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

Vol. 148 WASHINGTON, MONDAY, MARCH 18, 2002 No. 31 House of Representatives The House met at 2 p.m. and was Your own way, bring all beyond their MARCH 14, 2002. called to order by the Speaker pro tem- imagining to the fulfillment of Your Hon. DENNIS J. HASTERT, pore (Mr. OTTER). promise within them. Speaker, House of Representatives, Renew America these days in a new Washington, DC. f DEAR MR. SPEAKER: This is to formally no- moral consciousness that will have the tify you, pursuant to Rule VIII of the Rules DESIGNATION OF THE SPEAKER world respect us once again as the land of the House of Representatives, that I have PRO TEMPORE of the free and the home of the brave, been served with a subpoena for trial testi- The SPEAKER pro tempore laid be- now and forever. Amen. mony issued by the United States District fore the House the following commu- f Court for the Western District of Louisiana nication from the Speaker: in a criminal case pending there. THE JOURNAL After consultation with the Office of Gen- WASHINGTON, DC, The SPEAKER pro tempore. The eral Counsel, I have determined that it is March 18, 2002. consistent with the precedents and privileges I hereby appoint the Honorable C.L. Chair has examined the Journal of the last day’s proceedings and announces of the House to comply with the subpoena. ‘‘BUTCH’’ OTTER to act as Speaker pro tem- Sincerely, pore on this day. to the House his approval thereof. JENNIFER LAWRENCE, J. DENNIS HASTERT, Pursuant to clause 1, rule I, the Jour- Former Staff Assistant to Congressman Speaker of the House of Representatives. nal stands approved. Jim McCrery of Louisiana. f f f PRAYER PLEDGE OF ALLEGIANCE SENATE BILLS REFERRED The Chaplain, the Reverend Daniel P. The SPEAKER pro tempore. The A bill of the Senate of the following Coughlin, offered the following prayer: Chair will lead the House in the Pledge title was taken from the Speaker’s Lord God of Redemption, humanly of Allegiance. table and, under the rule, referred as we are always in search for freedom. The SPEAKER pro tempore led the follows: Pledge of Allegiance as follows: Sometimes oppression comes from out- S. 2019. An act to extend the authority of side ourselves; sometimes our limita- I pledge allegiance to the Flag of the the Export-Import Bank until April 30, 2002, tions are from within. Your spirit United States of America, and to the Repub- was referred to the Committee on Financial alone sets us internally free to realize lic for which it stands, one nation under God, Services. indivisible, with liberty and justice for all. peace. f The Mosaic Passover and Exodus and f the Paschal Mystery of Jesus’ death MESSAGE FROM THE SENATE ADJOURNMENT and resurrection help us interpret how A message from the Senate by Mr. The SPEAKER pro tempore. Without You always lead Your people through Monahan, one of its clerks, announced objection, the House stands adjourned suffering and death to the everlasting that the Senate has passed bills of the until 12:30 p.m. tomorrow for morning freedom You promise. following titles in which the concur- hour debates. Enable Members of Congress to enter rence of the House is requested: There was no objection. by faith into the approaching feasts Accordingly (at 2 o’clock and 4 min- S. 1372. An act to reauthorize the Export- and experience the mysterious promise Import Bank of the United States. utes p.m.), under its previous order, the You present to us today. Guide them S. 2019. An act to extend the authority of House adjourned until tomorrow, with an integrity of life and good judg- the Export-Import Bank until April 30, 2002. March 19, 2002, at 12:30 p.m., for morn- ment to lead Your people to greater f ing hour debates. and lasting freedom. f Some people need to be freed of sick- COMMUNICATION FROM FORMER ness and hunger; some need to be freed STAFF ASSISTANT TO THE HON- EXECUTIVE COMMUNICATIONS, of injustice and terrorism. Some are ORABLE JIM MCCRERY, MEMBER ETC. caught in their own patterns of preju- OF CONGRESS Under clause 8 of rule XII, executive dice and revenge; some are desperate The SPEAKER pro tempore laid be- communications were taken from the because of their anger and greed. In fore the House the following commu- Speaker’s table and referred as follows: subtle yet profound ways, Lord, Your nication from Jennifer Lawrence, 5914. A letter from the Administrator, De- spirit can free people from self-inter- former staff assistant to the Honorable partment of Agriculture, transmitting the est, loneliness and compulsions. In JIM MCCRERY, Member of Congress: Department’s final rule—Cranberries Grown

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

H935

. H936 CONGRESSIONAL RECORD — HOUSE March 18, 2002 in the States of Massachusetts, et al.; In- Department’s final rule—Tobacco Inspec- [FRL–7157–3] received March 8, 2002, pursuant creased Assessment Rate [Docket No. FV01– tion; Growers’ Referendum Results [Docket to 5 U.S.C. 801(a)(1)(A); to the Committee on 929–3 FR] received March 6, 2002, pursuant to No. TB–00–23] received March 6, 2002, pursu- Energy and Commerce. 5 U.S.C. 801(a)(1)(A); to the Committee on ant to 5 U.S.C. 801(a)(1)(A); to the Committee 5936. A letter from the Principal Deputy Agriculture. on Agriculture. Associate Administrator, Environmental 5915. A letter from the Administrator, De- 5926. A letter from the Administrator, De- Protection Agency, transmitting the Agen- partment of Agriculture, transmitting the partment of Agriculture, transmitting the cy’s final rule—National Emission Standards Department’s final rule—Dried Prunes Pro- Department’s final rule—Hass Avocado Pro- for Hazardous Air Pollutants: Solvent Ex- duced in California; Increased Assessment motion, Research, and Information Order; traction for Vegetable Oil Production [FRL– Rate [Docket No. FV01–993–3 FR] received Referendum Procedures [FV–01–706–FR] re- 7155–9] received March 8, 2002, pursuant to 5 March 6, 2002, pursuant to 5 U.S.C. ceived March 6, 2002, pursuant to 5 U.S.C. U.S.C. 801(a)(1)(A); to the Committee on En- 801(a)(1)(A); to the Committee on Agri- 801(a)(1)(A); to the Committee on Agri- ergy and Commerce. culture. culture. 5937. A letter from the Assistant Secretary 5916. A letter from the Acting Adminis- 5927. A letter from the Administrator, De- for Legislative Affairs, Department of State, trator, Department of Agriculture, transmit- partment of Agriculture, transmitting the transmitting the Department’s report enti- ting the Department’s final rule—Nectarines Department’s final rule—Limes Grown in tled ‘‘Country Reports on Human Rights Grown in California; Increased Assessment Florida and Imported Limes; Suspension of Practices for 2001,’’ pursuant to 22 U.S.C. Rate [Docket No. FV01–916–2 FR] received Regulations [Docket No. FV01–911–2 FR] re- 2151n(d); to the Committee on International March 6, 2002, pursuant to 5 U.S.C. ceived March 6, 2002, pursuant to 5 U.S.C. Relations. 801(a)(1)(A); to the Committee on Agri- 801(a)(1)(A); to the Committee on Agri- 5938. A letter from the Director, Congres- culture. culture. sional Budget Office, transmitting the report 5917. A letter from the Acting Adminis- 5928. A letter from the Administrator, De- to waive deduction of pay requirement for a trator, Department of Agriculture, transmit- partment of Agriculture, transmitting the reemployed annuitant; to the Committee on ting the Department’s final rule—Irish Pota- Department’s final rule—Winter Pears Government Reform. toes Grown in Colorado; Increased Assess- Grown in Oregon and Washington; The Es- 5939. A letter from the Director, Fish and ment Rate [Docket No. FV01–948–3 FR] re- tablishment of a Supplemental Rate of As- Wildlife Service, Department of the Interior, ceived March 6, 2002, pursuant to 5 U.S.C. sessment for the Beurre d’Anjou Variety of transmitting the Department’s final rule— 801(a)(1)(A); to the Committee on Agri- Pears and of a Definition for Organically Endangered and Threatened Wildlife and culture. Produced Pears [Docket No. FV01–927–1 FR] 5918. A letter from the Administrator, De- Plants; Endangered Status for the Buena received March 6, 2002, pursuant to 5 U.S.C. partment of Agriculture, transmitting the Vista Lake shrew (Sorex ornatus relictus) 801(a)(1)(A); to the Committee on Agri- Department’s final rule—Domestic Dates (RIN: 1018–AG04) received March 6, 2002, pur- culture. Produced or Packed in Riverside County, suant to 5 U.S.C. 801(a)(1)(A); to the Com- 5929. A letter from the Administrator, De- California; Increased Assessment Rate mittee on Resources. partment of Agriculture, transmitting the [Docket No. FV01–987–1 FR] received March 5940. A letter from the Assistant Adminis- Department’s final rule—Hazelnuts Grown in 6, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to trator for Fisheries, National Marine Fish- Oregon and Washington; Establishment of the Committee on Agriculture. eries Service, National Oceanic and Atmos- 5919. A letter from the Administrator, De- Reporting Requirements for Imported Hazel- pheric Administration, transmitting the Ad- partment of Agriculture, transmitting the nuts [Docket No. FV01–982–3 FR] received ministration’s final rule—Fisheries of the Department’s final rule—Fresh Bartlett March 6, 2002, pursuant to 5 U.S.C. Northeastern United States; Summer Floun- Pears Grown in Oregon and Washington; In- 801(a)(1)(A); to the Committee on Agri- der, Scup, and Black Sea Bass Fisheries, 2002 creased Assessment Rate [Docket No. FV01– culture. Specifications [Docket No. 011109274–1301–02; 931–1 FR] received March 6, 2002, pursuant to 5930. A letter from the Administrator, I.D. 102501B] (RIN: 0648–AP06) received March 5 U.S.C. 801(a)(1)(A); to the Committee on Rural Utilities Service, Department of Agri- 5, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to Agriculture. culture, transmitting the Department’s final the Committee on Resources. 5920. A letter from the Administrator, De- rule—Extensions of Payments of Principal 5941. A letter from the Principal Deputy partment of Agriculture, transmitting the and Interest (RIN: 0572–AB60) received March Associate Administrator, Environmental Department’s final rule—Tart Cherries 6, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to Protection Agency, transmitting the Agen- Grown in the States of Michigan, et al.; the Committee on Agriculture. cy’s final rule—Withdrawal of the Federal Modifications to the Rules and Regulations 5931. A letter from the Principal Deputy Designated Use for Shields Gulch in Idaho Under the Tart Cherry Marketing Order Associate Administrator, Environmental [FRL–7157–1] received March 8, 2002, pursuant [Docket No. FV01–930–3 FIR] received March Protection Agency, transmitting the Agen- to 5 U.S.C. 801(a)(1)(A); to the Committee on 6, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to cy’s final rule—Pesticide Tolerance Proc- Transportation and Infrastructure. the Committee on Agriculture. essing Fees [OPP–30118; FRL–6774–3] (RIN: 5942. A letter from the Regulations Coordi- 5921. A letter from the Acting Adminis- 2070–AB78) received March 8, 2002, pursuant nator, Department of Health and Human trator, Department of Agriculture, transmit- to 5 U.S.C. 801(a)(1)(A); to the Committee on Services, transmitting the Department’s ting the Department’s final rule—Water- Agriculture. final rule—Medicare Program; Fee Schedule 5932. A communication from the President melon Research and Promotion Plan; Sub- for Payment of Ambulance Services and Re- of the United States, transmitting his re- part D—Referendum Procedures [FV–01–701 visions to the Physician Certification Re- quests for FY 2003 budget amendments for FR] received March 6, 2002, pursuant to 5 quirements for Coverage of Nonemergency the Departments of Commerce, Defense, U.S.C. 801(a)(1)(A); to the Committee on Ag- Ambulance Services [HCFA–1002–FC] (RIN: Labor, Transportation, and the Treasury; the riculture. 0938–AK30) received March 5, 2002, pursuant Environmental Protection Agency; and the 5922. A letter from the Administrator, De- to 5 U.S.C. 801(a)(1)(A); jointly to the Com- Federal Emergency Management Agency; (H. partment of Agriculture, transmitting the mittees on Energy and Commerce and Ways Doc. No. 107–189); to the Committee on Ap- Department’s final rule—Kiwifruit Grown in and Means. California; Relaxation of Pack Requirements propriations and ordered to be printed. [Docket No. FV02–920–1 IFR] received March 5933. A letter from the Vice Chairman, Ex- f 6, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to port-Import Bank of the United States, REPORTS OF COMMITTEES ON the Committee on Agriculture. transmitting a statement with respect to a PUBLIC BILLS AND RESOLUTIONS 5923. A letter from the Acting Adminis- transaction involving U.S. exports to Brazil trator, Department of Agriculture, transmit- U.S. exports to Turkey, Mongolia, the Czech Under clause 2 of rule XIII, reports of ting the Department’s final rule—Raisins Republic, and Brazil, pursuant to 12 U.S.C. committees were delivered to the Clerk Produced From Grapes Grown in California; 635(b)(3)(i); to the Committee on Financial for printing and reference to the proper Final Free and Reserve percentages for 2000– Services. calendar, as follows: 01 Crop Natural (Sun-Dried) Seedless and 5934. A letter from the Principal Deputy [Filed on March 15, 2002] Zante Currant Raisins [Docket No. FV01–989– Associate Administrator, Environmental 3 FIR] received March 6, 2002, pursuant to 5 Protection Agency, transmitting the Agen- Mr. NUSSLE: Committee on the Budget. U.S.C. 801(a)(1)(A); to the Committee on Ag- cy’s final rule—Designation of Areas for Air House Concurrent Resolution 353. Resolution riculture. Quality Planning Purposes; Ohio; Technical establishing the congressional budget for the 5924. A letter from the Administrator, De- Amendment [OH132–4; FRL–7155–2] received United States Government for fiscal year partment of Agriculture, transmitting the March 8, 2002, pursuant to 5 U.S.C. 2003 and setting forth appropriate budgetary Department’s final rule—Tobacco Inspec- 801(a)(1)(A); to the Committee on Energy and levels for each of fiscal years 2004 through tion; Producer Referenda on Mandatory Commerce. 2007 (Rept. 107–376). Referred to the Com- Grading [Docket No. TB–02–03] received 5935. A letter from the Principal Deputy mittee of the Whole House on the State of March 6, 2002, pursuant to 5 U.S.C. Associate Administrator, Environmental the Union. 801(a)(1)(A); to the Committee on Agri- Protection Agency, transmitting the Agen- Mr. YOUNG of Alaska: Committee on culture. cy’s final rule—Unregulated Contaminant Transportation and Infrastructure. S. 1622. 5925. A letter from the Administrator, De- Monitoring Regulation for Public Water Sys- An act to extend the period of availability of partment of Agriculture, transmitting the tems; Establishment of Reporting Date unemployment assistance under the Robert March 18, 2002 CONGRESSIONAL RECORD — HOUSE H937

T. Stafford Disaster Relief and Emergency New York, Mr. FOSSELLA, Mr. ENGEL, H.R. 1081: Mrs. MORELLA. Assistance Act in the case of victims of the Mr. GILMAN, Mr. ISRAEL, Mrs. KELLY, H.R. 1184: Mr. DELAHUNT and Mrs. CLAY- terrorist attacks of September 11, 2001 (Rept. Mr. TOWNS, Mr. KING, Mrs. MCCARTHY TON. 107–377). Referred to the Committee of the of New York, Mr. BOEHLERT, Ms. H.R. 1265: Ms. ESHOO. Whole House on the State of the Union. SLAUGHTER, Mr. GRUCCI, Mrs. LOWEY, H.R. 1360 Mr. CROWLEY and Mr. HILL. [Submitted March 18, 2002] Mr. SWEENEY, Mr. HINCHEY, Mr. REY- H.R. 1520: Mr. NORWOOD, Mr. CUNNINGHAM, NOLDS, Mr. MCNULTY, and Mr. RAN- Mr. YOUNG of Alaska: Committee on Ms. RIVERS, and Ms. MCKINNEY. GEL): Transportation and Infrastructure. H.R. 2804. H.R. 1577: Mr. FLAKE, Mr. WELDON of Flor- H.R. 3986. A bill to extend the period of A bill to designate the United States court- ida, Mr. HAYES, Mr. BOEHLERT, and Mr. availability of unemployment assistance house located at 95 Seventh Street in San GOODE. under the Robert T. Stafford Disaster Relief Francisco, California, as the ‘‘James R. H.R. 1598: Mr. BALLENGER, Ms. MCCOLLUM, and Emergency Assistance Act in the case of Browning United States Courthouse’’ (Rept. Mr. BOEHLERT, Mr. WICKER, and Mr. SAND- victims of the terrorist attacks of September 107–378). Referred to the House Calendar. ERS. 11, 2001; to the Committee on Transportation H.R. 1616: Ms. WATERS. f and Infrastructure. H.R. 1784: Mrs. MINK of Hawaii. By Mr. BEREUTER: REPORTED BILL SEQUENTIALLY H.R. 1904: Mr. CAPUANO, Mr. BACA, Mr. H.R. 3987. A bill to extend the authority of CUMMINGS, Mr. JACKSON of Illinois, and Mr. REFERRED the Export-Import Bank until April 30, 2002; HINCHEY. to the Committee on Financial Services. Under clause 2 of rule XII, bills and H.R. 1990: Mr. HOEFFEL. By Mr. GEKAS: reports were delivered to the Clerk for H.R. 2063: Mr. WU. H.R. 3988. A bill to amend title 36, United printing, and bills referred as follows: H.R. 2162: Ms. ROYBAL-ALLARD. States Code, to clarify the requirements for H.R. 2219: Mr. TIAHRT. Mr. BURTON: Committee on Government eligibility in the American Legion; to the Reform. H.R. 3925. A bill to establish an ex- Committee on the Judiciary. H.R. 2515: Mr. ROSS. change program between the Federal Gov- By Mrs. LOWEY: H.R. 2624: Mr. SMITH of Texas. ernment and the private sector in order to H.R. 3989. A bill to authorize additional ap- H.R. 2638: Mr. BLAGOJEVICH, Mr. SESSIONS, promote the development of expertise in in- propriations to the National Institutes of Mr. HEFLEY, Mr. CANTOR, and Mr. MASCARA. formation technology management, and for Health for research on the early detection of H.R. 2806: Mr. WELDON of Pennsylvania. other purposes, with an amendment; referred and the reduction of mortality rates attrib- H.R. 2874: Ms. LOFGREN. to the Committee on the Judiciary, and uted to breast cancer; to the Committee on H.R. 2931: Mr. BISHOP. Ways and Means for a period ending not later Energy and Commerce. H.R. 3113: Mr. WYNN. than March 19, 2002, for consideration of such By Mr. SHIMKUS (for himself and Mr. H.R. 3139: Mr. PLATTS. provisions of the bill and amendment as fall EVANS): H.R. 3236: Ms. PELOSI, Ms. DEGETTE, and within the jurisdiction of those committees H.R. 3990. A bill to provide for the applica- Mr. GEORGE MILLER of California. pursuant to clause 1(k) and (s), rule X. (Rept. tion of the Department of Veterans Affairs H.R. 3238: Mr. STUPAK. 107–379, Pt. 1). Ordered to be printed. benefit for government markers for marked H.R. 3244: Ms. NORTON and Mr. LARSON of f graves of veterans at private cemeteries to Connecticut. veterans dying on or after September 11, PUBLIC BILLS AND RESOLUTIONS H.R. 3340: Mr. PLATTS. 2001; to the Committee on Veterans’ Affairs. H.R. 3443: Mr. LIPINSKI and Ms. CARSON of Under clause 2 of rule XII, public By Mr. LATOURETTE (for himself and Indiana. bills and resolutions were introduced Mr. COSTELLO): H.R. 3524: Mr. GRUCCI. and severally referred, as follows: H. Con. Res. 354. Concurrent resolution au- H.R. 3569: Mr. BOSWELL. thorizing the use of the Capitol Grounds for H.R. 3669: Mr. HORN. By Mr. YOUNG of Alaska (for himself, the District of Columbia Special Olympics Mr. OBERSTAR, Mr. LOBIONDO, and H.R. 3694: Mr. HOUGHTON, Mrs. MORELLA, Law Enforcement Torch Run; to the Com- Mr. HULSHOF, Ms. PRYCE of Ohio, Mr. Ms. BROWN of Florida): mittee on Transportation and Infrastruc- H.R. 3983. A bill to ensure the security of HAYWORTH, and Mr. POMEROY. ture. H.R. 3698: Mr. TIAHRT. maritime transportation in the United By Mr. FERGUSON: States against acts of terrorism, and for H.R. 3825: Mr. SESSIONS, Mr. BALDACCI, and H. Con. Res. 355. Concurrent resolution Mr. FROST. other purposes; to the Committee on Trans- congratulating Hadassah, the Women’s Zion- H.R. 3831: Mr. HALL of Ohio, Mr. CALVERT, portation and Infrastructure. ist Organization of America, on its 90th anni- and Mr. FROST. By Mr. FERGUSON: versary and wishing the organization contin- H.R. 3836: Ms. HARMAN, Mr. SNYDER, and H.R. 3984. A bill to amend the Patriot Act ued success in its efforts on behalf of all peo- Mr. MCGOVERN. to permit an alien lawfully admitted for per- ple; to the Committee on Government Re- H.R. 3853: Mr. JEFF MILLER of Florida. manent residence whose spouse died as a re- form. sult of a terrorist activity on September 11, H.R. 3897: Mr. FILNER, Mr. DUNCAN, Mr. 2001, to apply for naturalization under the f ISAKSON, Mrs. ROUKEMA, Mr. ANDREWS, Mr. conditions that would have applied if such ADDITIONAL SPONSORS KOLBE, Mr. PAYNE, Mr. TURNER, Ms. RIVERS, death had not occurred; to the Committee on and Mr. KLECZKA. the Judiciary. Under clause 7 of rule XII, sponsors H.R. 3906: Mr. HONDA, Mr. FROST, Mr. By Mr. HAYWORTH (for himself and were added to public bills and resolu- FRANK, Mr. SCHROCK, and Mr. PENCE. Mr. PASTOR): tions as follows: H. Con. Res. 4: Mr. ROHRABACHER and Mr. H.R. 3985. A bill to amend the Act entitled H.R. 122: Mr. WALDEN of Oregon. TANCREDO. ‘‘An Act to authorize the leasing of re- H.R. 183: Mr. BERMAN and Mr. BALDACCI H. Con. Res. 99: Mr. BLAGOJEVICH, Ms. stricted Indian lands for public, religious, H.R. 218: Mr. CULBERSON and Mr. HOEFFEL. BROWN of Florida, Mr. MEEKS of New York, educational, recreational, residential, busi- H.R. 250: Mr. LINDER and Mr. HOEKSTRA. Mr. MATSUI, Mr. EVANS, and Mr. Berry. ness, and other purposes requiring the grant H.R. 274: Mr. SCHIFF. H. Con. Res. 199: Mr. MORAN of Kansas and of long-term leases‘‘, approved August 9, H.R. 608: Mr. BARCIA. Mr. KLECZKA. 1955, to provide for binding arbitration H.R. 632: Mr. BARTLETT of Maryland. H. Con. Res. 265: Mr. CHAMBLISS, Mr. BE- clauses in leases and contracts related to H.R. 951: Mr. SMITH of Washington, Mr. REUTER, Mr. TOWNS, Ms. HARMAN, Mr. DAVIS reservation lands of the Gila River Indian DIAZ-BALART, and Mr. DICKS. of Illinois, and Ms. JACKSON-LEE of Texas. Community; to the Committee on Resources. H.R. 1011: Mr. WHITFIELD, Ms. HOOLEY of H. Con. Res. 291: Mrs. BONO and Mrs. JO By Mr. QUINN (for himself, Mr. NAD- Oregon, Ms. MCKINNEY, Mr. DICKS, and Mr. ANN DAVIS of Virginia. LER, Mr. WALSH, Mrs. MALONEY of GRUCCI. H. Con. Res. 346: Mr. ANDREWS. E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 107 CONGRESS, SECOND SESSION

Vol. 148 WASHINGTON, MONDAY, MARCH 18, 2002 No. 31 Senate The Senate met at 3 p.m. and was RECOGNITION OF THE ACTING with respect to setting the vote at 5:50 called to order by the President pro MAJORITY LEADER p.m.? tempore (Mr. BYRD). The PRESIDENT pro tempore. The Without objection, it is so ordered. Senator from Nevada is recognized. Is there objection to the second re- PRAYER quest? f The Chaplain, Dr. Lloyd John Without objection, it is so ordered. Ogilvie, offered the following prayer: ORDER OF PROCEDURE The PRESIDENT pro tempore. The Dear God, a thousand years in Your Mr. REID. As if in executive session, Senator from Iowa, Mr. GRASSLEY. sight are like yesterday when it is I ask unanimous consent that the vote f past. Lord of Time, You divide our on confirmation of Executive Calendar TRADE PROMOTION AUTHORITY lives into years, months, weeks, and No. 705 occur at 5:50 p.m. today, with hours. As we live our lives, You make the remaining provisions of the pre- Mr. GRASSLEY. Mr. President, I rise us very conscious of the passage of vious order in effect. to speak on a subject that I hope will time, the shortness of time to accom- Mr. LOTT. Reserving the right to ob- be on the Senate’s agenda after we plish what we want, and our impa- ject, let me clarify if I may. We are come back from Easter recess, which I tience with other people’s priorities in moving the vote under this unanimous think starts at the end of this week. the use of time. We have learned that consent agreement from 6 p.m. to 5:50, That issue is Trade Promotion Author- work expands to fill the time available, and I assume, because we are moving ity for the President. but also that deadlines are a part of that vote to begin earlier—some Sen- It is time for the Senate to pass life. ators might have thought it would Trade Promotion Authority, not only Here we are at the beginning of a cru- begin at 6—if necessary we might delay for President Bush, because he has cial week before the Spring recess be- the conclusion somewhat. asked for it, but because every Presi- gins on Friday. Grant the Senators and Mr. REID. I say to my friend, it dent ought to have this authority. The their staffs an expeditious use of the would be the first time we ever delayed President needs this authority to help hours of this week to accomplish what a vote, but we will do that. in the reduction of non-tariff trade bar- really needs to be done. Help the par- Mr. LOTT. There is a first time for riers as well as tariffs and to negotiate ties work together to finish what is everything. international trade agreements. crucial for America. Grant us all an I withdraw my reservation. It has been over a decade since our acute sense of the value of time and Mr. REID. I ask unanimous consent Nation has had Trade Promotion Au- our accountability to You for using it we now proceed to a period of morning thority for the President. Since that wisely. We believe there is enough time business until 4:30 today. time, we have fallen further behind. in this week to do what You want done. I see the Republican leader. I ask he This map shows how far behind we are. We press on without pressure but with be allowed to speak first, of course, and It shows that the rest of the world is no promptness to Your timing. You are al- then Senator GRASSLEY wishes to longer going to stand around and wait ways on time, in time to help us in the speak for up to 8 minutes, and then for the United States to show leader- use of time. For You are our Lord and Senator BYRD would speak for up to 40 ship on trade. Saviour. Amen. minutes. Here you can see all these countries Mr. LOTT. Mr. President, we are ex- in red. That sea of red represents 111 f tending the morning business for an countries that are a party to more than PLEDGE OF ALLEGIANCE hour and a half; I presume that time 130 free trade agreements that do not The Honorable ROBERT C. BYRD led would be equally divided. include the United States of America. the Pledge of Allegiance, as follows: Mr. REID. We will do our best to The United States was not at the nego- I pledge allegiance to the Flag of the equally divide it. The only two speak- tiating table for these 130 free trade United States of America, and to the Repub- ers we know of are Senators GRASSLEY agreements. How many free trade lic for which it stands, one nation under God, and BYRD. But if someone comes in, we agreements do we have with other indivisible, with liberty and justice for all. will make sure the minority has equal countries? Three! f billing until 6 p.m. It could be hard to Until just last year, with the passage get Members over here. We hope others of the Jordan Free Trade Agreement, it RESERVATION OF LEADER TIME are coming. We will make sure we are had been over 6 years since the United The PRESIDENT pro tempore. Under as fair as we can in allocating the time. States enacted a free trade agreement the previous order, the leadership time The PRESIDENT pro tempore. Is with another country. Our failure to is reserved. there objection to the first request act, in fact, does make a difference.

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

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VerDate 11-MAY-2000 01:56 Mar 19, 2002 Jkt 099060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A18MR6.000 pfrm02 PsN: S18PT1 S1986 CONGRESSIONAL RECORD — SENATE March 18, 2002 While we stay on the sidelines, the nomic component to the President’s Trade Promotion Authority now as he rest of the world moves ahead, con- leadership, and that can come in part goes to the international conference at cluding an average of twenty new free through this President having Trade Monterey this week. It would be nice if trade agreements every year. The Eu- Promotion Authority. he had it as he is going to visit Peru; as ropean Union alone has signed pref- The Senate Finance Committee re- he is going to visit El Salvador. Wher- erential agreements with 27 countries ported Trade Promotion Authority out ever the President is going to go, this and is right now working on 15 more. of our committee last year in its usual issue always comes up. That means other countries are writing way of doing business, by a strong bi- As I talked to Bob Zoellick, the U.S. the rules of trade, and the United partisan vote of 18 to 3. I am confident Trade Representative who does our ne- States is not at the table. The rules when this bill comes to the floor it will gotiations, the fact that the President these other countries write are not de- receive bipartisan support from the en- does not have this authority weakens signed to benefit U.S. companies and tire Senate. our position at the international con- U.S. workers. When other countries So it is time to get this bill, Trade ferences we attend, particularly now as write the rules of trade, we lose. Promotion Authority, on the Senate we are beginning negotiations in Gene- In the absence of Trade Promotion floor and get it passed. Renewing Trade va, on what is called the Doha Round— Authority, we have allowed our foreign Promotion Authority will help level it was agreed to last November, a competitors to make deals that have the global playing field and create brand new round of negotiations that placed U.S. interests at a disadvantage. countless opportunities for our work- hopefully will be finalized for about 3 If we do not pass Trade Promotion Au- ers, our farmers, and our businesses. years—for the President to be credible thority soon, then we are going to con- I yield the floor. and his people to be credible at the ne- tinue to fall further and further be- The PRESIDING OFFICER. The mi- gotiating table, we must have Trade hind. We will sit on the sidelines and nority leader. Promotion Authority. our competitors will continue to make Mr. LOTT. Mr. President, may I in- Mr. LOTT. My impression is that deals that exclude us—it’s a game plan quire how much time is remaining on after we complete the energy legisla- for failure. Senator GRASSLEY’s request? tion, and presumably the campaign fi- Without Trade Promotion Authority, The PRESIDING OFFICER. There re- nance reform issue—I guess that could American negotiating power to bring main 45 seconds. be even after the Easter recess—the Mr. LOTT. I ask unanimous consent down trade barriers is severely limited. next order of business would be the he be allowed an additional 10 minutes Foreign competitors will continue to budget resolution. Then Senator so I may address some questions to weave a web of preferential trade and DASCHLE indicated we would go to him. investment opportunities for them- The PRESIDING OFFICER. Without trade at that point. I am not sure ex- selves, and we will fall further behind. objection, it is so ordered. actly what that means I presume some- American companies, workers, and Mr. LOTT. I thank my colleagues for time in late April or May. farmers are paying a high price for our allowing that. But I do agree we need to act on this inaction. Compared to their foreign Mr. President, I say to Senator legislation. It is very unfortunate we counterparts, U.S. exporters often face GRASSLEY from Iowa that I appreciate did not move the Andean Trade Pro- higher tariffs, higher costs, and greater his remarks today, and I appreciate the motion Authority, which has also been administrative delays, and even less fa- work he has done in this area. I know reported by the House and been re- vorable investment opportunities and he feels very strongly about the need ported out by the Finance Committee protection. for free trade and having open markets, but has not been cleared by the Senate. While other countries negotiate free but also that it be fair trade. The President will be going to Peru trade agreements, ensuring that their I know it is very important to a this very week. The ambassadors and products sail across borders tax free, State such as Iowa, which not only is foreign ministers and Presidents of American workers face high tariffs very much involved in the manufac- those countries, the Andean countries, that erode their competitive edge. turing area but particularly in agri- had requested this legislation be I will just give one example: Cater- culture because we could export a lot passed, and indicated to me it had gone pillar, a corporation headquartered in more of our agricultural products. So I beyond being an issue of trade; it had the State of Illinois. Caterpillar’s thank him for the position he takes as gotten to be a very serious political motor graders, made in the United a Senator from the great State of Iowa problem in those countries. I am won- States for export to Chile, face nearly but also as a leader on the Finance dering about what exactly is the U.S. $15,000 in tariffs whereas Caterpillar, Committee, both as former chairman commitment to opportunity, trade op- making those same motor graders in and now as ranking member. tions, and prosperity in those regions. Brazil for export to Chile, only face a I emphasize, once again, the point he Of the countries which Senator tariff of $3,700. That ought to get any- made that this Trade Promotion Au- GRASSLEY has listed, more and more body’s attention about the importance thority was reported out of the Fi- countries are trading with these coun- of negotiating down these barriers. nance Committee by a vote of 18 to 3, tries in Central and South America. We Further, when Caterpillar’s competi- which was a very wide, bipartisan vote. are really not in there the way we tors produce the same product in Can- I should note both the majority lead- should be. ada, it can be exported to Chile free of er and minority leader voted for that Recently, I had occasion to be in tariffs because of the Canada-Chile free package. Yet this bill has been lan- Spain, and I was surprised to find how trade agreement. guishing. The House passed this legis- much involvement Spain has in Central We cannot continue to put U.S. lation on December 6 of last year. I and South America, including, I be- workers at a disadvantage in the inter- think the Senate should have acted lieve, Spain owning the second largest national marketplace. Isolationism is a last year. It did not. I think it is im- bank in Central America. failed policy that damages U.S. inter- perative that we act within the near That is just one example of what has ests on many levels. This year the Sen- future. happened there. These countries have ate has the ability to reject this failed I inquire of Senator GRASSLEY, has an ever-growing number of free trade policy by bringing up and passing he been given any indication as to agreements. Yet the United States has Trade Promotion Authority. This is when this might come to the Senate only three trade agreements. not the time for us to take a pass on for full Senate action? Does he know Is that correct? policies that could enhance our global what commitments have been made? Mr. GRASSLEY. We negotiated three competitiveness and increase our eco- Mr. GRASSLEY. We were told some- trade agreements. Of these countries, nomic stature worldwide. time this spring. Spring is fleeting. 111 have negotiated 130 trade agree- Presidential leadership is very obvi- That is why I hope we can get a date ments. ous in the war on terrorism. We have a definite that it will be brought up and Mr. LOTT. Mr. President, I am also strong diplomatic component to that. it can be passed. very much worried. It appears that the We have a strong military component It will be particularly fruitful and way this will be brought to the floor, to that. But we also need a strong eco- beneficial to the President to have once again, is setting it up in such a

VerDate 11-MAY-2000 01:56 Mar 19, 2002 Jkt 099060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G18MR6.006 pfrm02 PsN: S18PT1 March 18, 2002 CONGRESSIONAL RECORD — SENATE S1987 way that the Senate may not be able to result on trade promotion authority. It American people were told that this act. On bill after bill, we have seen would be a tragic example if we do not government is doing all that it can to that recently. That happened with the succeed in this area. Once again, that strengthen our borders and make stimulus bill. It happened with agri- would mean the Senate has failed to do Americans safe. culture. We are not sure what the out- its work, especially after such good bi- But then this CNN report is unveiled, come is going to be on the energy bill. partisan work has been done in com- reinforcing the negative impression When you bring a bill to the floor, mittee. that most Americans have of our Na- and the substance of that bill is such I encourage Senator GRASSLEY and tion’s border security. that we have to write it on the floor of Senator BAUCUS to continue in the If the American people went to bed the Senate, that is a problem. But in spirit in which they reported this bill last Tuesday night in dismay over this the case of trade, I also see that we are from committee to the full Senate. latest INS debacle, they must have being told it has to be coupled with I yield the floor. been absolutely dumbfounded when trade adjustment assistance. Mr. GRASSLEY. Thank you, Mr. they awoke Wednesday morning to While there is a bipartisan feeling President. learn that the House of Representa- that there needs to be some assistance The PRESIDING OFFICER. The Sen- tives had passed, at the request of the available in dealing with dislocated ator from West Virginia is recognized. President, what amounts to an am- workers, at least on the interim basis, f nesty for hundreds of thousands of ille- it includes, for instance, health care gal aliens, many of whom have not un- OPPOSITION TO THE SECTION 245(i) provisions that are going to be ex- dergone any—any—background or se- PROVISION AND AMNESTY FOR tremely controversial. curity check. ILLEGAL ALIENS To say that bill has to come to the Supporters of the House-passed ex- floor providing COBRA health insur- Mr. BYRD. Mr. President, last week, tension of the so-called Section 245(i) ance provisions for trade adjustment CNN broke the news that, six months provision were quick to claim that it is assistance in order to get trade pro- after the attacks on the World Trade not an amnesty. The issue, they argue, motion authority is to set ourselves up Center and the Pentagon, the Immigra- is where you fill out your paper work— in such a way that it will be very tion and Naturalization Service finally here or abroad. That is nonsense— hard—and maybe even impossible —to provided a confirmation notice to a N-O-N-S-E-N-S-E, nonsense. Section get this very important legislation Florida flight school that two of the 245(i)—amnesty is amnesty—pure and through. suicide hijackers who died on Sep- simple. The section 245(i) provision, which Does Senator GRASSLEY care to com- tember 11 had been approved for stu- expired last April, allows undocu- ment on that? dent visas. Mr. GRASSLEY. It is a very divisive The American people must have been mented immigrants to seek permanent residency without leaving the United issue. As Senator LOTT brought up be shaking their heads in dismay. Cer- States, if—if—they pay a $1,000 fee and about tax benefits for COBRA insur- tainly many politicians viewed the in- have a close relative or employer spon- ance, there was divisiveness during the cident with incredulity and anger. Our sor them. Without the provision, these debate on economic stimulus, and it President said he was ‘‘plenty hot.’’ immigrants would be forced to leave kept economic stimulus from passing. The Attorney General promised an in- the country, and under tougher illegal It seems to me that a bill that was vestigation. Legislators and pundits immigration reforms passed in 1996, be voted out of committee by 18 to 3 have called for the restructuring—and barred from reentering for up to 10 should not be handled in any other even for the abolishment—of the INS. I find it hard to understand the ap- years. spirit than the spirit of that vote with- If waiving tougher penalties for ille- parent shock. That this incident oc- in the Finance Committee, which is gal aliens is not a form of amnesty, curred should come as no surprise to typical of the way the Senate ought to then I don’t know what is. work, and also a follow-on of how our anyone who has read anything in re- Those who support reviving the 245(i) committee has always worked to cent months about the inept manner in provision impress upon us that there produce good bills which have come out which our immigration system is ap- are many, many individuals who came of the committee most of the time with parently operating. In the aftermath of to this country legally, but became bipartisan support. the September 11 attacks, the Amer- lost in the huge backlog of paperwork In so many other areas other than ican people heard repeatedly about the at the Immigration and Naturalization just this one, I compliment my Demo- lapses in our immigration laws that al- Service. Thus their visas expired while crat counterpart, Senator BAUCUS, and lowed these terrorists to enter our they were awaiting the processing of his staff for trying to work through country. Three of the terrorists were in paperwork and they continued to live some of the disagreements that might the country on expired visas and in the United States illegally and unde- come up on the floor of the Senate. should have been deported. Countless tected. I think there is a terrible pressure for federal reports and investigations have I don’t doubt that many of these in- more to be done, and that it is going to concluded that INS is plagued by back- dividuals are well-meaning and have be divisive. I hope we can get past that. logs and delays. The agency has little attempted to follow the law. I recog- For instance, in the case of health in- sense of who is crossing our borders, nize that many of these individuals, if surance and incentives for the unem- and can’t track individuals once they not for some type of legal exemption, ployed to have health insurance, that are inside the country. will have to leave the country and be is a very worthy issue. But that ought As if to try to provide some logic for separated from their families. But we to come up in the context of dealing its bumbling, the INS said in a state- must not forget that three of the Sep- with the issue, as the President has ment last week that it had no informa- tember 11 terrorists were living in the presented it, of tax credits for all of the tion at the time that it approved these United States on expired visas. An ad- uninsured so they will be able to buy student visas that either man was tied ditional two terrorists—Mohammad health insurance. We should not take to terrorist groups. I hardly find any Atta and Marwan al-Shehhi tried to that issue up with the very narrow part comfort in that. It doesn’t explain why change their visa status while they of the unemployed because of the rela- Mohammed Atta’s visa extension kept were in the United States, and, thus, tionship to trade. That should come up winding its way through the bureau- were allowed to begin their flight as an issue for all of the uninsured, and cratic process for months after he be- training at a Florida school. And as we we should deal with that as a separate came recognized internationally as a learned in these last few days, not only issue. brutal terrorist. did the Immigration and Naturaliza- Mr. LOTT. Mr. President, I thank Since September 11th, the Adminis- tion Service never catch them, but Senator GRASSLEY for his comments. I tration has sought to reassure the months after September 11, the Immi- take this occasion to emphasize that American people that this government gration and Naturalization Service was particular point, and serve notice that was taking steps to reinforce that in- still issuing paperwork clearing the this could be an area of major concern visible barrier that ostensibly protects way for these two terrorists to enter and a serious problem in producing a our citizens from foreign threats. The the stream of American society.

