to stop punishing those Those who lose their jobs as a result of state by state varies significantly, States that have healthy seniors and this new competition allowed for by from 70 percent of the national average efficient health care providers. trade law should have access to TAA to 128 percent of the national average. We need to restore greater fairness in assistance. This is because in States like Iowa sen- Medicare’s payment among the 50 The legislation I am introducing will iors lead healthier lifestyles and use States. However until we achieve direct the Secretary of Labor to estab- fewer health care services and we have greater equity, seniors in low cost lish a program to provide TAA assist- excellent health care providers who States should not have to bear an un- ance to any domestic operator of a have always practiced efficient, con- fair portion of health care costs. Sen- motor carrier who is adversely affected servative medicine. I believe that a ator CRAIG and I will be working to get by competition from any foreign owned health population, and an efficient this issue addressed as a part of Medi- or operated motor carrier. The act also health care system, should be rewarded care reforms this year. I urge my col- directs the Secretary of labor to report under the Medicare program; however leagues to review this important new to Congress within 2 years on adversely the system has been established to proposal and to join us in working to affected service workers and rec- achieve quite the opposite. achieve its passage.∑ ommend legislation that the Secretary Not only do seniors in my State have considers appropriate for extending higher Medicare part B premiums be- By Mrs. BOXER: TAA to service workers as well. cause of the higher number of services S. 2606. A bill to require the Sec- The TAA program will remain inad- seniors receive in other states, health retary of Labor to establish a trade ad- equate as long as any workers are los- care providers in my State are receiv- justment assistance program for cer- ing jobs directly as a result of trade ing the lowest reimbursement levels in tain service workers, and for other pur- agreements and not getting the help the country. Iowa health care providers poses; to the Committee on Finance. they need to participate in the new receive $3,053 on average per bene- Mrs. BOXER. Madam President, economy. The trade debate has not ficiary, while the national average is today I am introducing legislation to adequately considered the fate of those $5,490, and the highest state receives make truckers eligible for Trade Ad- who lose from trade. It is our responsi- over $7,000 per beneficiary. Senator justment Assistance, TAA. A similar bility to make sure that these hard- CRAIG and I, along with a host of our provision was in the original Finance working Americans have a voice in this colleagues, have introduced a bipar- Committee package of trade legislation debate and that they and their families tisan bill called the Medicare Fairness that we recently considered in the Sen- are able to reap the rewards of trade in Reimbursement Act, S. 1020, that ate. Unfortunately, this provision was instead of just suffer its consequences. would reduce this unjustified disparity removed in last minute negotiations. I ask unanimous consent that the that serves to punish the health care Currently, Mexican trucks bring text of the bill be printed in the providers in our states year after year. goods into the United States must RECORD. Under the FAIR Act, no state would be transfer those goods to an American There being no objection, the bill was under 95 percent of the national aver- truck at the border. On June 30, 2002, ordered to be printed in the RECORD, as age, and no state would be over 105 per- that will change. Mexican trucks will follows: cent of the national average. A similar be allowed into the country, and as a S. 2606 result, hard-working Americans will adjustment would be made for the part Be it enacted by the Senate and House of Rep- B geographic payment indices. lose their jobs. Future trade agree- resentatives of the United States of America in We must work to alleviate the dis- ments may make the problem even Congress assembled, parity that exists between states under greater. However, these laid-off truck- SECTION 1. TRADE ADJUSTMENT ASSISTANCE. the Medicare program, before we drive ers will not be eligible for TAA. Not later than 180 days after the date of those states into a crisis. We can no TAA exists out of recognition that enactment of the Trade Adjustment Assist- longer ignore the direct and critical our decision on trade in Washington ance Reform Act of 2002, the Secretary shall connection between provider reim- cause very specific groups of American establish a program to provide assistance bursement under the Medicare pro- workers to lose jobs. TAA provides under chapter 2 of title II of the Trade Act of gram, and access to high quality health those workers with the assistance they 1974 (19 U.S.C. 2271 et seq.), as amended by need to successfully transition to new the Trade Adjustment Assistance Reform care for our seniors. Act of 2002, to provide trade adjustment as- That is why today I am pleased to be jobs. sistance to any domestic operator of a motor joined by my colleague Senator CRAIG New trade rules that allow foreign carrier who is adversely affected by competi- of Idaho in introducing legislation to truckers to operate in the United tion from any foreign owned or operated increase fairness in Medicare part B States beginning June 30, 2002 will motor carrier. premiums for seniors. Monthly Medi- cause an American trucker to lose his SEC. 2. DATA COLLECTION AND REPORT. care premiums would be set at 25 per- or her job just as much as new trade (a) DATA COLLECTION SYSTEM.—Not later cent of projected total Medicare Part B rules cause a textile worker to lose his than 180 days after the date of enactment of costs for each state, rather than na- or her job. Providing TAA assistance to the Trade Adjustment Assistance Reform tionally. For example, Minnesota sen- both of these groups of workers is right Act of 2002, the Secretary shall put in place because neither lost their job through a system to collect data on adversely af- iors utilize the least amount of part B fected service workers that includes the services, 70 percent of the national av- any fault of their own—both will have number of workers by State, industry, and erage. As a result, under our bill sen- lost their job as a result of new rules cause of dislocation for each worker. iors in Minnesota would pay a monthly we create in Washington. (b) REPORT.—Not later than 2 years after premium of $38, instead of the current American union truck drivers are the date of enactment of the Trade Adjust- national premium of $54. Seniors in my some of the hardest working and finest ment Assistance Reform Act of 2002, the Sec- home State of Iowa use 75 percent of paid in the world. They make about retary shall report to Congress proposed the national average of part B services, $50,000 a year as a starting salary and methods to extend the programs under chap- receive great benefits. And nonunion ter 2 of title II of the Trade Act of 1974 (19 and therefore, under this bill they U.S.C. 2271 et seq.) to adversely affected serv- would pay a monthly premium of $41, drivers make $35,000 to $40,000 a year ice workers. The report shall include any rather than $54. plus benefits. Compare these figures recommendations for legislation that the Our legislation is budget neutral. It with the salaries of foreign truckers Secretary considers appropriate regarding would simply set Medicare premiums that will now operate in the United such programs. S5288 CONGRESSIONAL RECORD — SENATE June 10, 2002 SEC. 3. DEFINITIONS. diers serving under State active duty status States in the war against terrorism and In this Act: at all 5 of Pennsylvania’s nuclear power other recent deployments. (1) SECRETARY.—The term ‘‘Secretary’’ plants; f means the Secretary of Labor. Whereas individuals and units of the Penn- (2) TRADE ADJUSTMENT ASSISTANCE REFORM sylvania National Guard have been deployed AMENDMENTS SUBMITTED AND ACT OF 2002.—The term ‘‘Trade Adjustment outside of Pennsylvania to serve along the PROPOSED northern border of the United States, in res- Assistance Reform Act of 2002’’ means the SA 3808. Mr. BYRD submitted an amend- cue and support operations immediately Trade Adjustment Assistance Reform Act of ment intended to be proposed by him to the after the terrorist attacks on September 11, 2002, or any other Act enacted during the bill S. 625, to provide Federal assistance to 2001, and with NORAD air controller compo- second session of the 107th Congress to pro- States and local jurisdictions to prosecute nents in New York providing critical assist- vide trade adjustment assistance. hate crimes, and for other purposes; which ance to combat air patrols over the United was ordered to lie on the table. f States in Operation Noble Eagle/Enduring SA 3809. Mr. SMITH, of New Hampshire Freedom; SUBMITTED RESOLUTIONS submitted an amendment intended to be pro- Whereas the 193rd Special Operations posed by him to the bill S. 625, supra; which Wing, under the command of Brigadier Gen- was ordered to lie on the table. SENATE RESOLUTION 282—DIS- eral Steve Speer, which is the most deployed SA 3810. Mr. GRAMM submitted an amend- active or reserve Air Force or Air National APPROVING THE WITHDRAWAL ment intended to be proposed by him to the Guard unit in the United States, deployed to bill S. 625, supra; which was ordered to lie on OF THE UNITED STATES FROM central Asia in September 2001 to provide THE 1972 TREATY BETWEEN THE the table. one-of-a-kind psychological warfare re- SA 3811. Mr. SANTORUM submitted an UNITED STATES OF AMERICA sources to Allied commanders in Operation amendment intended to be proposed by him AND THE UNION OF SOVIET SO- Noble Eagle/Enduring Freedom, with 900 to the bill S. 625, supra; which was ordered to CIALIST REPUBLICS ON THE members of that unit serving the cause of lie on the table. LIMITATION OF ANTI-BALLISTIC freedom and liberty valiantly; SA 3812. Mr. SANTORUM submitted an MISSILE SYSTEMS (ABM TREA- Whereas the 111th Fighter Wing, under the amendment intended to be proposed by him command of Colonel Stephen Sischo, has to the bill S. 625, supra; which was ordered to TY), SIGNED IN MOSCOW ON MAY participated extensively in Operation Noble 26, 1972 (EX. L. 92–2) lie on the table. Eagle/Enduring Freedom, while also serving SA 3813. Mr. SMITH, of New Hampshire Mr. FEINGOLD submitted the fol- in Operation Southern Watch, flying 682 submitted an amendment intended to be pro- lowing resolution; which was referred hours during 318 sorties enforcing the no-fly posed by him to the bill S. 625, supra; which zone over Iraq; was ordered to lie on the table. to the Committee on Foreign Rela- Whereas the 171st Air Refueling Wing, tions: SA 3814. Mr. ENSIGN submitted an amend- under the command of Brigadier General ment intended to be proposed by him to the S. RES. 282 William Boardly, has flown 242 sorties in bill S. 625, supra; which was ordered to lie on Resolved, That— support of Operation Noble Eagle/Enduring the table. (1) it is the sense of the Senate that ap- Freedom; SA 3815. Mr. MCCONNELL submitted an proval of the United States Senate is re- Whereas the 140th Weather Flight, 270th amendment intended to be proposed by him quired to terminate any treaty between the Engineering Installation Squadron, the 146th to the bill S. 625, supra; which was ordered to United States and another nation; Weather Flight, the 112th Air Control Squad- lie on the table. (2) the Senate shall determine the manner ron, the 201st RED HORSE Flight, the 211th SA 3816. Mr. MCCONNELL submitted an by which it gives its approval to such pro- Engineering Installation Squadron, the 258th amendment intended to be proposed by him posed termination; and Air Traffic Control Squadron, and the 271st to the bill S. 625, supra; which was ordered to (3) the Senate does not approve the with- Combat Communications Squadron have also lie on the table. drawal of the United States from the 1972 participated in Operation Noble Eagle/En- SA 3817. Mr. MCCONNELL submitted an Treaty Between the United States of Amer- during Freedom; amendment intended to be proposed by him ica and the Union of Soviet Socialist Repub- Whereas the 28th Infantry Division of the to the bill S. 625, supra; which was ordered to lics on the Limitation of Anti-Ballistic Mis- Pennsylvania Army Guard, under the com- lie on the table. sile Systems (ABM Treaty), signed in Mos- mand of Major General Walt Pudlowski, has SA 3818. Mr. ALLEN submitted an amend- cow on May 26, 1972 (Ex. L. 92–2). provided units and soldiers recently to oper- ment intended to be proposed by him to the ations in central Europe as part of KFOR and bill S. 625, supra; which was ordered to lie on f SFOR Balkans stabilization efforts and cen- the table. SENATE CONCURRENT RESOLU- tral Asia in the war on terrorism; SA 3819. Mr. LOTT submitted an amend- ment intended to be proposed by him to the TION 120—COMMENDING THE Whereas soldiers and units of the 28th In- fantry Division, under the direction of Briga- bill S. 625, supra; which was ordered to lie on PENNSYLVANIA NATIONAL dier General Wesley Craig, have begun pre- the table. GUARD FOR ITS EXEMPLARY paring for future tasks as one of the first ac- SA 3820. Mr. LOTT submitted an amend- SERVICE TO THE UNITED tive or Guard units to transform into an In- ment intended to be proposed by him to the STATES IN THE WAR AGAINST terim Brigade Combat Team, part of the bill S. 625, supra; which was ordered to lie on TERRORISM AND OTHER RECENT Army’s future objective force; the table. DOCUMENTS Whereas elements of the 28th Infantry Di- SA 3821. Mr. MURKOWSKI submitted an vision, under the command of Brigadier Gen- amendment intended to be proposed by him Mr. SPECTER (for himself and Mr. eral John von Trott, will become the lead to the bill S. 625, supra; which was ordered to SANTORUM) submitted the following headquarters element of SFOR based at lie on the table. concurrent resolution; which was re- Eagle Base Tuzla, Bosnia, with approxi- SA 3822. Mr. HATCH submitted an amend- ferred to the Committee on Armed mately 1,100 soldiers of the Pennsylvania ment intended to be proposed by him to the bill S. 625, supra; which was ordered to lie on Services: Army National Guard deploying as peace- keepers for six months; and the table. S. CON. RES. 120 SA 3823. Mr. HATCH submitted an amend- Whereas approximately 2,000 soldiers of the ment intended to be proposed by him to the Whereas the Pennsylvania National Guard, Pennsylvania Army National Guard, includ- bill S. 625, supra; which was ordered to lie on the largest Army National Guard in the ing soldiers from the 55th Brigade, the 1-213 the table. United States and fourth largest Air Na- ADA, the 876 EN, and numerous additional SA 3824. Mr. HATCH submitted an amend- tional Guard in the United States, has expe- units from across the Commonwealth of ment intended to be proposed by him to the rienced call up and deployment rates at lev- Pennsylvania, will soon deploy as primary els unseen since the Korean War and has pro- bill S. 625, supra. components of Task Force Keystone, pro- SA 3825. Mr. HATCH submitted an amend- vided historic levels of volunteers to critical viding enhanced security for United States missions of national importance; ment intended to be proposed by him to the forces based at NATO facilities in Germany, bill S. 625, supra; which was ordered to lie on Whereas the Pennsylvania National Guard Belgium, Luxembourg, the Netherlands, and has recently performed laudably in various the table. Italy: Now, therefore, be it SA 3826. Mr. HATCH submitted an amend- overseas deployments to central Asia, Eu- Resolved by the Senate (the House of Rep- rope, Latin America, and other locations; ment intended to be proposed by him to the resentatives concurring), That Congress com- bill S. 625, supra; which was ordered to lie on Whereas individuals and units of the Penn- mends the soldiers and airman of the Penn- the table. sylvania National Guard have been deployed sylvania National Guard, under the com- within the Commonwealth of Pennsylvania mand of the Pennsylvania Adjutant General, f on a variety of missions since the terrorist Major General William B. Lynch, and Deputy TEXT OF AMENDMENTS attacks on September 11, 2001, with 210 sol- Adjutant Generals, Major General James diers serving in security roles at 16 different Skiff and Brigadier General Jessica Wright, SA 3808. Mr. BYRD submitted an Pennsylvania airports, and many other sol- for their exemplary service to the United amendment intended to be proposed by June 10, 2002 CONGRESSIONAL RECORD — SENATE S5289 him to the bill S. 625, to provide Fed- SA 3811. Mr. SANTORUM submitted SA 3813. Mr. SMITH of New Hamp- eral assistance to States and local ju- an amendment intended to be proposed shire submitted an amendment in- risdictions to prosecute hate crimes, by him to the bill S. 625, to provide tended to be proposed by him to the and for other purposes; which was or- Federal assistance to States and local bill S. 625, to provide Federal assist- dered to lie on the table; as follows: jurisdictions to prosecute hate crimes, ance to States and local jurisdictions On page 2, line 8, after ‘‘orientation,’’ in- and for other purposes; which was or- to prosecute hate crimes, and for other sert ‘‘age,’’. dered to lie on the table; as follows: purposes; which was ordered to lie on On page 5, line 24, after ‘‘orientation,’’ in- On page 2, line 9, before the period, insert the table; as follows: sert ‘‘age,’’. the following: ‘‘, as does the incidence of sex- Add at the end the following: On page 10, line 25, after ‘‘orientation,’’ in- ual abuse of minors on the basis of their () CONTINGENT PROHIBITION ON AVAIL- sert ‘‘age,’’. youth’’. ABILITY OF FISCAL YEAR 2003 FUNDS FOR SUP- On page 11, line 9, after ‘‘orientation,’’ in- At the appropriate place, insert the fol- PORT OF PALESTINIAN AUTHORITY.—(1) Not- sert ‘‘age,’’. lowing: withstanding any other provision of law, no On page 13, line 14, after ‘‘orientation,’’ in- funds available to any department, agency, SEC. ll. DISCLOSURE BY EMPLOYER OF SUS- sert ‘‘age,’’. PECTED SEXUAL ABUSER. or other element of the Federal Government for fiscal year 2003 may be obligated or ex- (a) IN GENERAL.—Chapter 110 of title 18, pended for the purpose, or in a manner which SA 3809. Mr. SMITH of New Hamp- United States Code, is amended by adding at would have the effect, of supporting— shire submitted an amendment in- the end the following: (A) the Palestinian Authority; tended to be proposed by him to the ‘‘§ 2260A. Disclosure by employer of suspected bill S. 625, to provide Federal assist- (B) any entity supported by the Pales- sexual abuser tinian Authority; ance to States and local jurisdictions ‘‘(a) Any person who has reasonable cause (C) any successor entity to the Palestinian to prosecute hate crimes, and for other to suspect or know that they are employing, Authority or an entity referred to in sub- purposes; which was ordered to lie on or otherwise exercising any supervisory role paragraph (B); or the table; as follows: over, a suspected sexual abuser, shall imme- (D) any private, voluntary organization On page 11, line 9, after ‘‘orientation,’’ in- diately disclose that cause of suspicion or for— sert ‘‘pregnancy,’’. knowledge to Federal or State and local law (i) projects related to the Palestinian Au- enforcement officials. thority; or SA 3810. Mr. GRAMM submitted an ‘‘(b) Any person who exercises a super- (ii) projects located in Palestine that amendment intended to be proposed by visory role over a suspected sexual abuser would otherwise be undertaken by the Pales- who is in contact with minors shall suspend tinian Authority or an entity referred to in him to the bill S. 625, to provide Fed- such suspected sexual abuser from duties paragraph (2) or (3). eral assistance to States and local ju- that place such suspected sexual abuser in (2) The prohibition in paragraph (1) shall risdictions to prosecute hate crimes, contact with such minors. cease to be effective upon the submittal by and for other purposes; which was or- ‘‘(c) Any person who violates subsection (a) the President to Congress of a certification dered to lie on the table; as follows: or (b) shall be imprisoned 60 days, fined that neither the Palestinian Authority, nor any entity supported by the Palestinian Au- At the appropriate place, insert the fol- $10,000, or both. thority, has engaged in planning or carrying lowing: ‘‘(d) For purposes of this section, the term ‘sexual abuser’ means any person who em- out any terrorist act during the six-month SEC. . DEFENSE OF HOME ACT. ploys, uses, persuades, induces, entices, or period ending on the date of the certifi- (a) RIGHT TO KEEP A FIREARM IN ONE’S coerces any minor to engage in, or assist any cation. HOME. Notwithstanding any other provisions other person to engage in, any genital con- (3) For purposes of this subsection, support of law, a person may not be held criminally tact or other sexually explicit conduct, or shall include direct and indirect support, liable for the possession of a firearm, or am- any simulation of such conduct, rape, statu- whether such support is financial or other- munition suitable for use in such firearm, or tory rape, molestation, prostitution, or wise, including support for the Holst Fund of for the manner in which such firearm was other form of sexual exploitation.’’. the World Bank and the United Nations Re- stored in the person’s place of residence if (b) TECHNICAL AND CONFORMING AMEND- lief and Works Agency. each of the following are established by a MENT.—The analysis for chapter 110 of title Mr. ENSIGN submitted an preponderance of the evidence: 18, United States Code, is amended by adding SA 3814. (1) The person has attained the age of 18 at the end the following: amendment intended to be proposed by years of age, has not been convicted of a fel- him to the bill S. 625, to provide Fed- ‘‘2260A. Disclosure by employer of suspected ony and is not otherwise prohibited by 18 sexual abuser.’’. eral assistance to States and local ju- U.S.C. 922(g) from possessing a firearm; and risdictions to prosecute hate crimes, (2) The possession occurred: SEC. ll. REPORT. Not later than 6 months after the date of and for other purposes; which was or- (A) in place in which the person has resided dered to lie on the table; as follows: for 30 days or more; or enactment of this Act, the Attorney General, (B) the firearm was unloaded and the per- in cooperation with the Secretary of Labor, At the end, add the following: son was traveling to or from such place of shall report to Congress on the affect of the TITLEll—HELPING EFFICIENT, ACCES- residence for the purposes of transporting amendments made by this Act with respect SIBLE, LOW COST, TIMELY HEALTH the firearm in connection with an otherwise to disclosure by employers of suspected sex- CARE (HEALTH) lawful transaction or activity. ual abusers. SEC. ll01. FINDINGS AND PURPOSE. (b) RIGHT TO DEFEND ONE’S HOME.—Not- (a) FINDINGS.— withstanding any other provision of law, a SA 3812. Mr. SANTORUM submitted (1) EFFECT ON HEALTH CARE ACCESS AND person shall have the right to use a firearm an amendment intended to be proposed COSTS.—Congress finds that our current civil in defense of the person’s home to prevent by him to the bill S. 625, to provide justice system is adversely affecting patient the commission of a felony by another or to Federal assistance to States and local access to health care services, better patient prevent a reasonably perceived threat of se- jurisdictions to prosecute hate crimes, care, and cost-efficient health care, in that rious bodily injury to an individual in the and for other purposes; which was or- the health care liability system is a costly person’s home. and ineffective mechanism for resolving dered to lie on the table; as follows: (c) ENFORCEMENT OF RIGHTS.—A person claims of health care liability and compen- shall be immune from prosecution in any At the appropriate place, insert the fol- sating injured patients, and is a deterrent to state court or court of the United States for lowing: the sharing of information among health violation of any law relating to possession, SEC. ll. DEFENSE AUTHORIZATION. care professionals which impedes efforts to use, transfer, receipt or transportation of a (a) The provisions of S. 2514 of the 107th improve patient safety and quality of care. firearm, if it is established by a preponder- Congress as reported by the Committee on (2) EFFECT ON INTERSTATE COMMERCE.—Con- ance of the evidence that: Armed Services of the Senate on May 15, gress finds that the health care and insur- (1) The person’s use, possession, transfer, 2002, are hereby enacted into law. ance industries are industries affecting or receipt of the firearm was in connection (b) In publishing this Act in slip form and interstate commerce and the health care li- with an otherwise lawful act of self defense; in the United States Statutes at Large pur- ability litigation systems existing through- and suant to section 112 of title 1, United States out the United States are activities that af- (2) The person’s conduct complied with the Code, the Archivist of the United States fect interstate commerce by contributing to requirements of this section. shall include after the date of approval at the high costs of health care and premiums (d) DEFINITIONS.—For purposes of this sec- the end appendixes setting forth the texts of for health care liability insurance purchased tion, the term firearm means a shotgun (as the bills referred to in subsection (a) and the by health care system providers. defined in 18 U.S.C. 921(a)(5)), a rifle (as de- text of any other bill enacted into law by ref- (3) EFFECT ON FEDERAL SPENDING.—Con- fined in 18 U.S.C. 921(a)(7)), or a handgun (as erence by reason of the enactment of this gress finds that the health care liability liti- defined in 18 U.S.C. 921(a)(29)). Act. gation systems existing throughout the S5290 CONGRESSIONAL RECORD — SENATE June 10, 2002

United States have a significant effect on (d) FAIR SHARE RULE.—In any health care filed. A court may allow a claimant to file an the amount, distribution, and use of Federal lawsuit, each party shall be liable for that amended pleading for punitive damages only funds because of— party’s several share of any damages only upon a motion by the claimant and after a (A) the large number of individuals who re- and not for the share of any other person. finding by the court, upon review of sup- ceive health care benefits under programs Each party shall be liable only for the porting and opposing affidavits or after a operated or financed by the Federal Govern- amount of damages allocated to such party hearing, after weighing the evidence, that ment; in direct proportion to such party’s percent- the claimant has established by a substan- (B) the large number of individuals who age of responsibility. A separate judgment tial probability that the claimant will pre- benefit because of the exclusion from Fed- shall be rendered against each such party for vail on the claim for punitive damages. At eral taxes of the amounts spent to provide the amount allocated to such party. For pur- the request of any party in a health care them with health insurance benefits; and poses of this section, the trier of fact shall lawsuit, the trier of fact shall consider in a (C) the large number of health care pro- determine the proportion of responsibility of separate proceeding— viders who provide items or services for each party for the claimant’s harm. (1) whether punitive damages are to be which the Federal Government makes pay- SEC. ll04. MAXIMIZING PATIENT RECOVERY. awarded and the amount of such award; and ments. (a) COURT SUPERVISION OF SHARE OF DAM- (2) the amount of punitive damages fol- (b) PURPOSE.—It is the purpose of this title AGES ACTUALLY PAID TO CLAIMANTS.—In any lowing a determination of punitive liability. to implement reasonable, comprehensive, health care lawsuit, the court shall supervise If a separate proceeding is requested, evi- and effective health care liability reforms the arrangements for payment of damages to dence relevant only to the claim for punitive designed to— protect against conflicts of interest that damages, as determined by applicable State (1) improve the availability of health care may have the effect of reducing the amount law, shall be inadmissible in any proceeding services in cases in which health care liabil- of damages awarded that are actually paid to to determine whether compensatory dam- ity actions have been shown to be a factor in claimants. In particular, in any health care ages are to be awarded. the decreased availability of services; lawsuit in which the attorney for a party (b) DETERMINING AMOUNT OF PUNITIVE DAM- (2) reduce the incidence of ‘‘defensive medi- claims a financial stake in the outcome by AGES.— cine’’ and lower the cost of health care li- virtue of a contingent fee, the court shall (1) FACTORS CONSIDERED.—In determining ability insurance, all of which contribute to have the power to restrict the payment of a the amount of punitive damages, the trier of the escalation of health care costs; claimant’s damage recovery to such attor- fact shall consider only the following: (3) ensure that persons with meritorious ney, and to redirect such damages to the (A) the severity of the harm caused by the health care injury claims receive fair and claimant based upon the interests of justice conduct of such party; adequate compensation, including reason- and principles of equity. In no event shall (B) the duration of the conduct or any con- able noneconomic damages; the total of all contingent fees for rep- cealment of it by such party; (4) improve the fairness and cost-effective- resenting all claimants in a health care law- (C) the profitability of the conduct to such ness of our current health care liability sys- suit exceed the following limits: party; tem to resolve disputes over, and provide (1) 40 percent of the first $50,000 recovered (D) the number of products sold or medical compensation for, health care liability by re- by the claimant(s). procedures rendered for compensation, as the ducing uncertainty in the amount of com- (2) 331⁄3 percent of the next $50,000 recov- case may be, by such party, of the kind caus- pensation provided to injured individuals; ered by the claimant(s). ing the harm complained of by the claimant; and (3) 25 percent of the next $500,000 recovered (E) any criminal penalties imposed on such (5) provide an increased sharing of informa- by the claimant(s). party, as a result of the conduct complained tion in the health care system which will re- (4) 15 percent of any amount by which the of by the claimant; and duce unintended injury and improve patient recovery by the claimant(s) is in excess of (F) the amount of any civil fines assessed care. $600,000. against such party as a result of the conduct SEC. ll02. ENCOURAGING SPEEDY RESOLUTION (b) APPLICABILITY.—The limitations in this complained of by the claimant. OF CLAIMS. section shall apply whether the recovery is (2) MAXIMUM AWARD.—The amount of puni- A health care lawsuit may be commenced by judgment, settlement, mediation, arbitra- tive damages awarded in a health care law- no later than 3 years after the date of injury tion, or any other form of alternative dis- suit may be up to as much as two times the or 1 year after the claimant discovers, or pute resolution. In a health care lawsuit in- amount of economic damages awarded or through the use of reasonable diligence volving a minor or incompetent person, a $250,000, whichever is greater. The jury shall should have discovered, the injury, which- court retains the authority to authorize or not be informed of this limitation. ever occurs first. In no event shall the time approve a fee that is less than the maximum (c) NO CIVIL MONETARY PENALTIES FOR for commencement of a health care lawsuit permitted under this section. PRODUCTS THAT COMPLY WITH FDA STAND- exceed 3 years, except that in the case of an SEC. ll05. ADDITIONAL HEALTH BENEFITS. ARDS.— alleged injury sustained by a minor before In any health care lawsuit, any party may the age of 6, a health care lawsuit may be (1) IN GENERAL.—No punitive damages may introduce evidence of collateral source bene- commenced by or on behalf of the minor be awarded against the manufacturer or dis- fits. If a party elects to introduce such evi- until the later of 3 years from the date of in- tributor of a medical product based on a dence, any opposing party may introduce jury, or the date on which the minor attains claim that such product caused the claim- evidence of any amount paid or contributed the age of 8. ant’s harm where— or reasonably likely to be paid or contrib- (A)(i) such medical product was subject to SEC. ll03. COMPENSATING PATIENT INJURY. uted in the future by or on behalf of the op- premarket approval or clearance by the Food (a) UNLIMITED AMOUNT OF DAMAGES FOR AC- posing party to secure the right to such col- and Drug Administration with respect to the TUAL ECONOMIC LOSSES IN HEALTH CARE LAW- lateral source benefits. No provider of collat- safety of the formulation or performance of SUITS.—In any health care lawsuit, the full eral source benefits shall recover any amount of a claimant’s economic loss may the aspect of such medical product which amount against the claimant or receive any be fully recovered without limitation. caused the claimant’s harm or the adequacy lien or credit against the claimant’s recov- (b) ADDITIONAL NONECONOMIC DAMAGES.—In of the packaging or labeling of such medical any health care lawsuit, the amount of non- ery or be equitably or legally subrogated to product; and economic damages recovered may be as the right of the claimant in a health care (ii) such medical product was so approved much as $250,000, regardless of the number of lawsuit. This section shall apply to any or cleared; or parties against whom the action is brought health care lawsuit that is settled as well as (B) such medical product is generally rec- or the number of separate claims or actions a health care lawsuit that is resolved by a ognized among qualified experts as safe and brought with respect to the same occurrence. fact finder. effective pursuant to conditions established (c) NO DISCOUNT OF AWARD FOR NON- SEC. ll06. PUNITIVE DAMAGES. by the Food and Drug Administration and ECONOMIC DAMAGES.—In any health care law- (a) IN GENERAL.—Punitive damages may, if applicable Food and Drug Administration suit, an award for future noneconomic dam- otherwise permitted by applicable State or regulations, including without limitation ages shall not be discounted to present Federal law, be awarded against any person those related to packaging and labeling. value. The jury shall not be informed about in a health care lawsuit only if it is proven (2) LIABILITY OF HEALTH CARE PROVIDERS.— the maximum award for noneconomic dam- by clear and convincing evidence that such A health care provider who prescribes a drug ages. An award for noneconomic damages in person acted with malicious intent to injure or device (including blood products) ap- excess of $250,000 shall be reduced either be- the claimant, or that such person delib- proved by the Food and Drug Administration fore the entry of judgment, or by amendment erately failed to avoid unnecessary injury shall not be named as a party to a product li- of the judgment after entry of judgment, and that such person knew the claimant was sub- ability lawsuit involving such drug or device such reduction shall be made before account- stantially certain to suffer. In any health and shall not be liable to a claimant in a ing for any other reduction in damages re- care lawsuit where no judgment for compen- class action lawsuit against the manufac- quired by law. If separate awards are ren- satory damages is rendered against such per- turer, distributor, or product seller of such dered for past and future noneconomic dam- son, no punitive damages may be awarded drug or device. ages and the combined awards exceed with respect to the claim in such lawsuit. No (3) PACKAGING.—In a health care lawsuit $250,000, the future noneconomic damages demand for punitive damages shall be in- for harm which is alleged to relate to the shall be reduced first. cluded in a health care lawsuit as initially adequacy of the packaging or labeling of a June 10, 2002 CONGRESSIONAL RECORD — SENATE S5291

drug which is required to have tamper-resist- (4) COMPENSATORY DAMAGES.—The term (10) HEALTH CARE ORGANIZATION.—The term ant packaging under regulations of the Sec- ‘‘compensatory damages’’ means objectively ‘‘health care organization’’ means any per- retary of Health and Human Services (in- verifiable monetary losses incurred as a re- son or entity which is obligated to provide or cluding labeling regulations related to such sult of the provision of, use of, or payment pay for health benefits under any health packaging), the manufacturer or product for (or failure to provide, use, or pay for) plan, including any person or entity acting seller of the drug shall not be held liable for health care services or medical products, under a contract or arrangement with a punitive damages unless such packaging or such as past and future medical expenses, health care organization to provide or ad- labeling is found by the trier of fact by clear loss of past and future earnings, cost of ob- minister any health benefit. and convincing evidence to be substantially taining domestic services, loss of employ- (11) HEALTH CARE PROVIDER.—The term out of compliance with such regulations. ment, and loss of business or employment ‘‘health care provider’’ means any person or (4) EXCEPTION.—Paragraph (1) shall not opportunities, damages for physical and entity required by State or Federal laws or apply in any health care lawsuit in which— emotional pain, suffering, inconvenience, regulations to be licensed, registered, or cer- (A) a person, before or after premarket ap- physical impairment, mental anguish, dis- tified to provide health care services, and proval or clearance of such medical product, figurement, loss of enjoyment of life, loss of being either so licensed, registered, or cer- knowingly misrepresented to or withheld society and companionship, loss of consor- tified, or exempted from such requirement from the Food and Drug Administration in- tium (other than loss of domestic service), by other statute or regulation. formation that is required to be submitted hedonic damages, injury to reputation, and (12) HEALTH CARE GOODS OR SERVICES.—The under the Federal Food, Drug, and Cosmetic all other nonpecuniary losses of any kind or term ‘‘health care goods or services’’ means any goods or services provided by a health Act (21 U.S.C. 301 et seq.) or section 351 of the nature. The term ‘‘compensatory damages’’ care organization, provider, or by any indi- Public Health Service Act (42 U.S.C. 262) that includes economic damages and non- vidual working under the supervision of a is material and is causally related to the economic damages, as such terms are defined health care provider, that relates to the di- harm which the claimant allegedly suffered; in this section. or agnosis, prevention, or treatment of any (5) CONTINGENT FEE.—The term ‘‘contin- human disease or impairment, or the assess- (B) a person made an illegal payment to an gent fee’’ includes all compensation to any ment of the health of human beings. official of the Food and Drug Administration person or persons which is payable only if a for the purpose of either securing or main- (13) MALICIOUS INTENT TO INJURE.—The recovery is effected on behalf of one or more term ‘‘malicious intent to injure’’ means in- taining approval or clearance of such med- claimants. ical product. tentionally causing or attempting to cause (6) ECONOMIC DAMAGES.—The term ‘‘eco- SEC. ll07. AUTHORIZATION OF PAYMENT OF FU- physical injury other than providing health nomic damages’’ means objectively care goods or services. TURE DAMAGES TO CLAIMANTS IN verifiable monetary losses incurred as a re- HEALTH CARE LAWSUITS. (14) MEDICAL PRODUCT.—The term ‘‘medical sult of the provision of, use of, or payment (a) IN GENERAL.—In any health care law- product’’ means a drug or device intended for suit, if an award of future damages, without for (or failure to provide, use, or pay for) humans, and the terms ‘‘drug’’ and ‘‘device’’ reduction to present value, equaling or ex- health care services or medical products, have the meanings given such terms in sec- ceeding $50,000 is made against a party with such as past and future medical expenses, tions 201(g)(1) and 201(h) of the Federal Food, sufficient insurance or other assets to fund a loss of past and future earnings, cost of ob- Drug and Cosmetic Act (21 U.S.C. 321), re- periodic payment of such a judgment, the taining domestic services, loss of employ- spectively, including any component or raw court shall, at the request of any party, ment, and loss of business or employment material used therein, but excluding health enter a judgment ordering that the future opportunities. care services. damages be paid by periodic payments in ac- (7) HEALTH CARE LAWSUIT.—The term (15) NONECONOMIC DAMAGES.—The term cordance with the Uniform Periodic Pay- ‘‘health care lawsuit’’ means any health care ‘‘noneconomic damages’’ means damages for ment of Judgments Act promulgated by the liability claim concerning the provision of physical and emotional pain, suffering, in- National Conference of Commissioners on health care goods or services affecting inter- convenience, physical impairment, mental Uniform State Laws. state commerce, or any health care liability anguish, disfigurement, loss of enjoyment of (b) APPLICABILITY.—This section applies to action concerning the provision of health life, loss of society and companionship, loss all actions which have not been first set for care goods or services affecting interstate of consortium (other than loss of domestic trial or retrial before the effective date of commerce, brought in a State or Federal service), hedonic damages, injury to reputa- this title. court or pursuant to an alternative dispute tion, and all other nonpecuniary losses of SEC. ll08. DEFINITIONS. resolution system, against a health care pro- any kind or nature. In this title: vider, a health care organization, or the (16) PUNITIVE DAMAGES.—The term ‘‘puni- (1) ALTERNATIVE DISPUTE RESOLUTION SYS- manufacturer, distributor, supplier, mar- tive damages’’ means damages awarded, for TEM; ADR.—The term ‘‘alternative dispute keter, promoter, or seller of a medical prod- the purpose of punishment or deterrence, and resolution system’’ or ‘‘ADR’’ means a sys- uct, regardless of the theory of liability on not solely for compensatory purposes, tem that provides for the resolution of which the claim is based, or the number of against a health care provider, health care health care lawsuits in a manner other than claimants, plaintiffs, defendants, or other organization, or a manufacturer, distributor, through a civil action brought in a State or parties, or the number of claims or causes of or supplier of a medical product. Punitive Federal court. action, in which the claimant alleges a damages are neither economic nor non- (2) CLAIMANT.—The term ‘‘claimant’’ health care liability claim. economic damages. means any person who brings a health care (8) HEALTH CARE LIABILITY ACTION.—The (17) RECOVERY.—The term ‘‘recovery’’ lawsuit, including a person who asserts or term ‘‘health care liability action’’ means a means the net sum recovered after deducting claims a right to legal or equitable contribu- civil action brought in a State or Federal any disbursements or costs incurred in con- tion, indemnity or subrogation, arising out Court or pursuant to an alternative dispute nection with prosecution or settlement of of a health care liability claim or action, and resolution system, against a health care pro- the claim, including all costs paid or ad- any person on whose behalf such a claim is vider, a health care organization, or the vanced by any person. Costs of health care asserted or such an action is brought, wheth- manufacturer, distributor, supplier, mar- incurred by the plaintiff and the attorneys’ er deceased, incompetent, or a minor. keter, promoter, or seller of a medical prod- office overhead costs or charges for legal (3) COLLATERAL SOURCE BENEFITS.—The uct, regardless of the theory of liability on services are not deductible disbursements or term ‘‘collateral source benefits’’ means any which the claim is based, or the number of costs for such purpose. amount paid or reasonably likely to be paid plaintiffs, defendants, or other parties, or (18) STATE.—The term ‘‘State’’ means each in the future to or on behalf of the claimant, the number of causes of action, in which the of the several States, the District of Colum- or any service, product or other benefit pro- claimant alleges a health care liability bia, the Commonwealth of Puerto Rico, the vided or reasonably likely to be provided in claim. Virgin Islands, Guam, American Samoa, the the future to or on behalf of the claimant, as (9) HEALTH CARE LIABILITY CLAIM.—The Northern Mariana Islands, the Trust Terri- a result of the injury or wrongful death, pur- term ‘‘health care liability claim’’ means a tory of the Pacific Islands, and any other suant to— demand by any person, whether or not pursu- territory or possession of the United States, (A) any State or Federal health, sickness, ant to ADR, against a health care provider, or any political subdivision thereof. income-disability, accident, or workers’ health care organization, or the manufac- SEC. ll09. EFFECT ON OTHER LAWS. compensation law; turer, distributor, supplier, marketer, pro- (a) VACCINE INJURY.— (B) any health, sickness, income-disability, moter, or seller of a medical product, includ- (1) IN GENERAL.—To the extent that title or accident insurance that provides health ing, but not limited to, third-party claims, XXI of the Public Health Service Act estab- benefits or income-disability coverage; cross-claims, counter-claims, or contribution lishes a Federal rule of law applicable to a (C) any contract or agreement of any claims, which are based upon the provision civil action brought for a vaccine-related in- group, organization, partnership, or corpora- of, use of, or payment for (or the failure to jury or death— tion to provide, pay for, or reimburse the provide, use, or pay for) health care services (A) this title does not affect the applica- cost of medical, hospital, dental, or income or medical products, regardless of the theory tion of the rule of law to such an action; and disability benefits; and of liability on which the claim is based, or (B) any rule of law prescribed by this title (D) any other publicly or privately funded the number of plaintiffs, defendants, or other in conflict with a rule of law of such title program. parties, or the number of causes of action. XXI shall not apply to such action. S5292 CONGRESSIONAL RECORD — SENATE June 10, 2002

