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, FRIDAY, MARCH 22, 2002 No. 35 House of Representatives The House was not in session today. Its next meeting will be held on Tuesday, April 9, 2002, at 2 p.m. Senate FRIDAY, MARCH 22, 2002

The Senate met at 10 a.m. and was hands. In the name of the Hope of the SCHEDULE called to order by the Honorable ZELL world. Amen. Mr. REID. Mr. President, today the MILLER, a Senator from the State of f Senate will be in a period of morning Georgia. business. There will be no rollcall votes PLEDGE OF ALLEGIANCE today. The next rollcall vote will occur PRAYER on Tuesday, April 9. The Honorable ZELL MILLER led the The Chaplain, Dr. Lloyd John We hope that if people wish to give Pledge of Allegiance, as follows: Ogilvie, offered the following prayer: remarks today, they would get here as Lord God, Sovereign of this Nation, I pledge allegiance to the Flag of the quickly as possible. Staff especially United States of America, and to the Repub- we praise You for the gift of authentic would appreciate that. lic for which it stands, one nation under God, Mr. President, I suggest the absence hope. More than wishful thinking, indivisible, with liberty and justice for all. yearning, or shallow optimism, we turn of a quorum. to You for lasting hope. We have f The ACTING PRESIDENT pro tem- learned that true hope is based on the pore. The clerk will call the roll. expectation of interventions by Your APPOINTMENT OF ACTING The assistant legislative clerk pro- Spirit that are always on time and in PRESIDENT PRO TEMPORE ceeded to call the roll. time. You are the intervening Lord of The PRESIDING OFFICER. The Mr. KENNEDY. Madam President, I the Passover, the opening of the Red clerk will please read a communication ask unanimous consent that the order Sea, and the giving of the Ten Com- to the Senate from the President pro for the quorum call be rescinded. The PRESIDING OFFICER (Ms. mandments. You have vanquished the tempore (Mr. BYRD). forces of evil, death, and fear through The assistant legislative clerk read STABENOW). Without objection, it is so the Cross and the Resurrection. All the following letter: ordered. f through the history of our Nation, You U.S. SENATE, have blessed us with Your providential PRESIDENT PRO TEMPORE, RESERVATION OF LEADER TIME care. It is with gratitude that we af- Washington, DC, March 22, 2002. The PRESIDING OFFICER. Under firm, ‘‘Blessed is the nation whose God To the Senate: the previous order, leadership time is is the Lord.’’—Psalm 33:12. Under the provisions of rule I, paragraph 3, reserved. May this sacred season, including of the Standing Rules of the Senate, I hereby appoint the Honorable ZELL MILLER, a Sen- f Passover and Holy Week, be a time of ator from the State of Georgia, to perform the rebirth of hope in us. May Your the duties of the Chair. MORNING BUSINESS Spirit of hope displace the discordant ROBERT C. BYRD, The PRESIDING OFFICER. Under spirit of cynicism, discouragement, and President pro tempore. the previous order, there will now be a disunity. Hope through us, O God of Mr. MILLER thereupon assumed the period for the transaction of morning Hope. Flow through us patiently until chair as Acting President pro tempore. business with Senators permitted to we hope for one another what You have speak therein for up to 10 minutes hoped for us. Then Lord, give us the vi- f each. sion and the courage to confront those The Senator from Massachusetts. RECOGNITION OF THE ACTING problems that have made life seem f hopeless for some people. Make us com- MAJORITY LEADER municators of hope. We trust our lives, The ACTING PRESIDENT pro tem- PRIVACY PROTECTIONS the work of this Senate, and the future pore. The Chair recognizes the Senator Mr. KENNEDY. Madam President, I of our Nation into Your all-powerful from Nevada. want to draw to the attention of our

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

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. S2312 CONGRESSIONAL RECORD — SENATE March 22, 2002 colleagues in the Senate and also to hospital or the doctor could share it over the years. I found myself outraged the American people the unfortunate with the insurance company, but that when I awoke this morning and saw the decision by this administration to rec- is all they could share it with. headline in our local newspaper, ‘‘Med- ommend that we alter and change some It permitted individuals to say that ical Privacy Changes Proposed.’’ enormously important privacy protec- some information is so sensitive that I do not have any long prepared tions. These protections were rec- they do not want to share it with the speech to give, but I associate myself ommended by the previous administra- insurance company. They could pay for with the remarks of my friend and col- tion—by President Clinton—and were a doctor’s visit out of pocket rather league from Massachusetts. We have scheduled to go into effect about a year than sending the information to their worked hard over the years to try to from now. These protections to ensure insurer—which could very well come see to it that people’s privacy is pro- the privacy of medical records. I will back, as it so often does, to their em- tected. speak on the substance of the issue in ployer. We know today, as a result of tech- a moment. We have not passed legislation that nology, the gathering of information, What I find equally distressing is will prohibit discrimination against in- consumers want the right to know, but that we are seeing a series of actions dividuals in the workplace—even ge- they also want the right to say no taken by the administration—this is netic discrimination. when it comes to having access to some just the latest example—where the ad- This is the most sensitive informa- of the most private and personal infor- ministration seems to be opting in tion. We had the promulgation of rules mation. favor of the companies and corpora- and regulations under the administra- We would not tolerate allowing some- tions at the expense of individuals. In tion that were to go into effect next one to break into your home and rifle this case, the administration is acting year. It is surrounding information through your closets and to find out, at the expense of the medical privacy which is of the most sensitive nature. without any justification, the most of our fellow citizens. The American people give a high pri- personal details of your life or your We have recently seen the adminis- ority to privacy. They do not want to family’s life. Yet what the administra- tration effectively undermine the very have their own private lives infringed tion is doing here, in a sense, is going sensible and responsible ergonomics on by individuals or by any govern- to allow people to do just that when it recommendations to try to protect peo- mental agencies. They hold their med- comes to the most personal and private ple in the workplace. This affects ical information in the highest order of information about you and your fam- 800,000 workers—primarily women—in priority. ily—your medical history—and the our society. Those workers are risking For the administration to side with damage that can be done to people with their health without protections. In the medical corporate world in being that kind of access. this case, we saw the administration willing to share that kind of sensitive So I am terribly disappointed this siding with the companies and corpora- information which individuals do not morning to hear that the administra- tions at the expense of workers. want shared, I think, is an infringe- tion is going to be rolling back regula- We have seen it most recently in the ment on the rights to privacy for tions that are designed to protect peo- Enron situation. We have seen individ- Americans that this country will not ple. They are doing so, they claim, in uals who are the major players in the and should not tolerate. the name of ensuring more rapid care. corporations walking away with mil- In our committee, we will have hear- Well, I say shame on them. Shame on lions and millions of dollars, and the ings on this administration’s proposal them for pitting care against your workers seeing their life’s savings as soon as we return from the April re- right to protect you and your family eliminated. And just this week, we cess. We will introduce legislation to from people knowing your personal and tried to put in protections for workers ensure the protection of privacy for the private information. in the future. The administration op- American public. That is not what this is all about, posed those particular recommenda- I see my friend from Connecticut, wanting to protect you and getting you tions. Senator DODD, who has worked on this better care. We know people want ac- In an entirely different area, we see issue. Our colleague from Vermont, cess to this information. We know why where the administration has come Senator LEAHY, has been a leader on they want access to the information. down on the side of the major health That is why people are so concerned. corporations at the expense of individ- this issue. It has not been a partisan This is not about liberals or conserv- uals on the powerful issue of medical issue. It has been bipartisan in nature. atives, Democrats and Republicans. privacy and medical records. The most But it is an issue of high importance This is about the fact that we, as sensitive information that individuals and consequence. Americans, feel deeply and strongly have is in their medical records. Privacy is an enormously important We have seen over the period of this value for our fellow citizens. To try at about our right to have private infor- last year and a half a considerable the stroke of a pen to say that your mation kept private. amount of dialog and discussion, and a medical records are not going to be There is a growing fear in our society number of hearings. We had rec- protected is a violation of the most im- of technology being used not only to ommendations in place, which were to portant and basic privacy rights of an improve our lives, as it is in so many go into effect about a year from now. individual. It is wrong. It is basically a ways, but to make it easier for people These were announced by the previous surrender to major corporate interests. to rifle through our medicine cabinets, administration in response to a re- We have seen that too often in recent peer into our checkbooks, and be able quirement put into law in what we call times. to track us on Internet activities. It the HIPAA legislation—the Kasse- We want an administration that is worries Americans that this is becom- baum-Kennedy legislation that dealt going to represent the best in terms of ing far too prevalent. with health insurance portability and protecting our individual rights and What we need to have is our Govern- accountability. our individual liberties, and not always ment standing up for individual citi- We put in that legislation a require- be serving the large medical corporate zens who cannot hire lawyers, who do ment on the administration to come interests. The administration’s deci- not have the resources to go out and forward with medical records protec- sion has been recommended, suggested, pay for people to bring lawsuits when tions. and supported by those interests. this kind of information is abused or But announced yesterday and today It is wrong. We are going to do every- misused. We need to stand with them was the decision by the administration thing we possibly can to prevent it. and say: Look, if you want to have this to recommend that we wipe away the The PRESIDING OFFICER. The Sen- information, you have to get the pa- most important protections that indi- ator from Connecticut. tient’s and the family’s permission. In viduals have; that is, their ability to Mr. DODD. Madam President, I com- many cases, of course, families are say, no, I will not share the informa- mend my colleague from Massachu- going to give that permission, but you tion that is in my medical records. setts. I had no idea he was coming over have to ask for it, and you have to get In the existing proposed regulations, to the floor to address an issue which their permission to do so. The idea that an individual could say, all right, the he has spent a great deal of time on you could bypass them and just decide March 22, 2002 CONGRESSIONAL RECORD — SENATE S2313 you are going to have access to that in- years in this Chamber, that I knew look at these regulations. And I strong- formation, without securing the pa- countless Members of this body who ly urge that they come back and re- tient’s approval in order to have access took time away from the Senate— issue the regulation, if you will, on the to that information, I think is just missed dozens of votes, never went to specific notification. I think that is the downright wrong. committee hearings, did not see con- way to go. And then, in view of the I am heartened to know that the stituents—because a child, a spouse, or Court’s decision about any additional chairman of the Health, Education, a parent needed our colleagues to be penalties, I would say, pare back on Labor, and Pensions Committee is home with them. And none of their that some way. Again, leave it to legal going to take steps, certainly through constituents ever held it against them, scholars how to write this and how to a hearing process, but, as well, to put when they came up for reelection, be- fashion this. the administration on notice that this cause they missed a lot of votes be- But the point is, on such a close deci- rule change they are about to establish cause they were at a children’s hospital sion—5 to 4—I do not believe the Court is not going to occur without signifi- taking care of a child or they were was suggesting somehow we ought to cant opposition. with their wife or husband when they eliminate the need for specific notifica- I tried to call Senator SHELBY in his were desperately ill and they needed to tion, even though the bill talked about office today. I cochaired the caucus, if be with them. Certainly, we under- general notification. That is the point you will, on privacy along with my col- stood. In fact, had they been here vot- I want to make. league from Alabama, Senator SHELBY. ing and disregarding the needs of their This is a law that I am told has al- I think he may have already gone back families, they might have been in ready provided benefits to more than 35 to his home State of Alabama. He may greater jeopardy politically for having million people in this country in the have left last evening. He was not here made that choice. last decade who have been able to take this morning. But I wanted to invite But it seemed to me if Senators and advantage of this. him to join me in this Chamber, as he Congressmen would make the choice to A lot of people cannot take advan- has on so many other occasions when it be with their families—and rightfully tage of it. I know that because it is un- comes to these privacy issues, to stand so—that we ought not ask average citi- paid leave. A lot of people find them- up to say that we are going to insist zens to make any different choice. We selves in economic circumstances that people have the right to say no. wanted to provide the opportunity for where unpaid leave is something they them to do so without losing their job. I cannot speak for him here, but I am just can’t afford to do. Candidly, we That was the underlying thought proc- confident that when the Senator from would never have passed a bill that Alabama is heard on this issue, his ess and the genesis of the bill. One of the requirements in the bill would have required paid leave. The op- voice and his words will not be signifi- position was overwhelming to that cantly different than what I have said was for a general notification to em- ployees of what the bill provided for: idea. We have since suggested some here already and that, in a bipartisan creative ways in which States may be way, we will be standing up, very the 12 weeks of unpaid leave. There were some regulations that were adopt- able to provide for paid leave under strongly, in seeing to it that this pro- limited circumstances, and we are con- posed rule change is not going to just ed along those lines as a result of the passage of the bill. sidering that legislation. fly through here without significant Even with the unpaid provisions of opposition. I think Sandra Day O’Connor got it right. The Court overruled the regula- this proposal, millions of people have f tion because the regulation required been able to spend time with their fam- THE FAMILY AND MEDICAL LEAVE specific notice to employees. It went ilies during very important periods in ACT beyond, if you will, you could argue, any family’s life. As I said, in the situ- Mr. DODD. Madam President, I rise the general notification of the bill. But ation of a newly arrived child, and I to raise concern about a 5-to-4 decision as Justice O’Connor pointed out, there certainly know the joys of that, having that was reached earlier this week by was nothing in the bill that said you had a daughter 6 months ago, knowing the Supreme Court on the Family and could not have additional require- how important it is for my wife and Medical Leave Act, a bill that, along ments. You had a general notification, myself to be able to spend time with with many others in this body, I helped but there was nothing in the legisla- Grace as she begins her new life. And write back in the 1990s. It took a long tion, nor in the legislative history, certainly as a Member of the Senate, I time—about 7 years—from the time that would have banned a regulation can do that without any fear of losing that bill was first introduced to the saying, you probably ought to give my job because of it. time it became law in February of 1993. more specific notice to individuals There were literally millions of peo- But it was a singular achievement rather than just tacking it up on a bul- ple who could not take time to be with which improved tremendously the letin board someplace and saying: You their newborn without that fear on the quality of life for millions of people have a right to 12 weeks of leave. We table. Obviously, adoption makes the who had worried about their dearly be- hope you get word of this. case clearly how important it is for a loved ones—their children, their par- Her point was it would be unrealistic newly adopted child to be able to be ents—so when their loved one was sick to assume that individual employees with her new parents or his new par- or they had a newborn or adopted a would be aware of what the law pro- ents during that bonding period. child, they could take some time off— vided to them with just a general noti- I don’t think I have to make the 12 weeks maximum in a year of unpaid fication. Her suggestion was that the case. If any of you have been to a chil- leave—to be with their family during a regulation to require specific notifica- dren’s hospital in a waiting room and time of crisis, or a ‘‘joyous crisis,’’ a tion would not be going too far. What seen the fear and anxiety in a mother’s birth, if you will—that is hardly a cri- happened here was the regulation also or father’s face holding a child that is sis but, nonetheless, an important pe- said that if you do not do that, then going into the hospital for some oper- riod in people’s lives, or a legitimate you are required to provide an addi- ation or into a pediatric intensive care crisis—a child’s illness or a parent they tional 12 weeks of leave. unit, looking on the faces of parents were caring for—to be with them with- The case, frankly, before the Court with a newborn who is struggling to out losing their job. may not have been the best fact situa- stay alive, wondering whether or not That is all it was: To help people, tion. In this particular case, the em- they should be there or on the job, as if who often had been caught in the quan- ployer had been extremely generous to somehow they could actually do a job dary of having to choose between the the employee, in my view. The em- while their child is sitting in an emer- family they loved and the job they ployer had already provided about 30 gency room or an intensive care unit. needed, when they needed to be with weeks of leave for that particular em- It seemed to us logical that we pro- their families, yet there was the risk of ployee. So it was one of those cases vide this opportunity for people not to losing their job if, in fact, they made where it was not the best set of facts to be forced into that situation. I regret the choice to be with their family. make the point. we couldn’t do something about having I pointed out, on dozens and dozens of I am in this Chamber to urge the paid leave for people. We are one of the occasions, during the debate over 7 agency, if you will, to take another few countries in the world that does S2314 CONGRESSIONAL RECORD — SENATE March 22, 2002 not do that. Almost every other indus- United States, only to discover the It could not be more clear. The Con- trialized, advanced nation in the world problems that arise cannot be solved gress shall have the power to regulate provides for paid leave under these cir- by these agreements. commerce with foreign nations—not cumstances. We don’t do that. I regret To give an example, the White House the President, not the executive that. But I don’t have 51 votes for that negotiated a trade agreement with branch, not the judicial branch, but the in this Chamber. I had to do what I Canada, under fast-track trade author- Congress and only the Congress. could do. So unpaid leave is the best I ity. I was serving in the House at the With fast track, Congress relin- could do. time. I was a member of the House quishes its responsibility. We will let The fact that millions of people have Ways and Means Committee. The trade someone else go negotiate a trade trea- been able to take advantage of that is agreement came back to the House, to ty, go into a room, shut the door, and something for which I am very proud. I the Ways and Means Committee, and in private, in secret, negotiate a trade hope we can come back to this issue of the vote in committee for that trade treaty, and then bring it back to the notice. This has been a positive benefit agreement was 34 to 1. I cast the lone Congress. Our hands will be tied behind for a lot of people. But a lot of people vote against the agreement. our backs, as we will not be able to are unaware that the law exists. Some The chairman of the committee came offer any amendments. That is what general notice tacked up on a bulletin to me and said: Congressman Dorgan, fast-track trade authority is all about. board someplace means that an awful we must have a unanimous vote. It is I will use a chart to describe one lot of people probably wouldn’t find out very important. You are the only one piece of trade that I think dem- about it. Specific notice makes more who is holding out. It is really impor- onstrates the bankruptcy of what has sense to me. tant you understand that Canada is our been going on in international trade. My hope is the administration will biggest trading partner, our neighbor The example I have in mind involves promulgate a regulation that will call to the north. The administration has trade with Korea in automobiles. Now, for specific notification and tailor it negotiated this with great care. We someone watching or listening on C– accordingly so it will not run afoul of really want to have a unanimous vote. SPAN or someone in this Chamber the Supreme Court decision reached 5 Won’t you join us? might well drive a Korean car. If you I said: Absolutely not. It does not to 4 a few days ago. do, good for you. You have every right matter to me if I am the only vote. It I yield the floor and suggest the ab- to drive it. Korean cars are sold all does not matter to me at all. sence of a quorum. over this country. You can go to a The vote was 34 to 1, and they were The ACTING PRESIDENT pro tem- dealership, and buy a car from Korea, sorely disappointed they could not get pore. The clerk will call the roll. from Japan, from Europe. That is con- a unanimous vote out of the Ways and The legislative clerk proceeded to sumer choice. I would never be critical Means Committee. I was this trouble- call the roll. of that. maker. But the fact that there are lots of Mr. DORGAN. Mr. President, I ask So the trade agreement went into ef- Korean cars coming to our country unanimous consent that the order for fect, passed the House, passed the Sen- does not mean that there is free trade. the quorum call be rescinded. ate. No one was able to offer an amend- You have to look at both sides of the The ACTING PRESIDENT pro tem- ment. I could not offer an amendment. equation. Last year the country of pore. Without objection, it is so or- After the trade agreement was fin- dered. ished, we began to see an avalanche of Korea sent to the United States 569,000 The Senator from North Dakota. Canadian grain being sent into our Korean automobiles. How many cars f country. That Canadian grain came made in the United States are sold in Korea? Only 1,700. I repeat, we pur- FAST TRACK AUTHORITY from the Canadian Wheat Board, which is a state trading enterprise. The Cana- chased in the United States 570,000 Ko- Mr. DORGAN. Mr. President, yester- dian Wheat Board has a monopoly on rean cars and the Koreans purchased day the majority leader of the Senate wheat, and is able to ship to this coun- 1,700 from us. described the conditions under which Let me also describe how this hap- try deeply subsidized Canadian grain, he intended to bring to the Senate leg- undercutting our farmers, taking pens. Korea does not want American islation authorizing trade promotion money right out of our farmers’ pock- cars in Korea. Under the World Trade authority. That is a euphemism for ets. Nothing could be done about it be- Organization, tariff barriers to sending fast-track authority. cause I could not amend the trade American cars to Korea have come President Bush has requested of this agreement. Our hands were tied. That down. Why would we not get more cars Congress that we give him fast-track is what fast-track trade authority is into Korea? In January, an English- trade authority. Like Presidents before all about. language Korean newspaper published him, he has asked to be allowed to ne- Let me talk about trade for a few an article describing the trade barriers gotiate trade treaties and bring them minutes and why I am going to oppose faced by imported cars in the Korean to Congress for expedited consider- this fast-track resolution when it marketplace. It is based on a report ation, without any amendments, under comes to the Senate. I and some others put out by a Korean state-run think any circumstance, for any purpose. in the Senate—Senator BYRD has de- tank, the Korea Institute for Inter- I opposed fast-track authority for scribed his opposition—will be trying national Economic Policy. The report President Clinton, and I will oppose it to slow down the fast track bill, and to cites a widespread climate of fear and for President Bush. I do not believe ultimately defeat it. intimidation associated with imported Congress should grant fast-track au- Let me describe why. It is not be- cars, including threats of physical thority. I think it is undemocratic. I do cause we are protectionists. It is not harm. Now, this is a report by a Korean not believe it is necessary for us to because we want to build a wall around think tank, saying that Koreans face have fast-track authority in order to our country. Those of us who oppose threats of physical harm, lengthy safe- negotiate trade agreements. We nego- fast track believe in expanded trade. ty test procedures, and discrimination tiate the most sophisticated agree- We believe trade is good for our coun- by the traffic police. ments without fast-track authority. try. We believe expanded trade and An especially flagrant example of un- Nuclear arms treaties are negotiated breaking down barriers in foreign mar- fair trade that caught my attention: and brought to the Congress without kets makes sense for our country. We Korean importers have been frustrated fast-track authority. Only trade agree- believe all of that. We also believe and in their inability to showcase foreign ments, we are told, must have this insist and demand that trade be fair. cars at the Seoul Motor Show, the big- handcuff put around Members of Con- Let me point out what the Constitu- gest car show in Korea. In May of 2000, gress, so they cannot offer any amend- tion says about trade. The U.S. Con- the distributors put on their own im- ments. stitution, article I, section 8, says: The port motor show. As the import show The reason I care about this is I have Congress shall have the power to regu- began to attract interest and some or- watched trade agreement after trade late commerce with foreign nations ders for foreign cars, the Korean Min- agreement be negotiated, often trading and among the several States and with istry of Finance announced the selling away the interests of producers in the Indian tribes. of any cars with engine displaced at March 22, 2002 CONGRESSIONAL RECORD — SENATE S2315 greater than 3,000 cc—which is effec- created for American workers and trade, yet no tariffs have been imposed. tively any imported car—would have to American businesses? I am perfectly Make no mistake about the finding of be reported to it. This had an imme- willing to ask Americans to compete unfair trade. Here is what the USTR diate chilling effect on prospective anywhere under any circumstances as found: buyers; a lot of car orders were can- long as the competition is fair. USTR concluded that for several years, the celed due to fears of tax audits and the I said in the Chamber before, it is not Canadian Wheat Board has taken sales from like. fair competition when someone puts a U.S. farmers because it is immune from com- In January of this year, the deputy 12-year-old in a factory, 7,000 miles mercial risk, benefits from special privileges U.S. trade representative, Jon Hunts- from here, works them 12 hours a day, and has competitive advantages due to its man, stated that ‘‘Korea had somehow pays them 12 cents an hour, keeps the monopoly control over a guaranteed wheat doors locked, and ships the product to supply. This infringes on the integrity of the become a dynamic exporter without be- competitive trading system. coming an equally dynamic importer, a store shelf in Pittsburgh, Fargo, or dampening the competition companies Denver. That might be good for the That is how our trade ambassador need to keep their edge in the global consumer in terms of low prices, but it has described the ongoing problem. So marketplace.’’ is not fair trade and it is not fair to is our government taking prompt ac- This is an example of an intolerable America’s producers. tion, as it did for the steel industry? trade situation. We had a hearing one day in which No. USTR has decided not to impose a Let me give you another example, we were told about how some people tariff rate quota, as requested by our about Brazilian sugar. There is a tariff who make carpets in central Asia and wheat farmers, because of fears that on sugar, but none on molasses. So the Middle East. They put the young such an action ‘‘would violate our what happens? Brazilian sugar is sent kids, 8-, 10-, 12-year-old kids, in the fac- NAFTA and WTO commitments.’’ into the United States through Canada tories, and they use needles to work So in effect, USTR has concluded disguised as molasses. It is shipped with the carpets. They put gunpowder that Canada is guilty of unfair trade, from Brazil to Canada, loaded on as liq- on the tips of their fingers and lit the but it is not going to do anything uid molasses, and becomes stuffed mo- gunpowder to burn them, so that the about it anytime soon. Granted, USTR lasses. It comes from Canada to the tips of their finger became deeply is talking about taking the Canadians United States. The sugar is unloaded scarred from the burns. That way, to the WTO. My great-great-grand- from the stuffed molasses. The molas- when the kids were making carpets and children might get some result out of ses go back to Canada, and the whole they would stick their fingers with the the WTO. There is no guarantee it will process is repeated. This is fundamen- needles, they could not feel it and it be a good result. I guarantee only that tally unfair trade. It goes on all the would not hurt—no downtime. And the way the World Trade Organization time, right under our noses. And noth- then the carpets end up on a store shelf works, the proceedings will not be ing is being done about it—nothing. No someplace in the United States. Fair transparent, because panels deliberate one is willing to lift a little finger to trade? I don’t think so. Abusing chil- cases behind closed doors, in secret. resolve these problems. All they want dren is not fair trade just because a This country ought to demand open to do is go to the next trade issue. product is getting manufactured at government and demand that World Over $100 million in U.S. beef per lower costs. Abusing children is just Trade Organization proceedings be year cannot get into Europe. Now, I plain abusing children. open for all to see. have here a picture of what a typical We ought not have on any store shelf When we have the fast track, so- U.S. cow, or heifer might look like. It in any place in this country the prod- called trade promotion authority bill uct of slave labor wages. We should not happens to be a Hereford. That is what on the floor of the Senate, there will be be letting in women’s blouses made in I raised when I was a kid. Now, our cat- a number of amendments. I intend to a factory in Honduras where the doors tle are sometimes fed hormones, and to offer an amendment saying that the are locked and people are paid slave hear the Europeans describe it, our cat- proceedings of trade tribunals must be wages—we ought not have that on the tle have two heads. Absurd, of course. open to the public. The American peo- store shelves of this country. That is We buy a lot from Europe every single ple have a right to see what is going not good for consumers. It is not good year, but we cannot get beef into Eu- on. And they may not like what they for anybody. see. rope. This country needs to be a leader in There is so much more. Every pound Also, I will have an amendment pro- demanding fair trade. We do not do posing tariff rate quotas on Canadian of beef we send into Japan at the mo- that. We want to pass fast track so we wheat. I am going to raise some of the ment, 12 years after we had a beef can do another trade agreement, and 1 trade problems I have discussed today, agreement with Japan, has a 38 ⁄2 per- essentially keep a blind eye for what is and I think the Senate ought to have a cent tariff. Each pound of beef has a going on in the old agreements and 1 chance to vote on this. 38 ⁄2 percent tariff attached when we move on to the next one. send it to Japan. That is after we had I got involved with this issue because Advocates of free trade sometimes a beef agreement. We had all the nego- of wheat farmers in North Dakota. remind me of the Hare Krishnas, who tiators over there who reached a big After the United States-Canada free chant the same thing over and over. deal with Japan. It was front-page trade agreement, I watched all that Ca- Our trade negotiators are always sing- headlines across the country: Beef nadian grain being dumped into our ing the same song: free trade this, free agreement with Japan. Good for us. country, money taken from the pock- trade that. I am tired of the chanting. The agreement provided there will be a ets of our farmers and ranchers. They The question is, Is someone going to 50 percent tariff on all United States are furious about it, as well they stand up on the floor of the Senate and beef going to Japan, which will reduce should be. demand fair trade on behalf of Amer- over time, but snap back as the quan- On March 6, the U.S. trade ambas- ica’s workers and America’s producers? tity increases. We have gotten more sador stood up for the American steel Do we demand fair trade or don’t we? beef into Japan, yes, but 12 years after industry. He said: We will slap tariffs In this town there are only two rec- the agreement, we still have a 381⁄2 per- on those who are unloading massive ognized views of trade. You are either a cent tariff on each pound of beef going amounts of steel in this country and protectionist xenophobic stooge who into Japan. ruining our steel industry. We will give just doesn’t get it and can’t see over We ought to expect to get more T- our steel producers a chance to com- the horizon and can’t see the big pic- bones into Tokyo. That is my cry: T- pete on a more level playing field. Now, ture, or you are for global trade, ex- bones to Tokyo; pork chops to China. the tariffs are not what they should panded trade, opportunity, and jobs for Get rid of stuffed molasses to China. have been. There were too many loop- the future. That is the way the issue is How about cars to Korea? holes. But at least it is a step in the presented. You are either kind of a nut How about asking those who are sup- right direction, and I commend the who wants to build walls around Amer- posed to represent our country to stop trade ambassador for doing that. ica and bring Smoot-Hawley back, or worrying about the next agreement But the fact