VerDate 11-MAY-2000 01:56 Mar 19, 2002 Jkt 099060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G18MR6.008 pfrm02 PsN: S18PT1 S1988 CONGRESSIONAL RECORD — SENATE March 18, 2002 These terrorists weren’t hiding from States to complete the visa application The suggestion has also been raised the system, they were exploiting the process. that the House passed an extension of flaws in the system. Reviving the 245(i) These are serious concerns that the Section 245(i), and included it as part of provision reopens another crack in the Senate will need to address before it a so-called border security bill, to pres- system through which a potential ter- acts on this issue. The American people sure the Senate into quickly passing rorist can crawl. What the CNN story and the Congress should know the an- similar border security legislation that says to me is not that we should be swers to these questions. In fact, there is pending before it. Well, this Senator more lenient with visa applicants, but are a number of questions that ought from, West Virginia will not be pres- that we should be much tougher, with to be raised as we consider changes to sured into passing legislation. The Sen- visa applicants. our immigration system, but I am be- ate is a deliberative body. Senators The section 245(i) provision poses a coming increasingly doubtful that the have a responsibility to consider and to dangerous risk to our border security administration really wants to provide throughly debate legislation that by compromising the all-important the answers. comes before this body, especially leg- State Department background checks The administration has been very islation that raises as many concerns being conducted on potential immi- quiet about its reasons for asking the as section 245(i). I raise these concerns grants in their home countries. By al- Congress to renew the 245(i) provision. and I shall continue to raise them. The lowing hundreds of thousands of illegal The White House issued only a three- administration chose not to address aliens to apply for permanent resi- paragraph statement last week in sup- these concerns last week when the dency in our country, section 245(i) al- porting the House-passed extension of House acted on the 245(i) provision. lows them to sidestep face-to-face 245(i), which states in the first para- Mr. President, the American people interviews at U.S. consulates in their graph: and the Congress cannot be expected to own countries. U.S. consular officers The Administration strongly supports have confidence in our efforts to secure abroad offer unmatched expertise in House passage of H.R. 1885 . . . This legisla- our borders, if they see the administra- their host country’s social conditions. tion reflects the Administration’s philosophy tion advocating legislation that seems They are knowledgeable of police that government policies should recognize to fly in the face of tighter border secu- records. They are knowledgeable of the importance of families and help to rity. The administration must explain strengthen them. fraudulent document operations. They why, on the same day that the Home- are knowledgeable of political extrem- Mr. President, I support recognizing land Security Director would issue an ist groups. Under section 245(i), U.S. the importance of families. I am sure elevated state of alert, the White consulate officers would not fully exer- that every Senator here is all for fami- House would push through the House cise this expertise in screening immi- lies. In fact, I have yet to meet an anti- an amnesty for illegal aliens that grants for permanent residency. family politician. would weaken our visa screening proc- Supporters of the 245(i) provision will But this Government’s first obliga- esses. Doesn’t make much sense, does tell us that we can rely on a thorough tion, especially in light of what hap- it? The right hand seems not to know INS background check. Ha-ha. Don’t pened on September 11, ought to be what the left hand is doing. forget that if the visa applicants fail that of protection of American fami- It is lunacy—sheer lunacy—that the the INS security check, they are al- lies, and the 245(i) provision does not President would request, and the House ready inside the country. If they fail meet that test in the wake of Sep- would pass, such an amnesty at this that check, they are already inside this tember 11. time. That point seems obvious to the country. And because of the ineptitude Last week, the Homeland Security American people, if not to the adminis- of the INS, they may have been living Director unveiled a color-coded system tration. in this country for months and, who to alert Americans of varying levels of I yield the floor and suggest the ab- knows, perhaps years. We cannot afford terrorism threats. Governor Ridge sence of a quorum. to have a weaker visa screening stand- warned that the United States remains The PRESIDING OFFICER. The ard for illegal aliens who are given the on an elevated threat level and that clerk will call the roll. opportunity to permanently reside in the corresponding yellow light signifies The legislative clerk proceeded to our country. that there is still a ‘‘significant call the roll. Moreover, an extension of the 245(i) threat’’ of a terrorist attack. Cer- Mr. GRASSLEY. Mr. President, I ask provision would contribute signifi- tainly, the administration would want unanimous consent that the order for cantly to the INS’ dangerously over- to explain to the American people, as the quorum call be rescinded. loaded processing backlog. The Immi- well as to the Congress, why an am- The PRESIDING OFFICER. Without gration and Naturalization Service cur- nesty that streamlines and shortcuts objection, it is so ordered. rently faces a backlog of roughly 4 mil- background checks for illegal aliens is f lion cases, and we can expect an addi- not a threat to our domestic security. tional half a million visa application The suggestion has been raised in the DEPARTMENT OF DEFENSE filings if section 245(i) is revived. The media that the House passed this am- CREDIT CARD USE fact that the INS is notifying a Florida nesty, at the President’s request, so Mr. GRASSLEY. Mr. President, it is flight school of Mohammed Atta’s stu- that Mr. Bush would have a legislative quite obvious to everybody that the dent visa approval 6 months after the achievement to tout at his meeting United States is at war and that every September 11 attacks clearly suggests with Mexican President Vicente Fox effort must be made to support our that the Immigration and Naturaliza- this week. The broader amnesty for 3 men and women in uniform, particu- tion Service cannot handle further in- million illegal Mexican immigrants larly those who are putting their lives creases in its workload. What’s more, that the President proposed prior to on the line. And who knows, that it does not make a whit of sense to the September 11 attacks has been in- might be anybody who is in the mili- place these new obligations on an agen- definitely shelved, and it has been sug- tary at a time of war. You don’t go to cy that both the administration and gested that an extension of the section war if you don’t go to war to win. Members of Congress are suggesting 245(i) provision is a substitute for that It is with some frustration that I ad- will undergo dramatic reforms in the proposal. Last week the Washington dress the Senate on a problem within coming months. Times quoted the majority whip in the the Department of Defense where it All of that is to say nothing about other body as saying, ‘‘The president seems as if everybody is not pulling to- the message that we send abroad to po- says he needs it, and we’re going to do gether as a team ought to pull together tential immigrants who are waiting pa- it.’’ The paper also quoted a Repub- in order to win the war. tiently to legally enter this country. lican aide saying, ‘‘That’s the only rea- I want to share my views on the lat- Section 245(i) acts as an incentive, a son we’re doing it. What the president est results of an ongoing oversight in- lure, for illegal immigration by sug- wants, the president gets.’’ vestigation of the Department of De- gesting that it is quicker and more I hope that is not the case. I hope fense credit card use. This is a joint ef- convenient to enter the country ille- that party politics is not the sole con- fort supported by the General Account- gally than to wait outside the United sideration in a matter as grave as this. ing Office. I have had the privilege of

VerDate 11-MAY-2000 01:17 Mar 19, 2002 Jkt 099060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G18MR6.020 pfrm02 PsN: S18PT1 March 18, 2002 CONGRESSIONAL RECORD — SENATE S1989 teaming up with Congressman HORN of some responsibility. That authority payers or the bank gets stuck with the California on this issue. What we are carries heavy responsibilities. bill, depending upon which card is used. trying to do is put the spotlight on a Unfortunately, this awesome respon- So in the case of the purchase card, very costly problem at the Department sibility is not taken very seriously at when shopping is done, the Govern- of Defense. The Pentagon is a bureau- the Pentagon. That criticism is not di- ment is responsible for paying the bill, cratic place and, as most bureaucratic rected at Secretary Rumsfeld. He is and most bills are paid promptly with places, if there are problems, the glare trying hard to clean up a longstanding no questions asked. With a purchase of the public spotlight is never wel- financial mess. My criticism is directed card, the taxpayers get shafted up- come. But shedding light is the heart at the bureaucrats who are supposed to front. To my knowledge, the Govern- and soul of one of our most important oversee the program. The Department ment has never asked anyone to return responsibilities as Members of Con- of Defense credit cards are issued an unauthorized purchase or repay the gress, and that is to do oversight and willy-nilly with no credit checks. Just money, even when abuse is known to make sure the laws are faithfully exe- think of that—credit cards to people the authorities. cuted and that the money is spent ac- who are not given credit checks. The In the case of travel cards, by com- cording to the intent of Congress. Too results are predictable. The cards are parison, the responsibility of the indi- often, we just spend our time worrying being abused with impunity. The De- vidual cardholder goes with the travel about passing laws rather than making partment of Defense credit cards are card expenses. The taxpayer at this sure laws are followed and money is being taken on shopping sprees and the point is out of the loop, at least up- spent according to the intent of Con- cardholders think they are immune front, but I will tell you how they get gress. So oversight is very important. from punishment. The sad commentary stuck in the end. This is a way of bringing exposure to is that they are immune from punish- When the cardholder of a travel card problems, and exposure is a great rem- ment. They should not be, but they are. incurs legitimate travel expenses, that edy enhancer. Every time I peer into That is the way it works out, I guess. person is supposed to file a travel the inner recesses of the Department of We have zero accountability with voucher, get reimbursed, and then pass Defense credit card account, I see more purchase cards and zero accountability the money on to the bank; in this case, abuse and fraud and that makes me ask with travel cards—until recently. the Bank of America has all these cred- myself: How bad can it really get? So There is a little improvement in the it cards. we need to keep the spotlight on full area of travel cards. Now, the fact that All too often, the cardholder simply power and the beam focused until we there is zero accountability is a root pockets the money, the tax dollars, and get to the bottom of the pit and figure cause of the problem. That is why we then the bank, when the cardholder out what needs to be done. have to be overseeing this issue regu- does not pay the bill, is left holding the Today there are 1.7 million Depart- larly—because of the lack of account- bag. When the travel card is used to ment of Defense credit cards in circula- ability. If there was accountability, cover personal expenses, which happens tion that generate over $9 billion in ex- none of this would be happening. with alarming regularity, those bills penditures annually. There are two The General Accounting Office is re- are paid late, very late, sometimes types of credit cards: purchase cards porting on how bad the problem really never, and in this case the military and travel cards. There are 1.4 million is. The General Accounting Office has personnel or the Department of De- travel cards versus only 200,500 pur- examined 300 transactions at two Navy fense employees have no interest chase cards. Most of the dollars, how- offices in San Diego. Now, just 300 charges, so the abuser gets an interest- ever, are on purchase card trans- transactions might sound to be too lit- free loan. actions, albeit that there is only about tle to draw some conclusions, but the The bank has equipped the Pentagon 12 percent as many purchase cards as results just from those 300 are dev- with an antifraud detection device. It travel cards. So we have $6.1 billion per astating and supports the evidence of a is called EAGLS. It gives agency pro- year generated versus $3 billion for the lack of accountability. Despite such a gram coordinators an online capability travel cards. small sample, the General Accounting to detect unauthorized transactions on A credit card, as everybody knows, is Office has uncovered extensive fraud any account, and it only takes a second a financial instrument. It is, in fact, a and abuse, and more is being found to determine if a trooper is getting license to spend money. Every shred of each day. cash at a local ATM machine without evidence that I have seen says that the This is the tip of the iceberg, and orders, but it does not work because no internal controls at the Pentagon are here is a sample of how these credit one is minding the store. weak or nonexistent. Credit cards in a cards are abused: in bars, strip joints, As I said at a hearing last July when zero-controlled environment are very and gambling casinos; for large cash I first brought this up, if the Pentagon dangerous and not very good for the withdrawals from ATM machines; knows this is happening and if the Pen- taxpayers of this country. That means clothing at upscale department stores, tagon does nothing, it seems to me there is an army of 1.7 million strong, such as Macy’s and Nordstrom; de- that makes the Department of Defense authorized to spend money with no signer leather goods and expensive lug- party to this bank robbery, and the checks and balances. The potential for gage; gift certificates, $1,500 each; $200 robbery is still in progress. abuse and fraud is virtually unlimited. robots at Toys ’R Us; groceries, kitch- We have a bank upfront sustaining I understand the thinking behind the en appliances, and home computers. unacceptable losses and all consumers credit cards when they were first put Get this. They were even used for doing business with that bank pay out by the Defense Department. That breast enlargement operations. You higher prices, and in the end the tax- thinking and the theory behind it is name it, it seems as if the people who payers get shafted, too, because when very good. Unfortunately, it is the exe- have these credit cards do it, and it is the bank has to write off this bad debt, cution that is so poor. We want the all personal business. If they need it, it is written off as a business expense men and women serving in the Armed they buy it with Department of De- and that bank pays less corporate Forces to have the tools they need to fense plastic, and they keep what they taxes to the Federal Treasury. carry out their duties effectively. A buy, no questions asked. The only difference with the pur- credit card is one of those modern de- Now, there is a proposal to raise the chase card is the taxpayers get shafted vices that is supposed to make it easier purchase limit from $2,500—where it is upfront. In the case of Bank of America for them to get the job done quickly now—to $25,000. As I see it, if that price being shafted first, if they have to and effectively, without a whole lot of goes up, if that purchase limit goes up, write this off as bad debt—and there is wasteful paperwork. Who is going to new cars and homes are next, rather a lot of bad debt—they do not pay as argue with Government having less pa- than groceries and home computers. much taxes, and so the taxpayers pay perwork? But in simplifying the travel The General Accounting Office’s 300- anyway. and purchase processors, each card- transaction sample, with just 300 peo- The bank has reached a breaking holder is given the authority to spend ple being investigated, yielded over a point. Remember, this is the Bank of money. The authority to spend money half million dollars in fraudulent and America. It is losing too much money. in the name of the taxpayers is an awe- abusive purchases. Either the tax- So on February 11, 2001, the bank fired

VerDate 11-MAY-2000 01:17 Mar 19, 2002 Jkt 099060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G18MR6.011 pfrm02 PsN: S18PT1 S1990 CONGRESSIONAL RECORD — SENATE March 18, 2002 a warning shot across the bow. The Today the Department of Defense has Credit card abuse in the military will bank is turning up the pressure. It de- outstanding balances of $370 million. never stop until officers clean up their clared its intent to cancel the U.S. About 30 percent of the dollars owed act. I have provided a list of these 713 Army account, 413,029 of these cards at for official travel expenses are more commissioned officers who defaulted midnight, this month, this year. That than 30 days past due, and 15 percent on their accounts, along with the un- got somebody’s attention in a hurry, are 60 days past due. One in five De- paid balance for each officer. I have and negotiations are underway between partment of Defense accounts is over- also sent a letter to Secretary Rums- the Bank of America and the Depart- due for payment. That is four to five feld because I want him to see the list ment of Defense. times the industry average. and determine what action should be Mr. President, you might say there is The 3-month gap between the pay- taken in this matter because officers a glimmer of hope on the horizon, and ment due date and offsets means the should be setting an example, although the reason for hope comes from a bank has to float a loan—it is a free anybody who commits this sort of ac- brandnew Department of Defense pol- loan for Department of Defense abus- tion is doing wrong, particularly in icy called salary offsets. One might ers—that costs the bank $4 million to time of war when every resource we call it garnishment of salary. $5 million a year. have in the Defense Department and Before I explain this new policy, it is Wouldn’t you like to get an interest- elsewhere ought to go towards winning important to understand why the De- free loan this way by using a Govern- that war. partment of Defense travel card pro- ment credit card? One last example: The General Ac- gram is teetering on the brink of dis- A prime driver behind delinquencies counting Office has uncovered a dis- aster. is the use of the card to cover personal turbing case involving alleged purchase As of November last year, 46,572 De- expenses. Mr. President, you may re- and travel card fraud by one person, partment of Defense personnel had de- member I mentioned several cases in a Ms. Tanya Mays. She was assigned to faulted on more than $62 million in of- speech last year about egregious abuse the Navy Public Works Department ficial travel expenses, and the bad debt of the Department of Defense credit San Diego. Ms. Mays took her purchase was growing at the rate of $1 million cards. There is the case of Marine Sgt. card on a Christmas shopping spree, per month, making the Department of A. Lopez who ran up a $19,581 bill for and in a few short days ran up a bill of Defense default rate six times the in- personal expenses and then left the $11,551 at Macy’s, Nordstrom, and Cir- dustry average. service and the unpaid bill when his en- cuit City. She bought gift certificates Here is a government, which is sup- listment was up. worth $7,500, a Compaq computer, posed to be setting a good example, We have a person by the name of P. Amana range, groceries, and clothing, having a default rate six times what Falcon, Army, with an unpaid bill of all at taxpayer expense. the bank would normally expect from $9,847, including $3,100 spent at a night- She presented the bill to her Navy anybody else using credit cards. club. We have a dead sailor named T. supervisor who signed and certified for For a business that is interested in Hayes who spent $3,521; Q. Rivera, payment, and it was paid in full. She profit, a pile of bad debt, like what I Army Reserve, whose wife spent $13,011 also used her travel card to buy airline am talking about, with no account- on a shopping spree in Puerto Rico. tickets for her son that cost another ability makes for an intolerable situa- And we have R. Walker, Air National $722. When Ms. Mays left the Public tion. Something had to give. Guard, with an unpaid balance of $7,428, Works Department, she was allowed to In October of last year, the bank and including his wife’s gambling debts. keep her purchase card. I guess they Department of Defense agreed to take Now, in the past 8 months, since this figured she might need it again, and action. The salary offset program was was exposed, only one of these ac- they were right. She did, this time for born. There are now 31,579 accounts en- counts has been paid off, and that was a personal car rental, and Public Works rolled in the offset program; in other P. Falcon, who had the bill for $9,847, gladly paid the bill. words, a garnishment of wages. So far, including $3,100 spent at the nightclub. I find this Mays case very trouble- the offset payments total $5.2 million. He has paid his bill. Every expense some. She has allegedly made a number Salary offsets provide some measure posted to his account was personal. of fraudulent purchases. Yet there of accountability, but there are limita- However, he is under investigation. seems to be a total disregard for ac- tions. For one, the money was taken The others have the same large, un- countability. Ms. Mays has not been from the bank in big chunks, but it is paid balances that I told my colleagues asked to repay the money she allegedly repaid in little dribbles here and there about last July. Some are under inves- stole. No disciplinary action has been over a long period of time. There are tigation. More aggressive offsets and taken. In fact, she was moved to a big- loopholes. Ten percent of the unpaid late fees might help to bring this kind ger job and given a promotion in Octo- accounts will slip right through the net of abuse to a screeching halt. I hope ber 2001. She is now assigned to the due to retirements, bankruptcies, and the Defense Department proceeds down Army’s top level financial management dollar offset limits. The bank still ex- that course. office in the Pentagon, and I am told pects about $2 million to $4 million a Some real leadership at the top she is in charge of cash integration. year to fall through the cracks and be would also help. One of the most pow- When one of these cases is put under written off as bad debt, but that is con- erful elements of leadership is a setting a microscope, it seems as if the whole sidered somewhat better because that of examples of excellence. Setting a problem comes into sharper focus. is consistent with the industry aver- good example should include paying Her case is not unique. There is an- age. credit card bills on time. other one. I am going to call him Nick. In addition, most of the older ac- Officers in our military branches His last name is Fungcharoen. I am not counts in default will never be cap- should always set the example. Unfor- going to repeat that, obviously. He tured by offsets. The bank will still tunately, the bad news is there are 713 used his travel card exclusively for per- have to eat $40 million of unrecover- commissioned officers who have de- sonal expenses. Over a period of 2 able debt. Even though there is not any faulted on $1.1 million in charges. All years, he charged nearly $35,000, includ- hard data yet, the bank expects salary of these accounts are in chargeoff sta- ing medical expenses of $4,000. On the offsets to reduce the default rate, in tus or unpaid for 7 months or more. surface, it appears as if he spent most their words, to negligible levels. That The rank of these officers ranges from of the money romancing a waitress he is the good news, but there is still bad junior lieutenants up to senior colonels met at the Hooter’s Bar and Grill in news. and a Navy captain. Individual unpaid Jacksonville, FL. Her name was Jen- Salary offsets are having little or no balances top out at $8,000. Some of the nifer Gilpin. effect on the high delinquency rates. charges on these accounts look sus- After they got to know each other, Delinquencies have actually risen since picious and need investigation. she asked him for money to have her the salary offset policy has been put in Commissioned officers who run up breast enlargement operation. He place. That is because offsets do not $1.1 million in bad debts set a terrible agreed and took her to a surgeon. Dr. kick in for 120-plus days, 4 months past example for the rank and file. Some- John J. Obi, M.D., performed the oper- billing. Payments are due within 30 body over in the Pentagon needs to ation, and Nick used his Department of days of billing. come down hard on officer scofflaws. Defense credit card to pay the bill.

VerDate 11-MAY-2000 01:17 Mar 19, 2002 Jkt 099060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G18MR6.013 pfrm02 PsN: S18PT1 March 18, 2002 CONGRESSIONAL RECORD — SENATE S1991 When the relationship soured, the The assistant legislative clerk read about it, the way the soft money and case ended up in small claims court. as follows: issue ad loopholes are being abused Nick had retired on disability and A bill (H.R. 2356) to amend the Federal today has devastated the campaign fi- wanted his money back. The judge be- Election Campaign Act of 1971 to provide bi- nance system. More than that, these came alarmed that Nick testified partisan campaign reform. loopholes have weakened the effective- proudly he had used his government- The PRESIDING OFFICER. The Sen- ness of this body and cast doubt on the issued credit card to pay the doctor. ator from Wisconsin is recognized. work we do. They have weakened the Nick whipped out the card in the court- Mr. FEINGOLD. Mr. President, today public’s trust in government; in a very room and showed it to the judge. The with the opening of this debate, we real sense, they have weakened our de- judge examined the card and read the take the first step toward passing the mocracy. inscription that says, ‘‘for official gov- McCain-Feingold/Shays-Meehan bill in I know many of us here are tired of ernment travel only.’’ the Senate and take one of the final seeing headlines that imply that legis- The judge stated in total disbelief, steps toward banning soft money. lative outcomes here are not a result of ‘‘You paid for this breast enlargement I am grateful for all the hard work our own will or good judgment, but a with a government credit card?’’ that has brought us to this moment—of result of our desire to please wealthy After the revelation, the judge sim- course, the work done by the reform donors. We are tired of those headlines, ply said, ‘‘Let’s not go there.’’ community, the work done by the out- and so are the American people. The That case is unique. It is unique be- standing leaders in the other body to people know that the system can func- cause the cardholder paid his bill, pass this bill last month, and, most of tion better when soft money doesn’t though not always on time. So I have all, the work done by my colleagues render our hard money limits meaning- two problems with all of that. here in the Senate, under the leader- less, and when phony issue ads don’t The point is, we have to get this ship of Senator MCCAIN of Arizona. make a joke of our election laws. And A year ago, we had an excellent de- stopped. We have to make sure all of they also know that this is our best bate about campaign finance reform the resources of the Defense Depart- chance in years to do something to ef- here on this floor. In fact, it began al- ment are not used for playing games fect real change. with government credit cards but are most exactly a year ago, on March 19. This week we can show them, just as used to make sure we win the war on We had an outstanding exchange of we did a year ago in this Senate, that terrorism. ideas, we held numerous votes, and we we are ready for change, and that we I yield the floor. worked hard on both sides of the issue. are going to make that change happen. The PRESIDING OFFICER (Mr. JEF- I believe that that debate enriched this As we embark on this discussion FORDS). The Senator from Indiana is body, and that it enriched the McCain- about campaign finance reform on the recognized. Feingold bill. floor today, it is remarkable how much In the end, the will of the Senate was Mr. LUGAR. Mr. President, I ask has changed since the Senator from Ar- done, and we passed the bill in a strong unanimous consent that I be allowed to izona and I introduced this bill in Sep- bipartisan vote of 59–41. A year later, speak for 25 minutes. tember of 1995, and even since we stood we are here again on the floor working The PRESIDING OFFICER. Without here a year ago. Both sides of Capitol to pass reform. But this time it is dif- objection, it is so ordered. Hill have finally acknowledged the de- ferent. This time, we already know The Senator from Indiana is recog- mand of the American people that we nized. where the Senate stands. And we know that all that stands between this bill ban soft money contributions, after Mr. LUGAR. I thank the Chair. years of soft money scandals and em- (The remarks of Mr. LUGAR per- and the President’s desk is the Sen- ate’s final consideration of the bill this barrassments that have chipped away taining to the introduction of S. 2026 at the integrity of this body. are located in today’s RECORD under week. With the strong vote for McCain- As many commentators have noted, ‘‘Statements on Introduced bills and the collapse of Enron gave the cam- Joint Resolutions.’’) Feingold last year, the Senate recog- nized the importance of our responsi- paign finance reform issue momentum Mr. LUGAR. Mr. President, I yield prior to the House vote in February. the floor. I suggest the absence of a bility as representatives of the people and as stewards of democracy. As long But I would note that our effort has quorum. been given momentum by many other The PRESIDING OFFICER. The as we allow soft money to exist, we risk damaging our credibility when we campaign finance scandals that have clerk will call the roll. occurred just in the last few years. I The assistant legislative clerk pro- make the decisions about the issues think they are actually more than we ceeded to call the roll. that the people elected us to make. care to remember. Mr. REID. Mr. President, I ask unan- The people sent us here to wrestle Soft money has had an increasingly imous consent that the order for the with some very tough issues. They prominent role in party fundraising quorum call be rescinded. have vested us with the power to make over the last 12 years. In 1988 the par- The PRESIDING OFFICER. Without decisions that have a profound impact ties began raising $100,000 contribu- objection, it is so ordered. on their lives. That is a responsibility Mr. REID. Mr. President, if morning that we take very seriously. But today, tions for the Bush and Dukakis cam- business is closed, what would be the when we weigh the pros and cons of paigns—an amount unheard of before order before the Senate? legislation, many people think we also the 1988 race. By the 1992 election, the The PRESIDING OFFICER. Under weigh the size of the contributions we year I was elected to this body, soft the previous order, the Senate would got from interests on both sides of the money fundraising by the major par- proceed to H.R. 2356. issue. And when those contributions ties had doubled, rising to $86 million. In successive election cycles the f can be a million dollars, or even more, it seems obvious to most people that amount of soft money raised by the CONCLUSION OF MORNING we would reward, or at least listen es- parties has simply skyrocketed. In 2000 BUSINESS pecially carefully to, our biggest do- soft money totals were more than five Mr. REID. Is there any more time for nors. times what they were in 1992. It was al- morning business? So a year ago we voted to change the ready a lot in 1992. In 2000, it was five The PRESIDING OFFICER. There is system. And now, both bodies have times already what it had been 8 years not. fully and fairly debated the issues and earlier. Mr. REID. Mr. President, I ask for discussed the merits of this bill. We And along with the money, came the the regular order. have given this important issue the scandals—soft money and scandals f time and consideration it deserves. have gone hand in hand for more than Now, very simply, it is time to get the a decade now. First, the mere fact that BIPARTISAN CAMPAIGN REFORM job done. It is time to get this bill to soft money was being raised in such ACT OF 2002 the President. enormous amounts was a scandal in The PRESIDING OFFICER. The I believe the Senate is ready to repair the early 1990s. But then we had the clerk will report the bill by title. a broken system. And make no mistake Lincoln Bedroom, and the White House

VerDate 11-MAY-2000 01:17 Mar 19, 2002 Jkt 099060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G18MR6.016 pfrm02 PsN: S18PT1 S1992 CONGRESSIONAL RECORD — SENATE March 18, 2002 Coffees, and Charlie Trie and John illustrate the permanent conflict of in- EXHIBIT NO. 1 Huang and Johnny Chung. And then, of terest—the permanent conflict of inter- THE BIPARTISAN CAMPAIGN REFORM ACT OF course, the Presidential pardons com- est—that unlimited soft money con- 2002—SECTION BY SECTION ANALYSIS ing under suspicion at the conclusion tributions to the parties have created TITLE I: REDUCTION OF SPECIAL of the Clinton administration. We for elected officials in the Capitol and INTEREST INFLUENCE faced questions in this body as we con- at the White House. Both parties have Sec. 101(a). Soft Money of Political Par- sidered bills regulating tobacco and gladly accepted Enron’s soft money ties. Creates new Section 323 of the Federal telecommunications and the Patients’ contributions over the years, and now Election Campaign Act (FECA) to prohibit soft money in federal elections. Bill of Rights, while at the same time those contributions are compromising Sec. 323(a). National Committees. Pro- we raised soft money from the indus- our ability to address the Enron col- hibits national party committees and enti- tries and interest groups that had a lapse, and countless other issues that ties controlled by the parties from raising, huge stake in those bills. The public come before the Congress. More than spending, or transferring money that is not watched with increasing skepticism as that—more than that—they com- subject to the limitations, prohibitions, and we appeared to act—or fail to act—on promise the public’s confidence in our reporting requirements of the FECA (i.e., legislation based on the demands of ability, and our will, to do anything soft money). wealthy soft money donors. With the about it. Sec. 323(b). State, District and Local Com- mittees. Subject to the Levin amendment, enormous influx of soft money being While eliminating soft money will requires any money spent on ‘‘Federal elec- raised by both parties, with every vote not cure the campaign finance system tion activities’’ by state or local parties, and we cast the public wondered, and had of every ill, it will, in fact, end a sys- entities controlled or acting on behalf of reason to wonder, was it the money? tem of unlimited donations that has those parties or an association of state or Of course of late we have seen yet an- blatantly put political access and in- local candidates to be subject to the limita- other scandal take shape—the Enron fluence up for sale. Enron is just one in tions, prohibitions, and reporting require- debacle. As the Enron story unfolded, I a long line of corporations, unions, and ments of the FECA (i.e., hard money.) This think many of us were reminded why wealthy individuals that has exploited will close the state party loophole. ‘‘Federal the Supreme Court, in its famous 1976 election activities’’ are defined in Section the soft money loophole to buy influ- 101(b) of the bill. Buckley versus Valeo decision, said ence with Congress and the executive Under the Levin amendment, the section that the appearance of corruption, not branch at the very highest levels. So permits state or local parties to spend soft just corruption itself, justifies congres- banning soft money will help to untan- money on voter registration and get out the sional action to place some limits on gle the web of money and influence vote activity that does not mention a federal our campaign finance system. that has made Congress and the White candidate as long as no single soft money In the Buckley case, the Supreme House so vulnerable to the appearance donor gives more than $10,000 per year to any Court understood that public mistrust of corruption for far too long. state or local party organization for such of government is destructive to democ- purposes, the money is not spent on broad- In the coming days we will face the cast advertising other than ads that solely racy. From a constitutional point of final test of this long legislative battle mention state or local candidates, the money view, it hardly matters whether that and take our final steps toward enact- is not raised by federal candidates, national mistrust is based on actual misconduct ing these hard-fought reforms into law. parties, or party committees acting jointly. or simply its appearance. Passing campaign finance reform is The spending of this money will require an In the case of Enron’s collapse, the within our grasp, and so, finally, is a allocation of hard money to soft money. The need to address public mistrust has renewed integrity for our democratic state or local party organization must raise been paramount for Congress and the process. the hard and soft money for this allocation administration as they have inves- Of course, while the soft money ban on its own, and money to be spent under this tigated the company’s alleged wrong- provision may not be transferred between is central to the bill, and is the most party organizations. doing. When a corporation such as important feature of the bill, this bill Sec. 323(c). Fundraising Costs. Requires na- Enron leaves devastated employees and contains reforms on a variety of other tional, state, and local parties to use hard fleeced shareholders in its wake, the issues. money to raise money that will be used on public depends on us—on Congress and I say to the Presiding Officer, of Federal election activities, as defined by the the administration—to determine what course, you were one of the principal bill. went wrong and defend the public in- authors of very important provisions Sec. 323(d). Tax-Exempt Organizations. terest. But the potential for a conflict Prohibits national, state, and local parties relating to so-called phony issue ads or entities controlled by such parties from of interest in a case such as this is that make the bill even stronger. making contributions to or soliciting dona- clear: Many of the elected officials who A number of amendments were added tions for 501(c) organizations which spend were asked to sit in judgment of Enron, on the Senate floor last year that im- money in connection with federal elections including Members of Congress, the At- proved and strengthened the bill. Al- or 527 organizations (other than entities that torney General, and the President of most all of them are in the bill now be- are political committees under the FECA, the United States, have been accepting, fore us that we hope, by the end of the state/district/local party committees, or and even asking for, campaign con- week, will be sent to the President. state or local candidates’ campaign commit- tributions from Enron for years. And Mr. President, I ask unanimous con- tees). This provision will prevent the parties from collecting soft money and laundering it the political parties have pocketed sent that a section-by-section analysis through other organizations engaged in fed- more than $3.5 million in unregulated, of the bill be printed in the RECORD im- eral electioneering. unlimited soft money from Enron since mediately following my statement. Sec. 323(e). Federal Candidates. Prohibits 1991. The PRESIDING OFFICER. Without federal candidates or individuals holding fed- Congress has moved forward with the objection, it is so ordered. eral office and any entities established, fi- investigations into Enron’s conduct, (See exhibit 1.) nanced, controlled, or acting on behalf of despite the potential conflict of inter- Mr. FEINGOLD. Thank you, Mr. such candidates or officeholders from raising est the political contributions might President. or spending soft money in connection with Mr. President, the debate is finally federal elections. The restrictions of this pose. The reality is that this is all too section do not apply to federal officeholders familiar territory for Congress. Every here. Our bipartisan coalition is strong who are running for state office and spending day Members of Congress accept huge and resolute. And the moment for re- non-Federal money on their own elections, campaign contributions with one hand form has arrived. so long as they do not mention other federal and vote on issues affecting their con- After 61⁄2 years of work on this bill, candidates who are on the ballot in the same tributors with the other. And, every and more than a decade of scandals election and are not their opponents for day the public naturally questions that have threatened the integrity of state office. The restrictions also do not pre- whether their Representatives are giv- our legislative process, I do believe this vent a federal candidate or officeholder from body is ready to get the job done for attending, speaking at, or appearing as a fea- ing special treatment to the wealthy tured guest at a fundraising event for a state interests that fund their campaigns the American people. I believe the or local political party. and bankroll their political parties. American people have waited long Candidates are permitted to solicit up to The Enron scandal, and all the soft enough. $20,000 from an individual per year specifi- money scandals that have come before, Mr. President, I yield the floor. cally for voter registration and get out of