(2) APPLICATION OF TITLE TO CERTAIN AC- (1) IN GENERAL.—Chapter 13 of title 18, or post-pubescent minors by a person who is TIONS.—If there is an aspect of a civil action United States Code, is amended by inserting in a position of authority, as described in brought for a vaccine-related injury or death at the end the following: section 249(a)(3) of title 18.’’. to which a Federal rule of law under title ‘‘§ 249. Newspaper theft in violation of first SEC. ll. REPORT. XXI of the Public Health Service Act does amendment rights Not later than 6 months after the date of not apply, then this title or otherwise appli- ‘‘(a) NEWSPAPER DEFINED.—In this section, enactment of this Act, the Attorney General, cable law (as determined under this title) the term ‘newspaper’ means any periodical in cooperation with the Secretary of Labor, will apply to such aspect of such action. that is distributed on a complimentary or shall report to Congress on the affect of the (b) OTHER FEDERAL LAW.—Except as pro- compensatory basis on or near a college or amendments made by this Act with respect vided in this section, nothing in this title university. to hate crime offenses involving the sexual shall be deemed to affect any defense avail- ‘‘(b) ELEMENTS OF OFFENSE.—Whoever will- abuse of minors. able to a defendant in a health care lawsuit fully or knowingly obtains or exerts unau- or action under any other provision of Fed- thorized control over newspapers, or de- SA 3817. Mr. MCCONNELL submitted eral law. stroys such newspapers, with the intent to an amendment intended to be proposed SEC. ll10. STATE FLEXIBILITY AND PROTEC- prevent other individuals from reading the by him to the bill S. 625, to provide TION OF STATES’ RIGHTS. newspapers shall be punished as provided in Federal assistance to States and local (a) HEALTH CARE LAWSUITS.—The provi- subsection (c). jurisdictions to prosecute hate crimes, ‘‘(c) PENALTY.—A person who violates this sions governing health care lawsuits set and for other purposes; which was or- forth in this title preempt, subject to sub- section is guilty of a class C misdemeanor.’’. sections (b) and (c), State law to the extent (2) CHAPTER ANALYSIS.—The chapter anal- dered to lie on the table; as follows: that State law prevents the application of ysis for chapter 13 of title 18, United States On page 10, line 25, after ‘‘ORIENTATION,’’ any provisions of law established by or under Code, is amended by inserting at the end the insert ‘‘AGE,’’. this title. The provisions governing health following: On page 11, line 9, after ‘‘orientation,’’ in- care lawsuits set forth in this title supersede ‘‘249. Newspaper theft in violation of first sert ‘‘age,’’. amendment rights.’’. chapter 171 of title 28, United States Code, to SA. 3818. Mr. ALLEN submitted an the extent that such chapter— (b) STUDY.—The Attorney General, in co- amendment intended to be proposed by (1) provides for a greater amount of dam- operation with the Secretary of Education, ages or contingent fees, a longer period in shall— him to the bill S. 625, to provide Fed- which a health care lawsuit may be com- (1) not later than 6 months after the date eral assistance to States and local ju- menced, or a reduced applicability or scope of enactment of this Act, report to Congress risdictions to prosecute hate crimes, of periodic payment of future damages, than on the frequency and extent of newspaper and for other purposes; which was or- provided in this title; or theft on college and university campuses; dered to lie on the table; as follows: (2) prohibits the introduction of evidence and On page 2, line 8, after ‘‘orientation,’’ in- regarding collateral source benefits, or man- (2) work with States and local jurisdictions sert ‘‘age,’’. dates or permits subrogation or a lien on col- on developing laws and ordinances that are On page 5, line 24, after ‘‘orientation,’’ in- lateral source benefits. substantially similar to section 249 of title sert ‘‘age,’’. (b) PROTECTION OF STATES’ RIGHTS.—Any 18, United States Code, as added by sub- On page 10, line 25, after ‘‘ORIENTATION,’’ issue that is not governed by any provision section (a). insert ‘‘AGE,’’. of law established by or under this title (in- On page 11, line 9, after ‘‘orientation,’’ in- cluding State standards of negligence) shall SA 3816. Mr. MCCONNELL submitted sert ‘‘age,’’. be governed by otherwise applicable State or an amendment intended to be proposed On page 13, line 14, after ‘‘orientation,’’ in- Federal law. This title does not preempt or by him to the bill S. 625, to provide sert ‘‘age,’’. supersede any law that imposes greater pro- Federal assistance to States and local tections (such as a shorter statute of limita- jurisdictions to prosecute hate crimes, SA 3819. Mr. LOTT submitted an tions) for health care providers and health and for other purposes; which was or- amendment intended to be proposed by care organizations from liability, loss, or dered to lie on the table; as follows: him to the bill S. 625, to provide Fed- damages than those provided by this title. eral assistance to States and local ju- (c) STATE FLEXIBILITY.—No provision of On page 2, line 9, before the period, insert the following: ‘‘, as does the incidence of sex- risdictions to prosecute hate crimes, this title shall be construed to preempt— and for other purposes; which was or- (1) any State statutory limit (whether en- ual abuse of minors on the basis of their acted before, on, or after the date of the en- youth’’. dered to lie on the table; as follows: On page 13, between lines 4 and 5, insert actment of this title) on the amount of com- On page 11, line 9, after ‘‘orientation,’’ in- the following: pensatory or punitive damages (or the total sert ‘‘law enforcement officials, including ‘‘(3) OFFENSES INVOLVING THE SEXUAL ABUSE amount of damages) that may be awarded in State and Federal prosecutors, judges, fire- OF PRE-PUBESCENT CHILDREN AND OTHER MI- a health care lawsuit, whether or not such fighters, and law enforcement officers,’’. NORS.— State limit permits the recovery of a specific ‘‘(A) IN GENERAL.—Any person who engages dollar amount of damages that is greater or SA 3820. Mr. LOTT submitted an in any act of sexual abuse of pre-pubescent lesser than is provided for under this title, amendment intended to be proposed by children or any person who is in a position of notwithstanding section ll3(a); or him to the bill S. 625, to provide Fed- authority and engages in any act of sexual (2) any defense available to a party in a eral assistance to States and local ju- abuse of post-pubescent minors shall be fined health care lawsuit under any other provi- in accordance with this title, imprisoned not risdictions to prosecute hate crimes, sion of State or Federal law. less than 1 year and not more than 5 years, and for other purposes; which was or- SEC. ll011. APPLICABILITY; EFFECTIVE DATE. or both. dered to lie on the table; as follows: This title shall apply to any health care ‘‘(B) DEFINITION.—For purposes of this On page 11, line 9, after ‘‘orientation,’’ in- lawsuit brought in a Federal or State court, paragraph, the term ‘sexual abuse’ means sert ‘‘union membership or lack thereof,’’. or subject to an alternative dispute resolu- employment, use, persuasion, inducement, tion system, that is initiated on or after the enticement, or coercion of any minor to en- SA 3821. Mr. MURKOWSKI submitted date of the enactment of this title, except gage in, or assist any other person to engage an amendment intended to be proposed that any health care lawsuit arising from an in, any genital contact or other sexually ex- by him to the bill S. 625, to provide injury occurring prior to the date of the en- plicit conduct, or any simulation of such Federal assistance to States and local actment of this title shall be governed by the conduct, rape, statutory rape, molestation, applicable statute of limitations provisions jurisdictions to prosecute hate crimes, prostitution, or other form of sexual exploi- and for other purposes; which was or- in effect at the time the injury occurred. tation. At the appropriate place, insert the fol- dered to lie on the table; as follows: SA 3815. Mr. MCCONNELL submitted lowing: On page 4, between lines 3 and 4, insert the an amendment intended to be proposed SEC. ll. SEXUAL ABUSE OF CHILDREN AND following: by him to the bill S. 625, to provide OTHER MINORS. (11) Many Alaska Natives were subject to Federal assistance to States and local Section 280003(a) of the Violent Crime Con- slavery prior to the purchase of Alaska by jurisdictions to prosecute hate crimes, trol and Law Enforcement Act of 1994 (28 the United States in 1867. Since that time, U.S.C. 994 note) is amended— language and cultural barriers have made it and for other purposes; which was or- (1) by striking ‘‘means a crime’’ and insert- difficult for Alaska Natives to understand dered to lie on the table; as follows: ing the following: ‘‘means— the nuances of the United States judicial At the appropriate place, insert the fol- ‘‘(1) a crime’’; and system. Many Alaska Natives have been vic- lowing: (2) by striking the period at the end and in- timized by racial discrimination, leading to SEC. ll. NEWSPAPER THEFT IN VIOLATION OF serting the following: ‘‘; and a widespread perception among Alaska Na- FIRST AMENDMENT RIGHTS. ‘‘(2) an offense involving the sexual abuse tive leaders of racial bias against the Alaska (a) OFFENSE.— of pre-pubescent children or the sexual abuse Native community. June 10, 2002 CONGRESSIONAL RECORD — SENATE S5293 On page 4, line 4, strike ‘‘(11)’’ and insert On page 10, strike line 14 and all that fol- (iv) references to and descriptions of the ‘‘(12)’’. lows through page 11, line 23, and insert the laws under which the offenders were pun- On page 4, line 17, strike ‘‘(12)’’ and insert following: ished. ‘‘(13)’’. both; (D) COSTS.—Participating jurisdictions On page 4, line 21, strike ‘‘(13)’’ and insert ‘‘(B) shall be imprisoned for any term of shall be reimbursed for the reasonable and ‘‘(14)’’. years or for life, fined in accordance with necessary costs of compiling data collected this title, or both, if the offense includes kid- under this paragraph. SA 3822. Mr. HATCH submitted an naping or an attempt to kidnap, aggravated (2) STUDY OF RELEVANT OFFENSE ACTIVITY.— amendment intended to be proposed by sexual abuse or an attempt to commit aggra- (A) IN GENERAL.—Not later than 18 months after the date of enactment of this Act, the him to the bill S. 625, to provide Fed- vated sexual abuse, or an attempt to kill; and Comptroller General of the United States eral assistance to States and local ju- ‘‘(C) shall be punished by death or impris- shall complete a study and submit to Con- risdictions to prosecute hate crimes, onment for any term of years or for life, or gress a report that analyzes the data col- and for other purposes; which was or- both, if death results from the offense. lected under paragraph (1) and under section dered to lie on the table; as follows: ‘‘(2) OFFENSES INVOLVING ACTUAL OR PER- 534 of title 28, United States Code, to deter- mine the extent of relevant offense activity On page 10, strike line 14 and all that fol- CEIVED RELIGION, NATIONAL ORIGIN, GENDER, throughout the United States and the suc- lows through page 11, line 23, and insert the SEXUAL ORIENTATION, OR DISABILITY.— cess of State and local officials in combating following: ‘‘(A) IN GENERAL.—Whoever, whether or not that activity. both; acting under color of law, in any cir- (B) IDENTIFICATION OF TRENDS.—In the ‘‘(B) shall be imprisoned for any term of cumstance described in subparagraph (B), study conducted under subparagraph (A), the years or for life, fined in accordance with willfully causes bodily injury to any person Comptroller General of the United States this title, or both, if the offense includes kid- or, through the use of fire, a firearm, or an shall identify any trends in the commission naping or an attempt to kidnap, aggravated explosive or incendiary device, attempts to of relevant offenses specifically by— sexual abuse or an attempt to commit aggra- cause bodily injury to any person, because of (i) geographic region; vated sexual abuse, or an attempt to kill; the actual or perceived religion, national or- (ii) type of crime committed; and and igin, gender, sexual orientation, or disability (iii) the number and percentage of relevant ‘‘(C) shall be punished by death or impris- of any person— offenses that are prosecuted and the number onment for any term of years or for life, or ‘‘(i) shall be imprisoned not more than 10 for which convictions are obtained. both, if death results from the offense, pro- years, fined in accordance with this title, or (b) ASSISTANCE OTHER THAN FINANCIAL AS- vided that the State in which the offense was both; SISTANCE.—At the request of a law enforce- committed would have provided for the pun- ‘‘(ii) shall be imprisoned for any term of years or for life, fined in accordance with ment official of a State or a political sub- ishment of death if the offense was pros- division of a State, and in cases where the ecuted under the laws of such State. this title, or both, if the offense includes kid- naping or an attempt to kidnap, aggravated Attorney General determines special cir- ‘‘(2) OFFENSES INVOLVING ACTUAL OR PER- cumstances exist, the Attorney General, act- CEIVED RELIGION, NATIONAL ORIGIN, GENDER, sexual abuse or an attempt to commit aggra- vated sexual abuse, or an attempt to kill; ing through the Director of the Federal Bu- SEXUAL ORIENTATION, OR DISABILITY.— reau of Investigation may provide technical, and ‘‘(A) IN GENERAL.—Whoever, whether or not forensic, prosecutorial, or any other assist- ‘‘(iii) shall be punished by death or impris- acting under color of law, in any cir- ance in the criminal investigation or pros- onment for any term of years or for life, or cumstance described in subparagraph (B), ecution of any crime that— both, if death results from the offense. willfully causes bodily injury to any person (1) constitutes a crime of violence (as de- or, through the use of fire, a firearm, or an fined in section 16 of title 18, United States explosive or incendiary device, attempts to SA 3825. Mr. HATCH submitted an amendment intended to be proposed by Code); cause bodily injury to any person, because of (2) constitutes a felony under the laws of the actual or perceived religion, national or- him to the bill S. 625, to provide Fed- the State; and igin, gender, sexual orientation, or disability eral assistance to States and local ju- (3) is motivated by animus against the vic- of any person— risdictions to prosecute hate crimes, tim by reason of the victim’s actual or per- ‘‘(i) shall be imprisoned not more than 10 and for other purposes; which was or- ceived race, color, religion, national origin, years, fined in accordance with this title, or dered to lie on the table; as follows: or sexual orientation. both; At the appropriate place, insert the fol- (c) APPOINTMENT OF LIAISONS.— ‘‘(ii) shall be imprisoned for any term of lowing: (1) IN GENERAL.—The Attorney General, or years or for life, fined in accordance with a designee of the Attorney General, shall ap- SECTION ll. COMPREHENSIVE STUDY AND SUP- this title, or both, if the offense includes kid- PORT FOR CRIMINAL INVESTIGA- point not less than 1 Assistant United States naping or an attempt to kidnap, aggravated TIONS AND PROSECUTIONS BY Attorney in every Federal jurisdiction in the sexual abuse or an attempt to commit aggra- STATE AND LOCAL LAW ENFORCE- United States to act as a liaison for State vated sexual abuse, or an attempt to kill; MENT OFFICIALS. and local prosecutions of the offenses speci- and (a) STUDIES.— fied in subsection (b). ‘‘(iii) shall be punished by death or impris- (1) COLLECTION OF DATA.— (2) RESPONSIBILITIES.—The liaisons ap- onment for any term of years or for life, or (A) DEFINITION OF RELEVANT OFFENSE.—In pointed under paragraph (1)— both, if death results from the offense, pro- this subsection, the term ‘‘relevant offense’’ (A) shall ensure that any State and local vided that the State in which the offense was means a crime described in section 1(b)(1) of requests for assistance are timely processed; committed would have provided for the pun- the Hate Crimes Statistics Act (28 U.S.C. 534 and ishment of death if the offense was pros- note) and a crime that manifests evidence of (B) may assist the State and local inves- ecuted under the laws of such State. prejudice based on gender or age. tigation or prosecution in any way con- (B) COLLECTION FROM CROSS-SECTION OF sistent with Department of Justice policy, SA 3823. Mr. HATCH submitted an STATES.—Not later than 120 days after the including obtaining wiretaps pursuant to amendment intended to be proposed by date of enactment of this Act, the Comp- chapter 119 of title 18, United States Code, or him to the bill S. 625, to provide Fed- troller General of the United States, in con- obtaining search warrants from a United eral assistance to States and local ju- sultation with the National Governors’ Asso- States District Court. ciation, shall select 5 jurisdictions with laws (d) GRANTS.— risdictions to prosecute hate crimes, classifying certain types of offenses as rel- (1) IN GENERAL.—The Attorney General and for other purposes; which was or- evant offenses and 5 jurisdictions without may, in cases where the Attorney General dered to lie on the table; as follows: such laws from which to collect the data de- determines special circumstances exist, On page 13, strike line 23 and all that fol- scribed in subparagraph (C) over a 12-month make grants to States and local subdivisions lows through page 14, line 6, and insert the period. of States to assist those entities in the in- following: (C) DATA TO BE COLLECTED.—The data de- vestigation and prosecution of crimes moti- ‘‘(B) the State has requested that the Fed- scribed in this subparagraph are— vated by animus against the victim by rea- eral Government assume jurisdiction; or (i) the number of relevant offenses that are son of the victim’s actual or perceived race, ‘‘(C) the State does not object to the Fed- reported and investigated in the jurisdiction; color, religion, national origin, or sexual ori- eral Government assuming jurisdiction.’’ (ii) the percentage of relevant offenses that entation. are prosecuted and the percentage that re- (2) ELIGIBILITY.—A State or political sub- SA 3824. Mr. HATCH submitted an sult in conviction; division of a State applying for assistance amendment intended to be proposed by (iii) the duration of the sentences imposed under this subsection shall— for crimes classified as relevant offenses in (A) describe the purposes for which the him to the bill S. 625, to provide Fed- the jurisdiction, compared with the length of grant is needed; and eral assistance to States and local ju- sentences imposed for similar crimes com- (B) certify that the State or political sub- risdictions to prosecute hate crimes, mitted in jurisdictions with no laws relating division lacks the resources necessary to in- and for other purposes; as follows: to relevant offenses; and vestigate or prosecute a crime motivated by S5294 CONGRESSIONAL RECORD — SENATE June 10, 2002 animus against the victim by reason of the Comptroller General of the United States single case, absent a certification from the membership of the victim in a particular shall complete a study and submit to Con- Attorney General, or a designee of the Attor- class or group. gress a report that analyzes the data col- ney General, that special circumstances war- (3) DEADLINE.—An application for a grant lected under paragraph (1) and under section ranting additional funds exist. under this subsection shall be approved or 534 of title 28, United States Code, to deter- (5) REPORT AND AUDIT.—Not later than De- disapproved by the Attorney General not mine the extent of relevant offense activity cember 31, 2003, the Attorney General, in later than 10 days after the application is throughout the United States and the suc- consultation with the National Governors’ submitted. cess of State and local officials in combating Association, shall— (4) GRANT AMOUNT.—A grant under this that activity. (A) submit to Congress a report describing subsection shall not exceed $100,000 for any (B) IDENTIFICATION OF TRENDS.—In the the applications made for grants under this single case, absent a certification from the study conducted under subparagraph (A), the subsection, the award of such grants, and the Attorney General, or a designee of the Attor- Comptroller General of the United States effectiveness of the grant funds awarded; and ney General, that special circumstances war- shall identify any trends in the commission (B) conduct an audit of the grants awarded ranting additional funds exist. of relevant offenses specifically by— under this subsection to ensure that such (5) REPORT AND AUDIT.—Not later than De- (i) geographic region; grants are used for the purposes provided in cember 31, 2003, the Attorney General, in (ii) type of crime committed; and this subsection. consultation with the National Governors’ (iii) the number and percentage of relevant (6) AUTHORIZATION OF APPROPRIATIONS.— Association, shall— offenses that are prosecuted and the number There is authorized to be appropriated (A) submit to Congress a report describing for which convictions are obtained. $5,000,000 for each of the fiscal years 2003 and the applications made for grants under this (b) ASSISTANCE OTHER THAN FINANCIAL AS- 2004 to carry out this section. SISTANCE.—At the request of a law enforce- subsection, the award of such grants, and the f effectiveness of the grant funds awarded; and ment official of a State or a political sub- (B) conduct an audit of the grants awarded division of a State, and in cases where the NOTICES OF HEARINGS/MEETINGS Attorney General determines special cir- under this subsection to ensure that such COMMITTEE ON INDIAN AFFAIRS grants are used for the purposes provided in cumstances exist, the Attorney General, act- ing through the Director of the Federal Bu- Mr. INOUYE. Mr. President, I would this subsection. reau of Investigation may provide technical, (6) AUTHORIZATION OF APPROPRIATIONS.— like to announce that the Committee forensic, prosecutorial, or any other assist- There is authorized to be appropriated on Indian Affairs will meet on Tuesday, ance in the criminal investigation or pros- $5,000,000 for each of the fiscal years 2003 and June 11, 2002, at 1:30 p.m. in room 485 of ecution of any crime that— 2004 to carry out this section. (1) constitutes a crime of violence (as de- the Russell Senate Office Building to fined in section 16 of title 18, United States conduct an oversight hearing on the SA 3826. Mr. HATCH submitted an work of the U.S. Department of Inte- amendment intended to be proposed by Code); (2) constitutes a felony under the laws of rior’s Branch of Acknowledgment and him to the bill S. 625 to provide Federal the State; and Research within the Bureau of Indian assistance to States and local jurisdic- (3) is motivated by animus against the vic- Affairs. tions to prosecute hate crimes, and for tim by reason of the victim’s actual or per- Those wishing additional information other purposes; which was ordered to ceived race, color, religion, national origin, may contact the Indian Affairs Com- lie on the table; as follows: or sexual orientation. mittee at 224–2251. Strike all after the enacting clause and in- (c) APPOINTMENT OF LIAISONS.— SUBCOMMITTEE ON PUBLIC LANDS AND FORESTS sert the following: (1) IN GENERAL.—The Attorney General, or a designee of the Attorney General, shall ap- SECTION 1. COMPREHENSIVE STUDY AND SUP- Mr. BINGAMAN. Mr. President, I PORT FOR CRIMINAL INVESTIGA- point not less than 1 Assistant United States would like to announce for the infor- TIONS AND PROSECUTIONS BY Attorney in every Federal jurisdiction in the mation of the Senate and the public STATE AND LOCAL LAW ENFORCE- United States to act as a liaison for State that a hearing has been scheduled be- MENT OFFICIALS. and local prosecutions of the offenses speci- (a) STUDIES.— fied in subsection (b). fore the Subcommittee on Public (1) COLLECTION OF DATA.— (2) RESPONSIBILITIES.—The liaisons ap- Lands and Forests of the Committee on (A) DEFINITION OF RELEVANT OFFENSE.—In pointed under paragraph (1)— Energy and Natural Resources. this subsection, the term ‘‘relevant offense’’ (A) shall ensure that any State and local The hearing will take place Tuesday, means a crime described in section 1(b)(1) of requests for assistance are timely processed; June 18th, 2002, beginning at 2:30 p.m., the Hate Crimes Statistics Act (28 U.S.C. 534 and in room 366 of the Dirksen Senate Of- note) and a crime that manifests evidence of (B) may assist the State and local inves- fice Building in Washington, D.C. prejudice based on gender or age. tigation or prosecution in any way con- The purpose of the hearing is to re- (B) COLLECTION FROM CROSS-SECTION OF sistent with Department of Justice policy, ceive testimony on the following bills: STATES.—Not later than 120 days after the including obtaining wiretaps pursuant to date of enactment of this Act, the Comp- chapter 119 of title 18, United States Code, or S. 198, to require the Secretary of the troller General of the United States, in con- obtaining search warrants from a United Interior to establish a program to pro- sultation with the National Governors’ Asso- States District Court. vide assistance through States to eligi- ciation, shall select 5 jurisdictions with laws (d) GRANTS.— ble weed management entities to con- classifying certain types of offenses as rel- (1) IN GENERAL.—The Attorney General trol or eradicate harmful, nonnative evant offenses and 5 jurisdictions without may, in cases where the Attorney General weeds on public and private land; such laws from which to collect the data de- determines special circumstances exist, S. 1846, to prohibit oil and gas drill- scribed in subparagraph (C) over a 12-month make grants to States and local subdivisions ing in Finger Lakes National Forest in period. of States to assist those entities in the in- (C) DATA TO BE COLLECTED.—The data de- vestigation and prosecution of crimes moti- the State of New York; scribed in this subparagraph are— vated by animus against the victim by rea- S. 1879, to resolve the claims of Cook (i) the number of relevant offenses that are son of the victim’s actual or perceived race, Inlet Region, Inc., to lands adjacent to reported and investigated in the jurisdiction; color, religion, national origin, or sexual ori- the Russian River in the State of Alas- (ii) the percentage of relevant offenses that entation. ka; are prosecuted and the percentage that re- (2) ELIGIBILITY.—A State or political sub- S. 2222, to establish certain convey- sult in conviction; division of a State applying for assistance ances and provide for alternative land (iii) the duration of the sentences imposed under this subsection shall— selections under the Alaska Native for crimes classified as relevant offenses in (A) describe the purposes for which the the jurisdiction, compared with the length of grant is needed; and Claims Settlement Act related to Cape sentences imposed for similar crimes com- (B) certify that the State or political sub- Fox Corporation and Sealaska Corpora- mitted in jurisdictions with no laws relating division lacks the resources necessary to in- tion; to relevant offenses; and vestigate or prosecute a crime motivated by S. 2471, to provide for the inde- (iv) references to and descriptions of the animus against the victim by reason of the pendent investigation of Federal laws under which the offenders were pun- membership of the victim in a particular wildland firefighter fatalities; and ished. class or group. S. 2483, to direct the Secretary of the (D) COSTS.—Participating jurisdictions (3) DEADLINE.—An application for a grant Interior to grant to Deschutes and shall be reimbursed for the reasonable and under this subsection shall be approved or Crook Counties in the State of Oregon necessary costs of compiling data collected disapproved by the Attorney General not under this paragraph. later than 10 days after the application is a right-of-way to West Butte Road. (2) STUDY OF RELEVANT OFFENSE ACTIVITY.— submitted. Because of the limited time available (A) IN GENERAL.—Not later than 18 months (4) GRANT AMOUNT.—A grant under this for the hearing, witnesses may testify after the date of enactment of this Act, the subsection shall not exceed $100,000 for any by invitation only. However, those June 10, 2002 CONGRESSIONAL RECORD — SENATE S5295 wishing to submit written testimony September 30, 2003: Provided, That the entire ing operations along the Rio Grande River that for the hearing record should e-mail it amount is designated by the Congress as an have suffered economic losses during the 2001 to [email protected] or emergency requirement pursuant to section crop year due to the failure of Mexico to deliver fax it to (202) 224–4340. 251(b)(2)(A) of the Balanced Budget and Emer- water to the United States in accordance with For further information, please con- gency Deficit Control Act of 1985, as amended. the Treaty Relating to the Utilization of Waters FOOD SAFETY AND INSPECTION SERVICE of the Colorado and Tijuana Rivers and of the tact Kira Finkler of the committee Rio Grande, and Supplementary Protocol signed staff at (202) 224–8164. For an additional amount for ‘‘Food Safety and Inspection Service’’, $15,000,000, to remain November 14, 1944, signed at Washington on f available until September 30, 2003: Provided, February 3, 1944 (59 Stat. 1219; TS 944). (b) AMOUNT.—The amount of assistance pro- That the entire amount is designated by the PRIVILEGE OF THE FLOOR vided to individual agricultural producers under Congress as an emergency requirement pursuant Mr. HATCH. Madam President, I ask this section shall be proportional to the amount to section 251(b)(2)(A) of the Balanced Budget of actual losses described in subsection (a) that unanimous consent that the following and Emergency Deficit Control Act of 1985, as were incurred by the producers. staff be given the privilege of the floor amended. for the pendency of debate on S. 625: (c) EMERGENCY REQUIREMENT.— NATURAL RESOURCES CONSERVATION SERVICE Stephanie Danis, Wan Kim, Brett Har- (1) IN GENERAL.—The entire amount necessary to carry out this section shall be available only vey, Rebecca Seidel, Tiffany Perry, and WATERSHED AND FLOOD PREVENTION OPERATIONS For an additional amount for ‘‘Watershed and to the extent that an official budget request for Leah Belaire. Flood Prevention Operations’’, for emergency the entire amount, that includes designation of The PRESIDING OFFICER. Without recovery operations, $100,000,000, to remain the entire amount of the request as an emer- objection, it is so ordered. available until expended: Provided, That of this gency requirement under the Balanced Budget f amount, $27,000,000 is designated by the Con- and Emergency Deficit Control Act of 1985 (2 U.S.C. 900 et seq.), is transmitted by the Presi- SUPPLEMENTAL APPROPRIATIONS gress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and dent to Congress. ACT FOR FISCAL YEAR 2002 Emergency Deficit Control Act of 1985, as (2) DESIGNATION.—The entire amount nec- On June 6, 2002, the Senate amended amended. essary to carry out this section is designated by and passed H.R. 4775, as follows: RURAL COMMUNITY ADVANCEMENT PROGRAM Congress as an emergency requirement pursuant to section 251(b)(2)(A) of that Act (2 U.S.C. Resolved, That the bill from the House of For an additional amount for ‘‘Rural Commu- 901(b)(2)(A)). Representatives (H.R. 4775) entitled ‘‘An Act nity Advancement Program’’ for emergency pur- SEC. 102. Not later than 14 days after the date making supplemental appropriations for fur- poses for grants and loans as authorized by 7 of enactment of this Act, the Secretary of Agri- ther recovery from and response to terrorist U.S.C. 381E(d)(2), 306(a)(14), and 306C, culture shall carry out the transfer of funds attacks on the United States for the fiscal $25,000,000, with up to $5,000,000 for contracting year ending September 30, 2002, and for other with qualified organization(s) to conduct vul- under section 2507(a) of the Food Security and purposes.’’, do pass with the following nerability assessments for rural community Rural Investment Act of 2002 (Public Law 107– amendment: water systems, to remain available until ex- 171). SEC. 103. SENSE OF THE SENATE ON COMPENSA- Strike out all after the enacting clause and pended: Provided, That the entire amount is TION TO PRODUCERS OF POULTRY AFFECTED BY insert: designated by the Congress as an emergency re- AVIAN INFLUENZA. It is the Sense of the Senate That the following sums are appropriated, out quirement pursuant to section 251(b)(2)(A) of that the Secretary of Agriculture act expedi- of any money in the Treasury not otherwise ap- the Balanced Budget and Emergency Deficit tiously to provide compensation through the propriated, for the fiscal year ending September Control Act of 1985, as amended. 30, 2002, and for other purposes, namely: Commodity Credit Corporation to producers of RURAL UTILITIES SERVICE TITLE I—SUPPLEMENTAL poultry that have been affected by outbreaks of APPROPRIATIONS LOCAL TELEVISION LOAN GUARANTEE PROGRAM avian influenza in Virginia, West Virginia, and ACCOUNT other States which have resulted in the destruc- CHAPTER 1 tion of poultry flocks in order to contain this DEPARTMENT OF AGRICULTURE (INCLUDING RESCISSION) Of funds made available under this heading disease. OFFICE OF THE SECRETARY for the cost of guaranteed loans, including the SEC. 104. (a) FINDINGS.—(1) Of the 40 million (INCLUDING TRANSFERS OF FUNDS) cost of modifying loans as defined in section 502 people living with HIV/AIDS, nearly 2.7 million For an additional amount for ‘‘Office of the of the Congressional Budget Act of 1974, are children under 15, and 11.8 million are Secretary’’, $18,000,000, to remain available until $20,000,000 are rescinded. young people aged 15–24, more than 540,000 chil- expended: Provided, That the Secretary shall For an additional amount for ‘‘Local Tele- dren were infected in mother-to-child trans- transfer these funds to the Agricultural Re- vision Loan Guarantee Program Account’’, mission in 2000, and a baby born to an HIV- search Service, the Animal and Plant Health In- $20,000,000, to remain available until expended. positive mother has a 25 to 35 percent chance of spection Service, the Agricultural Marketing becoming infected. FOOD AND NUTRITION SERVICE Service, and/or the Food Safety and Inspection (2) Targeted provision of dairy products for Service: Provided further, That the entire SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR HIV/AIDS mitigation provides an economical amount is designated by the Congress as an WOMEN, INFANTS, AND CHILDREN (WIC) and efficient means to strengthen nutrition, emergency requirement pursuant to section For an additional amount for ‘‘Special Sup- ward off infectious diseases and extend the lives 251(b)(2)(A) of the Balanced Budget and Emer- plemental Nutrition Program for Women, In- of HIV-positive individuals. gency Deficit Control Act of 1985, as amended. fants, and Children (WIC)’’, $75,000,000, to re- (3) Good nutrition including dairy products is AGRICULTURAL RESEARCH SERVICE main available until September 30, 2003: Pro- critical to programs that provide and enhance SALARIES AND EXPENSES vided, That of the amounts provided in this Act anti-retroviral drugs to prevent mother-to-child For an additional amount for ‘‘Salaries and and any amounts available for reallocation in transmission of HIV/AIDS, and nutrition experts Expenses’’, $16,000,000, to remain available until fiscal year 2002, the Secretary shall reallocate recommend the use of dairy products with anti- September 30, 2003: Provided, That the entire funds under section 17(g)(2) of the Child Nutri- retroviral drugs to combat mother-to-child amount is designated by the Congress as an tion Act of 1966, as amended, in the manner and transmission. emergency requirement pursuant to section under the formula the Secretary deems nec- (4) In the diets of young children, growing 251(b)(2)(A) of the Balanced Budget and Emer- essary to respond to the effects of unemployment adolescents and pregnant women, milk has been gency Deficit Control Act of 1985, as amended. and other conditions caused by the recession. proven to provide a concentration of critical nu- BUILDINGS AND FACILITIES FOOD STAMP PROGRAM tritional elements that promote growth and ro- For an additional amount for ‘‘Buildings and (RESCISSION) bust health, and the National Institutes of Facilities’’, $50,000,000, to remain available until Of funds which may be reserved by the Sec- Health (NIH) recommends that dairy products expended. retary for allocation to State agencies under sec- be used to boost the nutrition of HIV-positive young children. COOPERATIVE STATE RESEARCH, EDUCATION, AND tion 16(h)(1) of the Food Stamp Act of 1977 to (5) It is imperative that attempts to improve EXTENSION SERVICE carry out the Employment and Training pro- the availability of dairy products to the HIV/ gram, $33,000,000 are rescinded and returned to EXTENSION ACTIVITIES AIDS afflicted do not undermine the security the Treasury. For an additional amount for ‘‘Extension Ac- and stability of the indigenous dairy production tivities’’, $16,000,000, to remain available until GENERAL PROVISION, THIS CHAPTER and processing sector. September 30, 2003: Provided, That the entire SEC. 101. ASSISTANCE TO AGRICULTURAL PRO- (6) The United States has more than 1 billion amount is designated by the Congress as an DUCERS THAT HAVE USED WATER FOR IRRIGA- pounds (450,000 metric tons) of surplus non-fat emergency requirement pursuant to section TION FROM RIO GRANDE RIVER. (a) IN GEN- dry milk in storage that has been acquired at an 251(b)(2)(A) of the Balanced Budget and Emer- ERAL.—The Secretary of Agriculture shall use average cost of over 90 cents per pound for a gency Deficit Control Act of 1985, as amended. $10,000,000 of the funds of the Commodity Credit total cost approaching $1,000,000,000, and stor- ANIMAL AND PLANT HEALTH INSPECTION SERVICE Corporation to make a grant to the State of age costs are $1,500,000 per month and growing. SALARIES AND EXPENSES Texas, acting through the Texas Department of (7) This huge amount of milk overhangs the For an additional amount for ‘‘Salaries and Agriculture, to provide assistance to agricul- United States and world markets and deterio- Expenses’’, $60,000,000, to remain available until tural producers in the State of Texas with farm- rates rapidly, going out of condition in about 3 S5296 CONGRESSIONAL RECORD — SENATE June 10, 2002