is, we also just had a you have a broad vision and you are a and fix a few of the problems we have guilty verdict against Canada on wheat great statesman and good for you. S2316 CONGRESSIONAL RECORD — SENATE March 22, 2002 That is the most thoughtless bunch China and Japan, it has been a miser- I did want to say, however, as we con- of nonsense I ever heard. That is not an able failure. Our trade relationship struct homeland defense, I think the adequate description of the views of with them has failed to really break administration’s recommendations are trade we ought to embrace. There down the barriers and open up their good ones. I support them. I have com- ought not be anyone who is worried markets. mended President Bush for his prosecu- about standing up on the floor of the So my message is not that I want us tion of the war against terrorism. I Senate and saying: Look, I stand up for to put walls around our country. I think his recommendations in this this country’s interests. I stand up for don’t believe in that. My message is budget dealing with homeland security the interests of people who work in not that we should create special pro- are some thoughtful and good rec- this country, who produce textiles, who tections for American producers. I ommendations. work on the manufacturing floor, and don’t believe in that. I believe in fair, But there is one recommendation who produce automobiles, who work in free, and open competition. My mes- that is now floating around, being ad- the fields and produce grain or live- sage is, I demand, on behalf of the vanced by Governor Ridge and others, stock. We stand up for them. workers and producers of this country, that I will not support. That is a rec- Our government is not ensuring a that trade agreements represent fair ommendation to merge the Customs level playing field. We have stacked trade conditions. If the rules are fair, if Service with the Immigration Service. the deck with bad international trade the conditions are fair, then we ought Let me describe why I think that agreements, ineffective trade nego- to be able to compete. I know we will would be inappropriate. tiators and bad agreements, one after compete and do well anywhere in the There is a discussion going on about the other. Now we are told, let’s imple- world under those circumstances. merging a number of agencies of the ment fast-track authority again so we This issue is an issue, at its roots, Federal Government into one larger can have a new agreement. I say to that has to do with jobs and economic agency. We are not going to solve the those who demand fast-track author- opportunity and growth. When we give problems of any agency by simply cre- ity, please fix a few of the old problems commencement speeches at high ating larger bureaucracies. That and then come back and we will talk schools and colleges, we look out onto doesn’t solve any problems of govern- about new agreements. Fix some of the that sea of faces of young men and ment. old problems first. women, the best and brightest in our We had an embarrassing cir- Will Rogers once said that the United country, and we see people who are en- cumstance a couple of weeks or so ago States has never lost a war and never tering the workforce. The question is, in which the Immigration Service won a conference. He must surely have What kind of an economy will they issued visas to Mohammed Atta and been thinking of our negotiators. I join? one of the other terrorists who flew the We have people around this country have suggested many times that our airplanes into the World Trade Center bragging about their states being low- negotiators wear jerseys, like they do and murdered thousands of people. wage states. That is nothing to brag in the Olympics. Next time they sit We need to solve those problems at about. We need good jobs, good careers, around a table with China, Japan, Eu- the INS. I must say Mr. Ziglar, who good salaries, and good opportunities rope, Canada, and Mexico, they could runs the INS, a friend of mine and ac- for the future. Manufacturing jobs have look down at their jersey and be re- quaintance of most of the Senate, has always been a base of good jobs that minded that they represent the United inherited an agency that had a lot of pay well and have good benefits, but problems, no question about that. I States. They represent workers, busi- our manufacturing industry is rapidly know he is struggling mightily to deal nesses, investors, and others who have being decimated by trade agreements with them. I wish him well and I want decided that, in a global economy, they that are unfair to American workers to help him to do that. But he inher- want a fair shake. Nothing more more, and American businesses. just a fair shake. So I simply wanted to say today that ited an agency that wasn’t able to I am flat sick and tired of seeing ne- we are going to have a vigorous and track anything on its computers. It gotiators go abroad and negotiate a significant debate on this issue. It is couldn’t track down someone who over- trade agreement that ties America’s long overdue. I welcome the oppor- stayed a visa. I think Mr. Ziglar has a hands behind its back. tunity to have trade promotion author- lot of work to do, and I want to help The first 25 years after the Second ity on the floor. Those who bring it him do that. World War our trade was all foreign should understand it will not be easy But visiting the problems at the INS policy. We were bigger, better, stronger to get it. Those of us who have amend- that Mr. Ziglar inherited on the Cus- than anybody in the world, and we ments to offer will be here offering toms Service makes no sense at all. could outperform anyone with one many amendments. The Customs Service runs pretty well. hand tied behind our back. So what we We have some problems there as well, did is we granted trade concessions all f but it is an entirely different agency, around the world because it was for- CONGRESSIONAL OVERSIGHT OF which deals with the facilitation of eign policy to be helpful to foreign gov- HOMELAND SECURITY trade and the prohibition of illegal ernments. That was the first 25 years Mr. DORGAN. Mr. President, I am goods from coming into the country. It after the Second World War. chairman of an appropriations sub- is the second largest revenue raiser for The second 25 years have been dif- committee. Last fall we asked Gov- the Federal Government next to the In- ferent because we suddenly had tough, ernor Ridge, who is the Director of ternal Revenue Service. So I don’t shrewd international competitors. Too Homeland Security, to come and tes- want to visit upon the Customs Service much of our trade policy has been soft- tify on matters dealing with homeland the problems of the INS or any other headed foreign policy. And it is not security issues. In my subcommittee, Federal agency, and I don’t believe you working. we fund the U.S. Customs Service and solve the problems with respect to We have a large, growing trade def- others. these issues by creating larger govern- icit, the largest in human history—a Governor Ridge determined that he ment and bigger bureaucracies. large deficit with China, a large deficit could not do that and would not do So again, I would encourage Gov- with Japan, a large deficit with Eu- that. Other committees have experi- ernor Ridge to come testify before Con- rope, a large and growing deficit with enced the same reaction from the Gov- gressional committees, and discuss Canada and Mexico. This is not work- ernor. I think the administration is matters such as these. The idea of ing. making a mistake. I think Governor merging Customs and the INS is one We used to have a small trade surplus Ridge is an excellent public servant. I that I just cannot support. with Mexico and then we had a new enjoy working with him, but he really Mr. President, I suggest the absence trade agreement with Mexico and does need to come and testify before of a quorum. turned it into a big deficit. We had a congressional committees. I think it The ACTING PRESIDENT pro tem- moderate deficit with Canada. We got a will benefit him, it will benefit the pore. The clerk will call the roll. new trade agreement with Canada and Bush administration, it will benefit the The assistant legislative clerk pro- doubled the deficit. Of course, with Congress and the American people. ceeded to call the roll. March 22, 2002 CONGRESSIONAL RECORD — SENATE S2317 Mr. DODD. Mr. President, I ask unan- madge. As a colleague of the late Her- one of the most progressive adminis- imous consent that the order for the man Talmadge, I say these few words trations in the history of that great quorum call be rescinded. in memory of him. state of Georgia. The ACTING PRESIDENT pro tem- Mr. President, there was once a say- In 1957, he took a seat in the Senate. pore. Without objection, it is so or- ing in the state of Georgia that ‘‘if you I can see him standing over there, a dered. were not a Talmadge man, you were a man of few words. He was like John f communist.’’ That saying spoke so well of the high Pastore. Those two men were among RECESS SUBJECT TO THE CALL OF the sharpest witted Senators with THE CHAIR regard, the esteem, and the respect that the people of that proud southern whom I have ever served. Mr. DODD. Mr. President, I ask unan- State, which was one of the original 13 In 1957, Herman Talmadge began an imous consent that the Senate stand in States, possessed for the Talmadge extraordinary career, which included recess subject to the call of the Chair. family and why the Talmadges were serving as chairman of the Senate There being no objection, the Senate, such a politically prominent family for Committee on Agriculture, Nutrition at 1 p.m., recessed subject to the call of so many years. and Forestry, where he became known the Chair and reassembled at 1:22 p.m. The Talmadge dynasty began in as the ‘‘champion of American agri- when called to order by the Presiding 1926—I was a little boy in a 2-room culture’’ because of the imprint he left ODD.) Officer (Mr. D school house in southern West Virginia The PRESIDING OFFICER. The Sen- on almost all farm legislation that was that year—when Eugene Talmadge was ator from West Virginia. passed during his tenure as chairman. Mr. BYRD. I thank the Chair. elected Commissioner of Agriculture. He authored legislation to expand and f He was later elected Governor of Geor- improve the School Lunch Program. He gia to an unprecedented four terms. SENATOR HERMAN TALMADGE helped to develop the Food Stamp Pro- It continued with his son, Herman gram. As chairman of the Agriculture Mr. BYRD. Mr. President, I take a Eugene Talmadge whose death we Committee and a crusader for rural de- few moments today to recall the days mourn today. Herman Eugene Tal- velopment, Senator Talmadge estab- of yesteryear. madge served the State of Georgia first lished a rural development sub- I came to this body in January of as Governor, 1948–1955, and then as a committee and led the enactment of 1959, after having served in the other United States Senator, 1957–1980. the Rural Development Act of 1972. body, the House of Representatives, for He had been in this body 2 years 6 years. When I came to the Senate, I when I came and when the father of the He was a member of the Senate Fi- came into the midst of a chamber that Presiding Officer today, the late Thom- nance Committee—there was a sharp was made up of men and one woman, as Dodd, came to the Senate with me. brain on a great committee, the Senate Margaret Chase Smith of Maine. These We came together from the House Finance Committee. I have never seen men were ‘‘tall men, sun crowned, who where we had previously served to- men or women in this Senate whose live(d) above the fog in public duty and gether. brains were more sharp than that of in private thinking,’’ men like Richard During the Talmadge tenure, other Herman Talmadge. B. Russell of Georgia. Senator Richard powerful political leaders emerged in He was also very active on welfare Russell had never married, but he had that great state, and obtained state legislation long before it became a pop- a bride. His bride was the Senate. and national offices. These included ular issue to promote, and he authored There was none other like him. Senator Richard Russell, who sleeps a provision giving tax credits to pri- In my service in the Senate, this man peacefully today under a southern sky vate businesses to provide job training. from Georgia, Richard Brevard Russell, in a lonely cemetery in Georgia. I There was a pioneer! was the uncrowned leader, as far as I stood in that cemetery, at the grave of am concerned, of the Senate. There the late Senator Richard Russell. Talmadge was always a powerful pro- were men like Lyndon Johnson, Ever- Then there was President Jimmy ponent of programs calculated to get ett Dirksen, Lister Hill of Alabama, Carter. I served as majority leader in people on their feet, and to give them John McClellan, William Fulbright, this body during the years of his Presi- the means with which to secure their Norris Cotton, and I could go on; John dency. Then there was Senator Sam future and the future of their children. Pastore of Rhode Island, Senator Nunn, whom we all know, remember, He was just as adamantly opposed to O’Mahoney of Wyoming. They are all and respect, and for whom we have an programs he felt perpetuated cycles of gone now. enormously high regard. dependency, ‘‘You gotta have more I look about me today and I see the But the Talmadges were always people pulling the wagon than riding,’’ desks and the chairs. They were here there! he was fond of saying. He could say it then. Then one after another, as I look Some maintain that the Talmadge crisply, succinctly, right to the point. about me, I can see those Senators, reign ended in 1980 when Senator Her- Senator Talmadge came to national Wayne Morse, Wallace Bennett, Jacob man Talmadge lost his bid for reelec- attention in 1973, when he was ap- Javits, and Herman Talmadge. tion. But I can’t help but believe that pointed to serve on the Watergate I stand alone in this Chamber as in a it did not end until this past Wednes- Committee. According to an article on great banquet hall where men have day night when this sharp-witted man him in the Georgia Historical Quar- come and gone, fallen like winter’s of simple values, who spent so much of terly, Senator Talmadge: withered leaves. There is only one his life in public service and who did so other Senator today who was here much to make his State and our Na- . . . thought the Watergate investigation when I came here: STROM THURMOND. tion better, passed away. His passing was one of the most important events in the The Senate is a far different place, should serve to remind all of us how history of the United States [because] it far different from what it was when the demonstrated how a republican form of gov- much we need people who are dedicated ernment [This is not a democracy, it is a re- Senator who is presiding over this Sen- to public service. public; it is a republican form of Govern- ate today, Senator CHRISTOPHER DODD, Herman Eugene Talmadge’s public ment] could correct the conduct of public of- was a page boy; a different Senate. Yes, service began during World War II. Now ficials and alert others not to make the same it is a different time. But the memories listen to this: he was serving in the mistake. of those men and that woman who gave Navy when Pearl Harbor was attacked. her ‘‘Declaration of Conscience,’’ Mar- He immediately requested combat It was during the Watergate hearings garet Chase Smith of Maine, are still in duty, and participated in a number of that the American people were able to my heart. important naval engagements during observe for themselves the penetrating, I begin now to make a few remarks the war, including the invasion of Gua- get-to-the-heart-of-the-matter style of about one of those Senators whose dalcanal and the Battle of Okinawa. He Senator Talmadge, and I am sure they names I have mentioned, the late Sen- was present at the Japanese surrender were impressed. ator Herman Talmadge. We heard the in Tokyo Bay. Despite Senator Talmadge’s produc- distinguished Senator from the State Upon the death of his father, Herman tive and historic achievements in the of Georgia yesterday, Mr. ZEL MILLER, Talmadge became Governor of Georgia, Senate, his life was not without adver- speak of the passing of Herman Tal- and his administration is regarded as sity. While serving in this Chamber, S2318 CONGRESSIONAL RECORD — SENATE March 22, 2002 Senator Talmadge suffered the tragic the Republican leader, may resume the ture in the country. Florida merely death of one of his sons, and endured consideration of S. 565, the election re- highlighted for many Americans what other personal and professional misfor- form bill; that debate on the bill be had happened in many of the States as tunes. limited to 2 hours equally divided in well. Nevertheless, in his memoirs (Tal- the usual form; that the following be This bill, while not a complete an- madge, A Political Legacy, A Politi- the only remaining first-degree amend- swer, will put us on a very strong road cian’s Life: A Memoir), he wrote: ments in order, and that debate on to resolving a lot of the outstanding In looking back over my life, I suppose I each amendment be limited to 30 min- issues that occurred then. have the normal share of regrets. But if I had utes equally divided in the usual form I am very grateful to the staffs of all it all to do over again, I wouldn’t hesitate to unless otherwise listed; further, that those Senators involved—Senators enter politics. The rewards far outweigh the no second-degree amendment be in SCHUMER and TORRICELLI. I thank my price one has to pay. When I speak to a civic order prior to a vote in relation to each own staff, Veronica Gillespie and club or just walk down the street, I invari- amendment; further, that second-de- ably run into someone who has benefited in Kennie Gill of the Rules Committee, as some way from my three-and-a-half decades gree amendments must be relevant to well as Shawn Maher of my office, who in public life. Yes, it was a good life. the amendment to which it is offered have worked very hard. We are not and debate be limited to 30 minutes un- Mr. President, Herman Eugene Tal- done yet. We have work to do on this less otherwise listed; further, that any madge served his country and he served unanimous consent agreement to deal pending amendment not listed be with- it well, in war and in peace. He served with the remaining amendments and drawn; that upon disposition of the his State and the people of America then a conference with the House. listed amendments, the bill be read the very well with his extraordinary career But this unanimous consent agree- third time and the Senate vote on pas- in the Senate. His was indeed a ‘‘good ment, which took the cooperation of sage of the bill; and that upon passage, life’’ and one for which all of us can be all Members of this Chamber, brings us the title amendment, which is at the grateful. So: very close to final passage of a good desk, be agreed to and the motion to bill, my firm hope is, so that resources Let Fate do her worst, there are relics of joy, reconsider be laid upon the table, all Bright dreams of the past, that she cannot in the discretionary funds of this bill destroy; without further intervening action or might even be available for the 2002 Which come, in the night-time of sorrow and debate; further, that no call for the election, if we can get this done some- care, regular order be in order with respect time over the next several months; And bring back the features that joy used to to this bill: that is, the final conference report. wear. Senator LEVIN, provisional balloting; The purpose of this bill, as has been Long, long be my heart with such memories Senator CLINTON, residual ballot bench- stated by many, is to make it harder to filled! mark; Senator ROCKEFELLER, overseas defraud the system but, just as impor- Like the vase in which roses have once been voters; Senator WYDEN, voting by mail distilled, tantly, to make it easier for people to and first time voter; Senator NELSON of You may break, you may shatter the vase, if cast their ballots: the provisional vot- you will, Florida, DOJ request; Senator NICKLES, ing provisions, statewide voter reg- But the scent of the roses will hang round it confidentiality voter lists; Senator istration, making sure people who are still. ROBERTS, provisional balloting notices; disabled will have access to voting, Mr. President, I yield the floor. I sug- Senator HATCH, Internet study; Sen- being able to check your vote, not gest the absence of a quorum. ator THOMAS, sense of Senate on rural overvoting, as well as the antifraud The PRESIDING OFFICER. The concerns; Senator GRASSLEY, use of So- provisions and the provisions dealing clerk will call the roll. cial Security numbers; Senator SMITH with the establishment of a permanent The legislative clerk proceeded to of New Hampshire, election media re- commission on elections. call the roll. porting; and Senator DODD and Senator All Members in this Chamber have Mr. BYRD. Mr. President, I ask unan- MCCONNELL, managers’ amendment. been extremely cooperative on seeing The PRESIDING OFFICER. Without imous consent that the order for the to both of those twin goals: easier to objection, it is so ordered. quorum call be rescinded. vote and harder to defraud the system. Mr. DODD. Mr. President, let me ex- The PRESIDING OFFICER. Without Without the cooperation of everyone in press my very sincere gratitude to both objection, it is so ordered. this Chamber, we would not have ar- leaders, first of all to Senator DASCHLE rived at this unanimous consent agree- f and his very fine staff who were im- ment. RECESS SUBJECT TO THE CALL OF mensely helpful in pulling this to- gether. I thank the Republican leader, So it is a great compliment to Mem- THE CHAIR bers from all across the country that Senator LOTT, for his wonderful leader- Mr. BYRD. Mr. President, at the re- ship. He has been tremendously helpful we have been able to arrive at this quest of the majority leader, I ask to us in putting this agreement to- unanimous consent agreement, the dis- position of these amendments, and unanimous consent that the Senate gether. I also thank Senator MCCON- final passage of the bill that will make stand in recess awaiting the call of the NELL and Senator BOND and their staffs it possible for us to say we have made Chair. for making it possible. Senator LOTT’s There being no objection, the Senate, office worked very closely with their it easier to vote in America and harder at 1:50 p.m., recessed subject to the call offices in bringing us to this point. to defraud the system. If that is of the Chair and reassembled at 3:34 We have had an awful lot of amend- achieved in the final product we p.m. when called to order by the Pre- ments. This bill had already handled produce, we will have responded to the siding Officer (Mr. JOHNSON). some 35 or 40 amendments. We then challenge posed to us by what occurred The PRESIDING OFFICER. The Sen- had to lay the bill aside, and there was not only in the 2000 national election ator from Connecticut. still an outstanding list of 40 or 45 but what had been occurring across the f amendments. This is a much more ab- country for many years. I express my breviated list, and it will allow us to gratitude again to all involved. UNANIMOUS CONSENT get to final passage on this bill. With that, I suggest the absence of a AGREEMENT—S. 565 I am very optimistic we will end up quorum. Mr. DODD. Mr. President, I am about with a positive vote in the Senate on The PRESIDING OFFICER. The to propound a unanimous consent re- this very important issue of election clerk will call the roll. quest on behalf of the Democratic lead- reform. It has been a little more than The legislative clerk proceeded to er. This consent request has been a year since the election of 2000. As we call the roll. cleared on the Republican side as well have said, this bill is forward looking. Mr. DODD. Mr. President, I ask unan- as the Democratic side. Let me read it, It is not about what happened in 2000; imous consent that the order for the if I may. rather, what had been happening for quorum call be rescinded. I ask unanimous consent that the many years in regard to the deterio- The PRESIDING OFFICER. Without majority leader, in concurrence with rating condition of our election struc- objection, it is so ordered. March 22, 2002 CONGRESSIONAL RECORD — SENATE S2319 NOMINATION OF JAMES MAHAN Court of Appeals in 1974, and the U.S. lion girl members and over 900,000 Mr. REID. Mr. President, I am very Supreme Court in 1980. adult members, making this the larg- pleased that the Senate has approved Jim Mahan was born in El Paso, TX, est organization for girls worldwide. Judge James C. Mahan, of Las Vegas, on December 16, 1943. His family even- Moreover, this American organization to be the next judge on the United tually moved to Grand Junction, CO, is a member of the larger worldwide States District Court for the District where he graduated from high school. family of 10 million girls and adults in of Nevada. Jim graduated from the University of 140 countries. May I say on behalf of my colleague, Charleston in Charleston, WV, in 1965, Through Girl Scouting, girls acquire Senator ENSIGN, and myself that Jim and received his law degree from Van- self-confidence and expertise, take on Mahan has the unequivocal support of derbilt University School of Law in responsibilities, are encouraged to both Senators from Nevada. 1973. In between his graduate and law think creatively and act with integ- Jim Mahan currently serves as a school studies, Jim served in the rity, all qualities essential for good Judge on the Eighth Judicial District United States Navy. citizenship and great leaders. At each Court in Clark County, Nevada, He was Jim has been blessed with a beautiful level of Girl Scouting, girls engage in Governor Kenny Guinn’s first judicial family. He and his wife of 33 years, Ei- numerous activities including science appointment to the Clark County Dis- leen, are the proud parents of one son and technology, sports, health and fit- trict Court in February 1999, an ap- James, Junior, who is a graduate from ness, the arts, global awareness, com- pointment that reflects the deep re- the University of Southern California. munity service, money management spect Judge Mahan has garnered from In short, Jim Mahan has already and finance, and much more. Impor- his colleagues and other Nevada offi- proven that he is an excellent judge tantly, the organization has estab- cials. Since taking the bench on March and a fine Nevadan. He will make an lished a research institute, receiving 8, 1999, he has presided over a docket of outstanding addition to the Federal government funding to address vio- more than 3,000 civil and criminal bench. lence prevention. It is also addressing cases. Despite this heavy docket, Judge f the digital divide with activities that encourage girls to pursue careers in Mahan also hears probate matters, CAMPAIGN FINANCE REFORM drug court and grand jury returns on a science, math, and technology. regular basis. Mr. FEINGOLD. Mr. President, our In 2001, GSUSA launched a major ini- As my colleagues have heard me victory Thursday on campaign finance tiative rededicating themselves to state on numerous occasions, Las reform was a tremendous victory for their founder’s vision of empowering Vegas has been the fastest growing the American people, and it wouldn’t girls to grow into healthy, resourceful metropolitan community in the United have been possible without the tremen- citizens. They are diligently working States for more than a decade. Very dous support of grassroots organiza- to ensure that Girl Scouting is avail- hard work and dedication is required of tions whose members and staff worked able to every girl in every community, our judges, policemen, firemen, and tirelessly to help us pass this bill. I reaching beyond racial, ethnic, socio- other civil servants on a daily basis. mentioned a few of those organizations economic or geographic boundaries. These qualities will serve Judge on the floor yesterday, but I wanted to Girl Scout troops meet everywhere in- Mahan well on the U.S. District Court take this opportunity today to single cluding suburban, urban and rural for the District of Nevada, whose dock- out four other groups who made invalu- areas, homeless shelters, migrant farm et has increased at a rate that mirrors able contributions to our effort as part camps, and juvenile detention facili- the explosive growth of my home of the Americans For Reform coalition. ties. Some girls meet online via the State, especially Las Vegas. The Sierra Club, AARP, the League of Internet. And through one of Girl I am so proud to have played a role in Women Voters, and NETWORK, the Scout’s signature initiatives, Girl creating three additional judgeships Catholic social justice lobby, deserve Scouts Beyond Bars, girls meet in pris- for the District of Nevada over the last special recognition for the work they ons where their mothers are incarcer- few years. did on this legislation. I would also ated. Prior to the Senate’s confirmation of like to thank John Weaver and Lanny Out of the almost one million adults Roger Hunt and Kent Dawson last year, Wiles for their assistance during this in Girl Scouting, 99 percent are volun- and Larry Hickes last month, Nevad- effort. In particular, I am grateful to teers. While Girl Scouts enjoys the ans seeking justice in Federal court the people of Wisconsin whose support largest adult involvement of all such were forced to wait up to 3 years before for this issue has been strong and organizations, new leaders and mentors their case went to trial. And these steadfast. are constantly needed to serve the in- delays may have been worse had it not f creasing number of participants who been for our hard working judges. desire to be Girl Scouts. THE 90TH ANNIVERSARY OF THE Those judges hear, on average, more Though the first troops met before GIRL SCOUTS OF THE USA cases than any active judges through- women were given the right to vote, 90 out the country. Mr. BROWNBACK. Mr. President, I years later there is a ‘‘Troop Capitol Although the docket remains one of would like to take this opportunity to Hill’’ made up entirely of Congress- the busiest in the Federal judiciary, recognize the 90th anniversary of the women who are honorary Girl Scouts. these judgeships—and the fine jurists Girl Scouts of the USA, GSUSA, this More than 50 million women are alum- who have filled them—have had an im- month. Girl Scouting began on March nae. Over two-thirds of our doctors, mediate impact on the Federal bench 12, 1912, when founder Juliet Gordon lawyers, educators, community lead- in Nevada. When he takes his place on Low assembled 18 girls from Savannah, ers, and women Members of Congress the District Court, Jim Mahan will be GA. She believed that girls should be were once members of Girl Scouting, as a tremendous asset to what is already given the opportunity to develop phys- were 64 percent of the women listed in one of the finest courts in the nation. ically, mentally, and spiritually. ‘‘Who’s Who of American Women.’’ As he assumes his new judgeship, This excellent organization empow- For 90 years this month, this re- Judge Mahan also will be taking a ers girls to develop their full potential, spected organization has demonstrated wealth of other experiences with him to relate positively to others and their a proven track record of empowering to the bench. Before becoming a judge, community, and to promote sound val- girls to become leaders, equipping he and Frank A. Ellis III formed the ues and community service. GSUSA adults to be positive role models and law firm of Mahan & Ellis, where they continues to expand its programs to mentors for children, and helping to practiced business and commercial law address contemporary issues affecting build strong communities. With the for 17 years in Las Vegas. girls, while maintaining its original support and dedication of Congress, A long-time resident of Las Vegas, core values. The organization’s founda- Girl Scouts will surely continue this having lived and practiced law continu- tion is still premised on the original fine tradition for the next 90 years and ously since 1973, Jim was admitted to 1912 ‘‘Girl Scout Promise and Law.’’ beyond. practice in Nevada in 1974 in both State Today, Girl Scouting has a member- Mr. CORZINE. Mr. President, I rise and Federal court, the Ninth Circuit ship of 3.8 million, comprised of 2.7 mil- today to celebrate the 90th anniversary S2320 CONGRESSIONAL RECORD — SENATE March 22, 2002 of the Girl Scouts of the United States ethanol in a very inflexible way due to air pollutant emissions by maintaining of America. Founder Juliette Low envi- the existing oxygen content require- the overcompliance that refiners have sioned an organization that would en- ment in the Clean Air Act. In that situ- achieved since the inception of the courage girls to serve in their commu- ation, and without the anti-backsliding RFG program. This is particularly nities and experience the open air. Dec- provisions in the substitute amend- vital to the Northeast, as vehicles are ades later, girls and young women from ment before us, there might be signifi- a disproportionately large source of communities across our Nation enjoy cant increases in vehicle emissions of these emissions inventory. The lan- scouting activities that nurture their both volatile organic compounds, guage includes an important statutory mental, physical, and spiritual well- which contribute to smog, and toxic air deadline for further EPA rulemaking being in an accepting and supportive pollutants, and large and sudden in- to impose any additional and necessary environment. I commend the efforts of creases in gasoline prices could also toxics reductions to protect public the Girl Scouts and the outstanding occur. health. As my colleagues may know, volunteers who make this important I would have preferred a bill that, in several studies have implicated vehicle work a reality. addition to eliminating the oxygen toxics emissions as a contributor to in- Thousands of girls across the State of content requirement, simply elimi- creased cancer and developmental risks New Jersey actively participate in Girl nated the existing one-pound waiver of in congested urban areas. Scouts. I have heard heartening stories Reid vapor pressure requirements for Perhaps as important, the amend- of scouts visiting senior residence fa- ethanol blends and allowed all Gov- ment requires the EPA to do a much cilities, food pantries, and soup kitch- ernors to opt-in easily to the RFG pro- better job of ensuring that fuels and ens. In the wake of September 11, these gram for their whole States. But, at fuel additives don’t harm water qual- thoughtful young people contributed in least this language expedites Gov- ity, as well as air quality. Manufactur- many meaningful ways. These active ernors’ access to that RVP waiver’s ers will need to regularly supply infor- girls and young women participate in elimination and provides accelerated mation to the Agency on the public anti-smoking campaigns, sports, les- opt-in authority to the entire States in health and environmental impacts of sons in civics and the law, outdoors ac- the ozone transport region, where the the use of fuels and fuel additives. The tivities, and much more. These initia- ozone problems are quite serious. My Administrator will be held responsible tives build self-confidence, and strong preferred construction would have gone for assuring that that data is up to leadership and life skills. We cannot even further toward providing ever date and adequate for determining underestimate the importance of this greater air quality benefits and a clear- whether those substances’ use is a positive reinforcement in the lives of er set of ‘‘national’’ fuels. cause for concern. girls and young women. Innovative The provision on liability limitations As my colleagues know, I have been a leadership and tremendous outreach ef- for renewable fuels is also problematic strong proponent of encouraging the forts in my State continue to promote in that it is not clear to many of us use of alternative and renewable fuels the Girl Scout initiative For Every why such a limitation is necessary. for decades. That is why I have sup- Girl, Everywhere. I offer my whole- One would assume that Congress has ported S. 760, a bill to provide incen- hearted support for this ambitious en- required a renewable fuel content in tives for those fuels and vehicles, and deavor. Imagine the possibilities! motor vehicle fuel knowing what re- many many other efforts to motivate Thank you, Girl Scouts, for decades newable fuels will be used to meet this reductions in our dependency on petro- of volunteerism in our communities requirement. Indeed, we assume that leum. We are making a small dent in and dedication to young women. As our these renewable fuels will be ethanol that dependency with this language. nation affirms its commitment to serv- and biodiesel. If these renewable fuels The total motor gasoline consumption ice, the Girls Scouts shine so brightly. are as beneficial to the public health as in 2012 is expected to exceed 180 billion Congratulations on this very special we have been lead to believe, then gallons annually. The substitute’s pro- occasion. there should be no need for such a li- visions require that about 2.8 percent f ability limitation. of gasoline consumption in that year to Under the provision, it is clear that be fuel made from renewable sources. ENERGY POLICY ACT OF 2002 no liability limitation applies to This is good for energy security and Mr. JEFFORDS. Mr. President, the MTBE. It is clear that no liability limi- the environment. Daschle-Bingaman substitute amend- tation applies to any cases filed prior ment, also known as the Energy Policy to the date of enactment of the bill. It Work has been underway in Congress Act of 2002, includes portions of a bill is clear that the limitation applies to try to solve this problem since that was reported favorably last year only to a defective product claim and MTBE contamination was first found. from the Committee on Environment no other type of claim. It is clear that Senators BOXER, FEINSTEIN and BOB and Public Works. this limitation applies only to a renew- SMITH, in particular, have been instru- That bill, the Federal Reformulated able fuel, and if such fuel is blended mental in addressing the matter. Be- Fuels Act, S. 950, was approved with with substances that do not meet the fore S. 950, the Committee on Environ- the committee’s understanding that definition of a renewable fuel, the limi- ment and Public Works reported a bill, further action by the full Senate would tation does not extend to those sub- S. 2962, in the 106th Congress which had be necessary to solve the delicate prob- stances. an effect similar to what is contained lem of eliminating MTBE from the fuel The limitation is not intended to in this substitute amendment. Many of supply to protect water resources, limit any legal requirements that the most important concepts in those while maintaining air quality and apply to the use, distribution, trans- bills are now embodied in the amend- stimulating renewable fuel use. port or storage of these renewable ment. It is past time that Congress The substitute amendment before the fuels, and as such, this provision does acted on this matter. Further delay Senate now does a good job of resolving not amend or modify any such require- will simply lead to more water re- that problem and balancing many po- ments. Nor should this provision be source contamination. litical and environmental concerns. read to curtail the duty of the pro- I ask unanimous consent that a brief This language does not represent the ducers, transporters and distributors of and informal section-by-section sum- perfect solution for my State or the these fuels to act responsibly with re- mary of the renewable fuels and MTBE Northeast. However, without it, MTBE gard to their products, including pro- provisions be included in the RECORD contamination of water resources will viding all warnings of dangers to following my statement. This may as- continue unabated. With it, at least we human health or the environment asso- sist Senators and their staff in under- can be assured of greater protection of ciated with their products and taking standing what we are attempting to do air and water quality. all precautions to avoid any such harm with this substitute. I urge them to If States proceed to ban MTBE with- which may include eliminating the use help us solve this problem. out clear Federal authority provided in of the product altogether. There being no objection, the fol- this amendment, air quality could suf- The substitute amendment provides lowing material was ordered to be fer as RFG areas would be forced to use protection against increases in toxic printed in the RECORD. March 22, 2002 CONGRESSIONAL RECORD — SENATE S2321