VerDate 11-MAY-2000 01:17 Mar 19, 2002 Jkt 099060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G18MR6.018 pfrm02 PsN: S18PT1 March 18, 2002 CONGRESSIONAL RECORD — SENATE S1993 the vote activities carried out by 501(c) orga- with the use of soft money for political ad- money contributed by U.S. citizens, U.S. na- nizations. The provision also clarifies that vertising. tionals, or permanent legal residents and candidates may solicit unlimited funds for TITLE II: NON-CANDIDATE CAMPAIGN make the disclosures required by Section 201 501(c) organizations where the solicitation EXPENDITURES (but see Section 204). If they derive income from business activities or accept contribu- does not specify the use of the money, and SUBTITLE A—ELECTIONEERING tions from corporations or unions, they must the organization’s principal purpose is not COMMUNICATIONS voter registration or get out the vote activi- pay for electioneering communications from Section 201–203 have come to be known as ties. a separate account to which only individuals Sec. 323(f). State Candidates. Prohibits the ‘‘Snowe-Jeffords amendment.’’ can contribute. Sec. 201. Disclosure of Electioneering Com- candidates for state or local office from Sec. 204. Rules Relating to Certain Tar- munications. Requires anyone who spends spending soft money on public communica- geted Electioneering Communications. With- over $10,000 in a calendar year on election- tions that promote or attack a clearly iden- draws Section 203’s exemption for 501(c)(4) or eering communications to file a disclosure tified candidate for Federal office. Exempts 527 organizations that run electioneering statement within 24 hours after reaching communications which refer to a federal communications targeted to the electorate that amount of spending and again within 24 candidate who is also a candidate for state or of the candidate mentioned in the commu- hours of each additional $10,000 of spending. local office. nications. The net effect of this provision is Taken together, these soft money provi- Electioneering communications are defined to apply the Snowe-Jeffords prohibition on sions are designed to shut down the soft as broadcast, cable or satellite communica- running sham issue ads paid for with cor- money loophole as comprehensively as pos- tions that mention the name or show the porate or union treasury funds to non profit sible. By including entities established, likeness of a clearly identified candidate for advocacy groups (501(c)(4)’s) and political or- maintained, controlled, or acting on behalf Federal office within 60 days of a general ganizations (527’s). Should this provision be of federal and state officeholders and can- election or 30 days of a primary election, struck down as unconstitutional, the prohi- didates, they also prohibit so-called ‘‘leader- convention, or caucus, and which is targeted bition on the use of union or for-profit cor- ship PACs’’ or ‘‘candidate PACs’’ from rais- to the candidate’s state/district. Election- poration treasury money for electioneering ing or spending soft money in connection eering communications do not include news communications would remain intact, as with Federal elections and are designed to broadcasts, communications that constitute would the disclosure requirements. prevent the evasion of the law by federal or independent expenditures because they con- SUBTITLE B—INDEPENDENT AND COORDINATED state candidates or officeholders using tain express advocacy, or candidate debates EXPENDITURES and advertisements for candidate debates. 501(c)(4) or 527 organizations. Sec. 211. Definition of Independent Expend- Sec. 101(b). Definitions. Provides defini- The FEC may promulgate additional excep- iture. Clarifies the statutory definition of tions for certain terms used in the soft tions for advertisements that do not attack, independent expenditure to mean an expend- money ban. oppose, promote or support a clearly identi- iture expressly advocating the election or Federal election activity means voter reg- fied Federal candidate. defeat of a clearly defined candidate that is The disclosure statement must identify the istration activities within 120 days before a not made in coordination with a candidate. federal election, get out the vote activity person or entity making the disbursement, Sec. 212. Reporting Requirements for Cer- and generic campaign activity in connection the principal place of business of that person tain Independent Expenditures. Requires any with an election in which federal candidates if it is not an individual, the amount of each person, including a political committee, who are on the ballot (even if state candidates disbursement of over $200 and the identify of makes independent expenditures totaling are also on the ballot), and public commu- the person receiving the disbursement, and $10,000 or more until the 20th day before the nications that refer to a clearly identified the election to which the communication election to file a report with the FEC within federal candidate and support or oppose a pertains and the candidate or candidates who 48 hours. An additional report must be filed candidate for that office (regardless of are identified. If the disbursement is made within 48 hours of any additional inde- whether those communications expressly ad- from a segregated account to which only in- pendent expenditures of $10,000 or more. In vocate the election or defeat of a candidate.) dividuals can contribute, the disclosure the last 20 days before the election, a report These are the activities that state parties statement must also reveal the names and must be filed within 24 hours of each inde- must pay for with hard money (except as addresses of the contributors of $1,000 or pendent expenditure totaling more than specifically provided under the bill). more to that account. If the disbursement is $1,000. Generic campaign activity means cam- not made from such a segregated account Sec. 213. Independent Versus Coordinated paign activities like general party adver- then all donors of $1,000 to the organization Expenditures by Party. Requires political tising that promote a political party but not making the expenditure must be disclosed. parties to choose in each election between a candidate. Money in the segregated account can be used making the limited expenditures permitted Public communication means a commu- for purposes other than electioneering com- to be coordinated with a candidate under 2 nication to the general public by means of munications, and the spending on other ac- U.S.C. § 441a(d) and making unlimited inde- broadcast, cable, satellite, newspaper, maga- tivities need not be disclosed, but all con- pendent expenditures. Parties would make zine, outdoor advertising, mass mailing, tributors to the account must be informed that choice with their first expenditure with telephone bank, or any other general public that their money might be used for election- respect to a particular election after their political advertising. eering communications. nominee has been chosen. If a party makes Mass mailing is a mailing of more than 500 Sec. 202. Coordinated Communications As an independent expenditure, it may not identical or substantially similar pieces Contributions. Makes clear that election- make a coordinated expenditure with respect within any 30 day period. eering communications that are coordinated to that election. If it makes a coordinated Telephone bank means more than 500 calls with candidates or with political parties are expenditure, it may not make an inde- of an identical or substantially similar na- deemed to be contributions to the candidate pendent expenditure. For purposes of this ture within a 30 day period. supported by the communication. Because section, all national and state party commit- Sec. 102. Increased contribution limits for contributions to candidates are limited in tees are considered to be one entity so a na- state committees of political parties. In- the case of individuals, or prohibited in the tional party cannot make an independent ex- creases the amount that individuals can give case of groups (other than through a PAC), penditure if a state party has made a coordi- to state parties from $5,000 to $10,000. See this provision essentially prohibits election- nated expenditure with respect to a par- Section 307 for additional increases in con- eering communications from being coordi- ticular candidate. tribution limits. nated with candidates or parties. Sec. 214. Coordination with Candidates or Sec. 103. Reporting requirements. Requires Sec. 203. Prohibition of Corporate and Political Parties. Provides that an expendi- national political party committees, includ- Labor Disbursements for Electioneering ture made by a person, other than a can- ing congressional campaign committees to Communications. Bars the use of corporate didate, in coordination with a political party report all receipts and disbursements and and union treasury money for electioneering will be treated as a contribution to the state party committees to report all receipts communications. Corporations and unions party. In addition, the FEC’s current regula- and disbursements and state party commit- are prohibited from spending their treasury tions on coordinated communications paid tees to report all receipts and disbursements money on electioneering communications, for by persons other than candidates are re- for Federal election activities and receipts and groups and individuals may not use cor- pealed nine months after enactment. The and disbursements for activities permitted porate or union treasury money for such ads provision instructs the FEC to promulgate by the Levin amendment (i.e., spending of (corporations and unions could finance such new regulations on coordination between capped soft money donations on certain advertisements through their political ac- candidates or parties and outside groups, ad- forms of voter registration and get-out-the- tion committees). The provision includes a dressing a number of different situations vote). Requires itemized reporting of re- number of special operating rules designed where coordination might be found. It pro- ceipts or disbursements of over $200. Elimi- to prevent evasion of this prohibition vides that the new regulations shall not re- nates the building fund exception to the through pass-throughs, laundering, or con- quire formal collaboration or agreement to FECA’s definition of contribution. Accounts tribution swaps. 501(c)(4) and 527 organiza- establish coordination. to raise money for office buildings were one tions, which are technically corporations, TITLE III: MISCELLANEOUS of the original soft money accounts before are permitted to make electioneering com- Sec. 301. Use of Contributed Amounts for the loopholes exploded in the 1996 election munications as long as they use individual Certain Purposes. Codifies FEC regulations

VerDate 11-MAY-2000 01:17 Mar 19, 2002 Jkt 099060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\A18MR6.001 pfrm02 PsN: S18PT1 S1994 CONGRESSIONAL RECORD — SENATE March 18, 2002 relating to the personal use of campaign ical party each year is increased from $20,000 for penalties under FECA and related elec- funds by candidates. Contributions will be to $25,000. The maximum aggregate amount tion laws; and (2) submit to Congress an ex- considered converted to personal use if they that an individual can give to parties, PACs, planation of any such guidelines and any leg- are used for an expense that would exist irre- and candidates combined per year is in- islative or administrative recommendations spective of the campaign or duties as an of- creased from $25,000 per year (current law) to regarding enforcement. Specifies consider- ficeholder, including home mortgage or rent, $95,000 per cycle, including not more than ations for such guidelines, including that clothing, vacation expenses, tuition pay- $37,500 per cycle to candidates, and reserving they reflect the serious nature of violations ments, noncampaign-related automobile ex- $20,000 per cycle for the national party com- of the FECA and the need to aggressive and penses, and a variety of other items. mittees. The amount that a senatorial cam- appropriate law enforcement action to pre- Sec. 302. Prohibition of Fundraising on paign committee can contribute to a Senate vent violations. Federal Property. Amends 18 U.S.C. § 607 to candidate is increased from $17,500 to $35,000. Sec. 315. Increase in Penalties Imposed for provide controlling legal authority that it is All of the limits increased in this section are Violation of Conduit Contribution Ban. In- unlawful to solicit or receive a campaign indexed for inflation beginning with a base creases the maximum civil penalty that can contribution from a person who is located in year of 2001, and the increased limits apply be assessed by the FEC for a violation of the a federal room or building. It is also unlaw- to contributions made on or after January 1, conduit contribution prohibition in 2 U.S.C. ful to solicit or receive a campaign contribu- 2003. § 441f from the greater of $10,000 or 200 per- tion while located in federal room or build- Sec. 308. Donations to Presidential Inau- cent of the contribution involved to $50,000 ing. gural Committee. Requires a Presidential In- or 1,000 percent of the amount involved. In- Sec. 303. Strengthening Foreign Money augural Committee to file a report with FEC creases the maximum term of imprisonment Ban. Prohibits foreign nationals from mak- within 90 days of the inauguration disclosing for a criminal violation of the conduit con- ing any contribution to a committee of a po- all donations of $200 or more. Foreign na- tribution ban involving amounts of between litical party or any contribution in connec- tionals (as defined in 2 U.S.C. § 441e(2) are $10,000 and $25,000 from one to two years, and tion with federal, state or local elections, in- prohibited from making any donation to an increases the maximum criminal penalty to cluding any electioneering communications. Inaugural Committee. The FEC is required the greater of $50,000 or 1,000 percent of This clarifies that the ban on contributions to make public and post on the Internet any amount involved. The minimum criminal to foreign nationals applies to soft money Report filed under this section within 48 penalty shall be 300 percent of the amount donations. hours of its receipt. involved. Section 304. Modification of Individual Sec. 309. Prohibition no Fraudulent Solici- Sec. 316. Restriction on Increased Con- Contribution Limits in Response to Expendi- tation of Funds. Prohibits a person from tribution Limits by Taking into Account tures From Personal Funds. Allows Senate fraudulently misrepresenting that he or she Candidate’s Available Funds. Modifies the candidates who face opponents who spend is speaking, writing, or otherwise acting on amount of additional fundraising that a can- large amounts of their personal wealth to behalf of a candidate or political party for didate who faces a wealthy opponent can do raise larger contributions from individual the purpose of soliciting campaign contribu- under the increased contribution limits set donors. The provision sets up three different tions. out in Section 304. If the non-wealthy can- ‘‘triggers’’ that vary according to the size of Sec. 310. Study and Report on Clean Money didate has raised more money than the the candidate’s state. When a wealthy can- Election Laws. Requires the GAO to conduct wealthy candidate, the amount of fund- didate’s personal spending passes the first a study of the clean money, clean election raising under the increased contribution lim- trigger amount, the individual contribution systems in Arizona and Maine. The study its is decreased by one half of the difference limits are tripled. At the second trigger, the shall include a number of statistical deter- between the two candidates fundraising (ex- opposing candidate can raise six times the minations with respect to the recent elec- cluding the amount of personal wealth that limits from individual donors. And at the tions in those states and describe the effect the wealthy candidate has contributed) as of third trigger, party coordinated spending of public financing on the elections in those June 30 and December 31 of the year before limits are lifted. The amount of additional states. The GAO shall report its findings to the election. fundraising or spending at all trigger levels Congress within a year of enactment. Sec. 317. Clarification of Right of Nationals is limited to 110% of the amount of personal Sec. 311. Clarity Standards for Identifica- of the United States to Make Political Con- wealth spent. The provision also prohibits all tion of Sponsors of Election-Related Adver- tributions. Clarifies U.S. Nationals are al- candidates from raising contributions to tising. Amends and supplements the FECA’s lowed to make political contributions. repay loans they make to their own cam- current requirements that the sponsors of Sec. 318. Prohibition of Contributions by paigns of over $250,000. Section 316 further political advertising identify themselves in Minors. Prohibits anyone 17 years of age or limits the amount of additional fundraising their ads. Additional provisions include: (1) younger from making political contribu- that can be done by Senate candidates under applies the requirements to any disburse- tions. this provision: See section 319 for a similar ment for public political advertising, includ- Sec. 319. Modification of Individual Con- provision applicable to House candidates. ing electioneering communications; (2) re- tribution Limits for House Candidates in Re- Sec. 305. Limitation on Availability of quires the address, telephone number, and sponse to Expenditures from Personal Funds. Lowest Unit Charge for Federal Candidates Internet address of persons other than can- Allows House candidates who face opponents Attacking Opposition. Requires candidates didates who purchase public political adver- who spend large amounts of their personal seeking to avail themselves of the lowest tising to appear in the ad; (3) requires can- wealth to raise larger contributions from in- unit charge for advertising available under didate radio ads to include a statement by dividual donors. When a wealthy candidate’s Section 315(b) of the Communications Act of the candidate that he or she has approved personal spending exceeds $350,000, the indi- 1934 to provide written certification that if the communication; (4) requires a television vidual contribution limits are tripled. In ad- they refer to another candidate in the adver- ad to include the same audio statement dition, party coordinated spending limits are tisement they will include in the advertise- along with a picture of the candidate or a lifted. The total amount of permitted addi- ment a photo of themselves and a clearly full screen view of the candidate making the tional fundraising and party expenditures is legible statement that they have approved statement, and a written version of that limited to the ‘‘opposition personal funds and paid for the ad. Both items must appear statement that appears for at least 4 sec- amount.’’ That amount is determined by in the ad for no less than four seconds. onds; and (5) requires persons other than taking the opponent’s personal wealth spend- Sec. 306. Software for Filing Reports and candidates to run ads to include a statement ing and subtracting the amount the can- Prompt Disclosure of Contributions. Re- that that person ‘‘is responsible for the con- didate spends of his or her own personal quires the FEC to promulgate standards for tent of this advertising.’’ wealth and one-half of the fundraising ad- software vendors to develop software that Sec. 312. Increase in Penalties. Increases vantage, if any, that the candidate may have will allow political committees to report re- from one year to five years the maximum over the opponent. Thus, the amount of addi- ceipts and disbursements to the FEC imme- term of imprisonment for knowing and will- tional fundraising and party expenditures diately, and allow the FEC to immediately ful violations of the FECA involving the can never exceed the amount of personal post the information on the Internet imme- making, receiving, or reporting of any con- wealth devoted by the opponent. diately. Once such software is available, the tribution, donation, or expenditure aggre- FEC is required to make it available to all gating $25,000 or more during a calendar TITLE IV: SEVERABILITY; EFFECTIVE persons required to file reports. Once soft- year. Provides that criminal fines of up to DATE ware provided to a person required to report, $250,000 may also be assessed for prohibited Sec. 401. Severability. Provides that if any it shall be used notwithstanding the current contributions or expenditures of that provision of the bill is held unconstitutional, time periods for filing reports. amount, or of up to $100,000 for violations to- the remainder of the bill will not be affected. Sec. 307. Modification of Contribution Lim- taling less than $25,000 in a year. Sec. 402. Effective Date. Provides that the its. Provides for increases in certain con- Sec. 313. Statute of Limitations. Extends Act will take effect on November 6, 2002 (the tribution limits. The maximum amount that the statute of limitations for violations of day after the 2002 election), except for the in- an individual can give to a federal candidate the FECA from three to five years. creased contributions limits contained in is increased from $1,000 to $2,000 per election. Sec. 314. Sentencing Guidelines. Directs section 307. After November 6, 2002, the par- These limits will be indexed for inflation. the U.S. Sentencing Commission to: (1) with- ties may spend any remaining soft money The maximum amount that an individual in 90 days of the effective date promulgate a only for debts or obligations incurred in con- can give to a national committee of a polit- guideline, or amend an existing guideline, nection with the 2002 election (including any

VerDate 11-MAY-2000 01:17 Mar 19, 2002 Jkt 099060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\A18MR6.003 pfrm02 PsN: S18PT1 March 18, 2002 CONGRESSIONAL RECORD — SENATE S1995 runoff or recount) or any previous election, Congress will enact real campaign fi- to political parties by corporations, but only for expenses for which it would oth- nance reform this week. unions, and individuals; erwise be permissible to spend soft money. We must not use this week to merely Both bills would restrict end-of-cam- No soft money may be spent on office build- re-debate legislation already fully de- paign advertising funded by organiza- ings or facilities after the effective date. Sec. 403. Judicial Review. Provides that bated and adopted by both chambers of tions that name a Federal candidate; any action for declaratory or injunctive re- Congress. Both bills would increase the aggre- lief to challenge the constitutionality of any Only final passage is the proper trib- gate limits on contributions by individ- provision of the Act or any amendment made ute to the culmination of years of ex- uals to candidates, PACs, and parties; by it must be filed in the United States Dis- traordinary bicameral and bipartisan and trict Court for the District of Columbia leadership provided by my good friends Both bills would improve disclosure where the complaint will be heard by a three and colleagues. of campaign finance activity. judge court. Appeal of an order or judgment In the Senate, the leaders of cam- Thee are a few minor differences be- in such an action shall be reviewable only by paign finance reform are Senator JOHN tween the House and Senate passed appeal directly to the Supreme Court of the bills. For example, there is a difference United States. Such appeal must be taken by MCCAIN of Arizona and Senator RUSS notice of appeal filed within 10 days of the FEINGOLD of Wisconsin. In the House, in the contribution limits for an indi- judgment and a jurisdictional statement the leaders are Congressman CHRIS- vidual. must be filed within 30 days of the entry of TOPHER SHAYS of Connecticut and Con- Under the House bill, an individual a final decision. The District Court and the gressman MARTIN MEEHAN of Massa- may contribute a total of $95,000 in 2 Supreme Court must expedite the case. Al- chusetts. years to candidates, PACs, and parties. lows a Member of Congress to intervene in On February 14, 2002, the Shays-Mee- under the Senate bill, an individual support of or in opposition to a party to the han Bipartisan Campaign Finance Re- may contribute a total of $37,500 in 1 case. The Court may make orders that simi- form Bill, H.R. 2356, was adopted by a year to candidates, PACs, and parties. lar positions be filed jointly or be rep- Under both bills, an individual is nev- resented by a single attorney at oral argu- vote of 240–189 in the House. On April 2, ments. 2001, the McCain-Feingold Bipartisan ertheless limited to an annual max- TITLE V: ADDITIONAL DISCLOSURE Campaign Finance Reform bill, S. 27, imum contribution of $37,500 to can- PROVISIONS was adopted by a vote of 59–41 in the didates. Sec. 501. Internet Access to Records. Re- Senate. Another difference between the two quires the FEC to make all designations, re- Interestingly, today is only one day bills is that the House bill eliminates ports, statements, and notifications avail- short of being a full year from when Senator TORRICELLI’s amendment re- able on the Internet within 48 hours of re- the Senate started debate on the quiring the lowest unit rate for the ceipt. McCain-Feingold measure—March 19, purchase of broadcast advertisements. Sec. 502. Maintenance of Website of Elec- 2001. Finally, the House bill extends to tion Reports. Requires the FEC to maintain Last year, I was honored to serve as House candidates the ‘‘millionaires an Internet site to make all publicly avail- amendment.’’ able election reports accessible to the public floor manager for the Senate debate on campaign finance reform legislation. I These are all very minor differences and to coordinate with other agencies that that serve to make the two bills sub- receive election-reports to allow such re- was equally as honored to be counted ports to be posted on the FEC’s site in a as one of the 59 votes to adopt the stantially the same. As a result, the timely manner. McCain-Feingold bill. Senate would not benefit from an ex- Sec. 503. Additional Monthly and Quarterly I stand in the same shoes today. It is tended debate on re-hashing the same Disclosure Reports. Requires candidates to a high honor to serve as floor manager issues in this version of the Shays-Mee- file quarterly reports instead of semi-annual of the Senate debate on the Shays-Mee- han legislation. Last year’s open and reports in non-election years. National par- han measure. I will be equally as hon- full Senate debate on these same issues ties are required to file monthly reports in McCain-Feingold remains sufficient rather than having a choice between month- ored to be counted among the many ly and quarterly reports. Members who will vote in a bipartisan for our purposes today, which is to pass Sec. 504. Public Access to Broadcasting manner to adopt this reform bill. comprehensive campaign finance re- Records. Requires radio and television broad- I congratulate my colleagues in both form. casting stations to maintain records of re- chambers for the hard-fought success It is my fervent hope that we pass quests to purchase political advertising that this legislation reflects. this legislation with a minimum time, including requests by candidates or by I especially wish to take this time to amount of debate. This is not a ‘‘mis- advertisers intending to communicate a mes- extend my sincere congratulations to sion impossible,’’ given the fact that sage relating to a political matter of na- the House bill is virtually a mirror tional importance. The records must be my good friend, Congressman CHRIS made available for public inspection and SHAYS. image of the Senate-passed bill. must include the name and contact informa- It is with a sense of parochial pride The Senate already participated in tion of person requesting to purchase the in this House action that the major co- weeks of full, open and unrestricted de- time, the date and time that the advertise- sponsor of the legislation, who is a bate on campaign finance reform. And ment was aired, and the rates charged for longstanding friend of mine and a the Senate already voted on both the the time. Member of the Connecticut delegation, substance of the bill and all relevant Mr. DODD. Mr. President, first, I has been a principled advocate of cam- amendments to the bill. want to acknowledge my good friend, paign finance reform for years. Now the question becomes whether colleague and ranking member on the I want to express the tremendous yet another extended Senate debate Rules Committee, Senator MITCH sense of pride of all the people of Con- will serve to ensure certain improve- MCCONNELL of Kentucky. necticut to CHRIS SHAYS for his out- ments in the bill or, to the contrary, While he and I may be on opposite standing efforts to achieve real cam- only serve to ensure further delay of sides of this issue, we are on the same paign finance reform on behalf of all the bill? side of another issue—the election re- Americans. On balance, I believe the risk of delay form legislation which is now pending Our Senate debate will only confirm far outweighs the potential for legisla- before the Senate. I would much prefer that the House merely adopted vir- tive improvements. There is no perfect to be with him on an issue rather than tually the same bill as the Senate ap- legislation. Attempting to craft perfect against him. proved after a robust debate on April 2, legislation only serves to jeopardize I think all my colleagues agree that 2001. the Senate’s ability to send this meas- he is a formidable advocate for his po- In general, both bills would change ure to the President for signature. sition. Even if a resolution is clear on the way political parties raise and Instead of becoming law, the Shays- this legislation at the end of the day, I spend money, regulate issue adver- Meehan bill would be on yet another suspect this will not be the end of Sen- tising, increase contribution limits, journey. It would be a candidate for a ator MCCONNELL’s advocacy with re- improve disclosure requirements, and Senate-House conference or additional gard to campaign finance reform make other changes to campaign fi- House debate. Either of these scenarios issues. nance law. would kill any real chance to enact I turn now to the matter at hand. I Specifically, both bills would ban un- campaign finance reform in the 107th rise today to express my optimism that restricted ‘‘soft money’’ contributions Congress.

VerDate 11-MAY-2000 01:17 Mar 19, 2002 Jkt 099060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\A18MR6.005 pfrm02 PsN: S18PT1 S1996 CONGRESSIONAL RECORD — SENATE March 18, 2002 I urge my colleagues to consider this Take a cursory look at raising and the 49 percent turnout for the 1996 Fed- road well traveled for decades. It is spending soft money in the November eral elections—the first time in mod- time to resist exploring new and sub- 2000 Presidential and congressional ern political history when less than stantive forks in the road. elections. It sends one message—our fi- half of the eligible electorate turned As do many of my colleagues on both nancing system is in urgent need of re- out to vote for President. sides of the aisle, I feel strongly about pair. This means that the voter turnout the need for comprehensive campaign According to the center for respon- has declined sharply—from over 63 per- reform. Time and again we have seen sive politics, the total amount spent on cent of the voting age population in thoughtful, appropriate—and, I must the 2000 Presidential and congressional 1952 to slightly over 51 percent of the emphasize, bipartisan—efforts to stop campaigns was approximately $3 bil- voting age population in 2000. the spiraling money chase that afflicts lion. This price tag is up from $2.2 bil- Arguably, while there are no accu- our political system, only to see a mi- lion in 1996 and $1.8 billion in 1992. rate national statistics, it is sufficient nority of the Senate block further con- According to the Federal Election to project that there is only a small sideration of the issue. Commission, the Democratic and Re- percentage of individual donors with It is almost as if the opponents of re- publican parties raised $1.2 billion in average income who actually con- form are heeding the humorous advice 2000—a 36 percent increase over the $881 tribute to political campaigns. of Mark Twain, who once said, ‘‘Do not million raised by the parties in 1996. These statistics tell the story of a put off until tomorrow what can be put In that same period, democrats system in which a small percentage of off till day-after-tomorrow just as raised over $245 million in soft money, individual donors are making ever well.’’ while Republicans raised over $249 mil- larger contributions, while at the same It is now long past the day-after-to- lion in soft million. the parties use soft time more and more voters have lost morrow. We simply cannot afford to money funds for so-called issue ads and such confidence in our elections that wait any longer to do something about other so-called party building activi- they do not even feel it is worthwhile the tidal wave of special-interest ties. to vote. money that is drowning our system of In that same period, Democrats Do any of us really believe this is ac- government. raised over $275 million ion ‘‘hard ceptable? Do any of us believe that this Oscar Wilde once observed that ‘‘A money,’’ while Republicans almost is not a system in need of comprehen- cynic is a person who knows the price doubled that amount in fundraising sive reform? of everything and the value of noth- with over $465 million in hard money. If we are to break the grip that ing.’’ I fear that the exploding domi- The parties use hard money funds for money currently holds on our cam- nance of money in politics has created direct contributions to candidates and paigns, we must enact legislation that a similar atmosphere of cynicism in other activities to advocate the elec- will stop the flow of unregulated our political system—an environment tion or defeat of candidates for Federal money in the political system and where the value of ideas, of debate, of office. limit the flow of regulated money into people in general, is overwhelmed by The Brennan Center for Justice at New York University School of Law Federal campaigns. the price tag of free speech and polit- We must restore common sense by ical success. conducted a study on television adver- eliminating the opportunities for legal- The worst aspect of the current fi- tising in the 2000 Federal elections. The isms and loopholes that mock the spir- nancing system is its affect on eroding Brennan Center found that the Presi- public confidence in the integrity of dential election was the first election it of our campaign finance laws. We our political process. in history where the major national po- must give those who enforce the law The real concern is that the esca- litical parties spent more on television the resources they need to ensure that lating amounts of money pouring into ads than the candidates themselves the campaign financing system is law- our elections is having a corrupting in- spent—the Democratic and Republican ful and fair. fluence on our political system. The national committees together spent I look forward to participating in the public perception of the problems of over $80 million on TV ads, a lot more process of winding-down the campaign corruption and the appearance of cor- than the $67 million spent by Vice- finance debate. I also look forward to ruption is that large political contribu- President Gore and Governor Bush. working with my colleagues—on both tions to candidates and political par- The Brennan Center found that the sides of the aisle—and to adopting this ties provide those donors with pre- vast amount of money spent by the moderate legislation that restores the ferred access and influence over Amer- parties on TV ads was ‘‘soft money,’’ proper balance of money to politics and ican public policy—and the average the unregulated and unlimited party restores the American people’s con- American has neither the access nor donations from corporations, labor fidence in our current financing sys- influence in Washington. unions, and wealthy individuals. tem. The more money that is required to The Brennan Center found that I urge each of my colleagues to put run for office, the more influence that spending by groups in congressional aside any and all partisanship and per- the donors—wealthy individuals, cor- campaigns on so-called issue ads in- sonal ambitions to join me in de-em- porations, labor unions, and special in- creased from $10 million in 1998 to $32 phasizing the importance of money in terest groups—have over elected offi- million in 2000. politics. cials and public policy. Finally, the Brennan Center also This is not a complicated task. We The real harm to avoid is having the found that only a small percentage of desperately need to ensure that the av- concerns of the average voters com- party soft money is spent for get-out- erage American is heard in Washington pletely usurped by the money and in- the-vote and voter mobilization activi- over the din of special interest voices. fluence of these powerful individuals, ties. Only 8.5 cents of every dollar goes We must ensure that the exercising of corporations, and interest groups. to GOTV and voter registration activi- Americans’ free speech in the political It is this concern—the relationship of ties while 40 cents of every dollar goes process is not governed by the price money to power—that is casting a vote to purchase ads to support or defeat tagon contribution amounts that can of ‘‘no confidence’’ in the integrity of candidates for Federal office. be raised and spent on Federal elec- our electoral process. It is this dev- In contrast to all this financial par- tions. As Supreme Court Justice Ste- astating harm of corruption and the ticipation in elections, according to vens wrote in the Nixon v. Shrink Mis- appearance of corruption that cam- the Federal Election Commission re- souri Government PAC case, ‘‘Money is paign finance reform seeks to avoid. To port on the 2000 Federal elections, just property, money is not speech.’’ date, Congress has an unacceptable under 105.4 million Americans voted in This is why Congress has an obliga- record since we have only sought to the Presidential election. That is 51 tion to enact comprehensive, meaning- avoid the remedy for the harm. percent of the Census Bureau’s esti- ful, and real campaign finance law and Unfortunately, not only does histor- mated voting age population of over pass the law now. ical data tend to support this pessi- 205.8 million Americans. The action we take today will signal mistic view—the current data sustains The voter turnout figure of 51 per- to all Americans that exercising their this view. cent in 2000 was somewhat higher than first amendment right to free speech