years when it must be sold for a salvage value and image data for the design, and for the de- IMMIGRATION AND NATURALIZATION SERVICE of only a few cents per pound. velopment, testing, and deployment of a stand- SALARIES AND EXPENSES (8) The impacts of breast-feeding on mother- ards-based, integrated, interoperable computer For an additional amount for ‘‘Salaries and to-child transmission remain controversial and system for the Immigration and Naturalization Expenses’’ for fleet management, $35,000,000: appropriate interventions are not yet scientif- Service (‘‘Chimera system’’), to be managed by Provided, That the entire amount is designated ically proven, especially in low-income commu- Justice Management Division, as authorized by by the Congress as an emergency requirement nities where appropriate alternatives are not section 202 of H.R. 3525: Provided further, That pursuant to section 251(b)(2)(A) of the Balanced available and may be unsafe. $2,000,000 is for the Principal Associate Deputy Budget and Emergency Deficit Control Act of (9) There is a need for non-fat dry milk in Attorney General for Combating Terrorism: Pro- 1985, as amended. international relief to use in human feeding pro- vided further, That $10,750,000 is designated by CONSTRUCTION grams that target the most vulnerable in society, the Congress as an emergency requirement pur- For an additional amount for ‘‘Construction’’ particularly those affected by HIV/AIDS. suant to section 251(b)(2)(A) of the Balanced for emergency expenses resulting from the Sep- (b) SENSE OF THE SENATE.—It is the sense of Budget and Emergency Deficit Control Act of tember 11, 2001, terrorist attacks, $84,000,000: the Senate that the Secretary of Agriculture 1985, as amended. Provided, That the entire amount is designated should— In addition, for the Office of Domestic Pre- by the Congress as an emergency requirement (1) utilize the existing 416(b) authority of the paredness to respond to the September 11, 2001, pursuant to section 251(b)(2)(A) of the Balanced Agricultural Act of 1949 to dispose of dairy sur- terrorist attacks on the United States, Budget and Emergency Deficit Control Act of pluses for direct feeding programs to mothers $173,800,000, to remain available until expended, 1985, as amended. and children living with HIV/AIDS and commu- for grants, cooperative agreements, and other nities heavily impacted by the HIV/AIDS pan- assistance authorized by sections 819 and 821 of FEDERAL PRISON SYSTEM demic; the Antiterrorism and Effective Death Penalty BUILDINGS AND FACILITIES (2) make available funds for the provision of Act of 1996 and sections 1014, 1015, and 1016 of 100,000 metric tons of surplus non-fat dry milk the USA PATRIOT ACT (Public Law 107–56), (RESCISSION) to combat HIV/AIDS, with a special focus on and for other counterterrorism programs: Pro- Of the amounts made available under this HIV-positive mothers and children, to include vided, That no funds under this heading shall heading in Public Law 107–77 for buildings and ocean and inland transportation, accounting, be used to duplicate the Federal Emergency facilities, $30,000,000 are rescinded. monitoring and evaluation expenses incurred by Management Agency Fire Grant program: Pro- OFFICE OF JUSTICE PROGRAMS the Secretary of Agriculture, and expenses in- vided further, That the entire amount is des- curred by private and voluntary organizations ignated by the Congress as an emergency re- ELECTION REFORM GRANT PROGRAM and cooperatives related to market assessments, quirement pursuant to section 251(b)(2)(A) of For an amount to establish the Election Re- project design, fortification, distribution, and the Balanced Budget and Emergency Deficit form Grant Program, to provide assistance to other project expenses; Control Act of 1985, as amended. States and localities in improving election tech- (3) give careful consideration to the local mar- nology and the administration of federal elec- LEGAL ACTIVITIES ket conditions before dairy products are donated tions, $450,000,000, to remain available until ex- or monetized into a local economy, so as not to SALARIES AND EXPENSES, UNITED STATES pended: Provided, That such amount shall not undermine the security and stability of the in- ATTORNEYS be available for obligation until the enactment digenous dairy production and processing sec- For an additional amount for ‘‘Salaries and of legislation that establishes programs for im- tor; and Expenses’’ for courtroom technology, $5,200,000: proving the administration of elections. (4) Use none of these funds or commodities in Provided, That the entire amount is designated JUSTICE ASSISTANCE any programs that would substitute dairy prod- by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced (RESCISSION) ucts for breast-feeding. Of the amounts made available under this SEC. 105. (a) RESCISSION.—The unobligated Budget and Emergency Deficit Control Act of 1985, as amended. heading for the Office of the Assistant Attorney balance of authority available under section General for Office of Justice Programs, SALARIES AND EXPENSES, UNITED STATES 2108(a) of Public Law 107–20 is rescinded as of $2,000,000 are rescinded, and for the Office of ATTORNEYS the date of the enactment of this Act. Congressional and Public Affairs, $2,000,000 are (b) APPROPRIATION.—There is appropriated to (RESCISSION) rescinded. the Secretary of Agriculture an amount equal to Of the amounts made available under this COMMUNITY ORIENTED POLICING SERVICES the unobligated balance rescinded by subsection heading in Public Law 107–77, $7,000,000 are re- For an amount to establish the Community (a) for expenses through fiscal year 2003 under scinded. Oriented Policing Services’ Interoperable Com- the Agricultural Trade Development and Assist- SALARIES AND EXPENSES, UNITED STATES munications Technology Program, for emer- ance Act of 1954, as amended (7 U.S.C. 1721– MARSHALS SERVICE gency expenses for activities related to com- 1726a) for commodities supplied in connection (RESCISSION) bating terrorism by providing grants to States with dispositions abroad pursuant to title II of Of the amounts made available under this and localities to improve communications with- said Act. heading for the Training Academy, $2,100,000 in, and among, law enforcement agencies, SEC. 106. Section 416(b)(7)(D)(iv) of the Agri- are rescinded. $85,000,000, to remain available until expended: cultural Act of 1949 (7 U.S.C. 1431(b)(7)(D)(iv)) ANTI-TERRORISM TASK FORCES Provided, That the entire amount is designated is amended by striking ‘‘subsection.’’ and insert- For expenses necessary for Anti-Terrorism by the Congress as an emergency requirement ing in lieu thereof the following: ‘‘subsection, or Task Forces, including salaries and expenses, pursuant to section 251(b)(2)(A) of the Balanced to otherwise carry out the purposes of this sub- operations, equipment, and facilities, Budget and Emergency Deficit Control Act of section.’’. $45,000,000, to be derived from the amounts made 1985, as amended. SEC. 107. Notwithstanding any other provision available for this purpose in Public Law 107–77 DEPARTMENT OF COMMERCE AND of law and effective on the date of enactment of and Public Law 107–117. this Act, the Secretary may use an amount not RELATED AGENCIES JOINT TERRORISM TASK FORCES DEPARTMENT OF COMMERCE to exceed $12,000,000 from the amounts appro- For expenses necessary for Joint Terrorism priated under the heading Food Safety and In- Task Forces, including salaries and expenses, INTERNATIONAL TRADE ADMINISTRATION spection Service under the Agriculture, Rural operations, equipment, and facilities, OPERATIONS AND ADMINISTRATION Development, Food and Drug Administration, $113,235,000, to be derived from the amounts For an additional amount for ‘‘Operations and Related Agencies Appropriations Act of 2001 made available for this purpose in Public Law and Administration’’ for emergency expenses re- (Public Law 106–387) to liquidate over-obliga- 107–77 and Public Law 107–117. sulting from new homeland security activities, tions and over-expenditures of the Food Safety FOREIGN TERRORIST TRACKING TASK FORCES $1,725,000: Provided, That the entire amount is and Inspection Service incurred during previous For expenses necessary for Foreign Terrorist designated by the Congress as an emergency re- fiscal years, approved by the Director of the Of- Tracking Task Forces, including salaries and quirement pursuant to section 251(b)(2)(A) of fice of Management and Budget based on docu- expenses, operations, equipment, and facilities, the Balanced Budget and Emergency Deficit mentation provided by the Secretary of Agri- $10,000,000, to be derived from the amounts made Control Act of 1985, as amended. culture. available for this purpose in Public Law 107–77 EXPORT ADMINISTRATION CHAPTER 2 and Public Law 107–117. OPERATIONS AND ADMINISTRATION DEPARTMENT OF JUSTICE FEDERAL BUREAU OF INVESTIGATION For an additional amount for ‘‘Operations GENERAL ADMINISTRATION SALARIES AND EXPENSES and Administration’’ for emergency expenses re- SALARIES AND EXPENSES For an additional amount for ‘‘Salaries and sulting from new homeland security activities, For an additional amount for ‘‘Salaries and Expenses’’ for emergency expenses resulting $8,700,000: Provided, That, of the funds appro- Expenses’’ to respond to the September 11, 2001, from the September 11, 2001, terrorist attacks, priated under this heading, such sums as are terrorist attacks on the United States, $75,500,000, of which $50,500,000 is for a cyber- necessary may be transferred to, and merged $12,750,000, to remain available until expended: security initiative: Provided, That the entire with, any appropriations account to develop Provided, That $10,750,000 is for the planning, amount is designated by the Congress as an and implement secure connectivity between Fed- development, and deployment of an integrated emergency requirement pursuant to section eral agencies and the Executive Office of the fingerprint identification system, including 251(b)(2)(A) of the Balanced Budget and Emer- President: Provided further, That the entire automated capability to transmit fingerprint gency Deficit Control Act of 1985, as amended. amount is designated by the Congress as an June 10, 2002 CONGRESSIONAL RECORD — SENATE S5297 emergency requirement pursuant to section from new homeland security activities, $400,000: expenses for activities related to combating 251(b)(2)(A) of the Balanced Budget and Emer- Provided, That the entire amount is designated international terrorism, $7,000,000, to remain gency Deficit Control Act of 1985, as amended. by the Congress as an emergency requirement available until September 30, 2003: Provided, BUREAU OF THE CENSUS pursuant to section 251(b)(2)(A) of the Balanced That funds appropriated by this paragraph PERIODIC CENSUSES AND PROGRAMS Budget and Emergency Deficit Control Act of shall be available notwithstanding section 15 of 1985, as amended. the State Department Basic Authorities Act of (RESCISSION) 1956, as amended: Provided further, That the Of the amounts made available under this THE JUDICIARY entire amount is designated by the Congress as heading in prior fiscal years, excepting funds SUPREME COURT OF THE UNITED STATES an emergency requirement pursuant to section designated for the Suitland Federal Center, CARE OF THE BUILDING AND GROUNDS 251(b)(2)(A) of the Balanced Budget and Emer- $20,900,000 are rescinded. For an additional amount for ‘‘Care of the gency Deficit Control Act of 1985, as amended. NATIONAL INSTITUTE OF STANDARDS AND Building and Grounds’’ for emergency expenses CONTRIBUTIONS FOR INTERNATIONAL TECHNOLOGY for security upgrades and renovations of the Su- PEACEKEEPING ACTIVITIES SCIENTIFIC AND TECHNICAL RESEARCH AND preme Court building, $10,000,000: Provided, (RESCISSION) SERVICES That the entire amount is designated by the For an additional amount for ‘‘Scientific and Congress as an emergency requirement pursuant Of the amounts made available under this Technical Research and Services’’ for emergency to section 251(b)(2)(A) of the Balanced Budget heading, $48,000,000 are rescinded from prior expenses resulting from new homeland security and Emergency Deficit Control Act of 1985, as year appropriations. activities and increased security requirements, amended. RELATED AGENCY $84,600,000, of which $40,000,000 is for a cyber- COURTS OF APPEALS, DISTRICT COURTS, AND BROADCASTING BOARD OF GOVERNORS security initiative: Provided, That the entire OTHER JUDICIAL SERVICES INTERNATIONAL BROADCASTING OPERATIONS amount is designated by the Congress as an SALARIES AND EXPENSES For an additional amount for ‘‘International emergency requirement pursuant to section For an additional amount for ‘‘Salaries and Broadcasting Operations’’, for emergency ex- 251(b)(2)(A) of the Balanced Budget and Emer- Expenses’’ for emergency expenses to enhance penses for activities related to combating inter- gency Deficit Control Act of 1985, as amended: security and to provide for extraordinary trial Provided further, That of the amount appro- national terrorism, $7,400,000, to remain avail- related costs, $9,684,000, to remain available able until September 30, 2003: Provided, That priated under this heading, $500,000 shall be for until expended: Provided, That the entire the Center for Identification Technology Re- funds appropriated by this paragraph shall be amount is designated by the Congress as an available notwithstanding section 15 of the search at the West Virginia University for the emergency requirement pursuant to section purpose of developing interoperability standards State Department Basic Authorities Act of 1956, 251(b)(2)(A) of the Balanced Budget and Emer- as amended: Provided further, That the entire and an application profile for technology neu- gency Deficit Control Act of 1985, as amended. tral, portable, and data independent biometrics, amount is designated by the Congress as an in accordance with section 403(c)(2) of The USA DEPARTMENT OF STATE AND RELATED emergency requirement pursuant to section PATRIOT Act (Public Law 107–56) and sections AGENCY 251(b)(2)(A) of the Balanced Budget and Emer- 201(c)(5) and 202(a)(4)(B) and title III of the En- DEPARTMENT OF STATE gency Deficit Control Act of 1985, as amended. hanced Border Security and Visa Reform Act ADMINISTRATION OF FOREIGN AFFAIRS RELATED AGENCIES (Public Law 107–173), and the amendments made DIPLOMATIC AND CONSULAR PROGRAMS SECURITIES AND EXCHANGE COMMISSION by those provisions. For an additional amount for ‘‘Diplomatic SALARIES AND EXPENSES NATIONAL OCEANIC AND ATMOSPHERIC and Consular Programs,’’ for emergency ex- For an additional amount for ‘‘Salaries and ADMINISTRATION penses for activities related to combating inter- Expenses’’ to respond to the September 11, 2001, OPERATIONS, RESEARCH, AND FACILITIES national terrorism, $38,300,000, of which terrorist attacks on the United States and for For an additional amount for ‘‘Operations, $20,300,000 shall remain available until Sep- other purposes, $29,300,000, to remain available Research, and Facilities’’ for emergency ex- tember 30, 2003: Provided, That funds appro- until expended: Provided, That $9,300,000 is des- penses resulting from homeland security activi- priated by this paragraph shall be available not- ignated by the Congress as an emergency re- ties, $29,200,000, of which $23,400,000 is to ad- withstanding section 15 of the State Department quirement pursuant to section 251(b)(2)(A) of dress critical mapping and charting backlog re- Basic Authorities Act of 1956, as amended: Pro- the Balanced Budget and Emergency Deficit quirements, $3,000,000 is to enhance the Na- vided further, That the entire amount is des- Control Act of 1985, as amended. ignated by the Congress as an emergency re- tional Water Level Observation Network and GENERAL PROVISIONS, THIS CHAPTER $2,800,000 is for backup capability for National quirement pursuant to section 251(b)(2)(A) of Oceanic and Atmospheric Administration crit- the Balanced Budget and Emergency Deficit SEC. 201. Title II of Public Law 107–77 is ical satellite products and services, to remain Control Act of 1985, as amended. amended in the second undesignated paragraph available until September 30, 2003: Provided, EDUCATIONAL AND CULTURAL EXCHANGE under the heading ‘‘Department of Commerce, That $2,800,000 is designated by the Congress as PROGRAMS National Institute of Standards and Tech- an emergency requirement pursuant to section For an additional amount for ‘‘Educational nology, Industrial Technology Services’’ by 251(b)(2)(A) of the Balanced Budget and Emer- and Cultural Exchange Programs’’, for emer- striking ‘‘not to exceed $60,700,000 shall be gency Deficit Control Act of 1985, as amended. gency expenses for activities related to com- available for the award of new grants’’ and in- serting ‘‘not less than $60,700,000 shall be used PROCUREMENT, ACQUISITION AND CONSTRUCTION bating international terrorism, $9,000,000: Pro- vided, That funds appropriated by this para- before October 1, 2002 for the award of new (INCLUDING RESCISSION) grants’’. For an additional amount for ‘‘Procurement, graph shall be available notwithstanding sec- tion 15 of the State Department Basic Authori- SEC. 202. None of the funds appropriated or Acquisition and Construction’’ for emergency otherwise made available by this Act or any expenses resulting from homeland security ac- ties Act of 1956, as amended: Provided further, That the entire amount is designated by the other Act may be used to implement, enforce, or tivities, $7,200,000 for a supercomputer backup, otherwise abide by the Memorandum of Agree- to remain available until September 30, 2003: Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget ment signed by the Federal Trade Commission Provided, That the entire amount is designated and the Antitrust Division of the Department of by the Congress as an emergency requirement and Emergency Deficit Control Act of 1985, as amended. Justice on March 5, 2002. pursuant to section 251(b)(2)(A) of the Balanced SEC. 203. (a) Section 504 of title 28, United EMBASSY SECURITY, CONSTRUCTION, AND Budget and Emergency Deficit Control Act of States Code, is amended by inserting after MAINTENANCE 1985, as amended. ‘‘General’’ the following: ‘‘and a Principal As- Of the amounts made available under this For an additional amount for ‘‘Embassy Secu- sociate Deputy Attorney General for Combating heading for the National Polar-Orbiting Oper- rity, Construction, and Maintenance’’, for emer- Terrorism’’. ational Environmental Satellite System, gency expenses for activities related to com- (b) The Section heading for section 504 of title $8,100,000 are rescinded. bating international terrorism, $210,516,000, to 28, United States Code, is amended by inserting remain available until expended: Provided, That FISHERIES FINANCE PROGRAM ACCOUNT after ‘‘General’’ the following: ‘‘and Principal $210,516,000 shall be available notwithstanding Funds provided under the heading, ‘‘Fisheries Associate Deputy Attorney General for Com- section 15 of the State Department Basic Au- Finance Program Account’’, National Oceanic bating Terrorism’’. thorities Act of 1956, as amended: Provided fur- and Atmospheric Administration, Department of (c) The Principal Associate Deputy Attorney ther, That the entire amount is designated by Commerce, for the direct loan program author- General for Combating Terrorism (appointed the Congress as an emergency requirement pur- ized by the Merchant Marine Act of 1936, as under section 504 of title 28, United States Code, suant to section 251(b)(2)(A) of the Balanced amended, are available to subsidize gross obliga- as amended by subsection (a)) shall— tions for the principal amount of direct loans Budget and Emergency Deficit Control Act of (1) serve as the principal adviser to the Attor- not to exceed $5,000,000 for Individual Fishing 1985, as amended. ney General and the Deputy Attorney General Quota loans, and not to exceed $19,000,000 for INTERNATIONAL ORGANIZATIONS AND for combating terrorism, counterterrorism, and Traditional loans. CONFERENCES antiterrorism policy; DEPARTMENTAL MANAGEMENT CONTRIBUTIONS TO INTERNATIONAL (2) have responsibility for coordinating all SALARIES AND EXPENSES ORGANIZATIONS functions within the Department of Justice re- For an additional amount for ‘‘Salaries and For an additional amount for ‘‘Contributions lating to combating domestic terrorism, subject Expenses’’ for emergency expenses resulting to International Organizations’’, for emergency to paragraph (5), including— S5298 CONGRESSIONAL RECORD — SENATE June 10, 2002

(A) policies, plans, and oversight, as they re- SEC. 208. In addition to amounts appropriated TIONAL VETERANS BUSINESS DEVELOPMENT COR- late to combating terrorism, counterterrorism, or otherwise made available by this Act or any PORATION’’ (115 Stat. 795) shall remain available and antiterrorism activities; other Act, $11,000,000 is appropriated to enable until expended. (B) State and local preparedness for terrorist the Secretary of Commerce to provide economic SEC. 213. Of the funds made available under events; assistance to fishermen and fishing communities the heading ‘‘Courts of Appeals, District Courts, (C) contingency operations within the Depart- affected by Federal closures and fishing restric- and Other Judicial Services, Salaries, and Ex- ment of Justice; and tions in the New England groundfish fishery, to penses’’ in title III of Public Law 107–77, (D) critical infrastructure; remain available until September 30, 2003. $37,900,000 shall be transferred to, and merged (3) coordinate— SEC. 209. In addition to amounts appropriated with, funds available for ‘‘Salaries and Ex- (A) all inter-agency interface between the De- or otherwise made available by this Act or any penses, United States Marshals Service’’ in title partment of Justice and other departments, other Act, $5,000,000 shall be provided to enable I of Public Law 107–77, to be available until ex- agencies, and entities of the United States, in- the Secretary of Commerce to provide for direct pended only for hiring 200 additional Deputy cluding State and local organizations, engaged economic assistance to fishermen and fishing United States Marshals and associated support in combating terrorism, counterterrorism, and communities, affected by Federal Court ordered staff for protection of the judicial process in re- antiterrorism activities; and management measures in the Northeast multi- sponse to the terrorist attacks of September 11, (B) the implementation of the Department of species fishery, to remain available until Sep- 2001 to be deployed to the Federal districts with Justice’s strategy for combating terrorism by tember 30, 2003: Provided, That these amounts critical courtroom and prisoner security needs. State and local law enforcement with respon- shall be used to support port security and re- CHAPTER 3 sibilities for combating domestic terrorism; lated coastal activities administered by the Na- (4) recommend changes in the organization tional Oceanic and Atmospheric Administration, DEPARTMENT OF DEFENSE and management of the Department of Justice the Coast Guard, or an affected state. MILITARY PERSONNEL and State and local entities engaged in com- SEC. 210. Of the amounts appropriated in Pub- MILITARY PERSONNEL, AIR FORCE bating domestic terrorism to the Attorney Gen- lic Law 107–77, under the heading ‘‘Department eral and Deputy Attorney General; and of Commerce, National Oceanic and Atmos- For an additional amount for ‘‘Military Per- (5) serve in an advisory capacity to the Attor- pheric Administration, Operations, Research, sonnel, Air Force’’, $206,000,000: Provided, That ney General and Deputy Attorney General on and Facilities’’, for Oregon groundfish coopera- the entire amount is designated by the Congress matters pertaining to the allocation of resources tive research, $500,000 shall be for the cost of a as an emergency requirement pursuant to sec- for combating terrorism. reduction loan of $50,000,000 as authorized tion 251(b)(2)(A) of the Balanced Budget and (d) The allocation of resources for combating under sections 1111 and 1112 of title XI of the Emergency Deficit Control Act of 1985, as terrorism shall remain under the purview of the Merchant Marine Act, 1936 (46 U.S.C. App. 1279f amended. current Deputy Attorney General. Any changes and 1279g) to carry out a West Coast groundfish OPERATION AND MAINTENANCE in the allocation of resources will continue to be fishing capacity reduction program under sec- DEFENSE EMERGENCY RESPONSE FUND approved by the current Deputy Attorney Gen- tion 312(b) of the Magnuson-Stevens Fishery eral using the current procedures of the Depart- Conservation and Management Act (16 U.S.C. (INCLUDING TRANSFER OF FUNDS) ment of Justice. 1861a(b)). For an additional amount for the ‘‘Defense (e) Effective upon enactment of this Act, there SEC. 211. (a) Subject to subsection (b), the At- Emergency Response Fund’’, $11,300,000,000, of is transferred to the Principal Associate Deputy torney General shall, out of appropriations which $77,900,000 shall be available for enhance- Attorney General for Combating Terrorism all available to the Department of Justice made in ments to North American Air Defense Command authorities, liabilities, funding, personnel, Public Law 107–77, transfer to, and merge with, capabilities: Provided, That the entire amount is equipment, and real property employed or used the appropriations account for the Immigration designated by the Congress as an emergency re- by, or associated with, the Office of Domestic and Naturalization Service entitled ‘‘Salaries quirement pursuant to section 251(b)(2)(A) of Preparedness, the National Domestic Prepared- and Expenses’’ the following amounts for the the Balanced Budget and Emergency Deficit ness Office, the Executive Office of National Se- following purposes: Control Act of 1985, as amended: Provided fur- curity, and such appropriate components of the (1) $4,900,000 to cover an increase in pay for ther, That the Secretary of Defense may trans- Office of Intelligence Policy and Review and the all Border Patrol agents who have completed at fer the funds provided herein only to appropria- National Institute of Justice as relate to com- least one year’s service and are receiving an an- tions for military personnel; operation and bating terrorism, counterterrorism, and nual rate of basic pay for positions at GS–9 of maintenance; procurement; research, develop- antiterrorism activities. the General Schedule under section 5332 of title ment, test and evaluation; military construction; SEC. 204. Public Law 106–256 is amended in 5, United States Code, from the annual rate of the Defense Health Program; and working cap- section 3(f)(1) by striking ‘‘18’’ and inserting basic pay payable for positions at GS–9 of the ital funds: Provided further, That the funds ‘‘29’’. General Schedule under such section 5332, to an transferred shall be merged with and shall be SEC. 205. The American Section, International annual rate of basic pay payable for positions available for the same purposes and for the Joint Commission, United States and Canada, is at GS–11 of the General Schedule under such same time period as the appropriation to which authorized to receive funds from the United section 5332; and transferred: Provided further, That the transfer States Army Corps of Engineers for the purposes (2) $3,800,000 to cover an increase in pay for authority provided in this paragraph is in addi- of conducting investigations, undertaking stud- all immigration inspectors who have completed tion to any other transfer authority available to ies, and preparing reports in connection with a at least one year’s service and are receiving an the Department of Defense: Provided further, reference to the International Joint Commission annual rate of basic pay for positions at GS–9 of That upon a determination that all or part of on the Devils Lake project mentioned in Public the General Schedule under section 5332 of title the funds transferred from this appropriation Law 106–377. 5, United States Code, from the annual rate of are not necessary for the purposes provided SEC. 206. Section 282(a)(2)(D) of the Agricul- basic pay payable for positions at GS–9 of the herein, such amounts may be transferred back tural Marketing Act of 1946 is amended to read General Schedule under such section 5332, to an to this appropriation. as follows: annual rate of basic pay payable for positions OPERATION AND MAINTENANCE, ARMY ‘‘(D) in the case of wild fish, is— at GS–11 of the General Schedule under such For an additional amount for ‘‘Operation and ‘‘(i) harvested in the United States, a territory section 5332. of the United States, or a State, or by a vessel (b) Funds transferred under subsection (a) Maintenance, Army’’, $107,000,000: Provided, that is documented under chapter 121 of title 46, shall be available for obligation and expenditure That the entire amount is designated by the United States Code, or registered in the United only in accordance with the procedures applica- Congress as an emergency requirement pursuant States; and ble to reprogramming notifications set forth in to section 251(b)(2)(A) of the Balanced Budget ‘‘(ii) processed in the United States, a terri- section 605 of the Departments of Commerce, and Emergency Deficit Control Act of 1985, as tory of the United States, or a State, including Justice, and State, the Judiciary, and Related amended. the waters thereof, or aboard a vessel that is Agencies Appropriations Act, 2002 (Public Law OPERATION AND MAINTENANCE, NAVY documented under chapter 121 of title 46, United 107–77; 115 Stat. 798). For an additional amount for ‘‘Operation and States Code, or registered in the United States; (c) Not later than September 30, 2002, the Jus- Maintenance, Navy’’, $36,500,000: Provided, and’’. tice Management Division of the Department of That the entire amount is designated by the SEC. 207. Of the amounts appropriated in Pub- Justice shall submit a report to the Committees Congress as an emergency requirement pursuant lic Law 107–77, under the heading ‘‘Department on Appropriations of the Senate and the House to section 251(b)(2)(A) of the Balanced Budget of Commerce, National Oceanic and Atmos- of Representatives describing the progress made and Emergency Deficit Control Act of 1985, as pheric Administration, Operations, Research, in the development of the Chimera system. amended. and Facilities’’, for coral reef programs, (d) No funds available to the Immigration and $2,500,000, for a cooperative agreement with the Naturalization Service for technology activities OPERATION AND MAINTENANCE, AIR FORCE National Defense Center of Excellence for Re- in the fiscal year 2003 may be obligated or ex- For an additional amount for ‘‘Operation and search in Ocean Sciences to conduct coral map- pended unless the program manager of the Chi- Maintenance, Air Force’’, $41,000,000: Provided, ping in the waters of the Hawaiian Islands and mera system approves the obligation or expendi- That the entire amount is designated by the the surrounding Exclusive Economic Zone in ac- ture of those funds and so reports to the Attor- Congress as an emergency requirement pursuant cordance with the mapping implementation ney General. to section 251(b)(2)(A) of the Balanced Budget strategy of the United States Coral Reef Task SEC. 212. Amounts appropriated by title V of and Emergency Deficit Control Act of 1985, as Force. Public Law 107–77 under the heading ‘‘NA- amended. June 10, 2002 CONGRESSIONAL RECORD — SENATE S5299

OPERATION AND MAINTENANCE, DEFENSE-WIDE PROCUREMENT OF AMMUNITION, AIR FORCE (b) NOTICE TO CONGRESS.—Not later than 15 (INCLUDING TRANSFER OF FUNDS) For an additional amount for ‘‘Procurement days before obligating amounts available under subsection (a) for military construction projects For an additional amount for ‘‘Operation and of Ammunition, Air Force’’, $115,000,000: Pro- referred to in that subsection, the Secretary Maintenance, Defense-wide’’, $739,000,000, of vided, That the entire amount is designated by shall notify the appropriate committees of Con- which $420,000,000 may be used for payments to the Congress as an emergency requirement pur- gress of the following: Pakistan, Jordan, the Philippines, and other suant to section 251(b)(2)(A) of the Balanced (1) the determination to use such amounts for key cooperating nations for logistical and mili- Budget and Emergency Deficit Control Act of 1985, as amended. the project; and tary support provided to United States military (2) the estimated cost of the project and the OTHER PROCUREMENT, AIR FORCE operations in connection with United States ef- accompanying Form 1391. forts to prevent or respond to acts of inter- For an additional amount for ‘‘Other Procure- (c) APPROPRIATE COMMITTEES OF CONGRESS national terrorism: Provided, That such amount ment, Air Force’’, $752,300,000: Provided, That DEFINED.—In this section the term ‘‘appropriate shall be transferred to, and merged with, funds the entire amount is designated by the Congress committees of Congress’’ has the meaning given appropriated in Public Law 107–115 under the as an emergency requirement pursuant to sec- that term in section 2801(4) of title 10, United heading ‘‘Foreign Military Financing Program’’ tion 251(b)(2)(A) of the Balanced Budget and States Code. within 30 days of enactment: Provided further, Emergency Deficit Control Act of 1985, as SEC. 303. Section 8052(b) of the Department of That such payments may be made in such amended. Defense Appropriations Act, 2002 (Public Law amounts as the Secretary of State determines, PROCUREMENT, DEFENSE-WIDE 107–117) is amended by striking out ‘‘will reduce after consultation with the Secretary of Defense For an additional amount for ‘‘Procurement, the personnel requirements or financial require- and the Director of the Office of Management Defense-wide’’, $99,500,000: Provided, That the ments of the department’’, and inserting the fol- and Budget: Provided further, That such deter- entire amount is designated by the Congress as lowing in lieu thereof, ‘‘either (1) will reduce the mination shall be final and conclusive upon the an emergency requirement pursuant to section personnel requirements or the financial require- accounting officers of the United States: Pro- 251(b)(2)(A) of the Balanced Budget and Emer- ments of the department, or (2) is necessary in vided further, That of the funds appropriated gency Deficit Control Act of 1985, as amended. response to an emergency, including responding by this paragraph, not less than $50,000,000 to direct threats or incidents of terrorism’’. RESEARCH, DEVELOPMENT, TEST AND shall be made available for the Philippines: Pro- SEC. 304. Funds appropriated by this Act, or EVALUATION vided further, That amounts for such payments made available by the transfer of funds in this shall be in addition to any other funds that may RESEARCH, DEVELOPMENT, TEST AND Act, for intelligence activities are deemed to be be available for such purpose: Provided further, EVALUATION, ARMY specifically authorized by the Congress for pur- That the entire amount is designated by the For an additional amount for ‘‘Research, De- poses of section 504 of the National Security Act Congress as an emergency requirement pursuant velopment, Test and Evaluation, Army’’, of 1947 (50 U.S.C. 414): Provided, That any to section 251(b)(2)(A) of the Balanced Budget $8,200,000: Provided, That the entire amount is funds appropriated or transferred to the Central and Emergency Deficit Control Act of 1985, as designated by the Congress as an emergency re- Intelligence Agency for agent operations or cov- amended: Provided further, That funds made quirement pursuant to section 251(b)(2)(A) of ert action programs authorized by the President available by this paragraph shall be subject to the Balanced Budget and Emergency Deficit under section 503 of the National Security Act of the regular notification procedures of the Com- Control Act of 1985, as amended. 1947, as amended, shall remain available until mittees on Appropriations. RESEARCH, DEVELOPMENT, TEST AND September 30, 2003. PROCUREMENT EVALUATION, NAVY SEC. 305. (a) Funds appropriated to the De- partment of Defense for fiscal year 2002 for op- OTHER PROCUREMENT, ARMY For an additional amount for ‘‘Research, De- eration and maintenance under the heading For an additional amount for ‘‘Other Procure- velopment, Test and Evaluation, Navy’’, $19,000,000: Provided, That the entire amount is ‘‘Chemical Agents and Munitions Destruction, ment, Army’’, $79,200,000: Provided, That the Army’’, may be used to pay for additional costs entire amount is designated by the Congress as designated by the Congress as an emergency re- quirement pursuant to section 251(b)(2)(A) of of international inspectors from the Technical an emergency requirement pursuant to section Secretariat of the Organization for the Prohibi- 251(b)(2)(A) of the Balanced Budget and Emer- the Balanced Budget and Emergency Deficit Control Act of 1985, as amended. tion of Chemical Weapons, pursuant to Articles gency Deficit Control Act of 1985, as amended. IV and V of the Chemical Weapons Convention, RESEARCH, DEVELOPMENT, TEST AND AIRCRAFT PROCUREMENT, NAVY for inspections and monitoring of Department of EVALUATION, AIR FORCE For an additional amount for ‘‘Aircraft Pro- Defense sites and commercial sites that perform For an additional amount for ‘‘Research, De- curement, Navy’’, $22,800,000: Provided, That services under contract to the Department of velopment, Test and Evaluation, Air Force’’, the entire amount is designated by the Congress Defense, resulting from the Department of De- $60,800,000: Provided, That the entire amount is as an emergency requirement pursuant to sec- fense’s program to accelerate its chemical de- designated by the Congress as an emergency re- tion 251(b)(2)(A) of the Balanced Budget and militarization schedule. quirement pursuant to section 251(b)(2)(A) of Emergency Deficit Control Act of 1985, as (b) Expenses which may be paid under sub- the Balanced Budget and Emergency Deficit amended. section (a) include— Control Act of 1985, as amended. (1) salary costs for performance of inspection PROCUREMENT OF AMMUNITION, NAVY AND RESEARCH, DEVELOPMENT, TEST AND and monitoring duties; MARINE CORPS EVALUATION, DEFENSE-WIDE (2) travel, including travel to and from the point of entry into the United States and inter- For an additional amount for ‘‘Procurement For an additional amount for ‘‘Research, De- nal United States travel; of Ammunition, Navy and Marine Corps’’, velopment, Test and Evaluation, Defense-wide’’, (3) per diem, not to exceed United Nations $262,000,000: Provided, That the entire amount is $74,700,000: Provided, That the entire amount is rates and in compliance with United Nations designated by the Congress as an emergency re- designated by the Congress as an emergency re- conditions for per diem for that organization; quirement pursuant to section 251(b)(2)(A) of quirement pursuant to section 251(b)(2)(A) of and the Balanced Budget and Emergency Deficit the Balanced Budget and Emergency Deficit (4) expenses for operation and maintenance of Control Act of 1985, as amended. Control Act of 1985, as amended. inspection and monitoring equipment. OTHER PROCUREMENT, NAVY GENERAL PROVISIONS, THIS CHAPTER SEC. 306. During the current fiscal year, the For an additional amount for ‘‘Other Procure- SEC. 301. (a) The appropriation under the restrictions contained in subsection (d) of 22 ment, Navy’’, $2,500,000: Provided, That the en- heading ‘‘Research, Development, Test and U.S.C. 5952 and section 502 of the Freedom Sup- tire amount is designated by the Congress as an Evaluation, Navy’’ in the Department of De- port Act (Public Law 102–511) shall not apply if emergency requirement pursuant to section fense Appropriations Act, 2002 (Public Law 107– the President certifies in writing to the Speaker 251(b)(2)(A) of the Balanced Budget and Emer- 117) is amended by adding the following proviso of the House of Representatives and the Presi- gency Deficit Control Act of 1985, as amended. immediately after ‘‘September 30, 2003’’: ‘‘: Pro- dent pro tempore of the Senate that waiving PROCUREMENT, MARINE CORPS vided, That funds appropriated in this para- such restrictions is important to the national se- For an additional amount for ‘‘Procurement, graph which are available for the V–22 may be curity interests of the United States. Marine Corps’’, $3,500,000: Provided, That the used to meet unique requirements of the Special SEC. 307. The Secretary of the Army shall obli- entire amount is designated by the Congress as Operations Forces’’. gate and expend the $2,000,000 appropriated for an emergency requirement pursuant to section (b) The amendment made by subsection (a) the Army by Public Law 107–117 for procure- 251(b)(2)(A) of the Balanced Budget and Emer- shall be effective as if enacted as part of the De- ment of smokeless nitrocellulose under Activity gency Deficit Control Act of 1985, as amended. partment of Defense Appropriations Act, 2002. 1, instead under Activity 2, Production Base SEC. 302. (a) AVAILABILITY OF AMOUNTS FOR Support Industrial Facilities, for the purpose of AIRCRAFT PROCUREMENT, AIR FORCE MILITARY CONSTRUCTION RELATING TO TER- preserving a commercially owned and operated For an additional amount for ‘‘Aircraft Pro- RORISM.—Amounts made available to the De- capability of producing defense grade nitrocellu- curement, Air Force’’, $93,000,000: Provided, partment of Defense from funds appropriated in lose at the rate of at least 10,000,000 pounds per That the entire amount is designated by the this Act may be used to carry out military con- year in order to preserve a commercial manufac- Congress as an emergency requirement pursuant struction projects, not otherwise authorized by turing capability for munitions precursor sup- to section 251(b)(2)(A) of the Balanced Budget law, that the Secretary of Defense determines plies for the High Zone Modular Artillery and Emergency Deficit Control Act of 1985, as are necessary to respond to or protect against Charge System and to preserve competition in amended. acts or threatened acts of terrorism. that manufacturing capability. S5300 CONGRESSIONAL RECORD — SENATE June 10, 2002