SECTION-BY-SECTION SUMMARY deemed defective in design or manufacture, pacity to supply RFG. EPA shall implement Section 819. Renewable Content of Motor in terms of a manufacturer’s liability for in- this change not later than 2 years after the Vehicle Fuel. Amends the Clean Air Act to troducing it into commerce after enactment, Governor’s request, but opt in States must require that gasoline sold or dispensed to so long as the renewable fuel does not violate stay in the program for at least 4 years. consumers in the United States contain a EPA controls or prohibitions and the manu- Section 838. Federal Enforcement of State certain volume of renewable fuel starting in facturer is in compliance with EPA requests Fuels Requirements. States may have the the year 2004. The volume starts at 2.3 billion for information on the renewable fuels’ pub- Federal Government enforce a State’s con- gallons in the first year and increases to 5.0 lic health and environmental effects, the trols on fuels or fuel additives if the controls billion gallons in 2012. The volume require- techniques for detecting the additive in fuel, are part of an approved SIP and otherwise ment continues thereafter at the same per- and the resulting effects on emissions from meet the requirements of section 211(c)(4)(c). centage that the 5.0 billion gallons rep- vehicles, vehicles’ performance, and any resents in relation to the total gasoline pool emissions related effect on public wealth and Section 839. Fuel System Requirements in 2012. Existing Clean Air Act compliance welfare. Harmonization Study. EPA and DOE will requirements for section 211 apply to this Section 832. The Leaking Underground conduct a study of motor vehicle fuel re- new requirement. Storage Tank, LUST, program is modified to quirements and report to Congress by June 1, Renewable fuel is defined as motor vehicle allow EPA and the States to use LUST mon- 2006, with recommendations for improving fuel made from grain or other biomass ies to carry out corrective actions to reme- air quality, reducing costs to consumers and sources, methane from landfills, sewage, etc. diate MTBE and other ether contamination producers, and to increase supply liquidity. and that replaces or reduces fossil fuel. This that poses a threat to human health, wel- includes ethanol and biodiesel. fare, or the environment. Contamination by f EPA must promulgate regulations trans- or from an underground tank leak is not re- lating the total national volume require- quired for use of the funds. ADDITIONAL STATEMENTS ment into percentages that are applicable to Bedrock/Soil Remediation. Funds are au- individual refiners, blenders and importers. thorized to study remediation of aquifers of They may achieve compliance with the ap- various sorts that have been contaminated plicable percentage by buying credits from by MTBE. others in the industry that have used more Total LUST funds authorized to be appro- ACCESS TO AFFORDABLE HEALTH renewable fuel than required. priated for this section are $402.35 million. CARE ACT Credits are valid for up to three consecu- Section 833. Authority for Water Quality tive years, depending on regulations promul- Protection From Fuels. The Clean Air Act is ∑ Ms. LANDRIEU Mr. President, I am gated. Compliance with the applicable per- amended to allow EPA to regulate fuels and in support of a piece of legislation of- centage of renewable fuel may be deferred fuel additives to prevent degradation of fered by my good friend and colleague for one year, if the refiner, blender or im- water quality. MTBE use is discontinued not later than 4 from Maine, Senator COLLINS. Before I porter makes up the deficit in the following years after enactment, except in any State begin, I would like to take this oppor- year and complies with the following year’s that chooses to continue using it. EPA will tunity to commend her for her distin- requirement. Ethanol made from non-corn promulgate the appropriate implementing sources, such as dedicated energy crops, ani- guished leadership in this area. regulations and may allow trace quantities mal waste, municipal solid waste, and wood Throughout her career as a U.S. Sen- of MTBE in motor vehicle fuel to exist na- and wood residues, generates 1.5 credits for ator, she has worked hard to develop tionally after 4 years. This Federal phase out every gallon sold or introduced into com- is not intended to affect any existing State laws that reflect the healthcare needs merce. efforts to ban MTBE. of the people of Maine and of the Na- Using EIA information, EPA will ensure Existing domestic manufacturers of MTBE tion. Each and every proposal to help that no less than 35 percent of the applicable supplying today’s nonattainment areas are increase access to health care that she renewable fuel use shall take place in every eligible for transition assistance for conver- has put forward has been based on season. In 2004, ethanol consumed in Cali- sion of their facilities to produce MTBE sub- fornia will not be included in calculating sound principles and innovative strate- stitutes. There are $750 million total author- gies. This bill is no exception. that year’s seasonal variation. ized for 2003–05 for such assistance. EPA, in consultation with DOE and USDA, Section 834. Elimination of the Oxygen Almost 39 million Americans have no may waive the renewable fuel requirement in Content Requirement for Reformulated Gas- access to health insurance. In Lou- whole or in part on petition by one or more oline. The 2 percent oxygen content require- States by reducing the national quantity re- isiana, almost 1 million people go to ment for RFG under section 211 of the Clean bed each night worried about what quired for one year at a time, if one of two Air Act is eliminated 270 days after enacted, conditions are met. One, implementation except that it is eliminated upon enactment they would do if they or their family would severely harm the economy or envi- for California. member becomes seriously ill. That is ronment of a State, a region or the country. To ensure that elimination of the oxygen one out of five people in our State. As Two, there is an inadequate domestic supply requirement and the phase out of MTBE do a result, a great number of Americans or distribution capacity to meet the require- not increase toxic air pollutant emissions, are forced to decide between medical ment. DOE must do an initial study within within 270 days EPA must promulgate regu- 180 days to review the consumer impacts of treatment and other life essentials lations to ensure that each refinery or im- such as food and shelter or worse, forgo the requirement in 2004 and make rec- porter of RFG maintains its toxics emissions ommendations regarding a waiver. reduction performance achieved in 1999–2000. treatment all together. The research Small refineries are not covered by the re- If that performance is not achieved in any has confirmed for us what common newable fuel content requirement until 2008. region, PADD, of the country, EPA must sense has lead us to believe all along. Before 2007, DOE must study the economic modify the regulations for all RFG to assure In a recent survey, 39 percent of those hardship on small refineries of compliance performance. Americans without insurance said that with that requirement. If DOE finds dis- EPA will promulgate revisions to the RFG proportionate impact on a small refinery, they put off necessary medical treat- regulations to require that the more strin- ments or tests because they could not EPA will provide an extension on compliance gent VOC performance requirements of for up to 2 years. Small refiners may opt in Southern region RFG apply to all RFG. afford them. to the renewable fuel program at any time Section 835. Public Health and Environ- In order to understand the issues af- before compliance is required. mental Impacts of Fuels and Fuel Additives. Exclusions from Ethanol Waiver. A Gov- fecting the uninsured, it is important EPA is required to regularly collect informa- that we ask ourselves, who are the un- ernor may require that gasoline to be blend- tion from manufacturers on the public ed with ethanol must achieve a lower Reid health and environmental effects, including insured? Nearly 30 percent of the 39 vapor pressure than the Clean Air Act cur- water quality, of fuels and fuel additives. million uninsured Americans are rently provides, upon a showing to EPA that EPA must also study a variety of potential women of child bearing age; 12 million there will otherwise be an increase in emis- MTBE substitutes. of the uninsured are children. More sions that will contribute to air pollution in Section 836. Analyses of Motor Vehicle than 8 out of 10 uninsured are in work- that State. EPA is required to act on a Gov- Fuel Changes. Within 5 years, EPA will con- ing families. Nearly 8 out of every 10 ernor’s petition within 90 days, and promul- duct and submit to Congress a broad analysis are middle income. These statistics gate regulations that will take effect the of the changes in emissions of air pollutants later of one year or the next high ozone sea- and air quality due to the changes in the use point to serious gaps in our health care son. If approving the Governor’s petition of motor vehicle fuel that occurred as a re- delivery system, gaps that can and would result in insufficient supplies of gaso- sult of this act. need to be filled line, EPA will extend the effective date of Section 837. Additional Opt-in Areas Under This bill attempts to fill these gaps. the regulations for not more than 1 year and Reformulated Gasoline Program. Any Gov- may renew the extension two more times. ernor of a State in the ozone transport re- The Access to Affordable Health Care Renewable Fuels Safe Harbor. This section gion, 13 north/eastern States, may opt the Act, which I am introducing today, is a provides that renewable fuels required to be whole State in to the reformulated gasoline seven-point plan that combines a vari- used and as defined by this act will not be program so long as there is a sufficient ca- ety of public and private approaches to S2322 CONGRESSIONAL RECORD — SENATE March 22, 2002 make quality health care coverage father. He continued to practice law Duty Medal for rescuing people after a more affordable and available. The bill until he felt a patriotic duty to volun- subway crash. focuses on three key populations: small teer for World War II. He entered the On September 11 these three heroes business employees; pregnant women United States Navy in 1941 as an en- brought the same commitment to their and children as well as working indi- sign. He was discharged from the Navy jobs that they showed every day, will- viduals. In addition, it supports pro- as a lieutenant commander in 1945. ing to put their lives on the line at a grams targeted at providing these pop- Senator Talmadge was also the capable moment’s notice for fellow New York- ulations greater access to affordable Governor of the fine State of Georgia ers who they did not know. We will coverage. Let me explain in greater de- from 1948 to 1955. As Governor, Senator never forget their selfless acts of cour- tail. Talmadge focused his efforts on the age and commitment to duty on that The Access to Affordable Health Care farmers and rural areas of Georgia. day, and how they worked side by side Act establishes a tax credit for small Senator Talmadge distinguished him- with their brothers to escort as many businesses to help meet the company’s self in the United States Senate. Dur- people as possible to safety. Our cost of providing health insurance. In ing his tenure, he served as chairman thoughts remain with their families addition, it provides grants to help of the Agriculture Committee, vice who have suffered an immeasurable states develop health insurance co- chairman of the Finance Committee, loss during this tragedy, and who are operatives for small companies. and on the Watergate committee hear- comforted by the knowledge that their The Access to Affordable Health Care ings. Senator Talmadge continued to loved ones acted with honor and brav- Act gives states the option to expand support rural areas and the farming ery. the Children’s Health Insurance Pro- community in the United States Sen- Years from now their stories will be gram for pregnant women and eligible ate when he helped pass the Rural De- told alongside the stories of so many children. Because of statewide efforts velopment Act of 1972. This act pro- courageous New York women who de- under LACHIP, more than 100,000 Lou- moted the development of jobs and in- voted their lives to others and shaped isiana children now have health insur- frastructure in rural areas. He gained history through their actions. After ance. much of his national recognition dur- all, New York was the birthplace of one The Access to Affordable Health Care ing the year long Watergate committee of the largest social movements of this Act provides a refundable tax credit for hearings. country’s history. In Seneca Falls in low and middle income workers who Senator Talmadge may have best 1848, women came together to issue the don’t have employer-provided cov- been known for the outstanding serv- Declaration of Sentiments that served erage. It also improves the welfare-to- ices that he provided to the good peo- as a launching point for the women’s work transition by bridging the gap ple of Georgia. He tried to provide the rights movement. when newly employed workers lose best possible service to everyone that So many of our foremothers whose their Medicaid coverage. he possibly could. He never forgot contributions are now legendary called Providing access to insurance is not those who voted for him, and he was al- New York home. From the great aboli- only the right thing to do it is the ways willing to help his constituents. tionist Harriet Tubman who provided smart thing to do. Uninsured patients It was a combination of this con- safe passage to her sisters and brothers are 3 times more likely to require hos- stituent support and his strong work who sought freedom from slavery, to pitalization for avoidable conditions. ethic that made him so hard to beat in Elizabeth Cady Stanton and Susan B. The uninsured have a greater chance of an election. Anthony who never gave up in the being diagnosed with late stage cancer. Senator Talmadge was a public spir- movement for women’s suffrage, to the They are 2 times as likely to die of ited, patriotic citizen. He will long be great labor leader Kate Mullany, New breast cancer. Because they are often remembered for all his great works in York women have always made a dif- unable to avail themselves on preven- the United States Senate, and for his ference. tive care, the majority of medical at- unwavering commitment and support When celebrating this women’s his- tention they receive is catastrophic to the people of the Peach State. He tory month, we pause to salute the ac- and delivered by an emergency room. was not only a statesman, but also a complishments of women who gave so What these statistics show is that true southern gentleman, and he will much of themselves to this country. when we provide greater access to undoubtedly be missed by a large circle Children generations from now will health insurance we not only save of family and friends. come to understand our great loss on lives, but we also save millions of dol- My heartfelt thoughts and Prayers September 11 by learning the stories of lars in long term health care costs. go out to the entire Talmadge Family. Kathy Mazza, Yamel Merino, Moira Again, I want to thank my colleague May God’s richest blessings rest on Smith and all of the firefighters, police from Maine for her efforts in producing them and sustain them in this time of officers and first responders to whom this important legislation. I look for- sorrow and grief.∑ we owe so much. Today and everyday ward to working with her and other f we need to do our part to tell their sto- like minded colleagues towards reach- ries and to honor their lives.∑ WOMEN’S HISTORY MONTH 2002 ing the day when all Americans are in- f sured.∑ ∑ Mrs. CLINTON. Mr. President, on the LOCAL LAW ENFORCEMENT ACT f occasion of women’s history month, I am proud to honor the long tradition of OF 2001 THE LATE HERMAN EUGENE New York women who made history. ∑ Mr. SMITH of Oregon. Mr. President, TALMADGE And there is no more appropriate place I wish to speak about hate crimes leg- ∑ Mr. THURMOND. Mr. President, I to begin than with three women heroes islation I introduced with Senator KEN- would like to take this opportunity to who gave their lives to save others at NEDY in March of last year. The Local recall the memory of my devoted cous- the World Trade Center. Officer Kathy Law Enforcement Act of 2001 would add in and loyal friend. It is with great sad- Mazza, Emergency Medical Technician new categories to current hate crimes ness that I remember my former col- Yamel Merino, and Officer Moira legislation sending a signal that vio- league here in the United States Sen- Smith were recently named Women of lence of any kind is unacceptable in ate, the late Herman Talmadge, who Distinction for their heroic acts on our society. shared this floor with me for many September 11, and for their history of I would like to describe a terrible years. He passed away yesterday at his service to the people of New York. crime that occurred July 27, 1993 in At- home in Hampton, GA. Kathy Mazza served as the first fe- lanta, GA. A gay man was abducted, Herman Eugene Talmadge was born male commandant of the Port Author- beaten, robbed and thrown out of a in 1913 to Eugene and Mattie Thur- ity Police Training Academy. Yamel moving car. The four assailants used mond Talmadge in McRae, GA. He Merino was recognized as New York’s anti-gay slurs while beating the vic- graduated from the University of Geor- emergency medical technician of the tim. gia School of Law in 1936 and then went year last year, and Moira Smith pre- I believe that government’s first duty on to practice law in Atlanta with his viously received the Distinguished is to defend its citizens, to defend them March 22, 2002 CONGRESSIONAL RECORD — SENATE S2323 against the harms that come out of his commitment to education and pub- IN MEMORIAM OF BUZZ FITZ- hate. The Local Law Enforcement En- lic service. He inspires us with his ex- GERALD AND JOEL ABROMSON hancement Act of 2001 is now a symbol ample of leadership, and I join with a ∑ Ms. COLLINS. Mr. President, I rise that can become substance. I believe grateful community in commending today with a heavy heart to pay trib- that by passing this legislation and him for his efforts in the classroom, as ute to two pillars of the Community of changing current law, we can change a policy maker and as outstanding Maine, Buzz Fitzgerald and Joel hearts and minds as well.∑ Rhode Island citizen.∑ Abromson. How can I describe what f these two men meant to their beloved TRIBUTE TO STEPHEN J. f home State? These words of then Presi- ANDERSON dent-elect John Fitzgerald Kennedy provide a start: ‘‘And when, at some fu- ∑ HONORING WOMEN 4 WOMEN, INC. Mr. REED. Mr. President, it gives me ture date, the high court of history sits great pleasure to recognize an out- ∑ Mr. BUNNING. Mr. President, today I in judgment on each of us, recording standing Rhode Islander, Stephen J. offer a proper salute to Women 4 whether in our brief span of service we Anderson. Steve has distinguished him- Women, Inc. of Greater Louisville, KY fulfilled our responsibilities to the self with a rewarding career as a public for its significant social and economic state, our success or failure, in what- school teacher and as an accomplished contributions to the Commonwealth of ever office we hold, will be measured State Representative in the Rhode Is- Kentucky. by the answers to four questions: first, land General Assembly. Women 4 Women, founded and cur- were we truly men of courage; second, In 1972, Steve began his teaching ca- were we truly men of judgment; third, reer in the Exeter West Greenwich rently chaired by Elaine Musselman in 1993, is a not-for-profit organization, were we truly men of integrity; and fi- School System where he has taught So- nally, were we truly men of dedica- cial Studies, History and Geography. which aims to bring about positive so- cial change by addressing existing tion?’’ Even as a young child, Steve dreamed These words, first uttered by Presi- issues confronting women and bringing of being a teacher, and his enthusiasm, dent-elect Kennedy when I was an ele- these particular issues to a proper level dedication and professionalism over mentary school student in Caribou, of awareness in the community. In the past three decades has had a pro- began to have real meaning for me found effect on our community and in order to accomplish this goal, Women 4 when they were quoted regularly in the lives of generations of young peo- Women offer their various resources to speeches by my old boss and mentor, ple. chosen community organizations and Bill Cohen, a gifted orator and, in Steve is described as a hardworking assist them in building adequate chan- many ways, a walking Bartlett’s. and imaginative teacher who has a spe- nels of communication to enhance But the full impact of Kennedy’s glo- cial gift for relating to his students. He their capacity to solve social and eco- rious phrases struck me with special is modest, friendly and witty and eas- nomic problems affecting women. poignancy this year as I pondered the ily earns their respect and admiration. Women 4 Women has also achieved an loss of two of Maine’s leading citizens, He has a deep belief that every student extraordinary level of success with two good friends, two wonderful men can learn and that each has contribu- their fundraising efforts. They have de- who were taken from us while still in tion to make. Moreover, Steve has been veloped one of the most respected char- their early 60’s, at the height of their a leader in the School Department and ity events held in Kentucky with their powers. has chaired the school improvement annual women’s golf tournament. Also One was born in St. John Plantation team and coordinated its professional included with the golf tournament is a in far northern Maine, the other in Au- development plan. He can be credited kick-off luncheon featuring a national burn. One moved when he was one year with bringing standards-based training speaker, a 5K run/walk, a family fes- old, the other after college. But each to the school and has worked to pro- tival and a music celebration. Over the became synonymous with his commu- vide graduate course work in support years, Women 4 Women has amazingly nity, Buzz Fitzgerald with Bath, and of these efforts. In addition to his donated more than $500,000 for various Joe Abromson with Portland. classroom duties, Steve also devotes causes through their fund-raising capa- Each contributed mightily to his his time and talents as the Coach of bilities. This group, made up of over company, to his community, to his the Jr. High Soccer Team and the one hundred women, is dedicated to State. Each had a family that extended Cross Country Team. their causes, diligent in their efforts, well beyond actual relatives to Mainers In 2000, Steve Anderson was honored and determined to bring about change. in all walks of life. Each made the lives as the recipient of both the Charles B. of thousands of people better, and each Women 4 Women deserves special at- Willard Achievement Award and the did it without apparent effort and tention for unveiling their Benchmark Alumni Service Award from his alma without a hint of self-righteousness. 2000 partnership program in Jefferson mater Rhode Island College. The It is often said that if you want a job County, KY for which they won an Charles B. Willard Award is presented done well, find a busy man. Each of Ogden Newell & Welch Inc. Award. Spe- to graduates who have brought honor these remarkable individuals ran a cifically, Benchmark 2000 aims to to the College by distinguished service company, each possessed a breath- study the status of women and girls in in their field. Additionally, the Alumni taking list of civic and charitable cre- Jefferson County through strong coali- Service Award honors those who have dentials, and each demonstrated a will- tion building between citizens and gov- made a contribution to the College by ingness to embrace causes that would ernment in order to improve the over- unselfishly devoting their time, talents send many businessmen fleeing for all economic and social status of fe- and resources or to an individual who cover. males. By combining existing data and has made a contribution to the state or As I watch Buzz become a champion information from citizens, government nation which reflects ideals of service of reproductive rights for women, or officials, and service providers, the to the community. Indeed, Steve An- Joel become a leading advocate for diligent participants of this program derson epitomizes the spirit of both equal rights for gays and lesbians, I hope to, over time, address the existing these coveted awards. watched the embodiment of Kennedy’s In the General Assembly, Steve has needs of females and bring about posi- four defining characteristics: courage, been a leader on education issues and tive social change. judgment, integrity, dedication. Those successfully sought funding for Na- I would like to express my sincerest four qualities were an immense aid to tional Board Certification for Profes- admiration to all members of Women 4 Joel as he championed a state law that sional Teaching Standards in Rhode Is- Women for their hard work in the area would outlaw discrimination against land, for innovative reading programs of women’s rights and commitment to Maine citizens who are gay or lesbian. for pre-school children and for the the greater good of the community. Or- Even though he did not prevail, he led Rhode Island Geographic Alliance. ganizations such as Women 4 Women his noble fight for gay rights with I ask my colleagues to join me in deserve praise and recognition for their courage and integrity, in a manner commending Stephen J. Anderson for good deeds and progressive vision.∑ that is to be commended. S2324 CONGRESSIONAL RECORD — SENATE March 22, 2002 Indeed, I saw two men who could im- States submitting sundry nominations Whereas, the flag serves important cere- merse themselves in the most emo- which were referred to the appropriate monial functions at public gatherings, funer- tional of issues, those causes that committees. als, celebrations of patriotic holidays, pa- (The nominations received today are rades and countless other gatherings, and rubbed nerves raw in public debate, and Whereas, respect for the flag and the var- I could see them emerge without en- printed at the end of the Senate pro- ious protocols attendant thereto (such as emies. Disagreeing without being dis- ceedings.) proper display, proper folding, saluting, et agreeable is a high art form, and these f cetera) serves as an introduction, for many young Americans to the symbol of our na- two men created a portrait of what in- PETITIONS AND MEMORIALS formed public discourse should be. tion, and Buzz and Joel took their jobs and The following petitions and memo- Whereas, we the American people, accord rials were laid before the Senate and our flag a unique position of respect, love their commitments seriously, but and admiration for the principles it rep- never themselves. A rich store of were referred or ordered to lie on the table as indicated: resents, and recognize the importance of pro- humor, often self-deprecating, was viding dignity and honor to this symbol, and never far from their lips. Successful POM–220. A resolution adopted by the Sen- Whereas, these principles include the pro- ate of the Legislature of the State of Michi- tection of individual freedoms enumerated in people rarely lack charm, and each gan relative to permit states to promote possessed it in abundance. Whether it the First Amendment to the United States long-term care insurance under Medicaid; to Constitution including free speech, free was the union leadership hammering the Committee on Finance. press, peaceable assembly, and petitions for out a contract agreement with Buzz at SENATE RESOLUTION NO. 109 the redress of grievances, now therefore be it the Bath Iron Works or Joel’s col- Whereas, As the number of elderly in Resolved by the Senate and House of Rep- leagues on both sides of the aisle nego- America continues its swift growth, the resentatives, That the General Assembly ex- tiating with him on a bill in the Maine issue of long-term care will present an in- presses its respect and admiration for our Senate, friends and adversaries alike creasing number of problems for our Nation. United States Flag, and be it further Demographic trends leave little doubt that, Resolved, That the General Assembly ex- were drawn to both men because they presses its condemnation of all acts of flag invariably deserved to be trusted. It without significant changes, the publicly funded Medicaid program may be stretched desecration, and similar displays of dis- may be hackneyed to say their word beyond its capacity to respond adequately to respect for the United States Flag, and be it was their bond. But it was. Always. the needs of our country’s poor and elderly; further A friend of mine who knew both men, and Resolved, That the General Assembly urges but was not an intimate of either, tells Whereas, The challenge of paying for long- the Congress of the United States to ensure a story that is illustrative. When my term care most often ends up being handled that proper respect and treatment will al- by Medicaid. The Federal-State partnership ways be afforded to the United States Flag, friend’s father died in Florida, the first and that the Congress explore all avenues contribution made in his memory came of Medicaid, which is designed to provide health coverage for the poor, ends up cov- available, which may include a constitu- from Joel Abromson. And when Buzzy’s ering the long-term care costs for millions of tional amendment, a statutory change and a sister, Gayle Corey, died of a virulent older Americans who become poor only be- public education program, to protect the form of cancer, Buzz did not wait to re- cause their resources are exhausted by the United States Flag from physical desecra- ceive expressions of condolence; rather, high costs of nursing homes or in-home care. tion, and be it further Approximately one of every three Medicaid Resolved, That the Secretary of State he sent notes to Gayle’s friends thank- transmit copies of this resolution to the ing them for befriending her. One does dollars is spent on long-term care; and Whereas, While each state determines the Speaker of the United States House of Rep- not easily forget gestures such as eligibility requirements for Medicaid based resentatives, the President of the United these, and there were thousands of oth- on specific factors, general eligibility thresh- States Senate and all members of the ers. In the final days and weeks of his olds limit the assets that can be preserved by Vermont Congressional Delegation. life, Buzz called other cancer patients a Medicaid recipient and spouse; and f trying to cheer them up. Whereas, There is a bill before Congress, H.R. 1041, that seeks to permit states more EXECUTIVE AND OTHER Fortunately for all of us who bene- COMMUNICATIONS fited from knowing them, many Maine flexibility to enter into long-term care part- nerships under Medicaid in order to promote The following communications were leaders, led by Governor King, partici- the use of long-term care insurance. Clearly, pated in exceptionally moving public laid before the Senate, together with any measure to increase insurance in this accompanying papers, reports, and doc- tributes to these two remarkable indi- area would be most helpful for our country; viduals while they were still alive to now, therefore, be it uments, which were referred as indi- hear the accolades. Having spoken to Resolved by the Senate, That we memori- cated: both of them shortly before they died, alize the Congress of the United States to EC–5876. A communication from the Ad- enact legislation to permit states to promote ministrator of the Agricultural Marketing I know that they were touched by the long-term care insurance under Medicaid; Service, Fruit and Vegetable Programs, De- outpouring of appreciation for lives and be it further partment of Agriculture, transmitting, pur- well lived. Resolved, that copies of this resolution be suant to law, the report of a rule entitled Losing public treasures like Joel and transmitted to the President of the United ‘‘Melons Grown in South Texas; Increased Buzz when they had so much more to States Senate, the Speaker of the United Assessment Rate’’ (Doc. No. FV02–979–1 FR) give reminds us anew that life is un- States House of Representatives, and the received on March 15, 2002; to the Committee fair, as President Kennedy often noted. members of the Michigan Congressional Del- on Agriculture, Nutrition, and Forestry. egation. EC–5877. A communication from the Ad- Fair or not, our state has lost two re- ministrator of the Agricultural Marketing markable citizens and we will not see POM–221. A joint resolution adopted by the Service, Fruit and Vegetable Programs, De- their like again soon. Senate of the Legislature of the State of partment of Agriculture, transmitting, pur- To me, they are the standard by Vermont relative to the desecration of the suant to law, the report of a rule entitled which we should measure ourselves. United States Flag; to the Committee on the ‘‘Onions Grown in South Texas; Increased Each of us will honor their memory Judiciary. Assessment Rate’’ (Doc. No. FV02–959–01–FR) most appropriately if we try to emu- JOINT SENATE RESOLUTION NO. 9 received on March 15, 2002; to the Committee Whereas, the flag of the United States is on Agriculture, Nutrition, and Forestry. late the service they gave so gener- EC–5878. A communication from the Ad- ∑ one of the greatest symbols of our nation, ously to our State and its people. and ministrator of the Agricultural Marketing MESSAGES FROM THE PRESIDENT Whereas, this symbol represents the defin- Service, Fruit and Vegetable Programs, De- ing principles of our country, and partment of Agriculture, transmitting, pur- Messages from the President of the Whereas, Americans have placed their lives suant to law, the report of a rule entitled United States were communicated to in harm’s way and, in hundreds of thousands ‘‘Kiwifruit Grown in California; Relaxation the Senate by Ms. Evans, one of his of cases, have sacrificed their lives defending of Pack Requirements’’ (Doc. No. FV08–920–1 secretaries. these principles, and FIR) received on March 15, 2002; to the Com- Whereas, their willingness to sacrifice mittee on Agriculture, Nutrition, and For- f their lives in defense of these cherished prin- estry. EXECUTIVE MESSAGES REFERRED ciples demonstrates one of the purest and EC–5879. A communication from the Ad- most commendable forms of patriotism, and ministrator of the Agricultural Marketing As in executive session the Presiding Whereas, these patriots have focused on Service, Fruit and Vegetable Programs, De- Officer laid before the Senate messages the flag as the ultimate symbol for which partment of Agriculture, transmitting, pur- from the President of the United they and their families have sacrificed, and suant to law, the report of a rule entitled March 22, 2002 CONGRESSIONAL RECORD — SENATE S2325 ‘‘Nectarines and Peaches Grown in Cali- EC–5888. A communication from the Under EC–5900. A communication from the Assist- fornia; Revision of Reporting Requirements Secretary of Defense, Acquisition and Tech- ant Secretary of Legislative Affairs, Depart- for Fresh Nectarines and Peaches’’ (Doc. No. nology, transmitting, pursuant to law, the ment of State, transmitting, pursuant to the FV01–916–3 FIR) received on March 15, 2002; notice of a revision to the Fiscal Year 2002 Arms Export Control Act, the report of a to the Committee on Agriculture, Nutrition, Annual Materials Plan (AMP); to the Com- certification of a proposed license for the ex- and Forestry. mittee on Armed Services. port of defense articles or services sold com- EC–5880. A communication from the Ad- EC–5889. A communication from the Under mercially under a contract in the amount of ministrator of the Agricultural Marketing Secretary of Defense, Acquisition, Tech- $50,000,000 or more to the United Kingdom; to Service, Fruit and Vegetable Programs, De- nology and Logistics, transmitting, pursuant the Committee on Foreign Relations. partment of Agriculture, transmitting, pur- to law, a report relative to a Full-Up, Sys- EC–5901. A communication from the Assist- suant to law, the report of a rule entitled tem Level (FUSL) Live Fire Test and Eval- ant Legal Adviser for Treaty Affairs, Depart- ‘‘Hazelnuts Grown in Oregon and Wash- uation (LFT&E) on all three variants of the ment of State, transmitting, pursuant to ington; Establishment of Interim Final and Joint Strike Fighter (JSF) aircraft; to the law, the report of the texts and background Final Free and Restricted Percentages for Committee on Armed Services. statements of international agreements, the 2001–2002 Marketing Year’’ (Doc. No. FV– EC–5890. A communication from the Assist- other than treaties; to the Committee on 982–1 IFR) received on March 15, 2002; to the ant Director, Executive and Political Per- Foreign Relations. Committee on Agriculture, Nutrition, and sonnel, Department of the Army, transmit- EC–5902. A communication from the Assist- Forestry. ting, pursuant to law, the report of a nomi- ant Legal Advisor for Treaty Affairs, Depart- EC–5881. A communication from the Ad- nation confirmed for the position of Assist- ment of State, transmitting, pursuant to ministrator of the Agricultural Marketing ant Secretary of the Army, Acquisition, Lo- law, the report of the texts and background Service, Fruit and Vegetable Programs, De- gistics and Technology, received on March statements of international agreements, 15, 2002; to the Committee on Armed Serv- partment of Agriculture, transmitting, pur- other than treaties; to the Committee on ices. suant to law, the report of a rule entitled Foreign Relations. ‘‘Raisins Produced from Grapes Grown in EC–5891. A communication from the Assist- ant Director for Executive and Political Per- EC–5903. A communication from the Assist- California; Reduction in Production Cap for ant Secretary of Legislative Affairs, Depart- 2002 Diversion Program’’ (Doc. No. FV02–989– sonnel, Department of Defense, transmit- ting, pursuant to law, the report of the des- ment of State, transmitting, pursuant to 2 IFR) received on March 15, 2002; to the law, the report of a rule entitled ‘‘VISAS: Committee on Agriculture, Nutrition, and ignation of acting officer for the position of Assistant Secretary of Defense, Special Op- Documentation of Nonimmigrants and Im- Forestry. migrants under the Immigration and Nation- EC–5882. A communication from the Ad- erations/Low Intensity Conflict, received on March 15, 2002; to the Committee on Armed ality Act, as amended: Fingerprinting; Ac- ministrator of the Agricultural Marketing cess to Criminal History Records; Conditions Service, Fruit and Vegetable Programs, De- Services. EC–5892. A communication from the Under for use of criminal history records’’ (22 CFR partment of Agriculture, transmitting, pur- Secretary of Defense, Personnel and Readi- Part 40) received on March 15, 2002; to the suant to law, the report of a rule entitled ness, transmitting, pursuant to law, the De- Committee on Foreign Relations. ‘‘Grapes Grown in a Designated Area of partment of Defense Education Activity EC–5904. A communication from the Assist- Southeastern California; Increased Assess- (DoDEA) 1999–2000 Accountability Report ant Secretary of Legislative Affairs, Depart- ment Rate’’ (Doc. No. FV02–925–01 FR) re- and the 1999–2000 School Profiles for the De- ment of State, transmitting, pursuant to ceived on March 15, 2002; to the Committee partment of Defense Dependents Schools law, the report of a rule entitled ‘‘Docu- on Agriculture, Nutrition, and Forestry. mentation of Immigrants Under the Immi- EC–5883. A communication from the Ad- (DoDDS); to the Committee on Armed Serv- ices. gration and Nationality Act, As Amended— ministrator of the Agricultural Marketing EC–5893. A communication from the Sec- Immediate Relatives’’ (22 CFR Part 42) re- Service, Fruit and Vegetable Programs, De- retary of the Air Force, transmitting, the re- ceived on March 18, 2002; to the Committee partment of Agriculture, transmitting, pur- port of an Average Procurement Unit Cost on Foreign Relations. suant to law, the report of a rule entitled (APUC) breach; to the Committee on Armed EC–5905. A communication from the Assist- ‘‘Beef Promotion and Research; Reapportion- Services. ant Secretary of Legislative Affairs, Depart- ment’’ (Doc. No. LS–01–05) received on March EC–5894. A communication from the Acting ment of State, transmitting, pursuant to 15, 2002; to the Committee on Agriculture, General Counsel, Peace Corps, transmitting, law, the report of a rule entitled ‘‘Docu- Nutrition, and Forestry. pursuant to law, the report of a vacancy in mentation of Nonimmigrants Under the Im- EC–5884. A communication from the Ad- the position of Acting Director, received on migration and Nationality Act, As Amend- ministrator, Livestock and Seed—Seed Reg- March 15, 2002; to the Committee on Foreign ed—Additional International Organization’’ ulatory and Testing Branch, Agricultural Relations. (22 CFR Part 41) received on March 18, 2002; Marketing Service, Department of Agri- EC–5895. A communication from the Acting to the Committee on Foreign Relations. culture, transmitting, pursuant to law, the General Counsel, Peace Corps, transmitting, EC–5906. A communication from the Execu- report of a rule entitled ‘‘Increased in Fees pursuant to law, the report of a vacancy and tive Secretary and Chief of Staff, USAID, for Voluntary Federal Seed Testing and Cer- the discontinuation of acting officer for the Bureau for Africa, transmitting, pursuant to tification Services and Establishment of a position of Deputy Director, received on law, the report of a nomination for the posi- Fee for Preliminary Test Reports’’ (Doc. No. March 15, 2002; to the Committee on Foreign tion of Assistant Administrator, received on LS–01–07) received on March 15, 2002; to the Relations. March 18, 2002; to the Committee on Foreign Committee on Agriculture, Nutrition, and EC–5896. A communication from the Assist- Relations. Forestry. ant Secretary of Legislative Affairs, Depart- EC–5907. A communication from the Acting EC–5885. A communication from the Ad- ment of State, transmitting, pursuant to the Deputy Chief of Naval Operations, Fleet and ministrator of the Agricultural Marketing Arms Export Control Act, the report of a Readiness and Logistics, transmitting, a no- Service, Fruit and Vegetable Programs, De- certification of a proposed license for the ex- tice to convert to performance by the private partment of Agriculture, transmitting, pur- port of defense articles to India; to the Com- sector the Transportation function at suant to law, the report of a rule entitled mittee on Foreign Relations. NADEP Cherry Point, NC; to the Committee ‘‘Regulations Governing the California EC–5897. A communication from the Assist- on Armed Services. Prune/Plum (Tree Removal) Diversion Pro- ant Secretary of Legislative Affairs, Depart- EC–5908. A communication from the Chief gram’’ (Doc. No. FV01–81–01 FR) received on ment of State, transmitting, pursuant to the of the Regulations Unit, Internal Revenue March 15, 2002; to the Committee on Agri- Arms Export Control Act, the report of a Service, Department of the Treasury, trans- culture, Nutrition, and Forestry. certification of a proposed license for the ex- mitting, pursuant to law, the report of a EC–5886. A communication from the Regu- port of defense articles to India; to the Com- change in Notice 2001–64, received on March latory Contact, Grain Inspection, Packers mittee on Foreign Relations. and Stockyards, Department of Agriculture, EC–5898. A communication from the Assist- 13, 2002; to the Committee on Finance. transmitting, pursuant to law, the report of ant Secretary of Legislative Affairs, Depart- a rule entitled ‘‘Fees for Official Inspection ment of State, transmitting, pursuant to the f and Official Weighing Service’’ (RIN0580– Arms Export Control Act, the report of a AA79) received on March 18, 2002; to the Com- certification of a proposed license for the ex- REPORTS OF COMMITTEES mittee on Agriculture, Nutrition, and For- port of defense articles to India; to the Com- The following reports of committees estry. mittee on Foreign Relations. EC–5887. A communication from the Assist- EC–5899. A communication from the Assist- were submitted: ant Director for Executive and Political Per- ant Secretary of Legislative Affairs, Depart- By Mr. CONRAD, from the Committee on sonnel, Department of Defense, transmit- ment of State, transmitting, pursuant to the Budget, without amendment: ting, pursuant to law, the report of a nomi- law, the report of a rule entitled ‘‘Docu- S. Con. Res. 100. An original concurrent nation for the position of Assistant to the mentation of Nonimmigrants Under the Im- resolution setting forth the congressional Secretary of Defense for Nuclear and Chem- migration and Nationality Act, as amended: budget for the United States Government for ical and Biological Defense Programs, re- International Organizations; Interim Rule’’ fiscal year 2003 and setting forth the appro- ceived on March 15, 2002; to the Committee (22 CFR Part 41) received on March 15, 2002; priate budgetary levels for each of the fiscal on Armed Services. to the Committee on Foreign Relations. years 2004 through 2012. S2326 CONGRESSIONAL RECORD — SENATE March 22, 2002 NOMINATIONS DISCHARGED option of covering intensive community CRAPO) was added as a cosponsor of S. mental health treatment under the Medicaid The following nomination was dis- 2040, a bill to provide emergency agri- Program; to the Committee on Finance. cultural assistance to producers of the charged from the Committee on Fi- By Mr. CRAIG: nance pursuant to the order of March S. 2073. A bill to provide for the retroactive 2002 crop. 22, 2002: entitlement of Ed W. Freemen to Medal of S. 2058 INCOLN DEPARTMENT OF THE TREASURY Honor special pension; to the Committee on At the request of Mrs. L , the Veterans’ Affairs. name of the Senator from Florida (Mr. Randal Quarles, of Utah, to be Deputy Under Secretary of the Treasury. f GRAHAM) was added as a cosponsor of S. 2058, a bill to replace the caseload re- SUBMISSION OF CONCURRENT AND The following nomination was dis- duction credit with an employment SENATE RESOLUTIONS charged from the Committee on Agri- credit under the program of block culture, Nutrition, and Forestry pursu- The following concurrent resolutions grants to States for temporary assist- ant to the order of March 22, 2002: and Senate resolutions were read, and ance for needy families, and for other DEPARTMENT OF AGRICULTURE referred (or acted upon), as indicated: purposes. Nancy Southard Bryson, of the District of By Mr. CONRAD: f Columbia, to be General Counsel of the De- S. Con. Res. 100. An original concurrent partment of Agriculture. resolution setting forth the congressional STATEMENTS ON INTRODUCED The following nomination was dis- budget for the United States Government for BILLS AND JOINT RESOLUTIONS charged from the Committee on fiscal year 2003 and setting forth the appro- priate budgetary levels for each of the fiscal By Mr. BINGAMAN (for himself, Health, Education, Labor, and Pen- years 2004 through 2012; from the Committee Mr. BOND, and Mr. INOUYE): sions pursuant to the order of March on the Budget; placed on the calendar. S. 2067. A bill to amend title XVIII of 22, 2002: f the Social Security Act to enhance the DEPARTMENT OF LABOR access of Medicare beneficiaries who ADDITIONAL COSPONSORS Victoria A. Lipnic, of Virginia, to be an live in medically underserved areas to Assistant Secretary of Labor. S. 940 critical primary and preventive health f At the request of Mr. DODD, the name care benefits to improve the of the Senator from California (Mrs. Medicare+Choice program, and for INTRODUCTION OF BILLS AND BOXER) was added as a cosponsor of S. other purposes; to the Committee on JOINT RESOLUTIONS 940, a bill to leave no child behind. Finance. The following bills and joint resolu- S. 960 Mr. BINGAMAN. Mr. President, the tions were introduced, read the first At the request of Mr. BINGAMAN, the legislation I am introducing today with and second times by unanimous con- name of the Senator from South Caro- Senators BOND and INOUYE entitled the sent, and referred as indicated: lina (Mr. HOLLINGS) was added as a co- ‘‘Medicare Safety Net Access Act of By Mr. BAYH: sponsor of S. 960, a bill to amend title 2002,’’ or ‘‘Access 2002,’’ would improve S. 2066. A bill to prohibit United States as- XVIII of the Social Security Act to ex- services for Medicare beneficiaries and sistance and commercial arms exports to pand coverage of medical nutrition protect a critical mission of health countries and entities supporting inter- therapy services under the medicare centers, to provide access to care to national terrorism; to the Committee on underserved rural, frontier, and inner- Foreign Relations. program for beneficiaries with cardio- vascular diseases. city communities. By Mr. BINGAMAN (for himself, Mr. Community health centers, CHC’s, BOND, and Mr. INOUYE): S. 1343 provide primary and preventive care to S. 2067. A bill to amend title XVIII of the At the request of Mr. CHAFEE, the Social Security Act to enhance the access of name of the Senator from Washington more than 700,000 medically under- served Medicare beneficiaries, includ- medicare beneficiaries who live in medically (Ms. CANTWELL) was added as a cospon- underserved areas to critical primary and sor of S. 1343, a bill to amend title XIX ing over 20,000 in New Mexico. Health preventive health care benefits, to improve of the Social Security Act to provide centers also provide critical support the Medicare+Choice program, and for other services that help seniors more easily purposes; to the Committee on Finance. States with options for providing fam- ily planning services and supplies to in- access care. In many cases, the local By Mr. McCAIN (for himself, Mr. BAYH, health center may be the only source Mr. CLELAND, Mrs. CARNAHAN, and dividuals eligible for medical assist- of primary and preventive care for Mr. LIEBERMAN): ance under the medicaid program. Medicare beneficiaries in a community. S. 2068. A bill to further encourage and fa- S. 1409 While hundreds of thousands of Medi- cilitate service in the Armed Forces of the At the request of Mr. SMITH of New care beneficiaries turn to health cen- United States, and for other purposes; to the Hampshire, his name was added as a Committee on Armed Services. ters for care, many centers struggle to cosponsor of S. 1409, a bill to impose By Mr. NELSON of Florida (for him- provide services to these patients. Cur- sanctions against the PLO or the Pal- self, Mr. GRAHAM, Mr. CLELAND, and rent Medicare regulations cause health estinian Authority if the President de- Mr. MILLER): centers significant financial losses that S. 2069. A bill to direct the Secretary of termines that those entities have failed have a direct impact on access to care. Veterans Affairs to establish a national cem- to substantially comply with commit- In addition, the Medicare federally etery for veterans in the Jacksonville, Flor- ments made to the State of Israel. ida, metropolitan area; to the Committee on qualified health center, FQHC, benefit S. 1777 Veterans’ Affairs. has not been modernized to include By Mr. BINGAMAN (for himself and At the request of Mrs. CLINTON, the many of the new preventive and other Mr. KERRY): name of the Senator from Iowa (Mr. services added to the Medicare package S. 2070. A bill to amend part A of title IV HARKIN) was added as a cosponsor of S. by Congress in recent years again un- to exclude child care from the determination 1777, a bill to authorize assistance for dermining the critical role that health of the 5-year limit on assistance under the individuals with disabilities in foreign centers play in providing access to temporary assistance to needy families pro- countries, including victims of land- gram, and for other purposes; to the Com- care. mines and other victims of civil strife To address these and other issues, mittee on Finance. and warfare, and for other purposes. By Mr. SMITH of New Hampshire: Senators BOND, INOUYE, and I are intro- S. 2071. A bill to amend title 23, United S. 1924 ducing the ‘‘Medicare Safety Net Ac- States Code, to prohibit the collection of At the request of Mr. LIEBERMAN, the cess Act of 2002’’, also known as ‘‘Ac- tolls from vehicles or military equipment name of the Senator from New Jersey cess 2002.’’ The legislation would ad- under the actual physical control of a uni- (Mr. TORRICELLI) was added as a co- dress the following problems. formed member of the Armed Forces, and for sponsor of S. 1924, a bill to promote With respect to payment issues, the other purposes; to the Committee on Envi- charitable giving, and for other pur- bill ensures that Medicare covers the ronment and Public Works. poses. By Mr. CORZINE (for himself, Mr. cost of providing care to Medicare BINGAMAN, and Mr. BREAUX): S. 2040 beneficiaries at CHC’s. Congress pro- S. 2072. A bill to amend title XIX of the So- At the request of Mr. ROBERTS, the vides more than $1.3 billion in section cial Security Act to provide States with the name of the Senator from Idaho (Mr. 330 funding to CHC’s to provide care to March 22, 2002 CONGRESSIONAL RECORD — SENATE S2327 the uninsured. When Medicare fails to enrolling in Medicare managed care Sec. 3. Revision of Federally qualified cover the costs of care for Medicare but requiring Medicare+Choice plans to health center payment limits. beneficiaries, CHC’s must make up for contract with a sufficient number of Sec. 4. Coverage of additional Federally the shortfall through a variety of FQHC’s to make FQHC services acces- qualified health center services. mechanisms including drawing from Sec. 5. Providing safe harbor for certain col- sible to plan enrollees. laborative efforts that benefit the section 330 grants, which are sup- And finally, the ‘‘Medicare Safety medically underserved popu- posed to be dedicated for care to the Net Access Act of 2002’’ establishes a lations. uninsured. safe harbor in the federal anti-kick- SEC. 2. SUPPLEMENTAL REIMBURSEMENT FOR Medicare has historically provided back statute for arrangements between FEDERALLY QUALIFIED HEALTH such cost-based reimbursement to health centers and other providers that CENTERS PARTICIPATING IN MEDI- other safety net providers, such as cer- improve access to services for low-in- CARE MANAGED CARE. tain rural hospitals, cancer hospitals, come patients in underserved commu- (a) SUPPLEMENTAL REIMBURSEMENT.— and children’s hospitals. Moreover, (1) IN GENERAL.—Section 1833(a)(3) of the nities. Health centers and other pro- Social Security Act (42 U.S.C. 1395l(a)(3)) is Congress passed legislation in 2000 to viders often participate in arrange- protect health centers from the same amended to read as follows: ments designed to expand their ability ‘‘(3) in the case of services described in sec- problem in Medicaid. to provide care in the poor commu- tion 1832(a)(2)(D)— The legislation assures that CHC’s nities they serve. However, these ar- ‘‘(A) except as provided in subparagraph are afforded the same protections rangements can potentially expose (B), the costs which are reasonable and re- through the Medicare program so that health centers under the federal anti- lated to the cost of furnishing such services Federal funding for the uninsured is kickback laws. or which are based on such other tests of rea- not redirected to pay for shortfalls sonableness as the Secretary may prescribe For nine years, a proposed ‘‘safe har- from Medicare patients. It does so by in regulations, including those authorized bor’’ has been pending before the U.S. eliminating the per visit payment cap under section 1861(v)(1)(A), less the amount a Department of Health and Human on health centers’ Medicare payments. provider may charge as described in clause Services’ Office of the Inspector Gen- In the Medicare statute, Congress (ii) of section 1866(a)(2)(A), but in no case eral, HHS IOG, that would allow health may the payment for such services (other clearly intended to cover the cost of a centers to contract with other pro- than for items and services described in sec- health centers’ Medicare patients, but viders to improve health services to tion 1861(s)(10)(A)) exceed 80 percent of such the Centers for Medicare and Medicaid low-income patients without fear of costs; or Services, CMS, applies an arbitrary ‘‘(B) with respect to the services described being in violation of the anti-kickback ‘‘payment cap’’ that is not in the Fed- in clause (ii) of section 1832(a)(2)(D) that are law. To qualify under the proposed safe eral statute. For many health centers, furnished to an individual enrolled with a harbor, the arrangement would have to the cap has significantly reduced their Medicare+Choice organization under part C meet strict criteria to protect against Medicare payments, particularly for pursuant to a written agreement described in fraud and abuse, including the dem- section 1853(j), the amount by which— patients that have chronic illnesses, onstration of a community benefit ‘‘(i) the amount of payment that would and forced them to reduce care they through the savings of grant dollars in- have otherwise been provided under subpara- would have otherwise provided for tended for care for the uninsured or an graph (A) (calculated as if ‘100 percent’ were their uninsured patients. Our bipar- substituted for ‘80 percent’ in such subpara- increase in the availability of services tisan legislation prevents the imposi- graph) for such services if the individual had to a medically underserved commu- tion of the Medicare payment cap for not been so enrolled; exceeds nity. There are additional require- health centers, and again, mirrors cost- ‘‘(ii) the amount of the payments received ments, such as assurances that the ar- based reimbursement that a number of under such written agreement for such serv- rangement to not limit a patient’s free- ices (not including any financial incentives other safety-net providers receive dom of choice, in addition to any oth- provided for in such agreement such as risk through Medicare. pool payments, bonuses, or withholds), The bill also extends payment protec- ers that the IOG deems are needed as less the amount the Federally qualified tions to Medicare+Choice. This is long as they are consistent with con- gressional intent. health center may charge as described in sec- achieved by establishing a supple- tion 1857(e)(3)(C);’’. mental or ‘‘wrap-around’’ payment Community health centers enjoy strong bipartisan support in Congress (b) CONTINUATION OF MEDICARE+CHOICE much like the one that currently exists MONTHLY PAYMENTS.— because they are cost-effective pro- in the Medicaid program for FQHC’s (1) IN GENERAL.—Section 1853 of the Social contracting with managed care organi- viders of services that keep patients Security Act (42 U.S.C. 1395w–23) is amended zations. As this has worked so well in healthy and out of costly specialty and by adding at the end the following new sub- the Medicaid program, Congress should emergency settings. As more people section: also enact a ‘‘wrap-around’’ payment in prepare to enter the Medicare program, ‘‘(j) SPECIAL PAYMENT RULE FOR FEDER- the Medicare+Choice program to en- it is vital that beneficiaries in rural, ALLY QUALIFIED HEALTH CENTER SERVICES.— If an individual who is enrolled with a sure CHC’s are having their reasonable frontier, and inner-city areas have ac- cess to the full range of Medicare bene- Medicare+Choice organization under this costs appropriately covered. part receives a service from a Federally In addition, the legislation elimi- fits. Health centers are the vehicle to qualified health center that has a written nates regulatory hurdles that impair make that happen. I urge passage of agreement with such organization for pro- health centers’ ability to provide pre- this legislation. viding such a service (including any agree- ventive ambulatory services to Medi- I ask unanimous consent that the ment required under section 1857(e)(3))— care patients. While CHC’s provide pri- text of the bill be printed in the ‘‘(1) the Secretary shall pay the amount mary care services to their patients, RECORD. determined under section 1833(a)(3)(B) di- Medicare does not cover anything There being no objection, the bill was rectly to the Federally qualified health cen- other than the most basic services pro- ordererd to be printed in the RECORD, ter not less frequently than quarterly; and vided at CHC’s. Such services that as follows: ‘‘(2) the Secretary shall not reduce the amount of the monthly payments to the health centers may provide that Medi- S. 2067 Medicare+Choice organization made under care does not pay on a cost basis, in- Be it enacted by the Senate and House of Rep- section 1853(a) as a result of the application clude: mammograms, nutrition serv- resentatives of the United States of America in of paragraph (1).’’. ices, or laboratory or x-ray services. Congress assembled, (2) CONFORMING AMENDMENTS.— Some of these services have been re- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (A) Paragraphs (1) and (2) of section 1851(i) cently been added by Congress but the (a) SHORT TITLE.—This Act may be cited as of the Social Security Act (42 U.S.C. 1395w– Medicare FQHC benefit has not been the ‘‘Medicare Safety Net Access Act of 21(i)(1)) are each amended by inserting updated to reflect those changes. This 2002’’. ‘‘1853(j),’’ after ‘‘1853(h),’’. (b) TABLE OF CONTENTS.—The table of con- legislation would expand the services (B) Section 1853(c)(5) is amended by strik- tents of this Act is as follows: ing ‘‘subsections (a)(3)(C)(iii) and (i)’’ and in- that health centers could provide to Sec. 1. Short title; table of contents. serting ‘‘subsections (a)(3)(C)(iii), (i), and medically underserved Medicare bene- Sec. 2. Supplemental reimbursement for (j)(1)’’. ficiaries. Federally qualified health cen- (c) ADDITIONAL MEDICARE+CHOICE CON- Furthermore, the bill ensures the ters participating in medicare TRACT REQUIREMENTS.—Section 1857(e) of the availability of these services to those managed care. Social Security Act (42 U.S.C. 1395w–27(e)) is S2328 CONGRESSIONAL RECORD — SENATE March 22, 2002 amended by adding at the end the following ‘‘(A) services of the type described in sub- rangements to the antikickback penalties new paragraph: paragraphs (A) through (C) of paragraph (1), described in section 1128B(b)(3)(F) of the So- ‘‘(3) AGREEMENTS WITH FEDERALLY QUALI- and such other services furnished by a Feder- cial Security Act, as added by subsection (a). FIED HEALTH CENTERS.— ally qualified health center for which pay- (B) FACTORS TO CONSIDER.—In establishing ‘‘(A) ENSURING EQUAL ACCESS TO SERVICES ment may otherwise be made under this title standards relating to the exception for OF FQHCS.—A contract under this part shall if such services were furnished by a health health center entity arrangements under require the Medicare+Choice organization to care provider or health care professional subparagraph (A), the Secretary— enter into (and to demonstrate to the Sec- other than a Federally qualified health cen- (i) shall extend the exception where the ar- retary that it has entered into) a sufficient ter; and rangement between the health center entity number of written agreements with Feder- ‘‘(B) preventive primary health services and the other party— ally qualified health centers providing Fed- that a center is required to provide under (I) results in savings of Federal grant funds erally qualified health center services for section 330 of the Public Health Service Act, or increased revenues to the health center which payment may be made under this title when furnished to an individual as a patient entity; in the service area of each Medicare+Choice of a Federally qualified health center.’’. (II) does not limit or restrict a patient’s plan offered by such organization so that (b) OFFSITE FQHC SERVICES.— freedom of choice; and such services are reasonably available to in- (1) PATIENTS OF HOSPITALS AND CRITICAL AC- (III) does not interfere with a health care dividuals enrolled in the plan. CESS HOSPITALS.—Section 1862(a)(14) of the professional’s independent medical judgment ‘‘(B) ENSURING EQUAL PAYMENT LEVELS AND Social Security Act (42 U.S.C. 1395y(a)) is regarding medically appropriate treatment; AMOUNTS.—A contract under this part shall amended by inserting ‘‘Federally qualified and require the Medicare+Choice organization to health center services,’’ after ‘‘qualified psy- (ii) may include other standards and cri- provide a level and amount of payment to chologist services,’’. teria that are consistent with the intent of each Federally qualified health center for (2) EXCLUSION OF FEDERALLY QUALIFIED Congress in enacting the exception estab- services provided by such health center that HEALTH CENTER SERVICES FROM THE PPS FOR lished under this subsection. are covered under the written agreement de- SKILLED NURSING FACILITIES.—Section 1888(e) (2) INTERIM FINAL EFFECT.—No later than 60 scribed in subparagraph (A) that is not less of the Social Security Act (42 U.S.C. days after the date of enactment of this Act, than the level and amount of payment that 1395yy(e)) is amended— the Secretary shall publish a rule in the Fed- the organization would make for such serv- (A) in paragraph (2)(A)(i)(II), by striking eral Register consistent with the factors ices if the services had been furnished by a ‘‘clauses (ii) and (iii)’’ and inserting ‘‘clauses under paragraph (1)(B). Such rule shall be ef- provider of services that was not a Federally (ii) through (iv)’’; and fective and final immediately on an interim qualified health center. (B) by adding at the end of paragraph (2)(A) basis, subject to change and revision after ‘‘(C) COST-SHARING.—Under the written the following new clause: public notice and opportunity (for a period of agreement described in subparagraph (A), a ‘‘(iv) EXCLUSION OF FEDERALLY QUALIFIED not more than 60 days) for public comment, Federally qualified health center must ac- HEALTH CENTER SERVICES.—Services de- provided that any change or revision shall be cept the Medicare+Choice contract price plus scribed in this clause are Federally qualified consistent with this subsection. the Federal payment as payment in full for health center services (as defined in section services covered by the contract, except that 1861(aa)(3)).’’. By Mr. NELSON of Florida (for such a health center may collect any amount (c) TECHNICAL CORRECTIONS.— himself, Mr. GRAHAM, Mr. of cost-sharing permitted under the contract (1) Section 1861(aa)(1)(B) of the Social Se- CLELAND, and Mr. MILLER): under this part, so long as the amounts of curity Act (42 U.S.C. 1395x(aa)(1)(B)) is any deductible, coinsurance, or copayment S. 2069. A bill to direct the Secretary amended by striking ‘‘subsection (hh)(1)),,’’ of Veterans Affairs to establish a na- comply with the requirements under section and inserting ‘‘subsection (hh)(1)),’’. 1854(e) and do not result in a total payment tional cemetery for veterans in the (2) Clauses (i) and (ii)(II) of section Jacksonville, Florida, metropolitan to the center in excess of the amount deter- 1861(aa)(4)(A) of the Social Security Act (42 mined under section 1833(a)(3)(A) (calculated U.S.C. 1395x(aa)(4)(A)) are each amended by area; to the Committee on Veterans’ as if ‘100 percent’ were substituted for ‘80 striking ‘‘(other than subsection (h))’’. Affairs. percent’ in such section).’’. (d) EFFECTIVE DATES.—The amendments Mr. NELSON of Florida. Mr. Presi- (d) SAFE HARBOR FROM ANTIKICKBACK PRO- made— dent, this Nation honors in many ways HIBITION.—Section 1128B(b)(3) of the Social (1) by subsections (a) and (b) shall apply to the service of those who have worn the Security Act (42 U.S.C. 1320a–7b(b)(3)) is services furnished on or after January 1, 2003; amended— uniform of our Armed Forces and and (1) in subparagraph (E), by striking ‘‘and’’ placed themselves in harm’s way to de- (2) by subsection (c) shall take effect on after the semicolon at the end; fend our freedom and way of life. This the date of enactment of this Act. (2) in subparagraph (F), by striking the pe- Nation raises great monuments to riod at the end and inserting ‘‘; and’’; and SEC. 5. PROVIDING SAFE HARBOR FOR CERTAIN COLLABORATIVE EFFORTS THAT commemorate the many battles and (3) by adding at the end the following new BENEFIT MEDICALLY UNDER- the countless heroes of those battles subparagraph: SERVED POPULATIONS. fought throughout our history. This ‘‘(G) any remuneration between a Feder- (a) IN GENERAL.—Section 1128B(b)(3) of the Nation sets aside special days to re- ally qualified health center (or an entity Social Security Act (42 U.S.C. 1320a–7(b)(3)), member the sacrifice of generations of controlled by such a health center) and a as amended by section 2(d), is amended— Medicare+Choice organization pursuant to Americans who have stepped forward in (1) in subparagraph (F), by striking ‘‘and’’ America’s defense. the written agreement described in section after the semicolon at the end; 1853(j).’’. (2) in subparagraph (G), by striking the pe- This Nation hallows ground where we (e) EFFECTIVE DATE.—The amendments riod at the end and inserting ‘‘; and’’; and lay to rest those who have served us in made by this section shall apply to services (3) by adding at the end the following new our hour of greatest need. Our National provided on or after January 1, 2003, and con- subparagraph: Cemetery System is not only hallowed tract years beginning on or after such date. ‘‘(H) any remuneration between a public or ground, national cemeteries are monu- SEC. 3. REVISION OF FEDERALLY QUALIFIED nonprofit private health center entity de- ments to military service, the places HEALTH CENTER PAYMENT LIMITS. scribed under clauses (i) and (ii) of section where we go on those special days to (a) PER VISIT PAYMENT REQUIREMENTS FOR 1905(l)(2)(B) and any individual or entity pro- FQHCS.—Section 1833(a)(3)(A) of the Social pay tribute to the sacrifice of so many viding goods, items, services, donations or in our history. Security Act (42 U.S.C. 1395l(a)(3)(A)), as loans, or a combination thereof, to such amended by section 2(a), is amended by add- Today I offer legislation to establish health center entity pursuant to a contract, ing ‘‘(which regulations may not limit the a national cemetery near Jacksonville, lease, grant, loan, or other agreement, if per visit payment amount, or a component of such agreement produces a community ben- FL, to meet the needs of thousands of such amount, for services described in sec- efit that will be used by the health center veterans who have chosen to live out tion 1832(a)(2)(D)(ii))’’ after ‘‘the Secretary entity to maintain or increase the avail- their lives in northeast Florida and may prescribe in regulations’’. southeast Georgia. Florida’s veteran (b) EFFECTIVE DATE.