VerDate 11-MAY-2000 01:56 Mar 19, 2002 Jkt 099060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\A18MR6.016 pfrm02 PsN: S18PT1 March 18, 2002 CONGRESSIONAL RECORD — SENATE S1997 and association outside the beltway credit for the efforts he has made from without public comment or outcry in has now been heard inside the beltway. the very first days of his Presidency up this, the greatest Congress on the plan- Americans have waited long enough. until just a few days ago, when those et. We must stand with our democracy- Congress has the first opportunity in a talks finally broke down completely. loving colleagues around the world in generation to clean up a political sys- Currently, rebel forces are doing ev- condemning these attacks. This crime tem that most Americans believe is erything in their power to compromise was a vicious and merciless murder of polluted by campaign contributions, or the fragile democracy of that country. a dedicated and courageous public serv- the appearance of such pollution. There Guerrillas have bombed electrical tow- ant and her staff who were simply is no room for wavering or using a phil- ers, bridges, and waterworks while doing their jobs—jobs that we and our osophical, legal or factual excuse for mining highways and increasing the staffs do everyday. In recognition of killing this legislation. This is a real number of roadblocks on Colombia’s this commitment, Senator Daniels’ chance to curb the role of money in streets. As a result, more than 110 sacrifice will not be forgotten by the politics. towns, representing 10 percent of Co- Colombian people or her friends in It has been decades since Congress lombia’s urban centers, have been left America. Her death will not be in vain. took similar comprehensive action in darkness, and 76 municipalities in 6 Yet the assault on democracy in Co- with the enactment of the Federal provinces have had their phone service lombia is not only targeted at those Election Campaign Act of 1971. The one cut out completely. who hold office. Rebels also have tar- thing we cannot afford to do is wait Colombian citizens are living each geted national candidates for public of- any longer—now is the time to enact day in fear while enduring tremendous fice as Colombia prepares for an up- the Shays-Meehan/McCain-Feingold domestic hardship. President Pastrana coming presidential election. On Feb- legislation. The American people have has warned his people more attacks are ruary 23, Colombia presidential can- waited long enough! likely, and the citizens of Colombia are didate Ingrid Betancourt, and her chief I fully support this legislation as the frightened, to put it mildly. of staff, Clara Rojas, were seized while best effort that Congress can make to Even worse, FARC rebels have under- driving toward the southern war zone enact real campaign finance reform. I taken a violent offensive against public of San Vicente del Caguan. Mrs. stand ready to do what I can to make figures, stepping up the frequency of Betancourt’s driver and two journalists reform a reality in the 107th Congress. political attacks that were already too accompanying her were held and re- I yield the floor. common in the months before the col- leased, but Mrs. Betancourt and Ms. Mr. FEINGOLD. I suggest the ab- lapse of the peace talks on February 20. Rojas were kept in custody—a clear sence of a quorum. For years, the FARC—the organization sign that this kidnaping was intended The PRESIDING OFFICER (Mr. NEL- I described—and other rebel forces in to send a signal to the political class in SON of Nebraska). The clerk will call Colombia, have financed their violent Colombia. The FARC, who are believed the roll. siege of terror by kidnaping Colombian to have perpetrated this crime, cur- The assistant legislative clerk pro- citizens and demanding ransom. When rently hold five other politicians hos- ceeded to call the roll. the ransom is not paid, the hostages tage and are attempting to cripple de- Mr. DODD. Mr. President, I ask unan- are killed, and new hostages are taken. mocracy in this Nation by force. How- imous consent that the order for the It is a vicious cycle that repeats over ever, the Colombian Government right- quorum call be rescinded. and over again, taking a toll on the ly refuses to negotiate with these ter- The PRESIDING OFFICER. Without spirit of this beleaguered nation. In- rorists for fear that concessions would objection, it is so ordered. deed, at this point close to 4,000 people encourage even more kidnapings in the Mr. DODD. Mr. President, I ask unan- have died in Colombia since the begin- future, and the situation is presently imous consent that I may be allowed to ning of hostilities; kidnappings are at a standoff. speak for 10 minutes as in morning about 3,000 a year. At the same time, Mrs. Betancourt has been allowed to business. rebel groups have executed several po- fax her family to assure them of her The PRESIDING OFFICER. Without litical figures, including mayors, well-being, and she has expressed her objection, it is so ordered. judges, members of the legislature, and concern for her family, friends, and f candidates. As elected officials our- country. Even now, as a prisoner, she selves, this is a development that we stands by her democratic principles. As COMMENDING THE COURAGE OF should be particularly enraged by, and she suffers, she seeks to bring inter- INGRID BETANCOURT, CLARA one that should draw the attention and national attention to the problem of ROJAS, MARTHA DANIELS, AND concern of all people in democratic violence in Colombia through her THE COLOMBIAN PEOPLE countries around the globe. plight. Mrs. Betancourt’s daughter has Mr. DODD. Mr. President, just an On March 3, Martha Catalina Dan- stated that her mother has indicated hour or so ago, I made a call to Colom- iels, a Colombian Senator, was tor- her desire that people be conscious of bia, South America, and spoke with the tured and killed near Bogota by guer- what is happening in Colombia and rec- husband of Ingrid Betancourt, who, as rilla fighters while attempting to nego- ognize that a war is going on in that many may know, is the woman can- tiate the release of hostages kidnaped country every day. She seeks to use didate for President of Colombia who by leftist rebels. After her torture, she her own situation as a rallying point was recently kidnaped. was shot at close range with two bul- for the international community I expressed to Ingrid Betancourt’s lets to the head, and then dumped in a against violence in Colombia. husband the sincere hopes of all of us ravine off a country road. A staffer and I spoke to Mrs. Betancourt’s husband here that his wife be returned to safety a friend of Senator Daniels were also this afternoon, and expressed my sym- soon, that she be allowed to continue killed in this vicious attack against de- pathy to him and his family, and my in her efforts as a candidate in that cency and democracy, not to mention admiration for his courageous wife, and country in the upcoming presidential the value of human life. expressed as well those same senti- election, and I told Mrs. Betancourt’s Senator Daniels was the fourth mem- ments on behalf of all of us in this family that the hopes and prayers of ber of the Colombian Congress to be Chamber. I pray for her safe and quick all of us in the United States are with killed since the middle of last year return. them in these very difficult hours. while working in her elected capacity Attention in America is rightly fo- Colombia is a nation under tremen- as a representative of the Colombian cused on Afghanistan and the war dous stress and pressure, and the level people. Could you imagine similar against terrorism. However, we cannot of violence there has tremendously es- events happening in our Capitol? There allow the brave sacrifices of people like calated since the collapse of the would be tremendous public outcry, Ingrid Betancourt to go unnoticed. We Pastrana-FARC peace talks. President and the Government would respond have to reserve some of our attention Pastrana has tried his entire Presi- swiftly and decisively. Just because to expend on the festering problems of dency to come up with a peaceful reso- this crime happened in conflict-torn Colombia. If we turn our backs on this lution of the 40-year-old conflict in Colombia does not mean that we corner of the world, I fear that we may that country, and he deserves great should allow this execution to pass by see another situation arise like that

VerDate 11-MAY-2000 01:17 Mar 19, 2002 Jkt 099060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\A18MR6.018 pfrm02 PsN: S18PT1 S1998 CONGRESSIONAL RECORD — SENATE March 18, 2002 which we saw when we ignored Afghan- hemisphere, a democracy that has been As of this week, the Senate has con- istan after the Soviet occupation. We a friend of the United States for many firmed more judges in the last 9 cannot and should not allow this to years that is, in fact, imperiled. When months than were confirmed in 4 out of happen. we make a decision about what assist- 6 years under the Republican leader- And so, I ask my colleagues on both ance we can and will give in the future, ship. I have heard some inaccurate sides of the aisle to be deeply aware of we need to keep that in mind. statements—I am sure innocently the sacrifices of people such as Martha (The remarks of Mr. DEWINE per- enough but mistakenly—by my friends Daniels, Ingrid Betancourt, and their taining to the introduction of S. 2027 on the other side of the aisle. As of this staffs. They have paid the ultimate are printed in today’s RECORD under week, we will have confirmed, in 9 price for their commitment to democ- ‘‘Statements on Introduced Bills and months, more judges than were con- racy and have shown great courage by Joint Resolutions.’’) firmed in 4 of the 6 total years under serving as politicians in such a volatile The PRESIDING OFFICER. The Sen- the Republican leadership. In fact, the and strife-torn country. Their service ator from Illinois is recognized. number of judicial confirmations over is a testament to the democratic com- Mr. DURBIN. I thank the Chair. these past 9 months exceeds the num- mitment of the vast majority of Co- (The remarks of Mr. DURBIN per- ber of judicial nominees confirmed dur- lombian people, a commitment that taining to the introduction of S. 2027 ing all 12 months for the years 2000, was reconfirmed on March 11, when are printed in today’s RECORD under 1999, 1997, and 1996. huge numbers of Colombians went to ‘‘Statements on Introduced Bills and During the 61⁄2 years the Republicans the polls even though they had been Joint Resolutions.’’) controlled the Senate, judicial nomina- threatened with violence as they Mr. DURBIN. Madam President, I tions averaged 38 a year. We have done sought to execute their constitu- suggest the absence of a quorum. more than that in 9 months. In the past tionally given right to vote. The PRESIDING OFFICER. The 9 months, we have had more hearings Colombia is a troubled country in clerk will call the roll. for more nominees and had more con- desperate need of our assistance and The assistant legislative clerk pro- firmations than the Republican leader- the assistance of other democratic na- ceeded to call the roll. ship did for President Clinton’s nomi- tions around the globe. But the spirit Mr. REID. Mr. President, I ask unan- nees during the first 9 months of 1995. of democracy lives on in the dedicated imous consent that the order for the On the chart we took 9-month incre- public servants and citizens of our quorum call be rescinded. ments. In the first 9 months that the friend and neighbor to the South. THE PRESIDING OFFICER (Mr. Republicans led the committee, they I want the Colombian Government, DURBIN). Without objection, it is so or- had 9 hearings; we had 14; they con- and more importantly the people of Co- dered. firmed 36 and we confirmed 42. Looking lombia, to know their courage and sac- f at the first 3 months of the session, we will have confirmed 14. During the first rifice has been noted by the American EXECUTIVE SESSION people and by this individual in this 3 months of each session they were in body speaking, I am very confident, on charge the following occurred: In behalf of all of us in this Chamber in NOMINATION OF RANDY CRANE TO March 1995, they confirmed 9; in March urging the FARC and other organiza- BE UNITED STATES DISTRICT of 1996, they confirmed 0; by March of tions to cease in the abduction of polit- JUDGE 1997, they confirmed 2; by March of 1998, the high-water mark, they had 12; ical figures, to cease in the abduction The PRESIDING OFFICER. Under by March of 1999, they had 0; by March of innocent civilians, in that country the previous order, the hour of 5:38 hav- of 2000, they had 7; by March of 2001, and to go back to the bargaining table ing arrived, the Senate will now go they had 0; we have done 14. and try to figure out a way to resolve into executive session and proceed to We tried to have a pace faster than this four-decade old conflict. The the consideration of Executive Cal- the Republicans when they chaired the deaths and the abductions shredding endar No. 705, which the clerk will re- Judiciary Committee, when they con- this country deserve the attention of port. trolled the Senate, and so far we have this Congress, the American people, The legislative clerk read the nomi- done that. Some have expressed con- and freedom-loving people everywhere. nation of Randy Crane, of Texas, to be cern how this Senate, under this lead- I ask my colleagues to take an active United States District Judge for the ership, has handled nominations of interest in this problem and act as Southern District of Texas. President Bush. So far he will have friends of Colombia. The Colombian The PRESIDING OFFICER. The Sen- won 41 out of 42 nominations. As great people, people like Ingrid Betancourt ator from Vermont. as the football team is in Nebraska, and Martha Daniels, deserve no less. Mr. LEAHY. Parliamentary inquiry, they would be delighted to win 41 out The PRESIDING OFFICER. The Sen- Mr. President. When is the vote sched- of 42, as would any team. ator from Ohio. uled? In 1999, when the Republicans con- Mr. DEWINE. Mr. President, I con- The PRESIDING OFFICER. It is trolled the Senate, in the whole year, gratulate my colleague, Senator DODD, scheduled for 5:50 p.m. they confirmed 26 district judges and 7 for a very eloquent and compelling Mr. LEAHY. Is there time reserved to circuit judges. In the year 2000, for the statement in regard to the tragedies the Senator from Vermont? whole year, they confirmed 31 district that are going on in Colombia today. I The PRESIDING OFFICER. The Sen- judges and 8 circuit judges. In the first think he does very well in expressing ator from Vermont has 6 minutes. 6 months of last year, when they con- the sentiments of all the Members of Mr. LEAHY. I understood the Sen- trolled the Senate, they had 0. In the the Senate. I thank him for that elo- ator from Vermont had 10 minutes. past 9 months—remember, these are quent comment. The PRESIDING OFFICER. The time comparing whole years—in the past 9 Colombia must be looked at not just is divided equally between 5:38 and 5:50. months, we have had 35 district judges, as a place we worry about in regard to Mr. LEAHY. I thank the Chair. 7 courts of appeal. drugs coming into this country, not Mr. President, we are voting on our Take the average number of days be- just as a country that we have to part- 42nd judicial nominee to be confirmed tween nomination and confirmation, ner with to try to deal with our mutual since last July when the Senate Judici- figuring we have to wait extra time for drug problem, the production of drugs, ary Committee reorganized after the the ABA: they took 182 one year; 212 and the huge consumption of drugs in Senator majority changed. With the days another year; 232, another; 178, an- the United States, although we are confirmation of Robert Randall Crane other; 196, another. The Democrats av- partners in that effort, but we also to the U.S. District Court for the erage considerably less. must understand that what is going on Southern District of Texas—and I pre- Reviewing today’s nominations illus- in Colombia is a direct threat to the dict we will accept him—the Senate trates the effect of the reform process democracy of Colombia. will have resolved 7 judicial emer- that the Democratic leadership has Senator DODD has spelled out very gencies since we returned to session a spearheaded. well what has been going on. We do few short weeks ago, 14 judicial emer- The PRESIDING OFFICER. The Sen- have a longstanding democracy in this gencies since I became chairman. ator has used 6 minutes.

VerDate 11-MAY-2000 02:09 Mar 19, 2002 Jkt 099060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\A18MR6.006 pfrm02 PsN: S18PT1 March 18, 2002 CONGRESSIONAL RECORD — SENATE S1999 Mr. LEAHY. Mr. President, I see no nominated for the Fifth Circuit in 1999 and to avoid a recurrence of those trag- other Member seeking recognition. I and he never received a hearing on his ic events. ask consent the vote still be at 5:50 and nomination or a vote by the com- We were reminded just last week of I be allowed to use the time until 5:50. mittee. the need for this kind of oversight The PRESIDING OFFICER. Without H. Alston Johnson was also first when additional problems at the INS objection, it is so ordered. nominated to the fifth circuit in 1999 surfaced. It is too bad that some are Mr. LEAHY. Mr. President, we will and never received a hearing on his choosing to obstruct this important ef- have a vote today on Randy Crane. nomination or a vote by the committee fort. There are Members who have stated, in 1999, 2000, or the beginning of 2001. That retribution is now threatening because the Democrats took over the Despite the support of both of his the important work of the committee full committee in July of last year, we home State Senators, his nomination and the functioning of the Senate. I would try to do the same thing to the to a Louisiana seat on the fifth circuit hope we are not entering an era in Republicans that the Republicans did also languished without action for 23 which any disagreement is vilified, and to the Democrats; that is, slow up and months. harsh, inappropriate rhetoric, is em- refuse to confirm judges. Of course, the In contrast, under the Democrat-led ployed to make political points with figures show the opposite. The speedy Senate, President Bush’s nominees to the extreme elements. confirmation of Randy Crane to the the fifth circuit, Judge Edith Brown This scorched earth campaign in district court in Texas illustrates the Clement and Judge Charles Pickering, which unrelated nominations and bills effect of the reforms on the process were treated fairly. Both received hear- and oversight responsibilities are being that the Democratic leadership has ings less than 6 months after their compromised is not in the best inter- spearheaded. nominations. ests of the Senate. Despite the poor treatment of too In fact, Judge Clement was the first I recall that even in our disappoint- many Democratic nominations through fifth circuit nominee to receive a hear- ment after the Republicans rejected the practice of anonymous holds and ing since Judge James Dennis had a the nomination of Judge Ronnie White other tactics employed during the past hearing, when Senator BIDEN chaired in a party-line floor vote in 1999, I pro- 61⁄2 years, Randy Crane will be filling a the Senate Judiciary Committee in ceeded to vote for the confirmation of judicial emergency vacancy seat that 1994. She is the first person to be con- Ted Stewart of Utah. has been vacant since the year 2000 firmed to that circuit since Judge Den- The committee vote on the Pickering when the new position was created. nis’ confirmation in 1995. nomination was not a sneak attack or I worked with the Senators from In contrast to recent, past practices, a ‘‘lynching.’’ Texas and other Senators along the we are moving expeditiously to con- It was not a nomination of which southwestern border to fill this va- sider and confirm Randy Crane, who Senators had indicated that would vote cancy. In fact, Randy Crane is the sec- was nominated in September, received one way and then went into a closed ond Federal judge confirmed from his ABA peer review in November, par- party caucus and were instructed to Texas in just the past few months. ticipated in a hearing in February, was vote another. It was not a party-line Not too long ago when the Senate reported by the committee in March vote insisted upon by party leaders. It was under Republican control, it took and is today being confirmed. was not a matter in which the com- 943 days to confirm Judge Tagle to the This nominee has the support of both mittee held a pro forma hearing and Southern District of Texas. She was Senators from his home State and ap- then refused over a period of weeks and nominated in August of 1995 and made pears to be the type of qualified, con- months to bring the matter to the to wait until March of 1998, stalled for sensus nominee that the Senate has committee agenda for an up or down 3 years, then passed unanimously—a been confirming to help fill the vacan- vote. lot different than the nomination of cies on our Federal courts. I congratu- It was not a circumstance where the Michael Schattman to a vacancy on late Mr. Crane and his family on his nominee was not afforded the oppor- the Northern District of Texas. He confirmation today. tunity to hear Senators’ concerns and never got a hearing. I recall 2 years Following the votes on the Pickering respond to those concerns. It was not a ago, Ricardo Morado, who served as nomination last Thursday by the Judi- circumstance where the nominee was mayor of San Benito, TX, was nomi- ciary Committee, there have been a not asked about concerns and cases and nated for a vacancy and never got a number of unfounded and unfair at- his own actions at his hearing. hearing or vote. They could have had tacks against Democratic members of This was a case in which I responded those votes. We could have moved for- the Judiciary Committee. Reasonable to the request of a Senator to proceed ward to fill those vacancies. This Sen- people can disagree about whether to schedule a quick hearing on a judi- ate and this Judiciary Committee is Judge Pickering deserved a promotion, cial nomination. trying to fill them. They could have given his record as a judge. I am sorry, As Senators reviewed this nomina- long ago been filled by nominees from however, that some have chosen to tion, they had concerns. They asked President Clinton, but the fact is the make that committee action into an the nominee about those concerns. The Republicans refused to even allow a unfortunately acrimonious fight. committee assembled a record, which vote. We are not doing the same. It is unfortunate that some are going was the record of the nominee’s official Unlike the many judicial nominees out of their way to intervene, for ex- actions as a Federal judge. The com- who were given a hearing but never al- ample, in a matter before the Rules mittee then held a follow-up hearing to lowed to be considered by the com- Committee, and objected to a bipar- allow the nominee another opportunity mittee, we try to make sure President tisan request for oversight funds—to be to make his best case and respond to Bush’s nominees get both a hearing evenly divided between the commit- Senators’ concerns and then provided a and a vote by the committee. Until tee’s majority and minority—in order further opportunity through written Judge Edith Clement of Louisiana re- better to fulfill our increased oversight questions and answers. ceived a hearing on her nomination to responsibility and make sure that After delaying committee action for the Fifth Circuit last year, after the agencies such as the FBI and the INS 2 weeks at the request of the Repub- shift in majority, there had been no are doing their jobs appropriately. lican leader and the ranking Repub- hearings on Fifth Circuit nominees In the wake of September 11, Senator lican on the committee, we met and de- since 1994 and no confirmations since HATCH and I submitted the joint re- bated the merits of the nomination for 1995. In fact, we confirmed the first new quest on behalf of the committee with over 4 hours before voting. judge of the Fifth Circuit in 6 years, oversight jurisdiction over the Depart- I believe that the members of the Ju- even though there was a judicial cir- ment of Justice and its components. diciary Committee based their votes on cuit emergency. We wanted to assess the management, their review of the record and their Jorge Rangel was nominated to the training, and resource lapses in the having measured the nominee against Fifth Circuit in 1997 and never received FBI, INS, and in the other Department the standard each Senator must de- a hearing on his nomination, or a vote, of Justice agencies to ensure that these velop for voting on lifetime appoint- in 15 months. Enrique Moreno was agencies know what they did wrong ments to the Federal courts. I regret

VerDate 11-MAY-2000 01:17 Mar 19, 2002 Jkt 099060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G18MR6.028 pfrm02 PsN: S18PT1 S2000 CONGRESSIONAL RECORD — SENATE March 18, 2002 that some are questioning the motives ing conscientiously to fulfill their con- Already, in less than 9 months in the of Senators. stitutional responsibilities. majority, we have made more progress The Senators on the Judiciary Com- I also want to express concerns about than was made in 4 whole years of Re- mittee, both Republican and Demo- recent statements from the adminis- publican leadership, 2000, 1999, 1997, cratic, are seeking to exercise their re- tration, including from the President, and, of course, 1996. sponsibilities with respect to their that the Senate’s treatment of judicial Within the past 9 months, after the votes appropriately, on the merits and nominees ‘‘hurts our democracy.’’ change in majority, we have confirmed in accordance with their standards for This statement reveals an unsettling 42 judges, including 7 to the courts of such matters. misunderstanding of the fundamental appeals. In spite of fair treatment, hearings separation of powers in our Constitu- In all of 2000, the Senate confirmed and a vote, on Thursday, attacks arose tion and the checks and balances in the fewer, only 39 judges, and in 1999 fewer suggesting that Senate Democrats Founder’s design. still, only 33 judges, with 7 to the have imposed an unconstitutional reli- In our democracy, the President is courts of appeals. gious test to the nomination of Judge not given unchecked powers to pack We are doing what the Republican Pickering to the appellate court. I the courts and to give lifetime appoint- majority did not do: keeping up with hesitate to dignify such a scurrilous al- ments to anyone who shares certain the rate of attrition and moving the legation with a response, but I feel I ideological views. numbers in the right directions. To- must set the record straight. The Instead, the Constitution provides a morrow we are scheduled to hold an- Democratic members of the committee democratic check on the power of ap- other hearing on another court of ap- have never inquired into Judge pointment by requiring the advice and peals nominee, at the request of Sen- consent of the Senate. Pickering’s religion. It had no place in ator ENZI. Each Senator on the committee made the deliberations. I hope this nominee will turn out to up his or her own mind on whether to These charges, that the Democratic be uncontroversial and well-regarded vote for the promotion of Judge Pick- Senators on the committee have voted by people from both sides of the aisle. ering to the Court of Appeals. The Sen- against Judge Pickering based in any Our task is made easier when the ators on the committee studied Judge way based on his religion are out- President works with members of both Pickering’s record as a judge. The com- rageous, unfounded, and untrue. parties to nominate consensus nomi- mittee’s vote was part of our demo- Whether a nominee goes to church, nees who are not outside of the main- cratic process. temple, or mosque, or not, has not been This democratic check on the Presi- stream and whose record demonstrates used by anyone in this Senate in the dent’s appointment power dem- that they will follow precedent, not try consideration of a judicial or any onstrates our democracy in action, not to find a way around it. nominee. action that ‘‘hurts our democracy.’’ By Tomorrow’s hearing will be our 15th Article VI of the United States Con- having fair hearings and voting on for judicial nominees within the last 9 stitution requires that ‘‘no religious nominees, up or down, the Judiciary tumultuous months. That is more test shall ever be required as a quali- Committee is proceeding as it should. hearings on judges than the Republican fication to any office or public trust The administration should not throw majority held during any full year. In under the United States.’’ In accord- gasoline onto this combustible situa- only 9 months we have confirmed as ance with the separation of church and tion. It could, instead, recognize its many court of appeals nominees, seven, state embodied in our Constitution, no role in sending division nominations to as the Republican majority averaged religious test has been applied to this the Senate and seek to work with us to per year while they were in control. nominee or any other. find and appoint consensus nominees. Indeed, in the 76 months in which a I recall the recent reports indicated Unlike the many judicial nominees Republican majority recently con- that Justice Scalia had recently com- who did not get hearings or were ac- trolled the pace of judicial confirma- mented on the religion of judges and corded a hearing but were never al- tions only 47 judges were confirmed to suggested that Federal judges who are lowed to be considered for a vote by the the 78 vacancies that existed on our Catholic should consider resigning if committee, we are trying to accord Federal courts of appeals. We have con- imposing the death penalty was a nominees whose paperwork is complete firmed seven in less than 9 months al- moral problem for them. But no Sen- and whose blue slips are returned both ready. The Republicans went one entire ator, at any time during the consider- a hearing and a fair up or down vote. congressional session, 1996, refusing to ation of the Pickering nomination, Those who assert that the Democrats confirm even a single court of appeals commented unfavorably on his reli- have caused a vacancy crisis in the nominee. gion. Federal courts are ignoring recent his- We are holding more hearings for The responsibility to advise and con- tory. more nominees than in the recent past. sent on the President’s nominees is one There were an unusually high num- We have moved away from the anony- that I take seriously and the other ber of retirements taken by Federal mous holds that so dominated the proc- members of the Judiciary Committee judges after the November 2000 elec- ess from 1996 through 2000. We have take seriously. Senator SCHUMER and tion. Moreover, by the time the Senate made home State Senators’ blue slips Senator FEINSTEIN chaired fair hear- was permitted to reorganize after the public for the first time. We have dras- ings on Judge Pickering’s nomination. change in majority, the number of va- tically shortened the average time for I regret that they and others on the cancies have reached 105 and was rising confirmation proceedings. committee have been subjected to un- to 111, including 32 vacancies on the What had grown during Republican fair criticism and attacks for fulfilling courts of appeals. That is the situation control to over 230 days on average is their duties. I inherited and the Democratic major- now down to 74 days from receipt of the Some of our Democratic Senators ity in the Senate was faced with last ABA peer review to confirmation for have been receiving calls and criticism summer. the 42 judges we have confirmed over based on their religious affiliations. Since then this is the 42d judicial the last 9 months. That is wrong. Other Senators have nominee to be confirmed, including However, because the Republicans re- been insulted and called names for ask- seven judges to the courts of appeals. fused to hold hearings on so many of ing questions of the nominee and for Contrary to what some might say, the President Clinton’s nominees there disagreeing with this choice for the Democratic majority has actually been were an enormous number of vacancies court of appeals. That is regrettable. keeping up with attrition and we have we inherited. Under Democratic leader- There are strongly held views on started moving the vacancy numbers in ship, we have tried to fill those vacan- both sides. But while Democrats and the right direction—down. By contrast, cies as quickly as possible. most Republicans have kept to the from January 1995, when the Repub- By moving first on the nonideolog- merits of this nomination, it is unfor- lican majority took over control of the ical and well qualified of President tunate that some have chosen to vilify, Senate until they relinquished it in Bush’s nominees we can fill the most castigate, unfairly characterize, and June 2001, Federal judicial vacancies vacancies in the least amount of time. condemn without basis Senators work- rose by 65 percent, from 63 to 105. With controversial, less qualified

VerDate 11-MAY-2000 02:09 Mar 19, 2002 Jkt 099060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\A18MR6.009 pfrm02 PsN: S18PT1 March 18, 2002 CONGRESSIONAL RECORD — SENATE S2001 judges we spend much more of time. volved comparing 9 months to 12 Crane, who is the next nominee for the With consensus, well-qualified nomi- months, 9 months to 9 months, 3 Federal judiciary who will be voted on nees we could have confirmed a dozen months to 3 months, and so on. Of by the Senate this afternoon. I am judges in the same amount of time the course, anyone knows that you can ma- proud to support Randy Crane’s nomi- committee devoted over the last 5 nipulate statistics to achieve the result nation to be a Federal judge for the months to the Pickering nomination. you want. I find the bottom line num- Southern District of Texas. It is not possible to repair the dam- bers to tell a more compelling story. Texas’ Southern District has the age caused by long standing vacancies And the bottom line is that we have 94 third highest number of filings of in several circuits overnight, but we vacancies in the Federal judiciary criminal cases in the country. It is tre- are contributing to improved condi- today—the exact same number as we mendously overburdened. The non- tions in the 5th, 10th, and 8th circuits, did at the end of last session, and only partisan Judicial Conference of the in particular. We will do our best to slightly fewer than we did when the United States has designated the court remedy as many circumstances as pos- Democrats took control of the Senate as a ‘‘judicial emergency.’’ sible. in June of last year. Randy Crane has an outstanding I understand we have time before the The bottom line numbers are even record of academic qualifications, legal vote. The distinguished ranking mem- more compelling when you look at the experience, and public service to make ber has come to the floor. I yield the number of circuit court vacancies. him an excellent Federal judge. He has floor. When Senate Democrats took over been unanimously approved by the Mr. HATCH. I thank my colleague for the Judiciary Committee in June of American Bar Association. his courtesy. last year, there were 31 circuit court A graduate of the University of Texas The PRESIDING OFFICER. The Sen- vacancies, and there remain 31 circuit at Austin, Randy Crane received his ator from Utah. court vacancies today. This does not law degree with honors at the Univer- Mr. HATCH. I will say a few words represent progress—it represents stag- sity of Texas School of Law at the age before the vote. I ask unanimous con- nation. of 22. He is currently a partner with sent I be permitted to proceed for a few In contrast, at the end of 1995, which one of the outstanding law firms of minutes. was the Republicans’ first year of con- Texas, Atlas & Hall, a law firm in The PRESIDING OFFICER. Without trol of the Judiciary Committee during McAllen, TX. He has been active in the objection, it is so ordered. the Clinton administration, there were State bar of Texas and a director of the Mr. HATCH. Mr. President, the vote only 13 circuit vacancies. Texas-Mexico Bar Association. Randy Crane is a native of south will still be at 5:50 because Senators In fact, during President Clinton’s Texas, and he is of Mexican American have commitments. first term, circuit court vacancies heritage. Randy Crane has strong rela- Mr. President, I rise to support the never exceeded 21 at the end of any tionships within the local community. nomination of Robert Randall Crane to year—including 1996, a presidential He is highly respected and has been be U.S. District Judge for the Southern election year, when the pace of con- very active in McAllen. Everyone I District of Texas. firmations has traditionally slowed. have talked to who lives in McAllen I have had the pleasure of reviewing Moreover, there were only 2 circuit knows Randy Crane and thinks so high- Mr. Crane’s distinguished legal career, nominees left pending in committee at and I have come to the conclusion that ly of him. the end of President Clinton’s first His community involvement includes he is a fine lawyer who will add a great year in office. In contrast, 23 of Presi- working with the McAllen Independent deal to the federal bench in Texas. dent Bush’s circuit nominees were left School District helping children, try- Randy Crane is a native Texan who hanging in committee at the end of ing to make sure they have a quality graduated with honors from the Uni- last year. public education system in McAllen. versity of Texas School of Law when he Last Thursday, Senator LOTT intro- He is active with the American Cancer was only 22 years old. He clerked for duced a resolution calling for the con- Society, youth soccer, and Little the McAllen, Texas, firm of Atlas & firmation of each of the circuit court League baseball. Hall during the summers of 1986 and judges nominated by President Bush on I urge my colleagues to support the 1987, joined the firm as a full-time asso- May 9 of last year. nomination of Randy Crane to the Fed- ciate in 1988, and became a partner in We are coming up on the one-year an- eral bench. This is a vacancy that 1994. During his fourteen-year legal ca- niversary of those nominations, and needs to be filled quickly, and we have reer, Mr. Crane has handled primarily yet only 3 of the 11 nominees have had a quality candidate to fill that need. civil cases, including commercial liti- hearings and confirmation votes. All of The President has made this nomina- gation, personal injury matters, and these nominees have received qualified tion, and his nomination has received toxic torts. He has also gained valuable or well-qualified ratings from the bipartisan support. So I look forward experience in several criminal cases, American Bar Association. to a unanimous vote on behalf of including a large federal drug con- This is problematic because it is no Randy Crane, and getting help down to spiracy case. secret that there is a vacancy crisis in this Southern District that so des- Mr. Crane currently serves as a Di- the federal circuit courts, and that we perately needs the attention because of rector of the Texas-Mexico Bar Asso- are making no progress in addressing its high caseload. ciation, which seeks to promote cross- it. Mr. President, I yield the floor. border dialogue of common legal A total of 22 circuit nominations are The PRESIDING OFFICER. The issues, resolution of cross-border legal pending in the Judiciary Committee. question is, Will the Senate advise and issues, education about United States But we have confirmed only one circuit consent to the nomination of Randy and Mexico legal systems, and attorney judge this year, and only seven since Crane, of Texas, to be United States networking for answering questions President Bush took office. District Judge for the Southern Dis- about the two legal systems. In light of the vacancy crisis, we can- trict of Texas? On this question, the I have every confidence that Randy not afford to let only 10 Senators de- yeas and nays have been ordered. The Crane will serve with distinction on feat a circuit nominee. This is a ques- clerk will call the roll. the federal district court for the South- tion of process, not of seeking favor- The legislative clerk called the roll. ern District of Texas. able treatment. Mr. REID. I announce that the Sen- Mr. President, I must take a moment For all these reasons, it is imperative ator from Iowa (Mr. HARKIN), the Sen- to respond to some of the comments to support Senator LOTT’s resolution to ator from South Dakota (Mr. JOHNSON), made by my colleague, the distin- get hearings and votes for our longest the Senator from Louisiana (Ms. guished Senator from Vermont, regard- pending circuit nominees. Given the LANDRIEU), the Senator from New York ing the pace of judicial confirmations. vacancy crisis in our circuit courts, I (Mr. SCHUMER), and the Senator from The Senator has made much of com- cannot imagine anyone voting against New Jersey (Mr. TORRICELLI) are nec- paring the pace of confirmations under it. essarily absent. Republican and Democratic control of Mrs. HUTCHISON. Mr. President, I Mr. NICKLES. I announce that the the Judiciary Committee. This has in- rise today to speak on behalf of Randy Senator from Missouri (Mr. BOND), the