SEC. 308. Not later than 15 days after the date emergency preparedness, $3,000,000, to remain Stat. 1523) that are not used in the reserve funds of the enactment of this Act, the Secretary of available until September 30, 2003, of which established herein shall be used for Pay-As-You- Defense shall obligate, from funds made avail- $250,000 shall be for securing fire hydrants and Go Capital Funds upon certification by the able in title II of division A of Public Law 107– manholes to prevent unauthorized entry, Chief Financial Officer of the District of Colum- 117 under the heading ‘‘Operation and Mainte- $150,000 is to upgrade the hydraulic model, bia that the funds are available and are not re- nance, Defense-Wide’’ (115 Stat. 2233), $4,000,000 $1,800,000 is for remote monitoring of water quired to address potential deficits: Provided for a grant to support the conversion of the quality, $700,000 is for design and construction further, That of those funds necessary to ad- Naval Security Group, Winter Harbor (the naval of ventilation system improvements, and $100,000 dress potential deficits, no funds shall be obli- base on Schoodic Peninsula), Maine, to utiliza- is to create an Incident Response Plan: Pro- gated or expended except in accordance with the tion as a research and education center for Aca- vided, That the Water and Sewer Authority of following conditions: dia National Park, Maine, including the prepa- the District of Columbia may reprogram up to ‘‘(1) the amounts shall be obligated or ex- ration of a plan for the reutilization of the $120,000 between the activities specified under pended in accordance with laws enacted by the naval base for such purpose that will benefit this heading if it notifies in writing the Commit- Council in support of each such obligation or communities in the vicinity of the naval base tees on Appropriations of the House of Rep- expenditure; and visitors to Acadia National Park and will resentatives and the Senate thirty days in ad- ‘‘(2) the amounts may not be used to fund the stimulate important research and educational vance of the reprogramming: Provided further, agencies of the District of Columbia government activities. That the entire amount is designated by the under court-ordered receivership; ‘‘(3) the amounts may be obligated or ex- SEC. 309. Of the amount available for fiscal Congress as an emergency requirement pursuant pended only if the Mayor notifies the Commit- year 2002 for the Army National Guard for oper- to section 251(b)(2)(A) of the Balanced Budget tees on Appropriations of the House of Rep- ation and maintenance, $2,200,000 shall be made and Emergency Deficit Control Act of 1985, as resentatives and Senate in writing 30 days in available for the Army National Guard for in- amended. advance of any obligation or expenditure; and formation operations, information assurance op- DISTRICT OF COLUMBIA FUNDS ‘‘(4) amounts made available to address poten- erations, and training for such operations. OPERATING EXPENSES tial deficits shall remain available until ex- CHAPTER 4 PUBLIC EDUCATION SYSTEM pended:’’. DISTRICT OF COLUMBIA (RESCISSION) CERTIFICATES OF PARTICIPATION FEDERAL FUNDS Notwithstanding any other provision of law, For principal and interest payments on the FEDERAL PAYMENT TO THE CHILDREN’S of the local funds appropriated under this head- District’s Certificates of Participation, issued to NATIONAL MEDICAL CENTER ing for public charter schools for the fiscal year finance the facility underlying the building lo- For a Federal payment to the Children’s Na- ending September 30, 2002 in the District of Co- cated at One Judiciary Square, $7,950,000 from tional Medical Center in the District of Colum- lumbia Appropriations Act, 2002, approved De- local funds. bia for implementing the District Emergency Op- cember 21, 2001 (Public Law 107–96), $37,000,000 GENERAL PROVISIONS, THIS CHAPTER erations Plan, $13,770,000, to remain available are rescinded. SEC. 401. The District of Columbia may use up until September 30, 2003, of which $11,700,000 is HUMAN SUPPORT SERVICES to 1 percent of the funds appropriated to the for the expansion of quarantine facilities, and District of Columbia under the Emergency Sup- For an additional amount for ‘‘Human Sup- $2,070,000 is for the establishment of a decon- plemental Act, 2002, to fund the necessary ad- port Services’’, $37,000,000 from local funds: Pro- tamination facility for children and families: ministrative costs to carry out that Act, effective vided, That $11,000,000 shall be for the Child Provided, That the entire amount is designated January 10, 2002. and Family Services Agency to address in- by the Congress as an emergency requirement SEC. 402. When the Mayor determines that it creased adoption case rates, higher case loads pursuant to section 251(b)(2)(A) of the Balanced is in the best interest of the District, the Mayor for adoption and emergency group home utiliza- Budget and Emergency Deficit Control Act of may procure insurance for property damage and tion: Provided further, That $26,000,000 shall be 1985, as amended. tort liability. In addition, when the Chief Fi- for the Department of Mental Health to address nancial Officer determines that it is in the best FEDERAL PAYMENT TO THE DISTRICT OF a Medicaid revenue shortfall. COLUMBIA interest of the District, the Chief Financial Offi- PUBLIC SAFETY AND JUSTICE cer may procure insurance subject to his inde- For a Federal payment to the District of Co- pendent procurement authority or otherwise rec- lumbia to implement the District Emergency Op- (RESCISSION) ommend the procurement of insurance for finan- erations Plan, $24,730,000, to remain available Notwithstanding any other provision of law, cial losses resulting from misfeasance or malfea- until December 1, 2003, of which $14,730,000 is of the local funds appropriated under this head- sance. for public safety expenses related to national ing to the Department of Corrections for support SEC. 403. CRIME VICTIMS COMPENSATION special security events in the District of Colum- of the Corrections Information Council in the FUND. Section 16(d)(2) of the Victims of Violent bia and $10,000,000 is for the construction of District of Columbia Appropriations Act, 2002 (Public Law 107–96), $100,000 are rescinded. Crime Compensation Act of 1996 (D.C. Official Containment Facilities to support the regional Code 4–515(d)(1)), as amended by the Fiscal CORRECTIONS INFORMATION COUNCIL Bioterrorism Hospital Preparedness Program: Year 2002 District of Columbia Appropriations Provided, That the entire amount is designated For operations of the Corrections Information Act, Public Law 107–96, is amended to read as by the Congress as an emergency requirement Council, $100,000 from local funds. follows: pursuant to section 251(b)(2)(A) of the Balanced GOVERNMENTAL DIRECTION AND SUPPORT ‘‘(2) 50 percent of such balance shall be trans- Budget and Emergency Deficit Control Act of ferred from the Fund to the executive branch of 1985, as amended. The Governmental Direction and Support paragraph of the District of Columbia Appro- the District government and shall be used with- FEDERAL PAYMENT TO THE WASHINGTON priations Act, 2002 (Public Law 107–96), is out fiscal year limitation for outreach activities METROPOLITAN AREA TRANSIT AUTHORITY amended by striking: ‘‘Provided further, That designed to increase the number of crime victims For a Federal payment to the Washington not less than $353,000 shall be available to the who apply for such direct compensation pay- Metropolitan Area Transit Authority, Office of the Corporation Counsel to support in- ments.’’. $25,000,000, to remain available until December creases in the Attorney Retention Allowance:’’ SEC. 404. WASHINGTON METROPOLITAN AREA 1, 2003, to contribute to the creation of a re- and inserting: ‘‘Provided further, That not less TRANSIT AUTHORITY REPROGRAMMING. The gional transportation back-up operations con- than $353,000 shall be available to the Office of Chief Financial Officer of the Washington Met- trol center: Provided, That the entire amount is the Corporation Counsel to support attorney ropolitan Area Transit Authority may use up to designated by the Congress as an emergency re- compensation consistent with performance $2,400,000 from funds appropriated under Public quirement pursuant to section 251(b)(2)(A) of measures contained in a negotiated collective Law 107–117 under the account, ‘‘Federal Pay- the Balanced Budget and Emergency Deficit bargaining agreement:’’. ment to the Washington Metropolitan Area Control Act of 1985, as amended. Transit Authority’’, that contains funds for pro- REPAYMENT OF LOANS AND INTEREST FEDERAL PAYMENT TO THE METROPOLITAN tective clothing and breathing apparatus activi- (RESCISSION) WASHINGTON COUNCIL OF GOVERNMENTS ties, for employee and facility security and com- Of the funds appropriated under this heading pletion of the fiber optic network project. For a Federal payment to the Metropolitan for the fiscal year ending September 30, 2002 in SEC. 405. TRANSFER AUTHORITY FOR THE DIS- Washington Council of Governments, $1,750,000, the District of Columbia Appropriations Act, TRICT OF COLUMBIA COURTS. The District of Co- to remain available until September 30, 2003, for 2002, approved December 21, 2001 (Public Law lumbia Courts may expend up to $12,500,000 to support of the Regional Incident Communica- 107–96), $7,950,000 are rescinded. carry out the District of Columbia Family Court tion and Coordination System, as approved by The paragraph under this heading is amended Act of 2001 from the ‘‘Federal Payment to the the Council: Provided, That the entire amount by striking: ‘‘Provided, That any funds set aside District of Columbia Courts’’ account: Provided, is designated by the Congress as an emergency pursuant to section 148 of the District of Colum- That such funds may be transferred to the requirement pursuant to section 251(b)(2)(A) of bia Appropriations Act, 2000 (Public Law 106– ‘‘Federal Payment to the District of Columbia the Balanced Budget and Emergency Deficit 113; 113 Stat. 1523) that are not used in the re- Courts’’ account from the ‘‘Federal Payment for Control Act of 1985, as amended. serve funds established herein shall be used for Family Court Act’’ account in reimbursement FEDERAL PAYMENT TO THE WATER AND SEWER Pay-As-You-Go Capital Funds:’’ and inserting: for such obligations and expenditures as are AUTHORITY OF THE DISTRICT OF COLUMBIA ‘‘Provided, That any funds set aside pursuant necessary to implement the District of Columbia For a Federal payment to the Water and to section 148 of the District of Columbia Appro- Family Court Act of 2001 for the period from Oc- Sewer Authority of the District of Columbia for priations Act, 2000 (Public Law 106–113; 113 tober 1, 2001 to September 30, 2002, once funds in June 10, 2002 CONGRESSIONAL RECORD — SENATE S5301 the ‘‘Federal Payment for Family Court Act’’ CHAPTER 5 by the Congress as an emergency requirement account become available. DEPARTMENT OF DEFENSE—CIVIL pursuant to section 251(b)(2)(A) of the Balanced SEC. 406. TECHNICAL CORRECTION TO THE DIS- Budget and Emergency Deficit Control Act of DEPARTMENT OF THE ARMY TRICT OF COLUMBIA FAMILY COURT ACT OF 2001. 1985, as amended. CORPS OF ENGINEERS—CIVIL Section 11–908A(b)(4) of the District of Columbia OTHER DEFENSE ACTIVITIES Code (as added by Public Law 107–114) is OPERATION AND MAINTENANCE, GENERAL For an additional amount for ‘‘Other Defense amended by striking ‘‘section 11–1501(b)’’ and For an additional amount for ‘‘OPERATION Activities’’ for emergency expenses necessary to inserting ‘‘section 433 of the District of Colum- AND MAINTENANCE, GENERAL’’, $32,000,000, to re- support energy security and assurance activi- bia Home Rule Act’’. main available until expended: Provided, That ties, $7,000,000: Provided, That the entire SEC. 407. TECHNICAL CORRECTION TO THE FIS- using the funds appropriated herein, the Sec- amount is designated by the Congress as an CAL YEAR 2002 DISTRICT OF COLUMBIA APPRO- retary of the Army, acting through the Chief of emergency requirement pursuant to section PRIATIONS ACT. (a) Under the heading, ‘‘Federal Engineers, is directed to repair, restore, and 251(b)(2)(A) of the Balanced Budget and Emer- Payment to the Thurgood Marshall Academy clean-up Corps’ projects and facilities and gency Deficit Control Act of 1985, as amended. Charter School’’ provided under Public Law dredge navigation channels, restore and clean GENERAL PROVISIONS, THIS CHAPTER 107–96, strike ‘‘Anacostia’’ and insert ‘‘South- out area streams, provide emergency streambank (RESCISSION) east, Washington, D.C.’’. protection, restore other crucial public infra- SEC. 501. (a) Of the non-defense funds made (b) Under the heading, ‘‘Federal Payment to structure (including sewer and water facilities), available to the Secretary of Energy under the Southeastern University’’ provided under Public document flood impacts and undertake other headings ‘‘Energy Supply’’, ‘‘Non-Defense Envi- Law 107–96, strike everything after ‘‘a public/ flood recovery efforts deemed necessary and ad- ronmental Management’’, ‘‘Science’’, ‘‘Nuclear private partnership’’ and insert in lieu thereof, visable by the Chief of Engineers: Provided fur- Waste Disposal’’, and ‘‘Departmental Adminis- ‘‘to plan a two year associate degree program.’’. ther, That $10,000,000 of the funds provided tration’’ in Public Law 107–66, $30,000,000 are SEC. 408. TECHNICAL CORRECTION TO THE FIS- shall be for Southern West Virginia, Eastern rescinded. CAL YEAR 2002 DISTRICT OF COLUMBIA APPRO- Kentucky, and Southwestern Virginia: Provided PRIATIONS ACT. Section 119 of Public Law 107–96 (b) Within 30 days after the date of the enact- further, That the remaining $22,000,000 is des- ment of this Act, the Director of the Office of is amended to read as follows: ignated by the Congress as an emergency re- ‘‘SEC. 119. ACCEPTANCE AND USE OF GRANTS Management and Budget shall submit to the quirement pursuant to section 251(b)(2)(A) of Committees on Appropriations of the House of NOT INCLUDED IN CEILING. (a) IN GENERAL.— the Balanced Budget and Emergency Deficit Notwithstanding any other provision of this Representatives and the Senate a listing of the Control Act of 1985, as amended: Provided fur- amounts by account of the reductions made pur- Act, the Mayor, in consultation with the Chief ther, That these additional funds shall be avail- Financial Officer, may accept, obligate, and ex- suant to the provisions of subsection (a) of this able for Western Illinois, Eastern Missouri, and section. pend Federal, private, and other grants received the Upper Peninsula of Michigan. by the District government that are not reflected SEC. 502. The amounts invested by the non- For emergency expenses to respond to the Sep- Federal interests in the biomass project at Wi- in the amounts appropriated in this Act. tember 11, 2001, terrorist attacks on the United ‘‘(b) REQUIREMENT OF CHIEF FINANCIAL OFFI- nona, Mississippi, before the date of enactment States, for ‘‘Flood Control, Mississippi River CER REPORT AND COUNCIL APPROVAL.—No such of this Act shall constitute full satisfaction of and Tributaries, Arkansas, Illinois, Kentucky, Federal, private, or other grant may be accept- the cost-sharing requirement under section 3002 Louisiana, Mississippi, Missouri, and Ten- ed, obligated, or expended pursuant to sub- of the Energy Policy Act of 1992 (42 U.S.C. nessee’’, $6,500,000, to remain available until ex- section (a) until— 13542). pended, to be obligated from amounts made ‘‘(1) the Chief Financial Officer of the District SEC. 503. Section 1 of Public Law 105–204 (112 available in Public Law 107–117, Corps of Engi- of Columbia submits to the Council a report set- Stat. 681) is amended— neers—Civil, Operations and Maintenance, Gen- ting forth detailed information regarding such (1) in subsection (b), by striking ‘‘until the eral: Provided, That $6,500,000 is designated by grant; and date’’ and all that follows and inserting ‘‘until ‘‘(2) the Council has reviewed and approved the Congress as an emergency requirement pur- the date that is 30 days after the date on which the acceptance, obligation, and expenditure of suant to section 251(b)(2)(A) of the Balanced the Secretary of Energy awards a contract such grant. Within 14 calendar days of receipt Budget and Emergency Deficit Control Act of under subsection (c), and no such amounts shall of the report submitted under paragraph (1) the 1985, as amended. be available for any purpose except to imple- Council shall be deemed to have provided such DEPARTMENT OF ENERGY ment the contract.’’; and (2) by striking subsection (c) and inserting the approval if no written notice of disapproval is ATOMIC ENERGY DEFENSE ACTIVITIES filed with the Secretary to the Council within 14 following: NATIONAL NUCLEAR SECURITY ADMINISTRATION ‘‘(c) CONTRACTING REQUIREMENTS.— calendar days of the receipt of the report from WEAPONS ACTIVITIES ‘‘(1) IN GENERAL.—Notwithstanding any other the Chief Financial Officer, and no oral notice provision of law (except section 1341 of title 31, of disapproval is given during a meeting of the For an additional amount for ‘‘Weapons Ac- tivities’’ for emergency expenses resulting from United States Code), the Secretary of Energy Council during such 14 calendar day period. If shall— notice of disapproval is given during such initial the September 11, 2001, terrorist attacks, $181,650,000: Provided, That the entire amount is ‘‘(A) not later than 10 days after the date of 14 calendar day period, the Council may ap- enactment of this paragraph, request offerors prove or disapprove the acceptance, obligation designated by the Congress as an emergency re- quirement pursuant to section 251(b)(2)(A) of whose proposals in response to Request for Pro- or expenditure of the grant by resolution within posals No. DE–RP05–010R22717 (‘Acquisition of 30 calendar days of the initial receipt of the re- the Balanced Budget and Emergency Deficit Control Act of 1985, as amended. Facilities and Services for Depleted Uranium port from the Chief Financial Officer, or such Hexalfluoride (DUF6) Conversion Project’) were DEFENSE NUCLEAR NONPROLIFERATION certification shall be deemed to be approved. included in the competitive range as of January For an additional amount for ‘‘Defense Nu- ‘‘(c) PROHIBITION ON SPENDING IN ANTICIPA- 15, 2002, to confirm or reinstate the offers in ac- clear Nonproliferation’’ for emergency activities TION OF APPROVAL OR RECEIPT.—No amount cordance with this paragraph, with a deadline necessary to support the safeguarding of nu- may be obligated or expended from the general for offerors to deliver reinstatement or confirma- clear material internationally, $100,000,000: Pro- fund or other funds of the District government tion to the Secretary of Energy not later than 20 vided, That the entire amount is designated by in anticipation of the approval or receipt of a days after the date of enactment of this para- the Congress as an emergency requirement pur- grant under subsection (a) or in anticipation of graph; and the approval or receipt of a Federal, private, or suant to section 251(b)(2)(A) of the Balanced ‘‘(B) not later than 30 days after the date of other grant not subject to these provisions. Budget and Emergency Deficit Control Act of enactment of this paragraph, select for award of ‘‘(d) QUARTERLY REPORTS.—The Chief Finan- 1985, as amended. a contract the best value of proposals confirmed cial Officer of the District of Columbia shall pre- OFFICE OF THE ADMINISTRATOR or reinstated under subparagraph (A), and pare a quarterly report setting forth detailed in- For an additional amount for ‘‘Office of the award a contract for the scope of work stated in formation regarding all Federal, private, and Administrator’’ for emergency expenses resulting the Request for Proposals, including the design, other grants subject to these provisions. Each from the September 11, 2001, terrorist attacks, construction, and operation of— such report shall be submitted to the Council of $1,750,000: Provided, That the entire amount is ‘‘(i) a facility described in subsection (a) on the District of Columbia, and to the Committees designated by the Congress as an emergency re- the site of the gaseous diffusion plant at Padu- on Appropriations of the House of Representa- quirement pursuant to section 251(b)(2)(A) of cah, Kentucky; and tives and the Senate, not later than 15 days the Balanced Budget and Emergency Deficit ‘‘(ii) a facility described in subsection (a) on after the end of the quarter covered by the re- Control Act of 1985, as amended. the site of the gaseous diffusion plant at Ports- port.’’. ENVIRONMENTAL AND OTHER DEFENSE mouth, Ohio. SEC. 409. The authority which the Chief Fi- ACTIVITIES ‘‘(2) CONTRACT TERMS.—Notwithstanding any nancial Officer of the District of Columbia exer- other provision of law (except section 1341 of cised with respect to personnel, procurement, DEFENSE ENVIRONMENTAL RESTORATION AND title 31, United States Code) the Secretary of En- and the preparation of fiscal impact statements WASTE MANAGEMENT ergy shall negotiate with the awardee to modify during a control period (as defined in Public For an additional amount for ‘‘Defense Envi- the contract awarded under paragraph (1) to— Law 104–8) shall remain in effect through July ronmental Restoration and Waste Management’’ ‘‘(A) require, as a mandatory item, that 1, 2003 or until such time as the District of Co- for emergency expenses resulting from the Sep- groundbreaking for construction occur not later lumbia Fiscal Integrity Act becomes effective, tember 11, 2001, terrorist attacks, $40,000,000: than July 31, 2004, and that construction pro- whichever occurs sooner. Provided, That the entire amount is designated ceed expeditiously thereafter; S5302 CONGRESSIONAL RECORD — SENATE June 10, 2002