—The amendment ability or accessibility, or enhance the qual- made by subsection (a) shall apply to serv- ity, of services provided to a medically un- population is the second largest in the ices provided on or after January 1, 2003. derserved population served by the health Nation. Right now in northern Florida SEC. 4. COVERAGE OF ADDITIONAL FEDERALLY center entity.’’. and southern Georgia, there are nearly QUALIFIED HEALTH CENTER SERV- (b) RULEMAKING FOR EXCEPTION FOR half-a-million veterans. Florida has the ICES. HEALTH CENTER ENTITY ARRANGEMENTS.— Nation’s oldest veteran population and (1) ESTABLISHMENT.— (a) COVERAGE FOR FQHC AMBULATORY one of the largest remaining popu- SERVICES.—Section 1861(aa)(3) of the Social (A) IN GENERAL.—The Secretary of Health Security Act (42 U.S.C. 1395x(aa)(3)) is and Human Services (in this subsection re- lations of World War II veterans. We amended to read as follows: ferred to as the ‘‘Secretary’’) shall establish, are all aware that this greatest of gen- ‘‘(3) The term ‘Federally qualified health on an expedited basis, standards relating to erations is passing away at higher and center services’ means— the exception for health center entity ar- higher rates. March 22, 2002 CONGRESSIONAL RECORD — SENATE S2329 Unfortunately for these hundreds of care assistance and expand initiatives school. We know that children in high- thousands of veterans in Florida and to improve the quality of child care. quality early care score higher on read- Georgia, the nearest national cemetery This has been an extremely important ing and math tests, are more likely to is located in Bushnell, FL, which is 3- endeavor. Access to quality childcare complete high school and go onto col- hour drive from Jacksonville. The na- helps families to work and children to lege, and are less likely to repeat a tional cemetery in St. Augustine is full succeed. Yet, we must do more. Only grade or get charged in juvenile court. and closed. The nearest national ceme- one out of seven children eligible for In contrast, children in poor quality tery in Georgia is in Marietta just assistance through the CCDBG pro- child care have been found to be more north of Atlanta. gram receives a subsidy, approximately likely to be referred to special edu- Our veterans have made great sac- 12.9 million eligible children without cation, delayed in language and read- rifices to protect our country in her assistance. In March 2000, a family ing skills and to display more aggres- days of peril, and certainly deserve to earning as little as $25,000 could not sion toward other children and adults. rest in honored respect in a national qualify for child care assistance in In the recently enacted No Child Left cemetery. To honor the veterans of most States. The need for child care as- Behind Act, Congress and the President northeast Florida and southeast Geor- sistance is likely to significantly in- signaled a new commitment to improv- gia, we must act now, in order to have crease in the near future. Many States ing educational outcomes in our this facility established by 2006 when are currently faced with serious budget schools. The legislation required our World War II veterans’ deaths are shortfalls that threaten the progress states, school districts, and commu- expected to reach their peak. they have made in the provision of nities to close achievement gaps be- Senators GRAHAM and CLELAND and I child care in recent years. The admin- tween disadvantaged students and are honored and proud to sponsor this istration’s recently proposed welfare their peers. In his State of the Union important bill, and we look forward to plan would increase work-related re- Address earlier this year, President the support of our colleagues as we pro- quirements for welfare recipients, Bush acknowledged the important of vide for our veterans who have given so which if passed will create an even early learning and made it a priority much for our country. greater demand for child care. Even if for his administration. Increased fed- I ask unanimous consent that the this aspect of the administration’s wel- eral support for child care is critical to text of this bill be printed in the fare proposal is rejected as unworkable, supporting high-quality early learning RECORD. which I believe is the case, we must programs. We should work on a bipar- There being no objection, the bill was make providing high-quality child care tisan basis—as we did with respect to ordered to be printed in the RECORD, as to low-income families a priority in the No Child Left Behind Act—towards follows: this Congress. The Children First Act this goal. We must increase access to child car, S. 2069 will do just that. Increased availability of child care but we must also do more to ensure the Be it enacted by the Senate and House of Rep- improved quality of child care. Many resentatives of the United States of America in enables low-income parent on welfare, Congress assembled, and parents trying to stay off welfare, families in New Mexico, even those re- SECTION 1. ESTABLISHMENT. to work and support their families. Ac- ceiving assistance, cannot provide (a) IN GENERAL.—The Secretary of Vet- cording to a recent administration re- their children with a high quality child erans Affairs shall establish, in accordance port, employment among single moth- car setting. In part, this is caused by with chapter 24 of title 38, United States ers with young children grew in recent the low reimbursement rates provided Code, a national cemetery in the Jackson- years fro 58 percent to 73 percent. The due to limited funding. For example, in ville, Florida, metropolitan area to serve the administration noted: ‘‘These employ- New Mexico the reimbursement rate is needs of veterans and their families. $396, while the market rate averaged (b) CONSULTATION IN SELECTION OF SITE.— ment increased by single mothers and former welfare mothers are unprece- $470. As a result the higher quality pro- Before selecting the site for the national vider often do not accept state-sub- cemetery established under subsection (a), dented.’’ Most people agree that em- the Secretary shall consult with— ployment gains among single mothers sidized children into their programs. A lack of qualified care provider also (1) appropriate officials of the State of can only be sustained if families have make the provision of high quality care Florida and local officials of the Jackson- access to dependable child care. Stud- difficult. Childcare workers in New ville metropolitan area, and ies show that when child care is avail- Mexico make, on average, $6.24 per (2) appropriate officials of the United able, and when families get help paying States, including the Administrator of Gen- hour, less than half the average weekly eral Services, with respect to land belonging for care, they are more likely to work. When I talk to people in my home wage. Less than 20 percent of these to the United States in that area that would workers receive employee benefits such State of New Mexico about welfare re- be suitable to establish the national ceme- as health insurance and paid sick form, they identify access to childcare tery under subsection (a). leave. (c) REPORT.—Not later than 90 days after as the most important work support we The Children First Act will address the date of the enactment of this Act, the can provide. In New Mexico, 57 percent Secretary shall submit to Congress a report these issues by increasing funding for of children under 6 live in households the Child Care Development Block on the establishment of the national ceme- in which all parents work. Approxi- tery under subsection (a). The report shall Grant by $11.2 billion over five years. set forth a schedule for such establishment mately 67 percent of these households With these funds, states will be able to and an estimate of the costs associated with have income less than 200 percent of serve approximately 1 million more such establishment. the Federal poverty threshold. Yet less children nationally. The bill also con- than 25 percent of children under the tains an increase in the quality set- By Mr. BINGAMAN (for himself age of 6 eligible under federal law for aside in CCDBG, which will provide and Mr. KERRY): childcare assistance are receiving as- funds specifically for efforts to improve S. 2070. A bill to amend part A of sistance in New Mexico. Families with quality. States can use these funds to title IV to exclude child care from the both parent working aen earning he provide training to care providers and determination of the 5-year limit on minimum wage must pay 49 percent of create and enforce standards of care. assistance under the temporary assist- their income on childcare for one child. The bill also makes common sense ance to needy families program, and Without subsidized care, many of these changes to the TANF program that for other purposes; to the Committee families can not afford to work. support work by enabling states to in- on Finance. When I talk to people in New Mexico crease the availability and improve the Mr. BINGAMAN. Mr. President, I rise about improving our education system, quality of child care. today to introduce the Children First the need for improved school readiness I urge my colleagues to support this Act. Since 1996, federal funding for is often theotp concern. Improved qual- important piece of legislation. It will child care assistance under the Child ity of child care is an important com- help low-income families work and Care and Development Block Grant, ponent in that effort as well. Quality help prepare our children to succeed. CCDBG, has significally increased, child care provides low-income chil- making it possible for states to provide dren with the early learning experi- By Mr. SMITH of New Hamp- more low-income families with child ences that they need to do well in shire: S2330 CONGRESSIONAL RECORD — SENATE March 22, 2002 S. 2071. A bill to amend title 23, SECTION 1. PROHIBITION ON COLLECTION OF These children do not deserve to be United States Code, to prohibit the col- TOLLS FROM VEHICLES AND EQUIP- treated as criminals, they need and de- MENT USED BY THE ARMED FORCES. lection of tolls form vehicles or mili- Section 129 of title 23, United States Code, serve access to treatment, counseling, tary equipment under the actual phys- is amended by adding at the end the fol- and other rehabilitative and supportive ical control of a uniformed member of lowing: services. We need to give States the the Armed Forces, and for other pur- ‘‘(d) PROHIBITION ON COLLECTION OF TOLLS flexibility and the resources they need poses; to the Committee on Environ- FROM VEHICLES AND EQUIPMENT USED BY THE to make these options available. Cur- ARMED FORCES.— ment and Public Works rently, Federal financing for commu- ‘‘(1) IN GENERAL.—No tolls shall be col- nity-based mental health care is so Mr. SMITH of New Hampshire. Mr. lected from any vehicle or military equip- President, I rise today to offer a bill ment owned by the Department of Defense complex and burdensome that States that will exempt our Nation’s military for the use of any toll facility described in are unable to offer a comprehensive, vehicles and equipment from being sub- paragraph (3) when the vehicle or military coordinated set of community-based ject to paying tolls on America’s roads, equipment is under the actual physical con- intensive mental health services with a bridges and ferries. As the Ranking trol of a uniformed member of the Armed single point of access. Rather, those in Forces. Member of Environment & Public dire need of these services are forced to ‘‘(2) PERIODS OF NATIONAL EMERGENCY.— Works Committee, which has jurisdic- rely on a patchwork of uncoordinated During a period of national emergency de- programs with missing service compo- tion over our highway system, and as a clared by the President, upon request of the nents. senior member of the Armed Services Secretary of Defense, a toll facility described Currently, States must apply for six Committee, I believe that this an ap- in paragraph (3)(A) shall reserve a lane of the optional Medicaid waivers in order to propriate action long overdue. In this toll facility for the exclusive use of a vehicle or military equipment described in para- provide these services. This legislation time of war and heightened threat to would help fill the cracks in our men- America’s shores, the thought of all graph (1). ‘‘(3) TOLL FACILITIES.—A toll facility de- tal health care system by allowing units in an Army troop convoy digging scribed in this paragraph is— States, through a single policy deci- into their pockets to drop quarters into ‘‘(A) a toll highway, bridge, or tunnel lo- sion, to finance the entire array of the nets at tollbooths on the Jersey cated on a public road; or community-based services that individ- turnpike is absurd. When we created ‘‘(B) a toll ferry boat that operates on a uals with severe mental illness need. the interstate highway system in the route classified as a public road.’’. The Medicaid Intensive Community 1950’s under the strong leadership of Mental Health Act would allow States By Mr. CORZINE (for himself, President Eisenhower, a primary moti- to choose the ‘‘intensive community Mr. BINGAMAN, and Mr. vation of the former General of the mental health treatment’’ option under Army was to facilitate the movement BREAUX): S. 2072. A bill to amend title XIX of Medicaid, which would allow States to of men and material in times of crisis. provide services such as psychiatric re- Yet in the intervening years, as toll the Social Security Act to provide States with the option of covering in- habilitation, crisis residential treat- roads have been established, no one at tensive community mental health ment, medication education and man- the Federal level has thought to ex- treatment under the Medicaid Pro- agement, integrated treatment serv- empt the armed forces form being gram, to the Committee on Finance. ices for individuals with co-occurring slowed down to pay these levies. While Mr. CORZINE. Mr. President, I am mental illness and substance abuse dis- the Federal Government has not acted, very pleased to introduce today a crit- orders, and family psycho-education many States, most notably my State of ical piece of mental health legislation services, among others, in a coordi- New Hampshire, has seen fit to exempt with my colleagues Senators BINGAMAN nated manner. those who are protecting us from pay- and BREAUX. This legislation, the Med- In my home State of New Jersey, ing these tolls. America’s armed forces icaid Intensive Community Mental there are about 3,000 people residing in deserve all the help we can give them. Health Act, will assist and encourage psychiatric hospitals. About half of The shortsighted among us might say States to provide comprehensive inten- these people, or 1,500 people, are eligi- that all we need to do is to provide sive mental health services through ble to be released, but, due to a lack of some expedited form of payment, so the Medicaid Program. intensive community-based treatment, that the tolls can be collected faster. I Since deinstitutionalization, too they continue to remain needlessly in- say that our troops deserve better. many people with severe mental ill- stitutionalized. If passed, this legisla- There is just no reason to subject our nesses have fallen through the cracks tion would help States to create an in- military to paying tolls in order to use of our mental health system in part be- tegrated system of intensive commu- America’s roads when their only reason cause too many States and localities nity-based mental health care for those for being on those roads is to protect have not established intensive commu- with severe mental illness. Not only America. Therefore, my bill provides nity-based programs to assist those would this option improve community- for a complete exemption from tolls, with severe mental illness. based services for the mentally ill, but and not just half-way measures to sim- In 1999, the Supreme Court rules in it would also give states a mechanism plify the payment. But my bill goes its Olmstead decision that individuals to assist people who otherwise require even further. In the same vein, I be- with disabilities, including mental ill- costly hospitalization. lieve that it is essential, should a crisis ness, who are capable of living in a Far too often in our Nation, individ- arise, or God forbid, should America community setting, must be placed in uals with severe mental illness are ei- again be attacked, to speed our troops less restrictive settings. Two years ther unable to access appropriate men- through the toll facilities. Accordingly, after this decision, my State of New tal health care or have repeated but ul- I have written the bill a provision to Jersey and States nationwide are timately unsuccessful hospitalizations. require a toll facility, in times of an struggling to improve and expand com- And unfortunately, untreated mental emergency declared by the President, munity-based mental health services in illness has led many sufferers to be- to reserve a dedicated support for order to ensure that the appropriate come homeless. It has also led many to America’s military by voting for this services are in place for the mentally commit crimes. Ultimately, this legis- important bill. ill so that they can lead productive lation will help States respond to the lives outside of the institution. And, problems associated with deinstitu- Mr. President, I ask unanimous con- let me be clear that this applies to tionalization, homelessness, and the sent that the bill be printed in the children just as it applies to adults. I criminalization of mental illness, and RECORD. know my colleague from New Mexico, in doing so, it will help people with se- There being no objection, the bill was Senator BINGAMAN, has expressed deep vere mental illness to live better lives ordered to be printed in the RECORD, as concern about the hundreds of youth in their communities and with their follows: with mental illness in his State who families. S. 2071 are being held at detention centers be- I want to thank my colleagues, Mr. Be it enacted by the Senate and House of Rep- cause there are very limited commu- BINGAMAN and Mr. BREAUX, for joining resentatives of the United States of America in nity-based mental health treatment me today to introduce this important Congress assembled, options. legislation. March 22, 2002 CONGRESSIONAL RECORD — SENATE S2331 AMENDMENTS SUBMITTED AND (b) PURPOSES.—The purposes of this section (i) domestic refineries; PROPOSED are— (ii) the fuel distribution system; and (1) to eliminate use of MTBE as a fuel oxy- (iii) industry investment in new capacity; SA 3075. Mr. GRASSLEY submitted an genate; and (C) the effect of the requirements described amendment intended to be proposed to (2) to provide assistance to merchant pro- in paragraph (1) on emissions from vehicles, amendment SA 2917 proposed by Mr. ducers of MTBE in making the transition refineries, and fuel handling facilities; and DASCHLE (for himself and Mr. BINGAMAN) to from producing MTBE to producing other (D) the feasibility of developing national the bill (S. 517) to authorize funding the De- fuel additives. or regional motor vehicle fuel slates for the partment of Energy to enhance its mission (c) AUTHORITY FOR WATER QUALITY PROTEC- 48 contiguous States that could— areas through technology transfer and part- TION FROM FUELS.—Section 211(c) of the (i) enhance flexibility in the fuel distribu- nerships for fiscal years 2002 through 2006, Clean Air Act (42 U.S.C. 7545(c)) is amended tion infrastructure and improve fuel and for other purposes; which was ordered to by adding at the end the following: lie on the table. fungibility; ‘‘(5) PROHIBITION ON USE OF MTBE.— SA 3076. Mr. DODD (for Mr. KERRY (for (ii) reduce price volatility and costs to ‘‘(A) IN GENERAL.—Subject to subparagraph himself and Mr. BOND)) proposed an amend- consumers and producers; (E), not later than 4 years after the date of ment to the bill S. 1499, to provide assistance (iii) provide increased liquidity to the gas- enactment of this paragraph, the use of to small business concerns adversely im- oline market; and pacted by the terrorist attacks perpetrated methyl tertiary butyl ether in motor vehicle (iv) enhance fuel quality, consistency, and against the United States on September 11, fuel in any State other than a State de- supply. 2001, and for other purposes. scribed in subparagraph (C) is prohibited. (b) REPORT.— SA 3077. Mr. DODD (for Mr. NICKLES (for ‘‘(B) REGULATIONS.—The Administrator (1) IN GENERAL.—Not later than June 1, himself and Mr. INHOFE)) proposed an amend- shall promulgate regulations to effect the 2006, the Secretary of Energy shall submit to ment to the bill S. 1321, to authorize the con- prohibition in subparagraph (A). Congress a report on the results of the study struction of a Native American Cultural Cen- ‘‘(C) STATES THAT AUTHORIZE USE.—A State conducted under subsection (a). ter and Museum in Oklahoma City, Okla- described in this subparagraph is a State (2) RECOMMENDATIONS.— homa. that submits to the Administrator a notice (A) IN GENERAL.—The report shall contain that the State authorizes use of methyl ter- recommendations for legislative and admin- f tiary butyl ether in motor vehicle fuel sold istrative actions that may be taken— TEXT OF AMENDMENTS or used in the State. (i) to improve air quality; SA 3075. Mr. GRASSLEY submitted ‘‘(D) PUBLICATION OF NOTICE.—The Admin- (ii) to reduce costs to consumers and pro- istrator shall publish in the Federal Register an amendment intended to be proposed ducers; and each notice submitted by a State under sub- (iii) to increase supply liquidity. to amendment SA 2917 proposed by Mr. paragraph (C). (B) REQUIRED CONSIDERATIONS.—The rec- DASCHLE (for himself and Mr. BINGA- ‘‘(E) TRACE QUANTITIES.—In carrying out ommendations under subparagraph (A) shall MAN) to the bill (S. 517) to authorize subparagraph (A), the Administrator may take into account the need to provide ad- funding the Department of Energy to allow trace quantities of methyl tertiary vance notice of required modifications to re- enhance its mission areas through butyl ether, not to exceed 0.5 percent by vol- finery and fuel distribution systems in order technology transfer and partnerships ume, to be present in motor vehicle fuel in to ensure an adequate supply of motor vehi- for fiscal years 2002 through 2006, and cases that the Administrator determines to cle fuel in all States. for other purposes; which was ordered be appropriate. (3) CONSULTATION.—In developing the re- ‘‘(6) MTBE MERCHANT PRODUCER CONVER- to lie on the table; as follows: port, the Secretary of Energy shall consult SION ASSISTANCE.— with— Beginning on page 200, strike line 9 and all ‘‘(A) IN GENERAL.—The Secretary of Energy (A) the Governors of the States; that follows through page 204, line 13. may make grants to merchant producers of (B) automobile manufacturers; and On page 204, line 14, strike ‘‘(e)’’ and insert methyl tertiary butyl ether in the United (C) motor vehicle fuel producers and dis- ‘‘(c)’’. States to assist the producers in the conver- tributors. On page 213, strike line 16 and all that fol- sion of eligible production facilities de- lows through page 218, line 14. Beginning on page 219, strike line 18 and scribed in subparagraph (B) to— SA 3076. Mr. DODD (for Mr. KERRY all that follows through page 224, line 17 and ‘‘(i) the production of iso-octane and (for himself and Mr. BOND)) proposed an insert the following: alkylates; and amendment to the bill S. 1499, to pro- (6) in recent years, MTBE has been de- ‘‘(ii) the production of such other fuel addi- vide assistance to small business con- tected in water sources throughout the tives as will contribute to replacing quan- cerns adversely impacted by the ter- tities of motor fuel rendered unavailable as a United States; rorist attacks perpetrated against the (7) MTBE can be detected by smell and result of paragraph (5). On page 224, line 18, strike ‘‘(C)’’ and insert United States on September 11, 2001, taste at low concentrations; ‘‘(B)’’. and for other purposes; as follows: (8) while small quantities of MTBE can On page 225, line 10, strike ‘‘(D)’’ and insert render water supplies unpalatable, the pre- Strike all after the enacting clause and in- ‘‘(C)’’. sert the following: cise human health effects of MTBE consump- Beginning on page 227, strike line 3 and all tion at low levels are yet unknown; that follows through page 232, line 24. SECTION 1. SHORT TITLE. (9) in the report entitled ‘‘Achieving Clean On page 233, line 1, strike ‘‘(d)’’ and insert This Act may be cited as the ‘‘American Air and Clean Water: The Report of the Blue ‘‘(b)’’. Small Business Emergency Relief and Recov- Ribbon Panel on Oxygenates in Gasoline’’ Beginning on page 233, strike line 6 and all ery Act’’. and dated September 1999, Congress was that follows through page 244, line 23, and in- SEC. 2. FINDINGS AND PURPOSE. urged— sert the following: (a) FINDINGS.—Congress finds that— (A) to eliminate the fuel oxygenate stand- SEC. 8ll. FUEL SYSTEM REQUIREMENTS HAR- (1) the Nation’s 25,000,000 small businesses ard; and MONIZATION STUDY. employ more than 58 percent of the private (B) to greatly reduce use of MTBE; (a) STUDY.— workforce, and create 75 percent of all net (10) Congress has— (1) IN GENERAL.—The Secretary of Energy new jobs; (A) reconsidered the relative value of shall conduct a study of Federal, State, and (2) as a result of the terrorist attacks per- MTBE in gasoline; and local requirements concerning motor vehicle petrated against the United States on Sep- (B) decided to eliminate use of MTBE as a fuels, including— tember 11, 2001, many small businesses na- fuel additive; (A) requirements relating to reformulated tionwide suffered— (11) the timeline for elimination of use of gasoline, volatility (measured in Reid vapor (A) directly because— MTBE as a fuel additive must be established pressure), oxygenated fuel, and diesel fuel; (i) they are, or were as of September 11, in a manner that achieves an appropriate and 2001, located in or near the World Trade Cen- balance among the goals of— (B) other requirements that vary from ter or the Pentagon, or in a disaster area de- (A) adequate energy supply; and State to State, region to region, or locality clared by the President or the Administrator (B) reasonable fuel prices; and to locality. of the Small Business Administration; (12) it is appropriate for Congress to pro- (2) REQUIRED ELEMENTS.—The study shall (ii) they were closed or their business was vide some limited transition assistance— assess— suspended for National security purposes at (A) to merchant producers of MTBE who (A) the effect of the variety of require- the mandate of the Federal Government; or produced MTBE in response to a market cre- ments described in paragraph (1) on the sup- (iii) they are, or were as of September 11, ated by the oxygenate requirement con- ply, quality, and price of motor vehicle fuels 2001, located in an airport that has been tained in the Clean Air Act (42 U.S.C. 7401 et available to the consumer; closed; and seq.); and (B) the effect of Federal, State, and local (B) indirectly because— (B) for the purpose of mitigating any fuel motor vehicle fuel regulations, including (i) they supplied or provided services to supply problems that may result from elimi- multiple motor vehicle fuel requirements, businesses that were located in or near the nation of a widely-used fuel additive. on— World Trade Center or the Pentagon; S2332 CONGRESSIONAL RECORD — SENATE March 22, 2002 (ii) they are, or were as of September 11, tacks perpetrated against the United States graph shall be resolved in favor of the appli- 2001, a supplier, service provider, or com- on September 11, 2001. cant. plementary industry to any business or in- ‘‘(4) SUBSTANTIAL ECONOMIC INJURY.—As ‘‘(E) NO DISASTER DECLARATION REQUIRED.— dustry adversely affected by the terrorist at- used in section 7(b)(4), the term ‘substantial For purposes of assistance under this para- tacks perpetrated against the United States economic injury’ means an economic harm graph, no declaration of a disaster area is re- on September 11, 2001, in particular, the fi- to a small business concern that results in quired for those small business concerns di- nancial, hospitality, and travel industries; or the inability of the small business concern— rectly affected by the terrorist attacks on (iii) they are, or were as of September 11, ‘‘(A) to meet its obligations on an ongoing September 11, 2001. 2001, integral to or dependent upon a busi- basis; ‘‘(F) SIZE STANDARD ADJUSTMENTS.—Not- ness or business sector closed or suspended ‘‘(B) to pay its ordinary and necessary op- withstanding any other provision of law, for for national security purposes by mandate of erating expenses; or purposes of providing assistance under this the Federal Government; and ‘‘(C) to market, produce, or provide a prod- paragraph to businesses located in areas of (3) small business owners adversely af- uct or service ordinarily marketed, pro- New York, Virginia, and the contiguous fected by the terrorist attacks are finding it duced, or provided by the small business con- areas designated by the President or the Ad- difficult or impossible— cern.’’. ministrator as a disaster area following the (A) to make loan payments on existing SEC. 4. DISASTER LOANS AFTER TERRORIST AT- terrorist attacks on September 11, 2001, a debts; TACKS. business shall be considered to be a ‘small (a) IN GENERAL.—Section 7(b) of the Small (B) to pay their employees; business concern’ if it meets otherwise appli- Business Act (15 U.S.C. 636(b)) is amended by (C) to pay their vendors; cable size regulations promulgated by the inserting immediately before the undesig- (D) to purchase materials, supplies, or in- Administration, and, with respect to the ap- ventory; nated material following paragraph (3) the following: plicable size standard, it is— (E) to pay their rent, mortgage, or other ‘‘(i) a restaurant having not more than ‘‘(4) DISASTER LOANS AFTER TERRORIST AT- operating expenses; or $8,000,000 in annual receipts; (F) to secure financing for their businesses. TACKS OF SEPTEMBER 11, 2001.— ‘‘(A) LOAN AUTHORITY.—In addition to any ‘‘(ii) a law firm having not more than (b) PURPOSE.—The purpose of this Act is to other loan authorized by this section, the $8,000,000 in annual receipts; strengthen the loan, investment, procure- Administration may make such loans (either ‘‘(iii) a certified public accounting business ment assistance, and management education directly or in cooperation with banks or having not more than $8,000,000 in annual re- programs of the Small Business Administra- other lending institutions through agree- ceipts; tion, in order to help small businesses meet ments to participate on an immediate or de- ‘‘(iv) a performing arts business having not their existing obligations, finance their busi- ferred basis) to a small business concern that more than $8,000,000 in annual receipts; nesses, and maintain and create jobs, there- has been directly affected and suffered sub- ‘‘(v) a warehousing or storage business by providing stability to the national econ- stantial economic injury as the result of the having not more than $25,000,000 in annual omy. terrorist attacks on September 11, 2001, in- receipts; SEC. 3. DEFINITIONS RELATING TO TERRORIST cluding due to the closure or suspension of ‘‘(vi) a contracting business having a size ATTACKS. its business for national security purposes at standard under the North American Industry Section 3 of the Small Business Act (15 the mandate of the Federal Government. Classification System, Subsector 235, and U.S.C. 632) is amended by adding at the end ‘‘(B) REFINANCING DISASTER LOANS.— having not more than $15,000,000 in annual the following: ‘‘(i) IN GENERAL.—Any loan made under receipts; ‘‘(r) DEFINITIONS RELATING TO TERRORISM this subsection that was outstanding as to ‘‘(vii) a food manufacturing business hav- RELIEF.—In this Act, the following defini- principal or interest on September 11, 2001, ing not more than 1,000 employees; tions shall apply with respect to the provi- may be refinanced by a small business con- ‘‘(viii) an apparel manufacturing business sion of assistance under this Act in response cern that is also eligible to receive a loan having not more than 1,000 employees; or to the terrorist attacks perpetrated against under this paragraph, and the refinanced ‘‘(ix) a travel agency having not more than the United States on September 11, 2001, pur- amount shall be considered to be part of the $3,000,000 in annual receipts. suant to the American Small Business Emer- new loan for purposes of this clause. ‘‘(5) AUTHORITY TO INCREASE OR WAIVE SIZE gency Relief and Recovery Act: ‘‘(ii) NO EFFECT ON ELIGIBILITY.—A refi- STANDARDS AND SIZE REGULATIONS.— ‘‘(1) DIRECTLY AFFECTED.—A small business nancing under clause (i) by a small business ‘‘(A) IN GENERAL.—At the discretion of the concern is directly affected by the terrorist concern shall be in addition to any other Administrator, the Administrator may in- attacks perpetrated against the United loan eligibility for that small business con- crease or waive otherwise applicable size States on September 11, 2001, if it— cern under this Act. standards or size regulations with respect to ‘‘(A) is, or was as of September 11, 2001, lo- ‘‘(C) REFINANCING BUSINESS DEBT.— businesses applying for assistance under this cated in or near the World Trade Center or ‘‘(i) IN GENERAL.—Any business debt of a Act in response to the terrorist attacks on the Pentagon, or in a disaster area declared small business concern that was outstanding September 11, 2001. by the President or the Administrator re- as to principal or interest on September 11, ‘‘(B) EXEMPTION FROM ADMINISTRATIVE PRO- lated to those terrorist attacks; 2001, may be refinanced by the small business CEDURES.—The provisions of subchapter II of ‘‘(B) was closed or its business was sus- concern if it is also eligible to receive a loan chapter 5, of title 5, United States Code, pended for national security purposes at the under this paragraph. With respect to a refi- shall not apply to any increase or waiver by mandate of the Federal Government; or nancing under this clause, payments of prin- the Administrator under subparagraph (A). ‘‘(C) is, or was as of September 11, 2001, lo- cipal shall be deferred, and interest may ac- ‘‘(6) INCREASED LOAN CAPS.— cated in an airport that has been closed. crue notwithstanding clause (iii) of section ‘‘(A) AGGREGATE LOAN AMOUNTS.—Except as ‘‘(2) INDIRECTLY AFFECTED.—A small busi- 202 of the Department of Defense and Emer- provided in subparagraph (B), and in addition ness concern is indirectly affected by the ter- gency Supplemental Appropriations for Re- to amounts otherwise authorized by this Act, rorist attacks perpetrated against the covery from and Response to Terrorist At- the loan amount outstanding and committed United States on September 11, 2001, if it— tacks on the United States Act, 2002 (Public to a borrower may not exceed— ‘‘(A) supplied or provided services to any Law 107-117, 115 Stat. 2297), during the 1-year ‘‘(i) with respect to a small business con- business that was located in or near the period following the date of refinancing. cern located in the areas of New York, Vir- World Trade Center or the Pentagon, or in a ‘‘(ii) RESUMPTION OF PAYMENTS.—At the ginia, or the contiguous areas designated by disaster area declared by the President or end of the 1-year period described in clause the President or the Administrator as a dis- the Administrator related to those terrorist (i), the payment of periodic installments of aster area following the terrorist attacks on attacks; principal and interest shall be required with September 11, 2001— ‘‘(B) is, or was as of September 11, 2001, a respect to such loan, in the same manner and ‘‘(I) $10,000,000 in total obligations under supplier, service provider, or complementary subject to the same terms and conditions as paragraph (1); and industry to any business or industry ad- would otherwise be applicable to any other ‘‘(II) $10,000,000 in total obligations under versely affected by the terrorist acts per- loan made under this subsection. paragraph (4); and petrated against the United States on Sep- ‘‘(iii) AUTHORIZATION CAP.—Notwith- ‘‘(ii) with respect to a small business con- tember 11, 2001, in particular, the financial, standing any other provision of law, the cern that is not located in an area described hospitality, and travel industries; or total amount authorized to be obligated by in clause (i) and that is eligible for assist- ‘‘(C) it is, or was as of September 11, 2001, the Administration, under this subparagraph ance under paragraph (4), $5,000,000 in total integral to or dependent upon a business or only, for purposes of refinancing business obligations under paragraph (4). business sector closed or suspended for na- debt, may not exceed $225,000,000, notwith- ‘‘(B) WAIVER AUTHORITY.