VerDate 11-MAY-2000 01:17 Mar 19, 2002 Jkt 099060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\A18MR6.011 pfrm02 PsN: S18PT1 S2002 CONGRESSIONAL RECORD — SENATE March 18, 2002 Senator from Arizona (Mr. MCCAIN), Graham, Daniel K. Inouye, Joseph R. that occurred last week, which I would the Senator from North Carolina (Mr. Biden, Jr., Patty Murray, James M. like to bring to the attention of the HELMS), and the Senator from Arizona Jeffords, Jeff Bingaman, Debbie Senate. Stabenow, Max Baucus, E. Benjamin (Mr. KYL) are necessarily absent. First is the successful test last Fri- Nelson, Harry Reid, Richard J. Durbin, day night of our Nation’s long-range I further announce that if present Jon Corzine, Thomas R. Carper. and voting the Senator from North missile defense system. This was the The PRESIDING OFFICER. The ma- Carolina (Mr. HELMS) would vote fourth successful test against an inter- ‘‘yea.’’ jority leader is recognized. continental ballistic missile and it was The PRESIDING OFFICER (Mrs. LIN- Mr. DASCHLE. Madam President, we much more complicated than earlier COLN). Are there any other Senators in anticipate a cloture vote on Wednesday tests have been, in that the target war- the Chamber desiring to vote? on campaign reform. I have talked with head was accompanied by three decoys. The result was announced—yeas 91, the Senator from Kentucky. I am not Despite the presence of these counter- nays 0, as follows: averse to—in fact, I would encourage measures, the interceptor was able to [Rollcall Vote No. 52 Ex.] our colleagues to return to the energy destroy the ICBM warhead. bill and continue the debate on the en- YEAS—91 The target warhead was launched on ergy bill. But if Senators have a desire Akaka Domenici McConnell a missile from California, nearly 5,000 Allard Dorgan Mikulski to speak on campaign reform, to be miles from the interceptor. The target Allen Durbin Miller heard on it, they are certainly entitled warhead itself was a cone about 4 feet Baucus Edwards Murkowski to do so. We will be on campaign re- high and 2 feet wide at its base. The de- Bayh Ensign Murray form on Wednesday. Bennett Enzi Nelson (FL) coys were about the same size. Sensors Biden Feingold Nelson (NE) If we get a unanimous consent agree- were able to track these objects along Bingaman Feinstein Nickles ment, it may be for a shorter period of their flightpath and give their location Boxer Fitzgerald Reed time. Barring that, we will then stay Breaux Frist Reid to a battle management system. The Brownback Graham Roberts on it through the end of the period, as- battle management system computed Bunning Gramm Rockefeller suming we get cloture on Wednesday. an intercept point and launched the in- Burns Grassley Santorum Mr. MCCONNELL. Will the Senator terceptor. The interceptor missile re- Byrd Gregg Sarbanes yield? Campbell Hagel Sessions ceived information about the target’s Cantwell Hatch Shelby Mr. DASCHLE. Yes. position and characteristics, and while Carnahan Hollings Smith (NH) Mr. MCCONNELL. I want to give the it was still several hundred miles from Carper Hutchinson Smith (OR) leader an update. We have had very Chafee Hutchison Snowe the target warhead, the kill vehicle Cleland Inhofe Specter fruitful negotiations today on the tech- separated from its booster rocket, its Clinton Inouye Stabenow nical corrections package. I see my infrared sensors then detected the tar- Cochran Jeffords Stevens friend from Wisconsin. We have been get, and its guidance system fired Collins Kennedy Thomas bouncing back and forth for a couple of Conrad Kerry Thompson small rocket motors to guide the vehi- Corzine Kohl Thurmond days. We are very close to finishing cle into a collision with the warhead. Craig Leahy Voinovich that. I hope we will be able to enter The target was destroyed by the force Crapo Levin Warner into a unanimous consent agreement Daschle Lieberman Wellstone of this collision. All of this took place Dayton Lincoln Wyden that would advance the cloture vote in just a few minutes in outer space, at DeWine Lott sooner and have a limited time agree- closing speeds in excess of 20,000 miles Dodd Lugar ment under which you can have a an hour. NOT VOTING—9 scheduled cloture vote; then, hopefully, This impressive event cannot be con- Bond Johnson McCain some kind of agreement related to the sidered routine, but it is becoming reg- Harkin Kyl Schumer technical package—a Senate resolution ular. The regularity with which our Helms Landrieu Torricelli that both sides agree on, with a brief missile defense testing is succeeding is The nomination was confirmed. debate, giving the proponents and op- very encouraging. Although slowed The PRESIDING OFFICER. Under ponents of the bill enough time to de- down by uncertain funding and ABM the previous order, the motion to re- scribe their views, and then go to final Treaty restrictions in the past, the consider is laid on the table, and the passage, all of which I hope can be done missile defense program is now show- President shall be immediately noti- in a few hours. I am optimistic that it ing the benefits of the support provided fied of the Senate’s action. won’t take much of the Senate’s time by Congress over the past few years f to complete this job. and of the new seriousness with which I see my friend from Wisconsin on LEGISLATIVE SESSION President Bush has attacked this prob- the floor. I hope he will see things the lem. The PRESIDING OFFICER. The Sen- same way I do and we might be able to There is still much technical work to ate will now return to legislative ses- get this off of your plate sometime to- be done, and problems are bound to sion. morrow. occur, as they do in all weapons pro- The majority leader is recognized. Mr. DASCHLE. Madam President, I grams. But the continued testing suc- f am very pleased to receive that report. cess of our ground-based missile de- BIPARTISAN CAMPAIGN REFORM I look forward to talking more with fense system—as well as in other mis- ACT OF 2002—Continued the Senator from Kentucky, the Sen- sile defense systems such as the Pa- ator from Wisconsin, and others, as the triot PAC–3 and the sea-based mid- CLOTURE MOTION day unfolds tomorrow. course system—suggests that we are Mr. DASCHLE. Madam President, I Senators should be prepared, begin- steadily making progress and moving send a cloture motion to the desk. ning tomorrow morning, for votes. We toward the time when we will no longer The PRESIDING OFFICER. The clo- will see if we can schedule some debate be defenseless against ballistic missile ture motion having been presented on the energy bill and move forward attack. under rule XXII, the Chair directs the with amendments on the energy bill The other event I want to mention in clerk to read the motion. until some agreement can be reached. this context was last week’s testimony The assistant legislative clerk read I yield the floor. before our Governmental Affairs Sub- as follows: The PRESIDING OFFICER. The Sen- committee on International Security CLOTURE MOTION ator from Mississippi is recognized. by Mr. Robert Walpole, National Intel- We, the undersigned Senators, in accord- f ligence Officer for Strategic and Nu- ance with the provisions of rule XXII of the clear Programs at the CIA. Mr. Walpole Standing Rules of the Senate, hereby move MISSILE DEFENSE TESTING AND testified on an unclassified CIA report to bring to a close the debate on Calendar THE BALLISTIC MISSILE THREAT No. 318, H.R. 2356, a bill to provide bipartisan published last December entitled ‘‘For- campaign reform: Mr. COCHRAN. Madam President, eign Missile Developments and the Bal- Russell D. Feingold, Tom Daschle, Tim there have been two important events listic Missile Threat to the United Johnson, Byron L. Dorgan, Bob relating to missile defense programs States Through 2015.’’ Compared with

VerDate 11-MAY-2000 02:09 Mar 19, 2002 Jkt 099060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\A18MR6.012 pfrm02 PsN: S18PT1 March 18, 2002 CONGRESSIONAL RECORD — SENATE S2003 the 1999 version of this report, Mr. Wal- and growing stronger every day. I re- port Group in Federal Way. Katie, who pole said the missile threat to the cently visited with Kitty Mauffray, herself is autistic, is well aware of the United States had increased in signifi- Dorothy Shaw, Ann Billick, Jean Lee, acute needs of autistic individuals and cant ways. He also said specifically, Dr. Mary Cates, and Rowell Saunders, their families and worked diligently to where it was previously judged that the representatives from the Girl Scouts establish the first support group in her United States would probably face an Councils of Mississippi. I am pleased to community. I am pleased that the Fed- intercontinental ballistic missile know that at the present time, with eral Way Autism Support Group now threat from Iran by 2015, it is now said 45,000 girls enrolled, 1 out of 9 girls in supports over ninety families in the by our intelligence community to be Mississippi is a Girl Scout. I am sure area and I am hopeful that Katie’s or- most likely the same level of threat as- that these numbers will continue to ganization will serve as a national signed to North Korea. And North Ko- grow. model to provide comfort and assist- rea’s Taepo Dong-2 missile, which pre- I would also like to recognize the ance to the thousands of people who viously was assessed at having a range Girl Scouts of Mississippi for their are afflicted with autism. of up to 6,000 kilometers, is now judged commitment to community service. I was thrilled to have been invited by to have a range of 10,000 kilometers if Not only do they routinely visit nurs- my State Girl Scouts Councils to join configured with two rocket stages, and ing homes, help to beautify our cities in the first Honorary Congressional 15,000 kilometers if it is equipped with and towns, and work to improve the Girl Scout Troop. I am pleased to join a third stage, as was its predecessor. quality of life for children less fortu- my female colleagues, Representatives A 15,000 kilometer range is sufficient, nate than themselves, but I understand JO ANN EMERSON and ELLEN TAUSCHER, according to Mr. Walpole, to reach all that in the aftermath of September 11, and Senators HUTCHISON and MIKULSKI of North America with a payload large Girl Scouts across Mississippi worked as a member of this troop. I look for- enough to carry a nuclear weapon. The to collect donations and created many ward to working with my colleagues in report notes that the proliferation of cards of sympathy and support for vic- Troop Capitol Hill, and Girl Scout missile technology also has become tims of this national tragedy. The Girl troops across the country to identify worse. The witness said Iran was now Scout Law states that each scout will the many challenges facing girls and assuming a more significant role as a do her best to ‘‘make the world a bet- young women today and ways we can supplier of this technology to other na- ter place,’’ and I think that these girls assist them to overcome these obsta- tions. Finally, Mr. Walpole noted that have done just that. cles. the United States needs to be vigilant Girl Scouts of the USA recognizes Again, I wish to congratulate the against both terrorism and long-range that girls need leadership skills, self- Girl Scouts on their 90th anniversary missile threats, saying: assurance, and social conscience to be- milestone and thank them for the im- We’ve got to cover both threats. come strong women. I offer my sincere portant and valuable work that they As we fight a war against terrorism, congratulations to the Girl Scouts of continue to do. we cannot lose sight of the fact that the USA for fulfilling this need, and Mr. ALLEN. Mr. President, I rise other threats are just as serious. The wish them the best of luck in the fu- today in recognition of the 90th anni- CIA’s report on the missile threat is a ture as they continue to help girls versary of the Girl Scouts of the USA. timely reminder of that, and last Fri- grow strong and instill values that will Girl Scouting began on March 12, day’s successful missile defense test is last a lifetime. 1912, when founder Juliette Gordon an encouraging sign that we are mak- Ms. CANTWELL. Mr. President, I Low assembled 18 girls from Savannah, ing progress in preparing to answer rise today to congratulate the Girl GA. She believed all girls should be that threat. Scouts on their 90th anniversary cele- given the opportunity to develop phys- The PRESIDING OFFICER. The Sen- bration which took place on March 12, ically, mentally and spiritually. Girl ator from Nevada. 2002. Scouts of the USA was chartered by The first Girl Scout meeting took the U.S. Congress on March 16, 1952. f place in Savannah, GA on March 12, That belief in personal development MORNING BUSINESS 1912 when Juliette Gordon Low gath- has evolved into today’s Girl Scout Mr. REID. Madam President, I ask ered eighteen girls together. Ninety mission; to help all girls grow strong. unanimous consent that the Senate years later, with 3.7 million members, The Girl Scouts have grown leaps and now proceed to a period for morning the organization continues to offer bounds from that first meeting of 18 business, with Senators allowed to girls of all ages, races and socio-eco- girls in 1912. There are more than speak therein for a period not to exceed nomic backgrounds the opportunity to 233,000 troops throughout the United 10 minutes each. grow, develop friendships, challenge States and Puerto Rico available to all The PRESIDING OFFICER. Without themselves, and gain valuable life ex- girls ages 5–17. Today, there is a mem- objection, it is so ordered. periences. bership of 3.8 million worldwide, mak- f There are 40,000 Girl Scouts in my ing it the largest organization in the home state of Washington. These girls world for girls. More than 50 million 90TH ANNIVERSARY OF GIRL are among millions nationwide who are women are Girl Scout alumnae, includ- SCOUTS OF AMERICA preparing themselves to be future lead- ing my wife, Susan, and our daughter, Mr. LOTT. Mr. President, I rise on ers. By examining high-tech careers, Tyler. this occasion to wish a happy 90th An- developing money management skills, We celebrate today the principles on niversary to the Girl Scouts of the participating in the arts and sports, which the Girl Scouts were founded: USA, and invite my colleagues to join and learning about other cultures, Girl Empowering girls to develop their full me in recognizing the organization in Scouts are making themselves well potential; teaching girls to relate well their 90th year of building character, rounded individuals who will no with others; developing values that confidence, and skills necessary for doubtedly lead our country to great provide the foundation for sound deci- success in girls throughout the coun- things in the years to come. Girl sion-making; and making positive con- try. Founded on March 12, 1912, when Scouts serve to better our environ- tributions to society. Juliette Gordon Low assembled 18 girls ment, our community and our country. Girl Scouting continues to apply from Savannah, GA, Girl Scouts of the I would like to highlight the accom- these principles to current issues with USA has grown to a current member- plishments of one of my constituents, programs that encourage girls to ship of 3.8 million, making it the larg- Girl Scout Katie Grimes. Katie is one bridge the digital divide; pursue ca- est organization for girls in the world. of ten women to receive the National reers in science, math and technology; On March 16, 1950, the Girl Scouts of Women of Distinction Award which learn how to manage money; and to the USA became the first national or- recognizes women who have dem- grow into healthy, resourceful citizens. ganization for girls to be granted a onstrated enormous courage and Troop meetings take place without Federal charter by Congress. strength. Katie, using many of the regard to socioeconomic or geographic I am proud to say that Girls Scouts skills she developed in the Girl Scouts, boundaries. Meetings take place in in the State of Mississippi are active founded the Federal Way Autism Sup- homeless shelters, migrant farm

VerDate 11-MAY-2000 01:17 Mar 19, 2002 Jkt 099060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G18MR6.039 pfrm02 PsN: S18PT1 S2004 CONGRESSIONAL RECORD — SENATE March 18, 2002 camps, and juvenile detention facili- fast support during its membership on drop off their children at the courses. ties. There are even meetings which as- the United Nations Security Council in In a sense, it was a form of daycare, sist girls who are relocating, whether 2001. In the weeks and months after but one in which the boys and girls across the State or around the world, September 11, the Security Council were kept busy learning how to exam- with support and help them adjust to adopted several resolutions that em- ine soil with litmus paper and how to new locations. The Girls Scouts mobi- bodied U.S. objectives for combating tie knots and splice ropes. They even lized immediately following September global terrorism and freeing Afghani- examined droplets of milk under mi- 11 to provide resources for girls and stan from the yoke of a repressive re- croscopes. their families dealing with fear and gime that granted safe haven to al- Eventually, Graham expanded this loss. Qaida. Tunisia, the sole Arab member program with help from the Ohio Agri- Let us commend this organization for state on the Council at that time, cultural Experiment Station and the the positive role it has played in the worked closely and constructively with dean of agriculture at The Ohio State lives of million of girls and women in the United States in that crucial diplo- University, itself a land-grant college. Virginia, across the Nation, and around macy. Ohio State took quickly to this course the world. I applaud their efforts and So, on this, the 46th anniversary of concept, as it offered the university an wish them the best for another tremen- Tunisia’s independence, we recognize effective way to communicate with dous 90 years of Girl Scouting in the an international friend and express our farmers throughout Ohio. By 1903, Gra- USA. commitment to continued cooperation ham’s agriculture club had over 100 Mr. HAGEL. Mr. President, I rise and mutual progress over the years to members, and by 1904, 13 such county- today to congratulate the Girl Scouts come. We are fortunate to count Tuni- wide clubs had been organized in Ohio. of America on their 90th Anniversary. sia among our friends and partners in You might say that Graham had plant- Since Juliette Gordon Low founded North Africa, the Middle East, and on ed the seed for the 4–H organization, the Girl Scouts in 1912, this organiza- the global stage. and it sprouted quickly. tion has provided young girls with the f It didn’t take long before similar leadership skills to make a difference clubs grew nationally. Around this in their communities and our world. 4–H 100TH ANNIVERSARY time, a clover became a commonly Girl Scouts teach self-confidence, re- Mr. DEWINE. Mr. President I rise known symbol for club members, who sponsibility and integrity at a young today to recognize the National 4–H or- wore the symbol on their lapels. An- age and these core values stay with ganization upon it’s 100th anniversary other landmark for 4–H came in 1906, girls throughout their lives. this year. The organization, symbolized when Thomas Campbell, an assistant Today, more than 3.7 million girls in by the famous four leaf clover, has be- to George Washington Carver, was over 233,000 troops are learning new come synonymous with rural America hired to establish youth farming orga- skills, developing talents and building and agriculture. While 4–H has its roots nizations for African-American farmers friendships across geographic, ethnic in many States, I am proud to say that in the south. At a time in our Nation and socioeconomic lines. Through the youth organization got its primary when the racial divide ran deep, 4–H scouting, Girl Scouts participate in start in my home State of Ohio—in community service projects, cultural was clearly ahead of its time. Springfield. By 1914, a mere decade after 4–H’s exchanges, athletic events and edu- I would like to take a few minutes creation, President Woodrow Wilson cational activities. None of this would today to remind my colleagues about signed the Smith-Lever Act into law, be possible without the generosity and how 4–H evolved into what it is today. establishing the Cooperative Extension commitment of parents and commu- In doing so, we need to step back and System. This system offered a mecha- nity members who donate their time to remember what our Nation was like at nism through which 4–H programs help shape the lives of young girls the beginning of the 20th century and through the Girl Scouts. could receive Federal funds. how the field of agriculture was suf- In Nebraska, I represent more than Now jump forward to today. The 4–H 20,000 Girl Scouts, I am also a proud fering from the industrial revolution. organization continues to be one the As a result of the industrial revolu- Girl Scout parent. most active youth organizations in our I congratulate and thank the Girl tion, our nation experienced, for the Nation, with chapters not only in the Scouts on their 90th year. first time, a greater number of people United States, but throughout the living in cities than in small, rural ag- world. 4–H clubs have expanded from f ricultural communities. As a new gen- rural to urban areas, where they pro- 46TH ANNIVERSARY OF TUNISIA’S eration of farmers were talking about vide a new of group kids with essential INDEPENDENCE moving to ‘‘the big city,’’ many began leadership skills and community serv- Mr. LIEBERMAN. Mr. President, I to fear a lapse in the traditional teach- ice involvement. National 4–H meet- rise today to acknowledge the anniver- ing techniques in which parents taught ings have even become platforms for sary on March 20 of the independence their children how to farm. Addition- presidents and other national officials of Tunisia, an Arab republic and friend ally, the industrial revolution brought to voice their ideas for agriculture and of the United States for forty-six years. about new technologies, many of which other policies. Americans of my generation recall the greatly affected farming techniques. At The fear of an agriculture system principles advanced by Tunisia’s first first, unfortunately, few people knew eroding away with the expansion of cit- leader, Habib Bourguiba, in setting the about these technologies—let alone ies continues to this day, as we have country on its historic course, liberty, how to use them. As concerns contin- witnessed the massive growth in urban modernity and religious tolerance. ued to grow, many communities were sprawl. But, this merely furthers the Today, under President Zine Abidine forced to develop programs that sought need for 4–H. Although today’s 4–H or- Ben Ali, the country continues its sub- new and innovative ways of teaching ganization may be larger than the stantial progress toward establishing the next generation of farmers. original 100 members and our commu- an export-oriented market economy, The most successful of these pro- nication has increased from town meet- raising real per capita income, com- grams was created in Springfield, OH. ings to Internet chat rooms, the orga- bating poverty, educating its girls and It was there, in 1902, that Albert B. nization’s principles of Head, Heart, boys equally well, and improving the Graham, superintendent of the Clark Hands, and Health remain the same. standard of living for all its citizens. County school system, first established Without question, the lessons and As we applaud these achievements, we agricultural classes. Recognizing that skills 4–H members learn will last a also wish the Tunisian people and their many people would have a difficult lifetime. leaders perseverance and success in time with the concept of learning farm- I am proud to know that organiza- building a society of justice, civil ing outside of the family, Graham es- tions, like 4–H, are there to help guide rights, and pluralistic, participatory tablished a club that offered Saturday our next generation of farmers, teach- democracy. morning classes in the basement of the ers, and even elected officials toward a This body and the American people county building. Families coming into better tomorrow. I also am proud to today can thank Tunisia for its stead- town to do their weekly shopping could say that my wife, Fran, and I have had

VerDate 11-MAY-2000 01:17 Mar 19, 2002 Jkt 099060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G18MR6.043 pfrm02 PsN: S18PT1 March 18, 2002 CONGRESSIONAL RECORD — SENATE S2005 children go through the 4–H program least of which is her dedication to her ular Artificial Reef Program in the for 24 straight years now—in fact, last family and friends. 1970’s. He has championed that pro- year was our eighth and youngest A native of Kentucky, Agnes was gram’s growth to a system that now child, Anna’s first year in 4–H. born in Lexington to Ed and Sarah consists of more than 30 inshore and I congratulate 4–H on their centen- Scully. She graduated high school from offshore reefs, providing an essential nial anniversary, and I wish them the St. Catherine’s Academy and later marine habitat. best for their next 100 years. went on to work as a children’s cloth- Duane was instrumental in the estab- lishment and expansion of the Coastal f ing buyer for retail stores such as Pur- cell’s, Embry’s, Wolfe Wiles, McAlpins, Division’s 24-hour on-call network, ADDITIONAL STATEMENTS and Tots ’n Teens. which has provided round-the-clock re- Agnes was a devoted Catholic and a sponse to fish kill, sea turtle and ma- long-time member of St. Paul Catholic rine mammal strandings since the TRIBUTE TO MAJOR GENERAL 1980’s. He has personally responded to JOHN S. PARKER Church. St. Paul played a significant role in Agnes’ life and is where she was numerous situations involving ∑ Ms. MIKULSKI. Mr. President, I rise baptized, received first Holy Com- strandings and injured birds, sea tur- today to pay tribute to Maj. Gen. John munion, was confirmed, and married. tles, and porpoises. Duane is the con- S. Parker of the U.S. Army Medical Upon her passing away, St. Paul is also tact that local officials, the Coast Corps. Major General Parker has where her family and friends gathered Guard, Law Enforcement, and coastal served our Nation for more than 39 to say their goodbyes and to celebrate citizens call upon when no one can be years. He has distinguished himself and her life. reached. He has also worked tirelessly the Army Medical Command while I am certain the legacy left behind by as a volunteer for DNR’s annual Week- serving in several positions of increas- Agnes Fister will live on. I offer my end for Wildlife celebration since its ing responsibility. Major General deepest condolences to her family, es- inception in 1989. Let me also note that Duane is not Parker capped his illustrious career as pecially her children, 20 grandchildren, simply someone who works to enforce a Commander of the United States Army and 26 great grandchildren. I ask my rulebook. He is an innovative and Medical Research and Material Com- colleagues to join me in honoring the thoughtful planner who helps shape mand at Fort Detrick, MD. memory of Agnes Scully Fister. She new policies. For example, during the During his extraordinary military was an outstanding Kentuckian and service, General Parker has shaped ∑ 1990’s, he played a pivotal role in the will be missed. passage of far-reaching legislation to every part of the Army Medical De- f partment, from direct patient care, benefit Georgia’s unique coastal envi- training, personnel management, and TRIBUTE TO DUANE HARRIS ronment when he spearheaded the suc- installation management, to doctrine ∑ Mr. MILLER. Mr. President, I rise cessful regulatory implementation of development, policymaking, research today in recognition and honor of my The Protection of Tidewaters Act, O.C.G.A. Sections 52–1–1 through 52–1– and medical product development. His friend and an outstanding public serv- 10, and the Right of Passage Act, mark on military medicine extends far ant, Mr. Duane Harris of St. Simons Is- O.C.G.A. 52–1–30 through 52–1–39, in beyond the Department of Defense and land, GA. Duane will be retiring on 1992, culminating in the removal by into the international community. April 1 of this year from his position as 1999 of the last remaining river houses We in the Senate saw the important the Director, Coastal Resources Divi- that were causing environmental deg- work of Ft. Detrick in researching de- sion, of the Georgia Department of radation and other problems. fenses against biological attacks when Natural Resources. His retirement Duane worked very hard to provide Senator DASCHLE received an anthrax- comes after some three decades of serv- information to local municipalities and laden letter last October. Major Gen- ice to the people of the State of Geor- county governments about the benefits eral Parker’s command responded by gia and this Nation. of a federally-approved Georgia Coastal swiftly and accurately identifying the Duane has served in the very impor- Management Program, and has assisted anthrax here on Capital Hill. tant position of Coastal Director since in the development of the Georgia Major General Parker’s service em- 1982, during a time of extraordinary Coastal Management Act, O.C.G.A. bodies the best traditions our military challenge for the Department of Nat- Section 12–5–320, in 1997, and its very services have to offer. This soldier, ural Resources. The Coastal Division successful implementation since that statesman, scientist, and commander encompasses all of our beautiful Gold- time. has displayed the highest level of com- en Isles where we take great pride in Over the past 4 years, Duane Harris mitment to our most precious re- our magnificent beaches, salt water spearheaded the efforts to regulate source, America’s armed forces. and fresh water wetlands, and the liv- driving on Georgia’s remote barrier is- I thank John and his wife Julie for ing creatures that depend on those eco- land beaches in a manner consistent their tireless dedication to serving the systems for life itself. with the Shore Protection Act. Duane United States and the Army. They In Georgia, as elsewhere in our Na- took the lead on all required adminis- have served our Nation with honor. I tion, the coastal area is where we find trative procedures, facilitating a wish John and Julie well as they enter some of the greatest pressures for de- lengthy citizen advisory process initi- a new phase of their lives.∑ velopment and population growth, and ated in August 1998. He formulated the f the inevitable confrontation between resulting regulations to afford the those pressures and environmental pro- needed protection to shorebirds, nest- TRIBUTE TO AGNES SCULLY tection. And in this difficult arena, FISTER ing sea turtles, and the fragile dune en- Duane Harris has served with remark- vironment while accommodating the ∑ Mr. MCCONNELL. Mr. President, I able distinction. interests of legally-recognized property rise today to pay tribute to Agnes Duane joined the Georgia DNR on holders. This was a sensitive and con- Scully Fister, who died January 9, 2002, July 1 of 1970. His service to the State’s troversial issue, for which he forged a at the age of 85. coastal resources through the years reasonable system of regulation. Fol- Agnes made it easy for people to re- has been diverse and distinguished. In lowing adoption of these rules in De- member her, leaving behind a legacy as his initial job of Wildlife Biologist he cember 1998, he worked to implement a loving wife, mother, grandmother, worked in developing the baseline them prior to the onset of the 1999 sea and friend. She was a unique individual characterization of marine fisheries re- turtle nesting season. who cherished life, enjoyed going to sources in Georgia, including assessing Duane recently led the deliberations church, and loved meeting and talking shrimp and blue crab stocks and formu- of a diverse Marsh Hammocks Advisory to people. She married Louis A. Fister lating management decisions regarding Council in an examination of the issue and was blessed with a wonderful fam- harvest seasons in specific areas. He of development of coastal marsh ham- ily that included four sons and two conducted a coast-wide inventory of mocks and back barrier islands. His re- daughters. Agnes will be remembered Georgia’s oyster resources and was one gional and national conservation serv- for many different reasons, not the of the founders of Georgia’s very pop- ice includes serving as chairman of

VerDate 11-MAY-2000 01:17 Mar 19, 2002 Jkt 099060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G18MR6.046 pfrm02 PsN: S18PT1 S2006 CONGRESSIONAL RECORD — SENATE March 18, 2002 both the South Atlantic Fishery Man- like to thank Duane Harris for his de- Committee on Agriculture, Nutrition, and agement Council and the Atlantic votion to his duty and express my Forestry. States Marine Fisheries Commission. heartfelt thanks for a job well done.∑ EC–5753. A communication from the Under At the State and local level, he has Secretary, Research, Education and Econom- f ics, Department of Agriculture, transmit- brought a marine conservation perspec- EXECUTIVE AND OTHER ting, pursuant to law, the report of a rule en- tive to the numerous boards, steering titled ‘‘Availability of Information, Eco- committees, task forces, civic and COMMUNICATIONS nomic Research Service’’ (7 CFR Part 3701) service organizations on which he has The following communications were received on March 15, 2002; to the Committee served, including the Leadership Geor- laid before the Senate, together with on Agriculture, Nutrition, and Forestry. gia Board of Trustees, the Brunswick accompanying papers, reports, and doc- EC–5754. A communication from the Sec- retary of Agriculture, transmitting, pursu- Rotary, the Brunswick-Golden Isles uments, which were referred as indi- ant to law, a report relative to Horse Protec- Chamber of Commerce, and the Keep cated: tion Enforcement for calendar year 2000; to Brunswick-Golden Isles Clean and EC–5744. A communication from the Sec- the Committee on Agriculture, Nutrition, Beautiful Board. In recognition of his retary of Energy, transmitting, pursuant to and Forestry. marine conservation expertise and con- law, the Department’s Report concerning EC–5755. A communication from the Direc- tributions, he is member of the Energy Fleet Alternative Fuel Vehicle Ac- tor of the Office of Management and Budget, Skidaway Foundation Board. quisition for Fiscal Year 2000 and the Depart- Executive Office of the President, transmit- ment’s plans for Fiscal Years 2001 and 2002; ting, pursuant to law, a report concerning This outline of Duane’s career gives Student Loan Interest Rate Amendments; to us an appreciation of his professional to the Committee on Energy and Natural Re- sources. the Committee on the Budget. record, but it does not come close to il- EC–5745. A communication from the Acting EC–5756. A communication from the Direc- luminating the strength of his career. Associate Department Administrator for tor of the Office of Management and Budget, It takes a leader of special qualities to Management and Administration, Small Executive Office of the President, transmit- meet the challenges of administering Business Administration, transmitting, pur- ting, pursuant to law, report numbers 564 the laws and regulations that govern suant to law, the report of a nomination for through 571 of the Pay-As-You-Go Calcula- tions dated December 25, 2002; to the Com- the position of Deputy Administrator, re- coast areas. It takes a person of accom- mittee on the Budget. plishment in scientific skills, but it ceived on March 15, 2002; to the Committee EC–5757. A communication from the Direc- also takes a person of patience, hon- on Small Business and Entrepreneurship. tor of the Office of Management and Budget, esty, and integrity. And it takes a per- EC–5746. A communication from the Assist- Executive Office of the President, transmit- ant Director, Office of the General Counsel, son who can deal directly and effec- ting, pursuant to law, report numbers 572 Federal Bureau of Prisons, transmitting, and 573 for the Pay-As-You-Go Calculations tively with immediate and difficult pursuant to law, the report of a rule entitled problems. dated December 25, 2002; to the Committee ‘‘Inmate Financial Responsibility Program: on the Budget. That is why Duane, in my mind, em- Spending Limitations’’ ((RIN1120–AA49)(64 EC–5758. A communication from the Prin- bodies the special qualities of public FR 72798)) received on March 14, 2002; to the cipal Deputy Associate Administrator of the service that are so important to this Committee on the Judiciary. Environmental Protection Agency, transmit- Nation. I know that many of my col- EC–5747. A communication from the Chair- ting, pursuant to law, a report entitled leagues have had distinguished careers man of the Federal Election Commission, ‘‘Radionuclides in Drinking Water: A Small of service to local and State govern- transmitting, pursuant to law, a report con- Entity Compliance Guide’’; to the Com- cerning the Commission’s Budget Request mittee on Environment and Public Works. ments prior to their election to the Justification for Fiscal Year 2003; to the EC–5759. A communication from the Acting Senate. Service in the Senate is an ex- Committee on Rules and Administration. Assistant Administrator of the Environ- traordinary honor and an extraor- EC–5748. A communication from the Direc- mental Protection Agency, transmitting, dinary responsibility and opportunity. tor of the Office of Regulations Management, pursuant to law, the report of a nomination At the same time, we are in many ways Veterans Benefits Administration, Depart- and a change in previously submitted re- insulated from the direct consequences ment of Veterans Affairs, transmitting, pur- ported information for the position of Assist- of policies on the lives of people. suant to law, the report of a rule entitled ant Administrator for Administration and As Lieutenant Governor and then ‘‘Special Monthly Compensation for Women Resources Management, received on March Veterans Who Lose a Breast as a Result of a 15, 2002; to the Committee on Environment Governor of Georgia, I had the privi- and Public Works. lege of face-to-face contacts with citi- Service-Connected Disability’’ (RIN2900– AK66) received on March 15, 2002; to the Com- EC–5760. A communication from the Chair- zens in need, and I struggled with the mittee on Veterans’ Affairs. man of the Nuclear Regulatory Commission, difficult task of solving real and imme- EC–5749. A communication from the Direc- transmitting, a report concerning the Com- diate problems. I learned that it is men tor of the Office of Regulations Management, mission’s licensing and regulatory duties; to and women like Duane Harris who are Veterans Benefits Administration, Depart- the Committee on Environment and Public ment of Veterans Affairs, transmitting, pur- Works. truly the ‘‘hands-on’’ public servants EC–5761. A communication from the Acting suant to law, the report of a rule entitled throughout this great country. They Assistant Administrator of the Environ- ‘‘Claims Based on Exposure to Ionizing Radi- must, on a daily basis, operate the en- mental Protection Agency, transmitting, ation’’ (RIN2900–AK87) received on March 15, forcement programs that transform pursuant to law, the report of a change in 2002; to the Committee on Veterans’ Affairs. previously submitted reported information laws and regulations into action. They EC–5750. A communication from the Acting regarding a nomination confirmed for the must make quick decisions that affect Executive Director, Commodity Futures position of Assistant Administrator for Solid people’s lives and livelihoods. Trading Commission, transmitting, pursuant Waste and Emergency Response, received on I am proud to have known Duane to law, the report of a rule entitled ‘‘17 CFR March 15, 2002; to the Committee on Environ- Harris for many, many years as both a Part 41, Listing Standards and Conditions ment and Public Works. dedicated public servant and a friend. I for Trading Security Futures Products’’ EC–5762. A communication from the Acting will also add that he is one of the best (RIN3038–AB87) received on March 15, 2002; to Assistant Administrator of the Environ- fishermen you will ever have the oppor- the Committee on Agriculture, Nutrition, mental Protection Agency, transmitting, tunity to meet, and I understand that and Forestry. pursuant to law, the report of a change in EC–5751. A communication from the Acting after some 30 years of service to the previously submitted reported information Executive Director, Commodities Futures regarding a nomination confirmed for the State of Georgia, that is exactly what Trading Commission, transmitting, pursuant he plans to do, go fishing. Except that position of Assistant Administrator for Envi- to law, the report of a rule entitled ‘‘17 CFR ronmental Information, received on March he will be doing that as a professional Parts 1, 3, 4, 140, and 155; Rules Relating to 15, 2002; to the Committee on Environment fishing guide with his own boat. Intermediaries of Commodity Interest and Public Works. Duane is still a young man, and I Transactions (66 FR 53510, October 23, 2001)’’ EC–5763. A communication from the Acting know that as a private citizen he and (RIN3038–AB56) received on March 15, 2002; to Assistant Administrator of the Environ- his accomplished wife, Carol, will con- the Committee on Agriculture, Nutrition, mental Protection Agency, transmitting, tinue to be a source of great strength and Forestry. pursuant to law, the report of a nomination and leadership to their community. He EC–5752. A communication from the Under and a change in previously submitted re- Secretary, Research, Education, and Eco- is the kind of man who will always ported information for the position of Assist- nomics, Department of Agriculture, trans- ant Administrator for Research and Develop- carry out his work with unselfish en- mitting, pursuant to law, the report of a rule ment, received on March 15, 2002; to the Com- ergy and sound values. entitled ‘‘Availability of Information Na- mittee on Environment and Public Works. On behalf of all of my colleagues in tional Agricultural Statistic Service’’ (CFR EC–5764. A communication from the Direc- the United States Congress, I would Part 3601) received on March 15, 2002; to the tor of Regulations Policy and Management