‘‘(B) include as an item of performance the INTERNATIONAL DISASTER ASSISTANCE ter 8 of part II of the Foreign Assistance Act of transportation, conversion, and disposition of For an additional amount for ‘‘International 1961: Provided further, That the entire amount depleted uranium contained in cylinders located Disaster Assistance’’, $150,000,000, to remain is designated by the Congress as an emergency at the Oak Ridge K–25 uranium enrichment fa- available until March 31, 2003: Provided, That requirement pursuant to section 251(b)(2)(A) of cility located in the East Tennessee Technology funds appropriated by this paragraph shall be the Balanced Budget and Emergency Deficit Park at Oak Ridge, Tennessee, consistent with made available for emergency expenses for Af- Control Act of 1985, as amended: Provided fur- environmental agreements between the State of ghanistan for humanitarian and reconstruction ther, That funds appropriated under this head- Tennessee and the Secretary of Energy; and activities related to preventing or responding to ing, and funds appropriated under this heading ‘‘(C) specify that the contractor shall not pro- international terrorism, including repairing in prior Acts that are made available for the ceed to perform any part of the contract unless homes of Afghan citizens that were damaged as purposes of this paragraph, may be made avail- sufficient funds have been appropriated, in ad- a result of military operations against al Qaeda able notwithstanding section 512 of Public Law vance, specifically to pay for that part of the and the Taliban: Provided further, That of the 107–115 or any similar provision of law: Pro- contract. funds appropriated by this paragraph that are vided further, That funds appropriated by this ‘‘(3) CERTIFICATION OF GROUNDBREAKING.— available for Afghanistan, up to $2,500,000 may paragraph shall be subject to the regular notifi- Not later than 5 days after the date of be made available, in addition to amounts other- cation procedures of the Committees on Appro- groundbreaking for each facility, the Secretary wise available for such purposes, for administra- priations. of Energy shall submit to Congress a certifi- tive expenses of the United States Agency for ASSISTANCE FOR THE INDEPENDENT STATES OF cation that groundbreaking has occurred. International Development in support of the THE FORMER SOVIET UNION ‘‘(d) FUNDING.— provision of such assistance: Provided further, For an additional amount for ‘‘Assistance for ‘‘(1) IN GENERAL.—For purposes of carrying That of the funds appropriated by this para- the Independent States of the Former Soviet out this section, the Secretary of Energy may graph, $50,000,000 shall be made available for Union’’ for emergency expenses for activities re- use any available appropriations (including humanitarian, refugee and reconstruction as- lated to preventing or responding to inter- transferred unobligated balances). sistance for the West Bank and Gaza: Provided national terrorism, $110,000,000, to remain avail- ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.— further, That none of the funds provided in the able until March 31, 2003: Provided, That funds There are authorized to be appropriated, in ad- preceding proviso shall be available for assist- appropriated by this paragraph shall be made dition to any funds made available under para- ance for the Palestinian Authority: Provided available for assistance only for Uzbekistan, the graph (1), such sums as are necessary to carry further, That the entire amount is designated by Kyrgyz Republic, Tajikistan, Kazakstan, and out this section.’’. the Congress as an emergency requirement pur- Turkmenistan: Provided further, That of the SEC. 504. In addition to amounts previously suant to section 251(b)(2)(A) of the Balanced funds appropriated by this paragraph, not less appropriated, $3,000,000 is hereby appropriated Budget and Emergency Deficit Control Act of than $7,000,000 shall be made available for the for the Department of the Interior, Bureau of 1985, as amended: Provided further, That funds development of democratic institutions and the Reclamation, for ‘‘Water and Related Re- appropriated by this paragraph shall be subject protection of human rights, which amount shall sources’’ for the drilling of emergency wells in to the regular notification procedures of the be administered by the Bureau of Democracy, Santa Fe, New Mexico and shall remain avail- Committees on Appropriations. Human Rights and Labor, Department of State: able until expended. OPERATING EXPENSES OF THE UNITED STATES Provided further, That the entire amount is des- AGENCY FOR INTERNATIONAL DEVELOPMENT CHAPTER 6 ignated by the Congress as an emergency re- For an additional amount for ‘‘Operating Ex- BILATERAL ECONOMIC ASSISTANCE quirement pursuant to section 251(b)(2)(A) of penses of the United States Agency for Inter- the Balanced Budget and Emergency Deficit FUNDS APPROPRIATED TO THE PRESIDENT national Development’’ for emergency expenses Control Act of 1985, as amended: Provided fur- UNITED STATES AGENCY FOR INTERNATIONAL for activities related to preventing or responding ther, That funds appropriated by this para- DEVELOPMENT to international terrorism, $5,000,000, to remain graph shall be subject to the regular notification available until March 31, 2003: Provided, That CHILD SURVIVAL AND HEALTH PROGRAMS FUND procedures of the Committees on Appropriations. For an additional amount for the ‘‘Child Sur- the entire amount is designated by the Congress DEPARTMENT OF STATE vival and Health Programs Fund’’, $200,000,000, as an emergency requirement pursuant to sec- to remain available until expended: Provided, tion 251(b)(2)(A) of the Balanced Budget and INTERNATIONAL NARCOTICS CONTROL AND LAW That such funds shall be made available only Emergency Deficit Control Act of 1985, as ENFORCEMENT amended. for programs for the prevention, treatment, and For an additional amount for ‘‘International control of, and research on, HIV/AIDS: Pro- OTHER BILATERAL ECONOMIC ASSISTANCE Narcotics Control and Law Enforcement’’ for vided further, That special emphasis shall be ECONOMIC SUPPORT FUND emergency expenses for activities related to pre- given to assistance directed at the prevention of For an additional amount for ‘‘Economic Sup- venting or responding to international terrorism, transmission of HIV/AIDS from mother to child, port Fund’’ for emergency expenses for activities $104,000,000, to remain available until March 31, including medications to prevent such trans- related to preventing or responding to inter- 2003: Provided, That of the funds appropriated mission: Provided further, That of the funds ap- national terrorism, $700,000,000, to remain avail- by this paragraph, not less than $2,500,000 shall propriated by this paragraph, the President, in able until March 31, 2003: Provided, That of the be made available for the Colombian National consultation with the Secretary of State, may funds appropriated by this paragraph, not less Park Service for training, equipment and related make such contribution as the President con- than $3,500,000 shall be made available to sup- assistance for park rangers: Provided further, siders appropriate to the Global Fund to Fight port programs and activities that provide profes- That of the funds appropriated by this para- AIDS, Tuberculosis, and Malaria to be used for sional training for journalists from Egypt and graph, not to exceed $4,000,000 shall be made any of the purposes of the Global Fund: Pro- other countries in the Middle East: Provided available for law enforcement training for Indo- vided further, That funds appropriated by this further, That of the funds appropriated by this nesian police forces: Provided further, That paragraph, other than those made available as paragraph that are made available for assist- funds appropriated by this paragraph shall be a contribution to the Global Fund, shall not ex- ance for Pakistan, not less than $3,500,000 shall subject to the regular notification procedures of ceed the total resources provided, including on be made available for programs and activities the Committees on Appropriations: Provided an in-kind basis, from other donors: Provided which support the development of independent further, That the entire amount is designated by further, That not more than seven percent of media in Pakistan: Provided further, That of the Congress as an emergency requirement pur- the amount of the funds appropriated by this the funds appropriated by this paragraph, suant to section 251(b)(2)(A) of the Balanced paragraph, in addition to funds otherwise avail- $50,000,000 should be made available for the Budget and Emergency Deficit Control Act of able for such purpose, may be made available Middle East Economic Initiative: Provided fur- 1985, as amended. for the administrative costs of United States ther, That of the funds appropriated by this MIGRATION AND REFUGEE ASSISTANCE Government agencies in carrying out programs paragraph, not less than $15,000,000 shall be funded under this paragraph: Provided further, made available for the establishment and ad- For an additional amount for ‘‘Migration and That funds appropriated by this paragraph ministration of an international exchange vis- Refugee Assistance’’ for emergency expenses for shall be subject to the regular notification pro- itor program for secondary school students from activities related to preventing and responding cedures of the Committees on Appropriations: countries with significant Muslim populations: to international terrorism, $50,000,000, to remain Provided further, That the entire amount is des- Provided further, That funds made available available until March 31, 2003: Provided, That ignated by the Congress as an emergency re- pursuant to the previous proviso shall not be funds appropriated by this paragraph shall be quirement pursuant to section 251(b)(2)(A) of available for any country that is eligible for as- subject to the regular notification procedures of the Balanced Budget and Emergency Deficit sistance under the FREEDOM Support Act: the Committees on Appropriations. Control Act of 1985, as amended: Provided fur- Provided further, That of the funds appro- NONPROLIFERATION, ANTI-TERRORISM, DEMINING ther, That the entire amount shall be available priated by this paragraph, $200,000,000 shall be AND RELATED PROGRAMS only to the extent that an official budget request made available for assistance for Israel, all or a For an additional amount for ‘‘Nonprolifera- that includes designation of the entire amount portion of which may be transferred to, and tion, Anti-Terrorism, Demining and Related as an emergency requirement pursuant to sec- merged with, funds appropriated by this Act Programs’’ for emergency expenses for activities tion 251(b)(2)(A) of the Balanced Budget and under the heading ‘‘NONPROLIFERATION, ANTI- related to preventing or responding to inter- Emergency Deficit Control Act of 1985, as TERRORISM, DEMINING AND RELATED PROGRAMS’’ national terrorism, $93,000,000, to remain avail- amended, is transmitted by the President to for defensive, non-lethal anti-terrorism assist- able until March 31, 2003: Provided, That of the Congress. ance in accordance with the provisions of chap- funds appropriated by this paragraph, not less June 10, 2002 CONGRESSIONAL RECORD — SENATE S5303 than $10,000,000 shall be made available for hu- nership and Cooperation Framework Between Armed Forces and the Colombian National Po- manitarian demining activities: Provided fur- the Republic of Uzbekistan and the United lice, funds appropriated by this Act that are ther, That of the funds appropriated by this States of America’’: Provided further, That the made available for such assistance, and unex- paragraph, not to exceed $12,000,000 shall be entire amount is designated by the Congress as pired balances and assistance previously pro- made available for assistance for Indonesia: an emergency requirement pursuant to section vided from prior Acts making appropriations for Provided further, That funds appropriated by 251(b)(2)(A) of the Balanced Budget and Emer- foreign operations, export financing, and re- this paragraph that are made available for as- gency Deficit Control Act of 1985, as amended: lated programs for such assistance, shall be sistance for Indonesia may be used only to train Provided further, That funds appropriated by available to support the Colombian Govern- and equip an Indonesian police unit to prevent this paragraph that are made available for Af- ment’s unified campaign against narcotics traf- or respond to international terrorism, and none ghanistan may be made available notwith- ficking and against paramilitary and guerrilla of the funds appropriated by this chapter may standing section 512 of Public Law 107–115 or organizations designated as terrorist organiza- be used to provide assistance for members of any similar provision of law: Provided further, tions in that country. ‘‘Brimob’’ Mobile Police Brigade units: Provided That funds appropriated by this paragraph (b) In order to ensure the effectiveness of further, That of the funds appropriated by this shall be subject to the regular notification pro- United States support for such unified cam- paragraph, $2,000,000 shall be made available cedures of the Committees on Appropriations. paign, prior to the exercise of the authority con- for small arms and light weapons destruction in PEACEKEEPING OPERATIONS tained in subsection (a) to provide counter-ter- Afghanistan: Provided further, That of the For an additional amount for ‘‘Peacekeeping rorism assistance, the Secretary of State shall funds appropriated by this paragraph, Operations’’ for emergency expenses for activi- report to the appropriate congressional commit- $1,000,000 shall be made available for the Non- ties related to preventing or responding to inter- tees that— proliferation and Disarmament Fund: Provided national terrorism, $20,000,000, to remain avail- (1) the newly elected President of Colombia further, That the entire amount is designated by able until March 31, 2003: Provided, That the has— the Congress as an emergency requirement pur- entire amount is designated by the Congress as (A) committed, in writing, to establish com- suant to section 251(b)(2)(A) of the Balanced an emergency requirement pursuant to section prehensive policies to combat illicit drug cultiva- Budget and Emergency Deficit Control Act of 251(b)(2)(A) of the Balanced Budget and Emer- tion, manufacturing, and trafficking (particu- 1985, as amended: Provided further, That funds gency Deficit Control Act of 1985, as amended: larly with respect to providing economic oppor- appropriated by this paragraph shall be subject Provided further, That funds appropriated by tunities that offer viable alternatives to illicit to the regular notification procedures of the this paragraph shall be available only for Af- crops) and to restore government authority and Committees on Appropriations. ghanistan, and may be made available notwith- respect for human rights in areas under the ef- MILITARY ASSISTANCE standing section 512 of Public Law 107–115 or fective control of paramilitary and guerrilla or- FUNDS APPROPRIATED TO THE PRESIDENT any similar provision of law: Provided further, ganizations; FOREIGN MILITARY FINANCING PROGRAM That funds appropriated by this paragraph (B) committed, in writing, to implement sig- For an additional amount for ‘‘Foreign Mili- shall be subject to the regular notification pro- nificant budgetary and personnel reforms of the tary Financing Program’’ for emergency ex- cedures of the Committees on Appropriations. Colombian Armed Forces; and penses for activities related to preventing or re- MULTILATERAL ECONOMIC ASSISTANCE (C) committed, in writing, to support substan- tial additional Colombian financial and other sponding to international terrorism, FUNDS APPROPRIATED TO THE PRESIDENT $347,500,000, to remain available until March 31, resources to implement such policies and re- 2003: Provided, That funds appropriated by this INTERNATIONAL FINANCIAL INSTITUTIONS forms, particularly to meet the country’s pre- paragraph may be made available for assistance (RESCISSION) vious commitments under ‘‘Plan Colombia’’; and only for Afghanistan, Pakistan, Nepal, Jordan, The unobligated balances of funds provided in (2) no United States Armed Forces personnel Bahrain, Oman, Yemen, Uzbekistan, the Kyrgyz Public Law 92–301 and Public Law 93–142 for or United States civilian contractor employed by Republic, Tajikistan, Kazakhstan, Turkey, maintenance of value payments to international the United States will participate in any combat Georgia, the Philippines, Colombia, Djibouti, financial institutions are rescinded. operation in connection with assistance made Ethiopia, Kenya, and Ecuador: Provided fur- GENERAL PROVISIONS, THIS CHAPTER available under this Act or any other Act. (c) REPORT.—The authority provided in sub- ther, That funds appropriated by this para- SEC. 601. INTERNATIONAL ORGANIZATIONS AND section (a) shall cease to be effective if the Sec- graph should be made available to establish, PROGRAMS. Section 576 of Public Law 107–115 is retary of State has credible evidence that the train, and equip a Colombian Army brigade amended— Colombian Armed Forces are not conducting dedicated to providing security to civilian pros- (1) in subsection (a) by striking ‘‘not more vigorous operations to restore government au- ecutors in operations to collect evidence and than’’; and thority and respect for human rights in areas execute arrest warrants against leaders of para- (2) by adding the following new subsection: under the effective control of paramilitary and military organizations: Provided further, That ‘‘(d) OBLIGATION AND DISBURSEMENT.—Funds of the funds appropriated by this paragraph, made available pursuant to subsection (a) shall guerrilla organizations. not to exceed $3,500,000 may be made available be obligated and disbursed not later than July (d) PROVISIONS OF LAW THAT REMAIN APPLI- for assistance for the Colombian Armed Forces 10, 2002, unless otherwise prohibited by law.’’. CABLE.—Sections 556, 567, and 568 of Public Law 107–115, section 8093 of the Department of De- for purposes of protecting the Cano Limon pipe- SEC. 602. ELIGIBILITY CONDITIONS. (a) Prior to line: Provided further, That prior to the obliga- providing assistance to a government with funds fense Appropriations Act, 2002, and the numer- tion of funds under the previous proviso, the appropriated by this chapter, the Secretary of ical limitations on the number of United States Secretary of State shall determine and report to State shall take into account whether such gov- military personnel and United States individual the Committee on Appropriations that (i) of the ernment has established, or is making substan- civilian contractors in section 3204(b)(1) of Pub- Government of Colombia’s oil revenues from the tial progress in establishing— lic Law 106–246, as amended, shall be applicable Cano Limon pipeline, an appropriate percentage (1) the rule of law, political pluralism includ- to funds made available pursuant to the author- will be made available for primary health care, ing the establishment of political parties, respect ity contained in subsection (a) and to funds basic education, microenterprise, and other pro- for fundamental human rights including free- made available elsewhere in this Act that are grams and activities to improve the lives of the doms of expression, religion and association, made available for assistance for the Colombian people of Arauca department and that a trans- and the rights to due process, a fair trial, and Armed Forces and the Colombian National Po- parent mechanism exists to effectively monitor equal protection under the law; lice. such funds, and (ii) Occidental Petroleum and (2) democratic institutions, independent (RESCISSION) Repsol have each agreed in writing to refund to media, credible electoral processes, and condi- SEC. 604. (a) Of the funds appropriated under the United States Government an amount, based tions for the development of an active civil soci- the heading ‘‘Export-Import Bank of the United upon each company’s financial interest in the ety; States’’ that are available for tied-aid grants in pipeline, equal to the percentage that each such (3) a market-based economy, and economic title I of Public Law 107–115 and under such share represents of the amount of funds made policies to reduce poverty and increase the heading in prior Acts making appropriations for available by this Act to the Colombian Armed availability of health care and educational op- foreign operations, export financing, and re- Forces for purposes of protecting the Cano portunities; and lated programs, $50,000,000 are rescinded. Limon pipeline: Provided further, That the (4) effective mechanisms to combat corruption (b) Of the funds appropriated under the head- amounts refunded pursuant to an agreement en- and bribery, such as signing and implementing ing ‘‘Economic Support Fund’’ in title II of the tered into pursuant to the previous proviso shall the Convention on Combating Bribery of For- Foreign Operations, Export Financing, and Re- be made available for any of the programs and eign Public Officials in International Business lated Programs Appropriations Act, 2000 (as activities identified in clause (i) to improve the Transactions. contained in Public Law 106–113) and in prior lives of the Colombian people without further (b) Nothing in this section shall apply to Acts making appropriations for foreign oper- appropriation by Congress: Provided further, funds appropriated under this chapter for as- ations, export financing, and related programs, That funds made available by this Act for as- sistance for Afghanistan or under the heading $25,000,000 are rescinded. sistance for Uzbekistan may be made available if ‘‘International Disaster Assistance’’. SEC. 605. Of the amounts appropriated to the the Secretary of State determines and reports to SEC. 603. COLOMBIA. (a) COUNTER-TERRORISM President for the United States Agency for the Committees on Appropriations that AUTHORITY.—In fiscal year 2002, funds avail- International Development (USAID) for the fis- Uzbekistan is making substantial and con- able to the Department of State under the head- cal year 2002 and made available for the Ocean tinuing progress in meeting its commitments ing ‘‘Andean Counterdrug Initiative’’ in Public Freight Reimbursement Program of USAID, under the ‘‘Declaration on the Strategic Part- Law 107–115 for assistance for the Colombian $300,000 shall be made available to the National S5304 CONGRESSIONAL RECORD — SENATE June 10, 2002 Forum Foundation to implement the TRANS- to section 251(b)(2)(A) of the Balanced Budget $200,000,000 is available for obligation through FORM Program to obtain available space on and Emergency Deficit Control Act of 1985, as June 30, 2004 for carrying out sections 171(d) commercial ships for the shipment of humani- amended. and 173 of the Workforce Investment Act, except tarian assistance to needy foreign countries. RELATED AGENCY that not more than $20,000,000 may be used for SEC. 606. Not later than 45 days after the date DEPARTMENT OF AGRICULTURE carrying out section 171(d); of which $80,000,000 of the enactment of this Act, the President shall is available for obligation through June 30, 2003 FOREST SERVICE transmit to the Committee on Appropriations for carrying out section 132(a)(2)(B) of such Act; and the Committee on International Relations of CAPITAL IMPROVEMENT AND MAINTENANCE of which $10,000,000 is available for obligation the House of Representatives and the Committee For an additional amount for ‘‘Capital Im- through June 30, 2004, and shall be transferred on Appropriations and the Committee on For- provement and Maintenance’’, $3,500,000, to re- to ‘‘Economic Development Assistance Pro- eign Relations of the Senate a report setting main available until expended, for facility en- grams’’, Economic Development Administration, hancements to protect property from acts of ter- forth a strategy for meeting the immediate and Department of Commerce, for economic develop- rorism, vandalism, and theft: Provided, That the long-term security needs of Afghanistan in order ment assistance authorized by the Public Works Congress designates the entire amount as an to promote safe and effective delivery of human- and Economic Development Act of 1965, as emergency requirement pursuant to section itarian and other assistance throughout Af- amended, including $8,300,000 for ‘‘Public 251(b)(2)(A) of the Balanced Budget and Emer- ghanistan, further the rule of law and civil Works’’ investments and $1,700,000 for ‘‘Plan- gency Deficit Control Act of 1985, as amended. order, and support the formation of a func- ning’’ investments; and of which $110,000,000 is tioning, representative Afghan national govern- OTHER RELATED AGENCY available for obligation July 1, 2001 through ment. SMITHSONIAN INSTITUTION June 30, 2002 for carrying out section CHAPTER 7 CONSTRUCTION 132(a)(2)(B) of the Workforce Investment Act For an additional amount for ‘‘Construction’’, notwithstanding sections 132(b)(2)(B) and DEPARTMENT OF THE INTERIOR $2,000,000, to remain available until expended, 133(b)(2)(B) of such Act and shall be allotted UNITED STATES FISH AND WILDLIFE SERVICE for planning, design, and construction of an al- and allocated in a manner that restores to the RESOURCE MANAGEMENT cohol collections storage facility at the Museum affected States and local workforce investment For an additional amount for ‘‘Resource Man- Support Center: Provided, That the Congress areas the $110,000,000 that was subject to rescis- agement’’, $412,000, to remain available until ex- designates the entire amount as an emergency sion under Public Law 107–20: Provided, That pended, to reimburse homeland security-related requirement pursuant to section 251(b)(2)(A) of the entire amount is designated by the Congress costs: Provided, That the Congress designates the Balanced Budget and Emergency Deficit as an emergency requirement pursuant to sec- the entire amount as an emergency requirement Control Act of 1985, as amended. tion 251(b)(2)(A) of the Balanced Budget and pursuant to section 251(b)(2)(A) of the Balanced GENERAL PROVISIONS, THIS CHAPTER Emergency Deficit Control Act of 1985, as Budget and Emergency Deficit Control Act of SEC. 701. The Department of the Interior and amended: Provided further, That notwith- 1985, as amended. Related Agencies Appropriations Act, 2002 (Pub- standing any other provision of law, the Gov- CONSTRUCTION lic Law 107–63), under the head ‘‘Minerals Man- ernor of the State may include information on For an additional amount for ‘‘Construction’’, agement Service, Royalty and Offshore Minerals local area unexpended balances in determining $3,125,000, to remain available until expended, Management’’ is amended by striking the word allocation of the funding to local areas made for facility and safety improvements related to ‘‘and’’ immediately following the word available through June 30, 2003, under this homeland security: Provided, That the Congress ‘‘points,’’ in the sixth proviso, and by inserting head, for carrying out section 132(a)(2)(B) of the designates the entire amount as an emergency immediately after the word ‘‘program’’ in the Workforce Investment Act. requirement pursuant to section 251(b)(2)(A) of sixth proviso ‘‘, or under its authority to trans- OCCUPATIONAL SAFETY AND HEALTH the Balanced Budget and Emergency Deficit fer oil to the Strategic Petroleum Reserve’’, and ADMINISTRATION Control Act of 1985, as amended. by inserting at the end of the sixth proviso im- mediately preceding the colon, the following, SALARIES AND EXPENSES NATIONAL PARK SERVICE ‘‘and to recover MMS transportation costs, sala- Of the funds provided under this heading in CONSTRUCTION ries and other administrative costs directly re- Public Law 107–116 for Occupational Safety and For an additional amount for ‘‘Construction’’, lated to filling the Strategic Petroleum Reserve’’. Health Administration training grants, $17,651,000, to remain available until expended: SEC. 702. In entering into agreements with for- $1,000,000 shall be used to restore reductions in Provided, That the Congress designates the en- eign countries pursuant to the Wildfire Suppres- Institutional Competency Building training tire amount as an emergency requirement pursu- sion Assistance Act (42 U.S.C. 1856m) the Sec- grants which commenced in September 2000, for ant to section 251(b)(2)(A) of the Balanced retary of Agriculture and the Secretary of the program activities ending September 30, 2002 Budget and Emergency Deficit Control Act of Interior are authorized to enter into reciprocal and $4,275,000 shall be used to extend funding 1985, as amended. agreements in which the individuals furnished for these same Institutional Competency Build- UNITED STATES GEOLOGICAL SURVEY under said agreements to provide wildfire serv- ing training grants for program activities for the ices are considered, for purposes of tort liability, SURVEYS, INVESTIGATIONS, AND RESEARCH period of September 30, 2002 to September 30, employees of the country receiving said services 2003, and $5,900,000 shall be used to extend For an additional amount for ‘‘Surveys, In- when the individuals are fighting fires. The Sec- vestigations, and Research’’, $26,776,000, to re- funding for targeted training grants which com- retary of Agriculture or the Secretary of the In- menced in September 2001 for program activities main available until expended, of which terior shall not enter into any agreement under $20,000,000 is for high resolution mapping and for the period of September 30, 2002 to September this provision unless the foreign country (either 30, 2003, provided that a grantee has dem- imagery of the Nation’s strategic cities, and of directly or through its fire organization) agrees onstrated satisfactory performance. which $6,776,000 is for data storage infrastruc- to assume any and all liability for the acts or ture upgrades and emergency power supply sys- omissions of American firefighters engaged in DEPARTMENT OF HEALTH AND HUMAN tem improvements at the Earth Resources Obser- firefighting in a foreign country. When an SERVICES vation Systems Data Center: Provided, That the agreement is reached for furnishing fire fighting HEALTH RESOURCES AND SERVICES Congress designates the entire amount as an services, the only remedies for acts or omissions ADMINISTRATION emergency requirement pursuant to section committed while fighting fires shall be those 251(b)(2)(A) of the Balanced Budget and Emer- provided under the laws of the host country and HEALTH RESOURCES AND SERVICES gency Deficit Control Act of 1985, as amended. those remedies shall be the exclusive remedies The matter preceding the first proviso under BUREAU OF INDIAN AFFAIRS for any claim arising out of fighting fires in a this heading in Public Law 107–116 is OPERATION OF INDIAN PROGRAMS foreign country. Neither the firefighter, the amended— sending country nor any organization associ- (RESCISSION) (1) by inserting ‘‘IV,’’ after ‘‘titles II, III,’’; ated with the firefighter shall be subject to any and Of the funds provided under this heading in action whatsoever pertaining to or arising out of (2) by striking ‘‘$311,978,000’’ and inserting Public Law 107–20 for electric power operations fighting fires: Provided, That the Secretary of ‘‘$315,333,000’’. and related activities at the San Carlos Irriga- Agriculture shall draft and submit to Congress tion Project, $10,000,000 are rescinded. legislation implementing the agreement recently CENTERS FOR DISEASE CONTROL AND DEPARTMENTAL OFFICES reached between the interested parties, includ- PREVENTION DEPARTMENTAL MANAGEMENT ing the Department of Justice and the Depart- DISEASE CONTROL, RESEARCH, AND TRAINING ment of Agriculture, regarding management of SALARIES AND EXPENSES the Black Hills National Forest which shall in- For emergency expenses necessary to support For an additional amount for ‘‘Departmental clude actions for protection of resources and activities related to countering potential biologi- Management, Salaries and Expenses’’, for secu- communities from fire. cal, disease, and chemical threats to civilian rity enhancements, $7,030,000, to remain avail- populations and for carrying out title III of the CHAPTER 8 able until expended, of which not to exceed Public Health Service Act, $315,000,000, to be $4,130,000 may be transferred by the Secretary to DEPARTMENT OF LABOR available until expended. Of this amount, any office within the Department of the Interior EMPLOYMENT AND TRAINING ADMINISTRATION $37,000,000 shall be for improving security, in- other than the Bureau of Reclamation: Pro- TRAINING AND EMPLOYMENT SERVICES cluding information technology security, and vided, That the Congress designates the entire For an additional amount for ‘‘Training and $278,000,000 shall be for equipment and con- amount as an emergency requirement pursuant Employment Services’’, $400,000,000, of which struction and renovation of facilities in Atlanta: June 10, 2002 CONGRESSIONAL RECORD — SENATE S5305 Provided, That notwithstanding any other pro- fying $225,000 for the Fresno Unified School Dis- Education program shall be deemed to read as vision of law, a single contract or related con- trict shall be applied by substituting the fol- follows: ‘‘American Theater Arts for Youth, tracts for development and construction of fa- lowing for the two provisions: ‘‘Fresno Unified Inc., in Philadelphia, Pennsylvania, for an Arts cilities may be employed which collectively in- School District, Fresno, California, in partner- in Education program, $25,000’’; and clude the full scope of the project: Provided fur- ship with the City of Fresno, California, for ac- (14) the provision specifying $50,000 for the ther, That the solicitation and contract shall tivities to address the problems of at-risk youth, Lewiston-Auburn College/University of South- contain the clause ‘‘availability of funds’’ found including afterschool activities and a mobile ern Maine shall be deemed to read as follows: at 48 CFS 52.232–18: Provided further, That the science unit, $425,000’’; ‘‘Lewiston-Auburn College/University of South- entire amount is designated by the Congress as (2) the provision specifying $50,000 for the ern Maine CLASS program to prepare teachers an emergency requirement pursuant to section Lewiston-Auburn College/University of South- to meet the demands of Maine’s 21st century ele- 251(b)(2)(A) of the Balanced Budget and Emer- ern Maine shall be deemed to read as follows: mentary and middle schools, $50,000’’. gency Deficit Control Act of 1985, as amended. ‘‘Lewiston-Auburn College/University of South- STUDENT FINANCIAL ASSISTANCE ern Maine TEAMS program to prepare teachers NATIONAL INSTITUTES OF HEALTH For an additional amount for ‘‘Student Fi- to meet the demands of Maine’s 21st century ele- BUILDINGS AND FACILITIES nancial Assistance’’ for carrying out subpart 1 mentary and middle schools, $50,000’’; of part A of title IV of the Higher Education Act (INCLUDING RESCISSION) (3) the provision specifying $250,000 for the of 1965, as amended, $1,000,000,000, to remain Of the funds provided under this heading in Wellington Public School District, Wellington, available through September 30, 2003: Provided, Public Law 107–116, $30,000,000 are rescinded. KS, shall be deemed to read as follows: ‘‘Wel- That the entire amount is designated by the For emergency expenses necessary to support lington Public School District, Wellington, KS, activities related to countering potential biologi- Congress as an emergency requirement pursuant for after school activities, $250,000’’; to section 251(b)(2)(A) of the Balanced Budget cal, disease, and chemical threats to civilian (4) the provision specifying $200,000 for the and Emergency Deficit Control Act of 1985, as populations, and for the study of, construction Vermont Higher Education Council shall be amended. of, renovation of, and acquisition of equipment deemed to read as follows: ‘‘Vermont Higher for, facilities of or used by the National Insti- Education Consortium to develop universal HIGHER EDUCATION tutes of Health, including the acquisition of real early learning programs to ensure that at least In the statement of the managers of the com- property, $72,000,000 to remain available until one certified teacher will be available in center- mittee of conference accompanying H.R. 3061 expended: Provided, That notwithstanding any based child care programs, $200,000’’; (Public Law 107–116; House Report 107–342), in other provision of law, a single contract or re- (5) the provision specifying $250,000 for Edu- the matter relating to the Fund for the Improve- lated contracts for the development and con- cation Service District 117 in Wenatchee, WA, ment of Postsecondary Education under the struction of facilities may be employed which shall be deemed to read as follows: ‘‘Education heading ‘‘Higher Education’’— collectively include the full scope of the project: Service District 171 in Wenatchee, WA, to equip (1) the provision for Nicholls State University, Provided further, That the solicitation and con- a community technology center to expand tech- Thibodaux, LA, shall be applied by substituting tract shall contain the clause ‘‘availability of nology-based training, $250,000’’; ‘‘Intergenerational’’ for ‘‘International’’; funds’’ found at 48 CFS 52.232–18: Provided fur- (6) the provision specifying $1,000,000 for the (2) the provision specifying $1,000,000 for the ther, That the entire amount is designated by Electronic Data Systems Project shall be deemed George J. Mitchell Scholarship Research Insti- the Congress as an emergency requirement pur- to read as follows: ‘‘Washington State Depart- tute shall be deemed to read as follows: ‘‘George suant to section 251(b)(2)(A) of the Balanced ment of Education for an electronic data sys- J. Mitchell Scholarship Research Institute in Budget and Emergency Deficit Control Act of tems project to create a database that would im- Portland, Maine, for an endowment to provide 1985, as amended. prove the acquisition, analysis and sharing of scholarships that allow students attending pub- student information, $1,000,000’’; lic schools in Maine to continue their education, CENTERS FOR MEDICARE AND MEDICAID SERVICES (7) the provision specifying $250,000 for the $1,000,000’’; PROGRAM MANAGEMENT YMCA of Seattle-King-Snohomish County shall (3) the provision specifying $10,000,000 for the That of the funds made available under this be deemed to read as follows: ‘‘YWCA of Seattle- Shriver Peace Worker Program, Inc. shall be heading in Public Law 107–116, $1,000,000 shall King County-Snohomish County to support deemed to read as follows: ‘‘Shriver Peace Work- be awarded to the Johns Hopkins School of women and families through an at-risk youth er Program, Inc. to establish the Sargent Shriver Medicine for activities associated with an in- center and other family supports, $250,000’’; Peace Center, which may include establishing home study of self-administered high frequency (8) the provision specifying $50,000 for Drug an endowment for such center, for the purpose chest oscillation therapy for patients with Free Pennsylvania shall be deemed to read as of supporting graduate research fellowships, chronic obstructive pulmonary disease. follows: ‘‘Drug Free Pennsylvania to implement professorships, and grants and scholarships for OFFICE OF THE SECRETARY a demonstration project, $50,000’’; students related to peace studies and social (9) the provision specifying $20,000,000 for the PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY change, $10,000,000’’; and Commonwealth of Pennsylvania Department of FUND (4) the provision specifying $1,000,000 for Education shall be deemed to read as follows: For emergency expenses to respond to the Sep- Cleveland State University shall be deemed to ‘‘$20,000,000 is included for a grant to the Com- tember 11, 2001, terrorist attacks on the United read as follows: ‘‘Cleveland State University, monwealth of Pennsylvania Department of Edu- States for ‘‘Public Health and Social Services College of Education, Cleveland, Ohio, for a K– cation to provide assistance, through subgrants, Emergency Fund’’ for baseline and follow-up 16 Urban School Leadership initiative, to low-performing school districts that are slated screening, long-term health monitoring and $1,000,000’’. for potential takeover and/or on the Education analysis for the emergency services personnel EDUCATION RESEARCH, STATISTICS, AND Empowerment List as prescribed by Pennsyl- and rescue and recovery personnel, $90,000,000, ASSESSMENT vania State Law. The initiative is intended to to remain available until expended, of which no The matter under this heading in Public Law improve the management and operations of the less than $25,000,000 shall be available for cur- 107–116, is amended by inserting before the pe- school districts; assist with curriculum develop- rent and retired firefighters: Provided, That the riod the following new proviso: ‘‘: Provided fur- ment; provide after-school, summer and week- entire amount is designated by the Congress as ther, That $5,000,000 shall be available to extend end programs; offer teacher and principal pro- an emergency requirement pursuant to section for one additional year the contract for the Ei- fessional development and promote the acquisi- 251(b)(2)(A) of the Balanced Budget and Emer- senhower National Clearinghouse for Mathe- tion and effective use of instructional tech- gency Deficit Control Act of 1985, as amended. matics and Science Education authorized under nology and equipment’’; section 2102(a)(2) of the Elementary and Sec- DEPARTMENT OF EDUCATION (10) the provision specifying $150,000 for the ondary Education Act of 1965, prior to its SCHOOL IMPROVEMENT PROGRAMS American Theater Arts for Youth, Inc., Phila- amendment by the No Child Left Behind Act of The matter under this heading in Public Law delphia, PA, for a Mississippi Arts in Education 2001, Public Law 107–110’’. 107–116 is amended by inserting before the pe- Program shall be deemed to read as follows: riod, ‘‘: Provided further, That of the amount ‘‘American Theater Arts for Youth, Inc., for a GENERAL PROVISIONS, THIS CHAPTER made available under subpart 8, part D, title V Mississippi Arts in Education program, SEC. 801. The Elementary and Secondary Edu- of the ESEA, $2,300,000 shall be available for $150,000’’; cation Act of 1965 is hereby amended in section Digital Educational Programming Grants’’. (11) the provision specifying $340,000 for the 8003 by amending subsection (b)(2)(D)(ii)(III) to Of the funds provided under this heading in Zero to Five Foundation, Los Angeles, Cali- read as follows: ‘‘For a local educational agency Public Law 107–116 to carry out the Elementary fornia, shall be deemed to read as follows: ‘‘Zero that does not qualify under (B)(i)(II)(aa) of this and Secondary Education Act of 1965, to Five Foundation, Los Angeles, California, to subsection and has an enrollment of more than $832,889,000 shall be available to carry out part develop an early childhood education and par- 100 but not more than 1,000 children described in D of title V, and up to $11,500,000 may be used enting project, $340,000’’; subsection (a)(1), the Secretary shall calculate to carry out section 2345. (12) the provision specifying $900,000 for the the total number of weighted student units for In the statement of the managers of the com- University of Nebraska, Kearney, Nebraska, purposes of subsection (a)(2) by multiplying the mittee of conference accompanying H.R. 3061 shall be deemed to read as follows: ‘‘University number of such children by a factor of 1.25.’’. (Public Law 107–116; House Report 107–342), in of Nebraska, Kearney, Nebraska, for a Minority SEC. 802. The Elementary and Secondary Edu- the matter relating to the Fund for the Improve- Access to Higher Education Program to address cation Act of 1965 is hereby amended in section ment of Education under the heading ‘‘School the special needs of Hispanic and other minority 8003(b)(1) by adding the following as subpara- Improvement Programs’’— populations from grades K–12, $900,000’’; graph (G): (1) the provision specifying $200,000 for Fresno (13) the provision specifying $25,000 for the ‘‘(G) Beginning with fiscal year 2002, for the At-Risk Youth Services and the provision speci- American Theater Arts for Youth for an Arts in purpose of calculating a payment under this S5306 CONGRESSIONAL RECORD — SENATE June 10, 2002 paragraph for a local educational agency whose CHAPTER 9 mines that such a bonus will assist the Capitol local contribution rate was computed under sub- LEGISLATIVE BRANCH Police in retention efforts.’’; and paragraph (C)(iii) for the previous year, the Sec- (2) in paragraph (3), by striking ‘‘the reduc- JOINT ITEMS retary shall use a local contribution rate that is tion or the elimination of a retention allowance not less than 95 percent of the rate that the LEA CAPITOL POLICE BOARD may not be appealed’’ and inserting ‘‘any deter- received for the preceding year.’’. CAPITOL POLICE mination of the Board under this subsection, or SEC. 803. Amounts made available in Public GENERAL EXPENSES the reduction or elimination of a retention al- Law 107–116 for the administrative and related For an additional amount for the Capitol Po- lowance, shall not be appealable or reviewable expenses for departmental management for the lice Board for necessary expenses of the Capitol in any manner’’. Department of Labor, the Department of Health Police, including security equipment and instal- (c) Section 909 of the Act is amended— (1) by redesignating subsections (f) and (g) as and Human Services, and the Department of lation, supplies, materials and contract services, Education, shall be reduced on a pro rata basis subsections (g) and (h), respectively; and $3,600,000, to be disbursed by the Capitol Police by $45,000,000: Provided, That this provision (2) by inserting after subsection (e) the fol- Board or their designee: Provided, That the en- shall not apply to the Food and Drug Adminis- lowing: tire amount is designated by the Congress as an tration and the Indian Health Service: Provided ‘‘(f) TUITION ALLOWANCES.—The Capitol Po- emergency requirement pursuant to section further, That not later than 15 days after the lice Board may authorize the Chief to pay tui- 251(b)(2)(A) of the Balanced Budget and Emer- enactment of this Act, the Director of the Office tion allowances for payment or reimbursement gency Deficit Control Act of 1985, as amended. of Management and Budget shall report to the of education expenses in the same manner and House and Senate Committees on Appropria- LIBRARY OF CONGRESS to the same extent as retention allowances tions the accounts subject to the pro rata reduc- COPYRIGHT OFFICE under subsection (b).’’. SEC. 904. (a) The Architect of the Capitol is tions and the amount to be reduced in each ac- SALARIES AND EXPENSES authorized, subject to the availability of appro- count. For an additional amount for ‘‘Copyright Of- SEC. 804. The Higher Education Amendments priations, to acquire (through purchase, lease, fice, Salaries and expenses’’, $7,500,000, to re- of 1998 are hereby amended in section 821 as fol- or otherwise) buildings and facilities for use as main available until expended: Provided, That lows: computer backup facilities (and related uses) for the entire amount is designated by the Congress (1) in subsection (b), by striking ‘‘25’’ and in- offices in the legislative branch. serting ‘‘35’’; as an emergency requirement pursuant to sec- (b) The acquisition of a building or facility (2) in subsection (e)(3), by striking ‘‘$1,500’’ tion 251(b)(2)(A) of the Balanced Budget and under subsection (a) shall be subject to the ap- and inserting ‘‘$2,000’’; and Emergency Deficit Control Act of 1985, as proval of— (3) in subsection (f) by striking ‘‘25’’ and in- amended. (1) the House Office Building Commission, in serting ‘‘35’’. GENERAL PROVISIONS, THIS CHAPTER the case of a building or facility acquired for the SEC. 805. (a) Section 487 of the Public Health SEC. 901. The amount otherwise made avail- use of an office of the House of Representatives; Service Act (42 U.S.C. 288) is amended by strik- able under section 506 of the Supplemental Ap- (2) the Committee on Rules and Administra- ing ‘‘National Research Service Awards’’ or propriations Act, 1973 (2 U.S.C. 58) for fiscal tion of the Senate, in the case of a building or ‘‘National Research Service Award’’ each place year 2002 to any Senator from the Senators’ Of- facility acquired for the use of an office of the either appears and inserting in lieu thereof ficial Personnel and Office Expense Account Senate; or ‘‘Ruth L. Kirschstein National Research Service shall be increased by the amount (not in excess (3) the House Office Building Commission and Awards’’ or ‘‘Ruth L. Kirschstein National Re- of $20,000) which the Senator certifies in a writ- the Committee on Rules and Administration of search Service Award’’ as appropriate. ten request to the Secretary of the Senate made the Senate, in the case of a building or facility (b) The heading for Section 487 of the Public not later than September 30, 2002, as being nec- acquired for the use of any other office in the Health Service Act (42 U.S.C. 288) is amended to legislative branch. read as follows: ‘‘Ruth L. Kirschstein National essary for the payment or reimbursement of ex- penditures incurred or obligated during fiscal (c) Any building or facility acquired by the Research Service Awards’’. Architect of the Capitol pursuant to subsection (c) Any reference in any law (other than this year 2002 that— (1) are otherwise payable from such account, (a) shall be a part of the United States Capitol Act), regulation, document, record, map, or Grounds and shall be subject to the provisions other paper of the United States to ‘‘National and (2) are directly related to responses to the ter- of the Act entitled ‘‘An Act to define the area of Research Service Awards’’ shall be considered to the United States Capitol Grounds, to regulate be a reference to ‘‘Ruth L. Kirschstein National rorist attacks of September 11, 2001, or the dis- covery of anthrax in the Senate complex and the the use thereof, and for other purposes’’, ap- Research Service Awards’’. proved July 31, 1946. SEC. 806. None of the funds provided by this or displacement of Senate offices due to such dis- covery. (d) This section shall apply with respect to fis- any other Act may be used to enforce the cal year 2002 and each succeeding fiscal year. amendments made by section 166 of the Commu- SEC. 902. (a) Chapter 9 of the Emergency Sup- nity Renewal Tax Relief Act of 2000 on the State plemental Act, 2002 (Public Law 107–117; 115 CHAPTER 10 of Alaska, including the imposition of any pen- Stat. 2315), is amended— DEPARTMENT OF TRANSPORTATION alties. (1) in section 901 (a), by striking ‘‘buildings TRANSPORTATION SECURITY ADMINISTRATION SEC. 807. LOCAL EDUCATIONAL AGENCY SERV- and facilities’’ and insert ‘‘buildings and facili- For additional amounts for emergency ex- ING NEW YORK CITY. Notwithstanding section ties, subject to the availability of appropria- penses to ensure transportation security, 1124(c)(2) of the Elementary and Secondary tions,’’. $4,702,525,000, to remain available until ex- Education Act of 1965 (20 U.S.C. 6333(c)(2)), for (b) Section 9 of the Act of July 31, 1946 (40 pended: Provided, That the entire amount is fiscal year 2002, if the local educational agency U.S.C. 212a), is amended by redesignating the designated by the Congress as an emergency re- serving New York City receives an allocation subsection (b) added by section 903(c)(2) of the quirement pursuant to section 251(b)(2)(A) of under section 1124 of the Elementary and Sec- Emergency Supplemental Act, 2002, as sub- the Balanced Budget and Emergency Deficit ondary Education Act of 1965 (20 U.S.C. 6333) in section (c). Control Act of 1985, as amended: Provided fur- an amount that is greater than the amount re- (c) The amendment made by this section shall ther, That of the amounts provided under this ceived by the agency under section 1124 of the take effect as if included in the enactment of the head, $200,000,000 shall be for port security Elementary and Secondary Education Act of Emergency Supplemental Act, 2002. grants under the same terms and conditions as 1965 (20 U.S.C. 6333) for fiscal year 2001, then— SEC. 903. (a) Section 909(a) of chapter 9 of the provided for under Public Law 107–117; (1) the agency shall distribute any funds in Emergency Supplemental Act, 2002 (40 U.S.C. $20,000,000 shall be used to enable the Under excess of the amount of the fiscal year 2001 allo- 207b–2; Public Law 107–117; 115 Stat. 2320) (in Secretary for Transportation Security to make cation on an equal per-pupil basis consistent this section referred to as the ‘‘Act’’) is grants and enter into contracts to enhance secu- with section 1113(c) of the Elementary and Sec- amended— rity for intercity bus operations; and $27,945,000 ondary Education Act of 1965 (20 U.S.C. (1) in paragraph (1), by striking ‘‘determines shall be used to enable said Under Secretary to 6313(c)); and that the Capitol Police would be likely, in the make grants, enter into contracts and execute (2) each county in New York City shall receive absence of such a bonus, to encounter difficulty interagency agreements for the purpose of de- an amount from the agency that is not less than in filling the position’’ and inserting ‘‘, in the ploying Operation Safe Commerce. the amount the county received in fiscal year sole discretion of the Board, determines that 2001. such a bonus will assist the Capitol Police in re- U.S. COAST GUARD SEC. 808. In the statement of the managers of cruitment efforts’’; and OPERATING EXPENSES the committee of conference accompanying the (2) by adding at the end the following: For an additional amount for ‘‘Operating Ex- fiscal year 2001 Labor, Health and Human Serv- ‘‘(6) DETERMINATIONS NOT APPEALABLE OR RE- penses’’ for emergency expenses for homeland ices, and Education appropriations bill (Public VIEWABLE.—Any determination of the Board security, $318,400,000, to remain available until Law 106–554; House Report 106–1033), the provi- under this subsection shall not be appealable or September 30, 2003: Provided, That the entire sion specifying $464,000 for the Bethel Native reviewable in any manner.’’. amount is designated by the Congress as an Corporation worker demonstration project shall (b) Section 909(b) of the Act is amended— emergency requirement pursuant to section be deemed to read as follows: ‘‘for the Alaska (1) in paragraph (1)— 251(b)(2)(A) of the Balanced Budget and Emer- CHAR vocational training program, $100,000 (A) by striking subparagraphs (A) and (B); gency Deficit Control Act of 1985, as amended. and $364,000 for the Yuut Elitnauvriat People’s and ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS Learning Center in Bethel, Alaska for voca- (B) by striking ‘‘if—’’ and inserting ‘‘if the For an additional amount for ‘‘Acquisition, tional training for Alaska Natives. Board, in the sole discretion of the Board, deter- Construction, and Improvements’’ for emergency June 10, 2002 CONGRESSIONAL RECORD — SENATE S5307 expenses for homeland security, $347,700,000, to able under this paragraph shall be used solely GENERAL PROVISIONS, THIS CHAPTER remain available until September 30, 2004: Pro- for eligible but uncompensated applications SEC. 1001. Section 1106 of Public Law 107–117 vided, That the entire amount is designated by pending as of May 28, 2002, including is amended by deleting ‘‘$116,023,000’’ and in- the Congress as an emergency requirement pur- $13,411,000 for projects in the State of Wash- serting ‘‘$128,123,000’’. suant to section 251(b)(2)(A) of the Balanced ington stemming from the Nisqually earthquake SEC. 1002. Section 1102 of Public Law 105–178 Budget and Emergency Deficit Control Act of and other disasters, and up to $12,000,000 for is amended by adding at the end the following: 1985, as amended. emergency expenses to respond to the May 26, ‘‘(k) Notwithstanding any other provision of FEDERAL AVIATION ADMINISTRATION 2002 Interstate 40 bridge collapse over the Ar- law, the obligations for Federal-aid highway kansas River in Oklahoma. OPERATIONS and highway safety construction programs for fiscal year 2003 shall be not less than For an additional amount for ‘‘Operations’’, FEDERAL MOTOR CARRIER SAFETY $27,746,000,000 and not more than $100,000,000, for security activities at Federal ADMINISTRATION $28,900,000,000.’’. Aviation Administration facilities: Provided, BORDER ENFORCEMENT PROGRAM SEC. 1003. Title II of Division C of Public Law That the entire amount is designated by the For necessary expenses of the Border Enforce- 105–277 is amended by striking ‘‘of more than Congress as an emergency requirement pursuant ment Program to respond to the September 11, 750 gross registered tons’’ in each place it ap- to section 251(b)(2)(A) of the Balanced Budget 2001, terrorist attacks on the United States, pears, and inserting in lieu thereof, ‘‘of more and Emergency Deficit Control Act of 1985, as $19,300,000, to be derived from the Highway than 750 gross registered tons (as measured amended. Trust Fund, of which $4,200,000 shall be to im- under Chapter 145 of Title 46) or 1,900 gross reg- plement section 1012 of Public Law 107–56 (USA FACILITIES AND EQUIPMENT istered tons as measured under Chapter 143 of Patriot Act); $10,000,000 shall be for drivers’ li- (AIRPORT AND AIRWAY TRUST FUND) that Title)’’. cense fraud detection and prevention, northern SEC. 1004. Section 335 of Public Law 107–87 is For an additional amount for ‘‘Facilities and border safety and security study, and hazardous amended by inserting ‘‘and the Transportation Equipment’’, $15,000,000, to be derived from the material security education and outreach; and Security Administration’’ after ‘‘the Federal Airport and Airway Trust Fund and to remain $5,100,000 shall be for the purposes of coordi- Aviation Administration’’; by inserting ‘‘, avia- available until expended: Provided, That the en- nating drivers’ license registration and social se- tion security’’ after ‘‘air navigation’’, and by tire amount is designated by the Congress as an curity number verification: Provided, That in inserting ‘‘and the TSA for necessary security emergency requirement pursuant to section connection with such commercial drivers’ license checkpoints’’ after the word ‘‘facilities’’. 251(b)(2)(A) of the Balanced Budget and Emer- fraud deterrence projects, the Secretary may SEC. 1005. Section 354 of Public Law 106–346 gency Deficit Control Act of 1985, as amended. enter into such contracts or grants with the (114 Stat. 1356A–35) is amended by inserting ‘‘or GRANTS-IN-AID FOR AIRPORTS American Association of Motor Vehicle Adminis- Nail Road’’ after ‘‘Star Landing Road’’. (AIRPORT AND AIRWAY TRUST FUND) trators, States, or other persons as the Secretary SEC. 1006. Notwithstanding any other provi- For an additional amount to enable the Fed- may so designate to carry out these purposes: sion of law, $2,750,000 of amounts made avail- eral Aviation Administrator to compensate air- Provided further, That the entire amount is des- able for ‘‘Intelligent Transportation Systems’’ in ports for the direct costs associated with new, ignated by the Congress as an emergency re- Public Law 107–87 and Public Law 106–346 shall additional or revised security requirements im- quirement pursuant to section 251(b)(2)(A) of be made available for activities authorized posed on airport operators by the Administrator the Balanced Budget and Emergency Deficit under section 5118 of Public Law 105–178. Control Act of 1985, as amended. on or after September 11, 2001, notwithstanding SEC. 1007. Not later than 30 days after the any other provision of law, $100,000,000, to be FEDERAL RAILROAD ADMINISTRATION date of enactment of this Act, the Administrator derived from the Airport and Airway Trust GRANTS TO THE NATIONAL RAILROAD PASSENGER of the Federal Aviation Administration shall Fund and to remain available until expended: CORPORATION submit to Congress a report— Provided, That the entire amount is designated For an additional amount for the National (A) explaining how the Administrator will ad- by the Congress as an emergency requirement Railroad Passenger Corporation for emergency dress the air traffic controller staffing shortage pursuant to section 251(b)(2)(A) of the Balanced expenses to ensure the safety of rail passenger at Newark International Airport; and Budget and Emergency Deficit Control Act of operations, $55,000,000, to remain available until (B) providing a deadline by which the airport 1985, as amended. expended, of which $20,000,000 shall be used to will have an adequate number of air traffic con- FEDERAL HIGHWAY ADMINISTRATION repair damaged passenger equipment, $12,000,000 trollers. FEDERAL-AID HIGHWAYS shall be used for emergency security needs, and SEC. 1008. The $300,000 made available to the State of Idaho under the matter under the head- EMERGENCY RELIEF PROGRAM $23,000,000 shall be used for the heavy overhaul of the rail passenger fleet. ing ‘‘JOB ACCESS AND REVERSE COMMUTE (HIGHWAY TRUST FUND) GRANTS’’ under the heading ‘‘FEDERAL TRAN- FEDERAL TRANSIT ADMINISTRATION For an additional amount for ‘‘Emergency Re- SIT ADMINISTRATION’’ in title I of the De- lief Program’’, as authorized by 23 U.S.C. 125, CAPITAL INVESTMENT GRANTS partment of Transportation and Related Agen- for emergency expenses to respond to the Sep- For an additional amount for ‘‘Capital Invest- cies Appropriations Act, 2002 (Public Law 107– tember 11, 2001, terrorist attacks on New York ment Grants’’ for emergency expenses to respond 87; 115 Stat. 852), shall be deemed to have been City, $167,000,000 for the State of New York, to to the September 11, 2001, terrorist attacks in made available to the State of Idaho to carry be derived from the Highway Trust Fund and to New York City, $1,800,000,000, to remain avail- out a job training and supportive services pro- remain available until expended: Provided, That able until expended, to replace, rebuild, or en- gram under section 140(b) of title 23, United notwithstanding 23 U.S.C. 120(e), the Federal hance the public transportation systems serving States Code. share for any project on a Federal-aid highway the Borough of Manhattan, New York City, CHAPTER 11 related to the New York City terrorist attacks New York: Provided, That the Secretary may DEPARTMENT OF THE TREASURY shall be 100 percent: Provided further, That not- use up to one percent of this amount for over- withstanding 23 U.S.C. 125(d)(1), the Secretary sight activities: Provided further, That these FINANCIAL MANAGEMENT SERVICE of Transportation may obligate more than funds are subject to grant requirements as deter- SALARIES AND EXPENSES $100,000,000 for those projects: Provided further, mined by the Secretary to ensure that eligible (RESCISSION) That the entire amount is designated by the projects will improve substantially the mobility Of the available balances under this heading, Congress as an emergency requirement pursuant of commuters in Lower Manhattan: Provided $14,000,000 are rescinded. to section 251(b)(2)(A) of the Balanced Budget further, That the Federal share for any project UNITED STATES CUSTOMS SERVICE and Emergency Deficit Control Act of 1985, as funded from this amount shall be 100 percent: amended. Provided further, That these funds are in addi- SALARIES AND EXPENSES FEDERAL-AID HIGHWAYS tion to any other appropriation available for For an additional amount for ‘‘Salaries and these purposes: Provided further, That the en- Expenses’’, $59,000,000, to remain available until (HIGHWAY TRUST FUND) tire amount is designated by the Congress as an expended: Provided, That the entire amount is (RESCISSION) emergency requirement pursuant to section designated by the Congress as an emergency re- Of the funds apportioned to each state under 251(b)(2)(A) of the Balanced Budget and Emer- quirement pursuant to section 251(b)(2)(A) of the programs authorized under sections gency Deficit Control Act of 1985, as amended. the Balanced Budget and Emergency Deficit 1101(a)(1), 1101(a)(2), 1101(a)(3), 1101(a)(4) and Control Act of 1985, as amended: Provided fur- RESEARCH AND SPECIAL PROGRAMS 1101(a)(5) of Public Law 105–178, as amended, ther, That $10,000,000 is authorized for reim- ADMINISTRATION $320,000,000 are rescinded. bursing State and local law enforcement agen- RESEARCH AND SPECIAL PROGRAMS FEDERAL-AID HIGHWAYS cies that have provided necessary Federal assist- For an additional amount for ‘‘Research and EMERGENCY RELIEF PROGRAM ance to personnel of the United States Customs Special Programs’’ to establish a Transportation Service, along the Northern Border of the (HIGHWAY TRUST FUND) Information Operations Center for improving United States. For an additional amount for the ‘‘EMER- transportation emergency response coordina- INTERNAL REVENUE SERVICE GENCY RELIEF PROGRAM’’, as authorized by sec- tion, $3,500,000: Provided, That the entire tion 125 of title 23, United States Code, amount is designated by the Congress as an INFORMATION SYSTEMS $120,000,000, to be derived from the Highway emergency requirement pursuant to section (RESCISSION) Trust Fund and to remain available until ex- 251(b)(2)(A) of the Balanced Budget and Emer- Of the available balances under this heading, pended: Provided, That the amount made avail- gency Deficit Control Act of 1985, as amended. $10,000,000 are rescinded. S5308 CONGRESSIONAL RECORD — SENATE June 10, 2002