—The Adminis- tional security purposes by mandate of the standing any amount otherwise obligated by trator may, at the discretion of the Adminis- Federal Government. the Administration under this paragraph. trator, waive the aggregate loan amounts es- ‘‘(3) ADVERSELY AFFECTED.—The term ‘ad- ‘‘(D) TERMS.—A loan under this paragraph tablished under subparagraph (A). versely affected’ means having suffered eco- shall be made at the same interest rate as ‘‘(7) EXTENDED APPLICATION PERIOD.—Not- nomic harm to or disruption of the business economic injury loans under paragraph (2). withstanding any other provision of law, the operations of a small business concern as a Any reasonable doubt concerning the repay- Administrator shall accept applications for direct or indirect result of the terrorist at- ment ability of an applicant under this para- assistance under paragraphs (1) and (4) until March 22, 2002 CONGRESSIONAL RECORD — SENATE S2333 September 10, 2002, with respect to appli- U.S.C. 636(a)(23)(A)) is amended by inserting made available under appropriations Acts, cants for such assistance as a result of the ‘‘other than a loan under paragraph (31),’’ which funds shall be utilized by the Adminis- terrorist attacks on September 11, 2001. after ‘‘this subsection,’’. trator to offset the cost (as such term is de- ‘‘(8) LIMITATION ON SALES OF LOANS.—No SEC. 6. REDUCTION OF FEES. fined in section 502 of the Federal Credit Re- loan under paragraph (1) or (4), made as a re- (a) TEMPORARY REDUCTION OF SECTION 7(a) form Act of 1990) of such amendments. (e) CONFORMING REPEAL.—Effective on the sult of the terrorist attacks on September 11, FEES.— day before the date of enactment of this Act, 2001, shall be sold until 3 years after the date (1) GUARANTEE FEES.—Section 7(a)(18) of of the final loan disbursement.’’. the Small Business Act (15 U.S.C. 636(a)(18)) section 6 of the Small Business Investment Company Amendments Act of 2001 (Public (b) CLERICAL AMENDMENTS.—Section 7(b) of is amended by adding at the end the fol- Law 107-100, 115 Stat. 970), and the amend- the Small Business Act (15 U.S.C. 636(b)) is lowing: ments made by that section, are repealed. amended in the undesignated matter at the ‘‘(C) TEMPORARY REDUCTION IN FEES.—With end— respect to loans approved during the period SEC. 7. OTHER SPECIALIZED ASSISTANCE AND MONITORING AUTHORIZED. (1) by striking ‘‘, (2), and (4)’’ and inserting beginning on the date of enactment of the (a) ADDITIONAL SBDC AUTHORITY.— ‘‘and (2)’’; and American Small Business Emergency Relief (1) IN GENERAL.—Section 21(c)(3) of the (2) by striking ‘‘, (2), or (4)’’ and inserting and Recovery Act and ending on September Small Business Act (15 U.S.C. 648(c)(3)) is ‘‘(2)’’. 30, 2004, the guarantee fee under subpara- amended— SEC. 5. EMERGENCY RELIEF LOAN PROGRAM. graph (A) shall be as follows: (A) in subparagraph (S), by striking ‘‘and’’ (a) LOAN PROGRAM.—Section 7(a) of the ‘‘(i) A guarantee fee equal to 1 percent of at the end; Small Business Act (15 U.S.C. 636(a)) is the deferred participation share of a total (B) in subparagraph (T), by striking the pe- amended by adding at the end the following: loan amount that is not more than $150,000. riod at the end and inserting ‘‘; and’’; and ‘‘(31) TEMPORARY LOAN AUTHORITY FOL- ‘‘(ii) A guarantee fee equal to 2.5 percent of (C) by adding at the end the following: LOWING TERRORIST ATTACKS.— the deferred participation share of a total ‘‘(U) providing individualized assistance ‘‘(A) IN GENERAL.—During the 9-month pe- loan amount that is more than $150,000, but with respect to financing, refinancing of ex- riod beginning on the date of enactment of not more than $700,000. isting debt, and business counseling to small this paragraph, the Administration may ‘‘(iii) A guarantee fee equal to 3.5 percent business concerns adversely affected, di- make loans under this subsection to a small of the deferred participation share of a total rectly or indirectly, by the terrorist attacks business concern that has been directly or loan amount that is more than $700,000.’’. on September 11, 2001.’’. indirectly adversely affected. (2) ANNUAL FEES.—Section 7(a)(23)(A) of the (2) WAIVER OF MATCHING REQUIREMENTS.— ‘‘(B) LOAN TERMS.—With respect to a loan Small Business Act (15 U.S.C. 636(a)(23)(A)) is Section 21(a)(4)(A) of the Small Business Act under this paragraph— amended by adding at the end the following: (15 U.S.C. 648(a)(4)(A)) is amended by insert- ‘‘(i) for purposes of paragraph (2)(A), par- ‘‘With respect to loans approved during the ing before the period at the end the fol- ticipation by the Administration shall be period beginning on the date of enactment of lowing: ‘‘, except that the matching require- equal to 85 percent of the balance of the fi- the American Small Business Emergency Re- ments of this paragraph do not apply with nancing outstanding at the time of disburse- lief and Recovery Act and ending on Sep- respect to any assistance provided under sub- ment of the loan; tember 30, 2004, other than a loan under para- section (c)(3)(U)’’. ‘‘(ii) section 203 of the Department of De- graph (31), the annual fee assessed and col- (b) ADDITIONAL SCORE AUTHORITY.—Sec- fense and Emergency Supplemental Appro- lected under the preceding sentence shall be tion 8(b)(1)(B) of the Small Business Act (15 priations for Recovery from and Response to in an amount equal to 0.25 percent of the U.S.C. 637(b)(1)(B) is amended— Terrorist Attacks on the United States Act, outstanding balance of the deferred partici- (1) by inserting ‘‘(i)’’ after ‘‘(B)’’; and 2002 (Public Law 107-117, 115 Stat. 2297), as it pation share of the loan.’’. (2) by adding at the end the following: relates to annual fees, shall apply; (b) REDUCTION OF SECTION 504 FEES.—Sec- ‘‘(ii) The functions of the Service Corps of ‘‘(iii) the Administrator shall collect a tion 503 of the Small Business Investment Retired Executives (SCORE) shall include guarantee fee in accordance with paragraph Act of 1958 (15 U.S.C. 697) is amended— the provision of individualized assistance (18)(C), as amended by the American Small (1) in subsection (b)(7)(A)— with respect to financing, refinancing of ex- Business Emergency Relief and Recovery (A) by redesignating clauses (i) and (ii) as isting debt, and business counseling to small Act; subclauses (I) and (II), respectively, and business concerns adversely affected by the ‘‘(iv) the applicable rate of interest shall moving the margins 2 ems to the right; terrorist attacks on September 11, 2001.’’. not exceed a rate that is 2 percentage points (B) by striking ‘‘not exceed the lesser’’ and (c) ADDITIONAL MICROLOAN PROGRAM AU- above the prime lending rate; inserting ‘‘not exceed— THORITY.—Section 7(m) of the Small Business ‘‘(v) no such loan shall be made if the total ‘‘(i) the lesser’’; and Act (15 U.S.C. 636(m)) is amended by adding amount outstanding and committed (by par- (C) by adding at the end the following: at the end the following: ticipation or otherwise) to the borrower ‘‘(ii) 50 percent of the amount established ‘‘(14) ASSISTANCE AFTER TERRORIST ATTACKS under this paragraph— under clause (i) in the case of a loan made OF SEPTEMBER 11, 2001.—Amounts made avail- ‘‘(I) would exceed $1,000,000; or during the period beginning on the date of able under this subsection may be used by ‘‘(II) at the discretion of the Adminis- enactment of the American Small Business intermediaries to provide individualized as- trator, and upon notice to the Congress, Emergency Relief and Recovery Act and end- sistance with respect to financing, refi- would exceed $2,000,000, as necessary to pro- ing on September 30, 2004, for the life of the nancing of existing debt, and business coun- vide relief in high-cost areas or to high-cost loan; and’’; and seling to small business concerns adversely industries that have been adversely affected; (2) by adding at the end the following new affected by the terrorist attacks on Sep- or subsection: tember 11, 2001.’’. ‘‘(vi) no such loan shall be made if the ‘‘(i) TEMPORARY WAIVER OF FEES.—The Ad- (d) ADDITIONAL WOMEN’S BUSINESS DEVEL- gross amount of the loan would exceed ministration may not assess or collect any OPMENT CENTER AUTHORITY.—Section 29 of $3,000,000; up front guarantee fee with respect to loans the Small Business Act (15 U.S.C. 656) is ‘‘(vii) upon request of the borrower, repay- made under this title during the period be- amended— ment of principal due on a loan made under ginning on the date of enactment of the (1) in subsection (b)— this paragraph may be deferred during the 1- American Small Business Emergency Relief (A) in paragraph (2), by striking ‘‘and’’ at year period beginning on the date of issuance and Recovery Act and ending on September the end; of the loan; and 30, 2004.’’. (B) in paragraph (3), by striking the period ‘‘(viii) any reasonable doubt concerning (c) BUDGETARY TREATMENT OF LOANS AND at the end and inserting ‘‘; and’’; and the repayment ability of an applicant for a FINANCINGS.—Assistance made available (C) by adding at the end the following: loan under this paragraph shall be resolved under any loan made or approved by the ‘‘(4) individualized assistance with respect in favor of the applicant. Small Business Administration under sec- to financing, refinancing of existing debt, ‘‘(C) APPLICABILITY.—The loan terms de- tion 7(a) of the Small Business Act (15 U.S.C. and business counseling to small business scribed in subparagraph (B) shall apply to a 636(a)) or financings made under title V of concerns that were adversely affected by the loan under this paragraph notwithstanding the Small Business Investment Act of 1958 terrorist attacks on September 11, 2001.’’; any other provision of this subsection, and (15 U.S.C. 695 et seq.), during the period be- and except as specifically provided in this para- ginning on the date of enactment of the (2) in subsection (c), by adding at the end graph, a loan under this paragraph shall oth- American Small Business Emergency Relief the following: erwise be subject to the same terms and con- and Recovery Act and ending on September ‘‘(5) WAIVER OF MATCHING REQUIREMENTS.— ditions as any other loan under this sub- 30, 2004, shall be treated as separate pro- A recipient organization shall not be subject section. grams of the Small Business Administration to the non-Federal funding requirements of ‘‘(D) TRAVEL AGENCIES.—For purposes of for purposes of the Federal Credit Reform paragraph (1) with respect to assistance pro- loans made under this paragraph, the size Act of 1990 only. vided under subsection (b)(4).’’. standard for a travel agency shall be (d) USE OF FUNDS.—The amendments made (e) ADDITIONAL SBIC AUTHORITY.—Section $3,000,000 in annual receipts.’’. by this section to section 503 of the Small 303 of the Small Business Investment Act of (b) CONFORMING AMENDMENT.—Section Business Investment Act of 1958, shall be ef- 1958 (15 U.S.C. 683) is amended by adding at 7(a)(23)(A) of the Small Business Act (15 fective only to the extent that funds are the end the following: S2334 CONGRESSIONAL RECORD — SENATE March 22, 2002

‘‘(k) AUTHORITY AFTER TERRORIST ATTACKS (A) an initial review of the merits of a con- by this Act for any fiscal year, there are au- OF SEPTEMBER 11, 2001.—Small business in- tractor’s request by the contracting officer thorized to be appropriated to the Adminis- vestment companies are authorized and en- concerned with the contract; tration, to remain available until expended— couraged to provide equity capital and to (B) a final determination of the merits of ‘‘(1) for each of fiscal years 2002 through make loans to small business concerns pur- the contractor’s request, including the value 2004, such sums as may be necessary to carry suant to sections 304(a) and 305(a) of the of any price adjustment, by the Head of the out paragraph (4) of section 7(b), including Small Business Investment Act of 1958, re- Contracting Agency, in consultation with necessary loan capital and funds for adminis- spectively, for the purpose of providing as- the Administrator of the Small Business Ad- trative expenses related to making and serv- sistance to small business concerns ad- ministration, taking into consideration the icing loans pursuant to that paragraph; versely affected by the terrorist attacks on initial review under subparagraph (A); and ‘‘(2) for fiscal year 2002, $25,000,000, to be September 11, 2001.’’. (C) payment from the fund established used for activities of small business develop- ment centers pursuant to section SEC. 8. STUDY AND REPORT ON EFFECTS ON under subsection (d) for the contract’s price SMALL BUSINESS CONCERNS. adjustment. 21(c)(3)(U)— (3) TIMING.—The procedures required by ‘‘(A) $2,500,000 of which shall be used to as- (a) STUDY.— paragraph (1) shall require completion of ac- sist small business concerns (as that term is (1) IN GENERAL.—The Office of Advocacy of defined for purposes of section 7(b)(4)) lo- the Small Business Administration shall tion on a contractor’s request for adjustment cated in the areas of New York and the con- conduct annual studies for a 5-year period on not later than 30 days after the date on tiguous areas designated by the President as the impact of the terrorist attacks per- which the contractor submits the request to a disaster area following the terrorist at- petrated against the United States on Sep- the contracting officer concerned. (c) AUTHORIZED REMEDIES.—In addition to tacks on September 11, 2001; and tember 11, 2001, on small business concerns, making a price adjustment under subsection ‘‘(B) $1,500,000 of which shall be used to as- and the effects of assistance provided under (a), the time for performance of a contract sist small business concerns located in areas this Act on such small business concerns. may be extended under this section. of Virginia and the contiguous areas des- (2) CONTENTS.—The study conducted under (d) PAYMENT OF ADJUSTED PRICE.— ignated by the President as a disaster area paragraph (1) shall include information (1) FUND ESTABLISHED.—The Secretary of following those terrorist attacks; regarding— the Treasury shall establish a fund for the ‘‘(3) for fiscal year 2002, $2,000,000, to be (A) bankruptcies and business failures that payment of contract price adjustments under used under the Service Corps of Retired Ex- occurred as a result of the events of Sep- this section. Payments of amounts for price ecutives program authorized by section tember 11, 2001, as compared to those that adjustments shall be made out of the fund. 8(b)(1) for the activities described in section occurred in 1999 and 2000; (2) AVAILABILITY.—Notwithstanding any 8(b)(1)(B)(ii); (B) the loss of jobs, revenue, and profits in other provision of law, amounts in the fund ‘‘(4) for fiscal year 2002, $5,000,000 for small business concerns as a result of those under this subsection shall remain available microloan technical assistance authorized events, as compared to those that occurred until expended. under section 7(m)(14); in 1999 and 2000; (e) TERMINATION OF AUTHORITY.— ‘‘(5) for fiscal year 2002, $2,000,000 to be used (C) the impact of assistance provided under (1) REQUESTS.—No request for adjustment for activities of women’s business centers au- this Act to small business concerns ad- under this section may be accepted more thorized by section 29(b)(4); versely affected by those attacks, including than 330 days after the date of enactment of ‘‘(6) for each of fiscal years 2002 through information regarding whether— this Act. 2004, such sums as may be necessary to carry (i) small business concerns that received (2) TERMINATION.—The authority under this out paragraphs (18)(C) and (31) of section 7(a), such assistance would have remained in busi- section shall terminate 1 year after the date including any funds necessary to offset fees ness without such assistance; of enactment of this Act. and amounts waived or reduced under those (ii) jobs were saved due to such assistance; (f) AUTHORIZATION OF APPROPRIATIONS.— provisions, necessary loan capital, and funds and There is authorized to be appropriated to the for administrative expenses; and (iii) small business concerns that remained Secretary of the Treasury, for deposit into ‘‘(7) for each of fiscal years 2002 through in business had increases in employment and the fund established under subsection (d), 2004, such sums as may be necessary to carry sales since receiving assistance. $50,000,000 to carry out this section, includ- out the temporary suspension of fees under (b) REPORT.—The Office of Advocacy shall ing funds for administrative expenses and subsections (b)(7)(A) and (i) of section 503 of submit a report to Congress on the studies costs. Any funds remaining in the fund es- the Small Business Investment Act of 1958, required by subsection (a)(1), specifically ad- tablished under subsection (d) 1 year after in response to the terrorist attacks on Sep- dressing the requirements of subsection the date of enactment of this Act shall be tember 11, 2001, including any funds nec- (a)(2), in September of each of fiscal years transferred to the disaster loan account of essary to offset fees and amounts waived 2002 through 2006. the Small Business Administration. under those provisions and including funds (c) AUTHORIZATION OF APPROPRIATIONS.— SEC. 10. REPORTS TO CONGRESS. for administrative expenses.’’. There is authorized to be appropriated to (a) REPORTS REQUIRED.—The Adminis- carry out this section, $500,000 for each of fis- trator of the Small Business Administration SA 3077. Mr. DODD (for Mr. NICKLES cal years 2002 through 2006. shall submit regular reports to the Com- (for himself and Mr. INHOFE)) proposed SEC. 9. EMERGENCY EQUITABLE RELIEF FOR mittee on Small Business and Entrepreneur- an amendment to the bill S. 1321, to au- FEDERAL CONTRACTORS. ship of the Senate and the Committee on thorize the construction of a Native (a) GUIDANCE REQUIRED.— Small Business of the House of Representa- American Cultural Center and Museum (1) IN GENERAL.—Under guidance issued by tives regarding the implementation of this in Oklahoma City, Oklahoma; as fol- the Administrator for Federal Procurement Act and the amendments made by this Act, lows: Policy in conjunction with the Adminis- including program delivery, staffing, and ad- Strike all after the enacting clause and in- trator of the Small Business Administration, ministrative expenses related to such imple- sert in lieu thereof the following: the head of a contracting agency of the mentation. SECTION 1. OKLAHOMA NATIVE AMERICAN CUL- United States may increase the price of a (b) FREQUENCY OF REPORTS.—The reports TURAL CENTER AND MUSEUM. prime contract entered into by the agency required by subsection (a) shall be submitted (a) FINDINGS.—Congress makes the fol- prior to September 11, 2001 with a small busi- 20 days after the date of enactment of this lowing findings: ness concern (as defined in section 3 of the Act and monthly thereafter until 1 year (1) In order to promote better under- Small Business Act) to the extent deter- after the date of enactment of this Act, at standing between Indian and non-Indian citi- mined equitable under this section on the which time the reports shall be submitted on zens of the United States, and in light of the basis of loss resulting from security meas- a quarterly basis through December 31, 2003. Federal Government’s continuing trust re- ures taken by the Federal Government at SEC. 11. EXPEDITED ISSUANCE OF IMPLE- sponsibilities to Indian tribes, it is appro- Federal facilities as a result of the terrorist MENTING GUIDELINES. priate, desirable, and a proper function of attacks on September 11, 2001. Not later than 20 days after the date of en- the Federal Government to provide grants (2) EXPEDITED ISSUANCE.—Guidance re- actment of this Act, the Administrator of for the development of a museum designated quired by paragraph (1) shall be issued under the Small Business Administration shall to display the heritage and culture of Indian expedited procedures, not later than 45 days issue interim final rules and guidelines to tribes. after the date of enactment of this Act. implement this Act and the amendments (2) In recognition of the unique status and (b) EXPEDITED PROCEDURES.— made by this Act. history of Indian tribes in the State of Okla- (1) IN GENERAL.— The Administrator for SEC. 12. SPECIAL AUTHORIZATIONS OF APPRO- homa and the role of the Federal Govern- Federal Procurement Policy shall prescribe PRIATIONS. ment in such history, it is appropriate and expedited procedures for considering whether Section 20 of the Small Business Act (15 proper for the museum referred to in para- to grant an equitable adjustment in the case U.S.C. 631 note) is amended by adding at the graph (1) to be located in the State of Okla- of a contract of an agency under subsection end the following: homa. (a). ‘‘(j) SPECIAL AUTHORIZATIONS OF APPRO- (b) GRANT.— (2) REQUIREMENTS.—The procedures re- PRIATIONS FOLLOWING TERRORIST ATTACKS.— (1) IN GENERAL.—The Director shall offer to quired by paragraph (1) shall provide for— In addition to any other amounts authorized award financial assistance equaling not more March 22, 2002 CONGRESSIONAL RECORD — SENATE S2335 than $33,000,000 and technical assistance to Mr. DODD. Mr. President, I ask unan- be confirmed, the motion to reconsider the Authority to be used for the development imous consent that the Finance Com- be laid on the table; that any state- and construction of a Native American Cul- mittee be discharged from further con- ments thereon be printed in the tural Center and Museum in Oklahoma City, sideration of the nomination of Randal RECORD, the President be immediately Oklahoma. (2) AGREEMENT.—To be eligible to receive a Quarles, to be Deputy Under Secretary notified of the Senate’s action; and the grant under paragraph (1), the appropriate of Treasury, and that the nomination Senate return to legislative session, all official of the Authority shall— also be confirmed. without any intervening action or de- (A) enter into a grant agreement with the The PRESIDING OFFICER. Without bate. Director which shall specify the duties of the objection, it is so ordered. The PRESIDING OFFICER. Without Authority under this section, including pro- The nomination was considered and objection, it is so ordered. visions for continual maintenance of the confirmed as follows: The nomination was considered and Center by the Authority without the use of confirmed as follows: Federal funds; and DEPARTMENT OF THE TREASURY (B) demonstrate, to the satisfaction of the Randal Quarles, of Utah, to be a Deputy DEPARTMENT OF LABOR Director, that the Authority has raised, or Under Secretary of the Treasury. Victoria A. Lipnic, of Virginia, to be an has commitments from private persons or f Assistant Secretary of Labor. State or local government agencies for, an f amount that is equal to not less than 66 per- EXECUTIVE CALENDAR cent of the cost to the Authority of the ac- Mr. DODD. Mr. President, I further LEGISLATIVE SESSION tivities to be carried out under the grant. ask unanimous consent that the Sen- The PRESIDING OFFICER. The Sen- (3) LIMITATION.—The amount of any grant ate proceed to the consideration of ate will now return to legislative ses- awarded under paragraph (1) shall not exceed nominations numbered 658, 663, 664, 669, sion. 33 percent of the cost of the activities to be funded under the grant. 737 through 757; that they be con- f (4) IN-KIND CONTRIBUTION.—When calcu- firmed, that all above motions to re- AMERICAN SMALL BUSINESS lating the cost share of the Authority under consider be laid on the table, any state- EMERGENCY RELIEF ACT OF 2001 this Act, the Director shall reduce such cost ments thereon be printed in the share obligation by the fair market value of RECORD, and the President be imme- Mr. DODD. Mr. President, I ask unan- the approximately 300 acres of land donated diately notified of the Senate’s action. imous consent that the Senate proceed by Oklahoma City for the Center, if such The PRESIDING OFFICER. Without to the immediate consideration of Cal- land is used for the Center. objection, it is so ordered. endar No. 186, S. 1499. (c) DEFINITIONS.—For the purposes of this The PRESIDING OFFICER. The Act: The nominations were considered and confirmed as follows: clerk will report the bill by title. (1) AUTHORITY.—The term ‘‘Authority’’ The legislative clerk read as follows: means the Native American Cultural and DEPARTMENT OF THE TREASURY Educational Authority of Oklahoma, and A bill (S. 1499) to provide assistance Kenneth Lawson, of Florida, to be an As- to small business concerns adversely agency of the State of Oklahoma. sistant Secretary of the Treasury. (2) CENTER.—The term ‘‘Center’’ means the impacted by the terrorist attacks per- Native American Cultural Center and Mu- DEPARTMENT OF HOUSING AND URBAN petrated against the United States on seum authorized pursuant to this section. DEVELOPMENT September 11, 2001, and for other pur- (3) DIRECTOR.—The term ‘‘Director’’ means Vickers B. Meadows, of Virginia, to be an poses. the Director of the Institute of Museum and Assistant Secretary of Housing and Urban Development. There being no objection, the Senate Library Services. proceeded to consider the bill. (d) AUTHORIZATION OF APPROPRIATIONS.— Diane Leneghan Tomb, of Virginia, to be There are authorized to be appropriated to an Assistant Secretary of Housing and Urban AMENDMENT NO. 3076 the Director to grant assistance under sub- Development. Mr. DODD. Mr. President, I under- section (b)(1), $8,250,000 for each of fiscal DEPARTMENT OF HOUSING AND URBAN stand Senators KERRY and BOND have a years 2003 through 2006. DEVELOPMENT substitute amendment at the desk. I f Kenneth M. Donohue, Sr., of Virginia, to ask unanimous consent that the Sen- be Inspector General, Department of Housing ate proceed to its immediate consider- PRIVILEGE OF THE FLOOR and Urban Development. ation, that the amendment be agreed Mr. DORGAN. Mr. President, I ask NATIONAL CREDIT UNION ADMINISTRATION to, and that the motion to reconsider unanimous consent that a fellow from JoAnn Johnson, of Iowa, to be a Member of be laid upon the table. the Commerce Department, Gabriel the National Credit Union Administration The PRESIDING OFFICER. Without Adler, be given floor privileges for the Board for a term expiring August 2, 2007. objection, it is so ordered. remainder of this session of Congress. Deborah Matz, of New York, to be a Mem- The amendment (No. 3076) was agreed The ACTING PRESIDENT pro tem- ber of the National Credit Union Administra- to. tion Board for a term expiring August 2, 2005. pore. Without objection, it is so or- (The text of the amendment is print- dered. ENVIRONMENTAL PROTECTION AGENCY ed in today’s RECORD under ‘‘Text of J. Paul Gilman, of Virginia, to be an As- f Amendments.’’) sistant Administrator of the Environmental ∑ Mr. KERRY. Mr. President, I would EXECUTIVE SESSION Protection Agency. urge that there be no further delay, no DEPARTMENT OF COMMERCE further obstruction, and that the Sen- James R. Mahoney, of Virginia, to be As- ate act—at long last—to pass a bill NOMINATIONS DISCHARGED sistant Secretary of Commerce for Oceans that is very important to so many Mr. DODD. Mr. President, I ask unan- and Atmosphere. small businesses in this country crip- imous consent that the Senate proceed DEPARTMENT OF VETERANS AFFAIRS pled by the economic fall-out of Sep- to executive session and the Agri- Daniel L. Cooper, of Pennsylvania, to be tember 11, including businesses that culture Committee be discharged from Under Secretary for Benefits of the Depart- were already struggling before Sep- further consideration of the following ment of Veterans Affairs for a term of four tember 11 during the recession and are years. nomination: Nancy Bryson, to be Gen- Robert H. Roswell, of Florida, to be Under now faced with even more difficult eral Counsel of the Department of Ag- Secretary for Health of the Department of prospects. riculture, and that the nomination be Veterans Affairs for a term of four years. For months, tens of thousands of confirmed. f small businesses have been asking for The PRESIDING OFFICER. Without help—an immediate helping hand—just objection, it is so ordered. NOMINATION DISCHARGED to keep their businesses going—par- The nomination was considered and Mr. DODD. Mr. President, I ask unan- ticularly working capital to meet pay- confirmed as follows: imous consent that the HELP Com- roll and pay the bills—but they have DEPARTMENT OF AGRICULTURE mittee be discharged from further con- been forced to make ends meet by Nancy Southard Bryson, of the District of sideration of the following nomination: using credit cards and depleting per- Columbia, to be General Counsel of the De- Victoria Lipnic, to be Assistant Sec- sonal savings because small businesses partment of Agriculture. retary of Labor; that the nomination doesn’t have the same access as big S2336 CONGRESSIONAL RECORD — SENATE March 22, 2002 business—to credit or otherwise. Left just seven weeks, since the loans were The overall purpose of this emer- in the lurch by congressional inaction made available, nearly $38 million has gency legislation is to provide access and delay, these businesses and their been loaned to 129 small businesses. It to the full complement of SBA loans employees paid the price. reminds us that being able to go sit in and business counseling in order to Now it is time that the Senate deliv- the office of a lender in the same town help small businesses hurt by the ter- ers the relief the vast majority of us is far more efficient and effective than rorist attacks of September 11th and were prepared to deliver in the first requiring a small business in West Vir- their aftermath. weeks after September 11, urgent relief ginia or Puerto Rico to call a 1–800 This legislation will help mitigate delayed by partisan gamesmanship. number in Niagara Falls for emergency bankruptcies, business closures, and My American Small Business Emer- assistance. lay-offs and address the shrinking gency Relief and Recovery Act has got- One needs only to look at the record availability of credit. However, small ten a lot of attention over the past 5 by comparison for economic injury dis- businesses doing business with the Fed- months. It has been blocked from even aster loans outside New York and Vir- eral Government have also felt the im- a meaningful debate on the Senate ginia to see the need for these STAR pact of the terrorist attacks. floor. What makes this week different? loans. After 22 weeks (nearly 6 Small business contractors, because What makes it different is that we months), only 2,600 loans have been ap- of very real and legitimate security have reached final agreement with the proved, adding up to a denial rate of al- concerns, have experienced a dramatic White House on a compromise, thanks most 50 percent . That doesn’t even in- increase in costs for work in and to our last resort—hardball tactics of clude the small businesses that were around Federal Government facilities. our own—and the bill has at long last turned away before they even filled out We have heard reports of small busi- been cleared to pass the Senate by an application because of outdated size nesses being denied access to their unanimous consent. standards. That has left a lot of small equipment on military bases, waiting I thank the 63 cosponsors of this bill. businesses across this country without for hours each day to enter government I thank the numerous small businesses assistance. A lot of small business own- facilities and being limited in the and small business advocates who have ers turning are in their keys to the hours they can work on their projects. worked so hard and used so much of bank. As one small business advocate Let me cite the situation faced by their limited resources to free this bill said today, in reference to the thou- Dave Krueger, President of AS Horner for passage. This diverse coalition of sands of tour bus companies that went Construction, Inc. out of Albuquerque, business leaders and Democratic and out of business, ‘‘I understand the NM. Dave was currently doing work on Republican policy makers have stood banks now own a wonderful fleet of a Federal contract at an Air Force fa- by us from day one—their support tour buses.’’ cility pouring concrete parking aprons. Well, for those small tour bus owners should have been enough to guarantee Immediately after the attack, his com- who have been waiting for this bill to passage way back then, but it wasn’t pany was locked out of the facility for enough to stop some from playing par- pass and still need a working capital loan to ramp back up in the upcoming nearly 2 weeks and currently has lim- tisan games with even bipartisan legis- tour season, the compromise preserves ited hours to access the construction lation. Now, at long last, the good faith the refinancing of business debt under site. Dave estimates that this will re- efforts of our supporters are being re- a disaster loan. They need this so that sult in cost increases of at least 10 per- warded. they can restructure debt to survive cent, meaning he will take a loss on It is my hope that having worked out this business slump. We fought very this contract. our differences with the White House, hard to keep this assistance in the bill. Such situations cannot go unre- we have cleared the way for passage For the owners of travel agencies— solved. Small businesses are far too im- not just through the Senate but also the majority of which are small busi- portant, not just to our national econ- through the House. Once this help is nesses—we have increased the size omy, but to our national defense as enacted, small businesses will finally standards for your industry so that well. Small business is a vital compo- be able to receive desperately needed more of your companies qualify for dis- nent of our national supply chain and economic relief. aster loans and 7(a) emergency loans. essential to our national security in- I am pleased with the compromise. It Please spread the word to travel agen- terests. To address this, S. 1499 estab- preserves provisions that are really im- cies that were turned away earlier in lishes an expedited procedure whereby portant for those small businesses that the year because they were considered Federal small business contractors can have needed help over the past few too large. They might need working apply for an equitable adjustment to months but fell through the cracks in capital more than ever now that the their contract if costs have been in- SBA’s disaster loan program, or fell airlines have completely eliminated curred due to security or other meas- through the cracks in the private sec- commissions. ures resulting from the terrorist at- tor where lenders have cut back on For small businesses that need access tacks. In the interest of compromise, loans to small businesses over the past to credit and can’t get it because of the Senator BOND and I agreed to reduce year. credit crunch, Senator BOND and I were the funding available for these provi- It simply was not enough, not effi- able make SBA’s programs more af- sions from $100 million to $50 million. cient, and not cost-effective to use only fordable by reducing the fees borrowers The Kerry-Bond approach has always one of SBA’s many lending programs to pay through September 2004. In both been cost-effective—about five times serve all the small businesses through- the Senate and the House, we have had cheaper than the administration’s ap- out this country that were hurt by the hearing after hearing trying to get proach. CBO estimated that providing terrorist attacks or that have been fairer fees for the borrowers who need this assistance to small businesses struggling with the credit crunch. All capital and the lenders who make would cost $860 million. The final com- of the SBA’s tools should be used to loans, but until now we haven’t gotten promise, based on CBO’s estimates, is help the affected small businesses, and any cooperation. This bill will make a down from $860 million to $300 million. this bill does just that. Because this difference. Whether you need working This is a good compromise. It will bill was blocked from consideration, capital through SBA’s 7(a) loan pro- help small businesses in every State. It Senator BOND and I were forced to gram or credit to buy a building or is a reasonable approach that maxi- enact some of these provisions through equipment through SBA’s 504 loan pro- mizes existing resources and private a defense bill. I very much thank Sen- gram, it will now be less expensive. sector help. I strongly and respectfully ators BYRD and HOLLINGS for including Stimulating lending and borrowing is urge my colleagues to let this legisla- them. Specifically, we made it possible good for the economy because it cre- tion pass. Small businesses in your for small businesses to get working ates jobs and saves jobs. By law, small State will thank you. capital loans through the SBA’s 7(a) businesses that borrower money I ask that a list of supporters of S. loan program. SBA is calling these through the SBA 504 loan program 1499 be printed in the RECORD. ‘‘STAR loans,’’ and compared to the have to hire or retain on employee for The list follows: economic injury disaster loans, bor- each $35,000 borrowed. This is a win-win S. 1499 Supporters: Airport Ground Trans- rowers are accessing capital faster. In situation for our economy. portation Association; American Bus Asso- March 22, 2002 CONGRESSIONAL RECORD — SENATE S2337 ciation; American Subcontractors Associa- struggle under the dual pressures from throughout the United States that tion; Associated General Contractors of the economy and the aftermath of the were shut down for national security America; Association of Women’s Business terrorist attacks. concerns and continue to struggle to Centers; CDC Small Business Finance; Chi- As the ranking member of the Com- regain lost customers. cago Association of Neighborhood Develop- ment Organizations; Citizens Financial mittee on Small Business and Entre- Small enterprises located in the Group, RI; Clovis Community Bank, CA; preneurship, I have received pleas for Presidentially declared disaster areas Coastal Enterprises, ME; County of San help from small business in Missouri surrounding the World Trade Center Diego; Delaware Community Reinvestment and across the nation: small res- and the Pentagon are not the only Act Council; Fairness in Rural Lending; taurants that have lost much of their businesses experiencing extreme hard- Florida Atlantic University Small Business business due to the fall off in business ship as a direct result of the terrorist Development Center; Helicopter Association; travel; local flight schools that have HUBZone Contractors National Council; Na- attacks of September 11. Nationwide, tional Association of Government Guaran- been grounded as a result of the recent thousands of small businesses are un- teed Lenders; National Community Reinvest- terrorist attacks; and Main Street re- able to conduct business or are oper- ment Coalition; National League of Cities; tailers who are struggling to survive. ating at a bare-minimum level. Tens of National Limousine Association; National The American Small Business Emer- thousands of jobs are at risk of being Restaurant Association; National Small gency Relief and Recovery Act con- lost as small businesses weather the Business United; National Tour Association; tains sound initiatives to help our na- fall out from the September 11 attacks. New Jersey Citizen Action; Rural Housing tion’s small businesses and their em- Institute; Rural Opportunities; Self Help Regular small business disaster loans ployees. We in Congress must act and Credit Union; Small Business Legislative fall short of providing effective dis- Council; U.S. Conference of Mayors; United act soon to help our Nation’s small aster relief to help these small busi- Motorcoach Association; United States Air businesses. nesses. The Emergency Disaster Sup- Tour Association; United States Chamber of In response to the urgent calls for plemental included a provision from S. Commerce; United States Tour Operator As- strong and effective Federal Govern- 1499 as introduced that allows small sociation; Women’s Business Development ment action to reverse the decline in businesses to defer for up to 2 years re- Center.