VerDate 11-MAY-2000 02:09 Mar 19, 2002 Jkt 099060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G18MR6.002 pfrm02 PsN: S18PT1 March 18, 2002 CONGRESSIONAL RECORD — SENATE S2007 Staff, Food and Drug Administration, De- ment of the Treasury, transmitting, pursu- INTRODUCTION OF BILLS AND partment of Health and Human Services, ant to law, the first Report of the Task JOINT RESOLUTIONS transmitting, pursuant to law, the report of Force on the Prohibition of Importation of a rule entitled ‘‘Secondary Direct Food Addi- Products of Forced or Prison Labor; to the The following bills and joint resolu- tives Permitted in Food for Human Con- Committee on Finance. tions were introduced, read the first sumption; Correction’’ (Doc. No. 00F–1482) re- EC–5775. A communication from the Ad- and second times by unanimous con- ceived on March 15, 2002; to the Committee ministrator of the Department of Human sent, and referred as indicated: on Health, Education, Labor, and Pensions. Services, transmitting, pursuant to law, a By Mr. HUTCHINSON (for himself and EC–5765. A communication from the Direc- notification on the status of a report on the tor of Regulations Policy and Management impact of payment rates adopted by states Mr. LOTT): Staff, Food and Drug Administration, De- Medicaid programs when they meet their ob- S. 2025. A bill to amend title 38, United partment of Health and Human Services, ligation to pay for Medicare cost-sharing on States Code, to increase the rate of special transmitting, pursuant to law, the report of behalf of qualified Medicare beneficiaries pension for recipients of the Medal of Honor a rule entitled ‘‘Sunscreen Drug Products for (QMBs) received on March 15, 2002; to the and to make that special pension effective Over-the-Counter Human Use; Final Mono- Committee on Finance. from the date of the act for which the recipi- graph; Partial Stay; Final Rule’’ (RIN0910– EC–5776. A communication from the Regu- ent is awarded the Medal of Honor and to AA01) received on March 15, 2002; to the Com- lations Coordinator, Centers for Medicare amend title 18, United States Code, to in- mittee on Health, Education, Labor, and and Medicaid Services, Department of crease the criminal penalties associated with Pensions. Health and Human Services, transmitting, misuse or fraud relating to the Medal of EC–5766. A communication from the Direc- pursuant to law, the report of a rule entitled Honor; to the Committee on Veterans’ Af- tor of Regulations Policy and Management ‘‘Medicaid Program; Modifications of the fairs. Staff, Food and Drug Administration, De- Medicaid Upper Payment Limit for Non- By Mr. LUGAR: partment of Health and Human Services, State Government-Owned or Operated Hos- S. 2026. A bill to authorize the use of Coop- transmitting, pursuant to law, the report of pitals’’ (42 CFR Part 447) received on March erative Threat Reduction funds for projects a rule entitled ‘‘Exports: Notification and 15, 2002; to the Committee on Finance. and activities to address proliferation Record keeping Requirements’’ (Doc. No. EC–5777. A communication from the Gen- threats outside the states of the former So- 98N–0583) received on March 15, 2002; to the eral Counsel, Federal Emergency Manage- viet Union, and for other purposes; to the Committee on Health, Education, Labor, and ment Agency, transmitting, pursuant to law, Committee on Armed Services. Pensions. the report of a rule entitled ‘‘Changes in By Mr. DURBIN (for himself, Mr. EC–5767. A communication from the Direc- Flood Elevation Determinations (66 FR DEWINE, and Mr. FEINGOLD): tor of Corporate Policy and Research Depart- 53114)’’ (44 CFR Part 65) received on March S. 2027. A bill to implement effective meas- ment, Pension Benefit Guaranty Corpora- 15, 2002; to the Committee on Banking, Hous- ures to stop trade in conflict diamonds, and tion, transmitting, pursuant to law, the re- ing, and Urban Affairs. for other purposes; to the Committee on Fi- port of a rule entitled ‘‘Benefits Payable in EC–5778. A communication from the Gen- nance. eral Counsel, Federal Emergency Manage- Terminated Single-Employer Plans; Alloca- f tion of Assets in Single-Employer Plans; In- ment Agency, transmitting, pursuant to law, terest Assumptions for Valuing and Paying the report of a rule entitled ‘‘Changes in ADDITIONAL COSPONSORS Benefits’’ received on March 15, 2002; to the Flood Determinations 66 FR 53112’’ (Doc. No. S. 170 Committee on Health, Education, Labor, and FEMA–D–7515) received on March 15, 2002; to Pensions. the Committee on Banking, Housing, and At the request of Mr. REID, the name EC–5768. A communication from the Direc- Urban Affairs. of the Senator from Iowa (Mr. GRASS- tor of Regulations Policy and Management, EC–5779. A communication from the Gen- LEY) was added as a cosponsor of S. 170, Food and Drug Administration, Department eral Counsel, Federal Emergency Manage- a bill to amend title 10 , United States of Health and Human Services, transmitting, ment Agency, transmitting, pursuant to law, Code, to permit retired members of the the report of a rule entitled ‘‘Final Flood pursuant to law, the report of a rule entitled Armed Forces who have a service-con- ‘‘Foreign Establishment Registration and Elevation Determinations 66 FR 53117’’ (44 Listing’’ (RIN0910–AB21) received on March CFR Part 67) received on March 15, 2002; to nected disability to receive both mili- 15, 2002; to the Committee on Health, Edu- the Committee on Banking, Housing, and tary retired pay by reason of their cation, Labor, and Pensions. Urban Affairs. years of military service and disability EC–5769. A communication from the Sec- EC–5780. A communication from the Gen- compensation from the Department of retary of Health and Human Services, trans- eral Counsel, Federal Emergency Manage- Veterans Affairs for their disability. mitting, pursuant to law, Prescription Drug ment Agency, transmitting, pursuant to law, User Fee Act Financial Report for Fiscal the report of a rule entitled ‘‘Changes in S. 920 Year 2001; to the Committee on Health, Edu- Flood Elevation Determinations 66 FR 53115’’ At the request of Mr. BREAUX, the cation, Labor, and Pensions. (Doc. No. FEMA–P–7606) received on March name of the Senator from Maryland EC–5770. A communication from the Sec- 15, 2002; to the Committee on Banking, Hous- (Mr. SARBANES) was added as a cospon- retary of Education, transmitting, pursuant ing, and Urban Affairs. sor of S. 920, a bill to amend the Inter- EC–5781. A communication from the Assist- to law, the Annual Report of the National nal Revenue Code of 1986 to provide a Advisory Committee on Institutional Qual- ant General Counsel for Regulations, Office ity and Integrity for Fiscal Year 2001; to the of Housing, Department of Housing and credit against income tax to individ- Committee on Health, Education, Labor, and Urban Development, transmitting, pursuant uals who rehabilitate historic homes or Pensions. to law, the report of a rule entitled ‘‘Real Es- who are the first purchasers of reha- EC–5771. A communication from the Regu- tate Settlement Procedures Act Statement bilitated historic homes for use as a lations Officer, Social Security Administra- of Policy 2001–1: Clarification of Statement principal residence. tion, transmitting, pursuant to law, the re- of Policy 1999–1 Regarding Lender Payments S. 1140 port of a rule entitled ‘‘Supplemental Secu- to Mortgage Brokers, and Guidance Con- rity Income; Disclosure of Information to cerning Unearned Fees Under Section 8(b)’’ At the request of Mr. HATCH, the Consumer Reporting Agencies and Overpay- ((RIN2502–AH74) (FR–4714–N–01)) received on names of the Senator from Colorado ment Recovery Through Administrative Off- March 15, 2002; to the Committee on Bank- (Mr. CAMPBELL) and the Senator from set Against Federal Payments’’ (RIN0960– ing, Housing, and Urban Affairs. Minnesota (Mr. DAYTON) were added as AF31) received on March 15, 2002; to the Com- EC–5782. A communication from the Assist- cosponsors of S. 1140, a bill to amend mittee on Finance. ant General Counsel for Regulations, Office EC–5772. A communication from the Chief of Housing, Department of Housing and chapter 1 of title 9, United States Code, of the Regulations Unit, Internal Revenue Urban Development, transmitting, pursuant to provide for greater fairness in the Service, Department of the Treasury, trans- to law, the report of a rule entitled arbitration process relating to motor mitting, pursuant to law, the report of a rule ‘‘Strengthening the Title I Property Im- vehicle franchise contracts. entitled ‘‘LMSB Fast Track Dispute Resolu- provement and Manufactured Home Loan In- S. 1295 tion Pilot Program’’ (Notice 2001–67, 2001–49) surance Programs and Title I Lender/Title II At the request of Ms. STABENOW, her received on March 15, 2002; to the Committee Mortgage Approval Requirements’’ on Finance. ((RIN2502–AG95) (FR–4246–F–02)) received on name was added as a cosponsor of S. EC–5773. A communication from the Chief March 15, 2002; to the Committee on Bank- 1295, a bill to amend title 18, United of the Regulations Unit, Internal Revenue ing, Housing, and Urban Affairs. States Code, to revise the requirements Service, Department of the Treasury, trans- EC–5783. A communication from the Man- for procurement of products of Federal mitting, pursuant to law, the report of a rule aging Director, Federal Housing Finance Prison Industries to meet needs of Fed- entitled ‘‘Weighted Average Interest Rate Board, transmitting, pursuant to law, the re- eral agencies, and for other purposes. Update Notice’’ (Notice 2002–9) received on port of a rule entitled ‘‘Affordable Housing S. 1379 March 15, 2002; to the Committee on Finance. Program Amendments’’ (RIN3069–AB04) re- EC–5774. A communication from the Assist- ceived on March 15, 2002; to the Committee At the request of Mr. KENNEDY, the ant Secretary of Legislative Affairs, Depart- on Banking, Housing, and Urban Affairs. name of the Senator from Connecticut

VerDate 11-MAY-2000 01:17 Mar 19, 2002 Jkt 099060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\A18MR6.024 pfrm02 PsN: S18PT1 S2008 CONGRESSIONAL RECORD — SENATE March 18, 2002 (Mr. DODD) was added as a cosponsor of S. RES. 219 subsequent patent, are erroneous, and S. 1379, a bill to amend the Public At the request of Mr. GRAHAM, the that the true eastern boundary is the Health Service Act to establish an Of- name of the Senator from Connecticut crest of the mountain. fice of Rare Diseases at the National (Mr. LIEBERMAN) was added as a co- In the early 1980’s, the Pueblo ap- Institutes of Health, and for other pur- sponsor of S. Res. 219, a resolution ex- proached the Department of the Inte- poses. pressing support for the democratically rior seeking a resurvey of the grant to S. 1707 elected Government of Columbia and locate the eastern boundary of the At the request of Mr. JEFFORDS, the its efforts to counter threats from Pueblo along the main ridge of Sandia name of the Senator from Connecticut United States-designated foreign ter- Mountain. In December 1988, the Solic- (Mr. LIEBERMAN) was added as a co- rorist organizations. itor of the Department of the Interior sponsor of S. 1707, a bill to amend title AMENDMENT NO. 3008 issued an opinion rejecting the Pueb- XVIII of the Social Security Act to At the request of Mr. DAYTON, the lo’s claim. The Pueblo challenged the specify the update for payments under name of the Senator from Iowa (Mr. opinion in federal district court and in the medicare physician fee schedule for HARKIN) was added as a cosponsor of 1998, the court issued on Order setting aside the 1988 opinion and remanding 2002 and to direct the Medicare Pay- amendment No. 3008 proposed to S. 517, the matter to Interior for forther pro- ment Advisory Commission to conduct a bill to authorize funding the Depart- ceedings. Pueblo of Sandia v. Babbitt, a study on replacing the use of the sus- ment of Energy to enhance its mission Civ. No. 94–2624, D.D.C., July 18, 1998. tainable growth rate as a factor in de- areas through technology transfer and The Order was appealed but appellate termining such update in subsequent partnerships for fiscal years 2002 through 2006, and for other purposes. proceedings were stayed for more than years. a year while a settlement was being ne- S. 1786 f gotiated. Ultimately, on April 4, 2000, a At the request of Mr. DURBIN, the STATEMENTS ON INTRODUCED settlement agreement was executed be- name of the Senator from Massachu- BILLS AND JOINT RESOLU- tween the United States, Pueblo, and setts (Mr. KERRY) was added as a co- TIONS—MARCH 14, 2002 the Sandia Peak Tram Company. That sponsor of S. 1786, a bill to expand avia- agreement was conditioned on congres- tion capacity in the Chicago area. By Mr. BINGAMAN: S. 2018. A bill to establish the T’uf sional ratification, but remains effec- S. 1860 Shur Bien Preservation Trust Area tive until November 15, 2002. At the request of Mr. DORGAN, the In November, 2000, the Court of Ap- within the Cibola National Forest in name of the Senator from Illinois (Mr. peals of the District of Columbia Cir- the State of New Mexico to resolve a DURBIN) was added as a cosponsor of S. cuit dismissed the appeal for lack of ju- land claim involving the Sandia Moun- 1860, a bill to reward the hard work and risdiction because the District Court’s tain Wilderness, and for other pur- risk of individuals who choose to live action was not a final appealable deci- poses; to the Committee on Indian Af- in and help preserve America’s small, sion. Upon dismissal, the Department fairs and the Committee on Energy and rural towns, and for other purposes. of the Interior proceeded with its re- Natural Resources; jointly, pursuant to S. 1876 consideration of the 1988 Solicitor’s the order of March 14, 2002, with in- At the request of Mrs. CLINTON, the opinion in accord with the 1998 Order of structions that if one Committee re- name of the Senator from California the District Court. On January 19, 2001, ports, the other Committee have twen- (Mrs. FEINSTEIN) was added as a co- the Solicitor issued a new opinion that ty calendar days, excluding any period sponsor of S. 1876, a bill to establish a concluded that the 1859 survey of the where the Senate is not in session for National Foundation for the Study of Sandia Pueblo grant was erroneous and more that three days, to report or be Holocaust Assets. that a resurvey should be conducted. discharged. Implementation of the opinion would S. 1924 Mr. BINGAMAN. Mr. President, At the request of Mr. LIEBERMAN, the therefore remove the area from its Na- today I am pleased to introduce a bill tional Forest status and convey it to names of the Senator from Arkansas that would create a unique area within (Mr. HUTCHINSON) and the Senator from the Pueblo. The Department stayed the the Cibola National Forest in New resurvey, however, until after Novem- Nebraska (Mr. HAGEL) were added as Mexico, entitled the T’uf Shur Bien cosponsors of S. 1924, a bill to promote ber 15, 2002, so that there would be time Preservation Trust Area. The impor- for Congress to legislate the settlement charitable giving, and for other pur- tance of this bill cannot be overstated. poses. and make it permanent. It would resolve, through a negotiated To state the obvious, this is a very S. 1978 agreement, the Pueblo of Sandia’s land complicated situation. The area that is At the request of Mr. HUTCHINSON, claim to Sandia Moutain, an area of the subject of the Pueblo’s claim has the name of the Senator from Missouri significant value and use to all New been used by the Pueblo and its mem- (Mr. BOND) was added as a cosponsor of Mexicans. The bill would also maintain bers for centuries and is of great sig- S. 1978, a bill to amend title I of the full public ownership and access to the nificance to the Pueblo for traditional Employee Retirement Income Security National Forest and Sandia Mountain and cultural reasons. The Pueblo Act of 1974 and the Internal Revenue Wilderness lands within the Pueblo’s strongly desires that the wilderness Code of 1986 to promote the provision claim area; clear title for affected character of the area continue to be of retirement investment advice to homeowners; and grant the necessary preserved and its use by the Pueblo workers managing their retirement in- rights-of-way and easements to protect protected. Notwithstanding that inter- come assets. private property interests and the est and use, the Federal Government S. RES. 132 public’s ongoing use of the Area. has administered the claim area as a At the request of Mr. CAMPBELL, the The need for this bill and the basis unit of the National Forest system for names of the Senator from Utah (Mr. for Sandia Pueblo’s claim arise from a most of the last century and over the HATCH) and the Senator from Min- 1748 grant to the Pueblo from a rep- years has issued patents for several nesota (Mr. WELLSTONE) were added as resentative of the King of Spain. That hundred acres of land within the area cosponsors of S. Res. 132, a resolution grant was recognized and confirmed by to persons who had no notice of the recognizing the social problem of child Congress in 1858, 11 Stat. 374). There re- Pueblo’s claim. As a result, there are abuse and neglect, and supporting ef- mains, however, a dispute over the lo- now several subdivisions within the ex- forts to enhance public awareness of it. cation of the eastern boundary of the ternal boundaries of the area, and al- S. RES. 185 Pueblo that stems from an 1859 survey though the Pueblo’s lawsuit specifi- At the request of Mr. ALLEN, the of the grant. That survey fixed the cally disclaimed any title or interest in name of the Senator from California eastern boundary roughly along the privately-owned lands, the residents of (Mrs. BOXER) was added as a cosponsor top of a foothill on the western slope of the subdivisions have concerns that the of S. Res. 185, a resolution recognizing the mountain, rather than along the claim and its associated litigation have the historical significance of the 100th true crest of the mountain. The Pueblo resulted in hardships by clouding titles anniversary of Korean immigration to has contended that the interpretation to land. Finally, as a unit of the Na- the United States. of the grant, and thus the survey and tional forest system, the areas has

VerDate 11-MAY-2000 01:17 Mar 19, 2002 Jkt 099060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\A18MR6.026 pfrm02 PsN: S18PT1 March 18, 2002 CONGRESSIONAL RECORD — SENATE S2009 great significance to the public and in the Medal of Honor; to the Committee at the rate of $1000, as increased from time particular, the people in the State of on Veterans’ Affairs. to time under section 5312(a) of this title.’’. New Mexico, including the residents of Mr. HUTCHINSON. Mr. President, I (b) COST OF LIVING ADJUSTMENT.—Section the Counties of Bernalillo and rise today to introduce the Living 5312(a) of such title is amended by inserting Sandoval and the City of Albuquerque, American Hero Appreciation Act. This after ‘‘children,’’ the following: ‘‘the rate of who use the claim area for recreational legislation honors those Americans special pension paid under section 1562 of this title,’’. and other purposes and who desire that that have exhibited the highest levels (c) LUMP SUM PAYMENT FOR EXISTING of courage. It ensures that the recipi- the public use and natural character of MEDAL OF HONOR RECIPIENTS.—The Secretary the area be preserved. ents of the Medal of Honor receive the of Veterans Affairs shall, within 60 days Because of the complexity of the sit- recognition and support that they after the date of the enactment of this Act, uation, including the significant and earned through their acts of bravery. make a lump sum payment to each person overlapping interests just mentioned, As the war on terrorism progresses, I who is, immediately before the date of the Congress has not yet acted in this mat- believe that it is important that we re- enactment of this Act, in receipt of the pen- ter. In particular, concerns about the member those that have already fought sion payable under section 1562 of title 38, settlement were expressed by parties for our Nation, and placed themselves United States Code (as amended by sub- who did not participate in the final section (a)). Such payment shall be in the in peril in order to defend our freedom. amount equal to the total amount of special stages of the negotiations. I have As the senior Senator from Arkansas, pension that the person would have received worked with those parties to address I’m very proud that my State has pro- had the person received special pension dur- their concerns while still trying to duced over 20 Medal of Honor recipi- ing the period beginning as of the first day of maintain the benefits secured by the ents. Three of these courageous indi- the first month that began after the date of parties in the Settlement Agreement. I viduals still live in Arkansas. Clarence the act for which that person was awarded believe the legislation that I have in- Craft of Fayetteville and Nathan Gor- the Medal of Honor and ending with the last troduced today is a fair compromise. It don of Morrilton received their medals day of the month preceding the month that provides the Pueblo specific rights and as a result of heroism in World War II. such person’s special pension in fact com- menced. For each month of such period, the interests in the area that help to re- Nick Bacon of Little Rock was cited amount of special pension shall be deter- solve its claim with finality but also, for his courage in Vietnam. Nick has mined using the rate of special pension that as noted earlier, maintains full public continued his service to our Nation as was in effect for that month. ownership and access to the National the Director of the Arkansas Depart- SEC. 3. CRIMINAL PENALTY FOR UNAUTHORIZED Forest system lands. In that sense, ment of Veterans Affairs. PURCHASE OR POSSESSION OF using the term ‘‘Trust’’ in the title rec- This legislation will ensure that our MEDAL OF HONOR OR FOR FALSE ognizes those specific interests but Nation’s Medal of Honor recipients re- PERSONATION AS A RECIPIENT OF MEDAL OF HONOR. does not confer the same status that ceive the recognition that they’ve (a) UNAUTHORIZED PURCHASE OR POSSES- exists when the Secretary of the Inte- earned. It will raise their special pen- SION.—Section 704 of title 18, United States rior accepts title to land in trust on be- sion to $1,000 a month. More signifi- Code, is amended— half of an Indian tribe. cantly, though, it will ensure that re- (1) in subsection (a) by striking ‘‘IN GEN- Most importantly, the bill I am in- cipients receive pension payment for ERAL.—Whoever’’ and inserting ‘‘IN GEN- troducing today relies on a settlement the period between the act of heroism ERAL.—Except as provided in subsection (b), as the basis for resolving this claim. for which the individual was given the whoever’’; and Although other approaches have been medal, and the actually issuance of the (2) by amending subsection (b) to read as circulated, this bill is the only one medal. These courageous individuals follows: with the potential to secure a con- should not be penalized for administra- ‘‘(b) MEDAL OF HONOR.— sensus of the interested parties. Not tive delays in issuing the decoration. ‘‘(1) IN GENERAL.—Whoever knowingly wears, possesses, manufactures, purchases, only is a negotiated settlement the ap- Finally, this bill includes increased or sells a Medal of Honor, or the ribbon, but- propriate manner by which to resolve criminal penalties for the unauthorized ton, or rosette of a Medal of Honor, or any the Pueblo’s claim, it also allows for a purchase, possession of a Medal of colorable imitation thereof, except when au- solution that fits the unique cir- Honor, and for false impersonation of a thorized under regulations made pursuant to cumstances of this situation. To my Medal of Honor recipient. law, shall be fined under this title or impris- knowledge, Sandia Pueblo’s claim is I want to thank Congressman CURT oned not more than one year, or both. the only Indian land claim that exists WELDON for his hard work in getting ‘‘(2) DEFINITIONS.—As used in this sub- where the tribe may effectively recover this bill passed by the House of Rep- section: resentatives. It is my privilege to in- ‘‘(A) The term ‘Medal of Honor’ means— ownership of federal land without an ‘‘(i) a medal of honor awarded under sec- Act of Congress. Nonetheless, the par- troduce the Senate version of this bill, tion 3741, 6241, or 8741 of title 10 or under sec- ties have negotiated a creative ar- and I look forward to working with my tion 491 of title 14; rangement to address the Pueblo’s in- colleagues for its swift passage. ‘‘(ii) a duplicate medal of honor issued terest, protect private property, and I ask unanimous consent that the under section 3754, 6256, or 8753 of title 10 or still maintain public ownership of the text of the bill be printed in the under section 504 of title 14; or land. That is to be commended and I RECORD. ‘‘(iii) a replacement of a medal of honor am proud to introduce this legislation There being no objection, the bill was provided under section 3747, 6253, or 8751 of title 10 or under section 501 of title 14. to preserve the substance of that ar- ordered to be printed in the RECORD, as follows: ‘‘(B) The term ‘sells’ includes trades, bar- rangement. ters, or exchanges for anything of value.’’. S. 2025 (b) FALSE PERSONATION.—(1) Chapter 43 of f Be it enacted by the Senate and House of Rep- such title is amended by adding at the end resentatives of the United States of America in the following new section: STATEMENT ON INTRODUCED Congress assembled, BILLS AND JOINT RESOLU- SECTION 1. SHORT TITLE. ‘‘§ 918. Medal of honor recipient TIONS—MARCH 18, 2002 This Act may be cited as the ‘‘Living ‘‘(a) Whoever falsely or fraudulently holds By Mr. HUTCHINSON (for him- American Hero Appreciation Act’’. himself out as having been, or represents or SEC. 2. INCREASE IN RATE OF SPECIAL PENSION pretends himself to have been, awarded a self and Mr. LOTT): FOR MEDAL OF HONOR RECIPIENTS medal of honor shall be fined under this title S. 2025. A bill to amend title 38, AND RETROACTIVITY OF PAYMENTS or imprisoned not more than one year, or United States Code, to increase the TO DATE OF ACTION. both. (a) INCREASE IN SPECIAL PENSION.—Section rate of special pension for recipients of ‘‘(b) As used in this section, the term 1562(a) of title 38, United States Code, is the Medal of Honor and to make that ‘medal of honor’ means a medal awarded amended by striking ‘‘a special pension at special pension effective from the date under section 3741, 6241, or 8741 of title 10 or the rate of’’ and all that follows through the of the act for which the recipient is under section 491 of title 14.’’. period at the end and inserting ‘‘a special awarded the Medal of Honor and to pension, beginning as of the first day of the (2) The table of sections at the beginning of amend title 18, United States Code, to first month that begins after the date of the such chapter is amended by adding at the increase the criminal penalties associ- act for which that person was awarded the end the following new item: ated with misuse of fraud relating to Medal of Honor. The special pension shall be ‘‘918. Medal of honor recipient.’’.

VerDate 11-MAY-2000 02:10 Mar 19, 2002 Jkt 099060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\A18MR6.027 pfrm02 PsN: S18PT1 S2010 CONGRESSIONAL RECORD — SENATE March 18, 2002 By Mr. LUGAR: The Nunn-Lugar/CTR Expansion Act Despite the tremendous progress re- S. 2036. A bill to authorize the use of would be a vita component of our na- alized by the Nunn-Lugar program in Cooperative Threat Reduction funds tional security strategy in the wake of the former Soviet Union, the United for projects and activities to address the September 11 attacks. The problem States continues to lack even minimal proliferation threats outside the states we face today is not just terrorism. It international confidence about many of the former Soviet Union, and for is the nexus between terrorists and foreign weapons programs. In most other purposes; to the Committee on weapons of mass destruction. There is cases, there is little or no information Armed Services. little doubt that Osama bin Laden and regarding the number of weapons or Mr. LUGAR. Mr. President, I rise al-Quaeda would have used weapons of amounts of materials a country may today to introduce the Nunn-Lugar/ mass destruction if they had possessed have produced, the storage procedures CTR Expansion Act. My bill would au- them. It is equally clear that they have they employ to safeguard their weap- thorize the Secretary of Defense to use made an effort to obtain them. ons, or plans regarding further produc- up to $50 million of unobligated Nunn- The al-Quaeda terrorist attacks on tion or destruction programs. We must Lugar/Cooperative Threat Reduction the United States were planned to kill pay much more attention to making funds for non-proliferation projects and thousands of people indiscriminately. certain that all weapons and materials emergencies outside the states of the The goal was massive destruction of in- of mass destruction are identified, con- former Soviet Union. stitutions, wealth, national morale, tinuously guarded, and systematically In 1991, I introduced the Nunn-Lugar/ and innocent people. We can safely as- destroyed. Cooperative Threat Reduction legisla- sume that those objectives have not As the United States and our allies tion with former Senator Sam Nunn of changed. As horrible as the tragedy of have sought to address the threats Georgia. The program was designed to September 11th was, the death, de- posed by terrorism and weapons of assist the states of the former Soviet struction, and disruption to American mass destruction in the aftermath of Union in dismantling weapons of mass society was minimal compared to what September 11, we have come to the re- destruction and establishing verifiable could have been inflicted by a weapon alization that, in many cases, we lack safeguards against the proliferation of of mass destruction. the appropriate tools to address these those weapons. For more than 20 years Victory in this war must be defined threats. Traditional avenues of ap- the Cooperative Threat Reduction Pro- not only in terms of finding and killing proach such as arms control treaties gram has been our country’s principal Osama bin Laden or destroying ter- and various multilateral sanction re- response to the proliferation threat rorist cells in this or that country. We gimes have met with some success, but that resulted from the disintegration must also undertake the ambitious there is still much work to do. In some of the custodial system guarding the goal of comprehensively preventing the cases, it is unlikely that the existing Soviet nuclear, chemical, and biologi- proliferation of weapons of mass de- multilateral frameworks and non-pro- cal legacy. struction. liferation tools retain much utility. In The Nunn-Lugar program has de- Let me propose a fairly simple and fact, several nations have announced stroyed a vast array of former Soviet clear definition of victory. Imagine two weaponry, including 443 ballistic mis- lists. The first list is of those nation- their intention to continue to flout siles, 427 ballistic missile launchers, 92 states that house terrorist cells, volun- international norms such as the Non- bombers, 483 long-range nuclear air- tarily or involuntarily. Those states Proliferation Treaty. Beyond Russia and other states of launched cruise missiles, 368 submarine can be highlighted on a map illus- ballistic missile launchers, 286 sub- trating who and where they are. Our the former Soviet Union, Nunn-Lugar- marine launched ballistic missiles, 21 stated goal will be to shrink that list style cooperative threat reduction pro- strategic missile submarines, 194 nu- nation by nation. Through intelligence grams aimed at weapons dismantle- clear test tunnels, and 5,809 nuclear sharing, termination of illicit financial ment and counter-proliferation do not warheads that were mounted on stra- channels, support of local police work, exist. The ability to apply the Nunn- tegic systems aimed at us. All this has diplomacy, and public information, a Lugar model to states outside the been accomplished at a cost of less coalition of nations led by the United former Soviet Union would provide the than one-third of 1 percent of the De- States should seek to root out each cell United States with another tool to con- partment of Defense’s annual budget. in a comprehensive manner for years to front the threats associated with weap- In addition, Nunn-Lugar facilitated the come and maintain a public record of ons of mass destruction. removal of all nuclear weapons from success that the world can observe and The precise replication of the Nunn- Ukraine, Kazakstan, and Belarus. measure. If we are diligent and deter- Lugar program will not be possible ev- Nunn-Lugar also has launched ag- mined, we can terminate or cripple erywhere. Clearly, many states will gressive efforts to safeguard and elimi- most of these cells. continue to avoid accountability for nate the former Soviet chemical and But there should also be a second programs related to weapons of mass biological weapons arsenals. The Nunn- list. It would contain all of the states destruction. When nations resist such Lugar Program has been used to up- that possess materials, programs, or accountability, other options must be grade the security surrounding these weapons of mass destruction. We explored. When governments continue dangerous substances and to provide ci- should demand that each of these na- to contribute to the WMD threat facing vilian employment to tens of thou- tion-states account for all of the mate- the United States, we must be prepared sands of Russian weapons scientists. rials, programs, and weapons in a man- to apply diplomatic and economic We are now beginning efforts to con- ner that is internationally verifiable. power, as well as military force. struct facilities that will destroy the We should demand that all such weap- Yet we should not assume that we Russian arsenal of chemical warheads. ons and materials be made secure from cannot forge cooperative non-prolifera- The continuing experience of Nunn- theft or threat of proliferation, using tion programs with some critical na- Lugar has created a tremendous non- the funds of that country and supple- tions. The experience of the Nunn- proliferation asset for the United mented by international funds if re- Lugar program in Russia has dem- States. We have an impressive cadre of quired. We should work with each na- onstrated that the threat of weapons of talented scientists, technicians, nego- tion to formulate programs of con- mass destruction can lead to extraor- tiators, and managers working for the tinuing accountability and destruction. dinary outcomes based on mutual in- Defense Department and for associated Victory, then, can be succinctly stat- terest. No one would have predicted in defense contractors. These individuals ed: we must keep the world’s most dan- the 1980s that American contractors understand how to implement non-pro- gerous technologies out of the hands of and DOD officials would be on the liferation programs and how to respond the world’s most dangerous people. ground in Russia destroying thousands to proliferation emergencies. The bill I This requires diligent work that of strategic systems. If we are to pro- am introducing today would permit shrinks both lists. Both lists should be tect ourselves during this incredibly and facilitate the use of Nunn-Lugar clear and finite. The war against ter- dangerous period, we must create new expertise and resources when non-pro- rorism will not be over until all na- non-proliferation partners and aggres- liferation threats around the world are tions on the lists have complied with sively pursue any non-proliferation op- identified. these standards. portunities that appear. The Nunn-

VerDate 11-MAY-2000 02:10 Mar 19, 2002 Jkt 099060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\A18MR6.032 pfrm02 PsN: S18PT1 March 18, 2002 CONGRESSIONAL RECORD — SENATE S2011 Lugar/CTR Expansion Act would be a of the basic tenets of the program: along with Senator MIKE DEWINE, a Re- first step down that road. Ultimately, a Nunn-Lugar is not foreign aid. In fact, publican from Ohio, and Senator RUSS satisfactory level of accountability, more than 80 percent of Nunn-Lugar FEINGOLD, a Democrat from Wisconsin, transparency, and safety must be es- funds have been awarded to American which intends to address the U.S. re- tablished in every nation with a WMD firms to carry out dismantlement and sponse to the scourge of conflict dia- program. non-proliferation assistance programs monds. My legislation is designed to em- in the former Soviet Union. In war-torn areas in Africa, rebels power the Administration to respond The bill also requires the Secretary and human rights abusers, with the to both emergency proliferation risks of Defense to avoid singling out any complicity of some governments, have and less-urgent cooperative opportuni- particular existing Nunn-Lugar project exploited the diamond trade, particu- ties to further non-proliferation goals. as an exclusive or predominate source larly alluvial diamond fields, to fund When the Defense Department identi- of funds for emergency projects outside their guerrilla wars, to murder, rape, fies a non-proliferation opportunity the former Soviet Union. In other and mutilate innocent civilians, and that is not time sensitive, when the words, it is my intent that the Pen- kidnap children to be part of their near-term threat of diversion or theft tagon utilize resources from a number guerrilla forces. is low, it should consult with Congress. of different Nunn-Lugar projects so as Since November, the press has re- In such a scenario my bill would re- to reduce any impact on the original, ported a connection between al-Qaida quire the Secretary of Defense to no- on-going Nunn-Lugar program in the operatives and conflict diamonds. tify the appropriate congressional enti- former Soviet Union. The Secretary Those connections were noted in ad- ties of his intent to utilize unobligated also is required to the maximum extent vance of the September 11 attack. It Nunn-Lugar funds and to describe the practicable, to replace any program stands to reason that when we have a legal and diplomatic framework for the funds taken on emergency operations terrorist organization and a country application of non-proliferation assist- in the next annual budget submission such as the United States in concert ance. Congress would have time to re- or supplemental appropriations re- with its allies trying to trace the fi- view the proposal and consult with the quest. nancial transactions that fund this ter- Department of Defense. This process Lastly, if the Pentagon employs the rorism, the terrorists will look for would closely parallel the existing no- emergency authority to carry out non- some other coin of the realm, some tification and obligation procedures proliferation or dismantlement activi- other way to fund their operations. that are in place for Nunn-Lugar ac- ties in two consecutive years in the Conflict diamonds turned out to be one tivities in the former Soviet Union. same country, the Secretary of Defense of the most easy, portable, and least However, proliferation threats some- must submit another report to Con- detected way to do it. times require an instantaneous re- gress. This report would analyze It is quite clear that Hezbollah, an- sponse. If the Secretary of Defense de- whether a new Nunn-Lugar-style pro- other terrorist organization in the Mid- termines that we must move more gram should be established with the dle East, has had a long history of deal- quickly than traditional consultation country in question. If the Pentagon ing in conflict diamonds. procedures allow, my legislation pro- has successfully carried out coopera- While the conflict diamond trade vides the Pentagon with the authority tive threat reduction activities 2 years comprises anywhere from an estimated to launch emergency operations. We in a row with a country, we should ex- 3 to 15 percent of the legitimate dia- must not allow a proliferation or WMD plore how to expand this cooperation. mond trade, it threatens to damage an threat to ‘‘go critical’’ because we We should also recognize that where entire industry worldwide, an industry lacked the foresight to empower DOD sustained cooperation has been devel- that is important to the economies of to respond. In the former Soviet Union oped it is likely to be more efficient to many countries and critical to a num- provide assistance through an estab- the value of being able to respond to ber of developing countries in Africa. lished Nunn-Lugar-style program. proliferation emergencies has been How does it work? The Nunn-Lugar/CTR Expansion Act The terrorists go into the diamond clearly demonstrated. Under Nunn- can make valuable contributions to the Lugar the United States has under- fields where the natives of West Africa implementation of the war on ter- are trying to find these alluvial dia- taken time-sensitive missions like rorism and our non-proliferation pol- Project Sapphire in Kazakstan and Op- monds in the streams and the mud as icy. It is not a silver bullet, and it can- they used to pan for gold in California eration Auburn Endeavor in Georgia not be used in every circumstance, but that have kept highly vulnerable weap- and Alaska. They terrorize the local it is our best option in carrying out co- natives. They line them up in a row ons and materials of mass destruction operative non-proliferation activities from being proliferated. and walk through and hack off their outside the former Soviet Union. feet and their hands until the natives This type of scenario does not mean There are always risks when expand- and the miners in the circumstance are Congress will abandon its oversight re- ing a successful venture into new absolutely terrified. They threaten sponsibilities; the Secretary of Defense areas, but we must give the Adminis- them with mutilation, with rape, and will be required to report to the appro- tration every opportunity to interdict torture, destroying their villages and priate congressional entities within 72 and neutralize the proliferation of their lives. They literally become hours of launching of a mission de- weapons of mass destruction. This new slaves to these terrorists, who then scribing the emergency and the condi- venture, like its predecessor, will take grab the diamonds and sell them into tions under which the assistance was time to organize and to establish oper- the terrorist networks. provided. The review process permits ating procedures. But I am hopeful Governments, the international dia- Congress to investigate the incident that a decade from now, we will look mond industry, and nongovernmental and decide if the authority needs to be back on this effort and rejoice in our religious organizations have worked restricted or amended. persistent and successful efforts to pro- hard to address this complicated issue. In consulting with the administra- vide great security for our country and They have set an impressive example tion on this legislation, we explored the world at critical moments of deci- of public and private cooperation. For how to create the flexibility necessary sion. to respond to WMD threats while pro- I ask my colleagues to join with me the last 18 months, many countries in- tecting congressional prerogatives and in passing this important legislation. volved in the Kimberly Process have maintaining the necessary checks and been working to design a new regimen balances. Accordingly, I have included By Mr. DURBIN (for himself, Mr. to govern the trade in rough diamonds. several conditions beyond the stren- DEWINE and Mr. FEINGOLD): About 70 percent, by some estimates, of uous reporting requirements. S. 2027. A bill to implement effective all the diamonds that are mined and First, my bill permits the Secretary measures to stop trade in conflict dia- found in the world are sold in the of Defense to provide equipment, goods, monds, and for other purposes; to the United States. The United States needs and services but does not include au- Committee on Finance. to show a leadership role in dealing thority to provide cash directly to the Mr. DURBIN. Madam President, with conflict diamonds so the terror- project or activity. This preserves one today I have introduced a new bill ists know it is not going to be easy. We