UNITED STATES SECRET SERVICE CHAPTER 12 the Balanced Budget and Emergency Deficit SALARIES AND EXPENSES DEPARTMENT OF VETERANS AFFAIRS Control Act of 1985, as amended. The referenced statement of the managers For an additional amount for ‘‘Salaries and VETERANS BENEFITS ADMINISTRATION Expenses’’, $17,200,000: Provided, That the en- under the heading ‘‘Community Development COMPENSATION AND PENSIONS tire amount is designated by the Congress as an Block Grants’’ in title II of Public Law 105–276 emergency requirement pursuant to section For an additional amount for ‘‘Compensation is deemed to be amended by striking ‘‘$250,000 251(b)(2)(A) of the Balanced Budget and Emer- and pensions’’, $1,100,000,000, to remain avail- for renovation, accessibility, and asbestos reme- gency Deficit Control Act of 1985, as amended. able until expended. diation for the Wellstone Neighborhood Center, VETERANS HEALTH ADMINISTRATION Wellstone, Missouri’’ and insert in lieu thereof POSTAL SERVICE ‘‘$250,000 for the St. Louis Economic Council for MEDICAL CARE PAYMENT TO THE POSTAL SERVICE FUND design, infrastructure and construction related For an additional amount for ‘‘Payment to For an additional amount for ‘‘Medical care’’ to the Enterprise Center-Wellstone in Wellstone, the Postal Service Fund’’ for emergency ex- resulting from continued open enrollment for Missouri’’. penses to enable the Postal Service to protect Priority Level 7 veterans, $142,000,000. The referenced statement of the managers postal employees and postal customers from ex- For an additional amount for ‘‘Medical care’’, under the heading ‘‘Community Development posure to biohazardous material and to sanitize $275,000,000: Provided, That the entire amount is Fund’’ in title II of Public Law 106–377 is and screen the mail, $87,000,000, to remain avail- designated by the Congress as an emergency re- deemed to be amended by striking ‘‘$1,000,000 for able until expended: Provided, That the entire quirement pursuant to section 251(b)(2)(A) of the Community Action Agency of Southern New amount is designated by the Congress as an the Balanced Budget and Emergency Deficit Mexico, Inc. for construction of a regional food emergency requirement pursuant to section Control Act of 1985, as amended. bank and supporting offices’’ and insert in lieu 251(b)(2)(A) of the Balanced Budget and Emer- DEPARTMENT OF HOUSING AND URBAN thereof ‘‘$1,000,000 for the Community Action gency Deficit Control Act of 1985, as amended. DEVELOPMENT Agency of Southern New Mexico for construc- EXECUTIVE OFFICE OF THE PRESIDENT PUBLIC AND INDIAN HOUSING tion, purchase, or renovation and the equipping of a regional food bank and supporting offices’’. HOUSING CERTIFICATE FUND OFFICE OF ADMINISTRATION The referenced statement of the managers SALARIES AND EXPENSES (RESCISSION) under the heading ‘‘Community Development For an additional amount for ‘‘Salaries and Of the amounts unobligated or recaptured, Fund’’ in title II of Public Law 107–73 is deemed Expenses’’, $5,000,000, to remain available until prior to September 30, 2002, from funds appro- to be amended by striking ‘‘$400,000 to the City expended: Provided, That the entire amount is priated under this heading during fiscal year of Reading, PA for the development of the Mor- designated by the Congress as an emergency re- 2002 and prior years, $300,000,000 are rescinded. gantown Road Industrial Park on what is cur- quirement pursuant to section 251(b)(2)(A) of COMMUNITY PLANNING AND DEVELOPMENT rently a brownfields site’’ and insert in lieu the Balanced Budget and Emergency Deficit COMMUNITY DEVELOPMENT FUND thereof ‘‘$400,000 for the City of Reading, PA for Control Act of 1985, as amended: Provided fur- the development of the American Chain and For an additional amount for ‘‘Community ther, That none of these funds may be obligated Cable brownfield site’’. Development Fund’’, as authorized by title I of until the Senate confirms a Director for Home- The referenced statement of the managers the Housing and Community Development Act land Security in the Office of Homeland Secu- under the heading ‘‘Community Development of 1974, as amended, for emergency expenses to rity pursuant to section 1102 of this Act. Fund’’ in title II of Public Law 107–73 is deemed respond to the September 11, 2001, terrorist at- to be amended by striking ‘‘$750,000 for the INDEPENDENT AGENCIES tacks on the United States, $750,000,000, to re- Smart Start Child Care Center and Expertise GENERAL SERVICES ADMINISTRATION main available until expended: Provided, That School of Las Vegas, Nevada for construction of the State of New York, in cooperation with the REAL PROPERTY ACTIVITIES a child care facility’’ and insert in lieu thereof City of New York, shall, through the Lower FEDERAL BUILDINGS FUND ‘‘$250,000 for the Smart Start Child Care Center Manhattan Development Corporation, distribute For an additional amount for ‘‘Federal Build- and Expertise School of Las Vegas, Nevada for these funds: Provided further, That such funds ings Fund’’ for building security emergency ex- construction of a child care facility and $500,000 may be used for assistance for properties and penses resulting from the September 11, 2001, for job training’’. businesses (including the restoration of utility terrorist attacks on the United States, HOME INVESTMENT PARTNERSHIPS PROGRAM $51,800,000: Provided, That the entire amount is infrastructure) damaged by, and for economic revitalization directly related to, the terrorist at- (RESCISSION) designated by the Congress as an emergency re- Of the funds made available under this head- quirement pursuant to section 251(b)(2)(A) of tacks on the United States that occurred on Sep- tember 11, 2001, in New York City and for reim- ing in Public Law 107–73, $50,000,000 are re- the Balanced Budget and Emergency Deficit scinded from the Downpayment Assistance Ini- Control Act of 1985, as amended. bursement to the State and City of New York for expenditures incurred from the regular Commu- tiative. POLICY AND OPERATIONS nity Development Block Grant formula alloca- HOUSING PROGRAMS For an additional amount for ‘‘Policy and tion used to achieve these same purposes: Pro- RENTAL HOUSING ASSISTANCE Operations’’ for emergency expenses related to vided further, That the State of New York is au- The limitation otherwise applicable to the vulnerabilities in internet data transmission ca- thorized to provide such assistance to the City maximum payments that may be required in any pability, $2,500,000, to remain available until of New York: Provided further, That in admin- fiscal year by all contracts entered into under September 30, 2003: Provided, That the entire istering these funds and funds under section 108 section 236 of the National Housing Act (12 amount is designated by Congress as an emer- of such Act used for economic revitalization ac- U.S.C. 1715z–1) is reduced in fiscal year 2002 by gency requirement pursuant to section tivities in New York City, the Secretary may not more than $300,000,000 in uncommitted bal- 251(b)(2)(A) of the Balanced Budget and Emer- waive, or specify alternative requirements for, ances of authorizations of contract authority gency Deficit Control Act of 1985, as amended. any provision of any statute or regulation that provided for this purpose in appropriations acts: GENERAL PROVISIONS, THIS CHAPTER the Secretary administers in connection with the Provided, That up to $300,000,000 of recaptured SEC. 1101. For purposes of section 201(a) of the obligation by the Secretary or the use by the re- section 236 budget authority resulting from the Federal Property and Administrative Services cipient of these funds or guarantees (except for prepayment of mortgages subsidized under sec- Act of 1949 (relating to Federal sources of sup- requirements related to fair housing, non- tion 236 of the National Housing Act (12 U.S.C. ply, including lodging providers, airlines and discrimination, labor standards, and the envi- 1715z–1) shall be made available as provided in other transportation providers), the Eisenhower ronment), upon a finding that such waiver is re- section 236(s) of the National Housing Act. Exchange Fellowship Program shall be deemed quired to facilitate the use of such funds or INDEPENDENT AGENCIES an executive agency for the purposes of carrying guarantees: Provided further, That such funds ENVIRONMENTAL PROTECTION AGENCY out the provisions of 20 U.S.C. 5201, and the em- shall not adversely affect the amount of any ployees of and participants in the Eisenhower formula assistance received by the State of New STATE AND TRIBAL ASSISTANCE GRANTS Exchange Fellowship Program shall be eligible York, New York City, or any categorical appli- The referenced statement of the managers to have access to such sources of supply on the cation for other Federal assistance: Provided under this heading in Public Law 106–377 is same basis as employees of an executive agency further, That the Secretary shall publish in the deemed to be amended by striking everything have such access. Federal Register any waiver of any statute or after ‘‘$1,000,000’’ in reference to item 91 and in- SEC. 1102. DIRECTOR FOR HOMELAND SECU- regulation that the Secretary administers pursu- serting ‘‘to the Northern Kentucky Area Devel- RITY. (a) IN GENERAL.—There is established the ant to title I of the Housing and Community De- opment District for Carroll County Wastewater position of Director for Homeland Security in velopment Act of 1974, as amended, no later Infrastructure Project ($500,000), City of the Office of Homeland Security established than five days before the effective date of such Owenton Water Collection and Treatment Sys- under section 1 of Executive order No. 13228. waiver: Provided further, That the Secretary tem Improvements and Freshwater Intake The Director for Homeland Security shall be the shall notify the Committees on Appropriations Project ($400,000), Grant County Williamstown head of that Office, after appointment by the on the proposed allocation of any funds and Lake Expansion Study ($50,000), and Pendleton President, by and with the advice and consent any related waivers pursuant to this section no County Williamstown Lake Expansion Study of the Senate. later than five days before such allocation: Pro- ($50,000)’’. (b) EFFECTIVE DATE.—This section shall take vided further, That the entire amount is des- SCIENCE AND TECHNOLOGY effect 30 days after the date of enactment of this ignated by the Congress as an emergency re- For an additional amount for ‘‘Science and Act. quirement pursuant to section 251(b)(2)(A) of technology’’, $100,000,000: Provided, That the June 10, 2002 CONGRESSIONAL RECORD — SENATE S5309 entire amount is designated by the Congress as the Disposition of Assets in Revitalization Areas civil rights, violent crimes, financial crimes, an emergency requirement pursuant to section program as provided in section 602 of Public counterterrorism, and foreign counterintel- 251(b)(2)(A) of the Balanced Budget and Emer- Law 105–276 and the Secretary shall renew all ligence; and gency Deficit Control Act of 1985, as amended. contracts and enter into new contracts with eli- (3) the mission of the Federal Bureau of In- HAZARDOUS SUBSTANCE SUPERFUND gible participants in a manner consistent with vestigation is— For an additional amount for ‘‘Hazardous the requirements of such section. (A) to uphold the law through the investiga- substance superfund’’ for additional expenses SEC. 1202. The Secretary of Housing and tion of violations of Federal criminal law; incurred for anthrax investigations and cleanup Urban Development shall submit a report every (B) to protect the United States from foreign actions at the United States Capitol and the 90 days to the House and Senate Committees on intelligence and terrorist activities; Congressional office building complex, Appropriations on the status of any multifamily (C) provide leadership and law enforcement $12,500,000: Provided, That the entire amount is housing project (including all hospitals and assistance to Federal, State, local, and inter- designated by the Congress as an emergency re- nursing homes) insured under the National national agencies; and quirement pursuant to section 251(b)(2)(A) of Housing Act that has been in default for longer (D) to perform these responsibilities in a man- the Balanced Budget and Emergency Deficit than 60 days. The report shall include the loca- ner that is responsive to the needs of the public Control Act of 1985, as amended. tion of the property, the reason for the default, and is faithful to the Constitution of the United FEDERAL EMERGENCY MANAGEMENT AGENCY and all actions taken by the Secretary and States. DISASTER RELIEF owner with regard to the default, including any (b) It is the sense of the Senate that— For an additional amount for ‘‘Disaster re- work-out agreements, the status and terms of (1) the reorganization of the Federal Bureau lief’’ for emergency expenses to respond to the any assistance or loans, and any transfer of an of Investigation is a positive and important re- September 11, 2001, terrorist attacks on the ownership interest in the property (including sponse to challenges posed by the increased United States, $2,660,000,000, to remain available any assistance or loans made to the prior, cur- threat of terrorism and that continued construc- until expended: Provided, That in administering rent or intended owner of the property or to the tive dialog between FBI Director Robert Mueller the Mortgage and Rental Assistance Program local unit of government in which the property and Congress will help make the reorganization for victims of September 11, 2001, the Federal is located). a success; Emergency Management Agency will recognize SEC. 1203. For purposes of assessing the use of (2) the Federal Bureau of Investigation shall those people who were either directly employed Stafford Apartments (FHA Project No: 052– continue to allocate adequate resources for the in the Borough of Manhattan or had at least 75 44163) as student housing, notwithstanding any purpose of investigating all crimes under its ju- percent of their wages coming from business other provision of law— risdiction; conducted within the Borough of Manhattan as (1) such property shall not be considered an (3) the reallocation of agents and resources to eligible for assistance under the program, as eligible multifamily housing project pursuant to counterterrorism investigations should not ham- they were directly impacted by the terrorist at- section 512(2) of MAHRAA for a period not to per the ability of the Federal Bureau of Inves- tacks: Provided further, That FEMA shall pro- exceed 24 months from the date of enactment of tigation to investigate crimes involving drugs; vide compensation to previously denied Mort- this amendment, and the Secretary shall offer to and gage and Rental Assistance Program applicants extend the current Section 8 contract at rent (4) sufficient homeland security resources who would qualify under these new guidelines: levels as in effect during fiscal year 2001, subject should be made available to State and local law Provided further, That the entire amount is des- to annual operating cost adjustment factor in- enforcement and public safety officials to enable ignated by the Congress as an emergency re- creases, for a continuous period commencing them to meet their responsibilities as the Na- quirement pursuant to section 251(b)(2)(A) of October 1, 2001 not to exceed 24 months from the tion’s first responders. the Balanced Budget and Emergency Deficit date of enactment of this amendment, provided SEC. 2004. In subsection (e)(4) of the Alaska Control Act of 1985, as amended. that such contract shall be extended further at Native Claims Settlement Act created by section EMERGENCY MANAGEMENT PLANNING AND such rent levels to accomplish a mortgage re- 702 of Public Law 107–117— ASSISTANCE structuring if required after such 24 month pe- (1) paragraph (B) is amended by— For an additional amount for ‘‘Emergency riod for a period of the earlier of one year or the (A) striking ‘‘subsection (e)(2)’’ and inserting management planning and assistance’’ for emer- closing of the restructuring plan as set forth in in lieu thereof ‘‘subsections (e)(1) or (e)(2)’’; and gency expenses to respond to the September 11, the regulations promulgated at 24 CFR Part 401 (B) striking ‘‘obligations under section 7 of 2001, terrorist attacks on the United States, as now in effect; P.L. 87–305’’ and inserting in lieu thereof ‘‘small $745,000,000, of which $175,000,000 is for FEMA (2) subject to the concurrence by the Secretary or small disadvantaged business subcontracting to make available to the States for State and of a relocation plan for current tenants, all of goals under section 502 of P.L. 100–656, provided local all hazards operational planning including the units in the projects may be available for that where lower tier subcontractors exist, the response planning for natural and man-made student housing notwithstanding any federal entity shall designate the appropriate contractor disasters including terrorism; $300,000,000 for use restrictions including those required pursu- or contractors to receive such credit’’; and programs as authorized by section 33 of the Fed- ant to Section 201 of the Housing and Commu- (2) paragraph (C) is amended by striking eral Fire Prevention and Control Act of 1974, as nity Development Amendments of 1978, as ‘‘subsection (e)(2)’’ and inserting ‘‘subsection amended (15 U.S.C. 2201 et seq.); $92,000,000 for amended, and Section 250 of the National Hous- (e)(1) or (e)(2)’’. the existing national urban search and rescue ing Act, as amended; and TITLE III—AMERICAN SERVICE MEMBERS’ system; $115,000,000 for interoperable commu- (3) upon the concurrence by the Secretary of PROTECTION ACT nications equipment; $56,000,000 for grants to such relocation plan, all of the tenants of the SEC. 3001. SHORT TITLE. state and local governments for emergency oper- project shall be relocated, and any rights of ten- This title may be cited as the ‘‘American ations centers; and $7,000,000 for secure commu- ants to elect to remain in the project pursuant Servicemembers’ Protection Act of 2002’’. nications equipment and associated facility im- to the provisions of Section 8(t)(1)(B) of the SEC. 3002. FINDINGS. provements and maintenance for state emer- United States Housing Act of 1937, as amended, Congress makes the following findings: gency operations centers: Provided, That the en- shall not apply. (1) On July 17, 1998, the United Nations Diplo- tire amount is designated by the Congress as an TITLE II—GENERAL PROVISIONS emergency requirement pursuant to section matic Conference of Plenipotentiaries on the Es- 251(b)(2)(A) of the Balanced Budget and Emer- SEC. 2001. No part of any appropriation con- tablishment of an International Criminal Court, gency Deficit Control Act of 1985, as amended. tained in this Act shall remain available for ob- meeting in Rome, Italy, adopted the ‘‘Rome ligation beyond the current fiscal year unless Statute of the International Criminal Court’’. CERRO GRANDE FIRE CLAIMS For an additional amount for ‘‘Cerro Grande expressly so provided in this Act. The vote on whether to proceed with the statute EC. 2002. (a) IN GENERAL.—Any amount ap- Fire Claims’’, $80,000,000 for claims resulting S was 120 in favor to 7 against, with 21 countries from the Cerro Grande fires: Provided, That the propriated in this Act that is designated by the abstaining. The United States voted against entire amount is designated by the Congress as Congress as an emergency requirement pursuant final adoption of the Rome Statute. an emergency requirement pursuant to section to section 251(b)(2)(A) of the Balanced Budget (2) As of April 30, 2001, 139 countries had 251(b)(2)(A) of the Balanced Budget and Emer- and Emergency Deficit Control Act of 1985, as signed the Rome Statute and 30 had ratified it. gency Deficit Control Act of 1985, as amended. amended, shall not be available for obligation Pursuant to Article 126 of the Rome Statute, the unless all such amounts appropriated in this statute will enter into force on the first day of NATIONAL SCIENCE FOUNDATION Act are designated by the President, upon en- the month after the 60th day following the date EDUCATION AND HUMAN RESOURCES actment of this Act, as emergency requirements on which the 60th country deposits an instru- For an additional amount for ‘‘Education and pursuant to that section. ment ratifying the statute. human resources’’ for emergency expenses to re- (b) EXCEPTION.—Subsection (a) shall not (3) Since adoption of the Rome Statute, a Pre- spond to emergent needs in cyber security, apply to chapter 3 of title I. paratory Commission for the International $19,300,000: Provided, That the entire amount is SEC. 2003. (a) The Senate finds that— Criminal Court has met regularly to draft docu- designated by the Congress as an emergency re- (1) the Federal Bureau of Investigation is the ments to implement the Rome Statute, including quirement pursuant to section 251(b)(2)(A) of principle investigative arm of the Department of Rules of Procedure and Evidence, Elements of the Balanced Budget and Emergency Deficit Justice; Crimes, and a definition of the Crime of Aggres- Control Act of 1985, as amended. (2) the Federal Bureau of Investigation has sion. GENERAL PROVISIONS, THIS CHAPTER the authority and responsibility to investigate (4) During testimony before the Congress fol- SEC. 1201. The Secretary of Housing and specific crimes assigned to it, including viola- lowing the adoption of the Rome Statute, the Urban Development shall continue to administer tions concerning organized crime and drugs, lead United States negotiator, Ambassador S5310 CONGRESSIONAL RECORD — SENATE June 10, 2002 David Scheffer stated that the United States the jurisdiction of the International Criminal vestigation or prosecution of the named indi- could not sign the Rome Statute because certain Court over United States nationals. vidual to proceed; and critical negotiating objectives of the United SEC. 3003. WAIVER AND TERMINATION OF PROHI- (D) in investigating events related to actions States had not been achieved. As a result, he BITIONS OF THIS TITLE. by the named individual, none of the following stated: ‘‘We are left with consequences that do (a) AUTHORITY TO INITIALLY WAIVE SECTIONS persons will be investigated, arrested, detained, not serve the cause of international justice.’’ 3005 AND 3007.—The President is authorized to prosecuted, or imprisoned by or on behalf of the (5) Ambassador Scheffer went on to tell the waive the prohibitions and requirements of sec- International Criminal Court with respect to ac- Congress that: ‘‘Multinational peacekeeping tions 3005 and 3007 for a single period of 1 year. tions undertaken by them in an official capac- forces operating in a country that has joined A waiver under this subsection may be issued ity: the treaty can be exposed to the Court’s jurisdic- only if the President at least 15 days in advance (i) Covered United States persons. tion even if the country of the individual peace- of exercising such authority— (ii) Covered allied persons. keeper has not joined the treaty. Thus, the trea- (1) notifies the appropriate congressional com- (iii) Individuals who were covered United ty purports to establish an arrangement where- mittees of the intention to exercise such author- States persons or covered allied persons. by United States armed forces operating over- ity; and (d) TERMINATION OF WAIVER PURSUANT TO seas could be conceivably prosecuted by the (2) determines and reports to the appropriate SUBSECTION (c).—Any waiver or waivers exer- international court even if the United States has congressional committees that the International cised pursuant to subsection (c) of the prohibi- not agreed to be bound by the treaty. Not only Criminal Court has entered into a binding tions and requirements of sections 3004 and 3006 is this contrary to the most fundamental prin- agreement that— shall terminate at any time that a waiver pursu- ciples of treaty law, it could inhibit the ability (A) prohibits the International Criminal Court ant to subsection (a) or (b) of the prohibitions of the United States to use its military to meet from seeking to exercise jurisdiction over the fol- and requirements of sections 3005 and 3007 ex- alliance obligations and participate in multi- lowing persons with respect to actions under- pires and is not extended pursuant to subsection national operations, including humanitarian taken by them in an official capacity: (b). interventions to save civilian lives. Other con- (i) covered United States persons; (e) TERMINATION OF PROHIBITIONS OF THIS tributors to peacekeeping operations will be (ii) covered allied persons; and TITLE.—The prohibitions and requirements of similarly exposed.’’. (iii) individuals who were covered United sections 3004, 3005, 3006, and 3007 shall cease to (6) Notwithstanding these concerns, President States persons or covered allied persons; and apply, and the authority of section 3008 shall Clinton directed that the United States sign the (B) ensures that no person described in sub- terminate, if the United States becomes a party Rome Statute on December 31, 2000. In a state- paragraph (A) will be arrested, detained, pros- to the International Criminal Court pursuant to ment issued that day, he stated that in view of ecuted, or imprisoned by or on behalf of the a treaty made under article II, section 2, clause the unremedied deficiencies of the Rome Statute, International Criminal Court. 2 of the Constitution of the United States. ‘‘I will not, and do not recommend that my suc- (b) AUTHORITY TO EXTEND WAIVER OF SEC- SEC. 3004. PROHIBITION ON COOPERATION WITH cessor submit the Treaty to the Senate for advice TIONS 3005 AND 3007.—The President is author- THE INTERNATIONAL CRIMINAL COURT. and consent until our fundamental concerns are ized to waive the prohibitions and requirements (a) APPLICATION.—The provisions of this satisfied’’. of sections 3005 and 3007 for successive periods of 1 year each upon the expiration of a previous section— (7) Any American prosecuted by the Inter- (1) apply only to cooperation with the Inter- national Criminal Court will, under the Rome waiver pursuant to subsection (a) or this sub- section. A waiver under this subsection may be national Criminal Court and shall not apply to Statute, be denied procedural protections to cooperation with an ad hoc international crimi- which all Americans are entitled under the Bill issued only if the President at least 15 days in advance of exercising such authority— nal tribunal established by the United Nations of Rights to the United States Constitution, Security Council before or after the date of the such as the right to trial by jury. (1) notifies the appropriate congressional com- mittees of the intention to exercise such author- enactment of this Act to investigate and pros- (8) Members of the Armed Forces of the United ity; and ecute war crimes committed in a specific country States should be free from the risk of prosecu- (2) determines and reports to the appropriate or during a specific conflict; and tion by the International Criminal Court, espe- congressional committees that the International (2) shall not prohibit— cially when they are stationed or deployed Criminal Court— (A) any action permitted under section 3008; around the world to protect the vital national (A) remains party to, and has continued to or interests of the United States. The United States abide by, a binding agreement that— (B) communication by the United States of its Government has an obligation to protect the (i) prohibits the International Criminal Court policy with respect to a matter. members of its Armed Forces, to the maximum from seeking to exercise jurisdiction over the fol- (b) PROHIBITION ON RESPONDING TO REQUESTS extent possible, against criminal prosecutions lowing persons with respect to actions under- FOR COOPERATION.—Notwithstanding section carried out by the International Criminal Court. taken by them in an official capacity: 1782 of title 28, United States Code, or any other (9) In addition to exposing members of the (I) covered United States persons; provision of law, no United States Court, and Armed Forces of the United States to the risk of (II) covered allied persons; and no agency or entity of any State or local govern- international criminal prosecution, the Rome (III) individuals who were covered United ment, including any court, may cooperate with Statute creates a risk that the President and States persons or covered allied persons; and the International Criminal Court in response to other senior elected and appointed officials of (ii) ensures that no person described in clause a request for cooperation submitted by the Inter- the United States Government may be pros- (i) will be arrested, detained, prosecuted, or im- national Criminal Court pursuant to the Rome ecuted by the International Criminal Court. prisoned by or on behalf of the International Statute. Particularly if the Preparatory Commission Criminal Court; and (c) PROHIBITION ON TRANSMITTAL OF LETTERS agrees on a definition of the Crime of Aggression (B) has taken no steps to arrest, detain, pros- ROGATORY FROM THE INTERNATIONAL CRIMINAL over United States objections, senior United ecute, or imprison any person described in COURT.—Notwithstanding section 1781 of title States officials may be at risk of criminal pros- clause (i) of subparagraph (A). 28, United States Code, or any other provision of ecution for national security decisions involving (c) AUTHORITY TO WAIVE SECTIONS 3004 AND law, no agency of the United States Government such matters as responding to acts of terrorism, 3006 WITH RESPECT TO AN INVESTIGATION OR may transmit for execution any letter rogatory preventing the proliferation of weapons of mass PROSECUTION OF A NAMED INDIVIDUAL.—The issued, or other request for cooperation made, by destruction, and deterring aggression. No less President is authorized to waive the prohibitions the International Criminal Court to the tri- than members of the Armed Forces of the United and requirements of sections 3004 and 3006 to bunal, officer, or agency in the United States to States, senior officials of the United States Gov- the degree such prohibitions and requirements whom it is addressed. ernment should be free from the risk of prosecu- would prevent United States cooperation with (d) PROHIBITION ON EXTRADITION TO THE tion by the International Criminal Court, espe- an investigation or prosecution of a named indi- INTERNATIONAL CRIMINAL COURT.—Notwith- cially with respect to official actions taken by vidual by the International Criminal Court. A standing any other provision of law, no agency them to protect the national interests of the waiver under this subsection may be issued only or entity of the United States Government or of United States. if the President at least 15 days in advance of any State or local government may extradite (10) Any agreement within the Preparatory exercising such authority— any person from the United States to the Inter- Commission on a definition of the Crime of Ag- (1) notifies the appropriate congressional com- national Criminal Court, nor support the trans- gression that usurps the prerogative of the mittees of the intention to exercise such author- fer of any United States citizen or permanent United Nations Security Council under Article ity; and resident alien to the International Criminal 39 of the charter of the United Nations to ‘‘de- (2) determines and reports to the appropriate Court. termine the existence of any .... act of aggres- congressional committees that— (e) PROHIBITION ON PROVISION OF SUPPORT TO sion’’ would contravene the charter of the (A) a waiver pursuant to subsection (a) or (b) THE INTERNATIONAL CRIMINAL COURT.—Not- United Nations and undermine deterrence. of the prohibitions and requirements of sections withstanding any other provision of law, no (11) It is a fundamental principle of inter- 3005 and 3007 is in effect; agency or entity of the United States Govern- national law that a treaty is binding upon its (B) there is reason to believe that the named ment or of any State or local government, in- parties only and that it does not create obliga- individual committed the crime or crimes that cluding any court, may provide support to the tions for nonparties without their consent to be are the subject of the International Criminal International Criminal Court. bound. The United States is not a party to the Court’s investigation or prosecution; (f) PROHIBITION ON USE OF APPROPRIATED Rome Statute and will not be bound by any of (C) it is in the national interest of the United FUNDS TO ASSIST THE INTERNATIONAL CRIMINAL its terms. The United States will not recognize States for the International Criminal Court’s in- COURT.—Notwithstanding any other provision June 10, 2002 CONGRESSIONAL RECORD — SENATE S5311 of law, no funds appropriated under any provi- of the Rome Statute, or has entered into an bring about the release of any person described sion of law may be used for the purpose of as- agreement in accordance with Article 98 of the in subsection (b) who is being detained or im- sisting the investigation, arrest, detention, ex- Rome Statute preventing the International prisoned by, on behalf of, or at the request of tradition, or prosecution of any United States Criminal Court from proceeding against mem- the International Criminal Court. citizen or permanent resident alien by the Inter- bers of the Armed Forces of the United States (b) PERSONS AUTHORIZED TO BE FREED.—The national Criminal Court. present in that country; or authority of subsection (a) shall extend to the (g) RESTRICTION ON ASSISTANCE PURSUANT TO (3) the national interests of the United States following persons: MUTUAL LEGAL ASSISTANCE TREATIES.—The justify participation by members of the Armed (1) Covered United States persons. United States shall exercise its rights to limit the Forces of the United States in the peacekeeping (2) Covered allied persons. use of assistance provided under all treaties and or peace enforcement operation. (3) Individuals detained or imprisoned for offi- executive agreements for mutual legal assistance SEC. 3006. PROHIBITION ON DIRECT OR INDIRECT cial actions taken while the individual was a in criminal matters, multilateral conventions TRANSFER OF CLASSIFIED NA- covered United States person or a covered allied with legal assistance provisions, and extradition TIONAL SECURITY INFORMATION person, and in the case of a covered allied per- treaties, to which the United States is a party, AND LAW ENFORCEMENT INFORMA- son, upon the request of such government. TION TO THE INTERNATIONAL and in connection with the execution or (c) AUTHORIZATION OF LEGAL ASSISTANCE.— CRIMINAL COURT. issuance of any letter rogatory, to prevent the When any person described in subsection (b) is (a) IN GENERAL.—Not later than the date on transfer to, or other use by, the International arrested, detained, investigated, prosecuted, or which the Rome Statute enters into force, the Criminal Court of any assistance provided by imprisoned by, on behalf of, or at the request of President shall ensure that appropriate proce- the United States under such treaties and letters the International Criminal Court, the President dures are in place to prevent the transfer of rogatory. is authorized to direct any agency of the United classified national security information and law (h) PROHIBITION ON INVESTIGATIVE ACTIVITIES States Government to provide— enforcement information to the International OF AGENTS.—No agent of the International (1) legal representation and other legal assist- Criminal Court for the purpose of facilitating an Criminal Court may conduct, in the United ance to that person (including, in the case of a investigation, apprehension, or prosecution. States or any territory subject to the jurisdiction person entitled to assistance under section 1037 (b) INDIRECT TRANSFER.—The procedures of the United States, any investigative activity of title 10, United States Code, representation adopted pursuant to subsection (a) shall be de- relating to a preliminary inquiry, investigation, and other assistance in the manner provided in signed to prevent the transfer to the United Na- prosecution, or other proceeding at the Inter- that section); tions and to the government of any country that national Criminal Court. (2) exculpatory evidence on behalf of that per- is party to the International Criminal Court of SEC. 3005. RESTRICTION ON UNITED STATES PAR- son; and classified national security information and law TICIPATION IN CERTAIN UNITED NA- (3) defense of the interests of the United enforcement information that specifically relates TIONS PEACEKEEPING OPERATIONS. States through appearance before the Inter- to matters known to be under investigation or (a) POLICY.—Effective beginning on the date national Criminal Court pursuant to Article 18 prosecution by the International Criminal on which the Rome Statute enters into force or 19 of the Rome Statute, or before the courts Court, except to the degree that satisfactory as- pursuant to Article 126 of the Rome Statute, the or tribunals of any country. surances are received from the United Nations President should use the voice and vote of the (d) BRIBES AND OTHER INDUCEMENTS NOT AU- or that government, as the case may be, that United States in the United Nations Security THORIZED.—This section does not authorize the such information will not be made available to Council to ensure that each resolution of the Se- payment of bribes or the provision of other such the International Criminal Court for the pur- curity Council authorizing any peacekeeping incentives to induce the release of a person de- pose of facilitating an investigation, apprehen- operation under chapter VI of the charter of the scribed in subsection (b). United Nations or peace enforcement operation sion, or prosecution. SEC. 3009. ALLIANCE COMMAND ARRANGEMENTS. under chapter VII of the charter of the United (c) CONSTRUCTION.—The provisions of this sec- (a) REPORT ON ALLIANCE COMMAND ARRANGE- Nations permanently exempts, at a minimum, tion shall not be construed to prohibit any ac- MENTS.—Not later than 6 months after the date members of the Armed Forces of the United tion permitted under section 3008. of the enactment of this Act, the President States participating in such operation from SEC. 3007. PROHIBITION OF UNITED STATES MILI- should transmit to the appropriate congressional criminal prosecution or other assertion of juris- TARY ASSISTANCE TO PARTIES TO committees a report with respect to each military diction by the International Criminal Court for THE INTERNATIONAL CRIMINAL COURT. alliance to which the United States is party— actions undertaken by such personnel in con- (a) PROHIBITION OF MILITARY ASSISTANCE.— (1) describing the degree to which members of nection with the operation. Subject to subsections (b) and (c), and effective the Armed Forces of the United States may, in (b) RESTRICTION.—Members of the Armed 1 year after the date on which the Rome Statute the context of military operations undertaken by Forces of the United States may not participate enters into force pursuant to Article 126 of the or pursuant to that alliance, be placed under in any peacekeeping operation under chapter VI Rome Statute, no United States military assist- the command or operational control of foreign of the charter of the United Nations or peace ance may be provided to the government of a military officers subject to the jurisdiction of the enforcement operation under chapter VII of the country that is a party to the International International Criminal Court because they are charter of the United Nations, the creation of Criminal Court. nationals of a party to the International Crimi- which is authorized by the United Nations Secu- (b) NATIONAL INTEREST WAIVER.—The Presi- nal Court; and rity Council on or after the date that the Rome dent may, without prior notice to Congress, (2) evaluating the degree to which members of Statute enters into effect pursuant to Article 126 waive the prohibition of subsection (a) with re- the Armed Forces of the United States engaged of the Rome Statute, unless the President has spect to a particular country if he determines in military operations undertaken by or pursu- submitted to the appropriate congressional com- and reports to the appropriate congressional ant to that alliance may be exposed to greater mittees a certification described in subsection (c) committees that it is important to the national risks as a result of being placed under the com- with respect to such operation. interest of the United States to waive such pro- (c) CERTIFICATION.—The certification referred mand or operational control of foreign military to in subsection (b) is a certification by the hibition. officers subject to the jurisdiction of the Inter- (c) ARTICLE 98 WAIVER.—The President may, President that— national Criminal Court. (1) members of the Armed Forces of the United without prior notice to Congress, waive the pro- (b) DESCRIPTION OF MEASURES TO ACHIEVE States are able to participate in the peace- hibition of subsection (a) with respect to a par- ENHANCED PROTECTION FOR MEMBERS OF THE keeping or peace enforcement operation without ticular country if he determines and reports to ARMED FORCES OF THE UNITED STATES.—Not risk of criminal prosecution or other assertion of the appropriate congressional committees that later than 1 year after the date of the enactment jurisdiction by the International Criminal Court such country has entered into an agreement of this Act, the President should transmit to the because, in authorizing the operation, the with the United States pursuant to Article 98 of appropriate congressional committees a descrip- United Nations Security Council permanently the Rome Statute preventing the International tion of modifications to command and oper- exempted, at a minimum, members of the Armed Criminal court from proceeding against United ational control arrangements within military al- Forces of the United States participating in the States personnel present in such country. liances to which the United States is a party (d) EXEMPTION.—The prohibition of sub- operation from criminal prosecution or other as- that could be made in order to reduce any risks section (a) shall not apply to the government sertion of jurisdiction by the International to members of the Armed Forces of the United of— Criminal Court for actions undertaken by them States identified pursuant to subsection (a)(2). (1) a NATO member country; (c) SUBMISSION IN CLASSIFIED FORM.—The re- in connection with the operation; (2) a major non-NATO ally (including Aus- (2) members of the Armed Forces of the United port under subsection (a), and the description of tralia, Egypt, Israel, Japan, Jordan, Argentina, States are able to participate in the peace- measures under subsection (b), or appropriate the Republic of Korea, and New Zealand); or keeping or peace enforcement operation without parts thereof, may be submitted in classified (3) Taiwan. risk of criminal prosecution or other assertion of form. jurisdiction by the International Criminal Court SEC. 3008. AUTHORITY TO FREE MEMBERS OF SEC. 3010. WITHHOLDINGS. THE ARMED FORCES OF THE UNITED because each country in which members of the STATES AND CERTAIN OTHER PER- Funds withheld from the United States share Armed Forces of the United States participating SONS DETAINED OR IMPRISONED BY of assessments to the United Nations or any in the operation will be present either is not a OR ON BEHALF OF THE INTER- other international organization during any fis- party to the International Criminal Court and NATIONAL CRIMINAL COURT. cal year pursuant to section 705 of the Admiral has not invoked the jurisdiction of the Inter- (a) AUTHORITY.—The President is authorized James W. Nance and Meg Donovan Foreign Re- national Criminal Court pursuant to Article 12 to use all means necessary and appropriate to lations Authorization Act, Fiscal Years 2000 and S5312 CONGRESSIONAL RECORD — SENATE June 10, 2002 2001 (as enacted by section 1000(a)(7) of Public to be exempted from the jurisdiction of the Inter- (A) assistance provided under chapter 2 or 5 Law 106–113; 113 Stat. 1501A–460), are author- national Criminal Court. of part II of the Foreign Assistance Act of 1961 ized to be transferred to the Embassy Security, (4) COVERED UNITED STATES PERSONS.—The (22 U.S.C. 2151 et seq.); or Construction and Maintenance Account of the term ‘‘covered United States persons’’ means (B) defense articles or defense services fur- Department of State. members of the Armed Forces of the United nished with the financial assistance of the SEC. 3011. APPLICATION OF SECTIONS 3004 AND States, elected or appointed officials of the United States Government, including through 3006 TO EXERCISE OF CONSTITU- United States Government, and other persons loans and guarantees, under section 23 of the TIONAL AUTHORITIES. employed by or working on behalf of the United Arms Export Control Act (22 U.S.C. 2763). (a) IN GENERAL.—Sections 3004 and 3006 shall States Government, for so long as the United SEC. 3014. REPEAL OF LIMITATION. not apply to any action or actions with respect States is not a party to the International Crimi- The Department of Defense Appropriations to a specific matter involving the International nal Court. Act, 2002 (division A of Public Law 107–117) is Criminal Court taken or directed by the Presi- (5) EXTRADITION.—The terms ‘‘extradition’’ amended by striking section 8173. dent on a case-by-case basis in the exercise of and ‘‘extradite’’ mean the extradition of a per- SEC. 3015. ASSISTANCE TO INTERNATIONAL EF- the President’s authority as Commander in son in accordance with the provisions of chapter FORTS. Chief of the Armed Forces of the United States 209 of title 18, United States Code, (including Nothing in this title shall prohibit the United under article II, section 2 of the United States section 3181(b) of such title) and such terms in- States from rendering assistance to inter- Constitution or in the exercise of the executive clude both extradition and surrender as those national efforts to bring to justice Saddam Hus- power under article II, section 1 of the United terms are defined in Article 102 of the Rome sein, Slobodan Milosovic, Osama bin Laden, States Constitution. Statute. other members of Al Queda, leaders of Islamic (b) NOTIFICATION TO CONGRESS.— (6) INTERNATIONAL CRIMINAL COURT.—The Jihad, and other foreign nationals accused of (1) IN GENERAL.—Subject to paragraph (2), not term ‘‘International Criminal Court’’ means the genocide, war crimes or crimes against human- later than 15 days after the President takes or court established by the Rome Statute. ity. directs an action or actions described in sub- (7) MAJOR NON-NATO ALLY.—The term ‘‘major TITLE IV—MAIL DELIVERY IN ALASKA section (a) that would otherwise be prohibited non-NATO ally’’ means a country that has been under section 3004 or 3006, the President shall so designated in accordance with section 517 of SEC. 4001. RURAL SERVICE IMPROVEMENT. submit a notification of such action to the ap- the Foreign Assistance Act of 1961. (a) SHORT TITLE.—This title may be cited as the ‘‘Rural Service Improvement Act of 2002’’. propriate congressional committees. A notifica- (8) PARTICIPATE IN ANY PEACEKEEPING OPER- (b) FINDINGS.—Congress makes the following tion under this paragraph shall include a de- ATION UNDER CHAPTER VI OF THE CHARTER OF findings: scription of the action, a determination that the THE UNITED NATIONS OR PEACE ENFORCEMENT OP- (1) The State of Alaska is the largest State in action is in the national interest of the United ERATION UNDER CHAPTER VII OF THE CHARTER OF the Union and has a very limited system of States, and a justification for the action. THE UNITED NATIONS.—The term ‘‘participate in roads connecting communities. (2) EXCEPTION.—If the President determines any peacekeeping operation under chapter VI of (2) Alaska has more pilots per capita than any that a full notification under paragraph (1) the charter of the United Nations or peace en- other State in the Union. could jeopardize the national security of the forcement operation under chapter VII of the (3) Pilots flying in Alaska are often the most United States or compromise a United States law charter of the United Nations’’ means to assign skilled and best-prepared pilots in the world. enforcement activity, not later than 15 days members of the Armed Forces of the United (4) Air travel within the State of Alaska is after the President takes or directs an action or States to a United Nations military command often hampered by severe weather conditions actions referred to in paragraph (1) the Presi- structure as part of a peacekeeping operation dent shall notify the appropriate congressional and treacherous terrain. under chapter VI of the charter of the United (5) The United States Government owns near- committees that an action has been taken and a Nations or peace enforcement operation under ly 2⁄3 of Alaska’s landmass, including large determination has been made pursuant to this chapter VII of the charter of the United Nations paragraph. The President shall provide a full tracts of land separating isolated communities in which those members of the Armed Forces of within the State. notification under paragraph (1) not later than the United States are subject to the command or 15 days after the reasons for the determination (6) Such Federal ownership has inhibited the operational control of one or more foreign mili- ability of Alaskans to build roads connecting under this paragraph no longer apply. tary officers not appointed in conformity with (c) CONSTRUCTION.—Nothing in this section isolated communities. article II, section 2, clause 2 of the Constitution (7) Most communities and a large portion of shall be construed as a grant of statutory au- of the United States. thority to the President to take any action. the population within the State can only be (9) PARTY TO THE INTERNATIONAL CRIMINAL reached by air. SEC. 3012. NONDELEGATION. COURT.—The term ‘‘party to the International (8) The vast majority of food items and every- The authorities vested in the President by sec- Criminal Court’’ means a government that has day necessities destined for these isolated com- tions 3003 and 3011(a) may not be delegated by deposited an instrument of ratification, accept- munities and populations can only be trans- the President pursuant to section 301 of title 3, ance, approval, or accession to the Rome Stat- ported through the air. United States Code, or any other provision of ute, and has not withdrawn from the Rome (9) The Intra-Alaska Bypass Mail system, cre- law. The authority vested in the President by Statute pursuant to Article 127 thereof. ated by Congress and operated by the United section 3005(c)(3) may not be delegated by the (10) PEACEKEEPING OPERATION UNDER CHAPTER States Postal Service under section 5402 of title President pursuant to section 301 of title 3, VI OF THE CHARTER OF THE UNITED NATIONS OR 39, United States Code, with input from the De- United States Code, or any other provision of PEACE ENFORCEMENT OPERATION UNDER CHAPTER partment of Transportation, connecting hun- law to any official other than the Secretary of VII OF THE CHARTER OF THE UNITED NATIONS.— dreds of rural and isolated communities within Defense, and if so delegated may not be subdele- The term ‘‘peacekeeping operation under chap- the State, is a critical piece of the Alaska and gated. ter VI of the charter of the United Nations or the national transportation system. The system SEC. 3013. DEFINITIONS. peace enforcement operation under chapter VII is like a 4-legged stool, designed to— As used in this title and in section 706 of the of the charter of the United Nations’’ means (A) provide the most affordable means of de- Admiral James W. Nance and Meg Donovan any military operation to maintain or restore livering food and everyday necessities to these Foreign Relations Authorization Act, Fiscal international peace and security that— rural and isolated communities; Years 2000 and 2001: (A) is authorized by the United Nations Secu- (B) establish a system whereby the Postal (1) APPROPRIATE CONGRESSIONAL COMMIT- rity Council under chapter VI or VII of the Service can meet its obligations to deliver mail to TEES.—The term ‘‘appropriate congressional charter of the United Nations; and every house and business in America; committees’’ means the Committee on Inter- (B) is paid for from assessed contributions of (C) support affordable and reliable passenger national Relations of the House of Representa- United Nations members that are made available service; and tives and the Committee on Foreign Relations of for peacekeeping or peace enforcement activi- (D) support affordable and reliable nonmail the Senate. ties. freight service. (2) CLASSIFIED NATIONAL SECURITY INFORMA- (11) ROME STATUTE.—The term ‘‘Rome Stat- (10) Without the Intra-Alaska Bypass Mail TION.—The term ‘‘classified national security in- ute’’ means the Rome Statute of the Inter- system— formation’’ means information that is classified national Criminal Court, adopted by the United (A) it would be difficult and more expensive or classifiable under Executive Order 12958 or a Nations Diplomatic Conference of Plenipotentia- for the Postal Service to meet its obligation of successor Executive order. ries on the Establishment of an International delivering mail to every house and business in (3) COVERED ALLIED PERSONS.—The term ‘‘cov- Criminal Court on July 17, 1998. America; and ered allied persons’’ means military personnel, (12) SUPPORT.—The term ‘‘support’’ means as- (B) food, medicine, freight, and everyday ne- elected or appointed officials, and other persons sistance of any kind, including financial sup- cessities and passenger service for these rural employed by or working on behalf of the govern- port, transfer of property or other material sup- and isolated communities would cost several ment of a NATO member country, a major non- port, services, intelligence sharing, law enforce- times the current level. NATO ally (including Australia, Egypt, Israel, ment cooperation, the training or detail of per- (11) Attempts by Congress to support pas- Japan, Jordan, Argentina, the Republic of sonnel, and the arrest or detention of individ- senger and nonmail freight service in Alaska Korea, and New Zealand), or Taiwan, for so uals. using the Intra-Alaska Bypass Mail system have long as that government is not a party to the (13) UNITED STATES MILITARY ASSISTANCE.— yielded some positive results, but some carriers International Criminal Court and wishes its of- The term ‘‘United States military assistance’’ have been manipulating the system by carrying ficials and other persons working on its behalf means— few, if any, passengers and little nonmail June 10, 2002 CONGRESSIONAL RECORD — SENATE S5313 freight while earning most of their revenues ‘‘(A) certified under part 121; (B) by striking the period at the end of sub- from the carriage of nonpriority bypass mail. ‘‘(B) qualified to provide mainline nonpriority paragraph (B) and inserting a semicolon; and (12) As long as the Federal Government con- bypass mail service; and (C) by adding at the end the following: tinues to own large tracts of land within the ‘‘(C) actually engaged in the carriage of main- ‘‘(C) shall offer a bush passenger carrier pro- State of Alaska which impedes access across line nonpriority bypass mail through scheduled viding service on a route between an acceptance these lands to connect isolated communities, it is service within the State of Alaska; point and a hub not served by a mainline carrier in the best interest of the Postal Service, the ‘‘(11) the term ‘freight service’ means the the opportunity to receive equitable tender of residents of Alaska and the United States— transport of cargo that otherwise cannot be car- nonpriority bypass mail at mainline service (A) to ensure that the Intra-Alaska Bypass ried on a qualified passenger aircraft because rates when a mainline carrier begins serving Mail system remains strong, viable, and afford- of— that route if the bush passenger carrier— able for the Postal Service; ‘‘(A) size or weight restrictions imposed on the ‘‘(i) meets the requirements of paragraph (1); (B) to ensure that residents of rural and iso- aircraft or carrier providing the service; or ‘‘(ii) provided at least 20 percent of the pas- lated communities in Alaska continue to have ‘‘(B) prohibitions on the carriage of pas- senger service (as calculated in subsection affordable, reliable, and safe passenger service; sengers and hazardous materials on the same (h)(5)) between such city pair for the 6 months (C) to ensure that residents of rural and iso- flight; immediately preceding the date on which the lated communities in Alaska continue to have ‘‘(12) the term ‘mainline carrier’ means a car- bush carrier seeks such tender; and affordable, reliable, and safe nonmail freight rier operating aircraft under part 121 and cer- ‘‘(iii) continues to provide not less than 20 service; tificated within the payload capacity require- percent of the passenger service on the city pair (D) to encourage that intra-Alaska air car- ments of subsection (g)(1)(D)(ii) on a given city while seeking such tender; riers move toward safer, more secure, and more pair route; ‘‘(D) shall offer bush passenger carriers and reliable air transportation under the Federal ‘‘(13) the term ‘mainline route’ means a city nonmail freight carriers the opportunity to re- Aviation Administration’s guidelines and in ac- pair in which a mainline carrier is tendered ceive equitable tender of nonpriority bypass mail cordance with part 121 of title 14, Code of Fed- nonpriority bypass mail; at mainline service rates from a hub point to a eral Regulations, where such operations are ‘‘(14) the term ‘new’, when referencing a car- destination city if the city pair is also being supported by the needs of the community; and rier, means a carrier that— served by a mainline carrier and— (E) that Congress, pursuant to the authority ‘‘(A) meets the respective requirements of sub- ‘‘(i) for a passenger carrier— granted under Article I, section 8 of the United section (g)(1)(D)(i) or (ii), depending on the type ‘‘(I) the carrier meets the requirements of States Constitution to establish Post Offices and of route being served and the size of aircraft paragraph (1); post roads, make changes to ensure that the being used to provide service; and ‘‘(II) the carrier provided at least 20 percent of Intra-Alaska Bypass Mail system continues to ‘‘(B) began providing nonpriority bypass mail the passenger service (as calculated in sub- be used to support substantial passenger and service on a city pair route within the State of section (h)(5)) on the city pair route for the 6 nonmail freight service and to reduce costs for Alaska after January 1, 2001; months immediately preceding the date on the Postal Service. ‘‘(15) the term ‘part 121’ means part 121 of title which the carrier seeks such tender; and (c) SELECTION OF CARRIERS OF NONPRIORITY 14, Code of Federal Regulations; ‘‘(III) the carrier continues to provide not less BYPASS MAIL TO CERTAIN POINTS IN ALASKA.— ‘‘(16) the term ‘part 135’ means part 135 of title than 20 percent of the passenger service on the (1) DEFINITIONS.—Section 5402 of title 39, 14, Code of Federal Regulations; route; or United States Code, is amended— ‘‘(17) the term ‘scheduled service’ means— ‘‘(ii) for a nonmail freight carrier— (A) by striking subsection (e); ‘‘(A) flights are operated in common carriage ‘‘(I) the carrier meets the requirements of (B) by redesignating subsections (a) through available to the general public under a pub- paragraph (1); and (d) as subsections (b) through (e), respectively; lished schedule; ‘‘(II) the carrier provided at least 25 percent of and ‘‘(B) flight schedules are announced in ad- the nonmail freight service (as calculated in (C) by inserting before subsection (b), as re- vance to the general public in systems specified subsection (i)(6)) on the city pair route for the designated, the following: by the Postal Service, in addition to the Official 6 months immediately preceding the date on ‘‘(a) In this section— Airline Guide or the air cargo equivalent of that which the carrier seeks such tender; ‘‘(1) the term ‘acceptance point’ means the Guide; ‘‘(E)(i) shall not offer equitable tender of non- point at which nonpriority bypass mail origi- ‘‘(C) flights depart whether full or not; and priority mainline bypass mail at mainline rates nates; ‘‘(D) customers contract for carriage sepa- to a bush carrier operating from an acceptance ‘‘(2) the terms ‘air carrier’, ‘interstate air rately on a regular basis; point to a hub point, except as described in sub- transportation’, and ‘foreign air transportation’ ‘‘(18) the term ‘Secretary’ means the Secretary paragraph (C); and have the meanings given such terms in section of Transportation; ‘‘(ii) may tender nonpriority bypass mail at 40102(a) of title 49, U.S.C.; ‘‘(19) the term ‘121 bush passenger carrier’ bush rates to a bush carrier if the Postal Service ‘‘(3) the term ‘base fare’ is the fare paid to the means a bush passenger carrier providing pas- determines that— carrier issuing the passenger ticket or carrying senger service on bush routes under part 121; ‘‘(I) the bush carrier meets the requirements of nonmail freight which may entail service being ‘‘(20) the term ‘121 mainline passenger carrier’ paragraph (1); provided by more than 1 carrier; means a mainline carrier providing passenger ‘‘(II) the service to be provided on such route ‘‘(4) the term ‘bush carrier’ means a carrier service through scheduled service on routes by the bush carrier is not otherwise available operating aircraft certificated within the pay- under part 121; through direct mainline service; and load capacity requirements of subsection ‘‘(21) the term ‘121 passenger aircraft’ means ‘‘(III) tender of mail to such bush carrier will (g)(1)(D)(i) on a city pair route; an aircraft flying passengers on a city pair not decrease the efficiency of nonpriority bypass ‘‘(5) the term ‘bush passenger carrier’ means a route that is operated under part 121; mail service (in terms of payments to all carriers passenger carrier that meets the requirements of ‘‘(22) the term ‘121 passenger carrier’ means a providing service on the city pair route and subsection (g)(1)(D)(i) and provides passenger passenger carrier that provides scheduled serv- timely delivery) for the route; service on a city pair route; ice under part 121; ‘‘(F) may offer tender of nonpriority bypass ‘‘(6) the term ‘bush route’ means an air route ‘‘(23) the term ‘135 bush passenger carrier’ mail to a passenger carrier from an acceptance in which only a bush carrier is tendered nonpri- means a bush passenger carrier providing pas- point to a destination city beyond a hub point ority bypass mail between the origination point, senger service through scheduled service on at a composite rate if the Postal Service deter- being either an acceptance point or a hub, as bush routes under part 135; and mines that— determined by the Postal Service, and the des- ‘‘(24) the term ‘135 passenger carrier’ means a ‘‘(i) the carrier provides passenger service in tination city; passenger carrier that provides scheduled serv- accordance with the requirements of subsection ‘‘(7) the term ‘city pair’ means service between ice under part 135.’’. (h)(2); an origin and destination city pair; (2) REQUIREMENTS FOR SELECTION.—Section ‘‘(ii) the carrier qualifies under subsection (h) ‘‘(8) the term ‘composite rate’— 5402(g)(1) of title 39, United States Code, is to be tendered nonpriority bypass mail out of ‘‘(A) means a combination of mainline and amended— the hub point being bypassed; bush rates paid to a bush carrier for a direct (A) in the matter preceding subparagraph (A), ‘‘(iii) the tender of such mail will not decrease flight from an acceptance point to a bush des- by inserting after ‘‘in the State of Alaska,’’ the efficiency of delivery of nonpriority bypass mail tination beyond a hub point; and following: ‘‘shall adhere to an equitable tender service into or out of the hub point being by- ‘‘(B) shall be based on the mainline rate paid policy within a qualified group of carriers, in passed; and to the hub, plus the lowest bush rate paid to accordance with the regulations of the Postal ‘‘(iv) such tender will result in reduced pay- bush carriers in the State of Alaska; Service, and’’; ments to the carrier by the Postal Service over ‘‘(9) the term ‘equitable tender’ means the (B) in subparagraph (C) by striking ‘‘to the flying the entire route; and practice of the Postal Service of equitably dis- best’’ and all that follows and inserting a semi- ‘‘(G) notwithstanding subparagraph (F), shall tributing mail on a fair and reasonable basis be- colon; and offer equitable tender of nonpriority mail in pro- tween those air carriers that offer equivalent (C) in subparagraph (D) by inserting ‘‘with at portion to passenger and nonmail freight mail services and costs between 2 communities in ac- least 3 scheduled (noncontract) flights per week pools described in this section between qualified cordance with the regulations of the Postal between two points’’ after ‘‘scheduled service’’. passenger and nonmail freight carriers on a Service; (3) APPLICATION OF RATES.—Section 5402(g)(2) route from an acceptance point to a bush des- ‘‘(10) the term ‘existing mainline carrier’ of title 39, United States Code, is amended— tination at a composite rate if— means a mainline carrier (as defined in this sec- (A) by striking ‘‘and’’ at the end of subpara- ‘‘(i)(I) for a passenger carrier, the carrier re- tion) that on January 1, 2001, was— graph (A); ceiving the composite rate provided 20 percent of S5314 CONGRESSIONAL RECORD — SENATE June 10, 2002 the passenger service on the city pair route for ‘‘(ii) no 121 mainline passenger carrier serves ‘‘(ii) submit a part 121 compliance statement the 12 months immediately preceding the date on that city pair route. not later than 4 years after the 121 passenger which the carrier seeks tender of such mail; or ‘‘(D) A carrier operating under a code share aircraft begins carrying nonpriority bypass mail ‘‘(II) for a nonmail freight carrier, the carrier agreement on the date of enactment of the Rural on that route. receiving the composite rate provided at least 25 Service Improvement Act of 2002 that received ‘‘(B) Completion of conversion under subpara- percent of the nonmail freight service for the 12 tender of nonpriority mainline bypass mail on a graph (A) shall not be required if all 121 pas- months immediately preceding the date on city pair route may count the passenger service senger carriers discontinue the carriage of non- which the carrier seeks tender of such mail; and provided under the entire code share arrange- priority bypass mail with 121 passenger aircraft ‘‘(ii)(I) nonpriority mail was being tendered to ment on such route if the code share agreement on the city pair route. a passenger carrier or a nonmail freight carrier terminates. That carrier shall continue to pro- ‘‘(C) Any qualified carrier operating in the at a composite rate on such city pair route on vide at least 20 percent of the passenger service State of Alaska under this section may request January 1, 2000; or (as determined for bush passenger carriers in a waiver from subparagraph (A). Such a re- ‘‘(II) the hub being bypassed was not served subsection (h)(5)) between the city pair as a 121 quest, at the discretion of the Secretary, may be by a mainline carrier on January 1, 2000. mainline passenger carrier while seeking such granted for good cause shown. The requesting The tender of nonpriority bypass mail under tender. party shall state the basis for such a waiver. subparagraph (G) shall be on an equitable basis ‘‘(6)(A) Notwithstanding subsection (g)(1)(B), ‘‘(D) If 6 years and 3 months after the date of between the qualified carriers that provide the passenger carriers providing Essential Air Serv- enactment of the Rural Service Improvement Act direct service on the city pair route and the ice under a Department of Transportation order of 2002, a 135 passenger carrier is providing serv- qualified carriers that provide service between issued under subchapter II of chapter 417 of title ice on a city pair route and a 121 passenger air- the hub point being bypassed and the destina- 49, U.S.C., shall be tendered all nonpriority craft becomes eligible to receive tender of non- tion point, based on the volume of nonpriority mail, in addition to all nonpriority bypass mail, priority bypass mail on that route, that 135 pas- bypass mail on both routes.’’. by the Postal Service to destination cities served senger carrier shall convert to operations under (4) SELECTION OF CARRIERS TO HUB POINTS.— by the Essential Air Service flights consistent part 121 within 12 months of the 121 passenger Section 5402(g) of title 39, United States Code, is with that order unless the Postal Service finds carrier being tendered nonpriority bypass mail. amended by adding at the end the following: that the Essential Air Service carrier’s service The Postal Service shall not continue the tender ‘‘(4)(A) Except as provided under subpara- does not meet the needs of the Postal Service. of nonpriority bypass mail to a 135 passenger graph (B) and paragraph (5), the Postal Service ‘‘(B) Service provided under this paragraph, carrier that fails to convert to part 121 oper- shall select only existing mainline carriers to including service provided to points served in ations within 12 months after the 121 passenger provide nonpriority bypass mail service between conjunction with service being subsidized under carrier being tendered such mail under this an acceptance point and a hub point in the the Essential Air Service contract, may not be paragraph. State of Alaska. applied toward any of the minimum eligibility ‘‘(E) Notwithstanding the requirements of this ‘‘(B) The Postal Service may select a carrier requirements of this section.’’. subsection, if only 1 passenger carrier or aircraft other than an existing mainline carrier to pro- (5) SELECTION OF CARRIERS TO BUSH POINTS.— is qualified to be tendered nonpriority bypass vide nonpriority bypass mail service on a main- Section 5402 of title 39, United States Code, is mail as a passenger carrier or aircraft on a city line route in the State of Alaska if— amended by adding at the end the following: pair route, the Postal Service shall tender 20 ‘‘(i) the Postal Service determines (in accord- ‘‘(h)(1) Except as provided under paragraph percent of the nonpriority bypass mail described ance with criteria established in advance by the (7), on a given city pair route, the Postal Service under paragraph (1) to the passenger carrier or Postal Service) that the mail service between the shall offer equitable tender of 70 percent of the aircraft providing the next highest level of pas- acceptance point and the hub point is deficient nonpriority bypass mail on that route to all car- senger service on such route. and provides written notice of the determination riers providing scheduled passenger service in ‘‘(4) Qualification for the tender of mail under to existing mainline carriers to the hub point; accordance with part 121 or part 135 that— this subsection shall not be counted toward the and ‘‘(A) meet the requirements of subsection minimum qualifications necessary to be tendered ‘‘(ii) after the 30-day period following (g)(1); nonpriority bypass mail on any other route. ‘‘(B) provided 20 percent or more of the pas- issuance of notice under clause (i), including ‘‘(5)(A)(i) In this section, the percent of the senger service (as calculated in paragraph (5)) notice of inadequate capacity, the Postal Service passenger service shall be calculated using the between the city pair for the 12 months pre- determines that deficiencies in service to the hub data described under clause (ii). To ensure ac- ceding the date on which the 121 passenger air- point have not been eliminated. curate reporting of market share the Postal ‘‘(5)(A) The Postal Service shall offer equi- craft or the 135 passenger carrier seek tender of Service shall compare the resulting percentage table tender of nonpriority bypass mail to a new nonpriority bypass mail; and to the data collected under subsection (k). Any ‘‘(C) meet the requirements of paragraph (2). carrier purposefully falsifying data or signifi- 121 mainline passenger carrier entering a main- ‘‘(2) To remain eligible for equitable tender cantly misstating market share in an attempt to line route in the State of Alaska, if that under this subsection, the carrier or aircraft qualify for tender of nonpriority bypass mail carrier— shall— ‘‘(i) meets the requirements of subsection ‘‘(A) continue to provide not less than 20 per- may be subject to penalties described in sub- (g)(1)(D)(ii); and cent of the passenger service on the city pair section (o). ‘‘(ii) The Postal Service shall calculate the ‘‘(ii) has provided at least 50 percent of the route for which the carrier is seeking the tender percent of passenger service provided by a car- number of insured passenger seats as the num- of such nonpriority bypass mail; ber of available passenger seats being provided ‘‘(B)(i) for operations under part 121, operate rier on a city pair route by calculating the lesser by the mainline passenger carrier providing the aircraft type certificated to carry at least 19 pas- of— ‘‘(I) the amount of the passenger excise tax greatest number of available passenger seats on sengers; that route for the 6 months immediately pre- ‘‘(ii) for operations under part 135, operate paid by or on behalf of a carrier, as determined ceding the date on which such carrier seeks ten- aircraft type certificated to carry at least 5 pas- by reviewing the collected amount of base fares der. sengers; or for passengers actually flown by a carrier from ‘‘(B) A new 121 mainline passenger carrier ‘‘(iii) for operations under part 135 where only the origination point to the destination point, that is tendered nonpriority mainline bypass a water landing is available, operate aircraft divided by the value of the total passenger ex- mail under subparagraph (A)— type certificated to carry at least 3 passengers; cise taxes, as determined by reviewing the col- ‘‘(i) shall be eligible for equitable tender of ‘‘(C) insure all available passenger seats on lected amount of base fares paid by or on behalf such mail only on city pair routes where the the city pair route on which the carrier seeks of all passenger carriers providing service from carrier meets the conditions of subparagraph tender of such mail; and the hub point to the bush destination point; or (A); ‘‘(D) operate flights under its published sched- ‘‘(II) the amount of half of the passenger ex- ‘‘(ii) may not count the passenger service pro- ule. cise tax paid by or on behalf of a carrier, as de- vided under subparagraph (A) toward the car- ‘‘(3)(A) Except as provided under subpara- termined by reviewing the collected amount of rier meeting the minimum requirements of this graph (E), if a 135 passenger carrier serves a base fares for passengers actually flown by a section; and city pair route and meets the requirements of carrier on the city pair route, divided by the ‘‘(iii) shall provide at least 20 percent of the paragraph (1) or (2) when a 121 passenger car- value of the total passenger excise taxes, as de- passenger service (as determined for bush pas- rier becomes qualified to be tendered nonpriority termined by reviewing the collected amount of senger carriers in subsection (h)(5)) on such bypass mail on such route with a 121 passenger base fares paid by or on behalf of all passenger route to remain eligible to be tendered nonpri- aircraft in accordance with paragraphs (1) and carriers providing service between the origina- ority mainline bypass mail. (2), the qualifying 135 passenger carriers on that tion point and the destination point. ‘‘(C) Notwithstanding paragraphs (1)(B) and route shall convert to operations with a 121 pas- ‘‘(B) For the purposes of calculating pas- (5)(A), a new 121 mainline passenger carrier, senger aircraft within 5 years after the 121 pas- senger service as described under subparagraph otherwise qualified under this subsection, may senger aircraft begins receiving tender on that (A), a bush passenger carrier providing intervil- immediately receive equitable tender of nonpri- route in order to remain eligible for equitable lage bush passenger service may include the car- ority mainline bypass mail to a hub point if it tender under paragraph (1). The 135 carrier riage of passengers carried along any point of meets the requirements of subsections (g)(1) (A), shall— the route between the route’s origination point (C), and (D) and (h)(2)(B) and— ‘‘(i) begin the process of conversion not later and the final destination point. Such calcula- ‘‘(i) all qualified 121 mainline passenger car- than 2 years after the 121 passenger aircraft be- tion shall be based only on the carriage of pas- riers discontinue service on that city pair route; gins carrying nonpriority bypass mail on that sengers on regularly scheduled flights and only or route; and on flights being flown in a direction away from June 10, 2002 CONGRESSIONAL RECORD — SENATE S5315 the hub point. Passenger service provided on determined by reviewing the collected amount of ‘‘(k)(1) Not less than every 2 years, in con- chartered flights shall not be included in the base fares for nonmail freight actually flown by junction with annual updates, the Secretary carrier’s calculation of passenger service. a carrier on the city pair route, divided by the shall review the need for a bush mail rate inves- ‘‘(6)(A) The Secretary shall establish new value of the total nonmail freight excise taxes, tigation. The Secretary shall use show cause bush rates for passenger carriers receiving ten- as determined by reviewing the collected amount procedures to speedily and more accurately de- der of nonpriority bypass mail under this sub- of base fares paid by or on behalf of all nonmail termine the cost of providing bush mail service. section. freight carriers providing service on the city pair In determining such rates, the Secretary shall ‘‘(B) The Secretary shall establish a bush rate route. not take into account the cost of passenger in- based on data collected under subsection (k) ‘‘(B) To ensure accurate reporting of market surance rates or premiums paid by the passenger from 121 bush passenger carriers. Such rates share the Postal Service shall compare the re- carriers or other costs associated with passenger shall be paid to all bush passenger carriers oper- sulting percentage under subparagraph (A) to service. ating on city pair routes where a 121 bush pas- the percent of nonmail freight carried on a city ‘‘(2) In order to assure sufficient, reliable, and senger carrier is tendered nonpriority bypass pair route as calculated from data provided pur- timely traffic data to meet the requirements of mail. suant to subsection (k), by dividing the revenue this subsection, the Secretary shall require— ‘‘(C) The Secretary shall establish a bush rate of, or weight of (as determined by the Postal ‘‘(A) the monthly submission of the bush car- based on data collected under subsection (k) Service), nonmail freight earned by or carried by rier’s data on T–100 diskettes, or any other suit- from 135 bush passenger carriers. Such rates a carrier from the transport of nonmail freight able form of data collection, as determined by shall be paid to all bush passenger carriers oper- from an origination point to a destination point the Secretary; and ating on city pair routes where no 121 bush pas- by the total amount of revenue earned, or the ‘‘(B) the carriers to retain all books, records, senger carrier is tendered nonpriority bypass weight of, nonmail freight carried (as deter- and other source and summary documentation mail. mined by the Postal Service) by all carriers from to support their reports and to preserve and ‘‘(D) The Secretary shall establish a bush rate the transport of nonmail freight from the origi- maintain such documentation in a manner that based on data collected under subsection (k) nation point to the destination point. Any car- readily permits the audit and examination by from bush passenger carriers operating aircraft rier purposefully falsifying data or significantly representatives of the Postal Service or the Sec- on city pair routes where only water landings misstating market share in an attempt to qualify retary. are available. Such rates shall be paid to all for tender of nonpriority bypass mail may be ‘‘(3) Documentation under paragraph (2) shall bush passenger carriers operating on the city subject to penalties described in subsection (o). be retained for 7 years or until the Secretary in- pair routes where only water landings are avail- ‘‘(7) The percentage rate in paragraph (1) dicates that the records may be destroyed. Cop- able. shall be 25 percent 3 years and 3 months after ‘‘(7) The percentage rate in paragraph (1) ies of flight logs for aircraft sold or disposed of the date of enactment of the Rural Service Im- shall be retained. shall be 75 percent 3 years and 3 months after provement Act of 2002. the date of enactment of the Rural Service Im- ‘‘(4) Carriers qualified to be tendered nonpri- ‘‘(j)(1) Except as provided by paragraph (3), ority bypass mail shall submit to the Secretary provement Act of 2002. there shall be equitable tender of 10 percent of ‘‘(i)(1) Except as provided under paragraph the number and type of aircraft in the carrier’s the nonpriority bypass mail to all carriers on fleet, the level of passenger insurance covering (7), on a given city pair route, the Postal Service each city pair route meeting the requirements of its fleet, and the name of the insurance com- shall offer equitable tender of 20 percent of the subsection (g)(1) that do not otherwise qualify nonpriority bypass mail on such route to those pany providing such coverage. for tender under subsection (h) or (i). ‘‘(5) Not later than 30 days after the last day carriers transporting 25 percent or more of the ‘‘(2) If no carrier qualifies under this sub- of each calendar month, carriers shall report to total nonmail freight (in revenue or weight as section with respect to a city pair route, the 10 the Secretary the excise taxes paid by city pair determined by the Postal Service), for the 12 percent of nonpriority bypass mail allocated to the Department of the Treasury and the months immediately preceding the date on under paragraph (1) shall be divided evenly be- weight of and revenue earned by the carriage of which the freight carrier seeks tender of nonpri- tween the pools described under subsections (h) nonmail freight. Final compiled data shall be ority bypass mail. and (i) to be equitably tendered among qualified made available to carriers providing service in ‘‘(2) To remain eligible for equitable tender carriers under such subsections, such that— under this subsection, a freight carrier shall ‘‘(A) the amount of nonpriority bypass mail the hub. continue to provide not less than 25 percent of available for tender among qualified carriers ‘‘(l) No qualified carrier may be tendered non- the nonmail freight service on the city pair under subsection (h) shall be 75 percent; and priority bypass mail under subsections (h) and route for which the carrier is seeking tender of ‘‘(B) the amount of nonpriority bypass mail (i) simultaneously on a route unless no other such mail. available for tender among qualified carriers carrier is tendered mail under either subsection. ‘‘(3) If a new freight carrier enters a market, under subsection (i) shall be 25 percent. ‘‘(m)(1) Carriers qualifying for tender under that freight carrier shall meet the minimum re- ‘‘(3)(A) Except as provided by subparagraph subsections (h) and (i) simultaneously shall be quirements of subsection (g)(1) and shall operate (B), the percentage rate under paragraph (1) tendered nonpriority bypass mail under sub- for 12 months on a given city pair route before shall be 0 percent 3 years and 3 months after the section (h). being eligible for equitable tender of nonpriority date of enactment of the Rural Service Improve- ‘‘(2) A carrier shall be tendered nonpriority bypass mail on that route. ment Act of 2002. bypass mail under subsection (i) if that carrier— ‘‘(4) If no carrier qualifies for tender of non- ‘‘(B) The percentage rate under paragraph (1) ‘‘(A) was qualified under both subsections (h) priority bypass mail under this subsection, such shall remain 10 percent for equitable tender for and (i) simultaneously; and mail to be divided under this subsection, as de- 6 years and 3 months after the date of enact- ‘‘(B) becomes unqualified under subsection (h) scribed in paragraph (1), shall be tendered to ment of the Rural Service Improvement Act of but remains qualified under subsection (i). the nonmail freight carrier providing the highest 2002 for a nonpriority bypass mail carrier on ‘‘(n)(1) A carrier operation resulting from a percentage of nonmail freight service (in terms bush routes originating from the main hub of merger or acquisition between any 2 carriers op- of revenue or weight as determined by the Post- the carrier designated under subparagraph (C), erating between points in Alaska shall have the al Service as calculated under paragraph (6)) on if the carrier seeking the tender of such mail— passenger and nonmail freight of all such the city pair route. If no nonmail freight carrier ‘‘(i) meets the requirements of subsection merged or acquired carriers on the applicable is present on a route to receive tender of nonpri- (g)(1); route counted toward meeting the resulting car- ority bypass mail under this paragraph, the ‘‘(ii) is not qualified under subsection (h) or rier’s minimum requirements to receive equitable nonpriority bypass mail to be divided under (i); tender of nonpriority bypass mail on such route paragraph (1) shall be divided equitably among ‘‘(iii) operates routes originating from the for the 12-month period following the merger or carriers qualified under subsection (h). main hub of the carrier designated under sub- acquisition. ‘‘(5) Qualification for the tender of mail under paragraph (C); and ‘‘(2) After the 12-month period described this subsection shall not be counted toward the ‘‘(iv) has invested at least $500,000 in a phys- under paragraph (1), the carrier resulting from minimum qualifications necessary to be tendered ical hanger facility prior to January 1, 2002 in the merger or acquisition shall demonstrate that nonpriority bypass mail on any other route. such a hub city. the carrier meets the minimum passenger or ‘‘(6)(A) In this subsection, the percent of ‘‘(C) For purposes of subparagraph (B), a car- nonmail freight carriage requirements of this nonmail freight shall be determined by calcu- rier may designate only one hub city as its main section to continue receiving tender of such lating the lesser of— hub and once such designation is transmitted to mail. ‘‘(i) the amount of the freight excise tax paid the Postal Service it may not be changed. Such ‘‘(o) In addition to any penalties applied to a by or on behalf of a carrier, as determined by re- selection and transmission must be transmitted carrier by the Federal Aviation Administration viewing the collected amount of base fares for to the Postal Service within 6 months of the date or the Secretary, any carrier that significantly nonmail freight actually flown by a carrier from of enactment of the Rural Service Improvement misstates passenger or nonmail freight data re- the origination point to the destination point, Act of 2002. A carrier attempting to receive ten- quired to be reported under this section on any divided by the value of the total nonmail freight der of nonpriority bypass mail under this sub- route, in an attempt to qualify for tender of excise taxes, as determined by reviewing the col- section shall not be eligible for such tender after nonpriority bypass mail, shall receive— lected amount of base fares paid by or on behalf the carrier becomes qualified for tender of non- ‘‘(1) a 1-month suspension of tender of nonpri- of all nonmail freight carriers providing service priority bypass mail under subsection (h) or (i) ority bypass mail on the route where the data from the origination point to the destination on any route. The purchase of another carrier’s was misstated for the first offense; point; or hanger facility after such date of enactment ‘‘(2) a 6-month suspension of tender of nonpri- ‘‘(ii) the amount of half of the nonmail freight shall not be considered sufficient to meet the re- ority bypass mail on the route where the data excise tax paid by or on behalf of a carrier, as quirement of subparagraph (B)(iv). was misstated for the second offense; S5316 CONGRESSIONAL RECORD — SENATE June 10, 2002 ‘‘(3) a 1-year suspension of tender of all non- under subsections (b), (c) and (d) of this section, to bring those amendments to closure, priority bypass mail in the entire State of Alas- tender by the Postal Service of any category of and then have a vote on the hate ka for the third offense in the State; and mail to a carrier for transportation between any crimes bill. I have heard colleagues in ‘‘(4) a permanent suspension of tender of all two points within the State of Alaska shall not the Chamber on the other side of the nonpriority bypass mail in the entire State of give rise to any contract between the Postal Alaska for the fourth offense in the State. Service and a carrier, nor shall any such carrier aisle say this has never happened be- ‘‘(p)(1) The Postal Service or the Secretary, in acquire any right in continued or future tender fore. If it has not been submitted, to- carrying out subsection (g)(2), (h), or (i), may of such mail by virtue of past or present receipt morrow we will submit for the RECORD deny equitable tender to an otherwise qualified of such mail. This subsection shall apply to any the number of times our Republican carrier who does not operate under this section case commenced before, on, or after the date of colleagues did exactly what we did. I in good faith or under the intent of the ‘Rural enactment of this subsection.’’. think it was 34 times—34 times the bill Service Improvement Act of 2002’. (d) ACTIONS OF AIR CARRIERS TO QUALIFY.— ‘‘(2) The Postal Service or the Secretary may was offered, and cloture was filed im- Beginning 6 months after the date of enactment mediately. I do not know how many of waive any provision of subsection (h) or (i), if of this Act, if the Secretary determines, based on the carrier provides substantial passenger or the Secretary’s findings and recommendations of those times the Republican leader—the nonmail freight service on the route where the the Postal Service, that an air carrier being ten- majority leader at the time—chose to carrier seeks tender of nonpriority mail and dered nonpriority bush bypass mail is not taking fill the parliamentary tree as well, de- nonpriority bypass mail. actions to attempt to qualify as a bush pas- nying and precluding Democrats and ‘‘(3) To ensure adequate competition among senger or nonmail freight carrier under section others from offering amendments to passenger and nonmail freight carriers on a 5402 of title 39, United States Code (as amended the bill. This is by far not the first mainline route the Postal Service or the Sec- by this title), the Postal Service shall imme- retary may waive the requirements of subsection time. diately cease tender of all nonpriority bypass I announced at the very beginning of (g) (1)(D), (2)(E), (4), or (5), or any provision of mail to such carrier. my tenure as majority leader that I subsection (h), if— (e) TECHNICAL AND CONFORMING AMEND- ‘‘(A) a 121 bush passenger carrier seeks tender MENTS.— would never fill the tree to preclude of nonpriority mail or nonpriority bypass mail (1) TITLE 39.—Section 5402 of title 39, United amendments. And I am going to hold to on a mainline route not served by a 121 mainline States Code, is amended— that promise. But there are times when passenger carrier and the 121 bush passenger (A) in subsections (b) through (e) (as redesig- in order to move legislation along, fil- carrier provides substantial passenger or nated by this title) and subsection (f) by striking ing cloture on a bill is important. I in- nonmail freight service on the route; or ‘‘Secretary of Transportation’’ each place it ap- ‘‘(B) a carrier meeting the requirements of tend to do that again this afternoon. It pears and inserting ‘‘Secretary’’; and is unfortunate. But we are going to subsection (g)(1)(D)(ii) seeks tender of nonpri- (B) in subsection (f)— ority bypass mail and provides substantial (i) by striking ‘‘subsections (a), (b), and (c)’’ have to increase the debt limit. The ad- nonmail freight service on the city pair route. and inserting ‘‘subsections (b), (c), and (d)’’; ministration has made its case pub- Waivers granted under this paragraph shall and licly. They have talked to me privately cease to be valid once a qualified mainline car- (ii) by striking ‘‘subsection (d)’’ and inserting on numerous occasions about the im- rier begins providing service and seeks tender of ‘‘subsection (e)’’. portance of increasing the debt limit. nonpriority bypass mail in accordance with this (2) TITLE 49.—Section 41901 of title 49, United We can go into all the reasons it is section on the city pair route. The receipt of States Code, is amended in subsection (a), by necessary. But in an effort not to at waivers and subsequent operation of service on striking ‘‘5402(d)’’ and inserting ‘‘5402(e)’’. a city pair route under this subsection shall not least now politicize the issue, I think it (f) REPORTS TO CONGRESS.—Not later than 12 is important for us to get the job done. be counted toward meeting the requirements of months after the date of enactment of this Act, any part of this section for any other city pair the Postal Service and the Secretary of Trans- It is the responsible thing to do. route. In granting waivers under this paragraph portation shall submit a report to the Committee We are going to take up the debt and offering equitable tender of nonpriority by- on Government Reform of the House of Rep- limit and send it to the House as quick- pass mail the Postal Service or the Secretary resentatives and the Committee on Govern- ly as possible because time is running shall give preference to passenger service needs mental Affairs of the Senate on the progress of out. We are told that we only have a over nonmail freight needs on a city pair route. implementing this title. couple of weeks. We have to address ‘‘(4) In granting waivers for or denying tender (g) EFFECTIVE DATES.— to carriers under this subsection, the Postal this issue in that period of time. (1) IN GENERAL.—Except as provided under If we fail cloture tomorrow on hate Service or the Secretary shall consider in the paragraph (2), this title (including the amend- following order of importance— ments made by this title) shall take effect on the crimes, it will be my intention to move ‘‘(A) the passenger needs of the destination to date of enactment of this Act. as quickly as possible to the debt limit be served (including amount and level); (2) SELECTION OF CARRIERS.—Subsection (c)(5) legislation. That will require proce- ‘‘(B) the nonmail freight needs of the destina- shall take effect 15 months after the date of en- dural cooperation. I am hopeful that tion to be served; actment of this Act. we can get procedural cooperation. The ‘‘(C) the amount of nonpriority bypass mail This Act may be cited as the ‘‘2002 Supple- Republican leader and I talked today. service already available to the destination; mental Appropriations Act for Further Recovery ‘‘(D) the mail needs of the destination to be It would be my hope to get a unani- From and Response To Terrorist Attacks on the served; mous consent agreement to take it up. United States’’. ‘‘(E) the savings to the Postal Service in terms Failing that, of course, we would then of payments made to carriers; f have to go through the motion to pro- ‘‘(F) the amount or level of passenger service ceed, and then the bill itself. already available to the destination; and ORDER OF BUSINESS f ‘‘(G) the amount of nonmail freight service al- Mr. DASCHLE. Madam President, I ready available to the destination. will have more to say about the so- INCREASING THE PUBLIC DEBT ‘‘(q) The Secretary shall make a regular re- LIMIT—MOTION TO PROCEED view of carriers receiving, or attempting to qual- called hate crimes legislation tomor- ify to receive, equitable tender of nonpriority row. CLOTURE MOTION bypass mail. If the Secretary suspends or re- This is a very important cloture vote Mr. DASCHLE. Madam President, in vokes an operating certificate, the Secretary we are having tomorrow. I am dis- an effort to anticipate whatever may shall notify the Postal Service. Upon such noti- appointed that we have not had more come with regard to consideration of fication, the Postal Service shall cease tender of opportunities to debate amendments. the debt limit legislation, I now move mail to such carrier until the Secretary certifies This bill has been pending, yet no one to proceed to Calendar No. 407, S. 2578, the carrier is operating in a safe manner. Upon has come forward to offer amendments. such receipt, the carrier shall demonstrate that the debt limit increase and I send a clo- it otherwise meets the minimum carriage require- It makes my point as we file cloture. ture motion to the desk. ments of this section before being tendered mail We indicated a concern for the reports The PRESIDING OFFICER. The clo- under this section. that had been shared with us that some ture motion having been presented ‘‘(r) The Postal Service shall have the author- of our colleagues wished to offer—I under rule XXII, the Chair directs the ity to tender nonpriority bypass mail to any car- think the phrase was—‘‘hundreds of clerk to read the motion. rier that meets the requirements of subsection amendments’’ to the hate crimes bill. The assistant legislative clerk read (g)(1) on any route on an emergency basis. Such We are working under very tight time as follows: emergency tender shall cease when a carrier qualifies for tender on such route under the constraints. CLOTURE MOTION terms of this section. It is my belief that we ought to have We, the undersigned Senators, in accord- ‘‘(s) Notwithstanding any other provision of an opportunity to offer amendments, ance with the provisions of rule XXII of the law, and except for written contracts authorized to have the debate on the amendments, Standing Rules of the Senate, hereby move June 10, 2002 CONGRESSIONAL RECORD — SENATE S5317 to bring to a close the debate on the motion retary of the Senate be permitted to sume consideration of S. 625, with 60 to proceed to calendar No. 407, S. 2578, a bill display, in the Senate Chamber Lobby, minutes of debate prior to the vote on to amend title 31 of the U.S. Code to increase information regarding the construction cloture on the hate crimes legislation; the public debt limit: of the Capitol Visitor Center, and that further, that Senators have until 10:45 Harry Reid, Jack Reed, John Rocke- feller, Daniel Inouye, Jon Corzine, Herb such display and persons designated by a.m. to file second-degree amendments Kohl, Zell Miller, Max Cleland, John the Secretary to answer questions to the hate crimes legislation; that the Breaux, Richard Durbin, Max Baucus, about the display be permitted in the live quorum with respect to the cloture Barbara Boxer, Maria Cantwell, Daniel lobby on June 11, 2002, from the hours motion filed earlier today be waived, Akaka, Edward Kennedy and Tom of 2:15 to 3:30 p.m. and that the Senate recess from 12:30 Daschle. The PRESIDING OFFICER. Without p.m. to 2:15 p.m. for the weekly party Mr. DASCHLE. Madam President, I objection, it is so ordered. conferences. now withdraw the motion to proceed. f The PRESIDING OFFICER. Without The PRESIDING OFFICER. The mo- ORDERS FOR TUESDAY, JUNE 11, objection, it is so ordered. tion is withdrawn. 2002 f f Mr. DASCHLE. Madam President, I PROGRAM STAR PRINT—S. 2076 ask unanimous consent that when the Senate completes its business today, it Mr. DASCHLE. Madam President, Mr. DASCHLE. Madam President, I adjourn until 9:30 a.m., Tuesday, June the Senate will vote on cloture on the ask unanimous consent that S. 2076 be 11; that following the prayer and the hate crimes legislation, therefore, at star printed with the changes at the pledge, the Journal of proceedings be approximately 11:45 a.m. desk. approved to date, the morning hour be f The PRESIDING OFFICER. Without deemed expired, the time for the two objection, it is so ordered. leaders be reserved for their use later ADJOURNMENT UNTIL 9:30 A.M. TOMORROW f in the day, and there be a period of morning business until 10:45 a.m., with Mr. DASCHLE. Madam President, if ORDER TO PRINT DISPLAY IN Senators permitted to speak for up to there is no further business to come be- SENATE CHAMBER LOBBY OF IN- 10 minutes each, with the first half of fore the Senate, I ask unanimous con- FORMATION REGARDING THE the time under the control of the ma- sent the Senate stand in adjournment CONSTRUCTION OF THE CAPITOL jority leader or his designee and the under the previous order. VISITOR CENTER second half of the time under the con- There being no objection, the Senate, Mr. DASCHLE. Madam President, I trol of the Republican leader or his des- at 6:42 p.m., adjourned until Tuesday, ask unanimous consent that the Sec- ignee; that at 10:45 a.m., the Senate re- June 11, 2002, at 9:30 a.m. June 10, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E1005 EXTENSIONS OF REMARKS