∑ the economy and stimulate a business payment of principal and interest on ∑ Mr. BOND. Mr. President, I urge my rebound, last October I introduced the their SBA disaster relief loans. Interest colleagues in the Senate to vote in Small Business Leads to Economic Re- that would otherwise accrue during the favor of S. 1499, the American Small covery Act of 2001, S. 1493, which was deferment period would be forgiven. Business Emergency Relief and Recov- designed to provide effective economic The thrust of this essential ingredient ery Act. I thank my colleague from stimulus in three distinct but com- is to allow the small businesses to get Massachusetts, Senator KERRY, for in- plementary ways: increasing access to back on their feet without jeopardizing troducing the bill, and I am pleased to capital for the nation’s small enter- their credit or driving them into bank- be its principal cosponsor. Since S. 1499 prises; providing tax relief and invest- ruptcy. The managers’ substitute was introduced on October 4, 2001, 62 of ment incentives for our small firms amendment restates this key provi- our Senate colleagues have joined us as and the self-employed; and directing sion. cosponsors. one of the Nation’s largest consumers— The managers’ substitute amend- The measure before the Senate today the Federal Government—to shop with ment also retains the provision permit- is a comprehensive managers’ sub- small business in America. ting small businesses located in the stitute amendment to S. 1499, which in- Historically, when our economy Presidentially declared disaster areas corporates significant changes that slows or turns into a recession, the and those small businesses directly af- have been agreed to following lengthy strength of the small business sector fected by the terrorist attack to refi- negotiations with the staffs from the helps to right our economic ship, with nance existing business debt. Repay- White House and the Office of Manage- small businesses leading the Nation to ment of principal shall be deferred for ment and Budget, OMB. In particular, I economic recovery. Small businesses disaster loans to refinance existing thank Andy Card, the President’s Chief employ over one-half of the U.S. work- business debt, however, interest would of Staff, Dr. Lawrence Lindsey, Direc- force and create 75 percent of the net accrue during the deferment period. tor of the National Economic Advisors, new jobs. Clearly, we cannot afford to and Steve McMillin, Assistant Director ignore America’s small businesses as S. 1499 would provide a special finan- at OMB, for their personal involvement we consider measures to stimulate our cial tool to assist small businesses as in the negotiations. economy. they deal with these significant busi- The managers’ substitute amend- S. 1499 goes to the heart of a major ness disruption. Small businesses in ment modifies S. 1499 to recognize problem confronting thousands of need of working capital would be able changes in the disaster relief and credit small businesses today by taking on to obtain SBA-guaranteed ‘‘Emergency programs at the Small Business Ad- access to capital barriers. This bill is a Relief Loans’’ from their banks to help ministration, SBA, that were enacted bipartisan collaboration between Sen- them during this period. Fees normally on January 10, 2002, in section 203 of ator KERRY, and me and our staffs of paid by the borrower to the SBA would the Department of Defense and Emer- the Committee on Small Business and be eliminated, and the SBA would gency Supplemental Appropriations for Entrepreneurship. We have worked to- guarantee 85 percent of the loan. A key Recovery from and Response to Terror- gether to devise one-time modifica- feature of the bill is the authorization ists Attacks on the United States, P.L. tions to the SBA Disaster Relief, 7(a) for banks to defer repayment of prin- 107–117 Emergency Disaster Supple- and 504 Loan Programs because the cipal for up to one year. This section mental. traditional approach to disaster relief would remain in effect for 9 months Enactment of S. 1499, as amended, will not address the critical needs of after the date of enactment of the act. will insure that valuable credit and thousands of small businesses located My colleagues and I have heard from management assistance will flow to at or around the World Trade Center, thousands of small businesses since the small businesses that were harmed by the Pentagon and in strategic locations terrorist attacks that small businesses the September 11 terrorist attacks on throughout the United States. are experiencing significant hardship. the World Trade Centers and the Pen- In New York City, it could be a year The downturn in business activity, tagon. It is my understanding the and more before many of the small however, was clearly underway prior to House of Representatives is prepared to businesses destroyed or shut down by September 11. The downturn was fur- act quickly on the bill soon after the 2- the terrorist attacks can reopen their ther exacerbated by the terrorist at- week recess, so that it can be sent to doors for business. Small firms near tacks. President Bush for his signature in the the Pentagon, such as those at the S. 1499 would provide for changes in near future. Fast action by Congress is Reagan National Airport or Crystal the SBA 7(a) Guaranteed Business critical. Small businesses from across City, VA, are also shut down or strug- Loan Program and the 504 Certified De- the United States are continuing to gling. And there are small businesses velopment Company Loan Program to S2338 CONGRESSIONAL RECORD — SENATE March 22, 2002 stimulate lending to small businesses ministered by the Department of the homa and the role of the Federal Govern- that are most likely to grow and add Treasury. The Office of Federal Pro- ment in such history, it is appropriate and new employees. The managers’ sub- curement Policy would establish guide- proper for the museum referred to in para- stitute amendment incorporates the lines for administering the program, graph (1) to be located in the State of Okla- homa. provision from the emergency supple- and the contracting agencies would (b) GRANT.— mental that reduces the annual fee consult with the SBA when deter- (1) IN GENERAL.—The Director shall offer to paid by lenders from 50 basis points, mining whether an award should be award financial assistance equaling not more 0.50 percent, to 25 basis points, 0.25 per- made. than $33,000,000 and technical assistance to cent. In addition, the up front origina- The American Small Businesses the Authority to be used for the development tion fee paid by small business bor- Emergency Relief and Recovery Act is and construction of a Native American Cul- rowers would be reduced. These en- important legislation that is needed to tural Center and Museum in Oklahoma City, hancements to the SBA’s 7(a) program, help the many struggling small busi- Oklahoma. (2) AGREEMENT.—To be eligible to receive a and comparable reductions in 504 loan nesses. Swift passage will be very help- grant under paragraph (1), the appropriate program fees, are to continue through ful to the long-term survival of many official of the Authority shall— September 30, 2004. They are designed of American’s small businesses, and I (A) enter into a grant agreement with the to make the programs operate more ef- urge each of my colleagues to vote in Director which shall specify the duties of the fectively and efficiently during the pe- favor of the bill.∑ Authority under this section, including pro- riod when the economy is weak and Mr. DODD. Mr. President, I ask unan- visions for continual maintenance of the banks have tightened their under- imous consent that the bill, as amend- Center by the Authority without the use of writing requirements for small busi- ed, be read the third time and passed; Federal funds; and (B) demonstrate, to the satisfaction of the ness loans. that the motion to reconsider be laid Director, that the Authority has raised, or Specifically, when the economy is upon the table, with no intervening ac- has commitments from private persons or slowing, it is normal for banks to raise tion or debate; and that any state- State or local government agencies for, an the bar for obtaining commercial ments relating to the bill be printed in amount that is equal to not less than 66 per- loans. However, making it harder for the RECORD. cent of the cost to the Authority of the ac- small businesses to survive is the The PRESIDING OFFICER. Without tivities to be carried out under the grant. wrong reaction to a slowing economy. objection, it is so ordered. (3) LIMITATION.—The amount of any grant By making these adjustments to the The bill (S. 1499), as amended, was awarded under paragraph (1) shall not exceed 7(a) and 504 loans to make them more 33 percent of the cost of the activities to be read the third time and passed. funded under the grant. affordable to borrowers and lenders, we f (4) IN-KIND CONTRIBUTION.—When calcu- will be working against history’s rules AUTHORIZING CONSTRUCTION OF lating the cost share of the Authority under governing a slowing economy, thereby this Act, the Director shall reduce such cost adding a stimulus for small businesses. NATIVE AMERICAN CULTURAL share obligation by the fair market value of Essentially, we will be providing a CENTER AND MUSEUM the approximately 300 acres of land donated counter-cyclical action in the face of a Mr. DODD. Mr. President, I ask unan- by Oklahoma City for the Center, if such slow economy with the express purpose imous consent that the Indian Affairs land is used for the Center. of accelerating the recovery. Committee be discharged from further (c) DEFINITIONS.—For the purposes of this Act: The SBA has a very effective infra- consideration of S. 1321 and the Senate (1) AUTHORITY.—The term ‘‘Authority’’ structure for providing management then proceed to its immediate consid- means the Native American Cultural and assistance to small businesses located eration. Educational Authority of Oklahoma, and nationwide. The Small Business Devel- The PRESIDING OFFICER. Without agency of the State of Oklahoma. opment Center, SBDC, SCORE, Wom- objection, it is so ordered. The clerk (2) CENTER.—The term ‘‘Center’’ means the en’s Business Center and Microloan will report the bill by title. Native American Cultural Center and Mu- programs provide much needed coun- The legislative clerk read as follows: seum authorized pursuant to this section. (3) DIRECTOR.—The term ‘‘Director’’ means seling to small businesses that are A bill (S. 1321) to authorize the construc- the Director of the Institute of Museum and struggling or facing problems in their tion of a Native American Cultural Center Library Services. and Museum in Oklahoma City, Oklahoma. start-up phase. With the U.S. economy (d) AUTHORIZATION OF APPROPRIATIONS.— under unusual stress, many segments There being no objection, the Senate There are authorized to be appropriated to of the small business community are proceeded to consider the bill. the Director to grant assistance under sub- today unable to cope with daily man- AMENDMENT NO. 3077 section (b)(1), $8,250,000 for each of fiscal agement issues. Mr. DODD. Mr. President, Senator years 2003 through 2006. S. 1499 would authorize expansions in NICKLES has an amendment at the Mr. DODD. Mr. President, I ask unan- these programs so that the SBDCs, the desk, and I ask for its consideration. imous consent that the amendment be SCORe chapters and the Women’s Busi- The PRESIDING OFFICER. The agreed to; that the bill, as amended, be ness Centers are positioned to address clerk will report. read a third time and passed; that the the needs of a large influx of small The legislative clerk read as follows: motion to reconsider be laid upon the businesses looking for help. Our bill table; and that any statements relating The Senator from Connecticut [Mr. DODD], would create special authorization for for Mr. NICKLES, for himself and Mr. INHOFE, to the bill be printed in the RECORD. each program to provide assistance tai- proposes an amendment numbered 3077. The PRESIDING OFFICER. Without lored to the needs of small businesses The amendment is as follows: objection, it is so ordered. following the September 11 terrorist The amendment (No. 3077) was agreed (Purpose: In the nature of a substitute) attacks. In addition, the bill would in- to. crease the authorization levels by the Strike all after the enacting clause and in- The bill (S. 1321), as amended, was sert in lieu thereof the following: following amounts: SBDC program, $25 read the third time and passed. million, SCORE $2 million, Women’s SECTION 1. OKLAHOMA NATIVE AMERICAN CUL- TURAL CENTER AND MUSEUM. f Business Centers $2 million, and (a) FINDINGS.—Congress makes the fol- Microloan technical assistance, $5 mil- EXPRESSING SENSE OF CONGRESS lowing findings: REGARDING BUREAU OF THE lion. (1) In order to promote better under- For small businesses that are doing standing between Indian and non-Indian citi- CENSUS ON THE 100TH ANNIVER- business with the Federal Government zens of the United States, and in light of the SARY OF ITS ESTABLISHMENT section 9 of the managers’ substitute Federal Government’s continuing trust re- Mr. DODD. Mr. President, I ask unan- amendment to S. 1499 would authorize sponsibilities to Indian tribes, it is appro- imous consent that the Senate proceed a fund of $50 million to compensate priate, desirable, and a proper function of to the consideration of Calendar No. small businesses when Federal action the Federal Government to provide grants 333, H. Con. Res. 339. for the development of a museum designated as the result of the terrorist attacks, to display the heritage and culture of Indian The PRESIDING OFFICER. The has caused the costs to increase for tribes. clerk will report the concurrent resolu- small businesses to meet the terms of (2) In recognition of the unique status and tion by title. their contracts. The fund would be ad- history of Indian tribes in the State of Okla- The legislative clerk read as follows: March 22, 2002 CONGRESSIONAL RECORD — SENATE S2339 A concurrent resolution (H. Con. Res. 339) RECOGNIZING SOCIAL PROBLEM A concurrent resolution (H. Con. Res. 361) expressing the sense of the Congress regard- OF CHILD ABUSE AND NEGLECT directing the clerk of the House of Rep- ing the Bureau of the Census on the 100th an- resentatives to make corrections in the en- niversary of its establishment. Mr. DODD. Mr. President, I ask unan- rollment of the bill, H.R. 2356. There being no objection, the Senate imous consent that the Judiciary Com- There being no objection, the Senate proceeded to consider the concurrent mittee be discharged from further con- proceeded to consider the concurrent resolution. sideration of S. Res. 132, and the Sen- resolution. ate proceed to its immediate consider- Mr. DODD. Mr. President, I ask unan- ∑ Mr. MCCONNELL. Mr. President, I imous consent that the concurrent res- ation. am in support of the unanimous con- olution and preamble be agreed to, en The PRESIDING OFFICER. Without sent for the adoption of H. Con. Res. 361 bloc, and that the motion to reconsider objection, it is so ordered. The clerk making technical corrections to H.R. be laid upon the table, without inter- will report the resolution by title. 2356 passed by the Senate yesterday. The legislative clerk read as follows: vening action or debate. Several weeks ago, I met with Sen- A resolution (S. Res. 132) recognizing the The PRESIDING OFFICER. Without ator MCCAIN to discuss a list of 12 tech- social problem of child abuse and neglect, objection, it is so ordered. nical corrections to H.R. 2356. Of those The concurrent resolution (H. Con. and supporting efforts to enhance public awareness of it. 12 items, we were able to come to an Res. 339) was agreed to. agreement in principle on 6. After There being no objection, the Senate The preamble was agreed to. weeks of negotiations between my proceeded to consider the resolution. f Mr. DODD. Mr. President, I ask unan- staff, and the staffs of Senator MCCAIN and Senator FEINGOLD, we have before MAJOR LYN MCINTOSH POST OF- imous consent that the resolution and FICE BUILDING, FRANK SINATRA the preamble be agreed to; that the us today the fruit of our labor. I thank POST OFFICE BUILDING, TOM motion to reconsider be laid upon the them and their staff, specifically BLILEY POST OFFICE BUILDING, table; and that any statements relating Jeanne Bumpus and Bob Schiff, for their hard work and persistence in HERBERT H. BATEMAN POST OF- thereto be printed in the RECORD. FICE BUILDING, BOB DAVIS POST The resolution (S. Res. 132) was making these minor corrections. OFFICE BUILDING, FRANCIS agreed to. The items contained in this concur- BARDANOUVE POST OFFICE The preamble was agreed to. rent resolution are a compilation of BUILDING, NORMAN SISISKY The resolution, with its preamble, technical corrections sought by me, POST OFFICE BUILDING, VERNON reads as follows: and corrections sought by the Senators from Arizona and Wisconsin. In fact, TARLTON POST OFFICE BUILD- S. RES. 132 ING, RAYMOND M. DOWNEY POST the independent expenditure reporting Whereas more than 3,000,000 American chil- correction was raised by FEC Commis- OFFICE BUILDING dren are reported as suspected victims of child abuse and neglect annually; sioners Brad Smith and Dave Mason Mr. DODD. Mr. President, I ask unan- and advanced by the staff of my col- imous consent that the Senate proceed Whereas more than 500,000 American chil- dren are unable to live safely with their fam- leagues from Arizona and Wisconsin. I en bloc to the immediate consideration ilies and are placed in foster homes and in- applaud my colleagues for addressing of Calendar No. 305, H.R. 1432; Calendar stitutions; this technical issue and will ask con- No. 332, S. 1222; Calendar No. 334, H.R. Whereas it is estimated that more than sent that a letter from Commissioners 1748; Calendar No. 335, H.R. 1749; Cal- 1,000 children, 78 percent under the age of 5 Mason and Smith outlining technical endar No. 336, H.R. 2577; Calendar No. and 38 percent under the age of 1, lose their issues with H.R. 2356 for the Senate to 337, H.R. 2876; Calendar No. 338, H.R. lives as a direct result of abuse and neglect every year in America; consider be included in the RECORD. 2910; Calendar No. 339, H.R. 3072; Cal- Similarly, the correction to the cita- endar No. 340, H.R. 3379. Whereas this tragic social problem results in human and economic costs due to its rela- tion to the Immigration and National- The PRESIDING OFFICER. Without tionship to crime and delinquency, drug and ization Act was raised by the FEC. objection, it is so ordered. The Senate alcohol abuse, domestic violence, and wel- Shays-Meehan inadvertently cited the will proceed en bloc. fare dependency; and definition of ‘‘advocates’’ rather than Mr. DODD. Mr. President, I ask unan- Whereas Childhelp USA has initiated a ‘‘lawfully admitted for permanent resi- imous consent that the bills be read a ‘‘Day of Hope’’ to be observed on Wednesday, dence.’’ third time en bloc; that the motions to April 3, 2002, during Child Abuse Prevention Month, to focus public awareness on this so- These technical corrections clarify reconsider be laid upon the table en some other important points: Respect- bloc; that the consideration of these cial ill: Now, therefore, be it Resolved, That— ing the primacy of State law in financ- items appear separately in the RECORD, (1) it is the sense of the Senate that— ing State and local party buildings; without intervening action or debate; (A) all Americans should keep these vic- continuing to allow members to trans- that any statements relating thereto timized children in their thoughts and pray- fer excess campaign funds to party be printed in the RECORD. ers; committees without limit; ensuring The PRESIDING OFFICER. Without (B) all Americans should seek to break this that we do not change the rules for 2002 objection, it is so ordered. cycle of abuse and neglect and to give these candidates engaged in a run-off, re- The bills (H.R. 1432, H.R. 1748, H.R. children hope for the future; and count, or election contest; providing 1749, H.R. 2577, H.R. 2876, H.R. 2910, H.R. (C) the faith community, nonprofit organi- for direct member challenges to the 3072, H.R. 3379) were read the third time zations, and volunteers across America should recommit themselves and mobilize constitutionality of H.R. 2356; and pro- and passed. their resources to assist these children; and viding a sunset provision for expedited The bill (S. 1222) was read the third (2) the Senate— time and passed, as follows: review in the D.C. court so that plain- (A) supports the goals and ideas of the tiffs who live on the west coast do not S. 1222 ‘‘Day of Hope’’; and forevermore have to come to Wash- (B) commends Childhelp USA for its efforts Be it enacted by the Senate and House of Rep- ington, DC, to challenge provisions of resentatives of the United States of America in on behalf of abused and neglected children Congress assembled, everywhere. the act. However, I remain strongly opposed SECTION 1. DESIGNATION OF FRANK SINATRA f POST OFFICE BUILDING. to the underlying H.R. 2356 and believe The facility of the United States Postal CORRECTIONS IN ENROLLMENT OF its disparate treatment of individuals, Service located at 89 River Street in Hobo- H.R. 2356 parties, groups, corporations, and labor ken, New Jersey, shall be known and des- Mr. DODD. Mr. President, I ask unan- unions runs afoul of our fundamental ignated as the ‘‘Frank Sinatra Post Office imous consent that the Senate turn to constitutional rights. By singling out Building’’. the immediate consideration of H. Con. national party committees and chilling SEC. 2. REFERENCES. their speech at the State and local Any reference in a law, map, regulation, Res. 361. document, paper, or other record of the The PRESIDING OFFICER. The level, this legislation ensures the end United States to the facility referred to in clerk will report the resolution by of ‘‘national’’ party committees and section 1 shall be deemed to be a reference to title. the beginning of ‘‘federal’’ party com- the Frank Sinatra Post Office Building. The legislative clerk read as follows: mittees. Further, the broadcast gag S2340 CONGRESSIONAL RECORD — SENATE March 22, 2002 provisions in the bill are not only un- to election to Federal office.’’ This provision Section 303 of H.R. 2356 helpfully strengthens precedented in scope, but haphazard in prohibits states from imposing reporting re- the ‘‘foreign money ban.’’ It appears that applicability. I will ask consent that 5 quirements additional to those of the FECA. Congress intends to hold foreign nationals Section 103 of H.R. 2356 requires state and strictly liable for violations of this provi- additional items be included in the local parties to disclose to the FEC non-Fed- sion. However, the provision also prohibits RECORD which highlight the egregious eral amounts expended for a share of ‘‘Fed- ‘‘solicitation, acceptance or receipt’’ of funds constitutional and practical problems eral Election Activity.’’ Thus, these funds from a foreign national, read most naturally with this legislation. reported to the FEC as ‘‘Federal Election Ac- to apply even when the solicitor is unaware Again I thank Senator MCCAIN and tivity’’ would presumably be exempt from that the contributor is a foreign national. Senator FEINGOLD for their efforts on state reporting requirements. The ‘‘Levin’’ Thus, candidates signing direct mail fund- this concurrent resolution and com- funds must be ‘‘donated in accordance with raising appeals could be held in violation of this provision if the mailing list included the mend the House for their swift action state law’’ (but not ‘‘reported’’ pursuant to state law). However, if these funds are not name of a foreign national Congress should on this concurrent resolution. reported to relevant state agencies, the FEC consider instead prohibiting the ‘‘knowing I ask to have additional material will have difficulty determining whether solicitation, acceptance or receipt’’ of for- printed in the RECORD. they were ‘‘donated’’ in accordance with eign national funds. The ‘‘knowing’’ stand- The material follows. state law. Congress should clarify whether it ard is distinct from ‘‘knowing and willful,’’ FEDERAL ELECTION COMMISSION, intends to exempt non-Federal amounts thus, this change would protect genuinely Washington, DC, February 25, 2002. spent on ‘‘Federal Election Activity’’ from inadvertent solicitations while still distin- Hon. MITCH MCCONNELL, state reporting requirements, or to require guishing between simple and aggravated vio- Ranking Member, dual (Federal and state) reporting. lations. Senate Committee on Rules. 5. Does Congress intend to repeal the re- 9. Does Congress intend for the FEC to DEAR SENATOR MCCONNELL: You have quirement that Independent Expenditure re- audit all self-financing candidates and their asked for comments on provisions of H.R. ports be received (rather than ‘‘filed’’) within opponents? The ‘‘millionaire’’ amendments 2356 that appear sufficiently problematic in 24 hours? Just over a year ago Congress re- (Sec. 304 and 319 of H.R. 2356) include eight enforcement or interpretation as to require vised the FECA to require that last-minute variables (two of which will change as often legislative clarification. We urge Congress to Independent Expenditure reports be received as daily). Section 304 additionally provides consider ways to address these issues which by the Commission within 24 hours. Previous for graduated increases in contribution lim- could otherwise hinder our ability to effec- provisions required filing by mail, which its. tuate the will of the Congress or to admin- sometimes resulted in a several day delay in We are concerned that candidates who may ister the Federal Election Campaign Act. receipt of ‘‘24 hour’’ reports. Section 212 of be entitled to benefit from this provision We note that we have had only a few days H.R. 2356 would impose additional reporting will be prevented from doing so because of to review the House-passed version of H.R. requirements for Independent Expenditures. both its complexity and the lag time be- 2356, so the list below may not be exhaustive However, Section 212 appears to be based on tween personal expenditures and resulting increases in contribution limits. The com- of all desirable technical and clarifying the pre-2000 version of the FECA and thus, plexity will also make it difficult and costly changes. presumably inadvertently, would have the for the Commission to enforce, likely requir- 1. Should the Commission regulate Inter- effect of repealing the recently-imposed re- ing an audit of every campaign in which this net web pages or e-mail as ‘‘Public Commu- quirement that 24-hour reports be received provision comes into play. (The Commission nication’’? The proposed new definition of within 24 hours. Similarly, Congress should currently has resources to audit approxi- ‘‘Public Communication’’ (proposed Part 22 consider whether personal expenditure noti- mately two Senate campaigns per election of Section 301 of the FECA [2 USC 431]) in- fications under Sections 304 and 319 of H.R. cycle. At least twelve Senate campaigns cludes ‘‘any other form of general public po- 2356 must be received or merely filed within would have been affected (by triggering or litical advertising.’’ The Commission has 24 hours. (See item 6 below for additional being eligible for increased contributions) treated Internet web pages available to the comments on Sections 304 and 319) had these provisions been in effect for the public and widely-distributed e-mail as 6. Does Congress intend to repeal the re- 2000 elections.) forms of ‘‘general public political commu- quirement that reports of Independent Ex- The distinction between primary and gen- nication.’’ Thus, the new definition com- penditures in support of or opposition to eral elections could allow wealthy can- bined with the Commission’s established in- Senate candidates be filed with the Sec- didates (particularly in states with late pri- terpretation of the FECA could command retary of the Senate? Section 212 (discussed maries) to spend unlimited funds attacking a regulation of Internet and e-mail commu- above) in restating the Independent Expendi- prospective general election opponent during nications. Congress should clarify whether it ture reporting requirements also omits the the primary without triggering increased intends for the Commission to regulate pub- provision in 2 U.S.C. 434(c) providing for Sen- contributions limits. Similarly, wealthy can- licly-available web pages and widely-distrib- ate-related reports to be filed with the Sen- didates might contribute excess funds during uted e-mail as forms of ‘‘Public Communica- ate, and requires all Independent Expendi- the primary and carry them over to the gen- tion.’’ ture reports to be filed with the FEC. Con- eral election, making potentially unlimited 2. Does Congress intend to prohibit state or gress may wish to consider whether this amounts of personal funds available without local political parties from making contribu- change is intended. triggering increased contribution limits. tions to state or local PACs? Proposed new 7. Are the existing and proposed new ‘‘co- Further, the intended application of the Section 323(d) prohibits contributions by na- ordination’’ provisions intended to be read ‘‘gross receipts’’ factor (Section 316) is un- tional state or local political parties to 527 consistently? Section 202 of H.R. 2356 treats clear: Are the gross receipts figures from organizations other than political parties, an electioneering communication ‘‘coordi- June 30 and December 31 added together, or ‘‘political committees,’’ and authorized com- nated’’ with a candidate or party as a con- combined, compared or applied in some other mittees of state and local candidates. Since tribution to that candidate or party. Earlier fashion? A provision with a higher initial the term ‘‘political committee’’ as used in versions of H.R. 2356 included a definition of threshold, fewer offsetting factors, and a the FECA is limited to Federal (e.g. FECA- ‘‘coordination,’’ but that definition was de- non-graduated response (similar to the registered) political committees, Congress leted in preference to retention of the exist- House provision) might strike a better bal- may wish to clarify whether it intends to ing statutory rule addressing ‘‘cooperation, ance among the goals of aiding candidates, prohibit state and local political parties consultation or concert’’ (441a(a)(B)(i)). Con- limiting the size of contributions and reason- from making state-permissible (non-Federal) gress should harmonize the terminology be- able simplicity of application. contributions to state-registered political tween existing subparagraph (B) and pro- Finally, the provisions require candidates committees. posed new subparagraph (C) of this section, benefiting from increased contributions lim- 3. Does Congress intend to prohibit Federal lest confusion arise as to whether Congress its to return unspent funds within fifty days Officeholders from appearing at fundraising intended a common regulatory standard to of the election. However, the bill requires re- events for state an local candidates? Pro- apply. Similarly, Congress should clarify the ports on the disposal of these contributions posed new Section 323(e) prohibits raising of relationship between ‘‘expenditures’’ ad- ‘‘in the next regularly scheduled report after non-Federal funds by Federal officeholders, dressed in subparagraph (B) and ‘‘election- the date of the election.’’ For general elec- except for state or local party committees or eering communications’’ addressed in pro- tions, this date would fall only thirty days for the official’s own campaign for state or posed new subparagraph (C). We are also con- after the election, and for many primaries, local office. Congress may wish to clarify cerned that the instruction (Section 214(c) of the relevant date would be less than thirty whether it intends to allow Federal office- H.R. 2356) that a new coordination regulation days following the primary. Thus, commit- holders to appear at fundraising events for ‘‘not require agreement’’ could be read so tees would be required to report on how they authorized committees of state or local can- broadly as to encompass virtually any com- had disposed of funds before they are re- didates. munication whatsoever (even ‘’disagree- quired to dispose of them. Congress should 4. Does Congress intend to exempt non- ment’’) between candidates and persons mak- consider requiring the ‘‘disposal report’’ in a Federal amounts spend on ‘‘Federal Election ing expenditures of electioneering commu- report due sixty days or more (allowing fifty Activity’’ (‘‘Levin Amendment’’ funds) from nications. days for return of excess contributions and state reporting requirements? Section 453 of 8. Does Congress intend to punish inad- some time to complete the report) after the the FECA pre-empts state law ‘‘with respect vertent solicitations of foreign nationals? relevant election. March 22, 2002 CONGRESSIONAL RECORD — SENATE S2341 10. Does Congress intend to extend the of the 731 congressmen who held office for at the rate at which incumbents are defeated; Commission’s ‘‘allocation window’’ during least two terms during the 1975 to 1990 pe- given wealthy candidates an advantage, the soft money transition period? A floor riod. We found that retiring congressmen raised independent expenditures; increased amendment to H.R. 2356 clarified that the continued voting the same way as they did corruption of the political process; as well as national party soft money transition rule previously, even after accounting for what led to more ‘‘negative’’ campaigns. More of (Section 402(b)) is not intended to allow par- they do after their retirement or focusing on the same will follow if we continue the path ties to pay ‘‘hard money’’ debts with soft their voting after they announce their re- of stricter and stricter campaign ‘‘reform.’’ money. However, the statutory provision al- tirement. The Enron case is no more relevant to ad- lowing payment of debts through December Despite retiring politicians only receiving vancing campaign finance than the hopes 31, 2002 would appear to override the Com- 15 percent of their preceding term’s political that new rules will somehow make cam- mission’s regulation which requires that action committee (PAC) contributions, their paigns more competitive. party committees make non-Federal reim- voting pattern remains virtually the same: bursements to their federal accounts be- They only alter their voting pattern on one [From the Washington Post, Feb. 15, 2002] issue out of every 450 votes. tween 10 days before and not later than 60 NOW, THE UNINTENDED CONSEQUENCES If anything, these statistically insignifi- days after expending funds. Congress may (By David S. Broder) wish to clarify whether it intends for na- cant changes even move in the wrong direc- It was a famous victory. The campaign fi- tional party committees to comply with the tion. Retiring politicians are slightly more nance bill now has passed both the House and Commission’s existing allocation regulations likely to favor their former donors. This Senate and likely will become law with (including the 70-day allocation window) dur- makes no sense if contributions had been President Bush’s signature. ing the transition period. buying votes. The voting records also reveal that politi- 11. Does Congress intend for the expedited The bill has one great virtue. It will end cians are extremely consistent in how they Judicial Review and exclusive jurisdiction the ugly and indefensible practice of federal vote over their entire careers. Those who are provisions of Section 403 to apply in per- elected officials extorting six-figure con- the most conservative or liberal during their petuity? Section 403 provides for a special tributions to their political parties from cor- first terms are still ranked that way when three-judge District Court panel and expe- porations, unions and wealthy individuals. it they retire. Thus the young politician who dited appeal to the Supreme Court for any is clear and definitive about doing that, and does not yet receive money from a PAC does constitutional challenge to the Act. How- it will be effective. not suddenly change when that organization Beyond that, the consequences of the bill ever, by not limiting the provision to initial starts supporting him. the Senate approved last year and the House challenges (brought within a specified pe- The data thus indicate that politicians passed early Thursday morning are probably riod), Section 403 would require convening of vote according to their beliefs, and sup- not what supporters have been led to believe. a three-judge panel and expedited appeal to porters are giving money to candidates who The optimism of the backers is exceeded the Supreme Court for actions filed years in share their beliefs on important issues. only by the folly of the House Republican the future. All such future challenges would A reputation for sticking to certain values leadership, which must be grateful today of have to be filed only in the District of Co- is important to politicians. This is why po- fraudulent Republican amendments so na- lumbia, and circuit court review would be litical ads often attack policy ‘‘flip-flops’’ by kedly intended to kill the bill. Their tactics permanently foreclosed. Special FECA proce- the opponent—if a politician merely tells give hypocrisy a bad name. dures governing constitutional challenges people what they want to hear, voters lack Still, parts of the bill are probably uncon- enacted in 1971 and 1974 have been employed assurance that he will vote for and push that stitutional, and other parts largely unwork- in the Third Circuit and District of Columbia policy when he no longer faces re-election. able or unenforceable. As with previous cam- in the past two years. Congress may wish to Voters instead trust politicians who show a paign finance legislation, it is likely to have set a time limit for these special judicial re- genuine passion for the issues. big unintended consequences. view provisions and allow normal judicial If donations were really necessary to keep For example, the Democrats who furnished procedures to govern constitutional claims politicians in line, why would individual do- the bulk of the votes for passage may be dis- raised in subsequent years. nors ever give money to a politician who is mayed to learn that in the view of Michael Sincerely, running for office for the last time? If politi- Malbin, the widely experienced head of the DAVID M. MASON, cians simply took positions to get elected, nonpartisan Campaign Finance Institute, the Chairman. why would voters ever elect such a politician bill hands President Bush an enormous ad- BRADLEY A. SMITH, who would then be able to vote anyway that vantage in his 2004 reelection campaign. Commissioner. he likes? Here’s why: In 200, when Bush rejected pub- Proponents of campaign finance reform lic financing of his race for the Republican [From the Detroit News, Mar. 15, 2002] have managed to claim the mantle of dis- nomination, he assembled a record treasury lodging the entrenched political establish- DONATIONS DON’T SEEM TO CHANGE VOTES of ‘‘hard money’’ contributions (limited to ment. But, in fact, the reverse is true: Allow- (By John R. Lott Jr.) $1,000 per person) from family friends, Texas ing large contributions is instead the key to A lot of politicians have been explaining letting new faces into politics. Existing fed- supporters and allies in the business world. the money they have gotten from Enron. eral and state donation limits have en- As an incumbent president, he can probably When U.S. Rep. John Dingell (D-Mich.), the trenched incumbents, who can rely on vot- double or triple his take, while at the same powerful ranking Democrat on the House En- ers’ greater familiarity with them as well as time avoiding the spending limits that go ergy and Commerce Committee, was asked use their government resources to help them with public financing. about the donations he received, he said: campaign and generate news coverage. No Democratic challenger is likely to be in ‘‘when somebody gives me money, they, I as- It is very difficult for challengers to raise a position to reject the taxpayer subsidies, sume, are supporting one thing: good govern- numerous small donations. Incumbents have and in a serious contest, on the accelerated ment. And that’s what they got, and that’s an advantage here, as they have had years to calendar Democrats recently adopted, all the what Enron got.’’ put together long mailing lists as well as Democrats may well hit their spending limit In recently passing new campaign finance making a wide array of contacts. Allowing by mid-March. In the past, the winner could regulations, public interest groups and the large donations would make it easier for turn to the Democratic National Committee press insist that donors supposedly only give newcomers to raise a large sum from a few and ask it to finance waves of TV ads from money to politicians to buy influence. There sources. The long start required for fund- its ‘‘soft money’’ account at least until Au- is little doubt that campaign contributions raising mean that if a candidate falters, it is gust, when the convention formally made and voting records often go together. But virtually impossible for other candidates to him the nominee and a Treasury check for few mention that this relationship might enter in at the last moment. the autumn campaign arrived. simply reflect that donors only support can- For example, Sen. Eugene McCarthy, nick- If this bill becomes law, Malbin points out, didates whose views they share. named ‘‘Clean Gene,’’ would—under current the Democrats will have no federal soft Fortunately, there are cases where we can restrictive rules—not have been able to chal- money account; their nominee may well be separate these two motives. Consider a retir- lenge Lyndon Johnson for the presidency in off the air and invisible for five months, ing politician. He has little reason to honor 1968. He relied on six donors who bucked the while Bush dominates the political debate. any ‘‘bribes,’’ for re-election is no longer an party establishment and almost entirely fi- Another unintended consequence may well issue. Even if earlier there were corrupting nanced his campaign. McCarthy raised as be to shift the flow of soft money from na- influences from donations, the politician much money (after adjusting for inflation) as tional parties to state and local parties. Con- would now have freedom to vote according to George W. Bush has so far in the last elec- trary to the impression left by many edi- his own preferences. Therefore, if contribu- tion, but Bush has had to raise the money torials, this bill does not make all soft tions are bribes to make the politician vote from 170,000 donors. money contributions illegal. The amendment differently from his beliefs, there ought to be George McGovern’s 1972 presidential pri- sponsored by Michigan Democratic Sen. Carl a change in the voting record when the poli- mary campaign only succeeded because of Levin allows state and local parties to re- tician decides to retire. extremely large donations from one person, ceive individual soft money contributions of Yet, this proves not to be the case. To- Stuart Mott. up to $10,000 a year ($20,000 per election gether with Steve Bronars of the University Donation limits have reduced the number cycle), as long as they do not spend the of Texas, I have examined the voting records of candidates running for office; cut in half money on ads for federal candidates. S2342 CONGRESSIONAL RECORD — SENATE March 22, 2002 Theoretically, one wealthy individual quently the case these days. Should that figure checks, jumped on the bandwagon out could drop $1 million or more into his favor- happen, Shays-Meehan raises the cap on in- of their own self-interest. The scope of re- ite party, by writing separate checks to 50 dividual donations to that candidate’s oppo- form dwindled until hardly anything re- state or local party headquarters. nents from $2,000 to $12,000. Another limit— mained at all. You can call this a giant loophole or a wise that imposed on the political parties for There should be nothing surprising in the provision to support grass-roots activity, but their coordinated expenditures to supple- spectacle of White House Press Secretary Ari it goes against the centralizing forces in our ment the campaigns of party candidates Fleisher trying to steal credit for the bill on politics—which have strengthened not just within the states—is lifted altogether. behalf of his boss. And why shouldn’t Bush recent presidents but congressional leaders Politically, this provision could prove sign it? Shays-Meehan favors Republicans. of both parties. more unsettling for the Democrats than for The GOP outraised the Democrats in the 2000 When the national parties do less for their the Republicans. While only five of the 19 cycle $466 million $275 million; and in just re- presidential nominees and their congres- federal legislative candidates who spent $1 leased figures for the current election cycle, sional candidates, those men and women be- million or more of their personal money in the Republicans are leading the democrats in come even more individual political entre- 2000 won their races, four of them were Sen- hard money $131 million to $60 million. More- preneurs. ate Democrats—three of them newcomers over, Shays-Meehan certainly favors the in- It is perhaps not a coincidence that all four (Jon Corzine of New Jersey, Mark Dayton of cumbent president in his 2004 campaign. of the sponsors—Sens. John McCain and Russ Minnesota, and Maria Cantwell of Wash- Bush is a hard-money dynamo: In 2000 he Feingold, Reps. Chris Shays and Marty Mee- ington) and one returning (HERB KOHL of raised $103 million in hard-money donations han—are notable for their maverick ten- Wisconsin). for the primaries alone, while sitting veep Al dencies. It is likely this legislation will So who would gain power from these fixes? Gore raised a paltry $46 million in hard breed more of their kind. To understand just how off kilter this reform Finally, the issue the opponents of this bill money. Worse yet, signing Shays-Meehan is, you have to understand one primary fac- helps to inoculate Bush from the taint of tried without success to raise its effect on tor: Today, less than one-tenth of 1 percent the relative power of interest groups and po- Enron’s political money. Nonetheless, Bush of Americans make a contribution of $1,000 taking credit for campaign finance reform, litical parties. The most dubious parts of the to candidates, but these 340,000 individuals measure are those regulating ‘‘issue ads’’ notes Public Campaign analyst Micah Sifry, accounted for fully $1 billion of the $2.9 bil- is ‘‘like Harry Truman claiming credit for that non-party groups run during election lion in hard and soft money that politicians, campaigns. These provisions implicate basic sparking the nuclear-disarmament move- PAC, and parties banked in 2000. Most of this ment by dropping the bomb on Hiroshima.’’ First Amendment rights of expression, and if money comes in large bundles from the ‘‘eco- the courts find them unconstitutional, then But this dubious victory may hold the nomically interested’’—executives and busi- seeds of more sweeping changes. One thing is the net effect may well be to empower inter- ness associates who’ve been armed-twisted est groups while restricting the parties’ par- certain: The kind of incremental reform that into supporting a corporation’s electoral fa- the House has enacted is far from the kind of ticipation in campaigns. vorites. Interest groups are as American as apple dramatic change that can actually renew Under the new legislation, those bundles people’s faith in our political system. But pie. But their agendas are, by definition, nar- will only grow larger. Republican Senator rower than those of the broad coalitions passing Shays-Meehan at least clarifies the John McCain of Arizona admitted to being challenge. For years, progressives have en- called Republicans and Democrats. It will embarrassed recently by the disclosure that not help our politics to magnify the power of dorsed public financing, specifically public he took 431,000 from individuals associated financing that covers both primary and gen- narrow interests at the expense of the two- with the now bankrupt telecommunications party system. eral elections. The AFL–CIO has long sup- firm Global Crossing as he argued their case ported it, and recent converts include the before the Federal Communications Commis- [From the American Prospect, Mar. 25, 2002] NAACP, the ACLU, the Sierra Club, and the sion. Just how tainted would be feel if he got National Organization for Women. The small WITH VICTORIES LIKE THESE ... THE GLARING double that amount (allowable under the INADEQUACIES OF SHAYS-MEEHAN state experiments in Maine and Arizona have new limit) from them the next time he runs shown what a huge difference it can make. [By Ellen S. Miller] for president? Activists on the national front are poised to What a cruel twist of fate: campaign fi- After all these years of struggle, why did move forward. The next victories are likely nance reform that benefits Republicans and reformers settle for so little? to come at the state level in judicial elec- In fact, after more than a decade of seeing big money. tions. Spurred by the American Bar Associa- The Shays-Meehan bill is back-to-the-fu- their more ambitious ideas come to naught tion’s endorsement of full public financing ture reform: legislation that takes us back even as the amount of money in politics for judicial races, activists in North Caro- to just before 1980, when there was no ‘‘soft grew exponentially, reformers and their edi- lina, Wisconsin, and Illinois are moving to money’’ but still a huge imbalance in the in- torial-board allies felt that they desperately change their state laws. Public financing of fluence of the big contributors over the rest needed a win. According to Derek Cressman campaigns for the legislature, though fur- of the population. Under the terms of the bill of USPIRG (the only campaign-finance-re- ther down the road, is most likely in Min- that passed the House, the national parties’ form organization to oppose the bill), Ken- nesota, New Mexico, and Connecticut. committees can no longer raise soft money— tucky’s Republican Senator ‘‘Mitchell Now that soft-money reform is off the the unlimited and unregulated contributions McConnell wore down the reform movement table, it’s time to focus on the real deal. that totaled $498 million in 2000. A very good by defeating stronger legislation year after thing, that. But the tradeoff to eliminate year. Legislators kept compromising and the ACLU CAMPAIGN FINANCE POSITION PROTECTS this most notorious campaign finance ‘‘loop- watchdogs let them do that.’’ As a result, the FREE SPEECH hole’’ will actually enhance the power of reform package grew steadily weaker. ‘‘I wealthy special interests, for it loosens a can’t think of any other legislation that’s [Statement of Nadine Strossen, ACLU Presi- whole series of strictures on hard-money do- had a tough fight that ended up actually dent, Ira Glasser, ACLU Executive Direc- nations—and hard money has already rolling things back,’’ Cressman says. ‘‘This tor, and Laura W. Murphy, ACLU Legisla- eclipsed soft. Total hard-money contribu- bill could have passed easily 10 years ago.’’ tive Director] tions to candidates, political action commit- Speaking not for attribution, some reform- WASHINGTON.—Nine former leaders of the tees (PACs), and parties in the 2000 election ers admit that forward movement—even if American Civil Liberties Union today re- cycle came to $1.8 billion, nearly three times only one small step forward—became their leased a statement saying that they have the soft-money total. goal. A second factor, perhaps perversely, changed their positions on campaign finance To ease shock to big-money politics, was the Democrats’ growing proficiency at and now disagree with legal scholars, Su- Shays-Meehan contains three separate in- raising big money themselves—a skill that preme Court Justices and the ACLU’s long- creases in the amounts that individual do- may have lulled them about the political standing policy to seek the highest constitu- nors can give in regulated hard money, plus ramifications of Shays-Meehan. Buoyed by tional protection for political speech. a huge exemption that enables campaigns to near-parity with the GOP in soft money In their statement, these leaders argue sidestep the limits altogether. The first in- fundraising, the Democrats generally—and that the Supreme Court misread the First crease involves the aggregate contribution party chairman Terry McAuliffe particu- Amendment in 1976 when it issued its ruling limit for individuals. The legislation nearly larly—came to believe that they could com- in Buckley v. Valeo, which struck down legis- doubles it to $95,000 per two-year election plete in the hard-money game, too. That lative limits on campaign expenditures in a cycle. The second hike is in what individuals made the bill’s tradeoff between hard money holding that reflected many legal precedents can give to national political parties, which and soft money acceptable. and has been repeatedly reaffirmed. Our rises from the current $20,000 per cycle per As the proposed reforms grew steadily former ACLU colleagues say that our opposi- party committee to $57,500. Within these lim- more modest, their appeal to the center and tion to current legislation allows members its, the bill also provides for another dra- center-right grew. Moderate Republicans in of Congress to hide behind an unjustified matic increase: the amount individuals can the Senate and the House took the lead and constitutional smokescreen. give to House and Senate candidates doubles the Democrats stood back to let them carry We are untroubled by the questions they to $2,000 per election. the fight. A seemingly enlightened segment raise and believe that it is they who allow But say that a self-funding multimillion- of the business community, some of whom members of Congress and President Clinton aire candidate is running for office, as is fre- were executives tired of being dunned for six- to hid behind so-called reforms that are both March 22, 2002 CONGRESSIONAL RECORD — SENATE S2343

unconstitutional and ineffective. As long as litical contributions, extending the franking FEDERAL MINE SAFETY AND HEALTH measures like McCain-Feingold or Shays- privilege to qualified candidates and requir- ADMINISTRATION Meehan are allowed to masquerade as re- ing accountability of and providing resources STANLEY C. SUBOLESKI, OF VIRGINIA, TO BE A MEM- form, neither Congress nor President Clinton to the Federal Elections Commission. None BER OF THE FEDERAL MINE SAFETY AND HEALTH RE- will get serious about adopting true reform, of these proposed reforms would run afoul of VIEW COMMISSION FOR A TERM EXPIRING AUGUST 30, which we believe lies in the direction of fair the First Amendment. 2006, VICE MARC LINCOLN MARKS, TERM EXPIRED. and adequate public financing. Still, our former ACLU colleagues press DEPARTMENT OF JUSTICE Just last year, we offered Burt Neuborne, a proposals that would inevitably limit polit- DEBRA W. YANG, OF CALIFORNIA, TO BE UNITED former ACLU Legal Director and one of the ical speech. We continue to shake our heads, STATES ATTORNEY FOR THE CENTRAL DISTRICT OF principal opponents of our campaign finance CALIFORNIA FOR A TERM OF FOUR YEARS, VICE wondering how such measures can be re- ALEJANDRO N. MAYORKAS, RESIGNED. policies, the opportunity to argue his posi- garded as ‘‘reforms’’ by anyone who is genu- FRANK DEARMON WHITNEY, OF NORTH CAROLINA, TO tion before the ACLU’s 83-member National inely committed to the First Amendment.∑ BE UNITED STATES ATTORNEY FOR THE EASTERN DIS- Board. After hours of debate and discussion, TRICT OF NORTH CAROLINA FOR A TERM OF FOUR Neuborne completely failed to shift the Mr. DODD. I ask unanimous consent YEARS, VICE JANICE MCKENZIE COLE, RESIGNED. ACLU Board to his view. Many Board mem- that the resolution be agreed to, the bers in fact argued that Neuborne’s position motion to reconsider be laid upon the f was in direct conflict with the First Amend- table, and any statements regarding ment rights that form the foundation of our this matter be printed in the RECORD. CONFIRMATIONS democracy. Ultimately, the one Board mem- The PRESIDING OFFICER. Without ber who had offered a motion to radically objection, it is so ordered. Executive nominations confirmed by alter our long-standing policy withdrew it the Senate March 22, 2002: rather than allowing it to come to a vote. The resolution (H. Con. Res. 361) was Yet our former ACLU colleagues persist, agreed to. DEPARTMENT OF THE TREASURY offering sweeping proposals that would con- f KENNETH LAWSON, OF FLORIDA, TO BE AN ASSISTANT stitute a wholesale breach of First Amend- SECRETARY OF THE TREASURY. ment rights and that ignore the real-world ORDERS FOR MONDAY, APRIL 8, DEPARTMENT OF HOUSING AND URBAN impact of limits on speech. They speak ap- 2002 DEVELOPMENT provingly of efforts to impose ‘‘reasonable Mr. DODD. I ask unanimous consent VICKERS B. MEADOWS, OF VIRGINIA, TO BE AN ASSIST- limits on campaign spending’’ without say- that when the Senate completes its ANT SECRETARY OF HOUSING AND URBAN DEVELOP- ing specifically what such regulations would MENT. business today, it adjourn until the DIANE LENEGHAN TOMB, OF VIRGINIA, TO BE AN AS- do. But when we look at those consequences SISTANT SECRETARY OF HOUSING AND URBAN DEVEL- it becomes clear that current campaign fi- hour of 3 p.m. Monday, April 8; that OPMENT. nance measures would do immeasurable following the prayer and pledge, the KENNETH M. DONOHUE, SR., OF VIRGINIA, TO BE IN- SPECTOR GENERAL, DEPARTMENT OF HOUSING AND damage to political speech. The devil, as the Journal of proceedings be approved to URBAN DEVELOPMENT. cliche´ goes, is in the details. date, the morning hour be deemed ex- NATIONAL CREDIT UNION ADMINISTRATION A key provision of both McCain-Feingold pired, the time for the two leaders be and Shays-Meehan would, for example, es- reserved for their use later in the day, JOANN JOHNSON, OF IOWA, TO BE A MEMBER OF THE tablish limits that effectively bar any indi- NATIONAL CREDIT UNION ADMINISTRATION BOARD FOR and the Senate resume consideration of A TERM EXPIRING AUGUST 2, 2007. vidual or organization from explicitly criti- DEBORAH MATZ, OF NEW YORK, TO BE A MEMBER OF cizing a public official—perhaps the single the energy reform bill. THE NATIONAL CREDIT UNION ADMINISTRATION BOARD most important type of free speech in our de- The PRESIDING OFFICER. Without FOR A TERM EXPIRING AUGUST 2, 2005. mocracy—when the official is up for re-elec- objection, it is so ordered. ENVIRONMENTAL PROTECTION AGENCY tion within 60 days. If that kind of law had f J. PAUL GILMAN, OF VIRGINIA, TO BE AN ASSISTANT governed the recent New York City mayoral ADMINISTRATOR OF THE ENVIRONMENTAL PROTECTION election, it would have effectively barred the ADJOURNMENT UNTIL 3 P.M. AGENCY. ACLU (and other non-partisan groups) from MONDAY, APRIL 8, 2002 DEPARTMENT OF COMMERCE criticizing incumbent Mayor Giuliani by Mr. DODD. If there is no further busi- JAMES R. MAHONEY, OF VIRGINIA, TO BE ASSISTANT name on the subject of police brutality in SECRETARY OF COMMERCE FOR OCEANS AND ATMOS- the wake of the horrific Abner Louima inci- ness to come before the Senate, I ask PHERE. unanimous consent that the Senate dent precisely during the pre-election period DEPARTMENT OF VETERANS AFFAIRS when such criticism is most audible. That stand in adjournment under the provi- DANIEL L. COOPER, OF PENNSYLVANIA, TO BE UNDER prohibition would have gagged us even sions of H. Con. Res. 360. SECRETARY FOR BENEFITS OF THE DEPARTMENT OF though the ACLU has never endorsed or op- There being no objection, the Senate, VETERANS AFFAIRS FOR A TERM OF FOUR YEARS. posed any candidate for elective office and is at 3:58 p.m. adjourned until Monday, ROBERT H. ROSWELL, OF FLORIDA, TO BE UNDER SEC- barred by our non-partisan structure from RETARY FOR HEALTH OF THE DEPARTMENT OF VET- April 8, 2002, at 3 p.m. ERANS AFFAIRS FOR A TERM OF FOUR YEARS. doing so. Similarly, anti-choice groups like THE ABOVE NOMINATIONS WERE APPROVED SUBJECT the National Right to Life Committee would f TO THE NOMINEES’ COMMITMENT TO RESPOND TO RE- QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY be effectively barred from criticizing can- NOMINATIONS CONSTITUTED COMMITTEE OF THE SENATE. didates who support reproductive freedom. Yet such criticism of public officials is ex- Executive nominations received by DEPARTMENT OF AGRICULTURE actly what the First Amendment was in- the Senate March 22, 2002: NANCY SOUTHARD BRYSON, OF THE DISTRICT OF CO- LUMBIA, TO BE GENERAL COUNSEL OF THE DEPART- tended to protect. FEDERAL EMERGENCY MANAGEMENT AGENCY MENT OF AGRICULTURE. In contrast, there are many reform meas- ANTHONY LOWE, OF WASHINGTON, TO BE FEDERAL IN- DEPARTMENT OF LABOR ures the ACLU supports that would protect SURANCE ADMINISTRATOR, FEDERAL EMERGENCY MAN- and increase political speech. These include AGEMENT AGENCY, VICE JO ANN HOWARD, RESIGNED. VICTORIA A. LIPNIC, OF VIRGINIA, TO BE AN ASSIST- ANT SECRETARY OF LABOR. instituting public financing, improving cer- DEPARTMENT OF STATE tain disclosure requirements, establishing DEPARTMENT OF THE TREASURY PAULA A. DESUTTER, OF VIRGINIA, TO BE AN ASSIST- vouchers for discount broadcast and print ANT SECRETARY OF STATE (VERIFICATION AND COMPLI- RANDAL QUARLES, OF UTAH, TO BE A DEPUTY UNDER electoral ads, reinstating a tax credit for po- ANCE), VICE OWEN JAMES SHEAKS. SECRETARY OF THE TREASURY. Friday, March 22, 2002 Daily Digest Senate United States Postal Service located at 89 River Chamber Action Street in Hoboken, New Jersey, as the ‘‘Frank Si- Routine Proceedings, pages S2311–S2343 natra Post Office Building’’. Page S2339 Measures Introduced: Eight bills and one resolu- Tom Bliley Post Office Building: Senate passed tion were introduced, as follows: S. 2066–2073, and H.R. 1748, to designate the facility of the United S. Con. Res. 100. Page S2326 States Postal Service located at 805 Glen Burnie Measures Reported: Road in Richmond, Virginia, as the ‘‘Tom Bliley S. Con. Res. 100, setting forth the congressional Post Office Building’’, clearing the measure for the budget for the United States Government for fiscal President. Page S2339 year 2003 and setting forth the appropriate budg- Herbert H. Bateman Post Office Building: Sen- etary levels for each of the fiscal years 2004 through ate passed H.R. 1749, to designate the facility of the 2012. Page S2325 United States Postal Service located at 685 Measures Passed: Turnberry Road in Newport News, Virginia, as the ‘‘Herbert H. Bateman Post Office Building’’, clear- American Small Business Emergency Relief and ing the measure for the President. Page S2339 Recovery Act: Senate passed S. 1499, to provide as- sistance to small business concerns adversely im- Bob Davis Post Office Building: Senate passed pacted by the terrorist attacks perpetrated against H.R. 2577, to designate the facility of the United the United States on September 11, 2001, after States Postal Service located at 310 South State agreeing to the following amendment proposed Street in St. Ignace, Michigan, as the ‘‘Bob Davis thereto: Pages S2335–38 Post Office Building’’, clearing the measure for the Dodd (for Kerry/Bond) Amendment No. 3076, in President. Page S2339 the nature of a substitute. Page S2335 Francis Bardanouve United States Post Office Oklahoma City Native American Museum: Building: Senate passed H.R. 2876, to designate the Committee on Indian Affairs was discharged from facility of the United States Postal Service located in further consideration of S. 1321, to authorize the Harlem, Montana, as the ‘‘Francis Bardanouve construction of a Native American Cultural Center United States Post Office Building’’, clearing the and Museum in Oklahoma City, Oklahoma, and the measure for the President. Page S2339 bill was then passed, after agreeing to the following Norman Sisisky Post Office Building: Senate amendment proposed thereto: Page S2338 passed H.R. 2910, to designate the facility of the Dodd (for Nickles/Inhofe) Amendment No. 3077, United States Postal Service located at 3131 South in the nature of a substitute. Page S2338 Crater Road in Petersburg, Virginia, as the ‘‘Norman Bureau of Census 100th Anniversary: Senate Sisisky Post Office Building’’, clearing the measure agreed to H. Con. Res. 339, expressing the sense of for the President. Page S2339 the Congress regarding the Bureau of the Census on Vernon Tarlton Post Office Building: Senate the 100th anniversary of its establishment. passed H.R. 3072, to designate the facility of the Pages S2338–39 United States Postal Service located at 125 Main Major Lyn McIntosh Post Office Building: Sen- Street in Forest City, North Carolina, as the ‘‘Vernon ate passed H.R. 1432, to designate the facility of the Tarlton Post Office Building’’, clearing the measure United States Postal Service located at 3698 Inner for the President. Page S2339 Perimeter Road in Valdosta, Georgia, as the ‘‘Major Raymond M. Downey Post Office Building: Sen- Lyn McIntosh Post Office Building’’. Page S2339 ate passed H.R. 3379, to designate the facility of the Frank Sinatra Post Office Building: Senate United States Postal Service located at 375 Carlls passed S. 1222, to redesignate the facility of the Path in Deer Park, New York, as the ‘‘Raymond M. D285

VerDate 11-MAY-2000 01:52 Mar 23, 2002 Jkt 099060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D22MR2.REC pfrm02 PsN: D22MR2 D286 CONGRESSIONAL RECORD — DAILY DIGEST March 22, 2002 Downey Post Office Building’’, clearing the measure James R. Mahoney, of Virginia, to be Assistant for the President. Page S2339 Secretary of Commerce for Oceans and Atmosphere. Child Abuse Awareness: Committee on the Judi- Randal Quarles, of Utah, to be a Deputy Under ciary was discharged from further consideration of S. Secretary of the Treasury. (Prior to this action, Com- Res. 132, recognizing the social problem of child mittee on Finance was discharged from further con- abuse and neglect, and supporting efforts to enhance sideration.) public awareness of it, and the resolution was then Nancy Southard Bryson, of the District of Colum- agreed to. Page S2339 bia, to be General Counsel of the Department of Ag- Enrollment Correction: Senate agreed to H. Con. riculture. (Prior to this action, Committee on Agri- Res. 361, directing the Clerk of the House of Rep- culture, Nutrition, and Forestry was discharged from resentatives to make corrections in the enrollment of further consideration.) Daniel L. Cooper, of Pennsylvania, to be Under the bill H.R. 2356. Pages S2339–43 Secretary for Benefits of the Department of Veterans Election Reform—Agreement: A unanimous-con- Affairs for a term of four years. sent-time agreement was reached providing that the Robert H. Roswell, of Florida, to be Under Sec- Majority Leader, after consultation with the Minority retary for Health of the Department of Veterans Af- Leader, may resume consideration of S. 565, to es- fairs for a term of four years. tablish the Commission on Voting Rights and Pro- Deborah Matz, of New York, to be a Member of cedures to study and make recommendations regard- the National Credit Union Administration Board for ing election technology, voting, and election admin- a term expiring August 2, 2005. istration, to establish a grant program under which the Office of Justice Programs and the Civil Rights Victoria A. Lipnic, of Virginia, to be an Assistant Division of the Department of Justice shall provide Secretary of Labor. (Prior to this action, Committee assistance to States and localities in improving elec- on Health, Education, Labor, and Pensions was dis- tion technology and the administration of Federal charged from further consideration.) elections, to require States to meet uniform and non- Pages S2335, S2343 discriminatory election technology and administra- Nominations Received: Senate received the fol- tion requirements for the 2004 Federal elections, and lowing nominations: certain amendments to be proposed thereto. Anthony Lowe, of Washington, to be Federal In- Page S2318 surance Administrator, Federal Emergency Manage- Energy Policy Act—Agreement: A unanimous- ment Agency. consent agreement was reached providing for further Paula A. DeSutter, of Virginia, to be an Assistant consideration of S. 517, to authorize funding the De- Secretary of State (Verification and Compliance). partment of Energy to enhance its mission areas Stanley C. Suboleski, of Virginia, to be a Member through technology transfer and partnerships for fis- of the Federal Mine Safety and Health Review Com- cal years 2002 through 2006, at 3 p.m., on Monday, mission for a term expiring August 30, 2006. April 8, 2002. Page S2343 Debra W. Yang, of California, to be United States Nominations Confirmed: Senate confirmed the fol- Attorney for the Central District of California for a lowing nominations: term of four years. Kenneth M. Donohue, Sr., of Virginia, to be In- Frank DeArmon Whitney, of North Carolina, to spector General, Department of Housing and Urban be United States Attorney for the Eastern District of Development. North Carolina for a term of four years. Page S2343 Kenneth Lawson, of Florida, to be an Assistant Executive Communications: Pages S2324–25 Secretary of the Treasury. Petitions and Memorials: Page S2324 Vickers B. Meadows, of Virginia, to be an Assist- Additional Cosponsors: Page S2326 ant Secretary of Housing and Urban Development. J. Paul Gilman, of Virginia, to be an Assistant Statements on Introduced Bills/Resolutions: Administrator of the Environmental Protection Pages S2326–30 Agency. Additional Statements: Pages S2321–24 JoAnn Johnson, of Iowa, to be a Member of the Amendments Submitted: Pages S2331–35 National Credit Union Administration Board for a term expiring August 2, 2007. Privilege of the Floor: Page S2335 Diane Leneghan Tomb, of Virginia, to be an As- Adjournment: Senate met at 10 a.m. and, pursuant sistant Secretary of Housing and Urban Develop- to the provisions of H. Con. Res. 360, adjourned at ment. 3:58 p.m., until 3 p.m., on Monday, April 8, 2002.

VerDate 11-MAY-2000 01:52 Mar 23, 2002 Jkt 099060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D22MR2.REC pfrm02 PsN: D22MR2 March 22, 2002 CONGRESSIONAL RECORD — DAILY DIGEST D287 (For Senate’s program, see the remarks of the Acting Majority Leader in today’s Record on page S2343). Committee Meetings No committee meetings were held. h House of Representatives Security: Electronic Surveillance in the Nation’s Cap- Chamber Action. ital.’’ Testimony was heard from the following offi- The House was not in session today. cials of the District of Columbia: Kathleen Patter- son, member, Council and Chairwoman, Committee Committee Meetings on the Judiciary; Margaret Nedelkoff Kellems, Dep- uty Mayor, Public Safety and Justice; and Charles ELECTRONIC SURVEILLANCE IN THE Ramsey, Chief, Metropolitan Police Department; NATION’S CAPITAL John Parsons, Associate Regional Director, National Committee on Government Reform: Subcommittee on the Capital Region, National Parks Service, Department District of Columbia held a hearing on ‘‘Privacy vs. of the Interior; and public witnesses.

VerDate 11-MAY-2000 01:52 Mar 23, 2002 Jkt 099060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D22MR2.REC pfrm02 PsN: D22MR2 D288 CONGRESSIONAL RECORD — DAILY DIGEST March 22, 2002

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 3 p.m., Monday, April 8 2 p.m., Tuesday, April 9

Senate Chamber House Chamber Program for Monday: Senate will resume consideration Program for Tuesday: To be announced. of S. 517, Energy Policy Act.

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