VerDate 11-MAY-2000 01:17 Mar 19, 2002 Jkt 099060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\A18MR6.034 pfrm02 PsN: S18PT1 S2012 CONGRESSIONAL RECORD — SENATE March 18, 2002 are going to make it more difficult. We Our bill includes a broad definition of imposed on the people of Sierra Leone are going to try to establish controls conflict diamonds, so it covers the con- by rebels funded with conflict dia- so we know if diamonds were brought flicts in the Democratic Republic of monds. The moral outcry by religious into the trade by illegal or legal the Congo, not simply areas that have and human rights groups galvanized means. been singled out by the United Nations governments and the diamond industry Last year, I introduced a bill called Security Council resolutions. Our defi- to address the problem. Now is the the Clean Diamonds Act, S. 1084, along nition also covers the terrorists named time to close the deal and to secure an with Senators DEWINE and FEINGOLD, by President George Bush in his Execu- effective agreement, not an exercise in to reflect the consensus that had devel- tive Order 13224. public relations. Now is also the time oped between the religious and human The House bill does not give the au- to have strong U.S. legislation to say rights communities and the diamond thority to the President that he has al- to the world the United States will do industry on the U.S. response to this ready under the International Emer- as much as it can to stop this scourge. issue. Senator JUDD GREGG, who had gency Economic Powers Act and has I ask unanimous consent that the introduced his own amendments and already in fact exercised to implement text of the bill be printed in the legislation dealing with this issue in existing U.N. Security Council resolu- RECORD. the past, joined in cosponsoring our tions, nor does the House bill require bill, as did a bipartisan group of 11 ad- the President to do anything to re- S. 2027 ditional Senators. spond to this problem. Be it enacted by the Senate and House of Rep- In the House of Representatives, Con- Our bill requires the President to resentatives of the United States of America in gressmen TONY HALL and FRANK WOLF prohibit the importation of rough dia- Congress assembled, have been leaders on this issue. They monds from countries not taking effec- SECTION 1. SHORT TITLE. introduced several bills to address it. tive measures to stop the trade in con- This Act may be cited as the ‘‘Clean Dia- They worked with the Ways and Means flict diamonds if that prohibition is in mond Trade Act’’. Committee and the administration to the foreign policy interest of the SEC. 2. FINDINGS. pass the bill last November, H.R. 2722, United States. Congress finds the following: the Clean Diamonds Trade Act, which, It is clear to me those responsible for (1) Funds derived from the sale of rough while a step forward, I am afraid, did the conflict diamond trade will stop at diamonds are being used by rebels, state ac- not do enough to meet the original in- nothing in their efforts to circumvent tors, and terrorists to finance military ac- tent of our congressional effort. I had the international efforts being nego- tivities, overthrow legitimate governments, hoped Senator DEWINE, Senator FEIN- tiated. To transform a rough diamond subvert international efforts to promote peace and stability, and commit horrifying GOLD, and I might be able to work out into a polished diamond for purposes of atrocities against unarmed civilians. During an agreement with the administration import classification, all someone the past decade, more than 6,500,000 people to make some changes to strengthen needs to do is make one cut. That dis- from Sierra Leone, Angola, and the Demo- the House-passed bill, but unfortu- tinction in the House-passed bill is a cratic Republic of the Congo have been driv- nately that has not happened. terrible loophole. The importation of en from their homes by wars waged in large In the meantime, the international polished diamonds or jewelry con- part for control of diamond mining areas. A effort is continuing. Talks that we taining diamonds is a potentially huge million of these are refugees eking out a hope will one day lead to a final session loophole as well through which conflict miserable existence in neighboring coun- of the Kimberly Process are underway diamonds could have been imported tries, and tens of thousands have fled to the today, tomorrow, and Wednesday in Ot- United States. Approximately 3,700,000 peo- into the United States. The House- ple have died during these wars. tawa. I am concerned key issues re- passed bill did not protect against that (2) The countries caught in this fighting main unresolved or have been ad- loophole. are home to nearly 70,000,000 people whose dressed in ways that could undermine The House bill also does not require societies have been torn apart not only by the whole initiative, leading to the but only permits the President to pro- fighting but also by terrible human rights failure to produce an effective Kim- hibit the importation of specific ship- violations. berly agreement. ments of polished diamonds or jewelry (3) Human rights advocates, the diamond Specifically, the negotiators need to containing diamonds into our country, trade as represented by the World Diamond address the issues of independent moni- if he has credible evidence they were Council, and the United States Government toring, the collection of reliable statis- recently began working to block the trade in produced from conflict diamonds. Our conflict diamonds. Their efforts have helped tics, and the need for a coordinating bill requires it. to build a consensus that action is urgently body to implement the agreed-upon Our bill also permits the President to needed to end the trade in conflict diamonds. system of controls on rough diamond prohibit the importation of polished (4) The United Nations Security Council exports. In addition, the U.S. General diamonds and jewelry containing dia- has acted at various times under chapter VII Accounting Office, in its February 13 monds from countries that do not take of the Charter of the United Nations to ad- testimony entitled ‘‘Significant Chal- effective measures to stop the trade in dress threats to international peace and se- lenges Remain in Deterring Trade in conflict diamonds. curity posed by conflicts linked to diamonds. Conflict Diamonds,’’ outlined other po- With these two provisions, we hope Through these actions, it has prohibited all states from exporting weapons to certain tential witnesses in transparency, ac- to send a strong message that the countries affected by such conflicts. It has countability, and risk assessment, par- United States will close the polished further required all states to prohibit the di- ticularly relating to controls from the diamond and diamond jewelry loop- rect and indirect import of rough diamonds mine to export. holes so that American consumers can from Angola and Sierra Leone unless the dia- We have decided we need to introduce have confidence that the diamond they monds are controlled under specified certifi- a new, stronger Senate version of the buy for an engagement, an anniver- cate of origin regimes and to prohibit abso- Clean Diamonds Trade Act to move sary, or another milestone in their lutely for a period of 12 months the direct this issue forward and to address devel- lives is from a legitimate and respon- and indirect import of rough diamonds from Liberia. opments such as the revelations about sible source. (5) In response, the United States imple- terrorist exploitation of diamonds and Finally, our bill eliminates the safe mented sanctions restricting the importa- the potential weaknesses in the inter- harbor provision contained in the tion of rough diamonds from Angola and Si- national agreement. House bill which would allow cir- erra Leone to those diamonds accompanied Think about these diamonds moving cumvention of the Kimberly Process by specified certificates of origin and fully across the world. You can put a fortune before an agreement were even final- prohibiting the importation of rough dia- in your hand, put it into your pocket, ized. While these negotiations are pro- monds from Liberia. In order to put an end and walk through any metal detector ceeding and while we are trying to se- to the emergency situation in international undetected. You can carry them on an relations, to maintain international peace cure the cooperation of all parties con- and security, and to protect its essential se- airplane around the world, use them as cerned, this is not the time to undercut curity interests, and pursuant to its obliga- people would use gold ingots or check- it. tions under the United Nations Charter, the ing accounts. They are fungible wher- The world was shocked and horrified United States is now taking further action ever you go. by the murder, mutilation, and terror against trade in conflict diamonds.

VerDate 11-MAY-2000 01:17 Mar 19, 2002 Jkt 099060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G18MR6.031 pfrm02 PsN: S18PT1 March 18, 2002 CONGRESSIONAL RECORD — SENATE S2013 (6) Without effective action to eliminate monds as long as the prohibition is con- apply, to the same extent as any other viola- trade in conflict diamonds, the trade in le- sistent with the foreign policy interests of tion of the customs and navigation laws of gitimate diamonds faces the threat of a con- the United States, including the inter- the United States. sumer backlash that could damage the national obligations of the United States, or (b) PROCEEDS FROM FINES AND FORFEITED economies of countries not involved in the is pursuant to United Nations Security GOODS.—Notwithstanding any other provi- trade in conflict diamonds and penalize Council Resolutions on conflict diamonds. sion of law, the proceeds derived from fines members of the legitimate trade and the peo- (b) EFFECTIVE MEASURES.—For purposes of imposed for violations of section 4(a), and ple they employ. To prevent that, South Af- this Act, effective measures are measures from the seizure and forfeiture of goods im- rica and more than 30 other countries are in- that— ported in violation of section 4(a), shall, in volved in working, through the ‘‘Kimberley (1) meet the requirements of United Na- addition to amounts otherwise available for Process’’, toward devising a solution to this tions Security Council Resolutions on trade such purposes, be available only for— problem. As the consumer of a majority of in conflict diamonds; (1) the Leahy War Victims Fund adminis- the world’s supply of diamonds, the United (2) meet the requirements of an inter- tered by the United States Agency for Inter- States has an obligation to help sever the national arrangement on conflict diamonds, national Development or any successor pro- link between diamonds and conflict and including the recommendations of the Kim- gram to assist victims of foreign wars; and press for implementation of an effective so- berley Process, as long as the measures also (2) grants under section 131 of the Foreign lution. meet the requirements of United Nations Se- Assistance Act of 1961 (22 U.S.C. 2152a). (7) Articles XX and XXI of the General curity Council Resolutions on trade in con- SEC. 7. REPORTS. Agreement on Tariffs and Trade 1994 allow flict diamonds; or (a) ANNUAL REPORTS.—Not later than one members of the World Trade Organization to (3) contain the following elements, or their year after the effective date of this Act, and take measures to deal with situations such functional equivalent, if such elements are every 12 months thereafter, the President as that presented by the current trade in sufficient to meet the requirements of shall transmit to Congress a report— conflict diamonds without violating their United Nations Security Council Resolutions (1) describing actions taken by countries World Trade Organization obligations. on trade in conflict diamonds: that have exported diamonds to the United (8) Failure to curtail the trade in conflict (A) With respect to exports from countries States during the preceding 12-month period diamonds or to differentiate between the where rough diamonds are extracted, secure to implement effective measures to stop trade in conflict diamonds and the trade in packaging, accompanied by officially vali- trade in conflict diamonds; legitimate diamonds could have a severe dated documentation certifying the country (2) describing any new technologies since negative impact on the legitimate diamond of origin, total carat weight, and value. the date of enactment of this Act for mark- trade in countries such as Botswana, Na- (B) With respect to exports from countries ing diamonds or determining the origin of mibia, South Africa, and Tanzania. where rough diamonds are extracted, a sys- rough diamonds; (9) Initiatives of the United States seek to tem of verifiable controls on rough diamonds (3) identifying those countries that have resolve the regional conflicts in sub-Saharan from mine to export. exported diamonds to the United States dur- Africa which facilitate the trade in conflict (C) With respect to countries that reexport ing the preceding 12-month period and are diamonds. rough diamonds, a system of controls de- not implementing effective measures to stop SEC. 3. DEFINITIONS. signed to ensure that no conflict diamonds trade in conflict diamonds and whose failure In this Act: have entered the legitimate trade in rough to do so has significantly increased the like- (1) CONFLICT DIAMONDS.—The term ‘‘con- diamonds. lihood that conflict diamonds are being im- flict diamonds’’ means— (D) Verifiable recordkeeping by all compa- ported into the United States; (A) rough diamonds the importation of nies and individuals engaged in mining, im- (4) describing appropriate actions, which which is prohibited by United Nations Secu- port, and export of rough diamonds within may include actions under sections 4 and 5, rity Council Resolutions because that trade the territory of the exporting country, sub- that may be taken by the United States, or is fueling conflict; ject to inspection and verification by author- actions that may be taken or are being (B) in the case of rough diamonds not cov- ized government authorities in accordance taken by each country identified under para- ered by subparagraph (A), rough diamonds with national regulations. graph (3), to ensure that conflict diamonds used by any armed movement or an ally of (E) Government publication on a periodic are not being imported into the United an armed movement to finance or sustain op- basis of official rough diamond export and States from such country; and erations to carry out systematic human import statistics. (5) identifying any additional countries in- rights abuses or attacks against unarmed ci- (F) Implementation of proportionate and volved in conflicts linked to rough diamonds vilians; or dissuasive penalties against any persons who that are not the subject of United Nations (C) diamonds that evidence shows fund the violate laws and regulations designed to Security Council Resolutions on conflict dia- al-Qaeda international terrorist network and combat trade in conflict diamonds. monds. related groups designated under Executive (G) Full cooperation with the United Na- (b) SEMIANNUAL REPORTS.—For each coun- Order No. 13224 of September 23, 2001 (66 Fed- tions or other official international bodies try identified in subsection (a)(3), the Presi- eral Register 49079). examining the trade in conflict diamonds, dent shall, every 6 months after the initial (2) DIAMONDS.—The term ‘‘diamonds’’ especially with respect to any inspection and report in which the country was identified, means diamonds classifiable under sub- monitoring of the trade in rough diamonds. transmit to Congress a report that explains heading 7102.31.00 or subheading 7102.39.00 of (c) EXCLUSIONS.—The provisions of this sec- what actions have been taken by the United the Harmonized Tariff Schedule of the tion do not apply to— States or such country since the previous re- United States. (1) rough diamonds imported by or on be- port to ensure that conflict diamonds are not (3) POLISHED DIAMONDS.—The term ‘‘pol- half of a person for personal use and accom- being imported from that country into the ished diamonds’’ means diamonds classifi- panying a person upon entry into the United United States. The requirement to issue a able under subheading 7102.39.00 of the Har- States; or semiannual report with respect to a country monized Tariff Schedule of the United (2) rough diamonds previously exported under this subsection shall remain in effect States. from the United States and reimported by until such time as the country implements (4) ROUGH DIAMONDS.—The term ‘‘rough the same importer, without having been ad- effective measures. diamonds’’ means diamonds that are vanced in value or improved in condition by SEC. 8. GAO REPORT. unworked, or simply sawn, cleaved, or any process or other means while abroad, if Not later than 3 years after the effective bruted, classifiable under subheading the importer declares that the reimportation date of this Act, the Comptroller General of 7102.31.00 of the Harmonized Tariff Schedule of the rough diamonds satisfies the require- the United States shall transmit a report to of the United States. ments of this paragraph. Congress on the effectiveness of the provi- (5) UNITED STATES.—The term ‘‘United SEC. 5. PROHIBITION OF POLISHED DIAMONDS sions of this Act in preventing the importa- States’’, when used in the geographic sense, AND JEWELRY. tion of conflict diamonds under section 4. means the several States, the District of Co- The President shall prohibit specific en- The Comptroller General shall include in the lumbia, and any commonwealth, territory, tries into the customs territory of the report any recommendations on any modi- or possession of the United States. United States of polished diamonds and jew- fications to this Act that may be necessary. SEC. 4. MEASURES TO PREVENT IMPORTS OF elry containing diamonds if the President SEC. 9. SENSE OF CONGRESS. CONFLICT DIAMONDS. has credible evidence that such polished dia- (a) INTERNATIONAL ARRANGEMENT.—It is (a) AUTHORITY OF THE PRESIDENT.—Not- monds and jewelry were produced with con- the sense of Congress that the President withstanding any other provision of law, the flict diamonds. should take the necessary steps to negotiate President shall prohibit, in whole or in part, SEC. 6. ENFORCEMENT. an international arrangement, working in the importation into the United States of (a) IN GENERAL.—Diamonds and jewelry concert with the Kimberley Process referred rough diamonds, and may prohibit the im- containing diamonds imported into the to in section 2(6), to eliminate the trade in portation into the United States of polished United States in violation of any prohibition conflict diamonds. Such an international ar- diamonds and jewelry containing diamonds, imposed under section 4 or 5 are subject to rangement should create an effective global from any country that does not take effec- the seizure and forfeiture laws, and all crimi- system of controls covering countries that tive measures to stop trade in conflict dia- nal and civil laws of the United States shall export and import rough diamonds, should

VerDate 11-MAY-2000 01:17 Mar 19, 2002 Jkt 099060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\A18MR6.030 pfrm02 PsN: S18PT1 S2014 CONGRESSIONAL RECORD — SENATE March 18, 2002 contain the elements described in section are committed to these efforts and are population, killing, abducting, raping, 4(b)(3), and should address independent moni- fighting for a strong, effective Kim- and hacking off the limbs of victims toring, the collection of reliable statistics on berly agreement. with machetes. This chopping off of the diamond trade, and the need for a coordi- Mr. President, I believe the United limbs is the RUF’s trademark strategy. nating body or secretariat to implement the I believe we can do something about arrangement. States must take this leadership role (b) ADDITIONAL SECURITY COUNCIL RESOLU- so we can get ultimately the strongest this. We can, in fact, make a dif- TIONS.—It is the sense of Congress that the possible agreement. That is the mes- ference. We have the power to help put President should take the necessary steps to sage I believe our bill sends today. I an end to the indiscriminate suffering seek United Nations Security Council Reso- will spend a few minutes talking about and violence in Sierra Leone and else- lutions with respect to trade in diamonds why this bill is so important and why where in Africa. As the world’s biggest from additional countries identified under it is vital we get a strong measure diamond customer, purchasing the ma- section 7(a)(5). passed and eventually signed into law. jority of the world’s diamonds, the (c) TRADE IN LEGITIMATE DIAMONDS.—It is United States has tremendous clout. the sense of Congress that the provisions of The diamond trade is one of the this Act should not impede the trade in le- world’s most lucrative industries. With With that clout, we have the power to gitimate diamonds with countries which are its extreme profitability, it is not sur- remove the lucrative financial incen- working constructively to eliminate trade in prising a black market trade has tives that drive the rebel groups to conflict diamonds, including through the ne- emerged alongside the legitimate in- trade in diamonds in the first place. gotiation of an effective international ar- dustry. The sale of illicit diamonds has Simply put, if there is no market for rangement to eliminate trade in conflict dia- yielded disturbing reports in the media their diamonds, there is little reason monds. linking even Osama bin Laden to this for the rebels to engage in their brutal (d) IMPLEMENTATION OF EFFECTIVE MEAS- trade. On February 22, 2001, the U.S. campaigns to secure and then protect URES.—It is the sense of Congress that com- their diamonds. That is why our legis- panies involved in diamond extraction and District Court trial, United States v. trade should make financial contributions to Osama bin Laden, attests to this. lation is aimed at removing the rebels’ countries seeking to implement any effective Additionally, there is an established market incentive. We need to work to- measures to stop trade in conflict diamonds link between Sierra Leone’s diamond gether with the international commu- described in section 4(b), if those countries trade and well-known Lebanese terror- nity to facilitate the implementation would have financial difficulty implementing ists. of a system of controls on the export those measures. It is also not surprising that diamond and import of diamonds so that buyers SEC. 10. AUTHORIZATION OF APPROPRIATIONS. trading has become an attractive and can be certain their purchases are not There is authorized to be appropriated to sustainable income source for violent fueling the rebel campaign. the President $5,000,000 for each of the fiscal rebel groups around the world, particu- Specifically, our new bill attempts to years 2002 and 2003 to provide assistance to move this issue forward and to countries seeking to implement any effective larly in Africa. The information I am measures to stop trade in conflict diamonds talking about today in regard to ter- strengthen U.S. policy. For example, described in section 4(b), if those countries rorists has been reported in the public our bill would require the President to would have financial difficulty implementing news media. Currently in Africa, where prohibit the importation of rough dia- those measures. the majority of the world’s diamonds monds from countries not taking effec- SEC. 11. EFFECTIVE DATE. are found, there is ongoing strife and tive measures to stop the trade in con- This Act shall take effect on the date of struggle resulting from the fight for flict diamonds. the enactment of this Act. control of the precious gems. While vi- It also addresses potential loopholes Mr. DEWINE. Mr. President, today I olence has erupted in several countries, associated with polished diamonds and wish to talk about legislation that including Sierra Leone, Angola, the diamond jewelry and includes a broader Senator DURBIN, Senator FEINGOLD, Congo, and Liberia, Sierra Leone in definition of conflict diamonds so that and I introduce today to address the particular has one of the worst records it includes conflicts in the Democratic continued profitable sale of what we of violence. Republic of the Congo and other areas refer to as conflict diamonds. We have In that nation, rebel groups, most no- as well. been working together on this matter tably the Revolutionary United Front, These are a few of the important pro- for some time, along with our col- the RUL, have seized control of many visions that were omitted in the House leagues in the House of Representa- of that country’s diamond fields. Once version, provisions that are essential in tives, Congressman TONY HALL from in control of a diamond field, the rebels this legislation to make the difference my home State of Ohio and Congress- confiscate the diamonds. Then they we want to make. I urge my colleagues man FRANK WOLF of Virginia. launder them on to the legitimate mar- in the Senate to support this new bill We have been working to help those ket through other nearby nations, such and send an important message to the in Africa who are suffering at the as Liberia, and ultimately finance international community. As I see it, hands of this illicit diamond trade. their terrorist regimes and their con- we do have an obligation, I think a Last spring, we introduced a similar tinued efforts to overthrow the govern- moral obligation, to help eliminate the bill to put pressure on the inter- ment. financial incentives for the illicit trad- national community to implement a Over the past decade, the rebels ers. We owe it to those who unwit- global agreement to stem the conflict reaped the benefits of at least $10 bil- tingly buy these conflict diamonds but, diamond trade. lion in smuggled diamonds, and the more importantly, we owe it to the While the House passed a weaker fact is it could be a lot more than that. children who have suffered far too long. version of that bill last November, my Since the start of the rebel quest for f Senate colleagues and I have been control of Sierra Leone’s diamond sup- AMENDMENTS SUBMITTED AND working with the administration to ply, the children of this small nation PROPOSED pass a stronger, more meaningful bill. have borne the brunt of the insurgency. Unfortunately, these negotiations thus For over 8 years, the RUF has con- SA 3031. Mr. ROCKEFELLER (for himself, Mr. DURBIN, Mr. BAYH, Mr. KENNEDY, Mrs. far have not been successful. That is scripted children, often as young as 7 CLINTON, Mr. HARKIN, Mrs. LINCOLN, Ms. MI- why we join together today in the in- or 8 years old. These soldiers and their KULSKI, Mr. CORZINE, Mr. SCHUMER, Mrs. troduction of a new and even stronger makeshift army have ripped an esti- CARNAHAN, Mr. TORRICELLI, Mrs. FEINSTEIN, measure: legislation that reflects both mated 12,000 children from their fami- Mrs. MURRAY, Mr. JEFFORDS, Mr. LEAHY, Mr. trade and humanitarian concerns. lies. After the RUF invaded the capital DASCHLE, Mr. KERRY, Mr. WELLSTONE, and The introduction now is particularly of Freetown in January 1999, at least Ms. CANTWELL) submitted an amendment in- significant, as the international com- 3,000 children were reported missing. tended to be proposed to amendment SA 2917 munity begins the final session of the As a result of deliberate and system- proposed by Mr. DASCHLE (for himself and Kimberly Process today in Ottawa. atic brutalization, children soldiers Mr. BINGAMAN) to the bill (S. 517) to author- ize funding the Department of Energy to en- During these negotiations, it is crit- have become some of the most vicious hance its mission areas through technology ical that the United States send a and effective fighters within the rebel transfer and partnerships for fiscal years 2002 strong message to the international factions. The rebel army, child soldiers through 2006, and for other purposes; which community, a message that says we included, has terrorized Sierra Leone’s was ordered to lie on the table.

VerDate 11-MAY-2000 01:17 Mar 19, 2002 Jkt 099060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\A18MR6.030 pfrm02 PsN: S18PT1 March 18, 2002 CONGRESSIONAL RECORD — SENATE S2015 SA 3032. Mrs. LINCOLN (for herself, Mr. sections (g) and (h), the FMAP for a high un- Mr. BINGAMAN) to the bill (S. 517) to au- COCHRAN, Mr. TORRICELLI, Mr. WELLSTONE, employment State for the second, third, and thorize funding the Department of En- and Mrs. MURRAY) submitted an amendment fourth calendar quarters of fiscal year 2002, ergy to enhance its mission areas intended to be proposed to amendment SA or any calendar quarter of fiscal year 2003 or through technology transfer and part- 2917 proposed by Mr. DASCHLE (for himself 2004, (and any subsequent such calendar and Mr. BINGAMAN) to the bill (S. 517) supra; quarters after the first such calendar quarter nerships for fiscal years 2002 through which was ordered to lie on the table. for which the State is a high unemployment 2006, and for other purposes; which was f State regardless of whether the State con- ordered to lie on the table; as follows: tinues to be a high unemployment State for In lieu of the matter proposed to be in- TEXT OF AMENDMENTS the subsequent such calendar quarters) shall serted, insert the following: SA 3031. Mr. ROCKEFELLER (for be increased (after the application of sub- DIVISION ll—MISCELLANEOUS himself, Mr. DURBIN, Mr. BAYH, Mr. sections (a), (b), (c), and (d)) by 1.50 percent- age points. SEC. ll01. DELAY IN MEDICAID UPL CHANGES KENNEDY, Mrs. CLINTON, Mr. HARKIN, FOR NON-STATE GOVERNMENT- (2) HIGH UNEMPLOYMENT STATE.— Mrs. LINCOLN, Ms. MIKULSKI, Mr. OWNED OR OPERATED HOSPITALS. (A) IN GENERAL.—For purposes of this sub- (a) FINDINGS.—Congress finds that non- CORZINE, Mr. SCHUMER, Mrs. CARNAHAN, section, a State is a high unemployment State government-owned or operated Mr. TORRICELLI, Mrs. FEINSTEIN, Mrs. State for a calendar quarter if, for any 3 con- hospitals— MURRAY, Mr. JEFFORDS, Mr. LEAHY, Mr. secutive months beginning on or after June (1) provide access to a wide range of needed DASCHLE, Mr. KERRY, Mr. WELLSTONE, 2001 and ending with the second month be- care not often otherwise available in under- fore the beginning of the calendar quarter, and Ms. CANTWELL) submitted an served areas; the State has an average seasonally adjusted amendment intended to be proposed to (2) deliver a significant proportion of un- unemployment rate that exceeds the average amendment SA 2917 proposed by Mr. compensated care; and weighted unemployment rate during such pe- DASCHLE (for himself and Mr. BINGA- (3) are critically dependent on public fi- riod. Such unemployment rates for such nancing sources, such as the medicaid pro- MAN) to the bill (S. 517) to authorize months shall be determined based on publi- gram. funding the Department of Energy to cations of the Bureau of Labor Statistics of (b) MORATORIUM ON UPL CHANGES.—The enhance its mission areas through the Department of Labor. Secretary of Health and Human Services technology transfer and partnerships (B) AVERAGE WEIGHTED UNEMPLOYMENT may not implement any change in the upper RATE DEFINED.—For purposes of subpara- for fiscal years 2002 through 2006, and limits on payment under title XIX of the So- graph (A), the ‘‘average weighted unemploy- for other purposes; which was ordered cial Security Act for services of non-State ment rate’’ for a period is— to lie on the table; as follows: government-owned or operated hospitals (i) the sum of the seasonally adjusted num- At the end, add the following: published after October 1, 2001, before the ber of unemployed civilians in each State later of— DIVISION ll—MISCELLANEOUS and the District of Columbia for the period; (1) September 30, 2002; or SEC. ll01. TEMPORARY INCREASE OF MEDICAID divided by (2) 3 months after the submission to Con- FMAP. (ii) the sum of the civilian labor force in gress of the plan described in subsection (c). (a) PERMITTING MAINTENANCE OF FISCAL each State and the District of Columbia for (c) MITIGATION PLAN.—The Secretary of YEAR 2001 FMAP FOR LAST 3 CALENDAR the period. Health and Human Services shall submit to QUARTERS OF FISCAL YEAR 2002.—Notwith- (f) INCREASE IN CAP ON MEDICAID PAYMENTS Congress a report that contains a plan for standing any other provision of law, but sub- TO TERRITORIES.—Notwithstanding any other ject to subsection (g), if the FMAP deter- provision of law, with respect to the second, mitigating the loss of funding to non-State mined without regard to this section for a third, and fourth calendar quarters of fiscal government-owned or operated hospitals as a State for fiscal year 2002 is less than the year 2002, and each calendar quarter of fiscal result of any change in the upper limits on FMAP as so determined for fiscal year 2001, years 2003 and 2004, the amounts otherwise payment for such hospitals published after the FMAP for the State for fiscal year 2001 determined for Puerto Rico, the Virgin Is- October 1, 2001. Such report shall also in- shall be substituted for the State’s FMAP for lands, Guam, the Northern Mariana Islands, clude such recommendations for legislative the second, third, and fourth calendar quar- and American Samoa under section 1108 of action as the Secretary deems appropriate. ters of fiscal year 2002, before the application the Social Security Act (42 U.S.C. 1308) shall f of this section. each be increased by an amount equal to 6 (b) PERMITTING MAINTENANCE OF FISCAL percentage points of such amounts. APPOINTMENT YEAR 2002 FMAP FOR FISCAL YEAR 2003.— (g) SCOPE OF APPLICATION.—The increases Notwithstanding any other provision of law, The PRESIDING OFFICER. The in the FMAP for a State under this section Chair, on behalf of the Republican but subject to subsection (g), if the FMAP shall apply only for purposes of title XIX of determined without regard to this section the Social Security Act and shall not apply leader, in consultation with the Demo- for a State for fiscal year 2003 is less than with respect to— cratic leader, pursuant to Public Law the FMAP as so determined for fiscal year (1) disproportionate share hospital pay- 68–541, as amended by Public Law 102– 2002, the FMAP for the State for fiscal year ments described in section 1923 of such Act 246, appoints Tom Luce, of Texas, as a 2002 shall be substituted for the State’s (42 U.S.C. 1396r–4); or member of the Library of Congress FMAP for each calendar quarter of fiscal (2) payments under titles IV and XXI of Trust Fund Board for a term of 5 years. year 2003, before the application of this sec- such Act (42 U.S.C. 601 et seq. and 1397aa et tion. seq.). f (c) PERMITTING MAINTENANCE OF FISCAL (h) STATE ELIGIBILITY.—A State is eligible EXECUTIVE SESSION YEAR 2003 FMAP FOR FISCAL YEAR 2004.— for an increase in its FMAP under subsection Notwithstanding any other provision of law, (d) or (e) or an increase in a cap amount but subject to subsection (g), if the FMAP under subsection (f) only if the eligibility determined without regard to this section under its State plan under title XIX of the EXECUTIVE CALENDAR for a State for fiscal year 2004 is less than Social Security Act (including any waiver Mr. REID. I ask unanimous consent the FMAP as so determined for fiscal year under such title or under section 1115 of such 2003, the FMAP for the State for fiscal year that the Senate proceed to executive Act (42 U.S.C. 1315)) is no more restrictive session to consider Calendar Nos. 728 2003 shall be substituted for the State’s than the eligibility under such plan (or waiv- FMAP for each calendar quarter of fiscal er) as in effect on October 1, 2001. and 729, en bloc; that the nominations year 2004, before the application of this sec- (i) DEFINITIONS.—In this section: be confirmed; the motions to recon- tion. (1) FMAP.—The term ‘‘FMAP’’ means the sider be laid upon the table; the Presi- (d) GENERAL 1.50 PERCENTAGE POINTS IN- Federal medical assistance percentage, as dent be immediately notified of the CREASE THROUGH FISCAL YEAR 2004.—Not- defined in section 1905(b) of the Social Secu- Senate’s action; any statements appear withstanding any other provision of law, but rity Act (42 U.S.C. 1396d(b)). subject to subsections (g) and (h), for each at the appropriate place in the RECORD; (2) STATE.—The term ‘‘State’’ has the and the Senate return to legislative State for the second, third, and fourth cal- meaning given such term for purposes of endar quarters of fiscal year 2002 and each title XIX of the Social Security Act (42 session. calendar quarter of fiscal years 2003 and 2004, U.S.C. 1396 et seq.). The PRESIDING OFFICER. Without the FMAP (taking into account the applica- objection, it is so ordered. tion of subsections (a), (b), and (c)) shall be SA 3032. Mrs. LINCOLN (for herself, The nominations considered and con- increased by 1.50 percentage points. Mr. COCHRAN, Mr. TORRICELLI, Mr. firmed en bloc are as follows: (e) FURTHER INCREASE FOR STATES WITH ELLSTONE URRAY HIGH UNEMPLOYMENT RATES THROUGH FISCAL W , and Mrs. M ) sub- DEPARTMENT OF JUSTICE YEAR 2004.— mitted an amendment intended to be Don Slazinik, of Illinois, to be United (1) IN GENERAL.—Notwithstanding any proposed to amendment SA 2917 pro- States Marshal for the Southern District of other provision of law, but subject to sub- posed by Mr. DASCHLE (for himself and Illinois for the term of four years.

VerDate 11-MAY-2000 01:17 Mar 19, 2002 Jkt 099060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\A18MR6.031 pfrm02 PsN: S18PT1 S2016 CONGRESSIONAL RECORD — SENATE March 18, 2002 Kim Richard Widup, of Illinois, to be Senate recess from 12:30 to 2:15 p.m. for ADJOURNMENT UNTIL 10 A.M. United States Marshal for the Northern Dis- the weekly party conferences. TOMORROW trict of Illinois for the term of four years. The PRESIDING OFFICER. Without Mr. REID. Mr. President, if there is f objection, it is so ordered. no further business to come before the LEGISLATIVE SESSION Senate, I ask unanimous consent the Senate stand in adjournment under the The PRESIDING OFFICER. The Sen- f previous order. ate will return to legislative session. There being no objection, the Senate, PROGRAM f at 7:03 p.m., adjourned until Tuesday, ORDERS FOR TUESDAY, MARCH 19, Mr. REID. As negotiations continue March 19, 2002, at 10 a.m. 2002 on campaign finance reform, we expect f to resume consideration of the energy Mr. REID. I ask unanimous consent CONFIRMATIONS that when the Senate completes its bill tomorrow. There are a number of business today, it adjourn until the important amendments on which we Executive nominations confirmed by hour of 10 a.m. on Tuesday, March 19; can work. The Feinstein amendment the Senate March 18, 2002: that following the prayer and the has been pending, and Senator KYL, I THE JUDICIARY pledge, the Journal of proceedings be hope, will be ready to offer his amend- RANDY CRANE, OF TEXAS, TO BE UNITED STATES DIS- approved to date, the morning hour be TRICT JUDGE FOR THE SOUTHERN DISTRICT OF TEXAS. ment so we can finalize the debate on DEPARTMENT OF JUSTICE deemed expired, the time for the two the alternative energy consideration in leaders be reserved for their use later DON SLAZINIK, OF ILLINOIS, TO BE UNITED STATES this bill. There are a lot of things to do MARSHAL FOR THE SOUTHERN DISTRICT OF ILLINOIS in the day, and the Senate resume con- FOR THE TERM OF FOUR YEARS. tomorrow. sideration of H.R. 2356, the Campaign KIM RICHARD WIDUP, OF ILLINOIS, TO BE UNITED STATES MARSHAL FOR THE NORTHERN DISTRICT OF IL- Finance Reform Act; further, that the LINOIS FOR THE TERM OF FOUR YEARS.