IN RECOGNITION OF ANNE JOYCE ELLINGTON HONORED FOR From a pool of over 50 students from my EMERMAN YEARS OF NEIGHBORHOOD AC- district who went through the rigorous and TIVISM AND LIBRARY ADVOCATE time-consuming process of applying for a Con- gressional nomination, I am very proud to say HON. CAROLYN B. MALONEY HON. ZOE LOFGREN that fourteen young women and men from Central New Jersey will be enrolling in Amer- OF NEW YORK OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES ica’s service academies this year. They are IN THE HOUSE OF REPRESENTATIVES Monday, June 10, 2002 the very best of an exceptional group, and I was proud to nominate them. Monday, June 10, 2002 Ms. LOFGREN. Mr. Speaker, I rise to rec- Two young people from the area will be at- ognize the achievements of Joyce Ellington Mrs. MALONEY of New York. Mr. Speaker, tending the United States Military Academy at and would like to recognize her extraordinary I would like to pay tribute to Anne Emerman, West Point, New York. I would like to recog- and tireless service to the residents and mem- nize Saddie Colon of Eatontown and Adrian a dedicated community activist who will be bers of Northside Neighborhood Association. Gennusa of Holmdel. honored by Community Board Six in Manhat- Ellington has served on the board of San Six young people from Central New Jersey tan. Ms. Emerman, a former Board Member of Jose’s oldest neighborhood group, Northside will be attending the United States Naval Community Board Six, is a knowledgeable, Neighborhood Association (NNA) during its Academy at Annapolis, Maryland. I would like committed and effective advocate who was a entire 36-year history. In addition to becoming to recognize Nicholas Abbate of Middletown, constructive and energetic member of the the first African-American chair of San Jose’s Jillian Danback of Eatontown, John Michel of Community Board. Library Commission in 1980, she was the driv- Cranbury, John Rundy of Holmdel, Sheila ing force behind obtaining a library for the A native of New York City, Anne Emerman Singer of Princeton, and Kristin Strizki of Northside area in the early 1970’s. With help attended Hunter College, where she grad- Flemington. from then-Mayor Norm Mineta, another NNA Two young men from my district will be at- uated in 1962. She then pursued a Master’s original member, federal funding was obtained tending the United States Air Force Academy Degree at Columbia University where she for the construction of the library. at Colorado Springs, Colorado. I would like to graduated from the School of Social Work in In 2000, unbeknownst to Ellington, NNA recognize Kenneth Fenton of Oceanport and 1964. Upon graduation she began working as proposed to rename the library in her honor Matthew Vanderschuere of Princeton Junction. a Psychiatric Social Worker and Supersivor at and eventually petitioned the city council for Two young men from Central New Jersey Bellevue Hospital, where she remained until approval. will be attending the United States Merchant 1972. The renaming of the library in Ellington’s Marine Academy at Kings Point, New York. I honor not only recognizes her achievements Her work with the mentally disabled led Ms. would like to recognize Timothy Cain of Marl- as a community activist, but is also a way to boro and Graham Mergenthaler of Colts Neck. Emerman to begin advocating extensively and honor the diversity of San Jose, and in the Mr. Speaker, I hope the House joins me in passionately on behalf of the disabled commu- Northside neighborhood, one of San Jose’s noting the accomplishments of these young nity. She has organized and participated in nu- oldest communities and where most African- men and women, and in wishing them the merous demonstrations to raise visibility on American families lived in the turn of the cen- best of luck at the service academies and in this important issue. As a member of Disabled tury and early 1900’s. their careers. Action, she has worked with various govern- Ms. Ellington has lived in Northside for over f ment officials to urge the passage of civil 70 years and her home, built in 1908, is the rights laws to protect persons with disabilities. oldest home in San Jose with continuing Afri- IN RECOGNITION OF DETECTIVE OWEN HUGHES ON THE OCCA- She has also been a key figure in a number can-American inhabitants. SION OF HIS RETIREMENT of class action lawsuits intended to influence Joyce Ellington has devoted her life to en- case law affecting disabled Americans. Her rich and advance her community, and her con- tribution deserves to be honored to serve as overwhelming commitment to this issue led to HON. CAROLYN B. MALONEY an inspiration for neighborhood children and OF NEW YORK her being named Director of the Mayor’s Of- for the residents of San Jose. I am proud and IN THE HOUSE OF REPRESENTATIVES fice of People with Disabilities, where she grateful to thank Joyce Ellington for reminding Monday, June 10, 2002 served from 1990–1994. us all that one person can truly make a dif- Ms. Emerman’s commitment to activism re- ference in the lives of many. Mrs. MALONEY of New York. Mr. Speaker, I would like to pay tribute to Detective Owen sulted in her appointment to Community Board f Hughes, one of New York’s finest, who will be 6. There she continued to advocate on behalf CENTRAL NEW JERSEY HONORS retiring from the New York Police Department. of those issues most important to her. In addi- SERVICE ACADEMY NOMINEES For almost two decades he has served the tion to her work on behalf of the disabled, she Manhattan’s 13th Precinct. Detective Hughes has fought to ensure that all people have HON. RUSH D. HOLT is beloved by the community for his accessi- equal access to affordable housing, education, OF NEW JERSEY bility, concern and attention to their needs. health and home care and public transpor- IN THE HOUSE OF REPRESENTATIVES Detective Hughes was born and raised in tation. She also worked to ensure oversight of Queens, New York. He began his career with polling locations so that all New Yorkers are Monday, June 10, 2002 the New York Police Department by joining provided access to exercise their constitutional Mr. HOLT of New Jersey. Mr. Speaker, I the Policy Academy, where he graduated in right to vote. Recently, Ms. Emerman began rise today to recognize a group of very special 1982. He performed his year-long field training working with the New York City Council’s first young men and women from Central New Jer- in Queens and was assigned to the 13th Pre- full standing Committee on Mental Health, sey. One of the most important duties of a cinct in June of 1983. Mental Retardation, Alcoholism, Substance Member of Congress, as well as one of the The 13th Precinct serves a diverse cross Abuse and Disability. most enjoyable, is nominating students to the section of Manhattan which includes a sub- United States service academies. In an age stantial part of Manhattan’s East Side. In 1985 In recognition of her outstanding contribu- when media portrayals of young people are in- Detective Hughes was selected to serve as tions to the community, particularly her work to creasingly negative, getting to know students Coordinator for the 13th Precinct’s Community raise awareness on behalf of Americans living through the nomination process is an impor- Policing Pilot Project. That led to his assign- with disabilities, I ask that my colleagues join tant reminder of the patriotism, dedication, and ment to the Precinct’s Community Affairs Of- me in saluting Anne Emerman. excellence of America’s youth. fice in June of 1985. There, Detective Hughes

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

VerDate 112000 04:50 Jun 11, 2002 Jkt 099060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A10JN8.000 pfrm15 PsN: E10PT1 E1006 CONGRESSIONAL RECORD — Extensions of Remarks June 10, 2002 emerged as a dedicated and compassionate tensions between the two countries are not Guardsmen fought in the Spanish American liaison between the Police Department and the new, unlike during the cold war, neither side War. Almost 14,000 Pennsylvania Guardsmen community it is assigned to serve and protect. has a clear idea of what actions would trigger were wounded in World War 1. In World War Among his many duties, he served as the Pre- a nuclear response from the other. II, that same division of Pennsylvanians fought cinct’s Youth Officer, which allowed his to The challenges of translating some of our through Normandy, helped to liberate Paris, work directly with the young people in the nonproliferation efforts to other countries of engaged the ‘‘West Wall’’ of Germany and local community. concern such as India, Pakistan, China or fought fiercely in the Battle of the Bulge, losing Detective Hughes was also trained as a North Korea are significant but worth dealing 2,000 men. These same Pennsylvanians be- Crime Prevention Officer, and in that capacity with. While the nonproliferation programs of came the first unit to cross into Germany, lectured on the subject of crime prevention. the Departments of Defense, Energy, and presaging a successful end to that terrible For his outstanding record of achievement State are effective, they were not designed to war. Pennsylvania Guarsdmen also have with the force, in 1990 Detective Hughes was meet the full range of terrorist threats now fac- served just as bravely in every military oper- promoted to Detective. In 1992 he worked to ing the United States. Expanding these pro- ation since World War II from Korea to Desert successfully establish a Precinct Law Enforce- grams to cover countries outside the former Storm. ment Explorer Post. Among his most note- Soviet Union, to address the threat of radio- Today, thousands of Pennsylvania Guards- worthy and proudest accomplishments, Detec- logical materials and to defend against the men prepare to deploy to Europe while thou- tive Hughes worked in tandem with the State threat of terrorist sabotage of nuclear power sands more rotate in and out of central Asia Liquor Authority to shut down The Under- plants abroad, is in the United States’ national to defeat the forces of terror. Not since the ground, a dangerous club formerly located on security interest. Korean War has our Commonwealth parted Manhattan’s Lower East Side. The bill I am introducing today is an impor- with so many soldiers and airmen at one time. For his courageous service to the commu- tant first step in expanding America’s defense Pennsylvania families in over a hundred com- nity, Detective Hughes has been honored with against the threat of weapons of mass de- munities wait for their Guardsmen to return numerous awards, including the NYPD Com- struction. It calls on the Secretary of Energy, home safely to them, realizing that these he- missioner’s Award, which he received in 1993. in consultation with the Secretaries of Defense roes are prepared to make the ultimate sac- He has also been awarded the 23rd Street As- and State, to develop a comprehensive pro- rifice for our safety and, our liberty. sociation Paul Gay Award for Community gram of activities to encourage all countries to Mr. Speaker, prior to September 11, 2001, Service, the Korean Businessman Association adhere to the highest security standards for Pennsylvania’s Army National Guard merited Advisory Council Award, the Stein Senior Cit- their nuclear facilities and material. recognition as the largest Army Guard in the izen Center Award, the Tilden Democratic Second, the bill requires the Department of Nation and the home of the oldest division in Club Community Service Award. Energy to establish a systematic approach for the U.S. Army, the 28th Infantry Division. The For 22 years Detective Hughes has been securing radiological materials other than ura- 28th infantry was formed in 1879 and fought married to his wife Susan. They have three nium and plutonium outside of the United with such force and determination in the First children, Courtney, Owen Jr. and Ashley. For States. World War, General Pershing dubbed these his years of serving and protecting the com- Finally, the bill requires the Department of Keystone Guardsmen the ‘‘Iron Division.’’ munity, I ask that my colleagues join me in sa- Energy to develop plans for preventing ter- Their heroism and sacrifice at the Bulge luting Detective Owen Hughes. rorist attacks on nuclear power plants outside earned them the appellation, the ‘‘Bloody f the United States. These are simple but im- Bucket’’ division, in World War II, a symbolic portant steps and I encourage my colleagues reference to the red keystone patch worn on GLOBAL SECURITY ACT OF 2002 to support this legislation. their uniform and the horrendous casualties f suffered in the forests of the Ardennes. Simi- HON. ELLEN O. TAUSCHER larly, the Pennsylvania Air Guard ranked as OF CALIFORNIA HOUSE CONCURRENT RESOLUTION the fourth largest in this country and was COMMENDING THE PENNSYL- IN THE HOUSE OF REPRESENTATIVES home to three superior air wings, the 171st VANIA NATIONAL GUARD FOR Refueling Wing of Pittsburgh, the 111th Fight- Monday, June 10, 2002 EXTRAORDINARY WARTIME er Wing of Philadelphia, and the one-of-a-kind Mrs. TAUSCHER. Mr. Speaker, today I am SERVICE psychological warfare unit—the 193rd Special proud to introduce the Global Nuclear Security Operations Wing of Harrisburg—the most de- Initiative Act of 2002 that was also recently of- HON. GEORGE W. GEKAS ployed U.S. Air Force or Air Guard unit. fered in the Senate by Senator JEAN OF PENNSYLVANIA Since the heinous and despicable attacks of CARNAHAN. IN THE HOUSE OF REPRESENTATIVES 9/11, the men and women of the Pennsylvania The January 2001 report of the bipartisan National Guard have earned new recognition Monday, June 10, 2002 task force chaired by former Senator HOWARD and respect as they serve throughout the BAKER and former White House Counsel Lloyd Mr. GEKAS. Mr. Speaker, I rise to introduce country and the world in record numbers not Cutler has often been quoted but one of its a measure honoring the citizen-soldiers of seen since the Korean War. For these brave conclusions bears restating today: ‘‘the na- Pennsylvania. The soldiers and airmen of the women and men are serving gallantly in Af- tional security benefits to U.S. citizens from Pennsylvania Army and Air National Guard ghanistan and central Asia in the War Against securing and/or neutralizing the equivalent of serve all America today in the cause of free- Terror. They are serving nobly in the Balkans, more than 80,000 nuclear weapons and po- dom, and they do so in record numbers. ensuring peace and stability in Europe. They tential nuclear weapons would constitute the These brave men and women represent the are serving heroically in the Middle East, en- highest return on investment in any current best of our Commonwealth. They valiantly forcing the No-Fly Zone over Iraq, preventing U.S. national security defense program.’’ carry on the proud Pennsylvania tradition of future assaults by Saddam Hussein against As you know, Mr. Chairman, our non- service to state and country in peace and in his neighbors. And, they are serving laudably proliferation programs with Russia have im- war, a tradition born when Benjamin Franklin on the Northern border of the United States, in proved America’s national security greatly by created the first Pennsylvania militia in 1747. New York, and throughout Pennsylvania pro- dismantling Russia’s nuclear facilities, finding From the American Revolution to the tecting our airports and nuclear power plants. jobs for their unemployed weapons scientists, present day, Pennsylvania militiamen and But this country has not finished asking of and improving the security of Russian weap- Guardsmen have been in the vanguard of the the men and women of the Pennsylvania Na- ons and material. But as our relationship with fight for American security and liberty. In tional Guard. Our National Military Command Russia takes on a more cooperative definition, peacetime our Guard has been relied upon to has ordered the 28th Infantry Division of the first with the signing of the Treaty on Strategic help combat floods, blizzards, narcotics and Pennsylvania Army Guard to assume the lead Offensive Reductions in Moscow and with the civil crises. In wartime, these civilians have ac- role in SFOR operations this fall. Over one signing on May 28 in Rome of an agreement cepted the role of armed defenders of liberty. thousand soldiers of the 28th Infantry Division between NATO and Russia on a new working Their deeds in war have been as glorious as will mobilize, train and deploy for six months relationship, security threats arising from other their triumphs in peace. Tens of thousands of in the effort to secure peace in the Balkans. nations with inadequately stored nuclear mate- Pennsylvania militiamen fought with Wash- Despite this massive deployment, the National rials are increasing. Indeed, India and Paki- ington for American Independence. Over 200 Military Command has ordered an even larger stan’s conflict over Kashmir has been esca- regiments fought in 24 campaigns of the Civil deployment of Pennsylvania Army Guards- lating over the past several months and while War. An entire division of Pennsylvania men. Beginning this fall, two thousand soldiers

VerDate 112000 04:50 Jun 11, 2002 Jkt 099060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A10JN8.004 pfrm15 PsN: E10PT1 June 10, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E1007 of the Pennsylvania Army Guard will deploy to John von Trott and Wesley Craig, I give my sion that would have required the Ex-Im Bank Germany, Italy, Belgium, Luxembourg and the thanks. As they prepare to lead over three to reevaluate the Benxi loan guarantee. I can- Netherlands to provide additional security for thousand Pennsylvanians into Europe to de- not understand why this was done in the face American military bases in those countries. fend American interests abroad, they should of the ongoing crisis in the steel industry, and The Keystone Taskforce will be stationed in know that this Congress supports them and the clear impropriety of the Benxi decision. Europe for six months and mobilize and train places trust in their leadership. I will not vote for this organization that has in the United States this summer. Already To Brigadier General Steve Speer of the not stood with our domestic steel industry. I nearly a hundred engineers from the 201st 193rd S.O.W. my gratitude for a job well done oppose this re-authorization—the Ex-Im Bank Civil Engineering Flight Air Guard unit—a.k.a. in leading 900 officers and enlisted Air has shown through its actions that it does not Red Horse—has made its way to central Asia Guardsmen in Operation Enduring Freedom. merit our support until it can act responsibly to build and repair runways, continuing the You are in desperate need of new equipment and in our domestic interests. fight against Al Qaeda. And, all of this follows to replace the forty year old aircraft that you immediately upon the return of nearly 900 fly today. Yet you still fly critical missions f Pennsylvania Air Guardsmen of the 193rd around the globe and fly more frequently than Special Operations Wing who have been flying any other unit in the United States. We will IN RECOGNITION OF THE QUEENS Commando Solo PSYOPS missions over Af- take care of you, and we will supply you with GAZETTE ghanistan consistently since October of last the equipment you need. We thank you for year as an essential part of Operation Endur- your leadership in our War Against Terror. HON. CAROLYN B. MALONEY ing Freedom/Noble Eagle. Let me extend my thanks also to Brigadier OF NEW YORK Mr. Speaker, I cannot mention every unit or General William Boardley and Colonel Steve every Guardsman who has contributed during Sischo, commanders of the 171st and 111th IN THE HOUSE OF REPRESENTATIVES this time of War in our struggle to preserve Wings. Both have led their men and women Monday, June 10, 2002 America’s democratic way of life. Each and admirably in Operation Southern Watch and Mrs. MALONEY of New York. Mr. Speaker, every soldier and airman of the Pennsylvania Operation Enduring Freedom totaling over a I would like to pay tribute to The Queens Ga- National Guard has contributed in some way. thousand sorties for both wings combined in zette, a leading community newspaper in the Simply by enlisting or seeking a commission these wartime missions. Under your leader- New York City borough of Queens. they have made themselves ready to defend ship our men and women have performed out- The twentieth anniversary of the Queens this great Nation in our time of need, and have standingly under tough conditions. Gazette is cause for celebration across the earned our thanks. Yet, so many have been The Pennsylvania Guard carries on its borough from Astoria to Flushing, Long Island called upon since September 11th to serve at proud tradition and lives up to its motto: ‘‘Civil- City to Jamaica. For two decades, the Gazette home and abroad, and so many more will be ian in peace. Soldier in war.’’ We are proud of has been a premiere and outstanding publica- deploying in the future. Each and every one of each and every one of the 22,000 Guardsmen tion for Queens residents who value accurate our Guardsmen has made Pennsylvania in uniform today. This Nation owes a debt of and timely news coverage and in-depth re- proud, and those who will deploy overseas gratitude to all of them, and to their families. ports on the neighborhood issues that matter. this fall will continue to bring honor to them- For us they sacrifice their precious time in In recent months, the Queens Gazette has selves, our Guard and our Commonwealth. peace and potentially so much more in war. I helped raise awareness in the community on For this they deserve the commendation of a beseech my fellow Members of Congress to issues that affect us all. These issues range proud and thankful Congress of the United resoundingly express their gratitude today for from the need to stop the Asian Longhorned States. the men and women of the Pennsylvania Na- Beetle from killing our trees, to the successful Credit must go first to the soldiers and air- tional Guard. Pass this resolution and send it quest for affordable housing in Astoria’s Ma- men themselves who have taken on this re- to the Senate, so that those who serve will rine Terrace housing development. The Ga- sponsibility with patriotism and courage. We know that we honor them always. must also thank the leadership of Pennsylva- zette has reported, with in-depth analysis, on f nia’s Guard units for training our men and the campaign for increased transit connections women to serve in peace and war, providing CONFERENCE REPORT ON S. 1372, between Long Island City’s residential areas, them with the skills they need to defend our EXPORT-IMPORT BANK REAU- business sectors and new public parks, retail freedom here at home and abroad. They may THORIZATION ACT OF 2002 stores, and cultural institutions. The Gazette be citizen-soldiers, but they are indubitably has also provided Queens readers with con- professionals thanks to the leadership of our SPEECH OF sistent and accurate reporting on efforts to Pennsylvania Guard. Those in Congress who HON. BART STUPAK make LaGuardia Airport safer. Clearly, the Ga- commend our Guardsmen today will ensure zette excels in providing comprehensive news OF MICHIGAN coverage in many arenas. Information on such that they receive the resource they need to IN THE HOUSE OF REPRESENTATIVES fight and win wars. Moreover, we resolve to issues, and countless others, is invaluable to work even more closely with the leadership of Wednesday, June 5, 2002 the members of our community. the Pennsylvania National Guard to make sure Mr. STUPAK. Madam Speaker, I could not I look to the Queens Gazette every week for our men and women are properly supported. support this legislation that supports an orga- thorough reports on local news, politics and I would like to thank our Adjutant General, nization that has acted directly against the in- governments affairs. I always appreciate the Major General William Lynch, a veteran fighter terests of our domestic steel industry. Last Gazette’s special editions that focus on every- pilot and an exemplary leader. His steward- year the Ex-Im Bank agreed to guarantee an thing from social services in Queens to a re- ship of our Guard has brought credit to our $18 million loan to the Benxi Iron and Steel view of entertainment and cultural activities for Commonwealth and pride to our units. The Company in China that allowed it to increase borough residents. I commend the entire staff Pennsylvania Guard stands ready to continue its steelmaking capacity. This decision, in the at the Gazette for publishing an exemplary serving wherever and whenever called upon, face of mounting bankruptcies of U.S. steel newspaper for the community and for being an under his command. My congratulations to companies, was unbelievable. While our do- excellent source for neighborhood news. Deputy Adjutant Generals James Skiff and mestic steel companies were struggling for Congratulations to Tony Barsamian, Julie Jessica Wright for ably leading our Air Guard funds to keep themselves alive, the Ex-Im Wager, John Toscano, Linda Wilson and ev- and Army Guard through this demanding war- bank was promising funds overseas to Chi- eryone at the Gazette for twenty years of ex- time period. I am confident that our forces re- nese steel. cellence in journalism and outstanding public main in more than capable hands with Gen- There has been some talk that this con- service for the people of Queens. erals Skiff and Wright at the helm. ference report includes provisions to prevent In recognition of its outstanding contribu- To our Army Guard unit commanders, Major such future lapses. I do not think that these tions to the community, I ask that my col- General Walter Pudlowksi of the 28th Infantry provisions are sufficient. Furthermore, the con- leagues join me in saluting the Queens Ga- Division, and his deputies Brigadier Generals ference committee actually took out a provi- zette.

VerDate 112000 04:50 Jun 11, 2002 Jkt 099060 PO 00000 Frm 00003 Fmt 0626 Sfmt 0634 E:\CR\FM\A10JN8.006 pfrm15 PsN: E10PT1 E1008 CONGRESSIONAL RECORD — Extensions of Remarks June 10, 2002 SENATE COMMITTEE MEETINGS sible inclusion in the National Park JUNE 19 System; S.1944, to revise the boundary 10:30 a.m. Title IV of Senate Resolution 4, of the Black Canyon of the Gunnison agreed to by the Senate on February 4, Judiciary National Park and Gunnison Gorge Na- Crime and Drugs Subcommittee 1977, calls for establishment of a sys- tional Conservation Area in the State To hold hearings to examine penalties tem for a computerized schedule of all of Colorado; H.R.38, to provide for addi- for white collar offenses. meetings and hearings of Senate com- tional lands to be included within the SD–226 mittees, subcommittees, joint commit- boundaries of the Homestead National Governmental Affairs tees, and committees of conference. Monument of America in the State of Nebraska; H.R.980, to establish the To hold hearings on the nomination of This title requires all such committees Michael D. Brown, of Colorado, to be to notify the Office of the Senate Daily Moccasin Bend National Historic Site in the State of Tennessee as a unit of Deputy Director of the Federal Emer- Digest—designated by the Rules com- the National Park System; and gency Management Agency. mittee—of the time, place, and purpose H.R.1712, to authorize the Secretary of SD–342 of the meetings, when scheduled, and the Interior to make adjustments to 2:30 p.m. any cancellations or changes in the the boundary of the National Park of Foreign Relations meetings as they occur. American Samoa to include certain Western Hemisphere, Peace Corps and Nar- As an additional procedure along portions of the islands of Ofu and cotics Affairs Subcommittee with the computerization of this infor- Olosega within the park. To hold hearings on S.1017, to provide the mation, the Office of the Senate Daily SD–366 people of Cuba with access to food and Digest will prepare this information for Intelligence medicines from the United States, to To hold joint closed hearings with the printing in the Extensions of Remarks ease restrictions on travel to Cuba, to House Permanent Select Committee on provide scholarships for certain Cuban section of the CONGRESSIONAL RECORD Intelligence to examine events sur- on Monday and Wednesday of each nationals. rounding September 11, 2001. SD–419 week. S–407, Capitol Meetings scheduled for Tuesday, June 11, 2002 may be found in the Daily JUNE 13 Digest of today’s RECORD. 9:30 a.m. POSTPONEMENTS Commerce, Science, and Transportation MEETINGS SCHEDULED Surface Transportation and Merchant Ma- JUNE 12 rine Subcommittee 9:30 a.m. JUNE 12 To hold hearings to examine cross border Health, Education, Labor, and Pensions trucking issues. 9 a.m. Business meeting to consider S.710, to re- SR–253 Judiciary quire coverage for colorectal cancer Constitution Subcommittee 10 a.m. Appropriations screenings; S.1115, to amend the Public To hold hearings to examine issues with Health Service At with respect to mak- respect to reducing the risk of exe- Interior Subcommittee ing progress toward the goal of elimi- cuting the innocent, focusing on the To hold hearings on proposed budget es- nating tuberculosis; S.2184, to provide Report of the Illinois Governor’s Com- timates for fiscal year 2003 for the De- for the reissuance of a rule relating to mission on Capital Punishment. partment of the Interior. SD–226 SD–124 ergonomics; S.2558, to amend the Pub- 9:30 a.m. Health, Education, Labor, and Pensions lic Health Service Act to provide for Governmental Affairs To hold hearings to examine the imple- the collection of data on benign brain- To hold hearings to examine the status mentation of Reading First and other related tumors through the national of childhood vaccines. reading programs and strategies. program of cancer registries; S.2328, to SD–342 SD–430 amend the Public Health Service Act Environment and Public Works Banking, Housing, and Urban Affairs and the Federal Food, Drug, and Cos- To hold hearings to examine the costs Housing and Transportation Subcommittee metic Act to ensure a safe pregnancy and benefits of multi-pollutant legisla- To hold hearings on the Transportation for all women in the United States, to tion. Equity Act for the 21st Century. reduce the rate of maternal morbidity SD–406 SD–538 and mortality, to eliminate racial and Appropriations Foreign Relations ethnic disparities in maternal health Labor, Health and Human Services, and To hold hearings on the Convention on outcomes, to reduce pre-term, labor, to Education Subcommittee the Elimination of All Forms of Dis- examine the impact of pregnancy on To hold hearings to examine Medicare crimination Against Women, adopted the short and long term health of payments for medical supplies. by the United Nations General Assem- women, to expand knowledge about the SD–124 bly on December 18, 1979, and signed on safety and dosing of drugs to treat behalf of the United States of America Appropriations pregnant women with chronic condi- on July 17, 1980 (Treaty Doc.96-53). Defense Subcommittee tions and women who become sick dur- SD–419 To hold hearings on proposed budget es- ing pregnancy, to expand public health timates for fiscal year 2003 for the De- 2 p.m. Judiciary prevention, education and outreach, partment of Defense and related pro- and to develop improved and more ac- grams. To hold hearings on pending judicial nominations. curate data collection related to ma- SD–192 ternal morbidity and mortality; and 2:30 p.m. SD–226 the nominations of Thomas Mallon, of Commerce, Science, and Transportation 2:15 p.m. Connecticut, Wilfred M. McClay, of Science, Technology, and Space Sub- Foreign Relations Tennessee, and Michael Pack, of Mary- committee Business meeting to consider S.2525, to To hold hearings to examine Internet amend the Foreign Assistance Act of land, each to be a Member of the Na- corporations for assigned names and 1961 to increase assistance for foreign tional Council on the Humanities, Na- numbers. countries seriously affected by HIV/ tional Foundation On the Arts and the SR–253 AIDS, tuberculosis, and malaria. Humanities. Energy and Natural Resources S–116, Capitol SD–430 National Parks Subcommittee 2:30 p.m. To hold hearings on S.1257/H.R.107, to re- JUNE 14 Judiciary quire the Secretary of the Interior to 9:30 a.m. Technology, Terrorism, and Government conduct a theme study to identify sites Health, Education, Labor, and Pensions Information Subcommittee and resources to commemorate and in- Children and Families Subcommittee To hold hearings on S.2541, to amend terpret the Cold War; S.1312/H.R.2109, To hold hearings to examine increasing title 18, United States Code, to estab- to authorize the Secretary of the Inte- of options and awareness concerning lish penalties for aggravated identity rior to conduct a special resource study the screening of newborns. theft. of Virginia Key Beach, Florida, for pos- SD–430 SD–226

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HIGHLIGHTS Senate agreed to S. Res. 272, Delivery of Signatures to Cuban National Assembly. Senate a.m., on Tuesday, June 11, 2002, with a vote on the Chamber Action motion to close further debate on the bill to occur Routine Proceedings, pages S5261–S5317 at approximately 11:45 a.m. Further, that Senators Measures Introduced: Five bills and two resolu- have until 10:45 a.m. to file second degree amend- tions, were introduced, as follows: S. 2602–2606, S. ments to the bill. Page S5317 Res. 282, and S. Con. Res. 120. Page S5285 Debt Limit Extension: Senate began consideration Measures Reported: of the motion to proceed to consideration of S. 2578, S. J. Res. 34, approving the site at Yucca Moun- to amend title 31 of the United States Code to in- tain, Nevada, for the development of a repository for crease the public debt limit. Pages S5316–17 the disposal of high-level radioactive waste and A motion was entered to close further debate on spend nuclear fuel, pursuant to the Nuclear Waste the motion to proceed to consideration of the bill Policy Act of 1982. (S. Rep. No. 107–159) and, in accordance with the provisions of Rule XXII Page S5285 of the Standing Rules of the Senate, a cloture vote Measures Passed: will occur on Wednesday, June 12, 2002. Delivery of Signatures to Cuban National As- Pages S5316–17 sembly: By a unanimous vote of 87 yeas (Vote No. Subsequently, the motion to proceed was with- 146), Senate agreed to S. Res. 272, expressing the drawn. Page S5317 sense of the Senate regarding the success of the Capitol Visitor Center Construction—Agree- Varela Project’s collection of 10,000 certified signa- ment: A unanimous-consent agreement was reached tures in support of a national referendum and the providing that the Secretary of the Senate be per- delivery of these signatures to the Cuban National mitted to display in the Senate chamber lobby, in- Assembly, after agreeing to a committee amendment formation regarding the construction of the Capitol in the nature of a substitute. Pages S5278–80 Visitor Center, and that such display and persons Hate Crimes Bill: Senate resumed consideration of designated by the Secretary to answer questions S. 625, to provide Federal assistance to States and about the display be permitted in the lobby on June local jurisdictions to prosecute hate crimes, taking 11, 2002, from the hours 2:15–3:30 p.m. Page S5317 action on the following amendment proposed there- Measures Placed on Calendar: Pages S5262, S5285 to: Pages S5267–76 Withdrawn: Additional Cosponsors: Pages S5285–86 Reid (for Biden) Amendment No. 3807, to pro- Statements on Introduced Bills/Resolutions: vide reliable officers, technology, education, commu- Pages S5286–88 nity prosecutors, and training in our neighborhoods. Additional Statements: Pages S5282–85 Page S5269 Pending: Amendments Submitted: Pages S5288–94 Hatch Amendment No. 3824, to amend the pen- Notices of Hearings/Meetings: Pages S5294–95 alty section to include the possibility of the death Privilege of the Floor: Page S5295 penalty. Pages S5267–76 A unanimous-consent agreement was reached pro- Text of H.R. 4775, as Previously Passed: viding for further consideration of the bill at 10:45 Pages S5295–S5316 D587

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Record Votes: One record vote was taken today. 2002. (For Senate’s program, see the remarks of the (Total—149) Page S5279 Majority Leader in today’s Record on page S5317). Adjournment: Senate met at 2 p.m., and adjourned at 6:42 p.m., until 9:30 a.m., on Tuesday, June 11, Committee Meetings No committee meetings were held. h House of Representatives manned aerial vehicle threats to the United States, 10 Chamber Action a.m., SD–342. Measures Introduced: No measures were intro- Committee on Health, Education, Labor, and Pensions: Sub- duced today. committee on Aging, to hold hearings to examine the prevention of elderly falls, 2 p.m., SD–430. Reports Filed: No reports were filed today. Committee on Indian Affairs: to hold oversight hearings Speaker Pro Tempore: Read a letter from the to examine the activities of the Branch of Acknowledge- Speaker wherein he designated Representative Petri ment and Research, Bureau of Indian Affairs, Department to act as Speaker pro tempore for today. Page H3295 of the Interior, 1:30 p.m., SR–485. Senate Message: Messages received from the Senate Select Committee on Intelligence: to hold joint closed hear- ings with the House Permanent Select Committee on In- appear on page H3295. telligence to examine events surrounding September 11, Quorum Calls—Votes: No quorum calls or re- 2001, 10 a.m., S–407 Capitol. corded votes developed during the proceedings of the Full Committee, to hold joint closed hearings with the House today. House Permanent Select Committee on Intelligence to ex- Adjournment: The House met at 2 p.m. and ad- amine events surrounding September 11, 2001, 2:30 journed at 2:04 p.m. p.m., S–407 Capitol. Committee on the Judiciary: to hold hearings to examine the criminal justice system and mentally ill offenders, 10 Committee Meetings a.m., SD–226. No committee meetings were held. House f Committee on Energy and Commerce, Subcommittee on En- COMMITTEE MEETINGS FOR TUESDAY, ergy and Air Quality to markup H.R. 3609, Pipeline In- JUNE 11, 2002 frastructure Protection To Enhance Security and Safety Act, 5 p.m., 2123 Rayburn. (Committee meetings are open unless otherwise indicated) Subcommittee on Health, to markup the following: Senate H.R. 1784, Women’s Health Office Act of 2001; and the Mammography Quality Standards Reauthorization Act of Committee on Appropriations: Subcommittee on District 2002, 3:30 p.m., 2123 Rayburn. of Columbia, to hold hearings on proposed budget esti- Committee on Financial Services, Subcommittee on Capital mates for fiscal year 2003 for the government of the Dis- Markets, Insurance, and Government Sponsored Enter- trict of Columbia, focusing on the Anacostia Waterfront prises, to continue hearings entitled ‘‘Insurance Regula- Initiative, 9:30 a.m., SD–192. Committee on Commerce, Science, and Transportation: to tion and Competition for the 21st Century,’’ Part II, 2 hold hearings to examine spectrum management, focusing p.m., 2128 Rayburn. on improving the management of government and com- Committee on Government Reform, Subcommittee on Na- mercial spectrum domestically and internationally, 9:30 tional Security, Veterans Affairs, and International Rela- a.m., SR–253. tions, hearing on’’ Combating Terrorism: Improving the Committee on Foreign Relations: to hold hearings to exam- Federal Response,’’ 9:30 a.m., and 1 p.m., 2154 Rayburn. ine America’s global dialogue, focusing on sharing Amer- Committee on the Judiciary, Subcommittee on Crime, ican values and public diplomacy, 10:45 a.m., SD–419. Terrorism and Homeland Security, hearing and mark up Subcommittee on African Affairs, to hold hearings to of H.R. 4864, Anti-Terrorism Explosives Act of 2002, examine U.S. policy in Liberia, 2:30 p.m., SD–419. 4:30 p.m., 2237 Rayburn. Committee on Governmental Affairs: Subcommittee on Committee on Rules, to consider the following: H.J. Res. International Security, Proliferation and Federal Services, 96, proposing a tax limitation amendment to the Con- to hold hearings to examine cruise missiles and un- stitution of the United States; and H.R. 4019, to provide

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that the marriage penalty relief provisions of the Eco- disabling service-connected cold-weather injury; 10 a.m., nomic Growth and Tax Relief Reconciliation Act of 2001 334 Cannon. shall be permanent, 5:30 p.m., H–313 Capitol. Committee on Ways and Means, Subcommittee on Committee on Veterans’ Affairs, Subcommittee on Bene- Human Resources, hearing on Unemployment Fraud and fits, hearing on the following: H.R. 3173, Abuse, 4 p.m., B–318 Rayburn. Servicemembers and Military Families Financial Protec- Subcommittee on Social Security, hearing on Social Se- tion Act of 2001; H.R. 3735, Department of Veterans’ curity Disability Programs’ Challenges and Opportunities, Affairs Overpayment Administration Improvement Act of 3:30 p.m., 1100 Longworth. 2002; H.R. 3771, to amend title 38, United States Code, Joint Meetings to provide that monetary benefits paid to veterans by States and municipalities shall be excluded from consider- Joint Meetings: Senate Select Committee on Intelligence, ation as income for purposes of pension benefits paid by to hold joint closed hearings with the House Permanent the Secretary of Veterans Affairs; H.R. 4042, Veterans Select Committee on Intelligence to examine events sur- Home Loan Prepayment Protection Act of 2002; the Ar- rounding September 11, 2001, 10 a.m., S–407 Capitol. lington National Cemetery Burial Eligibility Act; and a Joint Meetings: Senate Select Committee on Intelligence, measure providing dependency and indemnity compensa- to hold joint closed hearings with the House Permanent tion to the surviving spouse of a veteran with a totally Select Committee on Intelligence to examine events sur- rounding September 11, 2001, 2:30 p.m., S–407 Capitol.

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Next Meeting of the SENATE (2) H. Res. 269, Honoring the Life and Achievements 9:30 a.m., Tuesday, June 11 of Italian-American Inventor Antonio Meucci, and his work in the Invention of the Telephone; (3) H. Res. 406, Commemorating the Sacrifices of Law Senate Chamber Enforcement Officers Who Were Killed or Disabled; (4) H.R. 3738, Herbert Arlene Post Office, Philadel- Program for Tuesday: After the transaction of any phia, Pennsylvania; morning business (not to extend beyond 10:45 a.m.) Sen- (5) H.R. 3739, Rev. Leon Sullivan Post Office, Phila- ate will continue consideration of S. 625, Hate Crimes delphia, Pennsylvania; bill, with a vote on the motion to close further debate (6) H.R. 3740, William V. Cibotti Post Office, Phila- on the bill to occur at approximately 11:45 a.m. delphia, Pennsylvania; (Senate will recess from 12:30 p.m. until 2:15 p.m. for their (7) H. Con. Res. 394, 2002 World Cup and Co-hosts respective party conferences.) Republic of Korea and Japan; (8) H. Con. Res. 213, Concerning North Korean Refu- Next Meeting of the HOUSE OF REPRESENTATIVES gees Detained in China; (9) H.R. 2068, Public Buildings, Property, and Works 12:30 p.m., Tuesday, June 11 Amendments; (10) H.R. 3297, Mychal Judge Police and Fire Chap- lains Public Safety Officers’ Benefit Act; House Chamber (11) H.R. 2054, Congressional Consent to Compact Program for Tuesday: Consideration of Suspensions: between Utah and Nevada Regarding Boundary Change; (1) H. Res. 438, Improving Health Through Fitness and and Reduction of Obesity; (12) H.R. 2621, Consumer Product Protection Act.

Extensions of Remarks, as inserted in this issue

HOUSE

Gekas, George W., Pa., E1006 Holt, Rush D., N.J., E1005 Lofgren, Zoe, Calif., E1005 Maloney, Carolyn B., N.Y., E1005, E1005, E1007 Stupak, Bart, Mich., E1007 Tauscher, Ellen O., Calif., E1006

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