VerDate 11-MAY-2000 02:09 Mar 19, 2002 Jkt 099060 PO 00000 Frm 00032 Fmt 4624 Sfmt 9801 E:\CR\FM\A18MR6.038 pfrm02 PsN: S18PT1 March 18, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E369 EXTENSIONS OF REMARKS

IN MEMORY OF STEVE M. NATHAN terment of those who had the privilege to cials and community leaders aware of the im- come in contact or work with him. Honoring pact of societal problems on the patients and HON. KEN CALVERT Steve’s memory is the least that we can do families of Children’s Hospital Oakland. OF CALIFORNIA today for all that he gave over his lifetime. Ms. Baxter has long been an advocate of IN THE HOUSE OF REPRESENTATIVES f women taking decision-making roles in the po- litical process. Her work on behalf of women Monday, March 18, 2002 IN RECOGNITION OF THE 1ST AN- seeking elected office began during her col- Mr. CALVERT. Mr. Speaker, I rise today to NUAL QUEEN CITY CLASSIC lege years and includes fund-raising and cam- honor and pay tribute to an individual whose CHESS TOURNAMENT paign management. She is a founding mem- dedication to the community and to the overall ber of Black Women Organized for Political well being of the city of Norco, California, was HON. ROB PORTMAN Action and was president of the Oakland- unparalleled. Norco was indeed fortunate to OF OHIO Berkeley Chapter. have such a dynamic and dedicated business IN THE HOUSE OF REPRESENTATIVES Peggy Baxter served on the Board of Direc- and community leader who willingly and un- tors of the Marcus A. Foster Educational Insti- selfishly gave of his time and talents to make Monday, March 18, 2002 tute and Lincoln Child Center. She was presi- his community a better place in which to live Mr. PORTMAN. Mr. Speaker, I rise today to dent of the Alameda County Unit of the Amer- and work. The individual I am speaking of is recognize the 1st Annual Queen City Classic ican Cancer Society and was secretary of the Steve M. Nathan. I was fortunate to have Chess Tournament, which will be held in the California Division of the American Cancer So- been able to call him my friend. He passed clubhouse of Cincinnati’s Paul Brown Stadium ciety. At Beth Eden Baptist in Oakland, she is away last week at the Corona Regional Med- on April 6, 2002. Vice Chairman of Trustees. Ms. Baxter re- ical Center after complications from surgery at Chess has been played for centuries, and it ceived her Bachelor degree in sociology and the age of 76. is one of the oldest games still played today education from Hampton University in Virginia With true valor and love of country he by literally millions of people around the world. and holds a Masters degree in social work served in the United States Air Force and saw It is a challenging game for youth which can from the University of Denver. combat during World War II as a B–26 Aerial improve a child’s ability to concentrate and Ms. Baxter has been an assiduous cham- Gunner where he flew 26 missions over Ger- can boost his or her self-esteem, which often pion of women and children throughout her many. After 25 years of service, he retired as leads to improved performance in the class- career. She has been not only a friend but a a Senior Master Sergeant in 1968 and moved room. Chess also teaches players of all levels hero to me and countless others. I thank her to Norco. Steve then founded and operated important skills (logical sequencing, careful for her wisdom, her counsel, and her assist- Norco Alarms, Inc. until his retirement in 1990. planning, patience, strategy and good sports- ance throughout the years. A fixture in the community, Steve was a tal- manship) that will be invaluable throughout I want to congratulate Peggy as she retires ented businessman and never shied away their lives. and wish her godspeed as she begins this ex- from community involvement. The 1st Annual Queen City Classic Chess citing new chapter of her life. Mr. Nathan gave much during his years to Tournament was organized by a local commu- I am honored to join Ms. Baxter’s family, his community and the whole Inland Empire. nity leader, Penny Pomeranz, as a way to pro- friends and colleagues to salute the phe- He began his record of community service by vide children in the Cincinnati region with nomenal Peggy B. Baxter. becoming a member of the Norco Planning more opportunities to play chess in a competi- f Commission in 1970, served over 12 years on tive environment and to encourage children to the Norco City Council and was elected Mayor learn to play chess early in life. It will bring to- HONORING JANICA KOSTELIC twice during that span. Steve was also elected gether kindergartners to high school seniors and served as Chairman of the Riverside from Ohio, Kentucky and Indiana. HON. GEORGE RADANOVICH Transit Agency, appointed to the Riverside Mr. Speaker, I hope my colleagues will join OF CALIFORNIA County Jury in 1993, serve on the California me in recognizing Cincinnati’s 1st Annual IN THE HOUSE OF REPRESENTATIVES Grand Jurors Association Board, was the cur- Queen City Classic Chess Tournament. All of Monday, March 18, 2002 rent three term President of the Norco Histor- us in the Cincinnati area appreciate Penny’s ical Society, a member of the California Reha- hard work, and we wish her and all the orga- Mr. RADANOVICH. Mr. Speaker, I rise bilitation Center Citizen Advisory Board, the nizers the best on the Tournament’s debut on today to honor Janica Kostelic for her spectac- Corona Masonic Lodge, Norco Lions Club, the April 6. ular performance at the 2002 Winter Olympics. Norco American Legion Post 328 and the f Ms. Kostelic is a 20 year-old young lady Norco Chamber of Commerce. from Croatia who won four medals (three gold His passion for community service was HONORING PEGGY BAXTER and one silver) during the Olympics in Salt matched by his passion for hunting for arti- Lake City. In celebration, her home country facts. He traveled many parts of the world as HON. BARBARA LEE has placed her picture on a postage stamp. he enjoyed his metal detecting hobby and OF CALIFORNIA Over 100,000 people gathered to meet Janica spent two weeks each summer in England IN THE HOUSE OF REPRESENTATIVES upon her return to Zabreg, Croatia. People where he hunted for artifacts. He was an avid missed work and schools canceled classes so Board Member of the Riverside Treasure Monday, March 18, 2002 they could greet the newly dubbed ‘‘Snow Hunters Club. Ms. LEE. Mr. Speaker, I rise today to honor Queen’’. This skiing sensation finished two He is survived by his wife, Audry Murphy Peggy Baxter for her generous contributions to runs in 2 minutes, 30.01 seconds. Janica is Nathan, two sons, Scott Nathan and his wife the community and to the patients of Oakland the first Alpine skier to win four medals at a Emmi, Dennis Nathan and his wife Jane, two Children’s Hospital. single Winter Olympics. She won gold in the grandchildren, Nicole and Bryan, his sister A resident of Oakland, Ms. Baxter has been giant slalom, the slalom, and the combined Toni Nathan and brother-in law Chuck Nathan. the Administrative Director of Governmental event, and silver in the super giant slalom; she Steve was preceded in death by his wife of 54 and Community Affairs at Children’s Hospital was the only Croatian to win a medal. Janica’s years, Doris Nathan. My prayers go out to and Research Center at Oakland. Serving a brother, Ivica, also competed at the 2002 Win- them for their loss. diverse population, the hospital is both a re- ter Olympics. Mr. Speaker, looking back at Steve’s life, we gional pediatric referral center for Northern The Kostelic family has endured many set- see a man dedicated to his family and com- California and the medical safety net for thou- backs whole trying to support their children’s munity—an American whose gifts to the Inland sands of uninsured Bay Area children. Ms. Olympics aspirations. Their country only has Empire and southern California led to the bet- Baxter is charged with keeping elected offi- two ski resorts, so the family had to travel

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor. E370 CONGRESSIONAL RECORD — Extensions of Remarks March 18, 2002 around Europe often sleeping in their car and paper can and should be, and they take the and discipline, can become anything they as- living on salami and pickle sandwiches. Their grateful thanks of all of us as they pursue new pire to be. tremendous efforts and fortitude, however, challenges. On the 90th anniversary of the founding of paid off tremendously for Janica and Ante, her f the Girl Scouts, I rise to share my thanks to father and coach. the family made many sac- the great service they are doing for young rifices, but their willpower allowed for Janica’s GIRL SCOUTS CELEBRATE 90 women, the State of Indiana, and for our Na- incredible victories. YEARS tion. Our country is truly a better place be- Mr. Speaker, I rise today to congratulate cause of Girl Scouts of the USA. Janica Kostelic on her outstanding achieve- HON. DON YOUNG f ments at the 2002 Winter Olympics. I invite OF ALASKA HONORING JOHN SMALE AS HE IS my colleagues to join me in wishing Ms. IN THE HOUSE OF REPRESENTATIVES INDUCTED INTO THE ADVER- Kostelic and her family many more years of Monday, March 18, 2002 TISING HALL OF FAME continued success. f Mr. YOUNG. Mr. Speaker, today I rise to celebrate the 90th anniversary of the Girl HON. ROB PORTMAN A TRIBUTE TO THE DOWNEY Scouts. Girl Scouting began on March 12, OF OHIO EAGLE 1912, when founder Juliette Gordon Low as- IN THE HOUSE OF REPRESENTATIVES sembled 19 girls from Savannah, Georgia, for Monday, March 18, 2002 HON. STEPHEN HORN a local Girl Scout meeting. She believed that Mr. PORTMAN. Mr. Speaker, I rise today to OF CALIFORNIA all girls should be given the opportunity to de- honor a friend and distinguished constituent, IN THE HOUSE OF REPRESENTATIVES velop physically, mentally and spiritually. The John Smale, the retired Chairman and CEO of Girl Scout mission is to help all girls grow Monday, March 18, 2002 The Procter & Gamble Company and former strong values and ideals which will serve them Chairman of General Motors Corporation, who Mr. HORN. Mr. Speaker, on March 29, throughout their lives. In Alaska alone 8,000 will have the honor of being inducted into the 2002, Barbara and Jerry Andrews will suspend girls and 3,000 volunteers annually participate American Advertising Federation’s Advertising publication of The Downey Eagle after nine in Girl Scouts. This program is especially im- Hall of Fame in New York City on March 19, years. This news was greeted with sadness by portant to me because I married a former Girl 2002. all those who have admired the paper for all Scout, Lu Young. My wife’s former troop lead- The Advertising Hall of Fame is the most these years. Because of the importance of er, Evolyn Melville continues to be a very prestigious honor bestowed in the advertising The Downey Eagle to the City of Downey and close friend. At the time my wife was a Girl industry. It is awarded to individuals who have surrounding areas, I wish to pay tribute to the Scout her troop was the furthest North, eight set the standard for lifetime advertising excel- Andrews family for their commitment and de- miles above the Arctic Circle. Through Girl lence. John Smale joins a notable group of in- votion to their community. Scouting girls make friendships that last a life- dustry luminaries that includes David Ogilvy, The Downey Eagle has provided its readers time, acquire self-confidence, take on respon- Ray Kroc, Jay Chiat, William Bernbach and with all of the elements that make community sibility, and are encouraged to think creatively. William Paley. newspapers so essential: news from the city Girl Scouts have a bright and promising future. John Smale was selected because he has council, civic groups, community organiza- Some of the Girl Scouts future goals include been a major proponent of the power of ad- tions, cultural, educational, and arts events, addressing the digital divide and encouraging vertising to build brands and an advocate of wedding announcements and obituaries, opin- girls to pursue careers in science, math, and building global brand loyalty through adver- ion columns based on local insights and a technology. Happy birthday Girl Scouts and I tising. He is truly a pioneer and an innovator. lively letters page for the community to dis- look forward to hearing of your future accom- He joined Procter & Gamble in 1952 and later, cuss local opinions and events. All this with plishments. as an associate advertising manager in 1958, wonderful photos which accompanied many f he began informing the American Dental As- stories. A publication such as this not only sociation (ADA) about Crest toothpaste’s fluo- provides information, but also helps to pro- GIRL SCOUTS OF THE USA ride-based anti-cavity research. After the ADA mote progress. The Downey Eagle has helped awarded Crest its first seal of approval in build cohesion and a sense of community HON. BRIAN D. KERNS 1960, Crest became the category leader with among its readers. OF INDIANA its ‘‘Look Ma, no cavities’’ advertising cam- Because my wife’s father, uncle, and grand- IN THE HOUSE OF REPRESENTATIVES paign. father were all in the community newspaper Under his leadership as Chairman of the Monday, March 18, 2002 business, I appreciate the difficulties involved Board and Chief Executive Officer in the with getting out a local paper week after week. Mr. KERNS. Mr. Speaker, I rise today in 1980s, John engineered an aggressive series In addition to the sheer physical challenge of honor of the Girl Scouts of the USA. This of landmark changes that restructured the producing a first class publication every seven week, the Girl Scouts celebrate their 90th An- company from the coveted brand management days, a publisher must balance the competing niversary. For nearly a century, this organiza- system—where products compete against one interests of various and very passionate tion has helped millions of girls develop into another—to a broader one of category man- groups. Making these decisions takes sensi- responsible, respectful, and caring young agement. Significantly, this allowed the P&G tivity and both Barbara and Jerry Andrews women. By actively promoting patriotism, in- manager to oversee both the product and its have been available and responsive through- tegrity, community service, and self reliance advertising. He was committed to new product out the publication of The Downey Eagle. the Girl Scouts of the USA is empowering development and invested $2 billion into new They presented balanced civic news, people each of its members to develop to her full po- acquisitions that resulted in tremendous news, and editorial commentary. tential, as both an individual and as a thought- growth, making the company the nation’s lead- Essential to the success of The Downey ful citizen. There are currently almost 3 million ing personal care products company. He did Eagle has been its energetic and talented edi- young ladies involved in the Girl Scouts—and this while emphasizing P&G’s strengths in tor, John Adams. A veteran newspaperman, each one is committed to making our nation market research and without compromising its who previously worked for the San Francisco and the world a better place. By embracing basic values. During his tenure, the company Chronicle, among other major publications, and acting upon the values of the Girl Scouts, expanded from 24 categories to 39, and John has been the chief writer, editor, and they are doing just that. owned the leading brand in most of them. photographer for the paper. He has tirelessly The Girl Scouts is dedicated to involving John Smale engineered other important covered thousands of community events, con- young ladies in every community; rural farm company changes, many targeted to the com- ducted similar numbers of follow-up interviews, communities, urban centers, and suburban pany’s enormous global expansion. In Japan, and produced article after article that was fair, neighborhoods. Indeed, the Girl Scouts of the the world’s second largest consumer market, accurate, and insightful. USA plays a role throughout each of our dis- he hired Japanese managers, and required As the The Downey Eagle ceases to publish tricts, and it is helping shape a future genera- those from the U.S. to study Japanese lan- later this month, Barbara, Jerry, and John can tion of teachers, doctors, computer specialists, guage and culture. In 1992, he was elected take great pride in all that they have accom- mothers, and even Members of Congress. The Board Chairman of the General Motors Cor- plished over the past decade. They have set Girl Scouts has and will continue to dem- poration where he also designed a major re- a high standard for what a community news- onstrate that young ladies, through hard work structuring program. CONGRESSIONAL RECORD — Extensions of Remarks E371 But his significant influence didn’t end in the assets. He has also served on the Board of John Smale is an innovator and achiever. corporate boardroom; he is also an effective Directors of the Partnership for a Drug-Free One veteran corporate analyst ranked him as civic leader. In the late 1980s, he unselfishly America, the Nature Conservancy, and the one of the top three chief executives of the chaired the Cincinnati Infrastructure Commis- National Park Foundation; a trustee of the Cin- past half century. As he receives advertising’s sion—known as the Smale Commission—and cinnati Institute of Fine Arts and the Cincinnati most prestigious honor, we congratulate him enlisted other community leaders in an exam- Museum Association; a member of the Board and thank him for his vision, his commitment ination of ways to make critical improvements in the city’s infrastructure. The Commission’s of Governors of United Way and the National and his service to his community and his report is widely viewed as the most com- Advisory Board of Goodwill Industries of country. prehensive assessment of the city’s physical America. E372 CONGRESSIONAL RECORD — Extensions of Remarks March 18, 2002 SENATE COMMITTEE MEETINGS and accountability under individual ac- 9:45 a.m. Title IV of Senate Resolution 4, count plans; and S. 1335, to support Indian Affairs business incubation in academic set- Business meeting to consider pending agreed to by the Senate on February 4, tings. calendar business. 1977, calls for establishment of a sys- SD–430 SR–485 tem for a computerized schedule of all Environment and Public Works 10 a.m. meetings and hearings of Senate com- To hold hearings to examine legislative Indian Affairs mittees, subcommittees, joint commit- initiatives that would impose limits on To hold hearings on S. 958, to provide for tees, and committees of conference. the shipments of out-of-State munic- the use and distribution of the funds awarded to the Western Shoshone iden- This title requires all such committees ipal solid waste and authorize State tifiable group under Indian Claims and local governments to exercise flow to notify the Office of the Senate Daily Commission Docket Numbers 326–A–1, Digest—designated by the Rules com- control. 326–A–3, 326–K. mittee—of the time, place, and purpose SD–406 SR–485 of the meetings, when scheduled, and Appropriations Health, Education, Labor, and Pensions any cancellations or changes in the Defense Subcommittee To hold hearings to examine the Individ- meetings as they occur. To hold closed hearings to examine an uals With Disabilities Act, as it applies As an additional procedure along overview of intelligence programs. to children and schools. with the computerization of this infor- S–407 Capitol SD–430 1:30 p.m. Finance mation, the Office of the Senate Daily Appropriations To hold hearings to examine corporate Digest will prepare this information for Treasury and General Government Sub- tax shelters. printing in the Extensions of Remarks committee SD–215 section of the CONGRESSIONAL RECORD To hold hearings on proposed budget es- Appropriations on Monday and Wednesday of each timates for fiscal year 2003 for the Of- Commerce, Justice, State, and the Judici- week. fice of Management and Budget. ary Subcommittee Meetings scheduled for Tuesday, SD–192 To hold hearings on proposed budget es- March 19, 2002 may be found in the 2 p.m. timates for fiscal year 2003 for the Fed- eral Bureau of Investigation, Immigra- Daily Digest of today’s RECORD. Veterans’ Affairs To hold joint hearings with the House tion and Naturalization Service, and the Drug Enforcement Administration, MEETINGS SCHEDULED Committee on Veterans’ Affairs to ex- all of the Department of Justice. amine the legislative presentations of MARCH 20 SD–124 American Ex-Prisoners of War, the Appropriations 9:30 a.m. Vietnam Veterans of America, the Re- Transportation Subcommittee Governmental Affairs tired Officers Association, the National To hold hearings to examine security To hold hearings to examine issues with Association of State Directors of Vet- challenges presented by transportation respect to the collapse of the Enron erans Affairs, and AMVETS. of cargo. Corporation, focusing on credit rating 345 Cannon Building SD–138 agencies. Appropriations Banking, Housing, and Urban Affairs SD–342 Agriculture, Rural Development, and Re- To continue oversight hearings to exam- Armed Services lated Agencies Subcommittee ine accounting and investor protection Personnel Subcommittee To hold hearings to examine proposed issues raised by the fall of the Enron To hold hearings on proposed legislation budget estimates for fiscal year 2003 for Corporation and by other public com- authorizing funds for fiscal year 2003 public health, nutrition and regulatory panies. for the Department of Defense, focus- agencies. SH–216 ing on recruiting and retention in the SD–138 Armed Services military services. 2:30 p.m. Readiness and Management Support Sub- SR–232A Armed Services committee Appropriations Strategic Subcommittee To hold hearings on proposed legislation VA, HUD, and Independent Agencies Sub- To hold hearings on proposed legislation authorizing funds for fiscal year 2003 committee for the Department of Defense and the authorizing funds for fiscal year 2003 To hold hearings to examine proposed Future Years Defense Program, focus- for the Department of Defense, focus- budget estimates for fiscal year 2003 for ing on the readiness of U.S. Armed the Environmental Protection Agency. ing on national security space pro- Forces for all assigned missions. SD–138 grams and strategic programs. SR–232A Commerce, Science, and Transportation SR–232A 11 a.m. To hold hearings to examine competition Intelligence Appropriations in the local telecommunications mar- To hold closed hearings to examine pend- Labor, Health and Human Services, and ketplace. ing intelligence matters. Education Subcommittee SR–253 SH–219 To hold hearings to examine proposed 10 a.m. budget estimates for fiscal year 2003 for Judiciary MARCH 21 the National Institutes of Health of the Technology, Terrorism, and Government 9 a.m. Department of Health and Human Information Subcommittee Governmental Affairs Services. To hold hearings to examine identity Business meeting to consider issuance of SD–192 theft and information protection. various subpeonas to employees of 2 p.m. Judiciary SD–226 Enron. Crime and Drugs Subcommittee Banking, Housing, and Urban Affairs SD–342 To hold hearings to examine homeland To continue oversight hearings to exam- 9:30 a.m. ine accounting and investor protection defense, focusing on assessing the Commerce, Science, and Transportation issues raised by the fall of the Enron needs of local law enforcement. To hold hearings to examine airport ca- Corporation and by other public com- SD–226 pacity expansion plans in the Chicago panies. 2:30 p.m. SD–538 area. Appropriations Budget SR–253 District of Columbia Subcommittee Business meeting to mark up a proposed Judiciary To hold hearings on proposed budget es- concurrent resolution setting forth the To hold hearings to examine reform of timates for fiscal year 2003 for the Dis- fiscal year 2003 budget for the Federal the Federal Bureau of Investigation, trict of Columbia Courts, Court Serv- Government. focusing on lessons learned from the ices, and Offender Supervision Agency. SD–608 Oklahoma City bombing. SD–192 Health, Education, Labor, and Pensions SD–226 Business meeting to mark up S. 1992, to Finance APRIL 9 amend the Employee Retirement In- To hold hearings on the nomination of 2:30 p.m. come Security Act of 1974 to improve Randal Quarles, of Utah, to be Deputy Armed Services diversification of plan assets for par- Under Secretary of the Treasury for SeaPower Subcommittee ticipants in individual account plans, International Affairs. To hold hearings on proposed legislation to improve disclosure, account access, SD–215 authorizing funds for fiscal year 2003 CONGRESSIONAL RECORD — Extensions of Remarks E373 for the Department of Defense, focus- CANCELLATIONS eral Accounting Office, Congressional ing on Navy equipment required for Budget Office, and Government Print- fielding a 21st century capabilities- MARCH 21 ing Office. based Navy. SD–124 2 p.m. SR–222 Appropriations Interior Subcommittee MARCH 21 APRIL 10 To hold hearings to examine proposed 2:30 p.m. 10:30 a.m. budget estimates for fiscal year 2003 for Commerce, Science, and Transportation Judiciary the Department of the Interior. Science, Technology, and Space Sub- Antitrust, Competition and Business and SD–138 committee Consumer Rights Subcommittee To hold hearings to examine federal re- To hold hearings to examine cable com- POSTPONEMENTS search and development issues. petition, focusing on the ATT-Comcast SR–253 merger. MARCH 20 SD–226 10:30 a.m. Appropriations Legislative Branch Subcommittee To hold hearings on proposed budget es- timates for fiscal year 2003 for the Gen- Monday, March 18, 2002 Daily Digest Senate Chamber Action Additional Statements: Page S2005 Amendments Submitted: Pages S2014–15 Routine Proceedings, pages S1985–S2016 Record Votes: One record vote was taken today. Measures Introduced Today: Three bills were in- (Total—52) Page S2002 troduced, as follows: S. 2025–2027. Pages S2009–14 Adjournment: Senate met at 3 p.m., and adjourned Measure Introduced Thursday, March 14, 2002: at 7:03 p.m., until 10 a.m., on Tuesday, March 19, S. 2018. Pages S2008–09 2002. (For Senate’s program, see the remarks of the Campaign Finance Reform: Senate began consider- Acting Majority Leader in today’s Record on page ation of H.R. 2356, to amend the Federal Election S2016). Campaign Act of 1971 to provide bipartisan cam- paign reform. Pages S1991–95, S2002 A motion was entered to close further debate on Committee Meetings the bill and, in accordance with the provisions of Rule XXII of the Standing Rules of the Senate, a (Committees not listed did not meet) cloture vote will occur on Wednesday, March 20, 2002. Page S2002 APPROPRIATIONS—NATIONAL NUCLEAR A unanimous-consent agreement was reached pro- SECURITY ADMINISTRATION viding for further consideration of the bill at 10 Committee on Appropriations: Subcommittee on Energy a.m., on Tuesday, March 19, 2002. Page S2016 and Water Development concluded hearings on pro- Appointment: posed budget estimates for fiscal year 2003 for the Department of Energy’s National Nuclear Security Library of Congress Trust Fund Board: The Administration, nuclear reactors, and nuclear pro- Chair, on behalf of the Republican Leader, in con- liferation, after receiving testimony from John A. sultation with the Democratic Leader, pursuant to Gordon, Administrator/Under Secretary for Nuclear Public Law 68–541, as amended by Public Law Security, Adm. Frank L. Bowman, USN, Director, 102–246, appointed Tom Luce, of Texas, as a mem- Naval Nuclear Propulsion Program, Everet H. ber of the Library of Congress Trust Fund Board for Beckner, Deputy Administrator, Defense Programs, a term of five years. Page S2015 and Linton F. Brooks, Deputy Administrator, De- Nominations Confirmed: Senate confirmed the fol- fense Nuclear Nonproliferation, all of the National lowing nominations: Nuclear Security Administration, Department of En- By unanimous vote of 91 yeas (Vote No. 52), ergy. Randy Crane, of Texas, to be United States District Judge for the Southern District of Texas. FEDERAL WORKFORCE REFORM Don Slazinik, of Illinois, to be United States Mar- Committee on Governmental Affairs: Subcommittee on shal for the Southern District of Illinois for the term International Security, Proliferation and Federal Serv- of four years. ices held hearings to examine proposed legislation to Kim Richard Widup, of Illinois, to be United give federal agencies new management tools to han- States Marshal for the Northern District of Illinois dle recruitment and retention of skilled federal em- for the term of four years. Pages S2002, S2016 ployees, in order to avoid a human capital crisis Executive Communications: Pages S2006–07 which may be brought by large-scale retirements ex- pected in the near future, including S. 1603, to pro- Additional Cosponsors: Pages S2007–08 vide for reform relating to Federal employment, and Statements on Introduced Bills/Resolutions: S. 1612, to provide Federal managers with tools and Pages S2008–14 flexibility in areas such as personnel, budgeting, D249 D250 CONGRESSIONAL RECORD — DAILY DIGEST March 18, 2002 property management and disposal, receiving testi- Association, and Bobby L. Harnage, Sr., American mony from Kay Coles James, Director, Office of Per- Federation of Government Employees, AFL–CIO, all sonnel Management; David M. Walker, Comptroller of Washington, D.C.; and John Priolo, Federal Man- General of the United States, General Accounting agers Association, Alexandria, Virginia. Office; Colleen M. Kelley, National Treasury Em- Hearings continue tomorrow. ployees Union, Jerry G. Shaw, Jr., Senior Executives h House of Representatives COMMITTEE MEETINGS FOR TUESDAY, Chamber Action MARCH 19, 2002 Measures Introduced: 8 public bills, H.R. (Committee meetings are open unless otherwise indicated) 3983–3990; and 2 resolutions; H. Con. Res. 354 and 355, were introduced. Page H937 Senate Reports Filed: Reports were filed today as follows: Committee on Appropriations: Subcommittee on Com- Filed on Friday, March 16, H. Con. Res. 353, es- merce, Justice, State, and the Judiciary, to hold hearings tablishing the congressional budget for the United on proposed budget estimates for fiscal year 2003 for the National Oceanic and Atmospheric Administration, and States Government for fiscal year 2003 and setting the Federal Trade Commission, 10 a.m., SD–138. forth appropriate budgetary levels for each of fiscal Subcommittee on Foreign Operations, to hold hearings years 2004 through 2007 (H. Rept. 107–376); to examine proposed budget estimates for fiscal year 2003 S. 1622, to extend the period of availability of un- for the Department of the Treasury, focusing on the employment assistance under the Robert T. Stafford International Affairs Programs, 2 p.m., SD–192. Disaster Relief and Emergency Assistance Act in the Subcommittee on Military Construction, to hold hear- case of victims of the terrorist attacks of September ings on proposed budget estimates for fiscal year 2003 for 11, 2001 (H. Rept. 107–377); the Department of the Navy and Air Force military con- H.R. 2804, to designate the United States court- struction, 2:30 p.m., SD–138. house located at 95 Seventh Street in San Francisco, Committee on Armed Services: to hold hearings to examine California, as the ‘‘James R. Browning United States the worldwide threat to United States interests (to be fol- lowed by closed hearings in SH–219), 9:30 a.m., Courthouse’’ (H. Rept. 107–378); and SH–216. H.R. 3925, to establish an exchange program be- Subcommittee on SeaPower, to hold hearings on pro- tween the Federal Government and the private sector posed legislation authorizing funds for fiscal year 2003 in order to promote the development of expertise in for the Department of Defense, focusing on maximizing information technology management, amended (H. fleet presence capability, ship procurement, and research Rept. 107–379). Pages H936–37 and development, 2:30 p.m., SR–222. Committee on Banking, Housing, and Urban Affairs: to re- Speaker Pro Tempore: Read a letter from the sume oversight hearings to examine accounting and inves- Speaker wherein he appointed Representative Otter tor protection issues raised by the fall of the Enron Cor- to act as Speaker pro tempore for today. Page H935 poration and by other public companies; followed by a Senate Messages: Message received from the Senate vote on the nominations of JoAnn Johnson, of Iowa, to today appears on page H935. be a Member of the National Credit Union Administra- tion Board, and Deborah Matz, of New York, to be a Referrals: S. 1372 was held at the desk and S. 2019 Member of the National Credit Union Administration was referred to the Committee on Financial Services. Board, 9:30 a.m., SD–538. Page H935 Committee on Commerce, Science, and Transportation: to Quorum Calls Votes: No quorum calls or recorded hold hearings on the nomination of Vice Admiral Thomas Collins to be Commandant of the United States Coast votes developed during the proceedings of the House Guard, 2:30 p.m., SR–253. today. Subcommittee on Oceans, Atmosphere, and Fisheries, Adjournment: The House met at 2 p.m. and ad- to hold oversight hearings to examine the budget of the journed at 2:04 p.m. United States Coast Guard, 3 p.m., SR–253. Committee on Environment and Public Works: to hold hear- ings to examine mobility, congestion, and intermodalism, Committee Meetings focusing on fresh ideas for transportation demand, access, No committee meetings were held. mobility, and program flexibility, 2:30 p.m., SD–406. March 18, 2002 CONGRESSIONAL RECORD — DAILY DIGEST D251

Committee on Finance: Subcommittee on Social Security Institutes of Health Panel: Fundamental Research: Bio- and Family Policy, with the Committee on Health, Edu- medical Science in the Future, 2 p.m., 2358 Rayburn. cation, Labor, and Pensions, Subcommittee on Children Subcommittee on Veterans’ Affairs, Housing and and Families, to hold joint hearings to examine working Urban Development, and Independent Agencies, on De- families and child care issues, 2:30 p.m., SD–215. partment of Housing and Urban Development, 9:30 a.m., Subcommittee on Social Security and Family Policy, and 1:30 p.m., 2359 Rayburn. with the Committee on Health, Education, Labor, and Committee on Armed Services, Subcommittee on Military Pensions, Subcommittee on Children and Families, to Procurement, hearing on the U.S. defense industrial base, hold joint hearings to examine affordable child care and 3 p.m., 2118 Rayburn. improving links between the welfare work requirements Committee on Energy and Commerce, Subcommittee on En- and child care for low income, working families, 2:30 ergy and Air Quality, hearing on the reauthorization of p.m., SD–215. the Natural Gas Pipeline Safety Act and the Hazardous Committee on Foreign Relations: to hold hearings to exam- Liquid Pipeline Safety Act, 2 p.m., 2318 Rayburn. ine threat reduction of chemical and biological weapons, Committee on the Judiciary, Subcommittee on Immigra- 10 a.m., SD–419. tion and Claims, oversight hearing on ‘‘The INS March Full Committee, business meeting to consider S. Res. 2002 Notification of Approval of Change of Status for 213, condemning human rights violations in Chechnya Pilot Training for Terrorist Hijackers Mohammed Atta and urging a political solution to the conflict; H.R. and Marwan Al-Shehhi,’’ 4 p.m., 2141 Rayburn. 2739, to amend Public Law 107–10 to require a United Committee on Resources, Subcommittee on National States plan to endorse and obtain observer status for Tai- Parks, Recreation and Public Lands, hearing on the fol- wan at the annual summit of the World Health Assembly lowing: H.R. 2982, to authorize the establishment of a in May 2002 in Geneva, Switzerland; and S. Res. 205, memorial within the area in the District of Columbia re- urging the Government of Ukraine to ensure a demo- ferred to in the Commemorative Works Act as ‘‘Area I’’ cratic, transparent, and fair election process leading up to or ‘‘Area II’’ to the victims of terrorist attacks on the the March 31, 2002, parliamentary elections, 2:15 p.m., United States, to provide for the design and construction S–116 Capitol. of such a memorial; H.R. 3380, to authorize the Secretary Committee on Governmental Affairs: Subcommittee on of the Interior to issue right-of-way permits for natural International Security, Proliferation and Federal Services, gas pipelines within the boundary of Great Smoky Moun- to continue hearings on Federal workplace reform pro- tains National Park; and a measure to designate and pro- posals, 10 a.m., SD–342. vide for the management of the Shoshone National Recre- Committee on Health, Education, Labor, and Pensions: Sub- ation Trail, 2 p.m., 1334 Longworth. committee on Children and Families, with the Com- Subcommittee on Water and Power, hearing on H.R. mittee on Finance, Subcommittee on Social Security and 3881, to authorize the Secretary of the Interior to engage Family Policy, to hold joint hearings to examine working in studies relating to enlarging Pueblo Dam and Res- families and child care issues, 2:30 p.m., SD–215. ervoir and Sugar Loaf Dam and Turquoise Lake, Subcommittee on Children and Families, with the Fryingpan-Arkansas Project, Colorado, 10:30 a.m., 1334 Committee on Finance, Subcommittee on Social Security Longworth. and Family Policy, to hold joint hearings to examine af- Committee on Rules, to consider the following: H.R. fordable child care and improving links between the wel- 3925, Digital Tech Corps Act of 2002; and H. Con. Res. fare work requirements and child care for low income, 353, establishing the congressional budget for the United working families, 2:30 p.m., SD–215. States Government for fiscal year 2003 and setting forth Committee on the Judiciary: to hold hearings on the nom- appropriate budgetary levels for each of fiscal years 2004 ination of Terrence L. O’Brian, of Wyoming, to be through 2007, 5 p.m., H–313 Capitol. United States Circuit Judge for the Tenth Circuit; the Committee on Small Business, Subcommittee on Rural En- nomination of Lance M. Africk, to be United States Dis- terprises, Agriculture and Technology, hearing on Access trict Judge for the Eastern District of Louisiana; the nom- to Health Care in Rural America, 2 p.m., 2360 Rayburn. ination of Paul G. Cassell, to be United States District Permanent Select Committee on Intelligence, executive, hear- Judge for the District of Utah; and the nomination of ing on Joint Military Intelligence Programs/Tactical In- Legrome D. Davis, to be United States District Judge for telligence and Related Activities, 4 p.m., H–405 Capitol. the Eastern District of Pennsylvania, 10 a.m., SD–226. Joint Meetings House Conference: meeting of conferees on H.R. 2646, to pro- Committee on Appropriations, Subcommittee on Labor, vide for the continuation of agricultural programs Health and Human Services and Education, on National through fiscal year 2011, 9 a.m., 1300 LHOB. D252 CONGRESSIONAL RECORD — DAILY DIGEST March 18, 2002

Next Meeting of the SENATE (1) H.R. 3928, University of Utah Museum of Natural 10 a.m., Tuesday, March 19 History Facility in Salt Lake City; (2) H.R. 706, Lease Lot Conveyance Act; (3) H.R. 1712, National Park of American Samoa Senate Chamber Boundary Adjustment; (4) H.R. 3985, Gila River Indian Community Lease Program for Tuesday: Senate will resume consideration Act; of H.R. 2356, Campaign Finance Reform. Also, Senate (5) H. Res. 368, Commending the Pentagon Renova- expects to resume consideration of S. 517, Energy Policy tion Program and its Restoration of the Pentagon; Act. (6) S. 2019, Extension of Export-Import Bank Author- (Senate will recess from 12:30 p.m. until 2:15 p.m., for ity until April 30, 2002; their respective party conferences.) (7) H.R. 2509, Bureau of Engraving and Printing Se- curity Printing Amendments; (8) H.R. 3924, Freedom to Telecommute Act of 2002; Next Meeting of the HOUSE OF REPRESENTATIVES (9) H.R. 3986, Extension of unemployment assistance for those made eligible by the September 11 terrorist at- 12:30 p.m., Tuesday, March 19 tacks; (10) H.R. 2804, James R. Browning United States Courthouse, San Francisco, California; and House Chamber (11) H. Res. 339, Urging Democratic and Fair Par- Program for Tuesday: Consideration of suspensions: liamentary Elections in Ukraine.

Extensions of Remarks, as inserted in this issue

HOUSE

Calvert, Ken, Calif., E369 Horn, Stephen, Calif., E370 Kerns, Brian D., Ind., E370 Lee, Barbara, Calif., E369 Portman, Rob, Ohio, E369, E370 Radanovich, George, Calif., E369 Young, Don, Alaska, E370

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